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HomeMy WebLinkAboutContract 37679CITY SECRETARY -� CONTRACT NO. City Project Number 00509 INFORMAL DEVELOPER AGREEMENT TO BE EXECUTED BY DEVELOPERS WISHING TO LET THEIR OWN CONTRACTS FOR CONSTRUCTION OF WATER WASTEWATER FACILITIES FOR (Project Name and Legal Description) Tehama Ridee Phase IV The undersigned DEVELOPER has familiarized himself with the City of Fort Worth's "Policy for the Installation of Community Facilities" governing water and/or wastewater facility installations and fully understands all the provisions, terms and conditions of that policy, and wishes to exercise the option contained in that policy permitting a DEVELOPER to let his own contracts for construction of such water or wastewater facilities. In addition to all other requirements of the City's Policy for the Installation of Community Facilities, the DEVELOPER specifically agrees to follow the procedures set forth below: 1. To employ a construction contractor who is approved by the Director of the Water Department. The requirements for such approval shall include, but not be limited to: a. The Contractor proposed to perform the work hereunder shall be prequalified as a bidder in the same manner that the City Water Department prequalifies bidders for City let contracts. The prequalification requirements for City let Water and Wastewater contracts are as follows: A current financial statement, and acceptable experience record, and an acceptable equipment schedule must be filed with the Director of the Water department at least two weeks prior to the hour for opening bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Proposals submitted by a prospective bidder who has not fulfilled the above requirements shall be returned unopened. Liquid Assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualifications in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be the sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department projects. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. b. The Contractor shall meet the City's requirements for being licensed and bonded to do work in public streets. 2. To require the Contractor to furnish the Water Department performance bond and payment bond in the name of the City and the Developer, and a maintenance bond in the name of the City on forms provided by the City, for 100% of the contract price of the facility, said performance, payment, and maintenance bonds to be furnished to the City before work is commenced. 3. To deposit with the Water Department an amount equal to 10% of the contract price for all facilities to be constructed by the Contractor employed by the DEVELOPER, prior to commencing of any construction work. Said amount shall be for the engineering services to be performed by the DOE Department In-house Design Section, if the Water Department has approved the plans and specifications for the work to be done. In this regard, if the DEVELOPER wishes to employ his own engineers to prepare plans and specifications, he may do so, subject to Revised: April 14; 20081 the requirements of City's Policy for the Installation of Community Facilities (including waiver of all engineering charges) and to the further requirement that: a. Written approval by the Director of the Water Department of the plans and specifications so prepared shall be obtained prior to the employment of any contractor to perform the work contemplated. b. Approved plans and specifications shall be furnished to the Engineering Division of the Water Department prior to a Confirmation of Award of Contract being issued by the Department of Engineering Plan Review Division, 4. To require the Contractor to attend a Pre -Construction Meeting set up by the DOE Head Inspector prior to commencing construction of the facility or facilities so that inspection personnel will be available. 5. To make this agreement, as well as the General Specifications of the Fort Worth Water Department (except as they are modified by the plans and specifications approved by the Director of the Water Department to govern construction of the work) an integral part of any contract with a contractor to construct any or all of the facilities involved. 6. To require the Contractor to allow the construction to be subject to inspection at any and all times by Department of Engineering Construction Inspection forces and not to install any Wastewater or water facility unless an inspector designated by the Director of the DOE is present and gives his consent to proceed. 7. To require the Contractor to pay for such laboratory tests made as the City may require. 8. To secure approval by the Director of the Water Department of any final payments, or if there is City Participation, all partial payments to the Contractor, such approval to pertain only to satisfactory completion of the work for which payment is made and not to constitute approval of the quantities on which payment is based. 9. To delay connection of any buildings to service lines of wastewater and water mains until such wastewater, water mains, and services have been completed to the satisfaction of the Water Department. 10. To furnish simultaneously with the execution of the construction contract let by the Developer, performance and payment (developer) bond in the name of the City of one hundred percent (100%) of the estimated contract cost of the related water and/or wastewater construction, as stated in the construction contract, to guarantee timely payments to the Contractor for completed work and/or to guarantee satisfactory performance of this agreement and substantial completion of the water and sewer facilities to be installed. If the deposit is in the form of cash, the deposit shall be for one hundred twenty five percent (125%) of the estimated developer's share of the cost of the Water and Wastewater facilities. In addition, developer shall pay to the City in cash for the construction inspection fee equal to two percent (2%) and a lab testing fee of two percent (2% for those started after December 14, 2005) of the developer's share of the construction cost of related water and/or wastewater facilities as stated in the construction contract. 11. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds with respect to water and/or wastewater facilities shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and wastewater mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer have been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. 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, his 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 of said DEVELOPER, his contractors, sub -contractors, officers, agents or employees, whether or not such injuries death or are caused in whole or in part by the alleged negljcience of the City of Fort Worth its servants or employees It is expressly understood and agreed by the parties hereto that execution of this agreement does not bind the City of Fort Worth to participate in or contribute to the cost of any of the improvements described herein; nor shall the Revised: April 14, 2008 City of Fort Worth be responsible or liable for any portion of the costs incurred by the developer, its officers, agents, employees, contractors or sub -contractors for the design and construction of the improvements described herein, unless and until the parties hereto execute a Formal Community Facilities Agreement, July authorized by the City Council at a regular meeting, signed by the City Manager, and providing for the City's participation in the costs of said improvements. This agreement pertains to water and/or wastewater facilities required to serve the following described property and project: Tehama Ridge Phase IV ACCEPTED FOR FORT WORTH WATER DEPARTMENT: By: DATE: ACCEPTED AS TO FORM FORT WORTH LEGAL DEP FERNANDO COSTA, ASSISTANT CITY MANAGER DATE: Y A7f or /8 Water Project # P264-607150050983 Sewer Project # P274-707130050983 City Project Number # 00509 DOE # 5353 Related Plat Case # FP-008-015 (If Applicable) (Need 3 copies with original signature on each.) Mail to: Ms. Stephanie Francis, E.I.T. \ .City of Fort Worth e Water Engineering and Planning 1000 Throckmorton Fort Worth, Texas 76102 DEVELOPER: D.R.Horton —Texas, LTD., a Texas Limited Partnership By: D.R. Horton, Inc. a Delaware Corporation its Authorized Agent By: /Lldri E. Alllen, Assistant Secretary DATE: I — l ' ZU 0 8 Contract Amount for Water Improvement $ 150,838.00 (See Attached Exhibit "A for Water Layout and Cost Estimate) Contract Amount for Sewer Improvement $ 274,060.00 (See Attached Exhibit "A-1 for Sewer Layout and Cost Estimate) Related Building Permit # N/A (If Applicable) Marty Hendrix9 rz„ y�y 1�® MSC ftEQUIRhD Revised: April 14, 2008 PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: D.R. HORTON-TEXAS, LTD. DEVELOPER c/o CARTER & BURGESS, INC. PROPOSAL FOR; PROJECT NAME TEHAMA RIDGE PHASE IV -A WATER PROJECT NO. P264-607150050983 SEWER PROJECT NO. 1?274-707130050983 FILE NO.W-1861 X NOV — 18863 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of Water. Sanitm Sewer and Storm Drain Facilities and all necessary appurtenances and incidental work to provide a complete and serviceable project designated IS* TEHAMA RIDGE PHASE IV -A Pursuant to the foregoing 'Notice to Bidders', the undersigned Contract DocumentsBidder, having tliorouglily examined the , including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the General Contract Documents and General specifications for Transportation and Public works Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth, Texas, and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, _if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes. to do the work within the time stated and for the following sums; N:UUi31()13?#4t�pecs5pl3i�:},pj(?1'feitar3in Rid;�e i'huse (V-A10)3iga,QjQ,�.Q()()y (J(Iftl1C5.(I(1C i3 - i S. 6. 7 S>FrC I'"N A - WATER 4.2b0 �Q 5 2 2 'ID 1.S UNIT MEASURE MENT go I ONE Ni, L.F. 0" Water Line Per Linear Foot T eriw+`i ,Dollars & Nu Cents L.F. 6" Water Line for Fire Hydrants Per Linear Foot u ` 64 eve>J Dollars & hil n Cents Ea. 8" Gate Valve Complete with Cast Iron Valve Box and Cover Per Each _Dollars & m n Cents Ea. 6" Gate Valve Complete with Cast Iron Valve Box and Cover Per Each Ea. Standard Fire Hydrant (4'-0" Bury) Per Each a n. $ g�, �[/u.� � l g.�� � '� ��vO.•DO � ��da� i $ �l,a5b•no Cents $ �7501)()$ 1,500.00 SiY•)e,c�.t l�u,arl � _Dollars & _Cents $ I r boo*" Ea. 1 "Copper Service, Including Meter Box Complete in Place Per Each ro ("'I('" Cents $ a Ton Cast Iron Fittings, Furnish and Install, Complete in Place, Including Concrete Blocking Per Ton 4tAmf tA V—VC4._ Dollars & Cents $ 3, 5o0.011 N:1,r()(31013ia-1\specsl4l3�-rq.05o�'i'i��nroa Ridge ('base IV-A1011S4=r.0i0.i.U009 [.)tiliries.doc I3 - 2 PAY UNIT ITEM APPROX. MEASURE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT QUANTITY MENT PRICES WRITTEN IN WORDS PRICE BID SECTION A - WATER $' 4 Ea. Remove Plug and Connect to Existing Per Each Fib tAlDollars & ND Cents $ 500-00 $ Gy,Coot C6 Trench Safety for Water Mains Per Linear Foot Dollars & (J Cents do I �• 1 L.S. Storm aterivianagement Per Lum Sum Fide uuoa s1 Dollars & JJO Cents $ 15006o6 $ 50d• °b TOTAL SECTION A - WATER $ N;'•,if)H1{II�i.(:)�Sp��s1013�q#.450\'('chunia itidgc 1'hsisc 1v.Ait)13i.(q.t}�gi.0009 lttilitics,doc 13 - 3 No. of Size of Type of Fitting Weight Each Fitting Fitting w/Accessories Fitting (Lbs) ! 8., x 84 Tee �,- 8" x 8" Cross 8" 45' Bend /2 r 3 8„ Plug 3 8" x 8" Clean Wye TOTAL: N:V()B\013544\specs\013544,04iO\'1'ellanya Ridge Phase WmA1013544.030.1.0009 thilities.doc B - 4 Total Weight (Lbs) S '0 00 PAY APPROX. UNIT W-- ITEM QUANTITY MEASURE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT MENT PRICES WRITTEN IN WORDS PRICE BID SECTION B - SANITARY SEWER 1 5,=1.18 L.F. F8"SDR-35 PVC Pipe at Various Depths wn on the Plans, Complete in place ear Foot `�WPvr9 r Dollars & No Cents [c.;l T's 11, 71) °a 610 L.F. 8" SDR-26 PVC Pipe with Cement Stabilized Backfill at Various Depths As Shown on the Plans, Complete in place Per Linear Foot ►l Dollars & Alt? Cents 30 21 Ea, 4' Diameter SSMH to 6' Depth with water tight insert, Complete in place ,P-_err Each t--!fzJ e& LJ d +rtci Dollars & lt�r� Cents s)),5004 DO �u1Ut3.Oa 4• 77 V.F. Extra Depth of 4' Diameter SSMH, Beyond 6', Complete in place Per Vertical Foot Q �1 t"ti�[►Dollars & Cents 150,br5 1 Iy"vSO.�U 5• 55 Ea. 4" Sanitary Sewer Service SDR-35, with two-way cleanout, Complete in place Per Each E�ttj u_ C) ra�1 Dollars & N r) Cents 1 i 0 6' U)2 Ea. 4" Sanitary Sewer Service (SDR-26) PVC, with two-way cleanout, Complete in Place Per Each s art_ Lt l,d fP� Dollars & A)Q Cents N.'�It)f31(?13�•[llspecs\01154�[.OSOI["eh;trnit Rid�c Phnsc [V-.g10[3i<I-1.OjU.I.000�) Ulilitics doc B - PAY APPROX. UNIT ITEM QUANTITY MEASURE DESCRIPTION OF ITEMS WITH BID UNIT AM®UNT MENT PRICES WRITTEN IN WORDS PRICE BID 7. 6,028 L.F. Trench Safety Per Linear Foot Dollars & 1� C Cents $ 1 D O $ � � 00 21 Ea. Vacuum Test for Manholes Per Each F:�j F Dollars & ./J 19 Cents $ 5 D •d b O d 96 6X28 L.F. TV Inspection of Sanitary Sewer Per Linear Foot Dollar & Cents $ l D $ 00 I o• �} Ea. Connect to Existing 8" Sewer Line Per Each Dollar & Cents $ ,56)0.0D $ aJ UDU• 00 I 1 • 1 L.S. Storm Water Management Per Lump SLIM tl i (I Peck Dollar & 00 Cents $ 600t $ Ob• a TOTAL, SECTION B - SANITARY SEWER S [ Type PSM PVC (SDR-35) Plastic Sewer Pipe [ J Type PS- PVC Plastic Sewer Pipe [ ] PVC Composite Sewer Pipe N;U()13101;ii�4:a�,sr��s1013i:}:}.(i�41'I'ehania Itidgc Ph;�sc fV-A\Q13��t4.US0.I,U009 IJti�i�ies.doc B - fi I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. I (Initials) Addendum No. ? 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