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HomeMy WebLinkAboutContract 45106 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary Contract No. 4siun WHEREAS, the undersigned Developer ("Developer") desires to make certain improvements ("Improvements") related to a project as described below ("Project") within the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this Community Facilities • Agreement ("CFA" or "Agreement") in connection with the Improvements. Developer and Project Information: [Developer Company Name: Moriah Real Estate Company, LLC Address, State, Zip Code: 303 W. Wall Street, Suite 1500 I Midland, TX 79704 Phone, E-Mail: (432) 682-0292 1 al@moriahgroup.net Authorized Signatory/Title: Alfred C. Branch, President Project Name and Brief Description: Paving & Traffic Signal Improvements for Moriah at Timberland Project Location: NEC of Golden Triangle Blvd. and IH-35W Plat Case No.: FP-012-011 Plat Name: Moriah at Timberland Addition Council District: 7 City Project No: 02064 JCFA: 2013-054 To be completed by staff Received by: CA Ltt'`S i,r:er_ivr_nNov zz2as DOE: 6989 ] Date: i I � I OFFICIAL RECORD CITY SECRETARY F7: WORTH, TX 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 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) N/A , Sewer (A-1) N/A , Paving (B) X , Storm Drain (B-1) N/A , Street Lights, Signs (C, C-1) N/A , Traffic Signals (C-2) X . 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. 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 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 Improvements, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the Improvements 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. 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 stoini 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. If applicable, the City's obligation to participate (exclusive of front foot charges) in the cost of the Improvements shall terminate if the Improvements are not completed 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 year. If the Improvements 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 Improvements if at the end of two (2) years from the date of this Agreement 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) Cost Summary Sheet Project Name: Paving and Traffic Signal Improvements for Moriah at Timberland CFA No.: 2013 054 DOE No.: 69891 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 2. Sewer Construction Water and Seater Construction Total $ B. TPW Construction 1. Street $ 103,866.00 2 Storm Drain $ 3. Street Lights Installed by Developer $ 4. Traffic Signals $ 86,183.00 TPW Construction Cost Total $ 190,049.00 Total Construction Cost (excluding the fees); $ 190,049.00 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 (4%) H. Traffic Signal Inspection Cost (4%) $ 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 4,154.64 2,077.32 3,447.32 9,679.28 $ 9,679.28 Choice Amount (ck one) 190, 049.00 $ 190, 049.00 $ 237, 561.25 / $ 237,561 25 �/ 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 execut thi instrument in quadruplicate, at Fort Worth, Texas this .— day of , 20 CITY OF FORT WORTH - Recommended by: Water Department r-k- Wendy Chi-Babulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality: Douglas' Black Assistant City Attorney M&C No. ,i Date: ATTEST: 0 yM City Secre ary ATTEST: Signature Print Name: Title: popc"1/40%o C-3 0 0 1 i 8 ©0 Tr sportation & Public Works Department Douglas Vjr) Wiersig, P.E. Director Approved by City Manager's Office Fernando Costa Assistant City Manager .C� a =9 DEVELOPER: Moriah Real Estate Com a Signature Print Name: it We -eel C Title: ] ilrett ;0t4...4 OFFffCIAL RECORD CITY SECRETARY Ft WORTH9 IX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement [Included n n 0 n AS 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, C-1: Street Lights and Signs Improvements Street Lights and Signs Estimate Exhibit C-2: Traffic Signal Improvements Traffic Signal Estimate (Remainder of Page Intentionally Left Blank) 9 �E MOUND RD. E. w"th Wfimkalinmaumrol CONSULTING CIVIL ENGINEERS ■ SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale : N.T.S. Date: 08/19/13 Design : T C.Y. Drawn : W.A.I. Dwg. File : 26065CFA.dwg Protect No. : 26065.01(20) HARMON RD. ALTA VISTA RD. SITE GOLDEN TRIANGLE BLVD. N. BEACH ST. ERITAGE TRACE PKWY SHIVER RD. N. TARR/ NT PKWY LOCATION MAP N.T.S. TARRANT COUNTY MAPSCO NO. 21—L COUNCIL DISTRICT 2 DOE # 6989 CITY PROJECT NO. 02064 J. JUSTICE SURVEY A - 859 R.R. RAMEY SURVEY A - 1342 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Mitt LOCKARD CONSTRUCTION 4501 PRAIRIE PKWY, CEDAR FALLS, IOWA 50613 RAY WHITE RD. SHEET 1 OF FORT WORTH, TARRANT COUNTY, TEXAS 3 VICINITY MAP MORIAH AT TIMBERLAND 1 I 11, 89'59'556 W N 89'59'S5" W LOT 8 BLOCK 1 LOT 10 BLOCK 1 } a LOT 1, BLOCK 1 LAWSON ADDITION CAB, Al SL. 5579 GOLDEN TRIANGLE BLVD. 'n o Ike _Ilffiaillin. A®®®enffit®go lli CONSULTING CIVIL ENGINEERS ■ SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale : 1 "= 200' Date : 08/19/13 Design : T.C.Y. Drawn : W.A.I. Dwg. File : 26065CFA.dwq Project No.: 26065.01(20) O'M ER: 0' 873.90' 100' 200' SCALE: 1"= 200' hl : 829.59' • LOT 11 BLOCK 1 1 LEGEND 9" C.R.C.P WITH 4" H.M.A.C. TYPE 'B' UNDERLAYMENT AND 7' TYPE II MONO CURB PER PAY ITEM No. W. MCCOWEN SURVEY, ABSTRACT NO. 999 CITY OF FORT WORTH TARRANT COUNTY, TEXAS MORIAH REAL ESTATE COMPANY, LLC 303 W. WALL STREET, SUITE 1500 MIDLAND, TEXAS 79704 11 LOT 7 BLOCK 1 1 LOT 9 BLOCK 1 c F c LOT 12 BLOCK 1 LOT 13 BLOCK 1 ADA RAMPS TRAFFIC STOP BAR PROPOSED SIDEWALK PAVEMENT EXHIBIT EXHIBIT B MORIAH AT TIMBERLAND FORT WORTH, TARRANT COUNTY, TEXAS 1 3 )r SHEET 2 OF 3 iLl WI Whotelneamm CONSULTING CIVIL ENGINEERS ■ SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale : 1 '= 200' Date : 08/19/13 Design : T.C.Y. Drawn : W.A.I. Dwg. File : 26065CFA.dwq Proiect No. : 26065.01(20) N 8959'55' W LOT 8 BLOCK 1 I ..I ---`L ... aw . - 1:. LOT 10 BLOCK 1 LflU)JV IV CAB. A, SL.u5579 0' 100' 200' SCALE: 118= 200' LOT 7 BLOCK 1 f• 1 LOT 11 BLOCK 1 GOLDEN TRIANGLE BLVD. LEGEND EXISTING TRAFFIC SIGNAL PROPOSED TRAFFIC SIGNAL TRAFFIC STOP BAR CROSSWALK STRIPING TRAFFIC SIGNAL EXHIBIT EXHIBIT H MORIAH AT TIMBERLAND FORT WORTH, TARRANT COUNTY, TEXAS G VEA: Fl 1 LOT 9 BLOCK 1 W. MCCOWEN SURVEY, ABSTRACT N0. 999 CITY OF FORT WORTH TARRANT COUNTY, TEXAS MORIAH REAL ESTATE COMPANY, LLC 303 W. WALL STREET SUITE 1500 MIDLAND, TEXAS 79704 to 0 P 8 2 LOT 12 BLOCK 1 4. LOT 13 BLOCK 1 - .....a...,� �_ PROPOSED TRAFFIC SIGNAL IMPROVEMENT SHEET 3 OF 3 Exhibit B- Paving 1 3213 2 3212 3 3211 4 3216. 5 3213. 6 3213. 7 3213. 8 3217. 9 3471. 10 0241. Cost Estimate for MORIAH AT TIMBERLAND RIGHT TURN LANE/TRAFFIC SIGNAL July 22, 2013 Description . 0104 9" C R.C.P. . 0501 4" HMAC TYPE "B" underlayment .XXXX 36' Scarified Lime -Stabilized Subgrade 0102 7" Curb Type II Curb 0302 5' Reinf Conc. Sidewalk 0503 "Type M-1" BF Ramp 0501 "Type R-1" BF Ramp 0001 4" SLD Pvmt Marking HAS (W) 0001 Traffic Control 1300 Sawcut and Remove Curb & Gutter Exhibit H- Traffic Signal Description 1 2605.0111 ELEC SERV PED 2 2605.3011 2' CONDT PVC SCH 80 (T) 3 2605.3021 3' CONDT PVC SCH 80 (T) 4 2605.3022 3' CONDT PVC SCH 80 (B) 5 3213.0521 6' Barrier Free Ramp Type G 6 3217.0305 12" SLD Pvmt Marking Paint (W) 7 3217.0503 24" SLD Pvmt Marking Paint (W) 8 13441.1001 3-Sect Signal Head Assmbly 9 13441.1011 Ped Signal Head Assmbly 1013441.1031 Accessible Ped Signal 11 13441.1203 Install Radar Presence Detect System 1213441.1208 Install Emergency Vehicle Preemption System 13 13441.1314 10/C 14 AWG Multi -Conductor Cable 1413441.1315 20/C 14 AWG Multi -Conductor Cable 1513441.1408 NO 6 Insulated Elec Condr 1613441.1409 NO 8 Insulated Elec Condr 1713441.1414 NO 8 Bare Elec Condr 1813441.1503 Ground Box Large, w/ Lid Apron 1913441.1606 Install 10' - 14 Ped Pole Assmbly 2013441.1617 Install Type 41 Signal Pole 21 13441.1617 Install Anchor Bolts for Type 41 Signal Pole 2213441.1619 Install Type 43 Signal Pole 2313441.1619 Install Anchor Bolts for Type 43 Signal Pole 2413441.1627 Install Mast Arm 40' 2513441.1627 Install Mast Arm 48' 261XXXX XXXX Install 8' Street Light Arms with Lamp and other equipment 2713441.1701 TY 1 Signal Foundation 2813441.1703 TY 3 Signal Foundation 2913441.1704 TY 4 Signal Foundation 3013441.1711 Signal Controller Foundation 31 13441.1724 Install Controller & Cabinet Ground MNT 3213441.4001 Furnish/Install Alum Sign Mast Arm Mount 3313441.4002 Furnish/Install Alum Sign Ground Mount TxDOT Std. 3413441.4005 Install Alum Sign Mast Arm Mount • 1 1 TOTALS Exhibit B * Paving Exhibit H* Right Turn Lane & Traffic Signal 12% Testing Fee 14% Inspection fee • Quantity 393 473 490 335 1712 2 1 83 1 337 Quantity 1 50 235 310 2 496 134 9 6 6 1 1 45 600 70 405 425 5 2 1 1 3 3 1 2 4 2 1 3 1 1 1 2 1 S nit S .Y. S .Y. S .Y. L.F. S .F. EA. EA. L.F. L.S. L.F. Unit Price $ 82.00 $ 40.00 $ 42.00 $ 20.00 $ 4.50 $ 1,350.00 $ 1,800.00 $ 12.00 $ 5,500.00 $ 20.00 Subtotal Unit Unit Price EA $ 1,800.00 LF $ 12.00 LF $ 14.00 LF $ 24.00 EA $ 2,500.00 LF $ 4.00 LF $ 6.00 EA $ 1,200.00 EA $ 750.00 EA $ 1,400.00 EA $ 1,500.00 LS $ 960.00 LF $ 3.00 LF $ 4.00 LF $ 2.00 LF $ 2.00 LF $ 2.00 EA $ 800.00 EA $ 900.00 EA $ 550.00 EA $ 500.00 EA $ 550.00 EA $ 500.00 EA $ 550.00 EA $ 550.00 EA $ 900.00 EA $ 1,350.00 EA $ 2,400.00 EA $ 2,500 00 EA $ 2,400 00 EA $ 2,400 00 EA $ 300.00 EA $ 850 00 EA $ 120 00 Subtotal • 1 Subtotal 1 Total Construction Fee Total 1 32,226.00 18, 920.00 20,580.00 6,700.00 7,704.00 2,700.00 1,800.00 996.00 5,500.00 6,740.00 103,866.00 Total 1 1,800.00 1 600.00 1 3,290.00 1 7,440.00 1 5,000.00 1,984.00 804.00 1 10,800.00 4,500.00 8,400.00 1,500.00 960.00 135.00 2,400.00 140.00 810.00 850.00 4,000.00 1,800.00 550.00 500.00 1,650.00 1,500.00 550.00 1,100.00 3,600.00 2,700.00 2,400.00 7,500.00 2,400.00 2,400.00 300.00 1,700.00 $ 120.00 1 $ 861183.00 I 103,866.00 86,183.00 190,049.00 2,077.32 7,601.96 9,679.28 G•1260\65\Engineering\CFA126065 Cost-RT