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Home My WebLink AboutContract 30600 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARR-ANT § Contract WHEREAS, Wildwood Development Company 1, Ltd., hereinafter called "Developer", desires to make certain improvements to Edgewood Addition, Phase 1, 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 Tom Gaubert, its duly authorized General Partner, 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 H, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section H, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section H, of the Policy. CFA with Revised 4% Edgewood Phase I September 2,2004 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 PuM 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), I 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 with Revised 4% 2 Edgewood Phase I September 2,2004 Water (A)None; Sewer (A-1)None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. H. 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, Bl, 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 $867,453.56. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 501,905.20 $ 501,905.20 2. Storm Drainage $322,363.00 $ 322,363.00 3. Street Lights $ 6,500.00 $ 19,500.00 $ 26,000.00 4. Street Name Signs $ 700.00 $ 700.00 B. Engineering Design $ - C. Construction Engineering $ - and Management by DOE (2%) $ 16,485.36 $ 16,485.36 TOTALS $ 847,253.56 $ 20,200.00 $ 867,453.56 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 ()�-%) 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 with Revised 4% 3 Edgewood Phase I September 2, 2004 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 the 2 day of September, 2004, Approval Recommended: Transportation and Public Works Department C ATTEST: Robert Goode, P. E. Director ity Fo W _MARTY H NDRIX CITY SECRETARY Marc Ott Assistant City Manager Approved as to Form:9 ,� :ontract nuthorizatiox Assistant City Attorney Date ATTEST: DEVELyC�P ` Corp rate Secretary Thomas M. Gaubert Jack R. Gaubert Chairman wildwood Development Company wildwood Development Company CFA with Revised 4% 4 Edgewood Phase I. - September 2,2004 t FT. WORTH PROJECrSIrE 0 1000 UK m 4040 SCALE 1 M FEET 0 CROWLEY F.M. 1187 W. RE DON-CROWLEY R C CL CROWLEY FT. WORTH 3K < L 1141 TS Q BURLESON LOCATION MAP EDGEWOOD PHASE I Located In Fort Worth, Texas OWNER: ENGINEER/SURVEYOR: WEATHERFORD VENTURE P.O. Box $89 DeSoLo,Texas 75123-0689 5tarne5 Consulting Incorporated (972)274-0001 FAX 19721 274-1004 4025 Woodland Park Blvd.Suite 230 Arlington.Texas 76013 (81'n 265-2881 Fax (817)265-4347 DEVELOPER: WILDWOOD DEVELOPMENT COMPANY P.O. Box 889 DeSoLo,Texas 75123-0689 JULY, 2003 19721274-0001 FAX 19721274-1004 cl o 0 ,Qm 1332LJ S Ifom 00 c) at CD C v a C, 0 q OX — LU co 0040 CA U 1 0 A LU 0 Wtf 3 SIRE ON 19,IWO:f sl X Ipw I A ui 0 § -03 03 -erO Lij CY i I A IAO 0 I�r A A ELF z :3 ku ci ci 20 z 0 uj U. CV Maw DOL Uq 'ON,MM LVI-:o avow xamoun w)aK3w Isw 70 zu G r Ci .133'd.LS 00 aWom CD > x r TJ C,) qw) 5e 3Ard 3 S.LH E 13H IT MOA # q z 0 o ry 3Nn3MLL x Lli 31, 3N 3AO 01S3 03 —W uj "d'31d ZO dOWd "U. E- F E- E - pat w < t7u uj 0 0 0 C4 x w < o MOIAM, aVOW A3VAOUO NOCW:rd IS wt AUG-11-2804 04 :24 PM $TARNESCONSULTIN 8172654347 P'. 03 ENGINTER'S OPINION OF PROBABLE COST Date: 7/15/03 Project; Edge,,yood Phase I Client: Wildwood Development Job No: SC100101 Location: Fort Worth, Texas Item Ur1 t Total No, Description Unit Quantity Price Cost Paving Facilities I CIcAring&Grubbing Acre 19.7 $2,000.00 $39,400.00 2. Unclassified Excavation C.Y. 25,784 $1.50 $38,676.00 3. Compacted F111(density Control) C.Y. 22,221 $1.00 $22,221.00 4. 6"Subgrade Lime Stabilized S.Y. 112,;74 $1.55 S20,10%70 5. Hydrated Lime Ton 195 $92-00 $17.940.00 6. 6"Concrete Pavement(Streets) S.Y. 12577 pp $20.50 S257,939.390 7. 4-Conci e Pavement(Wa&s) L.F. 6:936 9.6& sie.00 cgt*46,99101 8. Access Ramp-Comer Ea. 7 $650-00 $4,550.00 9. Access Ramp-Mid-block Ea. 26 $600,00 $15,6()0.00 10. Sawcut&Remove Asphalt L.F. 121 $12.00 $1,452.00, 11. Street Header L.F. 70 56040 54,200.00 12. Barricade L.F. 28 $50.00 $1,400,00 13. HMAC Transitiou S,Y, 10 523.00 $230.00 14. Emsion&Sediment Control-Paving Lot 1 $11,700.00 $11,700.00 is. Adjust Manhole E& 10 5300.00 53.000.1.10 Stut Nme Sign Ea, a $100.00 5800.00 t7-.- Street Light Foundation Ela, 13 S650,00 S8,450.D0 17 2"Schedule 80 PVC Conduit L.F. 2,928 S6.00 517,568.00 Pa Box F. 4 $-Z75.00 $1,100. 20. Trafric,saf*ry Lot 1 $3,500.00 53.500.00 21. Signage,A Pavement Marking Lot I S4,600,00 $4,600.00 Paving Subtotal 4~9,20 This engineer's opinion of probable cost is Wed an the cogineer's expericnoe and haw judtrncnt as a Proftn"n1k, Engineer, MY evaluation of work to be performed to this contract Is spoculadve in nature undl the d%WW "p is W-platul- OdWoAally,the engineer has no control over the cost of labor, material or services to be tUrniAed by others, or over market 0041d"M Acrjw oosu may vary &orn the values wntalned heraln. This opinion has been prop" in accordance with generally accepted ensinet:rinj practices and neither expresses nor Implies any ruarUtu or warranty. Mage 3 ors ENGINEER'S OPINION OF PROBABLE COST Date: 7/15/03 Project: Edgewood Phase I Client: Wildwood Development Job No: SCI00101 Location: Fort Worth, Texas Item Unit Total No. Description Unit Quantity Price Cost Storm Drain Facilities 1 21" R.C.P. Class III with Trench L.F. 214 $30,00 $6,420.00 2. 24"R.C.P. Class III with Trench L,F. 57 $34.00 $1,938.00 3. 27"R.C.P. Class III with Trench L.F. 48 $39.00 $1,872.00 4. 30" R.C.P. Class III with Trench L.F. 78 $45.00 $3,510.00 5. 54"R.C.P. Class III with Trench L.F. 68 $129.00 $8,772.00 6. 60"R.C.P. Class III with Trench L.F. 1,049 $146.00 $153,154.00 7. 60" R.C.P. (13-2 Radius)Class III with Trench L.F. 183 $159,00 $29,097.00 8. 66"R.C.P. Class III with Trench L.F. 86 $172.00 $14,792.00 9. 10' Curb Inlet Ea. 11 $2,350.00 $25,850.00 10. 5' Square Drop Inlet with Apron Ea. 1 $3,300.00 $3,300.00 11. 6' Square Manhole Ea. 3 $3,600.00 $10,800.00 12. Headwall Ea. 1 $4,300.00 $4,300.00 13. 12"Gabion S.Y. 637 $75.00 $47,775.00 14. Trench Safety L.F. 1,783 $1.00 $1,783.00 15. Erosion & Sediment Control-Utility Lot 1 $9,000.00 $9,000.00 Storm Drain Subtotal $322,363.00 This engineer's opinion of probable cost is based on the engineer's experience and best judgment as a Professional Engineer. Any evaluation of work to be performed to this contract is speculative in nature until the detailed design is completed. Additionally, the engineer has no control over the cost of labor, material or services to be furnished by others, or over market conditions. Actual costs may vary from the values contained herein. This opinion has been prepared in accordance with generally accepted engineering practices and neither expresses nor implies,any guarantee or warranty. Page 4 of 5 C'l U Q 0 un C 133NIS 00 'domWO fz x fX CL cj F- CO 0 o o C9 O 3ANIH 3 S.LHC 3H 190A UA tu 43 3NV I 3AO 0 Isa OJ LU O :3O ku CJ Zd z 7 WE— E— uj uj r,3 C> LLJ LLJ 0 h"Ob 00t USLL'ON"tpm'ri'd) CYOU A3'WODWO NOCN34 1S3�A III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 5 EA $ 2, 000 $10, 000 . 00 MID-BLOCK RESIDENTIAL 5 EA $ 2 , 000 $10 , 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 2 , 000 $6, 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 $26, 000 . 00 City' s Cost $19, 500 - 00 Developer' s Subtotal $0, 000 . 00 10% Contingencies $0, 000 . 00 Project Total $26, 000 . 00 Adjacent Developer' s Cost $0 , 000 . 00 Developer' s Cost $0, 000. 00 2% Inspection Fee $0, 00 . 00 Developer' s Responsibility See PG III-1, "Line 7" EDGEWOOD, PHASE I August 6, 2003 Fort Worth, Texas August 6, 2003 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 . 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" . S . 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 . Street light conduit and footings shall be installed by the developer' s contractor as part of and at the time of street construction. The city will obtain electric service and complete the street light construction in accordance with approved plans. B . 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. 9 .The procedure for installing conduit and footings will be with the inspector on the job site or you can request a copy by calling 817- 871-6596 . EDGEWOOD, PHASE I August 6, 2003 Page 2 of Exhibit C "STREET LIGHTS" INTERSECTIONS W. RENDON CROWLEY RD & TREELIKE DR 1 FOREST HEIGHTS DR & WORTHWOOD RD 1 FOREST GROVE DR & TREELINE DR 1 RIDGE TREE RD & TREELIKE DR 1 TREELIKE DR & TREELIKE DR 1 MID - BLOCK FOREST HEIGHTS DR 1 FOREST GROVE LN 1 TREELIKE DR 3 CHANGE OF DIRECTIONS RIDGE TREE RD 2 WORTHWOOD ST 1 EDGEWOOD, PHASE I Page 3 of Exhibit C IV STREET NAME SIGNS 1 . The City 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 City 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 seven (7) intersections at a cost to the City of $700 .00 : Treeline Drive and Forest Grove Lane Treeline Drive and Worthwood Street Worthwood Street and Forest Heights Drive Worthwood Street and Worthwood Street Ridge Tree Road and Forest Grove Lane Ridge Tree Road and Treeline Drive Ridge Tree Road and Forest Heights Drive Edgewood Phase I Fort Worth, Texas Date: August 6, ' 00-3 IV-1