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HomeMy WebLinkAboutContract 33014 �T Y SECRETARY C'UNTFRACT COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, One SR, L.P. , hereinafter called "Developer", desires to make certain improvements to Sendera Ranch Phase I Section 3A , 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 II, 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 th CFA REVISED FORMAT WITH 4% 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 dama,Zes 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). 1. 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 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 $961,324.01. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $574,292.85 574,292.85 2. Storm Drainage $304,864.85 304,864.85 3. Street Lights $46,200.00 46,200.00 4. Street Name Signs $800.00 800.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 2%) 35,166.31 35,166.31 TOTALS 961,324.01 $ - 961,324.01 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%.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, a d said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the aay of dbeca -% 2/` 2Q�dr Approval Recommended: Transportation and Public Works Department v� FNO M&C REQUIRED Robert Goode, P. E. Director ATTEST: O. ort Wo U1 ! Marc Ott City Secretary Assistant City Manager Approved as to Form: As 'stan 4ttomey ATTEST: DEVELOPER One SR L.P. a Texas Limited Partnership Centamtar Terras, L.L.C. A Texas Limited Liability General Partner By: Corporate Secretary Mehrdad Moayedi 'RECEIVED JUN 15 2W4 CFA REVISED FORMAT WITH 4% 4 ' s QQ SH 114 Q? G'�'O FM 156 JOHN DAY r - c^�y� Qo - ci PROJ ECT Z LOCATION a INTER COAL P AIRPOR l Q 3 a w � ~ J Q m 3 Willow SpAngs ¢ Goff Course ....I HWY... cc AVO DALE HA3LET RD. 0 r 0 M 0 -- x BLUE MOUND E Gf a G COUNTRY PEDEN RD. v Z Futile Development a Bonds Ranch x m I ? LE VD. - N NOT TO SCALE LOCATION MAP SENDERA RANCH PHASE I - S N 3A Carter Burgess CARTER & BURGESS,INC. 777 MAIN STREET FORT WORTH.TX 76102 (817)735-6000 PROJECT NO. 011975.010. 1.0001 DCN=q-\Job\ 011975\civ\ 9751cfa.dgn PACE 1 OF 6 N SCALE1 1" = 300' sem J7 R f a• i• • II It l fL � _ • 89 J 1 7 � ' ze 27 Z2 r •qp s n fe 11 •rJ• 6 V - 3• r r Ss �� ! . o c if re 8i rJ Is �2 ,,pp•• a rr q� ° SI O IS r ` ® 13 q • JJ 7 J 71 1e » ] ?T �-• 11 17 Is Q SJ Ja G s jr lo is _ n 2a . d ' l? l 24 21 • m SJ iI._ • d e 2f O 1 1 J I f] y re / lr RODEO DATE• f -- DRIVE r re a LEGEND STREETS PROP. 29' B/B EXHIBIT 'B' ROADWAY/50' ROW SENDERA RANCH II PHASE I - SECTION 3A SENDERA RANCH BLVD. Yz 130' ROW PROP. 4" SIDEWALK ••••••••••••••••••• Carter Burgess� CARTER & BURGESS,INC. 777 1"N STREET I M I T S O F PROJECT — — — — ( 7)70000 76,E TX I_ PROJECT NO. 011975.010. 1.0001 OGN=p.\Job\ 011975\clv\ 9751cfa.dgn PACE 4 OF 6 N SCAL Ei 1" = 300' 103 .. 4,MH` ! 6 .y it i - ?• 78 i ze t `-Y^ i 24" t zs i1 cg- MH 3 " O 4'M it 3.. MH ze � rp 30"" 4r J 30" '�� �r � re e re O zz " •• p n n 6'MH �'• ..��' n 1 4 n JJ If O zp LA J s n .p 10, 6'MH. J ® ro 13 Q JJzi r e it ] Z3 � t r ,p n rJ 14 zJ 60"HOWL\ e 2 ie \ zs 0 24 zr/ — 01 m 23 .I IL _ I d y 21/ zz e m ie 'MH re � _ 3 _ — 24 - RODEO DAZE z 39"HDSL DRWE r re� 30"HOWL y STORM DRAIN LEGEND EXHIBIT 'B-l' PROP. STORM DRAIN LINE SENDERA RANCH PROP. I NLET l PHASE I - SECTION 3A PROP. MANHOLE PROP. HEADWALL y' tl��l�; �� ��J Carter : Burgess EXIST. STORM DRAIN LINE _ __ CARTER 8 BURGESS,INC. 777 MNN STREET LIMITS OF PROJECT � � �" ' •> L'" II•I""� j ��e FORTOKrHH.TX761G2 PROJECT NO. 011975.010. 1.0001 DCN=O-\lob\ 011975\clv\ 9751cfa.dgn PACE 5 OF 6 N SCALE1 1" = 300' 7 H .z II fs 46 ® J zs r ...j r N le I • r ` •.,p IJ . rs /�:: 11 7 • f .o 19 31 \ 10 lr 9 IJ 42 IS O 7 0 11 JJ t0 .I /a e Iz 1• f 9 19 10 ® IO 1J Is is r sa B 23 1 zI a G ` sr � \v- J I y is s n 11 OG r Ir zI D to u � rs Id a tt rl I I s rs � le —-- Ir RODEO DAZE t - ---' DRIVE PP l a e STREET LIGHTS LEGEND EXHIBIT 'C' PROP. SINGLE STREET LIGHT • SENDERA RANCH EXIST. SINGLE STREET LIGHT PHASE I - SECTION 3A ( ON STEEL POLE WITH STREET AND STOP SIGNS ATTACHED) PROP. STREET SIGN ��� "'�'-c' u� 7, Carter -Burgess r.. 7T �e�e EXIST. STREET SIGN Q CARTER & BURGESS,INC. 777 AWN STREET LIMITS OF PROJECT FORT WORTH.T%76102 18171735-6000 PROJECT NO. 011975.010. 1.0001 1CN=ae\lob\ 011975\civ\ 9751cfa.dan PACE 6 OF 6 PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: ONE SR, L.P. Fort Worth, Texas DEVELOPER MARCH 2004 c/o CARTER & BURGESS, INC. FOR: STREET IMPROVEMENTS FOR SENDERA RANCH, PHASE I, SECTION 3A D.O.E. NO. 4344 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: NAJ081011975\specs1011975.010a.doc P-1 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID STREET IMPROVEMENTS 210 1. 28,032 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of One Dollar& Fifty-five Cents per Square Yard $1.55 $43,449.60 212 2. 421 TON Lime for Subgrade (30#/S.Y.)* complete in place for the sum of Seventy Dollars & No Cents per Ton $70.00 $ 29,470.00 314 3. 20,679 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb), complete in place for the sum of Sixteen Dollars & Thirty-five Cents per Square Yard $16.35 $338,101.65 314 4. 6,493 S.Y. 8" Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb), complete in place for the sum of Twenty Dollars & Twenty Cents per Square Yard $20.20 $131,158.60 ills T IK, N:\JOB\011975\specs\011975.010a.doc P-2 r� •. p SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM IT QUANTITY PRICES WRITTEN IN WORDS PRICE BID 5 859 S.Y. 4' Sidewalk, complete in place for the sum of Twenty-seven Dollars & No Cents per Square Yard $27.00 $23,193.00 6. 4 EA. Sidewalk Ramps, complete in place for the sum of Seven Hundred Dollars & No Cents per Each $700.00 $2,800.00 7. 1 L.S. Pavement Markings, complete in place for the sum of Two Thousand Dollars & No Cents per Lump Sum $2,000.00 $2,000.00 8. 4 EA. Standard End of Road Barricade, complete in place for the sum of Seven Hundred Fifty-five Dollars & No Cents per Square Yard $755.00 $3,020.00 9. 1 L.S. Storm Water Management, complete in place for the sum of One Thousand One Hundred Dollars & No Cents per Lump Sum $1,100.00 $1,100.00 TOTAL STREET IMPROVEMENTS --- $574,292.85 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. NAJOB\011975\specs\011975.010a.doc P-3 1 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 within 35 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 C rete Inc. By: S Jea Boney t; Title: President Address: 3340 Roy Orr Boulevard Grand Prairie, 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:1JOB\011975\specs\011975.010a.doc P-4 nr I,I SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION C - STORM DRAIN SYSTEM 1. 521 L.F. 60" Class III R.C. Pipe (Sendera Blvd.), Including Trench Excavation and Backfill, complete in place for the sum of One Hundred Forty-One Dollars & Eighty Cents per Linear Foot $141.80 $73,877.80 2. 99 _L.F. 54" Class III R.C. Pipe (Sendera Blvd.), Including Trench Excavation and Backfill, complete in place for the sum of One Hundred Twenty-three Dollars & No Cents per Linear Foot $123.00 $12,177.00 3. 275 L.F. 48" Class III R.C. Pipe (Sendera Blvd.), Including Trench Excavation and Backfill, complete in place for the sum of Ninety-five Dollars & No Cents per Linear Foot $95.00 $26,125.00 4. 495 L.F. 39" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Seventy-two Dollars & Eighty Cents per Linear Foot $72.80 $36,036.00 N:WOB\011975\specs\011975.010b.doc P-10 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 5. 192 L.F. 33" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Forty-eight Dollars & Forty Cents per Linear Foot $48.40 $9,292.80 6. 461 L.F. 30" Class III R.C. Pipe (Sendera Blvd.), Including Trench Excavation and Backfill (Sendera Blvd.), complete in place for the sum of Forty-four Dollars & Forty Cents per Linear Foot $44.40 $20,468.40 7. 911 L.F. 30" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Forty-two Dollars & Forty Cents per Linear Foot $42.40 $38,626.40 440 8. 10 L.F. 24" Class III R.C. Pipe (Sendera Blvd.), Including Trench Excavation and Backfill (Sendera Blvd.), complete in place for the sum of Thirty-three Dollars & Fifty Cents per Linear Foot $33.50 $335.00 N:WOB\011975\specs\011975.010b.doc P-11 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 440 9. 324 L.F. 24" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Thirty-Three Dollars & Sixty Cents per Linear Foot $33.60 $10,886.40 525 10. 3,288 L.F. Trench Safety No Dollars & Ten Cents per Linear Foot $0.10 $328.80 444 11. 2 Ea. 20`Standard Curb Inlet, complete in place for the sum of Three Thousand Three Hundred Fifty Dollars & No Cents per Each $3,350.00 $6,700.00 12. 7 Ea. 15' Standard Curb Inlet, complete in place for the sum of Two Thousand Eight Hundred Twenty Dollars & No Cents per Each $2,820.00 $19,740.00 444 13. 1 Ea. 10' Standard Curb Inlet, complete in place for the sum of Two Thousand Two Hundred Fifty Dollars & No Cents per Each $2,250.00 $2,250.00 N:\JOB\011975\specs\011975.010b.doc P-12 _' -� SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 14. 1 Ea. Recessed 15' Cbrb Inlet (Senders Blvd.), complete in place for the sum of Three Thousand Twenty-five Dollars & No Cents per Each $3,025.00 $3,025.00 15. 1 Ea. Recessed 10' Curb Inlet (Senders Blvd.), complete in place for the sum of Two Thousand Five Hundred Dollars & No Cents per Each $2,500.00 $2,500.00 16. 6 Ea. Standard 4' Square Manhole, complete in place for the sum of Two Thousand Seven Hundred Dollars & No Cents per Each $2,700.00 $16,200.00 17. 1 Ea. Standard 5' Square Manhole, complete in place for the sum of Three Thousand Two Hundred Dollars & No Cents per Each $3,200.00 $3,200.00 18. 2 Ea. Standard 6' Square Manhole, complete in place for the sum of Two Thousand Six Hundred Dollars & No Cents per Each $2,600.00 $5,200.00 1 N:WB\011975\specs\011975.010b.doc P-13 7 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 19. 1 Ea. Standard 30" T�pe B Headwall, complete in place for the sum of One Thousand Fifty Dollars & No Cents per Each $1,050.00 $1,050.00 20. 1 Ea. Standard 39" Type B Headwall, complete in place for the sum of One Thousand Five Hundred Thirty Dollars & No Cents per Each $1,530.00 $1,530.00 21. 1 Ea. Standard 60" Type B Headwall (Sendera Blvd.), complete in place for the sum of Two Thousand Eighty Hundred Dollars & No Cents per Each $2,800.00 $2,800.00 22. 200 L.F. Channel Excavation (Sendera Blvd.), complete in place for the sum of Twenty Dollars & No Cents per Linear Foot $20.00 $4,000.00 440 23. 87 S.Y. Rock Rubble Rip Rap (12"-18" Diameter), complete in place for the sum of Forty-two Dollars & Fifty Cents per Square Yard $42.50 $3,697.50 N:\JOB\011975\specs\011975.010b.doc P-14 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 24. 65 S.Y. Grouted Rock Flip Rap (12"-18" Diameter), complete in place for the sum of Fifty-eight Dollars & Seventy-five Cents per Square Yard $58.75 $3,818.75 25. 2 EA. Storm Water Management, complete in place for the sum of Five Hundred Dollars & No Cents per Square Yard $500.00 $1,000.00 SECTION C --- STORM DRAIN SYSTEM $304,864.85 SectionA-Water.......................................................................................... $171,986.60 Section B - Sanitary Sewer.......................................................................... $271,128.52 Section C - Storm Drain............................................................................... $304,864.85 TOUL $747,979.97 N:\JOB\011975\specs\011975.010b.doc P-15 7o 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 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 within 10 calendar days after issue of the work order by the Owner, and to complete the contract within 40 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. N:\JOB\011975\specs\011975.010b.doc 13- 16 Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum.No. 2 Addendum No. 3 t Respectfully submitted, ,(.SEAL ) Jaso J. Danie BY: If Bidder is Corporation. 1 TITLE: V e President of Operations. ADDRESS: 1 1M Old Seagoville Road Balch Springs, TX 75180 i N:\.JOB\0119751specs\011975.010b.doc P-17 ia5] -,'Pf 1I �j