HomeMy WebLinkAboutContract 48622 CITY SECRETARY
CONTRACT N®.
Developer and Project Information Cover Sheet:
Developer Company Name: FW Waterside Land,LLC
Address, State, Zip Code: 1701 River Run ,Fort Worth, TX, 76107
Phone &Email: 817-810-5321, cherman@trademarkproperty.com
Authorized Signatory,Title: Chris Herman, Vice President Construction
Project Name and Brief Waterside Phase 2
Description:
Project Location: 3300 Bryant Irvin Rd. Fort Worth TX 76109
Plat Case Number: FP-15-129 Plat Name: Water
Mapsco: 88C,88D Council District: 3 City Project Number: 100343
CFA Number: 2016-110 DOE Number: None
To be completed by staff.-
Receivedby. �I I`'y� Date:
OFFICIAL RECORD
City of Fort Worth, Texas CITY SECRETARY
FT WORTH T�
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.20154,.__
Page 1 of 11
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, FW Waterside Land, LLC , ("Developer"), desires to make certain specific
improvements as described below and on the exhibits attached hereto ("Improvements") related
to a project generally described as Waterside Phase 2 ("Project") within the City or the
extraterritorial jurisdiction of Fort Worth, Texas ("City"); and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project; and
WHEREAS, any future City participation in this CFA is subject to the availability of
City funds and approval by the Fort Worth City Council and shall be memorialized as an
amendment to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the collective Improvements 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 Community Facilities ("Policy") dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby
incorporated into this 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
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 Improvements. Developer
further acknowledges that said acceptance process requires the Developer's contractor(s)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
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 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 describe the Improvements and are incorporated herein:
Water (A) ❑, Sewer (A-1) ❑, Paving (B) ®, Storm Drain (B-1) ❑, Street Lights &
Signs (C) ❑.
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section H, paragraph 7 of the Policy and the contracts shall be
administered in conformance 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 Improvements 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 prequalified, insured, licensed
and bonded to do work in public ways and/or prequalified to perform
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 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 from the date of final acceptance insuring the
maintenance 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 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 Certificate of Insurance (ACORD or other state-
approved form) supplied by the contractor's insurance provider and bound in the
construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection
personnel 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 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 in order 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, if any, until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Department.
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
development or to construct the Improvements required herein.
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 4 of 11
I. City shall not be responsible for payment of 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,
its 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, its contractors, sub-contractors,
officers, agents or employees, whether or not such injuries, death or damajzes are
caused, in whole or in part, by the allejzed 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 alleized neiliizence 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
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official 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 completion of all work associated with the construction of the 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.
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. Developer shall complete 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
Agreement to cause the completion of the construction of the Improvements if at
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
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 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 7 of 11
Cost Summary Sheet
Project Name: Waterside Phase 2'
CFA No.: 2016-110 CP No.: 100343
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 Developers Cost
A. Water and Sewer Construction
1. Water Construction $
2.Sewer Construction $ -
Water and Sewer Construction Total $ -
B. TPW Construction
1.Street $ 939,322.00
2.Storm Drain $ -
3.Street Lights Installed by Developer $
4. Signals $ -
7PW Construction Cost Total $ 939,322.00
Total Construction Cost(excluding the fees): $ 939,322.00
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%) $ 37,572.88
F. TPW Material Testing(2%) $ 18,786.44
G. Street Light Inspsection Cost $ -
H. Signals Inspection Cost $
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 56,359.32
Total Construction Fees: $ 56,359.32
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 939 322.00
Completion Agreement=100%/Holds Plat $ 939,322.00
Cash Escrow Water/Sanitary Sewer=125% $ -
Cash Escrow Paving/Storm Drain=125% $ 1,174,152.50
Letter of Credit=125%w/2yr expiration period 1 $ 1,174,152.50
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 8 of 11
ACCORDINGLY, the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name 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 DEVELOPER
FW Waterside Land LLC
�1
Jesus J. Chapa
Assistant City Manager Name: Chris Herman
Title: Vice President Constructioin
Date: A � � VV
Date:
Recommended by:
ATTEST: (Only if required by Developer)
/A-
Wenify Chi-Babulal, EMBA, P.E.
Development Engineering Manager Signature
Water Department Name:
Douglas )#. Wiersig,P.E.
Director
Transportation &Public Works Department
Approved as to Form &Legality: ATTEST:
Richard A. McCracken Z11 In kalry Je �o ....... . T�
Assistant City Attorney City SeMy
ary ; G
M&C No. 014 U:
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Date: " ,J �- �_ —
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City of Fort Worth,Texas OFFICIAL RECORD
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015 CITY SECRETARY
Page 9 of 11 FT,WORTH,TX
CONTINGENT ASSIGNEE
WP West Acquisitions,L.L.C.
-�Q L-�—�fl�
Name: Ry Miller
Title: Vice President
Date:
VIIJ/7
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 9A of 11
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
WA- r Mo c4m "ou-,)el
Date: 1 -1 '1
Julie Westerm n
Development Manager
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Attachment 1 - Changes to Standard Community Facilities Agreement
® Location Map
Exhibit A: Water Improvments
❑ Water Cost Estimate
Exhibit A-1: Sewer Improvements
Sewer Cost Estimate
® Exhibit B: Paving Improvements
® Paving Cost Estimate
El Exhibit 13-1: Storm Drain Improvements
El Storm Drain Cost Estimate
El Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas
Standard Community 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. 100343
Contingent Assignment. Upon a Default by Developer, which Developer fails to timely cure,
WP West Acquisitions, LLC (referred to herein as"WP") shall have the option to assume the
rights, duties and responsibilities of Developer contained in this Agreement. Upon a Default by
Developer, the City of Fort Worth shall provide to WP a copy of the written notice of default
issued by the City to Developer. Notice of default shall be personally delivered or mailed by
prepaid certified or registered mail to WP at the address set forth below:
WP West Acquisitions, L.L.C.
Attn: Ryan Miller
5440 Harvest Hill Rd, Ste 206
Dallas, TX 75230
Upon City providing written notice of Developer' s failure to cure, WP shall have seven(7)days
after said notice to provide written notice to the City and Developer that WP is assuming the
rights, duties and responsibilities of Developer contained in this Agreement. If WP elects to
exercise the contingent assignment, WP shall supply the City with a performance plan and
sufficient financial guarantee to complete the CFA Obligations. WP's election to exercise the
contingent assignment of this Agreement must be accepted in writing by the City Manager or
Assistant City Manager in the form of an amendment to this Agreement. Upon the acceptance by
the City of the contingent assignment of this agreement, WP shall step into the Developer's shoes
with respect to this Agreement and WP shall thereafter be the "Developer" of this Agreement and
shall assume the rights, duties and responsibilities of Developer contained in this
Agreement. The City in no way waives its rights to ultimately enforce or perform under this
Agreement by virtue of this Contingent Assignment.
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.20 15
Page 11 of 11
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00 42 43
DAP-BID PROPOSAL
Page 1 of2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid
No. p Section No. Measure Quantity Unit Price Bid Value
UNIT I:BRIDGE IMPROVEMENTS
1 9999.0000 Cement Stabilized Backfill 00 00 00 CY 150 $140.00 $21,000.00
29999.0000 36"Drilled Shafts 00 00 00 LF 600 $200.00 $120,000.00
3 9999.0000 Class C Concrete Abutment 00 00 00 CY 76.2 $950.00 $72,390.00
4 9999.0000 Class C Concrete Bent 00 00 00 CY 76.1 $950.00 $72,295.00
S 9999.0000 Class S Reinforced Concrete Slab 00 00 00 SF 9660 $20.00 $193,200.00
6 3213.0303 6"Conc Sidewalk 32 1320 SF 5247 $10.00 $52,470.00
7 9999.0000 Class S Approach Slab 00 00 00 CY 99 $560.00 $55,440.00
8 9999.0000 Prestressed Concrete Girder TX48 00 00 00 LF 1251 $152.00 $190,152.00
9 3137.0104 Medium Stone Ri ra ,dry 31 37 00 CY 750 $115.00 $86,250.00
10 9999.0000 Rail TY C402 00 00 00 LF 464 $150.00 $69,600.00
11 9999.0000 Armor Joint 00 00 00 LF 87 $75.00 $6,525.00
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TOTAL UNIT III:DRAINAGE IMPROVEMENTS $939,322.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Forth Version September 1,2015 Bridge Bid Tab.z1ss
00 42 43
DAP-BID PROPOSAL
Page 2 0f2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidders Proposal
BidlistItem Specification Unit of Bid
No Description Section No. Measure Quantity Unit Price Bid Value
Bid Summary
UNIT I:BRIDGE IMPROVEMENTS $939,322.00
Total Construction Bid $939,322.00
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 473 calendar days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 Bridge Bid Tab.slsc
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