HomeMy WebLinkAboutContract 31094 y � r
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. -3 1 (DW
WHEREAS, Newmark Homes, L.P., A Texas Limited Partnership,
BY: TOUSA Homes, Inc., it's General Partner, hereinafter called "Developer", desires
to make certain improvements to Heritage Phase 3D-B Section 1C, 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 Richard Albergue, of
TOUSA Homes, Inc., its duly authorized Executive 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 Policy.
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E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
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.
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L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
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 50
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $260,709.50 $ - $260,709.50
2. Storm Drainage $511,590.00 $ - $51,590.00
3. Street Lights w
4. Street Name Signs
B. Engineering Design
C. Construction Engineering
and Management by DOE 4% $12,492.00 M $12,492.00
TOTALS $ ���.5` $
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
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inspection fees and materials testing. The City will pay additional inspection fee over
4%.
3. City not preparing plans and specifications.
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, d said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the day of
, 2004.
Approval Recommended:
Transportation and Public Works
Department
Cont raet AUC_11or Zac_i
L
�_,..,.... Robert Goode, P. E.
Late Director
ATTEST: City-Of Fort Worth
B `
Marc Ott
City Secre ry Assistant City Manager
Approved as to Form:
DEVELOPER
Newmark Homes, L.P.
A Texas Limited Partnership
By: TOUSA Homes, Inc.,
Assistant City Attorney It's General Partner
By: 'S -
Richard Alberque,
Executive Vice President
ATTEST:
Corporate Secretary RECEIVED
f
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C&B No.013065.010
CARTER&BURGESS,IN.0
777[MAIN STREET, FORT V1lOi2tH, TEXAS 76102
. ON .NO (it7)735;60b0 pr.Metro(.817}429.;0170
CFA Estimate for:
HERITAGE PHASE 3D-13 SECTION 1C
November 18,2004
WATER DISTRIBUTION SYSTEM
Item No. DESCRIPTION QTY UNIT PRICE AMOUNT
1 8"Water Main 3,216 L.F. 17.00 54,672.00
2 6"Water Line 20 L.F. 15.00 300.00
3 8"Gate Valve&Box 4 EA. 676.00 2,704.00
4 6"Gate Valve&Box 4 EA. 500.00 2,000.00
5 8"X8"Tapping Sleeve&Valve 2 EA. 2,000.00 4,000.00
6 STD Fire Hydrant 4 EA. 1,200.00 4,800.00
7 1"Services W/Meter.Box 102 EA. 375.00 38,250.00
8 Cast Iron Fittings 2 TON 3,000.00 5,000.00
9 Trench Safety 3,236 L.F. 1.00 3,236.00
TOTAL-WATER DISTRIBUTION SYSTEM $114,962.00
the contract amount is: $ 112,885.60
SANITARY SEWER COLLECTION SYSTEM
Item No. DESCRIPTION QTY UNIT PRICE AMOUNT
1 8"Sewer Main 2,863 L.F. 25.00 71,575.00
2 4'Diameter Manhole 13 EA. 1,600.00 20,800.00
3 4"Sewer Service 102 EA. 375.00 38,250.00
4 Trench Safety 2,863 L.F. 1.00 2,863.00
T AL-SANITARY SEWER COLLECTION SYSTEM 133,488.00
the contract amount is: $ 127,256.75
GvJOB\013065\ESIICFA Estimate 1C.As
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C&B No.013065.010
CARTER&:BURGESS,INC
777:MRIN S7E2E 7, I;GRT. WORTH, 'CEXAS 76.102
PHONE NO (817)7S5 6000 .. IVlOr o j8'17)429;0170
CFA Estimate for:
HERITAGE PHASE 3D-B SECTION 1C
November 18,2004
STREET IMPROVEMENTS
Item No. DESCRIPTION QTYJ UNIT I PRICE AMOUNT
1 6"R.C.Street Pavement 10,830 1 S.Y. 1 22.50 1 243,675.00
2 Lime Stabilized Sub grade 11,200 1 S.Y. 1 1.751 19,600.00
3 Hydrated Lime 30#/SY 168 1 Ton 1 95.001 15,960.00
TOTAL-STREET IMPROVEMENTS $279,235.00
the contract amount is: 260,709.50
STORM DRAIN SYSTEM
Item No. DESCRIPTION QTY UNIT PRICE AMOUNT
1 33"RCP 204 L.F. 55.00 11,220.00
2 24"RCP 434 L.F. 40.00 17,360.00
3 21"RCP 41 L.F. 34.00 1,394.00
4 STD 20'Curb Inlet 2 EA. 3,600.00 7,200.00
5 STD 15'Curb Inlet 2 EA. 3,200.00 6,400.00
6 STD 4'SQ Manhole 5 EA. 3,000.00 15,000.00
7 Trench Safety 679 L.F. 2.00 1,358.00
11TOTAL-STORM DRAINAGE SYSTEM $59,932.00
the contract amount is: $ 51,590.00
STREET LIGHT BASES &STREET SIGNS
Item No. DESCRIPTION QTY UNIT PRICE AMOUNT
1 Street Li ht*** 12 EA. 1,900.00 22,800.00
2 Street Signs 6 EA. 100.00 600.00
TOTAL STREET LIGHT BASES&SIGNS $23,400.00
***Per Mark Mathis,$1900.00 per street light is required since Tri-County Electrical
Coop, Inc.is under contact to install conduit system and street light foundations.
G\JOB\013065\EST\CFA Estimate 1C.x1s i Paget of 2
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III. STREET LIGHTS:
1 . STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 2 EA $ 1, 900 $3, 800 . 00
MID-BLOCK RESIDENTIAL 7 EA $ 11900 $13, 300 . 00
CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 1, 900 $5, 700. 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 $22,800.00
(REVISED 11-10-2004)
City' s Cost $00, 000. 00
Developer's Subtotal $22,800.00
10% Contingencies $000.00.00
Project Total $22,800.00
Adjacent Developer's Cost $0,000.00
(REVISED 11-10-2004) Developer's Cost $22,800.00
2% Inspection Fee $0,00.00
DEVELOPER'S COST: $22,800.00
(REVISED 11-10-2004)
HERITAGE ADDITION, PHASE 3DB-SECTION 1C
March 15, 2004
Fort Worth, Texas - "
November 23, 2004
PAGE 1 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 of Transportation and Public Works .
3. The Developer' s shall pay the amount shown below to the City of Fort
Worth at the time after execution of the Communities Facilities
Agreement.
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. 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 or their contractor shall contact City' s street light
division 48 hours prior to starting any installation of conduit
and/or streetlights at (817) 871-8100 to insure proper inspection of
work.
DEVELOPER'S COST: $22,800.00
HERITAGE ADDITION, PHASE 3DB - SECTION 1C
March 15, 2004
FORT WORTH, TEXAS
(REVISED 11-10-2004)
(DEVELOPER WILL BE INSTALLING THE CONDUIT AND FOUNDATIONS)
Page 2 of Exhibit C -
"STREET LIGHTS"
INTERSECTIONS
FRIEDMAN IN & HAWLEY DR 1
STEINER ST & SILSBY DR 1
MID - BLOCK
HAWLEY DR 3
SILSBY DR 2
STEINER ST 2
CHANGE OF DIRECTIONS
SILSBY DR 2
STEINER ST 1
HERITAGE ADDITION, PHASE 3DB - SECTION 1C
Page 3 of Exhibit C
1
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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:
Trace Ridge Pkwy & Hawley Dr
Trace Ridge Pkwy & Steiner St
Hawley Dr & Friedman Lane
Steiner St & Friedman Lane
Silsby Dr & Friedman Lane
Silsby Dr & Steiner St
Heritage, Phase 3D-B, Section 1 C
CFA code: 2004097 July 7, 2004
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