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Home My WebLink AboutContract 42859COMMUNITY FACILITIES ', G EEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract No. d nact W ' EREAS, the undersigned "Developer" desires to make certain improvements (refer to the name of the project at the bottom of the page) an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. Developer Information: Developer Company Name: Mercantile Partners, L.P. Authorized Signatory: Brian Randolph Title: Vice President Project Name: Mercantile Center Addition Lot 8, Block 7 Project Location: SE Corner of N. Sylvania Ave. & Sylvania Cross Dr. Additional Streets: N/A Plat Case No.: FP-011-024 Plat Name: Mercantile Center Addition Mapsco: 49 M CFA: 2011-060 DOE: 6767 To be completed by sitafj Received by: Council District: 4 City Project No: 01828 -12 P05 :05 IN Date: ` 1)11 � �T OFFICIAL RECORD CITY SECRETARY FT. WORTH, 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) ,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. Combined CFA final Sept 12, 2008 2 F. For all infrastructure 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 insured, licensed and bonded to do work in public streets and/or prequalified to perform water/waste water construction as the case may be. ii To require its contractor to famish 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 teal' 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 ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. 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 3 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 lures 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. J. Developer hereby releases and agrees to indemnify, defend and hold the City haiiuless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be perfoinied 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 tniurces. death or damages are caused, in whole or in part, by the alleged negligence of the City of Combined CFA final Sept 12, 2008 4 Fort Worth, its officers, servants, or employees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, the construction of the infrastructure contemplated herein, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or enzplovees. Further Developer will require its contractors to indemnify, and hold hairiness 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 confoiruance 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. 0 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. 5 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 shall 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 commi pity facilities are not completed within such extension period, there will be no 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 fmancial 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. Combined CFA final Sept 12, 2008 6 Cost Summary Sheet Project Name: Mercantile Center Addition Lot 8, Block 7 CFA No.: 2011-060 DOE No.: 6767 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre -construction meeting. An itemized estimate corresponding to each project -specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total $ 101,369.53 $ 101,369.53 $ R. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer TPW Construction Cost Sub -Total Total Construction Cost (excluding the fees): $ $ 101,369.53 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 2,027.39 D. Water/Sewer Material Testing Fee (2%) $ 2,027.39 Sub -Total for Water Construction Fees $ 4,054.78 E. TPW Inspection Fee (4%) $ F. TPW Material Testing (2%) $ G. Street Light Inspsection Cost $ H. Street Signs Installation Cost $ Sub -Total for TPW Construction Fees $ Total Construction Fees: $ 4,054.78 Choice Financial Guarantee Options, choose one Amount (ck one) 'Bond = 100% $ 101,369.53 1Completion Agreement = 100% / Holds Plat $ 101,369.53 Cash Escrow Water/Sanitary Sewer= 125% $ 126,711.91 Cash Escrow Paving/Storm Drain = 125% I $ Letter of Credit = 125% w/2yr expiration period 1 $ 126,711.91 III 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 at Fort Worth, Texas this LQ 4-ti day quadruplicate, of SIP 1(J RA.CAYL3 , 20 11. CITY OF FORT WORTH - Recommended by: Water Department Wendy Chi - dal, SBA, P.E Development Engineering Manager Approved o Form & Legality: Douglas W. Black Assistant City Attorney M&C No. N / k Date: ATTEST: AAZ artj •j •iat''!�� City Secretary . ATTEST: Signature (Print) Name: Paula Jaime aQ Transportation & Public Works Department Douglas W. Wiersig, P.E. Director Approved by City Manager's Office e7-,444-gen.4 Fernando Costa Assistant City Manager °OQ¥A °col) 0041 U�0 o 0 A 0o0oo00r e 4-411EXP1/2., Mercantile Partners, L P. By its general partner Mercantile Corporation of Fort Worth Signature Print Name: Brian Randolph Title: Vice President • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included z n n Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) 9 GCOUTANT I Pache McMILLIAN SYLVANJIA CROSS Koch WW1 di' DALLAS . FORT WORTH DRAWN BY GKC i CHECKED ASVI GKC 1 HOUSTON SCALE NTS DATE 12/20/2011 MEACHAM �I PROJECT LOCATION' 0 J�\ TARRANT COUNTY MAPSCO 49-M HALTOM \CITY VICINITY MAP (NOT TO SCALE) 8350 N. CENTRAL EXPWY, SUITE 1000 DALLAS, TX 75206 972.235.3031 TX REG. ENGINEERING FIRM F-469 TX REG. SURVEYING FIRM LS-100080-00 JOB NUMBER 2406-10.321 MERCANTILE CENTER ADDITION LOT 8, BLOCK 7 LACATED IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DWG FILE: 2406-10.321 CFA. D WG XRFF- FII F 740E-1 n -A71 PA IlWf GCOUTANT 12/20/2011 a _ . 0 � D SVXIl ',UNl0O 1v z - 7:58AM BEGIN 12" WATER. CONNECT TO EXISTING 12" WATER M:\DWG-24\2406-10.321\DWG\C3D\2406-10.321CFA.DWG LOT 3, BLOCK 7 MERCANTILE CENTER ADDITION (CAB. B, SLIDE 2642) //7 LOT 8, BLOCK 7 j/MERCANTILE CENTER ADDITION PART OF TRACT 3—B MERCANTILE PARTNERS; L: (VOL. 11752, PG. 154) 15.202 ACRES (662,194 SF) PROPOSED 1OLF 10" FIRE PROTECTION SERVICE LOT 4, BLOCK 7 MERCANTILE CENTER ADDITION (CAB. B, SLIDE 2642) �, - -, SYLVANI%I s IVE �___--------- 1350 LF PROP. 12" WATER LINE "W-1 PROPOSED FIRE HYDRANT D LL III S /k;EA IT (A VARIABLE WIDTH RIGHT-OF-WAY) END 12" WATER. CONNECT TO EXISTING 12" WATER PROPOSED FIRE HYDRANT GENERAL WARRANTY DEED MERCANTILE PARTNERS, L.P. (VOL. 11752, PG. 154) (A2) (FILED SEPTEMBER 19, 1994) LOT 7, BLOCK 7 MERCANTILE CENTER ADDITION (CAB. A, SLIDE 10367) 0 0 0 0 0 0 PAY ITEM BID ITEM NO. APPROX. QUANTITY Mercantile Center Addition, Lot 8, Block 7 P265-604150182883 DOE #6767, File # X-21750 DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS Furnish and Install complete in place, including all appurtenant work the following items• 1. BID 00591 1312 LF Pipe-Pressure-12 Inch PVC-C900 ' Install, per linear foot Thirty Three Dollars Fifty Four Cents 2. BID 00588 20 LF Pipe-Pressure-10 Inch PVC-C900 .., Install, per linear foot Twenty Seven Dollars Forty Seven Cents 3. BID 00616 18 LF Pipe-Pressure-6 Inch PVC-C900 Install, per linear foot Seventeen Dollars Eighty Four Cents 4. BID 00717 5 EA Valve-12 Inch -Gate Valve w/Box r-J Install, Two Thousand Two Hundred Twenty Nine Dollars Zero Cents 5. BID 00715 2 EA Valve-10 Inch -Gate Valve wBox Install One Thousand Eight Hundred Fifty Seven Dollars Zero Cents 6. BID 00745 3 EA Valve-6 Inch -Gate Valve w/Box ' Install, Nine Hundred Forty Dollars Zero Cents UNIT PRICE $ 33.54 AMOUNT BID $ 44,004.48 $ 27.47 $ 549.40 $ 17.84 $ 321.12 $ 2,229.00 $ 11.145.00 $ 1,857.00 $ 3,714.00 $ 940.00 $ 2.820.00 Proposal B-2 Mercantile Center Addition, Lot 8, Block 7 P265-604150182883 DOE #6767, File # X-21750 PAY BID APPROX. DESCRIPTION OF ITEMS WITH BID ITEM ITEM NO. QUANTITY PRICES WRITTEN IN WORDS Furnish and Install complete in place, including all appurtenant work, the following items 7. BID 00220 13 TONS Pipe Fitting r Install Eight Hundred Sixty Three Dollars Twenty Three Cents 8. BID 00546 3 EA Standard Fire Hydrant Install Two Thousand Four Hundred Fifteen Dollars Zero Cents 9. BID 00372 1350 LF Trench Safety 10. BID 00124 One Dollars Zero Cents 1 EA Mobilization Services One Thousand Eight Hundred Fifty Dollars Zero Cents 11. BID 00567 1311 LF Pipe ., Remove 12. BID00547 Six Dollars Twenty Three Cents 3 EA Fire Hydrant ' Remove Five Hundred Sixty Eight Dollars Zero Cents AMOUNT BID $ 863.23 $ 11,222.00 $ 2,415.00 $ 7.245.00 $ 1.00 $ 1,350.00 $ 1,850.00 $ 1,850.00 $ 6.23 $ 8,167.53 $ 568.00 $ 1,704.00 Proposal B-3 Mercantile Center Addition, Lot 8, Block 7 P265-604150182883 DOE #6767, File # X-21750 PAY BID APPROX. DESCRIPTION OF ITEMS WITH BID ITEM ITEM NO. QUANTITY PRICES WRITTEN IN WORDS Furnish and Install complete in place, including all appurtenant work the following items* 13. BID 00709 2 EA Sample Station � Install 14. BID 00121 15. BID 00123 00 Total Amount One Thousand Four Hundred Nineteen Dollars Zero Cents 2 EA Miscellaneous � Install One Thousand Two Hundred Eighty Two Dollars Zero Cents 1 LS Miscellaneous Services One Thousand Eight Hundred Seventy Five Dollars Zero Cents 00 THIS TOTAL TO BE READ AT BID OPENING. $ 101.369.53 UNIT PRICE AMOUNT BID $ 1,419.00 $ 2,838.00 $ 1,282.00 $ 2,564.00 $ 1,875.00 $ 1,875.00 Proposal B-4 CONSENT TO ACTION TAKEN WITHOUT SPECIAL MEETING OF THE BOARD OF DIRECTORS MERCANTILE CORPORATION OF FORT WORTH January 25, 2012 RESOLVED, that the Board of directors do hereby grant Brian Randolph, the authority to negotiate, represent, sign for and consummate for the corporation, as general partner for Mercantile Partners, L.P., a Community Facility Agreement number 2011-060 with The City of Fort Worth for the re-routing of water utilities at Mercantile Center Addition. The board also authorizes Timothy M. Gilmore to negotiate and sign a letter of credit with any bank in the amount of $126,711.91 in favor of the City of Fort Worth to secure the construction of this project. This Consent is to be effective January 25, 2012 and remain effective unless revoked in writing with written notification to the City of Fort Worth. Timothy M. Gilmore, Secretary .j OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX