HomeMy WebLinkAboutContract 43477 (2)COMMUNITY FACILITIES AGREEMENT,
THE STATE OF TEXAS §
COUNTY OF TARRANT §
City Secretary
Contract No. 1-4
WHEREAS, SLF IV / Legacy Capital, L.P., authorized to do business in Texas
("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"),
each desires to make certain improvements related to McPherson Boulevard in the
City of Fort Worth, Tarrant County, Texas as further described by Exhibits A-C
attached hereto ("Project") in accordance with this Agreement as presented by the Cost
Summary Table and Exhibits hereto and authorized by City Council via
M&C C-25658 on the 12th day of June, 2012; and
WHEREAS, the City has requested the undersigned Developer to cause, and the
Developer desires to cause, the design, permitting and construction of the Project for
which the City will reimburse the Developer for the City's portion of the work as
outlined under Paragraph V of the General Requirements, below; and
WHEREAS, Developer is willing and able to advance the Project on an earlier
schedule than it might otherwise have been implemented; and
WHEREAS, Developer will provide for the design of the Project; and
WHEREAS, Developer agrees to award and construct the Project, and seek
reimbursement from the City for a portion of the construction cost and certain
construction -related expenses based on a public bid process.
Developer Information:
Developer Company Name: SLF TV / Legacy Capital, L.P.
Address, State, Zip Code: 5910 North Central Expressway, Suite 1250 Dallas, TX 75206
Phone, E-Mail: (214) 361-5000 / sds@legacycap.com
Authorized Signatory/Title: Steven D. Saxon, President
Project Name: McPherson West Extension
Project Location: Old Granbury Rd. to Chisholm Trail Pkwy.
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Plat Case No.: TBD Plat Name: TBD
Mapsco:
Council District: 6 City Project No: TBD
CFA: 2012 045 DOE* TBD
To be completed by staff
Received by: fnAr� Date:
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 perfoumance 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, except as
otherwise limited by or provided in this agreement.
B. Developer shall provide financial security for Developer's share of the
project in confoiinance with paragraph 6, Section II, of the Policy and
recognizes that there shall be no reduction in said collateral until the
Project has been completed and the City has officially accepted the
infrastructure. Financial security based on estimates of probable cost are
acceptable for execution of this agreement; however, Developer shall be
required to submit additional financial security (if any) based on accepted
bid prices prior to scheduling a Pre -Construction Meeting.
Combined CFA final Sept 12, 2008 2
C. Developer shall provide financial security for professional services related
to engineering design in conformance with paragraph 6, Section II of the
Policy City agrees to release said financial security upon approval of the
final plans.
D. Developer will submit, upon completion of the Project, 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 a written affidavit,
acknowledgement that the Contractor has been paid in full for all the
services, labor and materials provided under this contract.
E 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.
F. The following checked exhibits are made a part hereof: Water (A) ,
Sewer (A-1) , Paving (B) X Storm Drain (B-1) X . Street
Lights & Signs (C) X
G Exhibits based on conceptual design are acceptable for execution of this
agreement; however, Developer shall submit exhibits based on approved
construction plans prior to scheduling a Pre -Construction Meeting.
H. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II paragraph 7. B. 2. and related
sections 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.
I. 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 utilize contracts for construction of the Project that incorporate and
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comply with the City's standard specifications and contract documents
for developer -awarded infrastructure construction contracts, with any
modifications of such specifications and documents subject to the
written approval of the City.
iii. To require its contractor to furnish to the City a payment bond and a
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.
iv. 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
v. 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, stomur 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.
vi. 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.
vii. To delay connections of buildings to service lures of sewer and water
Combined CFA final Sept 12, 2008 4
mains constructed under this Agreement until said sewer and water
mains and service lines have been completed to the satisfaction of the
Water Depat linent.
J. Developer agrees to provide, at its expense, all professional services
necessary to design and construct the improvements required by this
Agreement, including engineering drawings, studies, contract
specifications, estimates, and other documents, surveying, platting, and
right-of-way support.
K. Developer agrees to submit said construction plans and documents to the
City for review on or before September 30, 2012.
L If construction plans and documents are not submitted to the City for
review on or before September 30, 2012, or if subsequent review
comments are not timely addressed the City shall have the right, after
giving Developer written notice and fifteen (15) days to cure, to utilize the
Developer's financial guarantee submitted for this Agreement to complete
the engineering design of the Project. In connection with the foregoing
completion by the City, Developer will assign any professional services
contracts to the City that the City has chosen to accept assignment of
and/or terminate all remaining professional services contracts, as directed
by the City.
M. Developer shall cause the installation or adjustinent of the required utilities
to serve this phase of the development or to construct the improvements
required herein.
N. City and Developer will share any costs that may be incurred by Developer
for construction staking or for the relocation of any franchise utilities that
are or may be in conflict with any of the community facilities to be installed
hereunder.
O. 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.
P. Developer agrees to provide, at its expense, all necessary rights of way and
easements across property owned by Developer or its affiliates as required
for the construction of the current and future improvements provided for by
this Agreement. Developer retains rights under Texas Local Gov't Code
Sec. 395.023. Dedication of all necessary rights of way and easements shall
be made by separate instrument and shall be executed and placed into
escrow prior to execution of this Agreement. Upon completion of the
Project, as determined by final acceptance of the improvements by the City,
default or material breach of this Community Facilities Agreement by
Developer, or earlier by mutual agreement, the City shall have the right to
record the escrowed documents in the land records of Tarrant County,
Texas.
Q. 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.
R. 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
Combined CFA final Sept 12, 2008 6
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.
S. 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. Further, upon
completion of all work associated with the construction of the infrastructure
and improvements, Developer, by this instrument automatically assigns 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.
T. Inspection and material testing fees for improvements expressly
contemplated by this agreement are waived; however, Developer shall be
responsible for the cost of all additional and ancillary improvements,
including, but not limited to driveways and median openings, including
associated inspection and materials testing fees.
U. COMPLETION
i. If construction of the Project has not commenced within seven months
from the execution of this Agreement, or if construction of the Project
has not been substantially completed within one year from the
commencement of construction, the City shall have the right, after
giving Developer written notice and thirty (30) days to cure, to utilize
the Developer's financial guarantee submitted for this Agreement to
complete the construction of the Project. In connection with the
foregoing, Developer hereby expressly acknowledges the City's Third -
Party Beneficiary status with regard to contracts for design or
construction, but will additionally assign any development or
construction contracts to the City that the City has chosen to accept
assignment of and/or terminate all remaining construction contracts, as
directed by the City.
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.
A. TPW Construction
1. Paving
2. Storm Dram
3. Landscaping
4. Street Lights
TPW Construction Cost Sub -Total
Franchise Utilities & Construction Staking
TPW Construction Cost Total
B. Construction Fees:
Inspection Fee - Items 1-3 (4%)
Material Testing Fee - Items 1-3 (2%)
Street Light Inspection Fee (4%)
TPW Construction Fees Total
Total TPW Project Cost
Cost Summary
Developer's Cost City's Cost
$ 861,637.50
$ 161,000.00
$ 11,500.00
$ 71,587.50
$ 1,105,725.00
$ 28,750.00
$ 1,134,475.00
RIP
$ 1,134,475.00
Total Cost
861,637.50 $ 1,723,275.00
161,000.00 $ 322,000.00
11,500.00 $ 23,000.00
71,587.50 $ 143,175.00
1,105,725.00 $ 2,211,450.00
$ 28,750.00 $ 57,500.00
$ 1,134,475.00 $ 2,268,950.00
82,731.00
41,365.50
5,727.00
129,823.50
82,731.00
41,365.50
5,727.00
129,823.50
1,264,298.50 $ 2,398,773.50
Combined CFA final Sept 12, 2008 8
V. With respect to the City Funded Costs, on or before the fifth (5th) day of each
calendar month during the term hereof, Developer shall submit to the City (i) an
Application for Payment (herein so called) describing that portion of the City Funded
Costs that have been completed through the last day of the previous month, and (ii)
invoices relating to such work previously performed and/or materials installed that are
the subject of the Application for Payment. No later than the tenth (10) day of the
month (the "Review Period"), the City shall review and approve the Application for
Payment, and the City shall pay the Developer the amount requested in the Application
for Payment and approved by the City within twenty-five (25) days after the earlier of
(1) the expiration of the Review Period or (2) approval or deemed approval of the
Application for Payment. If any portion of the Application for Payment is disputed by
the City, then the City shall deliver to the Developer a written objection notice during
the Review Period setting forth such objections in reasonable detail. The undisputed
portion of the Application for Payment shall be timely paid to the Developer as
provided above. If the City timely and reasonably objects to the Application for
Payment, Developer shall exercise good faith efforts to cure the objectionable items to
the City's reasonable satisfaction, and the process set forth above shall be repeated
until the Application for Payment is completely approved and fully paid After the City
has paid the funds requested in an Application for Payment, the Developer will obtain a
release and/or waives of liens, claims, security interests and encumbrances arising out
of the work paid for by the City and provide copies thereof to the City with each
following Application for Payment
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
CITY OF FORT WORTH:
Fernando Costa
Assistant City Manager
day of
Recommended by:
Transpgrtation & Public Works Department
Douglas
Director
ersig, P.E.
Water Department
tot.
Wendy Chi-Babulal, EMBA, P.E.
Water Development Engineering Manager
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
ATTEST:
Mary,. ' ayse
City Secretary i
Authorization:
M&C: 51 igy
Date: 6rel.IZ
Combined CFA final Sept 12, 2008
DEVELOPER:
SLF IV / Legacy Capital, L.P.
By: Legacy Capital Partners, Ltd., a Texas
Limited Partnership
its General Partner
By: Legacy Capital Company, a Texas
Corporation
its General Partner
By•
Steven . Saxon, President
Art f°}5? riP titib
04;$* oop
ate co
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Viz°
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�3yQ0a�ooa0 4:11
10
Water Department
N A
S. Frank Crumb, P.E.
Director
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
►/
rs
/s
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)
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M&C Review
Page 1 of 2
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-1 ic)A
Official site of the City of Ford: Worth, Texas
FORT Wo wi'i I
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COUNCIL ACTION: Approved on 6/12/2012 n Ordinance No. 20252'30602012
DATE:
6/12/2012 NO.:
REFERENCE
CODE: C
TYPE:
C-25658
NON -
CONSENT
LOG NAME:
PUBLIC
HEARING:
06MCPHERSON
BOULEVARD TPW CFA
NO
SUBJI :CT: Authorize Execution of a Community Facilities Agreement with SLF IV/Legacy Capital,
L P., in the Amount of $2,268,950.00 for Improvements to McPherson Boulevard from the
Chisholm Trail Parkway to Old Granbury Road and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Transportation Impact Fund in the amount of $272,000.00 from available funds; and
2. Authorize the execution of a Community Facilities Agreement with SLF IV/Legacy Capital, L P., for
paving and related improvements to the northern two lanes of McPherson Boulevard from the
Chisholm Trail Parkway to Old Granbury Road in the amount of $2,268,950.00 of which the City
participation is 50 percent or $1,134,475.00.
DISCUSSION:
The construction of the Chisholm Trail Parkway in southern Tarrant County includes the closure of
two County roads, Stewart -Feltz and Old Granbury Road, as shown in the attached exhibit. Tarrant
County has raised concerns with the North Texas Tollway Authority, the Texas Department of
Transportation and the City over the impacts to mobility in the area due to these permanent closures.
Staff from these agencies have been working closely over the last few months to mitigate the impacts
of these two closures. Various solutions to the Old Granbury Road closure were considered, including
the construction of a new bridge over the Parkway to allow Old Granbury Road to remain in service
and the proposed extension of McPherson Boulevard from the Chisholm Trail Parkway interchange to
Old Granbury Road. The most cost effective solution is the extension of McPherson Boulevard, a
minor arterial on the City's Master Thoroughfare Plan.
Staff approached the owner of the adjacent property, SLF IV/Legacy Capital, L P., and has reached
an Agreement for the owner to cause construction of the needed improvements with reimbursement
by the City for 50 percent of the construction cost. The owner is responsible for the remaining
construction costs, engineering design and dedication of the needed right-of-way.
This project is consistent with the City's expansion of the arterial network to support the Chisholm
Trail Parkway. The total amount of City participation is $1,134,475.00 with $272,000 00 from
available Impact Fee Funds and $862,475.00 in 2007 Critical Capital Program for arterial construction
associated with the Chisholm Trail Parkway. The project will be publicly bid by the owner.
This project is located in COUNCIL DISTRICT 6.
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lP {O r, :
43 IN
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ivl&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon adoption of the attached
appropriation ordinance, funds will be available in the current capital budgets as appropriated, of the
Transportation Impact Fund and 2007 Critical Capital Projects Fund.
TO Fund/Account/Centers
1)0206 488139 061249992700 $272.000.00
1)C206 541200 061249992700 $272.000.00
FROM Fund/Account/Centers
2)C295 541600 303230000587 $862.475.00
2) C206 541200 063230000587 $272.000.00
Submitted for City Manaaer's Office by: Fernando Costa (6122)
Oriainatina Department Head: Randle Harwood (6101)
Additional Information Contact: Bryan Beck (7909)
ATTACHMENTS
06MCPHERSON BOULEVARD TPW CFA AO12.doc
McPherson Exhibit MC.Ddf
http://apps.cfwnet.org/council_packet/mc_review.asp7ID=16969&councildate=6/12/2012 07/10/2012