HomeMy WebLinkAboutContract 44012 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
City Secretary
Contract No. t9q1; � �—
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: Throckmorton FW2, LLC / Throckmorton FW3, LLC
Address, State, Zip Code: 2001 Bryan Street, Suite 1550 I Dallas, TX 75201
Phone, E-Mail: (214)-740-2353 I jonrspirerea1ty.com
Authorized Signatory/Title: Jon Ruff, Senior Vice President
Project Name: Street Light & Traffic Signal Improvements to serve City Place Phase I
Project Location: Throckmorton St. between Weatherford and 3rd St.
Plat Case No.: N/A Plat Name: N/A
Mapsco: 62Z
Council District: 9 City Project No: 01999
CFA: 2012-074 DOE: 6971
To be completed by Isle:
Received by: ) I
0 "1--02-13 AO
49 IN
1
Date: 4113/�,��
OFFICIAL RECORD
4'T litlitiy SECRETARY
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?n79F,ririlly TX
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 (ALSewer
(A-1) _, Paving (B) Storm Drain (B-1) , Street Lights (C) X ,
Traffic Signals (C-1) X.
F 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 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 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 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
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Cost Summary Sheet
Project Name: Street Light & Traffic Signal Improvements to serve City Place Ph. 1
CFA No.: 2012-074 DOE No.: 6971
Items
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
4. Traffic Signals
Developer's Cost
$
$
44,940.00
13,138.75
TPW Construction Cost Total $ 58,078.75
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
$ 58,078.75
$
$
E TPW Inspection Fee (4%) $
F. TPW Material Testing (2%) $
G. Street Light Inspsection Cost $ 1,797.60
H. Traffic Signal Inspection Cost $ 525.55
H. Street Signs Installation Cost $ -
Sub -Total for TPW Construction Fees $ 2,323.15
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
$ 2,323.15
$
$
$
Choice
Amount (ck one)
58,078.75
58,078.75
72,598.44
72,598.44
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 Devel per has exe ted this
instrument in q adruplicate, at Fort Worth, Texas this .. / day of Z»i i
20 i .
CITY OF FORT WORTH - Recommended by:
Water Department
i
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. A//A-
Date:
ATTEST:
ary J. K
CitySecre
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7
ATTEST:
(Print) Name:
(Pri ) Name:
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sportation & Public Works Department
63i
Dou a. W. Wiersig, P.E.
Dire •r
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
Throckmorton FW2, LLC, a Texas limited liability company
Print Nm6e: JOa gg Fr
Title: 5Vf2
Throckmorton FW3, LLC, a Texas limited liability company
Print Name: Jt
Title: s yp
9
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 Improvements
Street Lights Estimate
Exhibit C-1: Traffic Signals
Traffic Signals Estimate
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(Remainder of Page Intentionally Left Blank)
This document, together with the concepts and designs ?recanted heroin, as on Instrument of service, is Intended only for the specific purpose and client for which I: was prepared. Reuse of and Improper reliance an this document without written authorization and adaptation by Kimley—floor and Maociotes. Inc shall be without Itoboity to Kimbey—Nam and kosocfotao, Inc
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Item
No.
Spec.
Item
Name of Pay Item with
Unit Price in Words
Street Light and Traffic Signal Improvements to Serve City Place Phase 1
1 2605.3001 1 1/4" CONDT PVC SCH 80 (T)
Six
dollars and No
2 2605.3011 2" CONDT PVC SCH 40 (T)
Seven
dollars and No
3 3217.4304 Remove 12" Pvmt Marking
Three
dollars and No
4 3217.4305 Remove 18" Pvmt Marking
Four
dollars and No
5 3441.1408 NO 6 Insulated Elec Condr
One
!dollars and Twenty -Five
6 3441.1414 NO 8 Bare Elec Condr
One
dollars and Fifteen
7 3441.1502 Ground Box, Small, w/ Lid Apron
Five Hundred Fifty
dollars and No
8 3441.2001 Salvage Traffic Signal
Three Thousand One Hundred
dollars and No
9 3441.3002 Rdwy Ilium Assmbly TY 8,11,D-25, and D-30
Two Thousand
dollars and No
10 3441.3021 Ornamental Assmbly, Simple
Two Thousand Two Hundred Fifty
dollars and No
11 3441.3103 100W MH PC Lighting Fixture
Three Hundred Fifty
dollars and No
12 3441.3501 Salvage Street Light Pole
One Hundred Fifty
dollars and No
13 3441.4003 Furnish/Install Alum Sign Ground Mount City Std.
Five Hundred Fifty
dollars and No
14 3471.0001 Traffic Control
One Thousand Five Hundred
dollars and No
15 9999.0000 Interconnect Cable 12PR 19AWG
Five
dollars and No
00 42 43 Proposal Form Unit Price
Approx.
Quantity
Unit
690 LF
Unit Bid
Price
Total Amount
cents per unit $ 6.00 $ 4,140.00
150 LF
cents per unit! $ 7.00 $ 1,050.00
180 LF
cents per unit
40 LF
3.00 $ 540.00
cents per unit $ 4.00 $ 160.00
3,000 LF
cents per unit
cents per unit
cents per unit
cents per unit
cents per unit
cents per unit
cents per unit
cents per unit
cents per unit
cents per unit
cents per unit
$ 1.25 $ 3,750.00
1,925 LF
1.15 $ 2,213.75
2 EA
$ 550.00
1 EA
1 EA
10 EA
11 EA
3 EA
2 EA
2 MO
925 LF
1,100.00
$ 3,100.00 $ 3,100.00
$ 2,000.00 $ 2,000.00
$ 2,250.00 $ 22,500.00
$ 350.00 $ 3,850.00
$ 150.00 $ 450.00
$ 550.00 $ 1,100.00
$ 1,500.00 $ 3,000.00
$ 5.00 $ 4,625.00
Bid Proposal Page 1 of 2
Item Spec.
No. Item
Name of Pay Item with
Unit Price in Words
00 42 43 Proposal Form Unit Price
Approx. Unit Unit Bid
Quantity Price
Total Amount
16 9999.0000 Custom Light Pole Foundation 8 EA
Five Hundred
dollars and No cents per unit $ 500.00 $ 4,000.00
17 9999.0000 Repaint Traffic Signal Poles 2 EA
Two Hundred Fifty
dollars and No cents per unit $ 250.00 $ 500.00
BID SUMMARY
GRAND TOTAL AMOUNT BID $58,078.75
Bid Proposal
Page 2 of 2