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HomeMy WebLinkAboutContract 33258 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary J COUNTY OF TARRANT § Contract No. 331p WHEREAS, Harmon Road/287 Partners, L.P. and 287/156 Partners, L.P., hereinafter called "Developer", desires to make certain improvements to Ridgeview Farms Phase 2, 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 H, of the Policy. CFA-tpw.doc 1 Cirf MCIENY FT. �:p01TH, 0. 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 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 file exhibits attached hereto. The following exhibits are madealc;! �� �i URI CFA-tpw.doc 2 FYI 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. 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, B1, 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, B1, 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 $536,182.68. SUMMARY OF COST Ridgeview Farms Phase II Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $445,857.50 445,857.50 2. Storm Drainage $67,472.00 67,472.00 3. Street Lights (4% $ Inspection) $1,520.00 1,520.00 4. Street Name Signs $800.00 800.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 20,533.18 20,533.18 TOTALS 536,182.68 $ - 536,182.68 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. 4 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 a loper has executed this instrument in triplicate,at Fort Worth,Texas this thea-�ay of � , 2006. RECEIVED Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director City f o orth NO M&C REQUIRED Marc Ott Assistant City Manager ATTEST: - HARMON ROAD/287 PARTNERS, L.P., A Texas Limfltep Partnership Marty Hendri By: Orinda Capital Partners, L.P., A Texas limited partnership, City Secretary its General Partner 4;lstan oved as to F By: Orinda Man Inc., exas orporati n, i Gener 1 City A �omey By: J s J. Melino, e President ATTEST: 287/156 PARTNERS, L.P., A Texas Limited PMnership By: r Orinda apital Partners, L.P., A Texas limited partnership, Corporate Secretary its General Partner By: Orinda Managers, Inc., A Texas C orati it ener Pa r By: J J. Melino ice President910ARTH „J� 9CFA-tpw.doc 5 FT, I EI DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID SECTION C—STORM DRAIN SYSTEM 440 1. 74 L.F. 21"Class III R.C.Pipe,Including Trench Excavation and Backfill, Per Linear Foot Fo Dollars& No Cents $40.00 $2,960.00 440 2. 450 L.F. 24"Class III R.C.Pipe,Including Trench Excavation and Backfill, Per Linear Foot Forty-Four Dollars& No Cents $44.00 $19,800.00 440 3. 396 L.F. 30" Class III R.C.Pipe, Including Trench Excavation and Backfill, Per Linear Foot Fifty-Two Dollars& No Cents $52.00 $20,592.00 525 4. 920 L.F. Trench Safety, Per Linear Foot One Dollars& No Cents $1.00 $920.00 410 5. 1 Ea. Remove Headwall and Connect to Existing 30"R.C.P. (includes Grade to Drain Excavation), Per Each One Thousand Two Hundred Dollars& No Cents $1,200.00 $1,200.00 r444 6. 5 Ea. 10' Standard Curb Inlet, Per Each Two Thousand Two Hundred Dollars& No Cents $2,200.00 $11,000.00 444 7. 4 Ea. Standard 4' Square Manhole, Per Each Two Thousand Five Hundred Dollars& No Cents $2,500.00 $10,000.00 N:JOB\011739\spec\011739.020.DOC B-9 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID SECTION C—STORM DRAIN SYSTEM 410 8. 1 LS. SWPPP Maintenance Bond Per Lump Sum One Thousand Dollars& No Cents $1,000.00 $1,000.00 SECTION C-STORM DRAIN SYSTEM $67,472.00 i N:UOB1011739\spec1011739.020.DOC B-10 1 SECTION D—PAVING IMPROVEMENTS Furnish and install,including all appurtenant work,complete and in place,the following items APPROX ITEM QTY&UNIT OF ITEM DESCRIPTION UNIT TOTAL NO. MEASUREMENT "D"ITEM REFERENCE PRICE AMOUNT fSECTION D–PAVING IMPROVEMENTS 1 16,749 S.Y. 6" Lime Stabilized Subgrade(Includes Preparation of Subgrade), Per Square Yard r One Dollars & Ninety Cents $1.90 $31,823.10 2 251 TON Lime for Subgrade(30#/S.Y.),* Per Ton Ninety-Eight Dollars& No Cents �i $98.00 $24,598.00 3 16,184 S.Y. 6", 29' B-B Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached li Concrete Curb), Per Square Yard Twenty-Two Dollars & Eighty-Five Cents $22.85 $369,804.40 4 58 L.F. Standard Concrete Street Header, Per Linear Foot Thirty Dollars& No Cents $30.00 $1,740.00 5 58 L.F. End-of-Road Barricades per Details, Per Linear Foot Twenty Dollars& E No Cents $20.00 $1,160.00 6 138 L.F. Remove 7"Curb&Gutter, Per Linear Foot Six Dollars& No Cents $6.00 $828.00 7 87 L.F. Remove Barricade and Connect to Existing Pavement, Per Linear Foot ITen Dollars& No Cents $10.00 N:1JOB\0117391spec\011739.020.DOC B-11 4 APPROX ITEM QTY&UNIT OF ITEM DESCRIPTION UNIT TOTAL NO. MEASUREMENT "D"ITEM REFERENCE PRICE AMOUNT SECTION D—PAVING IMPROVEMENTS 8 830 L.F. Construct 4' wide Concrete Sidewalk, Complete in Place for the Sum of Ten Dollars& No Cents $10.00 $8,300.00 9 4 EA. Barrier Free Ramps, Per Each i Eight Hundred Fifty Dollars& No Cents $850.00 $3,400.00 10 1 L.S. Storm Water Pollution Prevention Maintenance, Per Lump Sum One Thousand Dollars& No Cents $1,000.00 $1,000.00 11 28 L.F. 24"White Thermoplastic Stripe, Per Linear Foot Twelve Dollars& No Cents $12.00 $336.00 12 156 L.F. 12"White Thermoplastic Stripe, Per Linear Foot Eight Dollars& No Cents $8.00 $1,248.00 13 1 L.S. Traffic Control for TxDOT Per Lump Sum Seven Hundred Fifty Dollars& No Cents $750.00 $750.00 SECTION D—PAVING IMPROVEMENTS $445,857.50 City of Fort Worth requires a minimum of 30#/S.Y. The Paving Contractor will be responsible for a lime series test as directed by the City of Fort Worth Construction Inspection Department. Owner shall be responsible for installation of all silt barriers, sediment traps, check dams, and seeding. The Earthwork contractor shall be responsible for the"Construction Entrance/Exit" installation. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act. N:UOB\011739\.spec\011739.020.DOC B-12 Taxes: All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11,enacted August 15, 1991. i Summary Section A—Water $248.973.00 Section B—Sanitary Sewer $253.542.50 Section C—Storm Drain $ 67,472.00 Section D—Paving $445.857.50 GRAND TOTAL S.1,015,845.00 N:UOB%0117391spec\011739.020.DOC B-13 Off ���H� MOAT VV �nU PART B- PROPOSAL (Cont.) After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required is to become the property of the Developer. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The successful bidder shall be required to perform the work in accord with the following publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, which may be purchased from the Water Department 2. The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation & Public Works. . The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within_working.days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. X B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. w N:WOB\011739\spec\011739.020.DOC B-14 � ' ����, I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (initials) Respectfully submitted, Conatser Construction TX, L.P. By: ry onats r, President of Conatser Management Group, Inc., G.P. Address P.O. Box 15448 Fort Worth, TX 76119 Telephone: 817-534-1743 (Seal) Date: n er-e..,h cr l s. 20 oS WJOB\011739\spec\011739.020.DOC B-15 : ; I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 8 EA $ 2, 000 $16, 000.00 MID-BLOCK RESIDENTIAL 7 EA $ 2, 000 $14, 000.00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2, 000 $8, 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 $38,000.00 City's Cost $00,000.00 Developer' s Subtotal $38,000.00 10% Contingency $00,000.00 Project Total $00,000.00 Adjacent Developer' s Cost $00,000.00 Developer's Cost $1,520.00 4% Inspection Fee $1,520.00 CFA CODE #2005149 DEVELOPER' S COST: $1,520.00 RIDGEVIEW FARMS, PHASE II November 12, 2005 Fort Worth, Texas January 30, 2006 (REVISED 1/26/2006) PAGE I 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 eight (8) intersections at a cost to the Developer of $800.00: Harmon Rd & Running River Lane Harmon Rd & Tribute Lane Constance Dr & Running River Lane Running River Ct & Running River Lane Albany Dr & Running River Lane Albany Dr & Tribute Lane Running River Lane & Devonshire Dr Realoaks Dr & Devonshire Dr Ridgeview Farms, Phase II CFA code: 2005149 November 12, 2005 tc r o LL 0 o 4 C O � N tt U co Z M N W C mW� Z Q o U�°s a w J Q LPWT—u15 —H1!!OM 1W V zO H F O / Z S v Z --- 11R1"I u to N1a0r laoj t/ llRl'1 J.113 MUNI s i t M t O r i CITY OM u 4 c � C C II CY 6 cc tw - in m W WLjj Cc w W O s LXLJ W ` F� ---------- It ----•---- �_._. t t a ' r= CD W ;i �WtnZ -iWQ mOJ R F—W0 Q r-J W O %C C7 Cr F—W J^ w� N JCL2F— JZWO O ;ry QF— Z QO>ZF— y� 3=tnFiW �J—QCrW Wr2 <W g m ZOO -+---�- = `' is ------%p �' OO CL O OOF^ --7 -UC7OO -OC7QU r N ZJW tnZZO � g 3. cru W-WF- a-9=9=CD OmO>F- O Z W M1 % 00-Om O<mo-W J OM F-V) O LL.QC) MWC9Q 9rZ02ZM N dOZcrW d0 -F- W J-Wm MWMZIn z (; F- -MCl crOOZZ g4 O .»WO Q-Cr=)O R Z -mOOF- NStnLL-CrU R o a R V O Y >R a iJ w ll72I c e © � 3o w }' w Ai. 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