HomeMy WebLinkAboutContract 31442 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. �f `
WHEREAS, D.R. Horton - Texas, Ltd., hereinafter called "Developer", desires
to make certain improvements to Alexandra Meadows Phase VI, 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:
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.
CFA-tpw-4-re83-02-05AO8 : 10 RCVD 1
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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 neelikence 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.
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CFA-tpw-4-rev 2 � '�`S�'`f'°
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 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, B 1,
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 $226,935.15
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $148,670.95 $ - $148,670.95
2. Storm Drainage $50,834.00 $ - $50,834.00
3. Street Lights $19,250.00 $19,250.00
4. Street Name Signs $200.00 $200.00
B. Engineering Design $
C. Construction Engineering
and Mana ement b DOE 4% $7,980.20 $7,980.20
TOTALS $226,935.15 $ - $226,935.15
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
Alexandra Meadows Ph VI 01 20 05 3
IL'k ILII,
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
200/;5-.
Approval Recommended:
Transportation and Public Works
m Department
or_t_:av: Authorization)
e Robert 600de, P. E.
Director
ATTEST: City Of Fort Worth
Ey-�(kA OCAA-k��
d-(� he. + x Marc Ott
City Secretary Assistant City Manager
Approved as to Form:
C*Assistan �C�ityAttomey
DEVELOPER
D.R. Horton —Texas, LTD.,
a Texas limited partnership,
By: D.R. Horton, Inc.
ATTEST: a Delaware Corporation
its Allthor17P.(j Agent
By:
ort Secretary Don Allen, Assistant Secretary
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LEGEND
PROP. 29' B/B �"' STREETS
ROADWAY/50' ROW ,. EXHIBIT 'B'
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PROP. 28' B/B o�.l�' ALEXANDRA MEADOWS
ROADWAY/1 1 0' ROW
PHASE VI
PROP. 4' SIDEWALK ......•
( BY HOMEBUILDER)
PROP. 4' S I DEWALK �� ! SIL=. ', Carter Burgess
( BY DEVELOPER) ;(i:^'i�f S?` CARTER & BURGESS,INC.
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LIMITS OF PROJECT 017 735-6000
PROJECT NO. 013510.029.1.0001
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STORM DRAIN
LEGEND , EXHIBIT 'B-l'
PROP. STORM DRAIN LINE oP ALEXANDRA MEADOWS
PROP. INLET r PHASE VI
PROP. MANHOLEVla,�n
PROP. HEADWALL �' r.t � ` +
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EXIST. STORM DRAIN LINE ___�___ sy:?;�,�, s U[? + CARTER & BURGESS,INC.
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LEGEND ��f STREET LIGHTS
PROP. DOUBLE ARM STREET N 4" EXHIBIT 'C'
LIGHT. ( ONLY 1 HUM I NA I REp•�; ALEXANDRA MEADOWS
INSTALLED WITH THIS CONTRACT) o��►
PROP. SINGLE STREET LIGHT • PHASE VI
EXIST. STREET LIGHT Q -
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PROP. STREET SIGN ,:��'l'Jv '�! a� ���
EXIST. STREET SIGN Q V �Lr G1 f 'Sniij rie CARTER & BURGESS,INC.
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PROJECT NO. 013510.020.1.0001
DESCRIPTION OF ITEMS
SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT
ITEM ITEM1
QUANTITY WORDS PRICE BID
7 226 EA. Type Y-4 Pavement Markers,
complete in place for the sum of
Five Dollars &
Fi Cents per Each $5.50 $1,243.00
8 58 EA. Type II-A-4 Pavement Markers,
complete in place for the sum of
Six Dollars &
Fifty Cents per Each $6.50 $377.00
9 30 S.Y. 12" Deep Rock Rip Rap, complete
in place for the sum of
Forty-Five Dollars &
No Cents per Square Yard $45.00 $1,350.00
10 28 L.F. End of Road Barricade, complete in
place for the sum of
Fifteen Dollars &
No Cents per Linear Foot $15.00 $420.00
SP 11 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
TOTAL STREET IMPROVEMENTS --- 1 $148,670.95
' City of Fort Worth requires a minimum of 30#/S.Y. The Paving Contractor will be responsible for a lime series test as directed
•i 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:JOB\013510\specs\01351002.0013.doc P-3
LThis 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
Lpractices.
The undersigned agrees to complete all work covered by these Contract Documents within 30
calendar 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 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.
Respectfully submitted,
Conatser Construction TX LP
By:
r
- Jerry Conatser,President of
Title: Conatser Management Group,Inc,G.P.
Address: P.O. Box 15448
Fort Worth. Texas
(S E A L) If Bidder is Corporation
DatezAvewb,,r 3U,Z.00 /
Receipt is acknowledged of the following addenda:
CAddendum No. 1
Addendum No. 2
Addendum No. 3
CRY R 2§1C,PH!11U,'�V
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DESCRIPTION OF ITEMS
SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT
ITEM ITEM QUANTITY WORDS PRICE BID
SECTION C- STORM DRAIN SYSTEM
1. 678 L.F. 27" 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 $30,510.00
2. 362 L.F. 24" Class III R.C. Pipe, Including
Trench Excavation and Backfill,
Complete in place for the sum of
Forty Dollars &
No Cents per Linear Foot $40.00 $14,480.00
3. 14 L.F. 21" Class III R.C. Pipe, Including
Trench Excavation and Backfill,
Complete in place for the sum of
Thirty-Five Dollars &
No Cents per Linear Foot $35.00 $490.00
4. 1 Ea. Standard 4' Square Manhole,
complete in place for the sum of
Fifteen-Hundred Dollars &
No Cents per Each $1,500.00 $1,500.00
11'ITY
UOB\013510\specs\01351002.00A.doc P- 10 � R
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DESCRIPTION OF ITEMS
SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT
ITEM ITEM QUANTITY WORDS PRICE BID
5. 1 Ea. Standard 4' x 4' Drop Inlet
Ei-ghteen Hundred Dollars &
No Cents perEach $1,800.00 $1,800.00
6. 1,054 L.F. Trench Safety
One Dollars &
No Cents per Linear Foot $1.00 $1,054.00
7. 1 L.S. Storm Water Management
(Maintenance of Construction
Entrance/Exit and Silt Barriers and
Installation of Stage One and Stage
Two Inlet Protectors)'
One Thousand Dollars &
No Cents per Lump Sum $1,000.00 $1,000.00
SECTION C --- STORM DRAIN SYSTEM $50,834.00
See Item D-43 of the Special Conditions
Section A-Water...........................................................................
......$ 47.816.90
Section B - Sanitary Sewer..................................................................$48.591.00
Section C- Storm Drain.......................................................................$50.834.00
TOTAL.....................................$147_,241_90
N:UOB\013510\specs\01351002.00A.doc P-11
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 5 calendar days after issue of the work order by the
Owner, and to complete the contract within 30 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
[] 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.
4:UOB\013510\specs\01351002.00A.doc P- 12 �• , ,i ar �1�'
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Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No. 2
Addendum No. 3
Respectfully submitted,
Conatser Cons tion TX L.P.
( SEAL)
BY:—
Jerry
Y: Jer y Conatser,President of
If Bidder is Corporation. Conatser Management Group,Inc.G.P.
TITLE:
ADDRESS: P.O. Box 15804
Fort Worth, TX 76119
F
7
N:U08W135101sj a W1351002.00A doc P-13
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 1 EA $ 2, 000 $2, 000 . 00
MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $4, 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 3 EA $ 2, 500 $7, 500. 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $17 ,500.00
City' s Cost $00, 000 . 00
Developer's Subtotal $17,500.00
10% Contingencies $1,750.00
Project Total $19,250.00
Adjacent Developer's Cost $0 ,000.00
Developer's Cost $19,250.00
2% Inspection Fee $0,00.00
CFA CODE #2004117
DEVELOPER' S COST: $19,250 .00
ALEXANDRA MEADOWS, PHASE VI
August 23, 2004
Fort Worth, Texas
August 23, 2004
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: $19,250.00
ALEXANDRA MEADOWS, PHASE VI
August 23, 2004
FORT WORTH, TEXAS
CFA CODE #2004117
Page II of Exhibit C
73
III.
�' �I"4 r�
"STREETLIGHTS"
INTERSECTIONS
MARK IV PKWY 6 ADONA DR 1
MID-BLOCK
ADONA DR 2
CHANGE OF DIRECTIONS
GENEVA CT 2
MID-BLOCK ARTERIAL MEDIAN
MARK IV PKWY 3 (DOUBLE ARMS)
ALEXANDRA MEADOWS, PHASE VI
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 two (2) intersections at a cost
to the Developer of $200.00:
Mark IV Pkwy & Adona Dr
Geneva Ct & Claire Dr
Alexandra Meadows, Phase VI
CFA code: 2004117 August 20, 2004