HomeMy WebLinkAboutContract 33540 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary ;a
dr
COUNTY OF TARRANT § Contract No.\��`J
WHEREAS, Pulte Homes of Texas, L.P. ,
hereinafter called "Developer", desires to make certain improvements to Lasater
Addition,Phase I, Section 5 , 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 PNI, Inc., a Nevada
Corporation, its: General Partner , its duly authorized
, 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 H,paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section H, of tt. R`r
05-25-06 PO4 : 04 IN '� &,\A ENT
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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 pa ' hereof:_
officl- 1A END
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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, 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, 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 $101,778.00.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $ 71,779.00 $ - $ 71,779.00
2. Storm Drainage $ 21,661.00 $ - $ 21,661.00
3. Street Lights $ 4,400.00 $ 4,400.00
4. Street Name Signs $ 200.00 $ 200.00
B. Engineering Design $
C. Construction Engineering
and Management by DOE 4% $ 3,738.00 $ 3,738.00
TOTALS $101,778.00 1 $ - 1$101,778.00
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 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.
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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, said D velae
has executed this instrument in triplicate,at Fort Worth,Texas this the 2 yo
f
200
Approval Recommended:
Transportation and Public Works
Department
Ei
M&C RE-QUIRM
Robert Goode,P. E.
Director
ATTEST: City Of F rth
B
rnG�r�� ��YI rl Marc Ott
City Secretary Assistant City Manager
Appr ed to Fo
Assistant dity Attorney
ATTEST: Pulte Homes of Texas, L.P.
A Texas Limited Partnership
Corporate Secretary By: PNI, Inc.
A Nevada Corporation
It
Lral Part er
By:
RECEIVED V P (Print name an'l title)
JUN 10 2004 t
(Date
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LASATER ADDITION PHASE I, SECTION 5
25-Feb-2004
PAVING
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
1 6" R.C. STREET PVMT W/7" CURB 2,215 S.Y. 21.00 46,515.00
2 6" LIME STABALIZED SUBGRADE 2,290 S.Y. 1.80 4,122.00
3 HYDRATED LIME 30#/SY 34 TON 90.00 3,096.00
4 4' SIDEWALK 1,289 L.F. 14.00 18,046.00
TOTAL PAVING $71,779.00
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LASATER ADDITION PHASE I, SECTION 5
25-Feb-2004
STORM DRAIN SYSTEM
ITEM# IDESCRIPTION QTY UNIT PRICE AMOUNT
1 39" RCP 67 L.F. 75.00 5,025.00
2 30" RCP 144 L.F. 55.00 7,920.00
3 24" RCP 29 L.F. 44.00 1,276.00
4 39" HEADWALL 1 EA. 2,800.00 2,800.00
5 STD 10' CURB INLET 2 EA. 2,200.00 4,400.00
6 TRENCH SAFETY 240 L.F. 1.001 240.00
TOTAL STORM DRAIN SYSTEM $21,6:61.00
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LASATER ADDITION PHASE I, SECTION 5
25-Feb-2004
STREET LIGHTS & SIGNS
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
1 STREET LIGHTS 2 EA. 2,200.00 4,400.00
2 STREET SIGNS 2 EA. 100.00 200.00
TOTAL STREET LIGHTS/SIGNS $4,600.00
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I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 000 $0, 000. 00
MID-BLOCK RESIDENTIAL 1 EA $ 2, 000 $2, 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 $4,000.00-
City's
4,000.00City's Cost $00, 000.00
Developer's Subtotal $4,000.00
10% Contingencies $0,400.00
Project Total $4,400.00
Adjacent Developer's Cost $0,000.00
Developer's Cost $4,400.00
2% Inspection Fee $0,00.00
DEVELOPER'S COST: $4,400.00
LASATER ADDITION PHASE I- SECTION V
March 4, 2004
Fort Worth, Texas
April 29, 2004
PAGE 1 OF Exhibit C
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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 effort.
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 streetlight installation is detailed on
page 1 of exhibit C and is summarized below, the streetlights will
remain the property of, and will be maintained by the City of Fort
Worth.
DEVELOPER'S COST: $4,400.00
LASATER ADDITION PHASE I-SECTION V
FORT WORTH, TEXAS
March 4, 2004
Page 2 of Exhibit C
1 �t; �,
III.
"STREET LIGHTS"
MID - BLOCK
DESPERADO RD 1
CHANGE OF DIRECTIONS
DESPERADO RD 1
LASATER ADDITION PHASE I - SECTION V
Page 3 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 one (1) intersections (that
require street name signs) at a cost to the Developer of $100.00:
Desperado Rd & Minturn Dr
(Desperado Rd & Buffalo Creek Dr signed by Phase by phase I
Section 3)
Lasater Addition Phase I section 5
CFA code: 2004015 Date: April 29, 2004
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EXHIBIT 'B'
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PROJECT NO. 010825.010.0.0001
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STORM DRAIN
LEGEND EXHIBIT '13-1'
OP. STORM DRAIN LINE LASATER ADDITION
'OP. INLET T PHASE I - SECTION 5
OP. MANHOLE
OP. HEADWALL --{ Carter x Burgess
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STREET LIGHTS
LEGEND EXHIBIT 'C'
OP. SINGLE STREET LIGHT • LASATER ADDITION
IST. SINGLE STREET LIGHT O PHASE I — SECTION 5
1 STEEL POLE WITH STREET
D STOP SIGNS ATTACHED)
7P. STREET SIGN Carte Burgess
IST. STREET SIGN Q CARTER & BURGESS,INC.
m MAN STREET
4I TS OF PROJECT —— FORT WORTH,TX 76172
(W)735_6000
PROJECT NO. 010825.010.0.0001