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HomeMy WebLinkAboutContract 36291 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS,_ .A'a ..oi� AN hereinafter called "Developer", desires to make certain improvements to AFF Cleaners, 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 Il, 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. r yip^ hc � rpv 9 .GCe AFF Cleaners 1 CFA 2007013 07 1007 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 11, 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. 1. In the event that City participation exceeds $25,000, Developer agrees that no street construction or stone 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). AFF Cleaners 2 CFA 2007013 07 1007 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-I) 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, and B I. 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, and Bl,. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to S 19,538.19. AFF Cleaners 3 CFA 2007013 07 1007 SUMMARY OF COST AFF CLEANERS Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $6,912.25 $ 6,912.25 2. Storm Drainage $11,520.00 $ 11,520.00 3. Street Lights $ - 4. Street Name Signs $B. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) $ 737.29 $ 737.29 D. Materials Testing by DOE (2%) $ 368.65 $ 368.65 TOTALS $ 19,538,19 $ - $ 19,538.19 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. AFF Cleaners 4 CFA 2007013 07 1007 REGEMP AUG 06 :.'�:3 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, an ,said Developer ii - executed this instrument in triplicate, at Fort Worth,Texas this theay of 12007. Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director City&rth Marc Ott Assistant City Manager TTEST: Marty Hendrix City Secretary — ---_ _. .__� Approv d as to Form: Assis t ty Attorney ATTEST: DEVELOPER B Corporate Secretary AFF Cleaners 5 CFA 2007013 07 1007 CITY Mil-Affip'y YEK, PART B—PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: MJR Engineering, Inc. 7953 Pinkerton Court Plano, Texas 75025 PROPOSAL FOR: PROJECT NAME STORM DRAIN IMPROVEMENTS FOR AFF DRY CLEANERS _ DOE NO. 5620 FILE NO. K-2006 CITY PROJECT NO. 00720 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of(15 feet long 27" RCP, Install a 30 feet long inlet and abandon existing 30-foot inlet) and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: AFF Dry Cleaners _ (project name) Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, afW 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 III: 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,wmplete in place, the following items) Item Approx. Unit Item Description Unit Price Total No. Quantity Measure "D" Item reference Amount ment 1 15 Lk' 27" RCP $48.00 $720.00 2 30 LP' 30-foot inlet $5800.00 $5800.00 3 1 each Abandon Ex. 30-foot $5000.00 $5000.00 inlet TOTAL AMOUNT BID STORM DRAIN $ 11.520.00 B-2 Updated 05/16/2005 UNIT IV; PAVING IMPROVEMENTS ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN rN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) Item Approx. Unit Item Description Unit Price Total Amount No Quantity Measure "D" Item description ment I. 17 SY 6" Cone. driveway S22.00 $374.00 2. 17 SY Lime Stabilization $2.25 $38.25 3 40 LF 6" Curb &Gutter $7.50 $300.00 4 48 SY Concrete pavement $25.00 $1200.00 Repair 5 30 DAY Traffic Control Lump sum $5,000.00 TOTAL AMOUNT BID PAVING $ 6912,25 B-3 Updated 05/16/2005 TOTAL AMOUNT BID STORM DRAIN $ 11520,00 TOTAL AMOUNT BID PAVING $ 6912.25 GRAND TOTAL.AMOUNT BID $ 18432.25 B-4 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. 3 (Initials) ___ Addendum No. 2 (Initials) Addendum No. 4(Initials)„ Respectfully submitted, rac-r Eli By: Title Address A206 LDngview f LesQd�. 7-x 574q Telephone: _e��5 77 !95(o d (Seal) Date:^QZ D O — B-7 Updated 05/16/2005 V I iVI<au V V.GY J(G JYJ JY V J 1`IVI 1M1.11•Il i r � ir-� � CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes. Contractor certifies that it provides worker's compensation insurance coverage for all of it's employees employed on Department of Engineering A.O.E. No._5620 s G raC, Pic) 6i..� CONTRACTOR By: W n 4e�, Title n[f091a7 Date STATE, OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared W e b r,-ya L-e , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of_ _ for the purposes and consideration therein expressed and in the capacity therein stated. 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