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HomeMy WebLinkAboutContract 32501COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. .C'�< J0 WHEREAS, Pulte Homes of Texas, L.P., a Texas Limited Partnership. hereinafter called "Developer", desires to make certain improvements to Meadow Creek South 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 PNI, Inc. a Nevada corporation, its general partner and by Richard Dix its duly authorized DFW City Pre sidentand 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 shall be administered in conformance with paragraph 8, Section II, of the Policy. CFA-tpw-rev20050811 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 iniuries, death or damaEres are caused, in whole or in Part, by the allezed neslieence of the Citv of Fort Worth, its officers, servants, or emplovees. 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-tpw-rev20050811 2 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, B 1, 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 $939,859.00. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $519,900.00 $ - $519,900.00 2. Storm Drainage $355,733.00 $ - $355,733.00 3. Street Lights $28,600.00 $28,600.00 4. Street Name Signs $600.00 $600.00 IB. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) $35,026.00 (") $35,026.00 TOTALS $939,859.00 $ - 1 $939,859.00 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. 4. Risinger Road future improvements paid during Phase 4. CFA-tpw-rev200508l l 3 III. Park Improvements A. Developer, at its sole cost and expense, agrees to dedicate via the platting rules and regulations 4.53 acres of land, more or less, within the Meadow Creek South Phase I11, an addition to the City of Fort Worth, Texas, more particularly as shown as the area marked in yellow on the attached Exhibit "A", which made a part hereof for all purposes. The property being dedicated is to be used as park property and is hereinafter referred to as the "Property". B. Developer, at its sole cost and expense, shall be responsible for the clean-up of the Property, including, but not to be limited to, removal of trash and construction debris deposited on the Property, subject to the reasonable inspection and acceptance by the Parks and Community Services Department ("PACS"). C. Developer agrees that it will not encumber the Property in any way prior to the Property being dedicated through the platting process, nor shall Developer dispose or transfer the Property in any manner. In the event Developer does encumber the Property, Developer shall, at its sole cost and expense, remove such encumbrance upon demand of the City, whether before or after the Property has been dedicated. D. Developer, at its sole cost and expense, shall prepare or cause to be prepared the final plat of the Property. Developer shall submit the final plat to PACS for review and approval. Upon approval by PACS, Develop shall submit the final plat to City's Development Department and shall comply with that Department's rules, regulations and policies for the presentment of the final plat to the Planning Commission. E. Developer and City understand that a portion of the Property is to be used as a detention pond. Developer shall be responsible for all costs associated with the design of the detention pond. Plans and specifications for the detention pond shall be subject to the review and approval of City. Prior to the filing of the final plat, Developer shall have (1) either constructed the detention pond or (2) delivered the plans and specifications for the detention pond and deposited the sum of $45,240 with PACS. In the event that Developer selects option (2), City shall then be responsible for the construction of the detention pond. F. Developer agrees to make a one-time deposit the additional sum of $2,262 for use by City for the operation and maintenance of the detention pond. Upon compliance with its duties and obligations hereunder, Developer shall have no further responsibility for the operation and maintenance of the detention pond. G. Developer, at its sole cost and expense, shall provide a minimum of six (6") inches of topsoil over areas of cut or fill within the Property. The topsoil shall be relatively free of rock and other debris. Further, Developer agrees to seed areas of cut or fill with suitable grass as determined by the PACS. CFA-tpw-rev2005O8l l 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 Developer e e ute ' this instrument in triplicate, at Fort Worth, Texas this the day of 005. Approval Recommended: NO M&C UQUIRED ATTEST: Marty HendrixD City Secretary ATTEST: Corporate Secretary Transportation and Public Works Department �5 Robert Goode, P. E. Director City Fort Worth By Marc Ott Assistant City Manager DEVELOPER Pulte Homes of Texas, L.P. A Texas Limited Partnership By: PNI, Inc. A Nevada corporation Its General Partner By: — 0241,; �ar Vj J* CFA-tpw-rev20050811 5 CB 011468.010 Page3 MEADOW CREEK SOUTH PHASE III 14-Oct-2003 PAVING JTTEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" R.C. STREET PVMT W/7" CURB 15,677 S.Y. $22.00 $344,894.00 2 6" LIME STABALIZED SUBGRADE 16,141 S.Y. $2.25 $36,317.25 3 HYDRATED LIME (30#/SY) 242.0 TON $105.00 $25,410.00 4 4- SIDEWALK 8,091 L.F. $14.00 $113,274.00 11TOTAL PAVING $519,900.00 PARK IMPROVEMENTS J ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 PARK IMPROVEMENT BY DEVELOPER 1 L.S. $45,240.00 $45,240.00 2 5% ENDOWMENT FUND 1 L.S. $2,262.00 $2,262.00 TOTAL PARK IMPROVEMENTS $47,502.00 G:\JOB\011468\EST\Ph4CFA.XLS CB 011468.010 Page4 MEADOW CREEK SOUTH PHASE III 14-Oct-2003 STORM DRAIN SYSTEM ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 72" RCP 359 L.F. $190.00 $68,210.00 2 60" RCP 270 L.F. $150.00 $40,500.00 3 54" RCP 670 L.F. $135.00 $90,450.00 4 42" RCP 426 L.F. $84.00 $35,784.00 5 39" RCP 60 L.F. $74.00 $4,440.00 6 36" RCP 18 L.F. $66.00 $1,188.00 7 33" RCP 29 L.F. $58.00 $1,682.00 8 30" RCP 366 L.F. $52.00 $19,032.00 9 27" RCP 492 L.F. $48.00 $23,616.00 10 24" RCP 97 L.F. $44.00 $4,268.00 11 21" RCP 36 L.F. $40.00 $1,440.00 12 STD 10' CURB INLET 6 EA. $2,200.00 $13,200.00 13 STD 15' CURB INLET 4 EA. $3,200.00 $12,800.00 14 STD 4' SQ MANHOLE 2 EA. $2,500.00 $5,000.00 15 STD 5' SQ MANHOLE 2 EA. $3,300.00 $6,600.00 16 STD 6' SQ MANHOLE 2 EA. $3,900.00 $7,800.00 17 STD 7' SQ MANHOLE 1 EA. $4,500.00 $4,500.00 18 72" TYPE "C" HEADWALL 1 EA. $4,500.00 $4,500.00 19 54" TYPE "C" HEADWALL 1 EA. $3,200.00 $3,200.00 20 42" TYPE "C" HEADWALL 1 EA. $2,500.00 $2,500.00 21 39" TYPE "C" HEADWALL 1 EA. $2,200.00 $2,200.00 22 TRENCH SAFETY 2,823 L.F. $1.00 $2,823.00 TOTAL STORM DRAIN SYSTEM $355,733.00 1 G:AJOB\011468\EST\Ph4CFA.XLS " MEADOW CREEK SOUTH PHASE III 14-Oct-2003 STREET LIGHTS & SIGNS JITEM# DESCRIPTION QTY UNIT PRICE 1 STREET LIGHTS 13 EA. $2,200.00 2 STREET SIGNS 6 EA. $100.00 ,TOTAL STREET LIGHTS/SIGNS Page5 AMOUNT $28,600.00 $600.00 $29,200.00 G:\JOB\011468\EST\Ph4CFA.XLS IV STREET NAME SIGNS 1. The Developer 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. 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 (that require street name signs) at a cost to the Developer of $600.00: Orleans Lane & Adams Fall Lane Beaufort St & Adams Fall Lane Stonewall Lane & Adams Fall Lane Stonewall Lane & Carolina Dr Kitty Hawk Lane & Carolina Dr Ashville Lane & Carolina Dr Meadow Creek South, Ph 3 CFA code: 2003130 Date: November 13, 2003 ]D[50� N NOT TO SCALE PROJECT >. J L__7- N. CROWLEY ROAD LOCATION MAP MEADOW CREEK SOUTH PHASE III Carlferl ,� Burgess CARTER & BURGESS, INC. 777 AWN STREET FORT WORTH, TX 76102 PROJECT NO. 011468.010.1.0001 U(N3 TOBA4CO ;LAND 3CALEE 1" = 200' j 13 / ® 8 CA;ROLWA: DRIVE -' - 1° 9 /2 O E- 17 LAB 11 10 23 22 21 20 19 18 17 16 15 14 13 / 43 42 41 40 39 38 37 36 35 13 14 3 1 1 2LANE / I �- A -)AA S FALL LAr E 32 ------ I . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 JI 16 -_1 2/ • I I-...� JO 17. 1 I 51 50 49 46 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 29 . 18 I C) L `.� `- �+ ST�iEL LANE 32 23 © 28 19 = . I •� i 2 7 21 ! ' ! G 7 • 27 J • 25 26 • ttt EEE� • i U s29 25 30 28 35 27 24 23 / E <}-- -- - PARK 34 • ♦ '4'.... 1'{. y ! ..____.... _ I © ."7011,,EW.',!LLL.• LANE • • � • F� - - - -- -- 33 32 31 30 29 28 27 26 25 24 23 22 . rr0ll I LEGEND J + PROP. 29' B/B I_ ! P OSPLK 1 CI 1 f_ I ROADWAY/ 50' ROW iiIL I DRIVE •_ _ I PROP. 41' B/B I ROADWAY/60' ROW I STREETS PROP. 4' Sf DEWAIK •••••••••••••••• EXHIBIT ' B' Canter ig Burgess LIMITS OF PROJECT - - - - --- '- MEADOW CREEK SOUTH CARTER & BURGESS, INC. 777 MAR! STREET PHASE III PROJECT, NO. 011468. 010.1. 0001 UUN --- -I . TOBACCO 'LA141 I ;CALEi V = 200' --- I 36.. II -- 13 =_____________ _ ® B 10, 10, I ro 9 LSE 12 CAROLINA: DRIVE a H 5' S MH O W 11 5' SOMH 1 r 4 1 42" ® (q / 7 8 9�1 Tr 43 —42— 41 40 39 ® r2 6 T3 22 J5 IJ L10, 34 1I 24' 27" 33 14 4 3 1 T I T ADAWS FALL LANE 4' SOMH 4' OMH s I I 10, — — ` 32 15 �� ! .] \ I r z 3 4 s 6 7 e 9 to rr rz IJ 14 rs 16 n 1e 19 sn Jr re KITTY HAV1I LANE !. © 21 ' �' I 51 50 49 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 22 29 P4 78 10' 33" O JT 230 f9 42"HU� i�TO�TER ALd' I�.Ah1E�. i� ii 54 6' SOMH 15,26 54" HDWL 24 20 .,.1.....•...,..«.. ... 31 27 Q 37 zr €---_..:�-...._...._.......-_ `v 30 25-54°26 I PARK J - 6 25 t I t0 ..! _.-.-_._. t :..`....`--- U �....._-._ -_..F i ....I 36 29 2 I - 22 0 35 / .28 I 27 24 23 1 34 60 C72" HDWL ,0......_. �-6' SQM �-7' SOMH - I 'TO y _._.-...._ 15' 5' 1 33 32 JI 30 29 2B 27 26 25 24 23 22 I.. — 30 39 HOWL PRdSPE4`TLI DRy;LEGENG I PART` PROP. STORM DRAIN LINE PROP. INLET r PROP. MANHOLE 1 PROP, HEADWALL STORM DRAIN s EXIST. STORM DRAIN LINE _ _ —�r-- _ = EXHIBIT B-1 Carter,, Burgess LIMITS OF PROJECT — CARTER & BURGESS, INC. MEADOW CREEK SOUTH 777,yM S RRT FORT WOUK TX 76102 PHASE 1111 PROJECT NO. 011460.010.1.0001 VN SCALE11" = -- TOBACCO LANE 200' 13 CAROLINA DRIVE 10 L 12 • , � � lr � 11 23 zz 21 20 19 18 l7 16 15 14 13 43 42 41 40 J9 38 J7 36 - - ---- - -- 35 13 I- � 14 3 I I z / ADAMS FALL LANE 33 5 4 I 32 15 I I • -' -' I 1 2 3 4 5 6 7 8 9 10 11 12 13 /4 /5 16 17 18 19 20 \ 31 16 KITTY HAWK LANE 30 1722 I 51 50 49 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 29 18 I O 1- s i - - v - 32 23 © 28 /9 STONEWALL LANE -� .� 31 24 27 20 PARK a 37 I <26 U 36 29 I 26 P4 zz I35 28 I 27 - 24 23 ' I O- - - -- - k 34 STONEWALL LANE o rA O •. ---- - 33 3z 31 30 29 28 z7 z6 25 24 23 22 } I LEGEND PRosPl cr : DRIVE I i a.,_-__-. _ !._... _._.. _.... PARK ROP. SINGLE STREET LIGHT (I ST. SINGLE STREET LIGHT 0 )N STEEL POLE WITH STREET 4D STOP SIGNS ATTACHED) ¢ iOP. STREET SIGN ♦ STREET LIGHTS r { I ST. STREET SIGN Q EXHIBIT ' C' Carter, ` Burgess Q� I M I TS OF PROJECT MEADOW CREEK SOUTH CARTER N s& BURGE5S, INC. M- Mrr PHASE III rORT WORTH, TX 76102 - PROJECT NO. 011468.010.1.0001