HomeMy WebLinkAboutContract 32635 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.1
3,Q t k�b
WHEREAS, Garden Meadows South, LP., hereinafter called "Developer",
desires to make certain improvements to Garden Meadows, Phase 2, 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.
Garden Meadows Ph[1].2-Newer CFA 4% and Utilities 09 08 05 t� � r, �-��1'V'
'f u, t�:rvUiU�I U�6�
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 neglixence of
the City of Fort WorM, 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).
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.
W ��
Garden Meadows Ph[1].2-Newer CFA 4% a9d Utilities 09 08 05 U
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, aild said De lope
has executed this instrument in triplicate,at Fort Worth,Texas this the day of
92005.
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
ty o ort o
=NO �CltEQUIRFDMarc Ott
�-- Assistant City Manager
ATTEST:
[N(� aj:LUVA
Marty Hendrix
City Secretary
Approv to Form:
Asses a y A&rney
ATTEST: DEVELOPER
tj By:
Corporate ecretary Marlex, LLC,
it's General Partner,
Ken W. Hackett, Pres.
c,n�rI O�N4JJ�Fi���r! :.�J�
Garden Meadows Ph[1].2-Newer CFA 4/o a5d Utilities 09 08 OS
hkl�:;471TY 61 C�1'�VA?Y
PAY I APPROXIMATE I DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS VALUE VALUE
C. STORM DRAINAGE
1. 317 LF 6'x 4'RCB stone sewer,completed in place
Two hundred eleven Dollars&
and no Cents per LF S 211.00 $ 66,887.00
2. 308 LF 48"RCP,Class III stone sewer pipe
One hundred eleven Dollars&
and no Cents per LF $ 111.00 $ 34,188.00
3. 903 LF 42"RCP,Class III stone sewer pipe
Ninety Dollars&
and no Cents per LF $ 90.00 $ 81,270.00
4. 436 LF 36"RCP,Class III storm sewer pipe
Sixty-eight Dollars&
and no Cents per LF $ 68.00 $ 29,648.00
5. 154 LF 30"RCP,Class III storm sewer pipe
Fifb-five Dollars&
and no Cents per LF $ 55.00 $ 8,470.00
6. 19 LF 24"RCP,Class III storm sewer pipe
Twenty-seven Dollars&
and no Cents per LF $ 27.00 $ 513.00
7. 4 EA Furnish and install 10-foot standard curb
inlet,complete and in-place
Twenty two hundred Dollars&
and no Cents per EA $ 2,200.00 $ 8,800.00
8. 1 EA 5'x T Stone manhole per City of Ft.Worth
standards,complete and in-place
Thirty seven hundred Dollars&
and no Cents per EA $ 3,700.00 $ 3,700.00
9. 3 EA 5'x 5'manhole per City of Ft.Worth
standards,complete and in-place
Twenty five hundred Dollars&
and no Cents per EA $ 2,500.00 $ abII CORO
B-6
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS VALUE VALUE
10. 1 EA 6'x 6'Y-Inlet per City of Ft.Worth
complete and in-place
Thirty two hundred Dollars&
and no Cents per EA $ 3,200.00 $ 3,200.00
H. 363 SY Grouted rock rip-rap
Seventy Dollars&
and no Cents per SY $ 70.00 $ 25,410.00
12. 1 EA Removal of existing 36"Headwall and
connection to manhole.
One hundred Dollars&
and no Cents per EA $ 100.00 $ 100.00
13. l EA Removal of existing 30"headwall
One hundred Dollars&
and no Cents per EA $ 100.00 $ 100.00
14. 4 EA Erosion Control Inlet Devices
Seventy-five Dollars&
and no Cents per EA $ 75.00 $ 300.00
15_ 1 EA Install 30"Type`B"headwall.
One thousand one hundred Dollars&
and no Cents per EA $ 1,100.00 $ 1,100.00
16. 1 EA 6'x 4'-FW-0 TxDOT Headwall,complete
and in-place
Thirty five hundred Dollars&
and no Cents per EA $ 3,500.00 $ 3,500.00
17. 2,137 LF Trench Safety
Two Dollars&
and no Cents per LF $ 2.00 $ 4,274.00
18. 1 LS Storm Water Pollution Prevention
Five hundred Dollars&
and no Cents per LS $ 500.00 $ 500.00
SUBTOTAL STORM DRAINAGE $ 279,460.00
B-7
BID SUMMARY
SECTION A- WATER $ 119,961.00
SECTION B - SANITARY SEWER $ 122,496.00
SECTION C - STORM DRAINAGE $ 279,460.00
TOTAL BID $ 521,917.50
TOTAL WORKING DAYS: 40
CITY MENUAll'i
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_%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 delay and
additional work caused thereby.
The undersigned bidder certifies 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 these specific Contract Documents and appurtenant plans.
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 agrees construction within ten(10)calendar days after issue of the work order by the Owner,and to
complete the contract within 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:)
( ] A. The principal place of business of our company is 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.
[ ] Nonresident 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 the State of
Texas.
B-9
�is�
Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No.2
Addendum No.3
Respectfully submitted,
(SEAL) .
BY: Ci
If Bidder is Corporation TITLE: t-
ADDRESS: "k-o (Oy. kZ44
141
B-10
STATEMENT OF MATERIALS AND OTHER CHARGES
MATERIALS INCORPORATED INTO THE PROJECT: $333.1 T60 . -1k
ALL OTHER CHARGES: $IN pulp."]t-�-
*TOTAL: $ Sa I r G t 1 to
*This total must agree with the total figure shown in Part B-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.
NOTE:
ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACTS IS TO BE FILLED OUT.
B-I1
. ,JU. gin➢ :,�.o
PAY I APPROXIMATE I DESCRIPTION OF ITEM WITH BIDUNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS VALUE VALUE
SECTION D-STREET PAVING
1. 7,975 SY 6-inch HMAC including utility adjustment
and complete in-place.
Fourteen Dollars&
and Fiflv Cents per SY S 14.50 $ 115,637.50
2. 9,770 SY 8-inch stabilized lime subgrade complete
and in-place.
iOne Dollars&
and Forty-five Cents per SY S 1.45 S 14,166.50
3. 195 TN Hydrated lime for lime treatment of
subgrade,complete and in-place(30 lbstsy),.
One hundred one Dollars&
and No Cents per TN $ 101.00 S 19,695.00
4. 5,280 SY 7-inch integral concrete curb and gutter(24"
width)complete in place.
Ten Dollars&
and Twenty-five Cents per SY S 10.25 $ 54,120.00
5. 613 SY Temporary tum-around 6-inch HMAC
i pavement which includes 6-inch stabilized
lime subgrade asphalt curb,include utility
adjustment and completed in-place.
Thirteen Dollars&
and Ninety Cents per SY $ 13.90 $ 8,520.70
I6. 6 EA ADA Ramps
Nine hundred Dollars&
and No Cents per EA $ 900.00 S 5,400.00
7. 87 LF Traffic Barricades per City standard S-M 12
Forty-five Dollars&
and No Cents per LF $ 45.00 S 3,915.00
I8. 87 LF Concrete street header, complete in place.
Nineteen Dollars&
and No Cents per LF S 19.00 $ 1,653.00
B-2
i
IPAY APPROXIMATE DESCRIPTION OF ITEM WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS VAITV VALUE
I9. 1 LS Material Testing
Forty-three hundred Dollars&
Iand No Cents per LS $ 4,300.00 $ 4,300.00
10. 4 EA Erosion Control Inlet Devices
Ninety Dollars&
and No Cents per EA $ 90.00 $ 360.00
1 I. 1 LS Stormwater Management
Ten thousand five hundred Dollars&
and No Cents per LS $ 10,500.00 $ 10,500.00
12. 2 EA Stop Signs,complete in place.
Four hundred seventy Dollars&
and No Cents per EA $ 470.00 $ 940.00
13. 2 EA Street Signs,complete in place.
IFive hundred Dollars&
and No Cents per EA $ 500.00 $ 1,000.00
! SUBTOTAL SECTION D-STREET PAVING
$ 240 207.70
NOTE THAT THIS SCHEDULE OF VALUES MUST EQUAL AMOUNT BID.
I
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B-3
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(l BID SUMMARY
SECTION D - STREET PAVING(ON-SITE) $ 240,207.70
TOTAL BID $ 240,207.70
TOTAL WORKING DAYS 60
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B-4 �7 ..•'`I✓' �YLr V ��O
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STANDARD FORM OF AGREEMENT
ISTATE OF TEXAS §
COUNTY OF TARRANT §
ITHIS AGREEMENT, mad and entered into this day of A.D., 20 ,
by and between of the County of Tarrant and
I State of Texas , acting through ,thereunto duly authorized so
to do,Party of the First Part,h einafter-term d OWNER, and A fP eAc r of the City of
EaLeIf , County of 7r,-,e, and State of Texas, Party of the Second Part,hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned,to be made and performed by the Part of the First Part(OWNER), and under the conditions
expressed in the bond bearing even date herewith,the said Party of the Second Part(CONTRACTOR),
hereby agrees with the said Party of the First Part(OWNER)to commence and complete the construction
of certain improvements described as follows:
ISTREET PAVING IMPROVEMENTS to serve GARDEN MEADOWS,PHASE TWO
I and all extra work in connection therewith, under the terms as stated in the General Conditions of the
Agreement and at his (or their) own proper cost and expense to furnish all the materials,supplies,
machinery, equipment,tools, superintendence,labor,insurance and other accessories and services
I necessary to complete the said construction,in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special
Conditions of Agreement,Plans and other drawings and printed or written explanatory matter thereof,and
I the Specifications and addenda therefor, as prepared by Welch Engineering,Inc., 621 W. College Street,
Grapevine, Texas,herein entitled the ENGINEER, each of which has been identified by the
CONTRACTOR and the ENGINEER,together with the CONTRACTOR's written Proposal,the General
I Conditions of the Agreement, and the Performance and Payment Bonds hereto attached, all of which are
made a part hereof and collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written
I notice to do so shall have been given to him,and to substantially complete the same in calendar
days after the date of the written notice to commence work,subject to such extensions of time as are
provided by the General and Special Conditions.
IThe OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the
Proposal, which forms a part of this contract, such payments to be subject to the General and Special
IConditions of the contract.
IN WITNESS WHEREOF,the parties of these presents have executed this agreement in the year
I and day first above written.
Sa
Party of the First Part(OWNER) Party of the Second Part(CONTRACTOR)
WA 441(21, rte' �.7�. -
By: By: A:24�
I ,daCa Ti)NtLritlt_dy� ✓t C P.tO ra�w/f
ATT ATTEST:
I
I
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 2 EA $ 2, 000 $4, 000 . 00
MID-BLOCK RESIDENTIAL 4 EA $ 2, 000 $8, 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 0 EA $ 2, 500 $0, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $16,000.00
City' s Cost $00,000.00
Developer' s Subtotal $16,000.00
10% Contingency $1,600.00
Project Total $17,600.00
Adjacent Developer' s Cost $00,000.00
Developer' s Cost $17,600.00
2% Inspection Fee $00,000.00
CFA CODE #2005112
DEVELOPER' S COST: $17 ,600.00
GARDEN MEADOWS, PHASE II
Fort Worth, Texas
August 25, 2005
PAGE I 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:
Meadow Lane & Nelson PI
Meadow Lane & Nicole Way
Garden Meadows, Phase II
CFA code: 2005112 August 20, 2005
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AIRPORT
RECEIVED
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D.O.E. NO: 4337
LOCATION MAP WATER NO: P163-060163015187
SANITARY SEWER NO: P173--070173013189
"GARDEN MEADOWS, PHASE 2" STREET/STORM DRAIN NO: W-1389
WELCH ENGINEERING, INC.
CONSUL 77NG ENGINEERS
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DEVELOPER'S PARTICIPATION
6" HMAC PAVEMENT W/
5" CROWN ON 8" LIME
SUBGRADE
>�} DEVELOPER'S PARTICIPATION
5" ASPHALT PAVEMENT
NOTE:
SIDEWALKS TO BE INSTALLED
BY HOME BUILDERS ONLY
SCALE: 1"=200'
EXHIBIT "B"
D.O.E. N0: 4337
PAVING IMPROVEMENTS WATER NO: P163-060163015187
SANITARY SEWER NO:
"GARDEN MEADOWS, PHASE 2" STREET/STORM DRAIN NO:3W 1389 P17013189
WELCH ENGINEEMT4Cx, I NC.
CONSUL TING ENGINEERS
CROCKETT DRIVE
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27'RCP
II ( J NICOLE WAY .
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I I E I I I I I I 42'RCP
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1 I /-42 RCP ( 5' S0. MANHOLES {
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10' OR 20' INLET
100% DEVELOPER'S COST
STORM SEWER AND INLET
AND ASSOCIATED APPURTENANCES
SCALE: 1"=200'
EXHIBIT 99B- 1" D.O.E. NO: 4337
STORM DRAIN IMPROVEMENTS WATER NO: P163-060163015187
„ SANITARY SEWER NO: P173-070173013189
GARDEN MEADOWS, PHASE 2 STREET/STORM DRAIN NO: W-1389 w61"MU'� ;
WELCH ENGINEERING, I NC. M`7102Ei�U
CONSULTING ENGINEERS
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NELSON F
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ANHOLE
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6Y—INLET
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10' OR 20' INLET
1007 DEVELOPER'S COST
STORM SEWER AND INLET
AND ASSOCIATED APPURTENANCES
SCALE: 1"=200'
EXHIBIT "B-1"
D.O.E. N0: 4337
STORM DRAIN IMPROVEMENTS WATER NO: P163-060163015187
SANITARY SEWER NO: 701
"GARDEN MEADOWS, PHASE 2" STREET/STORM DRAIN NO:3Wo1389 013189
WELCH ENGINEpuNo, I NC.
CONSUL TING ENG//VEERS