HomeMy WebLinkAboutContract 42484 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, the undersigned "Developer"desires to snake certain improvements(refer
to the name of the project at the bottom of the page)an addition to the City of Fort Worth,
Texas;and
WHEREAS, the said Developer has requested the City of Fort Worth, a home-rule
municipal corporation situated in Tarrant,Denton,Parker, and Wise Counties, Texas,hereinafter
called"City",to do certain work in connection With said improvements.
Developer Information:
Developer Company Name: CRP West V".L.L.C.
Authorized Signatory: Brian Parro
Title: Chief Financial Officer
Project Name: West 7th Northwest Block
Project Location: Corner of Crockett St. &Norwood Ave.
Additional Streets: NIA
Plat Case No.: FS-011-051 Plat Name: Van Zandt's Park Addition
Mapsco: 76A Council District: 9 City Project No: 01768
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.To be coiz7pletecl h St f
Received by: te:IV&
CFA: 2011-032 DOE: 6704_ IECORD
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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 p rovisions
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 ara ra h
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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 b its surety
y
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-]) _ , Paving (B) X Storm Drain (B-1) , Streetsca e
P
(B-2) X , Street Lights & Signs (C) X
E. The Developer shall award all contracts for the construction of community
facilities in accordance "'ith Section II. paragraph 7 of the Policy and the
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F. For all infrastructure included in this Agreement for which the Developer
awards construction contracts), Developer agrees to the following:
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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 infrastructure and a
maintenance bond in the name of the City for one hundred p ercent
(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 p rovider
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 r11ay he required by the City
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co 11t1-9 crc�r to have tulle executed c otitract do cumL.r�
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111t f^ its to scheclulc a Pre-('(}jjstr-jjc:ti(_)rj
submittal should occur no less than IO working days prior to the desired
date of the meeting. No construction will commence without a City-
issued
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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 engineerin g drawings s and
documents necessary to construct the improvements required b this
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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 b
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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 P
,Tans specifications
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and cost estimates supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessa ry rights hts of way nd
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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 p resents does
hereby, fully indemnify, hold harmless and defend the Ci ty, 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 uries or
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damages sustained by any persons (including death) or to an property,
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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, 1ils contractors. sub-contractors. officers. agents or
emj)lt}yees. wether or not such in d�ath or dant""cr•, are
cuu.Sed in H'lxor'c or in Part. h ` the u nr c d n ill�rrrr��L' It� ' x r1
Fort Worth its o 'rcers servants or enr to ees.
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 rom or in an
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way connected with, the construction of the infrastructure contemplated
herein, whether or not such in•uries death or dama es are cuus •
cd to
whole or in Part. bv the alleged ne li ence of the ON of Fort
Worth its officers, servants or em to ees. Further, Developer will require
its contractors to indemnify, and hold harmless the Ci ty any losses
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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 p lans and
specifications and shall cause to be executed and delivered to the City an
indemnity agreement from such contractors on a form to be romul ated
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by the City.
N. Upon completion of all work associated with the construction of the
infrastructure and improvements, Developer will assign to the Ci ty a non-
exclusive right to enforce the contracts entered into by the Developer with
its contractor along with an assignment of all warranties iven b the
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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 art
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beneficiary of such contracts.
0. 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
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to tour percent (41,0) and m�lterial testing fees equal to OA c percem
161 a total (0,(,r► t fly r.,' l�►��7t_'1'ti -��7aj e [�f !alt' tottll c onstrtictw it c't},t as
titt'! 'tl ill till'
iii. Developer shall pay in cash the total cost of streetlights or if the cit y 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
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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 g uarantee
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
11-le Completion Agreement.
Cost Summary Sheet
Project Naine: Nest 7"Northwest Block
CFA No.: 2411-032 DOE No.: 6704
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 $ 30,373-00
2.Storm Drain $
3.Streetscape-Landscaping,Irrigation&Hardscape $ 166,682.04
4.Street Lights-installed by Developer $ 67,297.30
5.Street Signs-Installed by Developer $ _
TPW Construction Total $ 264,352-34
Total Construction Cost(excluding the fees): $ 264,352.34
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%) $ 7,882.20
F. TPW Material Testing(2%) $ 3,941.10
G. Street Light Inspsection Cost $ 2,691.89
H. Street signs Inspection Cost $ _
Sub-Total for TPW Construction Fees $ 14,515.19
Total Construction Fees: $ 14,515.19
Choice
Financial Guarantee G Lions,choose one Amount ck one
lBond=100% $ 264,352.34
Completion Agreement= 100%1 Holds Plat $ 264,352.34
Cash Escrow Water'Sanitary Sewer= 125% $ _
Casr Esrruw �.:±n Storm ! ,a!, rte, 5 330.440 43
Letter o; . r_-..� ..�.".�:�'.'�.�yr ex ,r�at� �`�'A�
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 quadruplicate,at Fort Worth,Texas this 'LS day
of UA ty ,20_A\
__l__�
CITY OF FORT WORTH-Recommended by:
Water Department Transportation & Public Works Department
Wendy Chi-13 bulal,EMBA �.E. Doug W. Wiersig, P.E.
Development Engineering Manager Director
Approv5y o Forni &Legality: Approved by City Manager's Office
Fernando Costa
DTgl'oas W Black Assistant City Manager
Assistant City Attorney
ATTEST: a r ��°0°°�°0� �
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Marty Hend a n"
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City Secretary *' �p���Y►4s+ w 4a
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j�CO �t�[ REQUIRED Aj °00000° •�`r
ATTEST CRP Cypress West 7th, L.L.C.
By: Cypress Partners West 7" III, LP, its
Develop erlAdministrative Member
By: Cypress Equities II, LP
By: Cypress Equities II GP, LLC
By: Ch41aguire or B 'an Parro
--- - - F IAL RECORD
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CITY SECRETARY
Slill��CLlrt' �lt,�l1��ttll�t'
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FT, WORTHS
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Location Map
El Exhibit A: water Improvements
EJ water Estimate
❑ Exhibit A-1: Sewer Improvements
EJ Sewer Estimate
® Exhibit B: Paving Improvements
® Paving Estimate
El Exhibit B-1: Storm Drain Improvements
❑ Storm Drain Estimate
® Exhibit B-2: Streetscape
® Streetscape Estimate
® Exhibit C: Street Lights and Signs Improvements
® Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
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COMMUNITY FACILITIES
HU[TT-ZOLLARS AGREEMENT
7TH STREET-NW BLOCK
'300 W.7th Street,Suite 300 Fort Worth,Texas The City of Fort Worth
Fart Worth,"texas 76102 DOE No.:6704
Phone:(817)335-3000 City Project No.:01768
TOTAL AMOUNT:B-PAVING $30,373.00
TOTAL AMOUNT:B-2-STREETSCAPE $166,682.04
TOTAL AMOUNT:C-STREET LIGHTING $67,297.30
GRAND TOTAL AMOUNT:
$264,352.34
Page 1
HUITT-ZOLLARS COMMUNITY FACILITIES
WEST 7TH STREET-NW BLOCK AGREEMENT
500 W.7th Street,suite 300 - Fort Worth,Texas The City of Fort Worth
Fort Worth,Texas 76102 DO No.:6784
Phone.(817)335-3000 City Project No.:81768
Page
HLIITT-ZOLLARS COMMUNITY FACILITIES WEST 7TH STREET-NW BLOCK AGREEMENT
500 W.7th street,suite 340 Fort Worth,Texas The City of Fort Worth
Fort Worth,Texas 76102 DOE No.:6704
Phone:(817)335-3000 City Project No.:01768
B-PAVING
Item No. CFW Bid# Approx.Qty Unit Item Description Unit Cost Total Cost
Pavement,7"Reinforced Concrete with
1 BID-00452 367 Sy joints and sealant-install $51.00 $18,717.00
Driveway-6 Inch--Install
2 BID-00404 1,110 SF $6.00 $6,660.00
Traffic Control-Install
3 1 LS $2,500.00 $2,500.00
Curb-7 inch-install
4 BID-00843 500 LF $2.00 $1,000.00
Curb&Gutter-7 Inch w118 Inch Gutter
5 BID-00426 68 LF Install $22,00 $1,496.00
TOTAL AMOUNT:B-PAVING $30,373.00
Page 3
UNIT I: STREETSGAPE-LANDSCAPE-B-2
ITEM APPROX, DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO_ QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place,the following items). (D-
No. refers to related items in the Part D Special Conditions:)
Item Approx. Unit Item Description
No. Qty. Measurement "D" Item reference Unit Price Total Amount
100 GAL.Canopy Trees-Install
1 12 EA Dollars
and Cents $728.00 $81736.00
65 GAL.Ornamental Trees-Install
2 8 EA Dollars
and Cents $392.99 $311 30.00
5 GAL_Shrubs-Install
3 98 EA Dollars
and Cents $20.16 $1 1975.68
3 GAL.Shrubs-Install
4 166 EA Dollars
and cents $20.16 $31346-56
2 GAL.Shrubs-Install
5 57 EA Dollars
and Cents $12.32 $702.24
4°Pots(Groundcover)-Install
6 21000 EA Dollars
and Cents $1.40 $2,800.00
Bermuda Sad Grass-Install
7 92 SY Dollars
and Cents $5.60 $515.20
Landscape Pots�-Install
8 19 EA Dollars
and Cents $392.00 $77448.00
Bed Preparation�-Install
9 52 CY -Dollars
and Cents $56.00 $21912.00
Steel Edging-Install
10 55 L F Dollars
and Cents $5.60 $308.00
TOTAL AMOUNT BID - LANDSCAPE $317879.68
UNIT I: STREETSCAPE-HARDSC:APE-B-2
ITEM APPROK DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO_ QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place,the following items)
(D-No, refers to related items in the Part D Special Conditions:)
Item Approx. Unit Item Description
No. Qty. Measurement "D" Item reference Unit Price Total Amount
Brick Pavers at Crosswalks-Install
11 284 SF Dollars
and cents $14.50 $4,118.09
Concrete Walks with Rock Salt Finish-Install
12 61002 SF Dollars
and cents $7.00 $421014.00
Integrally Colored Concrete Patio -Install
13 1,207 SF Dollars
and cents $7.00 $87449.00
Concrete Steps�-Install
14 420 LF Dollars
and cents $41.44 $171404.89
Concrete Ramps and Walls-Install
15 12 C Y Dollars
and cents $630.56 $71566.72
Concrete Cheekwalls and Footings-Install
16 44 C Y Dollars
and cents $630.56 $271744.64
Steel Saddles on Cheekwalls-Install
17 19 EA Dollars
and cents $72.80 $11383.20
Metal Handrail-Install
18 34 EA Dollars
and cents $560.001 $19,040.00
TOTAL AMOUNT BID - HARDSCAPE $1237602.36
UNIT L STREETSCAPE-IRRIGATION-B-2
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NQ_ QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following items)
(D-No. refers to related items in the Part D Special Conditions:)
Item Approx_ Unit Item Description
No. Qty_ Measurement "D" Item reference Unit Price I Total Amount
Drip Zones including all Dripline,Valves,Quick
19 5 EA Couplers Mainline,Controllers and Sleeves-Install
Dollars
and Cents $2,240-001 $11,20000
TOTAL AMOUNT SID - IRRIGATION $11)200.00
tTNIT II: LIGHTING-C
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO_ QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place,the following items)
(D-No- refers to related items in the Part D Special Conditions.-)
Item Approx_ Unit Item Description
No. Qty. Measurement "D" Item reference Unit Price Total Amount
KIM Light-Install
20 9 EA Dollars
and Cents $27183.62 $19,652.58
LED Light�-Install
21 8 EA Dollars
and Cents $536.00 $47288.00
Cheekwall Light�-Install
22 26 EA Dollars
and Cents $220.49 $5,732.74
23 12 EA Up Light-Install
Dollars
and Cents $702.54 $8,43048
Electrical Ground Box-Install
24 9 EA Dollars
and Cents $896.00 $87064.00
2"Conduit�-Install
25 550 LF Dollars
and cents $8.00 $47400.00
Light Pole Foundations Install
26 9 EA Dollars
and cents $1 7200.00 $1 07800.00
1#6 AWG�-Install
27 2,229 LF Dollars
and cents $1.50 $37343.50
#10 AWG Install
28 743 LF Dollars
and Cents $2.00 $1,486.00
Bore(for 1"Coduit)under roadway Install
29 55 L F Dollars
and Cents $20.00 $17100.00
TOTAL AMOUNT BID - LIGHTING $671297.30
TOTAL AMOUNT BID - GRAND TOTAL $2331979.34