HomeMy WebLinkAboutContract 37793COMIVIU1vITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. T7 i
WHEREAS, the undersigned "Developer" desires to make certain improvements (refer
to the name of the project at the bottom of the page) an addition to the City of Fort Worth,
Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, ahome-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:
Name: Anil Patel
Title: Manager, Anilaswini GP, LLC, general partner of Highway Lodging Western Center III,
L.P.
Company: Highway Lodging Western Center III, L.P.
Project Name: Sanitary Sewer to Serve Western Center Addition
Project Location: Be ig'nning approximately 1,400 feet south of the Southwest corner of the
intersection of IH-35W and Western Center Boulevard and extending_ southward for a distance of
approximately 400 feet.
Additional Streets
Plat Case No
Western Center Boulevard and IH-35W North
FS-008-155 Plat Name: Lot 7, Block 1, Western Center Addition
Mapsco: 35X and 49B Council District: 2
CFA: 2008-068 DOE: 6086 City Project No: 01180
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For and in consideration of the covenants and conditions contained herein, the City and the
Developer do hereby agree as follows:
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.
.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 (A4) X; Paving (B) _Storm Drain (B4) _; Street Lights & Signs
(C) —•
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.
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
lahnratnry tecte of materiale heina need ac may he rennirpd by the C;tv
v. To require its contractor to have fully executed contract documents
submitted to the City 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 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 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.
14. 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 nealikence 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%1 and material testing fees eaual to two percent (2%1
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.
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.
1Vothing 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.
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.
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.
Project Name: WESTERN CENTER ADDITION, LOT 71 BLK 1
CFA No.: 2008-068
DOE No.: 6086
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.
Double click inside spreadsheet for direct input and automatic calculations.
Items Developer's Cost
A. Water and Sewer Construction
1, Water
2. Sewer
Water Construction Cost Sub -Total
B. TPW Construction
1. Street
2. Storm Drain
TPW Construction Cost Sub -Total
Total Construction Cost (excluding the fees):
Construction Fees:
C. Water Inspection Fee (2%)
D. Water Material Testing Fee (2%)
Sub -Total for Water Construction Fees
E. TPW Inspection
F. TPW Material Testing (2%)
G. Street Light Installation / Inspsection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
Financial Guarantee Oofions. choose one
$ 54,020.00
$ 54,020.00
E
$ 54,020.00
0
$ 1,080.40
$ 2,160.80
$ 2,160.80
Choice
Amnuni /ck nnpl
Bond
= 100%
$
54,020.00
Com
letion A reement = 100% /Holds Plat
$
54,020.00
Cash
= 125%
$
67,525,00
Letter
of Credit = 125% w/2 r expiration period
$
67,525,00
X
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 auadrunlicnte_ nt Fort Wnrth Texnc this JF'' dnv
of CSC - , 200� .
CITY OF FORT WORTH -Recommended by:
Water Department
44
Wendy Chit : abulal, EMBA, P.E.
Development Engineering Manager
ATTEST:
�� Ma Hendrix
City ecretary
ATTEST
Signature
(Print) Name: r&�\ C
Transportation & public Works Department
Greg Simmons,
Acting Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
Highway Lodging Western Center III, L.P.
Anilaswim GP, LC, its general partner
Signature
Print Name:
Title
Anil Patel
Manager
1 ':' 1... ', I I'.. 'J I ':1 i 1 1'1 - I 1' I •..:� 1" I
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
(Remainder of Page Intentionally Left Blank)
Sanitary Sewer
Lot 7, Block 1,
mprovements t
Western Center
Western Center Blvd.
Serve
Addition
1 " = 300'
BOYDSTON DESIGNS, ING.
222 W. �xcl,angc Ave., Suite 1 05
�ort 1%1/ort�, Tx 76164
�/oice: 817 626-7878 - �ax: 8 ] 7 626-7879
T.� \2006\06032-Staybridge Suites\_Design\Sewer Plans 2008.09.05\Sewer_CFA Exhibits_06032.pro
Exhibit A-1 DOE # 6086
5327 Wichita Street P.O. Box 15A48 •Fort Wart 1, Texas 76119
Project: Western Center Addition
Location: Ft. Worth, TX
Date: September 15, 2008
Engineer: Boydston Designs, Inc.
Plan Date: 9/9/2008 (San. Swr. Plans)
9/10/2008 (Storm Drain Plans)
We propose to provide equipment, labor &material to perform the following operations.
Our proposal is to include these items as specifically listed, any other material or work is excluded.
Bid quantities are approximate and are based on our interpretation of the provided bid documents.
Final invoice and/or contract price to be determined by measured in place quantities.
Item Sanitary Sewer Quantity Unit Unit Price Total
1 CORE & CONNECT TO EXIST. SSMH I EA $ 2500.00 $ 2,500702 8" SDR-35 PVC SANITARY SEWER 405 LF $ 60.00 $ 24,300.00
3 6" SDR-35 PVC SANITARY SEWER 80 LF $ 55.00 $ 4,400.00
4 4.0' DIA. SSMH 0' TO 6' DEPTH 3 EA $ 3500.00 $ 10500.00
5 4.0' DIA. SSMH ADDITIONAL DEPTH 16 VF $ 200,00 $ 3,200.00
6 TV, AIR & MANDREL TESTING 405 LF $ 2.00 $ 810.00
7 TRENCH SAFETY 405 LF $ 2.00 $ 810,00
Subtotal: $ 46,520.00
w pert Storm Drain Quantity Unit Unit Price Total
Poo
1 3 cS III RCP 17 LF $ 90.00 $
2 36" CLASS III 200 LF $ 11 22,000.00
3 4'X4'JUNCTIONBOX I EA 00.00 $ 3,000.00 Private
4 TEMP. RCP PLUG A $ 500.00 $ 1,500.00
5 REMOVE & REPLACE CONC. APRON 1 LS $ 1,500.00 $ 1,500.00
6 36" RCP 30-DEG, BEND A $ 650.00 $ 17300.00
7 36" SET HEAD 1 35600.00 $ 3,600.00
8 3 EG. WYE 1 EA $ $ 800.00
RENCH SAFETY 217 LF $ 2.00 434.00
Subtotal: $ 357MNQL
Item Erosion Control Quantity Unit Unit Price Total
1 CONSTRUC 1 EA $ 20
2 SILT FENCE 1.80 $ 1,080.00 Private
3 INLET PROTECTI 350.00 $ 700.00
SEED 1,500 SY $ 1 2,250.00
Subtotal: $ o, .
Item General Conditions Quantity Unit Unit Price Total
1 CONSTRUCTION STAKING 1 LS $ 5,500.00 $ 5500.00
2 PAYMENT, PERF. & MAINT. BONDS 1 LS $ 200.00 $ 200.00
Subtotal: $ 7,500.00
Exclusions:
- Inspection Fees
- Impact, Tap or Connection Fees
- Engineering Control /Benchmarks
Meter Fees and/or Deposits
Project Grand Total: $
- Construction Material Testing
- Geotech Testing
- Adjushnent Of Existing Utilities
Locate Of Private Utilities
Sincerely,.
Mike Smith
Conatser Construction TX, L.P.
(S17) 534-1743 •Fax (817) 5344556
www conatserconstructian.cam
$ 54,020 for Public Work Only