HomeMy WebLinkAboutContract 37476COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No._�
WHEREAS, IPCF Limited PartnershiV, hereinafter called "Developer",
desires to make certain improvements to REMINGTON POINT PHASE V
PEDESTRIAN CROSSING REPAIRS, an addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant, Denton and Wise Counties, Texas, hereinafter called "City", to do
certain work in connection with said improvements.
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:
I. 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, is hereby incorporated into this
Community Facilities 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.
B. The requirements of the Policy shall govern this Community Facilities
Agreement, provided, however, that any conflict between the terms of
this Community Facilities Agreement and the Policy shall be resolved
in favor of this Agreement.
C. Developer shall provide financial security in conformance with
paragraph 6, Section II, of the Policy.
D. Developer acknowledges that there shall be no reduction in the amount
of financial security prior to project completion and acceptance by the
City.
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy.
Project Name —Remington Point Ph 4 park crossing 1
CFA Number — 2008060; DOE 5893
F. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the
Policy.
G. 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 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.
H. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
I. In the event that City participation exceeds $25,000, Developer agrees
that no street construction or storm drainage will begin prior to City
Council approval of this Community Facilities Agreement. (Article
104.100, Ordinance 7234).
J. Developer agrees that no lot shall be occupied under a certificate of
occupancy until the improvements required herein have been
constructed (Article 104.100, Ordinance 7234).
K. Developer hereby releases and agrees to indemnify and hold the City
harmless for any inadequacies in the preliminary plans, specifications
and cost estimates supplied by the Developer for this contract.
L. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to
Project Name — Remington Point Ph 4 park crossing 2 Date — July 18, 2008
CFA Number — 2008060; DOE 5893
construct current and future improvements provided for in this
agreement.
M. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part
hereof: Water (A)None; Sewer (A4) None; Paving (B)Attached
Storm Drain (134) None; Street Lights and Signs (C) None..
N. 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.
II. Street and Storm Drain Facilities
A. The Developers) agree to install or to cause to have installed, the street,
storm drainage, street lighting, street name sign and other community
facilities improvements shown as "current improvements" on the attached
Exhibits B.
B. As shown below in the "Summary of Cost for Street and Storm Drain
Facilities", the Developer shall fund its share of "current improvements"
and shall pay to the City for its share of the cost of street, storm drainage,
street lighting, street name signs as shown on the attached Exhibits B. The
estimated total cost of current improvements and related support services
specified in this agreement, including design, construction and inspection
is estimated to $ 38,438.204
Project Name —Remington Point Ph 4 park crossing 3
CFA Number — 2008060; DOE 5893
Date —July 18, 2008
Project Name Remington Point Phase 4 Park Crossing Repairs
CFA 2008-060
DOE 5893
Item
Developer
Cost
City Cost
Total Cost
A.
Construction
1. Streets
$
36,262.45
$
36,262.45
2. Storm Drainage
3. Street Lights
4. Street Name Signs
B.
Engineering Design
C. Construction Engineering
and Management by DOE 4%
$
11450v5O
$
11450050
D.
Materials Testing by DOE 2%
$
725.25
$
725.25
TOTALS
$
38,438020
$
38,438.20
$ 36,262.45
125% $ 46,503.06
Project Name —Remington Point Ph 4 park crossing t}
CFA Number — 2008060; DOE 5893
Date —July 18, 2008
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
2. Developer's column for Item C represents four percent (4%) cost for construction
inspection fees. The City will pay additional inspection fee over 4%.
3. City not preparing plans and specifications.
4. Developer's column for Item D represents two percent (2%) of paving and storm drain
costs for materials testing.
Project Name —Remington Point Ph 4 park crossing 5 Date —July 18, 2008
CFA Number — 2008060; DOE 5893
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in triplicate in its name and on its behalf by its Assistant City Manager, attested by
its City Secretary, with the corporate seal of the
executed this instrument in triplicate, at Fort Worth,
120089
Approval Recommended:
ATTEST:
Marty Hendri
City Secretary
ATTEST:
Corporate Secretary
Project Name —Remington Point Ph 4 park crossing
CFA Number — 2008060; DOE 5893
City affixed, and said Developer has
Texas this the�tay of A �4
IJ
Transportation and Public Works
City of Fort W/orth/
Fernando Costa
Assistant City Manager
Nfl MSC f��:��Ji'1t�D
IPCF Limited Partnership, a Texas limited
partnership
BY: Z P3, C, its General Partner
Brian Rohr, Development Manager
OFFiCIAs RECORD
I ICIlECRETARY
fFORTH, TX
- ,2008
VICINITY MAP
N.T.S.
FINAL PLAT OF
LOTS 1 -26, BLOCK 26; LOTS 1-22, BLOCK
LOTS 1-57,58X AND 59X BLOCK 28; LOTS 1 -25,
LOTS 1-34, BLOCK 30
OF
44.595 ACRES SITUATED IN THE
ALEXANDER F. ALBRIGHT SURVEY, ABSTRACT NO. 1849
CITY OF FORTWORTH, TARRANT COUNTY, TEXAS
16 4 LOTS
3 H OA LOTS
TURNER COLLIE & BRADEN INC.
1200 SUMMIT AVENUE SUITE 600
FORTWORTH, TEXAS76102
(817) 698-6700
FAX (817) 698-6701
PREPARED FOR OWNER:
IPCF LIMITED PARTNERSHIP
72D SOUTH KIMBALL
SOUTHLAKE, TEXAS76092
(817) 424-1392
PLAT PREPARED:
DUNE 29, 2005
T.C. & B. JOB N0. 52802185
SURVCON JOB N0. 670717.0227
CASE NO. FP-004-151
27;
BLOCK
5 BLOCKS
29;
SURVCON, INC.
1200 SUMMIT AVENUE SUITE 600
FORTWORTH, TEXAS76102
(817) 698-6770
FAX (817) 698-6771
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ForceCon Services
5601 Feed Mill Drive - Suite 360
Keller, Texas 76248
(817) 741-8120 Fax (817) 741-8126
PROPOSAL
To: Zena Land Development
Attn: Brian Rohr
817424-1392 x111
817421-6910 Fax
06/25/08
Revised 7-31-08
We propose to furnish all labor, materials, and equipment necessary to construct, as an independent contractor, the following
described work:
LOCATION: Remington Point, Phase 5, Fort Worth, Texas
DESCRIPTION
Excavate, Concrete Rip -rap, and Seed
1 A - Embankment Downstream APPROX. 62.7 CY @ $286.00 $17,932.20
2 B - Embankment Upstream APPROX. 8 CY @ $286.00 $2,288500
3 C - Structure Downstream APPROX. 6.7 CY @ $286.00 $11916.20
4 D - Structure Upstream APPROX. 6.7 SY @ $286.00 $1,916,20
5 Import Fill APPROX. 8 Loads @ $250,00 $2,000.00
6 Remove & Haul off APPROX. 1 LS @ $450.00 $450.00
7 Grout APPROX. 1 LS @ $11770.00 $1,770,00
8 Seeding APPROX. 1 LS @ $11220.00 $1,220.00
9 TV Storm Sewer (Prior to construction) APPROX. 1 LS @ $500.00 $500600
10 TV Storm Sewer (After completion) APPROX. 1 LS @ $500.00 $500.00
11 18" Rock Rip Rap Down Stream APPROX. 15.5 LS @ $172.75 $2,677.63
12 18" Rock Rip Rap Up Stream APPROX. 17.9 LS @ $172.75 $3,092623
13 Payment, Performance and Maintenance Bond APPROX. 1 LS @ $940000 $940,00
Total Paving: $37,202.45
Pricing is subject to change after 30 days.
EXCLUDES:
Engineering &Inspections Fees
INCLUDES:
Payments shall be made on measured quantities of work completed. Work completed will be billed on the 25th of each month
with payment due by the 10th of the following month. Partial payments shall be made monthly for 90% of the work completed
during the preceding month. Final payment shall be made in cash upon completion or partial completion, with interest at
maximum allowed by law charged thirty days thereafter. Stoppage of work for the convenience of the customer shall be
considered as partial completion and full payment shall be due for all work done.
ACCEPTED:
BY:
Clayton Harp
ForceCon Services (972) 979-8505
DATE:
August 8, 2008
IPCF Limited Partnership
218 W. Wall Street
Grapevine, TX 76051
Attn: Michelle Weber, EVP
Phone: 817/4244392, ext 102
Re: Our Letter of Credit Number LC 892 issued in favor of City of Fort Worth at the
request of and for the account of IPCF Limited Partnership; $46,503.06
Dear Sir or Madam:
As requested, we forward the original of the above -mentioned Letter of Credit LC
892 along with an extra copy for your records. We understand that you will deliver the
original letter of credit along with other documents to the City of Fort Worth.
Should you require any additional information, please do not hesitate to call to the
attention of the undersigned.
Very truly yours,
Cathy Beyno�i
Vice President
Texas Capital Bank N.A.
Letter of Credit Unit
2100 McKinney Ave., Suite 1225
Dallas, Texas 75201
Phone: 214/932-6831
Fax: 214/932-6750
e-mail: catliy.be� nojiigtexascapitalbank.com
cc: IPCF Limited Partnership/Michelle Weber, Executive Vice President
Texas Capital Bank, N.A.,/Steve Eberhardt, Relationship Manager
Encl.
2100 McKtrrrrsY Avg., Sutra 900, DALLAS, TX 75201, 214.93z.6600, F,�x 214.932.G604
DATE:
LETTER OF CREDIT NO.
BENEFICIARY:
APPLICANT:
August 8, 200$
City of Fort Warth
1000 Throckmorton
Fort Worth, Texas 76102
IPCF Limited Partnership
218 W. Wall Street
Grapevine, TX 76051
FACE AMOUNT: US$46,503.06
(FORTY SIX THOUSAND FIVE HUNDRED THREE AND
06/100THS U.S. DOLLARS)
EXPIRATION DATE: July 3I, 2009
PLACE OF EXPIRY: Texas Capital Bank, N.A.
Letter of Credit Unit
2100 McKinney Avenue. Suite 1225
Dallas, Texas 75201
Phone: 214/932-6762 or 214/932-6831
LADIES AND GENTLEMEN:
PROJECT:
REMINGTON POINT PRASE V PARK CROSSING STRUCTURE REPAIRS
WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF
CREDIT NO. LC 892 WHICH IS AVAILABLE WITH TEXAS CAPITAL BANK, N.A. BY PAYMENT
AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND
AMENDMENT(S), IF ANY AND YOUR DRAFT(S) AT SIGHT DRAWN ON TEXAS CAPITAL
BANK, N.A, ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW:
A SIGNED STATEMENT FROM THE BENEFICIARY STATING THAT:
"IPCF LIMITED PARTNERSHIP HAS FAILED TO COMPLETE CONSTRUCTION OF THE WORK
ON LOT S8X OF BLOCK 28 AS DESCRIBED IN THE COMMUNITY FACILITIES AGREEMENT
FOR REMINGTON POINT PHASE V PARK CROSSING STRUCTURE REPAIRS OR TO MAKE
PAYMENT FOR ITS SHARE OF THE DEVELOPMENT COSTS DETAILED IN SUCH COMMUNITY
FACILITIES AGREEMENT."
IT IS A CONDITION OF THIS STANDBY LETTER OF CREDIT THAT IT SHALL BE
AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE ADDITIONAL 12 MONTH
PERIOD FROM THE PRESENT EXPIRATION DATE, UNLESS AT LEAST THIRTY (30) DAYS
PRIOR TO THE CURRENT EXPIRY DATE WE SEND NOTICE IN WRITING TO YOU VIA HAND
DELIVERY OR OVERNIGHT COURIER AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO
Letter of Credit No. LC 892: Pa e 1 of 2 August $, 2008
g
2100 MCKINNEY AVE., SUITE 900, DALLAS, TX 75201, 214.932.6600, FAX 21C932.6604
AUTOMATICALLY EXTEND THIS LETTER OF CREDIT FOR ANY ADDITIONAL PERIOD.
HOWEVER, IN NO EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED
BEYOND THE FINAL EXPIRY DATE OF JULY 31, 2010. UPON SUCH NOTICE TO YOU, YOU
MAY DRAW ON US AT SIGHT FOR AN AMOUNT NOT TO EXCEED THE BALANCE
REMAINING IN THIS LETTER OF CREDIT WITHIN THE THEN APPLICABLE EXPIRY DATE, BY
PRESENTATION OF YOUR DRAFT AND DATED STATEMENT PURPORTEDLY SIGNED BY ONE
OF YOUR OFFICIALS READING EXACTLY AS FOLLOWS: "THE AMOUNT OF THIS DRAWING
US$ (INSERT AMOUNT) UNDER TEXAS CAPITAL BANK, N.A. LETTER OF
CREDIT NUMBER LC 892 REPRESENTS FUNDS DUE US AS WE HAVE RECEIVED NOTICE
FROM TEXAS CAPITAL BANK, N.A. OF THEIR DECISION NOT TO AUTOMATICALLY EXTEND
LETTER OF CREDIT NUMBER LC 892 AND THE UNDERLYING OBLIGATION REMAINS
OUTSTANDING."
WE HEREBY AGREE WITH YOU THAT THE DRAFTS) DRAWN UNDER AND IN COMPLIANCE
WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON
PRESENTATION AT TEXAS CAPITAL BANK, N.A. AT THE ADDRESS INDICATED AT THE TOP
OF PAGE ONE (1) UNDER PLACE OF EXPIRY OR BY FACSIMILE TO TEXAS CAPITAL BANK,
N.A., FAX NUMBER 214/9324750 CONFIRMED BY A PHONE CALL TO 214/932-6831 OR
214/932-6762. WHEN PRESENTATION IS MADE BY FACSIMILE, THE ORIGINAL LETTER OF
CREDIT AND AMENDMENT(S), IF ANY, ARE NOT REQUIRED.
THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998,
ICC PUBLICATION N0.590.
Texas Capital Bank, N.A.
Authorized S gnature
Title: _
Letter of Credit No. LC 892: Page 2 of 2;
August 8, 2008