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HomeMy WebLinkAboutContract 44303 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary Contract No. Lam 303 • 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: Moriah Real Estate Company, LLC Address, State, Zip Code: 303 W. Wall, Suite 1500 I Midland, TX 79704 Phone, E-Mail: (432) 682-0292 Authorized Signatory/Title: Alfred C. Branch, President Project Name: Moriah at Timberland Project Location: NEC IH-35W & Golden Triangle Blvd. • Plat Case No.: FP-012-011 Plat Name: Moriah at Timberland Addition Mapsco: 21L CFA: 2012-057 DOE: 6826 To be completed by staff Received by: c _) Council District: 2 City Project No: 01890 Date: 9110- � � 3 OFFICIAL REGURD\ CITY si'cflTh nIW�KT$v TX RECEIVED MAR 252013 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) X , Paving (B) X , Storm Drain (B-1) X , 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 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 perfounance 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 teini 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, stonnn 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 Citv 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 font 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 stoun 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 1 YEAR 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 one (1) year; provided, however, if construction of the community facilities has started within the one 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 one (1) year 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 one (1) year 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. Moriah at Timberland CFA No.: 2012-057 DOE No.: 6826 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 $ 209,978.00 2 Sewer Construction $ 57,518.00 Water and Seiner Construction Total $ 267,496.00 B. TPW Construction 1. Street $ 78,674.00 2. Storm Drain $ 241,600.00 3. Street Lights Installed by Developer $ TPW Construction Cost Total $ 320,274.00 Total Construction Cost (excluding the fees): $ 587,770.00 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 5,349.92 D. Water/Sewer Material Testing Fee (2%) $ 5,349.92 Sub -Total for Water Construction Fees $ 10, 699.84 E. TPW Inspection Fee (4%) $ 12,810.96 F. TPW Material Testing (2%) $ 6,405.48 G. Street Light Inspsection CostH. Street Signs Installation Cost $ Sub -Total for TPW Construction Fees $ 19,216.44 Total Construction Fees: $ 29,916.28 Choice Financial Guarantee Options, choose one Amount (ck one) I Bond = 100% $ 587,770.00 (Completion Agreement = 100% / Holds Plat $ 587,770.00 'Cash Escrow Water/Sanitary Sewer= 125% $ 334,370.00 'Cash Escrow Paving/Storm Drain = 125% $ 400,342 50 'Letter of Credit = 125% w/1 yr expiration period $ 734,712.50 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 executed this instrument in quadruplicate, at Fort Worth, Texas this Z day of 17-cauft(t1 ,20 . CITY OF FORT WORTH - Recommended by: Water Department 1(3 —la_ Wendy Chi Developm ;bulal, EMBA, P.E. nt Engineering Manager Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. Ai /A - Date: ATTEST: $4aryJ.K City Secretary ATTEST: • Signature (Print) Name: Transportation & Public Works Department Dougla Director /,‘) Wiersig, P.E. emi Approved by City Manager's Office tifati4 Fernando Costa Assistant City Manager y0i S. ; t LcriAlc‘cb\:‘;‘•:<1.` Moriah Real Estate Company, LLC • ,4/rC•z_ Signature Print Name: IaEC/'tot �. • Qf'A.Nt.�+. Title: ?rcscttnt Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included rs rs ra n 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) A. B. C. D. E. F. G. H. 1 J. K L M. N . O . P . Q. A. B. C. D. E. F. G. H. I. J. K. L. Community Facilities Agreement for MORIAH AT TIMBERLAND December 12, 2012 Exhibit A * Water Description 16" Water (PVC) 16" Water (DIP) 12" Water 6" Water (Fireline) 16" Gate Valve wNault 12" Gate Valve 6" Gate Valve (Fireline) 4" Blow -off Valve wNault Fittings Conn To Ex. Water 2" Dom. Water Service w/Meter Box (tap) 2" Irr. Service w/Meter Box (tap) Testing Trench Safety 30" Steel Casing Pipe 2" Dom./Irr. Service line Hydromulch Seeding Exhibit A-1 * Sanitary Sewer Description 10" PVC 8' PVC 8" DIP 4' Dia. S.S. Manhole Etre Depth Manhole Conn. To ex. S.S. Vacuum test for MH Concrete collars 18" Steel Casing Pipe TV inspection Trench Safety Hydromulch Seeding Quantity 1,745 120 20 35 3 1 3 1 3.30 2 4 4 1 1,920 95 120 900 1 Unit I Unit Price L.F. I $ 53.00 $ LF 1 $ 83.00 $ L.F. I $ 38.00 I $ L F $ 28.00 $ Ea. $ 8,768.00 $ Ea. I $ 1,587.00 $ Ea. $ 835.00 $ Ea. $ 4,100.00 $ Tons $ 6,330.00 $ Ea. $ 2,000.00 $ Ea. $ 866.00 $ Ea. $ 866.00 $ L S $ 10,000.00 $ L.F. $ 1.00 $ L.F. $ 250.00 $ L F $ 28.00 $ S.Y. $ 0.50 $ Subtotal $ Quantity Unit 14 L.F. 337 L.F. 208 L F 4 I Ea. 17 ( VF 1 1 Ea. 4 1 Ea. 4 ( Ea. 95 L F 559 L.F. 559 L F 200 S.Y. Unit Price $ 60.00 $ 40.00 $ 40.00 $ 2,340.00 $ 150.00 $ 2,000.00 $ 104.00 $ 39.00 $ 200.00 $ 3.00 $ 1.00 $ 0.50 Subtotal Total 92,485.00 9,960100 760.00 980.00 26,304.00 1,587.00 2,505.00 4,100.00 20,889.00 4,000.00 3,464.00 3,464.00 10, 000.00 1,920.00 231750.00 3,360.00 450.00 209,978.00 Total 840.00 13,480.00 8,320.00 9,360.00 2,550.00 2,000.00 416.00 156.00 19, 000.00 1,677.00 559.00 100.00 57,518.00 G\260\36\Engineering\CFAt26036 cfa-PH1 Community Facilities Agreement for MORIAH AT TIMBERLAND December 12, 2012 Exhibit B- Paving Description IA. 6" 4000 psi Conc. Pavement IB. 6" Scarified Lime -Stabilized Subgrade IC. I7" Curb D. 15' Reiff. Conc. Sidewalk E. I ButtonsfStriping/Signage F. ITraffic Control I Exhibit B-1 * Storm Drain Description IA. 4-10'x5' Reiff. Conc Box 1B. Type "PW" Headwall w/Handrail Cl Rock Riprap D. Concrete Apron TOTALS Exhibit A * Water Exhibit A-1 * Sanitary Sewer 12% Testing Fee 2% Inspection Fee Exhibit B * Paving Exhibit B-1 * Storm Drain 12% Testing Fee 4% Inspection fee Quantity 1,900 2,090 882 4,260 1 1 U nit S .Y. S.Y. LF S .F. LS L.S. Quantity Unit 50 L.F. 2 EA 300 C.Y. 165 S.Y. Unit Price $ 24.00 $ $ 3.00 $ $ 2.00 $ I $ 4.00 $ $ 5,000.00 I $ $ 3,000.00 1 $ Subtotal I $ Unit Price $ 2,000.00 $ I $ 60,000.00 $ $ 50.00I$ $ 40.00 I $ Subtotal I $ $ I Subtotal $ $ I Total I $ I Subtotal Total Total 45,600.00 6,270.00 1,764.00 17,040.00 5,000.00 3,000.00 78,674.00 Total 100, 000.00 120,000.00 15, 000.00 6,600.00 241,600.00 209,978.00 57,518.00 267,496.00 5,349.92 5,349.92 278,195.84 I $ 78,674.00 $ 241,600.00 $ 320,274.00 $ 6,405.48 $ 12,810.96 $ 339,490.44 G:1260\361Engineering\CFA126036 cfa-PH1 B''� LUE MOUND RD. E. W. HICKS RD. \‘17nIl�.aAogeleflai*a ONSULTIILO VA% ENGINEERS a SURVEYORS 0772) 490-7090 FAX C972) 490-7099 Scale : N.T.S. Design : TG.Y. Drawn : W.A.I. Dwg. Fife : 26036CFA.dwq Project No. : 26036.01(20) oats: 12/12/12 GOLDEN TRIANGLE BLVD. ERITAGE TRACE PKWY. tn N. TARRANT PKWY LOCATION MAP N.T.S. TARRANT COUNTY MAPSCO NO. 21--L COUNCIL DISTRICT 2 onnn J. JUSTICE SURVEY A R.R. RAMEY SURVEY A — 1342 CITY OF FORT WORTH TARRANT COUNTY, TEXAS LOCKARD CONSTRUCTION 4601 PRAIRIE PKWY. CEDAR FAILS, IOWA 50813 SHRRT 1 OF FORT WORTH, TARRANT COUNTY, TEXAS S VICINITY RIP MORIAH AT TIMBERLAND E IEX. 24" WATER S —7 a4aa� AI 1 ---� EX. 16" WATER CONNECT TO EXISTING 16" WATER H 5959'S5`I W LOT 8 BLOCK 1 LOT 10 BLOCK 1 LOT 1, BLOCK 1 LAWSON AOOITLON CAB. A, SL, 5570 PROP. 16" WATER - -t — ss — sr--- --sr J LOT 11 BLOCK 1 GOLDEN TRIANGLE BLVD. Wnmkeaunimgamm Lis A8®Q AWt®me lliu u cDNSUL1e70 £ML ENOINEERS • SURVEYORS (972} 00-7090 FAX (972) 440-7094 Scale ; 1 "= 2003 Destgn Drawn : W.A.I. Owg. Fite : 26036CFA.dwq Protect No. ; 26036.01(2M Date : 12/12/12 W. MCCO'MEN SURVEY. ABSTRACT NO. 949 CRY OF FORT WW1 7ARRANr COUNTY, TEXAS MOROAN REAL ESTATE COMPANY. LLC 303 W. WALL MEET. SUITE 1600 MWANO, TEXAS 70704 e73,eo' LOT 7 PLUCK 1 r b LOT 9 BLOCK 1 LOT 12 BLOCK 1 0 CONNECT TO EXISTING 16" WATER LOT 3 BLACK 1 IEX, 16" WATER L 01 100' 200' SCALE: ft= 200' WATER EXHIBIT EXIIIBIT A MORIAH AT TIMBERLAND Sasax 2 OF FORT WORTH, TARRANT COUNTY, TEXAQ 5 1 1 1 V 99'69'61' LOT 11 BLOCK 1 LAWSON ADDITION OAR. A, SL 5579 N 6999'85' W L- Y_ LOT 8 BLOCK 1 \ LOT 10 BLOCK CONST. 4' DIA. // SAN. SWR. M.H. /f itg If m• wart— GOLDEN TRIANGLE BLVD. Wih mkeilt�meam1ra Aeozoonittcwo Ikea CnusULDHa CIVIL 47l01HEEss a SURVEYORS (972) 490-7090 FAX (072} 490-1099 Scale : 1 = 200' Design : T.C.Y. Drawn : Dwg. File : 26036CFA.dw,q Protect No.: 26036.01(20) Date : 12/12/12 Q� a PROP. 8" SAN SWR, W. NCCOWER SURVEY, ASS1RACr NO, 999 CITY OF FORT WORTH TARRANT COUNTY, TEXAS L10R?A6 REAL ESTATE COMPANY, LLO 303 W WALL STREET, SUITE 1500 LRIOLAND, 1FVAI 79704 673.901 n LOT 7 BLOCK 1 1 LOT 9 BLOCK 1 LOT 12 BLOCK 1 CONST. 4' DIA. SAN. SWR. M,H, &10L.E8" SWR. NORTH & CAP PROP. 8" SAN SWR. CONST. 4' DIA. SAN. SWR M.H. & 101 L.F 8' SWR. WEST. CONNECT TO EXISTING 10" SEWER 13 S1 k -1 0' Tool 200' 1 SCALE: 1'AM 200' SANITARY SEWER .EXHIBIT EiLH1BIT 4 1 MORTAR- AT TIMBERLAND FORT WORTH, TARRANT COUNTY, TEXAS 1 SHEET 3 OF 5 / / / / / / / / • f 1 r c // 88'b9'65' N b0ri0$54 W . LOT BLOCK 1 LOT ID BLOCK 1 870.90' r I1 LOT 1 BLOCK 1 LAWSON AOOMTtON CAB. A, SL. 557D 0' 100' SCALE; 11%= 200' I 111R.vi' y LOT 11 BLOCK 1 art GOLDEN TRIANGLE BLVD. itigkiDilMagiYa 85 AVM 61,1)amain, haat CONSULTING CIVIL EROINEERS ■ SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scats : 1 '= 200' Design : T.C.Y. Drawn : Owg. FEte ; 26036CFAAN protect No. : 26036.01(20) Dote : 12/12/12 0nm: W. UCCOWEN SURVEY, ADSIRAGT ND. DOD C1lY OF PORT HURTlI TARRANT 000NTY, TEXAS AIORIAH REAL ESTATE CNLIPANY. LLC 303 W. WALL STREET. STRTE 'Sao MIDLAND, TEXAS 70704 LOT 7 BLOCK 1 w 200' 13 6" 4000 PSI CONC. APAVEMENT, 8 LIME STAHIL ZED SUBGRADE AND 7' CURB LOT D BLOCK 1 1 CONST. 4-260 S.F. 5' REINF. CONC. SIDEWALK LOT 12 BLOCK 1 1 b LOT 15 BLOCK 1 TW" • PAYING EXHIBIT EXHIBIT B MORIAH AT TIMBERLAND FORT WORTH, TARRANT COUNTY, TEXAS • i SHERT 4 OR 5 LOT 1, BLOCK 1 LAWSON AUDITION CAB, A, SL. 5579 N 99'39'85' W 1 If 92959' LOT B BLOCK 1 CONSTRUCT 4-10'x5' REINF. CONCRETE BOX CULVERT INSTALL 655 S.F. I .1 N) CONC RIP —RAP. Vvcire LOT 11 BLOW( 1 -3a GOLDEN TRIANGLE BLVD. Wfunikoilatlitalimin Amegewitthel, 1I si CONSULTING CIVIL ENGINEERS ■ SURVEYORS (972) 490--7090 FAX (972) 49(1-7099 Scale : 1 = 200' Design : T.C.Y. Drawn : Dwg. Fire : 26036CFA.dwg Pmiaat No.: 26036.01(20) Date : 12/12/12 ate: W. WCCOWcN SURVEY ASSTRAcT ND. 999 CITY OF FORT WORTH TARRANT COUNTY. TEXAS NORM ARAL ESTATE COMPANY. TLC 303 W. WALL STREET, SUITE 1400 MOUND. TEXAS 79704 f L 971.90E LOT 7 BLACK 1 LOT 5 BLOCK 1 LOT12 BLOCK 1 1 INSTALL 622 S.F. CONC RIP —RAP. LOT 13 BLOCK 1 O' 1D0' 200' 1 SCALE: 1"= 200' STORM SEWER EXHIBIT EXHIBIT B-1 MORIAH AT TIMBERLAND FORT WORTH TARRANT COUNTY, TEXAS • • SHUT 4 OF 5