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HomeMy WebLinkAboutContract 32316 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANTf § Contract No. WHEREAS, One S.R., L.P. , hereinafter called "Developer", desires to make certain improvements to Sendera Ranch Phase II, Section 113, 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 _Centamtar 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 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. moi^_ . CFA REVISED FORMAT WITH 4% 1 I N:UOB\013719\Misc\CFA REVISED FORMAT WITH 4%.doc •.n xn�4I-�� gH41n 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 REVISED FORMAT WITH 4% 2 l r .1,4 ; N:UOB\013719\Misc\CFA REVISED FORMAT WITH 4%.doc = -- = "f 1�: .. _ .:�R I S.., 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, 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, 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 $681,829.54. Item Developer City Cost Total Cost Cost A. Construction $ 1. Streets $486,275.65 $ - $486,275.65 2. Storm Drainage $127,944.10 $ - $127,944.10 3. Street Lights $41,800.00 $ - $41,800.00 4. Street Name Signs $1,200.00 $ - $1,200.00 B. Engineering Design $ - $ - $ C. Construction Engineering and Management by DOE 4% $24,568.79 $24,568.79 TOTALS $681,829.54 $ $681,829.54 Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. Sidewalk cost is included under street cost. The developer is responsible for installation of 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 REVISED FORMAT WITH 4% 3 N:UOB\013719\Misc\CFA REVISED FORMAT WITH 4%.doc 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, a d said DLJ elop has executed this instrument in triplicate, at Fort Worth,Texas this the y of , 2005. Approval Recommended: Transportation and Public Works Department NO M&C REQUIRED Robert Goode, P. E. Director ATTEST: City Of Fort W rth By:City Secretary A,� s-6n4-- City Manager Appro e�as to Form: Assistan 1ty orney ATTEST: DEVELOPER One S.R., L.P. A Texas Limited Partnership Centamtar Terras, L.L.C. A Texas Limited Liability Company General Partner Corporate Secretary Mehrdad Moayedi Manager RECEIVED CFA REVISED FORMAT WITH 4% 4. N:UOB\013719\Misc\CFA REVISED FORMAT WITH 4%.doc R E C E V � PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: ONE SR, L.P. DEVELOPER c/o CARTER & BURGESS PROPOSAL FOR: STREET IMPROVEMNTS FOR SENDERA RANCH, PHASE II, SECTION 1B FILE NO. W-1638 "X" NO. 16316 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of water and sanitary sewer facilities and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: 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 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 City Engineering Department 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\013719\Spec\01371901.006.doc B-1 „✓ �.`. + } r_'; ;°_1 .� - �:: (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) Item Approx. Unit Item Description Unit Price Total Amount No. quantity Measure "D" Item description ment $ $ 6" Lime Stabilized Subgrade, 1. 22,277 S.Y. Per Square Yard One Dollars & Sixty Cents $1.60 $35,643.20 8" RC Street Pvmt with 7" curb, 2. 21,577 S.Y. Per Square Yard Eighteen Dollars & Eighty Five Cents $18.85 $406,726.45 Hydrated Lime (30#/SY), 3. 335 Ton Per Ton Eighty One Dollars & No Cents $81.00 $27,135.00 4' Sidewalks, 4. 343 S.Y. Per Square Yard Twenty Seven Dollars & No Cents $27.00 $9,261.00 Storm Water Management, 5. 1 L.S. Per Lump Sum One Thousand Dollars & No Cents $1,000.00 $1,000.00 6. 1 L.S. Payment, Performance & Maintenance Bond Six Thousand Five Hundred Ten Dollars & No Cents $6,510.00 $6,510.00 TOTAL AMOUNT BID PAVING $ 4B6,275.65 C:\DOCUME-1\cadams\LOCALS-1\Temp\01371901.00B.doc B-2 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 the City of Fort Worth,Texas,in the event the contract and bond or bonds are not executed and delivered within the time above set forth,as liquidated damages for the delay and additional work caused thereby. T'he 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 ten 10 calendar days after issue of the work order, and to complete the contract within t 30 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. N:1JOB10137191Spec101371901.00B.doc B-3 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) Resp ctfully submitted, Mario inacolaSons Excavatin By: J es o' resi dre 10950 oad Frisco.TX 75034 Telephone: 214-387-3900 (Seal) Date: duly 20, 2005 C:\D000ME-1\cadams\LOCALS-1\Temp\Sinacola-Doc.doc B-1 axe,. NIT III: STORM DRAIN •- (Furnish and install, including all appurtenant work, complete in place, the following items) v Item Approx Unit Item Description Unit Price Total No. Quantity Measurement "D" Item reference Amount 1. 4 L.F. 54" Class III R.C. Pipe, Including Trench Excavation and Backfill, f Per Linear Foot: One Hundred Twenty Dollars & No Cents $120.00 $480.00 2. 174 L.F. 48" Class III R.C. Pipe, Including Trench Excavation and Backfill, 9. Per Linear Foot: One Hundred Eleven Dollars & No Cents $111.00 $19,314.00 R` 3. 289 L.F. 42" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot: Ninety Four Dollars & No Cents $94.00 $27,166.00 {! 4. 368 L.F. 33" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot: Sixty Dollars & No Cents $60.00 $22,080.00 .Y . N:\JOB\013719\Spec\01371901.00A.doc B-7 z' Approx Unit Item Description Unit Price Total Item Quantity Measurement "D" Item reference Amount No. 5. 174 L.F. 30" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per Linear Foot: Fifty Two Dollars & No Cents $52.00 $9,048.00 6. 33 Ea. 27" Class III R.C. Pipe, Including Trench Excavation and Backfill, Per.Each: Forty Four Dollars & No Cents $44.00 $1,452.00 7. 139 Ea. 21" Class III R.C. Pipe, Including l Trench Excavation and Backfill, Per Each: Thirty Four Dollars & No Cents $34.00 $4,726.00 8. 1,181 L.F. Trench Safety (Storm Drain), Per Linear Foot: No Dollars & Ten Cents $0.1;0 $118.10 N:\JOB\013719\Spec\01371901.00A.doc B-8 9 8 Ea. STD 15' Standard Curb Inlet, Per Each Two Thousand Nine Hundred Forty Dollars & No Cents $2,940.00 $23,520.00 10. 2 Ea. STD 10' Standard Curb Inlet, Per Each Two Thousand Four Hundred Twenty Dollars & No Cents $2,420.00 $4,840.00 1 Ea. 4' Square Manhole, 11. Per Each: Three Thousand One Hundred Dollars & No Cents $3,100.00 $3,100.00 12. 1 Ea. 5' Square Manhole, Per Each: Three Thousand Five Hundred Dollars & No Cents $3,500.00 $3,500.00 ...L NAJOB\013719\Spec\01371901.00A.doc B-9 13. 2 Ea 6' Square Manhole, Per Each: Four Thousand Two Hundred Fifty Dollars & No Cents $4,250.00 $8,500.00 14. 1 L.S. Storm Water Management (Maintenance of Construction Entrance/Exit and Silt Barriers and Installation of Stage One and Stage Two Inlet Protectors)*, Per Lump Sum: One Hundred Dollars & No Cents $ 100.00 $100.00 L TOTAL AMOUNT BID STORM DRAIN $ 127,944.10 � J N:\JOB\013719\Spec\01371901.00A.doc B-10 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 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 ten 10 calendar days after issue of the work order, and to complete the contract within thirty (30) working days after beginning 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) N:\JOB\013719\Spec\01371901.00A.doc B-12 r Respectfully submitted, Four D Construction, Inc. By: Jason J Daniels Title: Vice President of Operations Address 11200 Old Seagoville Road Balch Springs, Texas 75180 Ff Telephone. (972) 286-0094 (Seal) Date: June 10, 2005 u 2 r x Vis, _ .. ... ... .. N:\JOB\013719\Spec\01371901.00A.doc B-13 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 9 EA $ 2, 000 $0, 000 . 00 MID-BLOCK RESIDENTIAL 5 EA $ 2, 000 $0, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 5 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 0 EA $ 2, 500 $0, 000. 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $38,000 .00 City' s Cost $00,000 . 00 Developer' s Subtotal $38,000 .00 10% Contingency $3,800.00 Project Total $41,800.00 Adjacent Developer' s Cost $00,000 . 00 Developer' s Cost $41 ,800 .00 2% Inspection Fee $00,000 . 00 CFA CODE #2005099 DEVELOPER' S COST: $41,800.00 SENDERA RANCH, PHASE II-SEC IB Fort Worth, Texas August 12, 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 its 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: $41,800.00 SENDERA RANCH, PHASE II-SEC IB August 12, 2005 FORT WORTH, TEXAS CFA CODE #2005099 Page II of Exhibit C III "STREETLIGHTS" INTERSECTIONS RANCH HORSE RUN & BRIDAL LACTCH DR 1 RANCH HORSE RUN & SADDLEWOOD DR 1 RANCH HORSE RUN & VICTORY BELLS DR 1 DUSTY WAGON TRIS & HUNTER LAKE DR 1 BRIDAL HATCH DR & RED ROAN DR 1 RED ROAN DR & VICTORY BELLS DR 1 SADDLEWOOD DR & QUAILVIEW DR 1 SADDLEWOOD DR & BRAU JAKE CT 1 SADDLEWOOD DR & BLACKHAWK DR 1 MID-BLOCK VICTORY BELLS DR 1 BRIDAL HATCH DR 2 HUNTER LAKE DR 1 BLACKHAWK DR 1 CHANGE OF DIRECTIONS DUSTY WAGON TRL 1 RANCH HORSE RUN 1 BRIDAL HATCH DR 1 BRAU JAKE CT 1 SADDLEWOOD DR 1 SENDERA RANCH, PHASE II-SECTION IB Page III of Exhibit C . 4 _1:.� 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 $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 twelve (12) intersections at a cost to the Developer of $1,200.00: Hunter Lake Dr & Diamondback Lane Hunter Lake Dr & Dusty Wagon Tr Ranch Horse Run & Dusty Wagon Tr Ranch Horse Run & Victory Bells Dr Ranch Horse Run & Bridal Hatch Dr Ranch Horse Run & Saddlewood Dr Red Roan Dr & Victory Bells Dr Red Roan Dr & Bridal Hatch Dr Sendera Ranch Blvd & Saddlewood Dr Quail View Dr & Saddlewood Dr Saddlewood Dr & Beau Jake Ct Saddlewood Dr & Blackhawk Dr Sendera Ranch, Phase ll, Section 1 B CFA code: 2005099 August 10, 2005 N 0 LL vi ~ W O ` � s m�� Z V �o ism a w J Q � U N 1�•-I O F- d Z T bys 9 _� g MssHl � Ng < MSFk7 lv OWa31 All a 9 9 a s Qa a MOH .Oa 3Nn uNnoO svH - �OOH w "13 x as N — W f \ O s = 8 �J �-! 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