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HomeMy WebLinkAboutContract 33260 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary_ COUNTY OF TARRANT § Contract No. &30uo WHEREAS, One S.R., L.P. a Texas Limited Partnership by Centamtar Terras, L.L.C., its General Partner, hereinafter called "Developer", desires to make certain improvements to Sendera Ranch Phase III, Section 2B, 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 Mehrdad Moayedi, its duly authorized Manager, 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 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, SectionFC,,1rfW,j W��� 2499398jC:\winnt\temp\notes2CBB50\-2499398.doc 6fj. 161I1� 1b�• 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. 2499398 2 C:\winnt\temp\notes2CBB50\-2499398.doe Water(A)None; Sewer(A-1)None; Paving(B) attached; Storm Drain (B- 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 $530,934.38. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $360,413.00 $ - $360,413.00 2. Storm Drainage $122,023.90 $ - $122,023.90 3. Street Lights $28,600.00 $ - $28,600.00 4. Street Name Signs $600.00 $ - $600.00 B. Engineering Design $ - $ - $ C. Construction Engineering and Management by DOE 4% $19,297.48 $19,297.48 1 TOTALS $530,934.38 $ $530,934.38 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. MOD —2499398 C:\winnt\temp\notes2CBB50\-2499398.doc temp\notes2CBB50\-2499398.doc 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, ansaid D v oper has executed this instrument in triplicate, at Fort Worth, Texas this theo� day of , 204 R'C E I V E D Approval Recommended: Transportation and Public Works Department NO M&C UQUIRE �� Robert Goode, P. E. Director ATTEST: City Of Fo Worth B - y '( CU4 -� ��� rle R. ell City Secretary City Manager Approv to Fo Assist Cit Attorney ATTEST: DEVELOPER By: One S.R., L.P. A Texas Limited Partnership Centamtar Terras, L.L.C. A Texas Limited Liability Company General Partner By: Corporate Secretary Mehrdad Moayedi Manager DFACIAL ROD 2499398 4 Ciff ��� GRY C:\winnt\temp\notes2CBB50\-2499398.doc F . ORTH, TEX. PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: ONE SR, L.P. DEVELOPER c/o Carter& Burgess, Inc. PROPOSAL FOR: STREET IMPROVEMENTS FOR SENDERA RANCH, PHASE III SECTION 2B D.O.E. NO. 4978 FILE NO. W-1706 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation'of street improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: SENDERA RANCH PHASE III SECTION 2B 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: Part-B Proposal R,.,�, N:U0810140581specs\01405881.doc B-1 �� W"ORY9, fix, UNIT 1: PAVING 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 No. quantity Measure "D" Item Description Amount ment $ $ 1. 15,437 S.Y. 6" Lime Stabilized Subgrade: Per Square Yard: One Dollars & Sixty Five Cents $1.65 $25,471.05 2. 14,945 S.Y. 6" RC (3000 PSI) Pavement with 7" Curb: Per Square Yard: Twenty Dollars & Forty One Cents $20.41 $305,027.45 3. 232 Ton Hydrated Lime (30#/SY): Per Ton: Eighty Five Dollars & No Cents $85.00 $19,720.00 4. 3 Ea. STD. End of Road Barricade Per Each: One Thousand Four Hundred Fifty Dollars & No Cents $1,450.00 $4,350.00 5. 2 Ea. Remove Existing Barricade Per Each: One Hundred Forty Five Dollars & No Cents $145.00 $290.00 6. 887 S.F. STD. 4' Sidewalk Per Square Foot: Three Dollars & Fifty Cents $3.50 $3,104.50 N:WOB\014058\specs\014058B1.doc B-2 WH'�1CUAI My MIIIJMRY 7. 1 L.S. Storm Water Management: Per Lump Sum: One Thousand Dollars & No Cents $1,000.00 $1,000.00 8. 87 L.F. Street Header: Per Linear Foot: Ten Dollars & No Cents $10.00 $870.00 9. 58 L.F. Connection to Existing Paving: Per Linear Foot: Ten Dollars & No Cents $10.00 $580.00 UNIT V: PAVING BONDS 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 description $ Amount ment $ 1. 1 L.S. Payment, Performance & Maintenance Bond: Per Lump Sum: Six Thousand One Hundred Thirty Dollars & No Cents $6,130.00 $6,130.00 GRAND TOTAL AMOUNT BID $ 366.543.00 N:\JOB\014058\specs\014058B1.doc B-3 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 Thirty 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 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:UOB\014058\specs\014058B1.doc B-4 C1TY SEAll 1. W` VHS T�4K. RECEIV '! (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, Mario in 2bla & o Excavating, Inc. thaelol Vice President Address 10950 Research Road Frisco, TX 75034 Telephone: 214-387-3900 (Seal) Date: January 5, 2006 N:UOB\014058\specs\014058B1.doc B-5 UNIT III: STORM DRAIN SYSTEM (Furnish and install, including all appurtenant work, complete in place, the following items) Item Approx Unit Item Description Unit Price Total No. Quantity Measurement "D" Item reference $ Amount $ 1. 409 L.F. 42" R.C. Pipe: Per Linear Foot: Ninety Nine Dollars & Thirty Cents $99.30 $40,613.70 2. 12 L.F. 36" R.C. Pipe: Per Linear Foot: Seventy Five Dollars & Fifty Cents $75.50 $906.00 3. 289 L.F. 30" R.C. Pipe: Per Linear Foot: Fifty Eight Dollars & No Cents $58.00 $16,762.00 4. 195 L.F. 27" R.C. Pipe: Per Linear Foot: Forty Nine Dollars & Twenty Cents $49.20 $9,594.00 5. 173 L.F. 24" R.C. Pipe: Per Linear Foot: Forty Three Dollars & No Cents $43.00 $7,439.00 6. 131 L.F. 21" R.C. Pipe: Per Linear Foot: Thirty Eight Dollars & Forty Five Cents $38.45 $5,036.95 ciff N:UOB\014058\specs\014058B2.doc B-7 7. 1,209 L.F. Trench Safety: Per Each: No Dollars & Twenty Five Cents $0.25 $302.25 8. 10 EA. STD. 10' Curb Inlet: Per Each: Two Thousand Five Hundred Thirty Dollars & No Cents $2,530.00 $25,300.00 9. 1 EA. 4' Square Manhole: Per Each: Two Thousand Eight Hundred Dollars & No Cents $2,800.00 $2,800.00 10. 1 EA. 5' Square Manhole: Per Each: Three Thousand Three Hundred Dollars & No Cents $3,300-00 $3,300.00 11. 1 EA. 42" RCP Type B Headwall: Per Each: One Thousand Eight Hundred Thirty Five Dollars & No Cents $1,835.00 $1,835.00 12. 1 EA. 27" RCP Type C Headwall: Per Each: One Thousand Three Hundred Forty Five Dollars & No Cents $1,345.00 $1,345.00 13. 48 S.Y. Rock Rubble Rip Rap, (12" - 18" Dia.): Per Square Yard Forty Five Dollars & No Cents $45.00 $2,160.00 �EC"0.D MC21 , NAJOB\014058\specs\014058B2.doc B-8 � s#ON'1191 � ��, 14. 22 S.Y. Rock Rubble Rip Rap, (18" Min. Dia.): Per Square Yard Fifty Dollars & No Cents $50.00 $1,100.00 15. 308 L.F. Grade to Drain: Per Linear Foot Ten Dollars & No Cents $10.00 $3,080.00 16. 1 EA. Remove 36" Plug & Connect to EX. 36': Per Each Two Hundred Dollars & No Cents $200.00 $200.00 17. 1 L.S. Storm Water Management: Per Lump Sum: Two Hundred Fifty Dollars & No Cents $250.00 $250.00 TOTAL AMOUNT BID STORM DRAIN $ 122,023.90 N:UOB\014058\specs\014058B2.doc B-9 UNIT IV: BONDS (Furnish and install, including all appurtenant work, complete in place, the following items) Item Approx Unit Item Description Unit Total No. Quantity Measurement "D" Item reference Price $ Amount $ 1. 409 L.S. Payment, Performance, Maintenance Bond: Per Lump Sum: Sixteen Thousand Nine Hundred Ninety five Dollars & No Cents $16,995.00 $16,995.00 Summary TOTAL AMOUNT BID WATER $ 189,177.95 TOTAL AMOUNT BID SEWER $412.504.30 TOTAL AMOUNT BID STORM DRAIN $ 122,023.90 TOTAL AMOUNT BID BONDS $ 16,995.00 GRAND TOTAL AMOUNT BID $ 740,701.15 N:\JOB\014058\specs\014058B2.doc B-10 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 Thirty 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 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. 9 VCa ETAA EY N:\JOB\014058\specs\014058B2.doc B-11 FT, RUN, TEK, RECEIVED 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 Coastruction. Inc. By: Ja on J.ID' els Ttee: V resident of Operations Address: 11200 Old Seagoville Rd. Balch Springs, TX 75180 Telephone: 972-286-0094 (Seal) Date: December 13, 2005 i r,a�jn n N:UOB\014058\specs\014058B2.doc B-12 ��� W.'1M, YEN. I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 5 EA $ 2, 000 $10, 000. 00 MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4, 000. 00 CHANGE OF DIRECTION RESIDENTIAL 6 EA $ 2, 000 $12, 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 $26,000.00 City' s Cost $00,000.00 Developer' s Subtotal $26,000.00 10% Contingency $2,600.00 Project Total $28,600.00 Adjacent Developer' s Cost $00,000.00 Developer' s Cost $28,600.00 2% Inspection Fee $00,000.00 CFA CODE #2005120 DEVELOPER' S COST: $28,600.00 SENDERA RANCH, PHASE III - SECTION-II-B Fort Worth, Texas September 12, 2005 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 its 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: $28, 600.00 SENDERA RANCH, PHASE III- SECTION II-B March 14, 2005 FORT WORTH, TEXAS CFA CODE #2005120 Page II of Exhibit C III "STREETLIGHTS" INTERSCETIONS SNAFFLE BIT TRL & KACHINA IN 1 SNAFFLE BIT TRL & POLO RANCH ST 2 ROPING REINS WY & KACHINA IN 1 ARTESIA COURT & KACHINA IN 1 MID BLOCK ROPING REINS WY 1 POLO RANCH ST 1 CHANGE OF DIRECTIONS ROPING REINS WY 1 SNAFFLE BIT TRL 2 POLO RANCH ST 2 ARTESIA DR 1 SENDERA RANCH, PHASE III - SECTION II-B 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 six (6) intersections at a cost to the Developer of$600.00: Kachina Lane & Artesia Ct Kachina Lane & Roping Reins Way Kachina Lane & Snaffle Bit Tr Kachina Lane & Artesia Dr Snaffle Bit Tr & Polo Ranch St (N) Snaffle Bit Tr & Polo Ranch St (S) Sendera Ranch, Phase III, Section 2B CFA code: 2005120 September 10, 2005 F H o n o w o a L — a U O Z 00 N N O N Y i= (D L a s � o m z L V 1a �m 1 Z i d T •fig � s MS£HI a� P'V9 � a MSFHI 99I q h� Md '1 LL IVC WN3 a �r J $ bd s y 403s ~-ON AVa N 3snOH '04 3Nn A1Nnoo 13 SVH x y OOH 9SI Wj U C) z � H C-)UJ I W Q w' I C ^ hF�Y'1 fTl -��_ 0 0 ZO 6• W 01 ^fir o-F�+ ■ � a ■ �'r �' J`' Q w H � v3 saNiads l za > ygl N• a m� a BVS 'ON NoysV S3 ve PP 1 r 0 U m In O InU m O f O O P II Z O cv y o y o 0 N 11 U O Sf o l! 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