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Home My WebLink AboutContract 33993 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 2R� WHEREAS, Continental Homes of Texas, L.P., hereinafter called "Developer", desires to make certain improvements to Trinity at Heritage, Phase 1A, 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 CHTEX of Texas, Inc. its duly authorized General Partner, and John L. Moore, its Division 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. 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 aball be administered in conformance with paragraph 8, Section II, of the0QC-1A1 HOD Phase IA TPW CFA 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 s hall i nstall o r a djust a 11 o f t he r equired u tilities t o s erve t he 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 t o p rovide, a t i is a xpense, a 11 n ecessary r ights o f w ay 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: gg dd Q Phase I TPW CFA 2 N y T' 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, B1, 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 $319,915. Item Developer Cart Total Cost Cost Cost A. Construction 1. Streets $ 235,517.00 $ - $ 235,517.00 2. Storm Drainage $ 17,460.00 $ - $ 17,460.00 3. Street Lights $ 32,900.00 $ 28,000.00 $ 60,900.00 4. Street Name Signs $ - $ 320.00 $ 320.00 B. Engineering Design $ - $ - $ - C. Construction Engineering and Management by DOE (2%) $ 5,718.00 (*) $ 5,718.00 $ 291,595.00 $ 28,320.00 $ 319,915.00 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 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. Phase I TPW CFA 3 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 D elope has executed this instrument in triplicate, at Fort Worth,Texas this the Z!��ay of , 200 Approval Recommended: Transportation and Public Works Department � G contr lt .hut oriz tioRob rt Goode,P. E. Director Date ATTEST: rif Fo &Worth Qr Marc Ott City Secretary Assistant City Manager Approved to Form: Assist ity Attorney ATTEST: DEVELOPER Continental Homes of Texas,L.P. By: CHTEX of Texas, Inc. Its General Partner B "oore, Corporate Secretary esident .. Phase 1A TPW CFA 4 v� � ' ;J ; �+, i �� ENGINEERS OPINION OF PROBABLE COST Date: 5/15/03 Project: Trinity at Heritage, Client: Continental Homes Phase IA Job No: 10111 Location: Ft. Worth, Texas Page: 1 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Paving Facilities, Phase 1A 1 6" Concrete Pavement S.Y. 9,746 $20.22 $197,064.12 2 6" Lime Treated Subgrade S.Y. 10,449 $1.43 $14,942.07 2 Brick Pavers S.Y. 135 $41.00 $5,514.50 3 Street Headers L.F. 56 $5.00 $280.00 4 End of Road Barricades E.A. 2 $700.00 $1,400.00 5 Lime (30#/SY) Ton 156.7 $80.00 $12,536.00 6 4' Sidewalk L.F. 270 $14.00 $3,780.00 Phase 1A Paving Subtotal $235,516.69 * The builder shall be responsible for the construction of all sidewalks adjacent to the residential lots. The developer shall be responsible to bond the cost of the sidewalks as noted below. I 4'Sidewalk L.F. 5,535 $14.00 $77,490.00 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgment as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition,the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly, Goodwin &Marshall, Inc.can not guarantee that actual costs will not vary from the opinions expressed herein. rr "I� NTIC"IA,� �� 0 Date: 5/15/03 Project: Trinity at Heritage, Client: Continental Homes Phase 1A Job No: 10111 Location: Ft. Worth, Texas Page: 2 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Storm Drain Facilities, Phase 1A 1 10' Recessed Curb Inlets Ea. 2 $2,250.00 $4,500.00 2 4' Square Storm Sewer M.H. Ea. 1 $2,125.00 $2,125.00 3 24" R.C.P. L.F. 151 $35.00 $5,280.80 4 21" R.C.P. L.F. 68 $30.00 $2,040.00 5 24" Type "B" Headwall Ea. 1 $925.00 $925.00 6 Type "A" Rock Rip-Rap S.Y. 62 $40.00 $2,480.00 7 Trench Safety L.F. 219 $0.50 $109.44 Phase 1A Storm Drain Subtotal $17,460.24 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgment as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition, the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly,Goodwin&Marshall, Inc.can not guarantee that actual costs will not vary from the opinions expressed herein. III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 4 EA $ 2, 000 $8, 000 .00 MID-BLOCK RESIDENTIAL 13 EA $ 2, 000 $26, 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, 200 $0, 000 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 200 $0, 000 .00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 .00 Subtotal $38, 000 .00 City' s Cost $28, 500 .00 Developer' s Subtotal $0, 000 .00 loo Contingencies $0, 000 .00 Project Total $38, 000 . 00 Adjacent Developer' s Cost $0, 000 .00 Developer' s Cost $0,000.00 20 Inspection Fee $0, 00 .00 Developer's Responsibility See PG III-1, "Line 7" TRINTIY AT HERITAGE, PHASE IA July 1, 2003 Fort Worth, Texas July 2, 2003 PAGE 1 OF Exhibit C 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 . Streetlights on arterial streets shall be installed with underground conduit and conductors . 4 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities" . 5 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational . 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 . Street light conduit and footings shall be installed by the developer's contractor as part of and at the time of street construction. The city will obtain electric service and complete the street light construction in accordance with approved plans. 8 . 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. 9.The procedure for installing conduit and footings will be with the inspector on the job site or you can request a copy by calling 817- 871-6596. TRINITY AT HERITAGE, PHASE IA July 1, 2003 Page 2 of Exhibit C "STREET LIGHTS" INTERSECTIONS MCCAULEY DR & KEATING ST 1 MCCAULEY DR & NASH LN_ 1 SHIELDS ST & MEYERS LN 1 SHIELDS ST & NASH LN 1 MID - BLOCK KEATING ST 4 MEYERS LN 5 NASH LN 4 CHANGE FO DIRECTIONS SHIELDS ST 1 MEYERS LN 1 TRINITY AT HERITAGE, PHASE IA Page 3 of Exhibit C IV STREET NAME SIGNS 1 . The City 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 City 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 five (5) intersections at a cost to the City of $500. 00 : McCauley Drive and Heritage Trace Parkway McCauley Drive and Keating Street McCauley Drive and Nash Lane Shields Street and Nash Lane Shields Street and Keating Street Trinity at Heritage Phase IA Fort Worth, Texas Date: June 16, 2003 IV-1 N s PROJECT u I PHA59 U PHASE IS c a � luv YMTE VICINITYMAP ALTS TRHNHTY AT HEITDITACC�� ASE RA M O O N T O O Q CC HTY OF FORT WORTH9 TEXAS 0 2 OWNEDI DEVELOPMBY: L hrO 111LLV1L:N1LAL HOMES OF TEXAS, 3 621 West College Sheet Q Grapevine,Texas 76051 (817)481-7750 GENERAL a GENERAL PARTNER. lUJ OO�tDpWIN! / DRE RNC. 1\111" SHALL 9 o CML ENGINEERS—PLANNERS—SURVEYORS 621 West College Sheet a/ 8001 Bridge Street,Sub 100,Fort Wath T®rae 78112 &ape48-77Texas Y9 200 76051 0 (81 �� Metro(817)42g-4373 / W W w Z (n O < 3yi N a m c (a'J p U2 � N O 3 �t Q d N CL — Q CL - - QNVA87" 0. Q p i CO U CO 1 O: cr r r m a of r a n '+ n N LLJ�• rl Y.� - - ... .. -----_. 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