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HomeMy WebLinkAboutContract 39094 r COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 0 1 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: XTO Energy Inc. Authorized Signatory: -es. zt, ,.1 zM. Title: S M. V P `' t_VA t_+A VU1 Vr k J�S f2✓d Two Project Name: Lot 1-R, Block 1, Wesco Addition Project Location: 410 E. Magnolia Ave. Additional Streets: N/A Plat Case No. FS - 009-056 Plat Name: Lot 1-R, Block 1, Wesco Addition Mapsco: 77J Council District: 9 City Project No: 01346 To be completed by staff: Received by: C-D A-/ U. -,o fA Date: 1 a -O� _. CFA: —O DOE: 6213 OFFICIAL RECORD CITY SECRETARY FT: 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 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 (ALp, Sewer(A-1)e Paving (B)Q Storm Drain (B-1)0; Street Lights & Signs(C)0. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section 11, 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 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. 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,perfonnance 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 damagges are caused, in whole or in Part, by the alleged neQliQence 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 iniuries, death or damages are caused, in whole or in part, by the alleged nezlizence 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. 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 which is the subject of the Completion Agreement. Combined CFA final Sept 12,2008 6 a Cost Summary Sheet Project Name: Lot 1-R, Block 1, Wesco Addition CFA No.: AV A,Q 4a` DOE No.: 6213 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 and Sewer Construction ��qq 2.Sewer LlAoseson a. Sewer Construction $69,855.00 B. TPW Construction 1.Street 2.Storm Drain TPW Construction Cost Sub-Total $ Total Construction Cost(excluding the fees): $69,855.00 Construction Fees: C. Water Inspection Fee(2%) $ 1,397.10 D. Water Material Testing Fee(2%) $1,397.10 Sub-Total for Water Construction Fees $2,794.20 E. TPW Inspection Fee(4%) $ F. TPW Material Testing(2%) $ G. Street Light Installation/Inspsection Cost $ H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ Total Construction Fees: $2,794.20 Choice Financial Guarantee Options,choose one Amount ck one', Bond=100/ $69,855.00 1 L Completion Agreement=100%/Holds Plat $ Cash=125% $ Letter of Credit=125%w/2 r expiration period $ 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 quadruplicate,at Fort Worth,Texas this �� day Of ,200C. CITY OF FORT WORTH-Recommended by: Water Department Transportation & Public Works Department Wendy Chi- a ulal,EMBA,P.E. Developmen gineering Manager William A. Verkest, E. Director Approved as to Form&Legality: Approved by City Manager's Office u°stww.riLi�-� Amy J.Ramse Fernando Costa Assistant City torney Assistant City Manager ATTE EN� 1NdG� ItTQUIRI;Dartiy Hendrix ..v...,, RE City Secretary ATTEST <DEVELOPER NAME> Signature Signature (Print)Name: Print Name: f--the T,#A Title: is iZ 0 �•�+++� I MnS►iZ>i-R:4tZv� OFFICIAL RL URD9 Combined CFA final Sept 12,2008 8 CIS SECRETARY F lolrORTH, TX 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) 9 LOT 1-It BLOCK 1 WESCO ADDITION z x 01. AMEN LrT OA 4"M A f FAST NAGNd1.JA Cem _ E t ALLEN VICINITY MAP mar m sa4z BAR aw Am J Location Map w w —� .... _ ' EXISTING , � h $" . EWFR LINE ,, o i t . PROPOSED CURB & EX/SUNG 8" SEWER LINE BE -B.AMa ED 71 CONCRETE Ca-LA �� r4DD'm-Tt2--x______X.___ o H y :l PROPOSED PA WMENT REPAIR R 4 D/A. PROPOSED TO BE REMO D 8" PW EX/S11NG 8" SEWER LINE TO BE ABANONED N _ _ (L-283) - CONCRETE CIZLARS -- PROPOSED WRB & IR PROPOSED L4 i SSMH'S AND p ETE COLLARS EX/S11NG EX/S71NG LINEo N—� SSMH o -- — ssN 3 SCALE: 1" = 150' � o s � N a g Z m 0 LEGEND O PROPOSED PA kEW-NT REPAIR 1 PROPOSED SEWER L/NE EXHIBIT "A- 1 " ~DUNAWAy Q EX/SANG SEWER LINE SANITARY SEWER DISTRIBUTION SYSTEM loolh++�Ckb-R •,00•raerdun 7&107 o � PROPOSED MANHOLE Z,ZZ,21-FM }�7437 Z 0 F 0 1 EX/SANG MANHOLE LOT 1 - R, BLOCK 1 WESCO ADDITION a PART B—PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: XTO ENERGY,INC. PROPOSAL FOR: SANITARY SEWER IMPROVEMENTS LOT 1-R,BLOCK 1, WESCO ADDITION D.O.E.NO. 6213 CITY PROJECT NO. 01346 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for Sanitary Sewer, Water, and Drainage Improvements incidental work to provide a complete and serviceable project designated as: Sanitary Sewer Improvements Lot 1-R,Bloch 1, Wesco Addition Fort Worth, Texas Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents,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 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: B-1 UNIT I: SANITARY SEWER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (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:) I. 1 LS Site clearing and grubbing(along proposed sanitary sewer alignment),per lump sum. See Sheet 4. One thousand five hundred Dollars and Zero Cents $ 1,500.00 $ 1,500.00 2. 1 LS Erosion control, per lump sum. See Sheet 8. - _ Five thousand, six hundred fifty two Dollars and Zero Cents $ 5,652.00 $ 5,652.00 3. 524 LF 8-inch sanitary sewer abandonment(cut& plug),per linear foot Five Dollars and Zero Cents $ 5.00 $ 2,620.00 4. 1 EA Remove and dispose 4-foot diameter sanitary sewer manhole, per each. See Sheet 3. One thousand Dollars and Zero Cents $ 1,000.00 $ 1,000.00 5. 2 EA Connection to existing sanitary sewer,per each Seven hundred fifty Dollars and Zero Cents $ 750.00 $ 1,500.00 B-2 6. 840 LF 8-inch sanitary sewer pipe (SDR-35) (all depths; complete in place with trench excavation and trench compaction)per linear foot Thirty six Dollars and Zero Cents $ 36.00 $ 30,240.00 7. 4 EA Construct standard 4-foot diameter sanitary sewer manhole including watertight insert and 32-inch rim(complete in place),per each. See Figure SAN-003 in Appendix A. Two thousand, four hundred Dollars and Zero Cents $ 2,400.00 $ 9,600.00 8._ 6 VF Additional depth sanitary sewer manhole (beyond 6-foot), per vertical foot Two hundred Dollars and Zero Cents $ 200.00 $ 1.200.00 9. 4 EA Sanitary sewer manhole vacuum testing,per each One hundred Dollars and Zero Cents $ 100.00 $ 500.00 10. 840 LF Post sanitary sewer TV inspection(proposed sanitary sewer lines),per linear foot Two Dollars and Zero Cents $ 2.00 $ 1,048.00 11. 524 LF Pre-sanitary sewer TV inspection(abandoned sanitary sewer lines), per linear foot One Dollar and Zero Cents $ 1.00 $ 840.00 B-3 12. ij EA Concrete collar for 4-foot diameter sanitary sewer manhole (complete in place),per each. See Figure SAN-009 in Appendix A. Two hundred fifty Dollars and Zero Cents $ 250.00 $ 1,250.00 13. 1 EA 4-inch sanitary sewer service with.double cleanout(complete in place),per each. See Sheet 6 for detail. Seven hundred fifty Dollars and Zero Cents $ 750.00 $ 750.00 14. 2 EA Clay dam(complete in place),per each. See Appendix A for detail. Two hundred fifty Dollars and Zero Cents $ 250.00 $ 500.00 15. 6 LF Reinforced concrete curb and gutter replacement(complete in place),per Standard Curb& Gutter Detail. See Sheet 6 for detail. Twenty five Dollars and Zero Cents $ 25.00 $ 150.00 16. 53 SY Permanent asphalt pavement trench repair (complete in place),per square yard,per Standard Curb & Gutter Detail. See Figure STR-028 in Appendix A. One hundred fifty Dollars and Zero Cents $ 150.00 $ 7,950.00 17. 840 LF Trench safety, per linear foot One Dollars and Zero Cents $ 1.00 $ 840.00 B-4 18. 1 LS Traffic control,per lump sum. See Sheet 10. Two thousand five hundred Dollars and Zero Cents $ 2,500.00 $ 2,500.00 19. 140 SF Hydromulch seeding,per square foot. See Sheet 8. One Dollars and Zero Cents $ 1.00 $ 140.00 20. 3 CY Topsoil,per cubic yard. See Sheet 8. Twenty-five Dollars and Zero Cents $ 25.00 $ 75.00 TOTAL AMOUNT BID SANITARY SEWER: $ 69,855.00 B-5 BID SUMMARY TOTAL AMOUNT BID SEWER $ 69,855.00 GRAND TOTAL AMOUNT BID $ 69,855.00 B-6 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 calendar days after issue of the work order, and to complete the contract within _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. X B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. B-7 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) Addendum No. 3 (Initials) Addendum No. 2(Initials) Addendum No. 4(Initials) Respectfully submitted, Mark Pappas,Vice-President of Conatser Management Group,.,,G.P. j, .. ..� ... ,. .. __ - -•... -{ Liu ... ... ..... .. � _ . .. _ _ . .. -. vice President Address P.O. Box 15448 Fort Worth,Texas 76119 Tel: (817) 534-1743 Fax: (812)534-4556 (Seal) Date: B-8