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HomeMy WebLinkAboutContract 31392 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.\y�� WHEREAS S. J. FALCON RIDGE DEVELOPMENT LP, hereinafter called "Developer", desires to make certain improvements to FALCON RIDGE(phase 3), 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 STEVE HAWKINS, S. J. FALCON RIDGE, LLC, GENERAL PARTNER OF S. J. FALCON RIDGE DEVELOPMENT, LP, its duly authorized PRESIDENT, 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: L 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. fv CFS,.FFVISED FORMAT WITH 4% 1 'ECAul 5'} �- 1, SUm .Yrr'�,�JI �LG1 1 �m 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 s ustained b y any p ersons (including d eath) o r t o a ny p roperty, 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 s hall i nstall o r a djust a 11 o f t he r equired u tilities t o s erve t he 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). 1. 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 t o p rovide, a t i is e xpense, a 11 n ecessary r ights o f w ay and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. CFA REVISED FORMAT WITH 4% 2 L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof.- Water ereof: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, B 1, 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, Bl, 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 $706,727.41 ITEM DEVELOPER COST CITY COST TOTAL COST A. Construction Lstreets $394,047.20 0 $394,047.20 2.Storm Drainage $259,633.00 0 $259,633.00 3.Street Lights $26,400.00 0 $ 26,400.00 4.Street Signs $500.00 0 $ 500.00 B. Engineering Design 0 0 0 C.Construction Engineering and Management by DOE (4%) $26,147.21 0 0 TOTALS $706,727.41 0 $706,727.41 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. CFA REVISED FORMAT WITH 4% 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, d said Developer has executed this instrument in triplicate, at Fort Worth, Texas this theday of 111X , 2005. Approval Recommended: Transportation and Public Works Department Contract Authorizatiou —"I Robeft Goode, P. E. 1)lmt e. Director ftfr4oh�� Cit 6 Marc Ott Lr�t Assistant City Manager Approved s to Form: i ssistarty,Attorney ATTEST: VELOPER S. J. FAIL GE DEVELOPMENT, LP S. J. F GE, LLC, GENE R By: Corporate Secretary S EVE SINS, PRESIDENT �* V n, , R g itt :�� r,�;f CFA REVISED FORMAT WITH 4% 4 FALCON RIDGE ADDITION 1/5/05 (Phase 3) FORT WORTH,TEXAS ESTIMATE EXHIBIT "B" STREETS 1. EXCAVATION 8,500 CY X$2.25/CY =$19,125.00 2. LIME STAB. 14,241 SY X 1.95/SY = 27,769.95 3. LIME 235 TONS X $98/TON = 23,030.00 4. 6" CONCRETE PAVEMENT 10,375 SY X $20.95/SY =217,356.25 5. 7" CONCRETE PAVEMENT 3,574 SY X $23/SY = 81,282.00 6. 7"ATTACHED CURB 7,540 LF X $1/LF = 7,540.00 7. ADJUST MH 6 EA X $100/EA = 600.00 8. ADJUST GV 8 EA X $50/EA = 400.00 9. EROSION PROTECTION LS X$3,000/LS = 3,000.00 10. BARRICADES 4 EA X $500/EA = 2,000.00 11. HANDICAPPED RAMPS 10 EA X$600/EA = 6,000.00 12. SIDEWALKS 2,472 SF X$2/SF = 4,944.00 TOTAL PAVING =$394,047.20 58725'35f 103221' 119 18 17 16 15 14 13 12 17 -- I_ 10 9 18 1 1 7 6 5 4 3 2 1 { _ E I 1 [123 24 — — — 25 26 27 28 29 30 131 1 I I 32 33 34 35 36 37 38 1 2 3 I D 3 i° I 1 -- - I - -- - -- -- - -- -- 50 49 146 48 47 ( 4544 43 42 41 40 39 4 is I I I 51 o I 5 Ic ( 20 I j � -- — — -- — -- -- — — — � s I ► I '�. i I: -- — — -- — --"61 - 6 I 52 7 18 1 I 53 5455 56 57 58 © 6062 63 64 �, o 1 17 I {— 16 I — 8 9 ; 75 i 14 13 12 11 10 9 7 6 5 4 3 2 1 10 Q i 20 21 22 23 24 25 26 127 9 28 29 30 31 32 33 34 N N 89"2T 10" W 951.12' EXHIBIT "B" STREETS FALCON RIDGE ADDITION (PHASE 3) FALCON RIDGE ADDITION 1/5/05 (Phase 3) FORT WORTH, TEXAS ESTIMATE EXHIBIT "B-1"DRAINAGE 1. 21"RCP 200 LF X $35/LF =$ 7,000.00 2. 24"RCP 38 LF X $40/LF = 1,520.00 3. 33" RCP 182 LF X $56/LF = 10,192.00 4. 36" RCP 595 LF X $68/LF =40,460.00 5. 39"RCP 155 LF X $90/LF = 13,950.00 6. 48"RCP 489 LF X $102/LF =49,878.00 7. 54"RCP 134 LF X $142/LF = 19,028.00 8. 60" RCP 337 LF X $165/LF = 55,065.00 9. 10' CURB INLET 2 EA X $2,000/EA = 4,000.00 10. 20' RECESS INLET 1 EA X $4,000/EA = 4,000.00 11. 20' CURB INLET 10 EA X $3,800/EA = 38,000.00 12. MANHOLES 4 EA X $3,000/EA = 12,000.00 13. 4' X 4' DROP INLET 2 EA X $2,000/EA = 4,000.00 TOTAL DRAINAGE =$259,633.00 [��J�'�g Q, DOUBLE 4x4'DJ. - ( 19 ra 17 16 15 74 i -- -- — ---- -- I 13 12 11 10 9 1 8 1 1 7 6 2 1 125.15' OADRUNNER — — ———— S 8725;35' 48`RCP _ E 905.62' 20'C.l. I 1 I — — — — — -- 1 Z Lj 23 24 25 26 27 28 29 30 131 I © i 32 33 34 35 36 37 38 20 22 ———— —— — — — -- --- -- -- --27 I ( 50 49 46 — h I 4 I`� I I 48 47 I 45 44 43 42 41 40 39 I C:) ! I I 51 i I o o I I.O I 20 OSPREY COURT — 20'a1. S 89 27'10'E 626.86' m 3 6 I• I I 52 �� �� — — -- — — -- — -- — o I © o i 7 (!g I 54 55 56 57 58 59 60 61 62 63 64 W o 1 � I I I 53 D o I 17 1 I Q I IB 76 9 GE 15 1 14 13 12 17 JO 9 7 6 5 4 3 2 -- -- ---- -- --- ? 10 36'RCP 20'Cl 39'RCP / a�P PEREGRINE TRAIL 20'C.I. I' 27 11 i 9 20 21 22 23 24 25 26 1 28 29 30 31 32 33 341 N C I " N 892T7D" EXHIBIT "B- 7 " DRAINAGE FALCON RIDGE ADDITION (PHASE 3) FALCON RIDGE ADDITION 1/5/05 (Phase 3) FORT WORTH, TEXAS ESTIMATE EXHIBIT "C" STREET LIGHTS 1. STREET LIGHTS 12 EA X $2,200.00/EA =$26,400.00 2. STREET NAME SIGNS 5 EA X $100/EA = 500.00 TOTAL STREET LIGHTS/STREET NAME SIGNS =$26,900.00 r — —— — —— — S 872535'E 1032.21' 19 18 17 16 15 14 — i I © — ———— -- — -- -- 1 13 12 11 10 g I g 1 1 7 6 I I ( 5 4 3 2 1 0 125.15' — ---- ---- S 872535'E 905.62' UNNER I I 23 24 25 26 27 28 29 30 131 32 33 — — I 34 35 36 37 38 2 II 22 ��---- — w — -- — I — -- — -- -- — -- -- o N z h l 50 49 146 H I I� a i 21 I 1 48 47 I 45 44 43 42 41 40 39 0 4 1 51 o I I, h 20 I I — — — -- — -- -- — -- — 2 1 5 I — i _ OSPREY COURT " Ah 2 { 19 j 1 S 8927'10"E 626.86' 3' I 5 (_ I 52 i8 -- r— -- — -- — — -- — — I I 7 I I I I 53 54 55 56 57 58 59 60 61 62 63 64 zt o 17 F-- -- — — -- — -- -- m I 8 I 9 I ; 15 ( 14 13 12 11 10 9 7 6 5 4 3 2 1 ---- -- — ---- 1 10 -- ---- — — 11 E 5 89'27 10 E 798.23 �608 55 /� ---- -- ---- -- ---- -- — o e i 20 21 22 23 24 25 26 127 9 28 29 30 31 32 33 34 N 19 0 N 8927'10" W 951.12' — -- -- — -- i EXHIBIT "C" STREET LIGHTS FALCON RIDGE ADDITION (PHASE 3) I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 5 EA $ 2, 000 $10, 000 . 00 MID-BLOCK RESIDENTIAL 6 EA $ 2, 000 $12, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2, 000 $2, 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 $24,000 .00 City's Cost $00,000. 00 Developer's Subtotal $24,000 . 00 10% Contingencies $2,400 . 00 Project Total $26,400 . 00 Adjacent Developer's Cost $00,000 . 00 Developer's Cost $26,400. 00 2% Inspection Fee $00,000 .00 CFA CODE #2004168 DEVELOPER' S COST: $26,400.00 FALCON RIDGE ADDITION, PHASE III December 28, 2004 Fort Worth, Texas January 22, 2005 PAGE I OF Exhibit C P.7 'H qn 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: $26,400.00 FALCON RIDGE ADDITION, PHASE III December 28, 2004 FORT WORTH, TEXAS CFA CODE #2004168 Page II of Exhibit C III. "STREETLIOGHTS" INTERSECTIONS WOODPECKER IN & ROADRUNNER 1 WOODPECKER LN & PERIGRINE TRL 1 ACADEMY BLVD & PERIGRINE TRL 1 ACADEMY BLVD & ROADRUNNER 1 ACADEMY BLVD & OSPREY CT 1 MID-BLOCK WOODPECKER LN 1 PEREGRINE TRL 2 ROADRUNNER 2 OSPREY CT 1 CHANGE FO DIRECTIONS OSPREY CT 1 FALCON RIDGE ADDITION, PHASE III 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 five (5) intersections at a cost to the Developer of $500.00: Academy Blvd & Peregrine Tr Academy Blvd & Osprey Ct Academy Blvd & Roadrunner Woodpecker Lane & Peregrine Tr Woodpecker Lane & Roadrunner Falcon Ridge Addition, Phase III CFA code: 2004168 December 27, 2004 -„ H, -, a �R(,v;1�n i