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HomeMy WebLinkAboutContract 32850 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.84M WHEREAS, DeBartolo Eastchase LLP, hereinafter called "Developer", desires to make certain improvements to Triland Eastchase Addition, 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: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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 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 II, of the Policy. �•. Q N..1 1 Triland Eastchase Addn-Newer CFA 4% and Utilities 10 17 05.doc CITY SV,ANV"HKf 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 irduries, 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. Triland Eastchase Addn-Newer CFA 4% anct Utilities 10 17 05.doc � i.GV L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof. Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain (B-1) Attached; Street Lights and Signs (C) Attached. M. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. 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 $179,491.68. Triland Eastchase Addn-Newer CFA 4% ancBUtilities 10 17 05.doc SUMMARY OF COST Triland Eastchase Addition Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $13,698.00 13,698.00 2. Storm Drainage $158,794.00 158,794.00 3. Street Lights $0.00 $ - 4. Street Name Signs $100.00 100.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ F6,899.68 4% 6,899.68 TOTALS 179,491.68 $ - 179,491.68 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. Triland Eastchase Addn-Newer CFA 4% an4Utilities 10 17 05.doc ap c .. 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 2nd day of November,2005. Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director Ci of t t W Marc Ott =OMEit�hQUIRI;D Assistant City Manager ATTEST: Marty Hendrix City Secretary Approved to Form: RECEIVED Assistant COWtorney DEVELOPER DeBartolo Eastchase LLP By: DeBartolo Development, LLC Partner By: _ward M_ Kobeh� Triland Eastchase Addn-Newer CFA 4% and Utilities 10 17 05.doc PBury Partners Bury&Partners-DFW,Inc. E N G I N E E R I N G S O L U T I O N S 5310 Harvest Hill Road,Suite 100 Dallas,Texas 75230 Tel 972/991-0011 Fax 972/991-0278 PAVING(EXHIBIT B) DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST. 6-inch Reinf.Conc.Pavement 3600psi) 120 SY $ 22.00 $ 2,640 6"Moisture Condititioned Sub rade 120 SY $ 2.25 $ 270 Remove Existing Metal Beam Guard Fence 82 LF $ 4.00 $ 328 6"Integral Curb 80 LF $ 2.00 $ 160 Remove Existing Pavement 1 LS $ 2,000.00 $ 2,000 24"Curb&Gutter 100 LF $ 30.00 $ 3,000 5-foot wide reinf.Conc.Sidewalk 230 LF $20.00 $ 4,600 Type I Sidewalk Ram 2 EA $ 350.00 $ 700 Paving Subtotal: $ 13,698 STORM DRAIN EXHIBIT B-1) DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 54-inch RCP 296 LF $ 135.00 $ 39,960 60-inch RCP 73 LF $ 160.00 $ 11,680 72-inch RCP 385 LF $ 220.00 $ 84,700 Trench Safety 754 LF $ 1.00 $ 754 6'x6'Drop Inlet 1 EA $ 3,000.00 $ 3,000 6'X6'S uare Manhole 1 EA $ 3,500.00 $ 3,500 Connect to Existing 48"Storm Drain 1 EA $ 1,200.00 $ 1,200 Remove Existing Headwall 1 EA $ 1,500.00 $ 1,500 72-inch Sloped Hdwl. 1 EA $ 5,500.00 $ 5,500 Rock Rip Rap 200 SY 1 $ 35.00 $ 7,000 Storm Drain Subtotal: $ 158,794 GENERAL PROJECT COST SUMMARY DESCRIPTION TOTAL COST Water Department Water Exhibit A $ 151,737 Sewer Exhibit A-1 $ 54,296 Water/Sewer Subtotal: $ 206,033 2%Inspection Fee: $ 4,121 DESCRIPTION TOTAL COST Transportation&Public Works(TPW)Department Paving Exhibit B $ 13,698 Storm Drain Exhibit B-1 $ 158,794 TPW Subtotal: $ 172,492 4% TPW Inspection Fee: $ 6,900 TOTAL ESTIMATED COST:1 $ 378,525 Notes: 1. The Preliminary Opinion of Probable Construction cost is made by an engineer,not a professional cost estimator or construction contractor. The accuracy of the estimate is not guaranteed. 2. Estimate is based on City of Fort Worth unit price list&current construction costs. 3. Based on Civil Plans dated October 7,2005. V� �L•JbZ K Page 2 of 2 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 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 $00,000.00 City' s Cost $00,000 .00 Developer's Subtotal $00,000.00 10% Contingency $00,000.00 Project Total $00,000.00 Adjacent Developer' s Cost $00,000.00 Developer' s Cost $00,000.00 2% Inspection Fee $00,000.00 CFA CODE #2005095 DEVELOPER'S COST: TRILAND EASTCHASE ADDITION October 17, 2005 Fort Worth, Texas October 17, 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 its 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: TRILAND EASTCHASE ADDITION October 17, 2005 FORT WORTH, TEXAS CFA CODE #2005095 Page II of Exhibit C III "NO STREETLIGHTS" TRILAND EASTCHASE ADDITION 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) intersection at a cost to the Developer of$100.00: Eastchase Pkwy & Cottonwood Pkwy Triland Eastchase Add CFA code: 2005095 July 27, 2005 P, Z c- 0 �J Z O Z -0(n _ ;;a C r / c m JOHN T WHITE N M o ^ F �C7 a � ti F A � ^00 U) �yY EAS HASE P WY / O > G7 � O o D rn 0 O 0) O ^� 0 co r G O W m 7 Z D LOTS 2 THROUGH 7 r Bury+Partners zzZ BLOCK 1 ENGINEERING SOLUTIONS 0 V) TRILAND EASTCHASE ADDITION 5310 Harvest Hill Road, suite loo CITY OF FORT WORTH Dallas, Texas 75230 TARRANT COUNTY, TEXAS Tel. (972)991-0011 Fax ( —_ Bury+Partners-DFW, Inc. ilgfit' 2a05 soot ;iqBuSd000-auj 'AA(I-csaUIaad+Sang SVX31 'Jl1Nno:D INVU VI e120-zss(M) —A izo0-T66(246) •tad. 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FL 460.00 / STA 0+76.35 U 'A' SEND W ALL 72-x MOPoZ /f STA 0+69.63 ^ry A 72•x30'60'WYE CONNECT I STA 1+1 .57 U ' S A O+0 LAA-3 U U)q0D BANK 72.16' 0•WYE CONNE J O o 14,330 SF 4,076 9F m \ F 0-, FF 1105.00 FF=504.00 \ W 4.TLL LOT 3.BLOCK I. 5 Q TR4.AND EASTCHASF ADDITION ( 1 � I _J y0 COAAMMITY F CIUTIES I I i � ' i 146 E ! F RETAIL A-2 20,300 SF FF-500.00 5 I ST 3+64.64 UNE'A' 6 SQUARE MANHOLE WI MH RISER PER DETAIL C5.7.5 A _ ---_--_ I RIM 507.15 _ __—_______ __—__— _—_fig. _ _ A 4+ 4.1 UNE'A'- A 4+32.71 LINE'A'- II A 0+00 UT'A-S' 60' CT LOT 5, LOCK 1, LOT 8,BLOCK 1, TRLLAND EAS ASE ADDI7n TRI D EASTOIASE ADDITION 1B 19 � 3 1 i 14 4 - I 73 I m Q I 1 6 ON� B / I 1 116 m 0 p �n0 9 I Q iACi O I ,YI O�I�fT I �V� �� .71 SO.90143W� DTIOR i I ++9008.2 SD CT I IN,S '9S�Hi{Po 5/8 R. I OAK _ CALLED 1.33 ACRES 7+36.75UNE'A' / 7+31.75 UNE A' STATE OE TEXAS REMOVE EX HEADCONST 6'x6'DROP INLET I_ VOL.70 R9T.P8.1647. II PER DETAIL 05.7.10 CONNECT TO EX 46'SO n I I � -------- �a(a' II 5/ C.I.R.S. INTERSTATE 30 (EAST FREEWAY) VARIABLE NODTH RIGHT-OE-WA 1 I STORM DRAIN P Bury+Partners � oED EXHIBIT B_1 ENGINEERING SOLUTIONS :2 IIS 5310 Harvest Hill Road, Suite 100 T RILAND EASTCHASE ADDITION � Dallas, Texas 75230 O _n $ CITY OF FORT WORTH Tel. (972)991-0011 Fax (972)991-0278 UP TARRANT COUNTY, TEXAS Bury+Partnere-DFII, Inc. ®Copyright 2005 EASTCHASE PARKWAY (VARIABLE WIDTH RIGHT-OF-WAY)) ° — -nr.! -- �' —————————— — I � 11TIF `\ �\ r� I � � n I I�rf= a zr -D I w � A C? 44- D to aro O � mx con a o > PIN� Z - 1 z D Z:2— 1 N m v co �� p AN 1 w W — — - - L4 I f 1 � I W FAST FOOD A Z 4,254 SF '' M ' Z = r I o N m m D i D n I SIGN Fm Bury+Partners o o m EXHIBIT C ENOINEEREN6 SOLUTIONS TRILAND EASTCHASE ADDITION 5310 Harvest Hill Roa , O �4 o Dallas, Texas 75230 CITY OF FORT WORTH Tel. (972)991-0011 F (§.Vf 1-U W._ TAR RANT COUNTY, TEXAS Bury+Partners-DFR, l 'i 'QM