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Home My WebLink AboutContract 30852 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. a�e� WHEREAS, Pulte Homes of Texas , L. P. , hereinafter called "Developer", desires to make certain improvements to Everman Park South Add. 'n 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 Matt Robinson , its duly authorized V. P. of Land Develop- , and the City, acting herein by and men 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, of the Policy. CFA REVISED FORMAT WITH 4% 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 alleged negligence 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 a ma�YCefi�q. CFA REVISED FORMAT WITH 4% 2 �, `'ti'v'r.� , 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, 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 $400, 638 . 80 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. CFA REVISED FORMAT WITH 4% 3 1` '_ SUMMARY OF COST Everman Park South Phase I Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $227,401.46 $ 227,401.46 2. Storm Drainage $133,982.00 $ 133,982.00 3. Street Lights $24,200.00 $ 24,200.00 4. Street Name Signs $ 600.00 $ 600.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) $ 14,455.34 14,455.34 TOTALS $ 400,638.80 $ - $ 400,638.80 CFA CODE: 4 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 Develo er has executed this instrument in triplicate, at Fort Worth,Texas this the U day of ) 2004. Approval Recommended: Transportation and Public Works Department 65, AC 4� Robert Goode, P. E. Director City of Fort Worth Marc Ott Assistant City Manager ATTEST: LIU no - LLM[wt ffi tu ' Contract Authorizdtioa Marty Hendrix City Secretary Date Approved as to Form: *�,ssistanity Attorney �6mts of bpi iT5 LaE��L ATTEST: DEVELOPER By. Corporate Secretary dr 1 I II L7 ��:51:L'• CFA REVISED FORMAT WITH 4% 4 it SUMMARY OF COST Everman Park South Phase I Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $227,401.46 $ 227,401.46 2. Storm Drainage $133,982.00 $ 133,982.00 3. Street Lights $24,200.00 $ 24,200.00 4. Street Name Signs $ 600.00 $ 600.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 14,455.34 14,455.34 TOTALS $ 400,638.80 $ - $ 400,638.80 CFA CODE: 4 Ld W U 0 w w J J O 3 F a m 0 J d' N JOHN BURGUESS > x CITY W CITY z 35W N AM EL 0 Y WORTH a 0 EVERMAN BARR0 Lo PROJECT w ANG VAUG N LOCATION RUSSEL EVERMAN MARLE E N NEI CEDNA J a y EDNA 41 Z) >- �y U ~ ELLEY U 0 3 U CHRI TI w U PALETTE a FORUM WAY m MAN J r z Z J H W U x 7 _U z m CITY V) w t J m J Q F W N.T.S- O LOCATION MAP "EVERMAN PARK SOUTH, PHASE 1 " s , r. WELCH ENGINEERINO, CONSULTING ENGINEERS " ENON AVENUE -------------_�— _ (ULTIMATELY 60' RIGHT-OF-WAY) — 20.5 PAVING SECTION -- SUNBURST DRIVE --_— --- 4 (50 RICHT-OF-WAY) 4 f I I I 4 I 4 w'a 29'B—B m U I � m a w ---- --- l I Q Q 3 k �v 1J I O LJ JO 9io wr ---�.2 --- --m., w 4 X2 Oo LLJ I \ 29'B-B I \ 4 \ --- 0 I I � \ I X40 \\ o�� \ ( cq \ m c� \ I I o M v I 4 � \ I � 1 p--- ------ I 29'B-B EVRRaLgRGP°RwWAY 100% DEVELOPER'S COST ) 6" PAVEMENT W/ 6" CROWN ON 6" LIME SUBGRADE \ DEVELOPER'S ESCROW ® 6" PAVEMENT ON 6" LIME SUBGRADE EXHIBIT "B" PAVING IMPROVEMENTS "EVERMAN PARK SOUTH, PHASE 1 " SCALE: 1"=200' WELCH EWORS EERIN0, INC. CONSUL TING ENGINEERS ------ ------ -------------- - ------------- ------- ENON AVENUE t I I I SUNBURST DRIVE I I I I w I 1 � I I w Y w 0 I ? z of Of \\\ 0 m ---- 00 --- J � ol I 01 \\ � 10' willI o 1 \\\� R� -RCP --- --- ! �I �\ Z,-RCP 01 \ I � 1 EVERMAN PARKWAY zo \� I i 48'-4:1 SLOPING- 10' LOPING \ � 100 DEVELOPER'S COST HEADWALL� 10' OR 20' INLET STORM SEWER AND INLET AND ASSOCIATED APPURTENANCES EXHIBIT 99B- 199 STORM DRAIN IMPROVEMENTS "EVERMAN PARK SOUTH, PHASE 1 " SCALE: 1"=200' WELCH ENGINEER Nq, NC CONSULTING ENGINEERS - -� ENON AVENUE-- – `�-- I i SLINBURST DRIVE — I � w \\ J mof U I \\ ?w > \\ - W. O \� I of \\ I 01or I \\ ol I i I h � � r 1 4 -----------___ t f � I EVERMAN PARKWAY \� I * -- PROPOSED STREET LIGHT (100% DEVELOPER'S COST) # -- EXISTING STREET LIGHT p -- PROPOSED STREET SIGN (100% DEVELOPER'S COST) EXHIBIT "C" STREET LIGHTS SCALE: 1"=200' "EVERMAN PARK SOUTH, PHASE 1 " WELCH ENGINEERIN0, INC! CONSULTING ENG/NEE-RS I i B-1. STORM DRAIN (TOTAL COST) l7EMESCRIp; If3N QUANTITY ORM CdST/UNIT, 407AL COST 21" RCP 133 L.F. 35.00 4,655.00 27" RCP 59 L.F. 38.00 2,242.00 30" RCP 32 L.F. 42.00 1,344.00 33" RCP 320 L.F. 50.00 16,000.00 42" RCP 419 L.F. 85.00 35,615.00 48" RCP 129 L.F. ✓` 140.00 18,060.00 20' Curb Inlet 2 EA. ✓ 3,400.00 6,800.00 10' Curb Inlet 4 EA. 2,300.00 9,200.00 4' x 4' T pe"Y" Inlet 1 EA. 2,100.00 2,100.00 5' x 5'Storm Manhole 2 EA. ;' 3,200.00 6,400.00 14'x 4' Storm Manhole 1 EA. ✓ 3,900.00 3,900.00 Remove/Replace exist. Pavement 40 S.Y. V 50.00 2,000.00 48"Type "B" Hdwl. 1 EA. 3,500.00 3,500.00 27"Type"B" Hdwl. 1 EA. ,/ 2,500.00 2,500.00 Inlet Protection Devices 6 EA. 220.00 1,320.00 Trench Safety 1,092 L.F. 0.50 546.00 -Dry rock rip-rap 295 S.Y. 40.00 11,800.00 Gabion matress 50 S.Y. 100.00 5,000.00 Stormwater Management Maintenance 1 L.S. 1,000.00 1,000.00 0.00 $133,982.00 Inspection Fee (4%) 1 L.S. 5,359.28 5,359.28 EVERMAN PARK SOUTH ADDITION, PHASE 1 B. PAVING (TOTAL COST) .. . .. . ...:........ ... ............ .:. . , utlT...kTEV : PI N: QUAkI'I. :. ....,.:CO. T JVkT ':":'::T TAL::C3.ST.:.. 6" Reinf. Concrete pavement 8,825 S.Y. 18.75 165,468.75 Lime 30#/S.Y. 141 TN 95.00 13,395.00 6" Lime Stabilized Subgrade 9,354 S.Y. 1.35 12,627.90 Material Testing 1 EA. 5,500.00 5,500.00 Street barricades 60 L.F. 35.00 2,100.00 J� 10 EA. 850.00 , Street Header 58 L.F. 45.00 2,610.00 Sawcut, Breakout Groove 170 L.F. 20.00 3,400.00 400 L.F. 4.20 1,680.00 4" -4' foot sidewalk adjacent Everman 1,200 S.F. 2.75 3,300.00 500 L.F, 3.75 Barrrier Free ramps 10 EA. 575.00 5,750.00 Erosion Control 3 AC 185.00 555.00 Inlet Protection Device 6 EA. 175.00 1,050.00 SWPPP 1 L.S. 2,000.00 2,000.00 Performance/Payment/Maintenance Bond 1 L.S. $226,206.65 3,393.10 Inspection Fee (4%) 1 IL.S. 1 9,328.19 9,328.19 � 222�z9.7s Z. l I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 5 EA $ 2, 000 $10, 000 . 00 MID-BLOCK RESIDENTIAL 5 EA $ 2, 000 $10, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2, 000 $2, 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 $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 CFA CODE #2004071 DEVELOPER' S COST: $24,200. 00 EVERMAN PARK SOUTH, PHASE I June 17 , 2004 Fort Worth, Texas October 11 , 2004 PAGE I OF Exhibit C nJ�U�y Z' C� �r 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: $24,200.00 EVERMAN PARK SOUTH, PHASE I June 17 , 2004 FORT WORTH, TEXAS CFA CODE #2004071 Page II of Exhibit C III . "STREETLIGHTS" INTERSECTIONS YELLOW BUCKEYE DR & CHERRY BARK LN 1 YELLOW BUCKEYE DR & SUNBURST DR 1 YELLOW BUCKEYE DR & ENON AVE 1 CHERRY BARK LN & SILVERBELL LN 1 EVERMAN PKWY & SILVERBELL LN 1 MID - BLOCK YELLOW BUCKEYE DR 2 SILVERBELL LN 3 CHANGE OF DIRECTIONS SUNBURST DR 1 EVERMAN PARK SOUTH, PHASE I 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 : Yellow Buckeye Dr & Enon Dr Yellow Buckeye Dr & Sunburst Dr Yellow Buckeye Dr & Cherry Bark Lane Silverbell Lane & Sunburst Dr Silverbell Lane & Cherry Bark Lane Silverbell Lane & Everman Pkwy Everman Park South, Phase 1 CFA code : 2004071 Date : June 18 , 2004