HomeMy WebLinkAboutContract 34232COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary ~��
COUNTY OF TARRANT § Contract No.3LWOr►�—
WHEREAS, SJ Rainbow Ridge Development, L.P., hereinafter called
"Developer", desires to make certain improvements to Rainbow Ridge Addition —
Phase 2, 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, 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 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.
l;,i U l,F 012D
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 Citv 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, 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, B11
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 $728,743.43.
3
SUMMARY OF
COST
Rainbow Ridge Addition Phase 2
Item Developer
Cost
A. Construction
1. Streets $465,074.80
2. Storm Drainage $198,991.00
3. Street Lights $36,400.00
4. Street Name Signs $1,715.00
B. Engineering Design
C. Construction Engineering
and Management by DOE $
(4%) 26,562.63
D. Materials Testing by DOE $
(2%) 13,281.32
TOTALS 728,743.43 $
City Cost Total Cost
$
465, 074.80
198, 991.00
36,400.00
1,715.00
26,562.63
728,743.43
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. Developer's column for Item D represents two percent (2%) of paving and storm drain
costs for materials testing.
5. Provided escrow agreement in the amount of $132,677.84 for Poynter Street future
improvements.
0
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, arld said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the � day of
200�
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City of rt
Marc Ott
NO M&C REQUIRED Assistant City Manager
,ATTEST:
� )C\. axlz 1�
Marty Hendrix
City Secretary
ATTEST:
Corporate Secretary
DEVELOPER
By: SJ Rainbow Ri e Development, L.P.
a Texas Limit A rtnership
By: SJ idge, LLC
its Ge artner
200223830 CFA REVISED FORMAT WITH 4%.doc
wkins
UNIT II: STORM DRAIN IMTROVEMENTS
(Furnish and install, including all appurtenant work, complete in place, the following items.)
PAY APPROX.
DESCRIPTION OF ITEMS
ITEM QUANTITY
WITH BID PRICES WRITTEN IN 'WORDS
1. 90 LF
21-inch storm drain pipe (Class III RCP) (complete
in place with trench excavation and trench
compaction)
Fortv Five Dollars
and Zero Cents per LF $
2. 161 LF
24-inch storm drain pipe (Class III RCP) (complete
in place with trench excavation and trench
compaction)
Fiftv Five Dollars
and Zero Cents per LF $
3. 69 LF
36-inch storm drain pipe (Class III RCP) (complete
in place with trench excavation and trench
compaction)
Seventv Five Dollars
and Zero Cents per LF $
4. 147 LF
3' x 2' Reinforced box culvert (complete in place
with trench excavation and trench compaction)
One Hundred Ten Dollars
and Zero Cents per LF $
5. 400 LF
4' x 2' Reinforced box culvert (complete in place
with trench excavation and trench compaction)
One Hundred Twentv Five Dollars
and Zero Cents per LF $
6. 142 LF
7' x 2' Reinforced box culvert (complete in place
with trench excavation and trench compaction)
Two Hundred Thirtv Dollars
and Zero Cents per LF $
7. 6 EA
10-foot curb inlet (complete in place)
Two Thousand Dollars
and Zero Cents per EA $
8. 1 EA
15-foot curb inlet (complete in place)
Three Thousand Dollars
and Zero Cents per EA $
B-6
UNIT TOTAL
VALUE VALUE
45.00 $ 4,050.00
55.00 $ 8,855.00
75.00 $ 5,175.00
110.00 $ 16,170.00
125.00 $ 50,000.00
230.00 $ 32,660.00
2,000.00 $ 12,000.00
3,000.00 $ 3,000.00
Updated 05/16/2005
UNIT II: STORM DRAIN IMPROVEMENTS
PAY APPROX.
DESCRIPTION OF ITEMS
UNIT
TOTAL
ITEM QUANTITY
WITH BID PRICES WRITTEN IN WORDS
VALUE
VALUE
_9. 1 EA
20-foot curb inlet (complete in place) .
Three Thousand Eight Hundred Dollars
and Zero Cents per EA
$ 3,800.00
$ 3,800.00
10. 2 EA
4-foot square storm drain manhole (complete in
place)
One Thousand Eight Hundred Dollars
and Zero Cents per EA
$ 1,800.00
$ 3,600.00
11. 1 EA
36-inch Type "A" sloped headwall (complete in
place)
One Thousand Nine Hundred Dollars
and Zero Cents per EA
$ 1,900.00
$ 1,900.00
12. 1 EA
4' x 2' Type "A' sloped headwall (complete in
place)
Two Thousand Four Hundred Dollars
and Zero Cents per EA
$ 2,400.00
$ 2,400.00
13, 2 EA
7' x 2' Type "A' sloped headwall (complete in
place)
Four Thousand Two Hundred Dollars
and Zero Cents per EA
$ 4,200.00
$ 8,400.00
14. 1 EA
7' x 2' Type "B" headwall (complete in place)
Three Thousand Nine Hundred Dollars
and Zero Cents per EA
$ 3,900.00
$ 3,900.00
15. 1 EA
Remove existing 36" headwall (complete in place)
Seven Hundred Fifty Dollars
and Zero Cents per EA
$ 750.00
$ 750.00
16. 241 SY
12" — 18" rock rubble rip -rap (adjacent to storm
drain outfalls only) (complete in place)
Sixtv Dollars
and Zero Cents per SY
$ 60.00
$ . 14,460.00.
17. 370 SY
18" — 24" rock rubble rip -rap (no grout) (adjacent to
storm drain outfalls only) (complete in place)
Sixtv Five Dollars
and Zero Cents per SY
$ 65.00
$ 24,050.00
B-7IJ
v L t•.
I1 0
PAY
APPROX.
DESCRIPTION OF ITEMS
ITEM
QUANTITY
WITH BID PRICES WRITTEN IN WORDS
18.
209 LF
French drain (complete in place)
Twelve Dollars
and Zero Cents per LF $
19.
1,010 LF
Trench safety
One Dollars
and Zero Cents per LF $
20.
1,010 LF
Trench bacldill density testing
Zero Dollars
and Thirtv Cents per LF $
TOTAL AMOUNT BID — STORM DRAIN IMPROVEMENTS
UNIT. TOTAL
VALUE VALUE
12.00 $ 2,508.00
1.00 $ 1,010.00
0.30 $ 303.00
$ 198,991.00
B-8 2U
Update 05h095
UNIT II: PAVING IMPROVEMENTS
PAY
APPROX.
DESCRIPTION OF ITEMS
UNIT
TOTAL
ITEM
QUANTITY
WITH BID PRICES WRITTEN IN WORDS
VALUE
VALUE
1.
17,765
SY
6-inch lime stabilized subgrade
One
Dollars
and Ninetv Five
Cents per SY
$ 1.95
$ 34,641.75
2.
266
TN
Lime Q 301bs./SY
Ninety Nine
Dollars
and Zero
Cents per TN
$ 99.00
$ 26,334.00
3.
17,219
SY
6-inch concrete pavement (complete in
place with
silicone joint sealing and 7-inch curb)
Twentv One
Dollars
and Ninetv Five
Cents per SY
$ 21.95
$ 377,957.05
4.
6
EA
Street Barricade as shown on City of Fort Worth
Standard Details (complete in place)
Five Hundred
Dollars
and Zero
Cents per EA
$ 500.00
$ 3,000.00
5.
100
SY
12" - 18" rock rubble rip -rap (adjacent
to roadways
only) (complete in place)
Sixty
Dollars
and Zero
Cents. per SY
$ 60.00
$ 6,000.00
6.
496
SY
4-inch sidewalk (open area adjacent to
City of Fort
Worth Park only) (complete in place)
Twentv Seven
Dollars
and Zero
Cents per SY
$ 27.00
$ 13,392.00
7.
1
EA
ADA ramps (complete in place)
Seven Hundred Fiftv
Dollars
and Zero
Cents per EA
$ 750.00
$ 750.00
8.
1
LS
Pavement testing
Three Thousand
Dollars
and Zero
Cents per LS
$ 3,000.00
$ 3,000.00
TOTAL
AMOUNT
$ID - PAVING IMPROVEMENTS
$ 465,074A0
B-9
Updated 05/16/2005
TOTAL AMOUNT BID WATER $ 187.880.00
TOTAL AMOUNT BID SANITARY SEWER $ 147.827.10
TOTAL AMOUNT BID STORM DRAIN $ 198.991.00
TOTAL AMOUNT BID PAVING $ 465,074.80
GRAND TOTAL AMOUNT BID $ 999.772.90
B-10
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 faithfdl 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 _L0 calendar days after issue of the work order,
and to complete the contract within I0 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 tp 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-I1
Updat d 01�6%2005' i
B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
B-12
Updated 05/16/2005
RECLIVED
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,
i
By: Conatser Construction TX, LP
Mark Pannas
Title:
Vice President of Conatser Manazement Groun. Inc.. LP
Address:
5327 Wichita Street
Fort Worth. Texas 76119
Telephone: 817-534-1743
(Seal)
Date: /1yl, 6
By execution of these contract documents, the Contractor agrees to the following:
A. The Contractor hereby acknowledges and accepts the fact that the City of Fort Worth is not
holding any security to guarantee any payment for work performed on the proposed community
facilities improvements associated with this project.
B. The Contractor acknowledges and agrees that the project Property is private property and that
same may be subject to mechanic's and materialmen's liens.
C. The Contractor agrees to release the City of Fort Worth from any claim that is related to the
project Property.
D. The Contractor agrees to include in any and all Contract Documents with subcontractors, for
work related to this project, the same three statements above preceding this sentence.
B-13
Updated 05/16/2005
Rx Date/Time JAN-20-2006(FRI) 09:51
Jan.20. 2006 9:14AM
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
ITEM DESCRIPTION I QTY/UNITI I PRICE
1. STORM DRAIN
1 112 - 7 barrel 8'x4' RCB
2 TXDOT Multiple barrel Headwall
3 Handrail
4 18" - 24" rock rubble rip -rap
SUBTOTAL
II. PAVING
1 6" Lime Stabilized Subgrade
2 Lime Q 30lbs/sy
3 6-inch concrete pavement(complete In place with,
silicone joint sealing and 7-inch curb)
4 4' sidewalks
SUBTOTAL
1101AL I'kOUABLE CONSTRUCTION ('O$1
35 LF
$ 2,250.00 $
1 EA
$ 22,000.00 $
80 LF
$ 75.00 $
250 SY
$ 50.00 $
494 SY
$ 1.95 $
7 TN
$ 99.00 $
481 SY
$ 21.95 $
99 SY
$ 27.00 $
is
P. 003
No.0269 P. 3
AMOUNT I
78,760.00
22,000.00
4,500.00
12,500.00
117,750.00
963.30
733.59
10,557.95
2,673.00
14 927.84
132,677.84
2002239-10 OPDC-Esaaw )&012C JWM.xls Page 1 o1 1
I. STREET LIGHT COST ESTIMATE
INTERSECTIONS
MID -BLOCK RESIDENTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID -BLOCK COLLECTOR
MID -BLOCK ARTERIAL
MID -BLOCK ARTERIAL MEDIAN
RELOCATE EXISTING LIGHT
( Revised on 01/25/2006 )
CFA CODE #2005173
QUANTITY UNIT COST TOTAL COST
6
EA
$
2,600
$15,600.00
7
EA
$
2,600
$18,200.00
1
EA
$
2,600
$2,600.00
0
EA
$
2,600
$00,000.00
0
EA
$
3,000
$00,000.00
0
EA
$
3,000
$00,000.00
0 EA $ 1,500 $00,000.00
Subtotal
$36,400.00
City's Cost
$00,000.00
Developer's Subtotal
$36,400.00
10% Contingencies
$00,000.00
Project Total
$36,400.00
Adjacent Developer's Cost
$00.000.00
Developer's Cost
$36,400.00
DEVELOPERS COST: $36,400.00
RAINBOW RIDGE, PHASE II
January 12, 2006
Fort Worth, Texas
January 26, 2006
PAGE I OF EXHIBIT "C"
II STREET LIGHTS WORK DESCRIPTION:
1. The Developer shall provide for the installation of street lights 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 street lights 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 street light installation is detailed on page
(1) of exhibit "C" and is summarized below. The street lights will remain
the property of, and will be maintained by the City of Fort Worth
January 12, 2006
DEVELOPERS COST: $36,400.00
RAINBOW RIDGE, PHASE II
(Revised on 01/25/2006)
CFA CODE #2005173
PAGE II OF EXHIBIT Etc is
III
"STREET LIGHTS"
INTERSECTIONS
MONTEGO
BAY WAY
& POYNTER ST 1
POYNTER
ST
& GUYANA RD 1
POYNTER
ST
& ABACO WAY 1
POYNTER
ST
& CURACAO DR 1
CURACAO
DR
& ARUBA IN 1
GUYANA RD
& ABACO WAY 1
MID BLOCK
CURACAO DR 4
ABACO WAY 3
CHANGE OF DIRECTIONS
GUYANA RD 1
RAINBOW RIDGE, PHASE II
PAGE III OF EXHIBIT "C't
Iv
STREET NAME SIGNS
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 seven (7) intersections at a
cost to the Developer of $1,715.00:
Poynter St & Montego Bay Way
Poynter St & Guyana Rd
Poynter St & Abaco Way
Poynter St & Curacao Dr
Aruba Lane & Curacao Dr
Guyana Rd & Curacao Dr
Guyana Rd & Abaco Way
Rainbow Ridge Addition, Phase II
CFA code: 2005173 January 12, 2005
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1501 Merrimac Circle, Suite 100, Fort Worth, TX 76107
Tel: (617) 335-1121, Fax: (617) 335-7437
REMAINDER FUTURE
RISINGER CORPORATION —N
VOLUME 14676. PAGE 92 36' F—F 6"
D.R.T.C.T.
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RAINBOW RIDGE ADDITION — PHASE 11 Tel: (817) 335-1121, Fax: (817) 335-7437
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EXHIBIT "B-1 " ,/�/ Planners
GIPOSEO STORM LUNA/N &INLET STORM DRAIN SYSTEM Associates, L.P. Landscape
ad crape Architects
® EXIS77NG STORM DRAIN & INLET RAINBOW RIDGE ADDITION - PHASE II 1501 Merrimac Circle, Suite 100, Fort Worth, Tx 76107
O Tel: (617) 335-1121. Fax: (617) 335-7437
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MCCART—RISINGER L.P.
COUNTY CLERKS DOCUMENT
NO. D204331963
D.R. T.C.T.
FUTURE —N-
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MCCART—RISINGER LP.
COUNTY CLERKS DOCUMENT
NO. D204331963
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FUTURE PAYING PLAN LandscapaArchdade
1501 Merlirlae alcle, Sude ioo, Furl worth, Tx 76107
RAINBOW RIDGE ADDITION — PHASE If Tel: (SIT) 33&1121. Fax (SIT) 3357437
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® PROPOSED STORM DRAIN & INLET
EXIS77NO STDRU DRAIN & INLET
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EXHIBIT "B-1 B "
FUTURE STORM DRAIN SYSTEM
RAINBOW RIDGE ADDITION - PHASE If
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1501 tMaimec Grde, Suite 100, Fat Worth, TX 76107
Tel: (817) 335-1121, Far (817) 335-7437
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SCALE: 1" = 300'
MCCART—RISINGER L.P.
COUNTY CLERKS DOCUMENT
NO. D204331963
D.R.T.C.T.
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