HomeMy WebLinkAboutContract 31100 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.�f
WHEREAS, Harvest Ridge, LP, hereinafter called "Developer", desires to make
certain improvements to Harvest Ridge Addition — 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 Fourth Decade Corporation, its
duly authorized General Partner, acting herein by and through Lee Nicol, 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, 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 11, of the Policy.
D. The Developer shall award all contracts for the construction of community
facilities in accordance with Section 11, paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance withparagraph 8, Section 11, of I, Po,,Jiey--.--..........
2003004-00 TPW CFA-04-0805 JWM.dod
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).
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 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-
.................................. . .....
2003004-00 TPW CFA-04-0805 JWM.doc2
Water (A)None; Sewer(A-1)None; Paving (B) attached; Storm Drain(B-
1) attached; Street Lights and Signs (C)attached.
..
2003004-00 TPW CFA-04-0805 JWM.doc3
f
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, 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
Notes:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
2. Developer's column for Item C represents two percent (4%) cost for construction
inspection fees and materials testing less 10% for contingency cost.
(*) Represents City participation for construction fees based on actual cost.
3. City not preparing plans and specifications.
2003004-00—TPW—CFA-04-0805—JWM.doc4
SUMMARY OF COST
Harvest Ridge Addition Phase
Item Developer City Cost Total Cost
Cost
A. Construction $
1. Streets $303,211.00 $ 303,211.00
2. Storm Drainage $276,935.00 $ 276,935.00
3. Street Lights $1,872.00 $ 1,872.00
4. Street Name Signs $ 300.00 $ 300.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE (4%) 1 $ 23,205.84 $ 27,205.84
TOTALS $ 605,523.84 $ $ 605,523.84
CFA CODE: 4
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, an said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the QTday of LdIfI&
, 2004.
Approval Recommended:
Transportation and Public Works
Department
C 0 fl t r R c t A u t lic,r 1.z a i o,i i
Robert 6node, P. E.
Date Director
ATTEST: City Of Fort Worth
B yt:
arc Ott
City Secretary Assistant City Manager
Approved as to Form:
9&� ..
Assistant Ny Attorney
ATTEST: DEVELOPER
Harvest Ridge, LP
Corporate Secretary By: Fourth Decade Co of 40
It's General Partn
B
Lee Nicol
President
R E C E 1� f 13
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2003004-00 TPW CFA-04-0805 JWM.doc5
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INTER-OFFICE CORRESPONDENCE
City of Fort Worth
Transportation/Public Works
TO: Those Listed Below
FROM Raquel Velasquez, Development Section
SUBJECT PROPOSED COMMUNITY FACILITIES FOR:
HARVEST RIDGE, PH III
CFA Code: 2004121 PLAT NO: PP01021
Attached is a request for a proposed CFA dated for referenced project
from JEFFREY W. MANNON with[DUNAWAY ASSOCIATES, INC.
Cost Estimates and Exhibits are included. Please furnish the information required
for preparation of your section of the contract.
Developer:
HARVEST RIDGE, LP
Comments: INFORMAL [I FORMAL El
8/18/04 COST ESTIMATES TO BE ROUTED
cc: Ronnie Varnell (Signals)
Chuck Snyder(Street Signs)
Peggy Chaney (Water Dept.)
Dwight Sanders (Street Lights)
David Creek (PACS)
Wednesday,August 18, 2004 7 ... ...........—Page
ENGINEER'S OPINION
OF
PROBABLE CONSTRUCTION COST
HARVEST RIDGE PHASE 3
City of Fort Worth
DAI No. 2003-004-00 30-Jul-04
105 Lots 21.873 Acres
CONSTRUCTION COST
1. WATER DISTRIBUTION SYSTEM $124,6216.85
11. SANITARY SEWER COLLECTION SYSTEM $131,146.10
Ill. STORM DRAIN SYSTEM $276,935.00
IV. PAVING $303,210.80
TOTAL PROBABLE CONSTRUCTION COST $835,918.75
MISCELLANEOUS COSTS
WATER DEPT INSPECTION FEE (2%) (ITEMS I & 11) $5,115.46
T&PW INSPECTION FEE (4%) (ITEMS Ill &IV) $23,205.83
RECEIVED
AUG Q 5 2004
2003004OPCCCFA04-0730 ime.xls Paqe 1 of 1
III. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 3 EA $ 01000 $00, 000 . 00
MID-BLOCK RESIDENTIAL 4 EA $ 0, 000 $00, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 5 EA $ 0, 000 $00, 000 . 00
MID-BLOCK COLLECTOR 0 EA $ 0, 000 $ --0--
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 0, 000 $ --0—
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 0, 000 $ __0__
RELOCATE EXISTING LIGHT 0 EA $ 0, 000 $ --0--
0 (200 watt lights) x $7 . 05 (per light) x 24 months = $00, 000 . 00
12 (100 watt lights) x $6. 50 (per light) x 24 months = $1,872. 00
Total: $1,872,00
The Street Lights will be installed by TRI County Electric Cooperative
the developers initial 24- month power charge will be $1 ,872.00.
After the initial 24-month power charge the City of Fort Worth, WILL
ASSUME THE POWER COST.
CFA CODE #2004121
,,*V�:HARVEST RIDGE, PHASE I I I
August 24 , 2004
Fort Worth, Texas August 25, 2004
PAGE I OF EXHIBIT C
l
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) 871-6596 to insure proper inspection of
work.
TOTAL DEVELOPER' S COST $1,872.00
HARVEST RIDGE, PHASE III
August 24 , 2004
Fort Worth, Texas August 24, 2004
PAGE II OF EXHIBIT C
CFA CODE #2004121
IF"
"STREET LIGHTS"
INTERSECTIONS
PADRE AVE & RAVENSBROOK CT 1
PADRE AVE & NATURE DR 1
PADRE AVE & PADRE CT 1
MID - BLOCK
PADRE AVE 3
PADRE CT 1
CHANGE OF DIRECTIONS
RAVENSBROOK CT 2
PADRE CT 1
PADRE AVE 2
HARVEST RIDGE, 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 three (3) intersections at a cost
to the Developer of$300.00:
Padre Av & Nature Dr
Padre Av & Ravensbrook Ct
Padre Av & Padre Ct
Harvest Ridge, Phase III
CFA code: 2004121 August 20, 2004