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Contract 31384
COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, SHG Land Investments of Fort Worth, LTD. , hereinafter called "Developer", desires to make certain improvements to _Camden Park Phase Il_, 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 Bel Air Homes, Inc. its general partner, acting herein by and through M.T. Akhavizadeh its 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 0 2-1 7-0 W'minstered in conformance with paragraph 8, Section II, of th Poll-' CFA REVISED FORMAT WITH 4% (3).dob ,� I^ 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 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: CFA REVISED FORMAT WITH 4% (3).d& 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 $ .�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 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. CFA REVISED FORMAT WITH 4% (3).dc SUMMARY OF COST Camden Park Phase 11 Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $154,972.50 $ 154,972.50 2. Storm Drainage $97,880.00 $ 97,880.00 3. Street Lights $15,400.00 $ 15,400.00 4. Street Name Signs $300.00 $ 300.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) 1 $ 10,114.10 10,114.10 TOTALS $ 278,666.60 1 $ - $ 278,666.60 CFA CODE; 4 VIEKO 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, anno said Developer has executed this instrument in triplicate, at Fort Worth,Texas this the ay of 20Q� U Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director 0 0C Contract Authorizations tyo .710 Date Marc Ott Assistant City Manager vATTEST: 1� Marty Hendrix QS City Secretary A o ed as to F SHG Land Investments of Fort Worth, LTD. By Bel Air Homes, Inc. its General Partner Assis ntPy Attorney ATTEST: DV L PER By: Corporate Secretary khavizaheh, President CFA REVISED FORMAT WITH 4% (3).dot � � o .'r?�,Vii✓ul�'�, �l:L1�. OPINION OF PROBABLE COST CAMDEN PARK " PHASE 2 PAVING DRAINAGE 9/1/2004 ITEM UNIT NO. DESCRIPTION QUANTITY PRICE AMOUNT P.1 6" Lime Stabilized Subgrade 6663 SY @ 0.75 $4,997.25 P.3 Hydrated Lime (30#/SY) 6663 SY @ 3.75 $24,986.25 PA 6" Reinforced Concrete Pavement 6,060 SY @ 19.75 $119,685.00 P.5 Monolithic 7"Concrete Curb 3,536 LF @ 1.50 $5,304.00 Paving Subtotal: $154,972.50 SD.1 21" (Class III) C-76 RCP Pipe 100 LF @ 35.00 $3,500.00 SD.2 24" (Class III) C-76 RCP Pipe 128 LF @ 40.00 $5,120.00 SD.3 33" (Class III) C-76 RCP Pipe 352 LF @ 65.00 $22,880.00 SDA 48" (Class III) C-76 RCP Pipe 456 LF @ 105.00 $47,880.00 SD.5 10' Curb Inlet 6 EA @ 1,900.00 $11,400.00 SD.6 5'Storm Drain Manhole 1 EA @ 2,300.00 $2,300.00 SD.7 4' Storm Drain Manhole 1 EA @ 2,000.00 $2,000.00 SD.8 Concrete Apron with sloping 48" HDWL 1 EA @ 2,800.00 $2,800.00 Drainage Subtotal: $97,880.00 TOTAL COST $252,852.50 125% Escrow Amount $316,065.63 4% INSPECTION FEE $10,114.10 Unit prices and quantities shown herein are based on hard bid prices received for Camden Park Phase 2, August, 2004 / y 8 OCK � — i ---2 f i 1 9 8 7 O6 5 4 3 2 ] a, f 3 � CAMb�N`-YAttp U12tVl`3 �,t . 4 1 r 29 30 I — ---- 1 42 43 44 45 4 j 5 28 31 I 6 I 27 32 I WW: I— ---- A�. 41 O 7 I 26 33 40 ( @8 I I 25 34 I 9 2 ' 99 4 10 1435 23 / 38 f r1 sj < 37 12 I z ( 21 I O 36 / ]3 L 20 \ 15 f8 / ]6 17 / 1 j ; f � F PAVING EXHIBIT " B" n FOR CAMDEN PARK PHASE 2 DOE# 4551 GRAPHIC SCALE 1"=200' Graham Associates,lnc. ((� CONSULTING ENGINEERS & PLANNERS 0 200 400 600 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 / 13 OCK `n L / m ARD DRIVE \ w \ FIj— - - J — - -- -_ ` C3 -4 r. 1--- --- - I I I X. . I I ' I ' I / i i STORM DRAIN EXHIBIT " B- 1" "rnll FOR CAMDEN PARK PHASE 2 DOE# 4551 GRAPHIC SCALE 1"=200 ' CONSULTINGSULT� GING ENGINEERS Icia&�PLANNRS 600 SIX FLAGS DRIVE, SUITE 50d,LuL'"' 0 200 400 600 ARLINGTON, TEXAS 76011 (817) 69d-",T�5 B11 CK f i I �- - - -2 STO I i l 9 8 7 6 5 4 3 2 1 / SIG J L 3 T-LT -;T-1 T CAMDEN YARD DRIVE \ /T-L 4 1 29 30 STP - - - STOP / ... SIGN O 421 "43 44 45 / 5 28 31 < 1 - - 6 1 1 27 32 0 41 0 F17 26 I 33 40 1 @8 1 I 25 34 1 1 39 9 Sl-dT 24 I / ST-LT 10 I 35 23 38 j 11 12 Z 21 I 0 36 37 / 13 < 20 14 ST-LT \� 19 1518 16 17 / JI TT' / � f / I / I STREET LIGHTS & SIGNS EXHIBIT " C" nnn FOR CAMDEN PARK PHASE 2 DOE# 145551 GRAPHIC SCALE 1..=zoo ' CONSULTINGaENGINEERS 7 P X11 Tc. 600 SIX FLAGS DRIVE, SUITE 500 0 200 400 600 ARLINGTON, TEXAS 76011 (817) 640-8535 OPINION OF PROBABLE COST CAMDEN PARK " PHASE 2 OAK GROVE ROAD ESCROW AMOUNT 11/8/2004 ITEM UNIT NO. DESCRIPTION QUANTITY PRICE AMOUNT P.1 6" Lime Stabilized Subgrade 9610 SY @ 2.25 $21,622.50 P.3 Hydrated Lime (30#/SY) 144 TON @ 105.00 $15,120.00 PA 7" Reinforced Concrete Pavement 8,440 SY @ 25.00 $211,000.00 P.5 Monolithic 7" Concrete Curb 2,692 LF @ 2.00 $5,384.00 P.6 End of Road Barricade 55 LF @ 25.00 $1,375.00 P.7 6" Lime Stabilized Subgrade (temp. Turnaround) 555 SY @ 2.25 $1,248.75 P.8 Hydrated Lime (30#/SY) (temp. Turnaround) 9 TON @ 105.00 $945.00 P.9 6" HMAC Pavement 500 SY @ 20.00 $10,000.00 P.10 4" Concrete Sidewalk 2729.3 LF @ 14.00 $38,209.50 Paving Subtotal: $304,904.75 SD.1 24" (Class III) C-76 RCP Pipe 123 LF @ 44.00 $5,412.00 SD.2 10' Curb Inlet 2 EA @ 2,200.00 $4,400.00 SD.3 Concrete Apron with sloping 24" HDWL 1 EA @ 2,300.00 $2,300.00 SDA Graded rock Rip-Rap 33 SY @ 35.00 $1,155.00 Drainage Subtotal: $13,267.00 TOTAL COST $318,171.75 4% INSPECTION FEE $12,726.87 TOTAL ESCROW $330,898.62 Since Graham Associates, Inc. has no control over the costs of labor,materials or equipment, or over contractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals,bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. rn t f qn a OCK ...L C © / 1 - - —2 1 19 8 7 6 5 4 3 2 1 cn I 3 / CAMDEN YARD DRIVE \ 1 4 1 29 1 30 42 43 44 45 / 1 5 28 1 31 1 6 1 1 27 32 1 L— 410 7 1 26 1 33 1 40 / 1 I *8 1 1 25 1 34 Ifo4r \J v� I 1 9 1 I 24 1 39 I 1w 35 # 1 10 a 1 23 I 38 1 11 p 1 22 1 / 1 1 97 12 1 z I 21 1 0 36 1 I 13 1 e 20 1 1 14 \1 19 in 1 18 / 16 17 / I � TFF[ � 1 PAVING OAK GROVE ROAD EXHIBIT " B" n FOR CAMDEN PARK PHASE 2 DOE# 4551 GRAPHIC SCALE I"=200 ' ^ Graham Associates,lnc. ((� CONSULTING ENGINEERS & PLANNERS 2�� 4�� 60� 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 BOCK - --k3 / 1 1 W I © // T 1 9 g 7 6 5 4 3 2 1 / cn CAMDEN ARD DRIVE 29 1 3042 43 44 45 28 1 31 1 1 1 / / \ 6 1 ; 27 32 o l 41 0 @ - - 1 7 D 1 26 33 I i 11 40 4� \ @ 8 I 25 34 1 9 1 O I 24 I ' 1 39 // Or to u I 23 1 35 \ 38 11 I 22 / 12 1 1 21 I O 96 37 / 13 20 14 ig 15 1 18 / 16 / 17 ......._.... __. STORM DRAIN OAK GROVE ROAD nEXHIBIT " B- 1" FOR CAMDEN PARK PHASE 2 DOE# 4551 GRAPHIC SCALE 1"=200' Graham Alsociatesjnc. CONSULTING ENGINEERS & PLAN14ERS 0 200 400 600 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 2, 000 $6, 000 . 00 MID-BLOCK RESIDENTIAL 1 EA $ 2, 000 $2, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 2, 000 $6, 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 $14,000 . 00 City' s Cost $00, 000 . 00 Developer's Subtotal $14,000.00 10% Contingencies $1,400.00 Project Total $15,400 .00 Adjacent Developer's Cost $0,000 . 00 Developer's Cost $15,400. 00 2% Inspection Fee $0,00 . 00 CFA CODE #2004141 DEVELOPER'S COST: $15,400.00 CAMDEN PARK, PHASE II October 4 , 2004 Fort Worth, Texas October 4, 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: $15,400.00 CAMDEN PARK, PHASE II October 4, 2004 FORT WORTH, TEXAS CFA CODE #2004141 Page II of Exhibit C _ : 1:L`:iJDA.,D III. "STREETLIGHTS" INTERSECTIONS FUTURE OAK GROVE RD & CAMDEN YARD DR 1 CAMDEN YARD DR & FENWAY CT 1 CAMDEN YARD DR &SILVERMIST TRL 1 MID-BLOCK CAMDEN YARD DR 1 CHANGE OF DIRECTIONS CAMDEN YARD DR 2 FENWAY CT 1 CANIDEN PARK, 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 three (3) intersections at a cost to the Developer of$300.00: Camden Yard Dr & Silvermist Tr Camden Yard Dr & Fenway Ct Camden Yard Dr & Oak Grove Rd Camden Park Phase II CFA code: 2004141 September 28, 2004 ��1�LJ�S"l�� 'lab vti:��•)J ul�LLri[1 L