HomeMy WebLinkAboutContract 33055 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 33o6:5—
WHEREAS,
3obiWHEREAS, Legacy/Monterey Homes, L.P., an Arizona Limited Partnership,
hereinafter called"Developer", desires to make certain improvements to Crawford Farms
Phase IIIC (011966.010an 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 t
CFA REVISED FORMAT WITH 4% IIIC 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.
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% IIIC 2 v _
t
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 $ 348,248.21.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $237,270.55 $ -- $237,270.55
2. Storm Drainage $95,996.00 $ -- $95,996.00
3. Street Lights $1,248.00 $ -- $1,248.00
4. Street Name Signs $400.00 $ -- $400.00
B. Engineering Design
C. Construction Engineering
and Management by DOE 4% $13,330.66 $ -- $13,330.66
TOTALS 1$348,245.21 $ -- 1$348,245.21
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.
4. Future Improvements: Developer PAID $54,509.25 for Old Denton Road (1/2 110'
R.O.W. Collector)Escrow at time of filing plat.
CFA REVISED FORMAT WITH 4% IIIC.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,4nd said Developer
has executed this instrument in triplicate,at Fort Worth,Texas this the Uv day of
200/0
Approval Recommended:
Transportation and Public Works
Department
NO M&C REQUIRED /- —'
Roberta Goode, P. E.
Director
ATTEST: City Of Fort
By:
17Clrf�) r Marc Ott
City Secretary,,'-- Assistant City Manager
Approved as to Form:
DEVELOPER
Legacy/Monterey Homes, L.P.
An Arizona Limited Partnership
istan Attorney By: MTH–Texas GP, Inc.
An Arizona Corporation,
General Partner
A EST:
B
Corporate Secretary Mic el S. Gavin
Vice President
RECEIVED
?'
CFA REVISED FORMAT WITH 4% IIIC 4
CARTER & BURGESS, IN,C<
777 MAIN 'STREET,. ;FORT WORTH, TEXAS 761 Cl2
PHONE NO. (817) 735-6000 or Metro (817) 429-0170
CRAWFORD FARMS
PHASE IIIC
November 3, 2005
PAVING
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
1 6" LIME STABALIZED SUBGRADE 10,338 S.Y. 1.85 $19,125.30
2 6" R.C. STREET PVMT W/7" CURB 10,001 S.Y. 20.25 $202,520.25
3 HYDRATED LIME 30#/SY 155 TON 95.00 $14,725.00
4 END OF ROAD BARRICADE 1 EA. 400.00 $400.00
5 STORM WATER MANAGEMENT 1 L.S. 500.00 $500.00
TOTAL - PAVING $237,270.55
OLD DENTON ROAD ESCROW (1/2 110' ROW)
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
1 UNCLASSIFIED STREET EXCAVATION 1,777 C.Y. 3.50 $6,219.50
2 7" REINFORCED CONCRETE PAVEMENT 1,357 S.Y. 25.00 $33,925.00
3 6" LIME STABILIZED SUBGRADE 1,407 S.Y. 2.25 $3,165.75
4 LIME SUBGRADE (27#/SY) 19 TONS 105.00 $1,995.00
5 4' SIDEWALK 436 L.F. 14.00 $6,104.00
6 TYPE I SIDEWALK RAMP 1 EA. 350.00 $350.00
7 1/2 STREET LIGHT FEE 200' 2 EA. 1,250.00 $2,500.00
8 STREET LIGHT CONTINGENCY 1 L.S. 250.00 $250.00
TOTAL - PAVING (1/2 OLD DENTON ROAD) $54,509.25
*Escrow check to be paid by developer to the City of Fort Worth.
STREET LIGHTS & SIGNS
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
4 24 MONTH POWER FEE 1 L.S. 1,248.00 $1,248.00
TOTAL - STREET LIGHTS/SIGNS $1,248.00
*Tri-County to Install Street Lights. 24 Month Power Fee shall be paid by the developer to Tri-County.
GAJOB\011966\EST\CFARMSIIIC-CFA20051101.XLS - 11/04/2005
CARTER & BURGESS, INC.
;777 MAIN STREET, FORT WORTH, TESLAS 76102
;PHONE NO. (817) 735-5000 or Metra (817) 429-0170
CRAWFORD FARMS
PHASE IIIC
November 3, 2005
STORM DRAIN SYSTEM
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
1 48" RCP 18 L.F 115.00 $2,070.00
2 42" RCP 574 L.F. 98.00 $56,252.00
3 39" RCP 150 L.F. 78.00 $11,700.00
4124" RCP 194 L.F. 40.00 $7,760.00
5 21" RCP 38 L.F. 35.00 $1,330.00
6 TRENCH SAFETY STORM DRAIN 974 L.F. 1.00 $974.00
7 STD 10' CURB INLET 3 EA. 1,850.00 $5,550.00
8 5' SQUARE MANHOLE 1 EA. 1,800.00 $1,800.00
9 39"TYPE B HEADWALL 1 EA. 1.400.00 $1,400.00
10 ROCK RUBBLE RIPRAP 185 SY. 36.00 $6,660.00
11 STORM WATER MANAGEMENT 1 L.S. 500.00 $500.00
TOTAL -STORM DRAINAGE SYSTEM $95,996.00
G:\JOB\011966\EST\CFARMSI I IC-CFA20051101.XLS 11/04/2005
PROPOSAL
(This Proposal must not be removed from this book of Contract Documents)
TO: LEGACY/MONTEREY HOMES, L.P. Fort Worth, Texas
DEVELOPER OCTOBER, 2004
c/o CARTER & BURGESS, INC.
r FOR: STREET IMPROVEMENTS FOR
CRAWFORD FARMS, PHASE IIIC
i DEPARTMENT OF ENGINEERING No. 4561
3. =
Pursuant to the foregoing "Notice to Bidders," the undersigned bidder having thoroughly
Y ; 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
}� subjecf to inspection and approval by the Director of Public Works of the City of Fort Worth,
i; Texas, and binds himself upon acceptance of this Proposal to execute a contract and furnish an
T
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
k; to do the work within the time stated and for the following
proposes 9 sums:
i
"v+ (Furnish and Install, including all appurtenant work, complete in place, the following items):
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
�x
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
. STREET IMPROVEMENTS
-210 1. 10,338 S.Y. 6" Lime Stabilized Subgrade (Includes
Preparation of Subgrade), complete in
place for the sum of
One Dollar&
Eighty Five Cents per Square Yard $1.85 $19,125.30
314 2. 10,001 S.Y. 6" Reinforced Concrete Pavement
(Includes Joint Sealer, and 7" STD
Attached Concrete Curb), complete in
place for the sum of
rt..
Twenty Dollars &
Twenty-Five Cents per Square Yard $20.25 $202,520.25
01196601.00E.doc P-1
SP!CPAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
212 3. 155 Tons Hydrated Lime for Subgrade
(30#/S.Y.Y, complete in place for the
sum of
,
Ninety Five Dollars &
No Cents per Ton $95.00 $14,725.00
4. 1 EA. End of Road Barricade, complete in
place for the sum of
r
Four Hundred Dollars &
No Cents $
Each er 400.00 $400.00
P
5. 50 L.S. Storm Water Management, complete
` in place for the sum of
Five Hundred Dollar&
w4%
No Cents per Square Yard $500.00 $500.00
TOTAL PAVING --- $237,270.55
v'
City of Fort Worth requires a minimum of 30#/S.Y. The Paving Contractor will be responsible for a lime series test as directed by the City
of Fort Worth Construction Inspection Department.
`r.
6r;.
F: rrJ
01196601.00E.doc P-2
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This contract is issued by an organization which qualifies fd" exem t10. uant to the
provisions of Article 20.04(F) of the Texas Limited Sales Exs Use Tax Act.
Taxes: All equipment and materials not consumed bo co o ated into the project
Yr z>�� r�
construction, are subject to State sales taxes under Hous BII [zenacted August 15, 1991.
The successful Bidder shall be required to complete"t Statement of Materials and
F• . �a;
Other charges at the time of executing the contract t�
The Contractor shall comply with City Ordinance 72 84 asiamended by City Ordinance 7400
(Fort Worth City Code Sections 13-A-21 through 13412-9) prohibiting discrimination in,
employment practices.
The undersigned agrees to complete all work cover ed`by th se 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,
Conatser Construction TX, L.P.
BY: Conatser na ement Com Inc. Gen Ptr.
By:
erry R. Conatser
Title: President
Address: 5327 Wichita Street
P. O. Box 15804, Fort Worth, TX 76119
[ (S E A L) If Bidder is Corporation
3 Date
Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No. 2 -
Addendum No. 3 . . ,
01196601.00E.doc P-3
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. 18 L.F. 48" Class III R.C. Pipe Including
. 402 Trench Excavation and Backfill,
complete in place for the sum of
One Hundred Fifteen Dollars &
No Cents per Linear Foot $115.00 $2,070.00
440 2. 574 L.F. 39" Class III R.C. Pipe Including
402 Trench Excavation and Backfill,
complete in place for the sum of
Ninety-Eight Dollars &
�4=
On Cents per Linear Foot $98.00 $56,252.00
440 3. 150 L.F. 36" Class III R.C. Pipe Including
402 Trench Excavation and Backfill,
. complete in place for the sum of
Seventy-Eight Dollars &
No Cents per Linear Foot $78.00 $11,700.00
440 4. 194 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 1 $40.00 1 $7,760.00
f C1196601MF P-9
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH'BID UNIT [AMOUNT
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
440 5. 38 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 $1,330.00
525 6. 974 L.F. Trench Safety (Storm Drain)
One Dollar&
No Cents per Linear Foot $1.00 $974.00
444 7. 3 Ea. 10' Standard Curb Inlet, complete in
place for the sum of
One Thousand
Eight Hundred Fifty Dollars &
No Cents per Each $1,850.00 $5,550.00
444 8. 1 Ea. 5' Square Manhole, complete in place
for the sum of
One Thousand
Eight Hundred Dollars &
No Cents per Each $1,800.00 $1,800.00
410 9. 1 Ea. 36" RCP Type B Headwall, complete
in place for the sum of
One Thousand
Four Hundred Dollars &
No Cents per Each $1,400.00 $1,400.00
01196601.00F.dOc P-10 4'.p a";\�a
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
410 10. 185 S.Y.' Rock Rubble Rip Rap
Thirty Six Dollars &
No Cents per Square Yard $36.00 $6,660.00
410 11. 1 L.S. Storm Water Management
Five Hundred Dollars &
No Cents per Square Yard $500.00 1 $500.00
SECTION -STORM DRAINAGE SYSTEM: $95,996.00
SUMMARY
Section A Water System $ 110.870.20
Section B Sanitary Sewer System $ 132.460.00
Section C Storm Drain System $ 95.996.00
Total Amount of Bid $ 339.326.20
x
r
f 01196601.00F P-11
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 Developer, in the event the contract and
bond or bonds are not executed and delivered within the time above set forth, as liquidated
damages for 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 these 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 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
by the Owner, and to complete the contract within thirty (30) 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.
[] Nonresident bidders in the State of , our principal place of business,
are not required to underbid resident bidders.
�Q B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
i01196601.00F P-12
Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No. 2
Addendum No. 3
Respectfully submitted,
Conatser Construction, TX, L.P.
By: Conatser Management Company,
Inc.. Gen Ptr.
( SEAL )
BY:
R. Conatser
If Bidder is Corporation.
TITLE: President
ADDRESS: 5327 Wichita Street
Fort Worth, TX 76119
Vic' . .._....��-.7..
01196601.00F P-13
III. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 2 EA $ 0, 000 $00, 000.00
MID-BLOCK RESIDENTIAL 4 EA $ 01000 $00, 000.00
CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 01000 $00, 000.00
MID-BLOCK COLLECTOR 0 EA $ 01000 $ --0--
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 01000 $ --0—
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 01000 $ __0__
RELOCATE EXISTING LIGHT 0 EA $ 0, 000 $ --0--
0 (200 watt lights) x $7 . 05 (per light) x 24 months = $00, 000.00
8 (100 watt lights) x $6.50 (per light) x 24 months = $1,248.00
Total: $1 ,248.00
The Street Lights will be installed by TRI County Electric Cooperative
the developers initial 24- month power charge will be $1 ,248.00
After the initial 24-month power charge the City of Fort Worth, WILL
ASSUME THE POWER COST.
CFA CODE #2005127
CRAWFORD FARMS, PHASE III-C
October 1, 2005
Fort Worth, Texas October 3, 2005
PAGE I OF EXHIBIT C
2. 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.
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.
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 $1,248.00
CRAWFORD FARMS, PHASE III-C
October 1, 2005
Fort Worth, Texas February 14, 2005
PAGE II OF EXHIBIT C
CFA CODE #2005127 �
"STREET LIGHTS"
INTERSECTIONS
ASTER RIDGE DR & PAINTBRUSH DR 1
PRAIRIE STAR DR & VINTAGE DR 1
MID BLOCK
PAINTBRUSH DR 1
VINTAGE DR 3
CHANGE OF DIRECTIONS
PAINT BRUSH DR 1
VINTAGE DR 1
CRAWFORD FARMS, PHASE III-C
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:
Paintbrush Dr & Crawford Farms Dr
Paintbrush Dr &Aster Ridge Dr
Vintage Dr & Prairie Star Dr
Vintage Dr &Waverly Lane
Note: The developer for Crawford Farms installs their own
signs. All existing signs are private.
Signs are installed by "Identitec", contact: John Pichler (817)
329-0411
Crawford Farms IIIC
CFA code: 2005127 September 28, 2005
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