HomeMy WebLinkAboutContract 32317 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
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COUNTY OF TARRANT § Contract No 1
WHEREAS, D.R. Horton — Texas, Ltd., hereinafter called "Developer", desires
to make certain improvements to Winchester Park Phase I, 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 Don Allen, its duly authorized
Assitant Secretary of D.R. Horton Inc. a Delaware Corporation, Authorized Agent
for D.R. Horton —Texas, Ltd. a Texas limited partnership, 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:
1. 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.
CFA-tpw-ph 1 1
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 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.
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CFA-tpw-ph1 2
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 (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, 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, 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 $1,989,752.10.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $993,315.10 $ - $993,315.10
2. Storm Drainage $836,061.00 $ - $836,061.00
3. Street Lights $85,800.00 $85,800.00
4. Street Name Signs $1,400.00 $1,400.00
B. Engineering Design $
C. Construction Engineering $73,176.00 $73,176.00
and Management by DOE 4%
TOTALS $1,989,752.10 $ - $1,989,752.10
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
CFA-tpw-phl (3).doc 3
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, and said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the day of
a4� -, 2005.
Approval Recommended:
Transportation and Public Works
Department
NO M&C REQUIREDf Robert P. E.
Director
ATTEST: City Of For,Worth
V`
By: _
Marc Ott
City Secretary Assistant City Manager
Appro 0/d as to Form:
ssistant i Att ev
DEVELOPER
D.R. Horton—Texas, LTD.,
a Texas limited partnership,
By: D.R. Horton, Inc.
ATTEST: a Delaware Corporation
its Authorize gent
By:
Corporate Secretary Do E. Allen, Assistant Secretary
CFA-tpw-ph 1 4
PART B -PROPOSAL
This proposal must not be removed from this book of Contract Documents. RE C I p
TO: D.R. HORTON-TEXAS, LTD.
DEVELOPER
c/o CARTER & BURGESS, INC.
PROPOSAL FOR: STREET IMPROVEMENTS FOR
WINCHESTER PARK PHASE I
FILE NO. W-1666
D.O.E.NO. 4903
X-16497
Includes the furnishing of all materials, except materials specified to be famished 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:
Winchester Park Phase I
Street Improvements
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 fiunished 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:
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UNIT IV: PAVING IMPROVEMENTS
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following
items)
1. 40,502 S.Y. 6"Lime Stabilized Subgrade(Included
Preparation of Subgrade).
Per Square Yard
Two Dollars &
No Cents $2.00 $81,004.00
2. 608 Ton Lime for Subgrade (30#/S.Y.)*
Per T„
Ninety Eight Dollars.&
No . Cents $98.00 $59,584.00
3. 14,612 S.Y. 7"Reinforced Concrete Pavement
(Includes Joint Sealer and 7" STD
Attached Concrete Curb).
Per Square Yard
Nineteen Dollars &
Eighty Cents $19.80 $289,317.60
4. 24,408 S.Y. 6"Reinforced Concrete Pavement
(Includes Joint Sealer and 7" STD
Attached Concrete Curb).
Per Square Yard
Nineteen Dollars &
Forty Cents $19.40 $473,515.20
N:\JOB\013838\Spec\013838010.B.doc B-2
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5. 270 S.Y. Temporary Asphalt Pavement
Per Square Yazd
Forty Dollars &
No Cents $40.00 $10,800.00
6. 4,921 L.F. 4' Sidewalk. Complete in Place for the
Per Square Yi -LPneart
Thirteen Dollars &
Seven Cents $13.70 $67,417.70
7. 2 Ea. Sign R2-1
Per F'c-h
Two Hundred Eighty Dollars &
No Cents $280.00 $560.00
8. 1 Ea. Sign W9-2R
Per Eea 1,
Two Hundred Eighty Dollars
No Cents $280.00 $280.00
9. 1 Ea. Sign W4-2L
Per Square Yard. Eacf,
Two Hundred Eighty Dollars
I
No Cents $280.00 $280.00
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10. 1 Ea. Sign R4-7A
Per$ d E�ct►
Two Hundred Eighty Dollars &
No Cents $280.00 $280.00
11. 1 Ea. Sign R2-5A-1
Per Squafe-YaFd mac h
Two Hundred Eigthy Dollars &
No Cents $280.00 $280.00
12. 505 Ea. Type W-4 Pavement Markers.
Per Se-Yar-d Eac x
Two Dollars &
TbjM Cents $2.30 $1,161.50
13. 201 Ea. Type U-AA-4 Pavement Markers.
Per Sq�ua;:e Yafjc=1,
Three Dollars &
Twen Cents $3.20 $643.20
14. 200 Ea. Type U-CR-4 Pavement Markers.
Per Stead-Ej°-A
Three Dollars &
Twenty Cents $3.20 $640.00
15. 553 Ea. Type Y-4 Pavement Markers.
Per Feet
Two Dollars &
Thilty Cents $2.30 $1,271.90
N:\JOB\013838\Spec\Oi3838010.B.doc B-4
16. 28 L.F. Construct End of Road Barricade.
Per Liee��f
Thirty five 7 Dollars &
No Cents $35.00 $980.00
17. 5 Ea. Remove Existing Barricade
Per SquaFe
�a C j'L
Four Hundred Dollars &
No Cents $400.00 $2,000.00
18. 1 L.S. Storm Water Management.
Per Lump Sum
Three Thousand
Three Hundred Dollars &
No Cents $3,300.00 $3,300.00
TOTAL AMOUNT BID PAVING IMPROVEMENTS $ 993,315.10
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N:\JOB\013838\Spec\013838010.B.doc B-5
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 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 ernployee 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.
NAJ0B\013838\Spec\013838010.B.doc B-6
The Bidder agrees to begin construction withicalendar days after issue of the work
order, and to complete the contract withinal"endar days after beginning construction
as set forth in the written work order to be famished by the Owner.
(Complete A or B below, as applicable:) t
A. The principal place of business of our company is in the State of
I
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.
i
N:\JOB\013838\Spec\013838010.B.doc B-7
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:
t
Addendum No. 1 (Initials) Addendum No. 3 (Initials)
Addendum No. 2 (Initials) Addendum No. 4 (Initials)
Respectfully submitted,
Rodman Paving
By �C
Title
Address
6831 Ash Street
Frisco, TX 75034
Telephone: (972) 335-4510'
I
(Seal)
Date:
N:\JOB\013838\Spec\013838010.B.doc B-8 rl L.
C&B No. 013838.010
CARTER:& BURGESS lNc
47-7.MAIN STl r~r:�i' f31 `f t 1 TwH l XA 7fr'102 .
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CFA Estimate for:
WINCHESTER PARK PH . I
May 16, 2005
STORM DRAIN SYSTEM
Item No. DESCRIPTION QTY UNIT PRICE AMOUNT
1 4-10'x10' Multiple Box Culvert 97 L.F. 1,459.00 141,523.00
2 3-8'x5' Multiple Box Culvert 120 L.F. 788.00 94,560.00
3 6'x4' Sin le Box Culvert 287 L.F. 219.00 62,853.00
4 4'x3' Sin le Box Culvert 117 L.F. 161.00 18,837.00
5 Straight Wings for 4'x3' SBC 1 L.S. 7,000.00 7,000.00
6 Parallel Wings for 3-8'x5' MBC 1 L.S. 40,000.00 40,000.00
7 Modified Straight Wings for 4-10'x10' 1 L.S. 40,000.00 40,000.00
8 Modified Parallel Wings for 4-10'x10' 1 L.S. 36,470.00 36,470.00
9 Concrete Drop Structure 768 S.Y. 38.00 29,184.00
10 48" RCP 334 L.F. 110.00 36,740.00
11 39" RCP 349 L.F. 74.00 25,826.00
12 36" RCP 559 L.F. 64.00 35,776.00
13 33" RCP 36 L.F. 58.00 2,088.00
14 30" RCP 500 L.F. 52.00 26,000.00
15 27" RCP 786 L.F. 48.00 37,728.00
16 24" RCP 538 L.F. 44.00 23,672.00
17 21" RCP 138 L.F. 40.00 5,520.00
18 30" Headwall 1 EA. 2,500.00 2,500.00
19 STD 20' Curb Inlet 3 EA. 3,600.00 10,800.00
20 Non STD Depth 20' Curb Inlet 1 EA. 3,800.00 3,800.00
21 Non STD 15' Curb Inlet 2 EA. 3,400.00 6,800.00
22 STD 10' Curb Inlet 4 EA. 2,200.00 8,800.00
23 INon STD Depth 10' Curb Inlet 12 EA. 2,400.00 28,800.00
24 Manhole Riser 2 EA. 500.00 1,000.00
25 STD 5' SQ Manhole 2 EA. 3,300.00 6,600.00
26 STD 4' SQ Manhole 5 EA. 2,500.00 12,500.00
27 Rip Ra 24" Thick 1,427 S.Y. 55.00 78,485.00
28
Rip Ra 18" Thick 134 S.Y. 35.00 4,690.00
29 Concrete Rip Rap (6" Thick) 96 S.Y. 38.00 3,648.00
30 Trench Safety 3,861 L.F. 1.00 3,861.00
TOTAL -STORM DRAINAGE SYSTEM $836,061.00
G:\JOB\013838\EST\CFA Estimate Ph 120050621.xls Page 4 of 5
I . STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 4 EA $ 2, 000 $8, 000.00
MID-BLOCK RESIDENTIAL 9 EA $ 2, 000 $18, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 11 EA $ 2, 000 $22, 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 12 EA $ 2, 500 $30, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $78 ,000 .00
City' s Cost $00 ,000 .00
Developer' s Subtotal $78 ,000. 00
10% Contingency $7 ,800.00
Project Total $85,800.00
Adjacent Developer' s Cost $00,000. 00
Developer' s Cost $85,800.00
2% Inspection Fee $00 ,000.00
CFA CODE #2005088
DEVELOPER' S COST: $85,800 . 00
WINCHESTER PARK, PHASE I
Fort Worth, Texas
July 13, 2005
PAGE I OF Exhibit C
7"I'
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: $85,800 . 00
WINCHESTER PARK, PHASE I
July 13, 2005
FORT WORTH, TEXAS
CFA CODE #2005088
Page II of Exhibit C
III
"STREETLIGHTS"
INTERSECTIONS
WHITTENBURG DR & CROWNE ST 1
CROWNE ST & CROWNE CT 1
CROWNE ST & LEGATO LN 1
COLLIN DR & COLLIN CT 1
MID BLOCK
MANCHESTER DR 2
DICKENS WAY 1
CROWNE ST 2
COLLIN DR 1
LEGATO LN 1
DEVON DR 2
CHANGE OF DIRECTIONS
MANCHESTER DR 2
WHITTENBURG CT 1
BENTLEY DR 3
DICKENS WAY 1
COLLIN CT 1
COLLIN DR 2
CROWNE CT 1
MID BLOCK MEDIAN
HEMPHILL ST 12 (DOUBLE ARMS)
WINCHESTER PARK, PHASE I
Page III of Exhibit C
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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 fourteen (14) intersections at a
cost to the Developer of $1,400.00:
Hemphill St & Manchester Dr
Hemphill St & Dickens Way
Hemphill St & Legato Lane
Hemphill St & Collin Dr
Hemphill St & Devon Dr
Bentley Dr & Manchester Dr
Bentley Dr & Dickens Way
Crowne St & Manchester Dr
Crowne St & Crowne Ct
Crowne St & Whittenburg Dr
Crowne St & Legato Lane
Whittenburg Dr & Whittenburg Ct
Collin Dr & Collin Ct
Collin Dr & Devon Dr
Winchester Park, Phase I
CFA code: 20050878 July 6, 2005
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LOCATION MAP
WINCHESTER PARK
PHASE 1 Cmrtw Bur"ss
CARTER & BURGESS,INC.
777 AWN STREET
FORT WORTH,TX 76102
1917)73540M
PROJECT NO. 013838.010.1.0630
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EXHIBIT 'B'
LEGEND WINCHESTER PARK
PROP. 29' B/B PROP. 27' B/B .. PHASE 1
ROADWAY/50' ROW ROADWAY/96' ROW i {
PROP. 75' B/B PROP. 4' S I DEWALK •••••••••••••••••••. Carter . Burgess
ROADWAY/96' ROW ( BY HOMEBUILDER)
CARTER & BURGESS,INC.
PROP. 4' S I DEWALK m MAIN mgr
TEMPORARY ASPHALT ( BY DEVELOPER) i1n»ooT"602
PAVEMENT LIMITS OF PROJECT — ——_ PROJECT NO. 013838.010.1.0630
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STORM DRAIN
LEGEND EXHIBIT 'B-l'
PROP. STORM DRAIN LINE WINCHESTER PARK
PROP. INLET PHASE 1
PROP. MANHOLE
PROP. HEADWALL
arfsv, Burgess
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EXIST. STORM DRAIN LINE -_ _ __= CARTER & BURGESS,INC.
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LIMITS OF PROJECTFORT WORTH,TX 76102
• (8171735-6000
PROJECT NO. 013838.010.t.0630
ALTA MESA SOUTH ADDITION
CAB I NET A.SLIDE 4513
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LEGEND STREET LIGHTS
'ROP. SINGLE STREET LIGHT 0 EXHIBIT 'C'
DROP. TWIN ARM STREET LIGHT •O WINCHESTER PARK
. ONE LUM I NARE) PHASE 1
:XIST. SINGLE STREET LIGHT O
ON STEEL POLE WITH STREET
kND STOP SIGNS ATTACHED) Ca~ Bwgws
'ROP. STREET SIGN
_XIST. STREET SIGN CARTER ESS,INC.
FORT WOIITM,T%76104
(617)735-6000
I M I TS OF PROJECT ———— — PROJECT NO. 013838.01 D.1.0630