HomeMy WebLinkAboutContract 43363 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
City Secretary
Contract No.
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project"), an
addition to the City of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this "Agreement" in
connection with the Improvements.
Developer Information:
Developer Company Name: FW Mason Heights, L.P.
Address, State, Zip Code: 300 Burnett St., Ste. 150 Fort Worth, TX 76102
Phone, E-Mail:
Authorized Signatory/Title: Happy Baggett, Manager
Project Name: Mason Heights Paving, Storm Drain & Street Lights
Project Location: Masonic Home & School Add'n between Mitchell Blvd. & Wichita St.
Plat Case No.: FS-012-004 Plat Name: The Shoppes at Renaissance Square Add'n
Mapsco: 78 S, T, X
CFA: 2012-019 DOE: 6849
To be completetr f
Received by:
06-29-12 A09 : 5 9 IN
Council District: 7
1
City Project No: 01862
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
atA
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 Facilities ("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. 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) X .
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
contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
Combined CFA final Sept 12, 2008 2
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 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
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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 tniuraes. death or damages are
caused. in whole or in part, by the alleged negligence of the City of
Combined CFA final Sept 12, 2008 4
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 iniurres, death or damages are caused, in
whole or in part. by the alleged negligence of the Citv 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
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.
5
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 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.
Combined CFA final Sept 12, 2008 6
Cost Summary Sheet
Project Name: Mason Heights Paving, Storm Drain & Street Lights
CFA No.: 2012-019
DOE No.: 6849
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
3. Storm Drain
4. Street Lights Installed by Developer
TPW Construction Cost Sub -Total
Total Construction Cost (excluding the fees):
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%)
F. TPW Material Testing (2%)
G. Street Light Inspsection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
Financial Guarantee Options, choose one
Bond = 100%
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain = 125%
Letter of Credit = 125% w/2yr expiration period
Developer's Cost
634,048.50
218,541.00
193,021.00
1,045,610.50
1,045,610.50
34,103.58
17, 051.79
7,720.84
58,876.21
58,876.21
Choice
Amount (ck one)
1,045,610.50
1,045,610.50 X
1,307, 013.13
1,307,013.13
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 in trument in quadruplicate, at Fort Worth, Texas this (.1 day
of . 20 \t .
CITY OF FORT WORTH - Recommended by:
Water Department
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
ou a W. Black
Assistant City Attorney
M&C No. / % .
Date:
ATT
OvfarST J. Kayser
City Secretary
ATTEST:
Signature
(Print) Name:
Transportation & Public Works Department
Douglas/yV. Wiersig, P.E.
Director
Approved by City Manager's Office
5—sines•4
Fernando Costa
Assistant City Manager
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DEVELOPER:
FW Mason Heights, L.P.
By its General Partner
FW Mason Heights Genpar, LLC
Print Name:
Signature
Happy Baggett
Title: General Manager
FnncIRECORD
ITY SEC s'ETA
Combined CFA final Sept 12, 2008
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
II
H
AL
III
(Remainder of Page Intentionally Left Blank)
9
COMMUNITY FACILITIES AGREEMENT
for
MASON HEIGHTS PAVING & DRAINAGE
LOTS 1-4 BLOCK 1 & LOTS 1-4 BLOCK 2
June 1, 2012
Exhibit "B" - Paving
Description
1 6' Sidewalk including
2 4' Sidewalk including
3 8" Conc. Pavement
4 18" Saw cut existing pavement
5 HC Ramp
6 6" Lime stabilized Subgrade
7 Roadway Striping / Button
8 4" PVC Sleeve
9 Traffic Control
10 Subgrade Lime for Stabilization
11 Permanent Traffic Warning sign
Exhibit "B-1" - Drainage
Description
1 39" RCP
2 36" RCP
3 33" RCP
4
5
6
7
8
9
10
30" RCP
24" RCP
21" RCP
10' Curb Inlet
4'x4' Stm. Manhole
5'x5' Stm Manhole
36" Stm. Type "B" Headwall
Engineers
Unit Public Qty.
LF
LF
SY
LF
EA
SY
LS
LF
LS
Ton
EA
Unit
LF
LF
LF
LF
LF
LF
EA
EA
EA
EA
485
5855
12790
186
16
14290
1
1600
1
160.8
4
Unit Cost I Total Public Cost
$15.00
$12.00
$32.00
$10.00
$950.00
$4.75
$12,500.00
$15.00
$2, 500.00
$120.00
$1,000.00
Quantity. Unit Cost
50 $85.00
236 $75.00
161 $70.00
148 $60.00
1764 $45.00
378 $42.00
14 $2,000.00
9 $2,000.00
3 $3,000.00
1 $1,200 00
$7,275.00
$70,260 00
$409,280 00
$1,860.00
$15,200 00
$67,877.50
$12,500.00
$24,000.00
$2,500.00
$19,296 00
$4,000.00
$634,048.50
Total Cost
$4,250 00
$17,700.00
$11,270 00
$8,880.00
$79,380.00
$15,876.00
$28,000.00
$18,000.00
$9,000.00
$1,200 00
11 39" Stm. Type "B" Headwall
12 Rock Rip -rap
13 Seeding / Matting at Detention Ponds
14 Trench Safety
15 Inlet Protection
16 Construction Entrance
17 Silt Fence
Exhibit "C" - Street Lighting
Description
1 Street Light - Single Arm (Pole& One Luminaire heads)
2 Street Light - Double Arm (Pole& Two Luminaire heads)
3 Ground pull box w/concrete apron
4 2"PVC Sch.80 w/pull wire
5 Bore under Mitchell Blvd.
6 2/2/2/4 Aluminum Quadruplex
7 Lighting Contactor
TOTALS
Exhibit "B" -- Paving
Exhibit "B-1" -- Drainage
Exhibit "C" — Street Lighting
I2% Testing Fee
14% Inspection Fee
EA
SF
S.Y.
LF
EA
EA
LF
200
6090
2737
14
1
3942
1 $2,000.00
$8.00
$1.50
$1.00
$150.00
$1,500.00
$1.50
$2,000.00
$1,600.00
$9,135.00
$2,737.00
$2,100.00
$1, 500.00
$5,913.00
$218,541.00
Engineers
Unit Public Qty. Unit Cost Total Public Cost
EA
EA
EA
LF
LS
LF
EA
25 $4,000.00
2 $4,500.00
19 $350.00
4174 $11.50
1 $5,000.00
4174 $5.00
1 $3,500.00
Sub -Total
Total
$100,000.00
$9,000.00
$6,650.00
$48,001.00
$5,000.00
$20,870.00
$3,500.00
$193,021.00
$634,048.50
$218,541.00
$193,021.00
$1,045,610.50
$20,912.21 1
$41,824.42
$1,108,347.13
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LOCATION MAP
N.T.S.
MAPSCO NO. 78/X
COUNCIL DISTRICT 8
J. JUSTICE SURVEY A - 859
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
FORT WORTH MASON HEIGHTS, LP.
10000 N. CENTRAL EXPWY. / SUITE 1500
DALLAS TEXAS 75231
VICINITY MAP
tL4SON HEIGHTS PAVING & DRAINAGE
LOTS 1 4, BLOCK 1& LOTS 1 4 BLOCK 2
FORT WORTH, TARRANT COUNTY, TEXAS
SHEET
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scale : 1'= 400' Date : 5-16-2012
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Drawn : W.A.I.
Dwg. File : 26055 CFA 20120313.dwg
Project No. : 26055.00
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CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
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10000 N. CENTRAL EXPWY. / SUITE 1500
DALLAS, TEXAS 75231
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200'
SCALE: 1'1= 400'
PAVING EXHIBIT
EXHIBIT 'B"
'dASON HEIGHTS PAVING & DRAINAGE
LOTS 1-4, BLOCK 1& LOTS 1 4 BLOCK 2
FORT WORTH, TARRANT COUNTY, TEXAS
■
400'
SHEET
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CONSULTING CIVIL ENGINEERS ■ SURVEYORS
(972) 490-7090 FAX (972) 490-7099
Scale : 1 "= 400' Date : 5-16-2012
Design : W.A.I
Drawn : W.A.I.
Dwg. File : 26055 CFA 20120313.dwg
Project No. : 26055.00
J. JUSTICE SURVEY A - 859
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
FORT WORTH MASON HEIGHTS, LP.
10000 N. CENTRAL EXPWY. / SUITE 1500
DALLAS. TEXAS 75231
sc.7. -
53,
0'
200' 400'
SCALE: f= 400'
DRAINAGE EXHIBIT
EXHIBIT 'B-1 "
MASON HEIGHTS PAVING & DRAINAGE
LOTS 1-4 BLOCK 1& LOTS 1 4 BLOCK 2
SHEET
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FORT WORTH, TARRANT COUNTY, TEXAS 4
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Scale : 1'. 400' Date . 5-16-2012
Design : W.A.I
Drawn : W.A.I.
Dwg. File : 26055 CFA 20120313.dwq
Proiect No. : 26055.00
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J. JUSTICE SURVEY A — 859
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
FORT WORTH MASON HEIGHTS, LP.
10000 N. CENTRAL EXPWY. / SUITE 1500
DALLAS, TEXAS 75231
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STREET LIGHTING EXHIBIT
EXHIBIT 'B-3"
&SON HEIGHTS PAVING & DRAINAGE
LOTS 1-4, BLOCK 1 & LOTS 1-4 BLOCK 2
FORT WORTH, TARRANT COUNTY, TEXAS
SHEET
4
OF
4