HomeMy WebLinkAboutContract 37722 (2)City Project Number # 00726
INFORMAL DEVELOPER AGREEMENT
TO BE EXECUTED BY
DEVELOPERS WISHING TO LET THEIR OWN CONTRACTS
FOR CONSTRUCTION OF WATER AND/OR
WASTEWATER FACILITIES FOR
(Project Name and Legal i �l(ECRETARIrr
°.,ONTRACT NO
Description) Chadwick Farms - Section 6
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 an 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
CITY SECR ARY
FT. WORTH, TX
Revised: February 18, 2008
so, subject to 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 misconduct of said DEVELOPER, his contractors, sub -contractors, officers, agents or
employees, whether or not such iniuries, 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.
Revised: February 18, 2008
i
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 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, duly 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:
Chadwick Farms —Section C
ACCEPTED FOR FORT WORTH
WATER DEPARTMENT:
By: h
DATE:
ACCEPTED A,S�TjO FORM
FORT WORTH L/Fr�AI rig
FERNANDO COSTA, ASSISTANT CITY MANAGE
DATE: 1401 Aw
W IF
DEVELOPER:
(print developer entity)
Kimball Hill Homes Chadwick Farms, L.P.,
a Texas limited partnership,
successor�•by merger to
Kimball Hill Homes Dallas, L.P.,
a Texas ljqited partnership
Jeff Kullman, Division President
(print name and title)
DATE: Gd
FFFFFFFFF
Water Project # P 264-602150072683 Contract Amount for Water Improvement $ 183, 616.37
(See Attached Exhibit "A" for Water Layout and Cost Estimate)
Sewer Project # P274 702130072683 Contract Amount for Sewer Improvement $106, 217.42
(See Attached Exhibit "A-1"for Sewer Layout and Cost Estimate)
City Project Number # 00726
DOE # 5633
Related Plat Case # �-07-018 Related Building Permit #
(If Applicable) (If Applicable)
(Need 3 copies with original signature on each.)
Mail to: Ms. Stephanie Francis, E.I.T.
City of Fort Worth
Water Engineering and Planning ' • FNQ �JZIRED
1000 Throckmorton
Fort Worth Texas 76102 ,
CITY SECRETARY 1 Revised: February 18, 2008
N�I� ���itd�ti Secretary
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CITY OO F FORT I I'OO RTH. TEX.aS
Kimball Hill Homes
DALLAS DIVISION
3010 LBJ FREEWAY, STE. 1100
DALLAS, TEXAS 75234
Phone (972 1 481-2200
2405 Mustang Drive, Grapevine, Texas 76051
Metro (817) 329-4373
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Project : CHADWiCK FARMS PHASE B
Owner: Kimball Hill Homes
Location : Ft. Worth, Texas
Date : July 21, 2008
We propose to provide equipment, labor and material to perform the following operations.
Our proposal is to Include these items as specifically listed, all other work items or materials are excluded.
Quantities are approximate and based on our interpretation of the plans, invoicing and final contract price
to be determined by measured installed quantity. This quote is void after thirty days from proposal date.
This proposal is based on the civil drawings prepared by Goodwin & Marshall dated April 10, 2007.
Water
;.�}�t�flt`aIi3�ii , "
sZ93T1,
..
•'''�t�..� �•
. '�it[�.f� ..
1
8" DRA4
PVC Water Main
4,806
LF
$ 15.17
$ 72,907.02
2
8" Gate Valve & Box
9
EA
$
902.68
$ 8/124912
3
Fire Hydrant Assembly
7
EA
$ 21773014
$ 19,411698
4
1" Copper Water Service
154
EA
$ 446.37
$ 68,740.98
6
Cast Iron Fittings
1.8
TN
$ 41267,04
$ 7,662.67
7
Connect to Existing Stub -Out
6
1 EA
1 $
300.00
1
$ 1,800.00
8
Concrete
5
CY
$ 82.50
$ 412.50
9
Trench Safety
4,606
LF
$ 0.20
$ 961.20
10
Water Testing
41806
LF
1 $ 0.15
is
720.90
5untotai ror Water; $ iau,ry I.sr
Catiitan� �AWAr
8" SDR-35 PVC Sewer Main
21600
LF
$ 15.25
$ 39,650.00
1
2
8" SDR-26 PVC Sewer Main
204
LF
$ 16.17
$ 3,298.68
3
4' Diameter Manhole
9
EA
$ 1,892.55
$ 17,032.95
4
Extra Vertical Depth for 4' Diameter Manhole
17
EA
N/C
N/C
5
4" SDR-26 PVC Sewer Service
57
EA
$ 381.32
$ 21,735.24
6
4'{ SDR-35 PVC Sewer Service
45
EA
$ 358.37
$ 16,126.65
7
Connect to Existing Sewer Main
2
EA
$ 300.00
$ 600.00
8
Trench Safety
20804
LF
$ 0.35
$ 981A0
9
Sewer Testing
2,804
LF
$ 1.25
$ 3,505.00
10
Concrete
5
CY
I $ 82.50
$ 412.50
SubtOtHt For sanitary sewer : $ 903,341.4t
6831 Ash Street -Frisco, TX 75034 Office 972 335-4510 Fax 972 712-0971
Srnrm main
tic�tiE` .
:..... A#�cri ri€kt .. ........:. ..
1�uatf►f..
. Uttrt Prue
:: ���extti�
1
20' Std Curb Inlet
2
EA
$ 3,600.00
$ 7,200.00
2
15' Std Curb Inlet
2
EA
$ 3,190.00
$ 67380.00
3
27" CLIII RCP
406
LF
$ 43.15
$ 17,518690
4
21" CLI I l RCP
30
LF
$ 34.43
$ 1,032.90
5
Connect to Existing 27" & Remove HW
1
EA
$ 500.00
$ 500.00
6
13' x 3' Strom Manhole
1
EA
$ 2,200.00
$ 2,200.00
7
JTrench Safety
I 438
LF
$ 0,20
$ 87.20
Subtotal For Storm Drain :34,8'tB.vU
Bonds
i F.W. P & P Bonds w/ 2nd yr 100% Maintenance 1 LS 1 $ 8.625.00 $ 8,625.00
This nroaosal daes rat Include the foliowinta kerns
- Inspection Fees
Permits
- Impact, Tap Or Connection Fees
- Construction Staking or Surveying
- Engineering Control
Water Meters
- Electrical Conduit Or Work
- Landscaping
Tree Removal Or Replacement
- Right-0f-Way Clearing
- Hydromulch, Seed Or Sod
Grand Total : $ 327,627.79
- Construction Materials Testing
- Traffic Control Plans
- Adjustment Of Existing Utilities
- Removal Or Replacement Of Paving
- Erosion Control
- Staom Water Management Plans
- Import Of Select Material For Backfill
- Offslte Export Of Spoils
-Process Or Compaction Of Spoils
- Final Adjustment In Paving Areas
W e will require 23 working days for substantial completion and 7 working days for final completion.
Respectfully Submitted,
Rich Elliott
Rodman Utilities
469-576-3493
6831 Ash Street -Frisco, TX 75034 Office 972 335-451 Q Fax 972 712-Q971