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HomeMy WebLinkAboutContract 45070 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT § City Secretary Contract No. 4c 0 10 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 21001 Irving, TX 75039 Phone, E-Mail: (469) 417-6507, !sparks @greystar.com Authorized Signatory/Title: Laird Sparks, Vice President Project Name and Brief Description: Paving and Drainage 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 City Project No: 02168 CFA: 2013-066 DOE: 7137 To be completed by staffs Received by: L J � _ RECEL"ED Date: , � � � t �J OFFICIAL RECORD CITY SECRETARY Fl: WORTH, 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) N/A, Sewer (A-1) N/A_, Paving (B) X , Storm Drain (B-1) X , 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 nezlizence 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 negliience 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 — Paving & Drainage CFA No.: 2013-066 DOE No.: 7137 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 $ 469,855.00 Developer's Cost 136,170.00 333,685.00 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 $ 469,855.00 ONO E. TPW Inspection Fee (4%) $ 18,794.20 F. TPW Material Testing (2%) $ 9,397.10 G. Street Light Inspsection Cost $ H. Street Signs Installation Cost $ Sub -Total for TPW Construction Fees $ 28,191.30 Total Construction Fees: $ 28,191.30 Financial Guarantee Options, choose one Amount 'Bond = 100% $ 469,855.00 Completion Agreement = 100% / Holds Plat $ 469,855.00 Cash Escrow Water/Sanitary Sewer= 125% $ Cash Escrow Paving/Storm Drain = 125% I $ 587,318.75 Letter of Credit = 125% w/2yr expiration period I $ 587,318.75 MEN Choice (ck one) 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 Dev open- has execuler his instrument in quadruplicate, at Fort Worth, Texas this day of ,20 i CITY OF FORT WORTH - Recommended by: Water Department Alik Wend' Chi-Babulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. Ph - Date: ATTEST: Mary J. Kayser City Secretary ATTEST: (Print) Name: Title: Tragsportation & Public Works Department Douglask. 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 Signature (Print) Name: Laird Sparks Title: Vice President 11\ CORD rnr7l r 7 ©7 R9EJARY FYI \TMIT'S II Ei .1, Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included n n n a ►1 n 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) 9 File: 4: \DAL_Civil\67771612—Carroll St. Site \Dwg\Exhibits\CFA Exhibits \Location Map.dwg [COVER] 8/18/2013 4: 22pm )(refs: X8511.dwg Image,: CO r L) 0 m CI 0 I FA NOl'JOW -I13NH` C BARDEN �i. 0 TEMPLET JN m WIMBERL. m FOCI- cn n m Im 0 0 Z CARROLL 0) --i rn HARROLD° 0 H 7 D > z z > c) EI2O?:1=,BN9SI]M n -D . E GRAPHIC SCALE IN FEET 0 75 150 300 -o 0 0 0 a v0 M N x 01 x E -o coco N co 0 0, NVI � 0, ao aM 0 ro — up -o a 10 c > x 0 x a � I -'0 �N u-3 7o a6 C N 0,1 aW am U x at WI i o 0 a N M N N N 6 y o U01 x N 0 7• n Ce la • j10 ✓ v PROPOSED 6" REINFORCED 3500 PSI CONCRETE /, A. & CO a EXISTING CONCRETE TO BE REPLACED AFTER PROPOSED UTILITIES ARE INSTALLED EXISTING CONCRETE PAVMENT />1 PROPERTY LINE PROPOSED PAVING COMMUNITY FACILITIES AGREEMENT FOR PAVING IMPROVEMENTS TO SERVE CARROLL STREET APARTMENTS PROPOSED 5" - REINFORCED 3000 PSI CONCRETE PROPERTY LINE PROPOSED 6" REINFORCED 3500 PSI CONCRETE EXISTING CONCRETE TO BE REPLACED AFTER PROPOSED UTILITIES ARE INSTALLED 1/4 MEHRIMA,C, SIREEW, PROPOSED 5" REINFORCED 3000 PSI CONCRETE 7 PROPERTY LINE EXISTING CONCRETE TO BE REPLACED AFTER PROPOSED UTILITIES ARE INSTALLED PROPOSED 6" -- REINFORCED 3500 PSI CONCRETE PROPERTY LINE r PROPOSED 6" REINFORCED 3500 PSI CONCRETE MERCEDES AVENUE (5CROW( PROPOSED 6" REINFORCED 3500 PSI CONCRETE EXISTING CONCRETE PAVMENT PROPOSED 6" m REINFORCED 3500 PSI CONCRETE It EXHIBIT B I Carl Kimley-Hom IIIII/ , and Associates, Inc. GRAPHIC SCALE IN FEET 0 75 150 300 i cn L co CO 0 a 0 a N M T , a a EX. CI EX. CI - CONNECT TO EXISTING CI `- PROPERTY LINE _ 0 0 :- E6 1? PROPOSED STORM SEWER E En -x COMMUNITY FACILITIES AGREEMENT FOR DRAINAGE IMPROVEMENTS TO SERVE CARROLL STREET APARTMENTS 10 x /- 24" RCP DETENTION OUTFALL PROPOSED 21"RCP LATERAL - PROPOSED 24" RCP DETENTION OUTFALL MERRIMAC STREET (50' R 0 W) EX. CI CI CI PROPERTY LINE IV v - PROPERTY LINE PROPOSED - 24" RCP MERCEDES AVENUE (50'ROW) CONNECT TO EXISTING 24" RCP PROPOSED 21" RCP DETENTION OUTFALL - CONNECT TO EXISTING 24" RCP CONNECT TO EXISTING 30" RCP EX, 30" STM S-1111 EXHIBIT B-1 I ®�� Kimley-Hom and Associates, Inc. iiholumilli how 1110104 Quote To: Phone: E-mail: BID PROPOSAL JACKSON CONSTRUCTION, LTD. 5112 Sun Valley Drive Fort Worth, Texas 76119 Contact: Danny McCutchen Phone: 817.572.3303 E-mail: Danny@JacksonConstruction.net Phillip Treacy Project Director Greystar 750 Bering Dr. Suite 400 Houston, Tx. , 77057 713.479.8812 ptreacy@greystar.com PAVING AND DRAINAGE CFA ITEM DESCRIPTION 1 6" 3500 PSI CONC PVMT 2 STAMPED CONCRETE CROSSWALKS 3 5' 3000 PSI CONC PVMT 4 6' LIME TREATED SUB GRADE 5 HYDRATED LIME MATERIAL (36#/SY) 37 REMV CONC CURB & GUTTER 38 REMV CONC DRIVEWAY 39 REMOVE INLET 40 CONN TO EXIST INLET 41 CONN TO EXIST RCP 42 24" RCP PIPE 43 21" RCP PIPE 44 RCP PLUG 45 10' CURB INLET 46 10' CURB INLET (OPEN BACK) 47 5'X3' RCB DETENTION STRUCTURE 48 CROSS CONNECTION 49 DETENTION OUTFALL STRUCTURE TOTAL PUBLIC UTILITIES AND PAVING TOTAL PUBLIC SIDEWALK IMPROVEMENTS TOTAL PRIVATE UTILTIES AND PAVING GRAND TOTAL NOTES: Job Name: Location: Bid Date: Jackson Construction, Ltd. has EXCLUDED the following from our Bid Proposal: QUANTITY 1,818.00 148.00 585.00 2,761.00 50.00 275.00 380.00 3.00 1.00 5.00 323.00 72.00 3.00 3.00 1.00 960.00 4.00 2.00 Carroll St Apartments Revised Pricing Fort Worth, Tx October 4, 2013 UNIT SY SF SY SY TONS LF SY EA EA EA LF LF EA EA EA LF EA EA UNIT PRICE 45.00 15.00 35.00 5.00 160.00 4.00 12.00 1,400.00 900.00 600.00 85.00 80.00 250.00 4,200.00 4,500.00 277.00 1,200.00 4,000.00 AMOUNT 81,810.00 2,220.00 20,475.00 13,805.00 8,000.00 1,100.00 4,560.00 4,200.00 900.00 3,000.00 27,455.00 5,760.00 750.00 12,600.00 4,500.00 265,920.00 4,800.00 8,000.00 $469,855.00 $469,855.00 Page 1 of 2 State & city permits, inspection fees Construction staking Payment, Performance & Maintenance Bonds Geotecimical construction testing SWPPP, erosion control, seeding, sodding, curlex blanket Re -grading of lots and swales permanent signage Relocation of any existing dry or wet utilities not specified Fire Line Permits by Owner (Jackson to Run Line under others Permit) Replanting of trees, shrubs, landscaping Irrigation relocation Tree Removal Asphalt Removal Gas Line Removal and Relocation Jackson Construction, Ltd. has INCLUDED the following in our Bid Proposal: Texas Sales Tax Construction barricades & traffic control Utility locates Cleanup for final acceptance, haul off -site all JCL debris Removal and concrete replacement for Utility Placement as specified in plan sheets Jackson Construction, Ltd. Clarifications for the following Bid Proposal: Proposal Based On: Public Plans August 8, 2013, Private Plans Dated June 3, 2013 Unit Prices Contingent on the Entire Project as quoted (Utility, Sidewalk, CFA and Private) Grade to be at (+/-)0.1' Prior to Jackson Construction Mobilization All Sewer Services are quoted as SDR 26 please advise if Ductile is needed Fire Line to be stubbed into building slab FINAL PAYMENT SHALL BE BASED ON IN PLACE MEASURED QUANTITIES Jackson Construction, Ltd. will hold the above pricing for 30 calendar days from today's date. We appreciate the opportunity to offer this proposal and hope we are the successful bidder. If we can be of further assistance please do not hesitate to call. Page 2 of 2