HomeMy WebLinkAboutContract 30793 ti
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 3"15)
WHEREAS, S. J. BRYANT IRVIN COMMERCIAL, LP, hereinafter called
"Developer", desires to make certain improvements to OVERTON BUSINESS
COMMONS, 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 STEVE HAWK-INS, 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:
1. 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.
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CFA REVISED FORMAT WITH 4% 1
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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 s ustained b y any p ersons (including d eath) o r t o any p roperty,
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 s hall install or adjust all o f the required utilities to s erve 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 t o p rovide, a t i is e xpense, a 11 n ecessary r ights o f w ay
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.
CFA REVISED FORMAT WITH 4% 2
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Cost
A. Construction $ -
1. Streets $59,472.91 $ 5947291
Water(A) None; Sewer(A-1)None; Paving(B) attached; Storm Drain(13-
1) attached; 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, 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 $ (04j 151.63_
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.
CFA REVISED FORMAT WITH 4% 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 6&day of
12004.
Approval Recommended:
Transportation and Public Works
Department
ATTEST:
I' s /
Robert Goode, P. E.
Marty Hendri Director
City Secretary
m City Of Fort Worth
Contract authorization 'L._
Marc Ott
Assistant City Manager
Date
Approved as to Form:
Assistant City Attorney
ATTEST: DEVELOPR
S. J. BRYANT- IN MMtCIAL, LP
By: �
Corporate Secretary STEVE HAWKINS
GENERAL PARTNER P V GGA(r C,0
> � RECEIVED
CFA REVISED FORMAT WIT ° 4
PROPOSAL
(This proposal must not be removed from this book of
contract documents)
To : STEVE HAWKINS
% F . P . Greenhaw III , Inc .
3332 West 7th Street
Fort Worth, Texas 76107 Fort Worth, Texas
�`ticaucf 2004
FOR: LOTS 1-4 , BLOCK 1
OVERTON BUSINESS COMMONS
FILE NO .W-1549
D.O .E . NO . 4595
Pursuant to the foregoing "Notice to Bidders" , the
undersigned has thoroughly examined the plans and
specifications , and the site, understands the amount of work
to be done, and hereby proposes to do all the work and
furnish all the labor, materials , and equipment as provided
for in the plans and specifications, and subject to the
inspection and approval of the Director of Transportation
and Public Works of the City of Fort Worth, and binds
himself on acceptance of the Proposal by the Owner to
execute a contract and furnish an approved Performance Bond,
Payment Bond and Maintenance Bond approved by the City of
Fort Worth for the performing and completing the said work
within the time stated and for the following sums, to wit :
(The quantities in this proposal are approximate . It is the
Contractor ' s responsibility to verify all the bid item
quantities prior to bid submittal) .
PAY SPEC APPROX. ITEMS WITH BID PRICES UNIT TOTAL
ITEM QUANTITY WRITTEN IN WORDS PRICE PRICE
PAVING:
1 . 505 CY Unclassified street excavation
.Si ( Dollars
No cents per cy. $ e�l.DO $ 3� pM.
DoE `7.5gJr"
PAY SPEC APPROX. ITEMS WITH BID PRICES UNIT TOTAL
ITEM QUAN'T'ITY WRITTEN IN WORDS PRICE PRICE
2 . 68 LF Remove existing curb
F,-� een Dollars
,yo cents per LF. $ 15.0o $ D 2_0.00
3 . 1 , 200 SY 8" Lime Stabilization
U)p Dollars
ify cents per SY. $ .2.50 $ 3.000. 00
4 .1 20 TONS Lime
0/1eA41n11e.1 Zee Dollars
if/0 cents per TN. $ 110. 0o $ 200.00
S . 1 , 140 SY 7" concrete pavement
_7�wcn n"n a Dollars
1410 cents per SY. $ 9.00 $ G0.d0
6 . 610 LF 7" Attached Curb
four Dollars
iyo cents per LF $ y00 $ e7�y0.0n
PAY SPEC APPROX. ITEMS WITH BID PRICES UNIT TOTAL
ITEM QUANTITY WRITTEN IN WORDS 0VTf1V PRT F
7 . 2 EA Adjust Manhole
6hc Aungi•eJ Dollars
.Yo cents per EA$ 1,,9d.,90 $ ;00. 00
9 . 9 EA Adjust Gate Valve
(One /l"a"-ec/ Dollars
"yo cents per EA$ 00.0 $ 90x•00
8 . LS Testing /
"C�✓e Ayt� ,,e a/ Dollars
,a0 cents per LS$ Sp0.00 $ S00.00
9 . LS Erosion Protection
Dollars
ND cents per LS . $ Soo-i90 $ SDa DD
10 . 2 EA Handicapped ramps
J�eVen AUQ L,/A-t-_Dollars
,(/o cents per EA. $ 7SO.00 $ /, SDO.d
11 . 4 , 449 SF Install 4 ' wide sidewalk
o Dollars
f cents per LF. $ .2.SO $ z,z•SD
TOTAL PAVING BID $ Sq 11J2.Sp
This contract was issued by an organization which qualifies
for exemption pursuant to the provisions of Article 20 . 04 (F)
of the Texas Limited Sales , Excise and Use Tax Act .
The Contractor performing this contract may purchase, rent
or lease all materials , supplies, equipment used or consumed
in the performance of this contract by issuing to his
supplier an exemption certificate complying with the State
Comptroller ' s ruling #95-0 . 07 . Any such exemption
certificate issued by the Contractor in lieu of the tax
shall be subject to the provisions of the State
Comptroller ' s ruling #95-0 . 09 as amended to be effective
October 2 , 1968 .
The Contractor shall comply with City Ordinance No . 7278 , as
amended by the 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 '10 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 established by the City of Fort Worth,
Texas .
Within ten days of the 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 Dollars ($ ) is to become
the property of the Owner
or the attached Bidder ' s 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 additional
work caused thereby.
Respectfully submitted,
I f
SEAL
DATE : use 3,,2oo y '
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OVERTON BUSINESS COMMONS
FORT WORTH, TEXAS
ESTIMATE
EXHIBIT `B" STREETS
1. REMOVE CURB & GUTTER 70 LF X $20/LF =$1,400.00
2. LIME 20 TONS X $120/TN = 2,400.00
3. LIME MANIPULATION 1200 SY X $2.50/SY = 3,000.00
4. 7" CONCRETE PAVING 1140 SY X $29/SY =33,060.00
5. 7"ATTACHED CURB 610 LF X $4/LF = 2,440.00
6. ADJUST M.H. 2 EA X $310/EA = 620.00
7. SIDEWALKS 4449 SF X $2.59/SF =11,522.91
8. HANDICAP RAMPS 2 EA X $500/EA = 1,000.00
9. EROSION CONTROL LS = 1,000.00
10. EXCAVATION 505 CY X $6/CY = 3,030.00
TOTAL PAVING =$59,472.91
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OVERTON BUSINESS COMMONS
FORT WORTH,TEXAS
ESTIMATE
EXHIBIT "B-1" STORM DRAINAGE
OVERTON BUSINESS COMMONS
FORT WORTH, TEXAS
ESTIMATE
EXHIBIT "C" STREET LIGHTS/SIGNS
1. STREET LIGHT 1 EA X $2200.00/EA =$2,200.00
2. STREET SIGNS 1 EA X $100.00/EA = 100.00
TOTAL STREET LIGHTS/SIGNS =$2,300.00
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I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2, 000 $2, 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 $ 1, 500 $0, 000 . 00
Subtotal $2,000.00
City' s Cost $00, 000. 00
Developer's Subtotal $2,000.00
10% Contingencies $0,200.00
Project Total $2,200.00
Adjacent Developer's Cost $0,000 . 00
Developer's Cost $2,200 . 00
2% Inspection Fee $0,00 .00
CFA CODE # 2004115
DEVELOPER' S COST: $2,200. 00
OVERTON BUSINESS COMMONS
August 18, 2004
Fort Worth, Texas
August 18, 2004
PAGE I 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 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: $2,200.00
OVERTON BUSINESS COMMONS
August 18, 2004
FORT WORTH, TEXAS
CFA CODE # 2004115
Page II of Exhibit C
III.
"STREETLIGHTS"
CHANGE OF DIRECTIONS
OVERTON COMMONS CT 1
OVERTON BUSINESS COMMONS
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 one (1) intersections at a cost
to the Developer of$100.00:
Overton Ridge Blvd & Overton Commons Ct
Overton Business Commons
CFA code: 2004115 August 17, 2004