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HomeMy WebLinkAboutContract 46722 Developer and Project Information Cover Sheet: Developer Company Name: Golden Triangle Addition,Lots 1&2-Block A Address, State,Zip Code: 21726 Hardy Oak Boulevard San Antonia,Texas 78258 Phone, E-Mail:210-479-2500,jsmithers@smithersconstruction.com Authorized Signatory/Title: Jeffrey D. Smithers,Manager Project Name and Brief Description: Golden Triangle Addition Project Location: South Side Golden Triangle Boulevard-+/-500 feet west of Beach Street Plat Case No.:FS-14-222 Plat Name: Golden Triangle Addition Mapsco: Council District: 7 City Project No: 02562 CFA: 2015-038 DOE: 7466 TO be completed by Seu �}L'Y� 45 Received bye Date: 6 ( J � t1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX i COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary/ COUNTY OF TARRANT § Contract No. WHEREAS, the undersigned Developer ("Developer") desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Golden Triangle Addition ("Project") within the City 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 Improvements and 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. m B. Developer shall provide financial security in conformance with paragraph 6, M Section 11, of the Policy and recognizes that there shall be no reduction in the M collateral until the Project has been completed and the City has officially Zaccepted the Improvements. Developer acknowledges aid �, acceptance process requires the Developer's contractor( JOEMIMIRECORD2 Y SECRETARY FT. WORTH, TX affidavit of bills paid signed by its contractor and consent of surety signed by its surety to ensure the contractor has paid any sub-contractors and suppliers in full. Additionally, the contractor must also provide in writing that the contractor has been paid in full by Developer for all the services provided under their 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. B: The following checked exhibits are made a part hereof: Water.(ALX Sewer (A-11 JX ,Paving(B)X. Storm Drain.(B-I) 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 prequalified, insured, licensed and bonded to do work in public streets and/or 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 valid 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. 3 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 Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give at least 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 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, 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 contemplated 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. 4 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 iniuries, 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 5 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 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. 6 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 (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) 7 Cost Summary Sheet Project Name: Golden Triangle Addition,Lots 1&2-Block A CFA No.:2015-038 DOE No.: 7466 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. 1. Water Construction $20,21" 2.Sewer Construction Water and Sewer Construction Total $ 71,040.00 B. TPW Construction 1.Street 5 11,992:50 2.Storm Drain 40,440,00 3.Street Lights Installed by Developer TPW Construction Cost Total $ 52,432.50 Total Construction Cost(excluding the fees): $ 123,472.50 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 1,420.80 D. Water/Sewer Material Testing Fee(2%) $ 1,420.80 Sub-Total for Water Construction Fees $ 2,841.60 E. TPW Inspection Fee(4%) $ 2,097.30 F. TPW Material Testing(2%) $ 1,048.65 G. Street Light Inspsection Cost H. Street Signs Installation Cost(Total of 7@$245 each) Sub-Total for TPW Construction Fees $ 3,145.95 Total Construction Fees: $ 5,987.55 Choice Financial Guarantee Options,choose one Amount ck one Bond=100% $ 123,472.50 ✓` Completion Agreement=100%/Holds Plat $ 123,472.50 Cash Escrow Water/Sanitary Sewer=125% $ 88,800.00 Cash Escrow Paving/Storm Drain=125% $ 65,540.63 Letter of Credit=125%w12yr expiration period $ 154,340.63 8 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 saW Developer has exe9A.9d this instrument in quadruplicate, at Fort Worth, Texas this _day of , 20__t__� CITY OF FORT WORTH-Recommended by: Water Department Transportation& Public Works Department c! Wendy Chi-B bulal, EMBA, P.E. Douglas . Wiersig, P.E. Development Engineering Manager Director Approved as to Form &Legality: Approved by City Manager's Office '64� Douglas W. Black Fernando Costa Assistant City Attorney Assistant City Manager M&C No. /v Date: ATTEST: /� FOR Q000000 00 � o o° moo® Wary 1. Kaser U City Secreta o� off* 0 �00,0�80� ATTEST: DEVELOPER: Clearlake Healthcare Realty, LLC 11LA Signature�� (Print)Name: Print Name:Jeffrey D.Smithers Title: Manager o ,' CASSIS DRZYMALLA -?;'P/�7 _ NOiCI�v pUb�iC srate of Texos OFFICIAL RECORD PA,Comp+^Ssion Expires Morcn 28, 2018 CITY SECRETARY FT.WORTH,TX 9 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 13-1: Storm Drain Improvements ® Storm Drain Estimate ❑ Exhibit C: Street Lights and Signs Improvements ❑ Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) 10 � W le > [If -J O C� GOLDEN TRIANGLE BOULEVARD W o > o 0:� Q OW p w O cn Q c af U b > Q Q W m TE RAY WHIT- Rt-;Ai-:, MAPSCO 22-N VICINITY MAP NOT TO SCALE 0 50 900 700 300 GRAPHIC SCALE IN FEET SCALE: 1" = 100' GOLDEN TRIANGLE BOULEVARD '`Z-SS- - - 0 CONCRETE PAVEMENT -- - L.. CONC.WALK w m O w _ I _-- IPROPOSED 12" PUBLIC I II I WATER LINE I I I I I II I I N I I I II I I I ! I I II I i I I 1 I II I I I V) UI --__---------_--_—rte r -------.. --..... ------- � ' Z I I I 4 I I I I I I I I I 8 I I I I a I I N N I w I xa 1 w a r — ---J < -- ( ® L.1- - ----J o o f 1 1 r �.� m 8' N r------o r--1 r-- --- WOOD -------, FENCE 0 1 I 41 I I11 1 1 I11 v POGUE ENGINEERING W EXHIBIT A ^ 1512 BRAY CENTRAL DRIVE. SUITE ,DO Lj ' McKINNEY, TEXAS 75069 w < WATER IMPROVEMENTS I \� t J I cz,4) 544-8880 PHONE V) ENGINEERING & DEVELOPMENT COMPANY. INC. (214) 544-8882 FAX GOLDEN TRIANGLE ADDITION g.com www.PogueEngineerin BLOCK A, LOTS 1 & 2 DRAWN BY CHECKED BY SCALE DATE JOB NUMBER CITY OF FORT �WORTH�, TEX�AS WG AWS 1"=100' 5-04-2015 1592-14-062 m DWG NO. 1592-14-062-WATER.DWG 0 50 100 200 300 GRAPHIC SCALE IN FEET SCALE: 1' 100' x GOLDEN TRIANGLE BOULEVARD ' CONCRETE PAVEMENT, _ - ------------------- __ � CONC. WALK — f-- k Z m 0Lu e I ok 0I I I I II I I Ln I II I I l w I I I PROPOSED 8' PUBLIC I II a i i I SANITARY SEWER 1 1 o cn l I I II I I I I II I I I f e -- -- -- -- -- -- -- —a— sI —=------------------------ � I Z —�� �— --r----- - —_—__-------�\ I I I w i i I I I I c — -s I ► �— i I II i I W I I6 J I I I I I ► I I I I a m I wa I I , I I 1 1 0 � z ix m clio I — in r------o r--1 r-- --- --1 r-- 1 WOOD -------- hk I I�� I I11 1 I III I FENCE O I I I E41 I Ii1 ' ' I'I ' I I 6 Vi �5 POGUE ENGINEERING W 1512 BRAY CENTRAL DRIVE, SUITE 100 W EXHIBIT A-1 ?�1 a McKINNEY, TEXAS 75069 < SEWER IMPROVEMENTS I `� " ' (214) 544-8880 PHONE ENGINEERING k DEVELOPMENT COMPANY, INC. (214) 544-8882 FAX GOLDEN TRIANGLE ADDITION www.PogueEngineering.com BLOCK A, LOTS 1 & 2 DRAWN BY CHECKED BY SCALE DATE JOB NUMBER CITY OF FORT WORTH, TEXAS WG AWS 1"=100' 05-04-2015 1592-14-062)cm DWG NO: 1592-14-062—SEWER.DWG SEWER ESTIMATE Sewer Improvements Estimated Costs Bidlist Item Specification Unit of Bid No. Inscription Section No. Measure Quantity Unit Price Bid Value 1 8'SDR 26 PVC Sewer 33 31 20 LF 319 $35.00 $11,165.00 2 6"SDR 26 PVC Sewer 33 31 20 LF 59 $30.00 $1,770.00 3 20"Dia.Steel Encasement Pipe_ 33 05 22 IF__ _ 68 ___ $350.00 _ $23,800.00 _ 4 8"Ductile Iron Sewer Pipe 3311 10 LF 104 $35.00 $3,640.00 5 4'Dia.Manhole 333910 EA_ _ 2 $3,000.00 $6,000.00 6 Manhole Vacuum Test _ _ 330130 EA 2 $1,000.00 $2,000.00 7 Wastewater Access Chamber 33 39 40 EA 2 $1,200.00 $2,400.00 -- --.-- _ _ Total(Sewer) $50,775.00 ------- _ — Myth S1a dU1 -- - - ow --- - 0 50 100 200 300 GRAPHIC SCALE IN FEET SCALE: 1" = 100' x — GOLDEN TRIANGLE BOULEVARD "1z—SS— — -- — -- X 0 CONCRETE PAVEMENT -- — Lf C. WALK I I / PROPOSED PUBLIC CONCRETE PAVING I II I I (DRIVE APPROACH) I II I I / I I II II � I f I I II lal W I I I II I � I I I � I II II I I I II ISI i I E i I II Ill 1 II V) I I -- -- -- --- I— 5 I - -------------------------- i- \ I � W I I I i 8 I I i N I I I �__ I I I I Li {i< I I I Icx � --- W= p V) I I ,J ! I I I J 1 , I �� -- -- '� $ I W a I --- re I I J I I � I I rte= — Lr.-- ----J O m I �� �`----- -. -- -- --- -� ----- ----- o � N — i_n r------o � r--, r-- --- --1 r-- 1 ' WOOD \ 1 1 �o � I III I I IjI I FENCE I cz cz 1 11 �sl I I I I I I 6 POGUE ENGINEERING w W EXHIBIT B ^ _ 1512 BRAY CENTRAL DRIVE, SUITE 100 z I UI �14) 5 4 TEXAS HONE w < PAVING IMPROVEMENTS 214) 544-8880 PHONE ENGINEERING k DEVELOPMENT COMPANY, INC. 214) 544-8882 FAX GOLDEN TRIANGLE ADDITION www.PogueEngineering.com BLOCK A, LOTS 1 & 2 DRAWN BY CHECKED BYJ SCALE DATE JOB NUMBER a CITY OF FORT WORTH, TEXAS WG AWS 1"= 5-04-2015 1592-14-062 m DWG NO. 1592-14-062-PAMNG.DWG PAVING ESTIMATE Paving Improvements Estimated Costs Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 1 Remove&Dispose of Existing Conc.Sidewalk 0241 13 SF 585 $2.00 _ $1,170.00 2 Remove&Dispose of Existing Conc.Curb&Gutter 0241 15 LF 10 $10.00 $1,030.00 3 9'Concrete Pavement _ 321313 SY 99 $47.00 $4,653.00 4 Lime Treated Subgrade 32 11 29 TON 1.9 _$400.00 _ $760.00 5 Concrete Sidewalk 32 13 20 SF 251 $4.50 _ $1,129.50 6 Traffic Control 34 71 13 MO 0.5 $6,500.00 $3,250.00 -- �— - — —� Total(Paving) $11,992.50 D so 100 200 300 GRAPHIC SCALE IN FEET SCALE: 1" = 100' r #0 — — — — — , , — GOLDEN TRIANGLE BOULEVARD '`Z—ss— — — - CONCRETE PAVEMENT � —---------------- - -. CONC. WALK } _ f�- I I I Ii W 0 z W m PROPOSED 36" RCP I (PUBLIC) STORM WITH I II I C? HEADWALL I II / I I I II II m I � I I II III W I I I II I � I I I I II ISI i I I I I II ISI I II III v/i I ------------------_ 77 ————————————— a I I I I I I I I o N I I N N c I W a I I •----------- I I I I CK I I I L I ICL - C3, I ► , ® ---L m \�..— -- ----- ------------- � , �.— -------------.--.—_—� y 8 N — u\i r------c r--'1 r-- --- ---I r-- 1 —w(50-D --------I N6 L—� I I11 I 1 III I FENCE POGUE ENGINEERING w 1512 BRAY CENTRAL DRIVE, SUITE 100 = EXHIBIT B-1 �'�� � I ! (214)McKINNEY,544 TEXAS 75069 HONE z < STORM DRAIN IMPROVEMENTS cz14) 544-8880 PHONE < ENGINEERING k DEVELOPMENT COMPANY, INC. (214) 544-8882 FAX GOLDEN TRIANGLE ADDITION WWW.PogueEngineering.com CK BLOCK A, LOTS 1 & 2 DRAWN BY CHECKED BY SCALE DATE JOB NUMBER CITY OF FORT WORTH, TEXASWG AWS 1"=100' 05-04-2015 1592-14-062 m DWG NO. 1592-14-062—STORM.DWG STORM DRAIN ESTIMATE Storm Drain Improvements Estimated Costs Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 1 36"Class IV RCP 33 Al 10 LF 300 $110.00 $33,000.00 2_ Concrete Headwall for 36"RCP _ _ 334940 EA 1 $4,500.00 $4,500.00 3 Remove&Dispose of Existing Conc.Rip-Rap 0241 15 SY__ 44 $15.00 _ $660.00 4 6"Concrete Rip-Rap i 31 37 00 SY 57 $40.00 $2,280.00 - — -- -- --- -- - --- — Total(Storm) $40,440.00