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HomeMy WebLinkAboutContract 31099 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARR.ANT § Contract No. WHEREAS,_ Emory Place L.P., hereinafter called "Developer", desires to make certain improvements to Emory Place, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Emory Place GP, L.L.C. its duly authorized General Partner, and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: I. 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, is hereby incorporated into this Community Facilities Contract as if copy herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section 11, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section 11,paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section 11, of the Policy. F. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, F, officers., -` CFA with Revised 4% Emory Place November 12,2004 } 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. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). I. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). J. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof. Water(A)None; Sewer(A-1)None; Paving(B) attached; Storm Drain(B- 1) attached; Street Lights and Signs (C) attached. CFA with Revised 4% 2 _ ,`? '';; •� .' 2 Emory Place November 12,2004p 1 II. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B,B 1, and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of "current improvements" and shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, Bl, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $_222,302.00 Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 172,220.00 $ 172,220.00 2. Storm Drainage $ 27,205.00 $ 27,205.00 3. Street Lights(Inspection) $ 15,400.00 $ 15,400.00 4. Street Name Signs $ 500.00 $ 500.00 B. Engineering Design C. Construction Engineering and Management by DOE 4% $ 71977.00 $ 7,977.00 TOTALS $ 223,302.00 $ - $ 223,302.00 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 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, CFA with Revised 4% 3 Emory Place November 12 2004 Jul attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the 2 day of September, 2004. Approval Recommended: I &k Transportation and Public Works C Dntr ac L_ ?-w-sor; Department te Roberf Goode, P. E. Director ATTEST: f'A a0 � t f A h _MARTY HEN IX CITY SECRFTARv Marc Ott Assistant City Manager Approved as to Form: AAssis ATTEST: DEVELOPER EMORY PLACE, L.P., a Texas Corporate Secretary limited partnership BY: EMORY PLACE GP, L.L.C., a Texas limited liability company, General Partner BY: Mear cBee, President CFA with Revised 4% 4 „���'�� :? 1 Z IZI'I Emory Place �??y7 November 12,2004 Y U, lL 1" N W E S Q 820 Q a a 3 w `3 PROJECT Q ry SITE Q J z H JOHN T WHITE RD. ANDERSON BLVD, 30 BRENTWOOD STAIR RD, VICINITY MAP EMORY PLACE PHASE 1 GORDON S. SWIFT CONSULTING ENGINEER INC. r lo/ l_-- ' n � I` 7-7—— —T--,— (,zo- Row) JOHN T. WHITE 1 � - N W E s EXHIBIT N.T.S. STREET PAVING FOR PROPOSED STREET PAVING EMORY PLACE PHASE 1 C� GORDON S. SWIFT CONSULTING ENGINEER INC. N HA . - - 1 - --r- - - ,--I- L4- (120' ROW) JOHN T. WHITE EGR N W E S EXHIBIT N.T.S. SIDEWALKS FOR PROPOSED 4' SIDEWALK EMORY PLACE PHASE GORDON S. SWIFT CONSULTING ENGINEER INC. r- - - - 1 1 N HA . (120' ROW) JOHN T. WHITE EG N W E S EXHIBIT N.T.S. STORM DRAIN FOR PROPOSED STORM DRAIN EMORY PLACE PHASE 1 GORDON S. SW. _7'F (;D� ?' CONSULTING ENGINEER INC. . . ,.- o rig- 4 PROPOSAL TO: EMORY PLACE EMORY PLACF,L.P: Mr. Mearl McBee Pursuant to the foregoing "Notice to Bidders", the undersigned Bidder, having thoroughly examined the Contract Documents, including Plans, Special Contract Documents, the General Specifications, the site of the Project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material, except as specified to be furnished i by the City, which is necessary to fully complete the work as provided in the Plans and Contract IDocuments, and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond and such other I bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums, to wit: PAVING IMPROVEMENTS EMORY PLACE Phase I The following are bid items required for the referenced project(s). Furnish and Install, including all appurtenant work,complete and In place,the following items: PAVING IMPROVEMENTS ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT PRICE TOTAL PRICE No. QUAN BID PRICES WRITTEN IN WORDS 1, 2,000 LF BLADE&SHAPE CROWN Per Linear Foot D�,a Dollars and iy0 Cents $ /.Do $ ago.00 2. 6,500 SY 6"CONCRETE PAVING Per Square Yard: . Dollars and S x6x-A'✓-,. Cents $ $ /Z21 ,. . ,,,,,, „�•.,, , UVULL. IIVI,LJ rrin nU, dl ! tiltf ZTyz — - --- - —__ i PAVING IMPROVEMENTS ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT PRICE TOTAL.PRICE NO. QUAN 010 PRICES WRITTEN IN WORDS 3. 7,000 SY 6"LIME SUBGRADE Per Square Yard: r9nP Dollars i and. yr Cents $ /005 $ /,7, 9so,0.0 4. 105 TON HYDRATED LIME FOR SUBGRADE (30#/sy) Per.-W ., e --rclh . Dollars and .ye Cents $ 9S.Do $ 9 9 7S.do 5. 4,000 LF CONCRETE CURB Per Linear Foot: iQn P_ Dollars and_��r„ -� Cents $ 125 3 S,DGD. DD 8. 1 EA TIE INTO EXIST, PAVEMENT Per"Waac FwL- -1�:d-c. I A]&.�«�.� Dollars and Cents $ SOD.DO $ .Sda.0d i 7. 9 EA ADJUST SANITARY SEWER MANHOLE Per Each: Dollars and .re Cents $ .SD.00 $ 3c'74.'0'6 I ,ivi vL•JY 7 11 I WDGC nv11CJ . _.•i'HiS'"►yv;"'oil"�cb"'L'ibc -• r;"'L>ji4i PAVING IMPROVEMENTS ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT PRICE TOTAL PRICE N0. QUAN BID PRICES WRITTEN IN WORDS 8. 4 EA ADJUST GATE VALVES Per Each: &'PLv Dollars and .41D _ Cents $_ SD.ap $ 1Q 9. 580LF 4 FOOT WIDE SIDE WALK (John T.White)per Linear Foot /1/. Dollars and ,yo Cents $ $ -5,22Q.46 10. 1 LS MAINTAIN EROSION CONTROL Per Lump Sum: / Dollars and Cents 16 0.Da i � 11. 1 LS CONSTRUCTION STAKING Per Lump Sum: D.r e Dollars and wo Cents $ i i 12. 1 EA STD. BARRICADE W/HEADER Per Each Xad g�PZ Dollars I and .v, Cents $ SDd,d4 $ S I GRAND TOTAL PAVING IMPROVEMENTS $ /7.Z 110.00 NO YE:L: Bonding Cost to be included in price bid. i I JUL-Id-U4 rluN uL j4 rn 11QdtC Hunts I•Hx nu. dl ( bzb PROPOSAL(cont.) The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination In employment practices. The undersigned agrees to complete all work covered by these contract documents within.2-V _Working Days from and after the date for commencing work as set forth In the written Work Order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction'as established by the City of Fort Worth,Texas, Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Lj I Dollars ($ 1 is to become the property of the Owner, or the attached Bidders Bond Is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and addition work caused thereby. Receipt is acknowledged of the following addenda: Addendum No. 1 (Initials) Addendum No.2(Initials) Addendum No. 3 (Initials) Addendum No.4(Initials) I Respectfully Submitted Conn► c�. onyx on�, Address: P.a. 154 8 (SEAL) Telephone:_9I�- 3y-1-7 3 Date: (7t-( I I, �. I vcv c i ac r, jui 4 r CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 830 8-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers'compensation insurance coverage for all of its employees employed on the following project PAVING IMPROVEMENTS EMORY PLACE Phase M/VOR BY., Kick Pappas,Vico-PreS{denl of cal%aust Mumverr oid Group,hie,G.P. DATE I 1 + ;:X2:35 PM tfCBEE HONES I"fix Nu. b r bec if(de r. poi 41 �1dilAGE IMPROVEMENTS iIROX DESCRIPTION OF ITEMS WITH UNIT PRICE TOTAL PRICE {� HID PRICES WRITTEN IN WORDS CONSTRUCTION STAKING Per Lump Sum: Dollars and �,�a Cents $ /,gad. "DDd.Oe w, 3O LF TRENCH SAFETY ^� Per linear Foot Dollars jv and .[ry Cents 2­3 69 do a• 45 LF 24"RCP CLASS III STORM DRAIN PIPE Per Linear Foot: Dollars ' and ac Cents $ YO 40 a� /die 4 .185 LF 35"RCP CLASS IN STORM DRAIN PIPE Per Linear Foot _Se,ye i e✓- g*s g Dollars $ 4 and ra Cents $ 75.00 N I. EA 36'RCP CONCRETE HEADWALL(type B") Per Each: ,f> Dollars and ,re Cents $ 500.00 $ /_ode :2 EA 10'CONCRETE CURB INLET Per Each: iPi. Lglrg,Z Dollars and_ ,fir„ Cents $ / 9d0.00 $_ 3_,ed4.dC =i - — � ,:-36 PM MCBEE HOMES FAX NO. 817 626 2792 IMPROVEMENTS CONTINUED I)ESCRIPTION OF ITEMS VATH UNIT PRICE TOTAL PRICE DID PRICES WRITTEN IN WORDS MATERIAL TESTING Dollars 6"CONC RIP RAP for Miscellaneous Placement Per Square Yard: Dollars EROSION CONTROL Per Lump Sum: TOTAL STORM DRAINAGE IMPROVEMENTS $ ZZIOS,00 ' '- Q , y i - - L_ � --L- 1 _ ' _ SETON HALL DR. a I - --r--I- (120 Row) JOHN T. WHITE N W E S EXHIBIT N.T.S. STREET LIGHT FOR EMORY PLACE PROPOSED STREET LIGHT PHASE 1 GORDON S. SWIFT CONSULTING ENGINEER INC. I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 2, 000 $6, 000 . 00 MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $4, 000. 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000. 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 500 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 11500 $0, 000 . 00 Subtotal $14 ,000.00 City' s Cost $00, 000 .00 Developer's Subtotal $14,000.00 10% Contingencies $1,400.00 Project Total $15,400.00 Adjacent Developer's Cost $0,000.00 Developer' s Cost $15,400.00 2% Inspection Fee $0,00.00 CFA CODE #2004077 DEVELOPER'S COST: $15,400.00 (REVISED 11-04-2004 ) EMORY PLACE, PHASE I June 14, 2004 Fort Worth, Texas November 8 , 2004 PAGE I OF Exhibit C II. STREET LIGHTS WORK DESCRIPTION: I . The Developer shall provide for the installation of streetlights at the approximate locations shown in Exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department . 2 . Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the Director of Transportation and Public Works. 3. The City will install all the streetlights that use overhead or underground conductors on residential, and collector streets. the developer agrees to pay the city the amount shown below prior to the City starting it' s design efforts. 4 . Streetlights on arterial streets shall be installed with underground conduit and conductors. 5. The Developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operation of the street lights 6. The estimated cost of this street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: $15,400.00 EMORY PLACE, PHASE I June 14, 2004 FORT WORTH, TEXAS (REVISED 11-04-2004) (CFA CODE #2004077) Page II of Exhibit C "STREETLIGHTS" INTERSECTIONS JOHN T. WHITE RD & TOWSON DR 1 SETON HALL DR & TOWSON DR 1 SETON HALL DR & MARIST DR 1 MID - BLOCK MARIST DR 1 COPPIN DR 1 CHANGE OF DIRECTIONS MARIST DR 1 COPPIN DR 1 EMORY PLACE, PHASE I Page III of Exhibit C IV STREET NAME SIGNS 1 . The City of Fort Worth will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2 . The Developer will pay for the street name sign installations required for this development to the extent of $100 . 00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3 . This development creates the following five (5) intersections at a cost to the Developer of $500.00 : John T White Rd & Townson Dr Seton Hall Dr & Townson Dr Seton Hall Dr & Coppin Dr Seton Hall Dr & Marist Dr Coppin Dr & Marist Dr Emory Place, Phase 1 CFA code: 2004077 Date: June 18, 2004 ^c;'c J _