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HomeMy WebLinkAboutContract 32906 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract NO�- ? .-'�/ `-C WHEREAS, Two SR, L.P., a Texas Limited Partnership, hereinafter called "Developer", desires to make certain improvements to Sendera Ranch Phase VI, 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 Centamar Terras, L.L.C., 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 Il, 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_VI_2.doc 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 alle,aed 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- CFA VI 2.doc 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, 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 $675,293.10. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $498,006.60 498,006.60 2. Storm Drainage $107,756.00 107,756.00 3. Street Lights $44,000.00 44,000.00 4. Street Name Signs $1,300.00 1,300.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ (4%) 24,230.50 24,230.50 TOTALS 675,293.10 $ - 675,293.10 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the 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 VI 2.doc 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 Developer has executed this instrument in triplicate, at Fort Worth, Texas this the 12ay of badn ,, 200/1�* Approval Recommended: Transportation and Public Works Department C NO M&C 11EQU110:1) Robert Goode, P. E. Director ATTEST: City Of Fort Worth 6��' (n4 B : f—Y) \V\a K-�-j 1r; J, Marc Ot City Secretary Assistant City Manager Approve as to Form: f! 7'a11?-7A1A- ssistant ity kttorney ATTEST: DEVELOPER TWO SR, L.P. a Texas Limited Partnership By: CENTAMTAR TERRAS, L.L.C. a Texas Limited Liability Company General Partner By: Corporate Secretary Mehrdad Moayedi Manager CFA_VI_2.doc 4 PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: TWO SR, L.P. Fort Worth, Texas DEVELOPER March 2004 c/o CARTER & BURGESS, INC, FOR: STREET IMPROVEMENTS FOR SENDERA RANCH EAST, PHASE VI SECTION 2 D.O.E. NO. 4259 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: (Furnish and Install, including all appurtenant work, complete in place, the following items): DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID STREET IMPROVEMENTS 210 1. 23,721 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of One Dollar& Fort, Cents per Square Yard $ 1.40 $33,209.40 212 2. 356 TON Lime for Subgrade (30#/S.Y.) complete in place for the sum of Seventy Dollars & No Cents per Ton $ 70.00 $24,920.00 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 314 3. 22,968 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 $411,127.20 314 4. 4 Ea. Remove Existing Barricade, complete in place for the sum of Five Hundred Dollars & No Cents per Each $ 500.00 $2,000.00 5. 5 Ea. End of Road Barricade, complete in place for the sum of Two Thousand Seven Hundred Fifty Dollars & No Cents per Each $ 2,750.00 $13,750.00 314 6. 20 Ea. Sidewalk Ramps, complete in place for the sum of Six Hundred Fifty Dollars & No Cents per Each $ 650.00 $13,000.00 TOTAL STREET IMPROVEMENTS --- $498,006.60 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. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 9 P 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 45 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 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, Site Con to Inc. By. 4 S tsogev Title: �RE.s l r✓1lIT Address: 3340 Roy Orr Boulevard Grand Prairie, TX 75050-4207 (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:\,J013\011983\spec\01198301.00D.doc P-3 " "' 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. 142 L.F. 54" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of One Hundred Ten Dollars & No Cents per Linear Foot $110.00 $15,620.00 440 2. 190 L.F. 48" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Eighty Eight Dollars & No Cents per Linear Foot $88.00 $16,720.00 440 3. 329 L.F. 36" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Sixty-five Dollars & No Cents per Linear Foot $65.00 $21,385.00 440 4. 155 L.F. 27" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Forty-Seven Dollars & No Cents per Linear Foot $47.00 $7,285.00 N:WOB1011983\spec101198301.00C.doc P-8 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 440 5. 32 L.F. 24" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Forty-One Dollars & No Cents per Linear Foot $41.00 $1,312.00 440 6. 32 L.F. 21" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Thirty-Seven Dollars & No Cents per Linear Foot $37.00 $1,184.00 444 7. 4 Ea. 10' Standard Curb Inlet, complete in place for the sum of Three Thousand Dollars & No Cents per Each $3,000.00 $12,000.00 444 8. 2 Ea 15' Standard Curb Inlet, complete in place for the sum of Three Thousand Two Hundred Dollars & No Cents per Each $3,200.00 $6,400.00 444 9. 2 Ea Standard 4' Square Manhole, complete in place for the sum of Three Thousand Seven Hundred Fifty Dollars & No Cents per Each $3,750.00 $7,500.00 N:\JOB\011983\spec\01198301.000.doc P-9 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 444 10. 2 Ea Standard 5' Square Manhole, complete in place for the sum of Five Thousand Seven Hundred Fiftv Dollars & No Cents per Each $5,750.00 $11,500.00 525 11, 880 L F Trench Safety Zero Dollars & Fifty Cents per Linear Foot $0.50 $440.00 12. 1 Ea. Standard 54"Type B Headwall, complete in place for the sum of Four Thousand Two Hundred Fifty Dollars & No Cents per Each $4,250.00 $4,250.00 13. 45 Ea. Rock Rip Rap, complete in place for the sum of Forty Eight Dollars & No Cents per Each $48.00 $2,160.00 SECTION C - -- STORM DRAIN SYSTEM $107,756.00 SectionA-Water.....................................................................................................$ 263.844.00 Section B - Sanitary Sewer.....................................................................................$ 344,982.75 Section C - Storm Drain............................................................. .....................$ 107,756.00 TOTAL $716,582.75 N:1JOB10119831spec101198301.000.doc P-10 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 Two 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. NAJ013\011983\spec\01198301.00C.doc P- 11 Receipt is acknowledged of the following addenda: 9 9 Addendum No. 1 Addendum No. 2 Addendum No. 3 Respectfully submitted, Site ncrete Inc. ( SEAL ) BY: 1 �1 sOKLEV If Bidder is Corporation. TITLE: -PRES I QC K!`l~ ADDRESS: 3340 Roy Orr Boulevard Grand Prairie, Texas 75050 N:\JOB\0119831spec\01198301.00C.doc P-11 III . STREET LIGHTS: 1 . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 10 EA $ 2, 000 $20, 000 . 00 MID-BLOCK RESIDENTIAL 6 EA $ 2, 000 $12, 000. 00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2, 000 $8, 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 $40 ,000.00 City' s Cost $00, 000 . 00 Developer's Subtotal $40,000.00 10% Contingencies $4 ,000.00 Project Total $44 ,000.00 Adjacent Developer' s Cost $0,000. 00 Developer's Cost $44 ,000.00 2% Inspection Fee $0 ,00 .00 DEVELOPER' S COST: $44 ,000. 00 SENDERA RANCH, PHASE VI - SECTION II January 6, 2004 Fort Worth, Texas January 3, 2005 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 . The City will install all streetlights that use overhead or underground conductors on residential, and or collector streets. The developer agrees to pay the City the amount shown below prior to the City starting its design effort. 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 streetlight installation is detailed on page I of exhibit C and is summarized below, the streetlights will remain the property of, and will be maintained by the City of Fort Worth DEVELOPER' S COST: $44 ,000.00 SENDERA RANCH, PHASE VI - SECTION II FORT WORTH, TEXAS January 6, 2004 Page 2 of Exhibit C "STREET LIGHTS" INTERSECTIONS SIERRA VISTA WAY & PONCHO IN 1 MESQUITE TREE LN & PONCHO LN 1 MESQUITE TREE IN & RIO BRAVO DR 1 RIO BRAVO DR & TIJUANA TRL 1 RIO BRAVA DR & REIS MESA DR 1 RIO BRAVA DR & STREET R 1 TIJUANA TRL & SAN MIGUEL TRL 1 TIJUANA TRL & SANTA ROSA DR 1 CEDAR POST DR & PLAYA TRL 1 PLAYA TRL & COCHISE DR 1 MID - BLOCK CEDAR POST DR 2 RIO BRAVA DR 2 PONCHO LN 2 CHANGE OF DIRECTIONS CEDAR POST DR 1 ESPARANZA DR 1 SANMIGUEL TRL 1 PLAYA TRL 1 SENDERA RANCH, PHASE VI - SECTION II Page 3 of Exhibit C IV STREET NAME SIGNS 1. The Developer 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 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 thirteen (13) intersections (that require street name signs) at a cost to the Developer of $1,300.00 : Sierra Vista Way & Poncho Lane Mesquite Tree Lane & Poncho Lane Rio Bravo Dr & Mesquite Tree Lane Rio Bravo Dr & Tiajuana Tr Rio Bravo Dr & San Miguel Tr Rio Bravo Dr & Red Mesa Dr Rio Bravo Dr & Esparanza Dr Santa Rosa Dr & Tiajuana Tr San Miguel Tr & Tiajuana Tr Cedar Post Dr & Red Mesa Dr Cedar Post Dr & Playa Tr Cedar Post Dr & (unknown street) Cochise Dr & Playa Tr Sendera Ranch Phase 6, sec 2 CFA code : 2003154 Date: January 2, 2004 0 0 0 0 W V O Q O 0. 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