HomeMy WebLinkAboutContract 31564 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. J
WHEREAS, Garden Plaza Business Park, L.P., hereinafter called "Developer",
desires to make certain improvements to Giverny Addition, 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 Aaron Associates LLC, its
General Partner, acting herein by and through, Aaron Patel, its duly authorized
Member, 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 11, 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.
Giverny Add CFA 4% and Utilities 02 24 '
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 alle ed 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).
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
Giverny Add CFA 4% and Utilities 02 24 025
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)None.
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.
Il. 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, B 1,
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 $ 625,828.74.
0
Giverny Add CFA 4% and Utilities 02 24 0�5
Ili � �� �
SUMMARY OF COST
Giverny Addition
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $215,230.45 $ 215,230.45
2. Storm Drainage $386,527.95 $ 386,527.95
3. Street Lights $0.00 $ -
4. Street Name Signs $0.00 $ -
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE 4% $ 24,070.34 1 1 $ 24,070.34
TOTALS $ 625,828.74 $ - $ 625,828.74
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.
Giverny Add CFA 4% and Utilities 02 24 045 Of
lh;aN Gl Ui U K 11
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 24 day of February,
2005.
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
C' of Wort
NO M&C REQUIRED
Marctt
Assist t City Manager
ATTEST:
Marty Hendrix
City Secretary
Approved as to Form--
Assistan ity ttorney Garden Plaza Business Park L.P.
By Aaron Associates LLC
Its General Partner
ATTEST:
By: 6F,a/y4r,' a��
Corporate Secretary Aaron Patel, Member
Giverny Add CFA 4% and Utilities 02 24 �i " � �'?
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LEGEND
® PUBLIC PAVEMENT -
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PRIVATE PAVEMENT t
EXHIBIT 991399
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PAVING ��. " 'r`� i
GIVERNY
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EX. 18"
ROCK = GRATE PIPE
RIP—RAP ^'�� INLET I BmGLEA HILLS
CONCRETE 72" I IELEMENTARY SCHOOL
__HEADWALL_ RCP
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CURB INLET I CURB INLET
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LEGEND - -
PROPOSED (PUBLIC) STORM DRAIN `
- _ = PROPOSED (PRIVATE) STORM DRAIN I
_ _ = EXISTING STORM DRAIN
EXHIBIT » B _
STORM DRAINAGE SYSTEM
UNIT IV: PAVING
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AM0UNT
(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. 5,665 S.Y. 6'' Reinforced Concrete Pavement,
Per Square Yard:
_Twenty-seven
Dollars
and Fifty Cents $ 27.50 $ 155,787.50
2. 2565 S.Y. 4" Reinforced Concrete Driveway
Pavement,
Per Square Yard:
N/A Dollars
and Cents N/A N/A
3. 135 S.Y. 4" Reinforced Concrete Sidewalk,
Per Square Yard:
_Twenty-eight Dollars
and Fifty Cents $ 28.50 $ 11,343.00
4. 6197 S.Y. 6" Lime Stabilization,
Per Square Yard:
_Four Dollars
and Thirty-five Cents $ 4.35 $ 26,956.95
5. 2340 L.F. 6" Standard Integral Curb,
Per Linear Foot:
_Two Dollars
and No Cents $ 2.00 $ 4,680.00
B-11
6. 1266 L.F. 4" Mountable Curb,
Per Linear Foot:
_Five Dollars
and Fifty Cents $ 5.50 $ 6,963.00
7. 1 L.S. Horizontal and Vertical Control;
Per Lump Sum:
_Nine thousand five hundred
Dollars
and No Cents $ 9,500.00 $ 97500.00
TOTAL AMOUNT BID Pavement $ 215,230.45
A: 0 xED
B-12
UNIT III: STORM DRAIN
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE 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. 39 L.F. 18-Inch Storm Sewer Pipe,
Per Linear Foot:
_Thirty-six Dollars
and No Cents $ 36.00 $ 1,404.00
2. 173 L.F. 24-Inch Storm Sewer Pipe,
Per Linear Foot:
_Forty-five Dollars
and NinetyCents $ 45.90 $ 7,940.70
3. 300 L.F. 30-Inch Storm Sewer Pipe,
Per Linear Foot:
_Fifty-nine Dollars
and Forty Cents $ 59.40 $ 17,820.00
4. 23 L.F. 72-Inch Storm Sewer Pipe,
Per Linear Foot:
_Two hundred seventy-four
Dollars
and No Cents $ 274.00 $ 6,302.00
5. 425 L.F. 2 — 10'x6" Multiple Box Culvert,
Per Linear Foot:
_Five hundred sixty-eight---
Dollars
ixty-eightDollars
and Forty-five Cents $ 568.45, $241,591.25
6. 2 Ea. TxDOT Type PW Headwalls for Box
Culvert,
Per Each:
_Nine thousand Dollars
and No Cents $ 9,000.00 $ 18,000.00
7. 2 Ea. Connection to Existing Storm
Inlet/Headwall;
Per Each:
_Five hundred sixty-five
Dollars
and No Cents $ 565.00 $ 1,130.00
8. 2 Ea. 10-Ft. Depressed Curb Inlet,
Per Each:
_Two thousand seven hundred
Dollars
and No Cents $ 2,700.00 $ 5,400.00
9. 3 Ea. 10-Ft. Recessed/Depressed Curb Inlet,
Per Each
_Two thousand four hundred
thi rty Dollars
and No Cents $ 2,430.00 $ 71290.00
10. 1 Ea. 40-Ft. Recessed/Depressed Curb Inlet,
Per Each:
Nine thousand four hundred
fifty Dollars
and No Cents $ 9,450.00 $ 9,450.00
11. 1 Ea. 3' x 3' Wye Inlet,
Per Each:
_Nine hundred _ Dollars
and No Cents $ 900.00 $ 900.00
1�' 9G2ETAEV
12. 4,600 SFF Retaining Wall System;
Per Square Foot Face:,
_Fourteen Dollars
and Forty Cents $ 14.40 $ 66,240.00
13. 1 L.S. Erosion Control Plan;
Per Lump Sum:
Three thousand sixty_Dollars
and No Cents $ 3,060.00 $ 3,060.00
TOTAL AMOUNT BID STORM $ 386,527.95
'CT VE S�a1es
B-10 c u N
TOTAL AMOUNT BID WATER $ 92,607.14
TOTAL AMOUNT BID SEWER $ 83,280.00
TOTAL AMOUNT BID STORM $ 386,527.95
TOTAL AMOUNT BID PAVING S 215,230.45
GRAND TOTAL AMOUNT BID $ 777,645.54
B-13
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
attaehed bid seeur-ity in the -6-aeunt of 0 is to beeeme the pr-epefty of the Gi�y Of F8
Werth, Te)Eas, in the event the eentr-aet and bend er- bends are not exeeuted wid deliver-e
w4hin the time abeve set fenh, as liquidated daffiages for- the delay and additienal wer4E
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 30 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 in the State of
Nonresident bidders in the State of , our principal
place of business, are required to be percent lower than resident bidders
01-MiCIA ROD
B-14 CIT' 6EC;�Et�IY
ff. 10-ON, TEX.
f
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.
• s
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,
By:
Title
Address _ _
Telephone:
(Seal)
Date: O 2X 67
t,,j�"fir "
B-16