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HomeMy WebLinkAboutContract 31444 03-02-O5Au3 : 07 RCVD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. w yl WHEREAS, Mint Creek, Ltd. by Mint Creek Development, LLC, General Partner hereinafter called "Developer", desires to make certain improvements to Liberty Crossing Phase I, 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 Harry Utzig, its duly authorized Managing 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 I1, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section Il, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section I1, of the Policy. Liberty Crossing CFA REVISED FORMATIWITH 4% 12 22 04 ', j j ;t'�.-71 ... 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 shown on the exhibits attached hereto. The following exhibits are made a part hereof: Liberty Crossing CFA REVISED FORMAT2WITH 4% 12 22 04 ' "u 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, 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 $1,052,609.00. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $784,067.00 $ 15,306.00 $ 799,373.00 2. Storm Drainage $178,468.00 - $ 178,468.00 3. Street Lights $11,400.00 $ 42,200.00 $ 53,600.00 4. Street Name Signs $0.00 $ 1,000.00 $ 1,000.00 B. Engineering Design $ 918.00 $ 918.00 C. Construction Engineering and Management by DOE (2%), $ 19,250.00 $ 19,250.00 TOTALS $ 993,185.00 $ 59,424.00 $ 1,052,609.00 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 fo the cost of the sidewalk. 2. Developer's column for Item C represents four percen %) cost for construction- i spection fees and materials testing. The City will pay additional inspection fee over (- /o. 3. City not preparing plans and specifications. Liberty Crossing CFA REVISED FORMAT3WITH 4% 12 22 04 f 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 `� , 200/j'4&— Approval 00/j'4j—Approval Recommended: Transportation and Public Works Department Aut oriz tion Robe ode, P. E. Date Director ATTEST: ty f F Wort Nl'dv��1 �r x M c Ott City Secretary Assistant City Manager pr ved as to rm: f; c-� Assi t C. Attorney ATTEST: DEVELOPER Mint Creek, Ltd. By: Mint Creek Development, LLC Its General Partner By: Corporate Secretary Harry U i anaging Partner C' I cfa signature sheet.doc 1 %�1�' `�r c"S?; Q F N w z w w = r 0 z N 1- I i W E ' m 3 HICKS0 S 0 Creekn a c > 3 in cr y� rn 3 w z � a YPROJECT a LOCATION 0 F o HARMON x a FORT WORTH FOR-WORTH CITY LIMITidl' 4GlNAY+L._. .. .__. AI Y- OSW i LHD 1 YCTD I =� 0 CV c o iL GICA ll ED N a CC ffTY OF FORT WORTH9 TEXAS V r a rn N 0 U T N OWNED/DEVELOPED BY: PREPARED BY. i Mint Creek, LTD. 0OODWEN-1 `0 10004 Candlebrook Drive Dallas, Dallas,Texas 75243 CIVIL ENGINEERS-PLANNERS-SURVEYORS 1.0 m (214)663-3124 6001 Bridge Street,Suite 100,Fort Worth Texas 76112 JUNE, 2903 M W N m j1y �y o 0 ` N r � O 0 WV T -= n. z m m o gO m� co 3: W F m / Q ad N� N� 00 U� SO 2r W OD oris\ 0 00 �a La �_.; Z �� 0p on w om oQ oQ W �F O� OO cr_x co i co N LU LD V ' J_ o �y—�— v J tlOV7�; C\j LU i z O CX cc CD cx PQ all t. ,pk m 0 LO N CO y 0 L-)0 F— LLJ z LLJ w <0 LLI UA M 1717 01- L, O O N o LL CL / N � o / V ( N O l00 CL OD V _ O O "• O O_ Q O y N O a a N W 0 t Ixt a--- ,ve� w w LLJ _—^� - �' r1 Z Q N r- I I <t �.. cn LLJ c7 LU 0) O cn C2 I - o o tY m VV O N O x Q0 �' ,I _ -- rY d w a 7�Y27�7<I07t6�1C I _ C\l Cf I N LL L) U) u .., (L C%j Bq la cr 0 o 0 a_ LLJ L'i LLJD N -a z Cf,* —J pe) z LO E O0cr cr 0 LLL 0 F- C) U) U) LLJ U) M Fn 0 0 LU 0- a- U) 0 CL LLJ a. rA -A cr k Ld 75� I C in \, N \ LL O O O N \ O M A Q 2 � p, o T N y W °c o a N Uf I Q w d S CO O ° O w pLr u LA U) w e m a N N ' 3 tri ' o Nr OO P�� � 1 � m 0 ~ K7 N a, tG O N ' A EF�� • _ � k .y 1 q m O N P � In IWO" N CD N 1 1� �`./•t C 3 1�1 CD v fG1 to O G) v N SQ ❑ LJ 1 v cm a1 W TTT � U N q t2 U p to ' Y :.I r o m o v co N C4 a a n? 'N I ' � N S � M o 0 O N N a � M W g� A a s N 2 Q V 6 a a o V T n / 9 � P qrf a _ Z a o a x / W n _ co ' O_ a W I - N W M �~ W ■ O U O a_ 1 in tim Lo F O N: N Lam'. 60 E o v \ Z o o 0n0 a W y U <0 �l (9 r_ U a) Q a N N BMJ m d :v C p s� W r ■ _ = U d �—i O y U c7 y tea. cm m o �JM F m � xr e c' g r NJd W W qq m C4 c F a.! c' ��l 7.6' !M7 IBX o c _ a M 0-1 m Q m M la1 CL O2 r a� G®®DWINQ CIVIL ENGINEERS — PLANNERS — SURVEYORS Al1E S H[Al] LOZ ENGINEER'S OPINION OF PROBABLE COST Date: 5/27/03 Project: Liberty Crossing Client: Liberty Crossing Phase 1 Partners, Ltd. Job No: 10085 Location: Fort Worth, Texas Page: 1 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST On-Site Paving Facilities 1. 8" Concrete Pavement * S.Y. 11,983 $18.95 $227,077.85 2. 6" Concrete Pavement S.Y. 22,039 $15.85 $349,318.15 3. Lime Stabilized Subgrade* S.Y. 35,958 $2.25 $80,905.50 4. Barrier Free Ramps Ea. 26 $450.00 $11,700.00 5. Connect to Existing L.F. 166 $6.00 $996.00 6. Pavement Marking L.S. 1 $5,500.00 $5,500.00 7. 4' Concrete Sidewalk L.F. 3,518 $10.60 $37,290.80 (Thoroughfare and Non-Residential) 10% Contingency $71,278.83 Paving Subtotal $784,067.13 *Cost participation by Transportation/Public Works for 722 S.Y. 8" Concrete for median breaks on Heritage Trace Pkwy is $13,681.90, and 722 S.Y. lime treated subgrade is $1,624.50. Total Cost Participation T/PW $15,306.40 1. 4' Concrete Sidewalk L.F. 12,100 $10.60 $128,260.00 (Residential) 10% Contingency $12,826.00 Paving Subtotal $141,086.00 A separate Sidewalk Bond in the amount of$141,086.00 shall be provided for the construction of the sidewalk that fronts on residential lots. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. 6001 BRIDGE STREET,SUITE 100/ FORT WORTH,TExas 76112/ 817-429-4373 (METRO)/ 817-446-3116 (Fax) ENGINEER'S OPINION OF PROBABLE COST Date: 5/27/03 Project: Liberty Crossing Client: Liberty Crossing Phase 1 Partners, Ltd. Job No: 10085 Location: Fort Worth, Texas Page: 2 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Storm Drain Facilities 1. 15' Depressed Curb Inlets Ea. 2 $3,380.00 $6,760.00 2. 10'Depressed Curb Inlets Ea. 11 $2,500.00 $27,500.00 3. 21" R.C.P. L.F. 139 $42.00 $5,838.00 4. 24" R.C.P. L.F. 1,113 $45.00 $50,085.00 5. 27" R.C.P. L.F. 151 $50.00 $7,550.00 6. 33" R.C.P. L.F. 283 $62.00 $17,546.00 7. 36" R.C.P. L.F. 364 $70.00 $25,480.00 8. 4' Storm Drain MH Ea. 2 $3,300.00 $6,600.00 9. 24" Sloped End Headwall Ea. 3 $1,005.00 $3,015.00 10. 27" Sloped End Headwall Ea. 1 $1,035.00 $1,035.00 11. 33" Sloped End Headwall Ea. 1 $1,150.00 $1,150.00 12. 36" Sloped End Headwall Ea. 1 $1,235.00 $1,235.00 13. Class "A" Dry Rock Riprap S.Y. 80 $80.00 $6,400.00 14. Trench Safety L.F. 2,050 $1.00 $2,050.00 10% Contingency $16,224.40 Storm Drain Subtotal $178,468.40 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 5/27/03 Project: Liberty Crossing Client: Liberty Crossing Phase 1 Partners, Ltd. Job No: 10085 Location: Fort Worth, Texas Page: 3 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST City Fees 1. Street Light Conduits L.F. 5,896 $6.50 $38,324.00 2. Street Light Bases Ea. 26 $475.00 $12,350.00 3. Street Signs Ea. 12 $80.00 $960.00 10% Contingency $5,163.40 City Fees Subtotal $56,797.40 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. III . STREET LIGHTS : 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 8 EA $ 2, 000 $16 , 000 .00 MID-BLOCK RESIDENTIAL 6 EA $ 2 , 000 $12 , 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2 , 000 $8•, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK ARTERIAL PARKWAY 8 EA $ 2, 200 $17, 600 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2 ,200 $0 , 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0 , 000 . 00 Subtotal $53 , 600 . 00 City' s Cost $42 , 200 . 00 Developer' s Subtotal $0 , 000 . 00 10% Contingencies $0, 000 . 00 Project Total $53 , 600 . 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" LIBERTY CROSSING, PHASE I July 3, 2003 Fort Worth, Texas July 3, 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" . 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 . 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 . 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) 871-8100 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 . LIBERTY CROSSING, PHASE I July 3, 2003 Page 2 of Exhibit C "STREET LIGHTS" INTERSECTIONS LIBERTY CROSSING DR & COMMANCHE RIDGE DR 1 LIBERTY CROSSING DR & OLD WEST TRL 1 LIBERTY CROSSING DR & CONESTOGA DR 1 LIBERTY CROSSING DR & TRAIL BLAZER DR 1 TRAIL BLAZER DR & OLD WEST TRL 1 TRAIL BLAZER DR & CONESTEGA DR 1 COMMANCHE RIDGE DR & DOVERS LN 1 OLD WEST TRL & DOVERS LN 1 MID - BLOCK LIBERTY CROSSING DR 1 COMMANCHE RIDGE DR 2 OLD WEST TRL 1 CONESTOGA DR 2 CHANGE OF DIRECTION LIBERTY CROSSING DR 1 COMMANCHE RIDGE DR 1 OLD WEST TRL 1 TRAIL BLAZER DR 1 MID - BLOCK ARTERIAL PKWY HERITAGE TRACE PARKWAY 8 (DOUBLE ARMS) LIBERTY CROSSING, 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 ten (10) intersections at a cost to the City of $1000. 00 : Drovers Lane and Heritage Trace Parkway Drovers Lane and Comanche Ridge Drive Drovers Lane and Old West Trail Liberty Crossing Drive and Heritage Trace Parkway Liberty Crossing Drive and Comanche Ridge Drive Liberty Crossing Drive and Old West Trail Liberty Crossing Drive and Second-Unnamed Street Trail Blazer Drive and Old West Trail Trail Blazer Drive and Second-Unnamed Street Trail Blazer Drive and Liberty Crossing Drive Liberty Crossing = Phase I - Fort Worth, Texas Date: August 6, 2003 IV-1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/14/2004 DATE: Tuesday, December 14, 2004 LOG NAME: 20LIBERTY REFERENCE NO.: C-20443 SUBJECT: Execute Community Facilities Agreement with Mint Creek, Ltd. for the Installation of Community Facilities for Liberty Crossing Phase I RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a community facilities agreement with Mint Creek, Ltd., for the installation of community facilities for Liberty Crossing, Phase I located on FM 156. DISCUSSION: On April 22, 2003 (M&C G-13956), the City Council approved funds in the amount of $3.28 million to be moved from the Special Assessments Fund to supplement the 1998 Capital Improvement Program new development funds. This project was included in the list of 83 projects submitted to the City prior to July 29, 2003, when the City Council placed a moratorium on City participation in community facilities agreements for street, storm drain, street lights and street name signs facilities. Mint Creek, Ltd. by Mint Creek Development, L.L.C., its General Partner, the developer, has executed a proposed contract for community facilities to serve Liberty Crossing Phase I located on FM 156 north of Harmon Road and south of Heritage Trace Parkway. City participation is for streets, street lights, street name signs and engineering design. The developer is responsible for the storm drain improvements and sidewalks along the interior streets. The community facilities agreement is in compliance with the City's Policy for Installation of Community Facilities. The estimated cost of the community facilities is as follows and subject to actual bid price. ESTIMATED COST DEVELOPER CITY TOTAL Street Improvements $784,067.00 $15,306.00 $799,373.00 Design Engineering N/A $918.00 $918.00 Construction Inspection Fees $15,681.00 (") $15,681.00 Storm Drain Improvements $178,468.00 $0.00 $178,468.00 Design Engineering N/A N/A Construction Inspection Fees $3,569.00 (") $3,569.00 Street Lights $11,400.00 $42,200.00 $53,600.00 Street Name Signs $0.00 $1,000.00 $1,000.00 Logname: 20LIBERTY Page I of 2 Total Estimated Costs $993,185.00 $59,424.00 $1,052,609.00 (`) The City's portion of construction inspection fees are calculated based on actual street and storm drain construction costs over the 2% cap paid by the developer, as per the Community Facilities Agreement policy, in place at the time of this project. PLAN COMMISSION APPROVAL - On October 23, 2002, the Plan Commission approved the preliminary plat (PP 002-075). The final plat (FP 003-058) has been filed of record on July 16, 2004. The development is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C115 541200 020115136420 $15,306.00 C115 531200 020115136420 $918.00 C115 541200 020115136801 $42,200.00 C115 541200 020115136802 $1,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Christa Sharpe (8009) Logname: 20LIBERTY Page 2 of 2