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Home My WebLink AboutContract 31034 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract N,�t u4,- - WHEREAS, Legacy/Monterey Homes, L.P., an Arizona Limited Partnership, hereinafter called "Developer", desires to make certain improvements to Crawford Farms Phase IIIB (011966.010) 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 MTH-Texas GP, Inc., an Arizona Corporation, its General Partner and by Michael s. Gavin, its duly authorized Vice 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 paragraph 8, Section II, of the Policy. CFA REVISED FORMAT WITH 4%.doc 1 f l3 E F. The Developer further covenants and agrees to, and by these presents does hereby, frilly 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 constriction, 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%.doc 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 find 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, BI, 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 y Item Developer City Cost Total Cost Cost A. Construction 1. Streets $318,201.00 $ -- $318,201.00 2. Storm Drainage $126,955.00 $ -- $126,955.00 3. Street Lights (Z;A OG $ -- $vOCp-,0.; 4. Street Name Signs $400.00 $ -- $400.00 B. Engineering Design C. Construction Engineering and Management by DOE 4°% $17,806.24 $ -- $17,806.24 TOTALS �4u-4145-1 A'A Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. The developer is responsible for installation of sidewalk by homebuilder. 2. Developer's column for Item C represents four percent (4%) Street and Storm Drainage 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 401%.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 Developer has executed this instrument in triplicate, at Fort Worth, Texas this the��day of 1 Aa_.)�' , 200 J.L - Approval Recommended: Transportation and Public Works Department cnt-,:acL Autnorizatioia Date Robert Goode, P. E. Director ATTEST: City Of orth I OAA , By r� Ne R Marc Ott City Secretary Assistant City Manager Approved as to Form: DEVELOPER Legacy/Monterey Homes, L.P. An Arizona Limited Partnership Assistant City Attorney By: MTH—Texas GP, Inc. An Arizona Corporation, General Partner ATTEST: By: Corporate Secretary ich el S. Gavin Vic President RECEIVED �^, AUG 10 2004 3 CFA REVISED FORMAT WITH 4%.doc � VV'4vJ�y�� L,�, Irr, STREET LIGHTS 1 . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 0, 000 $00, 000 . 00 MID-BLOCK RESIDENTIAL 3 EA $ 0, 000 $00, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 0, 000 $00, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 0, 000 $ --0-- MID-BLOCK ARTERIAL PARKWAY 0 EA $ 01000 $ --0— MID-BLOCK ARTERIAL MEDIAN 0 EA $ 0, 000 $ __0__ RELOCATE EXISTING LIGHT 0 EA $ 0, 000 $ --0__ 0 (200 watt lights) x $7 . 05 (per light) x 24 months = $00, 000 . 00 7 (100 watt lights) x $6. 50 (per light) x 24 months = $1,092 .00 Total : $1 ,092,00 The Street Lights will be installed by TRI County Electric Cooperative the developers initial 24- month power charge will be $1 ,092.00 . After the initial 24-month power charge the City of Fort Worth, WILL ASSUME THE POWER COST. CFA CODE #2004113 CRAWFORD FARMS, PHASE III-B September 2, 2004 Fort Worth, Texas October 8, 2004 PAGE I OF EXHIBIT C 2. STREET LIGHTS WORK DESCRIPTIO::: 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. 3 . Streetlights on arterial streets shall be installed with underground conduit and conductors . 4 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities". 5. The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational . 6. A 3-inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points . 7 . The developer shall pay the initial two year power cost to TRI- COUNTY ELECTRIC COOPERATIVE, after the initial two year cost the City of Fort Worth, will assume the power cost. 8 . The developer or their contractor shall contact City' s street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-6596 to insure proper inspection of work. TOTAL DEVELOPER' S COST $1,092 .00 CRAWFORD FARMS, PHASE III-B September 2, 2004 Fort Worth, Texas October 29, 2003 PAGE II OF EXHIBIT C CFA CODE #2004113 "STREET LIGHTS" INTERSECTIONS CRAWFORD FARMS DR 6 PRAIRIE STAR DR 1 CRAWFORD FARMS DR 6 PENNY ROYAL DR 1 PENNY ROYAL DR & WAVERLY LN 1 MID - BLOCK CRAWFORD FARMS DR 1 PENNY ROYAL DR 2 CHANGE OF DIRECTIONS PENNY ROYAL DR 1 CRAWFORD FARMS, PHASE III-B 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 four (4) intersections at a cost to the Developer of$400.00: Waverly Lane & Penny Royal Dr Waverly Lane & Crawford Farms Dr Prairie Star Dr & Crawford Farms Dr Penny Royal Dr & Crawford Farms Dr Note: The developer for Crawford Farms installs their own signs. All existing signs are private. Crawford Farms 1116 CFA code: 2004113 August 20, 2004 Allan 'ELLE C—v.,Y HICKS 'ELL R -III K I rc L ` r y i GOLDEI / RIANGt GOLDEN- (- IANGLE Y;... I i PROJIEL T n � OCA I At WHITE I 4, I L "r+ 1 I�EHI IACE IR a F 1 II T r.IRJ 7 - 4n I III35 W \ T`�a. m SHIVER o♦� � \\ Fj`�I ]iY RAY WHITE luRllOn ]Q 79 � ( T -o \ J 377 I 0 35 VICTORIA I I\ DAS 00 STAT ION = NDT TD SCALE Carter Burgess LOCATION MAP CARTER& BURGESS;INC. m M`r,slre�I CRAWFORD FARMS rr-rn,qr Y7T1-1 PROJECT No. 011966.010.1.0001 I.4 GrDRrfE _ ALE, 1 V' 200' 10, Ib 26 75 w; 14 Cl 0 AR S D ArF 69 13 32 13 11 1, SO 35 ,.I., 16 :A PEN OY. D1 jjltDc,i 0 LEGEND STREETS 29'Die EXHIBIT 'B' NA Y/5 0�R CIW CRAWFORD FARMS 11,B/B PHASE 11113 NAY/60' ROW 4' SIDEWALK ............... Carter Burgess CARTER& BURGESS,INC. Tc, or PROJECT PROJECT No. o 1 1966.0 10.1.Doo I CN ALE- V = 200' rill It cc ca a cr n cox rr Ya a3 U 91 x 11cc Is 6, ClU WFO��W I'AIM S D F IVE XIST 27.IRC - 21 2" 201 X* "D-L Jr 3- J1 31 28 2Y 71 25 24 pllr IJ '" 13aS0 0 1 1 3 a r I A 11 '? Is JI J 'toPEN�TY I I�L DWE 21. 21 to i" y 404;L SLOPED 5 2 II T 1II SU1�E,Ip, ,'90 % IF ,ti 60" HOWL It STORM DRAIN GEND EXHIBIT 'B-1' 4,- Rki 4 L I Ni E CRAWFORD FARMS PHASE 111B Carter Burgess �61RM ()RAIN LINE CARTER& BURGESS,INC. 'SLOf fftOJEcfM cw,flw7T MIT imAni.T9?dm 017)m PROJECT No. 011966.010.1.000 1 ��_� I I I 11 I ALE11" = 200' 1 _ I f R 1116 i i I I L. ' ► EByU1 E 19 1 3-2. Q C WFO— IS D VE — p.O.E,;H"• tf.Jr Jr n Js Js Ja L Sr JI Jo ry n » Ii rs r. :J rr rl ro J J, ZZG, 11 I,IY O , la II a u uL .cLL I, w '—,I rt n r rs ?f f Did STREET LIGHTS EXHIBIT 'C' SIGSE�iiFiE£T LIGHT • CRAWFORD FARMS S Ir Ft TAEEr L I�GHT O PHASE IIIB EE �E WITH SLI TREET OP SSI CANS x'44 TACHEO) rte, — $T E�tf SIGN A, Carter Burgess5 T. SIGN Q - CARTER& BURGESS,INC. OF PROJECT )]J 1LVII SJY ---- roxrwoAntUYiw mm T3,40M PROJECT NO. 011966.010.1.0001 PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: LEGACY/MONTEREY HOMES, L.P. Fort Worth, Texas DEVELOPER MARCH, 2004 c/o CARTER & BURGESS, INC. FOR: STREET IMPROVEMENTS FOR , CRAWFORD FARMS, PHASE IIIB DEPARTMENT OF ENGINEERING No. 4316 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 fumish 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: (Furnish and Install, including all appurtenant work, complete in place, the following items): i SPEC PAYAPPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID STREET IMPROVEMENTS i 210 1. 14,380 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of I One Dollar& Eighty Five Cents per Square Yard $1.85 $26,603.00 212 2. 216 Tons Lime for Subgrade (30NS.Y.)*, complete in place for the sum of Ninety Four Dollars & No Cents per Ton $94.00 $20,304.00 i 01196601.00C P- 1 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 314 3. 13,976 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer, and 7" STD Attached Concrete Curb), complete in place for the sum of Nineteen M Dollars & No Cents per Square Yard $19.00 $265,544.00 4. 6 EA. Sidewalk Ramps, complete in place for the sum of � � 1 Four Hundred Fifty Dollars & No Cents per Each $450.00 $2,700.00 5. 1 EA. End of Road Barricade, complete in place for the sum of One Thousand Two Hundred Fifty Dollars & No Cents per Each $1,250.00 $1,250.00 6. 50 S.Y. Rock Rubble Rip Rap, complete in place for the sum of Thirty Six Dollar& No Cents per Square Yard $36.00 $1,800.00 TOTAL STREET IMPROVEMENTS -- $318,201.00 City of Fort Worth requires a minimum of 30#1S.Y. The Paving Contractor will be responsible for a lime series test as directed by the City of Fort Worth Construction Inspection DepartmenL 01196601.00C P-2 i 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.successful Bidder shall be required to complete the attached Statement of Materials and Other charges at the time of executing the contract. 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 30 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 sum of 5% GAB Dollars Bid Bond) is to become the property of Legacy/Monterey Homes, L.P. 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, i Conatser Construction L.P. By: ConatwnManaaep6eKt Company, Inc. Gen Ptr. By: 1poe�, o-p -- Tlt M Pappas,Vic resident of Conatser Management Group.Inc.G.P. Address: 5327 Wichita Street P. O. Box 15804, Fort Worth, TX 76119 (S E A L) If Bidder is Corporation Date Jul /9 .200Y Receipt is a owledged of the following addenda: Addendum No. 1 Addendum No. 2 - Addendum No. 3 i 01196601.00C.doc P-3 j u SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION C- STORM DRAIN SYSTEM 440 1. 284 L.F. 60" Class III R.C. Pipe Including 402 Trench Excavation and Backfill, complete in place for the sum of One Hundred Seventy-Five Dollars & No Cents per Linear Foot $175.00 $49,700.00 440 2. 255 L.F. 48" Class III R.C. Pipe Including 402 Trench Excavation and Backfill, complete in place for the sum of One Hundred Ten Dollars & On Cents per Linear Foot $110.00 $28,050.00 440 3. 258 L.F. 24" Class III R.C. Pipe Including 402 Trench Excavation and Backfill, complete in place for the sum of Forty Dollars & No Cents per Linear Foot $40.00 $10,320.00 440 4. 173 L.F. 21" Class III R.C. Pipe Including 402 Trench Excavation and Backfill, complete in place for the sum of Thirty Five Dollars & No Cents per Linear Foot $35.00 $6,055.00 525 5. 970 L.F. Trench Safety (Storm Drain) One Dollar& No Cents per Linear Foot $1.00 $970.00 01196601.00D.doc P_9 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 444 6. 2 Ea. 10' Standard Curb Inlet, complete in place for the sum of One Thousand Seven Hundred Dollars & No Cents per Each $1,700.00 $3,400.00 444 7. 2 Ea. 10' Recessed Curb Inlet, complete in place for the sum of One Thousand Eight Hundred Dollars & No Cents per Each $1,800.00 $3,600.00 444 8. 2 Ea. 15' Standard Curb Inlet, complete in place for the sum of Two Thousand Six Hundred Dollars & No Cents per Each $2,600.00 $5,200.00 444 9. 2 Ea. 15' Recessed Curb Inlet, complete'in place for the sum of Two Thousand Eight Hundred Dollars & No Cents per Each $2,800.00 $5,600.00 410 10. 1 Ea. 4' Square Storm Drain Manhole, complete in place for the sum of One Thousand Five Hundred Dollars & No Cents per Each $1,500.00 $1,500.00 01196601.000 P-10 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 410 11. 1 Ea. 60" RCP Type B Headwall, complete in place for the sum of Two Thousand Dollars & No Cents per Each $2,000.00 $2,000.00 410 12. 1 Ea. 24" RCP Sloping Headwall (includes Grade to Drain Excavation), complete in place for the sum of One Thousand One Hundred Dollars & f No Cents perEach $1,100.00 $1,100.00 13. 1 Ea. Remove and Dispose of 48" Headwall One Thousand Dollars & No Cents per Each $1,000.00 $1,000:00 -. 410 14. 235 S.Y. Rock Rubble Rip Rap Thirty Six Dollars & .'y No Cents per Square Yard $36.00 $8,460.00 > SECTION C --- STORM DRAIN SYSTEM: $126,955.00 SUMMARY Section A Water System $ 113.708.50 Section B Sanitary Sewer System $ 119.117.00 Section C Storm Drain System $ 126.955.00 Total Amount of Bid $ 359.780.50 - 01196601.00D.doc P-11 r� 1IQIU `