HomeMy WebLinkAboutContract 31814 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary LI
COUNTY OF TARRANT § Contract No.� T
WHEREAS, KB Home Lonestar, L.P., a Texas limited partnership,
hereinafter called "Developer", desires to make certain improvements to Amber Trails
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 KBSA, Inc. a Texas
Corporation, its general partner and by Sue A. Blankenship, its duly authorized
Secretary 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.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, p 1Gy�_, ,
u r.
CFA AMBER TRAILS PH 1
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 alleeed nealikence 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.
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
9
.�J i• � 1.-.� 1.... . . .....
CFA AMBER TRAILS PH 1 2 v
Water(A) None; Sewer(A-1) None; Paving (B) attached; Storm Drain(B-
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, Bl,
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 $352,278.00.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $ 247,808.00 $ - $ 247,808.00
2. Storm Drainage $ 67,363.00 $ - $ 67,363.00
3. Street Lights $ 24,200.00 $ - $ 24,200.00
4. Street Name Signs $ 300.00 $ - $ 300.00
B. Engineering Design $ - $ - $ -
C. Construction Engineering
and Management by DOE 4% $ 12,607.00 $ 12,607.00
TOTALS $ 352,278.00 $ - $ 352,278.00
Notes:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
Sidewalk for border streets included under street cost and in development bond. A
separate bond was submitted for interior streets.
2. Developer's column for Item C represents two percent (2%) cost for construction
inspection fees and materials testing less 10% for contingency cost.
(*) Represents City participation for construction fees based on actual cost.
3. City not preparing plans and specifications.
CFA AMBER TRAILS PH 1 3
U oi
U 4 � M
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 Devel er
has executed this instrument in triplicate, at Fort Worth, Texas this the L'day of JOYA
, 20(./5
Approval Recommended:
Transportation and Public Works
Department
NO M&C REQUIRED Robert Goode, P. E.
Director
ATTEST: Caarc
jrftto4h ,
YYMr� L }�C alr,4 tt
City Secretary Assistant City Manager
Approv to Form:
Assistant�Yvorney
ATTEST: DEVELOPER
By: _ i� f�m� lorV� 5 r�� Lp
Corporate Secretary a
by: 1A U54, In(--, n Te�Gs arpora*
I� 9enCrol ��ifru
CFA REVISED FORMAT WITH 4%.doc 4
CARTER & BURGESS, INC.
777 MAIN STREET, FORT WORTH, TEXAS 76102
PHONE NO. (817)735-6000 or Metro(817) 429-0170
AMBER TRAILS
PHASE I
OCTOBER 23, 2003
PAVING
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
1 6" LIME STABILIZED SUBGRADE 6,565 S.Y. 1.40 9,191.00
2 HYDRATED LIME 30#/SY 99 TON 90.00 8,910.00
3 6" R.C. STREET PVMT W/7" CURB 6,352 S.Y. 18.00 114,336.00
4 6" LIME STABILIZED SUBGRADE (WEATHERFORD) 4,328 S.Y. 1.40 6,059.20
5 HYDRATED LIME 30#/SY WEATHERFORD 65 TON 90.00 5,850.00
6 6" R.C. STREET PVMT W/7" CURB WEATHERFORD 4,172 S.Y. 18.00 75,096.00
7 ASPHALT PVMT 574 S.Y. 15.00 8,610.00
8 SIDEWALKS (WEATHERFORD & CHAPEL CREEK) 6,447 S.F. 2.25 14,505.75
9 SIDEWALKS RAMPS WEATHERFORD) 5 EA. 350.00 1,750.00
10 PAVEMENT MARKINGS 1 L.S. 1,500.00 1,500.00
12 STORM WATER MANAGEMENT 1 L.S. 2,000.00 2,000.00
TOTAL- PAVING $247,807.95
G`JQB'0131101EST1atphlcfa.xls irf
CARTER & BURGESS, INC.
777 MAIN STREET, FORT WORTH, TEXAS 76102
PHONE NO. (817) 735-6000 or Metro (817)429-0170
AMBER TRAILS
PHASE I
OCTOBER 23, 2003
STORM DRAINAGE
ITEM# DESCRIPTION ®TY UNIT PRICE AMOUNT
1 54" RCP 57 L.F. 105.00 5,985.00
2 39" RCP 198 L.F. 126.00 24,948.00
3 36" RCP 165 L.F. 51.00 8,415.00
4 30" RCP 87 L.F. 87.00 7,569.00
5 24" RCP 36 L.F. 34.00 1,224.00
6 21" RCP 39 L.F. 30.00 1,170.00
9 TRENCH SAFETY STORM DRAIN 582 L.F. 1.00 582.00
11 STD 10' CURB INLET 3 EA. 2,500.00 7,500.00
13 54" TYPE B HEADWALL 1 EA. 3,500.00 3,500.00
15 4' SQUARE MANHOLE 1 EA. 2,200.00 2,200.00
18 CHANNEL EXCAVATION 380 C.Y. 4.00 1,520.00
19 ROCK RIP RAP 25 C.Y. 30.00 750.00
20 STORM WATER MANAGEMENT 1 L.S. 2,000.00 2,000.00
TOTAL-STORM DRAINAGE $67,363.00
CITY �u
G:UQs\0131101EST1atph1cfa.xls ��,
III. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 5 EA $ 2 , 000 $10, 000 . 00
MID-BLOCK RESIDENTIAL 2 EA $ 2 , 000 $4 , 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2 , 000 $0, 000 . 00
MID-BLOCK COLLECTOR 4 EA $ 2 , 000 $8, 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 $22, 000 .00
City' s Cost $00, 000 . 00
Developer' s Subtotal $22, 000.00
10% Contingencies $2,200.00
Project Total $24, 200 . 00
Adjacent Developer' s Cost $0, 000. 00
Developer's Cost $24,200.00
2% Inspection Fee $0, 00.00
DEVELOPER'S COST: $24,200.00
AMBER TRAILS, PHASE I
December 9, 2003
Fort Worth, Texas
December 10, 2003
PAGE 1 OF Exhibit C S
2 . 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 Developer' s shall pay the amount shown below to the City of Fort
Worth at the time after execution of the Communities Facilities
Agreement.
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 . A 3-inch schedule 80 PVC conduit is required when crossing streets
at a depth not less than 30 inches, unless indicated otherwise on
the plans concrete pull boxes shall be provided at the crossing
points .
7 . The developer or their contractor shall contact City' s street light
division 48 hours prior to starting any installation of conduit
and/or streetlights at (817) 871-8100 to insure proper inspection of
work.
DEVELOPER'S COST: $24,200.00
AMBER TRAILS, PHASE I
FORT WORTH, TEXAS
December 9, 2003
Page 2 of Exhibit C
"STREET LIGHTS"
INTERSECTIONS
CHAPEL CREEK BLVD & WEATHERFORD RD 1
WIND STAR WAY & WEATHERFORD RD 1
WIND STAR WAY & COUGAR TRL 1
WEATHERFORD RD & JAGGER LN 1
COUGAR TRL & JAGGER LN 1
MID - BLOCK RESIDENTIAL
COUGAR TRL 2
MID - BLOCK COLLECTOR
WEATHERFORD RD 4
AMBER TRAILS, PHASE I
Page 3 of Exhibit C
IV
STREET NAME SIGNS
1 . The Developer 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.
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 three (3) intersections at
a cost to the Developer of $300. 00 :
NOTE: Reported zero (0) on exhibit .
Weatherford Rd & Jagger Lane
Cougar Tr & Jagger Lane
Cougar Tr & Wind Star Way
Amber Trails Phase I
CFA code: 2003147 Date: December 10, 2003
Fort Worth, Texas Date:
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