HomeMy WebLinkAboutContract 39580COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. v
WHEREAS, the undersigned "Developer" desires to make certain improvements (refer
to the name of the project at the bottom of the page) an addition to the City of Fort Worth,
Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, ahome-rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter
called "City", to do certain work in connection with said improvements.
Developer Information:
Developer Company Naine: XTO Energy, Inc.
Authorized Signatory: Joy Webster
Title: Vice President ,Facilities
Project Name: Meacham B Drill Pad 18" Sewer Improvements
Project Location: West side of Meacham International along Cement Creek
Additional Streets: N/A
Plat Case No.: NIA
Mapsco: 48W
To be completed
Received by: �,
CFA: 2009-053
Plat Name: N/A
Council District: 2
DOE: 6273
City Project No: 01398
OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
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 and
subsequently amended from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement ("CFA") 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 infrastructure. Developer further acknowledges
that said process requires the contractor to submit an Affidavit of Bills
paid signed by its contractor and Consent of Surety signed by its surety
to ensure the contractor has paid the sub -contractor and suppliers in full.
Additionally, the contractor will provide in writing that the contractor
has been paid in full 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 are made a part hereof: Water (AZ!
Sewer (A-1) X� Paving (B) Storm Drain (B4) _, Street Lights
& Signs (C) _.
E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
Combined CFA final Scpt 12, 2008 2
F. For all infrastructure 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
insured, licensed and bonded to do work in public streets and/or
prequalified to perform water/waste water 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 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.
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 ACORD
Certificate of Insurance supplied by the contractor's insurance provider
and bound in the construction contract book.
iv. To require its contractor to give 48 hours notice to the City's
Construction Services Division of intent to commence construction so
that City inspection personnel will be available; and to require the
contractor to allow the construction to be subject to inspection at any
and all times by City inspection forces, and not to 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 frilly executed contract documents
submitted to the City to schedule a Pre -Construction Meeting. The
3
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 until said sewer and water
mains and service lines have been completed to the satisfaction of the
Water Department,
G. Developer agrees to provide, at its expense, all engineering drawings and
documents necessary to construct the improvements required by 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.
I. City shall not be responsible for 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.
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, 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 injuries, death or damages are
caused, in whole or in part, by the alleged neklizei:ce of the City of
Combined CFA Cnal Sept 12, 2008 4
Fort Worth, its oUicers, servants, or employees.
M. Developer will further require its contractors to indemnify, defend and
hold harmless 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 allezed neelizence 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 and shall cause to be executed and delivered to the City an
indemnity agreement from such contractors on a form to be promulgated
by the City.
N. Upon completion of all work associated with the construction of the
infrastructure and 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.
5
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. The City's obligation to participate (exclusive of front foot charges) in
the cost of the community facilities shall terminate if the facilities are
not completed within two (2) years; provided, however, if construction
of the community facilities has started within the two year period, the
developer may request that the CFA be extended for one year. If the
community facilities are not completed within such extension period,
there will be no further obligation of the City to participate. City
participation in a CFA shall be subject to the availability of City funds
and approval by the Fort Worth City Council.
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
community facilities if at the end of two (2) years from the date of this
Agreement the community facilities 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 community facilities or to cause
the payment of costs for 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.
Combine) CFA final Sept t2, 2008 6
Cost Summary Sheet
Project Name: Meacham B Drill Pad IS" Sewer Improvements
CFA No.: 2009-053 DOE No.: 6273
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
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Cost Sub -Total
B. TPW Construction
1. Street
2. Storm Drain
TPW Construction Cost Sub -Total
Total Construction Cost (excluding the fees):
Construction Fees:
C.
Water/Sewer
Inspection Fee (2%)
D.
Water/Sewer
Material Testing
Fee (2%)
Sub -Total for Water Construction Fees
E. TPW Inspection Fee (4%)
F. TPW Material Testing (2%)
G. Street Light Inspsection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
Developer's Cost
$ 170,486,00
$ 170,486,00
$ 170,486.00
$ 3,409.72
$ 3,409.72
$ 6,819.44
Choice
Amount (ck one)
Bond = 100%
$
170,486.00
Com
letion A reement = 100% /Holds Plat
$
170,486.00
Cash
Escrow Water/Sanitary Sewer= 125%
$
213,107.50
Cash
Escrow Paving/Storm Drain r= 125%
$
Letter
of Credit = 125% w/2 r expiration period
$
213,107,50
7
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested
by its City Secretary, with the corporate seal of the City affixed, and said Developer has
executed this instrument in quadruplic(a�tte, at Fort Worth, Texas this t� day
of , 2001 .
CITY OF FORT WORTH - Recoum:ended by:
Water Department
Wendy
EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legalit}:
ATTEST:
City Secretary
ATTEST
Signature
(Print) Name:
Combined CFA final Sept I2, 2008
t3
Transportation &Public Works Department
William A. Verkest, P.E.
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
XTO Energy, Inc.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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FART B - PROPOSAL
DEVELOPER AWARDED CONTRACTS.
This proposal nlust nOt be removed from this book of Contract Documents.
TO: XTO Energy, .Inc.
c/o Jacobs.Engineering
PROPOSAL FOR:
WATER PROJECT NO
FILE NO,
X NO..
Sanitary.:Sewer Realignment:I�rlprovements for.Meacham B Drill Pad .,
P275-702140139883
01398
21078
Includes the furnishing of all materials, except materials speeiiied fo be furnished by the City, equipment
and labor for the installation of Sewer Improvements and all necessary appurtenances and incidental
work to provide a.complete and serviceable project designated as:
Sanitary Sewer.Realgnment Improvements for MeacHam B Drill Pad
(project name)
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the
Contract Documents, including plans, special contract documents, atid .the General Contract Documents
and General -Specifications for Water Department Projects, the General Contract Documents and Generat
specifications for Transportation and Public works Projects, the site of the project and understanding the
amount of work to be done, and the prevai ing conditions, hereby proposes to _do all the work, furnish all
labor,- equipment and material except as sp cified to be furnished by the City, which is necessary to fully
complete thework as provided in the Pla s 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:UOB\016100\Spec\016100.003.Sewerline.doc B-1 Updated O5/16/2005
UNIT I: SEWER
(Fumish and install, including all appurtenant work, complete in place, the following items)
(D-No. refers to related items in'the Part D1 Special Conditions)
Item
Approx.
Unit
Item Description
Unit
Total
No.
Quantity
Measure
'D" Item reference
Price
Amount
ment
UNIT I: SEWER
1.
182
L:F.
21 PVC. SDR-35
Per Linear Foot
Eighty Six bollars &
No Cents
$ 86.00
$ 155652400
2.
854
L.F.
18 PVC SDR-35
Per Linear Foot
Seventy Eight Dollars &
No Cents
$ 78.00
$ 663612.00
3.
2
Ea.
4' Standard Diameter Manhole with
Water Tight Bolt -Down Cover
Per Each
Five Thousand
Five Hundred Dollars &
No Cents
$ 5,500.:00
$ I L000.00
4.
1
Ea.
4' Modified Standard Diameter
Manhole with Water Tight Inserts,
Per Each
Sixteen Thousand- .
Two Hundred Dollars &
No Cents
$ 16,200.00
$ 16,200.00
5.
1
Ea.
4' Modified Standard Diameter
Manhole with Water Tight Bolt -Down
Cover,
Per Each
Sixteen Thousand
Three.Hundred . Dollars &
No Cents
$ 16,300.00
$ 16,300.00.
6.
2
Ea:
_Remove Existing Manhole
Per Each
One Thousand
Five Hundred Dollars &
No Cents
$ L500.00
$ 300.00
N:UOB\016100\Spec\016i00.003:Sewerline.doc B-2 Updated OS/i6/2005
Item
Approx.
Unit
Item Description
Unit
Total
No.
Quantity
Measure
"D" Item reference
Price
Amount
merit
UNIT I: SEWER
7.
2
Ea.
Connect to Existing Sanitary Sewer,
Per Each
Three Thousand
Five Hundred Dollars &
No. Cents
$ 3,500000
$ 75000.00
8.
1303-6
L.F.
Fill Abandoned Sanitary Sewer Pipe
with Flowable Fill
P.er Linear Foot
Twelve Dollars &
No Cents
$ 12.00
$ 125432,00
9.
I
L.S.
Mobilization.
Per Lump Sum
Five Thousand . Dollars &
No Cents
$ 5,000.00
$ 5,000.00
10.
L036
LR
Trench. Safety
Per Linear Foot
One Dollars &
No Cents
$.1.00
$ L036.00
1.1..
L036
L.F.
Post Construction TV Inspection
Per Linear Foot
One Dollars &
Fifty Cents
_$ 1:50
$ 13554200
12.
4
Ea.
Vacuum Test
Per Each
One Hundred Fifty ,. Dollars. &
No Cents
$ 150.00
$ 600.00
13.
1
L.S.
Erosion Control
Per. Lump Sum
Eight Thousand
Five Hundred. Dollars &
'No Cents
$ 8;500.00
$ 8,500.00
N:UOB\016100\Spec\016100.003.Sewerline.doc B-3 Updated 05/16/2005
Item
Approx.
Unit
Item- Description
Unit
Total
No.
Quantity
Measure
"D" Item reference
Price
Amount
ment
UNIT I: SEWER
14.
2
AC.
Clearing and Grubbing
Per Acre
Two. Thousand
Eight Hundred Dollars &
No Cents
$ 2,800.00
$ 5;600.00
TOTAL AMOUNT BID SEWER
$ 170648,6800
N:UOB\016100\Spec\016100:003,Sewerline:doc B-4 Updated 05/16/2005
PART B - PROPOSAL (Cont.)
After .acceptance of this Proposal, the undersigned ;will execute the formal contract and will deliver an
approved Surety Bond and such other bonds as: required by the Contract Documents, for the faithful
performance of the Contract. The attached bid security, if required is to become the property of the
Developer.
The undersigned :bidder certified that he has. obtained at least one set of the General Contract Documents
and General Specifications for Water Department Projects dated January 1, 1978,, and that he has read
and thoroughly .understands all the requirements and conditions of those General Documents and the
specific Contract Documents and appurtenant plans.
The successful bidder -shall be required to: perform the work, in accord with the following
publications, both of which are incorporated herein and made a part hereof for all purposes:
1. The General Contract Documents and General Specifications for Water Department
Projects dated January 1,1978, which_ may be purchased from the Water Department.
2. The Standard Specifications. for Street and Storm Drain Construction which may be
purchased from the Department of Transportation & Public Works.
The undersigned assures that its employees and applicants for employment and. those of any labor
organization, subcontractors, or:employrnent agency in either furnishing or referring employee applicants
to the undersigned are not discriminated against as prohibited by the terms of City Ordinance. No. 7278 as
amended by City Ordinance No. 7400,
The Bidder agrees: to begin construction within 10 calendar days after: issue of the work order, and
to complete the,contractwithin. 20 working days after beginning construction as set forth in the
written work order to. be furnished by the Owner.
.(Complete A or B below, as applicable:)
0. A. The principal place of business of our company is in the State of
Nonresident bidders in the State. of ,our principal
place of business, are required :to be percent lower than resident bidders
by state law. A copy of the statute is attached.
Non resident. bidders in the State.of , :our principal
place of business; are not required to underbid resident bidders.
B. The principal place of business of our company or our parent company or
majority owner is.in the State of Texas:
N:UOB\016100\Spec\016100.003.Sewerline.doc B-5 Updated OS/16/2005
W
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. 1 (Initials)
Add6nduin No. Z. (Initials)
(Seal)
Date: October 15, 2009
Addendum No. 3 (Initials)
Addendum No. 4 (Initials)
Respectfully submitted,
Mario Sinacola & Sons Excavating, Inc.
By:
1 A. Sinacola
Title:
Vis.�President
Address:
Telephoner (214) 387-3900
N:UOB\O] 6100\Spec\016100.003.Sewerline.doc
B-6 Updated OS/16/2005