HomeMy WebLinkAboutContract 31282 01 -31-05P02 :49 RCVD
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
(� hh
COUNTY OF TARRANT § Contract No.
WHEREAS, FW Vista West, L.P., Fourth Decade Corp., hereinafter called
"Developer", desires to make certain improvements to Vista West Phase II, 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 Lee Nicol, 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 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 lII, of the Policy.
l7J�lL' IR:�U :L
Vista West Ph II-CFA REVISED FORMATIWITH 4% 10 19 04 tr ;�
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 constiuction, 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 dmnages are caused,
in whole or in wart, by the allezed ne'-lizence 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:
Vista West Ph II-CFA REVISED FORMAT2WITH 4% 10 19 04
Water (A)None; Sewer (A-1)None; Paving (B) attached; Storm Drain (13-
1) attached; Street Lights and Signs (C) attached.
Il. 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, B 1,
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 $ 316,912.72.
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $271,951.00 $ 271,951.00
2. Storm Drainage $11,042.00 $ 11,042.00
3. Street Lights $22,000.00 $ 22,000.00
4. Street Name Signs $600.00 $ 600.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE (4%)1 $ 11,319.72 $ 11,319.72
TOTALS 1 $ 316,912.72 $ - $ 316,912.72
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.
Vista West Ph 1I-CFA REVISED FORMATMITH 4% 10 19 04
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
, 2009.5 U
Approval Recommended: City of Fort Worth
Transportation and Public Works
Department
c
By:
Robert Goode,P. E. Marc Ott
Director Assistant City Manager
IIATTEST:
11 \n Contract Authorization
Marty Hendrix
City Secretary vat`'
Approved as to Form:
FW Vista West, L.P.
Assistant City Attorney By: Fourth Decade Corp,
its General Partner
ATTEST:
DEVELOPER
By:
rporate Secretary Lee Nicol, President
Vista West Ph II-CFA REVISED FORMAT4WITH 4% 10 19 04 ^�
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E XHIBI T ))C
(SHEET 2 OF 2)
TEAGUE NALL AND PERKINS, INC.
CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST
DATE: APRIL 8, 2004
PROJECT NAME: VISTA WEST
PROJECT NO: HAR03277
CLIENT: JAMES R. HARRIS COMPANY, INC.
PHASE II CONCEPTUAL COST OPINION SUMMARY
I EXCAVATION AND GRADING $237,784.25
II ONSITE WATER IMPROVEMENTS $111,668.90
III ONSITE SANITARY SEWER IMPROVEMENTS $128,634.00
IV STORM DRAINAGE IMPROVEMENTS $11,042.00
V PAVING IMPROVEMENTS $367,360.50
SUBTOTAL $856,489.65
15% Contingency $128,473.45
TOTAL CONSTRUCTION COST $984,963.10
VI CITY FEES $43,237.45
GEOTECHNICAL INVESTIGATION $5,000.00
ENGINEERING, SURVEYING & STAKING $117,550.00
TOTAL DEVELOPMENT COST $1,150,750.55
COST PER LOT (96 LOTS) $11,986.98
VISTA WEST, PHASE 11
CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST
ITEM DESCRIPTION QTY. UNIT UNIT COST TOTAL
I EXCAVATION AND GRADING
1 Clearing and Grubbing 1 LS $1,000.00 $1,000.00
2 Unclassified Street Excavation 39,480 CY $1.60 $63,168.00
3 Unclassified Lot Excavation 64,150 CY $1.60 $102,640.00
4 Final Lot Grading 96 EA $225.00 $21,600.00
5 Future Phase Fill 93,995 CY $0.25 $23,498.75
6 Hydromulch Seeding 21,350 SY $0.65 $13,877.50
7 Erosion Control 1 LS $2,000.00 $2,000.00
8 Testing 1 LS $5,000.00 $5,000.00
9 Construction Staking 1 LS 5000 5000
SUBTOTAL $237,784.25
II WATER IMPROVEMENTS
1 8" Class 200 PVC Water Pipe 3,659 LF $17.00 $62,203.00
2 Fire Hydrant 3 EA $1,700.00 $5,100.00
3 8" Gate Valve and Valve Box 9 EA $600.00 $5,400.00
4 6" Gate Valve and Valve Box 3 EA $500.00 $1,500.00
5 Ductile Iron Fittings 1.4 TON $2,500.00 $3,500.00
6 1" Water Service and Meter Box 96 EA $350.00 $33,600.00
7 Testing 3,659 LF $0.10 $365.90
SUBTOTAL $111,668.90
III SANITARY SEWER IMPROVEMENTS
1 8" SDR 35 PVC Sewer Pipe 3,194 LF $24.00 $76,656.00
2 8" SDR 26 PVC Sewer Pipe 60 LF $26.00 $1,560.00
3 Std. Sanitary Sewer Manhole 8 EA $1,200.00 $9,600.00
4 Extra Manhole Depth (> 6') 15.5 VF $120.00 $1,860.00
5 4" Sanitary Sewer Service (Double C/O) 96 EA $325.00 $31,200.00
6 8" Sanitary Sewer Plug 1 EA $50.00 $50.00
7 Cement Stabilized Backfill 60 LF $20.00 $1,200.00
8 Testing 3,254 LF $1.00 $3,254.00
9 Trench Safety 3,254 LF $1.00 $3,254.00
SUBTOTAL $128,634.00
IV STORM DRAINAGE IMPROVEMENTS
1 24" Class III RCP 144 LF $38.00 $5,472.00
2 21" Class III RCP 22 LF $32.00 $704.00
3 10' Standard Curb Inlet 2 EA $1,850.00 $3,700.00
4 Trench Safety 166 LF $1.00 $166.00
5 Erosion Control 1 LS $1,000.00 $1,000.00
SUBTOTAL $11,042.00
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 6 EA $ 2, 000 $12, 000 . 00
MID-BLOCK RESIDENTIAL 4 EA $ 2, 000 $8., 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 $20, 000.00
City' s Cost $00, 000 .00
Developer's Subtotal $20,000.00
10% Contingencies $2, 000.00
Project Total $22,000.00
Adjacent Developer's Cost $0,000.00
Developer's Cost $22,000.00
2% Inspection Fee $0,00.00
DEVELOPER'S COST: $22,000.00
2STA WEST, PHASE II
May 19, 2004
Fort Worth, Texas
July 26, 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: $22,000.00
VISTA WEST, PHASE II
May 19, 2004
FORT WORTH, TEXAS
Page II of Exhibit C
III.
"STREETLIGHTS"
INTERSECTIONS
VISTA KEIGHTS BLVD & FLEETRIDGE ST l
VISTA HEIGHTS BLVD & BARRELL BEND RD 1
VISTA HEIGHTS BLVD & NIGHTHAWK RD 1
VISTA HEIGHTS BLVD & CALLICHE RD 1
BARREL BEND RD & AMBLING TRL 1
CALLICHE RD & AMBLING TRL 1
MID-BLOCK
VISTA HEIGHTS BLVD 2
AMBLING TRL 2
VISTA WEST, PHASE II -
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 six (6) intersections at a
cost to the Developer of $600. 00 :
Caliche Rd & Vista Heights Blvd
Caliche Rd & Ambling Tr
Barrell Bend Rd & Ambling Tr
Fleetridge St & Vista Heights Blvd
Nighthawk Rd & Vista Heights Blvd
Nighthawk Rd & Ambling Tr
Vista West Phase 2
CFA code: 2004050 Date: May 7, 2004