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HomeMy WebLinkAboutContract 32503 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Centex Homes, a Nevada General Partnership, hereinafter called "Developer", desires to make certain improvements to Presidio Village, Phase 2A, D.O.E. #4819, 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: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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 the Policy. Presidio Village Ph IIA-New CFA 4% and Utilities 03 23 05.doc 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 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. Presidio Village Ph IIA-New CFA 4% and Utilities 03 23 05.doc 2 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. M. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. 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 $658,866.05. Presidio Village Ph. IIA-New CFA 4% and utilities 03 23 05.doc , SUMMARY OF COST Presidio Village Phase IIA Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $463,939.60 463,939.60 2. Storm Drainage $124,200.83 124,200.83 3. Street Lights $46,200.00 46,200.00 4. Street Name Signs $1,000.00 1,000.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ (4%) 23,525.62 23,525.62 TOTALS 658,866.05 $ - 658,866.05 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. 4. Harmon Road constructed under Presidio Village Phase I. Presidio Village Ph. IIA-New CFA 4% and Utilities 03 23 05.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, and said D vel per has executed this instrument in triplicate, at Fort Woith,Texas this the ay of n , , 2005. Approval Recommended: Transportation and Public Works Department 0 Robert Goode, P. E. Director it rt W Marc Ott ! NO M&C Ry'Quin-ft Assistant City Manager ATTEST: Y Centex Homes Marty Hen d x A Nevada General Partnership City Secretary DEVELOPER Approved as to Form: By: Centex Homes Real Estate Corp. A Nevada Corporation Its Managing General Partner By: Steve Magee Its Senior Vice President—Real Estate 2kts'1s6n C1 At orney DFW M By: 4 Da e: 4 ATTEST: C - C Corporate Secretary Presidio Village Ph IIA-New CFA 4% and Utilities 03 23 05.doc PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: CENTEX HOMES DEVELOPER c/o CARTER & BURGESS, INC. PROPOSAL FOR: WATER, SANITARY SEWER AND STORM DRAIN FACILITIES FOR TIMBERLAND, PHASE IB WATER PROJECT NO, P164-060164015298 SEWER PROJECT NO. P174-0717401332 DEPARTMENT OF ENGINEERING NO. 4819 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of a water distribution system, a sanitary sewer system, a storm drain system 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:WOB\011995\specs\01199sol.nPna1 r+nn o UNIT III : STORM DRAIN SYSTEM (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 :) SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 440 1. 209 L.F. 39" Class III R.C. Pipe Including Trench 402 Excavation and Backfill, Per Linear Foot: Ninety Seven Dollars & No Cents per Linear Foot $97.00 $20,273.00 440 2. 396 L.F. 30" Class III R.C. Pipe Including Trench 402 Excavation and Backfill, Per Linear Foot: Sixty Dollars& NO Cents per Linear Foot $60.00 $23,760.00 444 3. 2 Ea. 15' Standard Curb Inlet, Per Each: Two Thousand Eight Hundred Dollars & No Cents per Each $2,800.00 $5,600.00 410 4. 1 Ea. 4' Square Storm Drain Manhole, Per Each: Two Thousand Five Hundred Dollars & No Cents per Each $2,500.00 $2,500.00 410 5. 1 Ea. 39"R.C. Pipe Sloping Headwall, Per Each: Two Thousand Dollars & No Cents per Each $2,000.00 $2,000.00 NAJOB\011995\specs\01199501.020A1.doc B-11 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 410 6. 2 Ea. 30" R.C. Pipe Sloping Headwall, Per Eac: One Thousand Seven Hundred Dollars & No Cents per Each $1,700.00 $3,400.00 7. 466.2 S.Y. Rock Rubble Rip Rap, Gradation Class "facing", Per Square Yard: Fifty Five Dollars & No Cents per Square Yard $55.00 $25,641.00 8. 1 Ea. Restriction Plate for Headwall, Per Square Yard: Five Hundred Dollars & No Cents per Square Yard $500.00 $500.00 9. 645 S.Y. Rock Rubble Rip Rap, 12"-15" Gradation, Per Square Yard: Fifty Dollars & No Cents per Square Yard $50.00 $32,250.00 10. 72 S.Y. Rock Rubble Rip Rap, 6"-12" Gradation, Per Square Yard: Forty Six Dollars & No Cents per Square Yard $46.00 $3,312.00 525 11. 605 L.F. Trench Safety No Dollar& Thirty Cents per Linear Foot $0.30 $181.50 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 12. 1 L.S. Storm Water Management Two Hundred Fifty Dollars & No Cents per Lump Sum $250.00 $250.00 13. 1 L.S. Performance,Payment, Maintenance Bond Four Thousand Five Hundred Thirty Three Dollars & Thirty Three Cents per Lump Sum $4,533.33 $4,533.33 UNIT III - - - STORM DRAIN SYSTEM: $124,200.83 SUMMARY Unit I Water System $ 216,403.24 Unit H Sanitary Sewer System $ 344,818.43 Unit III Storm Drain System $ 124,200.83 Total Amount of Bid $� n1•\ InChAl IQ0r-k— a\r\11005l11 117r%Ai A^- C7_1 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. 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 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 10 calendar days after issue of the work order, and to complete the contract within 70 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. .x B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. -- - -__. ---.. � 4. 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, Bumsco Construction, Inc. B : Title Address 4200 S. Hulen Street, Suite 573 Forth Worth, TX 76109 Telephone: 817 738-3200 (Seal) Date: PART B —PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: Centex Homes Developer c/o Carter & Burgess, Inc. PROPOSAL FOR: Street Improvements for Presidio Village, Phase IIA D.O.E. NO:. 4819 FILE NO:. W-1639 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of street improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: Presidio Village, Phase IIA Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, aPA the General Contract Documents and General Specifications for Water Department Projects, the General Contract Documents and General specifications for Transportation and Public works 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 Department of Engineering 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: NA ICER\011995\soecs\011995.020C.doc B-1 UNIT I: PAVING 114PROVEMENTS (Furnish and install, including all appurtenant work, complete in place, the following items) SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 210 1. 19,044 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), Per Square Yard: One Dollar & Forty Five Cents $1.45 $27,613.80 212 2. 286 Tons Lime for Subgrade (30#/S.Y.)* Per Ton: Ninety Five Dollars & No Cents per Ton $95.00 $27,170.00 314 3. 18,436 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer, and 7" STD Attached Concrete Curb), Per Square Yard: Nineteen Dollars & Thirty Cents $19.30 $355,814.80 4. 42 S.Y. Saw Cut, Remove, and Dispose Concrete Curb and Gutter, Per Square Yard: Forty Five Dollars & No Cents $45.00 $1,890.00 5. 16 EA. ADA Sidewalk Ramps, Per Each: Seven Hundred Fifty Dollars & No Cents $750.00 $12,000.00 hl•1 1r1 Q1t111!\n G\......_..gni annr nnnr. �__ — - SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 6. 8,817 S.F. 4' Sidewalks, Per Square Foot: Three Dollars & No Cents $3.00 $26,451.00 7. 4 EA. End of Road Barricade, Per Each One Thousand Five Hundred Dollars & No Cents $1,500.00 $6,000.00 8. 1 L.S. Payment, Performance and Maintenance Bonds Seven Thousand Dollars & No Cents per Lump Sum $7,000.00 $7,000.00 TOTAL AMOUNT BID STREET IMPROVEMENTS $ 463,939.60 N:\,JOB\011995\specs\011995.020C.doc B-3 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. 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 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 10 calendar days after issue of the work order, and to complete the contract within 50 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. AI—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, Gilcd',Contracting, Inc B ale R. Gilreath Title President Address 4200 S. Hulen Street, Suite 513 Fort Worth, TX 76109 Telephone: (Seal) / Date: J NJA.IOR\ni IQQSXcnc cMI tool nonrr 4— o I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 8 EA $ 2, 000 $16, 000 . 00 MID-BLOCK RESIDENTIAL 9 EA $ 2, 000 $18, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2, 000 $8, 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 $42,000. 00 City's Cost $00,000 . 00 Developer's Subtotal $42 ,000. 00 10% Contingencies $4,200 . 00 Project Total $46,200.00 Adjacent Developer's Cost $00,000.00 Developer' s Cost $46,200.00 2% Inspection Fee $00,000.00 CFA CODE #2005034 DEVELOPER' S COST: $46,200 . 00 PRESIDIO VILLAGE, PHASE II-A March 21 , 2005 Fort Worth, Texas March 21, 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: $46,200.00 PRESIDIO VILLAGE, PHASE II-A March 21, 2005 FORT WORTH, TEXAS CFA CODE #2005034 Page II of Exhibit C III . "STREETLIGHTS" INTERSECTIONS HERITAGE TRACE PKWY & SILLS WAY 1 HERITAGE TRACE PKWY & CARRIER DR 1 GRAND RAPIDS DR & BOLD DR 1 CLAIBORNE DR & CARRIER DR 1 HORSEBACK TRL & BOLD DR 1 BURNSIDE DR & SILLS WAY 1 BARRACKS DR & SILLS WAY 1 HORSEBACK TRL & SILLS WAY 1 MID - BLOCK HORSEBACK TRL 2 BARRACKS DR 2 BURNSIDE DR 2 CLAIBORNE DR 2 GRAND RAPIDS DR 1 CHANGE OF DIRECTIONS BURNSIDE DR 2 CLAIBORNE DR 2 PRESIDIO VILLAGE, PHASE II - A 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. 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