HomeMy WebLinkAboutContract 33977 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretar°y��!!
COUNTY OF TARRANT § Contract No.39
WHEREAS, Moritz Interest, L.T.D., hereinafter called "Developer", desires to
make certain improvements to Brookwood Park Addition Phase 3, 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 11, 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.
04, FiC" -L )IC 1�
Brookwood Park Addition Ph. 3-06 15 06 1
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 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 damaees are caused,
in whole or in part, by the allezed na-lizence 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:
v� FIvI6'A I F�' C0!P�
2005188-10-CFA REVISED FORMAT WITH 4%.doc ;ry e ,
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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, B 1, and C.
B. As shown below in the "Summary of Cost for Street and Storm Drain
Facilities", the Developer shall find 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 $398,910.47.
Brookwood Park Addition Ph. 3-06 15 06 3
SUMMARY OF
COST
Brookwood Park Addition Phase 3
Item Developer City Cost Total Cost
Cost
A. Construction $
1. Streets $318,139.50 318,139.50
2. Storm Drainage $21,460.00 21,460.00
3. Street Lights $38,200.00 38,200.00
4. Street Name Signs $735.00 735.00
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 13,583.98 13,583.98
D. Materials Testing by DOE $ $
(2%) 6,791.99 6,791.99
TOTALS 398,910.47 $ - 398,910.47
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.
Brookwood Park Addition Ph. 3-06 15 06 4
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 day of
52006. RECEIVED
Approval Recommended: MAY 3 0 2006
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City ft'--
Marc
CNO &CC �E�,QIR11ED_. Ott
Assistant City Manager
ATTEST:
Marty Hendrix
City Secretary
Approv as to Form:
7L
sist Attorney
ATTEST: DEVELOPER
�)M,,,' e;
By.
Corporate Secretary MorintpWst, Ltd.
By: Wiffiam W. Snider
Attorney-in-Fact
ROD
2005188-10-CFA REVISED FORMAT WI'#H 4%.doc :^
UNIT III: 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. 34 LF 21-inch Storm drain pipe (Class III RCP)
(complete in place with trench excavation and
trench compaction), per linear foot
Forty Dollars
and Zero Cents $ 40.00 $ 1,360.00
2. 271 LF 24-inch Storm drain pipe (Class III RCP)
(Complete in place with trench excavation and
trench compaction), per linear foot
Forty Five Dollars
and Zero Cents $ 45.00 $ 12,195.00
3. 2 EA 10-foot Curb inlet(complete in place),per
each
Two Thousand Dollars
and Zero Cents $ 2,000.00 $ 4,000.00
4. 2 EA 4-foot Square storm drain manhole,per each
One Thousand Eight Hundred Dollars
and Zero Cents $ 1,800.00 $ 3,600.00
5. 305 LF Trench Safety, per linear foot
One Dollars
and Zero Cents $ 1.00 $ 305.00
TOTAL AMOUNT BID STORM DRAIN $ 21,460.00
B-7
Updated 05/16/2005
UNIT IV: PAVING IMPROVEMENTS
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. 12,028 SY 6-inch Lime stabilized subgrade, per square
yard
One Dollars
and Ninetv Five Cents $ 1.95 $ 23,454.60
2. 180 TON Lime @ 30 lbs/s.y., per ton
Ninety Eight Dollars
and Zero Cents $ 98.00 $ 17,640.00
3. 9,590 SY 6-inch Concrete pavement, 28-foot face-to-
face, 7" curb (complete in place), per square
yard
Twenty One Dollars
and Ninety Five Cents $ 21.95 $210,500.50
4. 1,692 SY 7-inch Concrete pavement, 27-foot back to
back, 7" curb, (complete in place)per square
yard
Twenty Three Dollars
and Ninetv Five Cents $ 23.95 $ 40,523.40
5. 596 SY 6" Temporary asphalt pavement(complete in
place),per square yard
Twenty Dollars
and Zero Cents $ 20.00 $ 11,920.00
B-8
Updated 05/16/2005
6. 578 SY 4-foot Sidewalks,per square yard
Twenty Two Dollars
$ 22.50 $ 13,005.00
and Fifty Cents
7. 1 EA Dead-end barricade,per each
Five Hundred Dollars
$ 500.00 $ 500.00
and Zero Cents
TOTAL AMOUNT BID PAVING $ 318,139.50
B-9
Updated 05/16/2005
TOTAL AMOUNT BID WATER $ 151,200.00
TOTAL AMOUNT BID SEWER $ 180,324.60
TOTAL AMOUNT BID STORM DRAIN $ 21,460.00
TOTAL AMOUNT BID PAVING $ 318,139.50
GRAND TOTAL AMOUNT BID $ 671,124.10
B-10
Updated 0511612005
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 /a calendar days after issue of the work order,
and to complete the contract within If 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
maigry owner is in the State of Texas
B-11
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 Construc ' n LP
r Ile
Y:
Mark Pappas
Title
Vice President, Conatser Management Group,Inc.
Address
5327 Wichita Street
Fort Worth, Texas 76119
Telephone: (817) 534-1743
(Seal)
Date:
B-12
Updated 05/16/2005
III STREETLIGHTS
I. STREETLIGHTS COST ESTIMATE:
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 2 EA $ 2,600 $5,200.00
MID-BLOCK RESIDENTIAL 6 EA $ 2,600 $15,600.00
CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 2,600 $7,800.00
MID-BLOCK COLLECTOR 0 EA $ 2,600 $00,000.00
MID-BLOCK ARTERIAL 0 EA $ 3,200 $00,000.00
MID-BLOCK ARTERIAL MEDIAN 3 EA $ 3,200 $9,600.00
RELOCATE EXISTING LIGHT 0 EA $ 1,650 $00,000.00
Subtotal $38,200.00
City's Cost $00,000.00
Developer's Subtotal $00,000.00
4% Inspection fee $0,000.00
Project Total $00,000.00
Adjacent Developer's Cost $00.000.00
Developer's Cost $38,200.00
DEVELOPERS COST: $38,200.00
CFA CODE # 2006066
Brookwood Park Addition, Phase III
Fort Worth, Texas June 14, 2006
PAGE 1 OF EXHIBIT "C"
VJ
CITY ����NMA1 PY
1�7. �o�`VmI y
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II. STREETLIGHTS 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 of Fort Worth will install all the streetlights that use overhead or underground
conductors on residential, and collector streets. The developer agrees to pay the City of
Fort Worth the amount shown below prior to the City starting its design efforts, at the option
of the developer and at their expense they may purchase the poles, fixtures, and mast arms
from the City in order to assure compliance with city material standards
4. Street lights on arterial streets shall be installed with underground 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 operations of the street light system
6. The estimated cost of this streetlight installation is detailed on page (1) of exhibit "C" and is
summarized below. The streetlights will remain the property of, and will be maintained by
the City of Fort Worth.
DEVELOPERS COST: $38,200.00
June 12, 2006
CFA CODE # 2006066
Brookwood Park Addition, Phase III
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
INTERSECTIONS:
W Everman Pkwy & Cameron Hill Point 1
Fawn Hill Dr & Fawn Hill Ct 1
MID-BLOCK:
Cameron Hill Point 2
Fawn Hill Ct 1
Fawn Hill Dr 2
Cutter Hill Av 1
CHANGE-OF-DIRECTION:
Fawn Hill Ct 1
Cameron Hill Point 1
Fawn Hill Dr & Cutter Hill Av 1
MID-BLOCK ARTERIAL MEDIAN
W Everman Pkwy 3
CFA CODE # 2006066
Brookwood Park Addition, Phase III
PAGE 3 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 $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 three (3) intersections at a cost
to the Developer of$735.00:
W Everman Pkwy & Cameron Hill Point
Fawn Hill Dr & Fawn Hill Ct
Fawn Hill Dr & Cutter Hill Av
Brookwood Park Addition, Phase III
CFA code: 2006066 June 12, 2006
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BROOK WOOD PARK ADDITION
PHASE 3
nts
�nawa Engineers
Planners
Surveyors
Associates, L.P. Landscape Architects
1501 Merrimac Circle,Suite 100,Fort Worth,TX 76107
Tel:(817)3351121,Fax(817)3357437
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