Loading...
HomeMy WebLinkAboutContract 43896 (3)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract No. 14 3s6 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, L.P. Address, State, Zip Code: 100 E. 15t}' Street, Suite 200, Fort Worth, TX 76102 Phone, E-Mail: (817) 810-5310, ksmith@trademarkproperty.com Authorized Signatory/Title: Kerby Smith, Sr. Vice President - Finance Project Name: Alliance Town Center, Lot 5A-R2-1 Offsite Sanitary Sewer Project Location: East of North Freeway & South of Texas Sage Trail Plat Case No.: FS-012-087 Plat Name: Mapsco: 21Y CFA: 2012-066 ROE: 6926 To be completed i y s • fi Received by: Council District: 2 OFFICIAL RECORD CITY SECRETARY Uk1ORTK, TX City Project No: 01997 6/2/(;6/asi 17-19-'12 All:16 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) _X , Paving (B) ,T Storm Drain (B-1) , Street Lights & Signs 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 perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the 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 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 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. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities 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 Lot 5A-R2-1 CFA No.: 2012-066 DOE No.: 6926 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 $ 285,737.50 $ 285,737.50 B. TPW 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 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/2yr expiration period MEI $ 285,737.50 $ $ $ 5,714.75 5,714.75 11,429.50 Imt MO $ 11,429.50 Choice Amount (ck one) 285,737.50 285,737.50 357,171.88 $ 357,171.88 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 Dev loper has executy0 this, instrument in q ad a licate, at Fort Worth, Texas this ��?' .� day of _fa P 20 ) � . CITY OF FORT WORTH - Recommended by: Water Department Wendy Chi Babulal, EMBA, P.E. Developm t Engineering Manager Approved as to Form & Legality: boMg as .Black Assistant City Attorney M&C No. /fl / /1 Date: ATTEST: Mary J. ka sli City Secre ry ATTEST: Signature (Print) Name: 6rAi CA L Ly~14 O° alto 00 0 -V• po 000000 kitthiC S .ce\, Transportation & Public Works Department Douglas W. Wiersig, P.E. Director Approved by City Manager's Office Fernando Costa Assistant City Manager �,000ntt�n� aiikc Zkx 4? n00000000" V woo OJ QO �� ooO.#,pa Alliance Town Center I, L.P. By: Trademark Alliance, L.P. it's General Partner By: TA Genpar, L.L.C. it's General Partne 9 Print Name: Title: gyp Signature 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 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 ►/ n ►1 rsi ii n n (Remainder of Page Intentionally Left Blank) File: K:\DAL_Civil\61171000—ATC\61171002d\ATC—PH1G\Dwg\00E—LocationMap.dwg [COVER] 7/18/2012 3:07pm Xrefs: X8511.dwg Images: Fri BAYNE z Z CFA PROJECT QUANTITY MATRIX A PORTION OF ALLIANCE TOWN CENTER LOT 5A-R1-1, BLOCK A (OFFSITE SANITARY SEWER) ITEM SHEET NO TOTAL UNIT PRICE ITEM TOTAL COST ITEM NO. BID ITEM UNIT C-01 C-02 C-03 C-04 C-05 C-06 C-07 C-08 C-09 C-10 I 6" PVC SDR-26 Sewer (All Depths) LF. 15 30 30 45 15 15 30 180 $38.00 $6,840.00 1 I 2 8" PVC SDR-26 Sewer (All Depths) LF. 15 30 30 514 630 515 432 2166 $38.50 $83,391.00 I 1 3 10" PVC SDR-26 Sewer (All Depths) L.F. 264 331 595 $44.20 $26,299.00 1 I 4 12" PVC SDR 26 Sewer (All Depths) L.F. 500 500 383 1383 $48.00 $66,384.00 5 Connect to Existing SSMH (D op MH) L.F. 1 1 $3,500.00 $3,500.00 6 4' Diameter Manhole EA. 2 2 2 3 2 2 4 17 $2,800.00 $47,600.00 8 Intel' Additional Vertical Depth EA. 12 12 14 18 12 12 8 88 $180.00 $15,840.00 7 Concrete Collars for SSMH EA. 2 2 2 3 2 2 4 17 $350.00 $5,950.00 8 Post Construction TV Inspections of Sewer Main EA. 515 530 730 845 630 515 432 4197 $3.50 $14,689.50 9 Trench Safety EA. 515 530 730 845 630 515 432 4197 $2.00 $8,394.00 10 Vacuum Test Sanitary Sewer Manholes EA. 2 2 2 3 2 2 4 17 $50.00 $850.00 1I 8" Plug EA. 2 4 4 6 4 2 8 30 $200.00 $6,000.00 UN T TOTAL $285,737.50 THE CITY OF FORT WORTH, TEXAS FOR T WORTH PLANS FOR THE CONSTRUCTION OF OFF -SITE SANITARY SEWER IMPROVEMENTS TO SERVE ALLIANCE TOWN CENTER LOT 5A-R1-1, BLOCK A - OFFSITE SANITARY SEWER X - 21991 BETSY PRICE MAYOR TOM HIGGINS CITY MANAGER DOUGLAS W. WIERSIG, P.E. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT S. FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT D.O.E. NO. SEWER PROJECT NO. CITY PROJECT NO. 6926 P275-7021301997-83 01997 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 SMITH PHONE: (817) 810.5319 FAX: (817) 810-5381 INDEX OF SHEETS SHEET NO. DESCRIPTION C-01 COVER SHEET FINAL PLAT ALLIANCETOVM CENTER LOTS 3A-R2. 5AR2.166AR61. MOCHA 0-02 GENERAL NOTES C.03 OVERALL SANITARY SEWER PLAN CAN OFFSITE SANITARY SEWER PLAN AND PROFILE STA0+00 CO- 5I-0000 C-05 OFF -SITE SANITARY SEWER PLAN AND PROFILE STA 5+0003- 1040000 CA5 OFF -SITE SANITARY SEWER PLAN AND PROFILE STA 10.0000.10q0 00 C-07 OFF -SITE SANITARY SANER PLAN AND PRGFII F STA 17+00 00.75.0000 C-011 OFF.SITE SANITARY SEWER PLAN AND PROFILE STA 75+11010-01KII D1 C-00 OFFSITE SANITARY SFWFR PLAN AND PROFILE STA nisan 15.TND11X1 C-10 OFFSITE SANITARY SEWER PLAN AND PROFILE STA 9W000.END 0-11 CITY OF FORT WORTH SANITARY SEWER DETAILS C-12 EROSION CONTROL PLAN C.13 EROSION CONTROL DETAILS ENGINEER: KIMLEY-HORN 8 ASSOCIATES, INC. 12750 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251-1516 CONTACT: HUGO MORALES, P.E. PHONE: (972) 770-1300 FAX: (972) 239-3820 TEXAS REGISTERED ENGINEERING FIRM F-928 OCTOBER 2012 u. LJ F.s DOUGLAS W. WIERSIG, P.E. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT MIIC DZTMENECH, P.E. RECOMMENDED PROGRAM MANAGER FRED EHIA, P.E. REVIEWED PROTECT MANAGER /y//f/Lcv2 DATE UTILITY CONTACTS ZITY OF FORT WORTH WATER DFP PHONE (517) 302-DI00 ONF SODRCE CgAYDN CADIXJ 2GRA'i. XIs' t"S uA xuI PHp1L 012->15-2000 QRT WWI Sv 11ANSPDRTATON/PI %I IF WORKS 1FL ft1UNTY 1.F.V c lAc 1 Tr 0. NNINOACN 005 PHENC 017-431-LNW DATE DATE STOP! CALL BEFORE YOU DIG DIO TCSS 1-800.DIG•TESS (0 local72 hours prior to digging) SHEET C-01 X - 21991 co 0 SEWER PROJECT NO. P275-7021301997-83 GRAPHIC SCALE IN FEET 0 100 200 400 e -- ...- -- 3 azoo-AcREs •_-v) LOT 34-R2 ELM A ® �i7q SGf7. O - - P�f OPOSED - SANITARY I SEWER MAIN 1 1 I PROPOSED SANITARY SEWER MAIN • • ur 0 C Lig W w • EX 12" WATER MAIN .1- -- CONNECT TO EXISTING SANITARY SEWER SANITARY SEWER MAIN COMMUNITY FACILITIES AGREEMENT FOR ALLIANCE TOWN CENTER OFF -SITE SANITARY SEWER MAIN DOE• 6926 0 EXHIBIT A l IGmley-Hom and Associates, Inc. UNIT II: SEWER CPMS RECORD NO ITEM NO. APPROX. QUANTITY The City of Fort Worth, Texas Alliance Town Center Offsite Sanitary Sewer DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN WITH WORDS UNIT PRICE umish and install, including all appurtenant work, complete in place, the following items: (D-No. refers to related items in the Part D Special Conditions) BID-00319 1 180 LF 6" PVC SDR-26 Sewer (All Depths) BID-00365 2 2166 LF 8" PVC SDR-26 Sewer (All Depths) BID-00227 3 595 LF 10" PVC SDR-26 Sewer (All Depths) BID-00247 4 1383 LF 12" PVC SDR-26 Sewer (All Depths) BID-00207 5 1 EA Connect to Existing SSMH by Drop Connection BID-00213 6 17 EA 4' Diameter Manhole BID-00216 7 88 EA Install Additional vertical depth Manhole BID-00196 8 17 EA Concrete Collars for SSMH BID-00201 9 4197 LF Post Construction TV Inspections of Sewer Main BID-00372 10 4197 LF Trench Safety BID-00217 11 17 EA Vacuum Test Sanitary Sewer Manholes BID-00367 12 30 EA 6" Plug TOTAL AMOUNT $38 00 $6,840.00 $38.50 $83,391.00 $44.20 $26,299.00 $48.00 $66,384.00 $3,500.00 $3,500.00 $2,800.00 $47,600.00 $180.00 $15,840.00 $350.00 $5,950.00 $3.50 $14,689.50 $2.00 $8,394.00 $50.00 $850.00 $200.00 $6,000.00 TOTAL AMOUNT BID UNIT II - SEWER $285,737.50