HomeMy WebLinkAboutContract 32218 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 3 a,�
WHEREAS, Continental Homes of Texas, L.P., hereinafter called "Developer",
desires to make certain improvements to Trinity at Heritage, Park Vista Boulevard,
Phase 2, 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 CHTEX of Texas, Inc. its
duly authorized General Partner, and Don E. Allen, its Assistant Secretary, 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.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance withara ra h 8, Section II, of the 1`
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Trinity at Heritage Park Vista TPW CFA (3) '�`
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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 p _
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Trinity at Heritage Park Vista TPW CFA (3) �?.
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Water None; Sewer None; Paving (A) attached; Storm Drain None; Street
Lights and Signs (B) attached.
I1. 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 A & B.
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, and street name signs as shown on the attached Exhibits A
& B. The estimated total cost of current improvements and related support
services specified in this agreement, including design, construction and
inspection is estimated to $ 133,638.31.
Item Developer C� Total
Cost Cost Cost
A. Construction
1. Streets $ 122,638.31 $ $ 122,638.31
2. Storm Drainage $ $ $
3. Street Lights $ 11,000.00 $ $ 11,000.00
4. Street Name Signs $ $ $
B. Engineering Design $ $ $
C. Construction Engineering and
Management by DOE (4%) $ $
$ 133,638.31 $ $ 133,638.31
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 (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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Trinity at Heritage Park Vista TPW CFA.doc
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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, and said Develoer
has executed this instrument in triplicate, at Fort Worth,Texas this the j-hay of*0'4—
, 200y# ,
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
NO M&C REQUIRED
ATTEST: City Of Fort Worth
By: i
Mox-+,� Marc Ott
City Secretary Assistant City Manager
Appro ed as to Fpr
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As is, nt y Attorney
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ATTEST: DEVELOPER
Continental Homes of Texas, L.P.
By: CHTEX of Texas, Inc.
Its General Partner
By:
Corporate Secretary on E. Allen, Assistant Secretary
' RECEIVED
Trinity at Heritage Park Vista TPW CFA (2)
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ENGINEER'S OPINION OF PROBABLE COST
Date: 9/10/2004 Project: Trinity at Heritage Client: Continental Homes
Park Vista Boulevard, Phase 2
Job No: 10111 Location: Fort Worth, Texas Page: 1 of 2
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
Paving Facilities
Continental Homes Improvements b V-°"7
(Includes Left Turn Lane)
1. 7" Concrete Pavement S.Y. 2,917 $25.00 $72,925.00
2. 6" Lime Stabilized Subgrade S.Y. 3,154 $2.25 $7,096.73
3. Lime (27 lbs/SY) Ton 42.6 $105.00 $4,471.95
4. Type III Sidewalk Ramp Ea. 2 $650.00 $1,300.00
5. Connect to Existing Street Header L.F. 44 $20.00 $880.00
6. Remove Temporary Asphalt Connection S.Y. 679 $10.00 $6,787.70
7. Sawcut & Connect to Ex. Street L.F. 236 $30.00 $7,080.00
8. End of Road Barricades Ea. 1 $450.00 $450.00
9. Pavement Markings L.S. 1 $2,000.00 $2,000.00
10. 4' Concrete Sidewalk L.F. 607 $14.00 $8,498.00
10% Contingency $11,148.94
Park Vista Boulevard Paving Total $122,638.31
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design_ In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
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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 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 0 EA $ 2, 500 $0, 000 . 00
MID-BLOCK ARTERIAL MEDIAN 4 EA $ 2, 500 $10, 000 .00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 .00
Subtotal $10,000.00
City' s Cost $00, 000 . 00
Developer's Subtotal $10,000.00
10% Contingencies $1 ,000.00
Project Total $11,000. 00
Adjacent Developer's Cost $0,000.00
Developer's Cost $11,000.00
2% Inspection Fee $0,00 .00
CFA CODE #2004045
DEVELOPER' S COST: $11 ,000 .00
J.-TRINITY AT HERITAGE (PARK VISTA BLVD)
September 1, 2004
Fort Worth, Texas
September 7 , 2004
PAGE I OF Exhibit C
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 it' s design efforts.
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 street light installation is detailed on
page 1 of exhibit C and is summarized below, the street lights will
remain the property of, and will be maintained by the City of Fort
Worth.
DEVELOPER'S COST: $11,000.00
TRINITY AT HERITAGE (PARK VISTA BLVD)
September 1, 2004
FORT WORTH, TEXAS
CFA CODE #2004045
Page II of Exhibit C
- 3i:
III.
"STREETLIGHTS"
MID - BLOCK ATERRIAL
PARK VISTA BLVD 4 (DOUBLE ,ARMS)
TRINITY AT HERITAGE (PARK VISTA BLVD)
Page III of Exhibit C ��1� � c�
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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 zero (0) intersections at a cost
to the Developer of $0.00:
(No new street name signs, this is half of a divided roadway
that's already existing).
Trinity at Heritage, Phase 2
CFA code: 2004045 August 31, 2004
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