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HomeMy WebLinkAboutContract 36470COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract NZOLM WHEREAS, VH Park Hill Partners, LP, hereinafter called "Developer", desires to make certain improvements to Frisco Railroad, 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 c rX"�#�tjr1 community facilities in accordance with Section II, par gr�'�7 Policy.��`��:�, Frisco Railraod Addition 11.16.2007 1 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 damazes are caused, in whole or in part, by the alleged nemlizence 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 Frisco Railraod Addition 11.16.2007 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 (A4) 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 Developers) 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 AO 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 $ 819495.98 . Frisco Railraod Addition 11.16.2007 3 SUMMARY OF COST Project Name Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $44,133000 44,133,00 2. Storm Drainage $32,750400 32,750400 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ B. Engineering Design $ C. Construction Engineering and Management by DOE 4% $ 31075,32 $ 31075432 D. Materials Testing by DOE 2% $ 11537,66 $ 11537,66 TOTALS 811495,98 1 $ - F811�495,98 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. Frisco Railraod Addition 11.16.2007 4 AN 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,4411, day of , 2008 Approval Recommended: aIdCI M ' x*EYUIR!E ATTEST: I �\ aj:K;;av\ &*� 6 Marty Hendrix City Secretary ATTEST: Corporate Secretary Frisco Railraod Addition 11.16.2007 5 Transportation and Public Works Department Robert Goode, P. E. Director City of Fort Worth YA Marc Ott Assistant City Manager DEVELOPER By; Michael Dike President PART B —PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: Village Homes PROPOSAL FOR: Unit I —Water and Sewer Improvements Unit H — Paving and Drainage Improvements Frisco Railroad Addition Fort Worth, Tarrant County, Texas Water Project No. 1`264-609150084283 Sewer Project No. 1`274-709130084283 City Project No. 00842 File No. W-1982 D.O.E. No. 5749 X-20239 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the improvements referenced above and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: Unit I —Water and Sewer Improvements Unit 11 —Paving and Drainage Improvements Frisco Railroad Addition Fort Worth, Tarrant County, 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-] Updated 05/16/2005 UNIT I: WATER MPROVEMENTS (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:) PAY ITEM IiLK . QUANTITY 1. 1,331 LF 2. 3. 5. 6. 7. 1 2 43 3 m �:3 DESCRIPTION OF ITEMS UNIT WITH BID PRICES WRITTEN IN WORDS PRICE ch water line (DR 14) (complete in place with trench excavation and trench compaction) Twenty three Dollars and Zero Cents per LF TN Cast iron fittings (furnish and install complete in place with concrete blocking) Three thousand Dollars and Zero Cents per TN EA 6" x 6" tapping sleeve and valve (complete in place) Three thousand, eight hundred Dollars and Zero Cents per EA EA 24" x 8" tapping sleeve and valve (complete in place) Four thousand, two hundred Dollars and Zero Cents per EA SY Asphalt pavement repair (complete in place) Fifty Dollars and Zero Cents per SY SY 8-inch concrete curb and valley gutter (complete in place) One hundred twenty Dollars and Zero Cents per SY EA 1-inch water service (complete in place) Four hundred twenty five Dollars and Zero Cents per EA EA Type "A" meter box (complete in place) One hundred Dollazs and Zero Cents per EA TOTAL AMOUNT BID -WATER IMPROVEMENTS B-2 TOTAL AMOUNT 30,613.00 $ 3,000.00 $ 3.570.00 $ 3,800.00 $ 3,800.00 $ 4,200.00 $ 8,400.00 $ 50.00 $ 2,150.00 $ 120.00 $ 960.00 $ 425.00 $ 11,900.00 $ 100.00 $ 2,800.00 $ 64,193.00 Updated 05/16/2005 SECTION Dml — LIST CAST IRON FITTINGS No. of Fittings Size of Fitting Type of Fitting Weight per Fitting (lbs.) Total Weight (lbs.) 1 8" x 6" Reducer 136 lbs. 136 lbs. 2 8 Cleaning Wye 305lbs. 610lbs. 1 8" Tee 2601bs. 260 lbs. 4 8" 45' Bend 1601bs. 6401bs. 4 8" 22.5° Bend 160 lbs. 640 lbs. 2 8" Plus 45 lbs. 90lbs. All fitting weights have associated glands and bolts weights included. GIands and Bolts Total Weight = 2,3761bs. (1.19 Tons) Note: Contractor is responsible for the correct quantity totals of all fittings and specials. E� Updated 05/16/2005 UNIT I: SANITARY SEWER EUPROVEMENTS (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:) PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS PRICE AMOUNT 1. 499 LF 8-111ch sanitary sewer line (SDR-35) (all depths) (complete in place with trench excavation and trench compaction) Thirty two Dollars and Zero Cents per LF $ 32.00 $ 15,968.00 2. 182 LF 84nch sanitary sewer line (SD-26) (all depths) (complete in place with trench excavation and trench compaction) !him six Dollars and Zero Cents per LF $ 36.00 $ 6,552.00 36 5 EA Standard 4400t diameter sanitary sewer manhole including watertight insert (complete in place) Two thousand Dollars and Zero Cents per EA $ 2,000.00 $ 10,000.00 4. 28 EA 4-inch sanitary sewer service with double cleanout (complete in place) Four hundred seventy five Dollars and Zero Cents per EA $ 475.00 $ 13,300.00 5. 16 VF Sanitary sewer manhole additional depth beyond standard 6-foot depth manhole One hundred fifty Dollars and Zero Cents per VF $ 150.00 $ 2A00.00 6. 5 EA Sanitary sewer manhole vacuum testing Seventy five Dollars and Zero Cents per EA $ 75.00 $ 375.00 7. 93 SY Asphalt pavement repair (complete in place) Fifty Dollars and Zero Cents per SY $ 50.00 $ 4,650.00 8. 1 EA Removal of existing SSMH Dollars and Cents per EA $ 1,200.00 $ 1,200.00 B-4 Updated 05/16/2005 9. 638 LF Abandonment of existing 6" sanitary sewer Ten Dollars and Zero Cents per LF $ 10000 $ 64380*00 10. 681 LF Trench Safety One Dollars and Zero Cents per LF $ 1100 $ 681.00 lie 681 LF TV inspection (complete in place) One Dollars and Fifty Cents per LF $ 1950 $ 10021 *50 TOTAL AMOUNT BID — SANITARY SEWER IMPROVEMENTS $ 624527*50 1 Updated 05/16/2005 UNIT II: STORM DRAIN IMPROVEMENTS (Furnish and install, including all appurtenant work, complete in place, the following items.) PAY APPROX. DESCRIPTION OF ITEMS UNIT ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE 1. 405 LF 24-inc11 storm drain pipe (Class III RCP) (complete in place with trench excavation and trench compaction) Fifty five Dollars TOTAL VALUE and Zero Cents per LF $ 55.00 $ 22,275.00 2. 1 EA 4400t square storm drain manhole (complete in place) Two thousand, four hundred Dollars and Zero Cents per EA $ 2,400.00 $ 2.400.00 24" x 24" wye (complete in place) Seven hundred fifty_ Dollars and Zero Cents per EA $ 750.00 $ 750.00 4. 1 EA Connection to existing 24" reinforced concrete pipe (complete in place) One Thousand Dollars anA Zero Cents per EA $ 1,000.00 $ 1,000.00 5. 1 EA Connection to existing 36" reinforced concrete pipe (complete in place) One Thousand Dollars and Zero Cents per EA $ 1.000.00 $ 1.000.00 6. 246 LF Removal of existing 24" RCP Twenty Dollars and Zero Cents per LF $ 20.00 $ 4,920.00 7. 405 LF Trench safety One Dollars and Zero Cents per LF $ 1.00 $ 405.00 TOTAL AMOUNT BID - STORM DRAIN IMPROVEMENTS $ 32 750.00 Updated 05/18/2005 UNIT II: PAVING IMrROVEMENTS PAY APPROX, ITEM QUANTITY 1. 178 SY 2. 3 TN DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS 6-inch lime stabilized subgrade Three Dollars and Zero Cents per SY Lime @ 301bs./SY One hundred twgM Dollars and Zero Cents per TN 64nch asphalt pavement (complete in place) hi Trty two Dollars UNIT TOTAL VALUE VALUE $ 3.00 $ 534.00 $ 120.00 $ 360.00 anA Zero Cents per SY $ 32.00 $ 2,336.00 4. 87 SY 8-inch concrete curb and valley cutter (complete in place) One hundred twenty Dollars and Zero Cents per SY $ 120.00 $ 104440.00 5. 7 EA Handicap ramps (complete in place) One thousand Dollars and Zero Cents per EA $ 14000.00 $ 7.000.00 6. 602 SY 4400t sidewalk Thirty one Dollars and Fifty Cents per SY $ 31.50 $ 18,963.00 7. 1 LS Traffic control Four thousand, five hundred Dollars and Zero Cents per LS $ 4,500,00 $ 4,500,00 TOTAL AMOUNT BID - PAVING IMPROVEMENTS $NEEEEW 44133.00 B-7 Updated 05/16/2005 TOTAL AMOUNT BIDWATER $ 64,193.00 TOTAL AMOUNT BID SANITARY SEWER $ 624527.50 TOTAL AMOUNT BID STORM DRAIN $ 32,750.00 TOTAL AMOUNT BID PAVIlVG $ 44,133.00 GRAND TOTAL AMOUNT BID $ 203,603.50 �3 Updated 05/16/2005 PART B - PROPOSAL (font.) 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 fiunishing 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 1 ® calendar days after issue of the work order, and to complete the contract within I 0 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. LB. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 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. 2 (Initials}. (Seal) Addendum No. 3 (Initials) Addendum No. 4 (Initials Respectfully submitted, Gower By: Jerry Conatser, President of Conatser Management Group, Inc, GI Address i 17 W of -1(P Telephone: QJ �1 • S�j ( L 1�• Updated 05/16/2005 THE CITY fIF FORT W�'T"S, TEXAS Plans for the Constrattift of PAVING, DRAINAGE, SANITARY SEWER To Serve FJ�'l'O RAILRA:O ADDITION CITY PROJECT NO. 00842 FILE N0. W-1982 WATER PROJECT N0. P�64-609150084283 :a fort WorTh Water" O.partm.ni p� 4 E� U[i!R F NA'!f! ! 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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 CFA CODE # 2007103 Frisco Railroad Addition Fort Worth, Texas PAGE 4 OF EXH/BI T "C" 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, 200 $00, 000.00 0 EA $ 3, 200 $00, 000.00 0 EA $ 1, 650 $00, 000.00 Subtotal $00,000.00 City's Cost $00,000.00 Developer's Subtotal 4% Inspection fee Project Total Adjacent Developer's Cost Developer's Cost November 16, 2007 $00,000.00 $0,000.00 $00.000.00 $0,000.00 HTS 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 November 16, 2007 CFA CODE # 2007103 Frisco Railroad Addition PAGE 2 OF EXH/BI T "C" 111. STREETLIGHTS LOCATIONS: CFA CODE # 2007103 Frisco Railroad Addition PAGE 3 OF EXHIBIT "C" 1. 2 3. 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. 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. This development creates the following zero (0) intersections at a cost to the Developer of $0.00. (No new intersections) Frisco Railroad Addition CFA code: 2007103 November 16, 2007