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HomeMy WebLinkAboutContract 34202COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary rJJ) COUNTY OF TARRANT § Contract No.k�.LbC WHEREAS, Pulte Homes of Texas, L.P., hereinafter called "Developer", desires to make certain improvements to Vista Meadows North, Phase I Addition, 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 Donald J. Dkystra, 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% VISTA MEADOWS NORTH PH 1 F G M I. J. K. L. 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 iniuries, death or damages are caused. in whole or in part, by the alleged negligence of the Citv of Fort Worth, its officers, servants, or employees. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. 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). 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). 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. 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. 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% VISTI MEADOWS NORTH PH 1 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 $536,400.56. Item Developer City Cost Total Cost Cost Construction 1. Streets $418,991.10 $ 418,991.10 2. Storm Drainage $53,509.44 $ 53,509.44 3. Street Lights $44,000.00 $ 44,000.00 4. Street Name Signs $1,000.00 $ 1,000.00 IB. Engineering Design $ - C. Construction Engineering $ - and Management by DOE (4%) $ 18,900.02 $ 18,900.001 TOTALS $ 536,400.56 $ - $ 536,400.561 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 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. Future improvement cost for Ray White Road and N. Beach to be submitted with execution of this contract. CFA REVISED FORMAT WITH 4% VISTA MEADOWS NORTH PH 1 ICAT 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��i day of(W Q�, . 2001� Approval Recommended: Transportation and Public Works Department L�O PSI&C Itll UlIZED Robert Goode, P. E. .__ _ , Director ATTEST: City Of Fort Worth fyl\ g-k B _ ,/ itl ar ry' j( Marc Ott City Secretary Assistant City Manager as to F Assistant ATTEST: / DEVELOPER Pulte Homes of Texas, L.P. &� ; i s �rt f12rG P(iri�lQt^, PW �, B :,TnC, ,_ I j 4rptte Secretary Donald J. IYykstla, Vice President CFA REVISED FORMAT WITH 4% VISTA MEADOWS NORTH PH I SPEC PAY APPROXIMATE ITEM ITEM QUANTITY STREET IMPROVEMENTS 210 1. 13,674 S.Y. 212 2 314 3. 314 4. DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of UNIT AMOUNT PRICE BID One Dollar & Forty-five Cents per Square Yard $ 1.45 19,827.30 198 TON Lime for Subgrade (30#/S.Y.) complete in place for the sum of Eighty-five Dollars & No Cents per Ton 13,177 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb), complete in place for the sum of $ 85.00 16,830.00 Sixteen Dollars & Fifty Cents per Square Yard $ 5,964 S.Y. 6" Lime Stabilized Subgrade for 41' Section along Ray White Road (Includes Preparation of Subgrade), complete in place for the sum of One Dollars & Forty-five Cents per Square Yard $ NAJOB10107221SPEC101072201.00a.doc P-2 16.50 217,420.50 1.45 8,647.80 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 314 5. 89.5 TON Lime for Subgrade (30#/S.Y.)* for 49' Section along Ray White Road complete in place for the sum of Eiqhtv-five Dollars & No Cents per Ton $ 85.00 7,607.50 314 6. 5,774 S.Y. 6" Reinforced Concrete Pavement for 41' Section along Ray White Road (Includes Joint Sealer and 7" STD Attached Concrete Curb), complete in place for the sum of Sixteen Dollars & Fiftv Cents per Square Yard $ 16.50 95,271.00 314 7. 22 EA. Wheelchair Ramps, complete in place for the sum of Five Hundred Dollars & No Cents per Each $ 500.00 11,000.00 314 8. 1 L.S. Storm Water Management complete in place for the sum of ** Five Hundred Dollars & No Cents per Lump Sum $ 500.00 500.00 314 9. 37.5 L.F. End of Road Barricade Thirtv-five Dollars & No Cents per Linear Foot $ 35.00 1,312.50 N:\JOB\010722\SPEC\01072201.00a.doc P-3 SPEC PAY ITEM ITEM 314 10. 11. DESCRIPTION OF ITEMS APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT QUANTITY WORDS PRICE BID 14,330 S.F. 4' Sidewalk along North Beach Street and Ray White Road (both sides) Two Dollars & Sixty-five Cents per Square Foot $ 2.65 37,974.50 104 S.Y. 6" Transition Pavement, complete in place for the sum of Twenty-five Dollars & No Cents per Square Yard $ 25.00 2,600.00 TOTAL STREET IMPROVEMENTS --- $418,991.10 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. N:AJOB\010722\SPEC\01072201.00a.doc P-4 `JP: uVg �GJo This contract is issued by an organization which qualities 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 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 ail work covered by these Contract Documents within 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 amount of five percent (5%) (Bid Bond) is to become the property of the Developer, 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. Address: P. O. Box 24442 Fort Worth, TX 76124 (S E A L) If Bidder is Corporation Date Receipt is acknowledged of the following addenda: ' Addendum No. 1 Addendum No. 2 Addendum No. 3 N:1JOB1o107221SPEC101072201.00a.doc P-5 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN ITEM ITEM QUANTITY WORDS SECTION C - STORM DRAIN SYSTEM 440 1. 524 L.F. 24" Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in place for the sum of 440 2. 32 L.F. 444 3. 6 Ea 444 4. 2 Ea. Forty-two Dollars & No Cents per Linear Foot $ 21" Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in place for the sum of UNIT AMOUNT PRICE BID 42.00 22,008.00 Thirtv-five Dollars & No Cents per Linear Foot $ 35.00 1,120.00 10' Standard Curb Inlet, complete in place for the sum of Two Thousand Four Hundred Dollars & No Cents per Each $ 2,400.00 14,400.00 15' Standard Curb Inlet, complete in place for the sum of Two Thousand Eight Hundred Ninety-five Dollars & No Cents per Each $ 2,895.00 5,790.00 N:\JOB\010722\SPEC\01072201.00b.doc P -7 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 444 5. 2 Ea. Standard 4' Square Manhole, complete in place for the sum of Three Hundred Four Hundred Fortv-one Dollars & No Cents per Each $ 3,441.00 6,882.00 6. 1 L.S. Adjust Exist Drain Manhole along Ray White Road Three Hundred Sixtv-one Dollars & Twenty-eight Cents per Lump Sum $ 361.28 361.28 525 7. 556 L.F. Trench Safety One Dollars & Eleven Cents per Linear Foot $ 1.11 617.16 S.P. 8. 1 L.S. Storm Water Management (Maintenance of Construction Entrance/Exit and Silt Barriers and Installation of Stage One and Stage Two Inlet Protectors)* Two Thousand Three Hundred Thirtv-one Dollars & No Cents per Lump Sum $ 2,331.00 2,331.00 SECTION C - - - STORM DRAIN SYSTEM + $53,509.44 * See Item D-43 of the Special Conditions NAJOB\01 0722\SPEC\01 072201.00b.doc P -8 MKI711 ,.1 o ,. Section A- Water.................................................................... $137,775.18 Section B - Sanitary Sewer .................................................... $141,715.38 Section C - Storm Drain........................................................... $53,509.44 TOTAL $333,000.00 NAJOB10107221SPEC101072201.00b.doc P -9 PART B - PROPOSAL (cant.) 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 Pulte Homes of Texas, L.P., 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 ,30 calendar days after issue of the work order by the Owner, and to complete the contract within 11 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 -LX [ ] 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:UOB%0107221SPEC101072201.00b.doc P -10 Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum -No. 3 (SEAL) If Bidder is Corporation. 4 I ` N:1JOB10107221SPEC\01072201.00b.doc BY: TITLE: Respectfully submitted, Llano Utili Services. Inc. U� ADDRESS: 3501 FM 2181. Suite 245 Corinth: TX 76205 P-11FYI F III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE INTERSECTIONS MID -BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID -BLOCK COLLECTOR MID -BLOCK ARTERIAL PARKWAY MID -BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT QUANTITY UNIT COST 9 EA $ 2,000 9 EA $ 2,000 2 EA $ 2,000 0 EA $ 2,000 0 EA $ 2,500 0 EA $ 2,500 0 EA $ 1,500 Subtotal City's Cost Developer's Subtotal 10% Contingencies Project Total Adjacent Developer's Cost Developer's Cost 2% Inspection Fee DEVELOPER'S COST: $44,000.00 VISTA MEADOWS NORTH, PHASE I August 27, 2003 Fort Worth, Texas PAGE 1 OF Exhibit C TOTAL COST $18,000.00 $18,000.00 $4,000.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 $40,000.00 $00,000.00 $40,000.00 $4,000.00 $44,000.00 $0,000.00 $44,000.00 $0,00.00 September 11, 2003 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 of Transportation and Public Works. 3. The Developer's shall pay the amount shown below to the City of Fort Worth at the time after execution of the Communities Facilities Agreement. 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. 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 or their contractor shall contact City's street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-8100 to insure proper inspection of work. DEVELOPER'S COST: $44,000.00 VISTA MEADOWS NORTH, PHASE I FORT WORTH, TEXAS August 27, 2003 Page 2 of Exhibit C STREET LIGHTS INTERSECTIONS RAY WHITE RD & STING RAY DR 1 RAY WHITE RD & N. BEACH ST 1 N. BEACH ST & SHELDON TRL 1 SHELDON TRL & JAYBIRD DR 1 N. BEACH ST & JAYLIN ST 1 STING RAY DR & BUTTERFLY WAY 1 DRAGONFLY LN & TADPOLE DR 1 JAYBIRD DR & JAYLIN ST 1 JAYBIRD DR & DRAGONFLY LN 1 MID- BLOCK RAY WHITE RD 4 DRAGONFLY LN 2 BUTTERFLY WAY 1 JAYBIRD DR 2 CHANGE OF DIRECTIONS BUTTERFLY WAY 2 TWENTY D-25-6 POLES VISTA MEADOWS NORTH, PHASE I Page 3 of Exhibit C IV STREET NAME SIGNS 1. The Developer 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. 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 ten (10) intersections at a cost to the Developer of $1,000.00: Jaybird Drive and Sheldon Trail Jaybird Drive and Jaylin Street Jaybird Drive and Dragonfly Lane Jaybird Drive and Butterfly Way North Beach Street and Sheldon Trail North Beach Street and Jaylin Street Tadpole Drive and Dragonfly Lane Tadpole Drive and Butterfly Way Sting Ray Drive and Butterfly Way Sting Ray Drive and Ray White Road Vista Meadows North Phase I Fort Worth, Texas Date:August 28, 2003 IV-1 ! BLUE MOUND RI). E J Q 11 x m=ORT WORT FORT WORTH 00 z w � w FORT WORTHZ o ►- a j m xo J�I z w o x a Q— KfillLLER HICKS z U KELLER HICKS �I 2 0001 M a� FORT WORTH ' ❑O7 GOLDEN I i n FM 17 FORT GOLDEN TRIANGLE J3L.VD.FM 170 z��_ PROJECT FORT WORTH _o � �I LOCATION ='u :I I RAY WHITE �D HERITAGE _ \\ H TRACE PKWY KISD zo -ORT WORTµ z I z w, 91 of J 3I Q" M xI `7 a x U Q w m x ER x -2 I WALL NORTH TARRANT�2 —J PRICE W PARKWAY �� � � Al ^-- 3 NOT TO SCALE LOCATION MAP VISTA MEADOWS NORTH PHASE I r CARTER & BURGESS, INC. 777 MAIN SUM FONT WORM, TX 76102 (817( 795-6000 PROJECT NO. 010722.010. 1.0001 aecr I nr 9 t w N 1 2 3 4 YYY S D (D SCALEl i" = 200' •''� '• ' LEGEND / 16 Is f5 � PROP. 29' 8/B ROADWAY/ 50' ROW 14 /4 13 ! 13 PROP. 41' B/B ROADWAY/70' ROW Lv= 12 12 PROP. 4' SIDEWALK ••••••••••••••••••• o r/: 10 --- ✓ LIMITS OF PROJECT — — — — -6 STREETS 5 i EXHIBIT 'B' 4 VISTA MEADOWS NORTH 3 � 3 PHASE I }�— 2 I I I s ,ET j 1 2 14 30 29 28 71 26 25 24 23 22 21 20 19 18 17 16 !8 3 0.i D G Y 12 x /6 11 30 29 18 17 26 25 24 23 Z1 21 10 19 18 17 16 IS 1 2 3 4 5 6 7 8 9 /0 11 11 /3 14 15 !, 14 O 9 13 % • :• `i B 'ANY O6 5 4 3 2 (3� Q ` 1 1 3 4 5 9 6 7 8 YEO CITY PARTICIPATION (PREVIOUS ESCROW) I • O I Cater Burgess CARTER & BURGESS, INC. 7" MHN SIPHI FORT WORTH, A 76102 (HI7173id000 PROJECT NO. 010T22.010. 1.0001 PAGE 4 OF / 71717 5 1... N �S LDNDI .SCALEo 1" = 2001 LEGEND 16 16 U;�GU ZN PROP. STORM DRAIN LINE 15 'S 0� 5 PROP. INLET T /4 /4 \'i5�_ .Q PROP. MANHOLE —[ 13 1.3 PROP. HEADWALL 12 1 1 EXIST. STORM DRAIN LINE q /1 LIMITS OF PROJECT — — — lo ,o I 6 STORM D RAI N w 5 -�- EXHIBIT 'B-1' 4 4 VISTA MEADOWS NORTH PHASE I 1 � I 1 � S15 II , /9, ,4\ A N - /4 ti 30 29728 27 26 (7: 24 23 22 2/ 20 l9 l8 17 /6 18 /6 11 t , 4't 30 29 26 27 26 25 24 23 zz 21 20 19 /8 /7 16 IE., 15 /0 21"21" /4 24" `La / 2 3 4 5 6 7 8 9 /0 // /2 13 14 15 g 012 B�RFT,Y �►AY i O---2 , a2 3 4 5 6 7 8 9 / YELZ RAY WMM ROAD tS jCartw . CARTER & BURGES4, INC. 777 MAR! SMM ' FORT WORTH, iX 76104 (817) 735-6000 PROJECT NO. 010722.010.1.0001 . .. _ o•rr c nr c H col �i x z 1 1 3 4 5 Nlulu o� SCALE1 1" = 200' oj& I� LEGEND 10 !6 1111 SET> ��'1.� PROP. SINGLE STREET LIGHT 1z �O` w iV IS I S x- 4 EXIST. SINGLE STREET LIGHT 14 /4 �. Q-r�.C;• (ON STEEL POLE WITH STREET AND STOP SIGNS ATTACHED) 13 /3 PROP. STREET SIGN 12 12 EXIST. STREET SIGN 11 p 11 LIMITS OF PROJECT — 10 • /o 1 I 10 8 a \J �I 16 1 1 6 i STREET LIGHTS i-1-1 EXHIBIT 'C' • 4 VISTA MEADOWS NORTH 4 3 PHASE I 2 I I , U l 15 ✓ /9 14 30 29 28 27 26 O 24 23 22 21 20 19 l8 17 l6 13 Q D Y — !8 -^71 • • • 17 f2 �I — _ — — • a 16 30 29 28 27 26 25 24 23 22 2/ 20 19 18 17 16 IH /S ti /4 (0 7 e 9 10 11 12 13 14 15 /3 BUTT*RFI2Y �+✓AY 8 • — . . • 12 O/ 6 5 4 3 2 / (7,1 2 3 4[.5 6 7 8 9 10 O I _ A _ RAY WHITE ROAD Carter Burgess CARTER & BURGESS, INC. 777 AWN STREET FORT WORM, TX 76102 1817) 7356000 PROJECT NO. 010T22.010. 1.0001 DAf_`C a nr