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Contract 37474
COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 3� WHEREAS, Margaux Packwood Partners Ltd., hereinafter called "Developer", desires to make certain improvements to Sundance Southwest Addition Lots 1-6 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 ty 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. It OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX III � III IN TMPolicy for e 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. 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. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. 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 iniuries, 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. 1 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 Project Name — SoveraignwBfttrlc 2 Date — July 18, 2008 ,FA Number — 2908 • .D0 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-l) None; Paving (B)Attached Storm Drain (BA) 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 and C. 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, BI, 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 $ 320,408.27 3 Date —July 18, 2008 Project Name Sundance SA Addition CFA 2008-056 DOE 5999 Item Developer Cost C/ty Cost Total Cost A. Construction 1. Streets $ 175,163, 00 $ 1 17,066.50 2. Storm Drainage $ 117,066,50 $ 175,163000 3. Street Lights $ 10,400400 $ 10,400,00 4. Street Name Signs $ 245.00 B. Engineering Design C. Construction Engineering and Management by DOE 4% $ 11,689.18 $ 11,689418 D. Materials Testing by DOE 2% $ 5,844.59 $ 51844,59 TOTALS 1 $ 320,408,27 $ - $ 3200163.27 $ 365,286.88 125% 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. Project Name — B-atrk '4 Date —July 18, 2008 CFA Number �%6 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 Developer has executed this instrument in triplicate, at Fort Worth, Texas this the day of N + 2008. Approval Recommended. ATTEST: Marty Hendrix City Secretary ATTEST: Corporate Secretary:_ OFFICIAL RECORD CITY SECRETARY Project Name FT. WORTH, TX CFA Number Date 5 Transportation and Public Works City of Fort Worth Fernando Costa ig Assistant City Manager DEVELOPER Margaux Parkwood Partners, Ltd. By 3 o C, it's General Partner By Donald L. Silverman, President/Manager Exhibit B-1 * Storm Drain Community Facilities Agreement for Sundance SouthWest Addition July 8, 2008. Description Quantity Unit I Unit Price Total A. 24" Headwall 2 Ea. $ 11375400 $ 21750000 B. 21" Headwall 1 Ea. $ 1,320.00 $ 11320,00 C. 4'x4' Grate Inlets 2 Ea. $ 31520000 $ 7,040.00 D. 4'x4' Outlet Control Structure 2 Ea. $ 21640600 $ 51280400 E. 24" Reinforced Concrete Pipe 814 L.F. $ 58.00 $ 47,212.00 F. 21" Reinforced Concrete Pipe 186 L.F. $ 52.00 $ 91672600 G. Curb Inlet (10') 2 Ea. $ 2,530.00 $ 51060,00 H. 21 "Culvert W/Safety End Treat. 2 Ea. $ 1,200.00 $ 21400000 I. 24"Culvert W/Safety End Treat. 1 Ea. $ 11250,00 $ 11250,00 J. 4" Conduit(Across Drives) 400 L.F. $ 12.00 $ 4,800.00 K. Concrete Flume 11200 S.F. $ 8.80 $ 10,560600 L. Rock Rip -Rap 45 S.Y. $ 50.00 $ 2,250.00 M. Trench Safety 11000 L.F. $ 1.00 $ 1,000.00 Subtotal $ 100,594.00 2% Testing Fee $ 21011688 4% InspectionFfee $ 41023676 Total $ 106,629464 Exhibit B- Paving Description Quantity Unit Unit Price Total A. 7" Pavement 31220 S.Y. $ 40.60 $ 130,732.00 Be 4' Sidewalk 11265 L.F. $ 16.40 $ 20,746000 C. Sidewalk Ramp (Type III) 4 Ea. $ 1,250.00 $ 5,000.00 D. Bottons/Striping/Sinage 1 L.S. $ 985.00 $ 985.00 E. Remove Ex.Sign/Metal Guard 1 L.S. $ 19000,00 $ 11000000 Subtotal $ 158,463.00 2% Testing Fee $ 3,169.26 4% Inspection Fee $ 61338052 Total $ 167,970.78 Exhibit- Grading Description Quantity Unit Unit Price Total A. Grading For Pond 1 L.S. $ 13,700.00 $ 13,700.00 Be Unclassified Excavation 11200 Cu. Yd. $ 2.50 $ 3,000.00 CO 8" Lime Stabilized Subgrade 31380 S.Y. $ 2.40hhh $ 8,112.00 D. Lime (43 Lbs/S.Y.) 72.7 L.S. $ 115.00 $ 8,360.50 Subtotal $ 33,172.50 2% Testing Fee $ 663.45 4% Inspection Fee $ 11326,90 Total $ 35,162.85 Exhibit B-1 *Storm Drain $ 100,594.00 Exhibit B *Paving $ 158,463.00 Exhibit Ghrading $ 33,172.50 Subtotal $ 191,635.50 2% Testing Fee $ 35832.71 4% Inspection fee $ 71665,42 Total $ 203,133.63 G:\officedata\work\34243\34243cfa ��• � A��®c�na�er�fl IIgceo CONSULTING CIVIL ENGINEERS • SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale 7 =150 Date Design S.I.A. Drawn A.D.L. Dwg. File : 34243CFA.dwq Project No. 34243.00 N.T.S. JOHN EDMONDS SURVEY, ABSTRACT NO. 457 JOHN CONDRA SURVEY, ABSTRACT N0. 309 CITY OF FORT WORTH TARRANT COUNTY, TEXAS PARKWOOD 36, LIMBED 14900 LANDMARK BLVD,, SUITE 610 DALLAS, TEXAS 75254 VICINITY MAP SUNDANCE SOUTHWEST ADDITION FORT WORTH, TARRANT COUNTY, TEXAS SHEET 1 OF 4 z W U W J • • ►���� ♦�� /����� ►���� 0 N 0 N � � �� i(1 II - N Q U N O �n��c�Il���� ®®® � �1�r�®c�n����fl II>m�a CONSULTING CIYIL ENGINEERS • SURVEYORS (972) 490-7090 fA% (972) 490-7099 Scale 1 = 250� Date Drown A.D.L. Dwg. File 34243CFA.dI Project No. 34243.00 ABSTRACT N0. 45i ABSTRACT N0. 309 TARRANT COUNTY, TEXAS 0M11ei PARKWOOD 38, LIMITED 14900 LANDMARK BLVD., SUITE 610 DALLAS, TEXAS 75254 PAVING EXHIBIT B SUNDANCE SOUTHWEST ADDITION FORT iYORTH, TARRANT COUNTY, TEXAS SHEET 2 OF 4 W Z Z —t O 1= Z W FM Z W I- a OW �F� to U d < UJ d S Jtom Z = Ol sty d 'Sag lk9i Sao? — - 19 •aa AvmH91H •san es' I ��--yy 4.J a o = s l rn y W ' W , a J le \\ N N N N ��—in 6 N 0 � �®�®c�I1SiL®9fl �ffi�o CONSULTING CIVIL ENGINEERS • SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scc e : 1 = 250 Date : 7 1 08 Design Drawn : A.D.L. Dwg. File : 34243CFA.dw Project No, 34243,00 z a rc at ra- z °xY�` PARKWOOD 38, LIMITED 14900 LANDMARK BLVD., SUITE 610 DALLAS, TEXAS 75254 3o5s STORM DRAINAGE EXHIBIT B-1 SUNDANCE SOUTHWEST ADDITION FORT WORTH, TARRANT COUNTY, TEXAS LG£ A HOW •S'n J, tp 9 � � � i^ —" —� �✓ ..,Y--eta _ IN ® O h I-- ® a J J �F� w Li ww Z=I- (� V) N J w wW F-~ O W Ld a. I) (.D W Z Z � H (n U) (n (/) 0 � a: H H O 0 O � — x [if XIII �w D_ wJ a N O N PIN U fA O CONSULTING CIVIL ENGINEERS It SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale : 1 = 250' Date : 711 08 Design S.I.A. Drawn : A.D.L. Dwg. File : 34243CFA.dwa project No. 34243.On N w = F- _ ^'F IN lNNiilt J — _ CLF n = 1- _ -' \ w w 1_ aN ¢ -L J \ �'ate II I N¢ EL" NIg Zrj N� a IN 2"NI IN NNN = i w X O o < F t �� _ W (n Iff IN x 1W N. gig 40 A�a �l - y h _ - W - 1' N o ,� 14 i ¢' '� w - _ i JOHN EOMONDS SURVEY, ABSTRACT N0, 457 STREET LIGHT & STREET NAME SIGN SHEET JOHN CONDRA SURVEY, ABSTRACT N0. 309 CITY OF FORT WORTH EXHIBIT C TARRANT COUNTY, rITED SUNDANCE SOUTHWEST 4 °""`A' PARKWOOD 38 LIMITED 14900 LANDMARK BLVD., SUITE 610 ADDITION OF DALLAS, TEXAS 75254 FORT WORTH, TARRANT COUNTY, TEXAS 4 Ir. "Vuu PIP rry or•ov•s ouvuoI Un,N bJ.lalrlx::I v:j:.iwd0\EV1Zb£1HLI0M\:0 Rx Date/Time JUL-09-2008(WGD) 12:06 Jul 03 2008 1032pM $17 4$1 23fi9 PART B -PROPOSAL 817-481-2369 This proposal must not be removed from this book of Contract Documents, T©; FARRWOOD 38, LIl1II'IED 14900 LANDMARK BLVD. # 610 DALLAS, TX, 75254, PROPOSAL FOR; PROJECT NAME: Sundance Southwest Addition, WATER PROJECT NO. P2654604150109283 SEWER PROTECT NO. P275-704130109283 CITY PROJECT NO: 01092 X N0:20590 Includes the furnishing ofall materials, except materials specified to be furnished by the City, equipment and labor for the installation of Storm Sewer and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as; Pursuant to the foregoing Notice to Bidders', the undexsigned 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: �1 002 p�26,--•---- 0x Date/Time JUL-09-2008(WED) 12:06 817 981 2369 P.003 Jul 09 2008 1:32PM 81?-481-z369 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 a[1 appurtenant work, complete in place, the foIlawing items) (I) No, refers to related items Mwthe Part D Special Conditions:) 1. 2 2. 1 6. Z 7. 2 Ea. Ea. L.F 24" Headwall, Per Each: Dollars and Cents 21"Headwall, Per Each: Dollars and Cents Grate Inlet (4' x4'), Per Each; Dollars and Cents 4'x4' Outlet Control Structure, Per Each; Dollars Cents 24"Reinforced Concrete Pipe, Per Linear Foot: Doll= and Cents Reinforced Concrete Pipe, Per Linear Foot: Dollars and Cents Ea. 14' Curb Inlet, Per Each; Dollars and Cents $ �64rd_od $ .SZ�r3.at} Rx Date/Time JDL-D9-2098(WED) 12:06 817 491 2369 Jul 09 2008 1:33PM 817-481-2369 it I 11. 2 EI 21" RCP Culvert w/ type II precast safety End Treatment, Per Each: Dollars and Cents 12. 1 Ea. 24" RCP Culvert w/ type II precast safety End Treatment, Per Each: Dollars and Cents 13. 400 L.F. 4" Conduit, Per Linear Foot and Dollars Cents 14. I,200 S.F. Concrete Flume, Per Square Foot: Dollars And 15, 45 S.Y. Rock Riprap Cents Per Square Yard: Dollars and 16. 1,000 L.F. Trench Safety, Cents Per Linear Foot: Dollars and Cents $ /ZSa.ao $ zS'd.an TOTAL.AMOUNT BID STORVI DRAIN' � l00 S4 . 07� B-; Rx Date/Time JUL-09-2009JWED1 12:06 Jul 09 2008 1a33PM 817 481 2369 817-481-2369 PART 13 - PROPOSAL, (font.) Within ten (0) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved -Surety Band and such other bonds as required by the Contract Documents, for the faithful performance of the Contract, to The attached bid security the contract andthe amount of 5% is to became the property of the City of Fort Worth, Texas, in the event . 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 undersigned bidder certified that he has been furnished 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 lans. cument conditions of those General Documents and the specific Contract Dos and appurtenant p The sneeessful bidder steal! be required to perform the work ira accord with the I publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and epartment Projects dated Generat Speeifieafiions for Wafer DJanuary 1,1978, which may be purchased from the Water Department. 2• The Standard SpccAfications fog Street and Storm Drain C may be purchased from the Department of Transpansfruction which artatian 8z 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 7 calendar days after issue of the wont order, and to complete the contract within 120 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 place of business, are required to be , our principal by state law. A copy of the statute is attached ent lower than resident bidders Non resident bidders in the State of place of business, are not required to underbid resident our bidders, principaI P. 005 .5 Rx Date/Time JUL-09-2098(WCD) 12:96 Jul 09 2008 1:33PM B17 481 2369 817-481-2369 IlejB. The principal place of business of our company or our parent companyor 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 e foregoing bid: on an preparation of th Addendum No, i (initials)_______ _ Addendum No. 2 (nitials) Date: cz�Zle er Addendum No. 3 (Irutials)�_ Addendum No. 4 (Initials)__� B-5 Respectfplly submitted, (General Contractor) a' An Title Address .6 late/Time JUL-03-2008(THU) 08:13 Reliable Pauin9 03-2008(THU) 09419 Reliable Pauin9 (FRX)81746791d8 UNIT IV; PAVJNG McROVEAMNTS ITEM APPROX, DESCRIPTION OF ITEMS WITR UNIT TOTAL NO. QUANTITY BID PRTCES WRITTEN IN WORDS PRICE AMOUNT (Furnish and instal(, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) Reinforced Concrete Pavement, Per Square Yard: Dollars and i„., Cents P. 002 P. 002/003 2. 1,265 L.F. 4' Side Waltz Per . k?AsG.! .tea; -&- Dollars and Qom,, - Cents 3. 4 Ea. S;dewalk Ram Pf �'yAe �, Per Each: ��-�-s Iva" mL 1111T Dollars and OY%00 Cents ` Socbo • ast? * l L.S. Buttons, Striping/ete. S Per Lump Sum: veDollars and o/t vv Cents 5. 1 L.S. Rernove Ex. Sign/Metal Guard, Per Lump Sum: Dollars and - ��i�o Cents TOTAL AMOUNT BID PAVEMENT S S 9114L 3 , O o E:�7