HomeMy WebLinkAboutContract 46767 Developer and Project Information Cover Sheet:
Developer Company Name: DR Horton-Texas
Address, State,Zip Code: 6751 North Freeway,Fort Worth,Texas 76131
Phone, E-Mail:817-230-0800, rhorton@drhorton.com
Authorized Signatory/Title: Randy Horton/Assistant Vice President
Project Name and Brief Description: Sanctuary at Bear Creek Phase 2
Project Location: Northwest corner of Ray White&Future Park Vista
Plat Case No.:FP-14-040 Plat Name: The Sanctuary at Bear Creek
Mapsco: Council District: 7 City Project No: 02358
CFA: 2015-012 DOE: 7300
To be completed by staff.-
Received by: i / Date: ✓
OFFICIAL RECORD
1 CITY SECRETARY
FT. WORTH, TX
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 40 InI
WHEREAS, the undersigned Developer ("Developer") desires to make certain
specific improvements as described below and on the exhibits attached hereto
("Improvements") related to a project generally described as Sanctuary at Bear Creek Ph 2
("Project") within the City of Fort Worth, Texas ("City"); and
WHEREAS, the City has no obligation to participate in the cost of the
Improvements or Project; and
WHEREAS, any future City participation in this CFA is subject to the availability
of City funds and approval by the Fort Worth City Council and shall be memorialized as an
amendment to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community
Facilities Agreement ("CFA" or"Agreement") in connection with the Improvements and the
Project.
NOW, THEREFORE, 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, as amended, is
hereby incorporated into this Agreement 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,
M Section II, of the Policy and recognizes that there shall be no reduction in the
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collateral until the Project has been completed and the City has officially
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accepted the Improvements. Developer acknowledges that the said
z acceptance process requires the Developer's contractor(s) I 0ON46kVRECORD
00 2 CITY SECRETARY
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FT. WORTH, TX
affidavit of bills paid signed by its contractor and consent of surety signed
by its surety to ensure the contractor has paid any sub-contractors and
suppliers in full. Additionally, the contractor must also provide in writing
that the contractor has been paid in full by Developer for all the services
provided under their 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_
E. The Developer shall award all contracts for the construction of the
Improvements in accordance with Section 11, paragraph 7 of the Policy and the
contracts shall be administered in conformance with paragraph 8, Section 11, of
the Policy.
F. For all Improvements 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 prequalified, insured,
licensed and bonded to do work in public streets and/or 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 Improvements, and a maintenance bond
in the name of the City for one hundred percent (100%) of the contract price
of the Improvements valid for a period of two (2) years from the date of
final acceptance 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.
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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 Certificate of Insurance
(ACORD or other state-approved form) supplied by the contractor's
insurance provider and bound in the construction contract book.
iv. To require its contractor to give at least 48 hours' advance notice of intent
to commence construction to the City's Construction Services Division so
that City inspection personnel will be available; to require the contractor to
allow the construction to be subject to inspection at any and all times by
City inspection forces, to not 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 in order to schedule a Pre-Construction 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 shall provide, at its expense, all engineering drawings and
documents necessary to construct the improvements under this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to
serve the development or to construct the Improvements contemplated 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.
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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 iniuries, 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
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 negligence of the City of Fort Worth, its
officers, servants, or e p oyees. 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
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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.
N. Upon completion of all work associated with the construction of the
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.
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. Developer shall complete the Improvements within two (2) years,
provided, however, if construction of the Improvements has started within
the two year period, the developer may request that the CFA be extended
for one additional year.
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.
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Cost Summary Sheet
Project Name: Sanctuary at Bear Creek Phase 2
CFA No.:2015-012 DOE No.: 7300
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
1. Water Construction $111,245.9
2.Sewer Construction $75,571.25
Water and Sewer Construction Total $ 186,817.14
B. TPW Construction
1,Street
2.Stonn Drain
3.Street Lights Installed by Developer
TPW Construction Cost Total $ -
Total Construction Cost(excluding the fees): $ 186,817.14
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 3,736.34
D. Water/Sewer Material Testing Fee(2%) $ 3,736.34
Sub-Total for Water Construction Fees $ 7,472.69
E. TPW Inspection Fee(4%) $ -
F. TPW Material Testing(2%) $
G. Street Light Inspsection Cost
H. Street Signs Installation Cost(Total of 7@$245 each)
Sub-Total for TPW Construction Fees $ -
Total Construction Fees: $ 7,472.89
Choice
Financia/Guarantee Options,choose one Amount ck�one)
Bond=100% $ 186,817.14 ✓�
Completion Agreement=100%/Holds Plat $ 186,817.14
Cash Escrow Water/Sanitary Sewer=125% $ 233,521.43
Cash Escrow Paving/Storm Drain=125% $ -
Letter of Credit=125%w/2yr expiration period $ 233,521.43
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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 Dev Loper has exe t this
instrument m qu ruplicate, at Fort Worth,Texas this - day of
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CITY OF FORT WORTH-Recommended by:
Water Department Transportation&Public Works Department
A__11'endy Chi-B ulal,EMBA,P.E. Dougl W. Wiersig, P.E.
Development Engineering Manager Director
Approved as to Form &Legality: Approved by City Manager's Office
�e��g C�%. �n o%.• Fernando Costa
Assistant City Attorney Assistant City Manager
M&C No.
Date:
ATTEST:
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owa
C3$ :r N® ASI&C REQUIRED
1
M J.KaWs �T_ $0.
City Secret
ATTEST: DEVELOPER:
gR.Horton-Texas Lfv� 9"v
Signature Signature
(Print)Name: <� Print Name: Randy Horton
Title: Assistant Vice President
OFFICIAL RECORD
CITY SECRETARY
9 FT. WORTH, 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 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)
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LEGEND
PROPOSED WATER LINE
PROPOSED GATE VALVE
PROPOSED FIRE HYDRANT ;
y SCALE: 1"=200'
EXISTING WATER LINE
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EXISTING GATE VALVE
EXISTING FIRE HYDRANT
9 _
JOB N0. 61017-00 THE SANCTUARY AT BEAR CREED PAPE-QAWSON
DATE FEBRUARY 2015
�5L DESIGNER EAP FORT WORTH, TEXAS IN
ENGINEERS
_ji CHECKED DM DRAWN EAP
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SHEET 1 of 1 FAX 817.MJM
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GO)PROPOSAL
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SECTION 00 42 43
PROPOSAL FORM-THE SANCTUARY AT BEAR CREEK PHASE 2(PUBLIC)
UMT PRICE BID Bidders Application
Project Item Information Bidder's Proposal
BMW mea No. De"dan Specilcaden Ualt of Measure Bid Quantity Unit MQ Bid value
Section No.
8"PVC Water Pipe,Complete in Placa for the Sum of
3311.0261 28 Dollars& 3311 12 L.F. 1921
00 Cents Per Linter Foot
$28.00 $53,788.00
Fite Hydrae%Complete in Place for the Sum of:
3312.0001 3200 Dollars& 33 1240 FA 2
00 Cans per Each
$3,200.00 36.400.00
Ductile Iron Wates Fittinp W/Restraint,Complete in Place
3311.0001 fa the Sum oil 4900 Dollns& 3311 It TON 2
00 Cents per TON
34,900.00 $9,800.00
V Water Service,Complete in Place for the Sun of:
3312.2003 501 DOOars& 33 1210 EA 62
72 CedsperEarlr
5501.72 $31,106.64
8,Gate Valve W/Vault,Complete in Place for the Sun of:
3312.3003 1050 Dollars& 331200 FA S
00 Cess per Each $1,050.00 $5,250.00
Trench Safety,Complete in Place fix the Sun of
3305.0109 1 Dollars& 3305 10 L.F, 1921
25 Ceara per Linear Fad
$125 32,401.25
Connect to Bzisft 4"-12"walts nwh%Complete in Place for
3312.0117 the Stam of, Dollars& 33 1225 FA 2
Cents per Each
$1,25D.00 s,sooao
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PROPOSED SANITARY SEWER LINE
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PROPOSED SANITARY MANHOLE • SCALE: 1"=200'
EXISTING SANITARY SEWER LINE 200' 0' loo' 200'
EXISTING SANITARY MANHOLE
aY
JOB N0. 61017-00
g THE SANCTUARY AT BEAR CREEK PAPE.-QAWSON
DATE FEBRUARY 2015ENGINEERS
x� DESIGNER EAP
FORT WORTH, TEXAS
CHECKED DM DRAYM EAP
Sw WEST SE VO M S:I Fm W RIK MUS ma�f I �7
SHEET 1 of 1 EXHIBIT Al - WASTEWATER A""=a Nam or Ammmm oxmwm ,=mum,,A
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SECTION 00 42 43
PROPOSAL FORM-THE SANCTUARY AT BEAR CREEK PHASE 2(PUBLIC)
UNIT PRICE BID Bidder's AFpliatioo
Sesser Im rov+ es _ -
Prv,jed Item Inferrnadm Bidder's Proposal
Bldtht Item No. Deseriptloo SRnficatim Unit of Meoswe Bid Quantity Unit Prlae Bid Value
Sectim Ns
8"PVC Sewer Pipe,0'to 6'(Mist Only),Cmvkle in Place
33315301 for the Sum of. 26 Dollars& 333120 LF. 94
00 Cells per Law Foot S26A0 52,444.00
8'PVC Sewer Pipe,&to 8'(Mix Only),Complete in Place
33315304 far the Stan of 28 Dollars& 333120 LF. 670
00 Cents Foodper Lancer Fa
, •, $28.00 515,7(-0.00
iV PVC Sent Pipe,V!0101(Mise Only),Complete in Plax
j { 33315307 for the Sum of 30 Dollars& 333120 L.F. 112
00 Cusps per r Foot
$30.00 S3.3W.00
l r PVC Sewer Pipe,10'to 12'(Mist Onty1,Complete in
33315310 Place for the Sian of: 36 Dollars& 33 31 20 LP. 173
00 Curls per Lister Foot
536.00 226.00
i
•PVC Sewer Pip%61 to 8'(Mise Qdy),CSS Back6fl,
33313305 Complete is Place for the Sum oil.___j2 3331-70 LF. 30
Dollars& 00 Cans per Linear Fera
S32.00 260:00
V PVC Sawa Pip%8'to 10'(Wm OolyX CSS Backfill,
33313308 Complete in Place for the Sum of'. 34 33 31 20 L.F. 50
Dollars& 00 Cents per Linear Foot
534.00 $1700.00
Cosmect to Baistmg Manhole Complete in Plea fa the Som
DoOas& FA 2
i Cann per Each
S1,000A S2,000,00
r 4'ManhoK Complete m Place fa the Sum ol:
t i 33 39 10,33 39
3339.1001 2800 Dollars OD 20 FA 3
Cents per Each
i 800.00 58,400.00
`Saver Service,Complete in Place for the Sum of:
33313101 450 Dollars& 333150 FA 62
00 Cents per Each
5450.00 $27900.00
Manhole Vacuum Testing,Complete in Place for the Sum of
3301.0101 50 Dollars& 33 01 30 FA 3
00 Cents per Each
(50.00 SISOAO
Post-CC!'V Inspection,Complete in Place for the Sum of
3301.0002 2 Dollars& 33 01 31 L.F. 1129
00 Cents per Linear Foot
$2.00 158.00
Tench Safety,Complete in Place for the Sum of
3305.0109 I Dollas& 25 3305 10 L.F. 1129
Cww per Limen Foot
SL2.5 51,41125
. =�7B7O1'AL�S��WEIEIluI�lEO3/EHI�F'IS a � r `y, r^�' �-
575 l 05_.
TOTAL
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