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HomeMy WebLinkAboutContract 31371 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. '�&7/ WHEREAS, Newmark Homes, L.P., by: Tousa Homes, Inc.,it's General Partner, hereinafter called "Developer", desires to make certain improvements to Villages at Sunset Pointe, Amenities Center, 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 ;c ka iA 41 b e ti ca LA e , its duly authorized F-,.ecA,,- We! J;LL 0i e5Ac if 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 _ : administered in conformance with paragraph 8, Section II, of the Pbfiq. x'_17-0 PC4 : ?9 RC CFA VILLAGES OF SUNSET POINT ame>dties center 110504.doc _ 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 are made a part hereof: CFA VILLAGES OF SUNSET POINT ameilties center I I0504.doc Water (A) Attached; Sewer (A-1) Attached; Paving (B) attached; Storm Drain (B-1) None; Street Lights and Signs (C)None. Il. 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 A, A-1, and B. 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 $18,413.80. Item Developer City Cost Total Cost A. Construction 1. Streets $ 17,704.80 $ - $ 17,704.80 2. Storm Drainage $ - $ - $ - 3. Street Lights $ $ - $ - 4. Street Name Signs $ $ - $ - B. Engineering Design $ - $ - $ C. Construction Engineering and Management by DOE 4% $ 709.00 $ 709.00 TOTALS $ 18,413.80 $ - $ 18,413.80 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. 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 VILLAGES OF SUNSET POINT ameiities center 110504.doc 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, aqd said Developer has executed this instrument in triplicate, at Fort Worth,Texas this the f day of � 72004. Approval Recommended: LL� Transportation and Public Works Cuntract- AuthorDepartment Date Robert (ko(*, P. E. Director ATTEST: City Of Fort Worth B j V�--n _ 4 Marc Ott City Secretary Assistant City Manager App v d as to Fo Assistant itylAtto y ATTEST: DEVELOPER Newmark Homes, L.P. By; Tousa Homes, it's General Partner By: Corporate Secretary EXecuc e- iJ i ce CFA VILLAGES OF SUNSET POINT ame4ties center 110504.doc 9722481577 NEfWMARK HOME 336 P07 NCU 18 '04 15:52 OF-FICS PHONE GILCO CONTRACTING, INC , FAX NUMBER: (817) 735-1600 4200 S. HULEN ST., SUITE 513 (817) 735-1613 FORT WORTH, TEXAS 76109 PROPOSAL PROJECT; AMENITY CENTER OWNER: NEWMARK HOMES, L.P. BID DATE: November 18, 20CA __ ITEM NO DESCRIPTION UNIT QUANTITYUNIT PRICE TOTAL BID _ 1 UNCLASSIFIED EXCAVATION CY 550 $1,60 $880.00 2 COMPACTED SACKFILL CY 100 $5.50 _ $65000 3 HYDRATED LIME (28#/SY) TON6 $8700 $43500 4 6" HYDRATED LIME STABILIZED SUBGRAD SY 359 $1.60 $574.40 5 6" 3000 PSI CONCRETE PAVEMENT W/7" SY 336 $21.40 $7,19040 CURBS _6 4' WIDE 51DEWAL KS SY 126 $25.00 $3,150.00 7 HYDRO MULCH PARKWAYS AC 0.05 $4,500.00 $225.00 8 TRAPEZOIDAL CONCRETE FLUME EA 1 $2,300.00 $2,300.00 4 REMOVE EXISTING FLUME r EA 1 $500.00 $500.00 1D INS ALL 18"-24" ROCK RIP RAP SY 30 $50.00 $1,500 00 11TEMPORAR TRAFFIC CONTROL LS 1 $150,00 $150.00 12 EROSION CONTROU/POLt UTION PREVENTION LS 1 $250.00 PAVING TOTAL,AMEN E TER $17,704.80 QUALIFICATIONS AND/OR EXCLUSIONS: 1. GILCO DOES NOT INCLUDE BONDS, STAKINGILAYOUT, TESTING, AGC DUES, PERMIT FEES, INSPECTION FEES, SEEDING, SODDING. SILT FF.NCE, PAVEMENT MARKING5, ELECTRICAL OR IRRIGATION CONDUITS, OR SIGNS 2. CILCO DOES NOT INCLUDE SALES TAXES ON MATERIALS INCORPORATED INTO THIS PROJECT. 3 GILCO WILI ACCEPT SUBGRADE AT PLUS OR MINUS ONE TEN'T'H OF A FOOT WITH RESPEUT TO PLAN GRADES. 4. GILCO DOES NOT INCLUDE CLEAN UP OF PARKWAYS, ETC AFTER FRANCHISE UTILITY COMPANIES, 5. THIS PROPOSAL SHALL REMAIN GOOD FOR 15 DAYS, 6 GILCO WILL SUBMIT MONTHLY PAY APPLICATIONS FOR WORK COMPLFTE TI'IROUGH THE END OF THE MONTH, PAYMENT SHALL 9E DUE ON THE 10TH OF THE FOLLOWING MONTH, Page 1 of 2 9722481577 NEWMPRK HOME 336 P68 NOU 12 '04 15:52 OFFICE PHONE GILCO CONTRACTING , INC . FAX NUMBER (817) 735-1600 4200 S. HULEN ST., SUITE 513 (817) 736-1613 FORT WORTH. TEXAS 76109 PROPOSAL PROJECT- AMENITY CENTER OWNER: NEWMARK HOMES, L.P. BID DATE; November 18, 2004 ITEM NO f7ESCRIPTION UNIT QUANTf UNIT PRICE TOTAI BID QUALIFICATIONS ANC/OR EXCLUSIONS: (CONTINUED) 7 GILCO RESERVES THE RIGHT TO APPROVE OWNER CREDIT PRIOR TO EXECUTING AN AGREEMENT, A IT IS THE INTENT OF THIS AGREEMENT THAT ALL MONIES DUE GILCO, INCLUDING FINAL RETAINAGE WILL BE PAID WITHIN 30 DAYS OF CITY ACCEPTANCE OF THE PROJECT. ANY STOPPAGE OF WORK MORE THAN 30 DAYS NOT DIRECTLY ATTRIBUTABLE TO GILCO WILL BE CAUSE FOR IMMEDIA rE PAYMENT OF ALL RETAINAGE AND ANY OTHER AMOUNTS WHICH ARE OWED Al THAT TIME. 9. GILCO INCLUDES THE TEMPORARY BARRICADING NECESSARY TO COMPLETE ITS WORK ANY ADDITIONAL BARRICADING COST NOT DIRECTLY RELATED TO GILCO WILL BE PAID BY OWNER 10. GILCO'S BID IS BASED ON CONSTRUCTION OF THIS WORK BEING PEFORMED SIMUTANIOUSI Y WITH THE CONSTRUCTION OF SYCAMORE SCHOOL ROAD AND SUMMER CREEK DRIVE, 11 OWNER TO PROVIDE ADEQUATE CLEARING TO PROPERLY CONSTRUCT STREETS FULL-WTDTH U-1 ILIZIN(3 A SLIP FORM PAVER, CONCRETE BFLT PLACER AND CONCRETE HAUL TRUCKS 12 GILCO DOES NOT INCLUDE THE COSI OF EXPOSING OR RELOCATING FRANCHISE UTILITIES 13. GILCO DOES NOT INCLUDE DESIGN, IMPLEMENTATION, OR OPERATING A STORM WATER POLLUTION PREVENTION PLAN. SINCEREI.Y, GILCO CONTRACTING, INC ?JAMEY BURCHETT CONTRACT MANAGER Page 2 of 2 41 2 Q®Q , ICL 20 r r 106 s PROPOSED 6' CONCRETE 107 PAVEMENT r , I 4-1a f / EXISTING 6' CONCRETE PAVEMENT �r , AMENXTIE19 CENTER / EX]3sIT rsp PAVING EXIT V ILLAG}ES OF SCALE , 1' = 50 ' SUNSET POINTIC 1011A WIER & ASSOCIATES, INC.. 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 0 EA $ 2, 500 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $00,000 . 00 City' s Cast $00 ,000 . 00 Developer' s Subtotal $00,000. 00 10% Contingencies $00,000. 00 Project Total $00,000 . 00 Adjacent Developer' s Cost $00,000. 00 Developer's Cost $00,000 . 00 2% Inspection Fee $00,000 . 00 CFA CODE #2004170 DEVELOPER' S COST: VILLAGES OF SUNSET POINTE AMENITIES CENTER January 3, 2005 Fort Worth, Texas January 22, 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 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: VILLAGES OF SUNSET POINTE AMENITIES CENTER January 3, 2005 FORT WORTH, TEXAS CFA CODE #2004170 Page II of Exhibit C ✓..L i III. NO STREETLIGHTS INVOLVED VILLAGES OF SUNSET POINTE AMENITIES CENTER 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 zero (0) intersections at a cost to the Developer of$0.00.- (No 0.00:(No new intersections, no new street name signs.) Villages of Sunset Pointe Amenities Center CFA code: 2004170 December 30, 2004