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HomeMy WebLinkAboutContract 40592COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. s 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 Name: D.R. Horton Texas, Ltd. Authorized Signatory: Don E. Allen Title: Assistant Name: Santa Fe Enclave Phase IIC Location: West side of I-35W between Basswood Blvd. &Western Center Blvd. Additional Streets: N/A Plat Case No.: FP005-122 Plat Name: Santa Fe Enclave Mapsco: 35T Council District: 2 City Project No: 01428 To be completed Received staff , CFA: 2010-033 DOE: 6346 ®FFICIA�. RECORa CITY SECRETARY T. WORTH, TX t N 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 (Alff� 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 Sept 12, 2008 2 F. For all infrastructure included in this Agreement for which the Developer awards construction cont•act(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 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 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. I1. 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 fiotn 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 rlaniages are caused, in whole or in part, by the alle;;ed negligence of the City of Combined CFA final Sept 12, 2008 4 Fort Worth, its officers, servants, of 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 alleged negligence of the Cky 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. s 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. hTothing 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. 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. 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. Combined CFA final Sept 12, 2008 Cost Summary Sheet Project Name: Santa Fe Enclave Phase IIC CFA No.: 2010-033 DOE No.: 6346 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 a. Water Construction $ 779770,25 2. Sewer Construction $ 57,256.50 a. Water and Sewer Construction Total $ 135,026.75 B. TPW Construction 1. Street $ 2. Storm Drain $ TPIN Construction Cost Sub -Total $ Total Construction Cost (excluding the fees): $ 135,026.75 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 2,700.54 D. Water/Sewer Material Testing Fee (2%) $ 2,700.54 Sub -Total for Water Construction Fees $ 5,401.07 E. TPW Inspection Fee (4%) $ - F. TPW Material Testing (2%) $ - G. Street Light Inspection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees $ Total Construction Fees: $ 59401.07 Choice Financial Guarantee Opfions, choose one Amount (ck one) Bond = 100% $ 135,026.75 X Com letion A reement = 100% /Holds Plat $ 135,026.75 Cash Escrow Water/Sanitary Sewer= 125% $ 168,783.44 Cash Escrow Paving/Storm Drain r= 125% $ - Letter of Credit = 125% w/2 r expiration period $ 168,783,44 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 Duy} /oper has execut this instrument in quadruplicate, at Foil Worth, Texas this o�(fnti% day of , 20_L. CITY OF FORT WORTH -Recommended by: Water Deparhnent Transportation &Public Works Department Wendy Chf- abulal, EMBA, P.E. William A. Verkest, P.E. Development Engineering Manager Approved as to Form & . Ramsey mt City Attorney ATTEST: Marty Hendrix OJ City Secretary ATTEST Signature (Print) Name: Director Approved by City Manager 's Offrce Fernando Costa Assistant City Manager r D.R. Horton -Texas, Ltd. Signature Print Name: Don E. Allen Title: Assistant Secretary OFFtCIAi, RECQRC CITY SECRETARY T. WORTH, TX Combined CFA final Sept 12, 2008 0 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 13-1: Storm Drain Improvements ❑ Storm Drain Estimate ❑ Exhibit C: Street Lights and Signs Improvements ❑ Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) U o z _ w a z O w o w Z o 0 ztu-r z w 7 01L2 =o ;�oFZ ty a. LU L11 � a Q z M5£HI ol �l JO m Uco U 5ti/ Z VC p Cie CL O w LLM ri �Oa a adod Nno 3ma ° 0 Z D i U Qz4 m W •z W v� W Fo~ W � (1a mN U �FZZ o � I I INC .� (n LD cn w o w F--- O J Q M z U u Lw O h- -ZZDD Z w w w O Q�Ln J w Q - a Ln 3: O O In a� N d. w wl Oz= 0� - F- OL -1 O I- Z z w w a t-- w — J c) J Q } J Q } > S O w w w d w w w i t- D� t a a - LL Q Q — 3: O Li O In d d Ln Ln to — O O O C� x x x - CL w w w J M Li O M W Q d � x O N O N u O u m O O q �TFME � N u O U O 1 o� m 0 0 N Q Q O W Q 0 Q 0 W m z W z f-- PART B - PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal USE not be removed from this book of Contract Documents. TO: D. R. Horton -Texas, Ltd. PROPOSAL FOR: WATER PROJECT NO. SEWER PROJECT NO, DOE NO. CITY PROJECT NO. Public Water &Sanitary Sewer Facilities for Santa Fe Enclave Phase 2C P265-602150142883 P275-702130142883 5346 IRM Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of Public Water & Sanitary Sewer Facilities for Santa Fe Enclave Phase 2C and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as, Public Water &Sanitary Sewer Facilities far Santa Fe Enclave Phase 2C (project name) Pursuant to the foregoing `Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, 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 Band, 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: G:VOBt0138051ES7\Spec Books101380i.020 Public Water and SS 2C.doc Updated 10/7/2009 UNIT 1: WATER (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) Item Approx. Unit Item Description Unit Total No. Quantity Measure "D" Item reference Price Amount ment UNIT I: WATER 1. 1,871 L.F. 8" DR44 PVC Water Main*, Complete in Place Per Linear Foot Seventeen Dollars & Sixty Cents $17.60 $32,929.60 2. 6 Ea. 8" Gate Valve Complete with Cast Iron Valve Box and Cover Per Each Eight Hundred Ninety Dollars & Zero Cents $890.00 $51,340.00 3. 2 Ea. Standard Fire Hydrant (4%0" Bury), Complete in Place including 6" Gate Valve Per Each Three Thousand Three Hundred Thirty Dollars & Zero Cents $3,330600 $6,660.00 4. 46 Ea. 1" Copper Service, Including Meter Box, Complete in Place Per Each Six Hundred Thim Dollars & Zero Cents $630,00 $28,980.00 5. .4 Ton Cast Iron Fitting, Furnish and Install, Complete in Place, Including Concrete Blocking, Per Ton Four Thousand Eight Hundred Twenty Five Dollars & Zero Cents $4,825.00 $1,930.00 G:UOB\0138051ES'[�Spec Books\013805.020 Public Water and SS 2C.doc B-2 Updated l0l7/2009 Item Approx. Unit Item Description Unit Total No. Quantity Measure "D" Item reference Price Amount ment UNIT I: WATER 6. 1871 L.P. Trench Safety for Water Mains, Complete in Place Per Linear Foot Zero Dollars & Fifteen Cents $0.15 $280.65 7. I L.S. Installation/Maintenance of Storm water Management, Complete In Place Per Each Two Hundred Fi ft Dollars & Zero Cents $250X0 $250.00 8. 4 Ea. Connect to Existing 8" Waterline, including Mechanical Joint Solid Sleeve, Complete In Place Per Each Three Hundred Fi ft Dollars & Zero Cents $350600 $1400400 TOTAL AMOUNT BID WATER $77,770.25 G:UOB10138051ES71Spec Books\013805.020 Public Water and SS 2C.doc 8-3 Updated 10/7/2009 LIST OF CAST IRON FITTINGS FOR 12" AND SMALLER WATER LINES AS REQUIRED BY E2=7.11A TO BE SUBMITTED WITH BIDS Add or Subtract for the following cast iron fittings including installation. No. of Fittings Size of Fittings Type of Fittings Weight Each Fitting (lb) Total Weight (lb) 1 8" x 8" Tee 260 260 1 8" x 8" Cross 355 355 1 8" plug 75 75 1 8" 22.5° Bend 160 160 TOTAL 850 Contractor shall fill in blanks for "Weight Each Fitting {Ib)" and "Total Weight (Ib)" as a part of bid. G:VOB10138051ES'I1Spec Books\013&05.020 Public Water and SS 2C.doc B-4 Updated 10/7/2009 UNIT II: SEWER {Furnish and install, including all appurtenant work, complete in place, the following items) {D-No. refers to related items in the Part D Special Conditions:) Unit Unit Total Item Approx. Measure Item Description Price Amount No. Quantity "D" Item reference ment UNIT II — SEWER 1. 1,215 L.F. 8" SDR-35 PVC Pipe at Various Depths as shown on the plans, Complete in place Per Linear Foot Eighteen Dollars & Eighty Cents $18.80 $22,842.00 2. 4 Ea. 4' Diameter SSMH to Depth with water tight insert shown on the plans Per Each Two Thousand Two Hundred Sixty Five Dollars & Zero Cents $23265.00 $91060.00 3. 21 Ea. 4" Sanitary Sewer Service SDR-35, with two-way cleanout Per Each Four Hundred EigW Five Dollars & Zero Cents $485.00 $10,185.00 4. 20 Ea. 4" Sanitary Sewer Service SDR-26, with two-way cleanout Per Each Five Hundred Forty Seven Dollars & Zero Cents $547.00 $10,940.00 5. 17215 L.F. Trench Safety Per Linear Foot Zero Dollars & Fifteen Cents $0.15 $182.25 6. 4 Ea. Vacuum Test for Manholes Per Each One Hundred Fifty Dollars & Zero Cents $150.00 $600.00 G:VOB10138051ES'I�Spec Books1013805.020Pnblic Water and SS 2C.doc B-� Updated ] 0/?l2009 7. 1,215 L.F. TV Inspection of Sanitary Sewer Per Linear Foot One Dollar & Fifteen Cents $1.15 $1,397.25 8. 1 L.S. Installation/Maintenance of Storm water Management, Complete In Place Per Each Two Hundred Fifty Dollars & Zero Cents $250900 $250.00 9. 4 Ea. Connect to Existing 8" Sanitary Sewer, Complete in place, Per Each Four Hundred Fifty Dollars & Zero Cents $450000 $15800.00 TOTAL AMOUNT SEWER $57,256.50 G:V©B\013805\ES71Spec Books\013805.020Pnblic Water and SS 2C.doc B-#, Updated 10/7/2009 SUMMARY TOTAL AMOUNT BID WATER TOTAL AMOUNT BYi7 SEWER GRAND TOTAL AMOUNT BID $ 77,770.25 $ 573t256.50 $ 135,026.75 C:UOB10138051ES'IlSpec Books10i3805.020 Public Water and SS 2C.doc iilTt�iGTTiT�UL•7 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 employment 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 7 calendar days after issue of the work order, and to complete the contract within 12 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:) ❑ 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. G:UOB\013805\EST\Spec Books\013805.020 Public Water and SS 2C.doc B_g Updated 10/7/2009 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 (Inals) Addendum No. 2 (Inals) Addendum No. 3 (Inals) Addendum No. 4 (Initials) 11 (Seal) Date: �ICC Title: pPC614 C(Cti+� Address: u U�-, ( c&'U�;O A f v C ( CO G:UOB\013805\ES"I1Spec Books\013805.020 Public Water and SS 2C.doc B_9 Updated 10/7/2009