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HomeMy WebLinkAboutContract 33991 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Gehan Homes, Ltd., a Texas Limited Partnership, hereinafter called "Developer", desires to make certain improvements to Stone Creek Ranch Phase III, 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, Denton and Wise 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 and subsequently amended, is hereby incorporated into this Community Facilities Agreement as if copied 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 11, of the Policy. D. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and accep o E ^^01 City. INYV �MR;T %}ff E. The Developer shall award all contracts for the conruf fb 0 community facilities in accordance with Section II, paragraph 7 of the Policy. 1 F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. 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 negoli.,-ence of the City of Fort Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. 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). J. 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). K. 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. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to a���irlr�� ��'n% r G fy 111th� construct current and future improvements provided for in this agreement. M. 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. N. 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. 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 $436,323.77. 3 SUMMARY OF COST Stone Creek Ranch Phase 111 Item Developer City Cost Total Cost Cost A. Construction 1. Streets $292,257.70 $292,257.70 2. Storm Drainage $103,919.00 $103,919.00 3. Street Lights $24,200.00 $24,200.00 4. Street Name Signs $100.00 $100.00 B. Engineering Design C. Construction Engineering and Management by DOE 4% $15,847.07 $15,847.07 TOTALS $436,323.77 $436,323.77 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. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Paid $73,191.00 for future improvements for Bowman Roberts Road. 4 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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 4 92006. RECEIVEn Approval Recommended: MAY 2 5 20ffi Transportation and Public Works Department Robert Goode, P. E. Director gMarc ort rt NO M&C REQUIRED V I - L tt Assistant City Manager ATTEST: Malty Hendrix 4 City Secretary A rov d as to DEVELOPER Gehan Homes, Ltd. ssist Ci Attorney a Texas Limited Partnership By: Gehan Homes I, Inc. ATTEST: a Texas Corporation its Gen al Partner By: _ Corporate Secretary Peter M. Gehan Vice President J Date:_ ��/O6 T FFIC HMO x1111M! UV `�2y 5 FT. L:'J���� , YEN. ..... ..... ........... .... t-AATE.'.it-AU RGSS . AA FO .VRT T. ....... . ........... ....... .. n 7.3 6 *W 01-.�:42.9 ::: -0 - NO:,::- PH NE .00 iiv STONE CREEK RANCH PHASE III APRIL 18, 2006 PAVING ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABILIZED SUBGRADE 11,229 S.Y. 1.55 17,404.95 2 HYDRATED LIME (30#/SY) 168 TON 95.00 15,960.00 3 6" R.C. STREET PVMT W/7" CURB 10,876 S.Y. 22.25 241,991.00 4 4' X 4' CONCRETE SIDEWALK BY DEVELOPER 2,219 S.F. 3.25 7,211.75 5 SIDEWALK RAMPS 3 EA. 600.00 1,800.00 6 TESTING FOR LIME AND PAVEMENT 1 L.S. 3,390.00 3,390.00 7 ,PAYMENT, PERFORMANCE MAINTENANCE BOND 1 L.S. 4,500.00 4,500.00 ITOTAL - PAVING $292,2L7�.7O PERIMETER STREET ESCROW-1/2 41' B-B BOWMAN ROBERTS ROAD, 885 L.F. ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABILIZED SUBGRADE 2,116 S.Y. 2.25 4,761.00 2 HYDRATED LIME (30#/SY) 32 TON 105.00 3,360.00 3 7" R.C. STREET PVMT W/7" CURB 2,015 S.Y. 26.00 52,390.00 4 SIDEWALKS RAMPS 2 1 EA. 600.00 1,200.001 5 ISIDEWALKS 3,280 1 S.F. 1 3.50 1 11,480.00 TOTAL - ESCROW (BOWMAN ROBERTS ROAD) $73=1-00 11 9= G:\JOB\013175\EST\SCRcfaPH220040716.xis 4/18/2006 _ SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION A-STREET IMPROVEMENTS 210 1• 11,229 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation Of Subgrade), complete in place for the sum of One Dollars & Fift Five Cents per Square Yard 1 $ 1.55 $ 17,404.95 212 2. 168 TON Lime for Subgrade(30#/S.Y.)" complete in place fo'r the sum of Ninety Five . Dollars & No Cents per Ton $ 95.00 $ 15,960.00 312 3. 10,876 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb), complete in place for the sum of Twenty Two Dollars & Twenty Five Cents per Square Yard $22.25 $241,991.00 4. 2,219 S.F. 4'x 4" Concrete Sidewalk"by Developer" (as shown on plans), complete in place for the sum of _ Three Dollars& TwentV Five Cents per Square Foot $3.25 $7,2-11.75 5. 3 EA. Sidewalk Ramps, complete in place for the sum of Six Hundred Dollars& No Cents per Each $ 600.00 $ 1,800.00 6. 1 L.$. Testing for Lime and Pavement, complete in place for the sum of One Dollars& No Cents per Each $ 1.00 $3,390.00 7. 1 L S Payment, Performance, Maintenance Bond One. Dollars& No Centsper Each $ 1.00 $4,500.00 SECTION A --- STREET IMPROVEMENTS $292,257.70 N:J08\0131751spec\013175.Paving.doc B-2 V� ��i�ln1 x �V�1 TOTAL AMOUNT BID STREET IMPROVEMENTS $ 292,257.70 GRAND TOTAL AMOUNT BID $ 292,257.70 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. Owner shall be responsible for installation of all silt barriers,sediment traps,check dams,and seeding. The Earthwork contractor shall be responsible for the"Construction Entrance/Exit'installation. NM013\0131751spec1013175.Paving.doc B-3 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: 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 working 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. X B.The principal place of business of our company or our parent company or majority owner is in the State of Texas. N:JOB\013175\spec\013175.Paving.doc B-4 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, - Gilco C tractin c. _ By: Title Dal H. Gilreath resident Address Gilco Contracting, Inc. 5,36*,...a..T..4 ._y 4200 S, Hulen St., Suite 513 Fort Worth, Texas 76109 Fort Worth,4* ?6119,1 t3ij 7 35 --16&0 S44—P4-4-596 -i c,- _ Telephone:��nco6 (Seal) Date: N:UOB\013175\spec\013175.Paving.doc B-51 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. 57 L.F. 24"Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Forty Five Dollars & No Cents per Linear Foot $45.00 $2,565.00 440 2. 46 L.F. 27"Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Fifty Five Dollars& No Cents peTL7inear Foot $55.00 $2,530.00 440 3. 177 L.F. 30" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Sixty Five Dollars& No Cents per Linear Foot $65.00 $ 11,505.00 — 440 4. 335 L.F. 33" Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Seventy Dollars& No Cents per Linear Foot $70.00 $23,450.00 440 5. 449 L.F. 36"Class III R.C. Pipe, Including Trench Excavation and Backfill, complete in place for the sum of Eighty Dollars& No Cents perUinear Foot $80.00 $35,920.00 1444 6. 4 Ea. 10'Standard Curb Inlet, complete in place for the sum of Two Thousand Dollars& No Cents Each $2,000.00 $ 8,000.00 NAJOB10131751spec\013175.Util.doc B-8 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT - ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 444 7. 1 Ea. 15'Standard Curb Inlet, complete in place for the sum of Three Thousand Dollars& No Cents Each $ 3,000.00 $ 3,000.00 444 8. 2 Ea. Standard 4'Square Manhole, complete in place for the sum of Two Thousand Dollars& No Cents Each $2,000.00 $4,000.00 444 9. 1 L.S. Adjust Existing 4'Square Manhole Rim at Paving Sta. 29+84.09, Spring Ranch Drive, complete in place for the sum of Three Hundred Fifty Dollars& No Cents per Lump Sum $ 350.00 $350.00 444 10. 1 L.S. Adjust Existing 4'Square Manhole Rim at Paving Sta. 19 + 55.68, Chalk Hollow Drive, complete in place for `I the sum of Three Hundred Fifty Dollars & No Cents per Lump Sum $ 350.00 $350.00 444 11. 9 S.Y. 18"Thick Rock Rip Rap, complete in place for the sum of Sixty Five Dollars& No Cents per Lump Sum $65.00 $585.00 _.I 444 12. 1,064 L.F. Trench Safety I I One Dollars & No Cents per Linear Foot $ 1.00 $ 1,064.00 13. 270 S.Y. Trench Pavement Repair Along Bowman-Roberts Road per detail, - complete in place for the sum of Thirty Dollars& No Cents per Square Yard $30.00 $8,100.00 N:UOB\0131751spec\013175.Util.doc B-9 � 'NM l SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT - ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 14. 1 L.S. Storm Water Pollution Prevention Two Thousand Five Hundred Dollars& No Cents per—Lump Sum $2,5 0.00 $2,500.00 SECTION C --- STORM DRAIN SYSTEM $103,919.00 See Item D-43 of the Special Conditions Section A-Water...............................................................................$ 119,398.00 Section B-Sanitary Sewer...............................................................$ 165,468.20 Section C-Storm Drain....................................................................$ 103,919.00 TOTAL....................................$ 388.785.20 N:1JOB10131751spec1013175.Util.doc B-10 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 D. R. Horton-Texas, Ltd., 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 working days after issue of the work order by the Owner, and to complete the contract within 80 calendar 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 [j 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. [X] B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. N:1J08\013175\spec\013175.Util.doc B-11 Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Respectfully submitted, Conatser Construction TX. LP. (SEAL) BY: Jerry Conatser If Bidder is Corporation. TITLE: ADDR SS: P O Box 15448 Fort Worth, TX 76119 N:MOB\013175\spec\013175.Util.doc B-12 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 1 EA $ 2, 000 $2, 000.00 MID-BLOCK RESIDENTIAL 6 EA $ 2, 000 $12, 000. 00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2, 000 $8, 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 $ 11500 $0, 000. 00 Subtotal $22,000.00 City's Cost $00,000.00 Developer's Subtotal $22,000.00 10% Contingencies $2,200.00 Project Total $24,200.00 Adjacent Developer's Cost $00,000.00 Developer's Cost $24,200.00 2% Inspection Fee $00,000.00 CFA CODE #2004174 DEVELOPER'S COST: $24,200.00 STONE CREEK RANCH, PHASE III January 3, 2005 Fort Worth, Texas January 3, 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 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: $24,200.00 STONE CREEK RANCH, PHASE III January 3, 2005 FORT WORTH, TEXAS (CFA CODE #2004174) Page II of Exhibit C III. "STREETLIGHTS" INTERSECTIONS CHALK HOLLOW DR & SPRING RANCH DR 1 MID BLOCK GRANITE CREEK DR 1 CHALK HOLLOW DR 2 SPRING NRANCH DR 3 CHANGE OF DIRECTIONS SPRING BRANCH DR 2 CHALK HOLLOW DR 1 GRANITE CREEK DR 1 STONE CREEK RANCH, PHASE III 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 one (1) intersections at a cost to the Developer of$100.00: Spring Ranch Dr & Chalk Hollow Dr Stone Creek Ranch, Phase III CFA code: 2004174 December 30, 2004 o 0 o o . 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