Loading...
HomeMy WebLinkAboutContract 37476COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No._� WHEREAS, IPCF Limited PartnershiV, hereinafter called "Developer", desires to make certain improvements to REMINGTON POINT PHASE V PEDESTRIAN CROSSING REPAIRS, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant, Denton and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. 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: I. 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, is hereby incorporated into this Community Facilities 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. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. Project Name —Remington Point Ph 4 park crossing 1 CFA Number — 2008060; DOE 5893 F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. 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. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). J. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). K. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to Project Name — Remington Point Ph 4 park crossing 2 Date — July 18, 2008 CFA Number — 2008060; DOE 5893 construct current and future improvements provided for in this agreement. M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water (A)None; Sewer (A4) None; Paving (B)Attached Storm Drain (134) None; Street Lights and Signs (C) None.. N. 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. II. Street and Storm Drain Facilities A. The Developers) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of "current improvements" and shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 38,438.204 Project Name —Remington Point Ph 4 park crossing 3 CFA Number — 2008060; DOE 5893 Date —July 18, 2008 Project Name Remington Point Phase 4 Park Crossing Repairs CFA 2008-060 DOE 5893 Item Developer Cost City Cost Total Cost A. Construction 1. Streets $ 36,262.45 $ 36,262.45 2. Storm Drainage 3. Street Lights 4. Street Name Signs B. Engineering Design C. Construction Engineering and Management by DOE 4% $ 11450v5O $ 11450050 D. Materials Testing by DOE 2% $ 725.25 $ 725.25 TOTALS $ 38,438020 $ 38,438.20 $ 36,262.45 125% $ 46,503.06 Project Name —Remington Point Ph 4 park crossing t} CFA Number — 2008060; DOE 5893 Date —July 18, 2008 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. Project Name —Remington Point Ph 4 park crossing 5 Date —July 18, 2008 CFA Number — 2008060; DOE 5893 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the executed this instrument in triplicate, at Fort Worth, 120089 Approval Recommended: ATTEST: Marty Hendri City Secretary ATTEST: Corporate Secretary Project Name —Remington Point Ph 4 park crossing CFA Number — 2008060; DOE 5893 City affixed, and said Developer has Texas this the�tay of A �4 IJ Transportation and Public Works City of Fort W/orth/ Fernando Costa Assistant City Manager Nfl MSC f��:��Ji'1t�D IPCF Limited Partnership, a Texas limited partnership BY: Z P3, C, its General Partner Brian Rohr, Development Manager OFFiCIAs RECORD I ICIlECRETARY fFORTH, TX - ,2008 VICINITY MAP N.T.S. FINAL PLAT OF LOTS 1 -26, BLOCK 26; LOTS 1-22, BLOCK LOTS 1-57,58X AND 59X BLOCK 28; LOTS 1 -25, LOTS 1-34, BLOCK 30 OF 44.595 ACRES SITUATED IN THE ALEXANDER F. ALBRIGHT SURVEY, ABSTRACT NO. 1849 CITY OF FORTWORTH, TARRANT COUNTY, TEXAS 16 4 LOTS 3 H OA LOTS TURNER COLLIE & BRADEN INC. 1200 SUMMIT AVENUE SUITE 600 FORTWORTH, TEXAS76102 (817) 698-6700 FAX (817) 698-6701 PREPARED FOR OWNER: IPCF LIMITED PARTNERSHIP 72D SOUTH KIMBALL SOUTHLAKE, TEXAS76092 (817) 424-1392 PLAT PREPARED: DUNE 29, 2005 T.C. & B. JOB N0. 52802185 SURVCON JOB N0. 670717.0227 CASE NO. FP-004-151 27; BLOCK 5 BLOCKS 29; SURVCON, INC. 1200 SUMMIT AVENUE SUITE 600 FORTWORTH, TEXAS76102 (817) 698-6770 FAX (817) 698-6771 _ 1 J � O 1 O I i N V) (n C7 Z7 O W m J m D I wx;;o ( f)i � m o I 0 i O C' U) 'o �c � I 0 I Wm zpD O rn --1 ;u O O ZZO CZ m0 D z <7 I o mm rn I G7 ''o Om rn 00 Gam- �;o �rn mm Jzm� m �o M cn� m =M O im D z� z� i cn rn> m MM 00 O (n ' 1 D �% 7 CP (n Z r ;u N J�m �m00 -. CmV) D� I c��„—mi= �� I s u.... i DmZ7V1DO o � xmrn z FAO OK: z 0-IC=>D q v - a7560 ;0 (nrn rOo ��00 m D°) o NNz-lm0 `�0 I m0 o CD 0 0x;o DZ v - Im-I rC7 0z o 0��: 4 ;u ;1DDco m20 m rn r m - r*m o �T��G-):O Dm Or�TI o� DO DW-v TAM I m 0 / z Z 0 0 0 r m M D Drn X mmDDm r> I N M D O O ZCC) z l z O o 1 C Z X �j _ z -j M u) cj o --i =DZO I o C/) N N mv�i� -zi O Z c C:D D I �Cf) Cf)= Crn m � � Z m m I ForceCon Services 5601 Feed Mill Drive - Suite 360 Keller, Texas 76248 (817) 741-8120 Fax (817) 741-8126 PROPOSAL To: Zena Land Development Attn: Brian Rohr 817424-1392 x111 817421-6910 Fax 06/25/08 Revised 7-31-08 We propose to furnish all labor, materials, and equipment necessary to construct, as an independent contractor, the following described work: LOCATION: Remington Point, Phase 5, Fort Worth, Texas DESCRIPTION Excavate, Concrete Rip -rap, and Seed 1 A - Embankment Downstream APPROX. 62.7 CY @ $286.00 $17,932.20 2 B - Embankment Upstream APPROX. 8 CY @ $286.00 $2,288500 3 C - Structure Downstream APPROX. 6.7 CY @ $286.00 $11916.20 4 D - Structure Upstream APPROX. 6.7 SY @ $286.00 $1,916,20 5 Import Fill APPROX. 8 Loads @ $250,00 $2,000.00 6 Remove & Haul off APPROX. 1 LS @ $450.00 $450.00 7 Grout APPROX. 1 LS @ $11770.00 $1,770,00 8 Seeding APPROX. 1 LS @ $11220.00 $1,220.00 9 TV Storm Sewer (Prior to construction) APPROX. 1 LS @ $500.00 $500600 10 TV Storm Sewer (After completion) APPROX. 1 LS @ $500.00 $500.00 11 18" Rock Rip Rap Down Stream APPROX. 15.5 LS @ $172.75 $2,677.63 12 18" Rock Rip Rap Up Stream APPROX. 17.9 LS @ $172.75 $3,092623 13 Payment, Performance and Maintenance Bond APPROX. 1 LS @ $940000 $940,00 Total Paving: $37,202.45 Pricing is subject to change after 30 days. EXCLUDES: Engineering &Inspections Fees INCLUDES: Payments shall be made on measured quantities of work completed. Work completed will be billed on the 25th of each month with payment due by the 10th of the following month. Partial payments shall be made monthly for 90% of the work completed during the preceding month. Final payment shall be made in cash upon completion or partial completion, with interest at maximum allowed by law charged thirty days thereafter. Stoppage of work for the convenience of the customer shall be considered as partial completion and full payment shall be due for all work done. ACCEPTED: BY: Clayton Harp ForceCon Services (972) 979-8505 DATE: August 8, 2008 IPCF Limited Partnership 218 W. Wall Street Grapevine, TX 76051 Attn: Michelle Weber, EVP Phone: 817/4244392, ext 102 Re: Our Letter of Credit Number LC 892 issued in favor of City of Fort Worth at the request of and for the account of IPCF Limited Partnership; $46,503.06 Dear Sir or Madam: As requested, we forward the original of the above -mentioned Letter of Credit LC 892 along with an extra copy for your records. We understand that you will deliver the original letter of credit along with other documents to the City of Fort Worth. Should you require any additional information, please do not hesitate to call to the attention of the undersigned. Very truly yours, Cathy Beyno�i Vice President Texas Capital Bank N.A. Letter of Credit Unit 2100 McKinney Ave., Suite 1225 Dallas, Texas 75201 Phone: 214/932-6831 Fax: 214/932-6750 e-mail: catliy.be� nojiigtexascapitalbank.com cc: IPCF Limited Partnership/Michelle Weber, Executive Vice President Texas Capital Bank, N.A.,/Steve Eberhardt, Relationship Manager Encl. 2100 McKtrrrrsY Avg., Sutra 900, DALLAS, TX 75201, 214.93z.6600, F,�x 214.932.G604 DATE: LETTER OF CREDIT NO. BENEFICIARY: APPLICANT: August 8, 200$ City of Fort Warth 1000 Throckmorton Fort Worth, Texas 76102 IPCF Limited Partnership 218 W. Wall Street Grapevine, TX 76051 FACE AMOUNT: US$46,503.06 (FORTY SIX THOUSAND FIVE HUNDRED THREE AND 06/100THS U.S. DOLLARS) EXPIRATION DATE: July 3I, 2009 PLACE OF EXPIRY: Texas Capital Bank, N.A. Letter of Credit Unit 2100 McKinney Avenue. Suite 1225 Dallas, Texas 75201 Phone: 214/932-6762 or 214/932-6831 LADIES AND GENTLEMEN: PROJECT: REMINGTON POINT PRASE V PARK CROSSING STRUCTURE REPAIRS WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. LC 892 WHICH IS AVAILABLE WITH TEXAS CAPITAL BANK, N.A. BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND AMENDMENT(S), IF ANY AND YOUR DRAFT(S) AT SIGHT DRAWN ON TEXAS CAPITAL BANK, N.A, ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW: A SIGNED STATEMENT FROM THE BENEFICIARY STATING THAT: "IPCF LIMITED PARTNERSHIP HAS FAILED TO COMPLETE CONSTRUCTION OF THE WORK ON LOT S8X OF BLOCK 28 AS DESCRIBED IN THE COMMUNITY FACILITIES AGREEMENT FOR REMINGTON POINT PHASE V PARK CROSSING STRUCTURE REPAIRS OR TO MAKE PAYMENT FOR ITS SHARE OF THE DEVELOPMENT COSTS DETAILED IN SUCH COMMUNITY FACILITIES AGREEMENT." IT IS A CONDITION OF THIS STANDBY LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE ADDITIONAL 12 MONTH PERIOD FROM THE PRESENT EXPIRATION DATE, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO THE CURRENT EXPIRY DATE WE SEND NOTICE IN WRITING TO YOU VIA HAND DELIVERY OR OVERNIGHT COURIER AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO Letter of Credit No. LC 892: Pa e 1 of 2 August $, 2008 g 2100 MCKINNEY AVE., SUITE 900, DALLAS, TX 75201, 214.932.6600, FAX 21C932.6604 AUTOMATICALLY EXTEND THIS LETTER OF CREDIT FOR ANY ADDITIONAL PERIOD. HOWEVER, IN NO EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND THE FINAL EXPIRY DATE OF JULY 31, 2010. UPON SUCH NOTICE TO YOU, YOU MAY DRAW ON US AT SIGHT FOR AN AMOUNT NOT TO EXCEED THE BALANCE REMAINING IN THIS LETTER OF CREDIT WITHIN THE THEN APPLICABLE EXPIRY DATE, BY PRESENTATION OF YOUR DRAFT AND DATED STATEMENT PURPORTEDLY SIGNED BY ONE OF YOUR OFFICIALS READING EXACTLY AS FOLLOWS: "THE AMOUNT OF THIS DRAWING US$ (INSERT AMOUNT) UNDER TEXAS CAPITAL BANK, N.A. LETTER OF CREDIT NUMBER LC 892 REPRESENTS FUNDS DUE US AS WE HAVE RECEIVED NOTICE FROM TEXAS CAPITAL BANK, N.A. OF THEIR DECISION NOT TO AUTOMATICALLY EXTEND LETTER OF CREDIT NUMBER LC 892 AND THE UNDERLYING OBLIGATION REMAINS OUTSTANDING." WE HEREBY AGREE WITH YOU THAT THE DRAFTS) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AT TEXAS CAPITAL BANK, N.A. AT THE ADDRESS INDICATED AT THE TOP OF PAGE ONE (1) UNDER PLACE OF EXPIRY OR BY FACSIMILE TO TEXAS CAPITAL BANK, N.A., FAX NUMBER 214/9324750 CONFIRMED BY A PHONE CALL TO 214/932-6831 OR 214/932-6762. WHEN PRESENTATION IS MADE BY FACSIMILE, THE ORIGINAL LETTER OF CREDIT AND AMENDMENT(S), IF ANY, ARE NOT REQUIRED. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, ICC PUBLICATION N0.590. Texas Capital Bank, N.A. Authorized S gnature Title: _ Letter of Credit No. LC 892: Page 2 of 2; August 8, 2008