HomeMy WebLinkAboutContract 31037 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. l lI
WHEREAS, J. C. Pace Ltd., hereinafter called "Developer", desires to make
certain improvements to Lot 6, Block 1, Pace-Alsbury Villlage, 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 JCP Holding, L. P., its general
partner, acting herein by and through JCP Holding Genpar, LLC, its duly authorized
general partner, acting herein by and through JC Pace Holding Company, its sole
member, acting herein by and through Joe K. Pace, 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 II, 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.
Pace Alsbury Village CFA.doc
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
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.
I _
Pace Alsbury Village CFA.doc 2 -
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L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof.-
Water
ereof: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, 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, 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 $90,840.80.
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $70,865.00 $ 70,865.00
2. Storm Drainage $12,155.00 $ 12,155.00
3. Street Lights $4,400.00 $ 4,400.00
4. Street Name Signs $100.00 $ 100.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE 4°/0 $ 3,320.80 1 $ 3,320.80
TOTALS $ 90,840.80 $ - $ 90,840.80
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.
Pace Alsbury Village CFA.doc 3
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.
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 day of
`-: 4.
Approval Recommended:
ATTEST: Transportation and Public Works
Department
Marty Hendrix 0 Robert oode, P. E.
City Secretary Director
Approved as to Fonn and Legality: City of Fort Wo h
r
By:
Assistant City Attorney Marc Ott
Assistant City Manager
I16 CqL� LL�LaLn DEVELOPER
J. C. Pace, Ltd
Contract Authorizatioa By: JCP Holding L. P.,
Its General Partner
Date By: JCP Holding Genpar, LLC
Its General Partner
By: JC Pace Holding Company
ATTEST: Its Sole Member
By:
Corporate Lle K. Pace, President
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Pace Alsbury Village CFA.doc 4
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PACE-ALSBURY VILLAGE RECEIVED
PAVING IMPR 0 VEMENTS " EXHIBIT B" OCT 0 8 2004
CITY OF FORT WORTH
09-14-2004 15, 12 96035 MAP NO . 2054-324
CFA Exhibit Paving 96035.dwg DOE # 4597
0 60 120
ANNIA WIER & ASSOCIATES, INC.
WIA, WIER & ASSOCIATES, INC.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
DATE: 14-Sep-04
CLIENT: J.C. Pace, Ltd.
PROJECT: Pace-Alsbury Village w&A JOB NO: 96035
TOTAL UNIT
ITEM NO. DESCRIPTION OF ITEM QUANTITY UNIT PRICE COST
UNIT B: PAVING IMPROVEMENTS
1 6" Lime Stabilized Sub rade 1914 SY $ 5.00 $ 9,570.00
2 Lime Stabilization @ 30 lbs/SY) 29 TON $ 100.00 $ 2,900.00
3 6"-3,600 psi Reinforced Concrete Paving 1862 SY $ 20.00 $ 37,240.00
4 4' Sidewalk 124 SY $ 22.00 $ 2,728.00
5 Type I Sidewalk Ramp 1 EA $ 350.00 $ 350.00
6 Permanant Street Barricade 36 LF $ 35.00 $ 1,260.00
7 Sawcut and Remove Existing Paving 306 SY $ 6.00 $ 1,836.00
8 Unclassified Excavation 836 CY $ 3.50 $ 2,926.00
9 Compacted Fill 570 CY $ 7.00 $ 3,990.00
10 H dromulch Parkways 823 SY $ 1.00 $ 823.00
11 Adjust Sanitary Sewer Manhole to Finished Grade 1 EA $ 200.00 $ 200.00
12 Adjust Water Valve to Finished Grade 3 EA $ 200.00 $ 600.00
SUBTOTAL $ 64,423.00
10%CONTINGENCY $ 6,442.30
TOTAL PAVING IMPROVEMENTS $ 70,865.30
Since the design professional has no control over the cast of labor,materials,or equipment,or over the contractor's method
of determining prices,or over the competitive bidding or market conditions,his opinions of probable cast provided for herein
are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design
professional familiar with the construction industry. However,the design professional can not and does not guarantee that
proposals,bids,or construction cast will not vary from the opinions of probable cast he has prepared. If the owner wishes
greater assurance as to the construction cost,he shall employ an independent cost estimator.
Prepared by: AJK
Checked by: CCC
10/5/2004 Page 1 of 1 CFA Paving Cost Opinion 9-14-04 96035.xls
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PACE-AL SB UR Y VILLAGE
STORM DRAINAGE IMPR 0 VEMENT S "EXHIBIT B- 1 "
CITY OF FORT WORTH
08-12-2004 15,42 96035 MAP NO . 2054-324
CFA Exhibit Drainage 96035.dwg DOE # ��6�-_-
0 20 40
ANAVIR WIER 9 ASSOCIA,TI81 INC.
V//A&, WIER & ASSOCIATES, INC.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
DATE: 14-Sep-04
CLIENT: J.C. Pace, Ltd.
PROJECT: Pace-Alsbury Village w&A JOB NO: 96035
TOTAL UNIT
ITEM NO. DESCRIPTION OF ITEM QUANTITY UNIT PRICE COST
UNIT B-1: STORM DRAINAGE IMPROVEMENTS
1 21" RCP with Class III Trench 65 LF $ 42.00 $ 2,730.00
2 Remove Existing 10' Curb Inlet 1 EA $ 400.00 $ 400.00
3 10' Curb Inlet 2 EA $ 2,300.00 $ 4,600.00
4 6" Rock Rip-Rap 93 SY $ 35.00 $ 3,255.00
5 Trench Safety Systems 65 LF $ 1.00 $ 65.00
SUBTOTAL $ 11,050.00
10%CONTINGENCY $ 1,105.00
TOTAL STORM DRAINAGE IMPROVEMENTS $ 12,155.00
Since the design professional has no control over the cost of labor,materials,or equipment,or over the contractors method
of determining prices,or over the competitive bidding or market conditions,his opinions of probable cost provided for herein
are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design
professional familiar with the construction industry. However,the design professional can not and does not guarantee that
proposals,bids,or construction cost will not vary from the opinions of probable cost he has prepared. If the owner wishes
greater assurance as to the construction cost,he shall employ an independent cost estimator.
Prepared by AJK
Checked by: CCC
RECEIVED
10/5/2004 Page 1 of 1 CFA SO Cost Opinion 96035 91404.xls
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LOT 6, BLOCK 1 Q I I I LOT 4, BLOCK 1
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PACE-ALSBURY VILLAGE PACE-ALSBURY VILLAGE- CABINET A. SLIDE 3137
P.R.T.C.T.CABINET SLIDE 3137 I V 1 I I P.R.T.C.T.
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ISTIN G JAKE
PROPOSED 2' PVC CONDUIT 1 ��� - -_
R�PROPOSED CONDUIT CONNECTION
TO EXISTING POWER POLE
CITY OF FORT WORTH
09-20-2004 8137 96035 MAP NO . 2054-324
CFA Exhibit street lights and signs 96035.dwg DOE # 4597
0 60 120
RECEIVED
PACE-ALSBURY VILLAGE ' ��`t
EXHIBIT C - STREET LIGHTS ANDG _. -
WIER & ASSCCEIOESS INC.
J , .
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 1 EA $ 2, 000 $2, 000 . 00
MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2, 000 $2, 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 $4,000 . 00
City' s Cost $00, 000 . 00
Developer' s Subtotal $4,000. 00
10% Contingencies $0,400.00
Project Total $4,400.00
Adjacent Developer's Cost $0,000. 00
Developer's Cost $4,400.00
2% Inspection Fee $0 ,00.00
CFA CODE #2004149
DEVELOPER'S COST: $4 ,400.00
PACE-ALSBURY VILLAGE
November 1, 2004
Fort Worth, Texas
November 1, 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: $4,400.00
PACE-ALSBURY VILLAGE
November 1, 2004
FORT WORTH, TEXAS
CFA CODE #2004149
Page II of Exhibit C
=ntIL7 "
II2.
"STREETLIGHTS"
INTERSECTIONS
JAKE CT & JAKE CT 1
CHANGE OF DIRECTIONS
JAKE C T 1
PACE-ALSBURY VILLAGE
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 one (1) intersections at a cost
to the Developer of $100.00:
Jake Ct & Jake Ct
Pace Alsbury Village
CFA code: 2004149 October 19, 2004
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