HomeMy WebLinkAboutContract 34204COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.&aW
WHEREAS, R/P LPC II Ltd., hereinafter called "Developer", desires to make
certain improvements to River Elm Addition Phase 1, 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. 11 [
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River Elm Addition Ph. 1 — 06-19-06 1
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The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the
Policy.
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 Citv of Fort Worth, its officers, servants, or emplovees.
Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
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).
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).
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.
Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by
Developer required to
River Elm Addition Ph. 1 — 06-19-06 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.
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
and storm drainage and other community facilities improvements shown
as "current improvements" on the attached Exhibits B and 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 and storm
drainage as shown on the attached Exhibits B and B-1. The estimated total
cost of current improvements and related support services specified in this
agreement, including design, construction and inspection is estimated to
$30,444.26.
River Elm Addition Ph. 1 — 06-19-06 3
Item
A. Construction
1. Streets
2. Storm Drainage
B. Engineering Design
C. Construction Engineering
and Management by DOE
(4%)
D. Materials Testing by DOE
(2%)
TOTALS
SUMMARY OF COST
River Elm Addition Phase 1
Developer City Cost
Total Cost
Cost
$ 16,395.00
$
16,395.00
$ 12,326.00
$
12,326.00
$ 1,148.84
$
1,148.84
$ 574A2I
$
574.42I
$ 30,444.26
$
30,444.26
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.
River Elm Addition Ph. 1 — 06-19-06 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
,2006. RECEIVED
Approval Recommended:
NO MR--C 1UQUII;ED
ATTEST:
Marty Hendri
City Secretary
ti 1 1 1,10 1.
Corporate Secretary
JUL 2 � 2006
Transportation and Public Works
Department
Robert Goode, P. E.
Director
C4fFW rth
Marc Ott
Assistant City Manager
R/P LPC II Ltd.
By:
Michael A. Reilly
President
Sunrise Partners, Inc. G.P.
River Elm Addition Ph. 1 — 06-19-06 5
PART B — PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: R/P LPC II Ltd.
PROPOSAL: UNIT II — PUBLIC PAVING AND DRAINAGE IMPROVEMENTS
RIVER ELM ADDITION — PHASE 1
D.O.E. NO.5324
FILE NO. W-1850
X NO. 18748
Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of Unit II — Public Paving and Drainage Improvements to
serve River Elm Addition, Phase 1 and all necessary appurtenances and incidental work to
provide a complete and serviceable project designated as:
Unit II — Public Paving and Drainage Improvements
River Elm Addition — Phase 1
Fort Worth, Texas
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:
B-1
Updated 05/16/2005
UNIT H: PUBLIC 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. 66 LF 30-inch storm drain pipe, Class III RCP
(complete in place with trench excavation and
trench compaction), per linear foot
Sixty Dollars
$ 60.00 $ 3.960.00
and Zero Cents
2. 6 LF 6' wide concrete flume with 6.5' x 4' x 0.75'
bolted down diamond plate, per linear foot
(See Detail on Sheet 20 of 25.)
Seventv Five Dollars
$ 75.00 $ 450.00
and Zero Cents
3. 117 SY Concrete pavement repair, per square yard
(See Sheet 19 of 25.)
Fifty Dollars
$ 50.00 $ 5.850.00
and Zero Cents
4. 1 EA Connection to existing curb inlet, per each
(See Sheet 20 of 25.)
One Thousand Dollars
$ 1,000.00 $ 1,000.00
and Zero Cents
5. 1 EA Connection to existing 72" RCP, per each
(See Sheet 19 of 25.)
One Thous�uid Dollars
and Zero Cents
$ 1.000.00 $ 1.000.00
B-2 ^?:
U'pdeiied 05/16/2005
6. 66 LF Trench safety, per linear foot
One Dollars
and Zero Cents $ 1.00 $ 66.00
TOTAL AMOUNT BID STORM DRAIN: $ 12.326.00
B-3
Updated 05/16/2005
UNIT IT: PUBLIC 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. 78 SY 6-inch concrete paving for streets, including
mountable 12" curb and joint sealing, per
square yard
Twenty Five Dollars
$ 25.00 $ 1,950.00
and Zero Cents
2. 81 SY 6-inch Lime stabilized subgrade, per square
yard
Two Dollars
$ 2.00 $ 162.00
and Zero Cents
3. 1.2 TON Lime for subgrade.(30 Ibs/s.y.), per ton
One Hundred Dollars
$ 100.00 $ 120.00
and Zero Cents
4. 319 SY 4' concrete sidewalk along River Park Drive
(complete in place, per square yard
Twenty Seven Dollars
$ 27.00 $ 8.613.00
and Zero Cents
5. 3 EA Handicap ramp (complete in place), per each
Eight Hundred Fifty Dollars
$ 850.00 $ 2.550.00
and Zero Cents
B-4
Updated 05/16/2005
6. 1 LS Traffic control, per lump sLm1
(See Sheet 13 of 25.)
Three Thousand Dollars
and Zero Cents $ 3-000.00 $ 3.000.00
TOTAL AMOUNT BID PAVING: $ 16.395.00
B-5
Updated 05/16/2005
BID SUMMARY
TOTAL AMOUNT BID STORM DRAIN
TOTAL AMOUNT BID PAVING
12.326.00
16.395.00
GRAND TOTAL AMOUNT BID $ 28.721.00
B-6
Updated 05/16/2005
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 plaits.
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 / ' calendar days after issue of the work order,
and to complete the contract within 3J 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.
XB. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
B-7
Updated 0511612005
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)
(Seal)
Date: ` (;a (v C
Respectfully submitted,
Conatser. Co struc ' n LP
By:
Mark Pappas
Title
Vice President. Conatser Management Group. Inc.
Address
5327 Wichita Street
Port Worth. Texas 76115
Telephone: 817-534-1743
B-8
Updated 05/16/2005
III STREETLIGHTS
I. STREETLIGHTS COST ESTIMATE:
INTERSECTIONS
MID -BLOCK RESIDENTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID -BLOCK COLLECTOR
MID -BLOCK ARTERIAL
MID -BLOCK ARTERIAL MEDIAN
RELOCATE EXISTING LIGHT
DEVELOPERS COST: $0.00
QUANTITY UNIT COST TOTAL COST
0 EA $ 2,600
$00,000.00
0 EA $ 2,600
$00,000.00
0 EA $ 2,600
$00,000.00
0 EA $ 2,600
$00,000.00
0 EA $ 3,000
$0,000.00
0 EA $ 3,000
$00,000.00
0 EA $ 1,650
$00,000.00
Subtotal
$0.00
City's Cost
$00,000.00
Developer's Subtotal
$0.00
4% Inspection fee
$0.00
Project Total
$00,000.00
Adjacent Developer's Cost
$00.000.00
Developer's Cost
$0.00
CFA CODE # 2006089
River Elm Addition, Phase I (Private Development)
Fort Worth, Texas July 27, 2006
PAGE 1 OF EXHIBIT " C"
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: $0.00
CFA CODE # 2006089
River Elm Addition, Phase I (Private Development)
July 27, 2006
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
CFA CODE # 2006089
River Elm Addition, Phase I (Private Development)
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 zero (0) intersections at a cost
to the Developer of $0.00:
(Private development.)
River Elm Addition, Phase I
CFA code: 2006089 July 27, 2006
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Tel: (617) 335-1121, Fax: (617) 335-7437
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Architects
1501 Mentnac Ckde, Sub 100, Fort Woffi. TX 76107
EXISTING STORM DRAIN & INLET RIVER ELM ADDITION — PHASE I Tel: (817) 335-1121, Fax (817) 3355-7437
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