HomeMy WebLinkAboutContract 34231COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary II
COUNTY OF TARRANT § Contract No.�;�_l
WHEREAS, CitvParc at Golden Triangle, L.P., hereinafter called "Developer",
desires to make certain improvements to North Beach Street / CitvParc at Golden Triangle,
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, Denton and Wise 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: Christopher C. Finlav, 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:
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 and
subsequently amended, is hereby incorporated into this Community
Facilities Agreement as if copied 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 Policy.
"�v��:�
F.
G
H
I.
J.
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The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the
Policy.
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 iniuries, death or
damaees are caused, in whole or in part, by the alle,eed neelieence of
the Citv of Fort Worth, its officers, servants, or emplovees.
Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
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).
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).
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.
Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by
Developer required to
2
construct current and future improvements provided for in this
agreement.
M. 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 (B-1) Attached, Street Lights and Signs (C) Attached.
N. City shall not be responsible for any costs that may be incurred by
Developer in the relocation of any utilities that are or may be in
conflict with any of the community facilities to be installed hereunder.
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, B 1,
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 $331,377.80.
3 v e
SUMMARY OF
COST
Cityparc at Golden Triangle
Item
Developer City Cost
Total Cost
Cost
A. Construction
$ -
1. Streets
$293,714.50
293,714.50
2. Storm Drainage
$22,218.00
22,218.00
3. Street Lights (TRI-County)
$2,808.00
2,808.00
4. Street Name Signs
-0-
$
B. Engineering Design
$
C. Construction Engineering
and Management by DOE
$
$
(4%)
12,637.30
12,637.30
TOTALS
331, 377.80 $ -
331, 377.80
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
2. Developer's column for Item C represents four percent (4%) cost for construction
inspection fees. The City will pay additional inspection fee over 4%.
3. City not preparing plans and specifications.
L!
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed
in triplicate 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 the day of 2006.
RECEIVED
Approval Recommended:
1�6® IYI+: C 10'—QIjdRED
ATTEST:
f'�\ a
Marty Hendrix By:
City Secretary
ATTEST:
Corporate Secretary
CA
N 0%
Transportation and Public Works
Department
14�
Robert Goode, P. E.
Director
City of F h
Marc Ott
Assistant City Manager
DEVELOPER
CityParc at Golden Triangle, L.P.
A Florida Limited Partnership
Finlay Interests GP 30, LLC.,
A Florida Limited Liability Company
Its Managing General Partner
Finlay GP Holdings, LTD.,
A Florida Limited Partnership
Its Sole Member
Finlay Holdings, Inc.,
Christopher Ofir
President — Finlay
Inc.
01 , vo.
s`''%L
S
Dunaway Associates, Inc.
ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS
FOR CONSTRUCTION OF UNIT H: DRAINAGE & PAVING IMPROVEMENTS
TO SERVE: CITYPARC AT GOLDEN TRIANGLE
Section A: Drainage Improvements
BID
I BID
ITEM
II QUANTITY
UNIT
DESCRIPTION
1
17
LF
Class III 21-inch RCP
2
I 175
LF
I Class III 42-inch RCP
3
1
EA
� 5-foot curb inlet
4
1
EA
1 42-inch Type "B" headwall
5
1
EA
142-inch headwall removal
6
�1 192
LF
FTrench safety
Section B: Paving Improvements
BID
I'811)
ITEM
�I QUANTITY I
UNIT
t! DESCRIPTION
1
1420
SY
Asphalt removal
2
I 681
LF
Sawcut and remove existing concrete curb
3
35
SY
Sawcut and remove existing concrete pavement
3
7862
SY
6-inch time stabilized subgrade
4
6415
SY
8-inch reinforced concrete pavement with 7-inch concrete curbs
5
1700
LF
4-inch concrete sidewalk
6
118
IN
Hydrated Lime
7
1 2000 1
IF
112-inch conduit
8
I� 1 1
LS
I�Earthen channel grading
9
1 1
LS
Pavement markings
10
11 1100 1
SY
11Hydromulch seeding
11
II 1 I
LS
IISWPPP Maintenance
Section C: Street Lights
BID ` ITEM I QUANTBIDITY
1 18
UNIT (I DESCRIPTION
EA It100 watt lig3ts x 16"5) per Light x 24 months
G:\Production12004120040851CorrespondencelOPCC\2004085_CFA_Drainage&P aving-Cost_06-0327_P EK.xls
3/28/2006
j(
UNIT
II
PRICE
COST
�i$
40.00
$
680.00
$
84.00
$
14,700.00
$
3,200.00
$
3,200.00
$
2,900.00
$
2,900.00
$
450.00
$
450.00
$
1.50
$
288.00
SUBTOTAL:
$
22,218.00
4% Inspection Fee
$
888.72
Drainage Subtotal: $ 23,106.72
UNIT
PRICE ,
COST l
t
5.00
$
7,130.Oa,
4.00
$
2,724.001
I$
$
7.00
$
245.00 1
$
2.75
$
21,620.50
$
28.00
$
I79,620.00
$
14.00
$
23,800.00
$
105.00
$
12,390.00
$
7.00
$
14,000.00
1 $
2,500.00 1
$
2,500.00
$
25,000.00 1
$
25,000.00
$
0.65
$
715.00
[IS
4,000.00
$
4,000.00
SUBTOTAL:
$293,714.50
4% Inspection Fee
$11,748.58
Paving Subtotal:
$305,463.08
LTNIT
PRICE I
COST �I
$
2,8061161
t
2,808.00 11
SUBTOTAL:
$2,808.00
4% Inspection
Fee
$112.32
Paving Subtotal:
$2,920.32
Unit II Total:
$331,490.12
III. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
INTERSECTIONS
MID -BLOCK RESIDENTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID -BLOCK COLLECTOR
MID -BLOCK ARTERIAL PARKWAY
MID -BLOCK ARTERIAL MEDIAN
RELOCATE EXISTING LIGHT
QUANTITY
UNIT
COST
0
EA
$
0,000
0
EA
$
0,000
0
EA
$
01000
0
EA
$
01000
0
EA
$
0,000
9
EA
$
0,000
0 EA $ 01000
0 (200 watt lights) x $7.05 (per light) x 24 months =
18 (100 watt lights) x $6.50 (per light) x 24 months =
Total:
TOTAL COST
$00,000.00
$00,000.00
$00,000.00
$ --0--
$ --0—
$ __0__
$00,000.00
$2,808.00
$2,808.00
The Street Lights will be installed by TRI County Electric Cooperative
the developers initial 24- month power charge will be $2,808.00.
After the initial 24-month power charge the City of Fort Worth, WILL
ASSUME THE POWER COST.
CFA CODE #2004142
CIITYPARC AT GOLDEN TRIANGLE
October 5, 2004
Fort Worth, Texas
PAGE I OF EXHIBIT C
October 5, 2004
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.
3. Streetlights on arterial streets shall be installed with underground
conduit and conductors.
4. The Developer shall provide for the installation of a 2-inch
schedule 40 PVC conduit at a depth not less than 30 inches and at
least 18-inch behind the curb, "clear from all other utilities".
5. The Developer shall provide for the installation of a 2-inch
schedule 40 PVC conduit between streetlights proposed for
installation and the power source to become operational.
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 shall pay the initial two year power cost to TRI-
COUNTY ELECTRIC COOPERATIVE, after the initial two year cost the
City of Fort Worth, will assume the power cost.
8. 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) 392-6596 to insure proper inspection of
work.
TOTAL DEVELOPER'S COST $2,808.00
CITYPARC AT GOLDEN TRIANGLE
October 5, 2004
Fort Worth, Texas October 29, 2003
PAGE II OF EXHIBIT C
CFA CODE #2004142
"STREET LIGHTS"
MID - BLOCK ARTERIAL MEDIAN
N.BEACH ST 9 (DOUBLE ARMS)
CITYPARC AT GOLDEN TRIANGLE
PAGE III OF EXHIBIT C
Iv
STREET NAME SIGNS
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:
(Private, apartment complex)
Cityparc at Golden Triangle
CFA code: 20041342 September 28, 2004
KELLER - was
PROJECT
SITE
WAR CREEK
RAY 041N
_VIA—
KROMR
NORTH BEACH STREET
LOCATION MAP
RECEIVED
Dunaway 1 Enginmv
44
Surieyom Associates, Inc. I
Unds=M Amhlbmft
I
John F. Crawford
� Volume 5223, Page 923
O D.R.T.C.T.
Lot 1
Block 1
Cityparc of Golden
Triangle
EXISTING CONC.
PAVEMENT
t'
i
:1
Crawford Farms
Cabinet A, Slide 7124
P.R.T,C.T.
Stoneside Trail
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/ Volume 15463, Page 90 > I
D.R.T.C.T.
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EXISTING .b
III' 1YrlllllIl �— V16` ^ lil f'Innl• Iln - CONCRETE .
�` umm�nnllllnlll PAVI IT\
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SAWCUT AND REMOVE 157
LF. EXISTING CONCRETE
PAVING. REPLACE WITH 7"
CONCRETE CURB
REMOVE EXISTING
TRANSITION PAVEMENT
LEGEND
- - - FUTURE CONSTRUCTION
PROPOSED CURB AND GUTTER
8" CONCRETE PAVEMENT
® 4' SIDEWALK
- SAWCUT AND REMOVE 124
L.F. EXISTING CONCRETE
I
PAVING. REPLACE WITH 7"
REMOVE EXISTING
CONCRETE CURB
TRANSITION PAVEMENT
SAWCUT & REMOVE 400 L.F. OF
EXISTING CURB AND GUTTER
CONSTRUCT 6415 S.Y. 8"
CONCRETE PAVEMENT
EXHIBIT "B"
fAVEMENT AND SIDEWALK
VORTH BEACH STREET
1
1iii6iD Z-�
SCALE: 1" = 300'
Dunawa Planners
Associates, L. e
Lendeoepe MdrMecte
1501 Merrinm Ards, SWte 100, Fort worth, TX 76107
Tel: (817) 335-1121, Fax: (817) 335.7437
John F. Crawford
Volume 5223, Page 923
D.R.T.C.T.
EARTHEN CHANNEL--_
IMPROVEMENTS -1
Lot I PRIVATE
Block 1 SYSTEM
Cityporc at Golden X
Triangle
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EXISTING STORM DRAIN
PROPOSED STORM DRAIN
Crawford Farms
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PRIVATE
SYSTEM I I
CONSTRUCT 17 LF OF
21" RCP AND 15—FOOT
CURB INLET
REMOVE EXIST 42' HEADWALL
AND CONSTRUCT 175 LF OF
42" RCP AND 42" HEADWALL
EXHIBIT 'PB— f to
STORM DRAINAGE SYSTEM
NORTH BEACH STREET
SCALE: 1" = 300'
4 i -o-- Dunawg Plarimm .
Surveyors
'W Associates, L. Laridvj" ArchNOM
1501 Merrirrm Cirde, Sule 100, Fat Worth, TX 76 107
Tot (8 17) 335.1121. F= IS 17) 335-7437
Crawford Farms
Cabinet A, Slide 7124
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co Volume 5223, Page 923 I- _!
O D.R. T.C.T.
Piedmont Partners, L.P.
Lot 1, _ Volume 15463, Page 90
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I D.R.T.C.T.
LEGEND
EXISTING STREET LIGHT
* PROPOSED STREET LIGHT
EXHIBIT "C"
STREET LIGHTS
NORTH BEACH STREET
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PROPOSED STREET
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SCALE: 1" = 300'
kDunawa Marano n
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Associates, L.P. s'" ° °"
ana.mpe rva,6ecls
1501 Mwrkm CYde, 9Wb 100, Fd1 WoM. TX 76107
Tot. (617) 335-1121, Fax. (617) 336-7437