HomeMy WebLinkAboutContract 41529COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
City Secretary
Contract No. LA \
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, a home -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, Inc.
Authorized Signatory: Don E. Allen
Title: Assistant Secretary
Project Name: Beechwood Creeks Phase 3C
Project Location: West of Avanel Way & Blaketree Drive in Beechwood Creeks Phase 2
Additional Streets: N/A
Plat Case No.: FP-005-136 Plat Name: Beechwood Creeks
Mapsco: 643S
To be completed by taff:
Received by: '1-
Council District: 2 City Project No: 01624
CFA: 2010-068 DOE: 6559
.Date: &etas I i
OFFICIAL !tMt9RG
CITY SECRETARY
FT. WORTH, TX
1
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 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 (A) X`
Sewer (A-1) _, Paving (B) Storm Drain (B-1) ,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 Polic. ,ramii
contracts for the construction of the public infxastFucture ,shall ,b
J
administered in conformance withparagraph 8 Sectio :it}IQifist\91itiglinTil� �� ���
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 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,so : m ke =suEh -
;,
laboratory tests of materials beingused as maybe rep ; 1a;- - ,�' C' .. KO
.q� �
v. To require its contractor to have fully executed c eiiintragaringli
submitted to the City to schedule a Pre -Construction 'Meeting: Th`e
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 miscon ugt , ..of , ,braid .
(s
DEVELOPER, his contractors, sub -contractors, officers, pAgie,rns, ;.o'r ,`_1:
whether or not such i 'u e
employees,
n� rtes, death or da�ma��s ;fare
caused. in whole or in part, by the allezed negligence of -the City of
Combined CFA final Sept 12, 2008 4
Fort Worth. its officers, 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 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 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 inspyectio_n_fees equal_ _
to four percent (4%) and material testing fees equal to ` ;:Girolappq
for a total of 6% of the developer's share of the total cons �u`��� tton `cost; s _S' 4j
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.
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 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 tl�e bt�
OFFICIAL iittir6/49,5
CITY SECRETARY
FT. w0aTh9 TX
the Completion Agreement.
Combined CFA final Sept 12, 2008 6
_ "*." -_
�x-
Cost Summary Sheet
Project Name: Beechwood Creeks Phase 3C
CFA No: • 2010-068 DOE No.: 6559
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 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:
Financial Guarantee Options, choose one
I Bond = 100%
(Completion Agreement = 100% / Holds Plat
'Cash Escrow Water/Sanitary Sewer= 125%
'Gash Escrow Paving/Storm Drain r= 125%
'Letter of Credit = 125% w/2yr expiration period
$
$
$
Developer's Cost
30,917.60
30,917.60
618.35
618.35
1,236.70
$ 1,236.70
$
Amount
Choice
(ck one)
30,917.60 X
30,917.60
38,647.00
E
38,647.00ufr_ :FiCi ►1.. at4ECORD
CITY SECRETARY
Ft WORTH, TIC
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
h Texas this 21Ne1/4. executed this instrument in quadruplicate, at Fort Wortday
of , 20 l l .
CITY OF FORT WORTH - Recommended by:
Water Department
vk
r
Wendy Chi-16bulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
A ala(* 0
Marcia Wise
Assistant City Attorney
ATTEST:
fl
Marty Hendrix
City Secretary
ATTEST
Signature
(Print) Name: p ' Q� ?cA
U4
•
Transportation & Public Works Department
Greg Simmons, P.E.
Acting Director
Approved by City Manager's Office
-_2444-0,0i474 /4014—.
Fernando Costa
Assistant City Manager
NO M& C ,
L
D.R. Horton, Inc.
Signature
Print Name: Don E. Allen
Title: Assistant Secretary
OFFICIAL RECORD
CITY SECRETARY
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: Storm Drain Improvements
Storm Drain Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Estimate
rs
rs
(Remainder of Page Intentionally Left Blank)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
9
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22 Nov 2010
E: \ I0409\plans\Beechwood Creeks Off —site Water .pro
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PHASE 3C
LOCATED IN
CTY OJK JFORT WORT]HE9 TEXAS
PREPARED BY:
DRHORTON
6751 North Freeway
Fort Worth, Texas 76131
Phone: (817)230-0800
Fax: (817)230-0896
NOVEM
ER, 2010
o GODW IN
MARSHALLeg
CIVIL ENGINEERS — PLANNERS — SURVEYORS
2405 Mustang Drive, Grapevine, Texas 76051
_ _ - Metro (8 329-4373
OFFICIAL RECORD
Ci i T SECRETARY
iFt� WORTH, TX
BLOCK /5
A
30
i[
DEVELOPER/ Wi'd>l :
29
28
8 ' WATER LINE
D R,- HORTON
6751 North Freeway
Fort Worth, Tex.. 76131
Phone. (817)231'0800
_,Fax:(817)230-0 96
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3/
32
EEC OOID CREEKS
PHASI3 3C
WATER
EXHIBIT "A"t
N
W E
s
SCALE: 1 °' = 509
LEGEND
PROPOSED WATER LINE
EXISTING WATER LINE
Ili
Da
PROPOSED FIRE HYDRANT ASSEMBLY
PROPOSED GATE VALVE
EXISTING FIRE HYDRANT ASSEMBLY
EXISTING GATE VALVE
PREPARED Y:
G OODW1
MARSHALL 1,
CIVIL ENGINEERS — PLANNERS — SURVEYORS
2405 Mustang Drive, Grapevine, Texas 76051
Metro (817) 329-4373
E \10409\plans\Beechwood Creeks Off —site Water .pro 22 Nov 2010
ENGINEER'S OPINION OF PROBABLE COST
Date: 2/7/11 Project: Beechwood Creeks - Phase 3C (CFA)
Job No: 10409
ITEM
No. DESCRIPTION
Location: Fort Worth, Texas
UNIT QUANTITY
Water Facilities
1. 8" DR-14, C-900 PVC
2. 8" Gate Valve & Box
3. Relocate Ex. Fire Hydrant Assemb
w/ 6" Gate Valve & Box
4. C . I. R. T. Fittings
5. Trench Safety
6. Test Water Works
7. Sawcut, Remove & Replace
Existing Pavement Panels
8. Remove & Replace Sidewalk
9. Connect to Existing
10. Traffic Control
11. Deflect W.L. Under Existing Wall
12. Concrete
Water Subtotal
L.F.
Ea.
Ea.
Ton
L.F.
L.F.
S.Y.
L.F.
Ea.
L.S.
Ea.
C.Y.
Client: D.R. Horton
UNIT
PRICE
206 $35.00
2 $1,250.00
1 $3,200.00
0.35
206
206
125
$5,600.00
$0.10
$2.00
$75.00
20 $27.00
2 $1,700.00
1 $700.00
1 $1,100.00
5 $100.00
Page: 1 of 1
TOTAL
COST
$7,210.00
$2,500.00
$3,200.00
$1,960.00
$20.60
$412.00
$9,375.00
$540.00
$3,400.00
$700.00
$1,100.00
$500.00
$30,917.60
OFFICIAL RECORD
CITY SECRErzag
WORTH, Ia
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
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
Quote To:
Phone:
E-mail:
ITEM
BID PROPOSAL
JACKSON CONSTRUCTION, LTD.
5112 Sun Valley Drive
Fort Worth, Texas 76119
Contact: Debby Kennedy
Phone: 817.572.3303 64 7 - 7 --0
E-mail: debby@jacksonconstruction.net
Ben Pratt
D.R. Horton
817-217-9563
BGPratt@drhorton.com
DESCRIPTION
1 8" DR-14 C-900 PVC
2 J 8" GATE VALVE &BOX
3 I REL EXIST FIRE HYDRANT W/ 6" GV
4 I CIRT FITTINGS
5 I TRENCH SAFETY
6 I TESTING WATER
7
8
DEFLECT WATER LINE UNDER EXIST
RETAIN WALL
CONN TO EXIST WATER LINE
9 I CONCRETE
10 I SAWCUT, REM & REP EXIST PVMT PANELS
11 I REM &REP SIDEWALK
12 I TRAFFIC CONTROL
i
GRAND TOTAL
TOTAL WATER
Job Name:
Location:
Bid Date:
NOTES:
Jackson Construction, Ltd. has EXCLUDED the following from our Bid Proposal:
State & city permits, inspection fees
Construction staking
Geotechnical construction testing
SWPPP, erosion control, seeding, sodding, curlex blanket
Re -grading of lots and swales
Cleaning of storm drain pipe and structures
Pavement markings, striping, permanent signage
Relocation of any existing dry or wet utilities not specified
Replanting of trees, shrubs, landscaping
Irrigation relocation
Jackson Construction, Ltd. has INCLUDED the following in our Bid Proposal:
Beechwood Creeks PH 3C
Ft. Worth, TX
02/07/11
QUANTITY I UNIT
206.00 LF
2.00 EA
1.00 EA
035I TON
206.00 I LF
206.00 I LF
1.00 EA
2.00 EA
5.00 CY
125.00 I SY
20.00 I LF
1.00 I LS
UNIT PRICE AMOUNT
35.00 7,210.00
1,250.00 I 2,500.00
3,200.00 I 3,200.00
5,600.00 I 1,960.00
0.101 20.60
2.00 I 412.00
1,100.00 1,100.00
1,700.00
100.00 I
75.00 I
700.00 I
3,400.00
500.00
9,375.00
540.00
700.00
$30,917.60
$30,917.60
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 2
Payment, Performance & Maintenance Bonds
Construction barricades & traffic control
Utility locates
Cleanup for final acceptance, haul off -site all JCL debris
FINAL PAYMENT SHALL BE BASED ON IN PLACE MEASURED QUANTITIES
Jackson Construction, Ltd. will hold the above pricing for 30 calendar days from today's date. We appreciate the opportunity to
offer this proposal and hope we are the successful bidder. If we can be of further assistance please do not hesitate to call.
•
•
OFFICIAL Risen*
CITY SECRETARY
TX
FT, WORTH,
Page 2 of 2