HomeMy WebLinkAboutContract 31371 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. '�&7/
WHEREAS, Newmark Homes, L.P., by: Tousa Homes, Inc.,it's General
Partner, hereinafter called "Developer", desires to make certain improvements to
Villages at Sunset Pointe, Amenities Center, 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 ;c ka iA 41 b e ti ca LA e , its
duly authorized F-,.ecA,,- We! J;LL 0i e5Ac if 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 _ :
administered in conformance with paragraph 8, Section II, of the Pbfiq.
x'_17-0 PC4 : ?9 RC
CFA VILLAGES OF SUNSET POINT ame>dties center 110504.doc _
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:
CFA VILLAGES OF SUNSET POINT ameilties center I I0504.doc
Water (A) Attached; Sewer (A-1) Attached; Paving (B) attached; Storm
Drain (B-1) None; Street Lights and Signs (C)None.
Il. 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, A-1, and 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, 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 $18,413.80.
Item Developer City Cost Total Cost
A. Construction
1. Streets $ 17,704.80 $ - $ 17,704.80
2. Storm Drainage $ - $ - $ -
3. Street Lights $ $ - $ -
4. Street Name Signs $ $ - $ -
B. Engineering Design $ - $ - $
C. Construction Engineering
and Management by DOE 4% $ 709.00 $ 709.00
TOTALS $ 18,413.80 $ - $ 18,413.80
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
The developer is responsible for installation of sidewalk. Cost for sidewalks is
included under the street cost. 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.
CFA VILLAGES OF SUNSET POINT ameiities center 110504.doc
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, aqd said Developer
has executed this instrument in triplicate, at Fort Worth,Texas this the f day of �
72004.
Approval Recommended:
LL� Transportation and Public Works
Cuntract- AuthorDepartment
Date
Robert (ko(*, P. E.
Director
ATTEST: City Of Fort Worth
B j
V�--n _ 4 Marc Ott
City Secretary Assistant City Manager
App v d as to Fo
Assistant itylAtto y
ATTEST: DEVELOPER
Newmark Homes, L.P.
By; Tousa Homes, it's General
Partner
By:
Corporate Secretary
EXecuc e- iJ i ce
CFA VILLAGES OF SUNSET POINT ame4ties center 110504.doc
9722481577 NEfWMARK HOME 336 P07 NCU 18 '04 15:52
OF-FICS PHONE GILCO CONTRACTING, INC , FAX NUMBER:
(817) 735-1600 4200 S. HULEN ST., SUITE 513 (817) 735-1613
FORT WORTH, TEXAS 76109
PROPOSAL
PROJECT; AMENITY CENTER
OWNER: NEWMARK HOMES, L.P.
BID DATE: November 18, 20CA __
ITEM NO DESCRIPTION UNIT QUANTITYUNIT PRICE TOTAL BID _
1 UNCLASSIFIED EXCAVATION CY 550 $1,60 $880.00
2 COMPACTED SACKFILL CY 100 $5.50 _ $65000
3 HYDRATED LIME (28#/SY) TON6 $8700 $43500
4 6" HYDRATED LIME STABILIZED SUBGRAD SY 359 $1.60 $574.40
5 6" 3000 PSI CONCRETE PAVEMENT W/7" SY 336 $21.40 $7,19040
CURBS
_6 4' WIDE 51DEWAL KS SY 126 $25.00 $3,150.00
7 HYDRO MULCH PARKWAYS AC 0.05 $4,500.00 $225.00
8 TRAPEZOIDAL CONCRETE FLUME EA 1 $2,300.00 $2,300.00
4 REMOVE EXISTING FLUME r EA 1 $500.00 $500.00
1D INS ALL 18"-24" ROCK RIP RAP SY 30 $50.00 $1,500 00
11TEMPORAR TRAFFIC CONTROL LS 1 $150,00 $150.00
12 EROSION CONTROU/POLt UTION PREVENTION LS 1 $250.00
PAVING TOTAL,AMEN E TER $17,704.80
QUALIFICATIONS AND/OR EXCLUSIONS:
1. GILCO DOES NOT INCLUDE BONDS, STAKINGILAYOUT, TESTING, AGC DUES, PERMIT FEES,
INSPECTION FEES, SEEDING, SODDING. SILT FF.NCE, PAVEMENT MARKING5, ELECTRICAL
OR IRRIGATION CONDUITS, OR SIGNS
2. CILCO DOES NOT INCLUDE SALES TAXES ON MATERIALS INCORPORATED INTO THIS PROJECT.
3 GILCO WILI ACCEPT SUBGRADE AT PLUS OR MINUS ONE TEN'T'H OF A FOOT WITH RESPEUT
TO PLAN GRADES.
4. GILCO DOES NOT INCLUDE CLEAN UP OF PARKWAYS, ETC AFTER FRANCHISE UTILITY COMPANIES,
5. THIS PROPOSAL SHALL REMAIN GOOD FOR 15 DAYS,
6 GILCO WILL SUBMIT MONTHLY PAY APPLICATIONS FOR WORK COMPLFTE TI'IROUGH THE
END OF THE MONTH, PAYMENT SHALL 9E DUE ON THE 10TH OF THE FOLLOWING MONTH,
Page 1 of 2
9722481577 NEWMPRK HOME 336 P68 NOU 12 '04 15:52
OFFICE PHONE GILCO CONTRACTING , INC . FAX NUMBER
(817) 735-1600 4200 S. HULEN ST., SUITE 513 (817) 736-1613
FORT WORTH. TEXAS 76109
PROPOSAL
PROJECT- AMENITY CENTER
OWNER: NEWMARK HOMES, L.P.
BID DATE; November 18, 2004
ITEM NO f7ESCRIPTION UNIT QUANTf UNIT PRICE TOTAI BID
QUALIFICATIONS ANC/OR EXCLUSIONS: (CONTINUED)
7 GILCO RESERVES THE RIGHT TO APPROVE OWNER CREDIT PRIOR TO EXECUTING AN AGREEMENT,
A IT IS THE INTENT OF THIS AGREEMENT THAT ALL MONIES DUE GILCO, INCLUDING FINAL RETAINAGE
WILL BE PAID WITHIN 30 DAYS OF CITY ACCEPTANCE OF THE PROJECT. ANY STOPPAGE OF WORK
MORE THAN 30 DAYS NOT DIRECTLY ATTRIBUTABLE TO GILCO WILL BE CAUSE FOR IMMEDIA rE
PAYMENT OF ALL RETAINAGE AND ANY OTHER AMOUNTS WHICH ARE OWED Al THAT TIME.
9. GILCO INCLUDES THE TEMPORARY BARRICADING NECESSARY TO COMPLETE ITS WORK ANY
ADDITIONAL BARRICADING COST NOT DIRECTLY RELATED TO GILCO WILL BE PAID BY OWNER
10. GILCO'S BID IS BASED ON CONSTRUCTION OF THIS WORK BEING PEFORMED SIMUTANIOUSI Y
WITH THE CONSTRUCTION OF SYCAMORE SCHOOL ROAD AND SUMMER CREEK DRIVE,
11 OWNER TO PROVIDE ADEQUATE CLEARING TO PROPERLY CONSTRUCT STREETS FULL-WTDTH
U-1 ILIZIN(3 A SLIP FORM PAVER, CONCRETE BFLT PLACER AND CONCRETE HAUL TRUCKS
12 GILCO DOES NOT INCLUDE THE COSI OF EXPOSING OR RELOCATING FRANCHISE UTILITIES
13. GILCO DOES NOT INCLUDE DESIGN, IMPLEMENTATION, OR OPERATING A STORM WATER
POLLUTION PREVENTION PLAN.
SINCEREI.Y,
GILCO CONTRACTING, INC
?JAMEY BURCHETT
CONTRACT MANAGER
Page 2 of 2
41
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PAVING EXIT
V ILLAG}ES OF
SCALE , 1' = 50 ' SUNSET POINTIC
1011A WIER & ASSOCIATES, INC..
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 0 EA $ 2, 500 $0, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $00,000 . 00
City' s Cast $00 ,000 . 00
Developer' s Subtotal $00,000. 00
10% Contingencies $00,000. 00
Project Total $00,000 . 00
Adjacent Developer' s Cost $00,000. 00
Developer's Cost $00,000 . 00
2% Inspection Fee $00,000 . 00
CFA CODE #2004170
DEVELOPER' S COST:
VILLAGES OF SUNSET POINTE AMENITIES CENTER
January 3, 2005
Fort Worth, Texas
January 22, 2005
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:
VILLAGES OF SUNSET POINTE AMENITIES CENTER
January 3, 2005
FORT WORTH, TEXAS
CFA CODE #2004170
Page II of Exhibit C
✓..L i
III.
NO STREETLIGHTS INVOLVED
VILLAGES OF SUNSET POINTE AMENITIES CENTER
Page III of Exhibit C
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 zero (0) intersections at a cost
to the Developer of$0.00.-
(No
0.00:(No new intersections, no new street name signs.)
Villages of Sunset Pointe Amenities Center
CFA code: 2004170 December 30, 2004