HomeMy WebLinkAboutContract 36711 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.,
WHEREAS, XTO Energy Inc., a Delaware Corporation, hereinafter called
"Developer", desires to make certain improvements to XTO — Binyon O'Keefe (W. 7'h
and Calhoun) , 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, Denton and Wise 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:
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 and subsequently amended, is hereby incorporated into this
Community Facilities Agreement as if copied 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.
'IVY 3W1-K1-HPQy
Project Name 1 �, `: ', ''.`?VIH17�N
CFA Number 03-05-08 A10:28' I N
Date
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section Il, paragraph 7 of the
Policy.
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
damages 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.
1. 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).
Project Name 2
CFA Number
Date
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) None Storm
Drain (B-1) Attached; Street Lights and Signs (C)None.
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
Exhibit B-1.
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 Exhibit B1. The
estimated total cost of current improvements and related support services
specified in this agreement, including design, construction and inspection
is estimated to $ 81,884.34
Project Name 3 L `D'
CFA Number '� wlc` ra %v
Date
�� iitJ'i1.".�I�� II LS Gtla
SUMMARY OF
COST
XTO - Binyon O'Keefe
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $0.00 $ -
2. Storm Drainage $77,249.38 77,249.38
3. Street Lights $0.00 $ -
4. Street Name Signs $0.00 $ -
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 3,089.98 3,089.98
D. Materials Testing by DOE $ $
2% 1,544.99 1,544.99
$ $
TOTALS 81,884.34 $ - 81,884.34
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
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.
Project Name 4
CFA Number
Date
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in triplicate 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, awn said D v 'o e
executed this instrument in triplicate,at Fort Worth,Texas this thea day of
12008.
Approval Recommended:
Transportation and Public Works
Department
Q"W.A44Z A �<0
bert Goode,P. E.
irector
City of Fort Worth
NO M&C REQUIRED
Fernando Costa, Acting
Assistant City Manager
ATTEST:
Marty Hendrix
City Secretary
Approve to Form
Assistan rty ttorney
ATTEST: DEVELOPER
XTO Energy Inc.
r�� - -- A Delaware Corporation
By: LL)
%oTerate Secretary Joy ebster
Vice President, Facilities
Project Name S
CFA Number
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€ €€ 7 WN .TRIE ...FO T. QR..k ....EXAS....a 51. ...............................................
CFA Estimate for:
XTO - Binyon O'Keefe
7th Street & Calhoun Street
December 7, 2007
CONSTRUCTION COST SUMMARY
STORM DRAIN 77,249.38
TOTAL DEVELOPER BOND AMOUNT $77,249.38
FEE COST SUMMARY
CITY INSPECTION FEE (4%) PAVING AND DRAINAGE $3,089.98
CITY MATERIALS TESTING FEE (2%) PAVING & DRAINAGE $1,544.99
w tf Ir �1 J J=i' i.5 l7 C✓�ka'i'
CITY 6`3,1'-�-1k U�ff
GAJ0B\014642\ESTICFA\B0K\B0K CFA.xIs Page 1 of 2
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CFA Estimate for:
XTO - Binyon O'Keefe
7th Street & Calhoun Street
December 7, 2007
STORM DRAIN SYSTEM
Item No. DESCRIPTION QTY UNIT PRICE AMOUNT
1 24" CLASS III RCP 261 L.F. 89.74 23,422.14
2 21" CLASS III RCP 29 L.F. 68.98 2,000.42
3 18" CLASS III RCP 8 L.F. 150.00 1,200.00
4 ASPHALT PAVEMENT REPAIR 200 S.Y. 44.00 8,800.00
5 10' MODIFIED CURB INLET 2 EA. 2,750.00 5,500.00
6 10' STD CURB INLET 1 EA. 6,000.00 6,000.00
7 4'SQUARE MANHOLE 1 EA. 7,500.00 7,500.00
8 TRENCH SAFETY 298 L.F. 9.67 2,881.66
9 REMOVE 5 EXIST GRATE INLETS 1 L.S. 1,000.00 1,000.00
10 REMOVE 238 LF OF EXIST RCP 1 L.S. 13,880.16 13,880.16
11 CLASS B CONCRETE MISC PLACEMENT 5 C.Y. 115.00 575.00
12 CLASS E CONCRETE MISC PLACEMENT 5 C.Y. 120.00 600.00
13 CRUSHED LIMESTONE 5 S.Y. 312.00 1,560.00
14 1 BALLAST STONE 5 S.Y. 370.00 1,850.00
15 STORM WATER MANAGEMENT 1 L.S. 480.00 480.00
TOTAL-STORM DRAINAGE SYSTEM $77,249.38
G:1JOB10146421EST\CFA1BOKIBOK CFA.xIs Page 2 of 2
PART B—PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: (developer's name)
PROPOSAL FOR: XTO—Binyon O'Keefe, 7'Street and Calhoun Street
WATER PROJECT NO. P264-609150068083
SEWER PROJECT NO. P274-709130068083
FILE NO. SD-0175
X NO. 19807
Includes the furnishing of all materials,except materials specified to be furnished by the City,equipment
and labor for the installation of water, sanitary sewer, and storm drain facilities and all necessary
appurtenances and incidental work to provide a complete and serviceable project designated as:
XTO-Binyon O'Keefe,70'Street and Calhoun Street
(project name)
Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents,aad the General
Contract Documents and General Specifications for Water Department Projects, the General
Contract Documents and General specifications for Transportation and Public works 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 fuznished 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 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 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:
IDI ElJ ,l �
Off 'RAIPY
T1s
NAJOB10131591.Spec%13159.00IUdWcs.doc B-I Updated 05/1'6h005 9 `4 °
1 '
UNIT III: STORM DRAIN
(Furnish and install,including all appurtenant work,complete in place,the following items)
Item Approx. Unit Item Description Unit Total
No. Quantity Measure "D"Item reference Price Amount
ment
UNIT III—STORM DRAIN RvIPROVEMENTS
1. 261 L.F. 24"Class III RCP,Complete in Place as
Shown in Plans,
Per Linear Foot
Dollars&
Cents $ %9 $
2. 29 L.F. 21"Class III RCP, Complete in Place as
Shown in Plans,
Per Linear Foot
Dollars& q o
Cents $ G8• $ :1 a o
3. 8 L.F. 18"Class III RCP,Complete in Place as
Shown in Plans,
Per Linear Foot
Dollars&
Cents $ �O $
4. 200 S.Y. Asphalt Pavement Repair per City of Fort
Worth Standards as Shown in Plans,
Per Square Yards
Dollars&
Cents S $ $Boo
5. 2 Ea. 10'Modified Curb Inlet Complete in Place
as Shown in Plans,
Per Each
Dollars&
Cents
6. 1 Ea. 10' Standard Curb Inlet Complete in Place
as Shown in Plans,
Pet Each
Doll
Cents& $ Q�.Ooo $ (�Q 00
4
N:UOBV3159\Spec1013159.001Utffl ies.doc B-7
Updated 05/16/2005
Item Approx. MUnittre Item Description Unit Total
No. Quantity went "D"Item reference Price Amount
UNIT III—STORM DRAIN IMPROVEMENTS
7. 1 Ea.. 4' Square Manhole, Complete in Place as
Shown in Plans,
Per Each
Dollars& �
o $ ? 00
tv
Cents S'
8. 298 L.F. Trench Safety,
Per Linear Foot
Dollars& 6 66
Cents $ , $
9. 1 L.S. Remove Five Existing Grate Inlets as
Shown in Plans,
Per Lump Sum
Dollars&
Cents $lb�o $ l o00
10. 1 L.S. Remove 238 L.F. of RC Pipe as Shown in
Plans,
Per Lump Sum
Dollars&
Cents $r3B$�16 $ 138 a o
11. 5 C.Y. Class`B"(2500 psi)Concrete for
Miscellaneous Placement,
Per Cubic Yard
Dollars& 00 �
Cents $
12. 5 C.Y. Class`B"(3 000 psi) Concrete for
Miscellaneous Placement,
Per Cubic Yazd
Dollars&: 1 060 (;0Cents $
N_UOB\0131591Spcc\013159.00lUGlitiu.doc B-S Upditd 05/162005
Item Approx. unit., Item Description Unit Total
l No. Quantity a "D"Item reference Price Amount
ment
UNIT III—STORM DRAIN IMPROVEMENTS
13. 5 S.Y." Crashed Limestone as Directed by the
Engineer, Complete in Place,
Per Square Yard
Dollars&
Cents CP $ v
14. 5 S.Y. Ballast Stone as Directed by the Engineer,
Complete in Place,
Per Square Yard
Dollars& 00
Cents $ \"b�0
15. 1 L.S. Storm Water Management,
Per Lump Sum
Dollars& 00
Cents $ ��O $ o
TOTAL-BID STORM DRAIN $ 171
N:UOBW1315Mpec1013159.00IUt ities.doc B-9 Updated 05/162005
SUMMARY
TOTAL AMOUNT BID WATER $
TOTAL AMOUNT BID SEWER $
r7&4
TOTAL AMOUNT BID STORM DRAIN $ .S$
GRAND TOTAL AMOUNT BID $
NV0B16.1315.ASpec\013159.001Utilitics.doc B-10 Updated 05/162005
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 filmishing 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_2,�L calendar days after issue of the work
order, and to complete the contract within_Jg 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.
4 company or
The principal place of business of our company or our parent compaor
majority owner is in the State of Texas.
NAJOB\013159\Spec1013159.001Uhliflmdoc B-11 Updafrd 05/162005
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
so
Address
qOS
+1
Telephone:
Telephone: Si n
(sem)
Date: •, • Q
/Pled
N.UO131013159LSpec1013159.001UtiIities.doc B-12 Updated 05116!2005