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HomeMy WebLinkAboutContract 37061COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Watercolor Partners L.P., hereinafter called "Developer", desires to make certain improvements to Watercolor, 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. Watercolor Apartments 2008010 02/18/2008 1 E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, 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 nezliaence 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. 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). Watercolor Apartments 2008010 02/18/2008 vhl a C=�Il� I�°e1 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 %J 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 (A4) 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 Developers) 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, Bl 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. B 1 and C. The estimated total cost of current improvements and related support services specified in this agreement, Watercolor Apartments 3 '���'`'' 2008010 7 4 02/18/2008 including design, SUMMARY OF COST Watercolor Apartments Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $12,970,00 $12,970,00 2. Storm Drainage $20,227,00 $207227,00 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ B. Engineering Design $ C. Construction Engineering and Management by DOE (4%) $17327,88 $1,327488 D. Materials Testing by DOE (2%) $663.94 $663.94 TOTALS $35,188,82 $ - $357188,82 Notes: l . 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. '� Watercolor Apartments 4J 2008010 d L } 02/18/2008 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 executed this instrument in triplicate, at Fort Worth, , 2008. Approval Recommended: ATTEST: City Secretary ATTEST: Corporate Secretary Watercolor Apartments 2008010 02/18/2008 City affixed, and said Developer has Texas this the O.Lik day of Transportation and Public Works City ofortli� Fernando Costa Assistant City Manager DEVELOPER Watercolor Partners L.P. William Boecker, Manager r F I NLO o LO00 Emm, IL V) < NLLM Q� o ~ = w X X w Y �,_X� " V) w 1. U Owls QLLI O �— I- Q Z -J N a:r-,I m0�� " "O Q�cn Qo OZ>U "Q o QOwOOZ W O N O 0 0 V) Z " W 0 Li I QUU)ZwQ Z O�w "<%~ W Z Lo C� cy Jw w��� Z mUOZ OUj F� LLm Q H � wF ~m0�� �-- > r- o LOU O Q LLI LLJ a o N o m — ZIt O I �h Z p Oww w� O Z V _ p 2 N w Q��I-I� m O^L W ZO Z� Y� TMM Emmi Q O � 00 N O H U U � Z ry w m J m � O w ._ , err. ,+\� i' Z m lz WAJ m gz cc 3Q O 5 N a o p 3 0 LO 4 J a V z $ R 0 s w s o ff :. ��•. IL --- - —IFFF j j it �J t f{ I f may, 'fr p� o4 �ni�►Q--N�artvs--�ntf21 � r- - �'''`-� =�:3AQa.:-N3ft�2LY`.1�==�IStILf __ j 1 .zr�ets ,�,s�.t000ry _ — --- co � _ _ _ J_ W n^ LU cn co f Z �n a J+\ Q of NOD OD O Nut LU Ow�a_v 'I '��C j I� En Q Nvcq �' N tot ¢am o [a CSt (i °p o N fir- ............ ....... ....... ci aan Z EXHIBIT B CONSTRUCTION COST ESTIMATE PROJECT NAME: Watercolor ACREAGE: 27.24 PHASE: D A T E: 31-Jan-08 BY: CHECKED: FILE NAME: 157200400 DATE PREP: 31-Jan-08 REVISED: APPROXIMATE UNIT PEI #: 157200400 TE RP TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT D.STREET PAVING 6" REINFORCED CONCRETE PAVEMENT SY 225 $36.00 SAWCUT AND REMOVE EX curb LF 194 $5,00 REMOVE CONCRETE SIDEWALK SY 130 $30.00 SUB -TOTAL STREET PAVING $8,100.00 $970400 $3,900000 ................... .................... �1 �9?flt�l is ................... MATERIAL TESTING FEES PERCENT 2.0% $_12,9.70.0_0 _ _ $2_59.40 INSPECTION FEES PERCENT 4.0%° $12,970.00 $518.80 TOTAL STREET PAVING $13,748.20 X:lprojects1157200400\Documents\CFAIWATERCOLOR CFA EXHIBITS.XLS, PATE ENGINEERS, INC. 1 of 1 EXHIBITB I t� seem :L 6{'ffi 'KN r ti n 0 ca o m 0 N O N 3 tn Z rn 4L J O O n z Li O EXHIBIT B-1 CONSTRUCTION COST ESTIMATE PROJECT NAME: Watercolor ACREAGE: PHASE: 27.24 D A T E: 31-Jan-08 BY: CHECKED: FILE NAME: 157200400 DATE PREP: 31-Jan-08 REVISED: APPROXIMATE UNIT PEI #: 157200400 TE TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT C.STORM SEWER SYSTEM 27" RCP 30" RCP 48" RCP 27" HEADWALL 30" HEADWALL 48" HEADWALL 7"-24" ROCK RIPRAP, INCLUDE Z EXCAVATION TRENCH SAFETY SUB -TOTAL STORM SEWER SYSTEM LF 30 LF 20 LF 22 EA 1 EA 1 SY 218 $44.00 $50.00 $104.00 $1,201.00 $1,255.00 $2,152.00 $50.00 LS 1 $111.00 $1,320.00 $1,000000 $2,288400 $1,201.00 $1,255.00 $2,152.00 $10,900000 $111.00 .......................... .......................... MATERIAL TESTING FEES PERCENT 2.0% $20,227.00 $404.54 INSPECTION FEES PERCENT 4.0% $20,227600 $809,08 TOTAL STORM SEWER SYSTEM A 'J a 5�7��,� °.r _ 4 $21,440.62 X:lprojects11572004001DocumentslCFA1WATERCOLOR CFA EXHIBITS.XLS, PATE ENGINEERS, INC. 1 of 1 EXHIBIT61 11I STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: INTERSECTIONS MID -BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID -BLOCK COLLECTOR MID -BLOCK ARTERIAL MID -BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHTS DEVELOPERS COST: $0.00 CFA CODE # 2008010 Watercolor Fort Worth, Texas PAGE 4 OF EXHIBIT QUANTITY UNIT COST TOTAL COST 0 EA $ 2,600 $001000.00 0 EA $ 2, 600 $00, 000.00 0 EA $ 2, 600 $00, 000.00 0 EA $ 2,600 $00,000.00 0 EA $ 3,200 $00,000.00 0 EA $ 3,200 $00,000.00 0 EA $ 3,000 $00,000.00 Subtotal $00,000.00 City's Cost $00,000.00 Developer's Subtotal $00,000.00 4% Inspection fee $0,000.00 Project Total $00,000.00 er's Cost $00.000.00 Adjacent Develop Developer's Cost $0,000000 February 20, 2008 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: $0.00 February 20, 2008 CFA CODE # 2008010 Watercolor PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: CFA CODE # 2008010 VUaterc®I®r PAGE 3 OF EXHIBIT "C" 1 2 3. Iv STREET NAME SIGNS 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. 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. This development creates the following zero (0) intersections at a cost to the Developer of $0.00. (No new intersections) Watercolor CFA code: 2008010 February 11, 2008 PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: Watercolor Partners, L.P. PROPOSAL FOR: Watercolor WATER PROJECT NO. P-264-602150097583 SEWER PROJECT NO. P-274-702130097583 FILE NO. W-2026 X NO. 20426 DOE NO. 5895 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of paving improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: Watercolor Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, 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 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: B-1 Updated 05/16/2005 UNIT I: WATER 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) (D-No. refers to related items in the Part D Special Conditions:) 1. 8-Inch Water Pipe*, See Sheet C3-1; Per Linear Foot: 85 L.F. Seventeen Dollars and No / 100's $17.00 $1,445.00 2. Connect to Existing Water Line, See Sheet C3.l;Per Each: 2 EA. Five Hundred Seventy Four Dollars $574200 $15148000 and No / 100's 3. 6-Inch Meter and Vault, See Sheet C3-1; Per Each: 2 EA. Nine Thousand Seven Hundred $9,776.00 $1%552.00 Seventy Six Dollars and No / 100's 4. Cast Iron Fittings See Sheet C3-1; Per Lump Sum: 1 L.S. One Thousand Six Hundred Sixty $19661000 $15661.00 One Dollars and No / 100's 5. Water Testing, See Sheet C3-l; Per Lump Sum: 1 L.S. One Hundred Eleven Dollars and No $111000 $111.00 / 100's 6. Trench Safety, See Sheet C3-1; Per Lump Sum: 1 L.S. One Hundred Eleven Dollars and No $111.00 $111000 / 100's TOTAL AMOUNT BID UNIT I: WATER *Type of Pipe Used PVC DR-14 I� B4 OBi;.00 Updated 05/16/2005 UNIT II: SANITARY SEWER IMPROVEMENTS ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN PRICE AMOUNT WORDS (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No, refers to related items in the Part D Special Conditions:) 1. 8-Inch SDR-35 P.V.C. Sanitary Sewer Pipe*, Variable Trench Depth, See Sheet C3.2; Per Linear Foot: 14 L.F. Fifteen Dollars and No / 100's $15.00 $210.00 2. 6-Inch SDR-35 P.V.C. Sanitary Sewer Pipe*, Variable Trench Depth, See Sheet C3.2; Per Linear Foot: 14 L.F. Fourteen Dollars and No / 100's $14.00 $196.00 3. 4-Inch SDR-35 P.V.C. Sanitary Sewer Pipe*, Variable Trench Depth, See Sheet C3.2; Per Linear Foot: 7 L.F. Thirteen Dollars and No / 100's $13.00 $91.00 4. Standard 4-Foot Diameter Manhole over existing Main, All Depths, See Sheet C3.2; Per Each: 1 EA Three Thousand Four Hundred $37413.00 $3,413500 Thirteen Dollars and No / 100's 5. Adjust Existing Sanitary Sewer Manhole, See Sheet C3.2; Per Each: 3 One Thousand Five Hundred $17500900 $4,500.00 EA. Dollars and No / 100's 6. Connect to Existing Sanitary Sewer, See Sheet C3.2; Per Each: 3 EA. One Thousand One Hundred Thirty $1,137.00 $3,411.00 Seven Dollars and No / 100's Updated 05/16/2005 7. Sewer Testing, See Sheet C3.2; Per Lump Sum: 1 L.S. Three Hundred Thirty Two Dollars $332.00 $332.00 and No / 100's 8. Trench Safety, See Sheet C3.2; Per Lump Sum: 1 L.S. One Hundred Eleven Dollars and $111000 $111.00 No / 100's TOTAL AMOUNT BID UNIT II: SEWER * Type of Pipe Used: 8" PVC Pipe (SDR-35) 6" PVC Pipe (SDR-35) 4" PVC Pipe (SDR-35) 14 LF 14 LF 7 LF 12 264.00 Updated 05/16/2005 UNIT I: PAVING IMPROVEMENTS ITEM APPROX0 DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN PRICE AMOUNT WORDS (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1. Sawcut and Remove Existing Curb, See Sheet C8.1;Linear Feet 194 L.F. Five Dollars and No / 100's $ 5.00 $ 970.00 2. Remove Concrete Sidewalk, See Sheet C8.1;Per Square Yards 130 S.Y. Thirty Dollars and No / 100's $ 30.00 $ 3,900.00 3. 6" Reinforced Concrete Pavement, See Sheets C8.14.2; Per Square Yard: 225 S.Y. Thirty Six Dollars and No / 100's $ 36.00 $ 8,100.00 TOTAL AMOUNT BID UNIT I: PAVING IMPROVEMENTS 12 970.00 GRAND TOTAL AMOUNT BID 12 970.00 Updated 05/16/2005 UNIT III: STORM DRAIN IMPROVEMENTS ITEM APPROX0 DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN PRICE AMOUNT WORDS (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions :) 1. Install: 27" RCP, See Sheets C7.1- C7.2; Per Linear Foot: 30 L.F. Forty Four Dollars and No / 1009s $44.00 $1,320.00 2. Install: 30" RCP, See Sheets C7.1- C7.2; Per Linear Foot:: 20 L.F. Fifty Dollars and No / 100's $50.00 $I,000.00 3. Install: 48" RCP, See Sheets C7.1- C7.2; Per Linear Foot: 22 L.F. One Hundred Four Dollars and No / $104.00 $25288000 100's 4. 27" Headwall, See Sheets C7.1-C7.2; Per Each: 1 EA. Twelve Hundred One Dollars and No $1,201.00 $1,201000 / 100's 5. 30" Headwall, See Sheets C7.1-C7.2; Per Each: 1 EA. Twelve Hundred Fifty Five Dollars $15255000 $1,255.00 and No / 100's 6. 48" Headwall, See Sheets C7.I-C7.2; Per Each: 1 EA. Two Thousand One Hundred Fifty $29152000 $27152000 Two Dollars and No / 100's 7. 7" - 24" Rock Rip Rap, including 2' Excavation, See Sheets C7.1-C7.2; Per Square Yard: 218 S.Y. Fifty Dollars and No / 100's $50.00 $10,900000 8. Trench Safety, See Sheets C7.1-C7.2; Per Lump Sum: 1 L.S. One Hundred Eleven Dollars and No / 100's TOTAL AMOUNT BID UNIT III: STORM DRAIN $111.00 $111.00 20 227.00 Updated 05/16/2005 TOTAL AMOUNT BID WATER TOTAL AMOUNT BID SEWER TOTAL AMOUNT BID STORM DRAIN GRAND TOTAL AMOUNT BID 12 264.00 20 227.00 $56,519.00 Updated 05/16/2005 PART B - PROPOSAL (font.) 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 100 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. ffm Updated 05/16/2005 I X B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 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 (Inidals) (seal} Date: Respectfully submitted, C-Con Services, inc. Title President Address 2230 Joe Field Road Dallas. TX 75229 Telephone (9721243-5455 Updated 05/16/2005 The principal place of business of our company or our parent company or majority owner is in the State of Texas. 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) —�on�cHon.lP Title Addres I r s E 46A sr�- Telephone: 7 ~ upaated o�� s�2oos