HomeMy WebLinkAboutContract 32314 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. _
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WHEREAS, Newmark Homes, L.P. , hereinafter called "Developer", desires to
make certain improvements to Sycamore School Road and Summer Creek Drive, 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 Richard D. Alberque, its duly
authorized Executive Vice-President, 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 11, of the Policy.
D. The Developer shalt award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy.
Sycamore School Road— Summer Creek
August 23, 2004
CFA Revised Format w/4%
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
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 damyges 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.
2
Sycamore School Road — Summer Creek
August 23, 2004
CFA Revised Format w/4%
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:
Water (A) None; Sewer (A-1)None; Paving (B) attached; Storm Drain (B-
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, Bl, 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, Bl,
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 $1,585,674.56.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $ 770,871.00 $ 770,871.00
2. Storm Drainage $ 695,643.00 $ 695,643.00
3. Street Lights $ 60,500.00 $ 60,500.00
4. Street Name Signs -0- $
B. Engineering Design $
C. Construction Engineering $
and Management by DOE (4%),$ 58,660.56 $ 58,660.56
TOTALS $ 1,585,674.56 $ 1,585,674.56
3
Sycamore School Road — Summer Creek
August 23, 2004
CFA Revised Format w/4%
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.
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, ano said D vetoper
has executed this instrument in triplicate,at Fort Worth,Texas this the r74 day of .
, 200,/.5
Approval Recommended:
Transportation and Public Works
Department
NO M&C REQUIRED Robert Goode, P. E.
Director
City Of F rth
Marc Ott
�� Assistant City Manager
Approved as to Fo
ssist �i ity Attorney ,,;/Y zK r Few, S z
NS
ATTEST: DEVELOP
Ey:
Corporate Secretary '' ���
4 ITE
Sycamore School Road — Summer Creek
August 23, 2004
CFA Revised Format w/4%
AUG.-23. 200; 11 ;03Ab1 WI ER ARLINGTON NO. 9118r„P, 4
I
PROPOSED TEMPORARY
ASPHALT PAVEMENT
TRANSITION
PROPOSED 8'
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PROPOSED 8'
1 , CONCRETE PVMT. >
PROPOSED TEMPORARY
ASPHALT PAVEMENT
TRANSITION
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PROPOSED TEMPORARY
' ASPHALT PAVEMENT
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COLOwBUS TfL1/L
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1 SCHOOL IFLOAD
0 400 800 1
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AUG. 23, 2004 11 ;03AM NI ER ARLINGTON N0. 911P. E
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'Vol/At WIEA & ASSOCIATES, INC.
DEC,, 9. 2004 11 :02AM CER ARLINGTON NO, 0932 P. 6
UNIT I: PAVING IMPROVEMENTS
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
1. 1 LS Construction Entrance, complete
for the sum of
One thousand Dollars $ • 1,000.00 $ 1.000.00
and Zero Cents
per cubic yard
2. 22,190 CY Unclassified Excavation, complete
for the sum of
One Dollars $ 1.60 $ 35.504.00
and Sixty Cents
per cubic yard
3. 35,880 CY Compacted backfill, complete for
the sum of
Zero Dollars $ 0.50 $ 17,940.00
and FAA _ Cents
per cubic yard
4. 60 LF Sawcut and remove existing
concrete curb and install butt joint,
complete for the sum of
$ 6.00 $ 480.00
Six Dollars
and Zero Cents
per linear foot
5. 414 TON Hydrated Lime, complete in place
for the sum of
Eighty-seven Dollars $ 87.00 $ 36.018.00
and Zero Cents
per ton
6. 25,782 SY 8" Hydrated Lime Stabilization of
Subgrade (32 lbs/SY), complete
for the sum of
$ 1.60 $ 41.251.20
One Dollars
and Sixty Cents
per square yard
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DEC, 9. 2004 11 :02AM WIER ARLINGTON NO. 0932 P. 5
7, 19,542 SY 8" 3500 psi Concrete Pavement
with 7" curbs, complete for the
sum of
$ 21.40 $ 418,198.80
Twenty-one Dollars
and Forty Cents
per square yard
8. 3,454 SY Asphalt Pavement, complete for
the sum of
Twenty-one Dollars $21.00 $ 72,534.00
and Zero Cents
per square yard
9. 1,044 SY Temporary Asphalt Pavement,
complete for the sum of
Seventeen Dollars $ 17.50 $ 18,270.00
and Fifty Cents
per square yard
10. 2,391 SY 4' Wide 4" thick 3000 psi concrete
sidewalks, complete in place
including joints and reinforcing
steel, for the sum of $ 25,00 $ 59,775.00
Twenty-five Dollars
and Zero Cents
per square yard
11. 4 EA Barrier Free Wheel Chair Ramp at
Street intersections, complete for
the sum of
$ 500.00 $ 2.000.00
Five hundred Dollars
and zero Cents
per each
12. 4.9 AC Hydromulch Parkways (Including
Water, topsoil and fertilization),
complete for the sum of
$ 1,000.00 $ 4.900.00
One thousand Dollars
and Zero Cents
per acre
Y '
DEC. 9, 20Q4 11 ;02AM WI ER ARLINGTON NO. 0932 P. 4
13. 1 LS Erosion Control / pollution
Prevention, complete for the sum
of
$ 1,000.00 $ 1,000.00
One thousand Dollars
and Zero Cents
per lump sum
14. 22 EA Street Light Bases Including
Conduits, pullboxes and wire,
complete in place for the sum of
$ 2,000.00 $ 44,000.00
Two Thousand Dollars
and Zero Cents
per each
15. 1 LS Mise. (Signs, Paint, etc.),
complete in place for the sum of
Fourteen thousand five $ 14_500.00 $ 14 500.00
hundred Dollars
and Zero Cents
per lump sum
16. 1 LS Temporary Traffic Control,
complete in place for the sum of
Two thousand five hundred Dollars $ 2,500.00 $ 2,500.00
and Zero Cents
per lump sum
17. 1 LS Adjust SS Manhole to grade,
complete In place for the sum of
One thousand Dollars $ 1,000.00 $ 1.000.00
and Zero Cents
per lump sum
TOTAL AMOUNT BID PAVING IMPROVEMENTS $770,$71.00
DEC. 9. 2004 11 :02AM WIER ARLINGTON N0, 0932 P. 1
1 (we) acknowledge receipt of the following addenda to the pians 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,
Giico C t ding, c.
By:
ale R. Gii ath
Title
President
Address
4200 South Huler Street
Suite 513
Fort Worth, Texas 75109
Telephone: (817) 735-1600
(Seal)
Date:
UNIT II: STORM DRAIN
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
1. 3 EA 10' Recessed Curb Inlet, complete in
place for the sum of
Two thousand one hundred Dollars $ 2,100.00 $ . 6,300.00
and Zero Cents
per each
2. 1 EA 15' Recessed Curb Inlet, complete in
place for the sum of
Two thousand seven hundred Dollars $ 2,700.00 $ 2,700.00
and Zero Cents
per each
3. 6 EA 20' Recessed Curb Inlet, complete in
place for the sum of
Three thousand seven $ 3,700.00 $ 22,200.00
hundred Dollars
and Zero Cents
per each
4. 5 EA 4'x4' Field Inlet, complete in place for
the sum of
Two thousand six hundred Dollars $ 2,600.00 $ 13,000.00
and Zero Cents
per each
5. 2 EA 4'x4' Access Manhole, complete in
place for the sum of
Two thousand Dollars $ 2,000.00 $ 4,000.00
and Zero Cents
per each
6. 1 EA 5'x5' Field Inlet, complete in place for
the sum of
Two thousand seven hundred Dollars $ 2,700.00 $ 2,700.00
and Zero Cents
per each
7. 300 LF 21" RCP, Class III, including trench,
bedding, backfill, jointing, collars,
and wyes, complete in place for the
sum of $ 40.00 $ 12,000.00
Forty Dollars
and Zero Cents
per linear foot
8. 228 LF 24" RCP, Class III, including trench,
bedding, backfill, jointing, collars,
and wyes, complete in place for the
sum of
$ 43.00 $ 9,804.00
Forty-three Dollars
and Zero- Cents
per linear foot
9. 242 LF 27" RCP, Class III, including trench,
bedding, backfill, jointing, collars,
and wyes, complete in place for the
sum of $ 49.00 $ 11,858.00
Forty-nine Dollars
and Zero Cents
per linear foot
10. 280 LF 30" RCP, Class III, including trench,
bedding, backfill, jointing, collars,
and wyes, complete in place for the
sum of
Fifty-five Dollars $ 55.00 $ 15,400.00
and Zero Cents
per linear foot
11. 140 LF 33" RCP, Class III, including trench,
bedding, backfill, jointing, collars,
and wyes, complete in place for the
sum of $ 64.00 $ 8,960.00
Sixty-four Dollars
and Zero Cents
per linear foot
12. 145 LF 36" RCP, Class III, including trench,
bedding, backfill, jointing, collars,
and wyes, complete in place for the
sum of
$ 72.00 $ 10,440.00
Seventy-two Dollars
and Zero Cents
per linear foot
13. 175 LF 42" RCP, Class lll, including trench,
bedding, backfill, jointing, collars,
and wyes, complete in place for the
sum of $ 93.00 $ 16,275.00
Ninety-three Dollars
and Zero Cents
per linear foot
14. 171 LF 48" RCP, Class III, including trench,
bedding, backfill, jointing, collars,
and wyes, complete in place for the
sum of $ 112.00 $ 19,152.00
One hundred twelve Dollars
and Zero Cents
per linear foot
15. 100 LF Single Box Culvert 5'x4', including
excavation, bedding, backfill,
complete in place for the sum of
$ 180.00 $ 18,000.00
One hundred eighty Dollars
and Zero Cents
per linear foot
16. 1212 LF Single Box Culvert 6'x4', including
excavation, bedding, backfill,
complete in place for the sum of
$ 200.00 $242,400.00
Two hundred Dollars
and Zero Cents
per linear foot
17. 15 LF Single Box Culvert 7'x4', including
excavation, bedding, backfill,
complete in place for the sum of
$ 300.00 $ 4,500.00
Three hundred Dollars
and Zero Cents
per linear foot
18. 22 LF Single Box Culvert 8'x4', including
excavation, bedding, backfill,
complete in place for the sum of
$ 320.00 $ 7,040.00
Three hundred twenty Dollars
and Zero Cents
per linear foot
19. 198 LF Double Box Culvert 5'x4', including
excavation, bedding, backfill,
complete in place for the sum of
$ 350.00 $ 69,300.00
Three hundred fifty Dollars
and Zero Cents
per linear foot
20. 226 LF Double Box Culvert 7'x4', including
excavation, bedding, backfill,
complete in place for the sum of
$ 417.00 $ 94,242.00
Four hundred seventeen Dollars
and Zero Cents
per linear foot
21. 3 EA Type 6 Junction Box with Manhole,
complete in place for the sum of
Six thousand six hundred Dollars $ 6,600.00 $ 19,800.00
and Zero Cents
per each
22. 1 EA Type 7 Junction Box with Manhole,
complete in place for the sum of
Seven thousand Dollars $ 7=000.00 $ 7,000.00
and Zero Cents
per each
23. 2 EA Sloping Headwall for 21" RCP,
complete in place for the sum of
One thousand two hundred Dollars $ 1,200.00 $ 2,400.00
and Zero Cents
per each
24. 1 EA Temporary TxDOT Standard FW-O
Headwall for 24" RCP, complete in
place for the sum of
$ 2.600.00 $ 2.600.00
Two thousand six hundred Dollars
and Zero Cents
per each
25. 1 EA TxDOT Standard FW-0 Headwall for
7'x4' Box, complete in place for the
sum of
$ 5,400.00 $ 5,400.00
Five thousand four hundred Dollars
and Zero Cents
per each
26. 1 EA Modified TxDOT Standard FW-0
Headwall for 5'x4' Box, complete in
place for the sum of
$_ 5,400.00 $ 5,400.00
Five thousand four hundred Dollars
and Zero Cents
per each
27. 3454 LF Provide Trench Safety Systems for
Drainage Improvements in
accordance with the Trench Safety
Plan and OSHA Regulations for the
sum of $ 1 .00 $ 3,454.00
One Dollars
and Zero Cents
per linear foot
28. 140 CY 6" - 12" Rock Riprap, complete in
place for the sum of
Seventy-six Dollars _ $ 76.00 $ 10,640.00
and Zero Cents
per cubic yard
29. 1281 SY 5" Concrete Riprap, complete in
place for the sum of
Thirty-eight Dollars $ 38.00 $ 48,678.00
and Zero Cents
per square yard
TOTAL AMOUNT BID STORM DRAIN $695,643.00
UNIT III: MISCELLANEOUS IMPROVEMENTS
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
1 LS Performance and Payment Bonds
as per City of Fort Worth
Requirements, complete for the
sum of
$ 16,000.00 $ -16,000.00
Sixteen Thousand Dollars
and Zero Cents
per lump sum
TOTAL AMOUNT BID MISCELLANEOUS IMPROVEMENTS $ 16,000.00
TOTAL AMOUNT BID WATER $ 165,130.40
TOTAL AMOUNT BID STORM DRAIN $ 695,643.00
TOTAL AMOUNT BID MISCELLANEOUS $ 16,000.00
GRAND TOTAL AMOUNT BID $ 876,773.40
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PART B - PROPOSAL (Cont.)
Within ten (1 ON 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 a#aGhed hid ceGUFi+., in
0
liquidated damages fer the delay and additienal WE)* Gaul d thereby.
The undersigned bidder certified 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 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:
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 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 /O calendar days after issue of the work order,
and to complete the contract within 00 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.
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
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,
FOR DRAINAGE IMPROVEMENTS:
Burnsco Construction, Inc.
John urns
Title
President
Address
Burnsco Construction, Inc.
4200 S. Hulen St. , #513
Fort Worth, Texas 76109
Telephone: ( 81 7 ) 738-3200
(Seal)
Date:
FOR WATER IMPROVEMENTS:
Burnsco Construction, Inc.
B �!
QJohnrns
Title
President
Address
Burnsco Construction, Inc.
4200 S. Hulen St. #513
Fort Worth, Texas 76109
Telephone_ ( 817) 738-3200
(Seal)
Date:
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 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 22 EA $ 2, 500 $55, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $55,000.00
City' s Cost $00, 000 . 00
Developer's Subtotal $55,000 . 00
10% Contingencies $5,500. 00
Project Total $60,500 . 00
Adjacent Developer's Cost $0,000 . 00
Developer' s Cost $60,500.00
2% Inspection Fee $0,00 . 00
(CFA CODE 2004093)
DEVELOPER' S COST: $60,500 . 00
SYCAMORE SCHOOL RD AND SUMMER CREEK DR
July 14, 2004
Fort Worth, Texas
August 29, 2005
PAGE I OF Exhibit C
II . 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 the streetlights that use overhead or
underground conductors on residential, and collector streets. the
developer agrees to pay the city the amount shown below prior to the
City starting it' s design efforts.
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 street light installation is detailed on
page 1 of exhibit C and is summarized below, the street lights will
remain the property of, and will be maintained by the City of Fort
Worth.
DEVELOPER' S COST: $60,500.00
SYCAMORE SCHOOL RD & SUMMER CREEK DR
July 14, 2004
FORT WORTH, TEXAS
(CFA CODE 2004093)
Page II of Exhibit C
III .
"STREETLIGHTS"
MID - BLOCK MEDIAN
SUMMER CREEK DR 22 (DOUBLE ARMS)
SYCAMORE SCHOOL RD & SUMMER CREEK DR
Page III of Exhibit C