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HomeMy WebLinkAboutContract 33256 a. COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No WHEREAS, Risinger-Deer Creek, L.P., hereinafter called "Developer", desires to make certain improvements to Deer Creek North Addition — Phase 1A, 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: 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, 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. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. OFFICIAL 1 dw . ty 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 damazes are caused, in whole or in part, by the alleged negligence 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). 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 of 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 (A-1) 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 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, 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, stone drainage, street lighting, street name signs as shown on the attached Exhibits B, B1, 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 $275,661.31. SUMMARY OF COST Deer Creek North Addition Phase 1A Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $139,507.60 139,507.60 2. Storm Drainage $115,080.20 115,080.20 3. Street Lights $10,400.00 10,400.00 $ 4. Street Name Signs $490.00 490.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 10,183.51 10,183.51 D. Materials Testingby DOE $ 2% 5,091.76 TOTALS 275,661.31 $ - 275,661.31 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk. 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. 4 CITY Z"'N Y 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 Dev-loper has executed this instrument in triplicate, at Fort Worth,Texas this theday of 1204. RECEIVED Approval Recommended: If 11, Transportation and Public Works Department-z�—z/- ' Robert Goode, P. E. Director City o rth NO M&C REQUIRED Marc Ott Assistant City Manager ATTEST: Marty Hendrix City Secretary Approv as to Form: DEVELOPER Assist i AttornBy: Risinger—Deer Creek, L.P. a Texas Limited Partnership By: DLH JR, Land Company ATTEST: its General Partner By: _ i]��n ,� Corporate Secretary Erf. Hudgins, Jr. President PIMA kkid:105 CITY Oftly 200415310_lA_CFA REVISED FORMAT WITH 4%.doc FT. WORTH, TEX. UNIT II: 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. 36 LF 21-inch Storm drain pipe (Class III RCP) (complete in place with trench excavation and trench compaction),per linear foot Forty Three Dollars and Seventy Cents $43.70 $1,573.20 2. 1,246 LF 24" Storm drain pipe(Class III RCP) (Complete in place with trench excavation and trench compaction),per linear foot Forty Eight Dollars and Zero Cents $48.00 $59,808.00 3. 576 LF 30" Storm drain pipe(Class III RCP) (complete in place)with trench excavation and trench compaction,per linear foot Sixty Two Dollars and Zero Cents $62.00 $35,712.00 4. 2 EA 24"Type `A' sloped headwall (complete in place), per each One Thousand Three Hundred Dollars and Zero Cents $1,300.00 $2,600.00 5. 3 EA 4' Square storm drain manhole, per each Two Thousand Five Hundred Dollars and Zero Cents $2,500.00 $7,500.00 B-7 6. 2 EA 10-foot curb inlet(complete in place),per each Two Thousand One Hundred Dollars and Zero Cents $2,100.00 $4,200.00 7. 18 SY 12"— 18"rock rubble rip rap(no grout),per square yard Fifty Dollars and Zero Cents $50.00 $900.00 8. 1,858 LF Trench backfill density testing,per linear foot One Dollars and Zero Cents $1.00 $1,858.00 9. 1,858 LF Trench Safety, per linear foot Zero Dollars and Fifty Cents $0.50 $929.00 TOTAL AMOUNT BID STORM DRAIN: $115,080.20 CIT 6ECVPUY UNIT 11 PAVING 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. 5,046 SY 6-inch Lime stabilized subgrade,per square yard One Dollars and Fi ft Cents $1.50 $7,569.00 2. 76 Ton Lime @ 30 lbs/s.y.,per ton Ninety Two Dollars and Zero Cents $92.00 $6,992.00 3. 4,914 SY 6-inch Concrete pavement(complete in place)with silicone joint sealing and 7"curb), per square yard Twenty Dollars and Forty Cents $20.40 $100,245.60 4. 669 SY 4-inch Sidewalks, per square yard Twenty Nine Dollars and Zero Cents $29.00 $19,401.00 5. 2 EA Handicap ramps,per each Six Hundred Fifty Dollars and Zero Cents $650.00 $1,300.00 B-9 6. 1 LS Deceleration Lane Pavement Striping (TxDOT service road), complete in place,per lump sum Four Thousand Dollars $4,000.00 $4,000.00 and Zero Cents TOTAL AMOUNT BID PAVING: $139,507.60 B-10 TOTAL AMOUNT BID WATER $ 9,694.45 TOTAL AMOUNT BID SEWER $ 7,046.00 TOTAL AMOUNT BID STORM DRAIN $ 115,080.20 TOTAL AMOUNT BID PAVING $ 139,507.60 GRAND TOTAL AMOUNT BID $ 271,328.25 B-11 PART B -PROPOSAL(Cont.) 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 1 calendar days after issue of the work order, and to complete the contract within 2�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. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. B-12 FY. W"0.l°iIH� YEi1. 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, BurnsCo Construction, Inc. Y� Title President Address 4200 South Hulen Street Suite 513 Fort Worth, Texas 76109 Telephone: 817-738-3200 (Seal) Date: B-13 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 2 EA $ 2, 600 $5, 200. 00 MID-BLOCK RESIDENTIAL 2 EA $ 2, 600 $5, 200.00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 600 $00, 000. 00 MID-BLOCK COLLECTOR 0 EA $ 2, 600 $00, 000.00 MID-BLOCK ARTERIAL 0 EA $ 3, 000 $00, 000.00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3, 000 $00, 000.00 RELOCATE EXISTING LIGHT 0 EA $ 1, 650 $00, 000.00 Subtotal $10, 400. 00 City' s Cost $00, 000. 00 Developer' s Subtotal $10, 400. 00 4% Inspection fee $00,000.00 Project Total $10, 400. 00 Adjacent Developer' s Cost $00.000. 00 Developer' s Cost $10,400.00 CFA CODE #2006003 DEVELOPERS COST: $10,400.00 DEER CREEK NORTH ADDITION, PHASE IA February 2, 2006 Fort Worth, Texas February 3, 2006 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 $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. 3. This development creates the following two (2) intersections at a cost to the Developer of$490.00: S Freeway (1-35W) & Rustic View Rd Iron Ridge Dr & Rustic View Rd Deer Creek North Addition, Phase 1A CFA code: 2006003 January 24, 2006 A Final Plat Of Lot 1 of Block 11 Lot 1X & Lots 1 thru 5 of Block 12 Lots 1X & 2X of Block 12A Lot 51 of Block 22 DEER CREEK NORTH ADDITION situated in the G. Hamilton Survey, Abstract No. 751, and the J. Sise Survey, Abstract No. 1434 being situated in the City of Fort Worth, Tarrant County, Texas 10 LOTS 2.577 ACRES THIS PLAT WAS PREPARED IN NOVEMBER, 2005 N 0 Uj THIS PLAT FILED IN CABINET SLIDE NO. 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