HomeMy WebLinkAboutContract 33382 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No3
ff.—a
WHEREAS Sendera Ranch Phase I Development. L.P., hereinafter called
"Developer", desires to make certain improvements to Sendera Ranch Phase I Section
2A, 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, Denton and Wise 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 and subsequently amended, is hereby incorporated into this
Community Facilities Agreement as if copied 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. Developer acknowledges that there shall be no reduction in the amount
of financial security prior to project completion and acceptance by the
City.
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy.
03-30-06 A03 : 10 IN 1 CITY vS�a M�111v,Y
F. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the
Policy.
G. 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.
H. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
I. 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).
J. 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).
K. 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.
L. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to
2
0
construct current and future improvements provided for in this
agreement.
M. 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.
N. 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 $678,188.89.
3 ^ U
SUMMARY OF
COST
Sendera Ranch Phase I Section 2A
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $485,073.40 485,073.40
2. Storm Drainage $111,411.40 111,411.40
3. Street Lights $44,200.00 44,200.00
4. Street Name Signs $1,715.00 1,715.00
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 23,859.39 23,859.39
D. Materials Testing by DOE $ $
2% 11,929.70 11,929.70
TOTALS 678,188.89 $ - 678,188.89
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
2. Developer's column for Item C represents four percent (4%) cost for construction
inspection fees. The City will pay additional inspection fee over 4%.
3. City not preparing plans and specifications.
4. Developer's column for Item D represents two percent (2%) of paving and storm drain
costs for materials testing.
a'v1=1 'E'v6
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
said elo er
has executed this instrument in triplicate, at Fort Worth,Texas this the o
2006.
RECEIVED
Approval Recommended: K
Transportation and Public Works
Department
NO M&C REQUIRED Robert Goode, P. E.
Director
ATTEST: City Of Fo W rth
f BY.
City Secretary City Manager
Approve to Form: /
Assistan ity Atto
ATTEST: DEVELOPER
Sendera Ranch Phase I
Development, L.P.
Pars Investments, Inc.
General Partner
Corporate Secretary Mehrdad Moayedi
President
TPW CFA REVISED FORMAT WITH 4% 5 OFFICIAU END
C:\Documents and Settings\jason.DFWDEVELOPMENT\Local SettingATemporary Internet Files\OLKC7\TPWFt�IQ�.�
REVISED FORMAT WITH 4°/o doc V a u
STREET IMPROVEMENTS
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)
Item Approx. Unit Item Description Unit Price Total Amount
No. quantity Measurement "D"Item description $ $
210 1. 21,610 S.Y. 6"Lime Stabilized Subgrade (Includes
Preparation of Subgrade),
Per Square Yard
One Dollar&
Sixty Nine Cents $1.69 $36,520.90
212 2. 325 TON Lime for Subgrade (30#/S.Y.)`
Per Ton
Ninety Nine Dollars&
No Cents $99.00 $32,175.00
314 3. 18,678 S.Y. 6" Reinforced Concrete Pavement
(Includes Joint Sealer and 7" STD
Attached Concrete Curb),
Per Square Yard
Nineteen Dollars&
Seventy Five Cents $19.75 $368,890.50
4. 101 S.Y. Temporary Asphalt
Per Square Yard
Seventeen Dollars&
Sixty Cents $17.60 $1,777.60
5. 2,214 S.Y. 26' County Road Asphalt—Willow
Springs Road,
Per Square Yard
Seventeen Dollars&
Sixty Cents $17.60 $38,966.40
314 6. 3 Ea. Install Standard End of Road Barricade
per detail SM-12,
Per Each
One Thousand Fifty Dollars&
No Cents $1,050.00 $3,150.00
N:\JOB\011390\spec\01139001.00a.doc B-2
314 7. 665 S.F. Sidewalk
Per Square Foot
Three Dollars&
No Cents $3.00 $1,995.00
314 8. 1 L.S. Storm Water Management
Per Lump Sum**
One Thousand Five Hundred
Ninety Eight Dollars&
No Cents $1,598.00 $ 1,598.00
TOTAL AMOUNT BID STREET IMPROVEMENTS $ 485,073.40
City of Fort Worth requires a minimum of 30#/S.Y. The Paving Contractor will be responsible for a lime series test as directed by the City of Fort W
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
"Construction Entrance/Exit"installation.
N:\JOB\011390\spec\01139001.00a.doc B-3 '� �� ,-:� 1?"vUr'.
PART B -PROPOSAL (Cont.)
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, if required is to become the property of the
Developer.
The undersigned bidder certified that he has obtained 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 thi 30 calendar days after issue of the work order, and
to complete the contract within ten 10 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
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.
N:JOB\011390\spec\01139001.00a.doc B-4
YEb
y, r.
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) �on/G Addendum No. 3 (Initials)
Addendum No. 2 (Initials) Addendum No. 4 (Initials)
Respectfully submitted,
L.H. Lacy Company, Ltd.
By: Lacon, L.L.C.
General Partner
By:<A-/�
Brian K. Cottle
Title: Vice President
Address
1880 Crown Road
Dallas, Texas 75243
Telephone: (214) 217-5234
(Seal)
Date:
This agreement incorporates the
attached L. H. Lacy Company
proposal and special conditions.
N:\JOB\011390\spec\01139001.00a.doc B-5 'lf `rJ •`a 'p-" AGI
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PART B—PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: Senders Ranch Phase I Development, L.P.
PROPOSAL FOR: PROJECT NAME Sendera Ranch Phase 1, Section 2A
WATER PROJECT NO. P163-030163015235
SEWER PROJECT NO. P173-030173013328
D.O.E. NO. 4434
FILE NO.":'-1576
Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of Water, Sanitary Sewer and Storm Drain Facilities and
all necessary appurtenances and incidental work to provide a complete and serviceable project
designated as:
Senders Ranch Phase I. Section 2A
Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents,_including plans, special contract documents, and the General
Contract Documents and General Specifications for Water Department Projects, the General
Contract Documents and General specifications for Transportation and Public works Projects,
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, furnish all labor, equipment and material except
as specified to be furnished by the City, which is necessary to fully complete the work as
provided in the Plans and Contract Documents and subject to the inspection and approval of the
Director of the Department of Engineering 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, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by
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:
NAJOB10113901spec101139001.00b.doc B-1
UNIT IV: 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)
Item Approx. Unit Item Description Unit Price Total
No. Quantity Measure "D"Item reference Amount
ment $ $
1. 158 L.F. 42" Class III R.C. Pipe, Including
Trench Excavation and Backfill,
Per Linear Foot
Ninety Six Dollars &
Fifteen Cents $96.15 $15,191.70
2. 255 L.F. 39" Class III R.C. Pipe, Including
Trench Excavation and Backfill, Per
Linear Foot
_Eighty Six Dollars &
Fifteen Cents $86.15 $21,968.25
3. 44 L.F. 36" Class III R.C. Pipe, Including
Trench Excavation and Backfill,
Per Linear Foot
Forty Eight Dollars &
No Cents $48.00 $2,112.00
4. 287 L.F. 30" Class III R.C. Pipe, Including
Trench Excavation and Backfill,
Per Linear Foot
Fifty Three Dollars &
Fifteen Cents $53.15 $15,254.05
5. 29 L.F. 27" Class III R.C. Pipe, Including
Trench Excavation and Backfill,
Per Linear Foot
Forty Six Dollars &
Fifteen Cents $46.15 $1,338.35
N:\JOB\01139Mspec\01139001.00b.doc B-10
6. 67 L.F. 24" Class III R.C. Pipe, Including
Trench Excavation and Backfill,
Per Linear Foot
Forty One Dollars &
Fifteen Cents $41.15 $2,757.05
7. 840 L.F. Trench Safety (Storm Drain)
Per Linear Foot
No Dollars &
Twenty Five Cents $0.25 $210.00
8. 6 EA. STD 15' Curb Inlet
Per Each
Two Thousand
Nine Hundred Dollars &
No Cents $2,900.00 $17,400.00
9. 1 EA. 5" Square Manhole
Per Each
Three Thousand
Six Hundred Dollars &
No Cents $3,600.00 $3,600.00
10. 1 EA. 4" Square Manhole
Per Each
Two Thousand
Seven Hundred Dollars &
No Cents $2,700.00 $2,700.00
11. 1 EA. Type B Headwall for 39" R.C.P.
(includes Grade to Drain Excavation),
Per Linear Foot
One Thousand Nine Hundred
Twenty Five Dollars &
No Cents $1,925.00 $1,925.00
N:1JOB\011390\spec\01139001.00b.doc B-11
12. 1 EA. Type B Headwall for 42" R.C.P.
(includes Grade to Drain Excavation),
Per Each
One Thousand Eight Hundred
Fifty Dollars &
No Cents $1,850.00 $1,850.00
13. 1,870 L.F. Channel Excavation
Per Linear Foot
Seven Dollars &
No Cents $7.00 $13,090.00
14. 50 S.Y. Rock Rubble Rip Rap (18% 24"),
Per Square Yard
Fifty Dollars &
No Cents $50.00 $2,500.00
15. 20 S.Y. Rock Rubble Rip Rap (12% 18"),
Per Square Yard
Forty Five Dollars &
No Cents $45.00 $900.00
16. 1,870 L.F. 8' Roadside Channel (4:1 Sides)
Per Linear Foot
Four Dollars &
Fifty Cents $4.50 $8,415.00
17. 1 L.S. Storm Water Management
Per Lump Sum
Two Hundred Dollars &
No Cents $200.00 $200.00
TOTAL AMOUNT BID STORM DRAIN $ 111,411.40
N:UOB\011390\spec\01139001.00b.doc B-12
See Item D-43 of the Special Conditions
TOTAL AMOUNT BID WATER $ 167,885.00
TOTAL AMOUNT BID SEWER $ 185,297.60
TOTAL AMOUNT BID OFFSITE SEWER $ 98,806.60
TOTAL AMOUNT BID STORM DRAIN $ 111,411.40
PAYMENT, PERFORMANCE &MAINTENANCE BOND $ 11,612.45
GRAND TOTAL AMOUNT BID $ 575,013.05
N:UOB10113901spec101139001.00b.doc B-13
PART B -PROPOSAL (Cont.)
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, if required is to become
the property of the Developer.
The undersigned bidder certified that he has obtained 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 ten 10 calendar days after issue of the work
order, 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 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.
N:JOB\011390\spec\01139001.00b.doc B-14
.02/06/2006 16:26 FAX 9722859178 s =�` 9a � 19002/002
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,
Four D CqustrilctiX Inc
By:
Jn J. ria e ,
Title: t►e Vice president
Address:
I 124Q Seagoville Road
Balch Springs, TX 75181
Telephonc:(214)363-5440
(Seal)
Date: July 13,2005
11Server�orojeetsUO06\Awarded\Contract Pending\Sendera Ranch- Phase 1-2A and 1-28 (Fort Worth#04-
265)\Proposal for Contract-doc B-16
FEB-06-2006 17:22 9722969178 96% P.002
I . STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 6 EA $ 2, 600 $15, 600 . 00
MID-BLOCK RESIDENTIAL 9 EA $ 2, 600 $23, 400 . 00
CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 600 $5, 200 . 00
MID-BLOCK COLLECTOR 0 EA $ 2, 600 $00, 000. 00
MID-BLOCK ARTERIAL 0 EA $ 3, 000 $00, 000 . 00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3, 000 $00, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 650 $00, 000 . 00
Subtotal $44, 200. 00
City' s Cost $00, 000 . 00
Developer' s Subtotal $44, 200. 00
4% Inspection fee $00,000. 00
Project Total $44, 200 . 00
Adjacent Developer' s Cost $00 . 000 .00
Developer' s Cost $44,200.00
CFA CODE #2006017
DEVELOPERS COST: $44,200.00
SENDERA RANCH, PHASE I - SECTION IIA
February 20, 2006
Fort Worth, Texas February 20, 2006
PAGE I OF EXHIBIT "C"
II STREET LIGHTS WORK DESCRIPTION:
1 . The Developer shall provide for the installation of street lights 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 of Fort Worth will install all the street lights that use overhead
or underground conductors on residential, and collector streets. The
developer agrees to pay the City of Fort Worth the amount shown below prior
to the City starting its design efforts, at the option of the developer and
at their expense they may purchase the poles, fixtures, and mast arms from
the City in order to assure compliance with city material standards
4 . Street lights on arterial streets shall be installed with underground
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
operations of the street light system
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
February 20, 2006
DEVELOPERS COST: $44,200.00
SENDERA RANCH, PHASE I — SECTION IIA
CFA CODE #2006017
PAGE Il OF EXHIBIT "C"
111
"STREET LIGHTS"
INTERSECTIONS
WILLOW SPRINGS RD & FENCE POST DR 1
DESERT HILLS DR & DIAMONDBACK IN 1
DESERT HILLS DR & ALAMO BELL WAY 1
ALAMO BELL WAY & FENCE POST DR 1
DIAMONDBACK IN & ALTERNIA DR 1
GRAND VALLEY DR & ALTERNIA DR 1
MID BLOCK
ALAMO BELL WAY 2
DESERT HILLS DR 3
ALTERNIA DR 3
DIAMONDBACK IN 1
CHANGE OF DIRECTIONS
ALTERNIA DR 2
SENDERA RANCH, PHASE I - SECTION IIA
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 $245.00 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 seven (7) intersections at a
cost to the Developer of$1,715.00:
Willow Springs Rd & Fence Post Dr
Alamo Bell Way & Fence Post Dr
Alamo Bell Way & Desert Hills Dr
Alamo Bell Way & Alterna Dr
Grand Valley Dr & Alterna Dr
Diamondback Lane & Alterna Dr
Diamondback Lane & Desert Hills Dr
Sendera Ranch, Phase 1, Section 2A
CFA code: 2006017 February 16, 2006
CITY
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