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HomeMy WebLinkAboutContract 34508 (2) COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. � WHEREAS, Sendera Ranch Phase I Development, L.P., hereinafter called "Developer", desires to make certain improvements to Sendera Ranch Phase I 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, 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. V,,EK. 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 v�if �v;A� "H 2 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, 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 $980,924.89. 3 SUMMARY OF COST Sendera Ranch Phase I Section 2B Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $463,143.71 463,143.71 2. Storm Drainage $399,276.00 399,276.00 3. Street Lights $65,780.00 65,780.00 4. Street Name Signs $980.00 980.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 34,496.79 34,496.79 D. Materials Testing by DOE $ $ (2%) 17,248.39 17,248.39 TOTALS 980,924.89 $ - 980,924.89 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. 4 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 s, id Developer has executed this instrument in triplicate, at Fort Worth, Texas this the DA day of r 200 p�; Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. NO M&C REQUIRED Director ATTEST: City Of Fort Worth M h j 4 B ` Y• ft?ar+j ell M arG /�•Q7`� City Secretary #ss7•City Manager Approv s to Form: Assistantity torney AT ST: DEVELOPER Sendera Ranch Phase I Development, L.P. Pars Investments, Inc. General Partner By: A Corporat Secretary Mehrdad Moayedi President TP&W CFA REVISED FORMAT WITH 4% 5 CITY XPE��Y N:UOB\011390\Misc\I-2B\TP&W CFA REVISED FORMAT WITH 4%.doc Ue } ;. IIm tl X. PART B—PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. N TO: Sendera Ranch Phase I Development, L.P. DEVELOPER c/o Carter & Burgess, Inc. n PROPOSAL FOR: Sendera Ranch Phase I, Sectio 2B FILE NO.W-1577 D.O.E. 4435 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 i incidental work to provide a complete and serviceable project designated as: Sendera Ranch Phase I. 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: N:\JOB\011390\spec\I-2B\01139001.00c.doc B- 1 -,..•7 j'"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"hem description $ $ 210 1. 20,059 S.Y. 6"Lime Stabilized Subgrade(Includes Preparation of Subgrade), Per Square Yazd t '. One Dollar& Sixty Nine Cents $1;69 $33,899.71 314 2. 19,420 S.Y. 6"Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb), Per Square Yard Nineteen Dollar& ;. Seventy Five Cents $19.75 $383,545.00 212 3. 301 TON Lime for Subgrade(30#/S.Y.)* Per Ton One Hundred Two Dollar& No Cents $102.00 $30,702.00 4. 1,613 S.F. Sidewalk, Per Square Foot Three Dollar& No Cents $3.00 $4,839.00 4 r _ NAJOB10113901spec11-2B101139001.00c.doc B-2 .3 ze 314 5. 1 L.S. Storm Water`Mahal ement Per Lump Sum** One Thousand ' Five Hundred Seventy Five Dollar& �. No Cents $1,575.00 $1,575.00 6. 1 L.S. Payment,-Performance.&Maintenance Bond Per Lump Sum** Eight Thousand Five Hundred Eighty Three Dollar& No Cents $8,583.00 $8,583.00 TOTAL AMOUNT BID STREET IMPROVEMENTS $463,143.71 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. -- — / } C N:\JOB\0113901spec\I-26\01139001.00c.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 prgperty 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. i 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 emplciment 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 Forty Five (45)working days after beginning construction as set forth in the written work order to be furnished by the Owner. i (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 o r ur parent company or pnn pal place of four company o o p P Y majority owner is in the State of Texas. N:1J06\011390\specU-2B101139001.00c.doc B-4 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, L.H. Lacy Company Ltd. By: Lacon, L.L.C. General er By: /00 d& L Title: Vi CO tolc s(dcz—o-1- Address: 1880 Crown Road Dallas, Texas 75243 ( Telephone: (214) 217-5234 I (Seal) Date: i N:UOB\011390\spec\I-2B\01139001.00c.doc B-5 UNIT IV: STORM DRAIN ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT., TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT p (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. 1,031 L.F. 54" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot One Hundred Forty Seven Dollars & No Cents $ 147.00 $ 151,557.00 2. 49 L.F. 48" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot ` One Hundred Fifteen Dollars & No Cents $ 115.00 $ 5,635.00 3. 775 L.F. 42" Class III R.C. Pipe, Including Trench Excavation and Backfill, i Per Linear Foot Ninety Seven Dollars & No Cents $ 97.00 .$ 75,175.00 4. 479 L.F. 33" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot Sixty Five Dollars & No Cents $ 65.00 $ 31,135.00 5. 14 L.F. 30" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot Fifty Seven Dollars & No Cents $ 57.00 $ 798.00 NAJ06\011390\spec\I-26\01139001.00d.doc B-8 6. 218 L.F. 27" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot ` Forty Nine Dollars & No Cents $49.00 $ 10,682.00 7. 724 L.F. 24" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot j Forty Four Dollars & No Cents ` $44.00 $ 31,856.00 f 8. 43 L.F. 21" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot Forty Dollars & No Cents $ 40.00 $ 1,720.00 1) 9. 3,333 L.F. Trench Safety (Storm Drain) Per Linear Foot I One Dollars & No Cents $ 1.00 $ 3,333.00 10. 10 EA. STD 15' Curb Inlet Per Each Three Thousand Two Hundred Twenty Five Dollars & No Cents $ 3,225.00 $32,250.00 11. 2 EA. STD 15' Recessed Curb Inlet Per Each Three Thousand Two Hundred Twenty Five Dollars & No Cents $ 3,225.00 $6,450.00 I, S NAJOB\011390\spec\I-2B\01139001.00d.doc B-9 I 12. 5 EA. STD 10' Curb Inlet Per Each Two Thousand Seven Hundred Ten Dollars & No Cents $ 2,710.00 $ 13,550.00 13. 2 EA. 6' Square Manhole Per Each T Three Thousand Eight Hundred Dollars & 'll No Cents $ 3,800.00 $ 7,600.00 14. 1 EA. 5' Square Manhole Per Each Three Thousand I Four Hundred Dollars & No Cents $ 3,400.00 $ 3,400.00 15. 2 EA. 4' Square Manhole Per Each I Two Thousand Nine Hundred Dollars & No Cents $ 2,900.00 $ 5,800.00 16. 2 EA. 54" Type B Headwall Per Each Two Thousand Eight Hundred Dollars & No Cents $ 2,800.00 $ 5,600.00 I N:WOB\01139 \ - 0\spec -12B\01139001.00d.doc B 10 I 17. 1 EA. 42" Type B Headwall, Per Each Two Thousand \ t Thirty Five Dollars & No Cents $ 2,035.00 $ 2,035.00 18. 2 EA. 24' Type B Headwall, Per Each One Thousand One Hundred Dollars & No Cents $ 1,100.00 $ 2,200.00 19. 1 EA. Remove 42" Type B Headwall, Per Each Two Hundred Dollars & No Cents $200.00 $ 200.00 20. 160 S.Y. Rock Rubble Rip Rap (18" —24") Per Square Yard Fifty Dollars & No Cents $50.00 $ 8,000.00 21. 20 S.Y. Remove Rock Rubble Rip Rap (18" —24") Per Square Yard Five Dollars & No Cents $5.00 $ 100.00 22. 1 L.S. Storm Water Management Per Lump Sum Two Hundred Dollars & No Cents $ 200.00 $ 200.00 TOTAL SECTION C --Storm Drain $ 399,276.00 See Item D-43 of the Special Conditions N:\.JOB1011390\.sP ec11-2B101139001.00d.doc B-11 1 1 SUMMARY TOTAL AMOUNT BID WATER $ 231,622.00 !` 1 ° TOTAL AMOUNT BID SEWER $ 25,103.00 TOTAL AMOUNT BID STORM DRAIN0 $ 399.276.0 GRAND TOTAL AMOUNT BID $ 656.001.00 i i f i N Q N:\JOB\011390\spec\1-2B\01139001.00d.doc B-12 � � Ep? %'APSE 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 January1, 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: A. The General Contract Documents and General Specifications for Water Department Projects dated January 1,1978,which may be purchased from the Water Department. B. 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 Seventy Five (75) 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. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the N:WOB\011390\spec\I-2B\01139001.00d.doc B-13 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 Consklction. In By: Jaso J. Dani s Title: resident of Operations Address 11200 Old Seagoville Rd. Balch Springs, TX 75180 i Telephone:(972)286-0094 (Seal) Date: March 14, 2006 N:VOB\011390\spec\1-2B\01139001.00d.doc B-14 III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 2,600 $7,800.00 MID-BLOCK RESIDENTIAL 16 EA $ 2,600 $41,600.00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2,600 $10,400.00 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 $59,800.00 City's Cost $00,000.00 10% Contingency $5,980.00 Developer's Subtotal $65,780.00 4% Inspection fee $0.00 Project Total $00,000.00 Adjacent Developer's Cost $00.000.00 Developer's Cost $65,780.00 DEVELOPERS COST: $65,780.00 CFA CODE # 2006048 Sendera Ranch, Phase I, Section 26 Fort Worth, Texas April 24, 2006 PAGE 1 OF EXHIBIT "C" II. STREETLIGHTS 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 of Fort Worth will install all the streetlights 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 streetlight installation is detailed on page (1) of exhibit "C" and is summarized below. The streetlights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPERS COST: $65,780.00 April 24, 2006 CFA CODE # 2006048 Sendera Ranch, Phase I, Section 213 PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: INTERSECTIONS Diamondback Lane & Fence Post 1 Diamondback Lane & Rail Lane 1 Cantier Lane & Fence Post 1 MID — BLOCK Alterna Dr 3 Cantier Lane 1 Diamondback Lane 4 Fence Post 6 Rail Lane 2 CHANGE OF DIRECTION Alterna Dr & Fence Post 1 Fence Post 1 Rail Lane 1 Cantier Lane 1 CFA CODE # 2006048 Sendera Ranch, Phase I, Section 2B PAGE 3 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. 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