HomeMy WebLinkAboutContract 32313 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, D.R. Horton — Texas, Ltd., hereinafter called "Developer", desires
to make certain improvements to McPherson Ranch Ph.V, 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 Don Allen, its duly authorized
Assitant Secretary of D.R. Horton Inc. a Delaware Corporation, Authorized Agent
for D.R. Horton — Texas, Ltd. a Texas limited partnership, 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:
1. 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.
CFA-tpw (2)
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section It, of the Policy.
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).
1. 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.
CFA-tpw(2) 2
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 (13-
1) attached; Street Lights and Signs (C) attached.
IT. 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, 131,
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 $452,428.25.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $326,737.25 $ - $326,737.25
2. Storm Drainage $82,232.00 $ - $82,232.00
3. Street Lights $26,400.00 $26,400.00
4. Street Name Signs $700.00 $700.00
B. Engineering Design $
C. Construction Engineering $16,359.00 $16,359.00
and Management by DOE 4%
TOTALS $452,428.25 $ - $452,428.25
Notes:
1. All Preliminary Plats filed after July 2000,will require sidewalks on all streets.
Sidewalk cost is included under street cost. The developer is responsible for installation of 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. Paid $88,841.00 for future improvements of Caylor Road. , r,
w u,
CFA-tpw (7).doc 3
E
inspection fees and materials testing. The City will pay additional inspection fee over
4%.
3. City not preparing plans and specifications.
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
dp"116—, 2005.
Approval Recommended:
Transportation and Public Works
Department
V Robert Goode, P. E.
NO M&C
REQUIRED Director
ATTEST: City Of Fort rth
By:
� /1Cli'iN4-gr Ott
City Secretary Assistant City Manager
Approved s to Form:
r"
Assistant t Att ney
DEVELOPER
D.R. Horton —Texas, LTD.,
a Texas limited partnership,
By: D.R. Horton, Inc.
ATTEST: a Delaware Corporation
its Author' gent
St+ By:
Corporate Secretary Do E. Allen, Assistant Secretary
CFA-tpw (2) 4
RECEIVED
PROPOSAL
(This Proposal must not be removed frorm this book of Contract Documents)
TO: D. R. HORTON-TEXAS, LTD. 7 Fort Worth, Texas
DEVELOPER June 2005
c/o CARTER & BURGESS, INC.
FOR: MCPHERSON RANCH- PHASE V
FILE NO. W-1636
D.O.E. NO. 4814
Pursuant to the foregoing "Notice to Bidders," the undersigned bidder having thoroughly
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
subject to inspection and approval by the Director of Public Works 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 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
proposes to do the work within the time stated and for the following sums:
DESCRIPTION OF ITEMS
SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT
ITEM ITEM QUANTITY WORDS PRICE BID
STREET IMPROVEMENTS
210 1 14,053 S.Y. 6" Lime Stabilized Subgrade
(Includes Preparation of Subgrade),
complete in place for the sum of
One Dollar&
Sixty Five Cents per Square Yard $1.65 $23,187.45
212 2 211 TON Lime for Subgrade (30#/S.Y.)*
complete in place for the sum of
Ninety Seven Dollars &
No Cents per Ton $97.00 $20,467.00
12:'y
N:\JOB\013511\SPEC\013511.030B.doc P- 1
DESCRIPTION OF ITEMS
SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT
ITEM ITEM QUANTITY WORDS PRICE BID
314 3 13,508 S.Y. 6" Reinforced Concrete Pavement
(Includes Joint Sealer and 7" STD
Attached Concrete Curb), complete
in place for the sum of
Nineteen Dollars &
Eighty Five Cents per Square Yard $19.85 $268,133.80
314 4 109 S.Y. 8" Reinforced Concrete Pavement
(Per detail shown in plans),
complete in place for the sum of t.
Twenty Six Dollars & �
No Cents per Square Yard $26.00 $2,834.00 1'
1�
5 276 L.F. 4' Wide Sidewalk, complete in place 1�
for the sum of !
Ten Dollars &
I
No Cents per Linear Foot $10.00 $2,760.00
504 6 10 EA. Wheelchair Ramps, complete in
place for the sum of k
I�
Six Hundred Fifty Dollars &
No Cents per Each $650.00 $6,500.00
506 7 28 L.F. Install Standard End of Road
Barricade per detail SM-12,
complete in place for the sum of
i
i
Twenty Dollars & I'
No Cents per Linear Foot $20.00 $560.00 1
N:\JOB\013511\SPEC\013511.030B.doc P-2
DESCRIPTION OF ITEMS
SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT
ITEM ITEM QUANTITY WORDS PRICE BID
8 59 L.F. Sawcut and Remove Existing
Asphalt Pavement
Five Dollars &
No Cents per Linear Foot $5.00 $295.00
SP 9 1 L.S. Storm Water Management
complete in place for the sum of**
Two Thousand Dollars &
No Cents per Lump Sum $2,000.00 $2,000.00
TOTAL STREET IMPROVEMENTS --- $326,737.25
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.
WUOB\013511\SPEC\013511.030B.doc P-3
This contract is issued by an organization which qualifies 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 all work covered by these Contract Documents within 30 r
calendar days from and after the date for commencing work, as set forth in the written Work Order to 1
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 i
formal contract, and will deliver an approved Surety Bond for the faithful performance of this contract.
"rhe attached deposit check in the amount of five percent (5%) (Bid Bond) is to become the property
of D. R. Horton-Texas, Ltd., 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. i
Respectfully submitted,
i'
1�
Conatser Const ion —TX L.P.
�E
By:
Title: Jerry Conatser, President of
k
Conatser Management Group,Inc,G.P.
Address:
I�
P.O. Box 15448
Fort Worth, TX 76119
(S E A L) If Bidder is Corporation I
DateJ"Z, (� DDS
Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No. 2
Addendum No. 3
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C&B No. 013511.010
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CFA Estimate for:
MCPHERSON RANCH PHASE V
March 29, 2005
STORM DRAIN SYSTEM
Item No. DESCRIPTION QTY UNIT PRICE AMOUNT
1 48" RCP 80 L.F. 110.00 8,800.00
2 36" RCP 213 L.F. 64.00 13,632.00
3 33" RCP 85 L.F. 58.00 4,930.00
4 27" RCP 435 L.F. 48.00 20,880.00
5 24" RCP 122 L.F. 44.00 5,368.00
6 21" RCP 67 L.F. 40.00 2,680.00
7 STD 10' Curb Inlet 4 EA. 2,500.00 10,000.00
8 STD 5' SQ Manhole 1 EA. 3,300.00 3,300.00
9 STD 4' SQ Manhole 3 EA. 2,500.00 7,500.00
10 Asphalt Trench Repair 91 S.Y. 40.00 3,640.00
11 lConcrete Trench Repair 10 S.Y. 50.00 500.00
12 ITrench Safety 1,00TI–T-F—. 1 1.00 1 1,002.00
TOTAL - STORM DRAINAGE SYSTEM $82,232.00
GAJOB\013511\EST\CFA Estimate PhV.xls Page 4 of 5
I . STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 6 EA $ 2, 000 $12, 000 . 00
MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4, 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 $24 ,000.00
City' s Cost $00,000 . 00
Developer' s Subtotal $24 ,000.00
10% Contingency $2,400 . 00
Project Total $26,400. 00
Adjacent Developer' s Cost $00,000.00
Developer' s Cost $26,400. 00
2% Inspection Fee $00,000.00
CFA CODE #2005085
DEVELOPER' S COST: $26,400. 00
MCPHERSON RANCH, PHASE V
Fort Worth, Texas
July 6, 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: $26,400 . 00
MCPHERSON RANCH, PHASE V
July 6, 2005
FORT WORTH, TEXAS
CFA CODE #2005085
Page II of Exhibit C
III
"STREETLIGHTS"
INTERSECTIONS
MARTINSBURG DR & EDINBURGH DR 1
MARTINSBURG DR & DORSET DR 1
MARTINSBURG DR & CAYLOR RD 1
CLAYMORE LANE & EDINBURGH DR 1
CLAYMORE LANE & DANVILLE DR 1
CLAYMORE LANE & FARMINGTON DR 1
MID BLOCK
DANVILLE DR 1
DORSET DR 1
CHANGE OF DIRECTIONS
EDINBURGH DR 1
CLAYMORE LANE 2
DORSET DR 1
MCPHERSON RANCH, PHASE V
Page III of Exhibit C
P.�7 • `'�j
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 seven (7) intersection at a cost
to the Developer of$700.00:
Claymore Lane & Farmington Dr
Claymore Lane & Danville Dr
Claymore Lane & Edinburgh Dr
Edinburgh Dr & Martinsburg Dr
Edinburgh Dr & Dorset Dr
Dorset Dr & Martinsburg Dr
Caylor Rd & Martinsburg Dr
McPherson Ranch, Phase V
CFA code: 2005085 July 5, 2005
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