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HomeMy WebLinkAboutContract 33566 a COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.a�bUv WHEREAS, Centex Homes, A Nevada General Partnership, hereinafter called "Developer", desires to make certain improvements to Harriet Creek Ranch Phase V, D.O.E. #4917, 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 06-02-06 p1VWy%. Harriet Creek Ranch-Newer CFA 4% and Uffilities 06 13 05.docMR 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. Harriet Creek Ranch-Newer CFA 4% and Ufllities 06 13 05.doc I TY J C LAI 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-l) 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, 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 $961,444.27. Harriet Creek Ranch-Newer CFA 4% and Ufllities (RVSD) 02 27 06.docCif` J Yo •1=��`J��1!U� � i1 SUMMARY OF COST Harriet Creek Ranch Phase V Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $635,025.05 635,025.05 2. Storm Drainage $239,729.06 239,729.06 3. Street Lights $50,600.00 50,600.00 4. Street Name Signs $1,100.00 1,100.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ (4%) 34,990.16 34,990.16 TOTALS 961,444.27 $ - 961,444.27 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. 4. Paid$8,766.50 for future improvements for 29' B-B Roadway. Harriet Creek Ranch-Newer CFA 4% and U41ities (RVSD) 02 27 06.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 20Q4 RECEIVED Approval Recommended: FEB 16 2006 Transportation and Public Works Department Robert Goode, P. E. Director City of F rt o N4 M&CRIa(�UIRI;D Marc Ott Assistant City Manager ATTEST: ' Centex Homes A Nevada General Partnership Marty Hendrix DEVELOPER City Secretary By: Centex Homes Real Estate Corp. Approv d as to Form: A Nevada Corporation —� Its Managing General Partner �!'t�' By: Clint Vincent Assista i Attorney Vice President Engineering DFW Metro ATTEST: By- Da Corporate Secretary Harriet Creek Ranch-Newer CFA 4% and U61ities 06 13 05.doc HMO K ........................... ...... ............................ ........ ........... ...... ............ TE-R.&BURGESS1,1N. :MAtWs-T.Fz "T-WORT1 . . ........... E:::NM::j 00 V.M40. 81: ... . ... ....- HARRIET CREEK PHASE V 05 MAY 2005 ESCROW FOR HALF PROPOSED 29' B-B ROADWAY ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABILIZED SUBGRADE 334 S.Y. 2.25 $751.50 2 6" R.C. STREET F`VMT W/7" CURB 320 S.Y. 22.00 $7,040.00 3 HYDRATED LIME (30#/SY) 5 TON 105.00 $525.00 41WHEELCHAIR RAMPS 11 EA. 1 450.00 $450.00 ITOTAL ESCROW $8,766.50 G:\JOB\01 3488\ESTICFA-HC5-2005-05-04.XLS 5/11/2005 RECEIVED PART B—PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: (developer's name) PROPOSAL FOR: PROJECT:NAME Harriet Creek Ranch,Phase V D.O.E. NO:. 4917 FILE NO:. W-1670 X NO: 16616 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: Harriet Creek Ranch Phase V (project name) 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 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 fiimished 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: 0 01 CADocuments and Settings\WeiserST\Desktop\01348802.00B.docB-1 UNIT IV: PAVING IMPROVEMENTS (Furnish and install, including all appurtenant work, complete in place,the following items) ITEM APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL NO. QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT 1 25,963 S.Y. 6"Reinforced Concrete Pavement (Includes Joint Sealer& 7" STD Attached Concrete Curb) Twenty Dollars & Twenty - Cents per Square Yard $20.20 $524,452.60 2 26,804 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade) One Dollars & Fifty five Cents per Square Yard $1.55 $41,546.20 3 402 Tons Lime for Subgrade (30#/S.Y.) Ninety five Dollars & No Cents per Ton $95.00 $38,190.00 4 18 Ea. ADA Sidewalk Ramps Six Hundred Dollars & No Cents per Each $600.00 $10,800.00 5 2,565 S.F. 4' Sidewalks Three Dollars & Twenty five Cents per Square Foot $3.25 $8,336.25 6 2 Ea. End of Road Barricade One Thousand Five Hundred Dollars & No Cents per Each $1,500.00 $3,000.00 7 1 L.S. Payment, Performance &Maintenance Bonds Eight Thousand Seven Hundred Dollars & No Cents per Each $8,700.00 $8,700.00 TOTAL AMOUNT BID STREET IMPROVEMENTS _._. . NAJOB\013488\Spec\01348802 OOB.doc B-2 CIY 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 apart 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 40 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. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. CADocuments and Settin s\WeiserST\Oeskto \01348802.00B.docB-3 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, qjlco - acting. ft. By: % ale R. Gilreat Titleh President Address Gilco Contracting, Inc. 13 Fort Worth, Texas 76109 Telephone: LqO 733--1600 (Seal) Date: CADocuments and Settings\WeiserST\Desktop\01348802.00B.docB-4 UNIT III: STORM DRAIN 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) ITEM APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL NO. QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT 1. 70 L.F. 54"Class III R.C.Pipe Including Trench Excavation and Backfill, Per Linear Foot: One Hundred Sixty Two Dollars& No Cents $162.00. $11,340.00 2. 19 L.F. 48" Class III R.C. Pipe Including Trench Excavation and Backfill, Per Linear Foot: One Hundred Thirty Two Dollars& No Cents $132.00 $2,508.00 3. 1,021 L.F. 33" Class III R.C.Pipe Including Trench Excavation and Backfill, Per Linear Foot: Seventy Two Dollars& No Cents $72.00 $73,512.00 4. 18 L.F. 30" Class III R.C.Pipe Including Trench Excavation and Backfill, Per Linear Foot: Sixty Dollars& No Cents $60.00 $1,080.00 5. 34 L.F. 27"Class III R.C.Pipe Including Trench Excavation and Backfill, Per Linear Foot: Fifty Five Dollars& - No Cents $55.00 $1,870.00 WU013\013488\Spec\013488.020A.doc B-8 44 °'''•�^p� Part B Proposal WOPT I�1� t TEK. ITEM APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL NO. QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT 6. 1,086 L.F. 24"Class III R.C.Pipe Including Trench Excavation and Backfill, Per Linear Foot: Forty Eight Dollars& No Cents $48.00 $52,128.00 7. 189 . L.F. 21"Class III R.C.Pipe, including trench excavation and backfill, Per Linear Foot: Forty Two Dollars& No Cents $42.00 $7,938.00 8. 11 Ea. 10' Standard Curb Inlet, Per Each: Two Thousand Dollars& No Cents $2,000.00 $22,000.00 9. 4 Ea. 15' Standard Curb Inlet, Per Each: Two Thousand Eight Hundred Dollars & No Cents $2,800.00 $11,200.00 10. 1 Ea. Standard 3'x3"Drop Inlet, Per.Each: Two Thousand Three Hundred Dollars & No Cents $2,3`00.00 $2,300.00 11. 1 _Ea. Standard 2'x2"Drop Inlet, Per Each: Two Thousand Dollars& " No Cents $2,000.00 $2,000.00 12. 1 Ea. 6'Square Storm Drain Manhole, Per Each: Three Thousand Four Hundred Dollars& No Cents $3,400.00 $3,400.00- NAJ013\013488\Spec\013488.020A.doc B-9 Part B Proposal I ITEM APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL NO. QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT 13. 5 Ea. 4' Square Manhole, Per Each: Two Thousand Four Hundred Dollars& No Cents $2,400.00 $12,000.00 i 14. 5 Ea. Removal of Headwall, Per Each: Five Hundred Dollars& No Cents $500.00 $2,500.00 15. 28 S.Y. Rock Rubble Rip Rap AASHTO Gradation Class"Facing", Per Square Yard: Forty Six Dollars& No Cents $46.00 $1,288.00 16. 857.22 S.Y. Removal of Rock Rubble Rip Rap, Per Square Yard: a Three Dollars& i No Cents $3.00 $2,571.66 17. 1,655 C.Y. Grade to Drain Swales, Per Cubic Yard: 1 Six Dollars& j No Cents $6.00 $9,930.00 18. 2,439 L.F. Trench Safety, Per Linear Foot: No Dollars& Sixty Cents $0.60 $1,463.40 19. 1 L.S. Performance, Maintenance& Payment Bond, Per Lump Sum: Sixteen Thousand j Three Hundred Dollars & { No Cents $16,300.00 $16,300.00 N:\JOB\013488\Spec\013488.020A.doc B-10 Part B Proposal ITEM APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL NO. QUANTITY PRICES WRITTEN IN.WORDS -PRICE AMOUNT 20. 60 Ea. BMP Daily Inspection, Per Each: Forty Dollars& No Cents $40.00 $2,400.00 TOTAL AMOUNT BID STORM DRAIN $ 239,729.06 SUMMARY Unit I Water System $ 292,418.60 Unit II Sanitary Sewer System $ 365,017.60 Unit III Storm Drain System $ 239.729.06 Total Amount of Bid S 897.165.26 I j i I i j N:UOBW134881SpecW13488.020A.dce Part BProposal � Qt`�'f`" PART B -PROPOSAL(Cont.) 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, if required is to become the property of the Developer. The undersigned .bidder certified that he has obtained 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: The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978,which may be purchased from the Water Department. 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 65 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. The principal place of business of our company or our parent company or majority owner is in the State of Texas. S N:1J0610134881Spec1013488.020A.doc B-12 Part B Proposal + two U�iu. 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, Burnsco Construction Inc. y. Title President Address 4200 S. Hulen St., Ste. 513 Fort Worth, Texas 76109 Telephone: 817-738-3200 (Seal) Date: B-9 Updated 05!16/2005 I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 9 EA $ 2, 000 $18, 000 . 00 MID-BLOCK RESIDENTIAL 9 EA $ 2, 000 $18, 000.00 CHANGE OF DIRECTION RESIDENTIAL 5 EA $ 2, 000 $10, 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 $46,000.00 City' s Cost $00,000.00 Developer' s Subtotal $46,000.00 10% Contingency $4,600.00 Project Total $50,600.00 Adjacent Developer' s Cost $00,000.00 Developer' s Cost $50,600.00 2% Inspection Fee $00,000.00 CFA CODE #2005071 DEVELOPER' S COST: $50,600.00 HARRIET CREEK RANCH, PHASE V Fort Worth, Texas June 10, 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 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: $50,600.00 HARRIET CREEK RANCH, PHASE V June 10, 2005 FORT WORTH, TEXAS CFA CODE #2005071 Page II of Exhibit C III "STREETLIGHTS" INTERSECTIONS FORD OAKS IN & FOXFIELD WAY 1 FORD OAKS LN & WOLFRIDGE IN 1 FORD OAKS LN & J.CHESSER RD 1 WOLFRIDGE LN & PINERY WAY 1 CAMP WOOD & PINERY WAY 1 CAMP WOOD & THORNTREE IN 1 PINERY WAY & FENWICK WAY 1 FENWICK WAY & TREGO CIR 1 FENWICK WAY & NUECES CIR 1 MID BLOCK CAMP WOOD 4 FENWICK WAY 1 WOLFRIDGE LN 1 FOXFIELD WAY 2 FORD OAKS IN 1 CHANGE OF DIRECTIONS THORNTREE LN 1 TREGO CIR 1 PINERY WAY 1 NUECES CIR 1 GREN CT 1 HARRIET CREEK RANCH, PHASE V 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 eleven (11) intersections at a cost to the Developer of $1,100.00: Fenwick Way & Thorntree Lane Fenwick Way & Trego Cir Fenwick Way & Nueces Cir Fenwick Way & Pinery Way Camp Wood & Thorntree Lane Camp Wood & Pinery Way Wolfridge Lane & Pinery Way Wolfridge Lane & Ford Oaks Lane Foxfield Way & Windthorst Way Foxfield Way & Ford Oaks Lane J Chesser Rd & Gren Ct Harriet Creek Ranch, Phase V CFA code: 2005071 May 28, 2005 N M N I {D C 0 ` L G Z m C m h Q W � O s m� s =o W WLA U i Y U o = a r �� ERE z •a 30Nrd S:oe T p I LU Islip u N d O � Z pv 5 a 0 L, 0 m m 0 0 0 v m 0 d o a L rn D Ln m � J e Qi .H U w ! p p k .1 h A .7r'I 1 ^ h ase ----- a 13 . _-' pw ..-- ----- - --- �- --- 1 w n n p it R p p -- --- p p w _ a a z -.--- A Z LJJ c w U r� J W VIO L' my CY W W m d� syya t---------- Q:3 —O d to .:4Am U7 J LL i .._.. 1 N>-' :>W LTJ O in LL Oa O>- Or �O mm mm — n W � ! 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