HomeMy WebLinkAboutContract 32917 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. )-kil
WHEREAS, Chapel Hill Venture, L.L.L.P., a Georgia limited liability limited
partnership, hereinafter called "Developer", desires to make certain public infrastructure
improvements to Chapel Hill, Phase One, an addition to the City of Fort Worth, Texas; and
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through Chapel Hill (Fort Worth) AIP III,
L.L.L.P., its General Partner, in turn acting by and through Avanti Capital Associates, its
General Partner, in turn acting by and through Avanti Management Partners, J.V., its
Managing Venturer, in turn acting by and through Avanti Development Corporation, its
Managing Venture, in turn acting by and through Marvin Shapiro, its duly authorized 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 the form of a Completion
Agreement as provided by subparagraph B (1)(c) of paragraph 6, Section II,
of the Policy or other security in conformance with paragraph i- -Sertion IL
of the Policy. _ i : ,. •-
1 '
D. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy, which
under subparagraph A of said paragraph provides that the Developer, at its
sole option, may either negotiate or competitively bid the contracts as the
City is not participating in the cost of construction.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
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 infitries, death or
damq,-es are caused, in whole or in part, by the alleged ne!zliaence of the
City of Fort Worth, its of tiers, 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. As the City participation does not exceed $25,000, the City's Director of
Public Works and Transportation is authorized to execute this Agreement on
behalf of the City,and the Developer may commence construction hereunder
without a requirement for City Council approval.
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).
2
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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: 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, B 1, 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, B1,
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 $1,291,085.78.
SUMMARY OF
COST
Chapel Hill Phase I
Item Developer City Cost Total Cost
Cost
A. Construction $
1. Streets $732,613.25 732,613.25
2. Storm Drainage $410,450.00 410,450.00
3. Street Lights $101,200.00 101,200.00
4. Street Name Signs $1,100.00 1,100.00
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 45,722.53 45,722.53
TOTALS 1,291,085.78 $ - 1,291,085.78
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.
4
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 affixeAY
aid evelope
n
has executed this instrument in triplicate, at Fort Worth,Texas this the of
kl�
52005.
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
Cit of F orth
N4 M&C l(EQUIRED Marc OAar
a
Assis nt City Manager
ATTEST:
Marty Hendrix
City Secretary
Approved as to Fo
Assista�n ity'Attorney
ATTEST:
Corporate Secretary
DEVELOPER
Chapel Hill Venture, L.L.L.P., a Georgia limited liability limited partnership
By: Chapel Hill (Forth Worth) AIP III, L.L.L.P., a Georgia limited liability
partnership, as general partner
By: Avanti Capital Associates, a Florida joint venture, as general partner
By: Avanti Management Partners, J.V., a Florida joint venture, as sole managing
venturer
By: Avanti Development Corporation, a Florida corporation, as managing venturer
by: Marvin M. Shapiro, Vice President
ATTEST:
— ( ,1, a]
C orate Secretary
6
UNIT V: STORM DRAIN
ItemApprox. Description of Items with Bid Unit Price Total
No. Quantity Prices Written in Words Amount
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
1. 623 L.F. 21" Class III Reinforced Concrete Pipe
Complete-in-Place;
Dollars
and Cents $ 30.00 $ 18,690.00
2. 2122 L.F. 24" Class III Reinforced Concrete Pipe
Complete-in-Place;
Dollars
and Cents $ 33.00 $ 70,026.00
3. 84 L.F. 27" Class III Reinforced Concrete Pipe
Complete-in-Place;
Dollars
and Cents $ 37.00 $ 3,108.00
4. 458 L.F. 30" Class III Reinforced Concrete Pipe
Complete-in-Place;
Dollars
and Cents $ 42.00 $ 19,236.00
5. 149 L.F. 36" Class III Reinforced Concrete Pipe
Complete-in-Place;
Dollars
and Cents $ 56.00 $ 8,344.00
B-16
e
UNIT V: STORM DRAIN
Item Approx. Description of Items with Bid Unit Price Total
No. Quanti Prices Written in Words Amount
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
6. 147 L.F. 42" Class III Reinforced Concrete Pipe
Complete-in-Place;
Dollars
and Cents $ 72.00 $ 10,584.00
7. 487 L.F. 54" Class III Reinforced Concrete Pipe
Complete-in-Place;
Dollars
and Cents $ 110.00 $ 53,570.00
8. 509 L.F. 60" Class III Reinforced Concrete Pipe
Complete-in-Place;
Dollars $ 122.00 $ 62,098.00
and Cents
9. 317 L.F. 60" Class IV Reinforced Concrete
Pipe Complete-in-Place;
Dollars
and Cents $ 132.00 $ 41,844.00
10, 22 Each Standard ten(10) Foot Curb Inlet;
Dollars
and Cents $ 2,300.00 $ 50,600.00
11, 3 Each Standard fifteen (15) Foot Curb Inlet;
Dollars $ 3,200.00 $ 9,600.00
and Cents
Y-,
s B-17 ;. J
UNIT V: STORM DRAIN
Item Approx. Description of Items with Bid Unit Price Total
No. Quantity Prices Written in Words Amount
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
12. 1 Each Standard twenty (20) Foot Curb Inlet;
Dollars
and Cents $ 4,000.00 $ 4,000.00
13. 3 Each Standard Four (4) Foot Square
Manhole, All Depth;
Dollars
and Cents $ 3,200.00 $ 9,600.00
14. 1 Each Standard Five (5) Foot Square
Manhole, All Depth;
Dollars
and Cents $ 4,400.00 $ 4,400.00
15. 3 Each Standard six (6) Foot Square Manhole,
All Depth;
Dollars
and Cents. $ 4,800.00 $ 14,400.00
16. 1 Each Type"B" Headwall for 30" RCP
Dollars
and Cents $ 1,000.00 $ 1,000.00
B-18
Fes_
UNIT V: STORM DRAIN
Item Approx. Description of Items with Bid Unit Price Total j
No. Quanti Prices Written in Words Amount
(Furnish and install, including all appurtenant work, complete in place, the following j
items)
(D-No. refers to related items in the Part D Special Conditions:)
17. 1 Each Type `B" Headwall for 60" RCP
Dollars
and Cents $ 3,200.00 $ 3,200.00
18. 2 Each Sloping headwall for 30" RCP
Dollars
and Cents $ 1,000.00 $ 2,000.00
19. 2,340 S.F. 12" gabion Mattress Complete;
Dollars
and Cents $ 5.50 $ 12,870.00
20. 880 S.F. Type "R" Grouted Stone Rip Rap;
Dollars
and Cents $ 3.50 $ 3,080.00
21. 4,400 L.F. Trench Safety Complete and in-place;
Dollars
and Cents $ 0.50 $ 2,200.00
22. 30 Each Inlet Protection;
Dollars
and Cents $ 200.00 $ 6,000.00
UNIT V— STORM DRAIN SEWER SUBTOTAL AMOUNT BASE BID: $ 410,450.00
�. B-19
UNIT VI: PAVING IMPROVEMENTS
Item Approx. Description of Items with Bid Unit Price Total
No. Quantity Prices Written in Words Amount
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
1. 31,633 6" Portland Concrete Cement
S.Y. Pavement;
Dollars
and Cents $ 16.00 $ 506,128.00
2. 5,560 S.Y. 5" Alley Pavement w/ sand cushion
Dollars
and Cents $ 17.00 $ 94,520.00
3. 34,115 6" Lime Stabilized Subgrade;
S.Y.
Dollars
and Cents $ 1.35 $ 46,055.25
4. 512 TN Lime Material @ 32lbs/ S.Y.;
Dollars
and Cents $ 65.00 $ 33,280.00
5. 2,930 S.F. 6" HMAC Transition Pavement
Dollars
and Cents $ 12.00 $ 35,160.00
6. 157 L.F, Concrete Street Header
Dollars
f and Cents $ 10.00 $ 1,570.00
UNIT VI: PAVING IMPROVEMENTS
Item Approx. Description of Items with Bid Unit Price Total
No. QuantityPrices Written in Words Amount
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
7T4 Each Handicap Ramps;
Dollars
and Cents $ 600.00 $ 14,400.00
8. Lump Traffic Control Plan;
Sum
Dollars
and Cents $ 1,500.00 $ 1,500.00
UNIT VI—PAVING IMPROVEMENTS AND RETAINING WALLS SUBTOTAL AMOUNT
BASE BID: $ 732,613.25
B-21
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 10 calendar days after issue of the work
order, and to complete the contract within 180 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:)
4�
.-:; . B-25
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.
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,
Oil
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Title
µ.
Address
Telephone: M��
(Seal)
Date:
I . STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 9 EA $ 2, 000 $18, 000 . 00
MID-BLOCK RESIDENTIAL 7 EA $ 2, 000 $14, 000. 00
CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2, 000 $8, 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 0 EA $ 2, 500 $0, 000. 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $40, 000. 00
City' s Cost $00, 000 . 00
Developer 's Subtotal $40,000. 00
10% Contingencies $4,000. 00
Project Total $44 ,000. 00
Adjacent Developer's Cost $01000. 00
Developer's Cost $44, 000.00
2% Inspection Fee $0 ,00 .00
CFA CODE #2004061
DEVELOPER' S COST: $44 ,000 . 00
CHAPEL HILL PHASE I-A
May 20, 2004
Fort Worth, Texas
March 2, 2005
PAGE I OF Exhibit C
Id,--
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: $44 ,000.00
CHAPEL HILL, PHASE I-A
May 20, 2004
FORT WORTH, TEXAS
CFA CODE 2004061
Page II of Exhibit C
III.
"STREETLIGHTS"
INTERSECTIONS
NORTH AMHERST LN & CHATHAM ST 1
SOUTH AMHERST LN & SUSSEK ST 1
SOUTH AMHERST LN & CHATHAM ST 1
NORTH AMHERST LN & DILLON CRESCENT 1
BONDS RANCH RD & CHAPEL HILL LN 1
CHAPEL HILL LN & EAST AMHERST LN 1
CHAPEL HILL LN & SOUTH AMHERST LN 1
CHAPEL HILL LN & SUSSEK ST 1
DILLON CRESCENT & CHATHAM ST 1
MID-BLOCK
SOUTH AMHERST LN 1
EAST AMHERST LN 3
CHAPEL HILL LN 1
SUSSEK ST 2
CHANGE OF DIRECTIONS
EAST AMHERST LN 2
NORTH AMHERST LN 1
SUSSEK ST 1
CHAPEL HILL, PHASE I
Page III of Exhibit C
I . STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK RESIDENTIAL 26 EA $ 2, 000 $52, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 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 0 EA $ 2, 500 $0, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $52 ,000 .00
City' s Cost $00 ,000 . 00
Developer' s Subtotal $52,000 .00
10% Contingency $5,200 . 00
Project Total $57 ,200 . 00
Adjacent Developer' s Cost $00 ,000 . 00
Developer' s Cost $57 ,200 . 00
2% Inspection Fee $00,000 . 00
CFA CODE #2004061
DEVELOPER' S COST: $57,200.00
CHAPEL HILL, PHASE I (ADDITIONAL LIGHTING ORNAMENTAL)
October 27, 2005
Fort Worth, Texas
October 28, 2005
PAGE I OF Exhibit C
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J
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
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: $57 ,200. 00
CHAPEL HILL, PHASE I (ADDITIONAL LIGHTING ORNAMENTAL)
October 27, 2005
FORT WORTH, TEXAS
CFA CODE #2004061
Page II of Exhibit C
III
"STREETLIGHTS"
INTERSECTIONS
BONDS RANCH RD & COLONIAL HEIGHTS 1
MID BLOCK
CALDWELL LN 6
DILLON ST 5
COLONIAL HEIGHTS_ 6
ROCKWELL DR 3
MINT SPRINGS 2
HOPEWELL IN 1
KINSTON ST 2
CHAPEL HILL, PHASE I (ADDITIONAL LIGHTING ORNAMENTAL)
Page III of Exhibit C
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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 eleven (11) intersections
at a cost to the Developer of $1, 100 . 00 :
Bonds Ranch Rd & Chapel Hill Lane
N Amherst Lane & Dillon Crescent
N Amherst Lane & Chapel Hill Lane
E Amherst Lane & Chapel Hill Lane
E Amherst Lane & S Amherst Lane
N Amherst Lane & Chatham St
Dillon Crescent & Chatham St
S Amherst Lane & Chatham St
S Amherst Lane & Chapel Hill Lane
S Amherst Lane & Sussex St
Sussex St & Chapel Hill Lane
Chapel Hill, Phase 1
CFA code: 2004061 Date: May 10, 2004
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PROP. STORM DRAIN LINE
MANHOLE
SCALE (IN FEET) 10' CURB INLET SIZE
—� HEADWALL
0 100 200 400
FLOW ARROW
— — LIMITS OF PROJECT
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LEGEND
+ SINGLE STREET LIGHT
SCALE (IN FEET) T STOP SIGN
100 200 ?IOC SINGLE STREET LIGHT
WITH ATTACHED STOP SIGN
— — LIMITS OF PROJECT
STREET LIGHTS "EXHIBIT C" HUIT -XXIARS
' HLM-Zc4—,Inc. E_rXpnee�inq/Ar&At -tre
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