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HomeMy WebLinkAboutContract 34485 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.�4LK WHEREAS, One S.R., L.P., hereinafter called "Developer", desires to make certain improvements to Sendera Ranch Phase II, Section IC, 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 1I, 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. 6FFICIAL rk C0i,D CCIyY '�0RETIA G,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 alle'aed nezlizence 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 n �, 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, B1, 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 $130,813.90. 3 �9Ttii7 Uo SUMMARY OF COST Sendera Ranch Phase II Section 1 C Item Developer City Cost Total Cost Cost A. Construction 1. Streets $107,568.56 $107,568.56 2. Storm Drainage $12,252.50 $12,252.50 3. Street Lights $6,600.00 $6,600.00 4. Street Name Signs $200.00 $200.00 B. Engineering Design C. Construction Engineering and Management by DOE 4% $4,792.84 $4,792.84 D. Materials Testing by DOE (2%) $ --- $--- TOTALS $130,813.90 $ - $130,813.90 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. 5. Escrow amount for Developer's portion of Avondale-Haslet Road is $24,300.00. fl,� LA HMO TY MCI 4 -RHA f . IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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 evelo er has executed this instrument in triplicate, at Fort Worth,Texas this the day of ,2006. RECEIVED 2006 Approval Recommended: Transportation and Public Works Department Z�- Robert Goode,P. E. Director f Fort NO M&C �IRED Marc Ott Assistant City Manager ATTEST- MHe i( City Secretary DEVELOPER Approve to Form: One S.R., L.P. A Texas Limited Partnership Centamtar Terras L.L.C. As istan it Attorn A Texas Limited Liability Company General Partner AT ST: By:� �/� Corporate ecretary Mehrdad Moayedi, Manager R���l VES OCfi 3 � 2606 PROPOSAL I (This Proposal must not be removed from this book of Contract Documents) TO: ONE SR, L.P. Fort Worth, Texas DEVELOPER JANUARY 2004 c/o CARTER & BURGESS, INC. FOR: STREET IMPROVEMENTS FOR SENDERA RANCH, PHASE II, SECTION 1C D.O.E. NO. 4258 f 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: N:1JOB10131271spec101312701.00a.doc P-1 FFSPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID STREET IMPROVEMENTS j 210 1. 5,330 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of One Dollar& Forty Cents per Square Yard $1.40 $ 7,462.00 212 2. 80 TON Lime for Subgrade (30#/S.Y.)* complete in place for the sum of Seventy Dollars & No Cents per Ton $70.00 $ 5,600.00 314 3. 3,363 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb), complete in place for the sum of Seventeen Dollars & Ninety_ Cents per Square Yard $ 17.90 $ 60,197.70 314 4. 1,513 S.Y. 6" H.M.A.C. Street Pavement, complete in place for the sum of Eighteen Dollars & Twenty Three Cents per Square Yard 1 $18.23 1 $ 27,581.99 N:\JOB\013127\spec\01312701.00a.doc P-2 � � �� HCOP Ciff MCPHAIY FT, o"-Dn, Va. SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 312 5. 369 S.Y. Temporary 6" R.C. Street Pavement with 7" Curb, complete in place for the sum of Eighteen Dollars & Twenty Three Cents per Square Yard $18.23 $ 6,726.87 TOTAL STREET IMPROVEMENTS --- $107,568.56 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. N:\JOB\013127\spec\01312701.00a.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 20working 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 amount of five percent (5%) (Bid Bond) is to become the property of the Developer, 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. Respectfully submitted, CJ ►Ta Ct7ac-TZETE By: Title: Address: 3 340 TZc� L� b 2� C�� l7 �r�+rU,ca 'TX-�soso (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:\JOB\013127\spec\01312701.00a.doc P-4 IC',1� �� ��X "Ari% G� !1 �� Ep PART B - PROPOSAL U (This Proposal must not be removed from this book of Contract Documents) TO: ONE SR, L.P. Fort Worth, Texas DEVELOPER JANUARY 2004 c/o CARTER & BURGESS, INC. FOR: WATER, SANITARY SEWER AND STORM DRAIN FACILITIES FOR SENDERA RANCH PHASE II, SECTION 1C WATER PROJECT NO. P163-060163015158 SEWER PROJECT NO. P173-070173013157 D.O.E. NO. 4258 FILE NO. W-1358 Includes the furnishing of all materials (except as specified to be furnished by the City), equipment and labor for the installation of a water distribution system, a sanitary sewer system, a storm drain system, all necessary appurtenances and incidental work to provide a complete and serviceable project. Pursuant to the foregoing "Notice to Bidders," 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 inspection and approval of the Director of the City Water 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: (Furnish and install, including all appurtenant work, complete in place, the following items): i W N:1JOB10131271spec101312701 kOb.doc P-1 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT (, ITEM ITEM QUANTITY WORDS PRICE BID SECTION C - STORM DRAIN SYSTEM 440 1. 167 L.F. 24" Class III R.C. Pipe, Including i Trench Excavation and Backfill, complete in place for the sum of Thirty-Nine Dollars & No Cents per Linear Foot $ 39.00 $ 6,513.00 444 2. 1 Ea. 10' Standard Curb Inlet, complete in place for the sum of Two Thousand Six Hundred Sixteen Dollars & No Cents per Each $ 2,616.00 $ 2,616.00 440 3. 12 S.Y. Rock Rip Rap, complete in place for the sum of Forty-Five Dollars & No Cents per Square Yard $ 45.00 $ 540.00 444 4. 1 Ea. 24" Headwall, complete in place for the sum of Two Thousand Five Hundred Dollars & No Cents per Each $ 2,500.00 $ 2,500.00 N:1JOB10131271spec101312701.00b.doc P-6 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 525 5. 167 L.F. Trench Safety No Dollars & Fifty Cents per Linear Foot $ 0.50 $ 83.50 SECTION C - - - STORM DRAIN SYSTEM $12,252.50 Section A- Water........................................................................................ $36,602.50 Section B - Sanitary Sewer........................................................................ $21,283.00 Section C - Storm Drain............................................................................. $12,252.50 TOTAL $70,138.00 N:\JOB\013127\spec\01312701.00b.doc P-7 f PART B - PROPOSAL (cont.) OCT 30 2006 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 One SR, L.P., 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 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. Ch � � N:\JOB\013127\spec\01312701.00b.doc P - 9 Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Respectfully submitted, S rrO (�OncZ-TG, 10C— ( SEAL ) BY: 4'74'1v-� �,►� s Bti>J�y If Bidder is Corporation. �� , D 0 T— TITLE: ADDRESS: Gr i✓c a,7X-ISM NAJOB\013127\spec\01312701.00b.doc P - 10 CB 013127.010 Page3 1N :> 777;:.�lllAll : .STREET : OI T: �llt{ htTH.:::TEXAS:. 7#i.�t02: >' ...... . :..: :.:. .. .. .. ............. . ......N.... ....... ...............T`. i . ............... , .............. ................... . ........... .; :::.:..;:.;:.;::.:.;::.>:.... ....:..:..:.;:.:. .. :.......::.:..;::.::>:::>::::;.>: :.;::.....:::>:::.::... fI 0N .It 81 3 .. .:....:...:. ... .......... .. . ...::.:::. .. Sendera Ranch Phase 11-Sect 1C 28-Jul-2006 PAVING ITEM# IDESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABILIZED SUBGRADE 5,330 S.Y. $1.40 $7,462.00 2 HYDRATED LIME 30#/SY 80 TON $70.00 $5,600.00 3 6" R.C. STREET PVMT W/7" CURB 3,363 S.Y. $17.90 $60,197.70 4 6" H.M.A.C. STREET PVMT 1,513 S.Y. $18.23 $27,581.99 5 TMP 6" R.C. STREET PVMT W/7" CUR 369 S.Y. $18.23 $6,726.87 TOTAL PAVING $107,568.56 PAVING (1/2 80' ROW - AVONDALE HASLET ROAD) ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABILIZED SUBGRADE 933 S.Y. $2.25 $2,099.25 2 HYDRATED LIME 30#/SY 14 TON $105.00 $1,470.00 3 6" R.C. STREET PVMT W/7" CURB 900 S.Y. $18.37 $16,530.75 4 4' SIDEWALK 300 L.F. $14.00 $4,200.00 TOTAL PAVING $24,300.00 OFFICIA'd NCI ND � Iff Nu- G:\JOB\011495\EST\Ph2sec1 CCFA.xIsFT. ' a EN CB 013127.010 Page4 .............. 7- ....... . . Aa MEMO.: ... . ... .. .......... ...... . ........... ......dk ................... ................................ ........ .... ............ ................ .... ........................... ......... ............... . ............ . ........... .. ..................................... ... . ..... .......... ...................... ................ .. ........... .......... ............. ................ .. . ..... ....... . .... . ............... I Sendera Ranch Phase 11-Sect 1C 28-Jul-2006 STORM DRAIN SYSTEM ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 24" RCP 167 L.F. $39.00 $6,513.00 2 24" HEADWALL 1 EA. $2,500.00 $2,500.00 3 STD 10' CURB INLET 1 EA. $2,616.00 $2,616.00 4 ROCK RIP RAP 12 S.Y. $45.00 $540.00 5 TRENCH SAFETY 1671 L.F. F— $0.501 $83.50 ,TOTAL STORM DRAIN SYSTEM $12,252.50 G:\JOB\011495\EST\Ph2sec1 CCFA.xls CB 013127.010 Page5 .................. .................................. ............... ................... .............................. ............... .................... . ........ ......................... .. ..................... ................. ........... ... ......... . .. .. ... ..... .... .................. ................ ...... ...... . ..... ...... Sendera Ranch Phase 11-Sect 1C 28-Jul-2006 STREET LIGHTS & SIGNS ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 STREET LIGHTS 3 EA. $2,200.00 $6,600,00 2 STREET SIGNS 2 EA. $100.00 $200.00 ITOTAL STREET LIGHTS/SIGNS $6,800.00 G:\JOB\011495\EST\Ph2sec1 CCFA.xls y 0 0 N o � o W o U Q L o CL ' U Lu Im z � W O L � o m�� Z K O O FVC1 NH r v 0 1 as 3S N o Z a Z 0 Z ~ O o U � LLIU U CL tis v O -12 .r I Q W H FLcn —jC4 S9NIadS MOIIIM w — a x LO J Q O ' Z O � — — Q r 4a NOlSV 331dg 8� V U5 29I �o� c Q O U ti N U N M O a 0 i I p a Z U C o „ II x N o O c U � CL a V) Ucli N LU Lu mW� Z V RFf$ iV U Z W W Q .- E! V) V W ^om a tr a 'row �/ i 2�ro o I � � C', Q W Q 7 �? WJ WW CC G - - m —O CL N mo-j LL. '� •• c n N I 4 W W O v> W cn Q CC m CL m CL— a_ J 7 w I I w dS Q3 J 'd2I I E I i n e u� m m O I C I - P i N I U R > WO i �• h-CL >N N co C>.c ter, a �v, E - - - - — CL i oa ! 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