HomeMy WebLinkAboutContract 49336 CITY SECRETARY
CONTRACT NO. L
Developer and Project Information Cover Sheet:
Developer Company Name: UV Towne Crossing, L.P.
Address, State, Zip Code: 16000 Dallas Parkway, Suite 300,Dallas,TX 75208
Phone& Email: 972-739-8400, greg.frantz@weberandcompany.com
Authorized Signatory,Title: John P. Weber, President
Project Name: Weber Presidio Tract UV
Brief Description: Water, Sewer, Paving, Street Lights
Project Location: Northwest Corner of Ridge Parkway and Presidio Vista Parkway
Plat Case Number: FS-16-197 Plat Name: The Presidio
Mapsco: 35ABF Council District: 2
CFA Number: 2017-086 City Project Number:
To be completed b aff
Received by: rnk4A Date: 7���
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CITY SECRETARY
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City of Fort Worth,Texas OFFICIAL RECORD
Standard Community Facilities Agreement-Weber Presidio Tract UV CITY SECRETARY
CFA Official Release Date: 02.20.2017
Page 1 of 11
FT.WORTH,TQC
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, UV Towne Crossing, L.P., ("Developer"), desires to make certain specific
improvements as described below and on the exhibits attached hereto ("Improvements") related
to a project generally described as Weber Presidio Tract UV ("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-Weber Presidio Tract UV
CFA Official Release Date:02.20.2017
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) El, Street Lights &
Signs (C) M.
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II, paragraph 7 of the Policy and the contracts shall be
administered in conformance with paragraph 8, Section 11, 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-Weber Presidio Tract UV
CFA Official Release Date: 02.20.2017
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-Weber Presidio Tract UV
CFA Official Release Date: 02.20.2017
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 damages 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
City of Fort Worth,Texas
Standard Community Facilities Agreement-Weber Presidio Tract UV
CFA Official Release Date: 02.20.2017
Page 5of11
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-Weber Presidio Tract UV
CFA Official Release Date: 02.20.2017
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-Weber Presidio Tract UV
CFA Official Release Date: 02.20.2017
Page 7 of 11
Cost Summary Sheet
Project Name: Weber Presidio Tract UV
CFA No.: 2017-086 City Project No.:
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 $ 155,197.00
2.Sewer Construction $ 49,998.00
Water and Sewer Construction Total $ 205,195.00
B. TPW Construction
1. Street $ 16,758.50
2.Storm Drain $ -
3.Street Lights Installed by Developer $ 2,240.00
4. Signals $ -
TPW Construction Cost Total $ 18,998.50
Total Construction Cost(excluding the fees): $ 224,193.50
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 4,103.90
D. Water/Sewer Material Testing Fee(2%) $ 4,103.90
Sub-Total for Water Construction Fees $ 8,207.80
E. TPW Inspection Fee(4%) $ 670.34
F. TPW Material Testing(2%) $ 335.17
G. Street Light Inspsection Cost $ 89.60
H. Signals Inspection Cost $ -
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 1,095.11
Total Construction Fees: $ 9,302.91
Choice
Financial Guarantee Options,choose one Amount 'irlark one
Bond=100% $ 224,193.50
Completion Agreement=100%/Holds Plat $ 224,193.50
Cash Escrow Water/Sanitary Sewer= 125% $ 256,493.75 x
Cash Escrow Paving/Storm Drain=125% $ 23,748.13 x
Letter of Credit= 125%w/2yr expiration period $ 280,241.88
City of Fort Worth,Texas
Standard Community Facilities Agreement-Weber Presidio Tract UV
CFA Official Release Date: 02.20.2017
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.
CITU OF FORT W0.R 91P H DEVELOPER
W Towne Crossing,L.P.
Jesus hapa
Assistant ity anager
Date:
ame: John . We er
Recommended by: Title: President
Date: -1+Ls ` 11
Wendy Chi-Babu al, EMBA, P.E. ATTEST: (Only if required by Developer)
Development Engineering Manager
Water Department
L✓, 4. Signature
DoupAs W. Wiersig, P.FU Name:
Director
Transportation& Public Works Department Contract Compliance Manager:
Approved as to Form &Legality: By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
— ensuring all performance and reporting
Richard A. McCracken requirements.
Assistant City Atto
;AV/A
M&C No. (V A- no Q,/A .AA
Date: 71fZ1/17
Name: Janie Morales
Form 1295: ►'� �- Title: Development Manager
ATTEST: F FOR
U: >
Mary e J. Ka LIJ
City Secretary
*S
City of Fort Worth,Texas
Standard Community Facilities Agreement-Weber Presidio Tract UV
CFA Official Release Date: 02.20.2017
Page 9 of 11
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 Improvements
® Water Cost Estimate
® Exhibit A-1: Sewer Improvements
® Sewer Cost Estimate
® Exhibit B: Paving Improvements
® Paving Cost Estimate
❑ Exhibit B-1: Storm Drain Improvements
❑ Storm Drain Cost Estimate
® 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-Weber Presidio Tract W
CFA Official Release Date: 02.20.2017
Page 10 of 11
ATTACHMENT"1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. -
City of Fort Worth,Texas
Standard Community Facilities Agreement-Weber Presidio Tract UV
CFA Official Release Date: 02.20.2017
Page 11 of 11
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Breakdown of CFA Work/ Cost for Weber Track UV
Quantity UM Cost Unit Cost
Excavation Work for Approaches
Saw Cut&Demo for Approaches 170 L. F. $1,390.00 $8.18
Excavation and Subgrade Prep 175 S.Y. $2,600.00 $14.86
Total $3,990.00
Concrete Work
6"Paving Approach @ Tehama Ridge 805 S. F. $4,427.50 $5.50
6"Paving Approach @ Presidio Vista 842 S.F. $4,631.00 $5.50
Sidewalks With Truncated Domes 530 S.F. $3,710.00 $7.00
Total $12,768.50
Sanitary Sewer
20"Steel Encasement Bore w/8"Carrier Pipe 51 L.F. $4,233.00 $83.00
8"SDR-26 PVC Sewer 763 L.F. $25,179.00 $33.00
6"SDR-26 PVC Sewer 6 L.F. $174.00 $29.00
4'Diameter Manhole 3 EA $12,465.00 $4,155.00
4'Diameter Drop Manhole w/warren coating 1 EA $5,159.00 $5,159.00
CCTV&Vacuum Testing 1 EA $1,513.00 $1,513.00
Connection to Existing Sewer 1 EA $850.00 $850.00
Manhole Concrete Collar @ Non-Improved Area 1 EA $425.00 $425.00
Total $49,998.00
Water Distribution
8"DR-14 PVC Water 1253 L.F. $37,590.00 $30.00
12"x 8"Tapping Saddle&Valve 1 EA $4,899.00 $4,899.00
8"Gate Valve&Box 18 EA $22,662.00 $1,259.00
Standard Fire Hydrant 5 EA $39,042.00 $7,808.40
2"Water Service(No Meter) 18 EA $35,244.00 $1,958.00
8"Ductile Iron Tee w/restraints 15 EA $10,860.00 $724.00
8"Ductile Iron Fitting w/restraints 3 EA $1,611.00 $537.00
8"Ductile Iron Plug w/restraints 1 EA $262.00 $262.00
6"Ductile Iron Plug w/restraints 9EA $2,277.00 $253.00
Connection to Existing Water Line 1 EA $750.00 $750.00
Total $155,197.00
Electrical
Replacement of 3 Light Pole Heads Only 3 EA $2,240.00 $746.67
Total $224,193.50