HomeMy WebLinkAboutContract 34210COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.—
,�t
WHEREAS, Emory Place, L.P. hereinafter called "Developer", desires to make
certain improvements to Emory Place 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, 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:
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 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.
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy.
1 "N
w��'l�"1:1:
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 alleL-ed neelieence of
the City of Fort Worth, its officers, servants, or emplovees
H. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
I. 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).
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)Attached
Storm Drain (B-1) Attached, Street Lights and Signs (C) Attached.
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
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, 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 $554,281.03.
3
SUMMARY OF
COST
Emory Place II
Item
A. Construction
1. Streets
2. Storm Drainage
3. Street Lights
4. Street Name Signs
B. Engineering Design
C. Construction Engineering
and Management by DOE
(4%) $
D. Materials 'Testing by DOE
(2%) $
TOTALS
Developer
Cost
$315,223.05
$174,410.00
$33,800,00
$1,470.00
19, 585.32
9,792.66
$ 554,281.03 $
City Cost Total Cost
$ -1
$ 315,223.05
$ 174,410.00
$ 33,800.00
$ 1,470.00
$ -
$ 19,585.32
$ 9,792.66
- 1 $ 554,281.03
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.
4
t � ,T:, -F
o1: 6 i l B
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, and said Developer has
executed this instrument in triplicate, at Fort Worth, Texas this the day of
, 2006.
Approval Recommended:
M&C ItI:JIik.;..
ATTEST:
Marty Hendrix
City Secretary
ATTEST:
Corporate Secretary
5
RECEIVED
JUL 2 t, 2006
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City o ort o h
Marc Ott
Assistant City Manager
DEVELOPER EMORY PLACE, L.P.
By: EMORY PLACE, L.L.C.,
Its General �Pjartner
By: GIJC. USL,K�
Nrl McBee
UNIT III: STORM DRAIN
ITEM
NO..
APPROX.
QUANTITY
DESCRIPTION OF ITEMS WITH
BID PRICES WRITTEN IN WORDS
UNIT
PRICE
TOTAL
AMOUNT
(Furnish and install, including all appurtenant work, complete in
place, the following
items)
'
24-inch RCP storm sewer (all depths).
1-.
334 LF
@" �a��y-:'✓� �o//a.r
Q,Va! do caoifs
per Linear Foot
36-inch RCP storm sewer (all depths).
2.
94 LF
@ rr an�
per Linear Foot
66-inch RCP storm.sewer (all depths).
3. -
228 . LF
7 Ve 0 6 11aer C2--/ A t 2n fS
$ 22S Oa
$ S/ 30o. as
per Linear Foot
1-0-foot curb inlet. (all depths, includes
4'
5 EA
bolting and chaining of manhole cover).
@ �a thauSan�i �b/_
$ D0.0
$ /D_ Ooo:OQ
per Each
20-foot curb inlet (all depths, includes
5.
1 EA
bolting and chaining of manhole cover).
..
Fdur
OQ
$ yde0.oa
g2„d/' /lld COA
C =
per Each
y
1- .::.
Type 5 Storm Sewer Manhole (all
6. -
1 EA
depths).
$
per Each
Sawcut and'De'molish Existing Concrete
7.
1 LS Channel (includes demolition and haul -
off)
$ $
and Na r e-Ils
per Lump Sum
24-inch Type "B" Headwall (complete in
9.
2 EA place).
(@ '4/ a,e Zeey
$ /Ma-ao $ -Uoe.ao,
4z of e-1 41,1 0-el 741-
per Each
1 8-inch — 24-inch Rip Rap (complete in
298' SY place, included grading swale to drain),-
:Io &rs an
$ W/ Vd $ 17 "0 00
7r
per Square Yard
Reinforced.. Concrete Rip Rap per City. of
10.-
..1360 SY Ft Worth Specifications (complete in -
place including toe walls in Channel)
$ 0
per Square Yatd
TxDot Concrete Headwall with Parallel'
i EA Wingw'alls', CH-P . W-0 (comiplete in
place)
7.500.&
0q.114lo* Ce
per EA
TOTAL AMOUNT BID STORM DRAIN
ON
$ - 17y, iYA9 06
Upd2ted 05/16/200 - 5
UNIT IV: PAVING IMPROVEMENTS
- 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)
1. 11,415 SY
6-inch reinforced concrete pavement
(29' B-B, 5-inch parabolic crown)
4
including standard 7-inch curb and
gutted
-
@ /due � - //a,s
. _ •
per Square Yard'.
2. 182 TON-
Hydrated lime (30 lbs/sy). .
@ /1/.'n - e&At /
98.0*0 /7. R3G.00
4n r
per Ton
3. 12,109 SY
Manipulation and compaction of
subgrade with hydrated lime.
@ One �a//o�� a•�J S
/.9S 423.6/2.55
eiff-A'✓e _Cents
per Square Yard
4. 5,068 - SF
Concrete Sidewalk (4' Wide).
@ T ,o 061/a.r Q„j
a.�s • s. 1.3, 937 Al
-
t:jMiije� Avp Qenfr
-
per Square Foot
.5. .3 EA
Connect to existing pavements (all
s
0 0 o. o o s 3. 0 o o• a 0
types, including sawcuts, traffic
control devices). @ On e.
per Each.
.TOTAL AMOUNT BID PAVING $ 31S; 2 23.05
B-8
Updated 05/16/2005 vI All, vS5%iti 1
TOTAL AMOUNT BID WATER
$ /3�, .Z SO• SD
TOTAL AMOUNT BID SEWER
$ 1(0 D
TOTAL AMOUNT BID STORM DRAIN
$ / 7 Y L//D• DO
TOTAL AMOUNT BID -PAVING
$ 3/S, 22 3. �OS .
GRAND TOTAL AMOUNT BID
$ 789, 823. 8-S
B-9
Updated 05/16/2005
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, 1918, 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 fuznishing 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 calendar days. after issue of the work
order, and to complete the contract within V_ working days after beginning construction
as set forth in the written work order to be birnished 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
B-10 I FMr.1r^1'�Nn,;-OC1.lIh"-JU
Updated 05/16/2 05�v���
� ;�If
place of business, are not required to underbid resident bidders.
XB. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
SkL M;itd by:
Updated 0511612005
III STREETLIGHTS
I. STREETLIGHTS COST ESTIMATE:
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS
6 EA
$ 2,600
$15,600.00
MID -BLOCK RESIDENTIAL
4 EA
$ 2,600
$10,400.00
CHANGE OF DIRECTION RESIDENTIAL
3 EA
$ 2,600
$7,800.00
MID -BLOCK COLLECTOR
0 EA
$ 2,600
$00,000.00
MID -BLOCK ARTERIAL
0 EA
$ 3,200
$00,000.00
MID -BLOCK ARTERIAL MEDIAN
0 EA
$ 3,200
$00,000.00
RELOCATE EXISTING LIGHT
0 EA
$ 1,650
$00,000.00
Subtotal $33,800.00
City's Cost $00,000.00
Developer's Subtotal $00,000.00
4% Inspection fee $0,000.00
Project Total $00,000.00
Adjacent Developer's Cost $00.000.00
Developer's Cost $33,800.00
DEVELOPERS COST: $33,800.00
CFA CODE # 2006085
Emory Place, Phase II
Fort Worth, Texas July 25, 2006
PAGE 1 OF EXHIBIT "C"
II. STREETLIGHTS 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 of Fort Worth will install all the streetlights that use overhead or underground
conductors on residential, and collector streets. The developer agrees to pay the City of
Fort Worth the amount shown below prior to the City starting its design efforts, at the option
of the developer and at their expense they may purchase the poles, fixtures, and mast arms
from the City in order to assure compliance with city material standards
4. Street lights on arterial streets shall be installed with underground 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 operations of the street light system
6. The estimated cost of this streetlight installation is detailed on page (1) of exhibit "C" and is
summarized below. The streetlights will remain the property of, and will be maintained by
the City of Fort Worth.
DEVELOPERS COST: $33,800.00
July 25, 2006
CFA CODE # 2006085
Emory Place, Phase II
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
INTERSECTIONS:
Iona Dr & John T White Rd 1
Iona Dr & Seton Hall Dr 1
Iona Dr & Fairfield Ct 1
Iona Dr & Canisius Ct 1
Iona Dr & Kuban Blvd 1
Providence Ct & Fairfield Ct 1
MID -BLOCK:
Seton Hall Dr 2
Iona Dr 1
Canisius Ct 1
CHANGE -OF -DIRECTION:
Canisius Ct 1
Providence Ct 1
Fairfield Ct 1
CFA CODE # 2006085
Emory Place, Phase II
PAGE 3 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 $245.00 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 six (6) intersections at a cost to
the Developer of $1,470.00:
Iona Dr & John T White Rd
Iona Dr & Seton Hall Dr
Iona Dr & Fairfield Ct
Iona Dr & Canisius Ct
Iona Dr & Kuban Blvd
Providence Ct & Fairfield Ct
Emory Place, Phase II
CFA code: 2006085 July 14, 2006
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VICINITY MAP
N.T.S.
Ex, Conc.—
Curb & EX. 8" place i
Gutter Emory 4422
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47 46 45 44 43 42
33
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_- . _ - — - -< _ _ - -o�
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. l H.O.A. LOT i`"� - _ - _ - �' - ...� .��. S�JI
1 e DE PROP 4'X fONA DRIB - -
2 3 SIDEWALK 7 8 9 10 11 12 13 14 15 16 17 18 19
SIDEWALK E:x. 4S;phalt 20 .I
—(DEVELOPER) 5 vA/ Open
I �rM'Y
ditch
Is'W
E• ��.
59 2 6 U
60 65
1
61 64
—PROP 4'
NOTE.•
1. Sidewalk Location As Approx.
2. 4' Concrete Sidewalks along lono, Seton Hall
Providence, Fairfield and Conisius to be Constructed by
Paving Contractor. EXHIBIT "B"
J 4' Concrete Sidewalks Along John T. white Bird., PAVING FACILITIES
H.O.A. Lot 1, Block Sy H.O.A. Lot 54, Block 2 &
H.O.A. Lot 10, Block 4 to be constructed by EMORY PLACE II
Paving Contractor TARRANT COUNTY
-1
NORTH
SCALE- 1 , = 200
LEGEdQ
PROPOSED
O
BL= D
+t17'a�`i'v�a"V
2B' PAMil4lJ►-4tOADWAY
V SDEMALK (BY MUMPER)
. - ... ,
4' SDEMALK (BY M LDERS)
DONOHUE ENGINEERING, INC.
IYI Bll![ LT OPfr[
IE1OIlIlE 1CIL9 '14P11
Iml as -vow
SUMMED: Apra, 2006 DE9GNED BY' ND
SCALE: V - 200' DRAM BY: OSP
DATE ApA, 2008
Ex. Conc.
Curb &
Gutter
;.t
PROP 24"
Place' PROP
Em D. E 4422
�� 0.02 CHANNEL
y2 I _ 21 I 20 ' 19 I 18 ' 17 ` 16
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P:OVID".NCE COU T I
4b 45 44 43 42 59 I'�6 (I 4 — -
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36" - 1 80 65
SWR. 1 61 1 2
137 JB 39 40j
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1I
8 9 Ill11 12 13 14 15 16 17 18 19 20
7 I ;i Ex. :.sphalt .I
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EXHIBIT "B-1"
STORM DRAIN FACILITIES
EMORY PLACE II
TARRANT COUNTY
NORTH
SCALE: 1 " = 200'
STORM SEWER
S70M SEMEN W/ INLEr
STORM SEWER W/ MANHOLE
oBLOCK ID
DONOM ENGINEERING, INC.
,ter wuc �.r owK
Is.unua rzm xon
SUBMITTED: Apra. 2DD6 I DESIGNED BY: MD
SCALE: 1' - 200' DRAWN W. DSp
DATT Apr6, 2006