HomeMy WebLinkAboutContract 31440 03-02-05An9 : 01 RCVD
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 31 �-6
WHEREAS, Centex Homes, a Nevada General Partnership, hereinafter called
"Developer", desires to make certain improvements to Deer Valley, D.O.E. #4694 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 Centex Homes Real Estate
Corporation, A Nevada Corporation its duly authorized Managing Partner, and acting
through Bred Pedigo, 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.
New CFA 4% and Utilities 02 02 05.htm 1 �
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.
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 alle'aed neglizence 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).
New CFA 4% and Utilities 02 02 05.htm 2 = 131 7.1'� vS,
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.
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 (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.
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, B 1, 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, BI,
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 $1,083,566.42.
3
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.
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 q dav of `4 L
200 5-
Approval Recommended:
Transportation and Public Works
Department
C�2
Robert Goode, P. E.
Director
City f Fo Wo
',
Marc Ott
Assistant City Manager
ATTEST:
VJIi 4r �5�7dJIC�,�j
New CFA 4% and Utilities 02 02 05.htm 4
ffi (
DEVELOPER
Marty HendAK Centex Homes
City Secretary A Nevada General Partnership
By: Centex Homes Real Estate Corp.
Approved as to Form:
A Nevada Corporation
Managing Partner
By: ITV"�
AAssistanty Attorney BVei Pedigo ice President
ATTEST:
Corporate Secretary
Off JK���`',if;�'
New CFA 4% and Utilities 02 02 05.htm 5 FT,
SUMMARY OF COST
Deer Valley
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $693,070.10 $ 693,070.10
2. Storm Drainage $287,763.00 $ 287,763.00
3. Street Lights $61,600.00 $ 61,600.00
4. street I ame Signs $1,900.00 $ 1,900.00
B. Engineering Design $ -
C. Construction Engineering
a.,a Ift-ago. ent by nnG (4%) $ 39,233.32 39,233.32
11G IV IGI IG GIIIGIII V VVL
TOTALS $ 1,083,566.42 1 $ - $ 1,083,566.42
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PROPOSAL
(This Proposal rust not be removed from this book of Contract Documents)
TO: CENTEX HOMES Fort Worth, Texas
DEVELOPER November 2004
c/o CARTER & BURGESS, INC.
FOR: STREET IMPROVEMENTS FOR
DEER VALLEY
DEPARTMENT OF ENGINEERING No. 4694
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:
(Furnish and Install, including all appurtenant work, complete in place, the following items):
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
STREET IMPROVEMENTS
210 1. 32,358 S.Y. 6" Lime Stabilized Subgrade (Includes
Preparation of Subgrade), complete in
place for the sum of
One Dollar &
Five Cents per Square Yard $1.05 $33,975.90
212 2. 485 Tons Lime for Subgrade (30#/S.Y.)*
complete in place for the sum of
Eighty-seven Dollars &
No Cents per Ton $87.00 $42,195.00
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNITAMOUNT
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
314 3. 31,356 S.Y. 6" Reinforced Concrete Pavement
(Includes Joint Sealer, and 7" STD
Attached Concrete Curb), complete in
place for the sum of
Eighteen Dollars &
Twenty Cents per Square Yard $18.20 $570,679.20
4. 26 EA. ADA Sidewalk Ramps, complete in
place for the sum of
Five Hundred Dollars &
No Cents per Each $500.00 $13,000.00
5. 2,615 S.F. 4' Sidewalks, complete in place for the
sum of
Three Dollars &
No Cents per Square Foot $3.00 $7,845.00
6. 3 EA. End of Road Barricade, complete in
place for the sum of
One Thousand
Three Hundred Twenty-five Dollars &
No Cents per Each $1,325.00 $3,975.00
7. 1 L.S. Payment, Performance and
Maintenance Bonds
Twenty-one Thousand
Four Hundred Dollars &
No Cents per Lump Sum $21,400.00 $21,400.00
TOTAL STREET IMPROVEMENTS --- $693,070.10
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.
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 successful Bidder shall be required to complete the attached Statement of Materials and
Other charges at the time of executing the contract.
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
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 sum of 5% GAB Dollars (Bid Bond) is to become
the property of Centex Homes 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.
Respectfully bmitted,
By:
dale
Title: President
Address: GOIGO GGAtFaCtGng, 1PIC
4200 S, Hulen St., Suite 513
(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
SPEC PAY APPROXIMATF- DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID
SECTION C - STORM DRAIN SYSTEM
1440 1. 246 L.F. 6' x 3' R.C. Box Culvert Including
402 Trench Excavation and Backfill,
complete in place for the sum of
Two Hundred Four Dollars &
No Centsper Linear Foot $204.00 $50,184.00
440 2. 118 L.F. 48" Class III R.C. Pipe Including
402 Trench Excavation and Backfill,
complete in place for the sum of
One Hundred Sixteen Dollars &
No Cents per Linear Foot $116.00 $13,688.00
440 3. 26 L.F. 39" Class III R.C. Pipe Including
402 Trench Excavation and Backfill,
complete in place for the sum of
Ninety-six Dollars &
No Cents per Linear Foot $96.00 $2,496.00
440 4. 960 L.F. 36" Class III R.C. Pipe Including
402 Trench Excavation and Backfill,
complete in place for the sum of
Seventy-three Dollars &
No Cents per Linear Foot $73.00 $70,080.00
013670.00B P-11
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITI(� PRICES WRITTEN IN WORDS PRICE BID
440 5. 40 L.F. 33" Class III R.C. Pipe Including
402 Trench Excavation and Backfill,
complete in place for the sum of
Sixty-four Dollars &
No Cents per Linear Foot $64.00 $2,560.00
440 6. 330 L.F. 30" Class III R.C. Pipe Including
402 Trench Excavation and Backfill,
complete in place for the sum of
Fifty-six Dollars &
No Cents per Linear Foot $56.00 $18,480.00
440 7. 101 L.F. 27" Class III R.C. Pipe Including
402 Trench Excavation and Backfill,
complete in place for the sum of
Fifty-one Dollars &
No Cents per Linear Foot $51.00 $5,151.00
440 8. 700 L.F. 24" Class III R.C. Pipe Including
402 Trench Excavation and Backfill,
complete in place for the sum of
Forty-three Dollars &
No Cents per Linear Foot 1 $43.00 1 $30,100.00
013670.008 P-12
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITYt PRICES WRITTEN IN WORDS PRICE BID
440 9. 83 L.F. 21" Class III R.C. Pipe, including
402 trench excavation and backfill,
complete in place for the sum of
Thirty-eight Dollars &
No Cents per Linear Foot $38.00 $3,154.00
444 10. 14 Ea. 10' Standard Curb Inlet, complete in
place for the sum of
Two Thousand Dollars &
No Cents per Each $2,000.00 $28,000.00
444 11. 4 Ea. 15' Standard Curb Inlet, complete in
place for the sum of
Two Thousand
Eight Hundred Dollars &
No Cents per Each $2,800.00 $11,200.00
410 12. 5 Ea. 4' Square Storm Drain Manhole,
complete in place for the sum of
Two Thousand
Four Hundred Dollars &
No Cents per Each $2,400.00 $12,000.00
410 13. 1 Ea. 5' Square Storm Drain Manhole,
complete in place for the sum of
Two Thousand Six Hundred Dollars &
No Cents per Each $2,600.00 $2,600.00
013670.00B P-13
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITY. PRICES WRITTEN IN WORDS PRICE BID
410 14. 1 Ea. Standard Storm Drain Manhole Riser,
complete in place for the sum of
One Thousand
Nine Hundred Forty Dollars &
No Cents per Each $1,940.00 $1,940.00
410 15. 1 Ea. 6' x 3' Parallel Concrete Wingwall,
includes Grade to Drain excavation,
complete in place for the sum of
Five Thousand
Eight Hundred Dollars &
No Cents per Each $5,800.00 $5,800.00
410 16. 1 Ea. 48" R.C. Pipe sloping Headwall,
complete in place for the sum of
Two Thousand
Six Hundred Dollars &
No Cents per Each $2,600.00 $2,600.00
410 17. 1 Ea. 30" R.C. Pipe sloping Headwall,
complete in place for the sum of
One Thousand Six Hundred Dollars &
No Cents per Each $1,600.00 $1,600.00
410 18. 4 Ea. 24" R.C. Pipe sloping Headwall
complete in place for the sum of
One Thousand Four Hundred Dollars
No Cents per Each $1,400.00 $5,600.00
013670.008 P-14
SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM ITEM QUANTITY, PRICES WRITTEN IN WORDS PRICE BID
410 19. 299 S.Y. Rock Rubble Rip Rap, complete in
place for the sum of
Fifty Dollars &
No Cents per Square Yard $50.00 $14,950.00
410 20. 1 Ea. Concrete Weir, complete in place for
the sum of
Three Thousand
Eight Hundred Dollars &
No Cents per Each $3,800.00 $3,800.00
525 21. 2,601 L.F. Trench Safety
No Dollar &
Thirty Cents per Linear Foot $0.30 $780.00 .
22. 1 L.S. Storm Water Management
One Thousand Dollars &
No Cents per Lump Sum $1,000.00 $1,000.00
SECTION C -- - STORM DRAIN SYSTEM: $287,763.00
SUMMARY
Section A Water System $ 435.244.40
Section B Sanitary Sewer System $ 345,886.70
Section C Storm Drain System $ 287.763.00
Total Amount of Bid $ 1.068,894.10
013670.00B P-15
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 Developer, 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 calendar days after issue of the work order
by the Owner, and to complete the contract within 70 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.
[j Nonresident bidders in the State of , our principal place of business,
are not required to underbid resident bidders.
DI B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
013670.008 P-16
Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No. 2
Addendum No. 3
Respectfully submitted,
u o Construction Inc.
( SEAL )
BY:
If Bidder is Corporation.
TITLE: }�tzrc�i�E�vT
ADDRESS: gZoo -5 au►eN ST. 513
-Few,- Wm+z-r►a. Tx 7 e..1 Dpi
013670.00B P-17
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 15 EA $ 2, 000 $30, 000 . 00
MID-BLOCK RESIDENTIAL 6 EA $ 2, 000 $12, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 8 EA $ 2, 000 $16, 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 $58,000.00
City's Cost $00,000.00
Developer's Subtotal $58 ,000.00
10% Contingencies $5,800.00
Project Total $63,800.00
Adjacent Developer's Cost $00,000 .00
Developer's Cost $61, 600.00
2% Inspection Fee $00,000 .00
CFA CODE #2004172
DEVELOPER' S COST: $63,800. 00
DEER VALLEY
January 31, 2005
Fort Worth, Texas
January 31 , 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: $63,800.00
DEER VALLEY
January 31, 2005
FORT WORTH, TEXAS
CFA CODE #2004172
Page II of Exhibit C
III.
"STREETLIGHTS"
INTERSECTIONS
CRESCENT RIDGE DR & PARK CITY TRI, 1
CHALK MOUNTAIN DR & PARK CITY TRI, 1
WOLF MOUNTAIN LN & PARK CITY TRL 1
DEER MEADOWS LN & CHALK MOUNTAIN DR 1
DEER MEADOWS LN & WEBER RIVER TRL 1
DEER MEADOWS LN & WOLF MOUNTAIN LN 1
WEBER RIVER TRL & MCPHERSON RD 1
WEBER RIVER TRL & PARK CITY TRL 1
WOLF MOUNTAIN LN & ROSSIGNOL ST 1
CHALK MOUNTAIN DR & OLD BURLESON RD 1
WOLF MOUNTAIN LN & OLD BURLESON RD 1
SILVER LAKE TRL & TAMARON CT 1
ROOSEVELT GAP CT & DEER RUN 1
OLD BURLESON RD & DEER RUN 1
ANIMAS CT & DEER RUN 1
MID-BLOCK
DEER MEADOWS LN 2
WOLF MOUNTAIN LN 1
CHALK MOUNTAIN LN 1
CRESCENT RIDGE DR 1
TAMARRON CT 1
CHANGE OF DIRECTIONS
ROSEVELT GAP CT 1
SILVER LAKE TRL 2
ROSSIGNOL ST 1
FLAGSTAFF RUN 2
TAMARRON CT 1
ANIMAS CT 1
DEER VALLEY
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 nineteen (19) intersections at a
cost to the Developer of $1,900.00:
Old Burleson Rd & Deer Run
Animas Ct & Deer Run
Roosevelt Gap Ct & Deer Run
Silver Lake Tr & Deer Run
Tammaron Ct & Silver Lake Tr
Old Burleson Rd & Wolf Mountain Lane
Old Burleson Rd & Chalk Mountain Dr
Park City Tr & Wolf Mountain Lane
Park City Tr & Crescent Ridge Dr
Park City Tr & Chalk Mountain Dr
Park City Tr & Weber River Tr
Park City Tr & Flagstaff Run
Rossignol St & Wolf Mountain Lane
Rossignol St & Crescent Ridge Dr
Deer Meadows Lane & Wolf Mountain Lane
Deer Meadows Lane & Chalk Mountain Dr
Deer Meadows Lane & Weber River Tr
Deer Meadows Lane & Flagstaff Run
McPherson Rd & Weber River Tr
Deer Valley
CFA code: 2004172 January 7, 2005