HomeMy WebLinkAboutContract 31558 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No l qf�
WHEREAS, Newmark Homes, L.P., by TOUSA Homes, Inc., it's General
Partner, and Morrison Homes of Texas, Inc., hereinafter called "Developer", desires to
make certain improvements to Villages at Sunset Point Addition, 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 Developers, acting herein by and through Richard Alberque, its duly
authorized Vice President, and John Mann, its duly authorized Division President,
respectively, 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
b, Section 1I, 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 Polinv
03-23-05P11 -VIJ
r
CFA VILLAGES OF SUNSET POINT
Y�.7
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph S, 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.
EM
CFA VILLAGES OF SUNSET POINT 2
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 (13-
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, B1, 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, 131,
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 $1,183,703.66.
Item Developer City Cost Total Cost
A. Construction
1. Streets $ 838,621.86 $ - $ 838,621.86
2. Storm Drainage $ 247,823.80 $ - $ 247,823.80
3. Street Lights $ 52,800.00 $ - $ 52,800.00
4. Street Name Signs $ 1,000.00 $ - $ 1,000.00
B. Engineering Design $ - $ - $ -
C. Construction Engineering
and Management by DOE 4% $ 43,458.00 $ 43,458.00
TOTALS $ 1,183,703.66 $ - $ 1,183,703.66
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
The developer is responsible for installation of sidewalk. The sidewalk cost is
included under the street cost.
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.
CFA VILLAGES OF SUNSET POINT 3 �'iy � ��
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, and said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the2!0AIday of63fl
5200/
1
Approval Recommended:
Attested By: Transportation and Public Works
Department
Ar\vr
Dlarty Hendri c'S
City Secretary Ro ert Goode, P. E.
Director
City Of Fort Worth
NO M&C REQUIRED
By:
Marc Vtt
Assistlint City Manager
Appr ved as to Form:
Assistant ity Attorney
DEVELOPERS:
Newmark Homes, L.P.
ATTEST: By: TOUSA Homes, it's General
Partner
By:
Corporate Secretary
a,c,4�,e Ufcc Prtsidt
MWones Texas, Inc.
BAile
doh"
CFA VILLAGES OF SUNSET POINT 4 CIT E-JMWIF
U
��r-r--
11 I FUTWE TI�TT -
I
LOT /. BLOCK H --�-L
I ZOAED1 C
1 B` K KL-j
,
TT -
I
2x
Qi
c a�► w ~
AKIN / � e v �mb
ki
m
_ o
i
M
v
w
0 FUME
O ' ��� nEWao ,rxn PARK FunAgE1"= 300'
N I
i
1 6.0¢4 ACRES AE7GfB0Rkt D PARK
N 8.0E4 ACRES
O
I
N
N
O VILLAGES OF SUNSET rM7UT
� W
O
-AYIA WIER It ASSOCIATE R.
' 4
FUTURE TFT TT1 TF]
LOT /, BLOCK H _ I � °°K ,✓�
ZONED+° C
STORM DRAMLW -
I ,D,
TTT-r-F7r-Tr-r
9L OAC K-✓
I
-T7-u�-f�fi-�� � -
1 9 L p C K-K -
' -�
O
STORM DRAIN
O ° FLUME
FLUTE
o I�I
I
FUTURE
cO I JI�I I NEIGHBORHOOD PARK 1~= 300'
c1 /�, -1 8.024 ACRES
O
I
N
ol VILLAGES OF SUNSIM MUM ,STORM DRAIN "EXHIT "j -
���� WIER & ASSOCIATIftwo
I
I' LOT /. BLOCK H rT—r TTI K'T77 I ——
1 1 ZOAED r,,C --
lll -- _
_I I - -
T77 FTT7—f7 T
II
---FT-7-77-7T
co
f
o � e scFaoc sirE
4
L Q� CD N
o
T
WcK
1Tl- --
1 II
IC
v
til Y�'�Ag$
� SII
a '4
I I
D II I
Fi nW 1"= 300'
S I BAE]Gf60Y�"PAW
.024 ACRESO
1
N
O VILLAGES OF SUNSET PO.STREET LIGHTS AND SIGN37"EMBIT C_-
N
I IVA VIA WIER & ASSOCIATE"C.
VOWWIER&ASSOCIATES, INC.
1
ENGINEER'S OPINION OF PROBABLE DEVELOPMENT COST
DATE:15-Dec-03
CLIENT: Engle/Newmark Homes
ROJECT: Villages of Sunset Pointe Phase 1 -Construction Costs W&A JOB NO: 03-023
Costs are based on Actual Bid Prices
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
PAVING
1 6"3000 PSI REINF.CONC.PVMT.W/7"STAND.CURBS SY 22,486 $16.30 $366,521.80
2 8"3000 PSI REINF.CONC.PVMT.W/7"STAND.CURBS SY 11,553 $20.07 $231,868.71
3 6"LIME STABILIZED SUBGRA_DE SY 24,774 $1.35 $33,444.90
4 8"LIME STABILIZED SUBGRA_DE _ SY 12,915 $1.35 $17,435.25
5 6"ASPHALT INCL.LIME STABILIZED SUBGRADE SY 750 $30.00 $22,500.00
6 HYDRATED LIME @ 36#/SY TON 615 $85.00 $52,275.00
7 4"3000 PSI 4'EDGE-TO-EDGE SIDEWALK SY 1,206 $23.85 $28,763.10
8 STREET HEADER LF 166 $9.00 $1,404.00
9 SAWCUT&REM.EXIST.PVMT.,INSTALL BUTT JOINT LF 1,120 $6.00 $6,720.00
10 BARRIER FREE RAMPS EA 26 $575.00 $14,950.00
11 TRAFFIC SIGNAGE EA 2 $145.00 $290.00
12iADJUST SAN.SEWER MANHOLES EA 21 $95.00 $1,995.00
13 STREET BARRICADES LF 156 $35.00 $5,460.00
14 TYPE II-AA-4 TRAFFIC BUTTONS EA 527 $2.95 $1,554.65
15 TYPE II-CR-4 TRAFFIC BUTTONS EA 173 $2.95 $510.35
16 TYPE Y-4 TRAFFIC BUTTONS EA 767 $2.20 $1,687.40
17 TYPE W-4 TRAFFIC BUTTONS EA 686 $2.20 $1,509.20
18 18"THERMO STOP BAR EA 5 $220.00 $1,100.00
19 NON-PROTECTED CROSSWALK EA 6 $525.00 $3,150.00
20 PROTECTED CROSSWALK EA 4 $710.00 $2,840.00
21 THERMO LEFT-TURN LANE EA 11 $85.00 $935.00
22 THERMO RIGHT-TURN LANE EA 3 $85.00 $255.00
23 10'X 8' YELLOW THERMO STRIPES EA 12 $25.00 $300.00
24 TRAFFIC CONTROL DURING PAVING OPERATIONS LS 1 $1,500.00 $1,500.00
25 STREET LIGHTS INCLUDING POLE BASES EA 16 $685.00 $10,960.00
261 STREET LIGHTS INCLUDING PULLBOXES LF 526 $6.25 $3,287.50
271MOBILIZATION LS 1 $15,000.00 $15,000.00
271 PAYMENT&PERFORMANCE BOND LS 1 $10,405.00 $10,405.00
$838,621.86
i
ITEM DESCRIPTION UNIT QUANTITY
STORM DRAINAGE -
1 21"RCP WIEMB. LF 116 $37.50 $4,350.00
2 24"RCP W/EMB. LF 18 $42.701 $768.60
3 36"RCP W/EMB. LF 566 $69.70 $39,450.20
4 42"RCP WIEMB. LF 162 $91.70 $14,855.40
5�MULT.BOX CULV.(4)10'X7'&(1)10'X8'RCB W/EMB. LF 62 $1,590.00 $98,580.00
6 36"TYPE CW-FW-0 HEADWALL EA 1 $2,300.00 $2,300.00
7142"TYPE CW-FW-0 HEADWALL _ EA 1 $2,500.00 $2,500.00
8 MULT.BOX CULV. TYPE FW-O HEADWALL EA 1 $37,000.00 $37,00_0.00
9 W X 4'JUNCTION BOX EA 1 $2,400.001 $2,400.00
10!5'X 5'JUNCTION BOX EA 1 $2,700.00 $2,700.00
1114'X 4'DROP INLET EA 1 $2,400.00 $2,400.00
12110'CURB INLET EA 6 $2,000.00 $12,000.00
1_320'RECESSED CURB INLET EA 1 $3,800.00' $3,800.00
14 TRAPEZOIDAL CONCRETE FLUME EA 2 $2,300.00 $4,600.00
15REMOVE&DISPOSE EXIST.MULT.BOX&HEADWALL EA 1 $200.00 $200.00
16 CONCRETE RIP-RAP SY 425 $46.00 $19,550.00
17 TRENCH SAFETY LF 924 $0,40 $369.60
$247,823.80
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
WATER
1 6"PVC W/EMBEDMENT LF 130 $11.80 $1,534.00
2 8"PVC W/EMBE:DMENT LF 3,673 $13.40 $49,218.20
3110"PVC W/EMBEDMENT LF 456 $17.80 $8,116.80
4 12"PVC W/EMBEDMENT LF 3,428 $22.601 $77,472.80
5 TRENCH SAFETY LF 7,689 $0.10 $768.90
6 6"GATE VALVE _ EA 13 $500.00 $6,500.0_0
7 8"GATE VALVE _ EA 8 $670.00 $5,360.00
8 10"GATE VALVE EA 4 $1,000.00 $4,000.00
9 12"GATE VALVE EA 9 $1,200.00 $10,800.00
10 FIRE HYDRANT EA 13 $1,401.00 $18,213.00
11 10"X 16"TS&VALVE EA 1 $4,500.00 $4,500.00
12'12"X 16"TS&VALVE EA 1 $5,400.00 $5,400.00
13 CAST IRON FITTINGS TON 7.5 $2,800.00 $21,000.00
14 21"STEEL ENCASEMENT PIPE LF 48 $80.00 $3,840.00
15;IRRIGATION SERVICES _ EA 0 $0.00 $0.00
16 1"SERVICES EA 1_87 $330,00 $61,710.00
17 TESTING LS 1 $0.00 INCL.
$278,433.70
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
SANITARY SEWER
118"PVC W/EMBEDMENT(0'-8) LF 833 $19.70 $16,410.10
28"PVC W/EMBEDMENT(8'-101 LF 2,015 $19.60 $39,494.00
318-PVC(SDR-26)W/EMBEDMENT(8'-101 __ LF 25 $21.00 $525.00
4 8"PVC W/EMBEDMENT(10'-12) LF 2,085 $20.00 $41,700.00
5 8"PVC(SDR-26)W/EMBEDMENT(10'-12) LF 11_6 $21.00 $2,436.00
6 8"PVC W/EMBEDMENT(12'-14') LF 30 $22.00 $660.00
7 8"PVC W/EMBEDMENT 14'-16) LF 241 _ $22.00 $5,302.00
8 8"PVC(SDR-26)W/EMBEDMENT 14'-16' LF 28 _ $25.00 $700.00
9 4'DIAMETER MANHOLE(0'-8') EA 14 $1,540.00 $21,560.00
10 4'DIAMETER DROP MANHOLE 0'-8') EA 2 $2,400.001 $4,800.00
11 4'DIA.MANHOLE OVER EXIST.SEWER((Y-8') EA 1 $1,760.00 $1,760.00
12 4'DIA.DROP MANHOLE OVER EXIST.SEWER(0'-8) EA 1 $2,840.00 $2,840.00
13 EXTRA DEPTH-4'MANHOLE(OVER 8) VF 22 $100.00 $2,200.00
14 4"SEWER LATERAL SERVICE EA 187 $350.00 $65,450.00
15 CLAY DAM ON 8"PVC EA 2 $200.00 $400.00
16 CONCRETE SLAB BACKFILL LF 172 $0.00 $0.00
17 TRENCH SAFETY LF 5,373 $1.00 $5,373.00
18 TESTING INCLUDING T.V. LS 0 $0.00 INCL.
$211,610.10
Grand Total Construction Costs $1,576,489.46
III. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 8 EA $ 2, 000 $16, 000 . 00
MID-BLOCK RESIDENTIAL 12 EA $ 2, 000 $24 , 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2, 000 $8, 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 0 EA $ 2, 500 $0, 000 .00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0 , 000 . 00
Subtotal $48, 000.00
City' s Cost $00, 000 . 00
Developer' s Subtotal $48, 000. 00
10% Contingencies $4, 800.00
Project Total $52, 800 .00
Adjacent Developer's Cost $0, 000 .00
Developer' s Cost $52, 800. 00
2% Inspection Fee $0, 00 . 00
DEVELOPER'S COST: $52, 800 .00
VILLAGES OF SUNSET POINTE, PHASE I
January 8, 2004
Fort Worth, Texas
January 13, 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: $52,800.00
VILLAGES OF SUNSET POINTE, PHASE I
FORT WORTH, TEXAS
January 8, 2004
Page 2 of Exhibit C
"STREET LIGHTS"
INTERSECTIONS
SUMMER CREEK RD & WILDFLOWER WAY 1
SUMMER CREEK RD & LEAFTY TRL 1
WILDFLOWER WAY & BRANCH HOLLOW TRL 1
WILDFLOWER WAY & CEDAR LAKE LN 1
BIG SPRUCE LN & SEAWOOD DR 1
CEDAR LAKE LN & SEAWOOD DR 1
OLD ORCHARD DR & CEDAR LAKE LN 1
LEAFTY TRL & BRANCH HOLLOW TRL 1
MID - BLOCK
BRANCH HOLLOW TRL 2
CEDART LAKE LN 3
BIG SPRUCE LN 2
OLD ORCHARD DR 3
SEAWOOD DR 2
CHANGE OF DIRECTIONS
OLD ORCHARD DR 4
VILLAGES OF SUNSET POINTE, PHASE I
Page 3 of Exhibit C
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 ten (10) intersections (that
require street name signs) at a cost to the Developer of $1, 000.00 :
Summer Creek Rd & Leafy Tr
Summer Creek Rd & Wildflower Way
Branch Hollow Tr & Wildflower Way
Branch Hollow Tr & Leafy Tr
Branch Hollow Tr & Old Orchard Dr
Cedar Lake Lane & Seawood Dr
Cedar Lake Lane & Wildflower Way
Cedar Lake Lane & Old Orchard Dr
Big Spruce Lane & Seawood Dr
Big Spruce Lane & Old Orchard Dr
Villages of Sunset Point Ph. 1
CFA code : 2003157 Date : January 2, 2004
IV-1