HomeMy WebLinkAboutContract 40592 r
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COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. QS
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 Texas, Ltd.
Authorized Signatory:Don E.Allen
Title:Assistant Secretary
Project Name: Santa Fe Enclave Phase IIC
Project 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 kv staff
Received by: 1 L/1� Date: �5
CFA: 2010-033 DOE: 6346 OFFICIAL.RECORD
CITY SECRETARY .
FT VV',RTH, TX
t
I
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 I1, 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) X 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 11. paragraph 7 of the Policy and the
contacts 1'01' the Co llStrUCtiOn Of the public infrastructure shall he
administered in conformance with paragraph 8. Section 11, ofthe Policy.
Combincd(TA linal 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 I'Ully executed contract documents
submitted to the City to schedule a Prc-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, 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
DF.VI:I,OPFR. his contractors, sub-contractors. officers. agents or
employees. whether or not such iniuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of
Combined CI Alined 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 inspection fees equal
to four percent (4%) and material testing fees equal to tv�o percent (2%)
liar a total of 64% of the developer's share ol'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.
Combined CIA final Sept 12,2008 6
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 $ 77,770.25
2.Sewer Construction $ 57,256.50
a. Water and Sewer Construction Total $ 135,026.75
B. TPW Construction
1.Street $ -
2.Storm Drain $
TPW 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 Inspsection Cost
H. Street Signs Installation Cost
Sub-Total for TPW Construction Fees $ -
Total Construction Fees: $ 5,401.07
Choice
Financial Guarantee Options,choose one Amount (ck one)
Bond=100% $ 135,026.75 x
Completion Agreement=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
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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
execut this instrument in quadruplicate, at Fort Worth,Texas this C�(1-�` day
of 120
CITY OF FORT WORTH-Recommended by:
Water Department Transportation & Public Works Department
t
- N 1 A
Wendy Ch(- abulal,EMBA,P.E. William A. Verkest,P.E.
Development Engineering Manager Director
Approved as to Form &L 1ity: Approved by City Manager's Office
m Vant ey Fernando Costa
Ass y Attorney Assistant City Manager
a��13 te��
ATTEST: �,4R'r 00000000000- ���
Marty Hendrix °
City Secretary d o o ���
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ATTEST D.R.Horton—Texas, Ltd.
Signature AS
(Print)Name: Print Name:Don F.Allen
'Title:Assistant Secretary
OFFICIAi- RECORD',
CI 9 Y SEGRE iARY
Fr WOO TH. TX
Combined(TA 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
(Remainder of Page Intentionally Left Blank)
9
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PART B-PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: D. R.Horton-Texas,Ltd.
PROPOSAL FOR: Public Water&Sanitary Sewer Facilities for Santa Fe Enclave Phase 2C
WATER PROJECT NO. P265-602150142883
SEWER PROJECT NO. P275-702130142883
DOE NO. 6346
CITY PROJECT NO. 01428
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 for 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,td 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:
G U0l3W138051ESr%Spec Books1013805.020 Public Water and SS 2C.doc
Updated 1onnoo9 B�1
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 A rox. Unit Unit Total
Measure
Approx. Item Description
No. Quantity "D"Item reference Price Amount
ment
UNIT I:WATER
1. 1,871 L.F. 8"DR-14 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 $5,340.00
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 $3,330.00 $6,660.00
4. 46 Ea. 1"Copper Service,Including Meter
Box,Complete in Place
Per Each
Six Hundred Thirty 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 Eilht Hundred
Twenty Five Dollars&
Zero Cents $4,825.00 $1,930.00
G UOB\013805\ESTRSpec Books\013805.020 Public water and SS 2C.doc 3_2
Updated 10/7!2009
Item A rox. Unit Unit Total
pp Measure Item Description Price Amount
No. Quantity meat "D"Item reference
UNIT 1:WATER
6. 1871 L.F. Trench Safety for Water Mains,
Complete in Place
Per Linear Foot
Zero Dollars&
Fifteen Cents $0.15 $280.65
7. 1 L.S. Installation/Maintenance of Storm
water Management,Complete In Place
Per Each
Two Hundred Fifth_Dollars&
Zero Cents $250.00 $250.00
8. 4 Ea. Connect to Existing 8"Waterline,
including Mechanical Joint Solid
Sleeve,Complete In Place
Per Each
Three Hundred Fifth_Dollars&
Zero Cents $350.00 $1400.00
TOTAL AMOUNT BID WATER $77,770.25
G:U0B10138051ESMSpec BooksW13805.020 Public Water and SS 2C.doc $-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 Size of Weight Each
Fittings Fittings Type of Fittings 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(lb)"and"Total Weight(lb)" as a part of bid.
G:V0B10138051ES71Spec Books1013W.020 Public Water and SS 2C.doc B-4
Updated 10/7!2009
UNIT II: SEWER
i
(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 A rox. Unit Unit Total
Measure Approx. Measure Item Description me Amount
No. Quantity e "D"Item reference Price
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 $2,265.00 $9,060.00
3. 21 Ea. 4"Sanitary Sewer Service SDR-35,
with two-way cleanout
Per Each
Four Hundred Eighty 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 Fotty Seven Dollars&
Zero Cents $547.00 $10,940.00
5. 1,215 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.V06\0138051ESTISpec Books\013805.020 Public Water and SS 2C.doc B-5
Updated 10/7/2009
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.....- &
Zero Cents $250.00 $250.00
9. 4 Ea. Connect to Existing 8"Sanitary Sewer,
Complete in place,
Per Each
Four Hundred Fifty_Dollars&
Zero Cents $450.00 $1,800.00
TOTAL AMOUNT SEWER $57,256.50
G:VOB\01380AES71Spec Books1013805.020 Public Water and SS 2C.doc B-6
Updated 10/72009
SUMMARY
TOTAL AMOUNT BID WATER $ 77,770.25
TOTAL AMOUNT BID SEWER $ 57,256.50
GRAND TOTAL AMOUNT BID $ 135,026.75
G°V0111013805\13MSpec Books1013805.020 Public Water and SS 2C.doc 8.7
Updated 101712009
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.
GAJOB\013805\ES71Spec Hooks\013805.020 Public Water and SS 2C.doc
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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)
Respe submitted f�
C1
Title:
Address:
C' Ui (urt 06"U Ar';(+r ,� CCU �c
QR 10 (0-1 r t a ( , I
Telephone:
(Seal)
Date: 02,� 'C)C) 1
G.U013\0I3805TS71Spec Books\013805.020 Public Water and SS 2C doe
Updated 10/7/2009 B-9