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HomeMy WebLinkAboutContract 30844 I c COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Centex Homes, hereinafter called "Developer", desires to make certain improvements to The Quarry Phase III, 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 Bret L. Pedigo, its duly authorized 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 II, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section 1I, paragraph 7 of the Policy. 1 CFA FORMAT WITH 4%.doc — — The Quarry Phase HI September 21,2004 E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph S, 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 negligence of the City of Fort Worth, its officers, servants, or enw1oyees. 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. 2 CFA FORMAT WITH 4%.doe The Quarry Phase ill September 21,2004 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.- Water ereof:Water(A)None; Sewer(A-1)None; Paving(B) attached; Storm Drain (13- 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, Bl, 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 $519,410.32. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $345,780.00 $ 345,780.00 2. Storm Drainage $118,653.00 $ 118,653.00 3. Street Lights $ 35,200.00 $ 35,200.00 4. Street Name Signs $ 1,200.00 $ 1,200.00 B. Engineering Design $ C. Construction Engineering $ - and Management by DOE (4%)1$ 18,577.32 $ 18,577.32 TOTALS 1 $ 519,410.32 $ - $ 519,410.32 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 3 CFA FORMAT WITH 4%.doc The Quarry Phase III September 21,2004 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. 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 Developer has executed this instrument in triplicate, at Fort Worth, Texas this the 21 day of September,2004. Approval Recommended: Transportation and Public Works ATTESTED BY Department Robert Goode, P. E. Director Contract AUthorizatioa City Of Fort Worth Date Marc Ott Assistant City Manager Approved as to Form: Assistant ity Attorney ATTEST: DEVELOPER Corporate Secretary Bret L. Pedigo, P. E. Vice President Land Development and Engineering 4 Centex Homes, a Nevada General CFA FORMAT WITH 4%.doc Partnership The Quarry Phase III - September 21,2004 N N N O N N O ry N,a ^ 00 a rr P o ad a ^ � N N U ^ a a<X ovoa Zlavno 3me W W v H < y� oB Ln To � CO cn a- a e Ckf I rn v I to r _ . 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STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 5 EA $ 2 , 000 $10, 000 . 00 MID-BLOCK RESIDENTIAL 4 EA $ 2 , 000 $8 , 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 7 EA $ 2 , 000 $14, 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 0 EA $ 1, 500 $0, 000 . 00 Subtotal $32, 000. 00 City' s Cost $00, 000 . 00 Developer' s Subtotal $32, 000.00 10% Contingencies $0, 000 . 00 Project Total $3,200. 00 Adjacent Developer's Cost $0, 000 .00 Developer's Cost $35,200 . 00 2% Inspection Fee $0, 00 . 00 (CFA CODE2004108) DEVELOPER'S COST: $35, 200 . 00 THE QUARRY, PHASE III July 27, 2004 Fort Worth, Texas July 28, 2004 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 it's 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: $35,200.00 THE QUARRY, PHASE III July 27, 2004 FORT WORTH, TEXAS (CFA CODE 2004108) Page II of Exhibit C III. STREETLIGHTS" INTERSECTIONS ROSE CRYSTAL WAY & CATS EYE DR 1 ROSE CRYSTAL WAY & QUARRY RD 1 OLD DECATUR RD & MOSAIC DR 1 STONY IRON WAY & MOSAIC DR 1 LIMESTONE DR & MOSAIC DR 1 MID - BLOCK MOSAIC DR 2 MAGMA DR 2 CHANGE OF DIRECTIONS ROSE CRYSTAL WAY 1 LAVA ROCK DR 1 RIVER ROCK BLVD 1 CATS EYE DR 3 LIMESTONE DR 1 THE QUARRY, PHASE III Page III of Exhibit C r-, 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 twelve (12) intersections at a cost to the Developer of $1,200.00: Old Decatur Rd & Mosaic Dr Limestone Dr & Mosaic Dr Stony Iron Way & Mosaic Dr Rose Crystal Way & Mosaic Dr Stony Iron Way& Arena Cir Limestone Dr & Magma Dr Lava Rock Dr & Magma Dr Lava Rock Dr & Quarry Rd Rose Crystal Way & Quarry Rd River Rock Blvd & Quarry Rd Rose Crystal Way & Cats Eye Dr Blue Quartz Rd & Cats Eye Dr The Quarry, Phase 3 CFA code: 2004108 July 27, 2004 � I ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL f NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 16,888 S.Y. 6-Inch Concrete Pavement Per Square Yard: Seventeen Dollars and Fifty-five Cents $ 17.55 $ 296,384.40 2_. . 18,053 S_Y:. 6"Lime Stab_Subgrade Per Square Yard: I One Dollar and Twenty Cents $ 1.20 $ 21,663.60 3. 271 TN. Hydrated Lime Per Ton: Eighty-five Dollars and Zero Cents $ 85.00 $ 23,035.00 4. 12 EA. Laydown Curb for BFR Per Each: Ten Dollars and Zero Cents $ 10.00 $ 120.00 5. 3 EA. Remove Barricades Per Each: Two Hundred Fifty Dollars and Zero Cents $ 250.00 $ 750.00 I 6. 4 EA. Connect to Street Header Per Each: Fifty Dollars and Zero Cents $ 50.00 $ 200.00 i 7. 558 S.Y. Remove Turn Around Paving Per Square Yard: Six Dollars and Fifty Cents $ 6.50 $ 3,627.00 i TOTAL AMOUNT BID PAVING $ 345,780.00 BONDS (Performance,Payment&Maintenance) $ 5,300.00 TOTAL AMOUNT PAVING S 351,080.00 B-2 i f I ITEM APPROX. 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.. 16,888 S.Y. 6-Inch Concrete Pavement Per Square Yard: Seventeen Dollars and Fifty-five Cents $ 17.55 $ 296,384.40 2 18,053 S.Y_ 6"Lime Stab..Subgrade Per Square Yard: One Dollar and Twenty Cents. . $ 1.20 S 21,663.60 3. 271 TN. Hydrated Lime Per Ton: Eighty-five Dollars and Zero Cents $ 85.00 $ 23,035.00 4. 12 EA. Laydown Curb for BFR Per Each: Ten Dollars and Zero Cents $ 10.00 $ 120.00 5. 3 EA. Remove Barricades Per Each: Two Hundred Fifty Dollars and Zero Cents $ 250.00 $ 750.00 6. 4 EA. Connect to Street Header Per Each: Fifty Dollars and Zero Cents S 50.00 $ 200.00 7. 558 S.Y. Remove Turn Around Paving Per Square Yard: Six Dollars and Fifty Cents $ 6.50 $ 3,627.00 i TOTAL AMOUNT BID PAVING $ 345,780.00 BONDS (Performance, Payment&Maintenance) $ 5,300.00 TOTAL AMOUNT PAVING S 351,080.00 I B-2 i UNIT III: DRAINAGE ITEM APPROX. 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) (D-No. refers to related items in the Part D Special Conditions :) 1. 271 L.F. 21-Inch RCP Per Linear Foot: Thirty-seven Dollars and No Cents $37.00 $10,027.00 2. 231 L.F. 24-In.ch RCP Per Linear Foot: Forty-one Dollars and No Cents $41.00 $9,471.00 ! I, i i 3. 339 L.F. 27-Inch RCP Per Linear Foot: Forty-six Dollars and No Cents $46.00 $15,594.00 4. 50 L.F. 30-Inch RCP Per Linear Foot: Fifty-three Dollars and No Cents $53.00 $2,650.00 5. 239 L.F. 36-Inch RCP Per Linear Foot: Sixty-eight Dollars and No Cents $68.00 $16,252.00 6. 142 L.F. 42-Inch RCP Per Linear Foot: Ninety Dollars and No Cents $90.00 $12,780.00 7. 156 L.F. 48-Inch RCP Per Linear Foot: I One Hundred seven Dollars and No Cents $107.00 $16,692.00 i 8. 17 L.F. 54-Inch RCP Per Linear Foot: i One Hundred forty-four Dollars And No Cents $144.00 $2,448.00 h 9. 8 EA. 10-Foot Inlet Per Each: l Two Thousand Dollars and No Cents $2,000.00 $16,000.00 I� I� 2 EA. 15-Foot Inlet Per Each-. Two Thousand Six Hundred Dollars $2,600.00 $5,200.00 And No Cents 4' x 4' Storm Drainage Manhole Per Each: 1 EA. Two Thousand Two Hundred sixty Dollars $2,260-00 $2,260.00 And No Cents 2 2 EA. 5' x 5' Storm Drainage Manhole Per Each. Two Thousand Four Hundred Forty Dollars $4,880.00 $2,440.00 And No Cents 13. 1 EA. 6' x 6' Storm Drainage Manhole Per Each: ; Two Thousand Nine Hundred len Dollars $2,910-00 $2,910.00 ; And No Cents Trench Safety Per Each. I' 14. 2,399 L.F. $0.20 $479.80 No Dollars and 20 Cents i II,I. Management Per Lump Sum: p,j 15. 1 L.S. Storm Water Manag $200.00 $200.00 Two Hundred Dollars and No Cents II 16. 21399 L.F. Trench Excavation by Trencher in Lieu of Backhoe D-24; Per Linear Foo: Included Included Included Remove Existing Headwall Per Each: 17. 2 EA. $500.00 $1,000.00 Five Hundred Dollars and No Cents. TOTAL AMOUNT BID DRAINAGE $115,843.80 i i tease —I.DOC y4ocumentsNBid Doc-06 23 04 Burns"Const\S-PROP bi:WadCivi1g002\CO2244 The Quiet P - _ I