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HomeMy WebLinkAboutContract 33581 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.� WHEREAS, One Prairie Meadows, Ltd, hereinafter called "Developer", desires to make certain improvements to The Villages of Woodland Springs West, Phase VI Section 5, 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 General Partner , 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, Section II, of the Policy. 06-02-06 PO4 :45 IN CFA TPW.doc 1 �g� tEi% :y 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 .' ^'iK o') CITY Mbr Hl x, CFA TPW 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, 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 326,625.62 Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $242,758.38 242,758.38 2. Storm Drainage $69,120.10 69,120.10 3. Street Lights $1,872.00 1,872.00 4. Street Name Signs $400.00 400.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 12,475.14 12,475.14 TOTALS 326,625.62 $ - 326,625.62 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 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. CFA TPW.doc 3 4. Street Lights to be installed by Tri-County Electric Co-operative 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, �d� said ve' per has executed this instrument in triplicate,at Fort Worth,Texas this the tiay of 200 ; Approval Recommended: Transportation and Public Works Department NO M&C REQUIRED "w r Robert Goode, P. E. Director ATTEST: City no By: Marc Ott City Secretary Assistant City Manager Approv as to Form: A istant y At orney ATTEST: DEVELOPER i� f UA l By: One Prairie Meadows, Ltd., Corporate Secretary a Texas limited partnership By: Centamtar Terras, L.L.C., A Texas limited liability company, Its General Partner By: Mehrdad Moayedi, N15—ager RECEIVED CFA TPW 4 T. W7J�11 h � i� a Pipe DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID SECTION C - STORM DRAIN SYSTEM 1. 324 L.F. 27" Class III R.C. Pipe, including trench excavation and backfill, complete in place for the sum of Forty Eight Dollars & Zero Cents per Linear Foot $ 48.00 $ 15,552.00 2. 510 L.F. 24" Class III R.C. Pipe, including trench excavation and backfill, complete in place for the sum of Forty Two Dollars & Zero Cents per Linear Foot $ 42.00 $ 21,420.00 3. 57 L.F. 21" Class III R.C. Pipe, including trench excavation and backfill, complete in place for the sum of Thirty Seven Dollars & Zero Cents per Linear Foot $ 37.00 $ 2,109.00 4. 891 L.F. Trench Safety Zero Dollar& Ten Cents per Linear Foot 1 $ 0.10 1 $ 89.10 NAJOB\013842\Spec\013842.010A.doc P-10 a Pipe DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 5. 1 Ea. 5' Square Manhole, complete in place for the sum of Three Thousand One Hundred Dollars & Zero Cents per Each $ 3,100.00 $ 3,100.00 6. 6 Ea. 10' Standard Curb Inlet, complete in place for the sum of Two Thousand Four Hundred Dollars & Zero Cents per Each $ 2,400.00 $ 14,400.00 7. 91 S.Y. Rock Rubble Rip Rap, complete in place for the sum of Fifty Dollar& Zero Cents per Square Yard $ 50.00 $ 4,550.00 8. 2 Ea. 24" Type C Sloping Headwall, complete in place for the sum of One Thousand Five Hundred Dollars & Zero Cents per Each $ 1,500.00 $ 3,000.00 9. 1 Ea. 27" Type B Headwall, complete in place for the sum of One Thousand Two Hundred Dollars & Zero Cents per Each $ 1,200.00 $ 1,200.00 NAJOB%013842%Spec%013842.010A.doc P-11 a Pipe DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 10. 2 EA. Rock Check Dam as Shown on Plans, complete in place for the sum of One Thousand Seven Hundred Dollars & No Cents perLump Sum $ 1,700.00 $ 3,400.00 11. 1 L.S. Storm Water Management, complete in place for the sum of Three Hundred Dollars & Zero Cents per Lump Sum $ 300.00 1 $ 300.00 SECTION C - -- STORM DRAIN SYSTEM: $ 69,120.10 SUMMARY Section A Water System $ 118,755.40 Section B Sanitary Sewer System $ 179.035.85 Section C Storm Drain System $ 69.120.10 Payment, Performance, & Maintenance $. 8,820.00 Total Amount of Bid $ 375.731.35 N:\JOB\013842\Spec\013842.Ot0A.doc P_12 �cw 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 attached bid security in the amount of 5% 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 begin construction within 10 calendar days after issue of the work order by the Owner, and to complete the contract within 45 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. [] Nonresident 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. NAJOB\013842\Spec\013842.010A.doc p_13 Receipt is acknowledged of the following addenda: Addendum No. 1 Respectfully submitted, Four Constru t Inc. ( SEAL ) BY: Jason J. niel If Bidder is Corporation. TITLE: V.P. of Operations ADDRESS: 11200 Old Seagoville Road Balch Springs, TX 75180 NAJOB\013842\Spec\013842.O10A.doc P_14 END � 'ON"TH, NIK. PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: ONE PRAIRIE MEADOWS, LTD. DEVELOPER c/o CARTER & BURGESS, INC. FOR: STREET IMPROVEMENTS FOR THE VILLAGES OF WOODLAND SPRINGS WEST, PHASE VI, SECTION 5 DEPARTMENT OF ENGINEERING No. 4733 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of street improvement and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: 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 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 City Engineering Department 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: SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID STREET IMPROVEMENTS 1. 11,388 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of One Dollar& Seventy Eight Cents per S.Y. $ 1.78 $ 20,270.64 NAJOB10138421Spec1013842.010B.doc SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 2. 170 Tons Lime for Subgrade (30#/S.Y.) complete in place for the sum of Eighty Two Dollars & Twenty Five Cents per Ton $ 82.25 $ 13,982.50 3. 11,030 S.Y. 6" Reinforced Concrete Pavement with 7" Curb, complete in place for the sum of Eighteen Dollars & Fifty Four Cents per S.Y. $ 18.54 $ 204,496.20 4. 1,054 S.F. 4'Wide Reinforced Concrete Sidewalk, complete in place for the sum of Two Dollars & Seventy Six Cents per S.F. $ 2.76 $ 2,909.04 5. 1 L.S.. Storm Drain Management One Thousand One Hundred Dollars & No Cents per L. S. $ 1,100.00 $ 1,100.00 TOTAL STREET IMPROVEMENTS --- $242,758.38 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 Worth Construction Inspection Department. N AJOB\013842\Spec\013842.010B.doc A� 03 ijE�C"l2ELAI 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 V Construction Inspection Department. Summary Total Street Improvements $ 242.758.38 Payment, Performance, & Maintenance Bonds 2.952.00 Total Amount of Contract $245,710.38 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes: All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these Contract Documents within 20 working days from and after the date for commencing work, as set forth in the written Work Order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Streets, Drainage and Utility Construction," as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract, and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of 5% GAB Dollars (Bid Bond) is to become the property of One Prairie Meadows, Ltd. or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth as liquidated damages for delay and additional work caused thereby. N:\JOB\013842\Spec\013842.010B.doc Respectfully submitted, Austin Bridge pan/d Road. T.P By: Oal-"'V I�—"� Steve Vincent, Vice President Title: Austin Bridge & Road, Inc. General Partner Address: -6330 Commerce Drive, Suite 150 Irving, Texas 75063 (S E A L) If Bidder is Corporation Date Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 N:1JOB10138421Spec1013842.010B.doc III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 0, 000 $00, 000. 00 MID-BLOCK RESIDENTIAL 5 EA $ 0, 000 $00, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 01000 $00, 000. 00 MID-BLOCK COLLECTOR 0 EA $ 0, 000 $ --0-- MID-BLOCK ARTERIAL PARKWAY 0 EA $ 0, 000 $ --0- MID-BLOCK ARTERIAL MEDIAN 0 EA $ 01000 $ __0__ RELOCATE EXISTING LIGHT 0 EA $ 0, 000 $ --0-- 0 (200 watt lights) x $7 . 05 (per light) x 24 months = $00, 000 . 00 12 (100 watt lights) x $6.50 (per light) x 24 months = $1,872.00 Total: $1,872.00 The Street Lights will be installed by TRI County Electric Cooperative the developers initial 24- month power charge will be $1 ,872.00 After the initial 24-month power charge the City of Fort Worth, WILL ASSUME THE POWER COST. CFA CODE #2005023 THE VILLAGES OF WOODLAND SPRINGS, PHASE VI - SECTION V February 12, 2005 Fort Worth, Texas February 16, 2005 PAGE I OF EXHIBIT C 2. 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. 3. Streetlights on arterial streets shall be installed with underground conduit and conductors. 4 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities" . 5 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational . 6. A 3-inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points. 7 . The developer shall pay the initial two year power cost to TRI- COUNTY ELECTRIC COOPERATIVE, after the initial two year cost the City of Fort Worth, will assume the power cost. 8 . The developer or their contractor shall contact City' s street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-6596 to insure proper inspection of work. TOTAL DEVELOPER' S COST $1,872.00 THE VILLAGES OF WOODLAND SPRINGS WEST, PHASE VI -SECTION V February 12, 2005 Fort Worth, Texas February 12, 2005 PAGE II OF EXHIBIT C CFA CODE #2005023 "STREET LIGHTS" INTERSECTIONS TIMBERLAND BLVD & GREY TWIG DR 1 TIMBERLAND BLVD & LEAFLET DR 1 BUTTON BRUSH DR & LEAFLET DR 1 MID BLOCK BUTTON BRUISH DR 1 GREY TWIG DR 2 LEAFLET DR 2 CHANGE OF DIRECTIONS BUTTON BRUSH DR 3 LEAFLET DR 1 THE VILLAGES OF WOODLAND SPRINGS, PHASE VI - SECTION V 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: Timberland Blvd & Grey Twig Dr Timberland Blvd & Leaflet Dr Grey Twig Dr& Button Bush Dr Leaflet Dr & Button Bush Dr Villages of Woodland Springs West, Phase VI, Section 5 CFA code: 2005023 February 12, 2005 61TY PzLAI 1Y n c 0 Y C o s 5 0 Z N Q N On, n s oc Z W V 5 ism d W zC', z �T �P LL£i Sk t. y DLLJ a LL- i +^ " n CIS HOV38? 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