HomeMy WebLinkAboutContract 32320 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
rt
COUNTY OF TARRANT § Contract No.
WHEREAS, Newmark Homes, L.P., by: Tousa Homes, Inc., it's General
Partner, hereinafter called "Developer", desires to make certain improvements to
The Villas at Fossil Creek, 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 Newmark Homes, L.P., its
general partner, acting herein by and through Tousa Homes, it's duly authorized member,
acting herein by and through Richard D. Alberque, it's duly authorized Executive Vice-
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:
1. 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 11, 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 Villas at Fossil Creek-tpw-02049.01.doc I
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 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.
CFA Villas at Fossil Creek-tpw-02049.Ol.doc 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-la) and (B-lb) 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 a, B-1 b, 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, and street name signs as shown on the attached Exhibits B
B-la, B-lb, 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 $ 527,577.24.
Item Developer City Cost Total Cost
A. Construction
1. Streets $ 424,060.50 $ - $ 424,060.50
2. Storm Drainage $ 59,908.00 $ - $ 59,908.00
3. Street Lights $ 23,650.00 $ - $ 23,650.00
4. Street Name Signs $ 600.00 $ - $ 600.00
B. Engineering Design $ - $ - $ -
C. Construction Engineering
and Management by DOE 4% $ 19,358.74 (` $ 19,358.74
TOTALS $ 527,577.24 $ - $ 527,577.24
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
The developer is responsible for installation of sidewalk. Cost for sidewalks is
included under the street cost. A separate financial guarantee is required in the form of
a bond or check for the cost of the sidewalk.
CFA Villas at Fossil Creek-tpw-02049.O1.doc 3
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.
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 aid Developer
has xecu ed s instrument in triplicate, at Fort Worth,Texas this the 1 day
of 2005.
Approval Recommended:
ATTEST: NO M&C JUQUIRED Transportation and Public Works
Department
Marty gedrift- Q N d�1�L Robert Goode, P. E.
City Secretary Director
Approv a as to Fo City O4Fortorth
By:
Assist�titykttorney M Ott
Assistant City Manager
DEVELOPER
Newmark Homes, L.P.
ATTEST: By; Tousa Homes, it's General
Partner
B
Y
Corporate Secretary Richard D. Alberque
Executive Vice-President
CFA Villas at Fossil Creek-tpw-02049.O1.doc 4
VI/At WIER & ASSOCIATES, INC.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
DATE: 8-Jun-05
CLIENT: Newmark Homes DOE#4933
PROJECT: The Villas at Fossil Creek EXHIBIT B W&AJOB NO: 02049.01
TOTAL UNIT
ITEM NO. DESCRIPTION OF ITEM QUANTITY UNIT PRICE COST
UNIT B - PAVING IMPROVMENTS
1 6"-3,600 PSI Concrete Paving w/7" Curb 9,178 SY $ 25.00 $ 229,450.00
2 6" Lime Stabilization of Subgrade 9,562 SY $ 2.25 $ 21,514.50
3 Hydrated Lime at 28 lbs/sy 134 TON $ 105.00 $ 14,070.00
4 Sawcut& Remove Curb, Install Butt Jt 139 LF $ 6.00 $ 834.00
5 4" Conc Sidewalk 3000 psi 4'Wide 2,800 SY $ 24.00 $ 67,200.00
6 Barrier Free Ramps 10 EA $ 600.00 $ 6,000.00
7 Street Light Pole Bases 10 EA $ 700.00 $ 7,000.00
8 Conduit for Street Lights incl Pull Boxes) 2,300 LF $ 20.00 $ 46,000.00
9 Traffic Signage 1 LS $ 500.00 $ 500.00
10 Traffic Control 1 LS $ 500.00 $ 500.00
11 H dromulch Parkways (incl Water& Fertilizer) 3,600 SY $ 1.00 $ 3,600.00
12 Adjust SSMH to Finished Grade 17 EA $ 300.00 $ 5,100.00
13 Remove Ex. 7" Concrete Street Pavement 160 SY $ 12.00 $ 1,920.00
14 7" 3600 psi Concrete Street Pavement Repair 160 SY $ 30.00 $ 4,800.00
15 R&R 4"Asphalt Golf Cart Pavement Repair 26 SY $ 22.00 $ 572.00
16 Erosion Control/Pollution Prevention 1 LS $ 5,000.00 $ 5,000.00
17 Mobilization 1 LS $ 10,000.00 $ 10,000.00
TOTAL UNIT B - PAVING &SIDEWALK IMPROVMENTS $ 424,060.50
Since the design professional has no control over the cost of labor,materials,or equipment,or over the contractor's method
of determining prices,or over the competitive bidding or market conditions,his opinions of probable cost provided for herein
are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design
professional familiar with the construction industry. However,the design professional can not and does not guarantee that
proposals,bids,or construction cost will not vary from the opinions of probable cost he has prepared. If the owner wishes
greater assurance as to the construction cost,he shall employ an independent cost estimator.
Prepared by: AJK/TWR
Checked by: CCC
6/8/2005 CFA Cost Opinions 02049.01 twr.xls
v//At WIER & ASSOCIATES, INC.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
DATE: 8-Jun-05
CLIENT: Newmark Homes DOE#4933
PROJECT: The Villas at Fossil Creek EXHIBIT B-1 W&A JOB NO: 02049.01
TOTAL UNIT
ITEM NO. DESCRIPTION OF ITEM QUANTITY UNIT PRICE COST
UNIT B1 -STORM DRAIN IMPROVMENTS
1 24" RCP Class III 282 LF $ 45.00 $ 12,690.00
2 36" RCP Class III 416 LF $ 70.00 $ 29,120.00
3 36"T pe 'B' Headwall 2 EA $ 2,700.00 $ 5,400.00
4 Remove Ex. 24" Headwall 2 EA $ 500.00 $ 1,000.00
5 Remove Ex. 24" RCP 52 LF $ 20.00 $ 1,040.00
6 10' Curb Inlet 3 EA $ 2,200.00 $ 6,600.00
7 18" to 24" Dia Grouted Rock Rip-Rap 50 SY $ 65.00 $ 3,250.00
8 Concrete Flume 5.5 SY $ 20.00 $ 110.00
9 Trench Safety 698 LF $ 1.00 $ 698.00
SUBTOTAL UNIT B1 -STORM DRAIN IMPROVEMENTS $ 59,908.00
Since the design professional has no control over the cost of labor,materials,or equipment,or over the contractor's method
of determining prices,or over the competitive bidding or market conditions,his opinions of probable cost provided for herein
are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design
professional familiar with the construction industry. However,the design professional can not and does not guarantee that
proposals,bids,or construction cost will not vary from the opinions of probable cost he has prepared. If the owner wishes
greater assurance as to the construction cost, he shall employ an independent cost estimator.
Prepared by: AJK/TWR
Checked by: CCC
6/8/2005 CFA Cost Opinions 02049.01twr.xls
V//W WIER & ASSOCIATES, INC.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
DATE: 8-Jun-05
CLIENT: Newmark Homes DOE#4933
PROJECT: The Villas at Fossil Creek EXHIBIT C W&A JOB NO: 02049.01
TOTAL UNIT
ITEM NO. DESCRIPTION OF ITEM QUANTITY UNIT PRICE COST
UNIT C -STREET LIGHTING AND STREET NAME SIGNS
1 Street Light 10 EA $ 2,000.00 $ 20,000.00
2 Relocate Ex. Street Light 1 EA $ 1,500.00 $ 1,500.00
10% Contingency $ 2,150.00
SUBTOTAL-STREET LIGHTING $ 23,650.00
3 Street Name Sin 6 EA $ 100.00 $ 600.00
SUBTOTAL UNIT C -STREET LIGHTING AND STREET NAME SIGNS $ 24,250.00
Since the design professional has no control over the cost of labor, materials,or equipment,or over the contractor's method
of determining prices,or over the competitive bidding or market conditions, his opinions of probable cost provided for herein
are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design
professional familiar with the construction industry. However,the design professional can not and does not guarantee that
proposals, bids,or construction cost will not vary from the opinions of probable cost he has prepared. If the owner wishes
greater assurance as to the construction cost,he shall employ an independent cost estimator.
Prepared by: AJK/TWR
Checked by: CCC
6/8/2005 CFA Cost Opinions 02049.01 twr.xls
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 4 EA $ 2, 000 $8, 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 0 EA $ 2, 500 $0, 000.00
RELOCATE EXISTING LIGHT 1 EA $ 1, 500 $1, 500 . 00
Subtotal $21,500. 00
City' s Cost $00 ,000 . 00
Developer' s Subtotal $21,500 . 00
10% Contingency $2,150. 00
Project Total $23, 650.00
Adjacent Developer' s Cost $00,000. 00
Developer' s Cost $23, 650 . 00
2% Inspection Fee $00,000 .00
CFA CODE #2005064
DEVELOPER' S COST: $23, 650 . 00
THE VILLAS AT FOSSIL CREEK
Fort Worth, Texas
May 25, 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: $23, 650. 00
THE VILLAS AT FOSSIL CREEK
May 25, 2005
FORT WORTH, TEXAS
CFA CODE #2005064
Page II of Exhibit C
III
"STREETLIGHTS"
INTERSECTIONS
REDWOOD CREEK LN & N. RIVERSIDE DR 1
REDWOOD CREEK LN & WEATHERSTONE DR 2
MID-BLOCK
REDWOOD CREEK IN 3
CHANGE OF DIRECTIONS
REDWOOD CREEK LN 1
WHISPER HOLLOW WAY 1
WEATHERSTONE DR 2
RELOCATION
REDWOOD CREEK IN & N RIVERSIDE DR 1
THE VILLAS AT FOSSIL CREEK
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 six (6) intersections at a cost to
the Developer of $600.00:
N Riverside Dr & Redwood Creek Lane
N Riverside Dr & Whisper Hollow Way
N Riverside Dr & Redwood Creek Lane
Redwood Creek Lane & Weatherstone Dr
Redwood Creek Lane & Weatherstone Dr
Weatherstone Dr & Whisper Hollow Way
The Villas at Fossil Creek
CFA code: 2005064 May 23, 2005
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