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HomeMy WebLinkAboutContract 32500COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.sLA f WHEREAS, D.R. Horton — Texas, Ltd. , hereinafter called "Developer", desires to make certain improvements to Mark IV Parkwav, 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 infrastructue shall be administered in conformance with paragraph 8, Section II, of the Policy. Mark IV Parkway -Newer CFA 4% and Utilities 08 08 05 (2) F. L" I. J K. 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 damazes are caused, in whole or in part, by the allee-ed neelizence of the Citv of Fort Worth, its officers, servants, or emplovees. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. 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). 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). 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. 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. Mark IV Parkway -Newer CFA 4% and Utilities 08 08 05 (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 (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 L 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, 131, 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 $351,519.58. Mark IV Parkway -Newer CFA 4% and Utilities 08 08 05 (2) SUMMARY OF COST Mark IV Parkway Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $313,857.75 $313,857.75 2. Storm Drainage $16,113.00 $16,113.00 3. Street Lights $8,250.00 $8,250.00 4. Street Name Signs $100.00 $100.00 B. Engineering Design $ C. Construction Engineering and Management by DOE (4%) $13,198.83 $13,198.83 TOTALS $351,519.58 $ - $351,519.58 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. Mark IV Parkway -Newer CFA 4% and Utilities 08 08 05 (2) 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, d said veIeAr,,�' has executed this instrument in triplicate, at Fort Worth, Texas this the *)day of .. , 2005. Approval Recommended: NO M&C RE-QUIRED `IATTEST: CU ` Marty Hendrix ATTEST: Corporate Secretary Transportation and Public Works Department Robert Goode, P. E. Director it fFrtWA Marc Ott Assistant City Manager DEVELOPER D.R. Horton — Texas, Ltd. By: D. H on, Inc. — its Auth. Agent B Don E. Allen — Assistant Secretary RECEIVED Mark IV Parkway -Newer CFA 4% and Utili&es 08 08 05 (2) 0If d C&B No. 013805.010 CFA Estimate for: MARK IV PARKWAY June 20, 2005 STREET IMPROVEMENTS 1Item No. DESCRIPTION 1 7" Pavement w/ 7" Curb 2 6" Pavement w/ 6" Curb 3 Lime Stabilized Subgrade 4 Excavation 5 Lime Subgrade 6 4' Wide Sidewalk 7 Remove Existing Asphalt Pavement 8 Remove Existing Curb 9 6" Curb and Gutter ,TOTAL - STREET IMPROVEMENTS QTY UNIT PRICE AMOUNTI 8,935 S.Y. 25.00 223375.00 234 S.Y. 22.00 5148.00 9,917 S.Y. 2.25 22313.25 1,653 C.Y. 3.50 5785.50 149 TON 105.00 15645.00 2,560 L.F. 14.00 35840.00 750 S.Y. 2.00 1500.00 633 L.F. 4.50 2848.50 187 L.F. 7.50 1402.50 $313,857.75 11 GAJOB\013805\EST\CFAMARKIV20050808.x1s Page 4 of 5 C&B No. 013805.010 CFA Estimate for: MARK IV PARKWAY June 20, 2005 STORM DRAIN SYSTEM Item No. DESCRIPTION QTY UNIT PRICE AMOUNT 1 24" RCP 81 L.F. 44.00 3,564.00 2 21 " RCP 48 L.F. 40.00 1,920.00 3 STD 10' Rec Curb Inlet 3 EA. 2,500.00 7,500.00 4 Const. 4'MH Top of Ex. Drop Inlet 1 L.S. 2,000.00 2,000.00 5 Remove & Dispose of Exist. Drop Inlet 1 L.S. 1,000.00 1,000.00 6 Trench Safety 129 L.F. 1.00 129.00 (TOTAL - STORM DRAINAGE SYSTEM $16,113.00 1 GAJOB\013805\ESTICFAMARKIV20050808.x1s Page 3 of 5 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2,000 $0,000.00 MID -BLOCK RESIDENTIAL 0 EA $ 2,000 $0,000.00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,000 $0,000.00 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 $7,500.00 City's Cost $00,000.00 Developer's Subtotal $7,500.00 10% Contingency $750.00 Project Total $8,250.00 Adjacent Developer's Cost $00,000.00 Developer's Cost $8,250.00 REVISED 8/09/2005 2% Inspection Fee CFA CODE #2005093 DEVELOPER'S COST: $8,250.00 MARK IV PKWY STA 110+95.00 TO 134+61.17 Fort Worth, Texas August 9, 2005 PAGE I OF Exhibit C ---- 1 1„ o� r'J 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: $8,250.00 MARK IV PKWY STA 110+95.00 TO 134+61.17 July 30, 2005 FORT WORTH, TEXAS CFA CODE #2005093 Page II of Exhibit C III "STREETLIGHTS" MID BLOCK ARTERIAL MEDIAN MARK IV PARKWAY 3 (DOUBLE ARMS) MARK IV PKWY STA 110+95.00 TO STA 134+61.17 Page III of Exhibit C '; � ;✓�� ';�; a ._ .� IV STREET NAME SIGNS 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 one (1) intersection at a cost to the Developer of $100.00: Mark IV Pkwy & (un-named street) Mark IV Pkwy CFA code: 2005093 July 27, 2005 i CEDAR I � ANYON I � aWESTERN CENTER BOULEVARD 1 NOT TO SCALE r GLOBE I zl I SELL GLEN CORRIN J IFAGAN GILL \ 0° I TYSON AMERICANA Z CONTINEN1+4L c� m 7d w it / U BLUE MOUND I \ 4 S EETWOOD 1a I I I CHADWICK RE I PROJECT .00ATION I11 35�1/ 8 1 z 28 o J, �0 O I LD )MB SAMSOM L..._ 11 �I 'e I �I 1 Q: 1 I� � � 1 a � r — _ 820 — e NO--'9AST n / i FlYll Vvis, LOCATION MAP _�. MARK IV PARKWAY - rre 11n-t-" nn Tn IIa.t-61 17 Carter Burgess CARTER & BURGESS, INC. 777 MAIN STREET FORT WORTH, TX 76107 (817( 775-6000 PROJECT NO. G13510.030.1.0001 40 43442,41 39 38 T\ STRLL`f i%----------- 01 U -I . LEGEND PROP. 28' B/ B VIIIA ROADWAY/ 1 1 0' ROW PROP. 4' S I DEWALK (BY HOMEBUILDER) PROP. 4' S I DEWALK (BY DEVELOPER) LIMITS OF PROJECT StTREET 32 33 34 0 35 nON 36 SCALE, 1" = 200' B /07 \11 !09 STREETS EXHIBIT 'B' MARK IV PARKWAY STA ll0 + 95.00 TO 134 + 61.17 Carter Burgess CARTER & BURGESS, INC. 777 kWN STREET FORT WORTH, TX 76102 IM 7) 735-60M PROJECT NO. 013510.030. 1.0001 4L MEET 27, C. S, LEGEND PROP. STORM DRAIN LINE PROP. INLET PROP. MANHOLE PROP. HEADWALL EXIST. STORM DRAIN LINE LIMITS OF PROJECT r 40 43 42 41 3339 wo 34 N 38 CCU 35 no 36 SCALEal" = 200' 37 9 04- 107 108 109 ol STORM DRAIN EXHIBIT 'B-l' MARK IV PARKWAY STA 110 + 95.00 TO 134 + 61.17 Carter V, Burgess CARTER & BURGESS, INC. 777 MAIN STREET roirr WORTH' TX 76102 J8171 735-6000 PROJECT NO. 013510.030.1.0001 . . . . . . . . . . . . . . 48 8-r�a��ET 27 ---' |�(���� ����..� PROP. 20OW HP5 SINGLE STREET LIGHT EXIST. 200Y HP3 SINGLE STREET LIGHT (ON STEEL :'OLE) ]K|5T. 10OW HP3 SINGLE )TREET LIGHT (ON STEEL "OLE WITH STREET AND ;TOP SIGNS ATTACHED) 'R0P. STREET SIGN lK|3T. STREET SIGN |M|TS OF PROJECT ' ^`/ ^�141 �_�� / / 3m 38 /