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HomeMy WebLinkAboutContract 31103 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.� WHEREAS, Lumbermen's Investment Corporation, hereinafter called "Developer", desires to make certain improvements to The Parks of Deer Creek, Phase 2B, 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: That said Developer, acting herein by and through John K. Pierret, its duly authorized Executive Vice President, and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, 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. DC2BTPWCFA.doc 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 neeliQence of the City of Fort Worth, its offheers, 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). 1. 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 the exhibits attached hereto. The following exhibits are made a part hereof: DC2BTPWCFA.doe 2 Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (13- 1) None; Street Lights and Signs (C) attached. 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, 131, 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 $310,496.68. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $269,804.50 $ 269,804.50 2. Storm Drainage $0.00 $ - 3. Street Lights $29,700.00 $ 29,700.00 4. Street Name Signs $200.00 $ 200.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 10,792.18 $ 10,792.18 TOTALS $ 310,496.68 $ - $ 310,496.68 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. DC2BTPWCFA.doc 3 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, and said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the day of ` I Jaz 2004. Approval Recommended: Transportation and Public Works Departments Robert Goode, P. E. Director wc•:itract Authorizatiora ity Fort ort �� L),at Marc Ott Assistant City Manager ATTEST: Marty Hendrix City Secretary Apprqfed as to Form: Assistant City Attorney ATTEST: DEVELOPER Lumbermen's Investment Corporation By: 4a,�4-- Corporate Secretary Jo . Pierret Executive Vice President RECEIVED DC2BTPWCFA.doc 4 01-28-2004 10:35 FROM-TURNER COLLIE AND BRADEN INC +81T 698 6701 T-335 P.003/003 F-839 + RISINGER p ' N w T m Lu > D � p v CD Q � O ; COIN PROJECT - LOCATION COAD MCPHERSON t; BLUE O ALSuE :..MC HERS GARDEN ACRES PLpZq w BLVD, OAK GROVE z � V r- J ' p W m I - - 'nTIMOTH L_I STELLA MAE STUCKERT o I o 35wCROCKETT f i I . I GREE' l VICINITY MAP N.T.S. �a �sQ 0 ► .......... _ •�20' RAW O — oa on cl D A b V n a 10 >c r 4 Cl '-. .0 CC- N - -'-•I i �n 1'' W �.' N Q. I X a 1 n cr 'N o y� q rc� LA o N I r o = n� I � I 1 LL f --- -- -- —I � 3NVl 3noao Or6M land I I 1E8-4 900/ti00 d Oft-1 1019 889 119+ ONI N30M ONV 31110 43NOI—AM Z9:10 900Z—OZ-10 PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: Lumbermen's Investment Corporation PROPOSAL FOR: .Paving Improvements 'tor The Parks of Deer Creek Section iIB D.O.E. NO. 41 SO Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of water and sanitary sewer facilities and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department 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 City Engineering Department 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: BID SCHEDULE LUNIBERNIEN'S INVESTNIENT CORPORATION THE PARES OF DEER CREEK SECTION IIB-FORT WORTH,TEXAS PAVING CONTRACT Item Estimated Total Total No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount l 7,120 SY Fumish& Install Six-inch 3,000 PSI Reinforced Concrete Paving, including 7-inch curb,complete in place, for Eighteen dollars and Seventy cents per Square Yard S 18.70 S 133,144.00 2 3,775 SY Fumish&Install Eight-inch 3,000 PSI Reinforced Concrete Paving, including 6 and 7-inch curb,complete in place, for Twenry-Two dollars and Fifty cents per Square Yard S 22.50 $ 84,937.50 3 . 11,660 SY Perform Lime Stabilized Subgrade Preparation, complete in place, for One dollars and Fifty-Five cents per Square Yard S 1.55 $ 18,073.00 4 175 TON Fumish Hydrated Lime(30lbs/SY)for Subgrade Stabilization, for Ninety-Four dollars and No cents per Ton S 94.00 S 16,450.00 5 • l EA Furnish&Install Street Header at locations shown on plans,complete in place, for One Thousand dollars and No cents per Each S 1,000.00 S 1,000.00 6 1 EA Furnish&Install Type II Barricade at locations shown in plans,complete in place, for Five Hundred dollars and No cents per Each S 500.00 S 50000 7 1 EA Furnish&Install End of Road Barricade at locations shown in plans,complete in place, for Five Hundred dollars and No cents per Each S 500.00 S 50000 8 1 LS Fumish&Install Pavement Markings at locations shown in plans,complete in place, for Four Thousand dollars i and No cents per Lump Sum S 4.000.00 S 4,000.00 BID SCHEDULE LUNIBERAIEN'S INVESTMENT CORPORATION THE PARKS OF DEER CREEKSECTION IIB-FORT WORTH,TEXAS PAVING CONTRACT Item Estimated Total Total No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount 9 . 1,120 LF Construct 4-foot Sidewalk,per City of Fort Worth Standards, for Ten dollars and No cents per Linear Foot S 10.00 S 11,200.00 TOTAL,PROBABLE COST FOR THE PARKS OF DEER CREEK SECTION IIB PAVING S 269,804.50 !Unit prices ue to be shown in both words and figures. In case of discrepancy,the unit price in writing will prevail.Prices listcd above are the only compensation to be rude. All items,ifwork is regwre l to complete the work as shown in the plans and as specified,which are not listed as a pay item in this proposal,are considered wbsidiary to the item and the cost of the subsidiary work should be included.) Contactor LP Authorized Signature ate Qc�n �er Y, 200 i PART B - PROPOSAL (Cont.) Within ten (10) days 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 in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished 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 calendar days after issue of the work order, and to complete the contract within _ working days after beginning construction 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. 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, COrngt5e( COr'15�f uct on I n, Lha By: Title/ I ..Jerrd ConcnfSer. Pr CS E Address PQ. [3. ls` 4R Fart Wor0\,TX 7LW Telephone: RO-S3y- (Seal) Date: w 5z N � Lu I � T 11vW J770 I ' I I - I I o P I o I I L W In I ' N � e w I I I N1 � I o - L ryY C I o -W � IM Q ; O i I p I N IJ I' Ir tm n _ I I N I , � N Z 0 09 J LU JJII I J I O I I a F I N I ao N , IY 3NV 1 I ?.Yl 1III --1 IL lFy �p1{- I I � — J p Z IL I J N �` `.- -"' -- I I I•� - W W d C J 1E8-d 900/900 d VEE-1 1019 869 118+ 31 N30VSG ONd 311100 83NVI-hM E9:10 VOOZ-82-10 I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 1 EA $ 2, 000 $2, 000 . 00 MID-BLOCK RESIDENTIAL 3 EA $ 2, 000 $6, 000 .00 CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $4, 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 6 EA $ 2, 500 $15, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 .00 Subtotal $27 ,000.00 City' s Cost $00, 000 . 00 Developer' s Subtotal $27,000.00 10% Contingencies $2,700.00 Project Total $29,700 . 00 Adjacent Developer's Cost $0,000. 00 Developer's Cost $29,700 .00 2% Inspection Fee $0,00 . 00 DEVELOPER' S COST: $29,700 .00 THE PARKS OF DEER CREEK, PHASE II-B January 29, 2004 Fort Worth, Texas April 29, 2004 PAGE 1 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 effort. 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 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 DEVELOPER' S COST: $29,700.00 THE PARKS OF DEER CREEK, PHASE II-B FORT WORTH, TEXAS January 29, 2004 Page 2 of Exhibit C III . "STREET LIGHTS" INTERSECTIONS CLEAR MEADOW LN & FAIRBROOK LN 1 MID - BLOCK FAIRBROOK LN 1 ELK RUN DR 2 CHANGE OF DIRECTIONS WIND GROVE IN 2 MID - BLOCK ARTERIAL MCPHERSON BLVD 6 (DOUBLE ARMS) THE PARKS OF DEER CREEK, PHASE III _ 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$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 two (2) intersections at a cost to the Developer of $200.00: Wind Grove Lane & Elk Run Dr Wind Grove Lane & Fairbrook Lane Parks of Deer Creek 2B CFA code: 2004009 Date: February 4, 2004