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HomeMy WebLinkAboutContract 32317 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary r , r COUNTY OF TARRANT § Contract No 1 WHEREAS, D.R. Horton — Texas, Ltd., hereinafter called "Developer", desires to make certain improvements to Winchester Park Phase I, 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-ph 1 1 E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, 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). 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. w CFA-tpw-ph1 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. 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 $1,989,752.10. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $993,315.10 $ - $993,315.10 2. Storm Drainage $836,061.00 $ - $836,061.00 3. Street Lights $85,800.00 $85,800.00 4. Street Name Signs $1,400.00 $1,400.00 B. Engineering Design $ C. Construction Engineering $73,176.00 $73,176.00 and Management by DOE 4% TOTALS $1,989,752.10 $ - $1,989,752.10 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 CFA-tpw-phl (3).doc 3 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 a4� -, 2005. Approval Recommended: Transportation and Public Works Department NO M&C REQUIREDf Robert P. E. Director ATTEST: City Of For,Worth V` By: _ Marc Ott City Secretary Assistant City Manager Appro 0/d as to Form: ssistant i Att ev DEVELOPER D.R. Horton—Texas, LTD., a Texas limited partnership, By: D.R. Horton, Inc. ATTEST: a Delaware Corporation its Authorize gent By: Corporate Secretary Do E. Allen, Assistant Secretary CFA-tpw-ph 1 4 PART B -PROPOSAL This proposal must not be removed from this book of Contract Documents. RE C I p TO: D.R. HORTON-TEXAS, LTD. DEVELOPER c/o CARTER & BURGESS, INC. PROPOSAL FOR: STREET IMPROVEMENTS FOR WINCHESTER PARK PHASE I FILE NO. W-1666 D.O.E.NO. 4903 X-16497 Includes the furnishing of all materials, except materials specified to be famished by the City, equipment and labor for the installation of water and sanitary sewer facilities and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: Winchester Park Phase I Street Improvements 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 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 fiunished 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 City Engineering Department 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: N:\JOB\013838\Spec\013838010.B.doc B-1 UNIT IV: PAVING IMPROVEMENTS 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) 1. 40,502 S.Y. 6"Lime Stabilized Subgrade(Included Preparation of Subgrade). Per Square Yard Two Dollars & No Cents $2.00 $81,004.00 2. 608 Ton Lime for Subgrade (30#/S.Y.)* Per T„ Ninety Eight Dollars.& No . Cents $98.00 $59,584.00 3. 14,612 S.Y. 7"Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb). Per Square Yard Nineteen Dollars & Eighty Cents $19.80 $289,317.60 4. 24,408 S.Y. 6"Reinforced Concrete Pavement (Includes Joint Sealer and 7" STD Attached Concrete Curb). Per Square Yard Nineteen Dollars & Forty Cents $19.40 $473,515.20 N:\JOB\013838\Spec\013838010.B.doc B-2 I 5. 270 S.Y. Temporary Asphalt Pavement Per Square Yazd Forty Dollars & No Cents $40.00 $10,800.00 6. 4,921 L.F. 4' Sidewalk. Complete in Place for the Per Square Yi -LPneart Thirteen Dollars & Seven Cents $13.70 $67,417.70 7. 2 Ea. Sign R2-1 Per F'c-h Two Hundred Eighty Dollars & No Cents $280.00 $560.00 8. 1 Ea. Sign W9-2R Per Eea 1, Two Hundred Eighty Dollars No Cents $280.00 $280.00 9. 1 Ea. Sign W4-2L Per Square Yard. Eacf, Two Hundred Eighty Dollars I No Cents $280.00 $280.00 I I i N:VOB\013838\Spec\013838010.B.doc B-3 it 10. 1 Ea. Sign R4-7A Per$ d E�ct► Two Hundred Eighty Dollars & No Cents $280.00 $280.00 11. 1 Ea. Sign R2-5A-1 Per Squafe-YaFd mac h Two Hundred Eigthy Dollars & No Cents $280.00 $280.00 12. 505 Ea. Type W-4 Pavement Markers. Per Se-Yar-d Eac x Two Dollars & TbjM Cents $2.30 $1,161.50 13. 201 Ea. Type U-AA-4 Pavement Markers. Per Sq�ua;:e Yafjc=1, Three Dollars & Twen Cents $3.20 $643.20 14. 200 Ea. Type U-CR-4 Pavement Markers. Per Stead-Ej°-A Three Dollars & Twenty Cents $3.20 $640.00 15. 553 Ea. Type Y-4 Pavement Markers. Per Feet Two Dollars & Thilty Cents $2.30 $1,271.90 N:\JOB\013838\Spec\Oi3838010.B.doc B-4 16. 28 L.F. Construct End of Road Barricade. Per Liee��f Thirty five 7 Dollars & No Cents $35.00 $980.00 17. 5 Ea. Remove Existing Barricade Per SquaFe �a C j'L Four Hundred Dollars & No Cents $400.00 $2,000.00 18. 1 L.S. Storm Water Management. Per Lump Sum Three Thousand Three Hundred Dollars & No Cents $3,300.00 $3,300.00 TOTAL AMOUNT BID PAVING IMPROVEMENTS $ 993,315.10 i i I N:\JOB\013838\Spec\013838010.B.doc B-5 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 certified 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 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 ernployee 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. NAJ0B\013838\Spec\013838010.B.doc B-6 The Bidder agrees to begin construction withicalendar days after issue of the work order, and to complete the contract withinal"endar days after beginning construction as set forth in the written work order to be famished by the Owner. (Complete A or B below, as applicable:) t A. The principal place of business of our company is in the State of I 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. i N:\JOB\013838\Spec\013838010.B.doc B-7 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: t Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted, Rodman Paving By �C Title Address 6831 Ash Street Frisco, TX 75034 Telephone: (972) 335-4510' I (Seal) Date: N:\JOB\013838\Spec\013838010.B.doc B-8 rl L. C&B No. 013838.010 CARTER:& BURGESS lNc 47-7.MAIN STl r~r:�i' f31 `f t 1 TwH l XA 7fr'102 . a»:::�11 trri 8�:.:`47.5�.:7 ::� :.. :::.: �� :•.::::�: CFA Estimate for: WINCHESTER PARK PH . I May 16, 2005 STORM DRAIN SYSTEM Item No. DESCRIPTION QTY UNIT PRICE AMOUNT 1 4-10'x10' Multiple Box Culvert 97 L.F. 1,459.00 141,523.00 2 3-8'x5' Multiple Box Culvert 120 L.F. 788.00 94,560.00 3 6'x4' Sin le Box Culvert 287 L.F. 219.00 62,853.00 4 4'x3' Sin le Box Culvert 117 L.F. 161.00 18,837.00 5 Straight Wings for 4'x3' SBC 1 L.S. 7,000.00 7,000.00 6 Parallel Wings for 3-8'x5' MBC 1 L.S. 40,000.00 40,000.00 7 Modified Straight Wings for 4-10'x10' 1 L.S. 40,000.00 40,000.00 8 Modified Parallel Wings for 4-10'x10' 1 L.S. 36,470.00 36,470.00 9 Concrete Drop Structure 768 S.Y. 38.00 29,184.00 10 48" RCP 334 L.F. 110.00 36,740.00 11 39" RCP 349 L.F. 74.00 25,826.00 12 36" RCP 559 L.F. 64.00 35,776.00 13 33" RCP 36 L.F. 58.00 2,088.00 14 30" RCP 500 L.F. 52.00 26,000.00 15 27" RCP 786 L.F. 48.00 37,728.00 16 24" RCP 538 L.F. 44.00 23,672.00 17 21" RCP 138 L.F. 40.00 5,520.00 18 30" Headwall 1 EA. 2,500.00 2,500.00 19 STD 20' Curb Inlet 3 EA. 3,600.00 10,800.00 20 Non STD Depth 20' Curb Inlet 1 EA. 3,800.00 3,800.00 21 Non STD 15' Curb Inlet 2 EA. 3,400.00 6,800.00 22 STD 10' Curb Inlet 4 EA. 2,200.00 8,800.00 23 INon STD Depth 10' Curb Inlet 12 EA. 2,400.00 28,800.00 24 Manhole Riser 2 EA. 500.00 1,000.00 25 STD 5' SQ Manhole 2 EA. 3,300.00 6,600.00 26 STD 4' SQ Manhole 5 EA. 2,500.00 12,500.00 27 Rip Ra 24" Thick 1,427 S.Y. 55.00 78,485.00 28 Rip Ra 18" Thick 134 S.Y. 35.00 4,690.00 29 Concrete Rip Rap (6" Thick) 96 S.Y. 38.00 3,648.00 30 Trench Safety 3,861 L.F. 1.00 3,861.00 TOTAL -STORM DRAINAGE SYSTEM $836,061.00 G:\JOB\013838\EST\CFA Estimate Ph 120050621.xls Page 4 of 5 I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 4 EA $ 2, 000 $8, 000.00 MID-BLOCK RESIDENTIAL 9 EA $ 2, 000 $18, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 11 EA $ 2, 000 $22, 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 12 EA $ 2, 500 $30, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $78 ,000 .00 City' s Cost $00 ,000 .00 Developer' s Subtotal $78 ,000. 00 10% Contingency $7 ,800.00 Project Total $85,800.00 Adjacent Developer' s Cost $00,000. 00 Developer' s Cost $85,800.00 2% Inspection Fee $00 ,000.00 CFA CODE #2005088 DEVELOPER' S COST: $85,800 . 00 WINCHESTER PARK, PHASE I Fort Worth, Texas July 13, 2005 PAGE I OF Exhibit C 7"I' 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: $85,800 . 00 WINCHESTER PARK, PHASE I July 13, 2005 FORT WORTH, TEXAS CFA CODE #2005088 Page II of Exhibit C III "STREETLIGHTS" INTERSECTIONS WHITTENBURG DR & CROWNE ST 1 CROWNE ST & CROWNE CT 1 CROWNE ST & LEGATO LN 1 COLLIN DR & COLLIN CT 1 MID BLOCK MANCHESTER DR 2 DICKENS WAY 1 CROWNE ST 2 COLLIN DR 1 LEGATO LN 1 DEVON DR 2 CHANGE OF DIRECTIONS MANCHESTER DR 2 WHITTENBURG CT 1 BENTLEY DR 3 DICKENS WAY 1 COLLIN CT 1 COLLIN DR 2 CROWNE CT 1 MID BLOCK MEDIAN HEMPHILL ST 12 (DOUBLE ARMS) WINCHESTER PARK, PHASE I Page III of Exhibit C 3)a�+rr?,r i 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 fourteen (14) intersections at a cost to the Developer of $1,400.00: Hemphill St & Manchester Dr Hemphill St & Dickens Way Hemphill St & Legato Lane Hemphill St & Collin Dr Hemphill St & Devon Dr Bentley Dr & Manchester Dr Bentley Dr & Dickens Way Crowne St & Manchester Dr Crowne St & Crowne Ct Crowne St & Whittenburg Dr Crowne St & Legato Lane Whittenburg Dr & Whittenburg Ct Collin Dr & Collin Ct Collin Dr & Devon Dr Winchester Park, Phase I CFA code: 20050878 July 6, 2005 t 6�': S 1 1►ir br•r � bI� f Wf � 1 r Ri 1 CkF �`/r7y 1 1�+1 i� irrld M T 1 SYCA� I T j '1 N N106T NOT TO SCALE LOCATION MAP WINCHESTER PARK PHASE 1 Cmrtw Bur"ss CARTER & BURGESS,INC. 777 AWN STREET FORT WORTH,TX 76102 1917)73540M PROJECT NO. 013838.010.1.0630 ALTA W-SA SOUTH ADDITION y M CABINET At SLIDE 4513 r LOU I S IANA—N11NT N PETRD14Jy �..BO!Z,pQAT 1 pry TRACT , p a�1AN NA_# Q VOL801 C��TIOM r 2.M 129 TRACT I SCALEo l" = 300' t O ,. , „ a ,t r ,t n p URG a t „ p N Q C �C , Y b - Jtn o I ! 4 .N t t- b y N � a co p � n t, r. 7 n n n ri n rr ' r Y Y •t •/ K ON D pp ' G )0 N If N I STREETS EXHIBIT 'B' LEGEND WINCHESTER PARK PROP. 29' B/B PROP. 27' B/B .. PHASE 1 ROADWAY/50' ROW ROADWAY/96' ROW i { PROP. 75' B/B PROP. 4' S I DEWALK •••••••••••••••••••. Carter . Burgess ROADWAY/96' ROW ( BY HOMEBUILDER) CARTER & BURGESS,INC. PROP. 4' S I DEWALK m MAIN mgr TEMPORARY ASPHALT ( BY DEVELOPER) i1n»ooT"602 PAVEMENT LIMITS OF PROJECT — ——_ PROJECT NO. 013838.010.1.0630 ALTA MFSA SOUTH ADDITION CABINET A.SLIDE 45t3 . .LOUISIANA-NUW VT ,X5' 1 PE rnOLEUM COWMATIO, Mo _=.Sol 21P(L 1g.9 TRACT ! ANA- NT Q YaCORPORATION -•801 z,Pa1129 TRACT 1 SCALEI 1" = 300' A ' A D ° 4 D„ / 1 ' a 24' O 21 n 1p q rl ( rJ (� A n N O 300 9. „ 27" B I ' U O n 81 x4'I o X1 D' 61 x4l 2 ' c P -3�' 4 3 6 j� �^o - 2 p 71 ' v4i - 0 48' .s T" Ico S N I N Q • 1f 7 « , w n 4-1 STORM DRAIN LEGEND EXHIBIT 'B-l' PROP. STORM DRAIN LINE WINCHESTER PARK PROP. INLET PHASE 1 PROP. MANHOLE PROP. HEADWALL arfsv, Burgess 0 EXIST. STORM DRAIN LINE -_ _ __= CARTER & BURGESS,INC. 777 MNN STMEI LIMITS OF PROJECTFORT WORTH,TX 76102 • (8171735-6000 PROJECT NO. 013838.010.t.0630 ALTA MESA SOUTH ADDITION CAB I NET A.SLIDE 4513 LOUI S IANA-HUNT • N 80 121 rz9 AW MFPORATIDN TRACT , LDUISIAHA-HUNT VPDr zCor�`xRAT I oN • . TRACT I SCALEI 1" = 300' D • 1 ' O6 CR ' f . • f l u l UR O rl n •• ,l u Irl f. WFIITIYNBURO11111111 $G DRIVE ? - 'a u • J J J; m ' • l a cP 6 � _ - O i Q Jb N v� R �aX JN � a r • n li ^^.. n n s .o .r u « I•cl r. N D • O6 n lr lr u a n I I LEGEND STREET LIGHTS 'ROP. SINGLE STREET LIGHT 0 EXHIBIT 'C' DROP. TWIN ARM STREET LIGHT •O WINCHESTER PARK . ONE LUM I NARE) PHASE 1 :XIST. SINGLE STREET LIGHT O ON STEEL POLE WITH STREET kND STOP SIGNS ATTACHED) Ca~ Bwgws 'ROP. STREET SIGN _XIST. STREET SIGN CARTER ESS,INC. FORT WOIITM,T%76104 (617)735-6000 I M I TS OF PROJECT ———— — PROJECT NO. 013838.01 D.1.0630