HomeMy WebLinkAboutContract 36084 CO'N IITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
r
COUNTY OF TARRAINT Contract No.
S�p
Carroll Family Investments, Ltd.
WHEREAS, _ __, hereinafter called "Developer", desires to
make certain improvements to Box Culvert Extension, Emerging Properties Addition,
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.
Box Culvert Extension 1
Emerging Properties Addition
CFA 2007075 -
07 1707 '
'? Jay�I V�'�,
E. The Developer shall award all contracts for the construction of
�ommunity facilities in accordance with Section II, paragraph 7 of the
olicy.
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 iniuries, death or
damages are caused, in whole or in Part, by the alleged negligence o
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).
Box Culvert Extension 2
Emerging Properties Addition
CFA 2007075
07 1707
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)None, Storm
Drain (B-1) Attached; Street Lights and Signs (C) None.
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 1.
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 1.
The estimated total cost of current improvements and related support
services specified in this agreement, including design, construction and
inspection is estimated to S 140,397.00.
Box Culvert Extension 3
Emerging Properties Addition
CFA 2007075
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SUMMARY OF
COST
BOX CULVERT EXTENSION
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $0.00 $ -
2. Storm Drainage $132,450.00 132,450.00
3. Street Lights (4%) $0.00 $ -
4. Street Name Signs $0.00 $B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
(4%) 5,298.00 5,298.00
D. Materials Testing by DOE $ $
(2%) 1 2,649.00 1 1 2,649.00
$ 1 $
TOTALS 140,397.00 $ - 140,397.00
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
Istsfor materials testing.
Box Culvert Extension 5
Emerging Properties Addition
CFA 2007075
07 1707
RECEIVED
JUL 2 7 2�7
ITN 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, d said D eloper hu
executed this instrument in triplicate, at Fort Worth, Texas this the gay of
12007,
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City o rth
N10 Nd&C; i, 1"QW UD Marc Ott
Assistant City Manager
ATTEST:
Marty Hendrix CARROLL FAMILY INVESTMENTS, LTD.
City Secretary a (Texas) limited partnership
By: CSC Investments, LLC, a Texas Limited
Appro ed s4Fo liability company, its General Partner
By: Christopher S. Carroll
AS istant ey Its: Managers
ATTEST: DEVELO R J�
12 {B
Corporate Secretary
Mana e
Box Culvert Extension 6 C"_
Emerging Properties Addition
CFA 2007075 ANGEa JONES
07 17 07 Notary Public, State of Texas
My Commission Expires
'Te0 ce 06-27-2010
PART B -PROPOSAL PEGS'VLF
442'5 7:
This proposal must not be removed from this book of Contract Documents.
TO: SPRING CREEK RESTAURANTS, INC.
PROPOSAL FOR: LOT 2R-A, BLOCK 3
EMERGING PROPERTIES ADDITION
DOE NO. 4145
FILE# SD-93
Includes the furnishing of all materials, except materials specified to be furnished by the
City, equipment and labor for the installation of storm drainage facilities and all necessary
appurtenances and incidental work to provide a complete and serviceable project
designated as:
Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, 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 work as provided in the Plans and Contract Documents and subject to the
inspection and approval of the Director of the City Engineering 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
I
i
B-1
UNIT I: STORM DRAIN
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)
1. 1 EA. Remove existing flared wings
Cx�.r 'I�o ic�5a n ci Dollars
and Cents $ � �
T-V
2. 320 L.F. 7'x4' reinforced concrete box culvert
,Dollars
and .hlu 13 Cents.
3. EA. 21"Class III RCP stub-out
,ve, Vl a nd✓-r_-& Dollars
and Cents. $ OCR• $ D Q
4. 1 EA. Flared wings (with skew) for 7'x4'
box culvert
Dollars $ C U 0, ```" $ $
and Cents
5. F75 S.Y. 5"reinforced concrete slope protection
f (rip-rap)
I ca
Dollars $ 30 . $ $, gS o UV
and —� N Cents
B-2 -
6. 35 C.Y. 24-30"rock rip-rap
't.-}-�r Dollars
c`J
and Cents $ D •4,- $ !vo
7. 2000 C.Y. Compacted backfill
Dollars
and Cents $ a • $ +`
TOTAL AMOUNT BID STORM DRAIN $
GRAND TOTAL AMOUNT BID $1 U •V,
i
B-3
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 the City of Fort
Worth, Texas, in the event the contract and bond or bonds are not executed and delivered
within the time above set forth, as liquidated damages for the delay and additional work
caused thereby.
The successful bidder shall be required to perform the work in accord with the
following 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 `° calendar days after issue of the work
order, and to complete the contract within Yv 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.
B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
B-4
I (we) acknowledg receipt of the following addenda to the plans and specifications, all of
the provisions and equirements of which have been taken into consideration on
preparation of the oregoing bid:
Addendum No. 1 ( iitials) Addendum No. 3 (Initials)
Addendum No. 2 ( itials) Addendum No. 4 (Initials)
Respectfully submitted,
r,
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