HomeMy WebLinkAboutContract 46799 CITY SECRETAW 7 99
CONTRACT NO,
CITY OF FORT WORTH
INFRASTRUCTURE CONSTRUCTION AGREEMENT
WHEREAS, D.R. Horton Texas Ltd., an entity authorized to conduct business in
Texas, ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"),
each desire to enter into this Infrastructure Construction Agreement ("Agreement") to
make certain improvements to Double Eagle Boulevard - SH 156 to Fire Ridge Drive in
the City of Fort Worth, Denton County, Texas, including the Paving, Water, Street Light
and Drainage Improvements (the "Project") as further described by Exhibits A-F attached
hereto; and
WHEREAS, Developer, on a reimbursement basis for no fee, is willing to provide
advance funding and oversight of these needed improvements on an earlier schedule
than they might otherwise have been implemented; and
WHEREAS, City has approved and authorized funding for the Project through
M&C C-27293 (May 12, 2015); and
WHEREAS, Developer has retained the services of Goodwin and Marshall, Inc.
("Engineer") to provide the design of the Project ; and
WHEREAS, The Project was publicly advertised on January 8, 2015 and January
15, 2015 and low bid bids for construction of the Project were received and publicly
opened on February 12, 2015. The company offering the low bid in the amount of
$1,941,430.36 (the "Construction Cost") for the Project was CD Builders, Inc.
("Contractor"), who, being accepted by City to construct the Project, will be retained by
Developer to do so; and
WHEREAS, City has approved and authorized the design, construction,
contingencies, staff costs, and other costs such as railroad permitting fees, right of way
acquisition, inspection and material testing necessary to support the Project in the
aggregate amount of$2,900,000.00 ("Pledged Funds");
NOW, THEREFORE, For and in consideration of the recitals, covenants and conditions
contained herein, the City and the Developer do hereby agree as follows:
1. General Requirements
A. The Policy for the Installation of Community Facilities, dated March 2001,
approved by the City Council of the City of Fort Worth and subsequently
amended from time to time by a Mayor and Council Communication adopted
by the City Council of the City of Fort Worth, and limited to only the specific
m sections of the Policy that are listed in this paragraph ("Policy"), is hereby
C-)
rn incorporated into this Agreement as if copied herein verbatim. The Policy
o Sections incorporated herein are: Section I "Definitions" (all definitions);
Section II "Procedures for Obtainin a Contract for the Installation of
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o OFFICIAL RECORD
Infrastructure Construction Agreement CITY SECRETARY
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) FT.WORTH,TX Page 1 of 17
Community Facilities" (Paragraph 2, Paragraph 3, Paragraph 6, excluding
subpart B.1.c., Paragraph 7.C, Paragraph 7.D.1-4, Paragraph 8.A,
Paragraph 8.B., Paragraph 8.C.1-2, Paragraph 8.C.6-7, Paragraph 8.D. and
Paragraph 8.E.); and, as applicable, Section III "Water and Wastewater
Installation Policy" through Section X "Policy for Street Name Sign
Installations", inclusive. This Agreement shall be deemed to be a
"Community Facilities Agreement" as referenced in that Policy. Developer
agrees to comply with all provisions of those incorporated sections of the
Policy in the performance of its duties and obligations hereunder and to
cause all contractors hired by Developer to comply with the incorporated
sections of the Policy in connection with the work performed by said
contractors, except as otherwise limited by or provided in this agreement.
B. The City will reimburse Developer as set forth herein for the costs of
constructing the Project up to the amount of Construction Cost approved by
the City, subject to adjustment by Change Order as set forth in Paragraph C
below, and subject to 5% retainage. The agreement between Developer and
Contractor shall incorporate City's current standard construction contract
documents. Developer shall submit to the City, on City payment request
forms, monthly requests for payment, certified by the Engineer, stating the
quantity of work that has been completed on the Project, the amount
expended for that work, and the estimated costs of the Project that remain
uncompleted as of the date of the request. The form of Engineer's
certificate must be substantially similar to that contained in the AIA G702 —
1992, or as otherwise approved by the City. The City, upon receipt of the
certificate and after confirmation by City staff of the quantity of work
completed shall make progress payments of the Pledged Funds within thirty
calendar days after receipt by the City of the Developer's request for
payment.
C. It is understood that the Project may be modified as necessary through the
course of construction by written Field Orders or Change Orders prepared
by the Engineer on a form that is acceptable to the City. The Construction
Cost contains an allowance from which Field Orders (or Change Orders)
may be paid. Adjustments to the Construction Cost due to a Change Order
will be based on the unit prices in the Contractor's bid when those unit
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 2 of 17
prices are applicable to the change. The Construction Cost may be
modified only by a written Change Order changing the scope of the project
that has been approved by the City. The issuance of one or more Change
Orders may not increase the original Construction Cost by more than 25%.
D. The "Roadway Component' of the Project will generally consist of the
roadway infrastructure improvements in Double Eagle Boulevard from Farm
to Market State Highway 156 to Fire Ridge Drive as further described by
Exhibit A, attached hereto.
E. Developer will submit, upon completion of the Project, an Affidavit of Bills
paid signed by its Contractor and Consent of Surety signed by its surety to
ensure the Contractor has paid all sub-contractors and suppliers in full.
Additionally, the Contractor will provide in a written affidavit,
acknowledgement that the Contractor has been paid in full by Developer
for all services, labor and materials provided under this contract.
F. Developer agrees to (i) 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; and
(ii) that Developer shall not earn a fee or other compensation from City for
its services under this Agreement. Developer shall not be required to
provide financial security detailed in Paragraph 6 of the Policy.
G. The following exhibits are attached hereto and made a part hereof:
a. Exhibit A— Paving and Storm Water Improvements
b. Exhibit B - Water and Sewer Improvements
c. Exhibit C — Railroad Improvements (as required)
d. Exhibit D — Construction Costs
e. Exhibit E — Construction Administration Costs
f. Exhibit F — Street Lights Improvements (if any)
g. Exhibit G —Vicinity Map
H. The Developer shall award all contracts for the construction of community
facilities in accordance with the incorporated Sections of the Policy and the
contracts for the construction of the public infrastructure shall be
administered in conformance with the incorporated Sections of the Policy.
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 3 of 17
I. Developer agrees to the following:
i. To retain at least 5% as the Contractor to construct the Project;
provided that, in the event that CD Builders, Inc. is unable to perform
as the Contractor for the Project, any other construction contractor
who is selected as the "Contractor' must first be approved by the
Transportation & Public Works Director and Water Department
Director, said contractor(s) to meet City's requirements for being
insured, licensed, bonded, and prequalified to do work in public
streets and/or prequalified to perform water/waste water construction
as the case may be, with the understanding that any such alternate
construction contractor must meet all other requirements of the
"Contractor' herein, including those set forth above in Paragraph H.
ii. To utilize contracts for construction of the Project that incorporate and
comply with the City's standard specifications and contract
documents, including the City's general conditions revised for
developer-awarded infrastructure construction contracts, with any
modifications of such specifications and documents subject to the
written approval of the City. City's then-current prevailing wage rates
must be paid as indicated in the general conditions.
iii. To require Contractor to meet or exceed a pre-established Business
Diversity Enterprise goal of Zero pursuant to the terms of City
Ordinance No. 20020-12-2011, as amended (the "BDE Ordinance").
Developer agrees to submit to the City's MWBE office for review,
Contractor's BDE Ordinance-compliant Periodic Payment Reports
("Payment Reports"). In addition to the requirements for the release
of retainage as set forth in the agreement between Developer and
Contractor, City's release of the withheld retainage (under Paragraph
B, above) is subject to the Contractor's documented compliance, or
accepted reasons for noncompliance, with the Business Diversity
Enterprise goal pursuant to the terms of the BDE Ordinance.
iv. To require Contractor to furnish to the City a payment bond and a
performance bond in the names of the City and the Developer for one
hundred percent (100%) of Contractor's contract price, and a
maintenance bond in the name of the City for one hundred percent
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 4 of 17
(100%) of Contractor's contract price 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.
V. To require Contractor 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 and the Developer 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
Contractor's insurance provider and bound in the construction
contract book or attached to the respective contract.
vi. To require Contractor to give 48 hours notice to the City's
Construction Services Division of its 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.
vii. To require Contractor to have fully executed contract documents
submitted to the City 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 Contractor.
viii. Intentionally Omitted.
J. City agrees to reimburse Developer monthly for construction costs in
accordance with Paragraph B, above.
K. If Developer is required to pay the costs of relocating or replacing franchise
utilities that are designated as City costs in accordance with Exhibit F,
(including, without limitation, gas, electric, telephone or other
communications), City hereby agrees to reimburse Developer for such City
Infrastructure Construction Agreement
CFW-DR Horton —Texas, LTD. (Double Eagle Blvd) Page 5 of 17
costs as they are incurred or paid by Developer. Such reimbursement will be
made in accordance with the time frame specified in Paragraph B above.
L. Developer agrees to provide all necessary rights of way and easements
across the property of Developer or its affiliates as required for the
construction of the current and future improvements provided for by this
Agreement. Dedication of all necessary rights of way and easements shall
be made by separate instrument and shall be recorded prior to construction.
City agrees to provide or acquire all other property needed but not under the
control of Developer or its affiliates.
M. 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, or in consequence of any failure to properly safeguard the
work, but only to the extent caused by the neglect or misconduct of
Developer.
N. Developer will 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. Such indemnity
Infrastructure Construction Agreement
CFW-DR Horton —Texas, LTD. (Double Eagle Blvd) Page 6 of 17
agreement may be contained in and made a part of the construction
agreements between Developer and its contractors.
O. 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. Further, 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.
P. Developer will not be responsible for payment or reimbursement to the City of
any costs for construction inspection and/or material testing.
Q. If construction of the Project has not commenced within nine months from the
execution of this Agreement, or if construction of the Project has not been
substantially completed within two years from the commencement of
construction, the City shall have the right to terminate the contract, reimburse
the Developer for reasonable costs incurred up to the time of termination and
shall have the right to complete the construction of the Project. In connection
with the foregoing termination, Developer will assign any construction
contracts to the City that the City has chosen to accept assignment of and/or
terminate all remaining construction contracts, as directed by the City. The
City agrees to accept and assume all responsibilities and liabilities of
Developer under any contracts the City directs to be assigned to the City,
except to the extent such liabilities arise from the negligence or intentional
misconduct of Developer.
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 7 of 17
Cost Summary Sheet
Project Name: Double Eagle Boulevard- SH 156 to Fire Ridge Drive
CFA/ICA No.: 2014-073 DOE No.: 7307
Construction Cost:
See Attachment D for itemized schedule of Construction Cost.
Engineering Services for Construction Administration:
See Attachment E for description of Engineering Services
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 8 of 17
ACCORDINGLY, the Developer and City of Fort Worth have each caused this
Agreement to be executed in multiple counterparts in their respective names and on
their behalf by their respective duly authorized signatories, effective as of the date
subscribed by the City Manager's office.
D.R. HORTON TEXAS, LTD. CITY OF FORT WORTH
A Texas Limited Partnership
By D.R. Horton, Inc.
A Delaware Corporation
Its authorized agent
By. — - By..
Randy Horton 14 Fernando Costa
Assistant Secretary Assistant City Manager
Date: L2-(Z.OIs Date: _ GA S
Recommended by:
Tra /Public Works Department
4 (jI_ Li
D6—ug-la . Wiersig, P.E. Dire for
M&C �- Z 41-13
Date: s'-/Z - /S
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
ATTEST: ()Rr
,��'ji
0N;pIN
Mary J. Kayser
City Secretary ,00
p�Mi��
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 9 of 17
List of Attachments to this Agreement
Exhibit A— Paving and Storm Water Improvements
Exhibit B —Water and Sewer Improvements
Exhibit C — Railroad Improvements (as Required)
Exhibit D —Construction Costs
Exhibit E — Construction Administration Costs
Exhibit F - Street Light Improvements
Exhibit G —Vicinity Map
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 10 of 17
Exhibit A
Paving and Storm Water Improvements
[follows]
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 11 of 17
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Water and Sewer Improvements
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Infrastructure Construction Agreement
CFW-DR Horton —Texas, LTD. (Double Eagle Blvd) Page 12 of 17
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Railroad Improvements (as Required)
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Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 13 of 17
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Construction Costs
[follows]
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 14 of 17
Exhibit D
Double Eagle Boulevard
Construction Costs
CD Builders Construction Costs $ 1,941,430.36
Contigency $ 264,000.00
Railroad Construction Costs $ 694,569.64
Total ICA $ 2,900,000.00
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Exhibit E
Construction Administration Costs
[follows]
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 15 of 17
Exhibit E
Double Eagle Boulevard
Construction Administation Costs
City Staff Costs
City Design- Code 30 $ 20,000.00
City Construction - Code 80 $ 20,000.00
City Material Testing Code 84 $ 37,035.00
City Inspection- Code 85 $ 75,615.00
City Staff Real Property $ 8,000.00
Misc. ROW Costs $ 14,350.00
Total $ 175,000.00
Exhibit F
Street Light Improvements
[follows]
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 16 of 17
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Exhibit G
Vicinity Map
[follows]
Infrastructure Construction Agreement
CFW-DR Horton—Texas, LTD. (Double Eagle Blvd) Page 17 of 17
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M&C Review Pagel of 3
Official site of the City of Fort Worth.Texas
CITY COUNCIL AGENDAORTNVO- SII
COUNCIL ACTION: Approved on 5112/2015 -Ordinance Nos. 21745-05-2015& 21746-05-2015
DATE: 5/12/2015 REFERENCE NO.: C-27293 LOG NAME: 06DOUBLE EAGLE
ICA
CODE: C TYPE: NON-CONSENT PUBLIC NO
NO
SUBJECT: Authorize Infrastructure Construction Agreement with D.R. Horton, Inc., in an Amount Not
to Exceed $2,900,000.00 to Extend Double Eagle Boulevard from FM 156 to Fire Ridge
Drive and Provide for Staff Costs and Other Construction Costs for an Overall Project
Amount of$3,109,930.00 and Adopt Appropriation Ordinance(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the amount of$3,109,930.00 in the Airport Grants Fund;
2. Authorize a transfer in the amount of$3,109,930.00 from the Airport Grants Fund to the Grant
Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grant Capital Projects Fund in the amount of$3,109,930.00; and
4. Authorize the execution of an Infrastructure Construction Agreement with D.R. Horton, Inc., in an
amount not to exceed $2,900,000.00 for the construction of Double Eagle Boulevard from FM 156 to
Fire Ridge Drive and authorize a waiver of the Developer's financial guarantee requirement.
DISCUSSION:
On August 19, 2009, (MSC C-23734, City Secretary Contract No. 39068)the City Council authorized
execution of a Local Project Advance Funding Agreement(LPAFA)with the Texas Department of
Transportation (TxDOT)which provided $80,000,000.00 in local Regional Toll Revenue(RTR)funds
to the City to support the relocation of the FM 156 and the Burlington Northern Santa Fe (BNSF)
mainline track(termed the Multimodal Transportation Improvements) to support the extension of the
Alliance Airport Runway. The parties contemplated a reimbursement of the majority of the
$80,000,000.00 to TxDOT as future revenues became available.
On January 29, 2013, (MSC C-26078, City Secretary Contract No. 44176)the City Council authorized
execution of a Interlocal Cooperation Agreement with the North Central Texas Council of
Governments(NCTCOG)that provided for the process to reimburse the NCTCOG for
$51,300,000.00 of the$80,000,000.00 as funds became available from future Federal Aviation
Administration (FAA) Grants directed to Alliance Airport in excess of funds needed to complete the
runway extension work.
The current scope of the LPAFA includes funding for the relocation of the BNSF mainline track and
the relocation of FM 156 as shown in the attached exhibit. Since execution of that Agreement,
TxDOT has let for construction the SH 114/FM 156 interchange project. The NCTCOG, the City and
Denton County desire to have constructed a missing segment of Double Eagle Boulevard to provide
alternate access in the area during the SH 114/FM 156 interchange construction and for better
east/west access for the area. The NCTCOG acting though the Regional Transportation Council
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M&C Review Page 2 of 3
approved the use of$4,000,000.00 of the RTR funds for the Double Eagle Boulevard project at its
October 9, 2014 regular meeting.
This action authorizes the City to allocate up to$3,109,930.00 of the available RTR funds for all
project related costs including: construction, staff support, railroad permitting fees, right-of-way
acquisition including closing costs for right-of-way donations, inspection and material testing
necessary to support the construction of the extension of Double Eagle Boulevard from its existing
terminus at Fire Ridge Drive to FM 156.
Staff is proposing to enter into an Infrastructure Construction Agreement(ICA)with a developer in the
area, D.R. Horton, Inc.,to publicly bid and provide for the roadway construction with the City
reimbursing the developer 100 percent of the construction cost including any Staff authorized field
changes. D.R. Horton, Inc., is currently developing one or more subdivisions in the area and
expedited construction of Double Eagle Boulevard will be achieved via this ICA. Since this is a
reimbursement arrangement, Staff is recommending a waiver from the requirement that D.R. Horton,
Inc., supply a financial guarantee under the Community Facilities Agreement Policy. D.R. Horton,
Inc., is providing for the design of the project and providing construction surveying and construction
support services at its sole cost.
Project Expenditures:
Schematic Development(Multatech $ 34,930.00
Engineering Inc.)for Double Eagle Blvd
ICA with D.R. Horton $2,900,000.00
City Staff Costs $ 175,000.00
Total Project Expenditures $3,109,930.00
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon the approval of the above
recommendation and the adoption of the attached appropriation ordinance, funds will be available in
the current capital budget, as appropriated, of the Grant Capital Projects Fund.
Available funds in GR14 Amount of transfer to GR74 Remaining Available Funds
AFW BNSF Relocation Grant
$15,564,524.14 1 $3,109,930.00 $12,454,594.18
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 441012 055302388000 $3,109.930.00 21 R14 538070 055302388000 $3,109.930.00
G14 538070 055302388000 $3.109,930.00 G 74 541200 020302388800 $2.900.000.00
2) $3,109,930.00
GR74 476014 020302388000
2&3) $3.109,930.00
GR74 541200 020302388000
Submitted for City Manager's Office by: Fernando Costa(6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: David Schroeder(2239)
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M&C Review Page 3 of 3
ATTACHMENTS
06DOUBLE EAGLE ICA GR14 AO15 2.docx
06DOUBLE EAGLE ICA(Revised 4.23.15).docx
Double Eagle Map.pdf
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