HomeMy WebLinkAboutContract 51676 516-16
Received Date:12/17/2018
Received Time: 2:08 PM
Developer and Project Information Cover Sheet:
Developer Company Name: TMS Acquisition,LLC
Address, State,Zip Code: 2140 E. Southlake Blvd., Southlake,TX,76092
Phone&Email: 650-906-6134,kitaa,sdtcorp.com
Authorized Signatory,Title: Ed Kit,President
Project Name: SH 114 Self Storage
Brief Description: Water, Sewer
Project Location: Just south of SH-114 and just NE of Texan in Fort Worth
Plat Case Number: FS-18-117 Plat Name:
Mapsco: Council District: 7
CFA Number: 2018-123 City Project Number: 101637
City of Fort Worth,Texas is
Standard Community Facilities Agreement-SH 114 Self Storage OFFICIAL RECORDS
CFA Official Release Date:02.20.2017
Page 1 of 11 CITY SECRETARY
FT. WORTH,TX
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.51676
WHEREAS, TMS Acquisition, LLC , ("Developer"), desires to make certain specific
improvements as described below and on the exhibits attached hereto("Improvements")related to
a project generally described as SH 114 Self Storage ("Project") within the City or the
extraterritorial jurisdiction 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 collective Improvements for 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, 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 Improvements. Developer
further acknowledges that said acceptance process requires the Developer's contractor(s)
City of Fort Worth,Texas
Standard Community Facilities Agreement-SH 114 Self Storage RECOR
CFA Official Release Date:02.20.2017
Page 2 of 11 caY SECRETARY
FT. WORTH,TX
to submit a signed affidavit of bills paid and consent of Surety signed by its surety to
ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in full by Developer
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 describe the Improvements and are incorporated herein:
Water(A) ILA- Sewer(A-1) ®,Paving(B) I']. Storm Drain(B-1) El, Street Lights & Signs
(C) 01.
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered
in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its
contractor(s)pays the then-current City-established wage rates.
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 ways and/or prequalified to perform water/wastewater
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 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.
City of Fort Worth,Texas
Standard Community Facilities Agreement-SH 114 Self Storage
CFA Official Release Date:02.20.2017
Page 3 of 11
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 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, if any, 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, unless otherwise agreed to by City, 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 required herein.
I. City shall not be responsible for payment of 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.
City of Fort Worth,Texas
Standard Community Facilities Agreement-SH 114 Self Storage
CFA Official Release Date:02.20.2017
Page 4 of 11
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, its
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, its 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 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.
City of Fort Worth,Texas
Standard Community Facilities Agreement-SH 114 Self Storage
CFA Official Release Date:02.20.2017
Page 5 of 11
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.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
the end of two(2)years from the date of this Agreement(and any extension period)
the Improvements 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 Improvements or to cause the payment of costs for
City of Fort Worth,Texas
Standard Community Facilities Agreement-SH 114 Self Storage
CFA Official Release Date:02.20.2017
Page 6 of 11
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.
Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government
Code,the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Developer certifies that
Developer's signature provides written verification to the City that Developer: (1) does not
boycott Israel; and (2)will not boycott Israel during the term of the contract.
IMMIGRATION AND NATIONALITY ACT
R. Developer shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification
Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms
and supporting eligibility documentation for each employee who performs work under this
Agreement. Developer shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any Developer
employee who is not legally eligible to perform such services. DEVELOPER SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Developer, shall have the right to immediately
terminate this Agreement for violations of this provision by Developer.
City of Fort Worth,Texas
Standard Community Facilities Agreement-SH 114 Self Storage
CFA Official Release Date:02.20.2017
Page 7 of 11
Cost Summary Sheet
Project Name: SH 114 Self Storage
CFA No.: 2018-123 CityProject No.: 101637
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 $ 37,272.00
2.Sewer Construction $ 51,821.00
Water and Sewer Construction Total $ 89,093.00
B. TPW Construction
1.Street $ -
2.Storm Drain $ -
3.Street Lights Installed by Developer $ -
4. Signals $ -
TPW Construction Cost Total $ -
Total Construction Cost(excluding the fees): $ 89,093.00
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 1,781.86
D. Water/Sewer Material Testing Fee(2%) $ 1,781.86
Sub-Total for Water Construction Fees $ 3,563.72
E. TPW Inspection Fee(4%) $ -
F. TPW Material Testing(2%) $ -
G. Street Light Inspsection Cost $ -
H. Signals Inspection Cost $ -
H. Street Signs Installation Cost $
Sub-Total for TPW Construction Fees $ -
Total Construction Fees: $ 3,563.72
Choice
Financial Guarantee Options,choose one Amount I.—
.one
Bond=100% $ 89,093.00
Completion Agreement=100%/Holds Plat $ 89,093.00
Cash Escrow Water/Sanitary Sewer-125% $ 111,366.25 x
Cash Escrow Paving/Storm Drain=125% $
Letter of Credit=125%w/2yr expiration period $ 111,366.25
City of Fort Worth,Texas
Standard Community Facilities Agreement-SH 114 Self Storage
CFA Official Release Date:02.20.2017
Page 8 of 11
ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as
of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH DEVELOPER
0. TMS Acquisition,LLC
s J.Chapa(Dec 018)
Jesus J. Chapa
Assistant City Manager Ed amu`
Date: Dec 13,2018 Ed Kit(Dec 11,2018)
Name: Ed Kit
Recommended by: Title: President
Date: Dec 11,2018
Evelyn Robe s(Dec 11,2018)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
Approved as to Form &Legality: administration of this contract, including
ensuring all performance and reporting
Richard A. McCraaMn requirements.
Richard A.McCracken(Dec 13,2018)
Richard A. McCracken
Assistant Cit orney Jennifer Ezernack on behalfof(Dec 11,2018)
M&C No. Name: Janie Morales
Date: Title: Development Manager
Form 1295: __-N/A
. 0 ti
ATTEST: C.)
—�
Mary J.�ayser(Dec �F��� ,rf
Mary J. Kayser/Ronald Gonzales
City Secretary/Assistant City Secretary
City of Fort Worth,Texas -_---
Standard Community Facilities Agreement-SH 114 Self Storage
OFFICIAL
CFA Official Release Date:02.20.2017
Page 9 of 11 CITY SECRETR"�
FT. WORTH, :,',
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
1 Attachment 1 -Changes to Standard Community Facilities Agreement
Location Map
Exhibit A:Water Improvements
Exhibit A-1: Sewer Improvements
Water and Sewer Cost Estimates
El Exhibit B: Paving Improvements
❑ Paving Cost Estimate
El Exhibit B-1: Storm Drain Improvements
t7 Storm Drain Cost Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas
Standard Community Facilities Agreement-SH 114 Self Storage
CFA Official Release Date:02.20.2017
Page 10 of 11
ATTACHMENT"1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 101637
None.
City of Fort Worth,Texas
Standard Community Facilities Agreement-SH 114 Self Storage
CFA Official Release Date:02.20.2017
Page 11 of 11
SECTION 00 42 43
Dewlaps Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
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_..._2... 0241.1000 Rwrrwe Conc Pvmt 0241 16 Sy 14 _ ;6,00 .. $112.00
3 0241.110002 Renew Aepnap Pvm! 41 16 Sy
..._.,._.._............._.._.__ _..__._ _.._.. ..._.....§9 $6.00 5510,00
..1_. 0241.1300 Rwrgw Cant CwDdGu1W _. ... ...... 02 41 15 __ .. ......_LF .36 $p.00 _ . 68_00
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5 62412103 0 Sewer Abwdarnrent Phrp.. ... T _.� 02 41 14 EA ? .. 5150:M .... ...;i 99
6 3110.0101 Sds am,m __._....__... ,y,_ 311600_ ._ _ LS .. .. 1 ` 01700.00 _ .0.9o0.00.
7 3301:0632 Poat-CCTV.InepeAgn _T 33 01_31 .....Lf,_. 837 $1.00 e3►.00
3301.0101 M wftls.V_Testmp._ _ .33 9130 ............................ EA _. 5 5100.00 ., SM.D0
._...9....... 3305.0113'frrrlell Water 91a�s
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10 3305.1002.15'Casing 97.Open Cla...-...._ .._._._.__,_. 33.05.22 _.... _ LF __„_565,00 .59,75,9.00
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,..i,I ...3311.0241 s'WahrPipe „_,_ ,. ..._ _ 391110.331112 .._. .,,LF 719 526.00 520132.00
12 3312.2103 1 1IL'Wale Servom __. 33121.0 EA 7 51,500.00 .. $1.509.63
.... 1 3312.2203 2'WaW Service .. _._ .... 33,tI 70 ._,.._... EA ._?... 52,000,00 SZ,t100.00
33 1220 EA.. 2 $1
,T00,00..__ $2,400,00
3 3312.1005 6'x.6'Sleeve 8 Van 9312.26...........__.... ....... EA
4 3331.3102 4'2•Way,Cl"nm 3:!3j 50 EA .. 3 .5350, 5700_00,
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5 3331_3105 4'PrivaN_Sewer Swvke __..._ 333150 LF_..... $600,00 $2.500_00
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_,..._� ....3399.1631<'Manhtb_.__.....__._. 33 39 10,33 39 20 ..... EA 5 32,000.00 $10,000.00
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