HomeMy WebLinkAboutContract 31103 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.�
WHEREAS, Lumbermen's Investment Corporation, hereinafter called
"Developer", desires to make certain improvements to The Parks of Deer Creek, Phase
2B, 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 and Denton Counties, Texas, hereinafter called "City", to do
certain work in connection with said improvements.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through John K. Pierret, its duly
authorized Executive Vice President, and the City, acting herein by and through Marc
Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants
and conditions contained herein, 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, is
hereby incorporated into this Community Facilities Contract as if copy
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. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section H, of the Policy.
DC2BTPWCFA.doc
F. 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 neeliQence of the City of Fort Worth,
its offheers, servants or employees.
G. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
H. 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).
1. 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).
J. 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.
K. 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.
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
DC2BTPWCFA.doe 2
Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (13-
1) None; Street Lights and Signs (C) attached.
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, B1, 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, 131,
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 $310,496.68.
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $269,804.50 $ 269,804.50
2. Storm Drainage $0.00 $ -
3. Street Lights $29,700.00 $ 29,700.00
4. Street Name Signs $200.00 $ 200.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE
4% $ 10,792.18 $ 10,792.18
TOTALS $ 310,496.68 $ - $ 310,496.68
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
The developer is responsible for installation of sidewalk and a separate financial
guarantee is required in the form of a bond or check for the cost of the sidewalk.
2. Developer's column for Item C represents four percent (4%) cost for construction
inspection fees and materials testing. The City will pay additional inspection fee over
4%.
3. City not preparing plans and specifications.
DC2BTPWCFA.doc 3
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate 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
`
I Jaz 2004.
Approval Recommended:
Transportation and Public Works
Departments
Robert Goode, P. E.
Director
wc•:itract Authorizatiora ity Fort ort ��
L),at Marc Ott
Assistant City Manager
ATTEST:
Marty Hendrix
City Secretary
Apprqfed as to Form:
Assistant City Attorney
ATTEST: DEVELOPER
Lumbermen's Investment Corporation
By:
4a,�4--
Corporate Secretary Jo . Pierret
Executive Vice President
RECEIVED
DC2BTPWCFA.doc 4
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PART B - PROPOSAL
This proposal must not be removed from this book of Contract Documents.
TO: Lumbermen's Investment Corporation
PROPOSAL FOR: .Paving Improvements 'tor The Parks of Deer Creek Section iIB
D.O.E. NO. 41 SO
Includes the furnishing of all materials, except materials specified to be furnished by the
City, equipment and labor for the installation of water and sanitary sewer 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:
BID SCHEDULE
LUNIBERNIEN'S INVESTNIENT CORPORATION
THE PARES OF DEER CREEK SECTION IIB-FORT WORTH,TEXAS
PAVING CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
l 7,120 SY Fumish& Install Six-inch 3,000 PSI Reinforced Concrete Paving,
including 7-inch curb,complete in place,
for Eighteen dollars
and Seventy cents per Square Yard S 18.70 S 133,144.00
2 3,775 SY Fumish&Install Eight-inch 3,000 PSI Reinforced Concrete Paving,
including 6 and 7-inch curb,complete in place,
for Twenry-Two dollars
and Fifty cents per Square Yard S 22.50 $ 84,937.50
3 . 11,660 SY Perform Lime Stabilized Subgrade Preparation,
complete in place,
for One dollars
and Fifty-Five cents per Square Yard S 1.55 $ 18,073.00
4 175 TON Fumish Hydrated Lime(30lbs/SY)for Subgrade Stabilization,
for Ninety-Four dollars
and No cents per Ton S 94.00 S 16,450.00
5 • l EA Furnish&Install Street Header at locations shown on
plans,complete in place,
for One Thousand dollars
and No cents per Each S 1,000.00 S 1,000.00
6 1 EA Furnish&Install Type II Barricade at locations shown in
plans,complete in place,
for Five Hundred dollars
and No cents per Each S 500.00 S 50000
7 1 EA Furnish&Install End of Road Barricade at locations shown in
plans,complete in place,
for Five Hundred dollars
and No cents per Each S 500.00 S 50000
8 1 LS Fumish&Install Pavement Markings at locations shown in
plans,complete in place,
for Four Thousand dollars
i
and No cents per Lump Sum S 4.000.00 S 4,000.00
BID SCHEDULE
LUNIBERAIEN'S INVESTMENT CORPORATION
THE PARKS OF DEER CREEKSECTION IIB-FORT WORTH,TEXAS
PAVING CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
9 . 1,120 LF Construct 4-foot Sidewalk,per City of Fort Worth Standards,
for Ten dollars
and No cents per Linear Foot S 10.00 S 11,200.00
TOTAL,PROBABLE COST FOR THE PARKS OF DEER CREEK SECTION IIB PAVING S 269,804.50
!Unit prices ue to be shown in both words and figures. In case of discrepancy,the unit price in writing will prevail.Prices listcd above are the only compensation to be
rude. All items,ifwork is regwre l to complete the work as shown in the plans and as specified,which are not listed as a pay item in this proposal,are considered
wbsidiary to the item and the cost of the subsidiary work should be included.)
Contactor LP
Authorized Signature
ate Qc�n �er Y, 200
i
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 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
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 calendar days after issue of the work
order, and to complete the contract within _ working days after beginning construction
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.
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,
COrngt5e( COr'15�f uct on I n, Lha
By:
Title/ I
..Jerrd ConcnfSer. Pr CS E
Address
PQ. [3. ls` 4R
Fart Wor0\,TX 7LW
Telephone: RO-S3y-
(Seal)
Date:
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I . STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 1 EA $ 2, 000 $2, 000 . 00
MID-BLOCK RESIDENTIAL 3 EA $ 2, 000 $6, 000 .00
CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $4, 000 .00
MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000. 00
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000.00
MID-BLOCK ARTERIAL MEDIAN 6 EA $ 2, 500 $15, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 .00
Subtotal $27 ,000.00
City' s Cost $00, 000 . 00
Developer' s Subtotal $27,000.00
10% Contingencies $2,700.00
Project Total $29,700 . 00
Adjacent Developer's Cost $0,000. 00
Developer's Cost $29,700 .00
2% Inspection Fee $0,00 . 00
DEVELOPER' S COST: $29,700 .00
THE PARKS OF DEER CREEK, PHASE II-B
January 29, 2004
Fort Worth, Texas
April 29, 2004
PAGE 1 OF Exhibit C
II. STREET LIGHTS 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 will install all the streetlights that use overhead or
underground conductors on residential, and collector streets. The
developer agrees to pay the City the amount shown below prior to the
City starting its design effort.
4 . Streetlights on arterial streets shall be installed with underground
conduit and 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 operation of the street lights
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
DEVELOPER' S COST: $29,700.00
THE PARKS OF DEER CREEK, PHASE II-B
FORT WORTH, TEXAS
January 29, 2004
Page 2 of Exhibit C
III .
"STREET LIGHTS"
INTERSECTIONS
CLEAR MEADOW LN & FAIRBROOK LN 1
MID - BLOCK
FAIRBROOK LN 1
ELK RUN DR 2
CHANGE OF DIRECTIONS
WIND GROVE IN 2
MID - BLOCK ARTERIAL
MCPHERSON BLVD 6 (DOUBLE ARMS)
THE PARKS OF DEER CREEK, PHASE III _
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 property 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$100.00 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 two (2) intersections at a cost to the Developer
of $200.00:
Wind Grove Lane & Elk Run Dr
Wind Grove Lane & Fairbrook Lane
Parks of Deer Creek 2B
CFA code: 2004009 Date: February 4, 2004