HomeMy WebLinkAboutContract 33575 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary ���
COUNTY OF TARRANT § Contract No.3-��
WHEREAS, Waterview Estates, L.P., hereinafter called "Developer", desires to
make certain improvements to Waterfront at Enchanted Bay, an addition to the City of
Fort Worth, Texas (the "Site"); 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:
1. Construct the Public Improvements to the satisfaction of the City
and expend the greater of(a) seventeen percent (17%) of the cost
of the Public Improvements or(b) $70,500 of the cost of the Public
Improvements, regardless of the amount of such total cost, with
Fort Worth Certified M/WBE Companies (the "M/WBE
Expenditure Commitment'). For purposes of this Agreement, a
"Fort Worth Certified M/WBE Company" means a minority or
woman-owned business that has received certification as either a
minority business enterprise (MBE) or a won
IF i
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06-02-06 PC4 �4b IN
1
enterprise (WBE) by either the North Texas Regional Certification
Agency (NTRCA) or the Texas Department of Transportation
(TxDOT), Highway Division, and whose principal office is located
within the corporate limits of the City from which the service
claimed is provided;
2. Use best efforts to exceed the M/WBE Expenditure Commitment
by expending the greater of(a) twenty-five percent (25%) of the
total cost of the Public Improvements, regardless of the amount of
such total cost, or (b) $103,750 of the cost of the Public
Improvements with Fort Worth Certified M/WBE Companies (the
"M/WBE Good Faith Effort");
3. Reimburse the City $21,020 for the installation of a screening
fence for a temporary lift station (the "Fence Reimbursement");
and
4. Substantially Complete single family residential units on the site
(each a "Private Improvements"), as more specifically set forth in
Section 1.D below. For purposes of this Agreement, a Private
Improvement shall be deemed "Substantially Complete" when the
City has completed a rough inspection of the Private Improvement
in accordance with amendments adopted by the City to the
International Residential Code, Section 7-62, subsection 108.5.
D. Following (i) completion by Developer and full and complete
acceptance by the City of the Public Improvements and (ii) payment
by Developer to the City of the Fence Reimbursement (the
"Completion Date"), the City agrees to reimburse the Developer, an
amount equal to the lesser of (i) the actual costs of the Public
Improvements expended by Developer plus City inspection and
material testing fees related to the construction of the Public
Improvements or (ii) $439,571.61 (the "Base Participation Amount"),
subject to any reduction pursuant to Section LE hereof due to
Developer's failure to meet the M/WBE Expenditure Commitment
(the "City Participation Amount") and subject to Developer's
Substantial Completion of the Private Improvements, as more
specifically set forth in this Section I.D. If 150 Private Improvements
are Substantially Complete as of the Completion Date, the City will
�)��111,JL;l11 �E 102D
2 ��ti� M11-J MIT
pay Developer the full City Participation Amount within thirty (30)
calendar days following the Completion Date. If less than 150 Private
Improvements are Substantially Complete as of the Completion Date,
the City shall pay Developer the City Participation Amount in
installments, without interest to Developer. The first installment shall
equal 10% of the City Participation Amount for every 15 Private
Improvements that were Substantially Complete as of the Completion
Date and shall be payable within thirty (30) calendar days following
the Completion Date. Thereafter, the City shall pay periodic
installments of 10% of the City Participation Amount within thirty
(30) calendar days following the date as of which an additional 15
Private Improvements have been substantially completed; provided,
however, that if ISO Private Improvements have not been
Substantially Completed by the second anniversary of the date of
execution of this Agreement by both parties, this Agreement shall
terminate and the City shall have no further obligation to Developer,
regardless of whether Developer received the full City Participation
Amount
E. Notwithstanding anything to the contrary herein, the City Participation
Amount will equal the Base Participation Amount only if Developer
meets the M/WBE Expenditure Commitment. If Developer fails to
meet the M/WBE Expenditure Commitment, the City Participation
Amount shall equal the Base Participation Amount, reduced by the
same percentage by which Developer failed to meet the M/WBE
Expenditure Commitment. For example, if the cost of the Public
Improvements is $450,000.00, the Base Participation Amount would
be $439,571.61 and the M/WBE Expenditure Commitment would be
$76,500 (17% of$450,000). If, however, only $70,000.00 in costs for
the Public Improvements were expended with Fort Worth Certified
M/WBE Companies, Developer would have missed the M/WBE
Expenditure Commitment by 8.5% [$70,000/$76,500 = 0.9150]. As a
3
result, the City Participation Amount would equal the Base
Participation Amount, reduced by 8.5%, or $402,208.02 [$439,571.61
x .9150]. If Developer fails to meet the NVVVBE Good Faith Effort,
Developer shall provide a written statement to the City that outlines
the efforts Developer took to meet the M/WBE Good Faith Effort and
an explanation as to why Developer believes it was unable to achieve
the NVWBE Good Faith Effort. However, failure to meet the M/WBE
Good Faith Effort (as opposed to the M/WBE Expenditure
Commitment) shall not cause a reduction to the City Participation
Amount.
F. The City will have the right throughout the term of this Agreement to
audit the financial and business records of the Developer that relate to
the installation of community facilities contemplated under this
agreement and any other documents necessary to evaluate the
Developer's compliance with this Agreement or with the goals and
commitments set forth in this Agreement (collectively "Records").
The Developer shall make all Records available to the City on the
Development Property or at another location in the City acceptable to
both parties following reasonable advance notice by the City and shall
otherwise cooperate fully with the City during any audit.
G. Developer shall provide financial security in conformance with
paragraph 6, Section II, of the Policy.
H. Developer acknowledges that there shall be no reduction in the amount
of financial security prior to project completion and acceptance by the
City.
I. The Developer shall award all contracts for the construction of
community facilities in accordance with Section 11, paragraph 7 of the
Policy.
J. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section I1, of the
Policy.
K. 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.
L. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
M. 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).
N. 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).
O. 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.
P. 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.
5
Q. 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.
R. 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, 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 $0.00.
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SUMMARY OF
COST
Waterfront at Enchanted Bay Culverts
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $0.00 $ -
2. Storm Drainage $ -
A. Kaltenbrun Rd. MBC $0.00 $240,860.80 $240,860.80
B. Sun Valley Rd. MBC $0.00 $173,829.40 $173,829.40
B. Engineering Design $ -
Public Improvement subtotal $414,690.20 $414,690.20
C. Construction Engineering
and Management by DOE
(4%) 16,587.61 $16,587.61 D. Materials Testing by DOE
2% 8,293.80 $8293.80 -
TOTALS $ 0.00 $439,571.61 $439,571.61
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
2. City not preparing plans and specifications.
IN NVITNESS WHEREOF, the parties have executed this Agreement in multiple
counterparts, each of which shall be considered an original, but all of which shall constitute
one instrument, as of the last date indicated below:
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
CITY OF FORT WORTH:
ef:�c
Marc Ott
` Assistant City Manager
contract" AuthorizatiOA
r.l 1- s�_ Date:
Datf:
ATTEST:
Marty Hendrix
City Secretary
Approved as to Form:
Assistant City orney
C-213 S8 3 21-o4
8 SECS Ruff
FT. c• � �LG�1.
WATERVIEW ESTATES, L.P.:
By: Pars Investments, Inc.
It's General Partner,
Mehrdad Moayedi, Manager
Date
ATTEST:
Corporate Secretary
9
CB 011370.010 Pagel
Sm
N� ihlb< 5.
WATERFRONT AT ENCHANTED BAY PHASE i
18-Jan-2006
STORM DRAIN SYSTEM - KALTENBRUN MBC (HUMPHREY & MORTON)
ITEM# IDESCRIPTION QTY UNIT PRICE AMOUNT
1 12-7'x 3'Box Culvert Kaltenbrun Rd. 60 L.F. 2,256.00 135,360.00
2 12-7'x 3'MBC Walls (Wing, Head &Toe Walls 73 C.Y. 456.00 33,288.00
3 PEDESTRIAN HAND RAIL 316 L.F. 58.90 18,612.40
4 ROCK RUBBLE RIP RAP 170 S.Y. 53.70 9,129.00
5 6"ASPHALT PAVEMENT KALTENBRUN RD. 612 S.Y. 26.20 16,034.40
6 6" LIME STABALIZED SUBGRADE 620 S.Y. 5.20 3,224.00
7 HYDRATED LIME 9.0 TON 122.00 1,098.00
8 GABION WALL AND FOOTING 1 L.S. 24,115.00 24,115.00
TOTAL- STORM DRAIN SYSTEM -KALTENBRUN MBC $240,860.80
STORM DRAIN SYSTEM - SUN VALLEY RD. MBC (HUMPHREY& MORTON)
ITEM# IDESCRIPTION QTY UNIT PRICE AMOUNT
1 12-7'x 3'Box Culvert Sun Valley Rd.wl Walls 50 L.F. 2,256.00 112,800.00
2 12-7'x 3' MBC Walls (Wing, Head &Toe Walls 73 C.Y. 456.00 33,288.00
3 PEDESTRIAN HAND RAIL 316 L.F. 58.90 18,612.40
4 ROCK RUBBLE RIP RAP 170 S.Y. 53.70 9,129.00
TOTAL-STORM DRAIN SYSTEM -SUN VALLEY RD. MBC $173,829.40
TOTAL-STORM DRAIN SYSTEM AS CITY PARTICIPATION $414,690.20
NOTE: Contract prices are used in this spreadsheet as bid in April 2005.
RECEIVED
G:\JOB\011370\EST\Phl BoxesCFA20060118
PART B-PROPOSAL
(This Proposal must not be removed from this book of Contract Documents)
TO: WATERVIEW ESTATES, L.P. Fort Worth,Texas '
DEVELOPER MARCH 2O05
c/o CARTER& BURGESS, INC. i
FOR: MULTIPLE BOX CULVERT IMPROVEMENTS FOR
WATERFRONT AT ENCHANTED BAY
D.O.E. NO. 4472 FILE NO.W-1478
Includes the furnishing of all materials(except as'specified to be furnished by the City),
equipment and labor for the installation of a water distribution system, a sanitary sewer system,
a storm drain system, all necessary appurtenances and incidental work to provide a complete
and serviceable project.
Pursuant to the foregoing "Notice to Bidders;"including plans, special contract documents, and
the General Contract Documents and General Specifications for Water Department-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 inspection and i
approval of the Director of the City Water Department 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:
I
(Furnish and install, including all appurtenant work, complete in place, the following items): j
PAY I APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID f
STORM DRAIN-KALTENBRUN ROAD I :
1. - &•-G.Y.-' 12- Tx 3' Multiple Box Culvert(60
foo t.,F L.F.), including upstream and !;
AAD downstream channel grading, Complete
in place for the sum of co
TWO rq0.5&VD TWO own"aaD
/w)r'y S/X Dollars.& r,
GJAJeA0
ND
Cents per4adbic•Yard $ $ i
N'UOB1011370%SPEC1011370.0100.dao P-1
•1 1
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
1 2. 73 C.Y. 12—7'x 3' Multiple Box Culvert Walls
Including Wingwalls, Headwalls, and
>: Toewalls, Complete in place for the sum
of i
:.V �vlZ J7V•JO�+�
33 DAL Zss.
Dollars&
Cents per Cubic Yard $ $
3. 316 L.F. Pedestrian Hand Rail(PR1), Complete
in Place for the Sum of
i •
+ 470 j
FYrYt td?H 7—
Dollars&
Cents per Linear Foot $ $
4. 170 S.Y. Rock Rubble Rip Rap, Complete in
Gjpdv Place for the Sum of
�T'Y TffrLr
=�' J Dollars &
i
SE Cents per Square Yard $ $
5. 612 S.Y. 6"Asphalt Pavement, Complete in Place
for the Sum of
ZO
F 2 G 034.
S/+C Dollars&
I lue -r7'
Cents per Square Yard $ $ �
6. 620 S.Y. 6"Lime Stabilized Subgrade, Complete t
in Place for the Sum of +�
i�
f 20
�l✓C Dollars&
'7 wg�'N7'Y Cents per Square Yard $ $
M'
1�
r..••
N4joe%D17370%SPIEC%011370.0100.doc P-2 V FFIC:I A+ I ;H V W�1
i
t
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
7. 9 Ton •Hydrated Lime Subgrade, Complete in
' Place for the Sum of
00
f I
_WGW;"f W o Dollars & ` ZZ. 01 S•
N b Cents per Ton $ $
8. 1 L.S. Gabion Wall and Footing along
Channel, Complete in Place for the Sum
of
�IuG.rtY ro.►i2�T'�5"''r� p�,tE �e c�
Z4 115: 7-4
4yWCdEP r1Pr64� Dollars &
N 0 Cents per Lump Sum 1 $ $
STORM DRAIN SYSTEM-KALTENBRUN ROAD $2.qO '
i
i
N:VOB\0113701SPEMI1370.010D.doc P-3
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QUANTITY . PRICES WRITTEN IN WORDS PRICE BID
STORM DRAIN—SUN VALLEY ROAD
1. -_248-.-E?F 12—7'x 3' Multiple Box Culvert(50
0 1,,,,F= L.F.), including upstream and
n,c I downstream channel grading, Complete
in place for the sum of
�uo-rt�oJs��ll>i,�o I�uc��r, 2z5(o. � �Z,Ste•
r T"y S ( X' Dollars&
Gr 49%a.
Cents perGebleVerd $ $
2. 73 C.Y. 12—Tx 3' Multiple Box Culvert Walls
Including Wingwalls, Headwalls, and
Toewalls;Complete in place for the sum
of
Fr,0g_l- v FI rrr ��.= 33 288.
-S t V. Dollars&
N Cents per Cubic Yard $ $
3. 316 L.F. Pedestrian Hand Rail (PR1), Complete
in Place for the Sum of
�° GIz4d
Q IS
Ft F E✓I �µT -Dollars & o'
ETJ Cents per Linear Foot $ $
4 170 S.Y. Rock Rubble Rip Rap, Complete:in
Aexv►lg�' Place for the Sum of
FI 1"T),rii e45� Dollars &. 63'
S rn_ !R!�Cents.<pp Square Yard v$ A,$
STORM DRAIWSYSTEM=:SUN VALLEY
Storm Drain-.Kaltenbrun Road_MBC $ ol p
Storm Drain—Sun Valley Road MBC $ a o
Total StonmDrain:;System
WUM0113701SPEC1011370.010D.doc P-3
SSijK(5L..
PART B-PROPOSAL(cont.)
Within ten (10)days 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 in
the amount of 5% is to become the property of Waterview Estates, L.P.,'in the event the
contract and bond or bondg are not executed and delivered within the time above set forth, as
liquidated damages for delay and additional work caused thereby.
The undersigned bidder certifies 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 these specific Contract Documents and appurtenant plans.
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
by the Owner, and to complete the contract withinI O working days after beginning 1
construction as set forth in the written work order to be furnished by the.Owner.
_ (Complete A or B below, as applicable:)
fA. The principal place of business of our company is in the State of %2XQ5 .
[ ] 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.
t [ ] Nonresident 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.
f
WJOB70113701SPECWI 1370.010D.doc P-4
Receipt is acknowledged of the following addenda:
Addendum No. 1
t Addendum No. 2
Addendum No. 3
tRespectfully submitted,
ti Cc C.
(SEAL)
. BY: ``►
If Bidder is Corporation.
TITLE: 1�1► Pa e61 �-J T
ADDRESS: r,0• 0 V gD�7
Fb (,cooL . 7x . 7& /7-6z
l .
t
l
i
N:VOB10113701SPEQ01 1370.010D.doe P-5
r
CB 011370.010 Pagel
R MR15. � .'FJ^�A.�a : . .Q�..............................................
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::..........................................•
WATERFRONT AT ENCHANTED BAY PHASE I
18-Jan-2006
STORM DRAIN SYSTEM -KALTENBRUN MBC(HUMPHREY& MORTON)
ITEM# IDESCRIPTION QTY UNIT PRICE AMOUNT
1 12-7'x 3'Box Culvert Kaltenbrun Rd. 60 L.F. 2,256.00 135,360,00
2 12-7'x 3'MBC Walls(Wing, Head&Toe Walls 73 C.Y. 456.00 33,288.00
3 PEDESTRIAN HAND RAIL 316 L.F. 58.90 18,612.40
4 ROCK RUBBLE RIP RAP 1701 S.Y. 53.70 9,129.00
5 6"ASPHALT PAVEMENT KALTENBRUN RD. 612 S.Y. 1 26.20 16,034.40
6 6"LIME STABALIZED SUBGRADE 620 S.Y. 5.20 3,224.00
7 HYDRATED LIME 9.0 TON 122.00 1,098.00
8 GABION WALL AND FOOTING 1 L.S. 24,115.00 24,115.00
TOTAL- STORM DRAIN SYSTEM-KALTENBRUN MBC $240,860.80
STORM DRAIN SYSTEM -SUN VALLEY RD. MBC (HUMPHREY&MORTON)
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
1 12-7'x 3'Box Culvert Sun Valley Rd.w/Walls 50 L.F. 2,256.00 112,800.00
2 12-Tx T MBC Walls(Wing, Head&Toe Wails 73 C.Y. 456.00 33,288.00
3 PEDESTRIAN HAND RAIL 316 L.F. 58.90 18,612.40
4 ROCK RUBBLE RIP RAP 170 S.Y. 53.70 9,129.00
TOTAL-STORM DRAIN SYSTEM-SUN VALLEY RD.MBC $173,829.40
TOTAL-STORM DRAJN SYSTEM AS CITY PARTICIPATION $414,690.20
NOTE: Contract prices are used in this spreadsheet as bid in April 2005.
G:UOB\011370\EST\Phl BoxesCFA20060118
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IX
LEGEND STORM DRAIN
PROP. STORM DRAIN LINE EXHIBIT W
PROP. INLET r WATERFRONT AT
PROP. MANHOLE ENCRAWMD BAY
PROP. MANHOLE BOX CULVERTS
PROP. HEADWALL Carkw n Burgess
EXIST. STORM DRAIN LINE CAM& BURGESS,INC.
"7 VM4 3VW
LIMITS OF PROJECT IOU=TA 761M
wn
PROJECT NO. 0113TO.010.1.0630
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