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HomeMy WebLinkAboutContract 33169 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. J.I WHEREAS, Mooreland Development Company, Inc., hereinafter called "Developer", desires to make certain improvements to South Oak Grove Section II Phase II , 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: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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 II, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, 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, 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 ofrcers, 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. 2 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)None; Street Lights and Signs (C)Attached. M. 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. 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, BI, 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 $66,803.96. 3 SUMMARY OF COST South Oak Grove Section II Phase II Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $62,023.04 62,023.04 2. Storm Drainage $0.00 $ 3. Street Lights $2,200.00 2,200.00 $ 4. Street Name Signs $100.00 100.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 2,480.92 2,480.92 TOTALS 66,803.96 $ - 66,803.96 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent(4%)cost for construction inspection fees. 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, attested by its City Secretary,with the corporate seal of the City affixed, d said Developer has executed this instrument in triplicate,at Fort Worth,Texas this the day of 92006. ECEIYEi Approval Recommended: Transportation and Public Works Department C`' Robert Goode,P. E. Director 1 it y f Fo Wo h NO M&C REQUIRED Marc Ott Assistant City Manager ATTEST: AA Ma Hendrix J City Secretary Appr d as to F si��Xy Attorney ATTEST: DEVELOPER —rhe CYl �lah��Car,�P�n ' By: Corporate Secretary , 5 .11 J1.. r��, . ✓1.1f� 115,\^: PROPOSAL TO: SOUTH OAK GROVE ESTATES SEC. II Phase II MOORELAND FUND 1, LP Mr. Michael Beaty 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 by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents, 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 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 SOUTH OAK GROVE ESTATES SEC. II Phase II 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. 1,752 SY 6" LIME STABILIZED SUBGRADE Per Square Yard: Three Dollars and Fifty Cents $ 3.50 $ 6,132.00 2. 1,701 SY 6" CONCRETE PAVING Per Square Yard: Twenty Nine Dollars and Twenty Four Cents $ 29.24 $49,737.24 PAVING IMPROVEMENTS ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT PRICE TOTAL PRICE NO. QUAN BID PRICES WRITTEN IN WORDS 3. 26.28 TON HYDRATED LIME FOR SUBGRADE (30#/sy) Per Ton: One Hundred Ten Dollars and Zero Cents $ 110.00 $ 2,890.80 4. 921 LF 7" CONCRETE CURB AND 18" GUTTER Per Linear Foot: Three Dollars and Zero Cents $ 3.00 $ 2,763.00 5. 1 EA ADJUST SANITARY SEWER MANHOLE Per Each: Three Hundred Fifty Dollars and Zero Cents $ 350.00 $ 350.00 6. 1 EA REMOVE DEAD END BARRICADE Per Each: One Hundred Fifty Dollars and Zero Cents $ 150.00 $ 150.00 7. 1 LS MAINTAIN EROSION CONTROL Per Lump Sum: Dollars and Cents $ $ Included * PAVING IMPROVEMENTS $ 62,023.04 *Prices include City of Fort Worth required bonds. J � s' 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 /S 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 iv/A Dollars ($ ) 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) Respectfully Submitted, ile &Winn [ c. By: w r,-ss: P.O.Box 79380 Saginaw, TX 76179-0380 (SEAL) Telephone: 817-847-2086 Date: /yo�«»�•,• 9 -� BID QUALIFICATION: 01 This proposal is submitted with the understanding that the owner's credit and financial arrangements for making payment under the Contract are satisfactory to Stabile& Winn, Inc. 02 Partial Payments on the Fifteenth of the next month, Final Payment immediately upon acceptance from Owner. 03 Two Year Maintenance Bond is included. 04 All Testing, Soil Series, and Coring for Compliance to be furnished & paid for by others. 05 All Construction Staking to be furnished and paid for by others. 06 Inspection Fees, if any, to be paid for by others. 07 Backfill all work is included. 08 Utility Relocations, if any, to be furnished & paid for by others. 09 Temporary Barricades with Lites &Signage are included. 10 Imported Material (Topsoil, Select Fill, etc.)& Seeding Parkways are not included. 11 After the Utility Contractor has completed their work, the Street Subgrade and Parkways must be restored to+/-0.10 Ft. by others or it will be done on a Force-Account-Basis. 12 Excess Excavation disposed of on jobsite. 13 The Erosion Control Plan (SWPPP)and the implementation of the plan are not included. However, the maintaining of the existing implementation is included. 14 Sales Tax is not included. 15 W.C. Ramps are not included. This Bid Qualification is a part of this Contract. Contractor: STABILE & WINN, INC. Signe c.) 4)John W. Stabile President CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth DOE Number 5041. PAVING IMPROVEMENTS SOUTH OAK GROVE ESTATES SEC. II Phase II Stabile &Winn. Inc. LY CTI..) President TITLE DATE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersi ned authority, on this day personally appeared t,�. �iCL , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of_ PKaL.•4 r'Lw*-%w-4: ;=L- for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9 day of 20 -S. Notary Public in and for the State of Texas :1 l rl� I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000. 00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2, 000 $2, 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 $ 1, 500 $0, 000. 00 Subtotal $2,000.00 City' s Cost $00,000.00 Developer's Subtotal $2,000.00 10% Contingency $200. 00 Project Total $2,200.00 Adjacent Developer' s Cost $00,000.00 Developer's Cost $2,200.00 2% Inspection Fee $00,000. 00 CFA CODE #2005166 DEVELOPER' S COST: $2,200. 00 SOUTH OAK GROVE SECTION - II, PHASE II January 4, 2006 Fort Worth, Texas January 4 , 2006 PAGE I OF Exhibit C II . STREET LIGHTS WORK DESCRIPTION: 1. 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 its 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: $2,200.00 SOUTH OAK GROVE — SECTION II, PHASE II January 4, 2006 FORT WORTH, TEXAS CFA CODE 32005166 Page II of Exhibit C III "STREETLIGHTS" CHANGE OF DIRECTIONS MANY OAKS DR 1 SOUTH OAK GROVE ESTATES SECTION II, PHASE II 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 one (1) intersection at a cost to the Developer of $100.00: Silver Oak Lane & Many Oaks Dr South Oak Grove, Phase II, Section 2 CFA code: 2005166 December 28, 2005 RECEIV t, N CA W E ENON AVE. S EVERMAN PKWY. SHELBY RD. NTS OAK GROVE— w w RISINGER RD. SHELBY RD. Q � �� � o � o ti o a McPHERSON RD. 0 SITE OAK GROVE RD. E GARDEN ACRES DR. LOCATION MAP SOUTH ® AIS GROVE SECTION II PHASE II MCPHERSON RD. i i I 45B / ,. 46A �iSB I 45A 146E 55A 44B ` %y 1 6Q� 47A�13 ' 44A I r 60B 47B ------�-! 43E I I (-'I'-----� 61A I --- I I 48A � -- 618 43A-R 42B-R I I L� - 48B I -_6-24 49A , --62B - --� 42A-R r------I �: I------i 63A 41B-R 49B -------I- ' I 63B ' 41A-R I I i 50A 64A I ' 64B 40B-R I I 50B , - ! -SILVER-0AK-L4N-E- - N PAVING wE EXHIBIT "A" S FOR N.T.S. SOUTH OAK GROVE LEGEND ESTATES 0 PAVEMENT SECTION II - PHASE II (MANY OAKS COURT) U N O O N N N n n GORDON S. SWIFT W CONSULTING ENGINEER INC. 900 mw"SL sic.a.FORT W+M Utui 761c2-s392 (en)335-6/64 MCPHERSON RD. li 45B 46A 55B -4--J 45A 146B 44B 44A I F,-OB 47B -1-j 43B I I F-F 61.4 48A 43A-R J 48B 61 4 -4-2—B-R--1 42A-R 49A 6,3-A 41B-R I I 49B F-F- J 41A-R I I i 50A 'A 40B-R I I 50B _j —SILVER-OAK-LANE- 77A 95A 1 83 77R N STREET LIGHT W E EXHIBIT LEGEND s FOR EXISTING STREETLIGHT N.T.S. 0 SOUTH OAK GROVE PROPOSED STREETLIGHT ESTATES SECTION 11- PHASE 11 (MANY OAKS COURT) MLI O O ry GORDON S. SWIFT C2NSULTING ENGINEER INC. . S,_ f T wWTK TES.76102-6392 (81� - TEXAS. ) 335-6".