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HomeMy WebLinkAboutContract 44043 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS City Secretary COUNTY OF TARR.ANT § Contract No. ijijf7LJ) 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: Alliance Town Center I, LP Address, State, Zip Code: 100 E. 15t1i Street, Suite 200 I Fort Worth, TX 76102 Phone, E-Mail: (817) 810-5310 I ksmith@trademarkproperty.com Authorized Signatory/Title: 6re_ (nun y- %irt k ,r. f ` (f prcs Project Name: Alliance Town Center Phase 1E-2 Project Location: Alliance Town Center Lot 5A-R1-1 Plat Case No.: FS-012-023 Plat Name: Alliance Town Center Mapsco: 21Y CFA: 2012-083 DOE: 6891 To be completed by stcsff: gr Received by: c Council District: 2 City Project No: 01969 Date: 1 t 3 OFFICIAL RECORD CITY pECRETARY FT. WORTH, TX priE 01-11--13 45 A09 �� : IN 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) , 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 confoimance with paragraph 8, Section II, of the Policy. 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 furnish to the City a payment and perfouuance 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 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 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 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 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 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 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 injuries, death or damages are caused, in whole or in part. by the alleged njgligence of the City of 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 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 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 stoiiu 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 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 community 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 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) Cost Summary Sheet Project Name: Alliance Town Center Phase 1E-2 CFA No.: 2012-083 DOE No.: 6891 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 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer TPW Construction Cost Total $ $ 79,594.25 26,252.00 $ 105,846.25 $ $ $ OM $ Total Construction Cost (excluding the fees): $ 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%) F. TPW Material Testing (2%) G. Street Light Inspsection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees Total Construction Fees: Financial Guarantee Options, choose one I Bond = 100% 'Completion Agreement = 100% / Holds Plat 'Cash Escrow Water/Sanitary Sewer= 125% 'Cash Escrow Paving/Storm Drain = 125% 'Letter of Credit = 125% w/2vr expiration period $ $ $ $ $ $ $ $ $ $ $ $ $ $ 105,846.25 2,116.93 2,116.93 4,233.85 OW 4,233.85 Amount 105, 846.25 105,846.25 132,307.81 132,307.81 Choice (ck one) 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 exeputed this instrument in q adruplicate, at Fort Worth, Texas this /5 -- day of iAti/ ,207 CITY OF FORT WORTH - Recommended by: Water Department Wendy Chi-Ba u al, BA, P.E. Developmen ngineering Manager Approved as to Form & Legality: Doug : _ .r . Black Assistant City Attorney M&C No. /i;'/ Date: ATTEST: ary J. City Secreta Transportation & Public Works Department Douglas W. Wiersig, P.E. Director Approved by City Manager's Office irsessmississeimmil Fernando Costa Assistant City Manager _agoesNaterosetzli .0•Poic. on 4k* ev► ga Q a°�PfA Oh o0 0 s 0 ma 8 arig o a 000000000 °o�� d p49.6ce %tit ATTEST: • Signature (Print) Name: fV2m'WCOL Dick& . OFFICIAL RECORD CITY SECRETARY FtWORTh,TX Alliance Town Center I, L.P. By: Trademark Alliance, L.P. its general partner By: TA Genpar, L.L.C. its gee al partner V • Print Name: Title: AG/ nature Eteiitccd‘) EA-Varia._ 5_J244r4:2 -IQ_ -9(1_,Qc Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment m rs n • 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 Dram Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) 5 FORT THE CITY OF FORT WORTH, TEXAS WWORTH PLANS FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE A PORTION OF ALLIANCE TOWN CENTF;R PHASE 1-E2 (LOT 5A-R1-1) BETSY PRICE MAYOR TOM HIGGINS CrTY MANAGER DOUGLAS W. WIERSIG, P.E. DIRECTOR, TRANSPORTATION AND PUBLIC \VORKS DEPARTMEN1 S. FRANK CRUMB, P.G. DIRE('fOlt, WAVER DEPARTMENT STOPS CALL BEFORE YOU DIG DIG TESS 1-800-DIG-TESS (E least 72 hours prior to digging) D,O.E. NO. WATER UIROJECT NO, SEWER PROJECT NO. CITY PROJECT NO, 6891 P265-6021501969-00 P275.7021301969.00 01969 C --J uo Nw 1 - Tt N E NT5 ' 1 LOCATION MAP MAPSCO# 21-Y COUNCIL DISTRICT #2 OWNER/DEVELOPER: ALLIANCE TOWN CENTER I, LP 301 COMMERCE STREET SUITE 3635 FORT WORTH, TEXAS 76102 CONTACT: KERBY SMI'M PHONE: (817) 610-5319 ENGINEER: KIMLEY-HORN 8 ASSOCIATES, INC. 12700 PARK CENTRAL DRIVE, SUITE 1800 DALLAS, TEXAS 75251-1516 CONTACT: HUGO MORALES, P.E. PHONE: (972) 770-1300 FAX: (972) 239-3820 TEXAS REGISTERED ENGINEERING FIRM F-928 AUGUST 2012 Shoot No. cat • coo con W cm CRT; c0T C•S Got C ,0 Cn1 INDEX OF SHEETS Dosttiptlon COVER SMELT GINAL PLATALLIANCETOWN CENTER l07 61R/A A to AIS.OLOCKA AMORALNOTES WATER PLAN WATER PROWLS SAN'ARY SEWER PLAN SAMOTANY SEWL'R PROPPES EROSION CONTROL PLAN EROSION CONTROL DETAILS CITY OF FORT WORTH SANITARY SEWER DETAILS CITY OF FORT WORTH WATER DETAILS CITY OF FORT NORTH WATER OETULR W. DOUGLAS . WIERSIG, P.E. DIRECTOR. TRANSPORTATION AND PL'OLIC WORKS DEPARTMENT 44 U d14I4 .4.. Mae 4.awr MIKE DOMENVCR, P.E. REETTLIMENDIO PK01,M M MARAueR FRED EHIA, P.E. RP1,91 1, PR; NW T TIANOCFR UTILITY CONTACTS QTY 0- FORT WORTH WATER Dr PHNE (1017) In-112TO El� 2* wu 0000Eau�M Most OtT-]SYYOpP b-1N-2b12. CA lb M�ORNwTmRAaaNSPnp TA110N/PURI if WORTS RZlAr101-no, NOW a17-.SI-10., X-21938 s roPI CALL BEFORE YOU DIG OM TESS 1.400-ata.YeSS (2 leant 72 hoof pllor to R'oalno) SHEET C-01 X - 21938 O cC IL F 4 cc coo Z0— a4 W gg rc 0 a 0 0 111 0 w O LL 'aCC a¢ w z >- HICKS III IIi11IJi611tl11WlL111itl II tllliluli SITF �z873 re13 • • • • • • • d E ITAGE PKWY NORTH TARRANT n KWY G W n J n N THOMPSIN LOCATION MAP MAPSCO# 21- Y COUNCIL DISTRICT #2 j i HI ER FIELDS 1 E.Wu1 ey-Han +Tand Associates, Inc. Iccccc GRAPHIC SCALE IN FEET 0 100 200 400 Tree -- CONNECT io EX 1Y MNN CCNNECT-Tr EX 8'- WATER UNE _ -- - - - ., , , -'_ ti �r _ Tee • - - fCONNECT ;TO - EX-17t: MAIN' INSTALL tY i {EX, SAk SE11E EXm1Y--11IMER #I.ViV x PRCPCSfD tY"PVC= e-PVC t \__. ._ --. __ r a� - -- PRVi WATER MAIN COMMUNITY FACILITIES AGREEMENT FOR ALLIANCE TOWN CENTER OFF -SITE IMPROVEMENTS FOR LOT 5A-R2-1, BLOCK A EXHIBIT A 1 Ki and Associates, Inc. GRAPHIC SCALE IN FEET 0 100 200 400 i - - - - yt-. _ _-_t' -- s 4t — F , ... — ' i — _ : - — - - _ — : - -- -. __ -- _. ___ __ .- �_. __�_- 1 t _- .. . _.-_ .___ c t STA. 9+87.42. LINE H. : • 4=MANHOLE iy ` - t�NNECT-9t E)C 55 i7NF - tX41.2,41K TER :AS 4' MANHOLE 1-PWVAIE' 6' SERVICE SANITARY SEWER MAIN COMMUNITY FACILITIES AGREEMENT FOR ALLIANCE TOWN ChNTER OFF -SITE IMPROVEMENTS FOR LOT 5A-R2-1, BLOCK A • • EXHIBIT Al IG ❑�� mley-Ham and Associates, Inc. UNIT I: WATER CPMS RECORD NO BID-00763 BID-00616 BID-00618 BID-00591 ITEM NO. 1 2 3 4 APPROX. QUANTITY The City of Fort Worth, Texas Alliance Town Center PHASE 1E-2 Lot 5A-R2-1, Block A DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN WITH WORDS Fumish and install, including all appurtenant work, complete in place, the following items (D-No. refers to related items in the Part D Special Conditions) 176 LF 2" Copper Water Service 182 LF 6" PVC C-900 Water Line 10 LF 8" PVC C-900 Water Line 445 LF 12" PVC C-900 Water Line UNIT PRICE TOTAL AMOUNT $20.00 $3,520.00 $24.00 $4,368.00 $28.00 $280.00 $38.00 $16,910.00 BID-00745 5 LF 6" Gate Valve and Box 5 $850.00 $4,250.00 BID-00749 1 EA 8" Gate Valve and Box 6 $1,400.00 $1,400.00 BID-00717 7 EA 12" Gate Valve and Box BID-00220 2.8 TN Ductile Iron Fittings BID-00767 BID-00767 BID-00546 7 $1,950.00 $13,650.00 8 $3,500.00 $9,800.00 9 2 EA 2" Water Service - Tap to Main 2 EA 2" Irrigation Service - Tap to Main $2,000.00 $4,000.00 10 $2,000.00 $4,000.00 11 2 EA Install Fire Hydrant BID-00566 4 EA 2" Water Service and Meter Box (Class B) $3,200.00 $6,400.00 12 $2,000.00 $8,000.00 BID-00566 1 EA 2" Irrigation Meter Service and Meter Box (Class B) 13 $2,000.00 $2,000.00 BID-00372 BID-01200 14 15 The City of Fort Worth, Texas Alliance Town Center PHASE 1 E-2 Lot 5A-R2-1, Block A 813 LF Trench Safety 813 FL Pipe -Transfer of Services -Test & Commission -' ServicesCS Test and Sterilize Water Lines $0.25 $203 25 $1.00 $813.00 TOTAL AMOUNT BID UNIT I - WATER $79,594.25 UNIT II: SEWER CPMS RECORD NO ITE1S1 NO. APPROX. QUANTITY The City of Fort Worth, Texas Alliance Town Center Lot 5A-R2-1, Block A DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN WITH WORDS UNIT PRICE urnish and instal , including all appurtenant work, complete in place, the following items: (D-No. refers to related items in the Part D Special Conditions) BID-00363 1 156 LF 6" PVC SDR-26 Sewer (All Depths) BID-00365 2 334 LF 8" PVC SDR-26 Sewer (All Depths) BID-00213 3 4 EA 4' Diameter Manhole BID-00196 4 4 EA Concrete Collars for SSMH BID-00201 5 490 LF Post Construction TV Inspections of Sewer Main BID-00372 6 490 LF Trench Safety BID-00217 7 4 EA Vacuum Test Sanitary Sewer Manholes BID-00367 8 3 EA 6" Plug TOTAL AMOUNT $22.00 $3,432.00 $25.00 $8,350.00 $2,800.00 $11,200.00 $250.00 $1,000.00 $2.00 $980.00 $1.00 $490.00 $50.00 $200.00 $200 00 $600.00 TOTAL AMOUNT BID UNIT II - SEWER $26,252.00 ITEM NO 3 a 4 5 2" Copper Water Line 6" PVC C-900 Water Line 8" PVC C.900 Watet Line 12" PVC C-900 Watet Line 6" Gate Valve and Box 6 8" Gale Valve and Box 7 12" Gate Valve and Box I I 8 2" litigation Service • Top to Main 9 2" Water Service - Tap to Main I Ductile Iron Fittings 11 Install FireHydrant (Not inelud ng 6" lead and valve) 12 2" Water Service and Melet Box (Class B) I 2" In iµation Service and Meter Box (Class B1 ( 15 Trench Surety (Deeper than 5') 16 Pipe -Transfer of Sen'icev-Tel k Commission — ServicesCS Test and Stet ilize Water Lines BID ITEM UNIT C-01 LF. L.F. L.F. L.F. EA. EA. EA. EA. EA, TON EA. EA. EA. LF LF CFA SAMPLE PROJECT QUANTITY MATRIX ALLIANCE TOWN CENTER PHASE 1E-2 C-02 I C-03 176 182 10 445 5 1 7 2 2 2,8 2 4 1 813 813 UNIT TOTAL SHEET NO C-04 C-05 1 C-06 C-07 C-08 C-09 ITEM TOTAL 176 182 10 445 5 7 2 2.8 2 4 813 813 UNIT PRICE ITEM TOTAL COST $20.00 j $3,520.00 $24.00 I $4,368.00 $28.00 $280.00 $38.00 $16,910,00 $850.00 $4,250,00 $1,400.00 i $1,400.00 $1,950.00 I $13,650.00 $2,000.00 $4,000.00 $2,000,00 $4,000.00 $3,500.00 $9,800.00 $3,200.00 $6,400,00 $2,000.00 $8,000.00 $2,000.00 $2,000.00 $0.25 $203,25 $1.00 $813.00 $79,594.25 CFA SAMPLE PROJECT QUANTITY MATRIX ALLIANCE TOWN CENTER PHASE 1E-2 ITEM NO. BID ITEM UNIT C-01 C-02 C-03 C-04 1 6" PVC SDR-26 Sewer (All Depths) LF. 2 8" PVC SDR-26 Sewer (AII Depths) EA, 3 4' Diameter Manhole L.F. 4 Concrete Collars for SSM H LF. 5 Post Construction TV Inspections of Sewer Main EA. 6 Trench Safety EA. 7 Vacuum Test Sanitary Sewer Manholes EA. A 6" Plug w/cicanout EA UNIT TOTAL SHEET NO. I C-05 C-06 C-07 C-06 C-09 I 156 334 4 4 490 490 4 3 ITEM TOTAL UNIT PRICE 156 $22,00 334 $25.00 4 $2,800.00 4 $250.00 490 $2,00 490 $1.00 4 $50.00 3 $200,00 ITEM TOTAL COST $3,432,00 $8,350.00 $11,200,00 $1,000.00 $980,00 $490,00 $200.00 $600,00 526,252.00 1