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HomeMy WebLinkAboutContract 32017 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Vista Trail, Ltd. , hereinafter called "Developer", desires to make certain improvements to Lake Vista Estates 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 Matt Speight, Manager Vista Trail GP, L.L.C.. , 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 Il, 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 11, of the Policy. CFW-tpw cfa(2) 1 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 gf kers,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 shown on the exhibits attached hereto. The following exhibits are made a part hereof. CFW-tpw cfa(2) 2 Water (A) None; Sewer(A-1)None; Paving (B) attached; Storm Drain (13- 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, 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, 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 be $326,250.40. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 261,724.40 $ 261,724.40 2. Storm Drainage $ 32,555.00 $ 32,555.00 3. Street Lights $ 19.800.00 $ 19.800.00 4. Street Name Signs $ 400.00 $ 400.00 B. Engineering Design C. Construction Engineering and Management by DOE $ 11,771.00 $ 11,771.00 4% $ 326,250.40 $ 326,250.40 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. CFW-tpw cfa.doc 3 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, agcy said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the day of 2005. Approval Recommended: Transportation and Public Works Department Roberf Goode, P. E. Director Ci f Fo o h tNO M&C REQUIRED ` Marc Assistant City Manager ATTEST: •tIMar Hendrix City Secretary Appro as to Form: �L Assistity tto ey ATTEST: DEVELOPER: Vista Trail, Ltd. By: Corporate Secretary Matt SpeighqAanaVista Trail , It's General Partner CFW-tpw cfa(2) 4 Opinion of Probable Cost DATE: 3.10.05 JOB NO.: 02-140 OWNER: VISTA TRAIL, LTD. PROJECT: LAKE VISTA ESTATES: SUMMARY ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST DEVELOPER COST _ 1 Water Lines (Exhibit A) $116,118.50 Inspection Fee (2%) $2,322.00 2 Sanitary Sewer (Exhibit A-1) _ $139,818.25 Inspection Fee (2%) $2,796.00 3 Streets (Exhibit B) $261,724.40 Inspection Fee (4%) $10,469.00 4 Storm Drain (Exhibit B-1) $32,555.00 Inspection Fee (4%) $1,302.00 5 Street Lights & Street Signs(Exhibit C) $18,000.00 TOTAL DEVELOPER COST $585,105.15 CITY COST 1 Water Lines (Exhibit A) $0.00 2 Sanitary Sewer (Exhibit A-1) _ $0.00 3 Streets (Exhibit B) $0.00 4 Storm Drain (Exhibit B-1) $0.00 5 Street Lights & Street Signs (Exhibit C) $0.00 TOTAL CITY COST $0.00 PROJECT TOTAL $585,105.15 PREPARED: OL CHECKED BY: SHEET NO.: 1 CIVILworks Engineering 1 192 Boling Ranch Road * Azle, Texas 76020 * Phone (817 ) 448-9595 * Fox (817 ) 448-6390 Opinion of Probable Cost DATE: 3.10.05 JOB No.: 02-140 OWNER: VISTA TRAIL, LTD. PROJECT: LAKE VISTA ESTATES : EXHIBIT B - STREETS ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST DEVELOPER COST 1 6"Concrete Pavement 10,152 S.Y. 20.95 $212,684.40 2 6" Lime Stabilized Subgrade 10800 S.Y. 1.75 $18,900.00 3 Lime (6%) 162 Ton 98.00 $15,876.00 4 7"Attached Concrete Curb 5,824 L.F. 1.00 $5,824.00 5 Standard Dead End Barricade 1 Ea. 500.00 $500.00 6 4' Wide Concrete Sidewalk 2240 L.F. 2.25 $5,040.00 7 Standard Handicap Ramp 1 Ea. 650.00 $650.00 8 Type A Rock Rip-rap 45 S.Y. 50.00 $2,250.00 Subtotal Developer Cost $261,724.40 Inspection Fee (4%) $10,469.00 PREPARED: OL CHECKED BY: SHEET NO.: 4 CIVILworks Engineering 1 192 Boling Ranch Road * Azle, Texas 76020 Phone (817) 448-9595 * Fox(817) 448-6390 Opinion of Probable Cost DATE: 3.10.05 JOB NO.: 02-140 OWNER: VISTA TRAIL, LTD. PROJECT: LAKE VISTA ESTATES : EXHIBIT B-1 - STORM DRAIN ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST DEVELOPER COST 1 Standard 10' Curb Inlet 1 Ea. 2,000.00 $2,000.00 2 Standard 15' Curb Inlet 2 Ea. 2,600.00 $5,200.00 3 Standard 4' Square SDM_ H 1 Ea. 1,950.00 $1,950.00 4 24"Class III RCP 305 L.F. 40.00 $12,200.00 5 36" Class III RCP 50 L.F. 55.00 $2,750.00 6 24" 4:1 Conc. Sloped End Treatment_ 1 Ea. 1,500.00 _ $1,500.00 7 24" 4:1 Conc. Sloped End Treatment 1 Ea. 1,600.00 $1,600.00 8 Curb Inlet Sediment Filter 3 Ea. 150.00 $450.00 9 1' Thick Gabion Matress 70 S.Y. 65.00 $4,550.00 10 Trench Safety 355 L.F. 1.00 $355.00 Subtotal Developer Cost $32,555.00 Inspection Fee (4%) $1,302.00 PREPARED: OL CHECKED BY: SHEET NO.: 5 CIVILworks Engineering 1 192 Boling Ranch Road * Azle. Texas 76020 * Phone (81 7) 448-9595 * Fax(817) 448-6390 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 4 EA $ 2, 200 $8, 800 . 00 MID-BLOCK RESIDENTIAL 2 EA $ 2, 200 $4, 400 . 00 CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 2, 200 $6, 600 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 200 $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 $19,800.00 City' s Cost $00 ,000 . 00 Developer's Subtotal $19,800 . 00 10% Contingencies $00,000. 00 Project Total $19,800.00 Adjacent Developer's Cost $00,000 . 00 Developer's Cost $19,800 . 00 2% Inspection Fee $00 ,000 . 00 CFA #2005041 DEVELOPER' S COST: $19,800 . 00 LAKE VISTA ESTATES April 4, 2005 Fort Worth, Texas April 4, 2005 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: $19,800.00 LAKE VISTA ESTATES April 4, 2005 FORT WORTH, TEXAS CFA CODE #2005041 Page II of Exhibit C III . "STREETLIGHTS" INTERSECTIONS LAKE VISTA DR & LAS VEGAS TRL 1 LAKE VISTA DR & VISTA ROYALE DR 2 LAKE VISTA DR & LAKE CT 1 MID BLOCK VISTA ROYALE DR 2 CHANGE OF DIRECTIONS VISTA ROYALE DR 1 LAKE VISTA DR 1 LAKE CT 1 LAKE VISTA ESTATES 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. 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