HomeMy WebLinkAboutContract 44996 (2)CONINIUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
City Secretary
Contract No. Nome/tp
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: D&R Leasing, LLC
Address, State, Zip Code: P.O. Box 79040 I Fort Worth, TX 76179-0040
Phone, E-Mail: (817) 825-1639, denewman@sbcglobal.net
Authorized Signatory/Title: David Newman, Director
Project Name and Brief Description: Water Improvements to serve D&R Leasing, LLC
Project Location: 9891 Saginaw Boulevard, Fort Worth TX
Plat Case No.: FS-011-183 Plat Name: D&R Leasing Addition
Council District: 7 City Project No: 02018 CFA: 2013-062
To be completed by staff: •
Received by: - yy,1/44, fl�� Date:
u
RECEIVED orer 20t0
1
DOE: 6943
OFP//cI4L RECORD.
CITY SECRETARY
Ft WOflu, 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) _X_, Sewer (A-1)
N/A Paving (B) N/A_, Storm Drain (B-1) N/A_, Street Lights & Signs
(C) N/A .
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 Citv of Fort Wortlt, 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 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 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 fmancial 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: D&R Leasing Addition
CFA No.: 2013-062 DOE No.: 6943
Items
A. Water and Sewer Construction
1. Water Construction $
2. Sewer Construction $
Water and Sewer Construction Total $
B. TPW Construction
1. Street $
2. Storm Drain $
3. Street Lights Installed by Developer $
TPW Construction Cost Total $
Developer's Cost
62,495.00
62,495.00
Total Construction Cost (excluding the fees): $ 62,495.00
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $ 1,249.90
D. Water/Sewer Material Testing Fee (2%) $ 1,249.90
Sub -Total for Water Construction Fees $ 2,499.80
E. TPW Inspection Fee (4%) $
F. TPW Material Testing (2%) $
G. Street Light Inspsection Cost $
H. Street Signs Installation Cost $ 2,205.00
Sub -Total for TPW Construction Fees $ 2,205.00
Total Construction Fees: $ 4,704.80
Choice
Financial Guarantee Options, choose one Amount (ck one)
'Bond = 100% ' $ 62,495.00
I Completion Agreement = 100% / Holds Plat I $ 62,495.00
j/
(Cash Escrow Water/Sanitary Sewer= 125% ( $ 78,118.75 �/
'Cash Escrow Paving/Storm Drain = 125% ' $
!Letter of Credit = 125% w/2yr expiration period 1 $ 78,118.75 I
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 sa' D'�j eloper has exec t is
instrument in quadruplicate, at Fort Worth, Texas this(LI7J- day of��
20
CITY OF FORT WORTH - Recommended by:
Water Department
vet
Wendy Chi- abulal, EMBA, P.E.
Developmen Engineering Manager
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. il ke
Date: C
ATTEST:
ary J. ✓. yse/
City Secretary
ATTEST:
Signature
(Print) Name:
Title:
XAB4ckceearieelivir
.4
Transportation & Public Works Department
hi/A
Douglas W. Wiersig, P.E.
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
DEVELOPER:
D&R Leasing, LLC
(Print) Name:
Signature
41/1:0/£
Title: o c le‘
OFFICIAL RECORD
MOT SECRFCAR4( ,
t WORTH, 71% ��
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
n Exhibit B-1: Storm Drain Improvements
❑ Storm Drain Estimate
n Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Estimate
►1
o
n
(Remainder of Page Intentionally Left Blank)
9
r
DRAWN
REVIEWED
DATE
PROJECT NO.
TLH
SCALE
JULY 16, 2013
HICKS FIELD
5
cr)
FORT WORTH LIMIT
WATER TOWER
ONTY
LOCATION MAP
Not to Scale
THOMAS HOOVER ENGINEERING, LLC
420 JOHNSON ROAD, SUITE 303
KELLER, TEXAS 76248
(817) 431-0790 PH. (817) 431-0780 FAX
T.B.P.E. FIRM REGISTRATION NO. 006009
CHECKED
SDS TLH
02-00001.59
N.T.S.
D & R LEASING ADD.
LOTS 1 & 2, BLOCK 1
CASE: FS-011-183
EXHIBIT 1
PROJECT LOCATION MAP
ZONED
"AG„
GRICULTURE
1 I r
DRAWN
REVIEWED
DATE
ZONED
"I"
INDUSTRIAL
50' Ingreoo/Egress Eosemant
Vol. 12229, Pq. 2023, DRTCT
STA. 11+00, WATER UNE "A"
1NSTAw
1-10" GATE VALVE & BOX
1-10"x6" REDUCER
1—STD. FIRE HYDRANT
N. 7013124.25. E. 2304724.17
472 LE PROPOSED 10" PVCI
(C900) WATER UNE
EXISTING
BUILDING
EXISTING
BUILDING
\ \
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EXISTING g.
BUILDING
i 1010.72'
534.34 626 LF PROPOSED PVC
1(C//900) WATER UNE '
15' WATER LI
STA. 79.26, WATER \UNE "A'
INSTALL. \
1-10"x6" NCHOR 'TEE
1-6" GATE VALVE & 80X
N. 7013073.. E. 230539 66
STA 6+77.04, WATER LINE "A
INSTALL:
1-10" 90' ANCHOR ELBOW
W/ HORIZ. BLOCKING
N. 7013124.45. E. 2305147.13
E-Steel 11 LLC
CF# 0209280915, 0 I
04.42 ----
15' WATER LINE ES
STA. 9+71.51, WATER UNE "A"
NSTALLI
1-1" 00MES11C SERVICE
N. 7013124.31. E. 2304852.66
Lot 2
3.210 Acres
Block 1
D & R LEASING ADDIT
456.67'
uu
W9
10' 1ESC0 E.m't
Vol. 7022, Pg. 127, DRTCT
Al-Zam Investment LLC
Vol. 14576, Pg. 266, DRT
STA 6+25,76, WATER UNE "A"
NSTALL:
t-10"x10" ANCHOR TEE
1—T0" GAZE VALVE & 80X
1-10' PLUG W/ HORIZ. BLOCKING
N. 7013073.17, E. 2305147.16
1 1!
T
51 LF PROPOSED 10" PVCI
(C900) WATER UNE "A"
_ N 88°26'20"E
EXISTING 1
BUILDING
24' ACCC66 Easement & Firel
BUISOING4.392
EXISTING
BUILDING
S 88°26
ZONED
1,1T7
INDUSTRIAL
THOMAS HOOVER ENGINEERING, LLC
420 JOHNSON ROAD, SUITE 303
KELLER, TEXAS 76248
(817) 431-0790 PH. (817) 431-0780 FAX
T.B.P.E. FIRM REGISTRATION NO. 006009
SOS
TLH
JULY 16, 2013
CHECKED
PROJECT NO.
SCALE
TLH
02-00001 .59
1" = 200'
WATER LINE
EXISTING
cres BUILDING
Access Eset
Vol. 15139.
Pg. 133
EXISTING
BUILDING
757.17.
W 1211.96Tronsm16sslon Tower
Metroplex Tolophono Co.
(Loose) Vol. 15139, Pg. 133
STA. 6+25.78 35' LT.. WATER UNE "A"
INSTALL:
1—STD. FIRE HYDRANT
N. 7013038.35, E. 2305393.68
LEGEND
PROPOSED (PUBLIC) WATER
FH4- PROPOSED (PUBLIC) FIRE HYDRANT
PROPOSED (PRIVATE) FIRE SERVICE
PROPOSED (PRIVATE) WATER SERVICE
EXISTING WATER MAIN
ZONED
„K 77
INDUSTRIAL
STA. 0+00. WATER UNE "A'
CONNECT TO EXISTING 36" RCCP WATER MAIN,
THIS CONNECTION SHALL BE MADE BY
CITY/MANUFACTURER'S APPROVED CONTRACTOR
INSTALL:
1-38"HHO" TAPPING SLEEVE
1-10" TAPPING VALVE & BOX
N. 7013093.35. E. 2305766.01
STA. 0+31.49. WATER UNE "A"
INSTALL:
1-10"39' BEND W/ 140R12. BLOCKING
N. 7013073.64. E. 2305741.43
0 100 200
D & R LEASING ADD.
LOTS 1 & 2, BLOCK 1
CASE: FS-01 1-183
EXHIBIT A
WATER CFA
Scale in Feet
400
qti, N
co.ts\
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kr;
now., A413P40.00.00DOaaO„eP,,c0
Pu: �; 3 a
Oaf
DATE:
TO:
August 21, 2013
D & R LEASING LLC
WALKER UTILITIES, INC.
124 Brown Trail
Hurst, Texas 76053
PHONE 817-268-2318 FAX 817-268-2330
We propose to furnish the necessary labor, materials, equipment and incidentals to construct the following
described work in accordance with plans of HOOVER Engineers, and the
the requirements of FORT WORTH, TEXAS specifications.
Description of Work:
List All Work(I.e. Water )
Location: D & R LEASING
FORT WORTH, TEXAS
Quantities and Prices
WATER MAINS
1100
40
1
2
1
2
1
1
1
1
1
1
1
1
1
1
ADDITIONAL PRICING
1). 50
2). 1
LF 10" DR-14 PVC PIPE
LF 6 ' DR-14 PVC PIPE
EA 36" X 10" T.S.V.
EA 10' G.V
EA 6" G.V.
EA F.H.
EA 1" DOM. SERVICE W/O METER
LS FITTINGS & BLOCKING
EA TEST
EA TRENCH SAFETY
LS RJR EX. FLEX BASE PVMT.
LS TRAFFIC CONTROL
EA 3-WAY CONT. & BONDS
LS CONSTRUCTION STAKING
LS HAULOFF EXCESS SPOILS
LS MOBILIZATION
SF RJR EX. ASPHALT DRIVE (IF REQ )
LS R/R EX. CHAIN LINK FENCE (IF REQ )
NOTE: SEE PAGE 2 FOR INCLUSIONS & EXCLUSIONS
$35.00
$29.00
$7,850.00
$1,675.00
$800.00
$2,975.00
$750.00
$2,650.00
$1,000.00
$500.00
$1,250.00
$400.00
$2,250.00
$1,750.00
$1,950.00
$1,000.00
TOTAL BID:
$22.50
$750.00
ADDITIONAL PRICING TOTAL:
$38,500.00
$1,160.00
$7,850.00
$3,350.00
$800.00
$5,950.00
$750.00
$2,650.00
$1,000.00
$500.00
$1,250.00
$400.00
$2,250.00
$1,750.00
$1,950.00
$1,000.00
$71,110.00
$1,125.00
$750.00
$1,875.00
Page 1 of 2
Walker Utilities, Inc.
Location: D & R LEASING
FORT WORTH, TEXAS
PROVISIONS
1
SOIL TESTING BY OTHERS
ANY METER OR CITY FEE'S, INSP. FEE'S, CONN. FEE'S OR PERMITS BY OTHER
ONE MOVE IN
BARRICADES PROVIDED ONLY AT WORK LOCATION DURING CONSTRUCTION
INSURANCE LIMITS $5,000,000.00
WORK TO INCLUDE ONLY THE ITEMS LISTED
NO LANDSCAPING, HYDROMULCHING OR GRASS SOD INCLUDED
ADDITIONAL MONIES MAY BE DUE IF EXTENSIVE SPRINKLERS SYSTEMS ARE LOCATED
NO RELOCATION OF EXISTING UTILITIES INCLUDED
NO R/R OF EX. PAVEMENT INCLUDED
BID TO R/R EX. FLEXBASE. ADDITIONAL FLEXBASE WILL BE A EXTRA CHARGE T.B.D.
STAGING AREA PROVIDED BY OWNER
NO CLEANING OF EXISTING SYSTEMS INCLUDED.
NO TREE REMOVAL
NO S.W.P.P.P. DESIGN OR SUBMITAL INCLUDED
ANY BURIED DEBRIS ENCOUNTERED, WILL BE REMOVED AT EQUIPMENT HOURLY RATE.
For your convenience, the above quantities have been estimated, however this proposal is on a unit price basis with payments to be made on
the actual measured quantities of work completed.
On the last day of each month partial estimates shall be prepared including all of the completed work plus all of the material on hand for the
uncompleted portion and shall be paid in full not later than the 15th day of the following month. Final estimate shall be prepared immediately
upon completion and shall be paid within 15 days. All estimates not received on due date shall bear interest from due date until date received
at 12% per annum.
It is also agreed by both parties to this agreement that any and all costs of litigation to obtain monies due contractor shall be at the expense of
the owner.
This proposal is also based on all engineering, grades and alignments being furnished by the owner, together with all necessary permits from
the City, County, State or other interested parties. Our prices include on -site disposal of excess materials. Off -site disposal will be the
responsibility of the excavation contractor.
Your acceptance of this proposal by signing and returning one copy to us within (10) days and the approval by us of credit arrangement will
constitute a contract between us. This proposal or contract is subject to cancellation if a National Emergency should cause materials to
become unavailable.
ACCEPTED:
(Owner)
Walker Utilities, Inc.
(Contractor)
la's an battle -do.
By Jason Escobedo
Estimator
Title Title
Bank Ref
Date Attest
Page 2 of 2