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HomeMy WebLinkAboutContract 31563 � .W, COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 2�15U� WHEREAS, Sundance Springs, Ltd., hereinafter called "Developer", desires to make certain improvements to Sundance Springs Addition —Phase I A, 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 DLH Jr. Land Company, its duly authorized General Partner, acting herein by and through D.L. Hudgins Jr., its duly authorized 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 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 paragr ) ilo , I Policy. RECEIVED 2001249J0-ta_TPWiCFA_04-0709.doc1 FT. WON,� ' Y � . SE 0 9 2004 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 damakes are caused, in whole or in part, by the alleged ne,-lizence 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 p (_JREP py 2001249-10-1 a_TPW_CFA_04-0709.doc 2 ' Offl, TV. Water(A)None; Sewer (A-1)None; Paving (B) attached; Storm Drain(B- 1) attached; Street Lights and Signs (C) attached. 2001249-10-1 a_TPW_CFA_04-0709.doc 3 Amok 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, B1, 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 $67,505.23. Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. Sidewalk cost is included under street cost. The home builder is responsible for installation of all sidewalks except sidewalks adjacent to Sycamore School Road and Hawkwood Trail. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing less 10% for contingency cost. (*) Represents City participation for construction fees based on actual cost. 3. City not preparing plans and specifications. CM SK,-INTIRY 2003249-10-1a_TPW_CFA_04-0709 4 FYI 9.-NR) SUMMARY OF COST Sundance Springs Addition Item Developer City Cost Total Cost Cost A. Construction 1. Streets $53,726.05 $ 53,726.05 2. Storm Drainage $6,855.90 $ 6,855.90 3. Street Lights $4,400.00 $ 4,400.00 4. Street Name Signs $100.00 $ 100.00 B. Engineering Design $ - C. Construction Engineering $ - and Management by DOE (4%) 1 $2,423.28 $ 2,423.28 TOTALS $ 67,505.23 $ - $ 67,505.23 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, and said Developer has executed this instrument in triplicate,at Fort Worth,Texas this the day of_ "j"_ , 2006 Approval Recommended: Transportation and Public Works Department FUQUIRED RobertGoode, P. E. Director ATTEST: City f Fort Worth �Y\ Marc Ott City SecreLdly Assistant City Manager A4ta eds to Fo i Attorney ATTEST: DEVELOPER Sundance Springs, Ltd. By: DLH, JR. Land Company A Texas Corporation Corporate Secretary Gener artner By: D.L. Hudgins, Jr. President E711-1-0�7ii � RECEIVED 2001249-10-1a TPWCFA04-0709.doc 5SEP 0 9 2004 SOUTH CREE PANTEG SOUTH PARK Y WINDING Laurel Land WURZBURG W ITEHURST 0 - Memorial ¢ ROYSTER LOMA � LAUREL HILL - Li Park � m CpUNTRY VISTA ¢ KELTON _ m SOUTH MEADOW w STAGECOACH � MANO AN ANT J z OpR w Of_ MEADOW M NDN E _ _ _ ?N\G NR�OG RIDGE z z X b RIDGE � o 0- PROJECT o w o MSP J SITE c^ Y z w ROARING F Lji w w ; [if _ ¢ o UJ ¢ ¢ = J S OOL SYCAM RE SYCAMORE � SA of CLARENDON 3 f H LL7 a SUNNY G F JO EA p PopL4R SPR NGS FP WOODLARK w Ec - rn = CLOVER tiff POINT z_ SYCAMORE f' SAN p Q F, o FOREST ADOI 0o STRIP WILLOW �P G GALE ME CR ff o z AIRPORT WILLOW rn ADO O Jz GREEN G CREEK Y m_ o WpBERRYB 0 NJN\SPER� O COU z F p1R o MEADOWS CREf� _ _ U gSHLEY SPICE c� WILD M\51-� VALLEY - ? HARVEST OON DAHLIA - COLDSTREAM _ RCH STER �� O I COLNSHIR YORKSHIRE CUNNINGHAM_ WOODHALL w SPRINGS O� n SO T WORTH G� 31 SOUTHVIEW LA T TI N _ VICINITY MAP SUNDANCE SPRINGS ADDITION RECEIVED PHASE lA J U N 10 20041 _ 2000' OU"AWAY 4. ` FORT NORr,0, yAS�j 4 p nI Q Z % ( C'4 j \ w2 Z < kms / 3 L ® 5 \ / FD I-- � § ¥ \ 6 /,C".j � \ o � � s» O v . 2 7 ® ? 3 ƒ , � � . / & ? ? � �Z 2 o1 � 0- 0 CL 4 \y \ � % IN, \ c ®IN \7 % \ / i \ \ y § §/ 4 e U m \/ Q) / w < r /» � � \ \ N ® 7 @ . � \ \ =w m a 9 m n M /g j + . j \ iE o 3 % g 5 cn §\ � � � a 7 co 2 _ . \ 3 . ƒ � 2 / / gCD cn � \ § © < . / < 44 \ \ 0 q ® \» / / O g = aC ! � Li 7 j� " _. l,+ V) Y1nli /NVM, V) 14 i �WNzzz Z U a �5 � W Liy it ¢ ayo U o � Q) o L.J W J N g 2 �I Z X D > Lli - 0 OD p (i OOf0, Oj O � 's O � oLL- o � - - O J QLN = cl, N � O Q mo (2 ? f a�win �r � ^ � - q A � � o O � c)� Z V)t10 3z cc Lu = cr) Q W CQ hyo ° N e V � � Z � ? O � � vW � cJ C) op _ Z I O ? W 0I I Lo W m O00 U {u- -? a xil try, o W -�L] o V U Q LliW h Tom. O;J L J a- 0 > 0> < W k � �a `� A § . a \ 7 ( } § ® < � \ § � 0- LLJ 01- Ln - O 0:� qLLJ 2 \ 7 O y � Cf) < > ? 0 ƒ O LL. L ƒ a % O Q § @2 U § % vt � �\ « & Lj\ w \ � ~ Lo u Q R Q m � /\ ^ Q) }R /\ / \CIO \� 7 4\ Qw m /\ \ ~ 5 . � \ \ 4 u \� rl- f cn /\ � 2 I G \ ) ) ƒ7 qq % q © . , I 2 D c o ® o ® $ ( $ ? & q > 2 / \ � qqq � . A SECTION C - DRAINAGE IMPROVEMENTS PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 1. 49 LF 21-inch Class III RCP(complete in place with trench excavation and trench compaction) Thirty-eight Dollars and No Cents per LF $ 38.00 $ 1,862.00 2. 1 EA 10-foot curb inlet(complete in place) Two Thousand One Hundred Dollars and Cents per EA $ 2,100.00 $ 2,100.00 3. 1 EA 21-inch sloped Type"A"headwall(complete in place) One Thousand One Hundred Dollars and No Cents per EA $ 1,100.00 $ 1,100.00 4. 15 SY 12"to 18"rock rubble rip-rap Sixty Dollars and No Cents per SY $ 60.00 $ 900.00 5. 14 SY 3.5'wide concrete pilot channel(complete in place) Sixty Dollars and No Cents per SY $ 60.00 $ 840.00 6. 49 LF Trench backfill density testing No Dollars and Seventy Cents per LF $ 0.70 $ 34.30 7. 49 LF Trench safety No Dollars and Forty Cents per LF $ 0.40 $ 19.60 SUBTOTAL UNIT II, SECTION.0-DRAINAGE IMPROVEMENTS $ 6,855.90 S 2003249-10 spec ssongs PartB 04-o6_JWM.doc S -4 .f. Ift, SECTION D - PAVING IMPROVEMENTS PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 1. 1,343 SY 6-inch lime stabilized subgrade Three Dollars and Eighty-five Cents per SY $ 3.85 $ 5,170.55 2. 20 TN Lime @ 30 lbs/SY One Hundred Dollars and No Cents per TN $ 100.00 $ 2,000.00 3. 1,301 SY 6-inch concrete pavement silicone joint sealing and 7-inch curb Twenty-nine Dollars and Fifty Cents per SY $ 29.50 $ 38,379.50 4. 276 SY 4'wide—4"thick concrete sidewalk(Hawkwood Trail& Sycamore School Road)(complete in place) Twenty-six Dollars and No Cents per SY $ 26.00 $ 7,176.00 5. 1 LS Pavement Testing One Thousand Dollars and No Cents per LS $ 1,000.00 $ 1,000.00 SUBTOTAL UNIT II, SECTION D—PAVING IMPROVEMENTS $ 53,726.05 ` pq 2000249-10 Spea_SSpdngs Pane 04-06_JWM.doc B -5 i FINAL BID SUMMARY SECTION A—WATER IMPROVEMENTS $ 17,495.50 SECTION B—SEWER IMPROVEMENTS $ 21,728.00 SECTION C— DRAINAGE IMPROVEMENTS $ 6,855.90 SECTION D— PAVING IMPROVEMENTS $ 53.726.05 BONDS $ 3,500.00 TOTAL AMOUNT BID $ 103'305.45 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 undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Project 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 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 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, and to complete the contract within 30 working days after beginning construction as set forth in the written work order to be furnished by the Owner. Receipt is acknowledged of the following addenda: Addendum No. 1 Respectfully submitted, Addendum No. 2 Addendum No. 3 Burn onstruction Inc. (SEAL) If bidder is Corporation By. Name: Jo n Burns Title: President 4200 S. Hulen Street Suite 513 i Fort Worth, Texas 76109 (817) 738-3200 (Address & Telephone Number) 2003249-10 Spm SSp(1nps_Pan8 04.06_JWM.doc B-6 _ I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 1 EA $ 2, 000 $2, 000 . 00 MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2 , 000 $2 , 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 $4, 000.00 City' s Cost $00, 000 .00 Developer' s Subtotal $4, 000.00 10% Contingencies $0, 400. 00 Project Total $4,400. 00 Adjacent Developer' s Cost $0, 000 .00 Developer's Cost $4, 400. 00 2% Inspection Fee $0, 000. 00 (CFA CODE 2004090) DEVELOPER' S COST: $4,400. 00 SUNDANCE SPRINGS ADDITION, PHASE I A July 12, 2004 Fort Worth, Texas July 26, 2004 PAGE I OF Exhibit C �• TN F a N:�,r�„ 1� RIF 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: $4,400.00 SDNDANCE SPRINGS ADDITION, PHASE I A July 12, 2004 FORT WORTH, TEXAS (CFA CODE 2004090) Page II of Exhibit C III. "STREETLIGHTS" INTERSECTIONS HAWRWOOD TRL & COURT B 1 CHANGE OF DIRECTIONS COURT B 1 SUNDANCE SPRINGS ADDITION, PHASE I Page III of Exhibit C 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 one (1) intersections at a cost to the Developer of $100.00 : Hawkwood Tr & Court "B" Sundance Springs Phase lA CFA code : 2004090 Date: June 28, 2004