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Contract 34213
COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No-342 `�-a WHEREAS, Standard Pacific of Texas, L.P., hereinafter called "Developer", desires to make certain improvements to Heritage Addition, 3D-C, Section 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: That said Developer, acting herein by and through Michaael Brady, its duly authorized pr'C-'si L 84 , 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. CFA HERITAGE 3D-C SEC 2 CFA 2003086 1 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 iniuries, death or damages are caused, in whole or in Part. by the alleged nee-lik-ence of the City of Fort Worth, its officers, servants, or emplovees. 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: CFA HERITAGE 3D-C SEC 2 CFA 2003086 2 Water (A) None; Sewer (A-1) None; Paving (B) attached, Storm Drain (B- 1) attached, Street Lights and Signs (C) attached. 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, 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 $241,331.75. Item A. Construction 1. Streets 2. Storm Drainage 3. Street Lights 4. Street Name Signs B. Engineering Design C. Construction Engineering and Management by DOE (2%) TOTALS Developer Cost $205,881.75 $30,718.00 $0.00 $0.00 $ 4,732.00 241,331.75 City Cost 19, 500.00 500.00 20,000.00 Total Cost $ $ 205,881.75 $ 30,718.00 19, 500.00 500.00 $ $ 4,732.00 $ 261,331.75 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 two percent (2%) cost for construction inspection fees and materials testing less 10% for contingency cost. (*) represents City participation for construction fees based on actual cost. 3. City not preparing plans and specifications. CFA HERITAGE 3D-C SEC 2 CFA 2003086 3 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 Deve op r has executed this instrument in triplicate, at Fort Worth, Texas this theay of 2001 Approval Recommended: ATTEST: C�N J-�- - Mocr+b� fl ndr,'x City Secretary Approv to Fo 7z L45�7�'/ Attorney ATTEST: Corporate Secretary Transportation and Public Works Department Robert Goode, P. E. Director City Of Fortorth n Y B &dd/ L _-- Assistant City Manager DEVELOPER P. Standard Pacific o � TeV -, C. bt,, * ��� t pa rer`, 54andarul L 0-� T60i% GP, By: 41A"'e' Michael Brady Title: pr'CSt�ehf' CFA HERITAGE 3D-C SEC 2 CFA 2003086 4 �cna0,nQ N-sorv-)-,4c, PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: STANDARD PACIFIC OF TEXAS, L.P. Fort Worth, Texas DEVELOPER August 2003 c/o CARTER & BURGESS, INC. FOR: STREET IMPROVEMENTS FOR HERITAGE ADDITION PHASE 3D-C SECTION 2 D.O.E. NO. 4147 Pursuant to the foregoing "Notice to Bidders," the undersigned bidder having thoroughly examined the Contract Documents, Plans, Special Provisions, Standard Special Provisions, 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 as provided in the Plans and Contract Documents subject to inspection and approval by the Director of Public Works 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 and Payment Bond, and such other bonds 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 ITEM ITEM QUANTITY STREET IMPROVEMENTS 210 1 9,600 S.Y. DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of One Dollar & Fifty-five Cents per Square Yard 212 2 144 TON Lime for Subgrade (30#/S.Y.)* complete in place for the sum of Ninetv-two No NAJ0131011955\spec101195501.00E.doc P-1 Dollars & Cents per Ton UNIT AMOUNT PRICE BID $1.55 $14,880.00 $92.00 $13,248.00 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 314 3 9,295 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb), complete in place for the sum of Eiqhteen Dollars & Twenty-fi-five Cents per Square Yard $18.25 $169,633.75 506 4 56 L.F. End -of -Road Barricades per Standard S-M5 and S-M12, complete in place for the sum of Ten Dollars & No Cents per Linear Foot $ i 0.00 $560.00 5 56 L.F. Standard Concrete Street Header Concrete in place for the sum of Five Dollars & No Cents per Linear Foot $5.00 $280.00 6 22 S.Y. Rock Rubble Rip Rap, complete in place for the sum of Fiftv-five Dollars & No Cents per Square Yard $55.00 $1,210.00 7 87 L.F. Connect to existing pavement Ten Dollars & No Cents per Linear Foot NAJOB1011955�spec101195501.00E.doc P-2 $10.00 $870.00 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 10 1 L.S. Storm Water Pollution Prevention Maintenance One Thousand Five Hundred Dollars & No Cents per Lump Sum $1,500.00 $1,500.00 11 1 L.S. Construction Material Testing per City of Fort Worth requirements Two Thousand Dollars & No Cents per Lump Sum $2,000.00 $2,000.00 12 14 EA. Manhole Adjustments Fiftv Dollars & No _ _ Cents per Each $50.00 $700.00 13 1 L.S. Bonds One Thousand Dollars & No Cents per Lump Sum $1,000.00 $1,000.00 TOTAL STREET IMPROVEMENTS --- $205,881.75 1 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. Owner shall be responsible for installation of all silt barriers, sediment traps, check dams, and seeding. The Earthwork contractor shall be responsible for the "Construction Entrance/Exit' installation. NAJOB\011955�spec\01195501.00E.doc P-3 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 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 25 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. ` epGS;t GheGk in the s6i , Texas, y.xithip thin time set fGFth as liquidated damages fbF delay and additiGRal weFk Gaused theFeby. Respectfully submitted, Conatser Construction, Inc. Title: Address: P.O. Box 15804 Fort Worth, Texas 76119 (817) 534-1743 (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 NAjob\01 1955\spec\01 195501.00E.doc P-4 L./ SPEC PAYA OF ITEMS WITH ID DEPR AMSCRPTON URICTE B ITEM I ITEM I QUANTPPROXIM YTE CIESIWRITTEN IN WORDS I I DDNT I SECTION C - STORM DRAIN SYSTEM 440 1. 65 L.F. 42" Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in place for the sum of Ei4hty-five Dollars & I1 No� Cents per Linear Foot $85.00 $5,525.00 440 2. 227 L.F. ,'Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in place for the sum of Fortv-eight Dollars & No Cents per Linear Foot $48.00 $10,896.00 3. 55 L.F. 24" Class III R.C. Pipe, Including Trench Excavation and Backfill, I Complete in place for the sum of Forty Dollars & I No Cents per Linear Foot $40.00 $2,200.00 444 4. 2 Ea. 10' Standard Curb Inlet, complete in place for the sum of One Thousand Nine Hundred Dollars & No Cents per Each $1,900.00 $3,800.00 RECEIVED OCT 0 6 2003 01195501.00D.doc P-9 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 444 5. 1 Ea. Standard 4' Square Manhole, complete in place for the sum of One Thousand Six Hundred Dollars & No Cents per Each $1,600.00 $1,600.00 410 6. 1 Ea. Type B Headwall for 42" R.C.P. (includes Grade to Drain Excavation), Complete in place for the sum of Two Thousand Five Hundred Dollars & No Cents per Each $2,500.00 $2,500.00 410 7. 1 Ea. Type B Headwall for 30" R.C.P. (includes Grade to Drain Excavation), Complete in place for the sum of One Thousand Five Hundred Dollars & No Cents per Each $1,500.00 $1,500.00 S.P. 8. 37 S.Y. Rock Rubble Rip Rap Five Hundred Dollars & No Cents per Square Yard $50.00 $1,850.00 525 9. 347 L.F. Trench Safety One Dollar & No Cents per Linear Foot $1.00 $347.00 01195501.00D.doc P-10 SPEC PAY APPROXIMATE I DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID S.P. 10. 1 L.S. Storm Water Pollution Prevention Maintenance Five Hundred Dollars & No Cents per Lump Sum SECTION C - - - STORM DRAIN SYSTEM 01195501.00D.doc P-11 $500.00 $500.00 $30,718.00 PART B - PROPOSAL (cont.) .. _WIN M.1-- - - - 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 25 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. [ ] B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 01195501.00D.doc P-14 Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 (SEAL) If Bidder is Corporation. Respectfully submitted, Conatser Construction, Inc BY: Jerry Conatser TITLE: President ADDRESS: P. O. Box 15804 Fort Worth, Texas 76119 01195501.00D.doc P-15 III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 4 EA $ 2,000 $8,000.00 MID -BLOCK RESIDENTIAL 7 EA $ 2,000 $14,000.00 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 26,000.00 City's Cost $19,500.00 Developer's Subtotal $0,000.00 10% Contingencies $0,000.00 Project Total $26,000.00 Adjacent Developer's Cost $0,000.00 Developer's Cost $0,000.00 2% Inspection Fee $0,000.00 Developer's Responsibility See PG III-1, "Line 7" COMPLETED ON 11/08/2004 W/O #040817 HERITAGE ADDITIO, PHASE3D-C, SECTION II July 17, 2003 Fort Worth, Texas August 8, 2006 PAGE 1 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 of Transportation and Public Works. 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. Street light conduit and footings shall be installed by the developer's contractor as part of and at the time of street construction. The city will obtain electric service and complete the street light construction in accordance with approved plans. 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) 871-8100 to insure proper inspection of work. 9.The procedure for installing conduit and footings will be with the inspector on the job site or you can request a copy by calling 817- 871-6596. HERITAGE ADDITION PHASE 3D-C, SECTION II July 17, 2003 Page 2 of Exhibit C "STREET LIGHTS" INTERSECTIONS TRACE RIDGE PRWY & CRANDALL DR 1 VAN ZANDT DR & CRANDALL DR 1 VAN ZANDT DR & WIGGINS DR 1 CRANDALL DR & AIDAN CT 1 MID - BLOCK VAN ZANDT DR 1 CRANDALL DR 1 AIDAN CT 3 NIBS CT 2 CHANGE OF DIRECTIONS AIDAN CT 1 NIBS CT 1 HERITAGE ADDITION PHASE 3D-C, SECTION II Page 3 of Exhibit C IV STREET NAME SIGNS 1. The City 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. 2. The City 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 five (5) intersections at a cost to the City of $500.00: Van Zandt Drive and Wiggins Drive Van Zandt Drive and Crandall Drive Crandall Drive and Trace Ridge Parkway Crandall Drive and Aidan Court Niles Court and Van Zandt Drive Heritage Addition Phase 3D-C, Section 2 Fort Worth, Texas Date: July 2, 2003 IV-1 DGN-go\lob\ 011955\civ\ 9551cfa.dgn LOCATION MAP HERITAGE ADDITION PHASE 3D-C,SEC71ON 2 LA MY Lim In J. R. - --- ---------- ---------- 11 U"N NOT TO SCALE Carter Burgess CARTER & BURGESS, (NC. 777 fAMN STREET FORE WORTH, rX 76102 'A (817) 735-6000 PROJECT NO. 011955. 010. 1, 0001 PACE 1 OF 7 / 50 f 99 •• • I ' � • J. f 47 f c�46 JJ 45 44 43 z/ 47 72 4/ 20 ■ 40 9/1 I i •� f 'd I� LEGEND PROP. 29' B/B K1111AROADWAY/50' ROW PROP. 4' S I DEWALK LIMITS OF PROJECT --- -- -• -- o �� P 00000.0,0 SCALES t" = 200' ry'ar STREETS EXHIBIT 'B' HERITAGE ADDITION PHASE 3D-C, SECTION 2 Carter Burgess CARTER & BURGESS, INC. 777 MM4 STREET FORT WORTH,TX 76102 (817) 735-6000 PROJECT NO. 011955.010.1.0001 DGN=q•\)ob\ 011955\cIv\ 9551cfa.dgn PAGE 4 OF T / L / 50 / 49 / 49 34 / 47 / �6 JJ 45 I 44 I \ 43 I 71 I 47 22 I 41 40 / 20 I ( 19 LEGEND PROP. STORM DRAIN LINE r PROP. INLET PROP. MANHOLE ----t PROP. HEADWALL C EXIST. STORM DRAIN LINE LIMITS OF PROJECT I 0 4 0 - - - VAN ZANDT DRIVE SCALES 1" = 200' 7j 43 44 - OV 35 45 60 � r 79 77 26 29 25 46 59 58 30 ` \ 24 47 lO 57 49 56 O 23 G 49 55 50 54/ 2/ SI /?0 57 \ 09 53 / I8 / 17 3 2 0000,000 P� / GQ 419 STORM D RAI N EXHIBIT 'B-1' HERITAGE ADDITION PHASE 3D-C, SECTION 2 Carter . Burgess CARTER & BURGESS, INC. 777 MAIN STREET FORT WORTH, IX 76102 1017) 735-6000 PROJECT NO. 011955.010.1.0001 PAGE 5 OF 7 a i� o SCALEa l" = 200' / VAN ZANDT DRIVE ,J T 62so ` J9 Ie IS 60 -7r • Ze n 29 5© / / 59 17 29 23 16 \ a6 30 • 24 47 97 JJ Jz ,S ZJ Ie (1O • s6 19 , ,9 ss s, 9 • JI / 72 I /. to 90 /l 71 it 9/ ,J ' P/ • 7 • 12 / I s2 /9 \ ,2 22 6 \ 23 Q IJ SJ / S fe I 10 zs + 14 /7 , /9 Q \ • / / J 1S • / I � 26 �31 2 /6 000 \ STREET LIGHTS (I LEGEND EXHIBIT 'C' PROP. SINGLE STREET LIGHT • HERITAGE AD MON EXIST. SINGLE STREET LIGHT PHASE 3D-C, SECTION 2 (ON STEEL POLE WITH STREET AND STOP SIGNS ATTACHED) PROP. STREET SIGN Carter Burgess EXIST. STREET SIGN Q GARTER & BURGESS, INC. m MAN STREET LIMITS OF PROJECT --- FV WOM, TX 76102 PROJECT NO. 011955.010. 1.0001 DGN-ag\]oD\ 011955\civ\ 9551cia.d0n PAGE 6 OF 7