Loading...
HomeMy WebLinkAboutContract 32311 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary r �rI COUNTY OF TARRANT § Contract NoAKCAI WHEREAS, Continental Homes of Texas, L.P., hereinafter called "Developer", desires to make certain improvements to Trinity at Heritage, 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 with paragraph 8, Section II, of the qae 1 Trinity at Heritage, Phase 2 TPW CFA (2) 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 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 part hereof: Trinity at Heritage, Phase 2 TPW CFA (2) 2 K Water None; Sewer None; Paving (A) attached; Storm Drain (B) 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 A, B, 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 A, B, 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 S 755,868.14. Item Developer city Total Cost Cost Cost A. Construction 1. Streets $ 470,556.20 $ $ 470,556.20 2. Storm Drainage $ 194,124.70 $ $ 194,124.70 3. Street Lights $ 63,800.00 $ $ 63,800.00 4. Street Name Signs $ 800.00 $ $ 800.00 B. Engineering Design $ $ $ C. Construction Engineering and Management by DOE (4%) $ 26,587.24 $ 26,587.24 $ 755,868.14 $ $ 755,868.14 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the 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. Trinity at Heritage, Phase 2 TPW CFA (2) 3 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, apd said Developer ti has executed this instrument in triplicate, at Fort Worth,Texas this the �ay of 52004. Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. NO M&C; REQUIRED Director ATTEST: City Of Fort orth f*"Y \ By: m644 L� 4t Pdry k Marc Ott City Secretary Assistant City Manager Approve s to Form: r G i A sstant ' 4torney i ATTEST: DEVELOPER Continental Homes of Texas, L.P. By: CHTEX of Texas, Inc. Its General Partner 2"r By: _ / Corporate Secretary D n E. Allen, Assistant Secretary RECEIV Trinity at Heritage, Phase 2 TPW CFA (2) 4 nI1 "`�;;'^' ENGINEER'S OPINION OF PROBABLE COST Date: 9/10/2004 Project: Trinity at Heritage Client: Continental Homes Phase 2 Job No: 10111 Location: Fort Worth, Texas Page: 1 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Paving Facilities 1. 6" Concrete Pavement S.Y. 16,404 $20.25 $332,185.05 2. 6" Lime Treated Subgrade S.Y. 17,477 $1.95 $34,080.93 (Processing Only) 3. Lime (30 lbs/SY) Ton 262 `.$80.00- • $20,972.88 4. Barrier Free Ramps Ea. 15 $650.00 $9,750.00 5. Connect to Existing Header L.F. 87 $10.00 $870.00 6. Temporary Asphalt Connection S.Y. 260 $30.00 $7,800.00 7. Sawcut & Remove Ex. Pavement L.F. 69 $17.50 $1,207.50 8. 4' Concrete Sidewalk L.F. 873 $14.00 $12,222.00 9. End of Road Barricades Ea. 2 $450.00 $900.00 10. Street Headers L.F. 58 $5.00 $290.00 11. Traffic Control L.S. 1 $7,500.00 $7,500.00 10% Contingency $42,777.84 Paving Subtotal $470,556.20 Home Builder Sidewalks 1. 4' Concrete Sidewalk L.F. 8,293 $14.00 $116,102.00 10% Contingency $11,610.20 Subtotal $127,712.20 * To Be Bonded Seperately 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. ENGINEER'S OPINION OF PROBABLE COST Date: 9/10/2004 Project: Trinity at Heritage Client: Continental Homes Phase 2 Job No: 10111 Location: Fort Worth, Texas Page: 2 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Storm Drain Facilities 1. 10' Curb Inlets Ea. 11 $2,250.00 $24,750.00 2. 4' Square Storm Sewer M.H. Ea. 3 $2,500.00 $7,500.00 3. 21" R.C.P. L.F. 165 $34.00 $5,610.00 4. 24" R.C.P. L.F. 674 $39.00 $26,286.00 5. 30" R.C.P. L.F. 202 $52.00 $10,504.00 6. 39" R.C.P. L.F. 72 $69.00 $4,968.00 7. 48" R.C.P. L.F. 110 $110.00 $12,100.00 8. Tx 4' R.C.B. L.F. 111 $325.00 $36,075.00 9. 24" Sloped End Headwall Ea. 3 $1,600.00 $4,800.00 10. 30" Sloped End Headwall Ea. 1 $2,200.00 $2,200.00 11. 48" Sloped End Headwall Ea. 2 $3,900.00 $7,800.00 12. Tx 4' Type "B" Headwall Ea. 2 $7,800.00 $15,600.00 13. Remove Existing 39" Sloped End L.S. 1 $2,500.00 $2,500.00 Headwall & Connect to 39" R.C.P. 14. Gabbion Mattress S.Y. 170 $85.00 $14,450.00 15. Trench Safety L.F. 1,334 $1.00 $1,334.00 10% Contingency $17,647.70 Storm Sewer Subtotal $194,124.70 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. - "— ENGINEER'S OPINION OF PROBABLE COST Date: 9/10/2004 Project: Trinity at Heritage Client: Continental Homes Phase 2 Job No: 10111 Location: Fort Worth, Texas Page: 3 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Street Light Facilities 1. Intersections Ea. 10 $2,000.00 $20,000.00 2. Mid-Block Residential Ea. 11 $2,000.00 $22,000.00 3. Change of Direction Residential Ea. 3 $2,000.00 $6,000.00 4. Mid-Block Arterial Median Ea. 4 $2,500.00 $10,000.00 10% Contingency $5,800.00 Street Light Subtotal $63,800.00 Misceallous Fees 1. Street Signs Ea. 8 $100.00 $800.00 2. Inspection Fee L.S. 1 $26,587.24 $26,587.24 Misceallous Subtotal $27,387.24 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. t _ I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 10 EA $ 2, 000 $20, 000 . 00 MID-BLOCK RESIDENTIAL 11 EA $ 2, 000 $22, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 2, 000 $6, 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 $58, 000 .00 City' s Cost $00, 000 .00 Developer' s Subtotal $58, 000 .00 10% Contingencies $5, 800 .00 Project Total $63, 800 .00 Adjacent Developer' s Cost $0, 000. 00 Developer' s Cost $63, 800.00 2% Inspection Fee $0, 00. 00 DEVELOPER' S COST: $63, 800.00 TRINITY AT HERITAGE, PHASE II April 26, 2004 Fort Worth, Texas April 28, 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: $63,800.00 TRINITY AT HERITAGE, PHASE II April 26, 2004 FORT WORTH, TEXAS Page II of Exhibit C III. "STREET LIGHTS" INTERSECTIONS PARK VISTA BLVD & NEWELL ST 1 PARK VISTA BLVD & GARBER LN 1 MANANA ST & NEWELL ST 1 MANANA ST & GARBER LN 1 ASKEW ST & GARBER LN 1 ASKEW ST & NEWELL ST 1 ODBUM DR & GARBER LN 1 ODBUM DR & ODBUM CT 1 ODBUM DR & BACON DR 1 ODBUM DR & STEAGALL CT 1 MID-BLOCK STEAGALL CT 1 ODBUM DR 1 MANANA ST 2 ASKEW ST 2 NEWELL ST 1 GARBER LN 2 BACON DR 1 ODBUM CT 1 CHANGE OF DIRECTIONS STEAGALL CT 1 ODBUM CT 1 GARBER LN 1 MID-BLOCK ARTERIAL MEDIAN PARK VISTA BLVD 4 (DOUBLE ARMS) TRINITY AT HERITAGE, PHASE II Page III of Exhibit C ,`yr�y Pt, M 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 eight (8) intersections at a cost to the Developer of $800 . 00 : Park Vista Blvd & Garber Lane Manana St & Garber Lane Askew St & Garber Lane Odeum Dr & Garber Lane Haas Dr & Garber Lane Odeum Dr & Odeum Ct Odeum Dr & Bacon Dr Odeum Dr & Steagall Ct Note: Past phase, street name signs were done by private cantractor; Identitec, City provided sign faces at $85 .00 per location. Trinity at Heritage, Phase 2 CFA code: 2004045 Date : April 21, 2004 N 4 PHASE m PHASE 18 PR LOCA ON ..t a i r Q C VICINITY MAP N.T& TRANSPORTATION & PUBLEC WORKS DEPARTMENT TRHNHTY ATTE --) HTAGE9 PIEEiASE 2 00 LOCATEDENa C=Y (OF FORT V V ORTH9 =XAS ° OWNEDIDEVE OPID BY: Q CONTINENTAL HOS OF TEXAS,1L.P. L` 4500 M=mtile Plaza Dr#104 U I Pt.Wath Tx 76137 N (682)647-3313 L GENERAL PARTNER: PREPARED BY: OII-IITEX OF TEXAS,INC. 0 4500 Mercantile Plaza Dr#104 G 00®Vn�+�N 9❑y Ft.Wath Tx 76137 MARSHALL 9 o (682)647-3313 CNN ENUINEERS-PLANNERS-SURVEYORS a ASSISTANT SECRETARY: 2406 MuaWq DrW.aMo.,*r,Ta IN61 ®ORT E.ALLEN Metro(8t')3294373 NJ.lLd=M3.LLdR, 2W4 W 0 N 0 ^ � N O � d a' N i Z Cf) o m a O o O CC� L U Q- N � 0 C ol O a i c i - d Z P • r _ : Q QO QLLJ Z _ m p QE z 00 CL N C� 3 N O y� W - -- - U W W- cr J a a C a v 0 m O Lo 0 W Z (!1 M o en ¢ Q U Q- 0 o Q e m ,r2 �1 PQ P 1- a f S • / a �I a e ` a � t j e e z ■y e 1 t & 1— \f N N R Z W J -� a z a . .. .. .._.... � a o C[� o 0 0 0 N N zo No w E z N a t a J c X tr Q- w d 0 N 0 t O ^ N a d o N 0 w o U y. O z U) 0 ¢ 7' N WW g LL- I N O a V CPC4', a I R i i -i , / \ R '/' /• R � R R - I R R I I obi R - R - R G R f xLJ CL F4 0 I Lli " • cr l� a - ax ❑ E N 3 Z w U Q0 C) U a !LI o J ♦- d d