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Home My WebLink AboutContract 51310 Received Date: 9/26/2018 Received Time: 10:55 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Harmon 38 Investments LP Address, State,Zip Code: 275 Main Street, Suite 211,Edwards,CO, 81632 Phone&Email: 970-926-2913, steve@mckeever.us Authorized Signatory,Title: Steve McKeever,Manager Project Name: The Presidio at Sonoma Creek Brief Description: Sewer Project Location: NEC of Harmon Road and Sonoma Creek Lane Plat Case Number: FP-18-056 Plat Name: Presidio Addition Mapsco: Council District: 7 CFA Number: 2018-067 City Project Number: 101564 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT .THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 51310 WHEREAS, Harmon 38 Investments LP, ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as The Presidio at Sonoma Creek ("Project") within the City or the extraterritorial jurisdiction of Fort Worth,Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS,any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement;and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the Project. NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein,the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that once the Project has been completed and the City has officially accepted the Improvements City must release the collateral or Developer's City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek OFFICIAL RECORD CFA Official Release Date:02.20.2017 Page 8 of 11 CITY SECRETARY FT. WORTH,TX financial guarantee. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub- contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water(A) El. Sewer(A-1) 0. Paving(B) ❑. Storm Drain (B-1) Street Lights & Signs (C) ❑ E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section Il,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s),Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (1001/6) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 9 of 11 requirements of Chapter 2253, Texas Government Code. iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the City. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the Project or to construct the Improvements required herein. I. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 10 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits,actions or claims of any character,whether real or asserted,brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees. Further, Developer will indemnify and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said Developer's or his contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy,and in accordance with all plans and specifications. M. Developer will further require its contractors to fully indemnify, defend and hold harmless the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work, or on account of any act, intentional or otherwise, neglect or misconduct of said contractors, or their sub-contractors, officers, agents or employees. Further, Developer will require its contractors to fully indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's, or their sub-contractors', officers' agents', or employees', failure to complete the work and construct the improvements in a good and workmanlike City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 11 of 11 manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. N. Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent(2%) for a total of 4% of the Developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the Developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the City is not installing the streetlights, inspection fees equal to four percent (4%) of the Developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 1 YEAR i. Developer shall complete the Improvements within one (1) year, provided, however, if construction of the Improvements has started within the one year period,the Developer may request that the CFA be extended for one additional year ("Extension Period"). ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 12 of 11 the end of one(1) year from the date of this Agreement(and any Extension Period) the Improvements have not been completed. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of same if before the expiration of one (1) year, and any Extension Period, the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction. Q. PROHIBITION ON BOYCOTTING ISRAEL Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the Agreement. R. IMMIGRATION AND NATIONALITY ACT Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 13 of 11 Cost Summary Sheet Project Name: The Presidio at Sonoma Creek CFA No.: 2018-067 City Project No.: 101564 An Engineer's Estimate of Probable Cost is acceptable. However,the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developet's Cost A. Water and Sewer Construction 1. Water Construction 2.Sewer Construction $ 49,764.40 Water and Sewer Construction Total $ 49,764.40 B. TPW Construction 1.Street $ - 2.Storm Drain $ 3.Street Lights Installed by Developer $ 4. Signals $ TPW Construction Cost Total $ - Total Construction Cost (excluding the fees): $ 1 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 995.29 D. Water/Sewer Material Testing Fee (2%) $ 995.29 Sub-Total for Water Construction Fees $ 1,990.58 E. TPW Inspection Fee (4%) $ - F. TPW Material Testing (2%) $ - G. Street Light Inspsection Cost $ - H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ - Total Construction Fees: $ 1.990.58 Choice Financial Guarantee Options, choose one Amount "mark one' Bond = 100% $ 49,764.40 Completion Agreement= 100% /Holds Plat $ 49,764.40 Cash Escrow Water/Sanitary Sewer= 125% $ 62,205.50 Cash Escrow Paving/Storm Drain =125% $ - Letter of Credit = 125% w/2yr expiration period $ 62,205.50 1 X City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 14 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER 47eHARMON 38 INVESTMENTS LP, Jesus J.Chapa(Sep 25,,x. a Texas limited partnership Jesus J. Chapa Assistant City Manager By: Harmon 38 GP LLC Date: Sep 25,2018 Its: General Partner Steve-MGK'e� Recommended by: By:Steve M`K-.—, Sep 25,2018' Name: Steve McKeever Title: Manager Date: Sep 25,2018 C. I.:- (Sep 25,2018) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Approved as to Form &Legality: administration of this contract, including ensuring all performance and reporting requirements. Richard A.McCracken(Sep 25,2018) Richard A. McCracken Q Tania Searle-f f Morwles City` ity Attorney Scarlett Morales(Sep 25,2018) M&C No. N/A Name: Janie Morales Date: Title: Development Manager Form 1295: N/A F F0RT� ATTEST: (j —1 Jr Kc�vser MaryJ.Kay— S`ep 26,2018) ................ LOFFICIALMary J. Kayser/Ronald AS RECORD SECRETARYCity Secretary/Assistant City Secretary WORTIi, TX City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 15 of 11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ® Location Map ❑ Exhibit A:Water Improvements CE3 Exhibit A-1: Sewer Improvements ® Water and Sewer Cost Estimates ❑ Exhibit B: Paving Improvements 3 Paving Cost Estimate ❑ Exhibit 13-1: Storm Drain Improvements ❑ Storm Drain Cost Estimate ❑ Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 16 of 11 ATTACHMENT"I" Changes to Standard Agreement Community Facilities Agreement City Project No. 101564 None. City of Fort Worth,Texas Standard Community Facilities Agreement-The Presidio at Sonoma Creek CFA Official Release Date:02.20.2017 Page 17 of 11 f � 0 PROJECT SITE of r'J 1 SHIER 1 N ® NARMGN . 1.5 THONPSON C MM ELDS \ NAN IN t TULIP TREE C VANLOW 1 STAGHO Ill Q ( 4HU I� o PERIWI SIR R CLEH V � RIMER BR 7HR ER UCKLEBERR RAC BROOK r P ENDER T 11M A z /1 WA%WING f m SPINDLE TR f IL BER PREWETT r STAGHOR RABAPP _ 3 AMPIO FLINTWO SHAGBARK ROCK p< DBIG LEAF J i UNI I MCµ A MAN INI MAN '�.BIRCH WO BRACK 0 s CITY PROJECT NO. 101564 SEWER PROJECT NO. 56008-0700430-101564-001380 X-25438 0 a f a �i v a m 0 N m O t'n O� Q 3 VICINITY MAP 0 MAPSCO-TAR--035A C DUNAWAy COUNCIL DISTRICT #7 550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107 THE PRESIDIO AT SONOMA CREEK & Tel:817.335.1121 1TXREG.F-1114) HARMON ROAD 0 J a 0 I Ill EX-IS"SS--- -- I hLot 1R3,Block I I I 13.58 ACRES (591,513 SQ.Fr.) \\ \ X Lot 1R2,Block PROPOSED 1.15ACREs 8" SS MANN \ (50,035.94 SQ.Fi.) cc1 Z V / PROPOSED a 4' SSMH Lot 1R3,BlockA RES \l o0 �\ I (e5,e35.51 sQ.Fr.) 509 0�� PROPOSED 4' SSMH PROPOSED 4' SSMH a a I \ CONNECT TO EXISTING x I \ PROPOSED g 4' SSMH SS MAIN X PROPOSED a 8" SS MAIN 5s S � o I I PROPOSED NOMA CREEK LA E LLJ • 4' SSMH CONGRElE5N1F�CE (i� 31'weuc�u FwsE"Frrt x . I �aFun � , I (� LEGEND 1 1 a —— PROPERTY LINE 0 200 400 a, a — — PROPOSED LOT LINES a — — — — — PROPOSED EASEMENTS m 8"SS PROPOSED SANITARY SCALE: 1"=200 ft. a SEWER LINE PROPOSED SANITARY SEWER MANHOLE 51 EXISTING SANITARY $� SEWER MANHOLE 3 z EXHIBIT Al - SEWER EXHIBIT DUNAWAY THE PRESIDIO AT = 550 Bailey Avenue•Suite •Port Worth,Texas 76107 Tel:817.33.335.1121 S O N O M A CREEK & H A R M O N ROAD is Q (TX REG.F-1114) 81812018 J d 00 42 43 DAP-BID PROPOSAL Page 1 of 1 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Section Unit of Bid Unit Price Bid Value No. No. Measure Quantity SANITARY SEWER IMPROVEMENTS 1 0170.0100 Mobilization 01 7000 LS 1 $1,000.00 $1,000.00 2 3301.0002 Post-CCN Inspection 3301 31 LF 870 $2.00 $1,740.00 3 3301.0101 Manhole Vacuum Testing 3301 30 EA 5 $200.00 $1,000.00 4 3305.0109 Trench Safety 33 05 10 LF 870 $1.00 $870.00 5 3305.0113 Trench Water Stops 33 05 15 EA 4 $200.00 $800.00 3331.4115 8"Sewer Pipe 33 11 10,33 31 12, 6 3331 20 LF 870 $29.00 $25,230.00 7 13339.1001 4'Manhole 33 39 10,33 39 20 EA 5 $3,200.00 $16,000.00 8 3339.1003 4'Extra Depth Manhole 33 39 10 33 39 20 VF 16.6 $134.00 $2,224.40 9 19999.0001 Connect to Existing Sewer Line 00 00 00 EA 1 $900.00 $900.00 10 TOTAL $49,764.40 Bid Summary SANITARY SEWER IMPROVEMENTS $49,764.40 Total Construction Bid $49,764.40 Contractor agrees to complete WORK for FINAL ACCEPTANCE within #days 'calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. Dunaj ay Associates, LP C17f 08/10/2018 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version September 1,2015 00 42 43 Bid Proposal DAP.xls