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HomeMy WebLinkAboutContract 44709 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary J Contract No. L!I-I1Ut1 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: W.S. Mineral Holdings, LLC Address, State, Zip Code: 1221 N IH-35E, Ste. 2001 Carrolton, TX 75006 Phone, E-Mail: (469)792-8000 1 laura@centurionamerican.com Authorized Signatory/Title: Mehrdad Moayedi Project Name and Brief Description: Paving & Storm Drain for Sendera Ranch Blvd. Section III Project Location: 65' R.O.W. between Mustang Ridge Dr. & Bronc Pen Ln. Plat Case No.:N/A Plat Name: N/A Council District: 2 City Project No: 01161 CFA: 2013-046 DOE: 5076 To be completed by sta f.• Received by: V, -t4 Date: C' I 13 aiFFOCON. RECORD ©orr 3ILc9W,�{Nrr Fir. t7C27111, ° RECEIVED AUG 15 2013 1 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) , Sewer (A-1) __, Paving (B) X, Storm Drain (B-1) X_, Street Lights & Signs (C)e. 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 2 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 alleeed 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 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: Sendera Ranch Boulevard Section III CFA No.: 2013-046 DOE No.: 5076 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 $ 741,569.64 Developer's Cost $ 289,937.37 $ 449,372.27 $ 2,260.00 Total Construction Cost (excluding the fees): $ 741,569.64 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%) $ 29,572.39 F. TPW Material Testing (2%) $ 14,786.19 G. Street Light Inspsection Cost $ 90.40 H. Street Signs Installation Cost $ Sub -Total for TPW Construction Fees $ 44,448.98 Total Construction Fees: $ 44,448.98 Choice Financial Guarantee Options, choose one Amount (ck one) Bond = 100% $ 741,569.64 V Completion Agreement = 100% / Holds Plat $ 741,569.64 (Cash Escrow Water/Sanitary Sewer= 125% $ - 'Cash Escrow Paving/Storm Drain = 125% $ 926,962.05 Letter of Credit = 125% w/2yr expiration period $ 926,962.05 7 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' Dev Loper has execjd this instrument in u druplicate, at Fort Worth, Texas this ; day of ,,(,y ,20 _ CITY OF FORT WORTH - Recommended by: Water Department In - Wendy Chi-i3abulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. i(! A Date: ATTEST: 1 Marl/J.`T ay, City Secret ATTEST: By: Transportation & Public Works Department �� Douglas . Wiersig, P.E. Director Approved by City Manager's Office -2-10014.(44 Fernando Costa Assistant City Manager W.S. MINERAL HOLDINGS, LLC a Texas limited liability company By: Centamtar Terras, LLC Its: Manager By: CTMGT, LLC By: OFFICIAL RECORD CITY SECRETARY a Texas limited liability com anjTT WORTH, TX Its: Manager (04 Name: Wkitrriaj ! 1 1� �,jQd Its: Sole Member and Manager 8 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 (Remainder of Page Intentionally Left Blank) 9 I III 1111111.411111 11 1\ u I 7..4"\av-4.\u ii.1 LOCATION MAP imm ..••••••••••••••••=0 SH 114 (i) 0 0 n! o w coo cni zc.) Luz 0 -J 1 I AV NDALE i-IASLET RD JOHN DAY PROJECT LOCATION INTErMODAL P >- 0 W od Q) 0 BLUE MOUND E DOE NO. 5076 CITY PROJECT NO. 01161 FM 156 co NOT TO SCALE NORTH SCALE: NTS SENDERA RANCH BLVD. SECTION III DATE: APRIL 2013 DEVELOPER: ONE SR, LP. 1221 N. IH-35E, SUITE 200 CARROLLTON, TEXAS 75006 PHONE: 469-892-7200 INJ11 ENGINEER: JII'LPELOTON LAND IGLU:110MS 5751 KSRUOITGEEiRtisDRIE KELLER, TX 76244 PHONE: 817-562-3350 ira 11-A,ALL-7 !4' 1 hm,./11 I i \ / c‘A, rO Sin. '41Piik. / • e 4, 0;,,, 411. 4,00.-4- z.,.. ..... ...._ i / sle '111P 9sATTOrt::: ' s•1<e'• ' / ' ---11141011111111111;fri:/411:71.4111" ill; / 1 41..: ( MUSIA)sid ;:wii.ve ... ....", ,. / e• .i..?: SIDEWALK 0 "c..',..7.7., r --- . - • 5041°PiOlk°/41 0.0101 e //,s°'ZItAA.1611 ova ot.04— plAt'•513 oEArtsit.i632 ovf. REMOVE CONCRETE EXISTING TRANSITION AND SIDEWALK CONSTRUCT ' CONCRETE CURB 4). 312, / otE•S LEGEND PROP 9" CONC. PAVEMENT PROP TEMP ASPHALT TRANSITION SIDEWALK REMOVAL >: 3; X 1: EXISTING SIDEWALK PROP 4' SIDEWALK PROP 8' SIDEWALK PROP. SIGN EXISTING SIDEWALK DIAMONDBACK LANE uJ m SENDERA RANCH BLVD. SECTION III GRAPHIC SCALE DATE: APRIL 2013 EXISTING SIDEWALK 4146e 6.04,10 W•14 flte PROP SIDEWALK a cc Z D 4 vt, EXHIBIT B - STREETS DEVELOPER: ONE SR, L.P. 1221 N. IH-35E, SUITE 200 CARROLLTON, TEXAS 75006 PHONE: 469-892-7200 ENGINEER: IJI PELOTON TorLAN', )01.UTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 4: 1 4' PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185, KELLER, TX 76244 (817) 562-3350 CFA ESTIMATE FOR: SENDERA RANCH BOULEVARD SECTION III 7/24/2013 EXHIBIT B- PAVING IMPROVEMENTS (ITEM # CITY BID # ECRIPTION 9" Concrete Pavement (41'B-B v. 7" Curbs Outside Lane & 6" 1 3213.0104 Curbs Inside Lime) 2 3212.0503 6" Asphalt Pavement 3 3211.0501 6" Lime Treatment 4 3211.04 Lime (30I1/SY) 5 0241.1000 Remove Existing Concrete Pavement 6 3216.0101 6" Cone Curb and Gutter 7 9999.9999 Temporary Asphalt Curb 8 0241.1300 Remove Conc Curb & Gutter 9 9999.9999 Remove Existing Barricade & Connect to Existing Pavement 10 3213.0302 5" Conc Sidewalk --For Park 11 3213.0301 4" Conc Sidewalk -Plan A 12 3213.0301 4" Conc Sidewalk -Plan B 13 241.01 Remove Existing 8' Concrete Sidewalk 14 3217.0403 18" SLD Pvmt Marking Paint (W) 15 3217.4305 Remove 18" Pvnrt Marking 16 3217.2001 Raised Marker TY W 17 3217.2104 REEL Raised Marker TY 11-C-R 18 3217.1002 Lane Legend Arrow 19 3217,1004 Lane Legend Only 20 3217,4307 Remove Raised Marker 21 9999.9999 Vertical Pannels VP (F)-1 22 3292,0400 Seeding, Hydromulch 23 3441.4002 Furnish/Install Alum Sign Ground Mount TxDOT Std. 24 3441.4004 Furnish/Install Alum Sign Ex. Pole Mount 25 9999.9999 Remove Existing Alum Sign and Pole Ground Mount 26 9999.9999 Remove Existing Alum Sign (Ground Mount Pole to Remain) 27 3471.0001 Traffic Control TOTAL PAVING IMPROVEMENTS UNIT 1 QTY UNIT PRICE TOTAL SY SY SY TON SY LF LF LF EA SF SF SF LF LF LF EA EA EA EA EA EA SY EA EA EA EA LS 3,672 $44.46 $163,257.12 970 $34.92 533,872.401 4,932 51.62 57,989.841 74 $163.85 $12,124.90 177 $5.86 $1,037.221 149 $25.43 $3,789.071 530 S10.90 55,777.001 288 $2,92 $840.961 3 $250.00 $750.00 3,040 $4.47 S13,588.801 5,044 $3.94 S 19,873.361 1,492 $4.56 $6,803.521 327 $5.85 $1,91295 50 $5.65 $282.50 130 $3.39 $440.70 1,019 $2.99 $3,046.81 254 $2.99 $759.461 1 $141.25 $141.251 1 5141.25 $141.25 1,002 $0.68 $681,36� 12 $84.75 $1,017.00 177 $3.20 $566.40 10 $536.75 $5,367.50 3 $169.50 $508.50 21 $169.50 $3,559.501 2 $56.50 SI13.001 1 $1,695.00. $1,695.001 $289,937.37 I, G:\JOB\CEN12003 1_Sendeta_Ranch_Blvd 3\Clv\CFA\20120528_CFA_QTO_Contractpricirga4e1 of 3 v fII EXIST 4-9'X5'MBC PUBLIC PARK .,:Y EXIST EXIST ri lr WINGWALLS TO BE 6-9`X5'MBC , PROP 1 I • REMOVED — WINGWALL i I 1 ' 4-9%51MBC 24" RCP ., , i s.,04‘1%,sqlk •• / mow'Al . I . .1 ./... , 0 , ..... ---- 6-9.X5'MBC i o—ek, setv . . -1 %/Gil .otk .i.---,„ ..... / `-',q, `. 0 9)..;.,.. 06, i7 4 PROP , Ev ARo '..f?',' / r -..... \ i k' ---- s‘,'.'3103 WINGWALL st.to0 sec31° oll.t`tp,loo op. , Im.' 04431-ri • 0.0.4 • `I, i / tz, • /_ • \ / , • , •...c-F, , - ,•;, e fe WSrAive Dolvz, • 10' CURB INLET / vircu'''‘to- i:-.' f•gi --. -•‘..?•''' !li ' 11t ‘ . ' IC'‘L iv,WAGX 01 :.-- prp.1411,60e3 9 0,0 N.02,A1 sel4t) *Pit° VAO'I\ iiO4%'36 ".1 LEGEND EXHIBIT B1 — STORM DRAIN NORTH mom SECTION III 1221 N. IH-35E, SUITE 200 CARROLLTON, TEXAS 75006 5751 KROOER DRIVE SUITE 185 PHONE: 469-892-7200 KELLER, TX 76244 1GRAPHIC SCALE DATE: APRIL 2013 PHONE: 817-562-3350 K-M1,^2 - MR,A —1v—rwourcimm JIMPTIN---jArg=i111111//f7/---.11-1/%Z.MINI11111 6-.,110,4--111 411 ..1 7/7-11/if PROP STORM DRAIN LINE I PROPINLET f : 1.7 >: PROP MANHOLE ..1 PROP HEADWALL 2-7-- EXIST STORM DRAIN LINE L.T DEVELOPER: ENGINEER: t PELOTON': 300‘ SENDERA RANCH BLVD. ONE SR, L.P. -or L. $;t At, PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185, KELLER, TX 76244 (817) 562-3350 CFA ESTIMATE FOR: SENDERA RANCH BOULEVARD SECTION 11I 7/24/2013 EXHIBIT B1- STORM DRAIN IMPROVEMENTS ITEM # CITY BID # 1 3341.1602 2 3341.1602 3 3341.0205 4 9999.9999 5 9999.9999 6 9999,9999 7 3349.5001 8 3137.0102 9 3137.0102 10 0241.0800 11 3305,0109 12 9999.9999 13 3123.0101 14 9999.9999 DESCRIPTION 6 - 9 x 5 MBC 4 - 9 x 5 MBC 24" RCP, Class 11I Remove Existing Flared Wingwall (FW-S) Install 30 Degree Flared Wingwall (FW-S) For MBC Install 60 Degree Flared Wingwall (FW-S) For MBC 10' Std Curb Inlet Install 18" Thick Rock Rip Rap Replace 18" thick Rock Rip Rap Remove 18" Thick Rock Rip Rap Trench Safety Pedestrian Handrail (Type PR2) Unclassified Excavation by Plan Export Excess Fill Material TOTAL STORM DRAIN IMPROVEMENTS UNIT QTY UNIT PRICE TOTAL LF 65 $2,013.00 $130,845.00 LF 91 $1,374.96 $125,121,36 LF 357 $67.54 $24,111.78 EA 2 $6,250.00 $12,500.00 EA 1 $26,151.00 $26,151.00 EA 1 S28,358.691 S28,358.69 EA 2 $3,333.50 $6,667.00 SY 11 $41.13 5452.43 SY 272 $28.21 $7,673.12 SF 2,349 $1.19 $2,795.31 LF 513 $1.10 $564.30 LF 112 $121.61 $13,620.32 CY 5,942 $5.14 $30,541.88 CY 5,416 $7.38 $39,970.08 $449,372.27 G:\JOB\CEN12003_1 Senders Ranch 8Ivd_3\Civ\CFA\20120528 CFA_QTo Contract pricir@ade 2 of 3 $2)• set.v%9 90"stICirkaz2, 4P1 N. c4`.610 44,6 set.10V47011014151 1041-",:;:boAstriArl 41LASTAWatjtvv8., —1 slO 01,100 EXHIBIT C - STREET LIGHTS „,,tarx ectm—i‘os0 sw„stia „s4 os ' C;Y, fulyl‘v4, cooNtck° ,„typE pASON`liA. BA6t5s% 0.sN4 1'4 LEGEND • PROP SINGLE STREET LIGHT HEAD 0 EXIST SINGLE STREET LIGHT (ON STREET POLE ) SENDERA RANCH BLVD. SECTION III DEVELOPER: ONE SR, L.P. 1221 N. IH-35E, SUITE 200 CARROLLTON, TEXAS 75006 PHONE: 469-892-7200 ENGINEER: III PELOTON lIfir LAND soLurtoms 5751 KROGER DRIVE t: SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 GRAPHIC SCALE DATE: APRIL 2013 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185, KELLER, TX 76244 (817) 562-3350 CFA ESTIMATE FOR: SENDERA RANCH BOULEVARD SECTION 111 5/28/2013 EXHIBIT C - STREET LIGHTING IMPROVEMENTS IITEM # CITY BID # DESCRIPTION Connection to an Existing Double Arm Street Light - Contractor to 1 9999.9999 Match Exisitng Light Fixture in Field (TOTAL STREET LIGHTING IMPROVEMENTS UNIT I QTY EA 4 UNIT PRICE $565.00 TOTAL $2,260.00 $2,280.00 G:\JOR\CEN12003_1_Sendera_Rench elvd_3\Civ\CFA\20120528SFA_QTO„Contract pricin$arie 3 of 3