HomeMy WebLinkAboutContract 32144 9'
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
SQj �4_
WHEREAS, Matador Ranch Partners, LTD., hereinafter called "Developer",
desires to make certain improvements to Matador Ranch Addition— 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:
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.
OFFICIM WORD
Matador Ranch Addn. Ph. I-Newer CFA 4%]and Utilities 05 10 051 eff SERUM
FT, 171-4110H, TEN,
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 negligenceof
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.
Matador Ranch Addn. Ph. I-Newer CFA 40/o2and Utilities 05 10 051
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.
Il. 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, B 1,
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 $888,657.18.
Matador Ranch Addn. Ph. I-Newer CFA 41/3 and Utilities 05 10 051
SUMMARY OF
COST
Matador Ranch Addition Phase
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $556,217.75 556,217.75
2. Storm Drainage $250,568.00 250,568.00
3. Street Lights $48,400.00 48,400.00
4. Street Name Signs $1,200.00 1,200.00
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 32,271.43 32,271.43
TOTALS 888,657.18 $ - 888,657.18
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
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.
Matador Ranch Addn. Ph. I-Newer CFA 401Amd Utilities 05 10 051
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'
said Develgp
has executed this instrument in triplicate, at Fort Worth, Texas this the2'/'day of
2005.
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City of Fort Worth
NO M&C REQUIRED 'ee1C:::;1
Marc Ott
Assistant City Manager
ATTEST:
Marty Hendrix
City Secretary
Approve Form:
Assista y ttorney
ATTEST: DEVELOPER- YY'\,NdcAor t4aVn..1A 944ya/5. LT0
15 4 Cr tw0A Pay-v.r
SOW I L_LC.
By: k",l i,4� .
Corporate Secretary Richard E mmons
(Managin artner)
om;c-'al END
Matador Ranch Addn. Ph. I-Newer CFA 4%5and Utilities 05 10 051
WO � �`�,
,04/01/2005 08: 54 8177351613 CONSTRUCTION CIFFICE PAGE 02
6
OFFICE PHONE GILCO CONTRACTING, INC . FAX NUMBER:
(817) 735-1600 4200 S, HULEN ST,, SUITE 513 (817) 735-1613
FORT WORTH, TEXAS 76109
PROPOSAL
PROJECT: MATADOR RANCH ADDITION, PHASE I
OWNER: MATADOR RANCH PARTNERS, LTD.
BID DATE: March 25, 2005
ITEM NO DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL BID
1 6" 3000 PSI REINF CONCRETE PAVEMENT SY 22,062 $17.75 $391,600.50
2 6" STABILIZED SUBGRADE SY 24,320 $1.45 $35,264.00
3 HYDRATED LIME (30#/3Y) TONJ 365 $95.00 $34,675.00
INCLUDING 7" CURBS & SEALING
4 7" INTEGRAL CURB LF 13,325 $1.65 $21,986.25
5 WHEELCHAIR RAMPS EA 25 $750.00 $18,750.00
6 5'SIDEWALK LF 932 $15.00 $13,980,00
7 4' SIDEWALK LF 626 $12.00 $7,512.00
8 TRAFFIC CONTROL LS 1 $7,500.00 $7,500.00
9 PAVEMENT MARKINGS LS 1 $2,500.00 $2,500.00
10 INSTALL TRAFFIC B ARRICADES EA 1 $1,500.00 $1,500.00
(TYPE III)
11 PAYMENT, PERFORMANCE AND TWO LS 1 $8,700.00 $8,700.00
YEAR 100% MAINTENANCE BONDS
12 TESTING LS 1 $8,250.00 $8,250.00
TOTAL AMOUNT BID $552,217.75
QUALIFICATIONS AND/OR EXCLUSIONS:
1. GILCO DOES NOT INCLUDE STAKING/LAYOUT, AGC DUES, PERMIT FEES, INSPECTION
FEES, SEEDING, SODDING, HYDROMULCHING, EROSION CONTROL DEVICES,
ELECTRICAL OR IRRIGATION CONDUITS, OR SIGNS.
2_ GILCO DOES NOT INCLUDE SALES TAXES ON MATERIALS INCORPORATED INTO THIS PROJECT.
3. GILCO WILL ACCEPT SUBGRADE AT PLUS OR MINUS ONE TENTH OF A FOOT WITH RESPECT
TO PLAN GRADES_
4. GILCO DOES NOT INCLUDE CLEAN UP OF PARKWAYS, ETC_ AFTER FRANCHISE UTILITY COMPANIES.
5. THIS PROPOSAL SHALL REMAIN GOOD FOR 15 DAYS. THESE PRICES ARE BASED UPON THIS WORK
BEING PERFORMED WITHIN 6 MONTHS OF THE BID DATE. SHOULD THE PROJECT BE DELAYED
LONGER THAN 6 MONTHS FOR ANY REASON, THEN GILCO RESERVES THE RIGHT TO RE-NEGOTIATE
THE UNIT PRICES DUE TO LARGE FLUCTUATIONS IN MATERIAL PRICES CAUSE BY THE CURRENT
VOLATILE PRICES OF FUEL.
6. GILCO WILL SUBMIT MONTHLY PAY APPLICATIONS FOR WORK COMPLETE THROUGH THE
END OF THE MONTH. PAYMENT SHALL BE DUE ON THE 10TH OF THE FOLLOWING MONTH_
7. GILCO RESERVES THE RIGHT TO APPROVE OWNER CREDIT PRIOR TO EXECUTING AN AGREEMENT.
Page 1 of 2
X4/01/20,05 08: 54 8177351F13 CONSTRUCTION OFFICE PAGE 03
0
OFFICE PHONE GILCO CONTRACTING, INC . FAX NUMBER:
(817) 735-1600 4200 S. HULEN ST., SUITE 513 (817) 735-1613
FORT WORTH,TEXAS 76109
PROPOSAL
PROJECT: MATADOR RANCH ADDITION, PHASE I
OWNER: MATADOR RANCH PARTNERS, LTD.
BID DATE: March 25, 2005
ITEM NO I DESCRIPTION I UNITI QUANTITY UNIT PRI CEI TOTAL BID
QUALIFICATIONS AND/OR EXCLUSIONS: (CON"T"INUED)
8. IT IS THE INTENT OF THIS AGREEMENT THAT ALL MONIES DUE GILCO, INCLUDING FINAL RETAINAGE
WILL BE PAID WITHIN 30 DAYS OF CITY ACCEPTANCE OF THE PROJECT. ANY STOPPAGE OF WORK
MORE THAN 30 DAYS NOT DIRECTLY ATTRIBUTABLE TO GILCO WILL BE CAUSE FOR IMMEDIATE
PAYMENT OF ALL RETAINAGE AND ANY OTHER AMOUNTS WHICH ARE OWED AT THAT TIME.
9. GILCO INCLUDES THE TEMPORARY BARRICADING NECESSARY TO COMPLETE ITS WORK. ANY
ADDITIONAL BARRICADING COST NOT DIRECTLY RELATED TO GILCO WILL BE PAID BY OWNER,
10. OWNER TO PROVIDE A SUITABLE LOCATION ON-SITE FOR GILCO TO ERECT AND OPERATE A
PORTABLE CONCRETE BATCH PLANT.
11. OWNER TO PROVIDE ADEQUATE CLEARING TO PROPERLY CONSTRUCT STREETS FULL-WIDTH
UTILIZING A SLIP FORM PAVER, CONCRETE BELT PLACER AND CONCRETE HAUL TRUCKS,
12. GILCO DOES NOT INCLUDE THE COST OF EXPOSING OR RELOCATING FRANCHISE UTILITIES_
13. GILCO DOES NOT INCLUDE DESIGN, IMPLEMENTATION, OR OPERATING A STORM WATER
POLLUTION PREVENTION PLAN.
14. GILCO DOES NOT INCLUDE RELOCATING OR INSTALLING A CONSTRUCTION ENTRANCE. IF GILCO
IS REQUIRED TO RELOCATE OR INSTALL A CONSTRUCTION ENTRANCE THEN A CHARGE OF
$1,500.00 PER EACH SHALL BE APPLIED.
15. GILCO'S BID IS BASED ON OWNER PROVIDING SUBGRADE THAT IS SUITABLE FOR LIME
STABILIZATION. ANY (ROCK SHALL BE UNDERCUT AND REPLACED WITH SUITABLE MATERIAL.
THIS APPLIES TO STREET SUBGRADE AND PARKWAY AREAS. IF REQUIRED, GILCO CAN
PERFORM THIS WORK ON AN HOURLY BASIS.
16, GILCO DOES NOT INCLUDE SULFATE TREATMENT. IF SULFATE'S ARE ENCOUNTERED
THEN GILCO WILL PRICE ACCORDING TO CITY REQUIREMENTS FOR TREATMENT.
17. GILCO WILL COMPLETE THIS PROJECT WITHIN 40 WORKING DAYS.
SINCERELY,
GILCO CONTRACTING, INC.
C
JAMEY C. BURCHE I I
CONTRACT MANAGER
CITY
Page 2 of 2 �1b
`Wednesday, May 25, 2005 9:01 AIVI ssalsbury 817-268-2330 p.03
STORM DRAINAGE
1). 110 LF 60" RCP CL.III PIPE $182.00 $20,020.00
2). 35 LF 54" RCP CL.I11 PIPE $159.00 $5,565.00
3). 250 LF 48" RCP CL.III PIPE $120.00 $30,000.00
4). 135 LF 42"RCP CL.III PIPE $104.50 $14,107.50
5). 635 LF 36" RCP CL.III PIPE $79.20 $50,292.00
6). 105 LF 27" RCP Cl,.Ill PIPE $50.70 $5,323.50
7). 105 LF 24" RCP CL.I11 PIPE $43.00 $4,515.00
8). 4 EA 15' C.I. $2,850.00 $11,400.00
9). 6 EA 10'C.I. $2,200.00 $13,200.00
10). 2 EA 4'X 4'J-BOX $2,500.00 $5,000.00
11). 1 EA 5' X 5'J-BOX $3,500.00 $3,500.00
12). 1 EA 36"X 48" CONC.COLLAR $65.00 $65.00
13). 1 EA 48" X 54" CONC.COLLAR $100.00 $100.00
14). 1 EA CONN.TO EX.DBL.42" RCP 5650.00 $650.00
15). 1 EA REMOVE EX. CONC. BOWL $2,000.00 $2,000.00
16). 216 SY 12"to 15" ROCK RIP-RAP $50.00 $10,800.00
17). l EA 30"TYPE "B" HDWL. $1,200.00 $1,200.00
18). 1 EA DBL.42" HDWL. $4,500.00 $4,500.00
19). 1 LS TRENCH SAFETY $265.00 $265.00
20). 380 SY CONC. RIP-RAP $75.00 $28,500.00
21). 1 LS CONSTRUCTION STAKING $9,350.00 $9,350.00
22). 10 EA INLET PROTECTION $125.00 $1,250.00
23). 50 LF 30" RCP CL.III PIPE $71.30 $3,565.00
24). 1 LS LAB( FOR ALL U'T'ILITIES) 58,250.00 58,250.00
25). 1 LS BONDS(FOR ALL UTILITIES) $14,000.00 514,000.00
26). 45 SY 18" to 24" ROCK RIP-RAP $70.00 $3,150.00
STORM DRAINAGE TOTAL: $250,568.00
TOTAL BID: $699,058.50
NOTE:SEE PAGE 3 FOR INCLUSIONS& EXCLUSIONS
Page 2 of 3
Wednesday.May 25, 2005 9:01 AM ssalsbury 817.268-2330 p.04
Walker Utilities,Inc.
Location: MATADOR RANCH ADD.PH ].
FORT WORTH,TEXAS
UTILITIES PROVISIONS 4.5 WORKING DAYS TO SUBSTANTIAL COMPLETION
METER FEE'S,INSP.FEE'S,CONN.FEE'S OR PERMITS BY OTHER
EXCESS SPOILS DEPOSITED ON SITE
BID ON UNAPPROVED PLANS
ONE MOVE IN
BARRICADES PROVIDED ONLY AT WORK LOCATION DURING CONSTRUCTION
INSURANCE LIMITS 52,000,000.00
WORK TO INCLUDE ONLY THE ITEMS LISTED
NO LANDSCAPING,HYDROMULCHING OR GRASS SOD INCLUDED
STAGING AREA PROVIDED BY GENERAL
5150.00 PER V.F.FOR EXTRA DEPTH ON INLETS AND M.H.NOT SHOWN ON PLANS
NO MATERIAL TAX INCLUDED
NATIVE BACKFILL INCLUDED
NO R/R OF PVMT.INCLUDED
NO TREE REMOVAL
NO S,W.P.P.P.DESIGN OR SUBMITAL INCLUDED
For your convenience,the above quantities have been estimated,however this proposal is on a unit price basis with payments to he made on
the actual measured quantities of work completed.
On the last day ofeach month partial estimates shall be prepared including all of the completed work plus all of the material on hand for the
uncompleted portion and shall be paid in full not Inter than the 15th day ofthe following month.Final estimate shall he prepared immediately
upon completion and shall be paid within 15 days.All estimates nor received on due dale shall hear interest from due date until date received
at 12%per an num.
It is also agreed by both parties to this agreement that any and all costs of litigation to obtain monies due contractor shall be at the expense of
the owner.
This proposal is also based on all engineering,grades and alignments being furnished by the owner,together with all necessary permits from
die City,County.State or other interested parties.Our prices include on-site disposal of excess materials Off-site disposal will be the
responsibil ity of the excavation contractor.
Your acceptance of this proposal by sighing and rentrning one copy to us within()0)days and the approval by us of credit arrangement will
constitute a contract between us.This proposal or contract is subject to cancellation if a National Emergency should cause materials to
become unavailable.
ACCEPTED: Walker Utilities, Inc.
(Owner) (Contractor)
By
Estimator
Title Title
Bank Ref
Date Attest
Page 3 of 3
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 $85.00 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 twelve (12) intersections at a
cost to the Developer of $1,200.00:
Matador Ranch Rd & Crowley Rd
Matador Ranch Rd & Pitchfork Ranch Rd
Matador Ranch Rd & Waggoner Ranch Rd
Matador Ranch Rd & Flying Ranch Ct
Joyner Ranch Rd & Crowley Rd
Joyner Ranch Rd & Pitchfork Ranch Rd
Joyner Ranch Rd & Waggoner Ranch Rd
Joyner Ranch Rd & Flying Ranch Rd
Four Sixes Ranch Rd & Pitchfork Ranch Rd
Four Sixes Ranch Rd & Waggoner Ranch Rd
Howe Dr & Pitchfork Ranch Rd
Howe Dr & Waggoner Ranch Rd
Matador Ranch Addition, Phase I
CFA code: 2005060 May 3, 2005
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 9 EA $ 2, 200 $19, 800 . 00
MID-BLOCK RESIDENTIAL 9 EA $ 2, 200 $19, 800 . 00
CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2, 200 $8, 800 . 00
MID-BLOCK COLLECTOR 0 EA $ 2, 200 $0, 000 . 00
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 750 $0, 000. 00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 750 $0, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 650 $0, 000 .00
Subtotal $48, 400 .00
City's Cost $00 ,000 . 00
Developer's Subtotal $48,400 .00
Project Total $48, 400 . 00
Adjacent Developer's Cost $00,000 . 00
Developer's Cost $48, 400.00
2% Inspection Fee $00,000. 00
CFA CODE #2005060
DEVELOPER' S COST: $48, 400. 00
MATADOR RANCH ADDITION, PHASE I
May 7 , 2005
Fort Worth, Texas
May 9, 2005
PAGE I OF Exhibit C
'JT's �'
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: $48,400.00
MATADOR RANCH ADDITION, PHASE I
May 7, 2005
FORT WORTH, TEXAS
CFA CODE #2005060
Page II of Exhibit C
III
"STREETLIGHTS"
INTERSECTIONS
PITCHFORK RANCH RD & FOUR SIXES RANCH RD 1
PITCHFORK RANCH RD & MATADOR RANCH RD 1
PITCHFORK RANCH RD & JOYNER RANCH RD 1
FLYING RANCH RD & MATADOR RANCH RD 1
WAGGONER RANCH RD & FOUR SIXES RANCH RD 1
WAGGONER RANCH RD & JOYNER RANCH RD 1
WAGGONER RANCH RD & MATADOR RANCH RD 1
JOYNER RANCH RD & CROWLEY RD 1
MATADOR RANCH RD & CROWLEY RD 1
MID BLOCK
FOUR SIXES RANCH RD 2
JOYNER RANCH RD 2
MATADOR RANCH RD 2
FLYING RANCH RD 1
HOME DR 2
CHANGE OF DIRECTIONS
FLYING RANCH RD 1
FLYING RANCH CT 1
HOME DR 2
MATADOR RANCH ADDITION, PHASE I
Page III of Exhibit C
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