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HomeMy WebLinkAboutContract 44013 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract No. 04013 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 ( Dallas, TX 75201 Phone, E-Mail: (214)7402353 ( jonrspirerea1ty.com Authorized Signatory/Title: Jon Ruff, Senior Vice President Project Name: Street Light Improvements to serve City Place Phase 2 Project Location: Taylor St. between Weatherford and 3rd St. Plat Case No.: N/A Plat Name: N/A Mapsco: 62Z Council District: 9 City Project No: 02016 CFA: 2012-075 DOE: 6972 To be completed b staff* Received by: 01-02-13 -13 A09:49 IN 1 Date: 1c4 �I ��- FFICHAL RECOR SiniRETARY 17, t117O } lffly TN • • 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) ,Sewer (A-1) a, Paving (B) Storm Drain (B-1) , Street Lights (C) X , Traffic Signals (C-1) . 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 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 haiinless 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 Improvements to serve City Place Ph. 2 CFA No.: 2012-075 DOE No.: 6972 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 TPW Construction Cost 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 Developer's Cost $ $ $ $ $ 76,278.00 $ ilmP $ 76,278.00 $ 76,278.00 $ $ $ E. TPW Inspection Fee (4%) $ F. TPW Material Testing (2%) $ G. Street Light Inspsection Cost $ 3,051.12 H. Traffic Signal Inspection Cost $ H. Street Signs Installation Cost $ Sub -Total for TPW Construction Fees $ 3,051.12 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 IMP $ 3,051.12 $ $ $ $ $ Choice Amount (ck one) 76,278.00 76,278.00 95,347.50 id' 95,347.50 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 inquadruplicate, at Fort Worth, Texas this���..'_ ofday , 20 / Y. CITY OF FORT WORTH - Recommended by: Water Department id /A Wendy Chi-Babulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. NA • Date: ATTEST: Mary J. Kayi City Secretary ATTEST: (Print) Name: itAH, (Print) ame: never rneageod c.tcORT. 4ziok ;00000.6-,/Z OFFICIAL RECORD CITY SECRETARY FT. WORTH, TN Title: 9 Transportation & Public Works Department Douglas v . Wiersig, P.E. Director Approved by City Manager's Office Fernando Costa Assistant City Manager Throckmorton FW2, LLC, a Texas limited liability company Print Nameve.�d/11 jeUir Title: V/" Thrckmorton W3, LLC, a Texas limited liability company Print%%0/4/ Ka ge 5 Vr s 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 n Exhibit C-1: Traffic Signals ❑ Traffic Signals Estimate 0 • n n ►1 (Remainder of Page Intentionally Left Blank) This document, together with the concepts and designs presented here., as an Instrument of service, Is Intended only for the specific purpose and client for which It was prepared. Reuse of and Improper reliance on this document without written outhotimtlon and adoptatbn by KVnley-Nam and Associates, Inc shall De without IIabaity to Kinky -hem and Associates, Inc 00 z -o N O Z o- w co 4 r-0 O� C� O` m Z m O X' —1O N 0 0) O m coo z' > r� • •1 ON F1 a co o 0 0 CD S D m S 4 rna i m m m • � ➢ v m �Iip x N O > s 0 BP) 3 i B r -0 \ m > 70 0 or) SUMMIT BALLINGER COLLIEF� LAKE 0.6 fl 0 0 (31 02 0 0 o 01- rn ThIs document, together with the concepts and designs presented herein, as on Instrument of service, la Intended only for the specific purpose and agent for which It wcs prepared. Reuaa of and Improper reliance on this document without written authorization and adaptation by Kimley-Hom and Assoclotes. Inc shall be without Ilabmlty to Kimlay-Horn and Associates. Inc YHX AB 03N33H0 VHN AB WAYS(' J 0 VHN :AS 03HDIS30 r 0 50 rW feet Li L2 Nn TABLE JC'W' . LI •.oa s'an'w •ao'oo- xo tel 'on' w .w • F i 817 5 J09O'W' E - lag ore! • BLOB 17 ORIONAL T(rWN IOBT WC 2T11 err 8 aJ N TAYL0RI57REFT Oinert • rIPONI or BECINNINO g'. era eel 20100' HOUSTON STREET 3 130t0'00. E /Bao0' t :flaw THROCKMORTON STREET I _. c i_._ / • ce. ... , ._.<... _.. SAOWAa_L4nEE \ LOT 3, BLOCK 181t 256N or 111,620 CP ft.woo �n • TAYLOR STREET sc so. BLOC). N rv. 3r e mr »rl 'a8 44 PP •w.+... Fw.eo..-N w`_._s n•.1a.. •. 1rr w 1.. meg,"Ck „ten, #wa 0cvolitO1 //:Sj ANIT.sagLigto MYNWtlrwir (: M YKO•CAL an09Le NCA YYeI&eK4M1WrMVNGl1. aX Rod W4lt WwMO. .y L•V{fryNlylJw t. nine l'Arwor: et NO1E: "; m, purpose of thi. CORRECTION PLAT S to Mang. the boundary lt. dbtones alew9 the southwest line el Teylar �• street from 710.00' as Width pM (rescped on the FINAL PLAT recorded In Cabinet A side 11385 t 810 W' as Moen and deserted h.r.an. LOT 2, BLOCK MR ISM cc 9J,66C ea ft Fr, BLOT FAR 3 2 W 1TN ORIGINAL N ADDITION v.. 3e8470, Q,j�9T BLOCK. 201/1 BURNETT STREET en ajr I: II CAP YI n PLWE COX M L01 1, BLOC. 8 7 Elsa PLOP Mina ht VICINITY MAPt 2 MOO( n CA &OM NC *09' 4Q4 CORRECTION PLAT 8075 1, 2. and .3, B DCK I R FORT WORTH ORIGINAL TOWN 6 5252 ac 264280 So} ft REPLAT OF LOTS 3 AND 4, FA C)C FORT 'WORTH OZIGINA'_ TOWN ADiI!TI DN and FLOCK laR FORT WORTH ORi CNA. TOWN ADDITION Vac a e-91?` PK 97 A RCEINSON SURVEY, ABSTRACT NO A11259 M. BAUCH SURVEY , ABSTRACT NO A/106 CITY OF FORT WORTH, TARORANT COUNTY, TEXAS CASE NO Pa-06-lib OUNCif aidovtvoR int43 r. Lie .V) L, ym anew :. , u n.n l TIE PROPOSED CONDUIT INTO EXISTING GROUND BOX PROPOSED PEDESTRIAN LIGHTS g PROPOSED PEDESTRIAN LIGHTS 1 . PROPOSED TY 8 GROUND BOX PROPOSED PEDESTRIAN LIGHTS ei 1 9 DOE NO. 6972 CITY PROJECT NO. 02016 FILE NO. K-2247 LOTS 1, 2, AND 3, BLOCK 18R, FORT WORTH ORIGINAL TOWN EXHIBIT C — STREET LIGHTS STREET LIGHT IMPROVEMENTS TO SERVE CITY PLACE PHASE II ir C ? C W. WEATHERFORD ST. 200 DU< • 0.45 W. 2ND ST. 200 BLK * • ( PROPOSED PEDESTRIAN LIGHT 9 11 PROPOSED TY 8 STREET LIGHT PROPOSED _ PEDESTRIAN LIGHT W. 3RD ST. 200 BUt LEGEND EXISTING CONDUIT RUN PROPOSED CONDUIT RUN EXISTING PEDESTRIAN LIGHT PROPOSED PEDESTRIAN LIGHT PROPOSED STREET LIGHT PROPOSED GROUND BOX, TYPE B PROPOSED CONTACTOR GRAPHIC SCALE IN FEET 0 75 150 300 EKimley-Horn mirand Associates, Inc. 801 CHERRY STREET, UNIT 11, SUITE 950, FT. WORTH, TX 76102 PHONE: 817-335-6511 FAX: 817-335-5070 WWW.KIMLEY-HORN.COM KHA PROJECT 061277700 DATE 11/6/2012 SCALE AS SHOWN DESIGNED BY: KHA DRAWN BY: KHA CHECKED BY: KHA IItem Spec. No. Item Name of Pay Item with Unit Price in Words Street Light Improvements to Serve City Place Phase II 1 2605.3001 1 1/4" CONDT PVC SCH 80 (T) dollars and 2 2605.3002 1 1/4" CONDT PVC SCH 80 (B) !dollars and 3 3441.1408 NO 6 Insulated Elec Condr 4 3441.1414 5 3441.1501 6 3441,3002 7 3441.3021 8 3441.3103 9 3441.3301 10 3441.3312 dollars and NO8 Bare ElecCondr cents per unit cents per unit 00 42 43 Proposal Form Unit Price Approx. Quantity 15 LF 1,250 LF 3,360 LF Unit Bid Price Total Amount $ 6.00 $ 90.00 $ 6.00 $ 7,500.00 cents per unit $ 1.25 $ 4,200.00 dollars and cents per unit Ground Box, Small, w/ Lid dollars and cents per unit Rdwy Ilium Assmbly TY 8,11,D-25, and D-30 dollars and Ornamental Assmbly, Simple dollars and 100W MH PC Lighting Fixture dollars and Rdwy Ilium Foundation TY 1,2, and 4 dollars and Contact Enclosure, Pad Mount dollars and 11 9999.0000 Custom Light Pole Foundation !dollars and BID SUMMARY 1,120 LF $ 1.15 $ 1,288.00 1 EA $ 550.00 $ 550.00 1 EA cents per unit $ 2,000.00 $ 2,000.00 18 EA cents per unit $ 2,250.00 $ 40,500.00 19 EA cents per unit $ 350.00 $ 6,650.00 1 EA cents per unit $ 1,500.00 $ 1,500.00 1 EA cents per unit $ 3,000.00 $ 3,000.00 18 EA cents per unit $ 500.00 $ 9,000.00 GRAND TOTAL AMOUNT BID $76,278.00 Bid Proposal Page 1 of 1