HomeMy WebLinkAboutContract 31036 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary ((������
COUNTY OF TARRANT § Contract No.C310�v��
WHEREAS, Lumbermen's Investment Corporation, hereinafter called
"Developer", desires to make certain improvements to Kingsridge Phase III, 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 Gary McAtee, 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 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.
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 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.
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof-
2
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, 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, 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 $�g4,1�►5.�1
Notes:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
Sidewalk cost is included under street cost. The developer is responsible for
installation of 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.
SUMMARY OF COST
Kingsridge Phase III
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $144,997.95 $ 144,997.95
2. Storm Drainage $3,700.00 $ 3,700.00
3. Street Lights $39,600.00 $ 39,600.00
4. Street Name Signs $400.00 $ 400.00
B. Engineering Design $
C. Construction Engineering
and Manage ent by DOE 4%) $ 5,947.92 5,947.92
TOTALS $ 194,645.87 $ - $ 194,645.87
CFA CODE; 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 affixed, and said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the ay ofa. Ud 1L
92004.
Approval Recommended:
Transportation and Public Works
Department
Al
Robert Goode, P. E.
Director
ATTEST: CityAarcOtt
h
By:
1�``13�-�p 1 Pn&+
City Secretary Assistant City Manager
Approved as to Form:
Assistant City Attorney
ATTEST: DEVELOPER:
Lumbermen's Investment Corporation
By: �kqon�,-,
Y
Corporate Secretary Gary Mc"t e, Vice President
i ��ql�'y•`',S�'�i0iII i
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EXH181 T "B
KINGSRIDGE PHASE 3 LEGEND
BLOCKS 3-6
STREET B Y DEVELOPER
. -----..__........_.........._.
)IC
II
a ..
GRAPHIC SCALE
0 50 100 2M
TEA GUE NA L L AND PERKINS
SMOMMERS ♦ SURVEYORS ♦ CONSWAIM
200'
EXHIBIT "B-1"
LEGEND
KINGSRIDGE PHASE III PROP. STORM DRAIN
BLOCKS 3-6 :>- PROP. INLETS
>- - EXIST STORM DRAIN
I r
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, 1 � li
A
q I Ije
LCFT5L1"COURT
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PALISK s COURT
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LORI VALLEY LANE H __
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GRAPHIC SCALE
too "' '° too '°° TEAGUENALL AND PERKINS
ENGINEERS ♦ SURYETORS ♦ CONSULTANTS
I' . 200'
EXHIBIT "C
LEGEND
KINGSRIDGE PHASE III (Z) STREET LICHT
BLOCKS 3-6 ❑ PAD MOUNTED TRANSFORMER
PROP STREET SIGN
OfA1511
Is A
LOJUS10"CgA4T
In
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.............
FALSWS COURT
fT
LCM VALLEY LANE
GRAPHIC SCALE
loo 0 50 100 2
TEAGUE NALL AND PERKINS
INOINENERS ♦ SURVErORS ♦ CONSULTANTS
1 200'
SIDEWALK EXHIBIT
LEGEND
KINGSRIDGE PHASE III
BLOCKS 3-6 SIDEWALKS
-J"
V s LOFIVA"CMRT
——--------
PALMIMS CaRf
LM VALEY LAW
F`
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GRAPHIC SCALE
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too 0 50 too 200 TEA GUE NA LL AND PERKINS III
ENGINEERS ♦ SURVEYORS ♦ CONSULTANTS
Peet,
Section B — Paving and Storm Drainage Improvements ®ct 2 i � EO
IN
UNIT III -Storm Drainage Improvements
ITEM APPROX DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
NO. QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
1. 7 LF 24" CL III RCP Storm Drain;
Per Linear Foot
Forty
Dollars
No Cents $40.00 $280.00
2. 7 LF 21" CL III RCP Storm Drain;
Per Linear Foot
Thirty Five
Dollars
No Cents $35.00 $ 245.00
3. 2 EA 10' Standard Curb Inlet;
Per Each
One Thousand Eight Hundred
Fifty Dollars
No Cents $1.850.00 $3,700.00
TOTAL AMOUNT BID, UNIT III —STORM DRAINAGE IMPROVEMENTS $4,225.00
UNIT IV - Paving Improvements
ITEM APPROX DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
NO. QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
1. 6,827 SY 6" Lime Stabilized Subgrade;
Per Square Yard
One
Dollars
Eighty Five Cents $1.85 $12,629.95
2. 102 TON Lime for Stabilization (30#/SY);
Per Ton
Ninety Four
Dollars
No Cents $94.00 $9,588.00
='J4L^ '2
Page 4 of 8
ITEM APPROX DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
NO. QUA"ITITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
3. 6,395 SY 6" Reinforced Concrete Pavement;
Per Square Yard
Nineteen
Dollars
No Cents $19.00 $121,505.00
4. 6 EA Remove Street Barricade;
Per Each
One Hundred Fifty
Dollars
No Cents $150.00 $900.00
5. 5 EA Adjust Sanitary Sewer Manhole/Valve Cover;
Per Each
Seventy Five
Dollars
No Cents $75.00 $375.00
TOTAL AMOUNT BID, UNIT IV— PAVING IMPROVEMENTS $ 144,997.95
TOTAL AMOUNT BID —SECTION B (UNIT III + UNIT IV) $149,222.95
Page 5 of 8 �,
BID SUMMARY:
SECTION A—WATER & SANITARY SEWER IMPROVEMENTS $131,905.00
SECTION B —PAVING & STORM DRAINAGE IMPROVEMENTS $149,222.95
TOTAL BID $281,127.95
Page 6 of 8
"STATEMENT OF MATERIALS AND OTHER CHARGES"
MATERIALS INCORPORATED INTO THE PROJECT $
ALL OTHER CHARGES $
**TOTAL $
* This form is included in these documents for reference only. It is to be completed by
the low bidder at the time of execution of the contract.
** This total must agree with the total figure shown in the Proposal, TOTAL AMOUNT BID
in the bound contract.
For purposes of complying with the Texas Tax Code, the Contractor agrees that the
charges for any material incorporated into the project in excess of the estimated quantity
provided for herein will be no less than the invoice price for such material to the
Contractor.
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 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 fhe work
order, and to complete the contract within 45 calendar 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:)
Page 7 of 8
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.
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,
Conatser Construction TX, L.P.
By:
Mark Pappas, FIrrdsident of
Title
Conatser Management Group, Inc.
General Partner
Address
P.O. Box 15448
Fort Worth, Texas 76119
Telephone: 817-534-1743
(Seal)
Date: 7/1/04
- END OF PROPOSAL - RECEIVED
Page 8 of 8
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 6 EA $ 2, 000 $12, 000. 00
MID-BLOCK RESIDENTIAL 7 EA $ 2, 000 $14, 000. 00
CHANGE OF DIRECTION RESIDENTIAL 5 EA $ 2, 000 $10, 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 $36,000.00
City' s Cost $00, 000 . 00
Developer's Subtotal $36,000.00
10% Contingencies $3,600.00
Project Total $39,600.00
Adjacent Developer's Cost $0,000.00
Developer's Cost $39, 600.00
2% Inspection Fee $0,00.00
DEVELOPER' S COST: $39, 600.00
KINGSRIDGE, PHASE III
June 14, 2004
Fort Worth, Texas
November 17, 2004
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: $39,600.00
June 14, 2004
June 14, 2004
FORT WORTH, TEXAS
Page II of Exhibit C
��1 1:L
III.
"STREETLIGHTS"
INTERSECTIONS
LORI VALLEY IN & ST. JAMES ST 1
LOFTSMOOR CT & ST. JAMES ST 1
PALISADES CT & ST. JAMES ST 1
CHATSWORTH IN & CANDLEWICK ST 1
CHATSWORTH IN & KNIGHTS CT 1
CHATSWORTH CT & STREET A CT 1
MID - BLOCK
LORI VALLEY LN 1
CHATSWORTH IN 2
LOFTSMOOR CT 1
PALISADES CT 1
BISON CT 1
CANDLEWICK ST 1
CHANGE OF DIRECTIONS
LOFTSMOOR CT 1
PALISADES CT 1
STREET A 1
BISON CT 1
KNIGHTS CT 1
KINGSRIDGE, PHASE III
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 four (4) intersections at
a cost to the Developer of $400.00:
St James St & Lori Valley Lane
St James St & Palisides Ct
St James St & Loftsmoor Ct
Candlewyck St & Chatsworth Lane
Note: Signs above were installed on previous phase.
Kingsridge, Phase 3
CFA code: 2004079 Date: June 18, 2004