HomeMy WebLinkAboutContract 33970 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary �n�
COUNTY OF TARRANT § Contract No. 7 lJ
WHEREAS, Hillwood Alliance Services, L.P. hereinafter called
"Developer", desires to make certain improvements to Heritage Trace Parkway, 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:
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 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.
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy.
���K1C^^1A ROD
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.
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
2
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, B1, 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, 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 $942,323.04.
SUMMARY OF
COST
Heritage Trace Parkway
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets (Includes
Sidewalks) $730,228.00 $ 730,228.00
2. Storm Drainage $109,330.00 $ 109,330.00
3. Street Lights(Incl.Pull
Boxes) $49,426.00 $49,426.00
4. Street Name Signs $ - $ -
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE
4% $ 35,559.36 $ 35,559.36
D. Materials Testing by DOE
2% $ 17,779.68 $ 17,779.68
TOTALS $ 942,323.04 $ - $ 942,323.04
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.
4
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, and said Developer has
executed this instrument in triplicate, at Fort Worth,Texas this the day of
52006. RECEIVED
JUL t y 1006
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City of ort. Orth
NO M&CREQUIRED
__..__... Marc Ott
Assistant City Manager
TTEST:
Marty Hendrix
City Secretary
Approve s to Form:
Assistanty ttorney
RECEIVED
JUL 1 S 20M
Hillwood Alliance Services, L.P.,
a Texas limited partnership
By: Hillwood Development Company, LLC,
a Texas limited liability company, its general
partner
By: —kAAL'
L, us 1 L ghlin,
Senior Vice resident, Properties Division
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on J 2006, by
L. Russell Laughlin, Senior Vice President, Properties Division, of Hillwood
Development Company, LLC, a Texas limited liability company, on behalf of said
limited liability company, in its capacity as general partner of Hillwood Alliance
Services, L.P., a Texas limited partnershi , on behalf of said limited partnership.
LORI L. BOWLING �.
Notary Public,State of Texas
My Commission Expires
;:�'` October», zoos Notary Public, State of Texas
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CFA Estimate for:
HERITAGE TRACE PARKWAY
JULY, 2006
STREET IMPROVEMENTS (CFA UNIT PRICES)
1Item No. I DESCRIPTION I QTY j UNIT I PRICE I AMOUNTI
1 1 4' Sidewalk 1 5,400 1 LF 1 14.001 75,600.00
TOTAL -STREET IMPROVEMENTS $75,600.00
G:\JOB\014000003\EST\20060710 Sidewalk CFA\Sidewalk CFA EstimateAs 2 of 3
PART B—PROPOSAL �E'/�
s v4
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: Hillwood Alliance Services, L.P.
PROPOSAL FOR: PROJECT NAME: Heritage Trace Parkway
WATER PROJECT NO. P164-060164015471
SANITARY SEWER NO. P174-070174013491
FILE NO. 1922
X NO. 18296
Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment
and labor for the installation of Paving, Drainage, and Utility Improvements and all necessary
appurtenances and incidental work to provide a complete and serviceable project designated as:
Heritage Trace Parkway
Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, 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 furnished 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:
N:\JOB\014000\Spec\014000.003.002.0640.doc B-1 Updated 05/16/2005
UNIT 111: STORM DRAIN
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
(Furnish & Install, Including All Appurtenant Work, Complete in Place, The Following Items)
1. 1 EA: Remove & Dispose of Existing 4 —8' x 5'
Parallel Wing Wall,
Two Thousand
Dollars &
No Cents per Each $2,000.00 $2,000.00
2. 1 EA. Remove & Dispose of Existing 51" RCP
Headwall,
Seven Hundred Fifty
Dollars &
No Cents per Each $750.00 $750.00
3. 53 L.F. 4 —8' x 5' Box Culverts,
Thirteen Hundred
Dollars &
No Cents per Linear Foot $1,300.00 $68,900.00
4. 68 L.F. 51" Class III RCP,
One Hundred Forty-Five
Dollars &
No Cents per Linear Foot $145.00 $9,860.00
5. 14 L.F. 33" Class III RCP,
Seventy
Dollars &
No Cents per Linear Foot $70.00 $980.00
N:\JOB\014000\Spec\014000.003.002.0640.doc B-9 Updated 05/16/2005
6. 83 L.F. 21" Class III RCP,
Forty
Dollars &
No Cents per Linear Foot $40.00 $3,320.00
7. 3 EA. Std. 15' Recessed Curb Inlet,
Twenty-Six Hundred
Dollars &
No Cents per Each $2,600.00 $7,800.00
8. 1 EA. Parallel Wing for Skewed 4— 8' x 5' Box
Culvert,
Sixty-Five Hundred
Dollars &
No Cents per Each $6,500.00 $6,500.00
9. 138 C.Y. Rock Rip Rap,
Sixty-Five
Dollars &
No - Cents per Cubic Yard $65.00 $8,970.00
10. 1 L.S. Trench Safety,
Two Hundred Fifty
Dollars &
No Cents per Lump Sum $250.00 $250.00
TOTAL AMOUNT BID STORM DRAIN $109,330.00
N:\JOB\014000\Spec\014000.003.002.0640.doc B-10 Updated 05/16/2005
UNIT IV: STREET IMPROVEMENTS
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
(Furnish & Install, Including All Appurtenant Work, Complete in Place, The Following Items)
7,000 C.Y. Unclassified Excavation,
Two
Dollars &
ent -Five Cents per Cubic Yard .25 $15,750.00
2. 12,500 C.Y. Alternate d—Berm Construction
Two
lars &
Twenty- ' ents per Cubic
e CYa $2.25 $28,125.00
3. 12,504 S.Y ine Grading & Subgrade Preparation,
One
Dollars &
No Cents per Square Yard $1.00 $12,504.0
4. 12,504 S.Y. 6" Lime Stabilized Subgrade,
One
Dollars &
Ninety Cents per Square Yard $1.90 $23,757.60
5. 188 Ton Hydrated Lime Subgrade,
Ninety-Eight
Dollars &
No Cents per Ton $98.00 $18,424.00
N:\JOB\014000\Spec\014000.003.002.0640.doc B-11 Updated 05/16/2005
6. 12,150 S.Y. 4" HMAC Base Course,
Sixteen
Dollars &
No Cents per Square Yard $16.00 $194,400.00
7. 11,535 S.Y. 8" Reinforced Concrete Pavement (3600
PSI),
Twenty-Eight
Dollars &
Twenty-Five Cents per Square Yard $28.25 $325,863.75
8. 3,000 C.Y. Respread Topsoil to Depth of 6"
One
Dollars &
Fifty Cents per Cubic Yard $1.50 $4,500.00
9. 2,399 L.F. 7" Concrete Curb
One
Dollars &
Fifty Cents per Linear Foot $1.50 $3,598.50
10. 3,505 L.F. 6" Concrete Curb
One
Dollars &
No Cents per Linear Foot $1.00 $3,505.00
11. 1,240 L.F. Sawcut, Remove & Dispose of Existing
Concrete Curb& Gutter, w lk
Five
7
Dollars &
No Cents per Linear Foot $5.00 $6,200.00
N:\JOB\014000\Spec\014000.003.002.0640.doc B-12 Updated 05/16/2005
12. 828 S.Y. Remove & Dispose of Existing Concrete
Pavement,
Thirteen
Dollars &
No Cents per Square Yard $13.00 $10,764.00
13. 310 S.Y. Remove & Dispose of Existing Asphalt
Pavement,
Ten
Dollars &
No Cents per Square Yard $10,00 $3,100.00
14. 485 S.Y. Existing Reinforced Concrete Panel
Removal,
Fifteen
Dollars &
No Cents per Square Yard $15.00 $7,275.00
15. 485 �5.Y. Replace Reinforced Concrete Panels,
Forty-Five
Dollars &
No Cents per Square Yard
$45.00 $21,825.00
16. 50 L.F. Standard White Solid Stop Bar,
Twenty
Dollars &
No Cents per Linear Foot $20.00 $1,000.00
N;\JOB\014000\Spec\014000.003.002.0640.doc B-13 Updated 05/16/2005
17. 2 EA Remove & Relocate Existing Regulatory
Street Signs,
Two Hundred Fifty
Dollars &
No Cents per Each $250.00 $500.00
18. 1,510 EA Type W-4 Markers,
Three
Dollars &
No Cents per Each $3.00 $4,530.00
19. 380 EA Type II-CR-4 Markers,
Five
Dollars &
No Cents per Each
$5.00 $1,900.00
20: 140 L.F. Irrigation Conduits 2-6" & 4=4" SCH-80
PVC with End Caps,
Fifteen
Dollars &
No Cents per Linear Foot $15.00 $2,100.00
21. 10 EA. Remove & Relocate Irrigation Control
Valves,
Two Hundred Fifty
Dollars &
No Cents per Each $250.00 $2,500.00
NAJOB1014000\Spec\014000.003.002.0640.doc B-14 Updated 05/16/2005
22. 2 EA. Construction Entrance,
One Thousand
Dollars &
No Cents per Each $1,000.00 $2,000.00
23. 6 EA. Inlet Protection,
Three Hundred
Dollars &
No Cents per Each $300.00 $1,800.00
24. 3,557 L.F. Silt Fence,
One
Dollars &
Fifty Cents per Linear Foot $1.50 $5,335.50
25. 1 EA. Rock Berm,
Seven Hundred Fifty
Dollars &
No Cents per Each $750.00 $750.00
26. 1 L.S. Phase I Traffic Control & Channeling
Devices,
Twenty-Five Hundred
Dollars &
No Cents per Lump Sum $2,500.00 $2,500.00
N:1JOB10140001Spec1014000.003.002.0640.doc B-15 Updated 05/16/2005
27. 1 L.S. Phase II Traffic Control & Channeling
Devices,
Two Thousand
Dollars &
No Cents per Lump Sum $2,000.00 $2,000.00
28. 1 L.S. Phase III Traffic Control & Channeling
Devices,
Two Thousand
Dollars &
No Cents per Lump Sum $2,000.00 $2,000.00
29. 1 L.S. Compliance with SWPPP,
Twenty Five Hundred
Dollars &
No Cents per Lump Sum $2,500.00 $2,500.00
+TOTAL AMOUNT BID STREET IMPROVEMENTS
"UASSWED C-)QAvAT(O�' ALT6ZATE 3tD-�Eeril s�t1c-�o�,r FuIE �rcA�1�&r+S SEr
OIFICIAL EEO
N:\JOB\014000\Spec\014000.003.002.0640.doc B-16 Updated 05/16/2005
UNIT V: STREET LIGHTING IMPROVEMENTS
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
(Furnish & Install, Including All Appurtenant Work, Complete in Place, The Following Items)
1. 6 EA. Relocation of Existing Street Lights
(Double Arm Assembly, Davit Type D40-
9T),
One Thousand
Dollars &
No Cents per Each $1,000.00 $6,000.00
2. 622 L.F. 1 —3" SCH 80 PVC Conduit (for Future
Signalization),
Eight
Dollars &
No Cents per Linear Foot $8.00 $4,976.00
3. 6 EA. Pull Boxes (for Future Signalization),
Three Hundred Seventy-Five
Dollars &
No Cents per Each $375.00 $2,250.00
4. 6 EA. Type No. 5 Concrete Drilled Shaft
Foundation, with Anchor Bolts, with 4'2"
Extension for Decorative Bases,
Fifteen Hundred
Dollars &
No Cents per Each $1,500.00 $9,000.00
N:\JOB\014000\Spec\014000.003.002.0640.doc B-17 Updated 05/16/2005
5. 6 EA. Remove Rock & Store for Reuse on
Decorative Bases,
Five Hundred
Dollars &
No Cents per Each $500.00 $3,000.00
6. 6 EA. Reconstruct Decorative Rock Bases,
One Thousand
Dollars &
No Cents per Each $1,000.00 $6,000.00
7. 250 L.F. 2" SCH 80 PVC Conduit,
Eight
Dollars &
No Cents per Linear Foot $8.00 $2,000.00
8. 750 L.F. 2° SCH 40 PVC Conduit,
Eight
Dollars &
No Cents per Linear Foot $8.00 $6,000.00
9. 1400 L.F. 3 #4 & 1 #8 Wires,
Three
Dollars &
No Cents per Linear Foot $3.00 $4,200.00
10. 12 EA. Ballast, 200 W HIPS Lamp,
Five Hundred
Dollars &
No Cents per Each $500.00 $6,000.00
TOTAL AMOUNT BID STREET LIGHTING IMPROVEMENTS $49,426.00
N:\JOB\014000\Spec\014000.003.002.0640.doc B-18 Updated 05/16/2005
SUMMARY
TOTAL AMOUNT BID WATER $15,075.00
TOTAL AMOUNT BID SEWER $53,020.00
TOTAL AMOUNT BID STORM $109,330.00
TOTAL AMOUNT BID STREET IMPROVEMENTS $�+ 6 (05'4,(.ZS"
TOTAL AMOUNT BID STREET LIGHTING IMPROVEMENTS
$49,426.00
GRAND TOTAL AMOUNT BID $937,858.35 881,-1-79 ov
N:WOB\014000\Spec\014000.003.002.0640.doc B-19 Updated 05/16/2005
PART B -PROPOSAL(Cont.) s
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 10 calendar days after issue of the work
order, and to complete the contract within 120 calendar 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.
--X—B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
N:\JOB\014000\Spec\014000.003.002.0640.doc B-20 Updated 05/16/2005
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,
Conatser Constru on X L.P.
By:
OF
Title
Mark Pappas,Vice-President
Address
PO Box 15448
Fort Worth, TX 76119
Telephone: 817-534-1743
(Seal)
Date: March 28, 2006
RL
P
N:\JOB\014000\Spec\014000.003.002.0640.doc B-21 Updated 05/16/2005
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