HomeMy WebLinkAboutContract 33994 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
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WHEREAS, aV Pl,��S CA"c" �/ , hereinafter called
"Developer", desires to make certain improvements to [(vG 11,y4"L -Z6 6.r k (/?fG
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, subsequently amended and 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 the City shall not reduce the financial
security provided under paragraph 6, Section II, of the Policy.
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy.
VILLAGE AT PARK VISTA 1 '- I 1 -06 ?
APRIL 20061
Jul �:1• u
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
VILLAGE AT PARK VISTA 2
APRIL 2006
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 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, B 1,
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 $66,539.37.
VILLAGE AT PARK VISTA 3
APRIL 2006
SUMMARY OF
COST
Village at Park Vista
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $22,396.00 $ 22,396.00
2. Storm Drainage $36,295.70 $ 36,295.70
3. "Street Lights $5,500.00 $ 5,500.00
4. Street Name Signs $0.00 $ -
B. En ineerin Design $ -
C. Construction Engineering
and Management by DOE 4% $ 2,347.67 $ 2,347.67
TOTALS $ 66,539.37 $ - $ 66,539.37
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. ** $9,520.00 for share of sidewalks on North Tarrant Parkway.
S. $6,440.00 for sidewalks on Park Vista Boulevard included in Streets cost.
**Note: The City recognizes that the subject property is eligible to receive a future
infrastructure improvements (sidewalks and street lights) credit up to $46,236.45 from
previous contributions made by Hillwood Alliance Residential, L.P., represented in a
letter dated December 4, 2003, attached hereto and incorporated herein. Said credit
represents the amount attributable to the subject property.
VILLAGE AT PARK VISTA 4
APRIL 2006
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 Develgper
has executed this instrument in triplicate,at Fort Worth,Texas this the day of .
, 2006.
Approval Recommended: 2i
Transportation and Public Works
Department
Robert Goode, P. E.
Director
ity Fort o
J
Marc Ott
��(` �wy C h QUIRED Assistant City Manager
e i'+i'l.� 9r�.tsCC, id.
ATTEST:
Vl
Marty Hendrix
City Secretary
Approved as to Form:
. -�;� '1;2'
Assistant C' A orney
P U P0.r�em, L-b/
ATTEST: DEVELOPER
G..IfFT Core-c�
By:
Corporate Secretary
14A-
VILLAGE AT PARK VISTA 5
APRIL 2006
Y
SUMMARY OF
COST
Village at Park Vista
Item Developer City Cost Total Cost
Cost
A. Construction
1. Sidewalks $6,440.00 $ 22,396.00
B. Construction Engineering $257.60 $ 257.60
and Management by DOE 4%
*** Inspection fees paid*** $257.60 $257.60
4-10-06/Check No. 1191
TOTALS 1$ 6,440.001$ 1$ 6,440.00
ITY PE IAIIly
BASE BID: STORIVI DRAIN FACILITIES:
ITEM APPROXI. DESCRIPTION OF ITEMS WITH UNIT TOTAL
�yQ 01JANTITY RTD PRICES WRITTEN IN WORDS PRICE AivI01 TNT RTD
(Furnish and install, including appurtenant work, complete in place, the following items):
1. 1067 —Y IIn .l ssifi d C'hann�1 excavation
Dollars
And Cents $ $
2. 100 LE 5-foot x 2 foot concrete box
culvert
Dollars
And Cents $ �0 5-,
$ $ ► 2
3. 4 EA Safetv End Treatment—5-foot x
2-foot cnnc_box
Dollars
And Cents $ ' ' I{ $ 2 SS1
4. 1 EA 30-inch Tame `R' headwall
Dollars �qg!' 03
And Cents $ ' $
5. 19 LE 30-inch RCP
Dollarso
And Cents $ b�' j $
TOTAL AMOUNT STORM DRAIN FACILITIES:
r
BASE BID: PAVING IMPROVEMENTS
ITEM APPROXI. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO QT rANTTTY Rin PRTC ES WRITTEN IN WORDS PRICE AMOT TNT RTD
(Furnish and install, including all appurtenant work, complete in place, the following items):
1. 558 SY 6-inch 3,000 PST Reinforced
Concrete Pavement
Dollars r
And Cents
2. 598 SY 6-inch Stabilized Subgade
(Approx 30#Df lime/SY)
nollars g , f
And Cents $ 3 $
$ no charge
3. 9.9 TONS Hydrated Time 430#nf lime/SY)
Dollars
And Cents
4. 246 LE 7-inch TnteWal Curb
Dollars _
And Cents $ s✓ $ ���"�
TOTAL AMOUNT PAVING IMPROVEMENTS $
TOTAL AMOUNT BASE BID PAVING IMPROVEMENTS
TOTAL AMOUNT BASE BID WATER IMPROVEMENTS S
TOTAL AMOUNT BASE BID ON-SITE SANITARY SEWER IMPROVEMENTS $
TOTAL AMOUNT BASE BID OFF-SITE SANITARY SEWER IMPROVEMENTS
TOTAL AMOUNT BASE BID STORM DRAIN IMPROVEMENTS
TOTAL AMOUNT BASE BID PAVING IMPROVEMENTS S
GRAND TOTAL IMPROVEMENTS $
The undersigned bidder certified that he has been furnished 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 25 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.
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. I (Initials) Addendum No. 3 (Initials)
Addendum No. 2 (Initials) Addendum No. 4 (Initials)
Respectfully submitted,
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Byj'2UW-'6
Title ,
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Address
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Telephone: Al
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Date:
STANDARD FORM OF AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT, made and entered into this day of A.D. 20_, by and between PV
Partners. LTD. of the County of Tarrant and State of Texas, acting through
thereunto duly authorized so to do.Partv of the First Part,hereinafter termed DEVELOPER,
and Firm I-mkr&ney Irr- )f the City of ear hF County oP'—! rnd state of , Party of the Second Part,
heremarter termea �-vNTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the Party of the First Part(DEVELOPER), and under the conditions expressed in the bonds
bearing even date herewith,the said Party of the Second Part(CONTRACTOR),hereby agrees with the said Party of the
First Part (DEVELOPER) to commence and complete the construction of certain improvements described as follows:
Paving, Storm Drainage,Water& Sanitary Sewer Improvements
The Village at Park Vista in the City of Fort Worth,Texas
Water Project No. P164-060164015202
Sewer Project No. P174-070174013203
D.O.E.No. 4602
File No.: W-1552
"X"No. 15253
and all extra work in connection therewith,under the terms as stated in the General Conditions of the Agreement and at
his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in
accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to
Contractors,General and Special Conditions of Agreement,Plans and other drawings and printed or written explanatory
matter thereof,and the Specifications and addenda therefor,as prepared by GSWW.Inc.3950 Fossil Creek Blvd.,Suite
210. Fort Worth Texas 76137
herein entitled the DEVELOPER'S ENGINEER, each of which has been identified by the CONTRACTOR and the
DEVELOPER'S ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the
Agreement, and the Performance and Payment Bonds hereto attached: all of which are made a part hereof and
collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten 10)days after the date written notice and to
substantially complete the same within_working days after the date of the written notice to commence work,subject to
such extensions of time as are provided by the General and Special Conditions.
The DEVELOPER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal,
which forms a part of this contract,such payments to be subject to the General and Special Conditions of the contract.
IN WITNESS WHEREOF,the parties to these presents have executed this Agreement in the year and day first
above written.
PV Partners. LTD. f i & , 4x,, /E r- /x!r
Parry of the First Part Party of the Second Part
(DEVELOPER) 'CONS TOR)
3y: B y;
Name: Gzneral Partner.. K.A. Whitman dame: /
f
.ATTEST: ATTEST:
Name: Name:
Updated 05/16/2005
ADDENDUM
TO THE
STANDARD FORM OF AGREEMENT
ACKNOWLEDGMENT CLAUSE
The Developer agrees to include in all construction contracts that it enters into for the
completion of the Community Facilities the following:
A. A statement that the City is not holding any security to guaranty payment for work
performed on the Community Facilities;
B. A statement that The Village at Part Vista is private property and that same may be
subject to mechanic's and materialmen's liens;
C. A requirement that the Contractor release the City from any claim that is related to
any work on The Village at Park Vista;
D. A requirement that the Contractor include in its Subcontracts the statements
contained in (A), (B) and (C) above.
The undersigned Contractor acknowledges the following statements as part of the
Construction Contract, and that all Subcontractors shall be made aware of the same.
i 1i ,-, !J -
(DEVELOPER) (CONTRACTOR)
BY: BY: ,
ATTEST: ATTEST:
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AN ADDITI N TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
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