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HomeMy WebLinkAboutContract 29615 - � s COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.-91� 1 WHEREAS, Hillwood Alliance Residential, L.P., Standard Pacific of Texas, L.P., TOUSA Homes, Inc. (formerly known as Engle Homes/Texas, Inc.), Morrison Homes of Texas, Inc., and Continental Homes of Texas, L.P., hereinafter called "Developer", desires to make certain improvements to Heritage Trace Parkway (Station 69+00 to Station 144+59), 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 Hillwood Alliance Residential, L.P., acting herein by and through Angie Waddle, its duly authorized Vice President of Hillwood Development Corporation, general partner of Hillwood Operatinggeneral partner of Hillwood Alliance Residential, L.P.; and Standard Pacific of Texas, L.P, acting herein by and through Michael W. Brady, its duly authorized President of Standard Pacific of Texas, GP, Inc., eg neral partner of Standard Pacific of Texas L.P.; and TOUSA Homes, Inc., acting herein by and through Richard D. Alberque, its duly authorized Division President; and Morrison Homes of Texas, Inc., acting herein by and through Greg Lorenzetti, its duly authorized Vice President, and Continental Homes of Texas, L.P., acting herein by and through John L. Moore, its duly authorized Division President of CHTEX of Texas, Inc., sole general partner of Continental Homes of Texas, L.P., 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 Co U=t as if cop 19 1 CFA HERITAGE TRACE STA. 69 TO STA. 144 1 rZ 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. 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 beg' un it CFA.HERITAGE TRACE STA. 69 TO STA. 144 2 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- 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, Bl, 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 $1,9$9,495.00.. r r_ CPA HERITAGE TRACE STA.69 TO STA. 144 3 Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 1,1 19,459.00 $ 211,407.00 $ 1,330,866.00 2. Storm Drainage $ 409,675.00 $ 114,893.00 $ 524,568.00 3. Street Lights $ 26,600.00 $ 57,000.00 $ 83,600.00 4. Street Name Signs $ - $ 300.00 $ 300.00 B. Engineering Design $ - $ 19,578.00 $ 19,578.00 C. Construction Engineering and Management b DOE 2 $ 30,583.00 $ 30,583.00 TOTALS $ 1,586,317.00 $ 403,178.00 $ 1,989,495.00 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 two percent (2%) cost for construction inspection fees and materials testing less 10% for contingency cost. (*) Represents City participation for construction fees based on actual cost. 3. City not preparing plans and specifications. CFA HERITAGE TRACE STA. 69 TO STA. 144 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 has executed this instrument in triplicate, at Fort Worth, Texas this the .41 day of OIL., , 200�3's t Approval Recommended: Transportation and Public Works + ! Department Contract authorization —� RobA Goode, P. E. Director Date ATTEST: City Of Fo orth By: arc tt City Secretary Assistant City Manager Approved as to Form: Assistant City Attorney ATTEST: DEVELOPER: Hillwood Alliance Residential, L.P., a Texas Limited Partnership By: Hillwood Operating, L.P., its general partner Corporate Secretary By: Hillwood Development Corp, its ge ral parte By. ; Angie Wa dl , i ,Pzesiderit Try •.- - . CFA HERITAGE TRACE STA. 69 TO STA. 144 5 DEVELOPER: Standard Pacific of Texas, L.P., a Delaware Limited Partnership By: Standard Pacific of Texas GP, Inc. a Delaware corporation, its general partner By. /VNaj Michael W. Brady,.President DEVELOPER: ��rrJ�l� �vs�.z✓ G•f' � xY TO Homes, Inc. a Florida corporation (formerly known as Engle Homes/Texas, Inc.) By: � ~� chard D. Alberque, Division President DEVELOPER: Morrison Homes of Texas, Inc. a Texas corporation Y: cJQ� ��!/�NI�.f ��1r5►?1� �i� DEVELOPER: Continental Homes of Texas, L.P. a Texas Limited Partnership By: CHTEX of Texas, Inc., a Delaware corporation, its sole general partner A, By• C'Ii (7,4":r CFA HERITAGE TRACE STA. 69 TO STA. 144 6 E. STREET LIGHTS : 1. 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 38 EA $ 2, 200 $83 , 600 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2 , 200 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $83 , 600 . 00 City' s Cost $57, 000 . 00 Developer' s Subtotal $0 , 000 . 00 10% Contingencies $0, 000 . 00 Project Total $83 , 600 . 00 Adjacent Developer' s Cost $0, 000 . 00 Developer' s Cost $0, 000.00 2% Inspection Fee $0, 00 . 00 Developer' s Responsibility See PG III-1, "Line 7" HERITAGE TRACE PARKWAY STA 69 + 00 TO STA 144 + 59.45 (REVISED May 2, 2003) Fort Worth, Texas III- 1 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 . 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" . 5 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between street light s. 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 . Street light conduit and footings shall be installed by the developer's contractor as part of and at the time of street construction. The city will obtain electric service and complete the street light construction in accordance with approved plans . 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) 871-8100 to insure proper inspection of work. 9 .The procedure for installing conduit and footings will be with the inspector on the job site or you can request a copy by calling 817- 871-6596 . HERITAGE TRACE PARKWAY, STA 69 + 00 TO STA 144 + 59.45 (REVISED May 2, 2003) � sa III- 2 "STREETLIGHTS" MID - BLOCK ARTERIAL PARKWAY HERITAGE TRACE PKWY 38 (DOUBLE ARMS) HERITAGE TRACE PARKWAY, STA -69 + 00 TO STA 144 + 59 .45 -'1 �� � 'v✓L5 "� ��r IV STREET NAME SIGNS 1 . The City 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 City 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 . 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'�6 0 O ---Q O :2 X©Z = - �y W ,Q CL J C) 0 II ' O O O O p O W Li.l O U J Q Q p a U r' � m Q I I o W 0 N a N z MTVAT noa VISTA xxva m N _ w ` �zz V s U�� l 1 d + m v' � o w = 0 Lu C7 + V) d E� � W h 1♦ I _ =w c�w c F- U F W S Q o +� wLLJ I- m z C� LLI I- to - W CD V) Lich to '7 - LL)JZ O W WI- -J LD 0-- til 0 c m Z Ln W p D -J CL L O to L'i 2 O p O W O Lo F- tL to O -2:mo :2CC X O Z = o n Li 0- J z �� U City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/17/2004 DATE: Tuesday, February 17, 2004 LOG NAME: 20HERITAGE TRAC REFERENCE NO.: C-19969 SUBJECT: Community Facilities Agreement with Hillwood Alliance Residential, LP; Standard Pacific of Texas, LP; Tousa Homes, Inc.; Morrison Homes of Texas, Inc.; and Continental Homes of Texas, LP for Heritage Trace Parkway from Park Vista Boulevard to Approximately 1,645 Feet West of North Beach Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement (CFA) with Hillwood Alliance Residential, L.P., Standard Pacific of Texas, L.P., Tousa Homes, Inc., Morrison Homes of Texas, Inc., and Continental Homes of Texas, L.P. for the installation of community facilities for Heritage Trace Parkway from Park Vista Boulevard to approximately 1,645 feet west of North Beach (Station 69+00 to Station 144+59). DISCUSSION: This project was included in the list of eighty-three projects submitted to the City of Fort Worth prior to the moratorium on City participation in new development projects approved by the City Council on July 29, 2003. On April 22, 2003 (M&C G-13956), the City Council approved funds in the amount of $3.28 million to be moved from the Special Assessments Fund to supplement the 1998 Capital Improvement Program new development funds. Hillwood Alliance Residential, L.P., Standard Pacific of Texas, L.P., Tousa Homes, Inc., Morrison Homes of Texas, Inc., and Continental Homes of Texas, L.P., developers have executed a proposed contract for roadway improvements for Heritage Trace Parkway located in northeast Fort Worth, east of IH-35W, and south of Golden Triangle Boulevard (maps attached). Heritage Trace Parkway will be constructed as a double 27-foot roadway from Station 69+00 past Station 85+54 (North Beach Street) within a 130 foot right-of-way. The south half of Heritage Trace Parkway from this point to Park Vista Boulevard will be constructed as a single 27-foot wide roadway within a 130 foot right-of-way. The north half of Heritage Trace Parkway has not been platted. The developer is responsible for the first 27 feet of paving. The City will reimburse the developer for additional widths over 27 feet, including median openings and left turn lanes. This Community Facilities Agreement is in compliance with standard City policy. The estimated cost of the community facilities is as follows and subject to the actual bid price. Logname: 20HERITAGE TRAC Pav-e 1 of 2 ESTIMATED COST DEVELOPER CITY TOTAL Street Improvements Construction $1,119,459 $ 211,407 $1,330,866 Design Engineering $ 12,684 $ 12,684 Engineering &Adminstration $ 22,389 (*) $ 22,389 Storm Drain Improvements Construction $ 409,675 $114,893 $ 524,568 Design Engineering $ 6,894 $ 6,894 Engineering &Administration $ 8,194 (*) $ 8,194 Street Lights $ 26,600 $ 57,000 $ 83,600 Street Name Signs $ 300 $ 300 TOTAL $1,586,317 $403,178 $1,989,495 (') The City's portion of construction inspection fees are calculated based on actual street and storm drain construction costs over the 2% paid by developer, as per the CFA policy, and are not included in this Mayor and Council Communication. Final Plat FP-002-078 was approved on June 26, 2002, and Final Plat FP-002-126 was approved October 2, 2002. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C115 541200 020115136404 $326,300.00 C115 531200 020115136404 $19.578.00 C115 541200 020115136801 $57,000.00 C115 541200 020115136802 $300.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Raquel Velasquez (7905) Logname: 20HERITAGE TRAC Page 2 of 2