HomeMy WebLinkAboutContract 36059 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARR.ANT & Contract No.
-8TJ�p
WHEREAS,G — n,L f. , hereinafter called "Developer", desires to
make certain improvements to ACME Brick Plaza, 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.
ACME Brick Plaza 1
CFA 2007045
07 11 07
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 negligence 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).
ACME Brick Plaza 2
CFA 2007045
07 1107
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
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, 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 $ 190,399.80.
ACME Brick Plaza 3
CFA 2007045
07 11 07
SUMMARY OF COST
ACME BRICK PLAZA
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $100,508.00 $ 100,508.00
2. Storm Drainage $69,072.00 $ 69,072.00
3. Street Lights $10,400.00 $ 10,400.00
4. Street Name Signs $245.00 $ 245.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE (4%) $ 6,783.20 $ 6,783.20
D. Materials Testing by DOE (2%) $ 3,391.60 $ 3,391.60
TOTALS $ 190,399.80 $ - $ 190,399.80
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.
ACME Brick Plaza 4
CFA 2007045
07 1107
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 DGYLE--�
executed this instrument in triplicate, at Fort Worth, Texas this the��ay of
, 2007. R EC E!Vt D
Approval Recomm nded: JUL 3 120
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City of rt 1
Marc Ott
1n.L (1 Mc C :F° UIREDL Assistant City Manager
ATTEST:
Marty Hendrix
City Secretary
Approv s to Fo
A istan XAAomey
�
ATTEST: DEVELOPER
RIP
o
Corporate SecWtary
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CueteR
ACME rick Plaza ��� y �l'ls� 5 �r�n
CFA 2007045 lL L� E1�r L
07 11 07
PART B—PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: CLEARFORK RANCH, L.P.
PROPOSAL FOR: UNIT I—WATER IMPROVEMENTS
UNIT 11—PAVING AND DRAINAGE IMPROVEMENTS
ACME BRICK PLAZA
WATER PROJECT NO. P264-603150074383
FILE NO. K-2011
D.O.E.NO. 5642
CITY PROJECT NO. 00743
Includes the famishing of all materials, except materials specified to be famished by the City,
equipment and labor for the installation of Unit I— Water and Sanitary Sewer Improvements and Unit
II — Paving and Drainage Improvements to serve Edwards Ranch Riverhills and all necessary
appurtenances and incidental work to provide a complete and serviceable project designated as:
Unit I—Water Improvements
Unit H—Paving and Drainage Improvements
Acme Brick Plaza
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-1
Updated 05/16/2005
UNIT I- WATER
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. 336 LF 10-inch DR14 water pipe
Thirty Two Dollars
and Zero Cents per LF $ 32.00 $ 10,752.00
2. 20 LF 10-inch Class 51 ductile iron water pipe
Forty Two Dollars
and Zero Cents per LF $ 42.00 $ 840.00
3. 10 LF 6-inch DR14 water pipe
Twenty Two Dollars
and; Zero Cents per LF $ 22.00 $ 220.00
4. 1 EA 6-inch gate valve with box
Eight Hundred Dollars
and Zero Cents per EA $ 800.00 $ 800.00
5. 366 LF Trench safety
Zero Dollars
and Fifty Cents per LF $ 0.50 $ 183.00
6. 1.1 TN Ductile iron fittings
Three Thousand Dollars
and Zero Cents per TN $ 3,000.00 $ 3,300.00
7. 1 EA Fire hydrant assembly
Two Thousand Six Hundred Dollars
and Zero Cents per EA $ 2,600.00 $ 2,600.00
B-2
Updated 05/16/2005
8. 1 EA C*ect to existing 10-inch water pipe
One Thousand One Hundred Dollars
and Zero Cents per EA $ 1,100.00 $ 1,100.00
9. 1 LS Tr fic control
On Thousand Five Hundred Dollars
i
and Zero Cents per LS $ 1,500.00 $ 1,500.00
10. 1 LS Pot hole utilities (if required)
One Thousand Two Hundred Dollars
and Zero Cents per LS $ 1,200.00 $ 1,200.00
TOTAL AMOUNT BID WATER $ 22,495.00
B-3
Updated 05/16/2005
LIST OF CAST IR0f1 FITTINGS
No. of per Weight Total Weight
g P g
Fittings S' a of Fitting Type of Fitting Fitting(lbs.) (lbs)
1 10"x 6" Tee 325 325
4 10"x 45' Bend 215 860
2 10"x 22 %2° Bend 225 450
1 10" Wye 430 430
1 10" Plug 95 95
Total Weight=2,160 lbs. (1.1 Tons)
Note: Contractor is responsible for the correct quantity totals of all fittings and specials.
B-4
Updated 05/16/2005
UNIT H -DRAINAGE IMPROVEMENTS
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
i
1. 7 LF 33-inch Class III RCP
Seventy Five Dollars
and Zero Cents per LF $ 75.00 $ 525.00
2. 15 LF 36-inch Class III RCP
Eighty Five Dollars
and Zero Cents per LF $ 85.00 $ 1,275.00
3. 575 LF 42-inch Class III RCP
Ninety Eight Dollars
and Zero Cents per LF $ 98.00 $ 56,350.00
4. 25 LF 54-inch Class III RCP
One Hundred Forty Dollars
and Zero Cents per LF $ 140.00 $ 3,500.00
5. 2 EA 10-foot curb inlet
Two Thousand Two Hundred Dollars
and Zero Cents per EA $ 2,200.00 $ 4,400.00
6. 622 LF Trench Safety
One Dollars
and Zero Cents per LF $ 1.00 $ 622.00
7. 1 LS Traffic Control
One Thousand Dollars
and Zero Cents per LS $ 1,000.00 $ 1,000.00
8. 1 LS Connection to existing concrete channel
One Thousand Four Hundred Dollars
and Zero Cents per LS $ 1,400.00 $ 1,400.00
TOTAL AMOUNT BID DRAINAGE $ 69,072.00
B-5
Updated 05/16/2005
I
it
UNIT II—PAVING I MTROVEMENTS
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
I
1. 1 LS! Clear and Grubb
Six Thousand Dollars
and Zero Cents per LS $ 6,000.00. $ 6,000.00
2. 1,125 CY Unclassified street excavation
Four Dollars
and Zero Cents per CY $ 4.00 $ 4,500.00
3. 1,741 SY 6-inch lime stabilized subgrade
Two Dollars
and Ten Cents per SY $ 2.10 $ 3,656.00
4. 1,697 SY 9-inch reinforced concrete pavement with 6-
inch concrete curbs
Thirty Six Dollars
and Zero Cents per SY $ 36.00 $ 61,092.00
5. 800 LF 4-inch concrete sidewalk
Twelve Dollars
and Zero Cents per LF $ 12.00 $ 9,600.00
6. 26 TN' Hydrated lime
One Hundred Ten Dollars
and Zero Cents per TN $ 110.00 $ 2,860.00
7. 4 EA Street light foundation
One Thousand Two Hundred Dollars
and Zero Cents per EA $ 1,200.00 $ 4,800.00
8. 1 LS 2-inch Schedule 40 PVC electrical conduit
for street lighting
Two Thousand Dollars
and Zero Cents per LS $ 2,000.00 $ 2,000.00
B-6
Updated 05/16/2005
i
9. 1 L� 2-inch rigid metal electrical conduit for
street lighting
One Hundred Fifty Dollars
and Zero Cents per LS $ 150.00 $ 150.00
10. 1 I$ Ground box and cover, complete in place
Six Hundred Dollars
and Zero Cents per LS $ 600.00 $ 600.00
11. 1 LS Hydromulch seeding for parkways
One Thousand Two Hundred Dollars
and Zero Cents per LS $ 1,200.00 $ 1,200.00
12. 1 LS SWPPP Maintenance
Three Thousand Four Hundred FiftyDollars
and Zero Cents per LS $ 3,450.00 $ 3,450.00
13. 1 EA Dead end barricade
Six Hundred Dollars
and Zero Cents per EA $ 600.00 $ 600.00
TOTAL AMOUNT BID PAVING $ 100,508.00
B-7
Updated 05/16/2005
BID SUMMARY
TOTAL AMOUNT BID WATER $ 22,495.00
TOTAL AMOUNT BID PAVING $ 69,072.00
TOTAL AMOUNT BID DRAINAGE $ 100,508.00
GRAND TOTAL AMOUNT BID $ 192,075 .00
B-8
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 ontract. 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 Gen ral 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 40 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.
X B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
B-9
Updated 05/16/2005
I (we)acknowledge.receipt of the following addenda to the plans and specifications, all of the
provisions and regw ements of which have been taLcen into consideration on preparation of the
foregoing bid:.
Addendum No.. 1 a tw.$) Addendum No. 3 (Initials)_
Addendum.'No. 2(l itials) Addendum,No,4(Initials)
Respectfully submitted
$y:
Title,
,Ad&esgl
Telephone:
(Seal)- F
Date:
B-11
Updated 05/16/2005
III STREETLIGHTS
1. STREETLIGHTS COST ESTIMATE:
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 1 EA $ 2,600 $2,600.00
MID-BLOCK RESIDENTIAL 2 EA $ 2,600 $5,200.00
CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2,600 $2,600.00
MID-BLOCK COLLECTOR 0 EA $ 2,600 $00,000.00
MID-BLOCK ARTERIAL 0 EA $ 3,200 $25,600.00
MID-BLOCK ARTERIAL MEDIAN (1/2) 0 EA $ 3,200 $20,800.00
RELOCATE EXISTING LIGHT 0 EA $ 1,650 $00,000.00
Subtotal $10,400.00
City's Cost $00,000.00
Developer's Subtotal $00,000.00
4% Inspection fee $0,000.00
Project Total $00,000.00
Adjacent Developer's Cost $00.000.00
Developer's Cost $10,400.00
DEVELOPERS COST: $10,400.00
CFA CODE # 2007045
ACME Brick Plaza
Fort Worth, Texas April 17, 2007
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: $10,400.00
April 17, 2007
CFA CODE # 2007045
ACME Brick Plaza
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHT§ LOCATIONS:
INTERSECTIONS:
Edwards Ranch Rd & Acme Brick Ct 1
MID-BLOCK:
Acme Brick Ct 2
CHANGE OF DIRECTION:
Acme Brick Ct 1
CFA CODE # 2007045
ACME Brick Plaza
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 prop rty 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 one (1) intersection at a cost to
the Developer of$245.00:
Edwards Ranch Rd & Acme Brick Ct
Acme Brick Plaza
CFA code: 2007045 April 17, 2007
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