HomeMy WebLinkAboutContract 40897COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 4mossi
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 Tai7•ant, Denton, Parker, and Wise Counties, Texas, hereinafter
called "City", to do certain work in connection with said improvements.
Developer Information:
Developer Company Name: GL Development Corporation
Authorized Signatory: Beau Brooks
Title: Assistant Vice -President
Name:. Chadwick Farms Section 5, Phase I
Project Location: East of Cleveland -Gibbs Road &Sweet Pine Lane
Additional Streets: N/A
Plat Case No.: FP-010-009 Plat Name: Chadwick Farms
Mapsco: 643Z Council District: 2 City Project No: 00715
To be completed by tn�f
Received by: Date: � / 1
OFFICIAL RECORD
CFA: 2010-028 DOE: 5617 CITY SECRETARY
FT4 WORTH, TX
1
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 worlonanlilce 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 (A) X
Sewer (A-1) X Paving (B) X Storm Drain (B-1) X Street
Lights & Signs (C) XV
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 Sept 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 die infastucture 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 contact
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 contactor to give 48 hours notice to the City's
Construction Services Division of intent to commence constriction so
that City inspection personnel will be available; and to require the
contractor to allow the constriction 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 fully 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 comlections 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.
I 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 crn7ient and future improvements provided for by this
Agreement.
L. The Developer further covenants and agrees to, and by these presents does
hereby, fiilly 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, r>>hether or not such injuries, death or dantazes are
caused, in )Mole ot• in part, by the alleged negligence of the Cith of.
Combined CFA final Sept 12, 2008 4
Fort Worth, its officers, servants, or employees.
& 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, 1*
17
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 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 contactor along with an assignment of all warranties given by the
contractor, whether express or implied. Further, Developer agrees that all
contacts with any contactor shall include provisions granting to the City
the right to enforce such contacts as an express intended third party
beneficiary of such contacts.
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
contact.
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 constriction cost as stated in the
construction contract.
ivI Developer shall pay ili 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 comm�nlity 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 fiinds
and approval by the Fort Worth City Council.
ii. Nothing contained herein is intended to limit the Developer's
obligations under the Policy, this Agreement, its financial guarantee,
its agreement with its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for
this Agreement to cause the completion of the construction of the
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 constriction 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.
Combined CFA final Sept 12, 2008 6
Cost Summary Sheet
Project Name: Chadwick_ Faniis Section 5, Phase I
CFA No.: 2010-028
DOE No.: 5617
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
a. Water Construction
2. Sewer Construction
a. Water and Sewer Construction Total
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights - Installed by Developer
TPIN Construction Cost Sub -Total
Total Construction Cost (excluding the tees):
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°0)
F. TPW Material Testing (2%)
G. Street Light Inspsection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
Financial Guarantee Ootions. choose one
Developer's Cost
$ 60,826.25
$ 33,478.50
$ 94,304.75
$ 177,676.50
$ 917528,00
$ 34,012,00
$ 269,204.50
$ 363,509.25
$ 1,886.10
$ 1,886.10
$ 3,772.19
$ 10,768.18
$ 5,384.09
$ 1,360.48
980.00
$ 18,492.75
$ 22,264.94
Choice
Amount (ck one)
Bond = 100%
$ 363,509.25
Completion Agreement = 100% /Holds Plat
$ 363,509.25
Cash Escrow Water/Sanitary Sewer= 125%
$ 117,880.94
Cash Escrow Paving/Storm Drain r= 125%
$ 336,505.63
Letter of Credit = 125% w/2 r expiration period
$ 4542386.56
7
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed Al 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
executes� cd this instrument in quadruplicate, at Fort Worth, Texas this day
, 20 1 0
CITY OF FORT WORTH -Recommended by:
Water Department
Wendy Chi-$'�bulal, EMI�A, P.E.
Development Engineering Manager
Appro>>ed crs jo Form &Legality:
Array J. Rati�se
Assistant City
ATTEST:
Marty Hendrix
City Secretary
ATTEST
Signature
(Print) Name:
& Public Works Department
Di
Appro>>ed by City A�ancrger's Office
Fernando Costa
Assistant City Manager
1 � S � NO M&C R�QUIRi;D
GL Development Corporation
Signature
Print Name: Beau Brooks
Title: Assistant Vice -President
OFFICIAL RAC®f�D
CITY S�C�ETAR'Y
FT. WORTH, TX
Combined CFA final Sept 12, 2008 8
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Location Map
® Exhibit A: Water Improvements
® Water Estimate
® Exhibit A-1: Sewer Improvements
® Sewer Estimate
® Exhibit B: Paving Improvements
® Paving Estimate
® Exhibit B-1: Stone Drain Improvements
® Storm Drain Estimate
® Exhibit C: Street Lights and Signs Improvements
® Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
Z
0
0
s
i
Ln
0
N
NORTHLAKE CITY LIMIT
WE - - - -
S
5
114 P
G
I
I
Ir
35W
NORTHLAKE T.J.
CITY OF
FORT WORT F
O
Y /N (i 0
Cemelery
N I
N
F
O
f1 �
A SITE
CATION
o �
LITSEY ROAD
N.T.S.
� 1..1.4 If J 'y ]F'1Bl � c l � RLOCATEDIN
CITY OO F FORT ��"OO RTH. TE��.S
OPviVE%?/DEV�IAPEO �Y:
GL DEVELOPMENT COPRORATION
15950 NORTH DALLAS PARKWAY, SUITE 600
DALLAS, TEXAS 75248
PHONE (972)387-6054
.\kyl2log I I igI_I ..
QQlcIIoIQQ;I*j= Imam .:
2405 Mustang Drive, Grapevine, Texas 76057
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
o �
o �
l}L n
J 7N Q N
� U m
o w 1 ~
In
U c
tll w a - my w > rn
a I w z am
u z ) Z a
z W a J g ��
Z fn u o Q a m m
a N W S W > '�a f=1 N p m
3 a � � a ® w am
3 a a ® z
N
O U) z W O Z w
O O H ���/// J a
O to O O
a w a 41
t I x
Z
W
W _
J
ter"
i
,) 2
foe
of
�
-
�for
, ogi -
of or
to If f
of free
/ m �� m ,\\ >�of
i or
\ \Y 6� -g \ of
o s
�� n m s
/y / \ r y O
of of to
.\ n
` ' \`•it
moo \ i � 1� ` °fee
0
N
Q
N
L
d
I
0
0
0
o
�
0
0
W
w
J
a
u
�
a
l'J
0
CC
af<O}Jnn zQZZJao
QZo
oom>a�0
rm�
Q
cr
LI: owLij Wm N
Z
IL
w �w IL`)}(r)
c � Lo
a wZ
L W
U)Ox (r x
w a w
N
a
/
w
o wiz
a m—W CO
0 o
QO0>O n OD
o Y F- d '�tm
JCJ - w
Lll a ��� WIZ aav S 0
> K7 m N
Z (n IN �i 0W �zNC
> (L' 2 m
d N Z CO
� Ua ���y) /�i 0 O
llJ N O ( �f O 43
m
® s wi
C3 0 0 W cq rg
o J �U p0 Z—z,
O M z 2
a Q j N
o g
� N
/Nit
\, w „
tz
N
n At
/
\ /
/ IN /
NN h
IN, NNIN%N PI
' \\
AIt tA
l
Al NI-IIII - Al s r"
IIIINN
IN At
AN
ro m - O
IN
t Art
i At / \ to' fro n f' „ Al
ZI IN NI IS, Al
/ Al \_ \
/ /\ ` \
A IN
NIN
CIA
\ ���\ \ �— -- ----- b
\ \ IN
IN
\\\�
_ \
WZ �
0
N
Q
N
a
I
�n�
0
0
0
o
cn
N
W
z_
J
z
o
a
W
w
p
J
cc
U
G
N
Z U)
F-
d
N
(n
a
�
p
>
z
W
cwi)
W
n
J
O
K
n
W
J
Z
0
W
0
o
(jo
o
ip
e
I
!■■
W O
W o
Z N 0 CC
= N Z
a W
W
� J �
cQ
o
O � �
� Z
U v Q O
v c �
0
n
CONATSER
ONS I RUC DON I Xo LoPe
5327 Wichita Street • P.O. Box 15448 9 Fort Worth, Texas 76119
March 9, 2010
Jason S. Weaver
GOODWIN & MARSHALL
2405 Mustang Drive
Grapevine, Texas 76051
Jason,
Please accept that attached bid for Chadwick Farms, Section Five. Feel free to call me if you
have any questions.
Respectfully Submitted,
CONATSER CONSTRUCTION TX, LP
�0erry Conatser
President
(817) 534-1743 •Fax (817) 534-4556
www. conatserconstruction. com
OFFICi�1L RECpRD
CITY SICRIrTAR°f
WORTH, TX
03/09/20160 7:25
100309A CHADWICK FARMS SEC 5
*** Jerry Conatser BID TOTALS
Biditem Description Quantity Units Unit Price Bid Total
10 6" CONCRETE PAVEMENT 6,111.000 SY 23.50 143,608.50
20 LIME STABILIZED SUBGRADE 63474,000 SY 2.00 12,948.00
30 HYD LIME @ 36LB/SY 1040000 TN 150.00 15,600.00
40 BARRIER FREE RAMPS 4.000 EA 850.00 33400,00
50 CONN TO EXISTING 58.000 LF 10.00 580.00
60 4' WIDE CONC SDWLK 80.000 LF 12.00 960.00
70 CONC HEADER & BARRICADE 29.000 LF 20.00 580.00
PAVING SUBTOTAL: $177,676.50
200
VERIFY.REGRADE ROUGH CUT STREETS
1.000
LS
2,000.00
2>000,00
210
FINAL PAD GRADING
39.000
EA
300.00
113700.00
220
EROSION CONTROL
1.000
LS
41500.00
42500,00
GRADING SUBTOTAL: $18,200.00
400 8" DR14 C900 PVC 1,575.000 LF 19.00 29,925.00
410 8" GTE VLVE & BX 5.000 EA 850.00 4,250.00
420 STD FIRE HYD W/6" GTE VLVE & BX 2.000 EA 2,600.00 53200000
430 CIRT FITTINGS 0.600 TN 35000,00 1,800.00
440 TRENCH SAFETY 1,575.000 LF 0.10 157.50
450 TEST WATER WORK 125754000 LF 0.25 393.75
460 WATER SERVICES - 39.000 EA 400.00 152600000
470 CONK TO EXISTING 2.000 EA 300.00 600.00
480 CONCRETE 5.000 CY 10.00 50.00
490 1.5" IRRIG SRV W/METER 3.000 EA 950.00 22850.00
WATER SUBTOTAL: $60,826:25
600 8" SRD35 PVC 581.000 LF 25.00 14,525.00
610 8" SDR 26PVC 52.000 LF 28.00 1,456.00
620 4" SDR 35 SWR SRV 12.000 EA 500.00 61000000
630 4' SDR 36 SWR SRV 5.000 EA 525.00 23625.00
640 STD 4' DIA MH 2.000 EA 23200.00 43400.00
650 EXTRA DEPTH MH 6.000 VF 150.00 900.00
660 TRENCH SAFETY 633,000 LF 1.00 633.00
670 TV SS LINE 633.000 LF 1.50 949.50
680 CONN TO EX SWR 2.000 EA 300.00 600.00
690 CEMENT STAB B-FILL 52.000 LF 20.00 1,040.00
700 CONCRETE 5.000 j 50.00
710 CLAY DAM 1.000 OPICIAL MORO 300.00
nr
SANITARY SEWER SUBTOTAL: FT: WCRTI TX $ 3,478.50
0v09/z010 7:25
100309A CHADWICK FARMS SEC 5
*** Jerry Conatser BID TOTALS
Biditem Description QuantiLl Units Unit Price Bid Total
900 10' CURB INLET 4.000 EA 27100000 8,400.00
910 15' CURB INLET 2.000 EA 200.00 52600.00
920 STD 4' X 4` SD MH 1.000 EA 13600000 1,600.00
930 42" RCP 221.000 LF 105.00 23,205.00
940 36" RCP 95.000 LF 85.00 8,075.00
950 30" RCP 236.000 LF 70.00 163520.00
960 27" RCP 29.000 LF 60.00 11740000
970 24" RCP 35.000 LF 55.00 1,925.00
980 21" RCP 103.000 LF 50.00 5;150.00
990 42" SLOPED END HDWALL 1.000 EA 2,000.00 22000.00
1000 Y X 5' JUNC BOX W/ ACCESS RISER 1.000 EA 400.00 4,000.00
1010 4' X 4' 7UNC BOX 2.000 EA 2,500.00 57000.00
1020 GABION MATTRESS 55.000 SY 125.00 6,875.00
1030 TRENCH SAFETY 719.000 LF 2.00 13438,00
STORM DRAIN SUBTOTAL: $91,528.00
Bid Total > $381,709.25
* *Notes:
Items in italics are Non -Additive.
ENGINEER'S OPINION OF PROBABLE COST
Date: 6/21/10 Project: Chadwick Farms -Section 5, Phase 1 Client: Grand Homes
Job No: 10404 Location: Fort Worth, Texas Page: 1 of 1
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
1. Street Light (Incl. Pole, Base, etc.)
2. 2" Conduit w/ Wiring
3. Hand Holes
Street Lighting
10% Contingency
Street Lighting
Street Lighting
Ea. 6 $3,500.00
L.F. 1,040 $8.00
Ea. 2 $800.00
$21,000.00
$8,320.00
$1,600000
$30,920.00
$3,092.00
$34,012.00
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
I
urnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.