HomeMy WebLinkAboutContract 31099 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARR.ANT § Contract No.
WHEREAS,_ Emory Place L.P., hereinafter called "Developer", desires to make
certain improvements to Emory Place, 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 Emory Place GP, L.L.C.
its duly authorized General Partner, 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 11,paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section 11, 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, F, officers., -`
CFA with Revised 4%
Emory Place
November 12,2004 }
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.
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).
I. 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.
Water(A)None; Sewer(A-1)None; Paving(B) attached; Storm Drain(B-
1) attached; Street Lights and Signs (C) attached.
CFA with Revised 4% 2 _ ,`? '';; •� .' 2
Emory Place
November 12,2004p 1
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, Bl,
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 $_222,302.00
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $ 172,220.00 $ 172,220.00
2. Storm Drainage $ 27,205.00 $ 27,205.00
3. Street Lights(Inspection) $ 15,400.00 $ 15,400.00
4. Street Name Signs $ 500.00 $ 500.00
B. Engineering Design
C. Construction Engineering
and Management by DOE 4% $ 71977.00 $ 7,977.00
TOTALS $ 223,302.00 $ - $ 223,302.00
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.
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,
CFA with Revised 4% 3
Emory Place
November 12 2004 Jul
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 2 day of September,
2004.
Approval Recommended:
I &k
Transportation and Public Works
C Dntr ac L_ ?-w-sor; Department
te
Roberf Goode, P. E.
Director
ATTEST:
f'A a0 �
t f A h
_MARTY HEN IX
CITY SECRFTARv
Marc Ott
Assistant City Manager
Approved as to Form:
AAssis
ATTEST: DEVELOPER
EMORY PLACE, L.P., a Texas
Corporate Secretary limited partnership
BY: EMORY PLACE GP, L.L.C.,
a Texas limited liability
company, General Partner
BY:
Mear cBee, President
CFA with Revised 4% 4 „���'�� :? 1 Z IZI'I
Emory Place �??y7
November 12,2004 Y U, lL 1"
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JOHN T WHITE RD.
ANDERSON BLVD,
30
BRENTWOOD STAIR RD,
VICINITY MAP
EMORY PLACE
PHASE 1
GORDON S. SWIFT
CONSULTING ENGINEER INC.
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(,zo- Row) JOHN T. WHITE
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N.T.S. STREET PAVING
FOR
PROPOSED STREET PAVING EMORY PLACE
PHASE 1
C� GORDON S. SWIFT
CONSULTING ENGINEER INC.
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(120' ROW) JOHN T. WHITE
EGR
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N.T.S. SIDEWALKS
FOR
PROPOSED 4' SIDEWALK EMORY PLACE
PHASE
GORDON S. SWIFT
CONSULTING ENGINEER INC.
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1 N HA .
(120' ROW) JOHN T. WHITE
EG
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N.T.S. STORM DRAIN
FOR
PROPOSED STORM DRAIN EMORY PLACE
PHASE 1
GORDON S. SW. _7'F
(;D� ?'
CONSULTING ENGINEER INC.
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PROPOSAL
TO:
EMORY PLACE
EMORY PLACF,L.P:
Mr. Mearl McBee
Pursuant to the foregoing "Notice to Bidders", the undersigned Bidder, having thoroughly examined the
Contract Documents, including Plans, Special Contract Documents, the General Specifications, 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
i by the City, which is necessary to fully complete the work as provided in the Plans and Contract
IDocuments, 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
I 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, to wit:
PAVING IMPROVEMENTS
EMORY PLACE
Phase I
The following are bid items required for the referenced project(s). Furnish and Install, including all
appurtenant work,complete and In place,the following items:
PAVING IMPROVEMENTS
ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT PRICE TOTAL PRICE
No. QUAN BID PRICES WRITTEN IN WORDS
1, 2,000 LF BLADE&SHAPE CROWN
Per Linear Foot
D�,a Dollars
and iy0 Cents $ /.Do $ ago.00
2. 6,500 SY 6"CONCRETE PAVING
Per Square Yard:
. Dollars
and S x6x-A'✓-,. Cents $ $ /Z21
,. . ,,,,,, „�•.,, , UVULL. IIVI,LJ rrin nU, dl ! tiltf ZTyz — - --- - —__
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PAVING IMPROVEMENTS
ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT PRICE TOTAL.PRICE
NO. QUAN 010 PRICES WRITTEN IN WORDS
3. 7,000 SY 6"LIME SUBGRADE
Per Square Yard:
r9nP Dollars
i
and. yr Cents $ /005 $ /,7, 9so,0.0
4. 105 TON HYDRATED LIME FOR SUBGRADE
(30#/sy)
Per.-W ., e --rclh .
Dollars
and .ye Cents $ 9S.Do $ 9 9 7S.do
5. 4,000 LF CONCRETE CURB
Per Linear Foot:
iQn P_ Dollars
and_��r„ -� Cents $ 125 3 S,DGD. DD
8. 1 EA TIE INTO EXIST, PAVEMENT
Per"Waac FwL- -1�:d-c.
I
A]&.�«�.� Dollars
and Cents $ SOD.DO $ .Sda.0d
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7. 9 EA ADJUST SANITARY SEWER MANHOLE
Per Each:
Dollars
and .re Cents $ .SD.00 $ 3c'74.'0'6
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,ivi vL•JY 7 11 I WDGC nv11CJ
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PAVING IMPROVEMENTS
ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT PRICE TOTAL PRICE
N0. QUAN BID PRICES WRITTEN IN WORDS
8. 4 EA ADJUST GATE VALVES
Per Each:
&'PLv Dollars
and .41D _ Cents $_ SD.ap $ 1Q
9. 580LF 4 FOOT WIDE SIDE WALK
(John T.White)per Linear Foot
/1/. Dollars
and ,yo Cents $ $ -5,22Q.46
10. 1 LS MAINTAIN EROSION CONTROL
Per Lump Sum: /
Dollars
and Cents 16 0.Da
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11. 1 LS CONSTRUCTION STAKING
Per Lump Sum:
D.r e Dollars
and wo Cents $
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12. 1 EA STD. BARRICADE W/HEADER
Per Each
Xad g�PZ Dollars
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and .v, Cents $ SDd,d4 $ S
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GRAND TOTAL
PAVING IMPROVEMENTS $ /7.Z 110.00
NO YE:L: Bonding Cost to be included in price bid.
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PROPOSAL(cont.)
The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400(Fort Worth
City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination In employment practices.
The undersigned agrees to complete all work covered by these contract documents within.2-V _Working
Days from and after the date for commencing work as set forth In the written Work Order to be issued by
the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility
Construction'as established by the City of Fort Worth,Texas,
Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal
contract and will deliver an approved Surety Bond for the faithful performance of this contract. The
attached deposit check in the sum of Lj I Dollars ($ 1 is to become the
property of the Owner, or the attached Bidders Bond Is to be forfeited in the event the contract and bond
are not executed within the time set forth, as liquidated damages for delay and addition work caused
thereby.
Receipt is acknowledged of the following addenda:
Addendum No. 1 (Initials) Addendum No.2(Initials)
Addendum No. 3 (Initials) Addendum No.4(Initials)
I
Respectfully Submitted
Conn► c�. onyx on�,
Address: P.a. 154 8
(SEAL) Telephone:_9I�- 3y-1-7 3
Date: (7t-(
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CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 830 8-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides
workers'compensation insurance coverage for all of its employees employed on the following project
PAVING IMPROVEMENTS
EMORY PLACE
Phase
M/VOR
BY.,
Kick Pappas,Vico-PreS{denl of
cal%aust Mumverr oid Group,hie,G.P.
DATE
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�1dilAGE IMPROVEMENTS
iIROX DESCRIPTION OF ITEMS WITH UNIT PRICE TOTAL PRICE
{� HID PRICES WRITTEN IN WORDS
CONSTRUCTION STAKING
Per Lump Sum:
Dollars
and �,�a Cents $ /,gad. "DDd.Oe
w,
3O LF TRENCH SAFETY
^� Per linear Foot
Dollars
jv and .[ry Cents 23 69 do
a•
45 LF 24"RCP CLASS III STORM DRAIN PIPE
Per Linear Foot:
Dollars
' and ac Cents $ YO 40 a� /die 4
.185 LF 35"RCP CLASS IN STORM DRAIN PIPE
Per Linear Foot
_Se,ye i e✓- g*s g Dollars
$ 4 and ra Cents $ 75.00
N
I. EA 36'RCP CONCRETE HEADWALL(type B")
Per Each:
,f>
Dollars
and ,re Cents $ 500.00 $ /_ode
:2 EA 10'CONCRETE CURB INLET
Per Each:
iPi. Lglrg,Z Dollars
and_ ,fir„ Cents $ / 9d0.00 $_ 3_,ed4.dC
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,:-36 PM MCBEE HOMES FAX NO. 817 626 2792
IMPROVEMENTS CONTINUED
I)ESCRIPTION OF ITEMS VATH UNIT PRICE TOTAL PRICE
DID PRICES WRITTEN IN WORDS
MATERIAL TESTING
Dollars
6"CONC RIP RAP for Miscellaneous
Placement Per Square Yard:
Dollars
EROSION CONTROL
Per Lump Sum:
TOTAL STORM DRAINAGE IMPROVEMENTS $ ZZIOS,00
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_ SETON HALL DR.
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(120 Row) JOHN T. WHITE
N
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N.T.S. STREET LIGHT
FOR
EMORY PLACE
PROPOSED STREET LIGHT PHASE 1
GORDON S. SWIFT
CONSULTING ENGINEER INC.
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 3 EA $ 2, 000 $6, 000 . 00
MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4, 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 0 EA $ 2, 500 $0, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 11500 $0, 000 . 00
Subtotal $14 ,000.00
City' s Cost $00, 000 .00
Developer's Subtotal $14,000.00
10% Contingencies $1,400.00
Project Total $15,400.00
Adjacent Developer's Cost $0,000.00
Developer' s Cost $15,400.00
2% Inspection Fee $0,00.00
CFA CODE #2004077
DEVELOPER'S COST: $15,400.00
(REVISED 11-04-2004 )
EMORY PLACE, PHASE I
June 14, 2004
Fort Worth, Texas
November 8 , 2004
PAGE I OF Exhibit C
II. STREET LIGHTS WORK DESCRIPTION:
I . 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 it' s design efforts.
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 street light installation is detailed on
page 1 of exhibit C and is summarized below, the street lights will
remain the property of, and will be maintained by the City of Fort
Worth.
DEVELOPER'S COST: $15,400.00
EMORY PLACE, PHASE I
June 14, 2004
FORT WORTH, TEXAS
(REVISED 11-04-2004)
(CFA CODE #2004077)
Page II of Exhibit C
"STREETLIGHTS"
INTERSECTIONS
JOHN T. WHITE RD & TOWSON DR 1
SETON HALL DR & TOWSON DR 1
SETON HALL DR & MARIST DR 1
MID - BLOCK
MARIST DR 1
COPPIN DR 1
CHANGE OF DIRECTIONS
MARIST DR 1
COPPIN DR 1
EMORY PLACE, PHASE I
Page III 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 five (5) intersections at
a cost to the Developer of $500.00 :
John T White Rd & Townson Dr
Seton Hall Dr & Townson Dr
Seton Hall Dr & Coppin Dr
Seton Hall Dr & Marist Dr
Coppin Dr & Marist Dr
Emory Place, Phase 1
CFA code: 2004077 Date: June 18, 2004
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