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HomeMy WebLinkAboutContract 31035 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.�51 WHEREAS, Hillwood Residential Services, L.P., hereinafter called "Developer", desires to make certain improvements to Dalton Street Extension, 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 Brian Carlock, its duly authorized Vice President of Hillwood Development Corp, General Partner of Hillwood Operating, L.P. a Texas limited partnership, general partner of Hillwood Residential Services, L.P., 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 Il, 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. CFA-tpw.doc 1 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 injuries, death or damages are caused, in whole or in part, by the allezed neck-ence 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. CFA-tpw.doc 2 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 (13- 1) attached; 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, 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, 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 $239,542.20. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $71,230.50 $ 71,230.50 2. Storm Drainage $156,887.00 $ 156,887.00 3. Street Lights $2,200.00 $ 2,200.00 4. Street Name Signs $100.00 $ 100.00 B. Engineering Design $C. Construction Engineering $ and Management by DOE 4% $ 9,124.70 1 Is 9,124.70 TOTALS $ 239,542.20 1 $ - $ 239,542.20 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 constructio CFA-tpw.doc 3 inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 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 saidJ)eveloper has executed this instrument in triplicate, at Fort Worth, Texas this the 4 day of 2004. Approval Recommended: Transportation and Public Works IL m-61LDepartment -'`-'ntract Authorization Robert Goode, P. E. !,:itP Director ATTEST: City MForth BY: MayN 14e(Na )(, AdMtt City Secretary Assistant City Manager Approved as to Form: Assistant City Attorney DEVELOPER Hillwood RLD, L.P. By: Hillwood Operating, L.P. a Texas limited partnership, its general partner ATTES By: Hillwood Development Corp, r A Texas Corp, it's general Partner ?�l By: orpora cretary Brim"Garlock, Vice President CFA-tpw.doc 4 3 � _ L m x HERITgOE TRACE Y ' r^� C PROJECT LOCATION D ON \c3Fo L-J 0 0 DDD � o Z > L L-&o N07 TO SCALE Dvil w=, MAP A p Carter Burgess /V LOCATION A CARTER& BURGESS,INC. )1]6V 01 SI_ FORE WO"K l 76W2 DALTON STREET PROJECT PROJECT° NO. 070521.D50.1.630 n\lob\ 0lD521\clv\S8a2\dal+on\ nrdllcfa.don PAGE t OF 5 0 SCALE# 1" = 200' t i t t i 1 o � 91 V�r4Go 1f N a� 1 P u� STREETS ` LEGEND EXHIBIT 'B' r DALTON STREET 'ROP. ASPHALT ''ROP. 45' B/B 3'OADWAY/64'ROW Carter Burgess CARTER& BURGESS,INC. m nwN srnEer IMITS OF PROJECT oxr wouw,n mas �BI�)05--6000 PROJECT NO. 010521.050.1.630 a-\lob\ 010521\0l v\S002\tic l+nn\ nralI fo_1— PAGF l OF S N SCALE1 1" = 200' J I 1 1"Qy`" o Q ` W� - -- STORM DRAIN LEGEND 5-8'X9. NBC EXHIBIT 'B-1' 'ROP. STORM DRAIN LINE DALTON STREET 'ROP. INLET T I 'ROP. MANHOLE -�-- I 'ROP. HEADWALL ------[ _ Carter Burgess X I ST. STORM DRAIN LINE CARTER& BURGESS,INC. 777—5TI F .IMITS OF PROJECT ���• om wowin.lx 7elo (Bill 135-0000 PROJECT NO. 010521.050.1.630 O1\lob\ 010521\0Iv\S6C2\dnitnn\ nrdllnfn.dnn onrc a nc s (0) SCALER 1" = 200, 1 1 IIvgG,;' 1p.9 Z�oE 4 dP W� d I. � O — • STREET LIGHTS LEGEND EXHIBIT 'C' ROP. SINGLE STREET LIGHT • DALTON ROAD KIST. SINGLE STREET LIGHT 0 ' DN STEEL POLE WITH STREET NO STOP SIGNS ATTACHED) ROP. STREET SIGN 1 Carter Burgess X I ST. STREET SIGN A CARTER& BURGESS,INC. I M I TS OF PROJECT — "'" N s� foal WO0.Ri,a%761U I81)�)3f-6W0 PROJECT NO. 010521.050.1.630 =af\Iob\ 010521\civ\Seo2\dalton\ nrdticfa.don PACE 5 OF 5 V SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION B - STORM DRAIN SYSTEM 440 1. 174 C.Y. 5 —8'x4' Multiple Box Culvert (See sheets 13 and 14 for Details), Complete in place for the sum of Three Hundred and Forty-Five Dollars & No Cents per Cubic Yard $345.00 $60,030.00 440 2. 120 L.F. 48" Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in place for the sum of One Hundred Dollars & No Cents per Linear Foot $100.00 $12,000.00 440 3. 42 L.F. 21" Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in place for the sum of Thirty-Five Dollars & No Cents per Linear Foot $35.00 $1,470.00 444 4. 110 C.Y. Modified Wing Walls for 5 — 8'x4'MBC, Includes Minor Grading, Complete in place for the sum of Three Hundred Seventy-Fjve . Dollars & No Cents per Cubic Yard $375.00 $41,250.00 - - I 01052101.00B P-5 J �i SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 4A 2 Ea. *' Form Lining of Wing Walls for 5- 8'x4' MBC, Form Lining of the outside ` face of Wing Walls facing the channel only (will not be seen from the street side), Form lining to be Greenstreak Architectural Concrete Form Liners "Fractured Rib" design (Greenstreak No. 366) or approved equal, complete in place for the sum of Seven Hundred Fifty Dollars & I No Cents per Each $750.00 $1,500.00 S.P. 5. 2 Ea. Pedestrian Handrail Along Top of Wing Wall at MBC (See Sheet 16 for Detail), complete in place for the sum of I' Twelve Thousand Dollars & �I i' No Cents per Each $12,000.00 $24,000.00 II S.P. 6. 355 S.Y. Rock Rubble Rip Rap, Grouted, 24" Diameter Minimum (See Sheet 16 for Detail), complete in place for the sum of Forty-Five Dollars & No Cents per Square Yard $45.00 $15,975.00 525 7. 162 L.F. Trench Safety— Deeper than 5 Feet One Dollar & No Cents per Linear Foot $1.00 $162.00 01052101.008 P-6 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID S.P. 8. 1 L.S. Storm Water Pollution Prevention Maintenance of Erosion Control Devices (Installed by Owner) Five Hundred Dollars & No Cents per Lump Sum { $500.00 $500.00 { SECTION B - - - STORM DRAIN SYSTEM $156,887.00 SUMMARY Section A - Water $ 5,805.00 Section B - Storm Drain $156,887.00 GRAND TOTAL $162.692.00 I I I i 01052101.00B P-7 PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: HILLWOOD RESIDENTIAL SERVICES, L.P. Fort Worth, Texas DEVELOPER July 2004 c/o CARTER & BURGESS, INC. FOR: STREET IMPROVEMENTS FOR f DALTON STREET EXTENSION D.O.E. NO. 4558 Pursuant to the foregoing "Notice to Bidders," the undersigned bidder having thoroughly examined the Contract Documents, Plans, Special Provisions, Standard Special Provisions, 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 as provided in the Plans and Contract Documents subject to inspection and approval by the Director of Public Works 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 and Payment Bond, and such other bonds as may be required by !i 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: DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID STREET IMPROVEMENTS 210 1 2,100 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of One Dollar & Ninet -Five Cents per Square Yard $1.95 $4,095.00 212 2 34 TON Lime for Subgrade (32#/S.Y.) , complete in place for the sum of Ninety-Five Dollars & No Cents per Ton $95.00 $3,230.00 01052103.00A P-1 "y - � I DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 314 3 720 S.Y. 6 Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb), complete in place for the sum of 1 Twenty-Two Dollars & No Cents per Square Yard $22.00 $15,840.00 4 1,280 S.Y. 6" HMAC Temporary Pavement, complete in place for the sum of Sixteen Dollars & No Cents per Square Yard $16.00 $20,480.00 506 5 500 S.Y. Compacted Crushed Stone Shoulder, complete in place for the sum of Thirty Dollars & 0.00 rd Y No Cents per Square a $3 $15,000.00 6 1,166 S.F. 4' Wide Concrete Sidewalk, III Complete in place for the sum of ITwo Dollars & Fifty Cents per Square Foot $2.50 $2,915.00 I 7 840 S.F. Brick Pavers as Shown on Plans, I Complete in place for the sum of Four Dollars & No Cents per Square Foot $4.00 $3,360.00 h 01052103.00A P-2 L DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 8 947 L.F. 8" Solid White Stripe (Shoulder and Left Turn Lane), complete in place for the sum of IOne Dollars & Twenty-Five Cents per Linear Foot $1.25 $1,183.75 I9 914 L.F. 4" Solid Double Yellow Stripe, complete in place for the sum of No Dollars & ISeventy-,Five Cents per Linear Foot $0.75 $685.50 10 153 L.F. 8" Solid Yellow Stripe, complete in 1 place for the sum of ` One Dollars & Twenty-Five Cents per Linear Foot $1.25 $191.25 11 1 EA. Adjust Top of Existing SS Manhole, complete in place for the sum of Seventy-Five Dollars & No Cents per Each $75.00 $75.00 12 45 L.F. Remove Existing End of Road Barricades, complete in place for the sum of I Five Dollars & I No Cents per Linear Foot $5.00 $225.00 i i i 01052103.00A P-3 �J i DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 13 45 L.F. Connect to Existing Concrete Pavement, complete in place for the sum of ITen Dollars & No Cents per Linear Foot $10.00 $450.00 14 1 L.S. Storm Water Pollution Prevention Plan Five Hundred Dollars & No Cents per Lump Sum $500.00 $500.00 15 1 L.S. Construction Material Testing per City of Fort Worth Requirements One Thousand, jFive Hundred Dollars & No Cents per Lump Sum $1,500.00 $1,500.00 16 1 L.S. City Required Bonds On Thousand Five Hundred Dollars & No Cents per Lump Sum $1,500.00 $1,500.00 TOTAL-STREET IMPROVEMENTS --- $71,230.50 City of Fort Worth requires a minimum of 27#/S.Y. The Paving Contractor will be responsible for a lime series test as directed by the City of Fort Worth Construction Inspection Department. Owner shall be responsible for installation of all silt barriers, sediment traps,check dams,and seeding. The Earthwork contractor shall be responsible for the"Construction Entrance/Exit"installation. 01052103.00A P-4 i I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2 , 000 $0, 000 . 00 MID-BLOCK RESIDENTIAL 1 EA $ 2 , 000 $2 , 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 $2, 000. 00 City' s Cost $00, 000 . 00 Developer's Subtotal $2, 000.00 10% Contingencies $0,200.00 Project Total $2,200.00 Adjacent Developer' s Cost $0, 000.00 Developer' s Cost $2, 200.00 2% Inspection Fee $0, 000.00 (CFA CODE 2004087) DEVELOPER' S COST: $2, 200 .00 DALTON ST EXTENSION July 12, 2004 Fort Worth, Texas July 26, 2004 PAGE I OF Exhibit C i`.Tf2.Iq ✓fJ.I LSI:'.� �:�'._ _ . 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: $2,200.00 DALTON ST EXTENSION July 12, 2004 FORT WORTH, TEXAS (CFA CODE 2004087) Page 11 of Exhibit C III. "STREETLIGHTS" MID - BLOCK DALTON ST 1 DALTON ST. EXTENSION ' 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 one (1) intersections at a cost to the Developer of$100.00: Old Denton Rd (future N Riverside) & Dalton St Dalton Street Extension (From N Riverside to existing Dalton) CFA code: 2004087 Date: June 28, 2004