HomeMy WebLinkAboutContract 37061COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, Watercolor Partners L.P., hereinafter called "Developer", desires to
make certain improvements to Watercolor, 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.
Watercolor Apartments
2008010
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1
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy.
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 nezliaence 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).
Watercolor Apartments
2008010
02/18/2008
vhl a C=�Il� I�°e1
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 %J way
and easements across property owned by Developer required to
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, Bl 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,
Watercolor Apartments 3 '���'`''
2008010 7 4
02/18/2008
including design,
SUMMARY OF
COST
Watercolor Apartments
Item
Developer
Cost
City Cost
Total Cost
A. Construction
$ -
1. Streets
$12,970,00
$12,970,00
2. Storm Drainage
$20,227,00
$207227,00
3. Street Lights
$0.00
$ -
4. Street Name Signs
$0.00
$
B. Engineering Design
$
C. Construction Engineering
and Management by DOE
(4%)
$17327,88
$1,327488
D. Materials Testing by DOE
(2%)
$663.94
$663.94
TOTALS
$35,188,82
$ -
$357188,82
Notes:
l . 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.
'� Watercolor Apartments 4J
2008010 d L }
02/18/2008
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
executed this instrument in triplicate, at Fort Worth,
, 2008.
Approval Recommended:
ATTEST:
City Secretary
ATTEST:
Corporate Secretary
Watercolor Apartments
2008010
02/18/2008
City affixed, and said Developer has
Texas this the O.Lik day of
Transportation and Public Works
City ofortli�
Fernando Costa
Assistant City Manager
DEVELOPER
Watercolor Partners L.P.
William Boecker, Manager
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EXHIBIT B
CONSTRUCTION COST ESTIMATE
PROJECT NAME: Watercolor ACREAGE: 27.24
PHASE:
D A T E: 31-Jan-08
BY:
CHECKED:
FILE NAME: 157200400 DATE PREP: 31-Jan-08 REVISED:
APPROXIMATE UNIT
PEI #: 157200400
TE
RP
TOTAL
DESCRIPTION UNIT QUANTITY PRICE AMOUNT
D.STREET PAVING
6" REINFORCED CONCRETE PAVEMENT SY 225 $36.00
SAWCUT AND REMOVE EX curb LF 194 $5,00
REMOVE CONCRETE SIDEWALK SY 130 $30.00
SUB -TOTAL STREET PAVING
$8,100.00
$970400
$3,900000
...................
....................
�1 �9?flt�l is
...................
MATERIAL TESTING FEES PERCENT 2.0% $_12,9.70.0_0 _ _ $2_59.40
INSPECTION FEES PERCENT 4.0%° $12,970.00 $518.80
TOTAL STREET PAVING
$13,748.20
X:lprojects1157200400\Documents\CFAIWATERCOLOR CFA EXHIBITS.XLS,
PATE ENGINEERS, INC. 1 of 1 EXHIBITB
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EXHIBIT B-1
CONSTRUCTION COST ESTIMATE
PROJECT NAME: Watercolor ACREAGE:
PHASE:
27.24
D A T E: 31-Jan-08
BY:
CHECKED:
FILE NAME: 157200400 DATE PREP: 31-Jan-08 REVISED:
APPROXIMATE UNIT
PEI #: 157200400
TE
TOTAL
DESCRIPTION UNIT QUANTITY PRICE AMOUNT
C.STORM SEWER SYSTEM
27" RCP
30" RCP
48" RCP
27" HEADWALL
30" HEADWALL
48" HEADWALL
7"-24" ROCK RIPRAP, INCLUDE Z EXCAVATION
TRENCH SAFETY
SUB -TOTAL STORM SEWER SYSTEM
LF
30
LF
20
LF
22
EA
1
EA
1
SY
218
$44.00
$50.00
$104.00
$1,201.00
$1,255.00
$2,152.00
$50.00
LS 1 $111.00
$1,320.00
$1,000000
$2,288400
$1,201.00
$1,255.00
$2,152.00
$10,900000
$111.00
..........................
..........................
MATERIAL TESTING FEES PERCENT 2.0% $20,227.00 $404.54
INSPECTION FEES PERCENT 4.0% $20,227600 $809,08
TOTAL STORM SEWER SYSTEM
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$21,440.62
X:lprojects11572004001DocumentslCFA1WATERCOLOR CFA EXHIBITS.XLS,
PATE ENGINEERS, INC. 1 of 1 EXHIBIT61
11I 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 LIGHTS
DEVELOPERS COST: $0.00
CFA CODE # 2008010
Watercolor
Fort Worth, Texas
PAGE 4 OF EXHIBIT
QUANTITY UNIT COST TOTAL COST
0 EA $ 2,600 $001000.00
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 $ 3,000 $00,000.00
Subtotal $00,000.00
City's Cost $00,000.00
Developer's Subtotal $00,000.00
4% Inspection fee $0,000.00
Project Total $00,000.00
er's Cost $00.000.00
Adjacent Develop
Developer's Cost $0,000000
February 20, 2008
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
February 20, 2008
CFA CODE # 2008010
Watercolor
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
CFA CODE # 2008010
VUaterc®I®r
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)
Watercolor
CFA code: 2008010
February 11, 2008
PART B — PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: Watercolor Partners, L.P.
PROPOSAL FOR: Watercolor
WATER PROJECT NO. P-264-602150097583
SEWER PROJECT NO. P-274-702130097583
FILE NO. W-2026
X NO. 20426
DOE NO. 5895
Includes the furnishing of all materials, except materials specified to be furnished by the
City, equipment and labor for the installation of paving improvements and all necessary
appurtenances and incidental work to provide a complete and serviceable project
designated as:
Watercolor
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 I: WATER IMPROVEMENTS
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. 8-Inch Water Pipe*, See Sheet C3-1;
Per Linear Foot:
85 L.F. Seventeen Dollars and No / 100's $17.00 $1,445.00
2. Connect to Existing Water Line, See
Sheet C3.l;Per Each:
2 EA. Five Hundred Seventy Four Dollars $574200 $15148000
and No / 100's
3. 6-Inch Meter and Vault, See Sheet
C3-1; Per Each:
2 EA. Nine Thousand Seven Hundred $9,776.00 $1%552.00
Seventy Six Dollars and No / 100's
4. Cast Iron Fittings See Sheet C3-1;
Per Lump Sum:
1 L.S. One Thousand Six Hundred Sixty $19661000 $15661.00
One Dollars and No / 100's
5. Water Testing, See Sheet C3-l; Per
Lump Sum:
1 L.S. One Hundred Eleven Dollars and No $111000 $111.00
/ 100's
6. Trench Safety, See Sheet C3-1; Per
Lump Sum:
1 L.S. One Hundred Eleven Dollars and No $111.00 $111000
/ 100's
TOTAL AMOUNT BID UNIT I: WATER
*Type of Pipe Used
PVC DR-14
I�
B4 OBi;.00
Updated 05/16/2005
UNIT II: SANITARY SEWER IMPROVEMENTS
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN PRICE AMOUNT
WORDS
(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. 8-Inch SDR-35 P.V.C. Sanitary
Sewer Pipe*, Variable Trench
Depth, See Sheet C3.2; Per Linear
Foot:
14 L.F. Fifteen Dollars and No / 100's $15.00 $210.00
2. 6-Inch SDR-35 P.V.C. Sanitary
Sewer Pipe*, Variable Trench
Depth, See Sheet C3.2; Per Linear
Foot:
14 L.F. Fourteen Dollars and No / 100's $14.00 $196.00
3. 4-Inch SDR-35 P.V.C. Sanitary
Sewer Pipe*, Variable Trench
Depth, See Sheet C3.2; Per Linear
Foot:
7 L.F. Thirteen Dollars and No / 100's $13.00 $91.00
4. Standard 4-Foot Diameter Manhole
over existing Main, All Depths, See
Sheet C3.2; Per Each:
1 EA Three Thousand Four Hundred $37413.00 $3,413500
Thirteen Dollars and No / 100's
5. Adjust Existing Sanitary Sewer
Manhole, See Sheet C3.2; Per Each:
3 One Thousand Five Hundred $17500900 $4,500.00
EA. Dollars and No / 100's
6. Connect to Existing Sanitary Sewer,
See Sheet C3.2; Per Each:
3 EA. One Thousand One Hundred Thirty $1,137.00 $3,411.00
Seven Dollars and No / 100's
Updated 05/16/2005
7. Sewer Testing, See Sheet C3.2; Per
Lump Sum:
1 L.S. Three Hundred Thirty Two Dollars $332.00 $332.00
and No / 100's
8. Trench Safety, See Sheet C3.2; Per
Lump Sum:
1 L.S. One Hundred Eleven Dollars and $111000 $111.00
No / 100's
TOTAL AMOUNT BID UNIT II: SEWER
* Type of Pipe Used:
8" PVC Pipe (SDR-35)
6" PVC Pipe (SDR-35)
4" PVC Pipe (SDR-35)
14 LF
14 LF
7 LF
12 264.00
Updated 05/16/2005
UNIT I: PAVING IMPROVEMENTS
ITEM APPROX0 DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN PRICE AMOUNT
WORDS
(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. Sawcut and Remove Existing Curb,
See Sheet C8.1;Linear Feet
194 L.F. Five Dollars and No / 100's $ 5.00 $ 970.00
2. Remove Concrete Sidewalk, See
Sheet C8.1;Per Square Yards
130 S.Y. Thirty Dollars and No / 100's $ 30.00 $ 3,900.00
3. 6" Reinforced Concrete Pavement,
See Sheets C8.14.2; Per Square
Yard:
225 S.Y. Thirty Six Dollars and No / 100's $ 36.00 $ 8,100.00
TOTAL AMOUNT BID UNIT I: PAVING IMPROVEMENTS 12 970.00
GRAND TOTAL AMOUNT BID
12 970.00
Updated 05/16/2005
UNIT III: STORM DRAIN IMPROVEMENTS
ITEM APPROX0 DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN PRICE AMOUNT
WORDS
(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. Install: 27" RCP, See Sheets C7.1-
C7.2; Per Linear Foot:
30 L.F. Forty Four Dollars and No / 1009s $44.00 $1,320.00
2. Install: 30" RCP, See Sheets C7.1-
C7.2; Per Linear Foot::
20 L.F. Fifty Dollars and No / 100's $50.00 $I,000.00
3. Install: 48" RCP, See Sheets C7.1-
C7.2; Per Linear Foot:
22 L.F. One Hundred Four Dollars and No / $104.00 $25288000
100's
4. 27" Headwall, See Sheets C7.1-C7.2;
Per Each:
1 EA. Twelve Hundred One Dollars and No $1,201.00 $1,201000
/ 100's
5. 30" Headwall, See Sheets C7.1-C7.2;
Per Each:
1 EA. Twelve Hundred Fifty Five Dollars $15255000 $1,255.00
and No / 100's
6. 48" Headwall, See Sheets C7.I-C7.2;
Per Each:
1 EA. Two Thousand One Hundred Fifty $29152000 $27152000
Two Dollars and No / 100's
7. 7" - 24" Rock Rip Rap, including 2'
Excavation, See Sheets C7.1-C7.2;
Per Square Yard:
218 S.Y. Fifty Dollars and No / 100's $50.00 $10,900000
8. Trench Safety, See Sheets C7.1-C7.2;
Per Lump Sum:
1 L.S. One Hundred Eleven Dollars and No
/ 100's
TOTAL AMOUNT BID UNIT III: STORM DRAIN
$111.00 $111.00
20 227.00
Updated 05/16/2005
TOTAL AMOUNT BID WATER
TOTAL AMOUNT BID SEWER
TOTAL AMOUNT BID STORM DRAIN
GRAND TOTAL AMOUNT BID
12 264.00
20 227.00
$56,519.00
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 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 100 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.
ffm
Updated 05/16/2005
I
X 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. 1 {Initials) Addendum No. 3 (Initials)
Addendum No. 2 (Initials} Addendum No. 4 (Inidals)
(seal}
Date:
Respectfully submitted,
C-Con Services, inc.
Title
President
Address
2230 Joe Field Road
Dallas. TX 75229
Telephone (9721243-5455
Updated 05/16/2005
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. 1 (Initials) Addendum No. 3 (Initials)
Addendum No. 2 {Initials}
Addendum No. 4 (Initials)
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