HomeMy WebLinkAboutContract 43201 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
City Secretary
Contract No.
CITY SECRETARY • ,-
CONTRACT NO.
� � -
WHEREAS, the undersigned "Developer" desires to make certain improvements (refer
to the naive of the project at the bottom of the page) an addition to the City of Fort Worth,
Texas; and
(6(
WHEREAS, the said Developer has requested the City of Fort Worth, a home -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:
Developer Company Name: Riverbend Investment, Ltd.
Authorized Signatory: Kenneth Newell
Title: President
Project Name: Lakes of River Trails Phase XII
Project Location: Approximately 1500' West of Salado & Trinity Blvd.
Additional Streets: N/A
Plat Case No.: FP-011-034 Plat Name: Lakes of River Trails Addition
Mapsco: 66C
To be completed
Received b}c
CFA:
2011-048
Council District: 4 City Project No: 01761
DOE: 6694
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
05 -1 1 -1 2 A 1 0: 22 IN
1
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) X ,
Sewer (A-1) X , 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
3
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 zniuries. 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 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
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. Lakes of River Trails Phase XII
CFA No.: 2011-048 DOE No.: 6694
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
1. Water Construction $ 166,222.00
2. Sewer Construction $ 122,465.70
Water and Sewer Construction Total $ 288,687.70
B. TPW Construction
1. Street $ 365,394.10
2. Storm Drain $ 143,146.70
3. Street Lights - Installed by Developer $ 37,409.00
TPW Construction Cost Sub -Total $ 545,949.80
Total Construction Cost (excluding the fees): $ 834,637.50
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $ 5,773.75
D. Water/Sewer Material Testing Fee (2%) $ 5,773.75
Sub -Total for Water Construction Fees $ 11,547.51
E. TPW Inspection Fee (4%) $ 20,341.63
F. TPW Material Testing (2%) $ 10,170.82
G. Street Light Inspsection Cost $ 1,496.36
H. Street Signs Installation Cost $ 1,960.00
Sub -Total for TPW Construction Fees $ 33,968.81
Total Construction Fees: $ 45,516.32
Choice
Financial Guarantee Options, choose one Amount (ck one)
'Bond = 100% $ 834,637.50
'Completion Agreement = 100% / Holds Plat $ 834,637.50
'Cash Escrow Water/Sanitary Sewer= 125% $ 360,859.63
'Cash Escrow Paving/Storm Drain r= 125% $ 682,437.25
'Letter of Credit = 125% w/2yr expiration period $ 1,0431296.88
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 1I
�I day
_
of . 20 12-.
r
CITY OF FORT WORTH - Recommended by:
Water Department
Wendy Chi-B..ulal, EM IA, P.E.
Development ngineering Manager
Approved as to Form & Legality:
Do g ,`T:lack
Assistant City Attorney
M&C No. v/-
Date:
ATTEST:
Mary J. Ke
City Secretar
ATTEST
9/1/11 ct,
Signature
(Print) Name: r 1p41,, CA (5
Combined CFA final Sept 12, 2008
Transportation & Public Works Department
Doug
Actin
J% tesThv
W. Wiersig, P.E.
irector
Approved by City Manager's Office
>dereg4tta-4Cts.
Fernando Costa
Assistant City Manager
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Riverbend Investment, Ltd.
By its general partner
RBE Investment, Corp.
Print Name: Kenneth Newell
Title: President
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
•
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AL
Location Map
Exhibit A: Water Improvements
Water Estimate
Exhibit A-1: Sewer Improvements
Sewer Estimate
Exhibit B: Paving Improvements
Paving Estimate
Exhibit B-1: Stout' Drain Improvements
Storm Drain Estimate
Exhibit C. Street Lights and Signs Improvements
Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
9
LAKES OF RIVER TRAILS, PHASE 12
L OCA TION MAP
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FH 8'" WATE4LINE
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LAKES pHASE
RAIL
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SCALE: 1"=200'
LEGEND
PROPOSED WATER LINE
-?':1`-': - EXISTING WATER LINE
t PROPOSED FIRE HYDRANT
EXISTING FIRE HYDRANT
EXHIBIT 'A'
ON -SITE
WATER DISTRIBUTION SYSTEM
LAKES OF RIVER TRAILS
PHASE 12
ovo
pill NAS�r 5
5I
SAKE $0A
MAIL
S
SCALE: 1 "=200'
LEGEND
PROPOSED 8" SEWER LINE
EXISTING SEWER LINE
• PROPOSED MANHOLE
EXISTING MANHOLE
EXHIBIT 'A - 1 '
SEWER DISTRIBUTION SYSTEM
FOR
LAKES OF RIVER TRAILS
PHASE 12
IIIIIIIII
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SCALE: 1 "=300'
LEGEND
JPROPOSED 6" CONCRETE PAVEMENT
EXHIBIT '8'
PAVING
FOR
LAKES OF RIVER TRAILS
PHASE 12
lj
L_
1
LEGEND
EXISTING STORM DRAIN
PROPOSED STORM DRAIN
PROPOSED STORM INLET
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SCALE: 1=200'
EXHIBIT 'B-1'
STORM DRAIN
FOR
LAKES OF RIVER TRAILS
PHASE 12
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LEGEND
x PROPOSED STREET LIGHT
EXHIBIT 'C'
STREET LIGHTS
FOR
LAKES oFRIVER TRAILS
Item
1.
2
3.
4.
5.
6.
7.
8.
Storm
Item
1.
2.
3.
4.
5.
6.
7.
8
9
10.
Lakes of River Trails - Phase 12
Paving Facilities
Item City Bid #
1. BID 00452
2. BID 00498
3. BID 00496
4. BID 00843
5. BID 00530
6. BID 01227
7.
8 BID 00505
9. BID 00451
Water Facilities
Item City Bid #
1. BID 00618
2. BID 00749
3 BID 00268
4. BID 00546
5. BID 00568
6. BID 00762
7 BID 00372
8. BID 00351
9. BID 00501
10. BID 00222
Description
7" 3500 PSI Concrete Paving
6" Lime Stabilized subgrade
Lime (33#/sy)
7" Integral Curb
Developer Sidewalks
HC Ramps
Remove Dead End Barricades
Install Dead End Barricades
Asphalt Paving
Description
8" Waterline
8" Gate Valves
6" Gate Valves
FH and Assembly
CIRT Fittings
1" Water Sevices
Trench Safety
Test
Traffic Control
Adjust Water Valve Boxes
Sanitary Sewer Facilities
City Bid # Description
BID 00350 8" SDR 26 PVC
BID 00207
BID 00358
BID 00201
BID 00217
BID 00372
BID 00849
BID 00196
4' DIA SSMH
4" SDR 26 service w/ CO
TV and Test Mains
Manhole Vacuum Testing
Trench Safety
Adjust Manholes to Paving
Concrete Collar
Water Facilities
City Bid # Description
BID 00111 10' Curb Inlet
BID 00087
BID 00085
BID 00082
BID 00081
BID 00372
BID 00118
BID 00077
BID 00372
48" Class III RCP
36" Class III RCP
24" Class III RCP
21" Class III RCP
Trench Safety
6' Square MH
4' Square MH
48" Sloped End Headwall
Trench Safety
Street Light Facilities
Item City Bid #
1. BID 00967
2. BID 00975
3. BID 01310
4. BID 01263
5. BID 00379
Description
Light standard foundations
Light Standards
Light Heads
2" Schedule 40 PVC
#10 Copper Wire
Street Signs
Item City Bid # Description
1. BID 00506 Street Signs
Quantity
10441
11107
184.93
5996
0
12
4
4
0
Quantity
3385
12
3
3
2
83
3385
1
0
12
Quantity
2451
8
83
2451
8
2451
8
8
Quantity
12
423
191
621
62
1297
1
1
1
1297
Quantity
11
11
11
1160
3480
Quantity
8
Unit
SY $
SY $
TON $
LF $
SF $
EA $
EA $
EA $
SY $
Total
Unit
LF $
EA $
EA $
EA $
TON $
EA $
LF $
LS $
LS $
EA $
Total
Unit
LF
EA
EA
LF
EA
LF
EA
EA
Unit
EA
LF
LF
LF
LF
LF
EA
EA
EA
LF
Unit
EA
EA
EA
LF
LF
$
Total
Total
Total
Cost/Unit
27.30 $
1.85 $
145.00 $
2.00 $
4.00 $
1,025.00 $
1,000.00 $
950.00 $
61.58 $
Cost/Unit
18.50 $
1,100.00 $
660.00 $
2,475.00 $
5,940.00 $
565.00 $
0.20 $
1,000.00 $
1,500.00 $
150.00 $
Cost/Unit
24.50
2,600.00
425.00
1.00
100.00
0.20
300.00
150.00
Cost/Unit
2,550.00 $
120.60 $
85.00 $
40.80 $
37.60 $
0.50 $
9,250.00 $
2,750.00 $
1,800.00 $
0.30 $
Cost/Unit
250.00
1,300.00
300.00
1.25
0.40
Unit Cost/Unit
EA $ 245.00 $
Total
Grand Total
Total
285,039.30
20,547.95
26,814.85
11,992.00
12,300.00
4,000.00
3,800.00
364,494.10
Total
62,622 50
13,200.00
1,980.00
7,425.00
11,880.00
46,895.00
677.00
1,000.00
1,800.00
147,479.50
Total
60,049.50
20,800.00
35,275.00
2,451.00
800.00
490.20
2,400.00
1,200.00
123,465.70
Total
30,600.00
51,013.80
16,235.00
25,336.80
2,331.20
648.50
9,250.00
2,750.00
1,800.00
389.10
140,354.40
Total
2,750.00
14,300.00
3,300.00
1,450.00
1,392.00
23,192.00
Total
1,960.00
1,960.00
$ 800,945,70