HomeMy WebLinkAboutContract 43770 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT §
Contract No. ij j1� v
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: Event Facilities Fort Worth, Inc.
Address, State, Zip Code: 505 Main Street, Suite 240, MS-21 I Fort Worth, TX 76102
Phone, E-Mail: (817) 717-4260 1 mgroomer@effw.org
Authorized Signatory/Title: Mike Groomer, President
Project Name: South West Lot — Linden Ave. .
Project Location: MbQ
0E1 wen Ave_
Plat Case No.: FP-012-028 Plat Name: Will Rogers Memorial Center
Mapsco: 76E
Council District: 7 City Project No: 01973
CFA: 2012-048 DOE: 6894
To be completed sta
Received by:
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Date: 0/ 11 i �
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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) Paving (B) X , Storm Drain (B-1) X , 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 perfou lane
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
iniuries, 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: South West Lot - Linden Ave.
CFA No.: 2012-048 DOE No.: 6894
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 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 Inspsection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
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%
I Letter of Credit = 125% w/2yr expiration period
69,215.52
16,027.24
16,160.00
101,402.76
101,402.76
3,409.71
1,704.86
646.40
5,760.97
5,760.97
Amount
101,402.76
101,402.76
126,753.45
126,753.45
Choice
(ck one)
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 uadruplicate, at Fort Worth, Texas this 111 day of heir-
20 j.r& (".
CITY OF FORT WORTH - Recommended by:
Water Department
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. N/A,
Date:
ATTEST:
)\(1 hibibt
Mary�J. Kayser v v
City Secretary
ATTEST:
Signature
Print Name: Sharon McClung
Transportation & Public Works Department
Li, 0
DouglasWiersig, P.E.
Director
Approved by City Manager's Office
�Cucsww6 �ir:
Fernando Costa
Assistant City Manager
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Event Facilities Fort
tor
orth, Inc.
Signature
Print Name: Mike Groomer
Title: President
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
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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)
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550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 • Fax 817.335.7437
(TX REG. F-1114]
AMERICAN TOWER
DOCUMENT NUMBER
D210199838
D.R.T.C.T.
LOT '2, BLOCK 1
RITA GUNN SUBDIVISION
DOCUMENT NUMBER
D210165230
P.R.T.C.T.
EVENT FACILITIES
DOCUMENT NUMBER
204069460
D.R.T.C.T.
EXHIBIT'B'
PAVING EXHIBIT
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1 OF 2
LEGEND
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4" SIDEWALK
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Tel: 817_335.1121 - Fax 817 R35.7437
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AMERICAN TOWER
DOCUMENT NUMBER
D210199838
D.R.T.C.T.
LOT 2, BLOCK 1
RITA GUNN SUBDIVISION
DOCUMENT NUMBER
D210165230
P.R.T.C.T.
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PRIVATE STORM —
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6 LF OF 36" RCP
PRIVATE STORM SYSTEM
30" RCP
EVENT FACILITIES
DOCUMENT NUMBER
204069460
D.R.T.C.T.
EXHIBIT 1131'
STORM DRAIN EXHIBIT
SOUTHWEST LOT
1 OF 2
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STORM DRAIN PIPE
STORM DRAIN PIPE BY OTHERS
EXISTING STORM DRAIN PIPE
EXISTING CURB INLET
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DUNAWAY# 2010066.005
Az%r DUN
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817:W.1121 • Fa)c 817.335.7437
(TX REG F-1114]
AMERICAN TOWER
DOCUMENT NUMBER
D210199838
D.R. T.C.T.
LOT 2, BLOCK 1
• RITA GUNN SUBDIVISION
DOCUMENT NUMBER
D210165230
P.R.T.C.T.
STREET LIGHTS (TYP.)
EVENT FACILITIES
DOCUMENT NUMBER
2040694-60
D.R.T.C.T.
EXHIBIT 'C'
STREET LIGHTS EXHIBIT
SOUTHWEST LOT
LEGEND
* PROPOSED STREETLIGHT
ENGINEER'S OPINION OF CONCEPTUAL CONSTRUCTION COST
LINDEN AVENUE
ITEM 1 DESCRIPTION I QTY/UNIT I UNIT I PRICE I AMOUNT
PAVING
1
2
3
4
5
6
7
8
9
10
11
12
13
14
STREETLIGHTS
1
2
3
4
5
STORM
1
2
3
4
5
6
7
8
9
Concrete Pavement 6-Inch
S ubarade 6-Inch Lime Stabilized
S ubarade - Lime Stabilized 35 #/SY
7-Inch Integral Curb
4" Concrete Sidewalk
6" Driveway
Double Yellow Stripe
White Lane Markers
Turn Lane Markers
Demolition of Existing Pavement
Demolition of Existing Fence
Grass Sod
Topsoil
Traffic Control
Light - Ornamental Pole & Fixture - Item
Purchased by Contractor
2-inch Conduit
#4 Wire
#10 Wire
Light Pole Foundation
Remove Existing Headwall
4' Manhole
36" RCP
Trench Safety
Rock Check Dam
Straw Waddle
Silt Fence
8' Overflow Structure
Inlet Protection
1,114
1,169
20 5
445
3,638
995
239
61
60
1
84
8851
12
1
6
430
1,000
500
6
2
1
6
6
20
586
332
200
1
SY
SY
TON
LF
S F
S F
LF
LF
LF
LS
LF
S F
CY
LS
EA
LF
LF
LF
EA
EA
EA
LF
LF
LF
LF
LF
LF
EA
24.00 $
3.45 $
4.00 $
1.56 $
4.00 $
5.00 $
1.00 $
0.50 $
$ 1.00 $
$ 7,500.00 $
$ 11.00 $
$ 0.27 $
$ 500.00 $
$ 1.000.00 $
TOTAL $
$ 1,575.00
$ 4.50
$ 2.00
$ 0.75
$ 400.00
TOTAL
$ 1,500.00
$ 2,700.00
$ 85.00
1.00
100.00
2.00
1.32
31.00
1.00
TOTAL
26.736.00
4.033.05
82 00
694 20
14,552.00
4.975.00
239.00
30.50
60.00
7,500.00
924.00
2,389.77
6,000.00
1.000.00
69,215.52
9,450.00
1,935.00
2 000.00
375.00
2,400.00
16,160.00
3,000.00
2,700.00
510.00
6.00
2,000.00
1,172.00
438.24
6,200 00
1.00
16,027.24
SUBTOTAL $ 101,402.76