HomeMy WebLinkAboutContract 39579COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary Q
COUNTY OF TARRANT § Contract No. 15�0
WHEREAS, the undersigned "Developer" desires to make certain improvements (refer to
the name of the project at the bottom of the page) an addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, ahome-rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter
called "City", to do certain work in connection with said improvements.
Developer Information:
Company Name: TARRANT COUNTY SENIOR LIVING CENTER, INC.
Authorized Signatory: Charles Brewer
Title: Director
Project Name: THE STAYTON AT MUSEUM WAY
Project Location: 2501 Museum Way
Additional Streets:
Plat Case No. FS-06-246
Plat Name: Greystone Addition; Lot 1 Blk 1
Mapsco: 76B Council District: 9 City Project No: 01429
To be completed by staff
Received by: ��,a l�g�
CFA: 2009-055
DOE: 6237
OFFICIAL RECORD �i
CITY SECRETARY
FI WORTH, TX
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:
General Requirements
A. The Policy for the Installation of Community Faces ("Policy") dated March
2001, approved by the City Council of the City of Fort Worth and
subsequently amended from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement ("CFA") 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 infrastructure. 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. iThe following checked exhibits are made a part hereof: Water (Ah.,_Sewer
(A4) Paving (B) ' Storm Drain B-1) XX Street Lights & Signs
(C)
E. The Developer -shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy and the
Stayton at Museum Place CFA Nov 23, 2009 2
contracts for the construction of the public infrastructure shall be administered
in conformance with paragraph 8, Section II, of the Policy.
F. For all infrastructure 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 infrastructure, and a maintenance bond
in the name of the City for one hundred percent (100%) of the contract price
of the infrastructure 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
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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,
Stayton at Museum Place CFA Nov 23, 2009 4
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 suchh injuries, death or
dafnages 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 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 and shall cause to be executed and delivered to the City an
indemnity agreement from such contractors on a form to be promulgated by
the City.
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
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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. The City's obligation to participate (exclusive of front foot charges) in the
cost of the community facilities shall terminate if the facilities are not
completed within two (2) years; provided, however, if construction of the
community facilities has started within the two year period, the developer
may request that the CFA be extended for one year. If the community
facilities 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 community
facilities if at the end of two (2) years from the date of this Agreement the
community facilities 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 community facilities 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
Stayton at Museum Place CFA Nov 23, 2009 6
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.
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Cost Summary Sheet
Project Name: THE STAYTON AT MUSEUM WAY
CFA No.: 2009-055
DOE No.: 6237
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 Developer's Cost
A. Water and Sewer Construction
a. Water and Sewer Construction
2. Sewer
a. Water and Sewer Construction $
B. TPW Construction
1. Street
2. Storm Drain
TPW Construction Cost Sub -Total
Total Construction Cost (excluding the fees):
Construction Fees:
C. Water Inspection Fee (2%)
D. Water Material Testing Fee (2%)
Sub -Total for Water Construction Fees
E. TPW Inspection Fee (4%)
F. TPW Material Testing (2%)
G. Street Light Installation / Inspection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
Financial Guarantee Onfions_ choose one
$' 279131.00
$ 27,131,00
$ 27,131.00
$ 1,085.24
$ 1,627.86
$ 1,627.86
Choice
Amount (ck onel
27,131.00
Com
letion A reement = 100% /Holds Plat
$
27,131.00
Cash
Escrow Water/Sanitary Sewer= 125%
$
Cash
Escrow Paving/Storm Drain r= 125%
$
33,913.75
X
Letter
of Credit = 125% w/2 r expiration period
$
33,913,75
Stayton at Museum Place CFA Nov 23, 2009 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 said Developer has executed this
instrument in quadruplicate, at Fort Worth, Texas this � day of
2009_
CITY OF FORT WORTH -Recommended by:
Water Department
Fran Crumb, P.E.
Director
Approved as to Form &
Amy J. R
Assistant
ATTEST:
City Secretary
ATTEST
Attorney
�/�i�nature/���� �
(Print) I�amB: �/
Transportation &Public Works Department
�liam A Verkest, P.E✓
Director
Approved by City Manager's Office
�C.1�.�.
Fernando Costa
Assistant City Manager
�� il���� �e�d�l�Jli���
�_�.��- _.—_F_—
Tarrant County Senior Living Center, Inc.
Signature
Print Name: Charles Brewer
Title :Director
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
0
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)
Stayton at Museum Place CFA Nov 23, 2009 10
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GRAPHIC SCALE
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EXHIBIT B-1
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UNIT I: DRAINAGE IMPROVEMENTS BASE BI
D)
Ill)
(Furnish and install, including all appurtenant work, complete in place, the following items)
ITEM APPROX. ITEM DESCRIPTION UNIT :PRICE
NO. (QUANTITY � AIYIOUNT BID
[-1 l I LF 21" Class III RCP Complete in Place, ---^ -
I Per Linear Foot; Per Item GP440 I
Dollars $_L;� � � "'—" $ � -'(9S
and Cents
Class IV RCP Complete in Place, j
Per Linear Foot; Per Item GP440
Dollars $ $
and-----�J _ Cents
790
1-34 21 LF-33'x3' RC13 Complete in Place,
Per Linear Foot; Per Item GP441
_ Al Dollars
and NO Cents
I-4 3 EA Connect to Ex. Storm Drain, Per Ela
and /�I Cents t `to �� � $ � �� 7? �
1-5 I EA 36' :Y36" TxDOT Type H Inlet with 18"
Concrete Apron, per Detail, Per Each
t i�r-9i<3c :t S;x 1{ueltr1t�J ,
�v Dollars $- $�(}
and Ho Cents /
1-6 2 EA Water Line Adjustments, Per Detail;
Per Each !�
FOW- ' Ovlxd � Y� r rr�f �r '14., I Dollars $5' v
and — IYG Cents
1-7 47 LF 'french Safety, Per Linear Foot; Per
Item GP-525
I— °r' Je Dollars
and Cents q 7
I
I-8 I LS SWPPP Implementation &
Maintenance,
Per Lump Sum; Per Item SP-68
Dollars $ .7�_ $' 1J OG 01�
and (C} Cents
UNIT I — DRAINAGE IMPROVEMENTS TOTAL $ 2 7 13%
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