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HomeMy WebLinkAboutContract 33638 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.2& WHEREAS, Legacy2Monterey Homes, L.P., an Arizona Limited Partnership, hereinafter called "Developer", desires to make certain improvements to Crawford Farms Phase IIIA (0 11966.010) 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 MTH-Texas GP, Inc., an Arizona Corporation, its General Partner and by Michael S. Gavin, 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: 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 Policyw E. The contracts for the construction of the public infrastructur s '�J l>RiN /1,1 administered in conformance with paragraph 8, Section II, of the o yr���� �G��w, KEY, CFA REVISED FORMAT WITH 4%.doc 1 011966010 6-06 P02 :53 I'N' 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 allezed nerlizence 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 REVISED FORMAT WITH 4%.doc 2 011966010 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, 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 $519,607.06. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $301,537.90 301,537.90 2. Storm Drainage $196,703.50 196,703.50 3. Street Lights TRI-Count $936.00 936.00 4. Street Name Signs $500.00 500.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ (4%) 19,929.66 19,929.66 $ $ TOTALS 519,607.06 $ - 519,607.06 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 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. R it CFA REVISED FORMAT WITH 4%.doc 32E _� L �P FT. �:i0X,7Hj UK. 4. Future Improvements: Developer to pay$77,274.00 for Old Denton Road (1/2 110' R.O.W. Collector) at time of filing plat. 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, arW said Developer has executed this instrument in triplicate, at Fort Worth,Texas this the day of , 200(I Approval Recommended: Transportation and Public Works Department NO M&C .a_al:";° ,.k �='.� Robert Goode, P. E. Director ATTEST: City Of Fort Worth By: enMarc Ott City Secretary Assistant City Manager Approved as to Form: DEVELOPER Legacy/Monterey Homes, L.P. An Arizona Limited Partnership Assistant ity ttorney By: MTH—Texas GP, Inc. An Arizona Corporation, ATTEST: General Part By Corporate Secretary Mi ha S. Gavin, Vice esident CITY ,D CFA REVISED FORMAT WITH 4%.doc 4 011966010 .................. JRGES&lNt�::�i::'� -H T ..lAlr ........... T W T­ .............. 7 ET��i:MRTii -M 0 -.8 " ti'M- -�'AH.-F:7- 7.3-5. 6 7 0 -7 CRAWFORD FARMS PHASE III - A 24 OCTOBER 2003 PAVING ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABALIZED SUBGRADE 10,804 S.Y. 1.85 $19,987.40 2 6" R.C. STREET PVMT W17" CURB 10,497 S.Y. 19.00 $199,443.00 3 HYDRATED LIME (30#/SY) 163 TON 94.00 $15,322.00 4 TEMP. ASPHALT CRAWFORD FARMS DR 277 S.Y. 27.50 $7,617.50 5 *4' SIDEWALK 5,339 L.F. 10.00 $53,390.00 6 SIDEWALK RAMPS 6 E.A. 450.00 $2,700.00 7 ROCK RUBBLE RIP RAP 23 S.Y. 36.00 $828.00. 8 END OF ROAD BARRICADE 3 E.A. 750.00 $2,250.00 TOTAL - PAVING $301,537.90 *4' SIDEWALK TO BE CONSTRUCTED BY THE HOME BUILDER OLD DENTON ROAD ESCROW ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 1/2 110' ROW MAJOR ARTERIAL 486 L.F. 159.00 $77,274.00 TOTAL - PAVING (1/2 OLD DENTON ROAD) $77,274.00 I I TY 3) p E LAI y Ff. Hl G:\JOB\011966\EST\PHASE III-A\QT020030915.XLS 10/24/2003 BARTER& BtR:IEr:IN ;:..:..:::. 777.MAIN STREET} ;FORT W ?RTFF; TE ►S 7fi1'OZ ... IRIFICJInI NU X817) 73 6000 or :Metro(817) 42 .01.70.:. ' . CRAWFORD FARMS PHASE III - A 24 OCTOBER 2003 STORM DRAIN SYSTEM ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 8'x4' C-850 SBC 166 L.F. 300.00 $49,800.00 2 4'x2' SBC 78 L.F. 110.00 $8,580.00 3 54" RCP 286 L.F. 160.00 $45,760.00 4148" RCP 186 L.F. 110.00 $20,460.00 5 24" RCP 388 L.F. 40.00 $15,520.00 6 21" RCP 112 L.F. 35.00 $3,920.00 7 TRENCH SAFETY STORM DRAIN) 1,216 L.F. 1.00 $1,216.00 8 STD 10' CURB INLET 4 EA. 1,700.00 $6,800.00 9 10' RECESSED CURB INLET 2 EA. 2,000.00 $4,000.00 10 4' SQUARE MANHOLE 1 EA. 1,500.00 $1,500.00 11 5' SQUARE MANHOLE 1 EA. 1,600.00 $1,600.00 12 STD. TYPE 7 MANHOLE 1 EA. 5,300.00 $5,300.00 13 STD. MANHOLE RISER 8'x4' SBC) 1 EA. 1,000.00 $1,000.00 14 8'x4' SBC PARALLEL WING HEADWALL 1 EA. 5,000.00 $5,000.00 15 4'x2' SBC SLOPING HEADWALL 2 EA. 3,000.00 $6,000.00 16 48" RCP TYPE B HEADWALL 1 EA. 1,500.00 $1,500.00 17 24" RCP SLOPING HEADWALL 1 EA. 1,200.00 $1,200.00 18 CHANNEL EXCAVATION 2,473 C.Y. 3.50 $8,655.50 19 ROCK RUBBLE RIPRAP 247 SY. 36.00 $8,892.00 TO AL - STORM DRAIN SYSTEM 196,703.50 c00�5'D G:\JOB\011966\EST\PHASE III-A\QT020030915.XLS 10/24/2003 III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 2 EA $ 0, 000 $00, 000 . 00 MID-BLOCK RESIDENTIAL 2 EA $ 0, 000 $00, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 0, 000 $00, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 0, 000 $ --0-- MID-BLOCK ARTERIAL PARKWAY 0 EA $ 0, 000 $ --0— MID-BLOCK ARTERIAL MEDIAN 0 EA $ 0, 000 $ __0__ RELOCATE EXISTING LIGHT 0 EA $ 0, 000 $ --0-- 0 (200 watt lights) x $7 . 05 (per light) x 24 months = $00, 000 . 00 6 (100 watt lights) x $6 .50 (per light) x 24 months = $936 . 00 Total : $936 . 00 The Street Lights will be installed by TRI County Electric Cooperative the developers initial 24- month power charge will be $936.00 After the initial 24-month power charge the City of Fort Worth, WILL ASSUME THE POWER COST. CRAWFORD FARMS, PHASE III-A November 13, 2003 Fort Worth, Texas November 13, 2003 PAGE I OF EXHIBIT C 2. 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. 3 . Streetlights on arterial streets shall be installed with underground conduit and conductors . 4 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities" . S . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational . 6 . A 3-inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points . 7 . The developer shall pay the initial two year power cost to TRI- COUNTY ELECTRIC COOPERATIVE, after the initial two year cost the City of Fort Worth, will assume the power cost. 8 . The developer or their contractor shall contact City' s street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-6596 to insure proper inspection of work. TOTAL DEVELOPER' S COST $936 .00 CRAWFORD FARMS, PHASE III-A November 13, 2003 Fort Worth, Texas November 13, 2003 PAGE II OF EXHIBIT C "STREET LIGHTS" INTERSECTIONS CRAWFORD FARMS DR & PAINTBRUSH DR 1 CRAWFORD FARMS DR & ASTER RIDGE DR 1 MID - BLOCK CRAWFORD FARMS DR 1 DELANEY DR 1 CHANGE OF DIRECTIONS DELANEY DR 2 CRAWFORD FARMS, PHASE III-A 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 five (5) intersections at a cost to the Developer of$500.00: Crawford Farms Dr & Old Denton Rd Crawford Farms Dr & Paintbrush Dr (N side of street) Crawford Farms Dr & Paintbrush Dr (S side of street) Crawford Farms Dr &Aster Ridge Dr Delaney Dr & Paintbrush Dr Note: The street name signs previously installed were of a different design standard. 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