HomeMy WebLinkAboutContract 51211 Received Date: Sep 6,2018
Received Time: 3:51 p.m.
COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
Developer Company Name: Mistletoe Station,LLC
Address,State,Zip Code: 5501 A Balcones Sr.,Austin,TX 78731
Phone&Email: 352-213-8700/lisa@saigebrook.com
Authorized Signatory,Title: Lisa Stephens,President
Project Name: Mistletoe Station Sewer
Brief Description: Sewer
Project Location: Mistletoe Blvd&Beckham PI
Plat Case Number: FP-18-037 Plat Name: Mistletoe Station Addition
Mapsco: <MaL Council District: 9 City Project Number: 101561
CFA Number: 2018-059
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas �+ 08T
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Standard Community Facilities Agreement with City Participation-Mistleto StaFTh S@ Hf TX
CFA Official Release Date:01.22.2017
Page 1 of 13
COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 51211
WHEREAS, Mistletoe Station. 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 Mistletoe Station Sewer("Project")within the City of
Fort Worth,Texas("City"); and
WHEREAS, the City has reviewed the proposed Improvements and desires to have
the Developer oversize the proposed Improvements to provide capacity for future
development in the area("Oversized Improvements"); 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; and
WHEREAS, the City has reviewed the Project and desires to participate in the Project
in accordance with this Agreement as presented by the Cost Summary Table and Exhibits
attached hereto and authorized by City Council via M&C G-19320 on June 26, 2018; and
WHEREAS, The City's cost participation shall be in an amount not to exceed
$134,355.00 ("Participation"); 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
City of Fort Worth,Texas LOFFICIAL RECORDStandard Community Facilities Agreement with City Participation-Mistletoe Station SewCFA Official Release Date:01.22.2017 �i �•�•�RY
Page 2 of 13 7
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.
D. The following checked exhibits describe the Improvements and are incorporated herein:
Water (A) L, Sewer (A-1) H. Paving (B) ❑_ Storm Drain (B-1) ❑. Street Lights &
Signs(C) El-
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 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
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
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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 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 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.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
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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
account of any injuries(including death)or damages sustained by any persons 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, its contractors, sub-contractors, officers, agents or
employees.
M. The Developer will further require its contractors to indemn fv, 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 Cityfor 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
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
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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 follows and further apportioned in the
Cost Summary Table below
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 inspection fees equal to four percent (4%) of the
streetlight construction cost.
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
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.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
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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.
vi. City will accept the Improvements constructed under this CFA as the City's
infrastructure once the following conditions are met:
(1) Developer completes construction of the Improvements in a
good and workmanlike manner in accordance with the CFA Policy,City
standards and the City-approved construction plans, specifications and
conditions for the Project;
(2) The Improvements have passed all inspections and testing
required by the City;
(3) City has received all documents necessary for accepting the
Improvements, including but not limited to, affidavits of bills paid from
Developer's contractors, all consents of surety executed by the surety
evidencing that Developer's contractors have paid all their
subcontractors and suppliers in full, lien waivers signed by Developer's
contractors indicating that Developer has paid the contractors in full;and
(4) Acceptance by the City of any off-site public infrastructure
improvements that are necessary for the Improvements in this CFA to
function properly.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
Page 7 of 13
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.
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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
Page 8 of 13
Cost Summary Sheet
Project Name: Mistletoe Station Sewer
CFA No.: 2018-059 City Project No.: 101561
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ $ $ -
2.Sewer Construction $ 335,384.00 $ 134,355.00 $ 469,739.00
Water and Sewer Construction Total $ 335,384.00 $ 134,355.00 $ 469,739.00
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): $ 335,384.00 $ 134,355.00 $ 469,739.00
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 6,707.68 $ 2,687.10 $ 9,394.78
D. Water/Sewer Material Testing Fee(2%) $ 6,707.68 $ 2,687.10 $ 9,394.78
Sub-Total for Water Construction Fees $ 13,415.36 $ 5,374.20 $ 18,789.56
E. TPW Inspection Fee(4%) $ - $ - $ -
F. TPW Material Testing(2%) $ - $ - $
G. Street Light Inspsection Cost $ - $ - $
H. Signals inspection Cost $ - $ - $ -
J.Civil/Geotechnical Engineering&Survey(20%) $ - $ 26,871.00 $ 26,871.00
TPW Construction Fees Subtotal $ - $ 26,871.00 $ 26,871.00
Total Construction Fees $ 13,415.36 $ 32,245.20 $ 45,660.56
TOTAL PROJECT COST $ 348,799.36 $ 166,600.20 $ 515,399.56
Financial Guarantee Options,choose one Amount Choice
i Mark one)
Bond=100% $ 335,384.00
Completion Agreement=100%/Holds Plat $ 335,384.00
Cash Escrow Water/Sanitary Sewer=125% $ 419,230.00 X
Cash Escrow Paving/Storm Drain=125% $ -
Letter of Credit=125%w/2yr expiration period $ 419,230.00
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
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
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
Page 9 of 13
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-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
Page 10 of 13
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
Mistletoe Station, LLC
lr!i�
Jesus J.Chapa(Aug 23,2018)
Jesus J. Chapa Lisa Stephe s(Aug 23,2018)
Assistant City Manager Name: Lisa Stephens
Title: President
Date:
Date: 08/23/2018
Recommended by:
ATTEST: (Only if required by Developer)
Evelyn Robeits(Aug 23,2018)
Evelyn Roberts
Contract Specialist Signature
Name:
Approved as to Form & Legality: Contract Compliance Manager:
Ricard A, AtcCrackAy By signing I acknowledge that I am the
Ricard A.McCracken(Aug 23,2018) person responsible for the monitoring and
Richard A. McCracken administration of this contract, including
Assistant City Attorney ensuring all performance and reporting
M&C No. G-19320 requirements.
Date: 6/26/18
Form 1295: 2018-362363 1 /Aft "1*A
Nathan Benson(Aug 23,2018)
ATTEST.• Janie S. Morales
Manager
Mary J. r(Au ,2018) —,�,�. ♦ O
Mary J. ayser �•: O�
City Secretary U '
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FOFFICIALRECORD
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City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
Page 11 of 13
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Attachment 1 -Changes to Standard Community Facilities Agreement
with City Participation
Location Map
Q Exhibit A: Water Improvements
❑ Water Cost Estimate
I 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-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
Page 12 of 13
ATTACHMENT"1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 101561
None_
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Mistletoe Station Sewer
CFA Official Release Date:01.22.2017
Page 13 of 13
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SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project I¢m 10-tiro Bidder's Proposal
Bidlist Item Unit of Bid
No. Daarpnon SpedGmtbo S4cd0n No, Mmsurt Q Bid" Unit Prim Bid 1-1
ULU 1i EIMEROVEMENTS
1A" 3331.4413 30"Solid Wall PVC SDR 26 ASTM F679-Crushed Stone Beddin 33 31 21 LF 708 $158.00 $111,864.00
1B* 3331.4410 30"FRP SN 72 ASTM D3262-Crushed Stone Beddina 3331 13 LF 7081
1C' 9999.0000 30"Triple Wall,Polypropylene Pie Min.Pipe Stiffness 46 PSI ASTM D2412-CLSM Bedding 33 11 10 33 31 13 33 31 21 LF 708
2 3305.1008 48"Casing By Oen Cut 330522 LF 3351 $548.00 $183,580.00
3 3339.0001 E ox Manhole Liner _ 33 39 60 VF123 15.00 8 745.00
4 3339.1101 5'Manhole 33 39 10 33 39 20 EA 7 254.00
5 3339.1103 5'Extra Depth Manhole 33 39 10.3339 20 VF 66 88.0 $19,008.00
6 9999.0010 Remove 120"Storm Pie 02 41 14 LF 153 9.00 $7,497.00
7 3305.0107 Manhole Ad'ustrnent,Minor _ 330514 EA 1 352.00 352.00
8 3305.0109 Trench Safe 330510 LF 708 $5.00 $3,540.00
9 3305.0113 Trench Water Stops 33 0510 EA t2480..MO
10 0241.1100 Remove As halt Pvmt 0241 15 SY 205 73.00
11 0241.1300 Remove Conc CurbBGutter 0241 15 LF 85 20.00
12 3301.0000 Post-CCN Inspection 33 01 31 LF 708 .00
13 3201.0114 T Wide Asphalt Pvmt Repair,Residential 32 01 17 SY 205
`Contractor to chose only one item labeled A,B,or C.
All bidders shall provide unit pricing for the bid items listed below and fallure to
provide unit casts for said items will cause the bidder to be considered unresponsive and be disqualified.
Thesettemsare for cost sharmapurposes will Awarded f this contract
A73331.4329 24'PVC-Crushed Stone Bedding 33 31 21 LF 1 7 1 7 .0
A2 3305.1006 36"Casinon Cut 33 05 22 LF 11
TOTAL UNIT 1:SEWER IMPI 69.739.00
Bid 8®mu7
TOW Coortratlee Il 7 ,00
Coub-ter Ogren to complete WORK for FINAL ACCEPTANCE wIthinIIIIIIIIIIIIIIIII nlmdor dOyo Often tW dote when the
CONTRACT amnmenam In ran w prwAdd In the Cesare]Ca di6om
END OF SECTION
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