HomeMy WebLinkAboutContract 39117 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No._?)R
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 810 Houston Street,Fort Worth,Tx 76102
Authorized Signatory: Edwin S. Ryan Jr. 817-885-2336
Title: Senior VP—Land Administration
Project Name: Marine Creek Estates 16"Waterline
Project Location: Marine Creek Estates Lots 1&2 Block 2
Additional Streets:N/A
Plat Case No.: FP-00-079 Plat Name: Marine Creek Estates
Mapsco: 47 N,S Council District: 7 City Project No:01311
To be completed by staff.-
Received by: C)bN oI 50 V Date: Cl• it-0 01
CFA: _2009-024 DOE: 6197 OFFICIAL RECORD
CITY SECRETARY
FT �+ORTH, 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 (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 Policy and the
contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
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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 fumish 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
famished 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
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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 negligence of the City of
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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 allezed ne-zlikence 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.
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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.
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Cost Summary Sheet
Project Name: Marine Creek Estates 16"Waterline
CFA No.: DOE No.:
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
Water nd Sewer Construction
2. ewer $ 224,192.50
Water and Sewer Construction Sub-Total $ 224,192.50
B. TPW Construction
1.Street $ -
2.Storm Drain $
TPW Construction Cost Sub-Total $ -
Total Construction Cost(excluding the fees): $ 224,192.50
Construction Fees:
C. Water Inspection Fee(2%) $ 4,483.85
D. Water Material Testing Fee(2%) $ 4,483.85
Sub-Total for Water Construction Fees $ 8,967.70
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: $ 8,967.70
Choice
Financial Guarantee Options,choose one Amount ck one
Bond=100% $ 224,192.50
Completion A reement=100%/Holds Plat $ 224,192.50
Cash Escrow Water/Sanitary Sewer=125% $ 280,240.63
Cash Escrow Paving/Storm Drain r=125% $
Letter of Credit=125%w/2 r expiration period $ 280,240.63
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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 quadrupli te, at Fort Worth,Texas this day
of 200
CITY OF FORT WORTH-Recommended by:
Water Department Transportation & Public Works Department
Wendy C i Babulal, EMBA, P.E. Wi liam A Ve est,P. .
Develop nt Engineering Manager Director
Approved as to Form &Legality Approved by Ciry Manager's Office
Amy J. R Fernando Costa
Assistant ity t
ttorney Assistant City Manager
ATTEST:
. NO M&C RI?QUIRED
ry\—Marty:4Hrix
City Secretary
ATTEST XTO Energy Inc
Signature Signature
(Print)Name: LkA C.AC%o-AL.A Print Name: Edwin S.Ryan Jr.
Title: Senior VP-Land Administration
OFFI7RECORIDCITEFT.
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
1
J
BANNISTER
ENGINEERING
PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
MARINE CREEK WATERLINE RELOCATION
FORT WORTH, TEXAS
7/17/2009
SUMMARY
SANITARY SEWER IMPROVEMENTS $194,950.00
DRAINAGE IMPROVEMENTS $0.00
15% CONTINGENCY $29,242.50
PROJECT TOTAL $224,192.50
Since Bannister Engineering,LLC has no control over the cost of labor,materials,equipment,or services furnished by others,or over
methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but
not limited to opinions as to the costs of construction materials,are made on the basis of experience and available data. Bannister
Engineering,LLC cannot and does not guarantee that proposals,bids,or actual costs will not vary from the opinions on costs shown
herein.
Bannister Engineering,LLC
2400 Hwy 287 N.,Suite 110
Mansfield,TX 76063
1 of 2 817-842-2094
OPCC
MARINE CREEK WATERLINE RELOCATION
WATERLINE IMPROVEMENTS
UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL
1 16" DIA WATER LF 1925 $70.00 $134,750.00
2 16"VALVE EA 2 $5,000.00 $10,000.00
3 AIR RELEASE VALVE EA 2 $4,500.00 $9,000.00
4 BLOW OFF VALVE EA 1 $3,600.00 $3,600.00
5 FITTINGS LS 1 $10,000.00 $10,000.00
6 CONNECT TO EXISTING EA 2 $4,000.00 $8,000.00
7 PAVEMENT REPAIR LS 1 $5,000.00 $5,000.00
8 TESTING LF 1925 $2.50 $4,812.50
9 TRENCH SAFETY LF 1925 $1.50 $2,887.50
10 ISILT FENCE LF 2760 $2.50 $6,900.00
SUBTOTAL $194,950.00
Bannister Engineering,LLC
2400 Hwy 287 N.,Suite 110
Mansfield,TX 76063
2 of 2 817-842-2094
X-
16" WATERLINE RELOCATION
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DEVELOPMENT BOND
GUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No. 105279341
KNOW ALL MEN BY THESE PRESENTS, that we, XTO Energy Inc. 810 Houston
Street, Fort Worth, TX 76102`, as Principal and Travelers Casualty and Surety
Company of America, One Tower Square 3PB, Hartford, CT 06183, a corporation
organized and existing under the laws of the State of Connecticut and fully
authorized to transact business in the State of Texas, as surety, are held and firmly
bound unto the City of Fort Worth, Texas, 1000 Throckmorton Street, Fort Worth,
Texas 76102, as Obligee, in the penal sum of Two Hundred Twenty Four Thousand One
Hundred Ninety Two and 501100 Dollars ($224,192.50), lawful money of the United States of
America, for the payment of which well and truly to be made, we bind ourselves, our heirs,
executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, XTO Energy Inc. has agreed to construct in
Marine Creek Est. 16"Waterline Addifien,City Project Number 01311,DOE: 6197
in the CITY OF FORT WORTH,TEXAS the following improvements:
Relocate 16"Waterline
WHEREAS, in the event of bankruptcy, default or other nonperformance by Principal, claims
against Principal or the development,Obligee may be left without adequate satisfaction.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall construct, or have constructed, the improvements herein described, and shall pay for the
cost of all labor, materials and equipment furnished in connection with the construction of said
improvements, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure
to complete the construction of said improvements or by reason of its failure to pay for the cost of same,
then this obligation shall be null and void,otherwise to remain in full force and effect;and upon receipt of
a claim by the City of Fort Worth indicating that the construction of said improvements has not been
completed, or that the costs for same have not been paid, the Surety will pay to the City of Fort Worth
such amount up to the amount of this bond which will allow the City of Fort Worth to complete
construction of said improvements and to pay for the costs of the same.
We hereby agree with you that the draft(s) drawn under and in compliance with the terms of this bond
will be duly honored upon presentation at:
Travelers Casualty and Surety Company of America Mail code: One Towner Square 3PB,
Hartford.CT 06183,Attn:Andrew McPhail or by facsimile to Travelers Casualty and Surety
Company of America,Fax Number (214)570-6400 confirmed by a phone call at(214)570-6399.
PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any
change order, supplemental agreement or amendment which increases the price of the aforementioned
contract.
PROVIDED FURTHER,that if a legal action be filed on this bond,the laws of the State of Texas
shall apply and that venue shall he exclusively in Tarrant County,Texas.
AND PROVIDED FURTHER, that the said surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of any contract for the public
affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of such contract.
This bond is given pursuant to the provisions of Section 212.073 of the Texas Local Government
Code,as such may be amended from time to time.
Signed,sealed and dated this 19th day of Aunu t_,2009.
XTO Energy Inc. Travelers Casualty and Surety Company of America
Principal Surety
n
By B.y J
Joy We ter,Vice President Teresa Godsey,Attorney-in-
i
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT TI IE RED BORDER
AW POWER OF ATTORNEY
TRAVELERSFarmington Casualty Company St 3gul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St ul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Thvelers Casualty and Surety Company
Seaboard Surety Company Tn vclers Casualty and Surety Company of America
St Paul Fire and Marine Insurance Company Un ted States Fidelity and Guaranty Company
Attorney-In Fact No. 215661 Certificate No.®0 2 5 4 I ®2,Jr.
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul
Fire and Marine Insurance Company,St Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farrington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are `
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that
the Companies do hereby make,constitute and appoint E
Teresa Godley,Stuart L.Iverson,Linda White,and Brenda McCaw
of the City of Fort Worth ..State of Texas ,their true and lawful Attomey(s)_in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and }
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of }
contracts and executing or guaranteeing bonds and undertakings requited or permitted in any actions or proceedings allowed by law.
it
a
24th
IN WITNES WHEREOF,the Coptirr have caused this instrument to be signed and their corporate seals to be hereto affixed,this_
day of July , CL
Farmington Casualty Company St Pau[Guardian Insurance Company
Fidelity and Guaranty Insurance Company St Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
G_yRS�yU,,_� arorr} �4\RE 6 Rq IMf +1MS4 �iY'w iYv;
Orty -•i r~ * � _�* �p`{"~•.G� `JP�.......g7.i Po. °+` y�,ptq� ���S7Y'{h3 q
s\�►.-15/t �� 1�J� O q� ��.SEAL`o�'� �+ o � CONL a, �8 � t� � f��
br M tstt %f oFr{y1`P` JVAANGf` 'S..4J��a�� °'<y.._..��� yi •���� i • $�A��'" E
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i?
State of Connecticut By:
City of Hartford ss. Georg Thompson, nior ice President
On this the 24th day o f July 2008 fore me personally appeared George W.Thompson;who acknowledged himself = i
4 to be the Senior Vice President of Farmington Casualt
y ty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,_Itte.,
Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,Traveleis
Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being
authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly-authorized officer.
a
In Witness Whereof,I hereunto set my hand and official seal.
My Commission expires the 30th day of June,2011. Al/BI�G * Marie C.Tareault,Notary Public r
P
4
58440-5-07 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER