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HomeMy WebLinkAboutContract 31564 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. J WHEREAS, Garden Plaza Business Park, L.P., hereinafter called "Developer", desires to make certain improvements to Giverny Addition, 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 Aaron Associates LLC, its General Partner, acting herein by and through, Aaron Patel, its duly authorized Member, 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 11, 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. Giverny Add CFA 4% and Utilities 02 24 ' E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. 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 alle ed 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). 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 Giverny Add CFA 4% and Utilities 02 24 025 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. Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain (B-1) Attached; Street Lights and Signs (C)None. 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. Il. 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, B 1, 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 $ 625,828.74. 0 Giverny Add CFA 4% and Utilities 02 24 0�5 Ili � �� � SUMMARY OF COST Giverny Addition Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $215,230.45 $ 215,230.45 2. Storm Drainage $386,527.95 $ 386,527.95 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ - B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 24,070.34 1 1 $ 24,070.34 TOTALS $ 625,828.74 $ - $ 625,828.74 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. Giverny Add CFA 4% and Utilities 02 24 045 Of lh;aN Gl Ui U K 11 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 24 day of February, 2005. Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director C' of Wort NO M&C REQUIRED Marctt Assist t City Manager ATTEST: Marty Hendrix City Secretary Approved as to Form-- Assistan ity ttorney Garden Plaza Business Park L.P. By Aaron Associates LLC Its General Partner ATTEST: By: 6F,a/y4r,' a�� Corporate Secretary Aaron Patel, Member Giverny Add CFA 4% and Utilities 02 24 �i " � �'? W 0 O U7 W S � S � TE O z V/CKERY � Fo m m GIVERNY LOCATION MAP mot • RIOOLEA SOUTH AOOMON wEur¢.usi;c.G rz c� AvwruENrs I I LOT I—R. BLOCK A I RIDCLEA SOUTH AOOITION W ILOT I—R, BLOCK 48 I W ZONED "C" I I YCAUY OE1151fY __ �/� YULINN�Y I I V/ V RIDCLEA RILLS IELENENTARY SCHOOL �— ZONED "B" I 1 I I iMO FU Y I39pEMNL I ' U I ' BLOCK 73 IAOOLEA HILLS t �.• I I --_i I ZONED 'C' \ WDOLNIIIY ��_ YIATYAYlY >z ver - -. I I a4 1 I I 1 I I ZONED "A" I I I 1 �'!. t HESS OENRN. M3�hl ! M1f:V/! 1 1 \ I - I SCALE.- 1 " = 100' - 1 1 �o LEGEND ® PUBLIC PAVEMENT - I PRIVATE PAVEMENT t EXHIBIT 991399 Cliff f ; � �� PAVING ��. " 'r`� i GIVERNY RIOGLEA SOUTH AOOHTION — — — ,wwrHwYrs \\� I LOT\ 1-R, BLOCK A RIOGLEA SOUTH ADDITON LOT t-R, BLOCK 49 I I ZONED "C" IKOAIw IM7e5HT' __ IAxrIFAW.r Q I I v EX. 18" ROCK = GRATE PIPE RIP—RAP ^'�� INLET I BmGLEA HILLS CONCRETE 72" I IELEMENTARY SCHOOL __HEADWALL_ RCP ZONED 'B" , I 1 IYO FAYLY 1 I {{ I R6i0E1',t"L I 1 I BLOCK 73 RIDGLEA H&LS 40' I 10, CURB INLET I CURB INLET r•- � _ � ZONED "C' _ IIFdtAI oFamr - --� 10' IUli1YAlYLY ` -------- URB LET \ 18" 4 RCP / RCP RCP �� 18" (I RCP 1 1 x i m I 1 1 ----- ---y 24" co 1 1 RCP x I 10' I 1 CURB N ZONED "A" INLET "``""`r I L- 1 r----------- V,IGNi I1 I 1 I ROCK RIP—RAP -"--- CONCRETE SCALE: 111 = 1001 HEADWALL - 24" �x1p RCP \ "` m O��' WYE 3 ----- INLET \ Y` 24" RCP 0 1D CURB EX. �� INLET TORM IN INL �'d A LEGEND - - PROPOSED (PUBLIC) STORM DRAIN ` - _ = PROPOSED (PRIVATE) STORM DRAIN I _ _ = EXISTING STORM DRAIN EXHIBIT » B _ STORM DRAINAGE SYSTEM UNIT IV: PAVING ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AM0UNT (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. 5,665 S.Y. 6'' Reinforced Concrete Pavement, Per Square Yard: _Twenty-seven Dollars and Fifty Cents $ 27.50 $ 155,787.50 2. 2565 S.Y. 4" Reinforced Concrete Driveway Pavement, Per Square Yard: N/A Dollars and Cents N/A N/A 3. 135 S.Y. 4" Reinforced Concrete Sidewalk, Per Square Yard: _Twenty-eight Dollars and Fifty Cents $ 28.50 $ 11,343.00 4. 6197 S.Y. 6" Lime Stabilization, Per Square Yard: _Four Dollars and Thirty-five Cents $ 4.35 $ 26,956.95 5. 2340 L.F. 6" Standard Integral Curb, Per Linear Foot: _Two Dollars and No Cents $ 2.00 $ 4,680.00 B-11 6. 1266 L.F. 4" Mountable Curb, Per Linear Foot: _Five Dollars and Fifty Cents $ 5.50 $ 6,963.00 7. 1 L.S. Horizontal and Vertical Control; Per Lump Sum: _Nine thousand five hundred Dollars and No Cents $ 9,500.00 $ 97500.00 TOTAL AMOUNT BID Pavement $ 215,230.45 A: 0 xED B-12 UNIT III: STORM DRAIN 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. 39 L.F. 18-Inch Storm Sewer Pipe, Per Linear Foot: _Thirty-six Dollars and No Cents $ 36.00 $ 1,404.00 2. 173 L.F. 24-Inch Storm Sewer Pipe, Per Linear Foot: _Forty-five Dollars and NinetyCents $ 45.90 $ 7,940.70 3. 300 L.F. 30-Inch Storm Sewer Pipe, Per Linear Foot: _Fifty-nine Dollars and Forty Cents $ 59.40 $ 17,820.00 4. 23 L.F. 72-Inch Storm Sewer Pipe, Per Linear Foot: _Two hundred seventy-four Dollars and No Cents $ 274.00 $ 6,302.00 5. 425 L.F. 2 — 10'x6" Multiple Box Culvert, Per Linear Foot: _Five hundred sixty-eight--- Dollars ixty-eightDollars and Forty-five Cents $ 568.45, $241,591.25 6. 2 Ea. TxDOT Type PW Headwalls for Box Culvert, Per Each: _Nine thousand Dollars and No Cents $ 9,000.00 $ 18,000.00 7. 2 Ea. Connection to Existing Storm Inlet/Headwall; Per Each: _Five hundred sixty-five Dollars and No Cents $ 565.00 $ 1,130.00 8. 2 Ea. 10-Ft. Depressed Curb Inlet, Per Each: _Two thousand seven hundred Dollars and No Cents $ 2,700.00 $ 5,400.00 9. 3 Ea. 10-Ft. Recessed/Depressed Curb Inlet, Per Each _Two thousand four hundred thi rty Dollars and No Cents $ 2,430.00 $ 71290.00 10. 1 Ea. 40-Ft. Recessed/Depressed Curb Inlet, Per Each: Nine thousand four hundred fifty Dollars and No Cents $ 9,450.00 $ 9,450.00 11. 1 Ea. 3' x 3' Wye Inlet, Per Each: _Nine hundred _ Dollars and No Cents $ 900.00 $ 900.00 1�' 9G2ETAEV 12. 4,600 SFF Retaining Wall System; Per Square Foot Face:, _Fourteen Dollars and Forty Cents $ 14.40 $ 66,240.00 13. 1 L.S. Erosion Control Plan; Per Lump Sum: Three thousand sixty_Dollars and No Cents $ 3,060.00 $ 3,060.00 TOTAL AMOUNT BID STORM $ 386,527.95 'CT VE S�a1es B-10 c u N TOTAL AMOUNT BID WATER $ 92,607.14 TOTAL AMOUNT BID SEWER $ 83,280.00 TOTAL AMOUNT BID STORM $ 386,527.95 TOTAL AMOUNT BID PAVING S 215,230.45 GRAND TOTAL AMOUNT BID $ 777,645.54 B-13 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 attaehed bid seeur-ity in the -6-aeunt of 0 is to beeeme the pr-epefty of the Gi�y Of F8 Werth, Te)Eas, in the event the eentr-aet and bend er- bends are not exeeuted wid deliver-e w4hin the time abeve set fenh, as liquidated daffiages for- the delay and additienal wer4E 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 10 calendar days after issue of the work order, and to complete the contract within 30 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 01-MiCIA ROD B-14 CIT' 6EC;�Et�IY ff. 10-ON, TEX. f 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. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. • s 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 Address _ _ Telephone: (Seal) Date: O 2X 67 t,,j�"fir " B-16