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HomeMy WebLinkAboutContract 43846 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract No. LI LC - 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: Sun Valley Industrial Park, L.P. Address, State, Zip Code: 5301 Sun Valley Drive, Fort Worth, TX 76119 Phone, E-Mail: (817) 572-2250/Sandra@empireroofmg.com Authorized Signatory/Title: Sandra McGlothlin Project Name: Sun Valley Industrial Park Project Location: Marie Jones Road @ Sun Valley Drive Plat Case No.: FP-011-021 Plat Name: Sun Valley Industrial Park Mapsco: 93 J & K Council District: 5 City Project No: 01798 CFA: 2012-051 DOE: 6733 To be completed by taff Received by: Q.} itypyje OFFICIAL RECORD CITY SECRETARY rrn WORTH, T1( 1 Date: 10131 la. 11-05-12 PO4:20 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) _X_, Sewer (A-1) )1_, Paving (B) _X_, Storm Drain (B-1) , Street Lights & Signs (C) LC . 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. 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 perfonlin 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 m 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 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. 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 m 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. 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 stoi i 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 fmancial 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: Sun Valley Industrial Park CFA No.: 2012-051 DOE No.: 6733 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. TRW Construction 1 Street 2. Storm Drain 3. Street Lights Installed by Developer TPW Construction Cost Total 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 Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% w/2yr expiration period $ 226,157.00 113,450.00 $ 339,607.00 $ $ 472,330.00 $ 35,135.00 $ 507,465.00 $ 847,072.00 $ $ $ 6,792.14 6,792.14 13,584.28 18,893.20 9,446.60 1,405.40 29,745.20 43,329.48 Amount 847,072.00 847, 072.00 424,508.75 634,331.25 1,058,840.00 Choice (ck one) Development Engineering Manager A 'proved ' . to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. Al/Q.-- Date: ATTEST: r Mary J. Kayser City Secretary ATTEST: Signature (Print) Name: Ettlisiv) ilt 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 execute this instrument in quadruplicate, at Fort Worth, Texas this day of CITY OF FORT WORTH - Recommended by: Water Department ita\ !)ILL Transportation & Public Works Department Wendy Chi- abulal, EMBA, P.E. Dougs W. Wiersig, P.E. Director Approved by City Manager's Office J Fernando Costa Assistant City Manager .pp�p'al1'btl 40:4 9,144:04% O�4 p OCIP ek 0 0 ni rt 0 t? lea lod ��cte �a00000�� 0 4irct 13-ti:anti-Tfr Sun Valley Industrial Park, L.P. By its General Partner McGlothlin Equities, L.L.C. 9 vii-Acom Print Name: • Signature Sandrta Me4iethillo Title: Masta3tr OFFICIAL RECORD CITY SECRETARY Ft WORTH,' Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included ►1 // 0 1 gi In 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) cj oci 1 24 BLOCK 1 2 EXHIBIT A - WATER LOTS 1-28, BLOCK 1 SUN VALLEY INDUSTRIAL PARK 'NA /' vv/i. 1 DAVID STRICK[AND DRIVE BLOCK 1 2 7 6 5 12" WL/L 8 9 15 16 3 VESrA FARLEY ROAD BLOCK 1 10 11 14 13 12 12" WL/L SUN VALLEY DRIVE 17 BLOCK 1 18 19 23 22 21 20 11111111111110 12" WL/L KALTENBRUN ROAD 25 BLOCK 2R BRIARVI000 ADON. VOL 388-176, PO. 92 P.R.T.C.T. 26 27 28 "1y/L £ • J 4 1 40 39 VESTA FALUEY RD. 1 2 c nto -!— _ 3" Wit ' SUN VALLEY DR. 1 2 t.J 40 39 8 Y /L KAWXENBRUN RD. 2 40 39 SD Engineering, Inc. Site Development Engineering PO Box 1357 Aledo, TX 76008-1357 (817) 441-6400 Fax (817) 441-6085 TEXAS REGISTERED ENGINEERING FIRM F-7643 TEXAS REGISTERED SURVEYING FIRM 10095800 II 11111 11111 11111 1111 II 11 1 II SD Engineering, Inc. Site Development Engineering Opinion of Probable Cost P roject: Sun Valley Industrial Park Owner: Sun Valley Industrial Park S ubject: Water Facilities Item Description 1 2" PVC Water Line (CL 200) 2 12" Water Line (DR 14) 3 Abandon Exist. 2" W/L-David Strickland Rd 4 2' X12" Tapping Tee and Valve with Cast Iron Box & Lid 5 12" Gate Valve with Cast Iron Box & Lid 6 6" Gate Valve with Cast Iron Box & Lid 7 Fire Hydrant (incl 6" W/L as needed) 8 1" Water Service,'ncl Class A Meter Box 9 12" W/L Fittings, Inc' Poly Wrap & Blocking 10 HMAC Pavement Repair 11 Cone Pavement Repair 12 Trench Safety System (depth>5') 13 Traffic Control 14 Erosion Control Quantity 60.00 3,020.00 1.00 2.00 Unit LF LF EA EA 6.00 EA 3.00 EA 3.00 EA 28.00 EA 3.50 TN 1,800.00 LF 55.00 LF 3,020.00 LF 1.00 EA 1.00 EA P roject No.: 040902 P repared By: EAC Date: Revised Revised Unit Price 10 34.00 200.00 800.00 2,200.00 890.00 2,600.00 750.00 4,700.00 31.00 41.00 0.10 500.00 1,100.00 07/2012 07/26/12 09/07/12 Amount 600 102,680 200 1,600 Sub -Total $ Contingencies Engineering Other* Total $ 13,200 2,670 7,800 21,000 16,450 55,800 2,255 302 500 1,100 226,157 226,157 Page 1 of 5 P.O. Box 1357 Aledo, TX 76008-1357 Texas Firm F-7643 Phone: 817.441.6400 Fax: 817.441.6085 11S11111111111111111011111111111S111111111 Lill! III i w Imo 2 SI$1'. 3 14ATE) 24 BLOCK 1 EXHIBIT Al- WASTEWATER LOTS 1-28, BLOCK 1 SUN VALLEY INDUSTRIAL PARK 1 111 DAVID B7fIICQAID DIIR *MUM MIPMEI off® 8" SANITARY SEWER BLOCK 1 2 3 7 6 5 4 ki SANITARY SEWER 8 15 18 t 40 30 VESTA PARLEY ROAD ICA FARM f1D. BLOCK 1 9 10 14 13 SIN VALLEY DRIVE 11 12 " SANITARY SEWER BLOCK 1 17 18 23 22 21 EALTINBRIN ROAD 1 44 40 30 BUN VA]ZY Dt,- 1 2 40 39 fm. .a15f. rTh 8" SANITARY SEWER 25 26 27 ui vi 19 20 1 1 28 BLOCK 2R BRIARMOOD ADON. VOL 3E8-170, Pas D2 PRTC.T. a0 i 40 39 MD1IDas >m. EXIST. 6" SD Engineering, Inc. PO Box 1357 Aledo, TX 76008 13570 (817) 441-6400 Fax (817) 441-6085 oN TEXAS REGISTERED ENGINEERING FIRM F-7643 TEXAS REGISTERED SURVEYING FIRM 10095800 Site Development Engineering 0 Copyright CO 2012 SD Engineering, Inc. P roject: Sun Valley Industrial Park Owner: Sun Valley Industrial Park S ubject: Sanitary Sewer Facilities Item 1 SD Engineering, Inc. Site Development Engineering Opinion of Probable Cost Description 8" Sanitary Sewer Line (Various Depths) (includes Post Construction TV) 2 4' Dia. Manhole, incl conc collar & inserts (includes MH Vacuum Testing) 3 Extra Depth Manhole (>6') 4 Abandon & Remove Exist Private SS Line 5 • 4' SS Service, incl tap & Cleanout 6 Trench Safety System (depths > 5') 7 HYMAC Pavement Repair 8 Traffic Control 9 Erosion Control Quantity 2,200.00 Unit LF 10.00 EA 14.00 1.00 28.00 2,200.00 700.00 1.00 1.00 VF EA EA LF LF EA EA P roject No.: 040902 P repared By: EAC Date: Revised Revised Unit Price 23.00 2,200.00 200.00 1,350.00 400.00 1.00 31.00 500.00 1,100.00 07/2012 09/07/12 10/09/12 Amount 50,600 Sub -Total $ Contingencies Engineering Other* Total $ 22,000 2,800 1,350 11,200 2,200 21,700 500 1,100 113,450 113,450 Page 2 of 5 P.O. Box 1357 Aledo, TX 76008-1357 Texas Firm F-7643 Phone 817.441.6400 Fax: 817.441.6085 1 24 BLOCK 1 2 EXHIBIT B - PAVING LOTS 1-28, BLOCK 1 SUN VALLEY INDUSTRIAL PARK 1 8 GONG. F VMT 1 7 8 15 i DAVID STRICKLAND DRIVE BLOCK 1 2 6 5 8" HMAC PVMT VEST, L FARLEY MAD 3 MY /OS 4 8" kONC. bVMT 9 BLOCK 1 10 1 14 13 12 8" HMAC PVMT SUN VALLEY DRin 16 BLOCK 1 17 18 19 23 22 21 20 8" -IMAC PVMT 8" CONC. I'VMT 25 26 28 27 40 39 ,fSECTi_WBtBY RD. 2 40 39 c io JAKOKIRRUN RD. BLOCK 2R J v BRIARWOOD ADDN. VOL 388-176, PG. 92 P.R.T.C.T. _ SAUNDERS LtD. SD Engineering, Inc. Site Development Engineering PO Box 1357 Alecto, TX 76008-1357 (817) 441-6400 Fax (817) 441-6085 TEXAS REGISTERED ENGINEERING FIRM F-7643 TEXAS REGISTERED SURVEYING FIRM 10095800 1 P roject: Owner: S ubject: SD Engineering, Inc. Site Development Engineering S un Valley Industrial Park S un Valley Industrial Park Excavation & Grading Item Description 1 Clearing & Grubbing 2 Unclassified Street Excavation 3 Erosion Control Opinion of Probable Cost Quantity Unit 3.00 AC 7,000.00 CY 1.00 EA Project No.: Prepared By: Date: Revised Unit Price 16 000.00 4.00 1,100.00 040902 EAC 07/2012 09/07/12 Sub -Total $ Contingencies Engineering Other* Total $ Amount 48,000 28,000 1,100 77,100 77,100 P.O. Box 1357 Aledo, TX 76008-1357 Page 3 of 5 Texas Firm F-7643 Phone: 817.441.6400 Fax: 817.441.6085 SD Engineering, Inc. Site Development Engineering P roject: Sun Valley Industrial Park Owner: Sun Valley Industrial Park S ubject: Paving Facilities Item Description 1 Subgrade Manipulation (81") 2 Lime (40#/SY) 3 8" Concrete Pavement (4000 psi) 4 Pavement Joint Sealant 5 8" HMAC Pavement Transition 6 7" Concrete Curb 7 Concrete Pavement Header 8 Concrete Flume "A" 9 Concrete Flume "B' & "C" 10 Traffic Control 11 Impact Flex Bollard 12 Erosion Control Opinion of Probable Cost Quantity 7,600.00 155.00 7,100.00 11,000.00 530.00 2,750.00 125.00 10.00 20.00 1.00 9.00 1.00 Unit SY TN SY LF SY LF LF LF LF EA EA EA P roject No.: P repared By: Date: Revised Revised Unit Price 3.50 165.00 39.00 1.00 66.00 1.50 10.00 300.00 150.00 500.00 800.00 1,100.00 040902 EAC 07/2012 09/07/12 09/24/12 Amount 26,600 25,575 276,900 11,000 34,980 4,125 1,250 3,000 3,000 500 7,200 1,100 Sub -Total $ 395,230 Contingencies Engineering Other* Total $ 395,230 P.O. Box 1357 Aledo, TX 76008-1357 Page 4 of 5 Texas Firm F-7643 Phone: 817.441.6400 Fax: 817.441.6085 1111dddad Luau] • 1 24 BLOCK 1 EXHIBIT C - STREET LIGHTS & STREET SIGNS LOTS 1-28, BLOCK 1 SUN VALLEY INDUSTRIAL PARK 1 7 DAVID STRICKLAND DRIVE BLOCK 1 2 3 6 5 4 ( •-STREET LIGH1 (TYP) I 1 VESTA ROAI TREE P S BCBCK"1 SIGN 8 9 10 11 15 16 14 13 12 ,STREE f LIGH1 (TYP) SUN DRIVF 11 I STREE STOP SIGN 1 BLOCK 1 17 18 19 23 22 21 20 ;STREET LIGH- (TYP)- KALTENBRUN ROAD STREET STOP SIGN 25 26 27 1 1 1 40 39 VESTA FARLEY RD. SUN VALLEY DR. 1 2 M Q d 40 39 RALTENBRUN RD. 28 BLOCK 2R BRIARN'000 ADM. VOL 388-176, PG. 92 P.R.T.C.T. SAUNDERS RD. SD Engineering, Inc. Site Development Engineering PO Box 1357 Aledo, TX 76008-1357 (817) 441-6400 Fax (817) 441-6085 TEXAS REGISTERED ENGINEERING FIRM F-7643 TEXAS REGISTERED SURVEYING FIRM 10095800 SD Engineering, Inc. Site Development Engineering Opinion of Probable Cost P roject: Sun Valley Industrial Park Owner: Sun Valley Industrial Park S ubject: Street Light/Street Sign Facilities Item Description 1 2" PVC (Sch 80) Conduit - Bore 2 2" PVC (Sch 80) Conduit 3 3-#6 Aluminum Conductor Wire 4 1-#10 Aluminum Conductor Wire 5 Street Light Foundation Type 2 6 Street Light Pole Type 8 7 Street Light Arm Type 33A.150W Luminaire 8 Ground Box 9 Pole Riser 10 Stop Sign w/ pole & foundation 11 Traffic Control 12 Erosion Control Quantity Unit 90.00 LF 1,105.00 LF 1,195.00 LF 1,195.00 LF 6.00 EA 6.00 EA 6.00 EA 8.00 EA 3.00 EA 3.00 EA 1.00 EA 1.00 EA P roject No.: P repared By: Date: Revised Unit Price 14.00 7.00 1.50 0.50 850.00 1,400.00 250.00 650.00 300.00 350.00 500.00 1,100.00 040902 EAC 07/2012 07/26/12 Sub -Total $ Contingencies Engineering Other* Total $ Amount 1,260 7,735 1,793 598 5,100 8,400 1,500 5 200 900 1,050 500 1,100 35,135 35,135 P O. Box 1357 Aledo, TX 76008-1357 Page 5 of 5 Texas Firm F-7643 Phone: 817.441.6400 Fax: 817.441.6085