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COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
City Secretary
Contract No. _ IN � l
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project") within the City
of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the Improvements.
•
Developer and Project Information:
Developer Company Name: M & C Development, Ltd.
Address, State, Zip Code: 3825 Camp Bowie Blvd. I Fort Worth, TX 76107
Phone, E-Mail: (817)665-2321, randy.lockhart@att.net
Authorized Signatory/Title: John Cockerham, President, Harrison Realty Investments, LLC
Project Name and Brief Description: Off -Site Sidewalk Improvements to serve Marine Creek Ranch,
Section 7
Project Location: North of Crystal Lake Dr. & East of Center Hill Rd.
Plat Case No.: FP-013-032 Plat Name: Marine Creek Ranch, Section 7
Council District: 7 City Project No: 02166 CFA: 2015-002 DOE: 7101
To be completed,� st,
Received by: �Z� �j /6freaii. Date:
1
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OFFICIAL RECORD
>07'X SECRETARY
1
NOW, THEREFORE, 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, as amended, is hereby
incorporated into this Agreement 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
Improvements. 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.ewer (A 1)
ivi g ($) =X Starni Drain (Bar ; Street Lights
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II, paragraph 7 of the Policy and the contracts shall be
administered in conformance with paragraph 8, Section II, of the Policy.
F. For all Improvements 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 Improvements, and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the Improvements 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 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.
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.
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.
i. 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.
ii. The ;Cray_'
utrize the Developer';s .; firiaticiat
eemez)t to cause=the ceriipletron of the 4$tructida;
1piovernentshave°not been completed. and _aceepte4
iv. The City may atrlize the Developer, s firiattaial guararitE
e construction of
grantee subrnitted ::for this
p ovements.
e=conipletion-of
iprovernents ; or to _cause- the_ paymenf of Costs _fgr
cons e be£are August =1s
xoement;'-. becomes rnsnlvent=_or fails to pay eosta. of construction -:and_
financial guarantee 'is not a, Co ripletton:A,greeir ent. 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: Marine Creek Ranch, Section?
CFA No.: 2015-002
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 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%
Letter of Credit = 125% w/2yr expiration period
DOE No.: 7101
Developer's Cost
22,963.68
22,963.68
22,963.68
918.55
459.27
1,377.82
1,377.82
Choice
Amount (ck one)
22,963.68
22,963.68
28,704.60 X
28,704.60
III 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 at Fort Worth, Texas this day of
quadruplicate,
.20
CITY OF FORT WORTH o 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. Or
Date:
ATTEST:
/
Mary J. Ka
City Secretary
ATTEST:
Sign re
(Piint) Name: Randy Lockhart
Title: Development Manager
8
Transportation & Public Works Department
Douglas
Director
L 0
Wiersig, P.E.
Approved by City Manager's Office
33m41/21.4
Fernando Costa
Assistant City Manager
foFFIUAL RECORD)
ij is�0 i�'1T SECRETARY
FT. WORTH, TX
DEVELOPER:
M & C Development, Ltd.
A Texas Limited Partnership
By: Harrison Realty Investments, LLC
A Texas limited liability company
Its: General Partner
CenslabisCiad,lens
Signature
(Print) Name: John Cockerham
Title: President
rh1FFICIAL RECORD
ITY 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 Dram Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Estimate
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(Remainder of Page Intentionally Left Blank)
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OPRTCT
19.60.7 ACRES
M & C DEVELOPMENT, LTD
CC/ D214158873
A°RTOT
4' SIDEWALK
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DATE:
PROJECT #:
DRAWN BY:
CHECKED BY:
SHEET NO:
47
1
01.08.15
2652-01-01
A. MCGINLEY
A. CASCO
1 OF 1
CAL ED 22903 ACRES
CITY OF FORT WORTH
CC2 D208054614
CPRTCT
Mm
\ an, OF FORT ACRES
W RTRTH
CC' OPRT
HAYCO REALTY, LTD
VOL 141112 PG 644
MOT
FUTURE PHASE
LEGEND
t,
f
200 0 100 200 400
I 1 1 1 I
0
1. inch = 200 ft.
4" REINFORCED CONCRETE
SIDEWALK
MARINE CREEK
RANCH
SIDEWALK
EXHIBIT
SHEET 1 OF 1
m
m
a
mycoskie+mcinnis+associates
civil engineering surveying landscape architecture planning
tbpe registration number. f — 2759
200 east abram
arlington, texas 76010
817-469-1671
fax: 817-274-8757
www.mmatexas.com
•
MYCOSKIE MCINNIS ASSOCIATES, INC.
200 EAST ABRAM STREET
ARLINGTON, TEXAS 76010
CLIENT: M & C Development, Ltd. PROJECT #
PROJECT: Marine Creek Ranch Crystal Lake Sidewalk BY:
CITY: Fort Worth ACREAGE:
DATE* January 9, 2015 LOTS:
ITEM DESCRIPTION
2652-01-01
A.C.
COST PROJECTION
QUANTITY UNIT UNIT COST AMOUNT
A. Crystal Lake Sidewalk
4" REINFORCED CONCRETE SIDEWALK
Total Improvement Cost
Required Financial Guarantee
Cash Escrow ( 125% of Total Improvement Cost)
NOTES
5172 SF $ 4.44 $ 22,963.68
$ 22,963.68
$ 28,704.60
1 This cost projection is based on approved construction plans for Marine Creek Ranch Section 7 prepared by
Mycoskie McInnis Associates,Inc. (MMA) dated September 12, 2013.
Cost Projection for SW --Phase 1
1 of 1 1/9/2015