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HomeMy WebLinkAboutContract 31395 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 51 L� WHEREAS, Thomas Crossing, LLC, hereinafter called "Developer", desires to make certain improvements to Thomas Crossing Addition; Phase IV, 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 Mr. Peter Thomas, its duly authorized Authorized 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: 1. 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 11, paragraph 7 of the Policy. vfl' !:-. °'L ;i'J;;'�% 02-17-05PO4 : 25 RCVD E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section Il, 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, subcontractors, officers, agents or employees, whether or not such inicrries, death or damages are caused, in whole or in part, by the allezed neQliaence 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 a .''��Y•. �� O L G�.e 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. 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, 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, 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 $248,340.80. SUMMARY OF COST Thomas Crossing Phase IV Item Developer Cost City Cost Total Cost A. Construction - 1. Streets $183,082.00 $183,082.00 2. Storm $44,938.00 $44,938.00 3. Street Lights $11,000.00 $11,000.00 4. Street Name Signs $200.00 $200.00 B. Engineering Design - C. Construction Engineering and Management by DOE (4%) $9,120.80 $9,120.80 TOTALS: $248,340.80 $248.,34Q90 s' 1'L; GI 'U �r'� 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. 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, d said veloper has executed this instrument in triplicate, at Fort Worth, Texas this the(�Fday of 2005. Approval Recommended: Transportation and Public Works Department o JeA— C� cont__aci_. Authorization Robert Goode, P.E. Director Date C' of Worth Marc Ott Assistant City Manager ATTEST: Marty Hendri City Secretary Approved as to Form: U � 4 I y V ��K`:1 1�11�� ` ,'n G t1n �11I . �?IVMI V1� Assistant City X`7 ey ✓�� ATTEST: DEVELOPER Thomas Crossing, LLC By: Corporate Secretary Mr. ete•Thomas Authorized Partner 2004028-TC-PhIV-TP W-CFA 5 � , �I OAK I. GROVE GROVE —`REON " 4.6 i IIi FG,4T IS L �U I'Q DOROTHY_2Q Gee ....LIMIT ISO I�CKIE�� LIMIT I ...............� WEE/NO WILLOW RUSTU a ELM -JSP Tye {YHISP�OAK A�o Q Cemetery I, I z`� } OAK HA..... ,. o.•- BURLESON-RETTA l^ (o A �RQ "S/ G PHA E F©qAR C o ` r r MAOEU_NE_ ---- L FORT WORTH CITY LIMIT CENTRE _-- U�ILESCWi' CITY EMIT I ---•-- BURLESO �►�" _ l O., Pop 76,I1J BENT OAX K• \i SCALE: TITS VICEVITY MAP R��E� e FOR MqY�f ?p0 D • 4 PHASE FOUR THOMAS CROSSING Dunaway Engineers ,j J�L 1 , i` I�U i f•.!' Planners nnU r Surveyors Y Associates, Inc. Landscape Architects Tsai u.,.,,,,<cPd..su 100 Pal WaM.TM>9101 M.9N.]OS.1 RI Naw:11)..a9AUf H.ay.v9a.v ���---- 6m REINFORCED 6 RE/NFOR ED CONCRETE PA VEMENT. ,ks 1 CONCRETE VEMEN T I�{ 10, IJ.E. 6 REINFORCED ., CONCRETE PA UNT-- __ PROPOSE !REINFORCED CONCRETE SIDEWALK 1 IKM L I m - _ � _TZ-9 V. I — I PROPOSED 6—INCH RE NFORCED CONCRETE PAVEMENT PROPOSED CONCRE7F SIDEWALK PA WNG IMPRO VEMEN TS Dun aw ay Engineers TO SER 1/E Planners THOMAS CROSSING 0 100 20 400 Associates Inc. Surveyors, Landscape Architects PHASE FOUR EXHIBIT "B" �,... K . ..s �.. w.M.,.,.,., z,..,..„,,,< �,�,...,,:,»„-: GRAPHIC SCALE IN FEET PAGE 1 OFl U C ' 14 CU / 13 ( I I CU —PROR L - 7 I ;h.'C •i4 Laos,ti Cn:i 'q :i!Ce`591c PROP. STD. ..r 26 25 `CURB 28. 27 II PROP. 1LQ' �� I CURB l LET PROP. 4' x 4' SQMH u 80 E.. 23 �\� \ ROP _ I PROP. 21" RCP 22 I 3 IPREP I . 4' X r 4--SQMH - - - - - - - I ROP. 30'° IRCP PROP. 3 X 3 3 X I I `U-U PRECAST CATCH ' (Z%" BA SIN , STORM DRAIN IMPROVEMENTS 0 50 100 200 Engineers Dunaway Planners TO SERVE Surveyors 7 NOMAS CROSSING GRAPHIC SCALE IN FEET Associates Inc. EXHIBIT , Landscape Architects PHASE FOUR PAGE 1 OF1 b FRO,POSED N 2" 16 ONDUI T ! PROP D D SINGLE � / . 1., ARMS EETLIGHT .\ I ( ' _PRO OSED' I= 1 CON U/T OPOSEQ 2 N 2 UIT PROP D S/NGL __ PROPOARM STR Ll G T P POSED PULL BOX PROPOSED ROP, OSED S GLE- PULL CD DUET RM`ST \� PROPO�ED' TREE LIGH e)4 ,\� \ PULL X ® PROP ED'\ \\ `� PROP O D SINGLE CO UlT \ \ ARM S EET LIGHT ' PROPOSE 4» l I I PULL c 2''' I 4 I PROPOSED SINGLE ARM STREET LIGHT PROPOSED PULL BOX I I , PROPOSED (INSTALLED BY CITY FORCES) (INSTALLED BY CITY FORCES) I I I PULL BOX PROPOSED 2 - 2" CONDUITS --- PROPOSED CONDUIT ? W1 PULL WIRE STREET LIGHT IMPROVEMENTS 0 50 100 200 ,Dunaway I Enginneers TO SERVE Planers GRAPHIC SCALE IN FEET Associates, Inc. SurveyLanors THOMAS CROSSING � Landscape Architects PHASE FOUR EXHIBIT "C" 1501 M.nw.c Cvci..Sb.100 Fort WaM,i%)CIO)Pp:Cli.]05.IR1 MNm:C11A29.]t]5 Fu:C1 T]]51A) PAGE 1 OF 1 02/01/2005 09:40 8173357437 DUNAWAY ASSOC. PAGE 04 Austlln :1. f'�):G yam.• Austro Bridge & Road An Austin Industries Company Austin Brld9e&Road,L.P. NavaM ( ndbrao *"ed 6330 Commerce Drlve,suite 150 Irving,Texas 75093 214!596.7300 Thornes Crossing, LLC Attn.: Peter Thomas 13793 Old Oak 000 Fort Worth,Texas 76028 PROPOSAL Gentlemen: We propose to fumi5h all labor, Maledals end equipment to eonstrvct, as an Independent contractor, the following described work: DESCRIPTION AND LOCATION: Thomas Crossing, P"68 1V Fort Worth,Taxes DUANTITY UNIT UNIT PRICE AMOUNT ITEM DESCRIPTION �gppp pS1 CONCRETE STREET RAVING 4,537.00 $Q YD 527,83 5125'357'31 4,512,00 SQ YD $2,05 59,8154.80 8'LIME STABILIZED SUESGRADE 73.00 TONS 885.00 $$$,278.00 NYORATED LIME M 9'I8Y) 9,704.00 $Q FT $2,40 $23,289,60 4.3000 PSI CONCRETE SIDEWALK 4 00 SACH 5a90.00 $2,760.00 BARRIER FREE RAMPS(NO AOA RAVERS) 1.00 LS $530.00 $530.00 pgvE1/ENTKIARKING8 2,410.00 L.F. $1,25 $3,012,50 INTEGR.ALcURa 5.00 EA $690.00 $3,450.00 STREET LIGHT FOuNCATIONS 1,100,00 LF S$15 $7,425.00 VNCH CoNOU1T 29.00 L,F, $5,70 S185,30 CONCRETE STREET HEADER 29.00 LI= 524,15 $700,35 STREET BARRICADE 1,00 LS 5250,00 S250,00_ REMpvE EXISTING WRIGAOE 1.00 LS $100.00 $100.00 PAYMENT&PERFORMANCE BOND 1,00 LS $3,250.00 $3,2-50,00 MAINTENANCE BOND(ZYR-10046) TOTAL,,,;,..,.. 3196,4!2,66 This Proposal is subject to the"Bid Quallficationt"attached, Prices for Pavement Markings are based on providing"Stop Barn"at the two intersection Of Post Oak Ct. and Old Oak Drive and Old Oak Ct,gjAd Old Oak Drive as wetl as thrte (3) blue flre hydrant location markers only. Prices for Barrier Free Psmps do not include any brick pavers or truncated dame pavers, Removal of existing rock rip mp 8t Old Oak Drive by othorQ• 1A. 02/01/2005 09:40 8173357437 DUNAWAY ASSOC. PAGE �03 Thomas.Crossing, LLC Page 2 Novaimber 8,2004 3 ITARY 5>rYR: 8"SDR35 PVC Sewer Line 11401.10 $ 18.85 $21,281.00 4" 6DR35 PVC Sae+lce wldbis cleanauut 24 1 E 600.00 0.00 12,7 0,00 Connect to existing sewer 04 Std.4' Dia.Manhole 6 Ea 1500.00 12.000.00 Extra Menhoie DePth 12 VP 120.00 1,440,00 Trend Safety 1140 LF 1.25 1,425-00: Post Construction TV Inspection 1140 LF 1.00 1,140.0 Crushed Limestone 10 Cy 10.00 100.00, Cl,"B'Concrete 10 CY 60.00 600.00 SWPP Maintenance 1 Ea 500.00 Total Sanitary SeVwr $51,Ziti,QO S •atai_Wat _&. ahit Sewer �,. a0 C ---c-Ity f Fort Worth Bon 2 59 r TOTAL WATER 8 SANITARY SEWER $ 96,609,80 STORM DRAINAH. 30"Cl, III R,C.P, 362 LF $ 40,00 i 9.91000 8,160.,00 00 21"CL ill RCP 204 LF 40, 4'Square Martholt 2 Ea 3300.00 6,600.00 31x3' Catch Basin 1 Ea 3500,00 3.500.00 10'Curb Inlet 2 Ea 3100.Od 6,200.00 Trench Safety 566 LF 1-0,0 .036.0() Sul)-;am!Storm Drairtago $ 44,938.00 City of Fort Worth Bonds 1.240,00 TOTAL VORM DRAINAGE $ 40,179.00 TQTAL PRUPOSAL (42,785.60 i 6 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 2 EA $ 2, 000 $4, 000 . 00 MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2, 000 $2, 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 $10, 000. 00 City' s Cost $00, 000 . 00 Developer's Subtotal $10, 000 . 00 10% Contingencies $1, 000. 00 Project Total $11, 000 . 00 Adjacent Developer' s Cost $0, 000 .00 Developer's Cost $11, 000.00 2% Inspection Fee $0, 00 .00 DEVELOPER'S COST: $11, 000.00 THOMAS CROSSING, PHASE IV June 17, 2004 Fort Worth, Texas July 7, 2004 PAGE I OF Exhibit C / (1 as 'VY JS �U�SlLl.1i1' 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 underg7.uund conduit and conductors . S . 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 G. 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: $11,000.00 THOMAS CROSSING, PHASE IV June 17, 2004 FORT WORTH, TEXAS Page II of Exhibit C III. "STREETLIGHTS" INTERSECTIONS POST OAK DR & OLD OAK CT 1 OLD OAK DR & OLD OAK CT 1 MID - BLOCK OLD OAK DR 2 CHANGE OF DIRECTIONS POST OAK CT 1 THOMAS CROSSING, PHASE IV Page III of Exhibit C ��� ' u°�� �2 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 two (2) intersections at a cost to the Developer of $200.00 : Old Oak Dr & Post Oak Ct Old Oak Dr & Old Oak Ct Thomas Crossing, Phase IV CFA code : 2004072 Date: June 18, 2004 C��l� GPEtA 1�