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HomeMy WebLinkAboutContract 36711 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No., WHEREAS, XTO Energy Inc., a Delaware Corporation, hereinafter called "Developer", desires to make certain improvements to XTO — Binyon O'Keefe (W. 7'h and Calhoun) , 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, Denton and Wise 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: 1. 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, is hereby incorporated into this Community Facilities 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. 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. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. 'IVY 3W1-K1-HPQy Project Name 1 �, `: ', ''.`?VIH17�N CFA Number 03-05-08 A10:28' I N Date E. The Developer shall award all contracts for the construction of community facilities in accordance with Section Il, paragraph 7 of the Policy. F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. 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. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. 1. 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). J. 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). Project Name 2 CFA Number Date K. 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. L. 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. M. 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) None Storm Drain (B-1) Attached; Street Lights and Signs (C)None. N. 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 Exhibit B-1. 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 Exhibit B1. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 81,884.34 Project Name 3 L `D' CFA Number '� wlc` ra %v Date �� iitJ'i1.".�I�� II LS Gtla SUMMARY OF COST XTO - Binyon O'Keefe Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $0.00 $ - 2. Storm Drainage $77,249.38 77,249.38 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ - B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 3,089.98 3,089.98 D. Materials Testing by DOE $ $ 2% 1,544.99 1,544.99 $ $ TOTALS 81,884.34 $ - 81,884.34 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. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. Project Name 4 CFA Number Date IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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, awn said D v 'o e executed this instrument in triplicate,at Fort Worth,Texas this thea day of 12008. Approval Recommended: Transportation and Public Works Department Q"W.A44Z A �<0 bert Goode,P. E. irector City of Fort Worth NO M&C REQUIRED Fernando Costa, Acting Assistant City Manager ATTEST: Marty Hendrix City Secretary Approve to Form Assistan rty ttorney ATTEST: DEVELOPER XTO Energy Inc. r�� - -- A Delaware Corporation By: LL) %oTerate Secretary Joy ebster Vice President, Facilities Project Name S CFA Number Date .. l o _ W U O Q 0 a V Z o+ vT � � o Ln o Z °d r LLI z0 v �F O ct �•� w O O w\�GJ �O CL z U ' �uj UJ z � cn pas O O r J ti O ' G Q a CSO ~ x w Y m w m m Y O C O T C D U N Q U v O D O P u Z U O O N lD N Li O p II o O N W � f.7 w ei Z as J O o N o m r , mLn Wa = oo Q X Lw 10LU W F� I ---- ----- ------------------------------L ------- I IX m y w�I d 131N1 ,01 w J 2 O n1Z Q a y z m N~O a W� 1Z � o 1 o ' U � ' w I_ J ti- Q- -X K. d N L 31CAIdd m J GUARDRAIL 7 131N I,0 t I I v TAT FM 1 IR 11 I Ib 11 Ir 14. II [ v w yi I 4- 0 U II I U I Y II I O I II n i m 4- m W W m Y z z Z o W J [ CD z W z - �- c J a v a rr_ W IX -i o > M W J p U :2 F O 3 Q IX W S O p ID O J z Q LL, c F- z Q W In O o V) - 2 V) F- o d O O O O - Cr x - o d d d d W J Z 0 _ o IC I :::s: `I € €€ 7 WN .TRIE ...FO T. QR..k ....EXAS....a 51. ............................................... CFA Estimate for: XTO - Binyon O'Keefe 7th Street & Calhoun Street December 7, 2007 CONSTRUCTION COST SUMMARY STORM DRAIN 77,249.38 TOTAL DEVELOPER BOND AMOUNT $77,249.38 FEE COST SUMMARY CITY INSPECTION FEE (4%) PAVING AND DRAINAGE $3,089.98 CITY MATERIALS TESTING FEE (2%) PAVING & DRAINAGE $1,544.99 w tf Ir �1 J J=i' i.5 l7 C✓�ka'i' CITY 6`3,1'-�-1k U�ff GAJ0B\014642\ESTICFA\B0K\B0K CFA.xIs Page 1 of 2 ?GA ' FIE31<JSS II ' �e ....' :.......... .:':.:.:.:.:.:.:.:.:.:._:.:.:._:.:.:.:.:':.:.:.:.:.:.:.:.:.:.:.:.:....................:.......:': ...... 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CFA Estimate for: XTO - Binyon O'Keefe 7th Street & Calhoun Street December 7, 2007 STORM DRAIN SYSTEM Item No. DESCRIPTION QTY UNIT PRICE AMOUNT 1 24" CLASS III RCP 261 L.F. 89.74 23,422.14 2 21" CLASS III RCP 29 L.F. 68.98 2,000.42 3 18" CLASS III RCP 8 L.F. 150.00 1,200.00 4 ASPHALT PAVEMENT REPAIR 200 S.Y. 44.00 8,800.00 5 10' MODIFIED CURB INLET 2 EA. 2,750.00 5,500.00 6 10' STD CURB INLET 1 EA. 6,000.00 6,000.00 7 4'SQUARE MANHOLE 1 EA. 7,500.00 7,500.00 8 TRENCH SAFETY 298 L.F. 9.67 2,881.66 9 REMOVE 5 EXIST GRATE INLETS 1 L.S. 1,000.00 1,000.00 10 REMOVE 238 LF OF EXIST RCP 1 L.S. 13,880.16 13,880.16 11 CLASS B CONCRETE MISC PLACEMENT 5 C.Y. 115.00 575.00 12 CLASS E CONCRETE MISC PLACEMENT 5 C.Y. 120.00 600.00 13 CRUSHED LIMESTONE 5 S.Y. 312.00 1,560.00 14 1 BALLAST STONE 5 S.Y. 370.00 1,850.00 15 STORM WATER MANAGEMENT 1 L.S. 480.00 480.00 TOTAL-STORM DRAINAGE SYSTEM $77,249.38 G:1JOB10146421EST\CFA1BOKIBOK CFA.xIs Page 2 of 2 PART B—PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: (developer's name) PROPOSAL FOR: XTO—Binyon O'Keefe, 7'Street and Calhoun Street WATER PROJECT NO. P264-609150068083 SEWER PROJECT NO. P274-709130068083 FILE NO. SD-0175 X NO. 19807 Includes the furnishing of all materials,except materials specified to be furnished by the City,equipment and labor for the installation of water, sanitary sewer, and storm drain facilities and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: XTO-Binyon O'Keefe,70'Street and Calhoun Street (project name) Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents,aad the General Contract Documents and General Specifications for Water Department Projects, the General Contract Documents and General specifications for Transportation and Public works Projects,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 fuznished 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: IDI ElJ ,l � Off 'RAIPY T1s NAJOB10131591.Spec%13159.00IUdWcs.doc B-I Updated 05/1'6h005 9 `4 ° 1 ' UNIT III: STORM DRAIN (Furnish and install,including all appurtenant work,complete in place,the following items) Item Approx. Unit Item Description Unit Total No. Quantity Measure "D"Item reference Price Amount ment UNIT III—STORM DRAIN RvIPROVEMENTS 1. 261 L.F. 24"Class III RCP,Complete in Place as Shown in Plans, Per Linear Foot Dollars& Cents $ %9 $ 2. 29 L.F. 21"Class III RCP, Complete in Place as Shown in Plans, Per Linear Foot Dollars& q o Cents $ G8• $ :1 a o 3. 8 L.F. 18"Class III RCP,Complete in Place as Shown in Plans, Per Linear Foot Dollars& Cents $ �O $ 4. 200 S.Y. Asphalt Pavement Repair per City of Fort Worth Standards as Shown in Plans, Per Square Yards Dollars& Cents S $ $Boo 5. 2 Ea. 10'Modified Curb Inlet Complete in Place as Shown in Plans, Per Each Dollars& Cents 6. 1 Ea. 10' Standard Curb Inlet Complete in Place as Shown in Plans, Pet Each Doll Cents& $ Q�.Ooo $ (�Q 00 4 N:UOBV3159\Spec1013159.001Utffl ies.doc B-7 Updated 05/16/2005 Item Approx. MUnittre Item Description Unit Total No. Quantity went "D"Item reference Price Amount UNIT III—STORM DRAIN IMPROVEMENTS 7. 1 Ea.. 4' Square Manhole, Complete in Place as Shown in Plans, Per Each Dollars& � o $ ? 00 tv Cents S' 8. 298 L.F. Trench Safety, Per Linear Foot Dollars& 6 66 Cents $ , $ 9. 1 L.S. Remove Five Existing Grate Inlets as Shown in Plans, Per Lump Sum Dollars& Cents $lb�o $ l o00 10. 1 L.S. Remove 238 L.F. of RC Pipe as Shown in Plans, Per Lump Sum Dollars& Cents $r3B$�16 $ 138 a o 11. 5 C.Y. Class`B"(2500 psi)Concrete for Miscellaneous Placement, Per Cubic Yard Dollars& 00 � Cents $ 12. 5 C.Y. Class`B"(3 000 psi) Concrete for Miscellaneous Placement, Per Cubic Yazd Dollars&: 1 060 (;0Cents $ N_UOB\0131591Spcc\013159.00lUGlitiu.doc B-S Upditd 05/162005 Item Approx. unit., Item Description Unit Total l No. Quantity a "D"Item reference Price Amount ment UNIT III—STORM DRAIN IMPROVEMENTS 13. 5 S.Y." Crashed Limestone as Directed by the Engineer, Complete in Place, Per Square Yard Dollars& Cents CP $ v 14. 5 S.Y. Ballast Stone as Directed by the Engineer, Complete in Place, Per Square Yard Dollars& 00 Cents $ \"b�0 15. 1 L.S. Storm Water Management, Per Lump Sum Dollars& 00 Cents $ ��O $ o TOTAL-BID STORM DRAIN $ 171 N:UOBW1315Mpec1013159.00IUt ities.doc B-9 Updated 05/162005 SUMMARY TOTAL AMOUNT BID WATER $ TOTAL AMOUNT BID SEWER $ r7&4 TOTAL AMOUNT BID STORM DRAIN $ .S$ GRAND TOTAL AMOUNT BID $ NV0B16.1315.ASpec\013159.001Utilitics.doc B-10 Updated 05/162005 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 filmishing 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_2,�L calendar days after issue of the work order, and to complete the contract within_Jg 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. 4 company or The principal place of business of our company or our parent compaor majority owner is in the State of Texas. NAJOB\013159\Spec1013159.001Uhliflmdoc B-11 Updafrd 05/162005 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, By: Title so Address qOS +1 Telephone: Telephone: Si n (sem) Date: •, • Q /Pled N.UO131013159LSpec1013159.001UtiIities.doc B-12 Updated 05116!2005