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HomeMy WebLinkAboutContract 32314 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. _ �[ 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' CONCRETE PVMT 5 PROPOSED 8' 1 , CONCRETE PVMT. > PROPOSED TEMPORARY ASPHALT PAVEMENT TRANSITION 1 � PROPOSED TEMPORARY ' ASPHALT PAVEMENT r -(RAN$ITION COLOwBUS TfL1/L PROPOSED 8' CONCRETE PVMT. 3PbVMG = DRIYB'i AND $YCAldaRz 1 SCHOOL IFLOAD 0 400 800 1 ��� WIER & ASSOCIATES, IANC. AUG. 23, 2004 11 ;03AM NI ER ARLINGTON N0. 911P. E Q c-z V � : p ( 21' RC 1 1 I 5 'X 4 ' BOX gOAD l S�Iy 48' RCP ogf 30RC CA� ,� 24 RCP 27' RC �� � 1 42' RC ( X 4 , BOX r 2-5 'X 4i' BOX roz 24 RC 2-7X 4 ' BOX - R411 l f KBIT `B-1' DRA NAGIO SUS i CRMM DRIVE I AND SYCAMORE SCALE, 1' =400 ' SCHOOL 130AD '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 r 7'l.r 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 r- w� Off 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