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Home My WebLink AboutContract 32259 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. lm" WHEREAS, Keller-Woodland Springs III, Ltd., a Texas Limited Partnership, hereinafter called "Developer", desires to make certain improvements to The Villages of Woodland Springs, Phase IV, Section 4, 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 VRV Development, Inc., its General Partner, and by Randall L. Marchant, 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 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. CFA VWS PH 4-SECTION 4.doe 1 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 nulikence 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. CFA VWS PH 4-SECTION 4.d �� oc :-- � 2 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 (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, 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, 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 $335,484.31. Item Developer City Cost Total Cost A. Construction 1. Streets $ 234,194.30 $ - $ 234,194.30 2. Storm Drainage $ 87,906.00 $ - $ 87,906.00 3. Street Lights $ - $ - $ - 4. Street Name Signs $ 500.00 $ $ 500.00 B. Engineering Design $ - $ - C. Construction Engineering and Management by DOE 4%/0 $ 12,884.01 1 $ 12,884.01 TOTALS Is 335,484.31 $ - $ 335,484.31 Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. Sidewalk cost is included under street cost. The developer is responsible for installation of sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing less 10% for contingency cost. (") Represents City participation for construction fees based on actual cost. 3. City not preparing plans and specifications. Future Improvements—Developer to escrow $44,400.00 for future construction of Alta Vista Road adjacent to this development. This cost includes sidewalk. is I" CFA VWS PH 4-SECTION 4.doc 3 T" 1 IN TESTIMONY WI3EREOF, 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, d said Develop r has executed this instrument in triplicate, at Fort Worth,Texas this the a�y of , 20C6.- Approval 20CApproval Recommended: Transportation and Public Works Department NO M&C REQUIRED Robert Goode, P. E. Director ATTEST: City Of Fort rth By: Marr ��F1CQC►'x Marc Ott City Secretary Assistant City Manager Approved as to Form• Assists t ity fitomney ATTEST: DEVELOPER Keller-Woodland Springs III, Ltd. By: VRV Development, Inc. Its General Partner 1. By: U,1l Corporate Secretary Randall L. Marchant President RECEIVED CFA VWS PH 4-SECTION 4.doc 4 CONSTRUCTION COST ESTIMATE PEI #: EXHIBIT 'IB' 089700202 PROJECT NAME: VWS ACERAGE: 14.00 BY: RLP PHASE: 4,SECTION 4 D A T E: 5-Apr-04 CHECKED: EAE FILE NAME: 089700202 D ATE P R E P D: 4-Dec-03 REVISED: RLW APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT D. STREET PAVING STREET AND RIGHT-OF-WAY EXCAVAT0 CY 14,417 $1.65 $23,788.05 6"REINFORCED CONCRETE STREET PVMT.W/7"CURB SY 8,523 $19.95 $170,033.85 6"LIME SUBGRADE INCL.LIME SY 9,351 $1.80 $16,831.80 TEMP.6"ASPH.TRANSITION SY 247 $19.80 $4,890.60 PAVEMENT HEADER LF 87 $10.00 $870.00 BARRIER FREE RAMPS EA 10 $800.00 $8,000.00 CONST.SIGNAGE/TRAFFIC HANDLING LS 1 $2,500.00 $2,500.00 STREET BARRICADE EA 3 $2,200.00 $6,600.00 SAWCUT AND REMOVE EXIST.CURB LF 68 $10.00 $680.00 SUB - TOTAL STREET PAVING NOTE:ALL CONCRETE PAVEMENT AND CURBS SHALL BE REINFORCED. E. FUTURE ALTA VISTA ROAD AND DRAINAGE IMPROVEMENTS ALTA VISTA ROAD FRONTAGE LF 444 $100.00 $44,400.00 SUB - TOTAL ALTA VISTA IMPROVEMENTS PATE ENGINEERS, INC. 4 vws44Cost Estimate.xls CONSTRUCTION COST ESTIMATE PEI #: EXHIBIT 'B-1' 089700202 PROJECT NAME: VWS ACERAGE: 14.00 BY: RLP PHASE: 4,SECTION 4 D AT E: 5-Apr-04 CHECKED: EAE FILE NAME: 089700202 DATE P R E P D: 4-Dec-03 REVISED: RLW APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT C. STORM SEWER SYSTEM 21"R.C.P. LF 60 $30.00 $1,800.00 24" R.C.P. LF 60 $35.00 $2,100.00 30" R.C.P. LF 917 $42.00 $38,514.00 42" R.C.P. LF 90 $70.00 $6,300.00 48"R.C.P. LF 167 $85.00 $14,195.00 21"PLUG EA 2 $250.00 $500,00 30" PLUG EA 1 $300.00 $300.00 15' INLET EA 2 $2,750.00 $5,500.00 15'INLET w/M.H.STEPS EA 1 $3,200.00 $3,200.00 4'x4' "Y"INLET EA 1 $1,650.00 $1,650.00 STORM SEWER MANHOLE EA 1 $3,000.00 $3,000.00 24"SAFETY END TREATMENT EA 2 $2,000.00 $4,000.00 CONNECT TO EXISTING STORM LINE EA 2 $1,000.00 $2,000.00 GRADE TO DRAIN CY 600 $7.00 $4,200.00 TRENCH SAFETY LF 1294 $0.50 $647.00 SUB - TOTAL STORM SEWER SYSTEM '`$g7gptg0 ; PATE ENGINEERS, INC. 3 VWs 4Cost Esti mate.xls CONSTRUCTION COST ESTIMATE PEI #: EXHIBIT'C' 089700202 PROJECT NAME: VWS ACERAGE: 14.00 BY: RLP PHASE: 4,SECTION 4 D A T E: 15-Dec-04 CHECKED: EAE FILE NAME: 089700202 DATE P R E P D: 4-Dec-03 REVISED: RLW APPROXIMATE UNIT TOTAL DESCRIPTION UNIT QUANTITY PRICE AMOUNT F. MISCELLANEOUS ITEMS STREET SIGNS EA 5 $100.00 $500.00 SUB - TOTAL MISCELLANEOUS ITEMS $500.00 29 .. _ -n1J n7•" PATE ENGINEERS, INC. 7 " ..,XIS 1 cn m m o�'' o --. � iS: zaro 06 Ll 0I cn4i zp a� 1 I i - r-- ' 1 -- - 1 1 . 1 i CL 2z I Lis ! 1 1 3AI80 OON 71SVS V I r I OVO0H 37ddb' VNN31A I - P. V+ j A/ la(10O 3NNb' � r -�� LLJ , Z � Nro _ 8' 1 1 � I Y ED �V8 - - - LLQ ro F" 0 V 0 8 dl SIA - VII V LQ ZjW m c1c C-10 - 1 oV 0 ' OD iA rte) �W Zana V z -- CL - _� W o ao -------------- 1 y ( 1 1 - 1 1 1 I I I y 3/IIYGT OOM 7/SVO J I 1 � I o1 -- - __ -v_-OS -3N V 37 d NN3� - O - I I tti I 1 I _I � 1 —_ w { lZ/ 00 NNb' Lij ^ffl. ® Z �g �pp B S717J�L� II LU O V 0 d d1 SISI - b1 7 d a � U � ocrn = zo O o(A0- i n ' , R I ` OOIJYO or • • ® U , A w w i j w OVOd 37ddV cn LU -Lynoo 3NW W W O n N N W i . Q'N QN7 t7 W f - ♦ m con�N`V^ ♦ x � a< N T W 8 H 0V0a VI SIA - VI -1V Q z Z