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SHORT FORM COMMUNITY FACILITIES AGREEMENT
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WHEREAS, this Agreement is by and between the City of Fort Worth, a Texas municipal
corporation ("City"), Industrial Develouments International (Texas), L.P., authorized to do
business in Texas ("Developer"), and TRI DAL UTILITIES, LTD., authorized to do business in
Texas, ("Contractor"). The parties named herein may collectively be referred to as a "Party" or
the "Parties"; and
WHEREAS, the Developer is the owner and/or developer of that certain property located
within the City of Fort Worth's city limits at 16101 Three Wide Drive (provide general
description, street address, legal description) as shown on Attachment "A" incorporated herein;
and
WHEREAS, Developer desires to make improvements to the property consisting
generally of warehouse/distribution facility (general description) as shown on Attachment "B"
("Site Plan"), incorporated herein; and
WHEREAS, pursuant to City of Fort Worth planning policies, Developer is to install
certain community facilities consisting of stormwater facilities (general description) and valued
at no more than $200,000.00 (including construction costs) ("Improvements"), as shown on
Attachment "C" ("Engineers Estimate of Costs"), incorporated herein; and
WHEREAS, Developer has engaged Contractor under a private contract ("Developer
Contract") to perform the work described herein and as depicted on the attachments hereto; and
WHEREAS, Developer is not seeking City's financial participation, nor is City
requesting Developer to oversize the Improvements and City is not providing any funding
toward the Improvements.
NOW, THEREFORE, City, Developer and Contractor hereby agree as follows:
AGREEMENT
I.
Contractor hereby agrees to furnish all labor, materials, tools and the necessary
equipment for the construction and installation of the Improvements as indicated in Attachment
C.
II.
The construction and installation of the Improvements shall be performed according to
the City's current Standard Specifications for Public Improvements including the Standard City
Conditions of the Construction Contract for Developer Awarded Projects, as each may be
Short Form CFA (Issued 2.07.2013) Page 1 of 9
RECEIVED DEC 262013
qtEIVEJ DEC 3 1 2013
OFFICIAL P ECORD
CITY SECRETAEtY
io WORTH, `ii'1(
amended from time to time, and any applicable Special Provisions as may be required for the
Project. Where any discrepancies occur between the Special Provisions and the Standard
Specifications, the Special Provisions shall govern. Such construction and installation and the
location thereof shall be approved by the City's Director of the Transportation and Public Works
Department, or his or her designee, prior to beginning work.
A. It is agreed by and between the parties that the City has an interest in the proper
performance of the installation of the Improvements Developer and Contractor hereby grant to
the City a non-exclusive right to enforce the Developer Contract for the installation of the
Improvements along with an assignment of all warranties given by 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.
B. The Policy for the Installation of Community Facilities dated March 2001,
approved by the City Council of the City of Fort Worth and as subsequently amended (the
"Policy"), is hereby incorporated by reference as part of this Agreement for all purposes. Unless
otherwise specifically stated herein, Developer agrees to comply with all provisions of the Policy
applicable to a "Developer in the performance of its duties and obligations hereunder and
Contractor agrees to comply with all provisions of the Policy applicable to a Developer's
contractor as described by the Policy.
C. Developer shall not be required to provide a developer's financial security.
D. Contractor agrees to cause the construction of the Improvements 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 Improvements and the exhibits attached hereto.
E Developer shall pay to the City, in cash, fees for the construction inspection (4%)
and material testing (2%) based on the construction cost of the Improvements.
F. Prior to acceptance of the Improvements by the City, Developer and Contractor
must provide in writing a statement that Contractor has been paid in full by Developer for all
services related to the Improvements. Additionally, Contractor will submit an Affidavit of Bills
Paid and Consent of Surety signed by the general contractor's surety (if any) to ensure that all
subcontractors and suppliers for the Improvements have been paid in full.
G. Developer shall award and oversee all contracts for the construction of the
Improvements
H. Except as otherwise stated in this Agreement, Section II, Paragraph 8,
Administration of the Construction Contract, Subsections B., C. 1, C. 3, C. 4, C. 6, F. and G. of
the Policy do not apply.
I. Contractor must be prequalified to perform work by the director of the department
having jurisdiction over the infrastructure to be constructed, said contractor to also meet City's
requirements for being insured, licensed and bonded to do work in public streets.
J. Contractor shall give 48 hours' notice to the City's Construction Services
Division of intent to commence construction so that City inspection personnel will be available;
Contractor shall allow the construction to be subject to inspection at any and all times by City
inspection forces, and shall 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 Contractor
shall make such laboratory tests of materials being used as may be required by the City.
K. Developer and Contractor shall have fully executed contract documents submitted
to the City prior to scheduling a Pre -Construction Meeting. The submittal should occur no less
than 10 woiking days prior to the desired date of the meeting. No construction will commence
without a City -issued Notice to Proceed to Contractor.
L. Developer agrees to provide, at its expense, all engineering drawings and
documents necessary to construct the improvements required by this Agreement
M. The City shall not be responsible for any costs for the relocation of any utilities
that are or may be in conflict with any of the community facilities to be installed hereunder.
The following checked items are associated with the project being undertaken; checked
items must be included as Attachments to this Agreements
Included Attachment
X
N/A
N/A
N/A
N/A
N/A
N/A
X
X
N/A
N/A
Location Map
Exhibit A: Water Improvements
Water Estimate
Exhibit A-1: Sewer Improvements
Sewer Estimate
Exhibit B: Paving Improvements
Paving Estimate
Exhibit B-1: Storni Drain Improvements
Storm Drain Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Estimate
IV.
A. It is agreed by and between the parties that a Maintenance Bond, in the form as
provided by City in the amount of One Hundred Percent (100%) of the Improvements shall be
furnished by Contractor in favor of City for a period of two (2) years from the date of acceptance
of the Improvements
Short Form CFA (Issued 2.07.2013) Page 3 of 9
B In the event the amount of this contract is in excess of the sum of Twenty -Five
Thousand Dollars ($25 000.00), a Performance Bond, in the form as provided by City, in the
amount of One Hundred Percent (100%) of the Improvements shall be furnished by Contractor in
favor of Developer and City.
C. In the event the amount of this contract is in excess of the sum of Twenty -Five
Thousand Dollars ($25,000.00), a Payment Bond, in the form as provided by City, in the amount
of One Hundred Percent (100%) of the work shall be furnished by Contractor in favor of City
and Developer and is intended for the benefit of all persons, firms and corporations who may
furnish materials for or perform labor under this Agreement and the Developer Contract.
V.
Developer hereby agrees to pay Contractor for the work performed hereunder pursuant to
the Developer Contract.
VI.
A copy of the Standard Specifications for Public Works Construction can be obtained by
the Contractor the City of Fort Worth's Buzzsaw site at http://bit.ly/XWa0vi
VII.
This contract shall bind the parties, their heirs, successors, assigns and representatives for
the full and faithful performance of the terms hereof, jointly and severally.
VIII.
It is understood and agreed that all installations of Improvements made under the terms of
this Agreement shall, upon acceptance of same by the City, immediately become the property of
the City, as provided for by separate instrument, or this Agreement.
IX.
A. The Developer 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.
B. Contractor covenants and agrees to, and by these presents does hereby, fully
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 vart, by the alleged negligence of the City of Fort Worth, its
officers, servants, or employees. Further, Contractor indemnifies, and holds 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.
X.
Contractor shall, at its own expense, purchase, maintain and keep in force during the term
of this Agreement such insurance as set forth below. Contractor shall not commence work under
this contract until it has obtained all the insurance required under the Agreement and such
insurance has been reviewed by the City; nor shall the Contractor allow any subcontractor to
commence work on his subcontract until all similar insurance of the subcontractor has been
obtained. All insurance policies provided under this contract shall be written on an 'occurrence"
basis.
WORKERS' COMPENSATION INSURANCE
Workers' Compensation
Employers Liability
LIABILITY INSURANCE
Statutory Limit
$100,000 Each Accident.
$500,000 Disease Policy Limit
Commercial General Liability $1,000,000 Per Occurrence
$2,000,000 Aggregate
(No standard coverages are to be excluded by endorsement)
AUTOMOBILE LIABILITY INSURANCE
Short Form CFA (Issued 2 07 2013) Page 5 of 9
Commercial Auto Liability Policy $500,000 Combined Single Limit
(Including coverage for owned, hired, and non -owned autos)
UMBRELLA LIABILITY $1,000,000 Each Occurrence
(Following Form and Drop Down provisions included)
It is agreed by all parties to this contract that the insurance required under this contract shall:
(A) Be written with the CITY OF FORT WORTH as an additional insured on
General, Automobile and Umbrella Liability Insurance policies.
(B) Provide for thirty (30) days written notice to the CITY OF FORT WORTH,
before any insurance is cancelled, non -renewed or material changed, or any
other cause.
(C) Be written through companies duly authorized to transact that class of
insurance in the State of Texas. Companies shall have a minimum A.M. Best
rating of A VII
(D) Waive subrogation rights for loss of damage so that insurers have no right of
recovery or subrogation against the CITY OF FORT WORTH, it being the
intention that all required insurance policies shall protect all parties to the
contract and be primary coverage for all losses covered by the policies.
(E) Provide Certificates of Insurance evidencing the required coverage Each
original copy of the Agreement shall have a copy of the valid certificate of
insurance attached.
XI.
If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, or conditions of this contract are held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the terms, sections subsections, sentences,
clauses, phrases, provisions, covenants, or conditions of this contract shall remain in full force
and effect and shall in no way be affected, impaired, or invalidated.
XII.
This Agreement is perfoi niable in the State of Texas and shall be governed by Texas
Law. Venue shall be in the county in which the work under this Agreement is performed.
XIII.
This Agreement may be executed in multiple counterparts which, when taken together,
shall be a part of one document
EXECUTED by the parties in multiples, effective as of the later date subscribed by a
Party hereto, as set forth below:
CITY OF FORT WORTH
Thhi&O--DcW-es
By:
Fernando Costa,
Assistant City Manager
Date: lit 124 �3
APPROVED AS TO FORM AND LEGALITY: CONTRACTOR: TRI-DAL, LTD.
DEVELOPER:
INDUSTRIAL DEVELOPMENTS
INTERNATIONAL (TEXAS), L.P.
By: ID INTERNATIONAL (TEXAS),
LLC., ITS GENERAL PARTNER
By: INDUSTRIAL DEVELOPMENTS
INTERNATIONAL, LLC, ITS SOLE
MEMBE
4111.1?
By: win?
Assistant City Attorney
ATTEST:
By:
Mary J. Kay
City Secretary
Short Form CFA (Issued 2.07.2013)
Page 7 of 9
By:
Th'?hyJ.GUflter
TITLE President
Date: 12 /0(7/3
By:
NAME:
TITLE
Date:
•
FFICIAf1. RECORD
LCITY
S
[7 WORTH,
ECRETAKV
TX
EXECUTED by the parties in multiples, effective as of the later date subscribed by a
Party hereto, as set forth below:
CITY OF FORT WORTH
DEVELOPER:
INDUSTRIAL DEVELOPMENTS
INTERNATIONAL (TEXAS), L.P.
By: ID INTERNATIONAL (TEXAS),
LLC., ITS GENERAL PARTNER
By: INDUSTRIAL DEVELOPMENTS
INTERNATIONAL, LLC, ITS SOLE
MEMBER
By: By:
Fernando Costa,
Assistant City Manager
NAME
TITLE
Date: Date:
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
ATTEST:
By:
Mary J. Kayser,
City Secretary
CONTRACTOR: TRI DAL
UTILITIES, LTD.
By:_ey
♦ 1
NAME: 5-rffic-0</ �✓ ��
TITLE Avcct , /f, / eX
Date: beetwae /2, 74Y-3
M&C:
Date:
Short Form CFA (Issued 2.07.2013) Page 7 of 9
STATE OF TEXAS
COUNTY OF TARRANT 1/E14it §
44
hymanagE-2 -461_
BEFORE ME, the undersigned authori115-57/. c(-71(
ty, Notary Public in and for the State of Texas, on this
day personally appeared-Vernando Costa, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
City of Fort Worth, and that he executed the same as the act of City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFIC ,his 211day o
eenle120 13
Notary Public in and for the State of Texas
P(,tie
•-
41. ;iv re
iet 0 i4.‘‘
•
EVONIA DANIELS
Notary Public, State of Texas
My Commission Expires
July 10, 2017
STATE OF GEORGIA
COUNTY OF FULTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Georgia, on this
day personally appeared t 6L \ 37. ,,,, , known to me to be the person whose
name is subscribed to the foregoing instrument, and ac owled ed to me that the same was the
g g land
act of Developer i pc dS e�'�ni on , r� that he executed the same
as the act of Industrial Developments International (Texas), LP by its General Partner, ID
International (Texas), LLC., By: Industrial Developments International, LLC, its sole member
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 'J )11 day of CI-ce--AisnL72, 013
Notary Public in and for the State of Georgia
Cern. G Balsamtdes
My Commission Expires
October 10.2017
e
Short Form CFA (Issued 2.07.2013) Page 9 of 9
E
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""-TEXAS MOTOR
SPEEDWAY
VICINITY MAP
S?EEDWAY MST
OWNED/DEVELOPED BY:
IDI
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BUILD
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LOCATED R4
Un Y OF FORT WORTH, 3aS
®.lE. # 7128
Atlanta • Chicago • Cincinnati aTY PROF. # 02185
Dallas • Ft. Lauderdale • Memphis
Los Angeles • Philadelphia
Two Lincoln Cenlre, Suite 1275
5420 LBJ Freeway
Doges, TX 75240
Phone! (9721 560-7000
Fax ' (972 1 560-7007
NOVEMBE, 2013
PREPARED BY:
CML ENGINEERS — PLANNERS — SURVEYORS
2406 Mustang Drive, Grapevine, Texas 76051
Metro (817) 329-4373
El \10276\Plons\BUILDING A\Pions\Building A.pro Tue Dec 03 11 t 111 54 2013
SPEEDWAY DIS 1 l II e;UTION CENTER,
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STORM DRAIN EXHIBIT "B-11"
PRIVATE S.D. LATERAL —
PROPOSED 15' D.E.
PRIVATE S.D. LATERAL
T
GRAPHIC SCALE
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-- PRIVATE S.D. LATERAL
— EX S.D. LINE
27' R.C.P. LEGEND
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PRIVATE S.D. LINE
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PRIVATE S.D. LATERAL
200'
PROPOSED STORM DRAIN LINE
EXISTING STORM DRAIN LINE
r • r J PROPOSED ROCK RIP -RAP
PREPARED BY:
GOODWIN&
HALL
CIVIL ENGINEERS — PLANNERS — SURVEYORS
2405 Mustang Orrin), Grapevine, Texas 78051
Metro (617) 329-4373
OWNED/DEVELOPED BY:
IDI
Atlanta•ChicagooCincinnati
Dallas • Ft. Lauderdale • Memphis
Los Angeles • Philadelphia
Two Lincoln Centre, Suite 1275
5420 LBJ Freewoy
Doke. TX 75240
Phone (972) 560-7000
Fox, (972) 560-7007
• :- • • • • ; • . • \10276- Pions \ BUILDING A \ Plorrs.,KBuiEd-ing-.4wro-Rte- Dec. 03 11: Ill 49 -2013.
LEGEND
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SPEEDWAY DISTRIBUTION CIENTEa
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Pole Assembly
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TO REMAIN
t Sta. 7+50.00 THREE WIDE DRIVE
29.00 Lt — RELOCATE LIGHT
POLE 45 FT. NORTH
PREPARED BY:
GOOD'
CML ENGINEERS - PLANNERS - SURVEYORS
2405 Mustang Drive, (3rapevino, Toxas 78051
Motro (S17) 329-4373
OWNED/DEVELOPED BY:
IDI
Atlanta. Chicago • Cincinnati
Dallas • Ft. Lauderdale • Memphis
Los Angeles • Philadelphia
Two Lincoln Centre, Suite 1275
5420 LBJ Freeway
Cocks, TX 75240
Phone' (972 1 560-7000
Fax' (972 1 560-7007
Eii \ 10276\Pions\BUILDING A
Plops\Building A.pro Tue Dec 03 II :it 159 2013
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID
Bidlist Item
No.
3137.0104
3341.0201
3341.0208
3341.0309
3349.0001
3349.3006
3305.0112
Project Item Information
Description
Medium Stone Rip Rap, Dry
24" Class III R.C.P.
127" Class III R.C.P.
133" Class III R.C.P.
14' Storm Junction Box
133" Straight Headwall
(Concrete Collar
Storm Drain Facilities Subtotal
Payment/Performance/Maintenance Bonds
Storm Drain Facilities Subtotal
2605.3011 2" Conduit PVC SCH 80 (T)
3441.3302 Roadway Illum Foundation TY 3, 5, 6, and 8
3441.3003 Roadway Illumination Assmbly TY 18,18A,19, and D-40
3441.3501 Salvage Street Light Pole
3441.1407 NO 4 Insulated Electric Conductor
Street Light Facilities Subtotal
Specification
Section No.
31 37 00
33 41 10
33 41 10
3341 10
33 49 10
33 49 40
33 05 17
26 05 33
34 41 20
34 41 20
34 41 20
34 41 10
Bid Summary
Storm Drain Facilities Subtotal
Street Light Facilities Subtotal
Unit of
Measure
SY
LF
LF
LF
EA
EA
EA
LF
EA
EA
EA
LF
Bid Quantity
54
152
232
410
1
1
35
1
1
1
105
00 42 43
BID PROPOSAL
Pagel of I
Bidder's Proposal
Unit Price
$15.00
$73.00
$87.74
$106.481
$4,900.001
$1,600.001
$725.00
$20.00
$800.00
$930.00
$500.00
$3.00
Total Bid
J
1
Bid Value
$810.00
$11,096.00
$20,355.68
$43,656.80
$4,900.00
$1,600.00
$1,450.00
$83,868.481
$1,959.00
$85,827.48
$700.00
$800.00
$930.00
$500.00
$315.00
$3,245.00 1
$85,827.48
$3,245.00
$89,072 48
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
COFW HID PROPOSAL SHEET MATRIX REVISED II.xlsx