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HomeMy WebLinkAboutContract 41207 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OFT ARRANT § § City Secretary Contract No. 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: Harmon -Heritage Road, Ltd. Authorized Signatory: Kim Gill Title: Director Project Name: Harmon -Heritage Addition Block 1 Water & Sewer Improvements Project Location: 9500 Harmon Road Additional Streets: W. Magnolia, S. Jennings, W. Oleander & St. Louis Plat Case No.: .ff_--~D_\~0_-_0_\ _8 ___ P_la_t_N_am_e_: _H_arm_o_n_-_H_er_it_ag~e_A_d_d_it_io_n_B_l_o_ck_I __ Mapsco: 21W Council District: 9,. To be completed bJ tr . Received by: ( ~~ CFA: 2010-051 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City Project No: 01566 Date: 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 ("CF A") as if copied herein verbatim. Developer agrees to comply with all provisions of said Polic y 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 r ::,rtrc.1 :t ~ rs . B. Developer shall provide financial security in co1:i .. an ce 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 (Al...X_,_ Sewer (A -1) __x_, Paving (B) ~ Storm Drain (B-1) _, Street Lights & Signs (C) _. E. The Developer shall award all contracts for the c,, ruc tion of community facilities in accordance with Section II , paragru , .h e Policy and the contracts for the construction of the public ... ~rastructure 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: 1. 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. n. 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 maintemmc bond. All bonds to be furnished before work is commenced and to c ,;1 he 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 1:-, quired by the City . v. To require its contractor to have fully e· submitted to the City to schedule a Pre-( 3 ·ontract documents , uc t ion Meeting . The 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 h ~r,~under. J. Developer hereby releases and agrees to inde11 · · e fend and hold the City harmless for any inadequacies in the preli1 r r lans, 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 m 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 iniuries, .,: ·!. . .JJr damages are caused, in whole or in part, by the alleged . n ee of the Citv of Combined CFA final Sept 12 , 2008 4 Fort Worth, its officers, servants, or employees. M. Developer w ill 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 an y 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 in j uries, 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 an y 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 aniJ J _ \ivered to the City an indemnity agreement from such contractors on ,· .0 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 righ t to enforce such contracts as an express intended third party beneficiary of such contracts. 0. Inspection and material testing fees are required as follows: i. De veloper 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 t " :-l 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 1. 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 CF A 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 CF A shall be subject to the availability of City funds and approval by the Fort Worth City Council. ii . Nothing contained herein is intended to Hi:.lit the Developer's obligations under the Policy, this Agreem ~,, mancial guarantee, its agreement with its contractor or other r d agreements. u1. 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 Cost Summary Sheet Project Name: Hannon -Heritage Addition Block 1 Water & Sew er Improvements CFA No.: 2010-05 1 DOE N o .: 6509 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 requ ired to support the following information . Items A . Water and Sewer Construction 1 . Water Construction 2 . Sewer Construction Water and Sewer Construction To tal B. TPW Constructio n 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 fo r Water Construction Fees E. TPW Inspection Fee (4 %) F. TPW Material Testing (2 %) G. Street light lnspsection Cost H. Street Signs Installation Cost Sub-Total for TPW Construction Fees Total Construction Fees: Financial Guarantee Ootions, choose one Bond= 100% Completion Agreement= 100% I Holds Plat Cash Escrow Water/Sanitarv Sewer= 125% Cash Escrow Pavina/Storm Drain r= 125% Letter of Credit= 125% w/2vr expiration period 7 $ $ $ $ $ $ Developer's Cost 86 ,321 .00 49 ,160 .10 =$=====13~,48 · .10 $ $ $ $ $ $ $ $ $ $ $ $ $ $ .02 2,7 09 .62 5,419 .24 5,419.24 Amount 135 ,481 .10 135 ,481 .10 169,351 .38 - 169,351 .38 Choice (ck one) / V IN TESTIMONY WHEREOF, the City of Fort Worth has caused ht " in strument to be executed in quadruplicate in its name and on its behalf by its As.:i~· · L-ity 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 __ I_+_~ ___ day of °"t:)o C ~ ... , 20-U;:L. CITY OF FORT WORTH -Recommended by: Water Department Transportation & Public Works Department William A. Verkest, P .E. Development Engineering Manager Director Approved as to Form & Legality: Approved by City Manager's Office I NO M&C REQUI RED I :'0.11.'\\.~~ ATTEST Harmon -Heritage Road, Ltd. (Print) Name: 7nto7lrt J It/BC# Combined CFA final Sept 12 , 2008 8 By It's General Partner 5409 Miramar, LLC Print Name: Kim Gill Title: Director OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included ~ ~ ~ ~ ~ D D D D D D 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: Stonn Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate (Rema inder of Page Intentionally Left Blank) 9 w t- I 3: HICKS J PROJECT / LOCATION HARMON LOCATION MAP "HARMON-HERITAGE ADDITION" w z >- <( m t-w _J (/) <( I N .T.S . D.O.E. NO : 6509 FILE NO : X-21318 WATER NO : P265-602150156683 I w t- <( t- (/) 0:::: w t- (/) z SANITARY SEWER NO : P275-7021.30156683 CITY PROJECT NO : 01566 WELCH ENGINEERING, INC. CONSUL TING ENGINEERS (II F-1859) + .. EXHIBIT "A" SCALE : 1 "= 300' [Il] EX IST 48"W PROP 8 "W 1 1 /2 " CSQ.PER I SERVICE W/~QER / BOX (IRRIGATIO N) 11 1 1 /2 " COOPER , 1 , SERVICE W/METER I BOX (DOMESTIC) ,1 :1 ,, :,, ii I 100% DEVELOPER'S COST 8" AND 12" WATER LINES , FIRE HYDRANTS, GA TE VALVES, ASSOCIATED APPURTENANCES AND SERVICE TAPS D.O.E. NO : 6509 FILE NO: X-21318 WATER NO: P265-602150156683 "HARMON-HERITAGE ADDITION" SANITARY SEWER NO : P275-702130156683 CITY PROJECT NO: 01566 WELCH ENGINEERING, INC. CONSUL TING ENGINEERS (# F-1859) I I "l SCA LE: 1 "=300 ' ~PKWY _] PUBLIC SEWER ESM 'T I PR/VA TE SEWER ESM 'T PUB LI C SEWER ESM 'T 100% DEVELOPER 'S COST 8" SANITARY SEWER LINES AND ASSOCIATED APPURTENANCES D.0 .E. NO : 6509 FILE NO : X-21318 r_ I I 11 I I I ~I I ~I I I~ 1 11 I WATER NO : P265-602150156683 r I EXHIBIT "A-1" "HARMON-HERITAGE ADDITION" SANITARY SEWER NO : P275-702130156683 CITY PROJECT NO : 01566 WELCH ENGINEERING, INC. CONSUL TING ENGINEERS (# F-1859) WALKER UTILITIES, INC. 124 Brown Trail Hurst , Te xas 760 53 PH O N E 81 7-268 -23 J 8 FAX 8 I 7-268 -23 30 DATE : September 17, 2010 TO: KIM GILL We propose to furnish the necessary labor, materials, equipment and incidentals to construct the following described work in accordance with plans of WELCH Engineers, and the the requirements of FORT WORTH, TEXAS s11ecifications. Description of Work: List All Work(I .e.Water) Location: HARMON HERITAGE ADD. FORT WORTH, TEXAS Quantities and Prices WATER MAINS 1). 1044 LF 12" PVC PIPE $31.50 $32,886.00 2). 28 LF 8" PVC P I PE $21.00 $588.00 3). 31 EA 6" PVC PIPE $19.50 $604 .50 4). EA 12" X 12" T.S .V. $4,650 .00 $4,650.00 5). 70 LF 12" BORE WI 18" CASING $190.00 $13,300.00 6). 4 EA 12" G.V. $1,650.00 $6,600.00 7). EA 8"G.V. $925.00 $925 .00 8). 3 EA 6"G.V. $625.00 $1,875.00 9). 3 EA F .H. $2,350.00 $7,050.00 10). 30 LF CONC. ENCASEMENT $25.00 $750 .00 11). 2 EA 11/2" DOM. SERVICE W/0 METER $1,550.00 $3,100.00 12). LS FITTINGS & BLOCKI NG $8,600 .00 $8,600.00 13). EA TEST $1,000.00 $1,000.00 14). 1103 LF TRENCH SAFETY $0 .50 $551.50 15). 2 EA 12" PLUG $85 .00 $170.00 16). l EA I 1/2" IRRG. SERV ICE W/0 METER $1,550.00 $1 ,550.00 17). 2 CY CRUSHED LIMESTONE $20.00 $40 .00 18). 2 CY BALLAST STONE $25 .00 $50 .00 19). 2 CY TYPE "B" BAKFILL $15 .00 $30.00 20). LS TRAFFIC CONTROL PLAN $1,500.00 $1,500.00 21). LS RESTORATION OF HERITAGE TRACE MEDIAN $500.00 $500 .00 22). I LS STORM WATER MANAGEMENT $1.00 $1.00 TOTAL: $86,321.00 SEWER MAINS l ). 391 LF 8" S DR-26 PVC Pl PE $22.50 $8,797.50 2). 46 LF 8" SDR-26 PVC PIPE W/ 2 SACK CONC. $25.00 $1,150.00 3). 806 LF 8" SDR-35 PVC PIPE $22.00 $17,732 .00 4). 16 LF 6" SDR-35 PVC PIPE $20 .50 $328.00 5). 2 EA 4' DIA. SHALLOW M.H. $1,300.00 $2,600.00 6). 3 EA 4'M.H. $1,400.00 $4,200.00 7). 2 EA 4' DROP M.H. $3,325.00 $6,650.00 8). EA 4' M.H. OVER EX. MAIN $2,150.00 $2,150.00 9). 15 VF EXTRA DEPTH 4' DIA. M.H. $110.00 $1,650.00 10). 7 EA M.H. V AC. TESTS $100.00 $700 .00 11). EA CLAY DAM $20.00 $20.00 12). 1259 LF T .V. MAINS $0.45 $566.55 l3). 1259 LF AIT AND MANDREL TEST $0.45 $566.55 14). 1259 LF TRENCH SAFETY $0.50 $629.50 15). 2 CY CL. "B" ( 2500 psi) CONC. ENCASEMENT $80.00 $160.00 16). 2 CY CL. "E" ( 2500 psi) CONC. ENCASEMENT $85.00 $170.00 17). 2 CY CRUSHED LIMESTONE $20.00 $40.00 18). 2 CY BALLAST STONE $25 .00 $50.00 19). LS SWPPP $1,000.00 $.1,000.00 TOTAL: $49,160.10 TOTAL BID: $l35,481.l0 • ----------------------------------·---------------------- 'Walker U tilities, lnc. Location : HARMON H E RITAGE ADD . FORT WORTH , TEXAS UTILITIES PROVISIONS SOIL TESTING BY OTHERS ENGINEERING AND LAYOUT BY OTHERS AN Y MET ER OR C ITY FEE'S, TNSP . FE E'S , CO NN . FEE'S OR PERMITS BY OTH ER EXC ESS SPOILS DEPOSITED ON-SITE BID ON UNAPPROVED PLANS ONE MOVE IN BARRICADES PROVIDED ONLY AT WORK LO CATION D URING CONSTRU CTION INSURANCE LIMITS $2,000,000.00 WORK TO INCLUDE ONLY THE ITEMS LISTED ELECTRICAL POWER AND HOOKUP TO CONTROL PANEL BY OTHERS ADDITION MONIES MA Y B E DUE IF EXTENSIVE SPRINKLER S YS . LOCATED $150.00 PER V .F. FOR EXTRA DEPTH ON INLETS AND M.H. NOT SHOWN ON PLANS NO MATERIAL TAX IN C LUDED NATIVE BACKFILL OVER PIPE EMBEDMENT INCLUDED STAGING AREA PROVIDED BY OWNER NO TREE REMOVAL Fo r your c on ven ie nce , the a bove quantitie s h ave been e stima ted. however this proposal is o n a unit pr ice bas is with pay me nt s to b e m a de o n the actua l m easured qua ntitie s o f work compl e ted . O n th e last d ay of each month pa rti a l estimates s ha ll be prepared includin g a ll of th e comple ted work plus a ll o f th e m a teria l o n ha nd fo r th e un comple ted po rti on and s ha ll be pa id in full not later th a n th e 15th da y o f the fo ll o wing m o nth . F in a l e st im a te s ha ll be pre pare d immediatel y upon com p le ti o n a nd s hall be paid within 15 d ays . A ll estimates n o t rece ived o n due d ate s h a ll be ar interest fr o m due d ate until d ate rece ived at 12% per annum . his a lso agreed by bot h pa rtie s to th is agreem e nt th at a n y a nd a ll costs of liti gati o n to o bt ai n m o ni es du e contracto r s h a ll be at th e ex pe ns e of th e owne r. Th is pro posa l is a lso ba se d o n a ll e ng in e ering , g rad es a nd a li g nme nts be in g furni s hed by th e o wne r, together w ith a ll necessary pe rmits fr o m th e C ity , Co unty , State o r o th e r interes te d p a rties . O ur pri ces include o n-s ite di s po s a l of exces s m a te ri a ls . Oft~s ite dis po sa l w ill be the res po ns ib ili ty of th e excavati o n co ntractor . Yo ur acce p ta nce o f t hi s proposa l by s ig ning a nd returning o ne co py to us within (10 ) days a nd th e approval by us o f cre dit arran gem e nt wi ll constitute a c o ntract be tw e e n us . This pro posa l o r contra ct is s ubj e ct to cance ll atio n if a N atio n al E m e rgency s ho uld cau se m a te rial s to becom e u nava il a bl e . ACCEPTED : (Owner) By Title Bank Ref Date Walker Utilities, Inc. (Contractor) Steve Salsbury Estimator Title Attes t