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HomeMy WebLinkAboutContract 32010 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary rr�� COUNTY OF TARRANT § Contract No. �V WHEREAS, One Sendera Ranch, L.P., a Texas Limited Partnership, hereinafter called "Developer", desires to make certain improvements to Sendera Ranch, Phase II, 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 Mehrdad Moayedi, its duly authorized Sole 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 H, 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 SENDERA RA CH PHASE 2-SECTION 2 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 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 hereof: CFA SENDERA RA CH PHASE 2-SECTION 2 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, 131, 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 $476,793.26. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $388,578.40 $ 388,578.401 2. Storm Drainage $48,865.97 $ 48,865.97 3. Street Lights $7,500.00 $ 22,500.00 $ 30,000.00 4. Street Name Signs - $ 600.00 $ 600.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE (2%), $ 8,748.89 Is 8,748.89 TOTALS $ 453,693.26 $ 23,100.00 1 $ 476,793.26 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 (2%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 2%. 3. City not preparing plans and specifications. CFA SENDERA RANCH PHASE 2—SECTION 2 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 arjo said Developer has executed this instrument in triplicate, at Fort Worth,Texas this the ay of T'P. , 200/.6 Approval Recommended: Transportation and Public Works Department NO M&C REQUIRED Robe Goode, P. E. Director ATTEST: MyF Worth U t MafIke ncl �v Marc Ott r City Secretary Assistant City Manager Approved as to Form: Assistant City Attorney ATTEST: DEVELOPER One Sendera Ranch, L.P. A Texas Limited Partnership B y:, — Corporate Secretary Mehrdad Moayedi Sole General Partner CFA SENDERA RA CH PHASE 2-SECTION 2 4 E. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 6 EA $ 2 , 000 $12 , 000 . 00 MID-BLOCK RESIDENTIAL 5 EA $ 2 , 000 $10, 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 , 200 $0, 000 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2 , 200 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $30, 000 . 00 City' s Cost $22, 500 . 00 Developer' s Subtotal $0, 000 . 00 10% Contingencies $0, 000 . 00 Project Total $30, 000 .00 Adjacent Developer' s Cost $0, 000 . 00 Developer' s Cost $0, 000. 00 2% Inspection Fee $0, 00 . 00 Developer' s Responsibility See PG III-1, "Line 7" SENDERA RANCH PHASE II-SECTION II February 11, 2003 Fort Worth, Texas February 11, 2003 N SH 114 JOHN DAY R� J f f � f G f _ 0 G cc z f u' z C f f PROJECT f LOCATION Q o 0 J_ Ap m _ _ f f ry L u AVO DALE H LET RD. 0 �J� 0 0 II 1 NOT TO SCALE LOCATION MAP SENDERA RANCH PHASE II - SECTION 2 Carter,,r Burgess CARTER & BURGESS,INC. I nwn STREET FORT WORTH,TX 76102 PROJECT NO. 011399.010. 1.0001 SCALE1 1" = 200' '! 14 12 I/ /O .�Tl'l:JFVL�iA.C�1 LANE 15 9 16 a 17 7 16 17 18 .6 3 4 3 2 I 17 19 16 20 26 2f 40 4/ 42 43 44 l5 4 J /J I 27 9 /4 ?7 22 i25 .. .. Q 29 ® 38 •MOUNT PEAK !z 24 23 29 D P I/ 29 37 2 a1 12 W 28 10 35 3 . 30 3/ J2 JJ 31 27 11 /• 26 9 . •2 25 4 5 4 M..UNT EAK D. 2J 6 •' IO 9 8 7 17 /a 19 20 2l 22 7 VI ORY BELL` D a 41 40 I 10 / 42 y 2 3 5 6 16 15 14 13 12 43 j 44 w ~ `J( 46 45 ' 'Z- • 47 JET D J5\ 13 12 11 10 9 8 7 5 4 3 2 I ® 6 \ 34 \ 1 i �� �� 5EC hf "D i 5 < 2 i V) Hh W LEGEND PROP. 29' 13/6 ROADWAY/50' Row STREETS PROP. a' SIDEWALK """•""""'"'. EXHIBIT 'B' Carter= Burgess CARTER & BURGESS,INC. SENDERA RANCH LIMITS OF PROJECT "7"N X76102 PHASE 11 — SECTION 2 PROJECT NO. 011398.010.1.0001 21 RCP 21 RCP �T i, SCALE1 1" = 200' 4. 2— LETS �4,•1� /4 12 21"RCP 21" RCP 10 15 W�.Try, %;E : 16 g " /7 7 s 6 16 17 A>* I B 5 4 3 2 I l7 'N 19 2— 0 1 N L,FJTS ® i 20 16 c 26 21 40 41 42 4J 44 14 1 C 15 4 27 39 /3 I j 14 22 { 25 -�^ 2a 38 MOUNT PEAK I A 12 30" TYPE "C" HDWL 13 24 23 29 r D 12 29 37 28 2 m W 30" RCP (7 36 /o 35 3 J 30 31 32 33 34 27 4' SO MH 26 9 27" RCP 25 4 1 0' INLET 3-1 0' I NLETS ---- 24 5 M UNTPEAK D 23 6 l0 9e 7 17 19 19 zo 21 22 VI ORY BELL 7 DR�I'-'` B 4/ 40— 1 10 42 2 3 5 6 16 15 14 13 12 11 43 30" YPE 'C' H WL _ I _ 46 45 44 ' lc. `4 3 2-10 INLETS _ _ 47 \ Z\� TRAIL REAK- DFIVE P 13 /2 11 10 9 8 7 6 5 4 3 2 1 00 40 34 F ;E. A C ` Ca PYASi PI-SE6i I r ! 5 e 6 s 3 W I I I $ O s LEGEND PROP. STORM DRAIN LINE PROP. INLET T STORM D RAIN PROP. MANHOLE PROP. HEADWALL EXHIBIT 'B-l' Carter ` BYISS EXIST. STORM DRAIN LINE _ _ _ _= SENDERA RANCH GARTER & BURGESS,INC. 777 VAN STREET FORT WORTH,T%76102 L I M I TS OF PROJECT — — — • PHASE II - SECTION 2 PROJECT No. 011398.010.1.0001 At N SCALE1 1" = 200' O !3 14 12 11 to Is 9 16 8 S 17 7 /6 'r 6 5 Id 4 J 2 I 17 19 IS 20 !6 � Y 21 40 4/ 42 4344 14 ' 15 4 :; 27 39 13 ©14 22 25 28 I Q J8 12 ® 29 1 13 9 24 23 MOUNT PEAK W 29 37 zd 2 oa Iz W 36 35 3 10 30 J! 32 JJ 34 27 I! � E 26 9 4 25 24 5 �1� ��tl•~ 23 6 41 1 o s d 7 1M UlIB !s �2oK I2! 22 7 VI ORY BELL' d l 41 DRI Ef : 40 � C 42 ! 2 3 5 6 16 f5 14 !J /2 !! l0 43 • I 44 , v 46 47 45 IJ 12 11 ID 98 7 6 5 4 J 1 �] SEN t7A k�N H r 51 A�i ,4A k. ^H e i I i5 4 3 2 ! w . 0 I 1 r � LEGEND PROP. SINGLE STREET LIGHT EXIST. SINGLE STREET LIGHT ( ON STEEL POLE WITH STREET STREET LIGHTS AND STOP SIGNS ATTACHED) PROP. STREET SIGN A EXHIBIT 'C' Caster= Burgess EXIST. STREET SIGN A SENDERA RANCH CARTER & BURGESS,INC. 777 MAIN STRFET FORT WORTM,TX 76102 ,, LIMITS OF PROJECT -- — - PHASE II - SECTION 2 PROJECT N0. 011398.010. 1.0001 PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: ONE SR, L.P. Fort Worth, Texas DEVELOPER APRIL 2003 c/o CARTER & BURGESS, INC. FOR: STREET IMPROVEMENTS FOR SENDERA RANCH, PHASE 2, SECTION 2 D.O.E. NO. 3879 FILE NO. W-1217 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: DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID STREET IMPROVEMENTS 210 1. 18,875 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of One Dollar& Forty-four Cents per Square Yard $ 1.44 $27,180.00 212 2. 284 TON Lime for Subgrade (30#/S.Y.)* complete in place for the sum of Ninety-seven Dollars& Ei h -five Cents per Ton $ 97.85 $27,789.40 N:\.JOB\011398\spec\01139801.00a.doc P-1 ''rf � '�•�-� }� rJ�; ►; DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 314 3. 18,300 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb), complete W in place for the sum of Eighteen Dollars & Twenty-three Cents per Sq. Yard $ 18.23 $333,609.00 TOTAL STREET IMPROVEMENTS --- $388,578.40 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\011398\spec\01139801.00a.doc P-2 = - , 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 within3� orking 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 Concrete Inc. By: SG`2 S )4tJ 5i3OkDe-,� Title: -P2-ES I b E Q r Address: 3322Roy Orr Boulevard Fort Worth, TX 75050 (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\011398\spec\01139801.00a.doc P-3 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID r SECTION C - STORM DRAIN SYSTEM :;440 1. 164 L.F. 30" Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in place for the sum of Fort -four Dollars & Twenty-nine Cents per Linear Foot $ 44.29 $7,263.56 2. 255 L.F. 27" Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in place for the sum of Ten Thousand Two Hundred Forty-three Dollars & - t: Thirty-five Cents per Linear Foot $ 40.17 10,243.35 29 L.F. 24" Class III R.C. Pipe, Including r` Trench Excavation and Backfill, fi Complete in place for the sum of 4.. Thirty-five Dollars & Two Cents per Linear Foot $ 35.02 1,015.58 157 L.F. 21" Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in place for the sum of Four Thousand Six Hundred Eighty-nine Dollars & Fifty-nine Cents per Linear Foot $ 29.87 4,689.59 0, 439801.00b,doc P-6 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 444 5. 1 Ea. 4' Square Manhole, complete in place for the sum of One Thousand Eight Hundred Fifty-four Dollars & Nine Cents per Each $ 1,854.09 1,854.09 444 6. 10 Ea. 10' Standard Curb Inlet, complete in place for the sum of 4,. Two Thousand Sh . One Hundred Sixty-three Dollars & j<A.t• Eleven Cents per Each $ 2,163.11 21,631.10 7. 2 Ea. Type C Headwall for 30" R.C.P. (includes Grade to Drain ' Excavation), Complete in place for the sum of Nine Hundred Twenty-seven Dollars & Five Cents per Each $ 927.05 1,854.10 8. 605 L.F. Trench Safety Zero Dollars & Fifty-two Cents per Linear Foot $ 0.52 314.60 : SECTION C --- STORM DRAIN SYSTEM $48,865.97 •r i�, .. f398\spec\01139801.00b.doc P-7 See Item D-43 of the Special Conditions Section A-Water...................................................................$159,469.19 Section B - Sanitary Sewer....................................................$188,390.82 Section C - Storm Drain .. $48,865.97 ......................................................... TOTAL $396,725.38 7 N:\JOB\011398\spec\01139801.00b.doc P-8 PART B - PROPOSAL (cont.) Within ten 10 days after acceptance of this Proposal, the undersigned will execute the formal ( ) Y P P 9 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 withincalendar days after issue of the work order by the Owner, and to complete the contract with_in ZOworking 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. N:\JOB\011398\spec\01139801.00b.doc P-9 Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Respectfully submitted, Site oncrete Inc. ( SEAL ) BY: 5 � E If Bidder is Corporation. TITLE: I DEh17� ADDRESS: 3332 Roy Orr Boulevard Grand Prairie, TX 75050 N:1JOB10113981spec101139801.00b.doc P-10 "J III- 1 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 . SENDERA RANCH PHASE II - SECTION II February 11, 2003 III- 2 "STREETLIGHTS" INTERSECTIONS VILLAGE VISTA DR & TRAIL BREAK DR 1 VILLAGE VISTA DR & MOUNTAIN PEAK DR 1 VILLAGE VISTA DR & TRAIL STONE LN 1 TRAIL BRAEK DR & MOUNTAIN PEAK DR 1 TRAIL BREAK DR & VICTORY BELLS DR 1 TRAIL BREAK DR & FISHING HOLE LN 1 MID - BLOCK MOUNTAIN PEAK DR 2 TRAIL BREAK DR 2 VILLAGE VISTA DR 1 CHANGE OF DIRECTIONS MOUNTAIN PEAK DR 2 TRAIL STONE DR 1 TRAIL BREAK DR 1 SENDERA RANCH PHASE II - SECTION II Al 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 six (6) intersections at a cost to the City of $600 . 00 : Village Vista Drive and Trail Break Drive Village Vista Drive and Mountain Peak Drive Village Vista Drive and Trail Stone Lane Trail Break Drive and Fishing Hole Lane Trail Break Drive and Victory Bells Drive Trail Break Drive and Mountain Peak Drive SENDERA RANCH PHASE II, SECTION 2 Fort Worth, Texas Date: January 24 , 2003 IV-1