HomeMy WebLinkAboutContract 47260 (2)Developer and Project Information Cover Sheet:
Developer Company Name: 640 Taylor LP
Address, State, Zip Code: 777 Taylor Street Ste P1, Fort Worth, TX , 76102
Phone & Email: 817-335-1179
Authorized Signatory, Title: Greg Bird, President of General Partner
Project Name and Brief 640 Taylor Street
Description:
Project Location: 640 Taylor Street, Fort Worth, TX 76102
Plat Case Number: FS-15-030 Plat Name: Original Town Fort Worth
Mapsco: 76D Council District: 9 City Project Number: 02672
CFA Number: 2015-093 DOE Number: 7530
To be completed by staff:
Received by:
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 1 of 11
Date:
it alSe
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
City Secretary
Contract No. ij '724' o
WHEREAS, 640 Taylor LP, ("Developer"), desires to make certain specific
improvements as described below and on the exhibits attached hereto ("Improvements") related
to a project generally described as 640 Taylor Street ("Project") within the City or the
extraterritorial jurisdiction of Fort Worth, Texas ("City"); and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project; and
WHEREAS, any future City participation in this CFA is subject to the availability of
City funds and approval by the Fort Worth City Council and shall be memorialized as an
amendment to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the
Proj ect.
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 acceptance process requires the
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 2 of 11
evelaper'�contraeto(s)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
to submit a signed affidavit of bills paid and consent of Surety signed by its surety to
ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in full by
Developer 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 describe the Improvements and are incorporated herein•
Water (A) IXI, Sewer (A-1) , Paving (B) , Storm Drain (B-1) X, Street Lights &
x
Signs (C)
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. Developer shall
ensure its contractor(s) pays the then -current City -established wage rates.
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 prequalified insured, licensed
and bonded to do work in public ways and/or prequalified to perform
water/wastewater 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 from the date of final acceptance insuring the
maintenance and repair of the constructed infrastructure during the term of the
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07 30 2015
Page 3 of 11
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 Certificate of Insurance (ACORD or other state -
approved form) supplied by the contractor's insurance provider and bound in the
construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection
personnel will be available; to require the contractor to allow the construction to
be subject to inspection at any and all times by City inspection forces, to not
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 in order 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, if any, until said sewer and water mains and
service fines have been completed to the satisfaction of the Water Department.
G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering
drawings and documents necessary to construct the improvements under 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.
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 4 of 11
I. City shall not be responsible for payment of 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,
its 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, its 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
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07 30 2015
Page 5 of 11
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 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 stouu 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. Developer shall complete the Improvements within two (2) years, provided,
however, if construction of the Improvements has started within the two year
period, the developer may request that the CFA be extended for one additional
year.
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 Improvements if at
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 6 of 11
the end of two (2) years from the date of this Agreement (and any extension
period) the Improvements 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 Improvements 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)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07 30 2015
Page 7 of 11
Project Name: 640 Taylor
Cost Summary Sheet
CFA No.: 2015-093 DOE No.: 7530
An hngineer'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 $ 136,000.00
2. Sewer Construction $ 83,268 00
Water and Sewer Construction Total $ 219,268.00
B. TPW Construction
1. Street $ 132,833.00
2 Storm Drain $ 50,085.00
3. Street Lights Installed by Developer $ 25,000.00
4. Signals $ 95,000.00
TPW Construction Cost Total $ 302,918.00
Total Construction Cost (excluding the fees):
$ 522,186.00
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $ 4,385.36
D. Water/Sewer Material Testing Fee (2%) $ 4,385.36
Sub -Total for Water Construction Fees $ 8,770.72
E. TPW Inspection Fee (4%) $ 7,316.72
F. TPW Material Testing (2%) $ 3,658.36
G. Street Light Inspsection Cost $ 1,000.00
H. Signals Inspection Cost $ 3,800.00
H. Street Signs Installation Cost $ -
Sub -Total for TPW Construction Fees $ 15,775.08
Total Construction Fees: $ 24,545.80
Choice
Financial Guarantee Options, choose one Amount (Mark one)
Bond = 100% $ 522,186.00
'Completion Agreement = 100% / Holds Plat $ 522,186.00
'Cash Escrow Water/Sanitary Sewer= 125% $ 274,085.00
'Cash Escrow Paving/Storm Drain = 125% $ 378,647.50
'Letter of Credit = 125% w/2yr expiration period $ 652,732.50
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 8 of 11
ACCORDINGLY, the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as
of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH
Jesus J. Chapa
Assistant City Manager
Date: � /- ? 15-
Recommended by:
Wendy Chi-Ba ulal, EMBA, P.E.
Development Engineering Manager
Water Department
Er,Dou
Dire
Tra
•
p
.
g, P.E.
ion & Public Works Department
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. Aire
Date:
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 9 of 11
DEVELOPER
640 Taylor LP
By: Anthracite Investment Company, Inc.
its General Partner
Name: GreBird
Title: President
Date: /(/4t/15
ATTEST: (Only if required by Developer)
Signature
Name:
irt
FFICEJP\Th RECORD
CITY SECRETARY
r
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
M Attachment 1 - Changes to Standard Community Facilities Agreement
(XI Location Map
Exhibit A: Water Improvments
Water Cost Estimate
Exhibit A-1: Sewer Improvements
Sewer Cost Estimate
Exhibit B: Paving Improvements
Paving Cost Estimate
Exhibit B-1: Storm Drain Improvements
Storm Drain Cost Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 10 of 11
ATTACH1VIENT "1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 02672
None
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 11 of 11
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WATER, SEWER, PAVING, DRAINAGE, SIGNAL & STREET LIGHT IMPROVEMENTS TO SERVE 640 TAYLOR STREET CITY PROJECT NO. 02672, DOE 7530
CFA QUANTITY MATRIX
ITEM NO.
WATER
BID ITEM
1 02.41.1012 Remove 6" Water Line
2 0241.1118 4"-12" Pressure Plug
3 0241.1302 Remove 6" Water Valve
4 0241.1510 Salvage Fire Hydrant
5 0241.1512 Salvage 1" Water Meter
6 0241.1514 Salvage 2" Water Meter
7 3305.0004 10" Waterline Lowering
8 3305.0005 12" Waterline Lowering
9 3305,0103 Exploratory Excavation of Existing Utilities
10 3305.0104 Ground Water Control
11 3305,0109 Trench Safety
12 3311.0001 Ductile Iron Water Fittings with Restraint
13 3311.0161 6" Water Pipe
14 3311.0241 8" Water Pipe
15 3311,0341 10" Water Pipe
16 3312.0001 Fire Hydrant
17 3312.28022 4" Water Meter and Vault
18 3312 3002 6" Gate Valve
19 3312.3003 8" Gate Valve
20 3312.3004 10" Gate Valve
21 3312.4117 18"x8"Tapping Sleeve and Valve
22 3312.4118 18"x10" Tapping Sleeve and Valve
23 3471.0001 Traffic Control
24 9999.0001 Remove Water Service
SEWER 1 1
1 0241 2001 Sanitary Line Grouting
2 0241.2012 Remove 6" Sewer Line
3 0241.2012 6" Sewer Abandonment Plug
4 0241,5001 Abandon Manhole
5 3301.0101 Manhole Vacuum Testing
6 3305.0104 Ground Water Control
7 3305.0109 Trench Safety
R 3305,0113 Trench Water Stops
10 3339.0003 Wastewater Access Chamber
11 3331.3201 6" Sewer Service
12 33313301 8" Sewer Service
13 3339.1005 4' Drop Manhole
14 3339.1003 4' Extra Depth Manhole
15 3303.0001 Bypass Pumping
16 3471.0001 Traffic Control
17 9999.0006 3,500 Gallon Grease Trap - Park Model GT-3500
IA 9999.0007 Grease Trap Sample Well - Park
SHEET NO. ITEM TOTAL UNIT PRICE ITEM TOTAL COST
UNIT C-008 C-009 ' C-012 C-016 C-017 ' C-021 C-024 C-029 C-031 C-036 C-037' L-001
L.F. 127 127
EA 4 4
EA 2 2
EA 1 1
EA 2 2
EA 1 1
EA 11 1
EA 1 1
EA 2 2
LS 1 1
LF 242 242
TON 1.6 1.6
LF 86 86
LF 41 41
LF 115 115
EA 1 1
EA 1 1
EA 2 2
EA 1 1
EA 3 3
EA 1 1
EA 1 1
MO 1 1
EA 3 3
1M1ATER TOTAL $136,000.00
Cr 1 1
LF 360 360
EA 3 3
EA 1 1
EA 1 1 2
LS 0.5 0.5 1
LF 51 28 79
EA 1 1 2
EA 1 1
EA 1 1
EA 1 1
EA 1 1 2
VF 11 11 22
LS 0.5 0.5 1.1
MO 1 1{
EA 1 1
EA 1 1
SEWER TOTAL $83,268.00
WATER, SEWER, PAVING, DRAINAGE, SIGNAL & STREET LIGHT IMPROVEMENTS TO SERVE 640 TAYLOR STREET CITY PROJECT NO. 02672, DOE 7530
CFA QUANTITY MATRIX
ITEM NO.
DRAINAGE
BID ITEM
1 0241.3013 Remove 18" Storm Line
2 0241.40(11 Remove 10' Curb Inlet
3 3305.0104 Ground Water Control
4 3305.0109 Trench Safety
5 3341 0103 18" RCP, Class III
6 3349.8001 10' Type 2 Inlet
7 3471.0001 Traffic Control
8 9999.0012 SWPPP
PAVING
1 0241.0100 Remove Sidewalk
0241.0300 Remove ADA Ramp
3 0241,0401 Remove Concrete Drive
4 0241.1100 Remove Asphalt Pavement
5 0246000 Remove Concrete Curb and Gutter
6 3110.0102 6"-I2" Tree Removal
7 3201.01222 5' Wide Asphalt Pavement Repair, Arterial
8 3201.0202 Asphalt Pavement Repair Beyond Defined Width, Art
9 3211.0501 6" Lime Treatment
10 3213.0502 Barrier Free Ramp, Type U-1
11 3213,0102 7" Concrete Pavement
12 3214.0100 Brick Pavement I
13 3216.0101 6" Concrete Curb and Gutter
14 3217.0501 24" SLD Pavement Marking HAE(W)
15 3217.1002 Lane Legend Arrow
16 3217.1004 Lane Legend Only
17 3217.1006 Lane Legend Bike
I8 3217.4301 Remove 4" Pavement Marking
19 3217.4302 Remove 6" Pavement Marking
20 3217.4406 Reprove Lane Legend Bike
21 3293,0106 Plant 6" Tree
3471.0001 Traffic Control
23 9999.0008 Furnish/Install Righ Turn Only Sign (R3-7R) & Pole
24 9999.0009 Furnish/Install COFW Pay to Park Sign & Pole
25 9999.0010 Fumish/Install COFW Electronic Parking Meter
26 9999,0011 Furnish/Install One Way Traffic Sip (R6-2) & Pole
27 9999.0012 Funnsh/htstall Telco Vault
28 9999.0013 Furnish/Install A/V Vault
STREET LIGHTING IMPROVEMENTS
1 2605.0101 Electrical Facilities 1
2 2605.21(11 Conduit Box
3 3441.3502 Relocate Street Light Pole
4 3471.0001 Traffic Control I
SF EET NO. ITEM TOTAL UNIT PRICE ITEM TOTAL COST
UNIT C-008 C-009 C-012 C-016 C-017 C-021 C-024 C-029 C-031 C-036 C-037 L-001
LF
EA
LS
LF
LF
EA
MO
LS
SF
EA
SF
SY
LF
EA
LF
SY
SY
EA
SY
SY
LF
LF
EA
EA
EA
LF
LF
EA
EA
MO
EA
EA
EA
EA
EA
EA
LS
EA
EA
MO
38
2
38
2
1 1
145 145
145 145
2 2
1 1
1 1
DRAI IAGE TOTAL
7940 7940
3 3
880 880
680 680
680 680
6 6
210 210
20 20
350 350
3 3
350 350
850 850
635 635
472 472
7 7
1 1
1 1
400 400
120 120
1 1
10 10
3 3
2 2
5 5
2 2
1 1
1 1
1 1
PAVING TOTAL
0,5 0.5 1
1] 1
1 1
1
$50,085.00
$132,833.00
STREET LIGHTING TOTAL $25,000.00
WATER, SEWER, PAVING, DRAINAGE, SIGNAL & STREET LIGHT IMPROVEMENTS TO SERVE 640 TAYLOR STREET CITY PROJECT NO. 02672, DOE 7530
CFA QUANTITY MATRIX
ITEM NO. BID ITEM
TRAFFIC SIGNAL IMPROVEMENTS
1 2605.3015 2" CONDT PVC SCH 80 (T) LF
^_ 2605.3016 2" CONDT PVC SCH 80 (B) LF
3 2605.3021 3" CONDT PVC SCH 40 (T) LF
4 2605.3022 3" CONDT PVC SCH 40 (B) LF
5 3441.10(14 3-Sect Signal Head Assembly EA
6 3441.1011 Ped Signal Head Assembly EA
7 3441.1225 Install Preemption Cable LF
8 3441.1310 4/C 14 AWG Multi -Conductor Cable LF
9 3441.1312 7/C 14 AWG Multi -Conductor Cable LF
10 3441.1313 8/C 14 AWG Multi -Conductor Cable LF
11 3441.1315 20/C 14 AWG Multi -Conductor Cable LF
12 3441.1320 6/C 14 AWG Multi -Conductor Cable LF
13 3441.1408 NO 6 Insulated Elec Coudr LF
14 3441.1409 NO 8 insulated Elec Condr LF
15 3441.1413 NO 6 Bare Elec Condr SLD LF
16 3441.1414 NO 8 Bare Elec Condr LF
17 3441.1502 Ground Box Type B. w/Apron EA
18 3441.1503 Ground Box Type D, w/Apron EA
19 3441.1611 Furnish/Install Type 41 Signal Pole EA
20 3441.1623 Furnish/Install Mast Arm 16'-36' EA
21 3441.1703 TY 3 Signal Foundation EA
22 3441.2001 Salvage Traffic Signal EA
23 3441.3301 Rdwy Ilium Fonmdanon, TY 1, 2 & 4 EA
24 3441.4001 Furnish/Install Alum Sign Mast Arm Mount EA
25 3471.0001 Traffic Control MO
9999.002 Furnish/Install ATAC 357i Controller/Cabinet, Pole Mounted
LS
26
27 9999.0003 Furnish 2070 ATC Signal Controller LS
28 9999.0004 12 pair/19 AWG (interconnected) Cable LF
9999.0(105 Furnish/Install LED Luminaire ATB2-60BLED-TYP2-137W-NW or
29 Equal LS
SF EET NO. ITEM TOTAL UNIT PRICE ITEM TOTAL COST
UNIT C-008 C-009 C-012 C-016 C-017 C-021 C-024 C-029 C-031 C-036 C-037 L-001
1360 1360
70 70
40 40
230 230
7 7
2 2
260 260
78 78
75 75
180 180
1280 1280
204 204
2480 2480
1665 1665
1240 1240
1935 1935
7 7
5 5
1 1
1 1
1 1
1 1
1 1
1 1
2 2
1 1
1 1
540 540
1
1
TRAFFIC TOTAL
PROJECT TOTAL
$95,000.00
$522,186.00