The URL can be used to link to this page

Home My WebLink AboutContract 45102 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT § City Secretary Contract No. 14 \Oa. 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: Elan West 7th, L.P. Address, State, Zip Code: 600 E. Las Colinas Blvd., Suite 2100 I Irving, TX 75039 Phone, E-Mail: (469) 417-6507, lsparks@greystar.com Authorized Signatory/Title: Laird Sparks, Vice President Project Name and Brief Description: Water and Sewer Improvements to serve Carroll Street Apartments Project Location: West of Carroll Street, North of Merrimac Plat Case No.: FP-013-029 Plat Name: Linwood Addition Council District: 9 To be completed by sta Received by: RECEIVED NOV 12 2(113 City Project No: 02168 CFA: 2013-064 DOE: 7135 ,t -at- Date: 1 t 0\ LS\ OFflcIAL IECORD CITY SECRETARY FCWORTh,TX 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 (A) X, Sewer (A-1) X_, Paving (B) N/A , Storm Drain (B-1) N/A , Street Lights & Signs (C)N/A. 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 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 iniaries, 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. P. COMPLETION WITHIN 2 YEARS i If applicable, the City's obligation to participate (exclusive of front foot charges) in the cost of the Improvements shall terminate if the Improvements are not completed 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 year. If the Improvements 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 Improvements if at the end of two (2) years from the date of this Agreement 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) Cost Summary Sheet project Name: Carroll Street Apartments Water & Sewer CFA No.: 2013-064 DOE No.: 7135 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total $ 534,445.00 206,160.00 328,285.00 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: 1M II 4.0 $ 534,445.00 10,688.90 10,688.90 21,377.80 MMI • $ 21,377.80 Choice Financial Guarantee Options, choose one Amount (ck one) Bond = 100% $ 534,445.00 Completion Agreement = 100% / Holds Plat $ 534,445.00 Cash Escrow Water/Sanitary Sewer= 125% $ 668,056.25 Cash Escrow Paving/Storm Drain = 125% $ Letter of Credit = 125% w/2yr expiration period $ 668,056.25 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 executp5l this instrument in quadruplicate, at Fort Worth, Texas this day of , 20 CITY OF FORT WORTH - Recommended by: Water Department Wendy Ch Babulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. Date: ATTEST: Mary J. K City Secret. .•y ATTEST: Signature (Print) Name: Title: Transportation & Public Works Department /VA Douglas W. Wiersig, P.E. Director Approved by City Manager's Office Fernando Costa Assistant City Manager DEVELOPER: ELAN WEST 7th, L.P., a Delaware limited partnership By: Elan West 7th General Partner GP, L.L.C., a Delaware limited liability company 8 Signature (Print) Name: Laird Sparks Title: Vice President OFFICIAL RECORD @11i tf SECRETARY 6sTf NORM rn Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment rs n n n 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 j (Remainder of Page Intentionally Left Blank) 9 FIIe: I<. \O AL_Civil \G7771612—CorroU St. Site \Dwg\Exhibits\CFA Exhibits\LocatlonNtap.dwg [COVER] 8/t8/2013 4. 22pm Xre(s: X8511.dwg Images: CA r m 0 0 m NOl'dOW -113N NC 01 BARDEN L NIVER3IT 2J 0 TEMPLETJON m WIMBERLY� F DCI-1 X > o CARROLL SDO2O C1) --i m HARROLD° 0 --I 7 D z G C!) GRAPHIC SCALE IN FEET 0 75 150 300 2 GATE VALVES ME RRImike TTEET GATE VALVE 2 GATE VALVES q REMOVE EXISTING WATER ` i< METERS ALONG AZALEA SOR .9 GATE VALVE — AVENUE (TYP) FIRE I, Ck? ksh/GF \ Fx a• 557. FH k18a4 e 8'X15' WATER . .",-EASEMENT< �� EX a' !iR - FFty � . i ' 704,0ty/� ThIS SECTION OF WATEFj /y '1c PROPOSED 8'. r, �e WATER'. i /Y� GATE VALVE ^\-.. �\ � ram. N 50'X15' WATER ''/�//� I� .. EASEMENT,;` REMOVE SD1 LF OF EXISTING / 6"WATER UNE AND ALL DOMESTIC SERVICES AND ' METERS BEING SERVED BY' REMOVE EXISTING WATER METERS ALONG FOCH STREET-::z -'—. PROPOSED 8" PROPERTY LINE WATER CONNECT TO EXISTING 8" WATER PROPOSED WATER COMMUNITY FACILITIES AGREEMENT FOR WATER IMPROVEMENTS TO SERVE CARROLL STREET APARTMENTS PROPERTY LINE V.` PROPERTY LINE IX, 1 EX 6"wrR 'MERCEDESAVENUE 1 u0'AQN1 2 GATE VALVES 2 GATE VALVES 2 GATE VALVES GATE VALVE EX. Ai x W0 CC F w K CC Q G V REMOVE EXISI INt. CONNECT TO WATER METERS EXISTING 6' WATER / REMOVE EXISTING • �� WATER METERS / I ' / \ / t / t EX. 8" WTR K-1894 MERRIMAC STREET (50 aQ W ) EXHIBIT A Kmley-Hom COME I and Associates, Inc. - J. 0 GRAPHIC SCALE IN FEET 0 75 150 300 CONNECT TO EXISTING MH PROPOSED 1T'SS PROPOSED 55 SERVICE \ �� CONNECTIONS SS LINE TO BE REMOVE 244 LF OF EXISTING SANITARY 41-4,qL SEWER LINE ekeFNGF REMOVE 2196 LF' OF EXISTING 8' 'SANITARY SEWER - REMOVE 3342 LF OF / EXISTING SANITARY --floc SEWER z are! PROPERTY LINE PROPOSED 12" SS • PROPOSED — - 12"SS �Ir I c PROPOSED / SS SERVICE CONNECTIONS MH 773 LF OF EX.A//• %//% d-/// •/•//% •//•.4/- K-1894 EX. 8' SS --- PROPOSED SANITARY SEWER COMMUNITY FACILITIES AGREEMENT FOR RAW WATER LINE IMPROVEMENTS TO SERVE CARROLL STREET APARTMENTS 1f yu tk • • PROPOSED — 12"SS H — PROPOSED 10" PRIVATE 55 LINE TO FIE INTO EXISTING 8' LINE EXISTING 6' PUBLIC LINE HEADING EAST TO BECOME PRIVATE r R.O!W. ENCROACHMENT I /-- PROPERTY LINE — EX 8" SS C ` 2 K-1894 PROPERTY LINE REMOVE x143 LF OF EXISTING SANITARY SEWER 11) MERCEDES AVENUE tt DH1 %- 203 LF OF EX SS LINE TO BE ABANDONED MH CUT AND PLUG EXISTING 8" LINE — CUT AND PLUG EXISTING LINE CONSTRUCT MH MERRIMAC STREET tw• a o W EX.B"SS EX 8' SS -� EXHIBIT A-1 C.. A Kmley-Han It and Associates, Inc. • _m • 0 Stec. Number Stec Carroll Street Apartments UNIT I WATER 1 I 33 11 12 3311 0261 9" Water PVC Name of Pay item mnn ^4 Price In Words Forty Cr 1 C0 cents cer unit CO CO 00 9999_CCO1 6" Fire Senate raps 3 00 00 CO 9999 CC05 4 00 CO 00 9999 0007 5 33 12 10 3312.2103 6 00 00 CO 9999.0004 7 8 9 10 11 33 12 10 3312 2CO3 33 12 25 3312.4005 33 12 25 3312 4004 33 12 25 3312 4003 33 12 20 3312.3003 Sehenteen hundred 2,100 cents cer unit 4" Domestic Service E ohteen hundred 3" Domestic Senate E oh!een hundred 1 5" Domestic Service 'Nineteen hundred and fifty 1 5" Irrigation Service Fifteen hundred and fifty 1" Domestic Senlce Nine hundred and ninety 8" x 8" Tapping Sleete and Vats Forty fife hundred 8" x 6" Tapping Sleets and Vats Four thousand 8" x 4" Tapping Sleets and Vale Four thousand 8" Gate Vats Th'rteen hundred 12 33 12 20 3312 3CO2 6" Gate Valte 13 33 12 40 3312 CC01 :! 1C0 cents cer unit 2100cents eerund /'CO cents per unit C/ 100 cents cer unit C/100 cents per unit 1/100 cents per unit 0/100 cents per unit Cl1CO cents per unit C/1CO cents per unit N re Hundred SC/ 1 C0 c?nts cer unit Ere. Hydrant fY."y `.v h .rdred Cl1 CO oar's cer unit corex i Quantity 5 Unit LF EA 1 EA 1 EA 3 EA 3 EA 1 EA 1 6 1 EA EA SY EA 3 EA 3 EA L"16:d Pr 79 29 CO 1 %CO CO 3 1 PCO 00 3 1 00 00 $ 1 950 00 S 1 550 00 $ 990 00 $ 4 500 00 $ 4 000 CO 3 4 CCO CO 5 1 3C0 CO 3 4OCO 3 3:CO CO rat al Amount 15.444 CO 3.500 CO 1 3C0 CO 1 800 00 5,850 00 465000 990.00 4.500 00 24 CCO 00 4 CCO CO 7BOO C0 2 7C0 00 11 5Cy) CO 14 331211 3312 2803 15 33 12 11 3312 2302 16 17 33 12 11 3312 2801 CO CO CO 9999 CCO2 18 02 41 14 241 1012 19 133 05 12 3305.0003 20 CO 00 CO 9999 0009 21 00 00 00 22 23 24 33 11 11 9999.0008 3331 3401 33 05 10 3305 0109 0241 15 2411000 6' Meter Vault S *teen t"ousard'r.e hourdred 4" Meter Vdult Sixteen trousand f.e hourdred 3" Meter Vault Sixteen thousand fte hourdred Remome Existing Water Meter Nicety t3 Water Line Remote Eght 8" Water Line Lowering One hundred and fire 1" Copper Service Pipe Sewn 1 5" Copper Sen+ce Pipe Ten Ductile Iron Fittings Six Thousand Trench Safety - Water One Remo'.e and Replace Concrete Patement - Water N'rety 120 cents rer unit 2/100 CONS Liter t.rit 01100 cents per unit 2/1130 cents per unit /100 cents per unit C/ 100 cents per unit 2/100 cents per unit C/100 cents per unit 0/100 cents per unit 7 5/ 100 cents per unit 0/100 cents per unit 1 _20 2 30 110 1 396 556 EA EA LF EA LF EA LF LF LS LF SY 3 '5fCOCO 3 16 SCO.CO 3 16 500 00 3 430 CO 3 500 3 4 800.00 7CO 3 1000 3 ii.000 00 $ 1C0 3 90 CO '65COCO 4i3 500 CO 465C000 2 160.00 4 160 00 9,600 00 210 00 1,10000 6.000 00 396 CO 50,040 00 TOTAL WATER $ 2151700.00 rt1I Stec. `fo I `untt:er Scec tem `:line of Ply item vsdh t Pn^e .n Words Carroll Street Apartments UNIT it SANITARY SEWER 1 13 31 20 3331 5501 12' SDR-26 Sanitary Sewer 2 3 4 33 11 10 3331 4212 33 11 10 33 31 12 23 31 20 233000 3331 4115 330 0001 5 CO CO 00 9999 0006 6 7 8 9 10 11 12 CO 00 00 9999 0003 33 31 50 3331 3102 33 31 50 3331 3311 02 41 15 241 ICCO 33 39 10 3339. 1001 33 39 20 33 39 10 3339 1002 33 39 20 02 41 14 241 2013 Seventy 12" DIP Saner Ora Pupated `orty 61,e 8" SDR-26 Sewer Seventy file Concrete Encasement Seser Ore hundred and fie Convect to Existing 8" Sewer One thousand Connect to Existing Manhole Seventeen hundred 4" SDR-26 Sewer Service w/ C'eanout Eighteen hundred 4" Sewer Reconnect w/ Cleanout Two Hundred twenity Remove and Replace Concrete Pavement - Sewer Ninety Standard 4' Manholes (All depths) Three thousand 4' Drcp Manhole Forty two hundred Remo•.e Existing 8" Sewer 2; 100 cents cer unit C1C0 nts car unit 422/1C0 cents cer unit 0/1 CO cents per unit Oil CO cents per unit 2/100 cents per unit 0/100 cents per unit 0/1co cents per unit 0/100 cents per unit C/ICO cents per unit C/1C0 cents cer unit TV,eke C/1C0 certs cer Litt q corox iLanhty 031 Unit LF 518 LF LF '35 LF 2 2 3 1,130 8 EA EA EA EA SY SY EA 1 390 LF Unit Bid Pr'Ce > e8 CO 3 143 CO 3 75CO S 105 CO $ 1 CC0 00 S 1.70000 $ 1 800.00 $ 220.00 S 90.00 $ 2.750 CO S 36C0.00 3 12 CO 2Cl al Amount 4 908 CO 74074C0 1 C50 CO 14 175 CO 2 C00 00 3 400 00 19.800 00 660 00 101,700 CO 22.00000 3430000 •.20 CO i 13 I '2 41 14 • 14 '2 41 14 15 16 17 18 19 3 01 31 12201 Remote Existing Sewer Manhole '0 EA 1 ^e rt.rcred 341 2001 Abandon with Grout 3" Sewer Lire Tao hundred eighty 3301 CCO2 (Post -CCTV tnscectien Ore 33 05 10 3305 0109 Trench Safety - Sewer �o 33 39 10 3339 1003 !Extra Depth 4' Manhole 33 39 20 Two hundred 33 01 30 3301 0101 !Vacuum Test Manholes 33 01 30 3301 0101 Two hundred Pre -CCTV Inspection 10re 1>O cents cer, snit 3,100 cents cer unit 20/1COcents cer unit 30/100 cents cer unit JC/1C0 cents per unit CO/100 cents cer unit 2c/1CO cents per unit '0 0Y 1 '49 LF 1 149 LF 4 VF 9 EA 976 LF -co CO 80 CO 3 120 080 9 CCO CO 2 800 CO 1 378 80 91920 800 CO 1 8c0 00 1,171 20 TOTAL SEWER S 319,916.20