HomeMy WebLinkAboutContract 52536 Date Received: Jul 15,2019
Time Received: 8:23 AM
COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
Developer Company Name: Sun Valley Developers,LLC
Address,State,Zip Code: 5301 Sun Valley Dr,Fort Worth,TX 76119
Phone&Email: 817-572-2250,Bowie@empireroofing.com
Authorized Signatory,Title: Bowie Holland,Project Manager
Project Name: Sun Valley Detention Pond
Brief Description: Storm Drain&Detention Pond Construction
Project Location: 4900 Kaltenbrun Rd.
Plat Case Number: FS-17-027 Plat Name: Sun Valley Industrial Park
Mapsco: 93N Council District: 5 City Project Number: 100093
CFA Number: 2017-075 DOE Number: None
City of Fort Worth,Texas OFFICIAL RECORD
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond CITY SECRETARY
CFA Official Release Date:01.22.2017
Page 1 of 14 FT. WORTH,TX
COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.52536
This COMMUNITY FACILITIES AGREEMENT ("Agreement" or "CFA") is
made and entered into by and between the City of Fort Worth,Texas,a home-rule municipal
corporation situated in Tarrant, Denton, Johnson, Wise and Parker Counties, Texas ("City"),
acting by and through its duly authorized Assistant City Manage-,and Sun Valley Developers,
LLC, a Texas limited Liability Company ("Developer"), a.c:ing by and through its duly
authorized representative.
WHEREAS, this Agreement is being entered into between the City and Developer
pursuant to a Development Agreement for the Sun Valley Industrial Park Area,City Secretary
Contract Number 52513, between the City, Developer, and Sun Valley Industrial Park, LP
("Owner");and
WHEREAS, Developer desires to make certain specific public improvement in the
form of a regional detention basis as described below and on the exhibits attached hereto
("Improvements") related to a project generally described as Sun Valley Detention Pond
("Project")within the territorial limits of the City of Fort Worth, Texas; and
WHEREAS, pursuant to a detailed drainage study, iSWIM Study 2016-0616,
performed by Dunaway Associates,L.P.,Developer will derive twenty-five percent(25%) of
the benefits and City will derive seventy-five percent(75%) of the benefits of the Project;and
WHEREAS,the Developer will pay for twenty-five percent(25%)of the total cost of
the Project and the City will pay for seventy-five percent (75%) of the cost of the Project in
accordance with this Agreement as presented by the Cost Summary Table and Exhibits
attached hereto and authorized by the City Council via M&C C-29057 on March 19,2019;and
WHEREAS, The City's total cost participation in the Improvements shall be in an
amount not to exceed$2,300,000.00 ("Participation"); and
WHEREAS, Developer shall pay for any cost that e),_ceed the City's Participation
amount; and
WHEREAS, Owner will execute a deed with the City to transfer ownership of Lot
24X, Block 1, Sun Valley Industrial Park Addition to the City of Fort Worth (as de
Plat FS-17-027),upon completion of construction of the Improvements; and OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017 FT.WORTH,TX
Page 2 of 14
WHEREAS, Developer desires to provide elective maintenance to the regional
detention basin pursuant to a Storm Water Detention Pond Maintenance Services Agreement
between Developer and City that will be executed upon completion of construction of the
Improvements,but prior to acceptance of the Improvements by the City;and
WHEREAS,the City has requested the Developer to cause,and the Developer agrees
to cause,the design,permitting and construction of the Project for which the City will,subject
to City Council approval, reimburse the Developer for the City's portion of those costs after
City's final acceptance of 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) to submit a signed affidavit of bills paid signed by its contractor 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
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.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 3 of 14
D. The following checked exhibits describe the Improvements and are incorporated herein:
Water (A) ❑, Sewer (A-1) ❑, 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 II,paragraph 7 of the Policy and the contracts for the construction
of the public infrastructure 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 prequalifred, insured, licensed
and bonded to do work in public ways and/or prequalifred 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.
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 and
Developer 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.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 4 of 14
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 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 will be responsible for the costs of utility relocation
necessitated by the City's participation in this Agreement.
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
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 5 of 14
account of any injuries(including death)or damages sust,lined by any persons or to any
property, resulting from or in connection with the constra,ction, design,performance or
completion of any work to be performed by said Developer, his contractors,
subcontractors, officers, agents or employees, or in cf,nsequence 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.
M. The 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 neWizence of the �'ity 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.
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 set forth in the Cost Summary Table
below.
P. COMPLETION WITHIN 2 YEARS
i. The City's obligation to participate (exclusive of front foot charges) in this
Agreement shall terminate if the Improvements are not completed 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 (1) additional year. If the Improvements are not completed within such
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 6 of 14
extension period, there will be no further obligation of the City to participate.
City participation in this CFA shall be subject to the annual availability of City
funds as approved by the City Council.
ii. Subject to paragraph i, above,the City shall reimburse Developer for the City's
costs upon presentation of proper documentation of completion of installation
of the Oversized Improvements as set forth in section V of this Agreement.
iii. 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.
iv. 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.
V. The City may utilize the Developer's financial guarantee to cause the payment
of costs for construction of the Improvements 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 Agreement, 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 Agreement.
R. IMMIGRATION NATIONALITY ACT.
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
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 7 of 14
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.
S. Notwithstanding anything to the contrary herein,City's total liability to Developer pursuant
to this Agreement shall not exceed$2,300.000.00. If the City's seventy-five percent 75%
of the Project costs exceed $2,300,000.00, Developer agrees to pay any amount that
exceeds the City's $2,300,000.00 liability in this Agreement.
T. Owner agrees to execute a deed with the City to transfer ownership to the City of Lot 24X,
Block 1, Sun Valley Industrial Park Addition to the City Worth(as depicted in Plat FS-17-
027), upon completion of construction of the Improvements. Said deed shall not convey
ownership of the masonry screening wall already constructed on the lot. Ownership of the
wall shall remain with Owner and Owner agrees to execute an encroachment agreement
with the City for the wall to remain on the lot.
U. Developer desires to provide elective maintenance to the regional detention basin pursuant
to a Storm Water Detention Pond Maintenance Services Agreement between Developer
and City which Developer agrees to execute upon completion of construction of the
Improvements,but prior to acceptance of the Improvements by the City.
V. Developer shall be authorized to receive reimbursement from the City for the City's
Participation in the cost of the Improvements in accordance with this section as
construction of the Improvements progresses.
(1) Developer may,no more frequently than monthly,request reimbursement from City for
the City's proportionate share of the Improvements in which the City is participating
that have been constructed and approved by the City.
(2) Each request from Developer for reimbursement must be delivered to City in writing
and include the following:
(a) a certification from Developer of the Improvements the City is participating in that
have been constructed in compliance with the plans,which have been verified by
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 8 of 14
the City's inspections thereof such verification not to be unreasonably withheld or
delayed;
(b) delivery to City of conditional lien waivers for the current request for payment and
unconditional lien waivers evidencing payment to all contractors, subcontractors
and material suppliers for the Improvements that have been constructed as of the
prior request for payment; and
(c) a request for the City to reimburse Developer for the amount of the Improvements
that have been constructed that are the subject of the request in an amount equal to
the City's Participation in those Improvements.
(3) Upon approval of each request for payment from the Developer, City shall reimburse
Developer for the City Participation for the Improvements that have been constructed
for which the City is participating. City will not reimburse Developer Improvements
that have not been constructed or for materials stored on site. City shall make payment
to Developer in accordance with the Prompt Payment Act, chapter 2251 of the Texas
Government Code.
(4) Following Developer's completion of the Improvements,Developer may request a final
reimbursement for any City Participation owed to Developer for Improvements that
have been constructed for which the City is participating and has not reimbursed
Developer. The request for final reimbursement must be delivered to City in writing,
and must include the following:
(a) a copy of the City's acceptance letter for all the Improvements;
(b) a certification from Developer stating that the Improvements have been
completed in compliance with the plans, which shall be verified by City's
inspections thereof; and
(c) Unconditional lien waivers evidencing payment in full of all costs incurred by
contractors, subcontractors, and material suppliers with respect to the
Improvements as of the prior request for payment.
(5) City will reconcile the CFA to determine the final amount owed to Developer in order
to reach the 75% City, 25% Developer cost split required by the Development
Agreement and then make the final payment to the Developer accordingly. Developer
will then deliver to the City, within thirty days of City's payment to Developer, final
lien waivers evidencing that that all contractors, subcontractors,and material suppliers
have been paid in full for construction of the Improvements.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 9 of 14
Cost Summary Sheet
Project Name: Sun Valley Detention Pond
CFA No.: 2017-075 City Project No.: 100093
Items Developer's Developer's Cost City's Cost Total Cost
Optional Items
A. Water and Sewer Construction
1. Water Construction $ $ $
2.Sewer Construction $ $ $
Water and Sewer Construction Total $ $ $
B. TPW Construction
1.Street $ $ 831,259.66 $ 831,259.66
2.Storm Drain $ $ 824,239.30 $ 824,239.30
3.Street Lights Installed by Developer $ $ - $ -
4. Signals $ _ $ - $
TPW Construction Cost Total $ $ 1,655,498.96 $ 1,655,498.96
Fence Upgrade,Trees,Irrigation* $ 49,570.00
Total Construction Cost(excluding the fees): $ 49,570.00 $ $ 1,655,498.96 $ 1,705,068.96
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ $ $
D. Water/Sewer Material Testing Fee(2%) $ _ $ $
Sub-Total for Water Construction Fees $ $ $ -
E. TPW Inspection Fee(4%) $ $ 66,219.96 $ 66,219.96
F. TPW Material Testing(2%) $ $ 33,109.98 $ 33,109.98
G. Street Light Inspection Cost $ $ - $ -
H. Signals Inspection Cost $ $ $
1.Civil/Geotechnical Engineering&Survey(20%) $ - $ $ -
TPW Construction Fees Subtotal $ - $ 99,329.94 $ 99,329.94
Total Construction Fees $ - $ 99,329.94 $ 99,329.94
TOTAL CONSTRUCTION COST(with fees) $ 49,570.00 $ 1,754,828.90 $ 1,804,398.90
Engineering $ 140,618.91 $ 120,831.09
Land Value $ 484,601.08
TOTAL PROJECT COST $ 49,570.00 625,219.99** 1,875,659.99** $ 2,550,449.98
Financial Guarantee Options,choose one Amount Choice
(Mark one)
Bond=100% $
City Participation Funds Held by City $ 1,655,498.96 X
Cash Escrow Water/Sanitary Sewer=125% $
Cash Escrow Paving/Storm Drain=125% $
Letter of Credit=125%w/2yr expiration period
*Fence,Tree and Irrigation Cost are not part of the 75%City/25%Developer cost share
**Pursuant to the Development Agreement,City and Developer
will reconcile the Project costs after construction of the Project.
The costs stated herein may be based upon construction estimates rather than actual costs. The
City's portion of inspection and material testing fees are directly allocated to the City's
accounts for charges and does not reimburse the Water Inspection and Material Testing Fees
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 10 of 14
to the Developer. The City's participation estimate shall be limited to the unit prices contained
in City of Fort Worth Ordinance No. 19192-06-2010,as amended,("Unit Price Ordinance")or
as determined by public competitive bid. The City's cost participation (excluding inspection
and material testing fees) is not a lump sum amount and may be less than stated above
depending upon actual quantities as shown on the Notice of Final Completion package(`Green
sheet') and based on unit prices from the construction contract documents. In no event shall
the City pay more per unit than as determined pursuant to the Unit Price Ordinance or public
competitive bid.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 11 of 14
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 executed this instrument in quadruplicate,effective as of the date subscribed by the City's
designated City Manager.
CITY OF FORT WORTH DEVELOPER
Sun Valley Developers,LLC
unalm A Texas Li'm__ii't//e//d Liability Company
Dana Burghdoff(Ju 12,2019 SLt/2/7P,LL/1't!,('-flGiNLLiL
Dana Burghdoff Sandra McGlothlin(Ju112,2019)
Interim Assistant City Manager Name: Sandra McGlothlin
Title: Managing Member
Date: Jul 12,2019
Date: J u 112,2019
Recommended by:
ATTEST: (Only if required by Developer)
Tennifer Eaernack
Jennifer Ezernack(Jul 12,2019)
Evelyn Roberts
Contract Compliance Specialist Signature
Approved as to FormA&Legality: Name:
Richard A.McCracken(Jul 12,2019) OWNER
Richard A. McCracken Sun Valley Industrial Park, L.P.
Assistant City Attorney A Texas Limited Partnership
M&C No. C-29057(3/19/19)
Jul 12,zo19 By: McGLothlin Equities, L.L.C.
Date: A limited liability company
Form 1295: '' Its general partner
a-�FORT6'L
Siuu7��McC�fi�
ATTEST: Q; O� Sandra McGlothlin(Jul 12,2019)
Name: Sandra McGlothlin
nary T. Kc sv er Title: Director
Mary J.Kayser(Jul 15,20191 U
Mary J. Kayser * ' * Date: J u l 12,2019
City Secretary
Contract Compliance Manager: '
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
rU / .Ir
Evelyn Robe As(Jul 12�,20,1✓9)'y
Janie S. Morales
Development Manager OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017 FT. WORTH,TX
Page 12 of 14
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 Cost Estimate
❑ Exhibit A-1: Sewer Improvements
❑ Sewer Cost Estimate
® Exhibit B: Paving Improvements
® Paving Cost Estimate
® Exhibit B-1: Storm Drain Improvements
® 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 with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 13 of 14
LOCATION MAP
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City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Sun Valley Detention Pond
CFA Official Release Date:01.22.2017
Page 14 of 14
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00 42 43
DM-RID PROPOSAL
No 1 of 2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM ADDENDUM N3
UNIT PRICE PROPOSAL Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item Specification Unit of Proposal
No. Description Section No. Measure Quantity Unit Price Proposal Value
UNIT III:DRAINA E IMP OVEMENTS
1 0241.3017 Remove 30"Storm Line 0241 14 LF 36 $30.00 $1,080.00
2 3305.0109 Trench Safety 33 05 10 LF 973 $1.00 $973.00
3 3305.0116 Concrete Encasement for Utility Pipes 33 05 10 CY 8 $300.00 $2,400.00
4 3341.0205 24"RCP,Class III 3341 10 LF 681 $135.00 $91,935.00
5 3341.0302 30"RCP,Class III 3341 10 LF 9 $159.00 $1,431.00
6 3341.0309 36"RCP,Class III 334110 LF 134 $290.00 $38,860.00
7 3341.0402 42"RCP,Class III 33 41 10 LF 96 $248.00 $23,808.00
8 3341.0409 48"RCP,Class III 3341 10 LF 53 $360.00 $19,080.00
9 3349.0001 4'Storm Junction Box 33 49 10 EA 1 $6,100.00 $6,100.00
10 3349.0002 5'Storm Junction Box 33 49 10 EA 2 $5,200.00 $10,400.00
11 3349.2003 24"Parallel Headwall,1 pipe 33 49 40 EA 2 $4,950.00 $9,900.00
12 3349.2011 48"Parallel Headwall,1 pipe 334940 EA 1 $15,100.00 $15,100.00
13 3349.7001 4'Drop Inlet 33 49 20 EA 1 $5,300 00 $5,300.00
14 3349.7003 6'Drop Inlet 33 49 20 EA 3 $8,450.00 $25,350.00
15 3349.9003 4'Grate Inlet 33 49 20 EA 1 $6,650.00 $6,650.00
16 9999.0001 Cone.Retaining Wall 99 99 01 SF 10224 $53.00 $541,872.00
17 9999.0002 Flexamat Slope Armoring Mat 99 99 02 SF 2963 $8.10 $24 000.30
T TAL gUIT III:DRAINAGE IMPROVEMENTS $824,239.30
UNIT IV:PAVING IMPROVEMENTS
1 0170.0100 Mobilization 01 7000 LS 1 $68,000.00 $68,000.00
2 0241.0900 Remove Misc Cone Structure 0241 13 LS 1 $1,250.00 $1,250.00
3 0241.1000 Remove Cone Pvmt 0241 15 $Y 3094 $6.00 $18,564.00
4 0241.1100 Remove Asphalt Pvmt 0241 15 SY 102 $18.00 $1,836.00
5 0241.1300 Remove Cone Curb&Gutter 0241 15 LF 1452 $2.00 $2,904.00
6 3110.0101 Site Clearing 31 1000 LS 1 $2,500.00 $2,500.00
7 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 45239 $9.12 $412,579.68
8 3125.0101 SWPPP Z 1 acre 31 2500 LS 1 $4,700.00 $4,700.00
9 3137.0101 Concrete Riprap 31 37 00 SY 1587 $77.00 $122,199.00
10 3137.0103 Large Stone Riprap,grouted 31 37 00 SY 391 $59.00 $23,069.00
11 3201.0203 Asphalt Pvmt Repair Beyond Defined Width, 34 01 17 SY 102 $100.00 $10,200.00
12 3213.0103 8"Cone Pvmt 32 13 13 $Y 225 $113.00 $25,425.00
13 3211.0400 Hydrated Lime 32 11 29 TN 5 $175.00 $875.00
14 3211.0502 8"Lime Treatment 3211 29 SY 237 $35.00 $8,295.00
15 3216.0101 6"Cone Curb and Gutter 321613 LF 541 $12.00 $6,492.00
16 3231.0123 6'Chain Link,Aluminum 3231 13 LF 427 $25.00 $10,675.00
17 3292.0100 Block Sod Placement 32 92 13 SY 13397 $7.34 $98,333.98
18 3471.0001 Traffic Control 3471 13 MO 2 $1,000.00 $2,000.00
19 9999.0003 12"Cone Curb and Gutter 99 99 03 LF 494 $23.00 $11,362.00
T L UNIT IV:PAVINQ IbIPROVEMENTS $831,259.66
Base Bid Proposal Summary
UNIT III:DRAINAGE IMPROVEMENTS $824,239,30
UNIT IV-PAVING IMPROVEMENTS $831,259.66
Total Base Constmetion Proposal $1,655,498.96
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Pam Version Sepoenlw 1,2015 2019 Sun Valley Pay items
00 42 43
DAP-BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM ADDENDUM N3
UNIT PRICE PROPOSAL Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item Specification Unit of Proposal
No. 7Description Section No I Measure I Quantity Unit Price Proposal Value
ADDENDUM N3
ADDITIVE ALTERNATIVE BID#1
1 9999.0004 6'Wrought Iron Fence 99 99 04 LF 1 427 $65.00 $27,755.00
2 3231.0123 6'Chain Link Aluminum 13231 13 LF 427 $25.00 - 10 675.00
ADDITIVE ALTERNATIVE BID#2
1 13293.0102 Plant 2"Tree 1329343 1 EA 1 18 $555.001 $9,990.00
ADDITIVE BID ITEM#1
Underground City Water Irrigation system,Design-Build
per State regulations,including 1"water meter,backflow
1 preventer,piping,heads,controller and installation as EA 1
stated on the project plans
$22,500.00 $22,500.00
Total Construction Proposal(including Additive Alternatives) $1,705,068.96
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 240 calendar days after the date when the
CONTRACT commences to run as provided in the General Conditions.
CITY OF FORT WORTFI
ST ANDARD CONSTRUCTION SPECIFICATION DOCUhtISN'TS-DEVELOPER AWARDED PROJECTS
Forth Version September 1.2015 2019 Sun Valley Pay items
M&C Review Pagel of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRIr—
TWORTH
COUNCIL ACTION: Approved on 3/19/2019
06SUN VALLEY
DATE: 3/19/2019 REFERENCE NO.: **C-29057 LOG NAME: REGIONAL DTN. DEV.
AGT.
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Development Agreement and Community Facilities Agreement
with Sun Valley Industrial Park, L.P., Sun Valley Properties, L.P., South Loop 820, L.P.,
Mosson L.P., 5301 Sun Valley Drive, L.P., SM Equities, LLC, and Sun Valley Developers,
LLC, with an Estimated Project Amount of$2,978,864.81, with City Participation in an
Amount Not to Exceed $2,300,000.00 for the Construction and Oversizing of a Public
Regional Stormwater Detention Facility (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Development Agreement and
Community Facilities Agreement with Sun Valley Industrial Park, L.P., Sun Valley Properties, L.P.,
South Loop 820, L.P., Mosson L.P., 5301 Sun Valley Drive, L.P., SM Equities, LLC., and Sun Valley
Developers, LLC, in the estimated amount of$2,978,864.81 with City Participation in an amount not
to exceed $2,300,000.00 for the construction and oversizing of a public regional stormwater detention
facility to serve the Sun Valley Industrial Park and anticipated future development in the surrounding
area.
DISCUSSION:
Sun Valley Industrial Park, L.P., Sun Valley Properties, L.P., South Loop 820, L.P., Mosson L.P.,
5301 Sun Valley Drive, L.P., and SM Equities, LLC, and Sun Valley Developers, LLC (Developers),
intend to develop their properties located in the Sun Valley Industrial Park area of the City of Fort
Worth as depicted on the map attached to this Mayor and Council Communication (M&C). Detailed
Stormwater detention modeling was performed by Dunaway Associates, L.P., to design a regional
detention basin that will provide mitigation of flooding conditions for Developers' properties and other
properties located in the Southern Sub-Region of Sun Valley Industrial Park. The detailed drainage
study determined that Developer's proportional share of the cost of the regional stormwater detention
facility is 25 percent and the City's share of the cost is 75 percent.
The regional stormwater detention facility will be constructed by Developers pursuant to a Community
Facilities Agreement and will be publicly bid. The regional detention facility will be a public facility
owned by the City of Fort Worth. As part of the agreement, the Developers will donate 3.361 acres of
land to the City. A formal appraisal has determined that the value of the 3.361 acres is $3.31 per
square foot, for a total land value of$484,601.08. The Developers are also contributing engineering
design costs for the project. The Developers will receive credit towards their 25 percent of the cost of
the regional stormwater detention facility for the value of the donated land and the engineering cost.
Developers are also constructing a private linear detention pond to serve Developers' properties
located in the Northern Sub-Region of Sun Valley Industrial Park. The City will not participate in the
cost of the linear detention pond. Both the linear detention pond and the regional detention facility will
provide stormwater mitigation benefits for Developers' properties when they are developed in the
future.
The City and Developers desire to execute a Development Agreement to establish the duties and
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M&C Review Page 2 of 3
responsibilities of the parties and the benefits conferred by the regional detention facility and the
private linear detention pond.
The major terms of the Development Agreement with regard to the regional stormwater detention
facility are:
(1) The City's share of the cost is 75 percent and the Developers' share is 25 percent. However, the
City's participation shall not exceed $2,300,000.00 and Developers will be responsible for any cost
that exceeds that amount.
(2) The regional stormwater detention facility will be owned by the City and the lot where the facility is
located will be transferred to the City after construction of the facility pursuant to a separate M&C.
(3) The City will be responsible for maintaining the regional stormwater detention facility. Developers,
or a property owners association created by Developers, will adopt the regional detention facility in
order to provide enhanced landscaping and maintenance for the facility. Through the adoption
agreement, Developers will maintain the pre-cast screening wall on the lot, the decorative fencing
surrounding the facility and may plant and maintain trees, shrubs, and other plantings.
(4) The mitigation benefits provided by the regional stormwater detention facility to Developers'
properties will run with land and be transferable by Developers to future purchasers of Developers'
properties.
The estimated cost of the regional stormwater detention facility is depicted below. The reimbursement
of the City participation, excluding inspection and material testing fees, is not a lump-sum amount and
may differ depending upon the bids received and the actual quantities from the Notice of Final
Completion Package, commonly referred to as the Green Sheet Package.
Developer City Cost
TPW Construction Cost 25% 75% Total Cost
1. Street $0.00 $903,366.40 $903,366.40
2. Storm Drain $0.00 $872,081.00 $872,081.00
3. Street Lights Installed by
Developer 1 $0.001 $0.00 $0.00
-Contingency 20% $0.00 $355,089.48 $355,089.48
Total Construction Cost
-(excluding the fees): $0.00 $2,130,536.88 $2,130,536.88
A. TPW Inspection Fee (4%) $0.00 $71,017.90 $71,017.90
B. TPW Material Testing (2%) $0.00 $35,508.95 $35,508.95
C. Street Light Inspection Cost
(4%) $0.00 $0.00 $0.00
Total Construction Fees $0.001 $106,526.85 $106,526.85
Other Cost Developer City
Engineering Fee $257,200.00 $0.00 $257,200.00
Land Cost $484,601.08 $0.00 $484,601.08
Total Other Cost $741,801.08 $0.00 $741,801.08
TOTAL PROJECT COST TPW $741,801.08 $2,237,063.73 $2,978,864.81
TOTAL PROJECT COST $741,801.08 $2,237,063.73 $2,978,864.81
Percentage 25% 75% 100.00%
The major terms of the Development Agreement with regard to the private linear detention pond are:
(1) The City will not participate in the cost of the linear detention pond.
(2) The Developers owning the lots where the pond is located will execute a Stormwater Facility
Maintenance Agreement whereby they will be responsible for maintaining the linear detention pond.
The Developers may contract with a property owners association created by the Developers to
provide the maintenance.
(3) The mitigation benefits provided by the linear detention pond to Developers' properties will run
with land and be transferable by Developers to future purchasers of Developers' properties.
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M&C Review Page 3 of 3
The anticipated operating impacts for proposed City maintenance responsibilities for the public
regional stormwater detention facility are expected to be less than $5,000.00 annually.
This development is located COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are
available in the current capital budget, as appropriated, of the Stormwater Capital Projects Fund and
the Stormwater Capital Projects - Bonds Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Janie Morales (7810)
ATTACHMENTS
1295 Forms_Redacted.pdf
CONCEPTUAL IMPROVEMENTS EXHIBIT.pdf
Sun Valley Service Area A Exhibit A.pdf
SUN VALLEY VICINITY MARK
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26779&councildate=3/19/2019 7/15/2019