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Home My WebLink AboutContract 37059 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Riverside Villas Apartmetnts, L.P., hereinafter called "Developer", desires to make certain improvements to Riverside Villas 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, Denton and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph e Policy. 1 ,:j,D Project Name: Riverside Villas CFANumber: 2008-009 4' V4 Date: March 892008 F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. 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 damages are caused, in whole or in part, by the alleged ne�li�ence of the City of Fort Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. 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). J. 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). K. 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. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required=;�� 9 1-S i{ !a ��( lyi ^,.1 Project Name: Riverside Villas 2 �'; ``., CFA Number: 2008-009 _ Date: March 28, 2008 construct current and future improvements provided for in this agreement. AMENDMENTS TO THE FOLLOWING SECTIONS AS NECESSARY PER PROJECT SPECIFICATIONS 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 (A4) None; Paving (B)Attached Storm Drain (B-1) Attached; Street Lights and Signs (C) None.. 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 Developers) 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 and B 1. 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 and B 1.. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 50,006.750 "i j Zd J, a A Project Name: Riverside Villas 3 CFA Number: 2008-009 Date: March 28, 2008 Project Name Riverside Villas CFA 2008-009 DOE 5801 Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $11,915,75 $ 111915,75 2, Storm Drainage $38,091,00 $ 38,091,00 3, Street Lights $ - 4. Street Name Signs $ B. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) $ 21000,27 $ 21000,27 D. Materials Testing by DOE (2%) $ 11000,14 $ 11000,14 TOTALS $ 531007,16 $ - $ 53, 007,16 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. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. IL �l ) 7 I � ; � � tlr� 2•. �. Project Name: Riverside Villas 4`^r7 CFA Number: 2008-009 Date: March 28, 2008 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, nd said Developer has executed this instrument in triplicate, at Fort Worth, Texas this they day of 2008. Approval Recommended: ATTEST: City Secretary Approved Assistant ATTEST: Form: Transportation and Public Works Cit of Fort Wo�,th� Fernando Costa Assistant City Manager DEVELOPER Riverside Villas Apartments, L.P. By: Riverside Villas Apartments I, LLC a Texas limited liability company its General Partner B Y• J. ark Wolcott, Manager Project Name: Riverside Villas CFA Number: 2008-009 Date: March 28, 2008 5 IV S VICINITY IV1AP �, . _ - - " i RIVERSIDE VILLAS ADDITION FORT WORTH, TEXAS PROPOSED IMPROVEMENTS CITY PROJECT NO, 008841 X-202731 W4995 DOE 5801 ENGINEER'S COST ESTIMATES -JAN. Z008* PAY ITEM DESCRIPTION QUANTIT UNI1 UNIT PRICE TOTAL PRICE TEMPORARY DITCH ITEMS 1 Ditch Excavation 1600 CY $3.50 $51600.00 29 Rock Rip Rap 330 CY $35.00 $111550600 TEMPORARY DITCH TOTAL $17,150.00 STORM SEWER ITEMS 3 27" RCP 131 LF $48.00 $6,288.00 4 30" RCP 126 LF $52.00 $6,552.00 17 Single 27" Sloped End Section 1 EA $11500.00 $1,500400 17 Double 27" Sloped End Sect. 2 EA $1,500400 $3,000000 18 Double 30" Sloped End Sect. 2 EA $1,800.00 $31600.00 28 Trench Safety 1 EA $1.00 $1.00 STORM SEWER TOTAL $20,941.00 PAVING ITEMS 3 6" Lime Stab. Subgrade 485 SY $2.25 $1,091.25 2 Lime Material (271b/SY) 6.5 TON $105.00 $682.50 6 6" Reinf. Concrete Pavement 461 SY $22.00 $101142.00 PAVING TOTAL $11,915.75 TOTAL $50, 006.75 ABOVE PRICING BASED ON UNIT PRICES IN ORDINANCE NO 14552 SEPARATE CHECKS REQUIRED CITY INSPECTION FEE (4%) CITY MATERIALS TESTING FEE (2%) p 20 40 N.T.S. Future Commercial 1 EXHIBIT "B" LAVING AND SIDEVdALK SHEET 1 of 3 Single Family i 5„0l0, SHIVER ROAD :::::::: ..j -- -- -- -- ::.f::: Proposed Public Park 2 .0' :2�D':97. ' .0':::4:: I , a:::: I I j ll n O , i•71G-. 1i�VlJJ,. JJ r 01,, I �' 2c' :I:: o 0 20 40 i> 0 :::::: :::i:;:;::: N.T.S. 111.11,16,111, i 3:p: CIAI 0 I - - 00 �i z' •pa o I Future Commercial T I Multi Family a o 'I I DI 93. ::i:: 0 ::2:.:;0 2 .0 :: 7:0::: 17. 0� Ip gal so gal son, 4.0 1.0'• 0' Ir 19 I +I a a_ EXHIBIT "B" I PAVING AND SIDEWALK SHEET 2 of 3 2 \ > \ O 2 4 %as F b@ C mmedd � E��|S|� "S" �� O S|�E��K (:;:►(((�(;:�:�( \SK2y / �� }�� 9 �}�}�|�:�:��;��}�� }�}�}�:��:;}� 22R222G2) \\\�\/ /\\ \\\\/\� «<:ee:dSj SSSS2k; \\(\\/\\� \\\\/\/\\ \\\\/\} :;:;��|��}��(}�� (:}�:��[ ..;.i.;.;.;.;.;.;.: .•............. }�}�}��:�}�}�:�}�:�}�}�'�}�:�}�}��:�:�:;. � \\i\/\�% 3Sy2§§Skk2k2; §\RS§222\d G222G§22� +.t«S 3 »>«<aa<6. ... _� \/� \\/\\\\/ /\\/� \�� .�.:�:•:.:.:.:.:.�.:.:.:.;.;.;.;.,.;.;. �}��|�}��}�}��. :}}�:}�}}}}}:�� }:}}�:�:�}�}�} ..I...... � ..... :;:;l;:;:;:: � } \ . m : � ':}�� ) \ }:�:�:��;:�. �� }};:}:�:;};};} :�(�:��:(:�:� � :':�:��:(:�:�: ,;.;i:�;�;� o )�::i;:�:�: \ � 0 '}�}�.�}�}'.. ..}}}��}��: ..•......... ( ............. �'��;�;�;�� ;:;:;: ��(:�:|:;:,�; / / � § ' �:�:�}�:�}��: | (�:�|:�� , � ��:(:�: •. \d]//� ƒ� �\\� .:;:;:|:;:�:; .:.:•:•:.:.:.. ; .D' \�/ƒ D : 2ƒ O' \}// G\}l/ \ ��'�|�(�)�: § ' :(:�:;��.�� _ �� }�:�}!}��:: 1:�:1:�:�:;:; }}:�}}'}}�:;: d / [\\� :;:�:1i;:�:;� :�:;:�!;.:;:;: :}'::}|::��: ��}�:�: �}:;:�i;:�:�: }�}��|�}�:�: SA \/ 0 0 Mag � m]y _ .� � \ � \{;\ �{\\� j\\ � q\�/�\2« « ! . \}� \� \ \ \� §\ ac. �: � \. . chur h S E T 3� 3 PROJECT AREA MAP w C10 O n O oy I w 0 Z Q PROPOSED IMPROVEMENTS Scale 0 20 40 N.T.S. Proposed Public Park Lot PROP ED \ f w OENroN� EXHIBIT "B-1" R��D TEMPORARY DITCH DRIVES & CULVERTS SHEET 1 of 3 My(ti Fyri, it y PROPOSED TEMPORARY ROADSIDE D/TCH 0 20 40 N.T.S. 4'X 40 LF o " CONC. CAP 0 VER EXI S T 1 5 " WA TER coNsrRucT 12" ROCK R/PRAP CONSTRUCT 2-30" RCP WI TH SL OPED END SEC TONS CONSTRUCT 25' CONCRETE APPROACH CONSTRUCT 12" ROCK R/PRAP CONSTRUCT ROCK RETAININr.; WALL 6" ABOVE FLOWL/NE Future Commercial PROPOSED TEMPORAR Y ROADSIDE DITCH EXHIBIT "B-1" TEMPORARY DITCH DRIVES & CULVERTS SHEET 2 of 3 � � o p i I o � I i H W � p p klll Multi Family 0 20 40 N . T. S. CONs T,QUC r 12" ROCK RIPRAP CONSTRUCT 1-18 " 15 0 BEND 1-SLOPED END SECTION FL 18 " 9 D/ TCH= 585. 0 coNs rRuc r 6, CONCRETE APPROACH CONSTRUCT 2-27" RCP SLOPED END Future Commercial PROPOSED ROADSIDE TH NEC TONS Wl CONSTRUCT 12" ROCK RIPRAP TEMPORAR Y DI rCH EXHIBIT "B-1" TEMPORARY DITCH DRIVES & CULVERTS Q I Multi Family Q � Cnurc-h - SHEET 3 of 3