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HomeMy WebLinkAboutContract 43895 COMMUNITY FACILITIES AGREEMENT THE STATE of TEXAS § City Secretary COUNTY OF TARRANT § Contract No. q�, MI ) WHEREAS, the undersigned Developer ("Developer"') desires to make certain improvements ("Improvements") related to a project as described below ("Project"), an addition to the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this "Agreement" in connection with the Improvements. Developer Information: Developer Company Name: T5 Properties, LLC Address, State, Zip Code: 622 Frenclitown, Argyle, Tx 76226 Phone, E-Mail: (214) 878-2055,jiinsizelove((]�swbell.rlet Authorized Signatory/Title: John M. Sizelove, Manager Project Name: Sizelove Concrete Project Location: 1 1 120 S. Pipeline Rd. Plat Case No.: FS-0 l 4-124 Plat Name: Sizelove Addition Mapsco: 54Y C01.11161 District: 5 City Project No: 01942 CFA: 2012-062 DoE: 6871 To be completed ,stcr ff. Received b - Date: U F OFFICIAL RECORD ITY SECRETARY I -19-1 2 A I I 13 1 N WORTS TX NOW,THEREFORE, KNOW ALL BY THESE PRESENTS: 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 and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort worth, is hereby incorporated into this Community Facilities Agreement ("CFA"') 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 infrastructure. Developer further acknowledges that said process requires the contractor to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub-contractor and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full 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 are made a part hereof: water (A) X Sewer (A-1) _X Paving (B) � Storm Drain (B-1) , Street Lights & Signs (C) 2 E. The Developer shall award all contracts for the construction of commuzlity r 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. F. For all infrastructure included in this Agreement for which the Developer awards construction contracts), Developer agrees to the following: L 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 insured, licensed and bonded to do work in public streets and/or prequalif ed to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the 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 insuring the maintenance and repair of the constructed infrastructure during the terns 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 shall be named as additional insured on ail insurance required by said documents and same will be evidenced on the ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. 3 iv. To require its contractor to give 48 hours notice to the City's Construction Services Division of 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. 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 withOLIt a City-issued Notice to Proceed to the Developer"s contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement until said sewer and water mains and service lines have been completed to the satisfaction of the water Department. G. Developer agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by 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 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. 4 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 req ui red for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of ally 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 riot with /'I es, death or dan?aaes are caused, in whole or in part, by the allezed nezI eirce o the City of Fort Worth, its officers, servants, or entplo vees. 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 trot sttch iniuries, death or damages are causer,, in whole or in Part by the alleored negliaen ce of the City of Fort Worth its officers, servants or enr to vees. 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 5 defects, in conformance with the Policy, and in accordance with all plans and specifications and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City N. 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. 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. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shell terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities are not completed within such extension period, there will be no 6 further obligation of the City to participate. City participation in a CFA shall be subject to the availability of City funds and approval by the Fort Worth City Council. 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 community facilities if at the end of two (2) years from the date of this Agreement the community facilities 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 community facilities or to cause the payment of costs for 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. (REMAINDER of PAGE INTENTIONALLY LEFT BLANK) 7 Cost Summary Sheet Project Name: Sizelove Concrete CFA No.: 2012-062 DOE No.: 6871 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 Developers Cost A. Water and Sewer Construction 1. Water Construction $ 16,567.00 2.Sewer Construction $ 29,224.00 Water and Sewer Construction Total $ 45,791.00 B. TPW Construction 1.Street $ 5,655.65 2.Storm Drain $ - 3.Street Lights Installed by Developer $ - TPW Construction Cost Total $ 5,655.65 Total Construction Cost(excluding the fees): $ 51,446.65 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 915.82 D. Water/Sewer Material Testing Fee(2%) $ 915.82 Sub-Total for Wafer Construction Fees $ 1,831.64 E. TPW Inspection Fee(4%) $ 226.23 F. TPW Material Testing(2%) $ 113.11 G. Street Light Inspsection Cost $ - H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 339.34 Total Construction Fees: $ 2,170.98 Choice Financial Guarantee Options,choose one Amount ck one Bond=100% $ 51,446.65 Completion Agreement= 100%/Holds Plat $ 51,446.65 Cash Escrow Water/Sanitary Sewer=125% $ 57,238.75 Cash Escrow Paving/Storm Drain=125% $ 7,069.56 Letter of Credit=125%wl2 r expiration period $ 64,308.31 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instruiilent to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its fifty Secretary, with the corporate seal of the City affixed, and sa4 De eloper has execute this instrument in ua ruplicate, at Fort Worth,Texas this day of 20 CITY OF FORT WORTH -Reeontiiieiicle-d) tv: Water Department Transportation & Public Works Department Jti .-• �f� Wendy C11 i- abu lal, E BA, P.E. Dougl s W. W iersig, P.E. Developmei t Engineering Manager Director Approved a5 to Form & Le cil its.': Anvo ve(l h v 01y�1V1cr� alter's off 1cv F Doug . Black Fernando Costa Assistant City Attorney Assistant City Manager M&C No. ),,lk Date: I a oo ATTEST: ,a► a°o a�► %0 Q j wm p d o, 0RT P. KfaryfT.)(a)A .K 6�� -°o o°. a City Se� qt %60000o°� -4y ATTEST: T5 Properties, LLC By its Member J&M Sizelove Investments, LLC a: Signature Si rture (Print)Name: PoqTTI f3o4*4 iF6D41- Print Name:John M. Sizelove Title: Manager OFFICIAL RECORD CITY SECRETARY 9 �` �VV R HST Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement l iicl uded Attacliment z Location Map ® Exhibit A: Water Improvements ® water Estimate ® Exhibit A-]: Sewer Improvements ® Sewer Estimate ® Exhibit B: Paving Improvements ® Paving Estimate ❑ Exhibit B-1: Storm Drain Im proveme«ts ❑ Storm Drain Estimate ❑ Exhibit C-. Street Lights and Signs Improvements ❑ Street Lights and Sims Estimate (Remainder of Page Intentionally Left Blank) 10 -2� pegal pkwy QL C) SITE S p'p01'f1Q Rd'yV S Plpel'nt-Rd Cr. All NZ Tube Dr 408 fn innity Blvd A low f t L VICINITY MAP WATER, SEWER & PAVING IMPROVEMENTS FOR SIZELOVE CONCRETE 11120 S. PIPELME RD. 1.52 Acres SIZELOVE ADDITION, Lot 1, BLOCK A G 1000 City of Ft.Worth,Tyrant County,Texas ------------ ---------------- -------------------- prepared bv .................. MONK CONSULTING ENGINEERS, INC. 1" 1000, 1200 W. State Street, Garland Texas 75040 972 272-1763 Fax 972 272-8761 REG NO.: F-2567 2012 Monk Consulting Engineers,Inc., & Rights Reserved date; scale: 8/6/12 1,.-1000' o 0 0 0 0 0 v o 0 0 U) Co C) vo, 0 0 0 0 00, C) Cl) o v o v o 0 0 0 o v ❑ o o ri C"i cfl o M o o °o c i C) brf LO <n � uv'y U cn 00 cv LO c� Cl 00 oa 00 crs J 00 Cl CV _ _ Q3 a N CD �1 r c.D N N r LO LO Edo �Q Q 00 r N [D 00 r b9 6R to 6F} r � 6g 64 614 6f3 ER ? p D w w C) v o o v o 0 o a o 0 0 0 0 0 0 0 W o v a o a o 0 o W o 0 0 0 0 0 o v o U o V- o co a v o o (v v M �i m u7 M o 0 00 ce) 0 1- r� cn m T U to LO cv 'n 00 "T 00 ao 00 d4 Co N Un m to � brk 6l> N c9 N d4 47 t0 qq Sri ni 691 t--" w ni M H- z Z J Ul N N r Y r J 0 O r- r (y p r r r W Q C-) W Q u7 N 00 r I— o F- o W W �- OC Z ~ Z ~ U U W o° W 00 ❑ ❑ r- ti J J W W N N 4=) CD I1 LD "D r r N N r r r- io cD N CD r N C> r 0 co ►J J V f�1 47r I I ! 1 ?C D ?[ z � w � w LU Q = Q = � co W � z DC 0 U5 ui w w � a- Z li U7 v� Q Q ii u1 ui ui Q -i w w .� m LL LL, o CJ c co L cu ar 3 W J G C c o , W m 3 a) � �co CL o- U ~ 0 U7 C y L\F ry .�- Ll l 0 Q .r CO m � Z {/] O3 Q1 3 E u_ � o w U a� ❑ ❑ � � 'v LL i r ro w cn o 0 f` F' OD iD U U Z U V] N r 1 U r C11 S'] Lf) LQ f OD ❑ 1r CV C"3 Nr Lr3 CD f-- 00 61 r z rZ W G �"' w } \ INSTALL: 60 30 0 60 (1) 1124 TAPING SLEEVE SOUTH PIPELNE ROAD --- - --- _-ASPHAFT ROAD— INSTALL I)ja PRIVATE WATER SERVICE & PUBLIC -Y4" METER ------INSTALL 13ACKFLOW PREVENTION DEVICE ON PRIVATE PROPERTY FOR IRRIGATION 15 PRIVA7E PROP. BLDG INSTALL: (1) PRIVATE FIRE�L07 2 HYDRANT ASSEMBLY (1) 60 VALVE )0'DRAINAGt CPA VEI_ LEGEND I", S S EXISDAIG SANITARY SEWER LINE VV EX(STING WATER LINE EXISTING FIPF HYDRANT EX. WATER METER EX. INA TER VALVE j EXISTING POWER POLE EXIST-ING LIGHT POLE' EXISTING SS MANHOLE -z- PROPOSED SS MANHOLE PROPOSED FIRE HYDRAN7 LOT 4 Ln VoLumc' 3-986, PACE 455 FO'C017ONWOOP 218'COUJAIWOOD U) L07 Ln LOT 6 PAVEL EXHIBIT "A" WATER EXHIBIT WATER, SEWER & PAVING IMPROVEMENTS FOR 5+"0 0— SIZELOVE CONCRETE �51' _j 8 11120 S. PIPELINE R0. INSTALL: (1) PRIVATE FIRE 1.52 Acres SIZELOVE ADDITION. Lot 1, BLOCK A 6P2LD11VG I I City of Ft Worth.Tarront County.Texas HYDRANT ASSEMBLY Is DRAINArC OUI/DINC MONK CONSULTING ENGiNEERS, INC. 1200 W State Street, Garland Texas 75040 LOT 9 ESVT 972 272-1763 Fox 972 272-8761 _41 REG 40 P-2567 75 0 TIL Ty Fsm T L,2012 Mont< Consulting Engineers, inc.,Ali Rights Reserved CABINE7 A, SLiDE 960-9 8/6/12 1 11=60J S FH U �J 60 30 0 60 SOUTH PIPELNE ROAD -- 'A STI-H AD R-CrAo - - -..._-.- - - -------- - PP0j G51-02,52) -UO,7_-287 T Y 60' ----- - _ X. a" .]5- N_-a3334 L S TA FION STA 1+00 �- k CONNECT TO EX. MH (FL=556.96) do 'i I ���` "^' I INSTALL NEW MH y I S�,� INSTALL 160 LF OF PUBLIC 8" f I �x I �- EX. MH SCR-26 W/CONCRETE ENCASEMENT { I I rPR INSTALL NEW PUBLIC MH EX, STA FL=56 965x20 (SEE SHEE1 UNIT 1-7) COT 1 I i I (FL=5XX.XX) MOSIER VA._LEY J SLOG COMM. FAC4LlTIES cRtivnrE k DOE. 1193 UTllLIT"ESIVI I r� S.F.PS46-07 0460131540 Idc❑RAINAGF FSMT =563.25 INSTALL 71 LF OF 6" PRIVATE SDR-26 WASTEWATER LATERAL f W/OBL CLEANOUT O PROPERTY INSTALL 20 LF OF PUBLIC 6" I l LINE &OBL CLEANOUT 5' FROM SDR-26 W/CONCRETE j I _ BLDG. ENCASEMENT TO CLEANOUT n LOr� f 1 11 1 I 10'DRAINAGE l I I X ,spa vEf J ESMT � LErLJn r E1 V D - I I - -- � PROPERTY LINE EXISTING SANi TARP SEWER LINE EXISTING WATER LINE f I EXISTING FIRE HYDRANT F,w FY I f .PA NS I - - = EX. WA TER METE�2 I�TOWER o —� �- �ifs 7 = EX. WATER VALVE ZZZ F = EXISTING POWER POLE EXISTING LIGHT POLE s` — EXISTING SS MANHOLE { t 0 = PROPOSE SS MANHOLE l L07 4 (nn _ ?ROPOSED FIRF HYDRANT L' f I 1 F II 78••FoCAnJ O"�°LGAN FEXA S EL EC SE.R VAC F CO 1 I I D POL E��!t ��P I { `I\ to VOLiJME -4986. 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State Street, Garland Texas 75040 �- � .' 1 � � �!�![�7lldu COT 9 E511 1 r} (tom rem nJ 972 272-1763 Fax 972 272-8761 REG NO.: F-2567 1� x-)2012 Monk Consulting Engineers, Inc., All Rights Reserved UT'LiTY ESMT i T CAB.`NE- A, SLIDE 9609 I � date: scale: I I N 89'56'17" W 11 9.54' 8/6/12 1"=60' t J C 04 o 0 0 0 o a (D Q o (D � 0 0� 6f °rte ° Ln 0 U) c (Y) 00 m cv Nr L6 o(.] H W M 1` 0 0 O 0 0 O y 4 � � � Ca ta Z b � 0 W W � � W 0 o a Q d7 0 U LU LO W W � W Co J � a 0 Z Q � z ,i � Un Ui _..l [n I W .._I J J U LU v L) CL U) o Z w a U > Q -- �-- cu L) a- Li.. > 0 0) C x .V) w a Q V _ a N cn CO U b Z 2i — N tt LO co co W P-- ' 60 30 0 so SOUTH PIPE NE ROAD SAWCUT EX. ASPHALT& CONSTRUCT --- ------- Ed PROPOSED 6` CURB (TYP) PROP. BLDG -END CURB \10 DRAINAGE pp III, i LEGEND I fX (�P'4 V�-1 T PROPERTY LINE I EXISTING SANITARY SEWER LINE EX EXISTING WA TER LINE EXISTING FIRE H)fDRANT EX. WAFER METER EX. WA TER VALVE P EXISTJNG POWER POLE EXISTING LIGHT POLE EXISTiNG SS MANHOLE PROPOSED SS MANHOLE PROPOSED FIRE HYDRANT LGT.4 Ln FiRELANE P4 GE 4 29"COT70NWOOD CJ 20' EJ OF VEL EX EXHIBIT "6' L 07 PAVING EXHIBIT WATER, SEWER & PAVING IMPROVEMENTS FOR SIZELOVE CONCRETE 11120 S. PIPELINE RO. Lj T_R 1.52 Acres City of Ft Worth,Tur-runt CoLinty,Texa3 EPiLDING L�4 MONK CONSULTING ENG(NEERS, INC. 1200 W. State Street, Garland Texas 75040 15 DRAINAG;El -pmof-) 972 272-1763 Fox 972 272-8761 REG NO P-2567 iFT A, SL01 9509 date: scale: LB/5//12 1 60'