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HomeMy WebLinkAboutContract 32846 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 Blake Meadows Phase II, 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: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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. Blake Meadows Addition Ph.II-Newer CFA14% and Utilities 10 03 05.docv}g�� 'iljQQ; �p/,��o� 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. Blake Meadows Addition Ph.II-Newer CFA2N and Utilities 10 03 05.doc CRY �� 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-I)-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, 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 $276,278.85. Blake Meadows Addition Ph.II-Newer CFA31% and Utilities 10 03 05.doc SUMMARY OF COST Blake Meadows Addition Phase II Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $202,589.05 202,589.05 2. Storm Drainage $45,756.00 45,756.00 3. Street Lights $17,600.00 17,600.00 4. Street Name Signs $400.00 400.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 9,933.80 9,933.80 $ $ TOTALS 276,278.85 $ - 276,278.85 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. Blake Meadows Addition Ph.II-Newer CFA,#% and Utilities 10 03 05.doc `v���� �11 h � II �7 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 affix d said D eloper has executed this instrument in triplicate,at Fort Worth,Texas this theLday of ,2005. Approval Recommended: Transportation and Public Works Department Q /-"?--', Robert Goode,P. E. Director City oft f ort o NO M&C REQUIRED c Ott Assistant City Manager ATTEST: CA Marty Hendrix City Secretary Approve to Form: //////,V/�' ' a�// A istant ty ttomey ATTEST: DEVELOPER4SCA--'-� ; A V' rc By: Corporate Secretary hefil�—A%t. RECEIVED Blake Meadows Addition Ph.II-Newer CFAX%and Utilities 10 03 05.doc �', � Ciff ' N O N O O r-1 F � r-1 J~ S S S S S S S SSS O Q OCS O 2 O O S p p 1.FC "� O C7 C?CO �O CD CO t0 � 1� O O C7 r t0 N N Q M M Ni M M fA fA fA fA fA H S S S S S S S S S S vvmnrnSSSSea w wwweAw o rn m m ~_U w w w C%i z� �a LLA F- W Q a �- �_ H 47 Q W Cc ¢ a Nam a0 U)O Q O U ; N z L a O m d x Q Y F- _ _A QQ QQ (n m z J J J J J W W W LJ,J J z M O a U H 0 m a� Y l0 C? d t9 E .N LU W 5 Z F- O rn U O r H F y LL W z CJ N y W co ¢ ccLU O G t O N w Z d Z 02 ¢ c Q = Z O m Q Q F- ¢ rn U z O r J O 2 D OC a O ~ aaao aF - � v~i= O m F- CJ CJ U U CJ o W U F- O N L= LL Q CL Q 2 Z N d w 0 N N S M Cq O co N y U d O y' Xnit�.__ .__..... N O r-� O O d q� ro � S oS m F' CV N '- O M I �i O ^ O II9 C r Q yj 69 EA b9 EIi 69(A N O) c0 S S S S S LU O �O ~U z 2 7� W r WCt q} r d O¢ co co CC W Ca O N a W O y O q O N z °a O y x Y r cnQQ (%m z U) U) Q J W J W Z r L 0 O a 0 m Y C? d E LU w O z r = U O W Q m a r W m¢ W LL < CL > w z = U_ ¢ w - = 0 > U 2 C.7 U m y Q N U) C7 � o Z ¢ » a m LU Z w ¢ ¢ V a a Q— r Q X m O W a W m W Q 2 Z WC a Z U w a E � O W Urijw � ¢ N U W �wzF JWUJ J Q Um z U u W Q O r J O ¢ w LL r m H z uj CC w No fn ¢ m O � � a r o¢ � O iD io J fn 47 U m Cl) co N H U d O g X DR HORTON Fax:682-.647-3331 Aug 31 2005 7:56 P.08 UNIT M. STORM DRAIN ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO QUANTITY. BID PRICES WRTCTEN IN WORDS PRICE AMOUNT r (Furnish and install,including all appurtenant work, complete in place,the following items) 1. 252 L.F. 21"Class III R.C.P:; Per Linear Foot; Fn� ll Dollars and ,ire Cents _ 2. 74 L.F. 24"Class III R.C.P.; Per Linear Foot: &d"Ave Dollars $ y100 $ 33,330.c� and ,vo Cents 3. 23 L.F. 30" Class ID R.C.P.; Per Linear Foot: S;� + Dollars $ is D.Ob $ Cents -- 4. 91 L.F. 36" Class III R.C.P.; Per Lin=Foot: SeygtJV -t ve _Dollars $ S-0 S and tie Cents 5. 16 L.F. 42"Class 111 R.C.P.; Per Linear Foot: /J!'nty- ✓e Boilers $ 9S DO $ zo, o and :vo Cents — 6. 6 EA. Standard 10' Curb Inlet; Per Each: two t h o ura"dDollars S j-Z koogb and ..o _Cents of 1vi;;'� 13-7 �d% ? u DR HORTON Fax:682-647-3331 Aug 31 2005 756 P.09 7. 1 EA. Standard 4' Storm Drain M.H.; Per Each: Dollars $ 4900-4 $.,,�,k0o.as ant A40 Cents 8. 1 EA. Type 1 Storrs Drain M.H.; Per Each: ���K Sr�t�u"�`"13oUars S��ya•oa �..�5�DODO.DQ ~ aad .vim Cents 9. 421 L.F. Trench Safety Systern, D-18; -' Per Linear Foot: /)ne . Dollars $ /.Da $ yzl.OQ and dec Cents 10. 2 EA. Standard 15' Curb Inlet; Per Each: �a � �u�n�ollars $ 00•Q $ S .00 and Cents TOTAL AMOUNT BID UNIT III: STORM DRAIN B-s � � �? DR HDRTON Fax:682-647-3331 Aug 31 2005 7:57 P. 10 UNIT IV: PAVING MTROVEIIENTS ITEM APPROY. 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. 8031 S.Y. 6"Reinforced 3500 psi Concrete Pavement w/7" Curb; Per Square Yard: Zie YZ Yo l ien i 4 Dollars and ,{ridet'i Cents 2. 8579 S.Y. 6"Lime Stabilized Subgrade @ 27 Lbs./S.Y.; Per Square Yard: 6n a Dollars 71.Il and e�dh tv- 're. Cents �T 3. 108 TONS Lime; Per Ton: :nett- :I�e� Dollars $ . 85.00 S .2(60.00 and .✓o Cents 4. 74 L.F. Sawcut and Connect to Existing Pavement;Per Linear Foot: F"�fce� Dollan $ /5.00 $ 1/D.00 and--___ace_Cents 5. 50 L.F. Concrete Flume with 5"Curb, 3 ft B=B;Per Linvor Foot: �&en Dollars and & Cents 6. 8 Each Barrier-Free Ramps (No Pavestone); Per Each: 5,9&19A Dollars $_ &Q.0 $ S400.60 and .vo Cents B-9 - � •�ij'il�'�f u l � ( DR HORTON Fax:682-647-3331 Aug 31 2005 7:57 P. 11 7. 2 Each Standard Street-End Barricade and .. Header,Per Each: ,I,'n hC4 aiyd, /Dollars $ 100.00 S and .v O Cents r - TOTAL AMOUNT BID UNIT IV: PAVING $ X02 5�9�Q5 V B-10 DR HEIRTON Fax:682-.647-3331 Pug 31 2005 7:57 P. 12 TOTAL AMOUNT BID-UNIT I WATER $ $ p TOTAL AMOUNT BID-UNIT II- SEWER /D 7, S&'b.LIS TOTAL AMOUNT BID-UNIT III-STORM DRAIN $ YS.256 .00 TOTAL AMOUNT BID-UNIT IV-PAVING '- IMPROVEMENTS $ 2 D� �1 os GRAND TOTAL AMOUNT BID $ B-11 DR HCIRTON Fax-.682-647-3331 Aug 31 2005 7:57 P.13 .. '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 perfornuanee 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. r 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 shalt be required to perform the work in accord with the following publications, boar 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 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 7 calendar days afterissue of the wank order, and to complete the contract within 100 working days after beginning construction as set forth in the written work order to be fi=-shed 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,arerequired to be percent lower than resident bidders by state law. A copy of the statute is attached. B-12 NT. - C'P A7U` Oaf Da HCRMN Fax:682-647-3331 Aug 31 2005 7:58 P. 14 r Non resident bidders in the State of_ ,our principal place of business,are not required to undabid-resident bidders. B.The principal place of business of our company or our parent company or majority owner is in the State of Texas. r V I Y� Y B-13 DR HORTON Fax=682-647-3331 Aug 31 2005 7:58 P. 15 I(we)ackr►awledge receipt of the following addenda to the pians and specifications„ali of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. l (Initials) Addendum No.3 (Initials) Addendum No.2 (Initials) Addendum No.4(Initials) Respectfully submitted, o L. _ b Y Co fta�rr ani [A G/'d-P/ZAC' ltj c p By: Address dart rtA, 76ll4 Telephone: S6/7-S3 Y- /Z Y3 (Seal) Date: -Suer,6 cr 0 o5 J B-14 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 2, 000 $6, 000 . 00 MID-BLOCK RESIDENTIAL 3 EA $ 2, 000 $6, 000. 00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 000. 00 MID-BLOCK COLLECTOR 2 EA $ 2, 000 $4, 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 $ 1, 500 $0, 000. 00 Subtotal $16,000.00 City' s Cost $00,000. 00 Developer' s Subtotal $16,000.00 10% Contingency $1,600.00 Project Total $17, 600.00 Adjacent Developer' s Cost $00,000.00 Developer' s Cost $17,600.00 2% Inspection Fee $00,000.00 CFA CODE #2005091 DEVELOPER' S COST: $17,600. 00 BLAKE MEADOWS ADDITION, PHASE II Fort Worth, Texas August 4, 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: $17, 600.00 BLAKE MEADOWS ADDITION, PHASE II July 30, 2005 FORT WORTH, TEXAS CFA CODE #2005091 Page II of Exhibit C 151 III "STREETLIGHTS" INTERSECTIONS REDCLOUD DR 6 SUNLIGHT DR 1 REDCLOUD DR 6 WINDOW DR 1 SUNLIGHT DR 6 WINDOW DR 1 MID BLOCK SUNLIGHT DR 1 WINDOW DR 2 CHANGE OF DIRECTIONS SUNLIGHT DR 1 WINDOW DR 1 BLAKE MEADOWS ADDITION, PHASE II Page III of Exhibit C Mv�b�. d�dV JNJ Off 'x�:�'i5 l 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. 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