HomeMy WebLinkAboutContract 30812 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. r
WHEREAS, AVENTINE TARRANT PARKWAY APARTMENTS, L.P.
hereinafter called "Developer", desires to make certain improvements to AVENTINE AT
PARKWAY, 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 AVENTINE TARRANT
PARKWAY APARTMENTSILLC, 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 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 infrastructte
-;small ;be,;
administered in conformance with paragraph 8, Section II, of Policy._=
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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).
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).
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 shcrmi ow4h -- ,
exhibits attached hereto. The following exhibits are made a part hereof: "
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Water(A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (B-
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, 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, B1,
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 $ 60,540.48.
Summary Of
Cost
Aventine at
Parkway
Addition
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $11,352.00 $11,352.00
2. Storm Drainage $46,860.00 $46,860.00
3. Street Lights N/A -0- $ -
4. Street Name Signs N/A $ -
B. Engineering Design $ -
C. Construction Engineering $ - $ -
and Management by DOE
4% $2,328.48 x$2,328.48
TOTALS $60,540.48 $ - F60,540.4
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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.
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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 tiday of
2004.
Approval Recommended:
Transportation and Public Works
ATTEST: Department
Robert Goode, P. E.
Marty Hendrix Director
City Secretary
City Of Fort Worth
Contract ruthorizatioR
-- Marc Ott
Date
Assistant City Manager
Approved as to Form:
*stantCityAttorney
ATTEST- DEVELOPER
By:
Corporate Secretary AVENTINE T BRANT PARKWAY APARMENTS, LP
AVENTINE TARRANT PARKWAY APARTMENT 7T� L
GENERALPARTNER
MARK WOLCOTT,MANAGER
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
j Aventine at Parkway
r Addition
IY-
WATER PROJECT NO. P 1 64-060'164015211
SANITARY SEWER PROJECT NO. P174-070174013211
DOE NO.4629
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` Mike Moncnief Gary W. Jackson
MAYOR CITY MANAGER
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A. DOUGLAS RADEMAKER, P.E., DIRECTOR
DEPARTMENT OF ENGINEERING
PREPARED BY:
HUNTER ASSOCIATES TEXAS, LTD.
8140 WALNUT HILL LANE , SUITE 500 r`
DALLAS TEXAS 75231 I
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UNIT III: STORM DRAIN
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
I. 7652 C.Y. Excavation For Earthen Channel,
Per Cubic Yard:
Five Dollars
And no Cents $ 5.00 $ 38,260.00
2. 2 Ea. Sloped Headwall
Each
Eight Hundred Dollars
And no Cents $ 800.00 $ 1,600.00
3. 200 L.F. 12" R.C.P. Culvert Pipe
Per Linear Foot
Thirty Five Dollars
And no Cents $ 35.00 $ 7,000.00
(Furnish and install, including all appurtenant work, complete in place, the following
items)
TOTAL AMOUNT BID STORM DRAIN $ 46,860.00
B-6
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UNIT IV: PAVING IMPROVEMENTS
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
�1 (Furnish and install, including all appurtenant work, complete in place, the following
items)
1 516 S.Y. 6" 3500 p.s.i. Reinforced Concrete
Pavement
Twenly Two Dollars and no Cents per $ 22.00 $ 11,352.00
S.Y.
TOTAL AMOUNT BID PAVING IMPROVEMENTS $ 11 352.00
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B-7
TOTAL AMOUNT BID WATER $ 93,716.00
TOTAL AMOUNT BID SEWER (Off-Site) $ 20,599.00
TOTAL AMOUNT BID SEWER (On-Site) $ 32,255.00
TOTAL AMOUNT BID STORM DRAIN $ 46,860.00
TOTAL AMOUNT BID PAVING IMPROVEMENTS $ 11,352.00
GRAND TOTAL AMOUNT BID $ 204,782.00
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IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year
and day first above written.
Aventine ]Arrant Parkway Apartments,L.F. Site Concrete,Inc.
Party of e irst rt Party of the Second Part
(DEVE ) (CON CTOR))
By: By:
n J
� Je S. Boney - President
ATTE T: TEST:
Page 2 of 2 of Standard Form of Agreement
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I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 000 .00
MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK ARTERIAL PARKWAY 2 EA $ 2, 500 $5, 000 . 00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 500 $0, 000. 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000. 00
Subtotal $5,000 . 00
City' s Cost $00, 000 . 00
Developer's Subtotal $5,000. 00
10% Contingencies $500. 00
Project Total $5,500.00
Adjacent Developer's Cost $0,000.00
Developer's Cost $5,500.00
2% Inspection Fee $0,00.00
CFA CODE #2004138
DEVELOPER' S COST: $5,500. 00
October 4 , 2004
AVENTINE AT PARKWAY
Fort Worth, Texas
October 19, 2004
PAGE I OF Exhibit C
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: $5,500.00
AVENTINE AT PARKWAY
October 4, 2004
FORT WORTH, TEXAS
CFA CODE #2004138
Page II of Exhibit C
III.
"STREETLIGHTS"
MID- BLOCK ARTERIAL PKWY
N. TARRANT PKWY 2 (DOUBLE ARM POLES)
AVENTINE AT PARKWAY
Page III of Exhibit C
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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 zero (0) intersections at a cost
to the Developer of$0.00:
(Private, apartment complex)
Aventine at Parkway
CFA code: 2004138 September 28, 2004