The URL can be used to link to this page

Home My WebLink AboutContract 48820� �,_ ,r-•. _ , � �;4 ; RECEIVED CITY BECRETAR� �� NTt�4CT N0. v�-r �� oFG,;,..-��o�1F`� Developer and Project Information Cover Sheet: C!T'r `-'- ,_ Developer Company Name: Victory at Heritage, LLC Address, State, Zip Code: 8001 LBJ Freeway , Ste 400, Dallas, TX 75251 Phone & Email: 972-707-9555, lcris�vg-re.com 'r N'�{ Authorized Signatoiy, Title: F� Ramji , CEO Project Naine and Brief Heritage Trace Parkway Median Cut Description: Project Locatioii: Northwest Corner of Heritage Trace P�rkw�y Plat Case Number: FP-16-058 Plat Name: Victory at Heritage Mapsco: Council District: 7 City Project Number: CFA Number: 2016-063 DOE Number: None To be completed U�• s7aff.• � C� , ^ ,� J Receiveci by: � �� i-' S D�te: (� City of Fort Wortli, Texas Standard Con�munity Facilities Agreement CFA Off'icial Release Date: 10.07.2015 Page 1 of 11 100353 J �PFICIAI� RECORp { �.ITY SEG�TARY ;�� '. WORTH, T� f STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary . COLTNTY OF TARRANT § Contract No. �� "`" WHEREAS, Victory at Herita�e, LLC, ("Developer"), desires to make cei`tain specific improvements as described below and on the exhibits attached hereto ("Iinprovements") related to a project generally desci-ibed as Heritage Trace Parlcway Median Cut ("Project") within the City or the extraterritorial jurisdiction of Fort Woi`th, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improveinents or Project; and WHEREAS, any future City pai�ticipation in this CFA is subject to the availability of City funds and approval by the Foi� Worth City Council and shall be memorialized as an ainendinent to tl�is Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in coiulection with the collective Improveinents for 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 Coininunity Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incoiporated into this Agreen�ent as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the perfot-�nance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in comlection with the work perfot7ned by said contractors. B. Developer shall provide financial security in confoi7nance 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 fl1e City has officially accepted the Improvements. Developer further aclaiowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth, TeYas Standard Community Facilities Agreement CFA Ofiicial Release Date: 10.07.201 _5 Page 2 of 11 to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, � the contractor will provide in writing that the contractor has been paid in full by Developer 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 constructiou shall be completed in a good and workmanlike inanner 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 describe the Ilnprovements and are incorporated herein: Water (A) ❑, Sewer (A-1) ❑; Paving (B) ❑x , Stoi-�n Drain (B-1) 0, Street Lights & Signs (C) ❑. E. The Developer shall award all contracts for the constiuction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in confonnance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s) pays the then-current City-established wage rates. F. For all Improvemeuts 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 depai-tmeut having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured, licensed and bonded to do worlc in public ways and/or prequalified to perfoi7n water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the naines of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the naine of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) yeais from the date of final acceptance insuring the inaintenance and repair of the constructed infrastructure during the term of the City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 3 of 11 maintenance bond. All bonds to be furnished before worlc is commenced and to meet the requirelnents of Chapter 2253, Texas Govei-�iment Code. iii. To require the contractor(s) it hires to perfoi7n the construction work conteinplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract docunzents for developer-awarded infiastructure construction contracts. The City shall be nained as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurauce (ACORD or other state- approved fonn) supplied by the contractor's insurance provider and bound in the construction contract boolc. iv. To require its contractor to give 48 hours advance notice of intent to comrnence consh-uction to the City's Const�uction Services Division so that City inspection persoimel 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 inaterials being used as inay 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-Consh-uction 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, if any, until said sewer and water maiils and seivice lines have been completed to the satisfaction of the Water Depai-tinent. G. Developer shall provide at its expense, unless otherwise agreed to by City, 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 developinent or to construct the Iinprovements required herein. City of Fort Worth, Texas Standard Comn7unity Facilities Agreement CFA Official Release Date: 10.07.2015 Page 4 of 11 L City shall ilot be responsible for payment of any costs that may be incuned by Developer in the relocation of any utilities that are or may be in conflict with any of the comrnunity facilities to be installed hereunder. J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminar,y plans, specifications and cost estimates supplied by the Developer for this Agreement. K. Developer a�•ees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the constiuction 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 indemnif,y, 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 oi• 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, its contractors, subcontractors, officers, agents or employees, or in consequence of an,y failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees, wlzetlze�� oi� noi suclz inian'ies, deatlz or daf�ta�es a�•e caused, in �vhole or itz part, bv tlze alle�e�l ne�li�e�tce of tlze City of Fof•t Wot•th, its officers, se�•vaizts, or eviplovees. 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, ivltetlie�• oi� �zot suclt i�zjui•ies, �Ieatli or dama�es a�•e caused, i�z fvliole or i�t part, by tlte alle�ed ne�li�ertce of the Citv of Fort Wo��tlt, its offrcet•s, se�•va�zts, o►• ernplovees. Further, Developer will require its contractors to indemnify, and hold harmless the City for an,y losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and Ciry of Fort Worth, Texas Standard Commui7ity Facilities Agreement CFA Ofticial Release Date: 10.07.2015 Page 5 of 11 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 coinpletion of all work associated with the construction of the Iinproveinents, Developer will assign to the City a non-exclusive right to enforce the conh•acts entered into by the Developer with its contractor along with an assigmnent of all wai-�anties given by the contractor, whether express or iinplied. Further, Developer agrees that all contracts with any contractor shall iuclude provisions grauting 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 consh-uction cost as stated in the construction contract. ii. Developer shall pay in cash paving and stonn drain inspection fees equal to four percent (4%) and inaterial 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 sh•eetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight constiuction 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 coinplete 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. iii. The City may utilize the Developer's financial guarantee submitted for this Agreeinent to cause the completion of the constructiou of the Iinprovements if at City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.0'7.2015 Page 6 of 11 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 Coinpletioil Agreeinent. 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/ot• constructiou, the conh-actors and/or suppliers inay put a lien upon the property which is the subject of the Completion Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth, TeYas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 7 of 11 Cost Summary Sheet Project Name: Heritage,Trace Parkway Median Cut CFA No.: 2016-063 IS��[:�► .�, - 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 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 4. Signals TPW Construction Cost Tofal Total Construction Cost (excluding the fees): Construction Fees: C. Water/Sewer Inspection Fee (2%) D. Water/Sewer Material Testing Fee (2%) Sub-Toial for Water Construction Fees E. TPW Inspection Fee (4%) F. TPW Material Testing (2%) G. Street Light inspsection Cost H. Signals Inspection Cost H. Street Signs Instailation Cost Sub-Total for TPW Consfruction Fees Total Construction Fees: Financial Guaranfee Bond = 100% reement = 100% / Holds Plat Nater/SanitarY Sewer= 125% �avina/Storm Drain = 125% e City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 8 of 11 Developer's Cost $ 93,445.00 $ - $ $ - $ 93,445.00 $ 93,445.00 $ - $ 3,737.80 $ 1,868.90 $ - $ - $ $ 5,606.70 $ 5,606.70 116,806.25 116.806.25 Choice ACCORDINGLY, the City of Fort Worth and Developer have each caused this insriument to be executed in quadruplicate in each entity's respective naine by its duly authorized signatories effective as of the date executed by the City s City Manager or his/her designee. CITY OF FORT WORTH �' Jesus J. Chapa Assistant City Manager Date: d �� Reconime��ded by: DEVELOPER Victory at Heritage , Name: T Title: Au i� i r Repre�e tative Date: /o�G ��CQ ATTEST: (Only if required by Developer) ' �- endy Chi-Babulal, EMBA, P.E. Development Engineering Manager Signature Water Department Name: (.�J, � Dougla . Wiersig, P.E. Director Transportation & Public Works Department Approvecl as to Fornt & Legalit��: Richard A. McCracicen 3�7 �ti—� Assistant City Attorney M&C No. N I � Date: �� 24S ! �� City of Fort Worth, Texas Standard Comnnmity Facilities Agreement CFA Ofticial Release Date: 10.07.2015 Page 9 of 11 ��FFICIAL RECORD � ;. � cl�nr s�c��ra�r f ' FT. HlORTH, TX � - --.��-�—_ � _ �- Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included � 0 ❑ ❑ ❑ ❑ � Attaclunent Attachinent 1- Changes to Standard Community Facilities Ab eement Location Map Exhibit A: Water Improvments Water Cost Estimate Exhibit A-1: Sewer Improvetnents Sewer Cost Estimate Exhibit B: Paviug Improvements Paving Cost Estimate Elcliibit B-1: Storm Drain Improvements Storm Drain Cost Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth, TeYas Standard Commui�ity Facilities Agreement CFA Official Release Date: 10.07.2015 Page 10 of 11 ATTACHMENT "1" Changes to Standard Agreement Community Facilities Agreement City Project No. 100353 None City of Fort Worth, Teras Standard Coimnunity Facilities Agreemeilt CFA Official Release Date: 10.07.2015 Page 11 of 11 � NORTH NOT TO SCALE HERITAGE TRACE PARKWAY MEDIAN CUT OWNER / DEVELOPER: CENTURION AMERICAN 1800 VA�LEY VIEW LANE, SUITE 300 FARMERS BRANCH, TX 75234 PH: ( 469) 892-7200 ��:� PE LOTO N I�'I' LAXD lOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 0 NORrH 60' �RAPHIC SCALE HERITAGE TRACE PARKWAY MEDIAN CUT OWNER / DEVELOPER: CENTURION AMERICAN 1800 VAL�EY VIEW LANE, SUITE 300 FARMERS BRANCH, TX 75234 PH: ( 469) 892-7200 �� PELOTON I�'I) IAND SO�UTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43_SpecBook Proposal Form DAP - BID PROPOSAL Page t of 1 Bidder's Application Project Item Information Bidder s Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid V1lue UNIT I: PAVING IMPROVEMENTS 0170.0102 Work Order Mobilization 01 70 00 EA 1 $8,500.00 $8,500.00 _ �. � . _. .., _.... _ _ ... _ ._._ .. ._ _._� 0241.1300 Remove Conc Curb and Gutter 02 41 15 LF � 350 $8.00 $2,800.00 3123.0101 Unclassified Excavation 31 23 16 CY 220 $43.00 $9,460.00 _... _ � ..... ._. . . ..� . . .. .. . . _ _ .... __. ,. 3211.0211 6" Flexible Base, Type�B, GR-1 32 11 23 SY 400 $33.75 $13,500.00 . _ __ . _ _._ _ ._ . __ _ . 3213.0103 8" Conc Pvmt 32 13 13 SY 400 $126.25 $50,500.00 � . _ _ _.__ _ _- _ . __ _ 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 380 $5.50 $2,090.00 _._ _ _ __. . . _. _� .. M_ _ _ w_ .. . __... _ �_ ., �. . 3217A203 8" SLD Pvmt Marking Tape (V� 32 17 23 LF 100 � $10.50 $1,050.00 _ _ . — _ . _ _. 3217.2102 REF� Raised Marker TY I-C 32 17 23 EA 6 $18.00 $108.00 _. 3292.0400 Seeding, Hydromulch 32 92 13 LS 1 $2 635 00 $2 635 00 _. . _ . . �._ � _... t._ _.. � .�_ �_. � 3441.4006 Install Alum Sign Ground Mount 34 41 30 EA 2 $521.00 $1,042.00 3471.0001 Traffic Control 34 71 13 MO 1 $1,760.00 $1,760.00 TOTAL UNIT I: PAVING IMPROVEMENTS $93,445.00 Contractor agrees to complete NORI{ for RINAL ACC�PTANCE within CONTRr1CT commences to run as provided in the General Conditions. �ND OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April2, 2014 60 calend�r days after the date when the Master QTO HTP Median Cul.xls