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HomeMy WebLinkAboutContract 32209 r' COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Co tract No. dZoZ� Tv O l 4/,,iA lePs G/amp, c.. P WHEREAS, , hereinafter called "Developer", desires to make certain 7-,q& Fi?�lZWf>..t OF L C,�E�/< improvements to , 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: 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, 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 II, of the Policy. Fairways of Fossil Creek-Newer CFA 4% and Utilities 05 02 05.doc 4' 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 negligence of the City of Fort Worth, its officers, 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). I. 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. Fairways of Fossil Creek-Newer CFA 4% arRI Utilities 05 02 05.doc L. 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. M. 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, 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, 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 $394,727.22. Fairways of Fossil Creek-Newer CFA 4% anf?d Utilities 05 02 05.doc y SUMMARY OF COST The Fairways of Fossil Creek Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $230,759.58 230,759.58 2. Storm Drainage $129,458.90 129,458.90 3. Street Lights $19,800.00 19,800.00 4. Street Name Signs $300.00 300.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4%) 14,408.74 14,408.74 TOTALS 394,727.22 $ - 394,727.22 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. Fairways of Fossil Creek-Newer CFA 4% ardd Utilities 05 02 05.doc 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—�Ir , 2005. Approval Recommended: Transportation and Public Works Department obert Goode, P". E. Director Cit f ort Marc Ott Assistant City Manager TEST: y �"\ �A� Marty Hendrix City Secretary NO M&C REQUIRED Approve a8 to For 64� �! Assistant 0,,y Attorney rwol Pnr�N'Ers 6rovP� L f ATTEST: DEVELOPER 6CAF O41 �3rer, Two / DcvECoPMeNT By: � � � Corporate SecretaryP� rfA/G �-I�f�kEw G(/o�-1Aj Fairways of Fossil Creek-Newer CFA 4% as Utilities 05 02 05.doc 03/0812005 11:25 FAX 214 596 7394 AB&R ESTIKATING a002 Austin Austin Bridge & Road An Austin Ind strias Company March 44099p1oye8 Owned Austin Bridge&Rad, L.P. 6330 Commerce Mrive,Suite 15o Irving,Texas 75063 214/59rr7300 Two 1 Partnership Group, L.P. Gto GSWW, Inc. 3950 Fossil Creek Blvd, Suite 210 Fort Worth, Texas 76137 Gentlemen: PROPOSAL We propose to furnish all labor, materials and equipment to construct, as an inde endent contractor, the following described work DESCRIPTION AND LOCATION_ The Fairways @ Fossil Creek - Fort Worth,Texas ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 8'3000 PSI CONCRETE STREET PAVING(29 B-B) 7,873.00 SO YD $22.51 $1177,22123 T INTEGrlAL CURB 4,596.00 L.F. $1.22 $5,609.56 6•LIME STABI IIID suNGRADE 8,353.00 SO YD $1.99 $16,622.47 HYDRATED LIME(98 f'sf" 150.00 TONS $66.50 $12,975.00 SAWCUT,REMOVE&DISPOSE EXISTING C&G 138.00 L.F. $6.20 $855.60 TRAFFIC CONTROL DEVICES 1.00 LS $1,600.00 $1,600.00 6ARRIER FREE RAMPS(NO ADA PAVERS) 6.00 EACH $720.00 $4,320.00 R WIDE,,C THICK 3000 Psi CONC SIDEWALK 426.00 LF $12.22 $5,205.72 MATERIALS,DENSITY&LIME SERIES TES'T1NG 1.00 LS $2,900.00 $2,900.00 STAKING FOR PAVING OPERATION 1.00 LS $3,450.00 $3,450.00 TOYAL......... $230,759,58 Working Days; 8 This Proposal is subject to the "Bid Qualifications"attached. Your acceptance of this proposal by signing and retuming the original copy to us within (10) ten days and the approval by us of credit arrangements Will constitute a Contract_ ACCEPTED: A N j � E A ROAD, LP BY: BY: Ra rmond V. Step A.C. TITLE: E mator 631,0 Commerce Dr.,,Suite 150 DATE Irvi ig, Texas 75063 2V .596.7300 (Main) 21A.596.7398 (Fax) I 03/06/2005 11:25 FAX 214 596 7394 AB&R ESTIMATING 1j003 I i BID QUALIFICATIONS ,Austin i PROJECT NAME: The Fairways @ Fossil Creek Fort Worth, Texas BID DATE; March 4, 2005 Owner will pay as extras for engineering, permits and inspection required by City, County or Owner. The attached Proposal does not include any materials tax. St ould any part of this project not be dedicated to a tax exempt entity, material taxes will be added to the quoted prices. Prices are good for Six(6) Months from theabove date. Rock excavation, lot sloping, stockpiling, rolling for compacted fills, clearing and _ grubbing, removal and disposal of dirt, trash, etc. will be by others These prices are based on 1 move-in for stabilization and 1 move in for concrete paving. If additional move-ins are required, there will be an additional charge of $4,000.00 for stabilization and $6,000.00 for concrete paving. Utility adjustments are not included in this bid, if necessary the price will be $325.00 for water valve adjustments and $340.00 for cleanouts and manholes. Grading covers only material on jobsite. Dirt contractor to compact subgrade and parkways to project spec ications and bring rough grade to + or-two-tenths of a foot, acceptable to engineer, the subgrade shall be + or- two-tenths of a foot by others after the completion of the utility work Utility contractor is to clean up his excess excavation prior to our r loving on the job and get compaction in all utility ditches_ Preparation of a SWPPP and compliance with the storm water pol ution prevention plan permitting requirements are not included in the bid amount. I Austin Bridge & Road, L.P_ is to be responsible for such preparation or permitting requirement, please advise us of such requirements so that an alternate price may be provided. This bid does not include any temporary or permanent erosion cor trol devices such as haybales, silt fence, or seeding unless called out as a bid item. 03/08/2005 11: 26 FAX 214 596 7394 AB&R ESTIMATING 004 I Austin This bid does not include any pavement markings, wheelchair rarr ps, sidewalk, inlet variable heights, brick pavers, conduit crossings, or light pole foundations unless called out in the proposal as a bid item. Barrier Free Ramps do not include any ADA Pavers, unless specifically specified by the Engineer in the plans and/or the bid items. If changes are made after contracts have been executed the price for the pavers will be negotiated. Wages shall be of the prevailing Highway Heavy Scale. Partial payments shall be made on the (10) tenth day of each month for 90% of work completed during the preceding month. This is a Unit Price Contract. Items will be measured to determine quantities for final payment. - Retainage will be paid in full upon measuring of final quantities and acceptance of our work by the City of Fort Worth, Texas. Upon completion and acceptance of our work by the City, final pa ment, including retainage, shall be made upon receipt of our invoice, with interest t (18%) eighteen percent per annum charged on any amount remaining unpaid (30) thirty days there- after, together with reasonable attorney's fees and cost of collecti n, if incurred. This proposal is submitted subject to the Owner's providing Austin Bridge & Road with satisfactory proof of financial responsibility for the full amount of the proposed work Additional evidence of financial responsibility may be required at notice to proceed with the work if such date is more than thirty days from the, date of execution of the contract. I Austin Bridge & Road shall not be deemed in violation of this Contract if it is prevented from performing any of the obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, economically dictated shortage of materials, acts of GOD, acts of the public enemy, acts of superior governmer tal authority, unusually severe weather conditions, floods, riots, rebellion, sabotage or any other circumstances for which it is not responsible or which are not in iVs control. Austin Bridge & Road, Inc. shall not be held responsible for any delays o damages caused by these circumstances and shall be allowed to re-negotiate contr act prices should price increases arise from any of the above. Proof of such interne ing forces or circumstances shall be the responsibility of the party claiming sarr e, and notice of such impediment or delay in performance must be given within fourteen (14) 03/08/2005 =11:26 FAX 214 596 7394 AMR ESTIMATING 0005 IL Austin calendar days of the starting date of the delay. To the fullest extent permitted by law, the Contractor shall indemn fy and hold harmless the Owner and any agents or employees of the Owner from and against claims, damages, losses and expenses including but not limited to attomey's fees arising out of or resulting from Contractor's negligence in the performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destri.ction of tangible property (other than the Works itself). In the event the Contractor encounters on the site material believ d to be a Hazardous Substance which has not been rendered harmless, thE Contractor shall immediately stop Work in the area affected and report the cc ndition to the Owner and Architect in writing. The Work in the affected area she II not thereafter be resumed except by written agreement of the Owner and Cont ctor if in fact - the material is a Hazardous Substance and has not been rendere harmless. The Work in the affected area shall be resumed in the absence a Hazardous Substance, or when it has been rendered harmless, by written agreement of the Owner and Contractor. Adjustments in the Contract Sum and/or Contract Time due to impact of this Article on the Agreement shall be made upor mutual agree- ment of Owner and Contractor. Contractor has no liability for design. Contractor is not liable for unforeseen or concealed conditions or ncorrect infor- mation that may be provided. The Owner waives subrogation against the Contractor on all property and con- sequential loss policies carried or self-insured by the Owner on other property at the site or adjacent thereto and under property and consequent al loss policies purchased for the Project after it's completion. Any contract other than this proposal shall be subject to approval y Austin Bridge & Road, L.P. Notwithstanding anything herein to the contrary, Contractor may fTeely assign this contract to any affiliated entity controlled by or under common control with Contractor, provided that Contractor shall remain liable in the event of default by its assignee. Monday, March 28, 2005 9:33 AM ssalsbury 817-268-2330 p-02 WALKER UTILITIES, INC. 124 Brown Trail Hurst,Texas 76053 PHONE 817-268-2318 FAX 817-268-2330 DATE: March 28,2005 TO: TWO 1 PARTNERSHIP GROUP,LP. We propose to furnish the necessary labor,materials,equipment and incidentals to construct the following described work in accordance with plans of G.S.W.W., I NC. Engineers,2nd the the requirements of FORT WORTH,TEXAS specifications. Description of Work: List All Work(I.e.Water,Sewer,Storm Drainage) Location: THE FAIRWAYS OF FOSSIL CREEK FORT WORTH,TEXAS Quantities and Prices WATER MAINS - _. 1). 2196 LF 8" DR-14 PVC PIPE $17.20 537,771.20 2). 6 EA 8" G.V. $890.00 $5.340.00 3). 3 EA 6"G.V. $595.00 $1,785.00 4). 3 EA F.H. $1,815.00 $5,445.00 5). 68 EA 1" SERVICES $400.00 $27,200.00 6). 1 EA I" IRRG.SERVICE $400.00 $400.00 7). 1 LS 36" X 8" T.S.V. $5,700.00 $5,700.00 8). 1 LS FITTINGS& BLOCKING $3,300.00 $3,300.00 9). 30 LF 4" PVC SLEEVE $6.50 $195.00 10). 1 EA CONN.TO EX. 10" STUB $350.00 $350.00 11). 1 EA TEST $1,000.00 $1,000.00 12). 1 LS TRENCH SAFETY $265.00 5265.00 WATER MAIN TOTAL: $88,751.20 SEWER MAINS 1). 2177 LF 8" SDR-35 PVC PIPE $13.40 $29,171.80 2). 9 EA 4' M.H. $2,310.00 520,790.00 3). 1 EA 4' M.H.OVER EX.8" MAIN $3,170.00 $3,170.00 4). 68 EA 4" SERVICES $330.00 $22,440.00 5). 1 LS TRENCH SAFETY $265.00 $265.00 6). 2177 LF T.V. INSP. $0.75 $1,632.75 7). 10 EA VACUME TEST M.H. $75.00 $750.00 8)- 3 EA CLAY DAM $200.00 $600.00 SEWER MAINS TOTAL: $78,819.55 Page 1 of 3 Monday, March 28, 2005 9:33 AM ssalsbury 817-268-2330 p.03 STORM DRAINAGE 1). 165 LF 66" RCP CL.III PIPE $196.70 $32,455.50 2). 137 LF 54" RCP CL.1I1 PIPE 5153.00 $20,961.00 3). 6 LF 30" RCP CL.III PIPE $63.90 5383.40 4). 400 LF 27" RCP CLAII PIPE $53.10 $21,240.00 5). 89 LF 24" RCP CLAII PIPE $46.00 54,094.00 6). 72 LF 21" RCP CL.11l PIPE $40.00 S2,880.00 7). 2 EA 7' 7" SQ.M.H. $9,075.00 $18,150.00 8). 1 EA T 7" X 5' SQ. M.H. $7,700.00 $7,700.00 9). 1 EA 4' X 4'DROP INLET $3,850.00 $3,850.00 10). 1 EA 15' C.I. $3,300.00 $3,300.00 11). 4 EA 10C.l. $2,420.00 $9,680.00 12). l LS TRENCH SAFETY $265.00 $265.00 13). 1 LS REM. EX.D.I.&PIPES $1,000.00 $1,000.00 14). 1 EA 4' X 4' M.H. $3,500.00 53,500.90 STORM DRAINAGE TOTAL: 5129,458.90 MISCELLANEOUS 1). 1 LS BONDS $6,900.00 $6,900.00 2). 1 LS LAB 54,500.00 $4,500.00 3). 1 LS LAYOUT $3,850.00 53,850.00 MISCELLANEOUS TOTAL: $15,250.00 TOTAL BID: $312,279.65 NOTE:SEE PAGE 3 FOR INCLUSIONS& EXCLUSIONS Page 2 of 3 Monday, Mardh 28, 2005 9:33 AM ssalsbury 817-268-2330 p 04 Walker Utilities,Inc. Location: THE FAIRWAYS OF FOSSIL CREEK FORT WORTH,TEXAS UTILITIES PROVISIONS METER AND FEE'S,INSP.FEE'S,CONN.FEE'S OR PERMITS BY OTHER EXCESS SPOILS DEPOSITED ON SITE BID ON UNAPPROVED PLANS ONE MOVE IN BARRICADES PROVIDED ONLY AT WORK LOCATION DURING CONSTRUCTION INSURANCE LIMITS 52,000,000.00 WORK.TO INCLUDE ONLY THE ITEMS LISTED NO LANDSCAPING,HVDROMULCHING OR GRASS SOD INCLUDED STAGING AREA PROVIDED BY OWNER 5150.00 PER V.F.FOR EXTRA DEPTH ON INLETS AND M.H.NOT SHOWN ON PLANS NO MATERIAL TAX INCLUDED NATIVE BACKFILL OVER PIPE EMBEDMENT INCLUDED NO RIR OF PVMT.INCLUDED NO TREE REMOVAL NO S.W.P.P.P.DESIGN OR SUBMITAL INCLUDED For your convenience,the above quantities have been estimated,however this proposal is on a unit price basis with payments to be made on the actual measured quantities of work completed. On the last day of each month partial estimates shall be prepared including all of the completed work plus all of the material on hand for the uncompleted portion and shall be paid in full not later than the 15th day of the following month.Final estimate shall be prepared immediately upon completion and shall be paid within 15 days.All estimates not received on due date shall bear interest from due date until date received at 12%per annum. It is also agreed by both parties to this agreement that any and.all costs of litigation to obtain monies due contractor shall be at the expense of the owner. This proposal is also based on all engineering,grades and alignments being furnished by the owner,together with all necessary permits from the City,County,State or other interested parties.Our prices include on-site disposal of excess materials.Off-site disposal will be the responsibility of the excavation contractor. Your acceptance of this proposal by signing and retuming one copy to us within(10)days and the approval by us of credit arrangement will constitute a contract between us.This proposal or contract is subject to cancellation if a National Emergency should cause materials to become unavailable. ACCEPTED: Walker Utilities, Inc. (Owner) (Contractor) By tevc Salsbury Estimator Title Title Bank Ref Date Attest Page 3 of 3 I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 2, 200 $6, 600. 00 MID-BLOCK RESIDENTIAL 3 EA $ 2, 200 $6, 600. 00 CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 2, 200 $6, 600.00 MID-BLOCK COLLECTOR 0 EA $ 2, 200 $0, 000. 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000. 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 500 $0, 000. 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000. 00 Subtotal $19,800. 00 City's Cost $00 ,000. 00 Developer's Subtotal $19,800 .00 10% Contingencies $00 ,000.00 Project Total $19,800. 00 Adjacent Developer's Cost $00,000 .00 Developer's Cost $19,800.00 2% Inspection Fee $00,000. 00 CFA CODE #2005049 DEVELOPER' S COST: $19,800.00 THE FAIRWAYS OF FOSSIL CREEK April 23, 2005 Fort Worth, Texas April 25, 2005 PAGE I 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 it' s design efforts . 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 street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: $19,800.00 THE FAIRWAYS AT FOSSIL CREEK April 23, 2005 FORT WORTH, TEXAS CFA CODE #2005049 Page II of Exhibit C III . "STREETLIGHTS" INTERSECTIONS FOSSIL CREEK BLVD & TULEYS CREEK DR 1 TULEYS CREEK DR & PAULA RIDGE CT 1 TULEYS CREEK DR & N. BEACH ST 1 MID - BLOCK TULEYS CREEK DR 3 CHANGE OF DIRECTIONS TULEYS CREEK DR 2 PAULA RIDGE CT 1 THE FAIRWAYS AT FOSSIL CREEEK Page III 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 three (3) intersections at a cost to the Developer of$300.00: Fossil Creek Blvd & Tuleys Creek Dr Paula Ridge Ct & Tuleys Creek Dr N Beach St & Tuleys Creek Dr The Fairways of Fossil Creek CFA code: 2005049 April 20, 2005 Q) 0 ry `n W > W Z _ J Q W c/7 � Ln i]3NiS H3V39 Hi�]DN - W W � Z U W O C) U V2 � � O w w 0 J a � W x Q � W � Q W 0 z x o W o W / N � Z W o = t!1 LQ F+moi Z d J w � d W W 01 i 1.33812 HDV32 N ,r 1 � o a a m R ill � � � U i a { I \ x o W o W N � I I U Z a J Q� �" O v o o Cz. � d w w x H 122NIS HOV3H N h� I \ I � OS ,15 W OS •99 0 Q �\ m OS X R \ G1 s � \ V) 100, � J - x o W o W N u U Z a w W W x O N H Z a U-i W � . Gz, W x E-+ 133EIS HOVRE N - 9 ' l R , A& a w w a R � U N M1 M1 � U 1J