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Home My WebLink AboutContract 43313 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract No. 4333 WHEREAS, the undersigned Developer ("Developer") desires to make certain improvements ("Improvements") related to a project as described below ("Project"), an addition to the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this "Agreement" in connection with the Improvements. Developer Information: Developer Company Name: Phoenix — FWSouth, LLC Authorized Signatory/Title: Stephen M. Eisner, Manager Address, State, Zip Code: 200 Man 0 War Ct Burleson, TX 76028 Phone Number, E-Mail: (817) 426-5 85 9, eisnerl@flash.net Project Name: The Phoenix Project Location: 429 College Ave. Plat Case No.: FS-011-062 Plat Name: Jennings South Addition Mapsco: 76H CFA: 2011-035 DOE: 6709 To be completed bstaff Received by: +ot Council District: 9 City Project No: 01773 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Date: .5l2-3 / 06-1 4-1 2 A09 : 34 IN 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 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. 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 are made a part hereof: Water (A) X , Sewer (A-1) X , Paving (B) _X , Storm Drain (B-1) , Street Lights & Signs (C) X. 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 dram, 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 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 en7plovees. 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 suck 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 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%) 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. 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. 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 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. iv. 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. v. Notwithstanding the foregoing provisions, if construction of the facilities described herein is not initiated within the two-year period (as defined above) due to inadequate funding, all obligations of the City and Developer under this Agreement shall terminate and be of no further force and effect. The ability to terminate this Agreement for the reason stated in this subsection may be exercised at any time within the two (2) year period. City and Developer will cooperate, one with the other, to effect any documentation reasonably required by City, Developer its contractor, surety or lender to evidence termination of this Agreement for this reason. Should the City desire, it may require as a condition to termination of this Agreement, that Developer vacate the plat as well as the right-of-way vacation associated with the contemplated project. Alternatively, the parties may, upon mutual agreement, execute a new Community Facilities Agreement. Cost Summary Sheet Project Name: The Phoenix CFA No.: 2011-036 DOE No.: 6709 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 2 Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2 Storm Drain 3. Street Lights Installed by Developer TPW Construction Cost Sub -Total Total Construction Cost (excluding the fees): 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%) F. TPW Material Testing (2%) G. Street Light Inspection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees 106,756.00 5,530.00 112,286.00 $ 60,712 00 $ $ 52,850.00 $ 113,562.00 Total Construction Fees: $ Financial Guarantee Options, choose one Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer— 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% w/2yr expiration period 225,848.00 2,245.72 2,245.72 4,491.44 2,428.48 1,214.24 2,114.00 5,756.72 10,248.16 Amount 225,848.00 X 225,848.00 140,357.50 141 ,952.50 282,310.00 I Choice fck one) IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its naive 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 instillment in at Fort Worth, Texas this r. day of (4 quadruplicate, 20 IV. CITY OF FORT WORTH e Recommended by: Water Department A4 Wendy Cl Developid t Engineering Manager abulal, EMBA, P.E. Approved as to Form & Legality: DoZia—se-W. Black Assistant City Attorney M&C No. ail Date: ATTEST: Secreta ATTEST: 7Pak(hci Signature (Print) Name: Transportation & Public Works Department LJ Dougla�Wiersig, P.E Directo Approved by City Manager 's Office ce nama, Fernando Costa Assistant City Manager deSsetalletrati aer FOR? 4* 01000o0000 Pit 4 Op :rig a 10 o sas %QC) %0 0 Ss' 8 X 0 4c a �cY ts 00000a toe cizzzlif-EICADt* lztaminavis DEVELOPER: Phoenix-FWSouth, LLC By its manager FWS EMD, LLC 9 Signature Print Name: Stephen M Eisner Title: Manager • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Check items associated with the project being undertaken. Checked items must be included as Attachments to this Agreement 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 /1 rs r" ►1 n (Remainder of Page Intentionally Left Blank) IX-.9, CONNECT TO EX. 6" WATER PROPOSED 8" WATER LINE Hz O HZ GO ND rn e5 jai (n • rn<o w(N; f7 ID - o LOT 18C CONNECT TO EX. 6' WATER 1 IX.1 LOT 12 LOT 13 LOT14 LOT 15 LOT 16 CONNECT TO EX. 10' WATER for_ 1Q PROPOSED 12" WATER LINE Ij ( WEST TUCKER STREET _; CONNECT TO EX. 6" WATER LOT 2A BLOCK 34 WM WM LOT BLOCK 34 PROPOSED 12" WATER LINE WEST $ROA®WAY.AVE.. _ St ILL. CONNECT TO EX. 6' WATER tot® 10 1-4 1 �1 gct PROPOSED 4" DOM. WATER METER PROPOSED 6" FIRE SERVICE PROPOSED 8" WATER LINE LOT 13R I BLOCK 39 LOT 1 ELOCK 34 CONNECT TO EX. 6" WATER L_Exi_ NEST PETERSPATH -ST ti 1 CONNECT TO EX. 8" WATER civil engineering. planning LOT 9R BLOCK 39 I 1WMPENNSYLVANIA AVENUE` P EwL The Phoenix 429 College Ave. Fort Worth Texas 1 a Exhibit A SCALE: DATE: SHEET: 1 1' 100' I 4/20/2012 • mr 7 n U) 1-1 K2 rr n: 6 co N a_ LOT 12 LOT 13 LOT 14 LOT15 LOT 16 LOT I8C DBL. CLEANOUT WET=BROADWAY AVE.� STA. 0+14 LCI BLOCK L234 -- I A -LOT2 ,W � 34 BLOCK 34 I� Ca J Sl IPROPOSED M.H. @ STA. 1+66 AT - L 244 TO BE ABANDONEDIT ,..-' ISTA. 1+66 TO STA. 3+90 tx. OLSS - WES PETERSNIltH S-T. I I LOT 13R BIOCR 39 WEST _TUCKER STREET civil engineering • planning LAI �II" _FX,=10_ SS -' "J_23 I ,. 1— L-253 TO BE MADE PRIVATE STA. 0+14 TO STA. 0+79 LCT1 BLOCK 34 PROPOSED 10" SAN SEWER I. I L-246N TO BE ABANDONED STA. 0+00 TO STA. 2+16 i LOT 9R BLOCK 39 PENNSYLVANIA AVENUE The Phoenix 429 College Ave. Fort Worth Texas CONNECT TO EX. 15° PVC SS M-15R Exhibit A-1 SCALE: DA1E: SHEET: 1° = 100 12/01/2011 20' (TYP.) NEW CONCR PAVEMENT PARALLEL PARKING DETAIL N.T S. PROPOSED SIDEWALK ;a:` rtrfrrrnfie I6'x24' ACCESSIBLEI SPACE / P s LOT 13- BLOCK 39 Lc LI S17.(_ apipirrlior WEST PETERSMI TH ST. vin civil .,ng.n'-,. , _ p(onn?ng LEGEND The Phoenix LO I YR FLOCK 39 PROPOSED SIDEWALKS PROPOSED PAVEMENT Exhibit B 429 College Ave. Fort Worth Texas 'SCALE DATE: SH e 1 a TC' 3/5/2012 I... ... 1 e LOT 2A ELOCK 34 PROPOSED LIGHT STD (TYPICAL) LOT 13R BLOCK 39 LOT 2 BLOCK 34 Itati qict cct WEST PETERSMITH ST. civil engineering a planning The Phoenix 429 College Ave. Fort Worth Texas LOT 1 BLOCK 34 LOT 9R BLOCK 39 Exhibit C SCALE: DAME: 1" 60' 12/01/2011 • 1 i THE PHOENIX CFA CONSTRUCTION ESTIMATE A. WATER DESCRIPTION Pipe-Pressure-4 Inch - Install Pipe-Pressure-6 Inch - Install Pipe-Pressure-8 Inch - Install Pipe-Pressure-12 Inch - Install Pipe -Grout -Non -Shrink - Install Valve-6 Inch -Gate Valve w/Box - Install Valve-8 Inch -Gate Valve w/Box - Install Valve-12 Inch -Gate Valve w/Box - Install Fire Hydrant- Install Meter Vault w/4 Inch Turbo & 2 Inch Bypass - Install Water Service-4 Inch -Tap to Main - Install Sample Station - Install Trench Safety System 5 Foot Depth - Install Water Service-1 Inch - Install Water Service-2 Inch - Install Water Service-1 Inch -Tap to Main - Install SUB - TOTAL: B. WASTEWATER DESCRIPTION Pipe-Sewer-10 Inch (All Depths) - Install Manhole-Std 4 Ft Diam-(to 6 Ft Depth) - Install Trench Safety System 5 Foot Depth - Install SUB - TOTAL: D. PAVING DESCRIPTION Pavement Concrete - Install Curb & Gutter - Install Subgrade-6 Inch -Lime Stabilized-28 lbslsy - Install Walk-5 Ft - Install Walk-ADA Wheelchair Ramp - Install Pavement Marking -Crosswalk 12 Inch- P-H-A Thermoplastic - Install SUB TOTAL: E. STREET LIGHTS DESCRIPTION UNIT LF LF LF LF CY EA EA EA EA EA EA EA LF LF LF EA UNIT LF LF LF UNIT SY LF SY SF EA LF UNIT Light -Ornamental Pole & Fixture -item purchased from City - Install EA Dbl Conduit-2 Inch-Sch 40 - Install LF SUB -TOTAL: APPROX. QUANTITY 30 68 530 979 50 4 5 7 3 1 1 1 1,200 42 14 1 APPROX. QUANTITY 30 2 30 APPROX. QUANTITY 635 796 635 8,200 2 50.00 APPROX. QUANTITY 14 550 UNIT PRICE 35.00 30.00 $ 39.00 $ 45.00 $ 25.00 700.00 900.00 1,500.00 2,200.00 8,500.00 975.00 $ 800.00 $ 1.00 22.00 28.00 500.00 $ UNIT PRICE $ 50.00 $ 2,000.00 $ 1.00 UNIT PRICE 24.00 2.00 3.00 5.00 400.00 3.50 UNIT PRICE TOTAL 1,050.00 2,040.00 20,670.00 44,055.00 1,250.00 2,800.00 4,500.00 10,500.00 6,600.00 8,500.00 975.00 800.00 1,200.00 924.00 392.00 500.00 106,756.00 TOTAL 1,500.00 4,000.00 30.00 5,530.00 I TOTAL 15,240.00 1,592.00 1,905.00 41,000.00 800.00 175.00 $ 60,712.00 $ 3,500.00 I $ $ 7.00 I $ TOTAL 49,000.00 3,850.00 $ 52,850.00 i CPMS BID-00605 BID-00615 BID-00617 BID-00590 BID-00224 BID-00745 BID-00749 BID-00717 BID-00546 BID-00563 No Bid Item BID-00709 BID-00372 BID-00758 BID-00763 BID-00762 CPMS BID-00227 BID-00213 BID-00372 CPMS BID-00429 BID-00423 BID-00484 BID-00531 BID-01227 BID-00996 CPMS BID-00970 BID-00175 i 2011013-CFA 20120417.xlsx Evolving Texas Page 1 of 1