HomeMy WebLinkAboutContract 52880 Received Date: 10/08/19
Received Time: 8:47 AM
Developer and Project Information Cover Sheet:
-[Developer Company Name: Bloomfield Homes,LP
Address, State,Zip Code: 1050 E. Hwy 114, Suite,210 , Southlake,TX, 76092
Phone&Email: 817416-1572,donAa bloomfieldhomes net
Authorized Signatory,Title: Donald J. Dykstra,President—
Project Name: Watersbend North Phase 6
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights
Project Location: East of Wagley Robertson Rd.Northeast corner of Fox Hill Dr. and
Bent Oak Dr.Plat Case Number: Plat Name:
Mapsco: JCounc District:
CFA Number: CFA19-0056 City Project Number: 1.02107
City of Fort Worth,Texas ®FFIUAL RECORD
Standard Community Facilities Agreement-Watersbend North Phase 6 �',� � , ,
CFA Official Release Date:02.20.2017
Page 1 of 11 FT. WORTH, TX
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 52880
WHEREAS, Bloomfield Homes, 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 Watersbend North Phase 6 ("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
Proj ect.
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 there shall be no reduction in the collateral until the Project
has been completed and the City has officially accepted the Improvements. Developer
further acknowledges that said acceptance process requires the Developer's contractor(s)
City of Fort Worth,Texas
Standard Community Facilities Agreement-Watersbend North Phase 6 OFFICIAL. RECORD
CFA Official Release Date:02.20.2017 CITY SECRETARY
Page 2 of 11 FT. WORTH,TX
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) Sewer(A-1)0, Paving(B) IM, Storm Drain(B-1) 0, Street Lights & Signs
(C) [ '.
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered
in conformance with paragraph 8, Section 11, of the Policy. Developer shall ensure its
contractor(s)pays the then-current City-established wage rates.
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 (100%) 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
requirements of Chapter 2253, Texas Government Code.
City of Fort Worth,Texas
Standard Community Facilities Agreement-Watersbend North Phase 6
CFA Official Release Date: 02.20.2017
Page 3 of 11
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 Water Department.
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
development or to construct the Improvements required herein.
1. 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-Watersbend North Phase 6
CFA Official Release Date:02.20.2017
Page 4 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, whether or not such injuries, death or damages are
caused, in whole or in part, by the alleized neglip-e ice of the City of Fort Worth, its
officers, servants, or emplovees.
ire its contractors to indemnify, defend and hold harmless
M. Developer will further requ
the City, its officers, agents and employees from and against any and all claims, suits or
causes of action of any nature whatsoever, whether real or asserted, brought for or on
account of any injuries or damages to persons or property, including death, resulting
from,or in any way connected with,the construction of the infrastructure contemplated
herein,whether or not such injuries, death or damages are caused, in whole or in part,
by the alleged negligence of the City of Fort Worth, its officers, servants, or employees.
Further,Developer will require its contractors to 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 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.
City of Fort Worth,Texas
Standard Community Facilities Agreement-Watersbend North Phase 6
CFA Official Release Date: 02.20.2017
Page 5 of 11
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 2 YEARS
i. Developer shall complete the Improvements within two (2) years, provided,
however, if construction of the Improvements has started within the two year
period,the developer may request that the CFA be extended for one additional year.
it. 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
the end of two(2)years from the date of this Agreement(and any extension period)
the Improvements have not been completed and accepted.
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
City of Fort Worth,Texas
Standard Community Facilities Agreement-Watersbend North Phase 6
CFA Official Release Date:02.20.2017
Page 6 of 11
construction of same before the expiration of two (2) years if the Developer
breaches this Agreement, becomes insolvent or fails to pay costs of construction
and the financial guarantee is not a Completion Agreement. If the financial
guarantee is a Completion Agreement and the Developer's contractors and/or
suppliers are not paid for the costs of supplies and/or construction, the contractors
and/or suppliers may put a lien upon the property which is the subject of the
Completion Agreement.
Q. 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 contract, 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 contract.
IMMIGRATION AND NATIONALITY ACT
R. 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.
City of Fort Worth,Texas
Standard Community Facilities Agreement-Watersbend North Phase 6
CFA Official Release Date: 02.20.2017
Page 7of11
Cost Summary Sheet
Project Name: Watersbend North Phase 6
CFA No.: CFA19-0056 City Project No.: 102107
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 Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 335,000.00
2.Sewer Construction $ 367.000.00
Water and Sewer Construction Total $ 702,000.00
B. TPW Construction
1.Street $ 706,300.00
2.Storm Drain $ 38B,974.00
3.Street Lights Installed by Developer $ 76,816.36
4. Signals $
TPW Construction Cost Total $ 1,170,090.36
Total Construction Cost(excluding the fees): $ 1,872,090.36
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 14,040.00
D. Water/Sewer Material Testing Fee(2%) $ 14,040.00
Sub-Total for Water Construction Fees $ 28,080.00
E. TPW Inspection Fee(4%) $ 43,730.96
F. TPW Material Testing(2%) $ 21,865.48
G. Street Light Inspsection Cost $ 3,072.65
H. Signals Inspection Cost $ -
H. Street Signs Installation Cost $.
Sub-Total for TPW Construction Fees $ 68,669.09
Total Construction Fees: $ 96,749.09
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 1,872,090.36 -
Completion Agreement=100%/Holds Plat $ 1,872,090.36 x
Cash Escrow Water/Sanitary Sewer-125% $ 877,500.00
Cash Escrow Paving/Storm Drain=125% $ 1,462,612.95
Letter of Credit=125%w/2 r expiration period $ 2,340,112.95
City of Fort Worth,Texas
Standard Community Facilities Agreement-Watersbend North Phase 6
CFA Official Release Date: 02.20.2017
Page 8 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
Bloomfield Homes,LP
Dana Burghdoff(Oct 2,201
Dana Burghdoff
Interim Assistant City Manager zywa 7 buk r�
Date: Oct 2,2019 Donald J Dykstra(0 2,2019)
Name: Donald J. Dykstra
Recommended by: Title: President
' Date: Oct 2,2019
Evelyn(Oct 2,2019)
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(Oct 2,2019)
Richard A. McCracken
Assistant City Attorney Jennifer Ezernack on behalfof Janie Morales(Oct 2,2019)
M&C No. N/A Name: Janie Morales
Date: Title: Development Manager
Form 1295: N/A r
9R7
ATTEST:
did" I ar C :moo
Mary J. ayser(Oct 8, 019) `y` •• pr r
Mary J. Kayser/Ronald Gonzales ',., ..
Y Y y
City Secretary/AssistantCit Secretat�
OFFICIAL RECORD
City of Fort Worth,Texas
Standard Community Facilities Agreement-Watersbend North Phase 6 CITY SECRETARY
CFA Official Release Date: 02.20.2017 FT WORTH,TX
Page 9 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
® Exhibit A-1: Sewer Improvements
®' Water and Sewer Cost Estimates
Exhibit B: Paving Improvements
® Paving Cost Estimate
Exhibit B-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-Watersbend North Phase 6
CFA Official Release Date:02.20.2017
Page 10 of 11
ATTACHMENT"I"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 102107
None.
City of Fort Worth,Texas
Standard Community Facilities Agreement-Watersbend North Phase 6
CFA Official Release Date:02.20.2017
Page 11 of 11
00 42 43
DAP-BID PROPOSAL
Page r ON
SECTION QO 42 43
Developer Awarded Projects-PROPOSAL FORM
Watershend North Phase 6
City Project M02107
UNIT PRICE BID FliddeF'F, Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Section No. Unit of Bid Unit Price Bid Value
No. Measure Quantity
MITI-WARR fMPROVEMENTS
1 3311.0261 8"PVC Water Pie 3311 10,3311 12 LF 4,914 $34.001 $167,076.00
2 33f2.300 8"Gale Valve&Valve Box 331220 EA 10 $1,250.00 $12,600.00
3 3312.0001 Sid.Ffre Hydrant Assembl wl6"Gate Value& 331240 EA 5 $4,265.00 $21,325.00
4 3311.0001 Ductile iron Water Fittings w/Restraint 3311 11 TON 1.1 $4 975.00 $5,472.60
5 3305.0109 Trench Safely 33 05 10 LF 4,91 $0.25 $1,22&50
6 3312,2003 1"Domestic Water Services 331210 EA 133 $950.00 $126,350.00
7 3312.2003 1-Irri aflon Services 33 12 10 EA 1 $1,048.00 $1,048.00
TOTAL UNIT I:WATEQVEMENT$ E335 UOO.DO
UNIT f:SANITARY SEWER IMPROVEMENTS
8 3331.4115 8"SDR-26 PVC Sewer Pipe 33 11 10,33 31 12, LF 4,020 $40.00 $160,800.00
3331 20
9 3331.3101 SDR-26 4"Sewer Services 3331 50 EA 133 $672.00 $89,376.00
10 3339.1001 4'Std.Dia.Manhole 33 39 10.33 39 20 EA 18 $4,070.00 $73,260.00
11 3339.1003 Extra Depth for 4'Dia.Manhole 33 3910 33 39 20 LF 84 $185.00 $15,540.00
12 3331.4116 8"PVC Sanitary Sewer Pipe w/CSS Backfill LF 191 $58.00 $11,078.00
13 3305,0109 Trench Safety 330510 LF 4 020 $0.30 $1,206.00
14 3301.0002 Post-CCTV Inspection 33 01 31 LF 4 020 $2.00 $8,040.00
15 9999.0001 Connect to Existing8"Sewer 00 00 00 EA 5 $1,000.00 $5,000.00
16 3301.0101 Vacuum Test Manholes 3301 30 EA 18 $150.00 $2,700.00
TOTAL UNIT It:SANITARY SEWER IMPR VEMENTS $367 000.00
NIT.Ill_PR G P Vl5 S
17 3349.5001 10'Curb Inlet 34 49 20 EA 10 $3,475.00 $34,750.00
18 3349.5002 15'Curb Inlet 344920 EA 1 $4,200.00 $4,200.00
19 3341,0201 21"Class III R.C,P, 3341 10 LF 219 $60.00 $13,140.00
20 3341.0208 27"Class III R.C.P. 33 41 10 LF 256 $75.00 $19,200.00
21 3341.0302 30"Class III R.C.P. 3341 10 LF 619 $85.00 $62,616.00
22 3341.0305 33"Class Ill R.C.P. 3341 10 LF 496 $97.00 $48,112.00
23 3341.0309 36"Class ill R.C.P. 33.41 10 LF 373 $115.00j $42,895.00
24 3341.1102 43 Box Culvert 3341 10 LF 285 $195.00 $55,576.00
25 3341.1201 5x3 Box Culvert 3341 10 LF 357 $235.00 $83,896.00
26 3349.0001 4'x 4'Storm Junction Box 334910 EA 4 $4,500.00 $18,000.00
27 4999.0002 5'x 4'Storm Junction Box 00 00 00 EA 1 $5,800.00 $5,800.00
28 9999.0003 6'x 5'Storm Junction Box 00 00 00 EA 1 $6,900.00 $6,900.00
29 3305.0109 Trench Safety_ 33 05 10 LF 2.606 $0.40 $1,042,00
30 3305-0112 Concrete Collar 33 05 17 EA 1 $850.00 $850.00
O AL NI III:DRAINAGE IMPROVEMENTS s. $386 874.00
CtrY OFFORT WORTH
STANDARD CONSTRUCTION SPECIFICAMONDOCUMENM•DEVELOPER AWARDED PROJEM
Form Vm6oa Sepmm1w t,2015 WaWsbend North Ph 6_Bld QuaWltes•Conauer
004243
DAP-Bm PROPOSAL
Page 2 ar2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Watersbead North Phase 6
City Project 0102107
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Sidlistlt«n Description Spec�cationSection No. Unit of Bid Unit Price Bid Value
No. Measure Quantity
UNIT IV:PAVIN IMPR V NT
31 3213.0101 6"Concrete Pavement Residential 321313 SY 16,454 $36.00 $575,890.00
32 3211.0501 6"Lime Treated Sub grade Residential 321129 SY 17,689 $3.00 $52,767.00
33 3211.0400 Hydrated Lime Q 32 lbs./S.Y. Residential 321129 TON 316.6 $165.00 $52,239.00
34 3213.0506 P-1 Ramp 32 13 20 EA 10 $1450.OD $14,500.00
35 3213.0302 5'Concrete Sidewalk 331220 LF 121 $24.00 $2,904.00
36 9999.0004 Connect to Concrete Header 00 00 00 LF 5 $500.00 $2,500.00
37 9999.0005 St Sign w/Stop Sin _ 00 00 00 EA 5 $720.001 $3,600.00
38 9999.0006 St Marker Blade 00 00 00 1 EA 1 10 $190.001 $1,900.00
TOTAL UNIT IV:PAVING IMPROVEMENTS $706 300.00
Bid Summary
UNIT I:WATER IMPROVEMENTS $335.000.00
UNIT It:SANITARY SEWER IMPROVEMENTS _ $367,000.0_0
UNIT III:DRAINAGE IMPROVEMENTS __ $386,974.00
UNIT IV:PAVING IMPROVEMENTS $7063300.09
PERFORMANCE/PAYMENT&MAINTENANCE BONDS ^� $19 516.00
Total Construction Bid $1,814,790.00
This bid is submitted by the entity listed below:
Conatser Construction TX,LP By: Brock Huggins
6327 Wichita St.
Ft.Worth,TX 76119
817-534-1743 St Ire
President
Date:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 working days after the date when the
CONTRACT commences to run as provided is the General Conditions.
END OF SECTION
CrrY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
FormV-1aa Sep1e j-1.2013 waWsbeM Noah Ph 6_sw Qmntitks-Comuer
00 42 43
DAP-BID PROPOSAL
Page 1 of I
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Watersbend North Phase 6
City Project N102107
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Unit of Bid
No. Description Specification Section No. Q Unit Price Bid Value
Measure uantity
UNIT V:STREET LIGHTING IMPROVEMENTS
40A 3441.3341 Type 11 pole with 33B arm 34 41 20 EA 18 $1,656.00 $29,808.00
40B 3441.3301 Concrete Foundation Type 1 344120 EA 18 $1,032.00 $18,576.00
40C 3441.3201 LED Lighting Fixture 34 41 20 EA 18 $266.00 $4,788.00
41 2605.3011 2"Conduit PVC SCH 40 T 26 05 33 LF 2,348 $7.10 $16,670.80
42 3441.1408 No.6 Insulated Elec Condr 3441 10 LF 7 044 $0.99 $6 973.56
TOTAL UNIT V STREET LIGHTING IMPROVEMENTS
Bid Summary
UNIT V:STREET LIGHTING IMPROVEMENTS $76,816.36
Total Construction Bid $76,816.36
This bid is submitted by the entity listed below:
Independent Utility Construction,Inc. By' ichard Wol
5109 Sun Valley Dr.
Ft.Worth,TX 76119
817-478-444 Ignatu
Title:President
Date: O-Z f ,
Contractor agrees to complete WORK for FINAL ACCEPTANCE.wllhin 36 working days after the date when the
CONTRACT commences to run as provided In the General Conditions,
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
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CIVIL ENGINEERS—PLANNERS—SURVEYORS SOUTH LAKE,TX 76092
2405 Mustang DrWa,GrapWna,Taxw 7so51 PHONE(817)416-1572
O MuU0(877)32943M FAX(817)416-1397
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CIVIL ENGINEERS—PLANNERS—SURVEYORS SOUTHLAKE,TX 76092
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0 CML ENGINEERS—PLANNERS--SURVEYORS SOUTHLAKE,TX 76092
24M Mustang DrWe,GrepeWne,Teams 76051 PHONE(817)416-1572 PROPOSED STREET NAME SIGN A
L1J Metro(317)325-4373 FAX(817)416-1397
COMPLETION AGREEMENT—SELF FUNDED
This Completion Agreement("Agreement"), is made and entered into by and between the
City of Fort Worth, ("City") and 13Moom ield Homes,LP a Texas limited partnership, authorized
to do business in Texas, ("Developer"), effective as of the last date executed by a Party hereto.
The City and the Developer may collectively be called the"Parties".
WITNESSETH:
WHEREAS, the Developer owns that certain tract of real property that contains
approximately 35.864 acres of land located in the City, the legal description of which tract of real
property is marked Exhibit "A"—Legal Description, attached hereto and incorporated herein for
all purposes, ("Property"); and
WHEREAS, the Developer intends to develop the Property as an addition to the City
through plat FP 19-021 or FS<Nuinber>; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development, Watersbend North Phase 5 for Water Sewer Paving,
Storm Drain, Street Lights ("Improvements"); and
WHEREAS, the City has required certain assurances that the Developer will cause to be
constructed to City standards the Improvements pursuant to the Community Facilities Agreement;
and
WHEREAS, the Parties desire to set forth the terms and conditions of such
accommodations as are described above.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, it is hereby agreed by and between City and Developer as follows:
I. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for
this Agreement and they are incorporated into this Agreement for all purposes.
2. The Completion Amount. The City and the Developer agree that the Hard Costs(as shown
on Exhibit`B")required to complete the Community Facilities in the aggregate should not
exceed the sum of One Million Eight Ilundred Seventy Two Thousand Ninety&36/100
Dollars ($L§72,090.36), hereinafter called the "Completion Amount". Notwithstanding
the foregoing, it is acknowledged that the actual costs of completion of the Community
City of Fort Worth, Texas
Standard Completion Agreement.—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 1 of 13
Facilities may vary as a result of change orders agreed to by the Parties,but such variances
for the purposes of this Agreement shall not affect the Completion Amount as used herein.
City hereby waives the requirement for developer to deposit a financial guarantee of 100%
of the Hard Costs under the CFA Policy.
3. Completion by the Developer. The Developer agrees to complete the Community Facilities
and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans
as approved by the City. For the purposes of this Agreement, the development of the
Property shall be deemed complete upon acceptance by the City of the Community
Facilities pursuant to Section 6,hereof.
4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants
contained in this Agreement satisfy all requirements of the City with respect to Developer's
Financial Guarantee, as described in the CFA Policy, or other requirements for security in
connection with the development of the Property and the completion of the Community
Facilities that are contained in the CFA or in any other agreement relating thereto, and the
City hereby accepts the assurances and covenants contained herein in lieu thereof. To the
extent the CFA irreconcilably conflicts with this Agreement, the provisions of this
Agreement shall control.
5. Termination. This Agreement shall terminate upon the earlier to occur of the following:
(a) acceptance by the City of the Community Facilities; or(b)mutual written agreement of
the Parties.
6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the
Property until the Community Facilities are completed and accepted by the City and all
Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and
receipt of evidence from the Developer showing that all Hard Costs contractors have been
paid,including but not necessarily limited to lien waivers and bills paid affidavits,the City
shall within a reasonable time file the final plat for the Property in the Plat Records of the
county where the Property is located. The purpose of the City retaining the final plat of
the Property as provided herein is to guarantee the Developer's obligations under the CFA
are completed.
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 2 of 13
7. Construction Contracts. Developer agrees to include in each Construction contract that it
enters into for the completion of the Community Facilities the following:
A. A statement that the City is not holding any security to guarantee any payment for work
performed on the Community Facilities;
B. A statement that the Property is private property and that same may be subject to
mechanic's and materialman's liens;
C. A requirement that each contractor contracting with the Developer release the City
from any claim that is related to the Property; and
D. A requirement that each contractor contracting with the Developer include in each
subcontract the statements contained in(a), (b) and (c) above.
8. Miscellaneous.
A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the
Parties without the prior written consent of all the other Parties.
B. Notice. Any notice required or permitted to be delivered under this Agreement shall
be deemed received on actual receipt by the appropriate party at the following
addresses:
(i) Notice to the City shall be addressed and delivered as follows:
City of Fort Worth
Planning&Development Department
200 Texas Street
Fort Worth, Texas 76102
Attention: CFA Division
Janie Morales, Development Manager
Email: Janie.Morales@fortworthtexas.gov
Confirmation Number: 817-392-7810
and/or
CFA Division
Email: CFA(a1fortworthtexas.gov
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 3 of 13
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attention: Richard A. McCracken
Assistant City Attorney
Confirmation Number: 817-392-7611
(ii) Notice to the Developer shall be addressed and delivered as follows:
Bloomfield Homes, LP
Donald J.Dykstra,President
1050 E. Hwy 114, Suite 210
Southlake,TX 76092
A party may change its address for notice upon prior written notice to the other parties
pursuant to the terms hereof.
C. Texas Law to Apply. This Agreement shall be construed under and in accordance with
the laws of the State of Texas.
D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective legal representatives, successors and assigns.
E. Legal Construction. In case any one or more of the provisions contained in this
Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Agreement, and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement
of the Parties with respect to the subject matter hereof and supersedes any prior
understandings or written or oral agreements among the Parties concerning the subject
matter hereof.
G. Amendment. This Agreement may only be amended by a written instrument executed
by all of the Parties to this Agreement.
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 4of13
H. Headings. The headings that are used in this Agreement are used for reference and
convenience purposes only and do not constitute substantive matters to be considered
in construing the terms and provisions of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 5 of 13
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:
Bloomfield Homes, LP
11anaBurgCghd ff Oct2,2012Z �aGJJG�I�/^L
Dana Burghdoff Donald J Dykstra(Oc 2,20[ 19)
Interim Assistant City Manager Name: Donald J. Dykstra
Title: President
Date: Oct 2,2019
Date: Oct 2,2019
Approved as to Form &Legality:
Richard A WCra6gen Contract Compliance Manager:
Richard A McCracken(Oct 2,2019)
Richard A. McCracken By signing I acknowledge that I am the
Assistant City Attorney person responsible for the monitoring and
administration of this contract, including
ATTEST: " `0R, ensuring all performance and reporting
requirements.
Mary J. yser(Oct 8, 019) *t
Janie S. Morales
Mary J. Kayser h, s Planning Manager
City Secretary
M&C:
Date:
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2 017 JLE
CFA Official Release Date: 07.01.2015 OFFICIAL RECORD
Page 6 of 13 CITY SECUTARY
FT 1Nt RTHp T
LIST OF EXHIBITS
ATTACHMENT"1"-CHANGES TO STANDARD AGREEMENT
EXHIBIT A - LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 7 of 13
ATTACHMENT 461"
Changes to Standard Agreement
Self-Funded Completion Agreement
NONE
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 8 of 13
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land situated in the Henry Robertson Survey,Abstract No. 1259, City of Fort
Worth, Tarrant County, Texas, being a portion of Tract I as described in deed to Bloomfield
Homes, L.P., recorded in D215281478, Official Public Records, Tarrant County, Texas
(OPRTCT), and being more particularly described as follows:
BEGINNING at a 1/2" rebar capped Goodwin &Marshall set(hereafter referred to as 1/2" rebar
capped set) at the southeast corner of the final plat of Fossil Hill Estates (Phase 5), an addition to
the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 11577, Plat
Records, Tarrant County, Texas (PRTCT), said point lying in the north line of Fossil Park
Estates, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A,
Slide 7641, PRTCT;
THENCE along the east line of said Fossil Hill Estates (Phase 5), as follows:
N 00°27'35'.' W, a distance of 116.89 feet(plat 116.66 feet)to a 1/2"rebar capped
Beasley found at the southeast corner of the platted terminus of Ridgewater Trail (50'
R.O.W.);
N 00°39'38" W, along the east line of said Ridgewater Trail, a distance of 50.00 feet to a
1/2"rebar capped set at the northeast corner of the platted terminus of Ridgewater Trail;
N 00°27'35" W, a distance of 113.50 feet to a 1/2" rebar capped Beasley found;
N 89°32'25" E, a distance of 300.00 feet to a 1/2" rebar in concrete found;
N 00°27'35" W, a distance of 113.50 feet to a 1/2" rebar capped Beasley found in the
south line of Wildriver Trail (50'R.O.W.);
N 89°32'25" E, along the south line of said Wildriver Trail, a distance of 22.74 feet to a
1/2"rebar capped set at the southeast corner of the platted terminus of said Wildriver
Trail;
N 00°27'35" W, along the east line of said Wildriver Trail, a distance of 50.00 feet to a
1/2"rebar capped set at the northeast corner of the platted terminus of said Wildriver
Trail;
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 9 of 13
S 89°32'25" W, along the north line of said Wildriver Trail, a distance of 20.74 feet to a
1/2" rebar capped set;
N 00°27'35" W, departing the north line of said Wildriver Trail, a distance of 503.80 feet
(plat 504.00 feet)to a 1/2" rebar capped set in the south line of White Falcon Way(50'
R.O.W.);
N 89°32'25" E, along the south line of said White Falcon Way, a distance of 20.63 feet
(plat 20.74 feet) to a 1/2" rebar capped set at the southeast corner of the platted terminus
of said White Falcon Way;
N 00°2735" W, at a distance of 50.00 feet passing a 1/2"rebar capped Beasley found at
the northeast corner of the platted terminus of said White Falcon Way, continuing a total
distance of 163.69 feet(plat 163.63 feet)to a 1/2" rebar capped set, from which a 1/2"
rebar capped found bears N 02°02'W, 0.3 feet;
N 89°32'25" E, a distance of 150.00 feet to a 1/2" rebar capped Beasley found;
N 00°27'35" W, at a distance of 113.69 feet passing a 1/2"rebar capped Beasley found at
the southeast corner of the platted terminus of Tradewind Drive(50'R:O.W.), continuing
a total distance of 163.69 feet(plat 163.63 feet)to a 1/2" rebar capped set at the northeast
corner of the platted terminus of said Tradewind Drive;
S 89°32'25" W. along the north line of said Tradewind Drive, a distance of 7.45 feet(plat
7.74 feet) to a 1/2"rebar capped set at a right-of way clip corner;
N 45°27'35" W, a distance of 14.14 feet to a 1/2" rebar capped set at a right-of-way clip
corner;
N 00°27'35" W, along the east line of Evening View Drive (60'R.O.W.), a distance of
105.00 feet to a 1/2" rebar capped set at a right-of-way clip corner;
N 44°32'25" E, a distance of 14.14 feet to a 1/2" rebar capped set at a right-of-way clip
corner,being the southwest corner of the final plat of Watersbend North(Phase 4B), an
addition to the City of Fort Worth, Tarrant County, Texas as recorded in D218184049,
OPRTCT;
THENCE departing the east line of said final plat of Fossil Hill Estates (Phase 5), along the south
line of Magma Drive (60'R.O.W.), as follows:
N 89°3225" E, a distance of 910.81 feet to a 1/2" rebar capped set at the beginning of a
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 10 of 13
tangent curve to the left, having a radius of 306.56 feet;
Northeasterly, along said curve,having a central angle of 19°18'54", an arc distance of
103.34 feet, and a chord that bears N 79°52'59" E, 102.86 feet to a 1/2" rebar capped set;
THENCE S 00°26'56"E, departing the south line of said Magma Drive, non-tangent to said
curve, along the west line of the final plat of Trails of Fossil Creek(Phase 2A-2), an addition to
the City of Fort Worth, Tarrant County, Texas as recorded in D214098479, OPRTCT and the
west line of the final plat of Trails of Fossil Creek(Phase 2A-3), an addition to the City of Fort
Worth, Tarrant County, Texas as recorded in D216095812, OPRTCT, a distance of 224.85 feet
to the northeast corner of a remainder portion of Tract 1 as described in deed to West.Comm
Investments,L.P., recorded in Volume 13956,Page 419,DRTCT;
THENCE departing the west line of said Trails of Fossil Creek(Phase 2A-3), along the north,
west, and south lines of a remainder portion of said West.Comm Investments Tract 1, as follows:
S 89°32'25" W, a distance of 350.07 feet(deed 350.00 feet);
S 00°27'35" E, a distance of 348.90 feet;
N 89°32'25" E, a distance of 350.00 feet to a point in the west line of said Trails of Fossil
Creek(Phase 2A-3);
THENCE S 00"26'56"E, along the west line of said Trails of Fossil Creek(Phase 2A-3), a
distance of 850.42 feet to a 1/2" rebar capped JBI found at the southwest corner of said Trails of
Fossil Creek(Phase 2A-3);
THENCE S 8904822" W, along the north line of aforementioned Fossil Park Estates as recorded
in Cabinet A, Slide 7641,PRTCT, at a distance of 99.28 feet passing a 1/2"rebar capped Beasley
found at the northeast corner of the platted terminus of Dusk Lane (50'R.O.W.), at a called
distance of 149.28 feet passing the northwest corner of the platted terminus of said Dusk Lane,
continuing a total distance of 1476.96 feet to the POINT OF BEGINNING and containing
35.864 acres of land.
NOTE:
Bearings are referenced to Texas State Plane Coordinate System,North Central Zone,NAD83 as
derived fiom Western Data Systems RTK Cooperative Network.
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CIA Official Release Date: 07.01.2015
Page 11of13
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 12 of 13
EXHIBIT B
APPROVED BUDGET
Section I
Water i$335,000.00
Sewer $367,000.00
Sub-total $702,000.00
Section II
Interior Streets 706,300.00
Storm Drains $386,974.00
Sub-total $1,093,274.00
Section III
Street Lights $76,816.36
Sub-total $76SI5.36
TOTAL I,872,090.36
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 13 of 13