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Home My WebLink AboutContract 47138 (2)• J �_-:.: .;'t b-ti 'i1 t Ai Developer and Project Information Cover Sheet: Developer Company Name: FG Aledo Development, LLC Address, State, Zip Code: 3045 Lackland Blvd, Fort Worth, TX 76116 Phone & Email: 817-717-7133 kgill@sableholdings.com Authorized Signatory, Title: Kim Gill, General Manager Project Name and Brief Morningstar - Off -site Water Westside IV Description: Project Location: FM 3325, Parker County Plat Case Number: None Plat Name: None Mapsco: 760D Council District: ETJ Adjacent to CD 3 City Project Number: 02605 CFA Number: 2015-057 DOE Number: 7474 To be completed by staffs Received by: Date: City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT § City Secretary 1/7/3'? Contract No. WHEREAS, FG Aledo Development, 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 Morningstar - Off -site Water Westside N ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; 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. 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 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) City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 2 of 11 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX to submit a signed affidavit of bills paid 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 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 describe the Improvements and are incorporated herein: Signs (C) ■ ■ E The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts 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 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 City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 3 of 11 Water (A) , Sewer (A-1) ■, Paving (B) ❑, Storm Drain (B-1) ❑, Street Lights & 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 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 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. 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 in order 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. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 4 of 11 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. 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, its 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, 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 City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 5 of 11 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. 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: 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. Developer shall complete the Improvements 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 additional year. 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 Improvements if at City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 6 of 11 the end of two (2) years from the date of this Agreement (and any extension period) the Improvements 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 Improvements 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) City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 7of11 Cost Summary Sheet Project Name: Morningstar - Off -site Water Westside IV CFA No.: 2015-057 DOE No.: 7474 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 $ 993,387.35 993.387.35 8 B. TRW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees): S s s $ $ 993,387.35 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 19,867.75 D. Water/Sewer Material Testing Fee (2%) $ 19,867.75 Sub -Total for Water Construction Fees $ 39,735.50 E TRW Inspection Fee (4%) F. TPW Material Testing (2%) G. Street Light Inspsection Cost H. Signals Inspection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees Total Construction Fees: $ 39,735.50 Choice Financial Guarantee Options, choose one Amount (Mark one) IBond=100% $ 993,387.35 ICompletion Agreement = 100% / Holds Plat $ 993,387.35 !Cash Escrow Water/Sanitary Sewer= 125% $ 1,241,734.19 'Cash Escrow Paving/Storm Drain = 125% $ 1Letter of Credit = 125% w/2yr expiration period $ 1,241,734.19 City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page Sof11 ACCORDINGLY, the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH Jesus J. ehapa Assistant City Manager Date / &///,06 Recommended by: Wendy Chi B abulal, EMBA, P.E. Development Engineering Manager Water Department dit Douglas W. Wiersig, P.E. Director Transportation & Public Works Department Approved as to Fonn & Legality: Douglas W. Black Assistant City Attorney M&C No. *ha - Date : City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 11 of 11 DEVELOPER FG Aledo Development, LLC Name: I��iin�Gill Title: General Manager Date: WI 2.A \ r ATTEST: (Only if required by Developer) Signature Name: ATTEST: Mary J. City SecrLary • OPRCIML RECoRg CITY SECRETARY Fr WORTH, TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included X X 0 El ■ n ■ ■ Attachment Attachment 1 - Changes to Standard Community Facilities Agreement Location Map Exhibit A: Water Improvments Water Cost Estimate 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 CFA Official Release Date: 07.30.2015 Page 9 of 11 ATTACHMENT "1" Changes to Standard Agreement Community Facilities Agreement City Project No. 02605 Paragraph O. i. is hereby revised to read 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. Upon project completion and as a condition of releasing the Financial Guarantee, the Developer shall pay in cash any difference between the 4% share of the total construction cost and the actual total inspection and material testing costs. 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END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS - DEVELOPER AWARDED PROJECTS Form Version April 2. 2014 201336N - 00 42 43 - ENGINEERS ESTIMATE - CFA - DAP - WS4 - 07-12-15