HomeMy WebLinkAboutContract 30493 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No3a495
WHEREAS, Barham and Harris, Development One, L.P., hereinafter called
"Developer", desires to make certain improvements to Parkview Hills Phase III, 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 Robert Barham, 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:
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 11, 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 I1, of the Policy.
CFA Revised w/4% I
Parkview Hills Phase III
September 1,2004
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 negligence of the City of ort 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 hPreo'__.�
CFA Revised w/4%
Parkview Hills Phase III
September 1,2004
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, 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 $594,600.01.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $ 436,572.84 $ 436,572.84
2. Storm Drainage $ 102,657.94 $ 102,657.94
3. Street Lights $ 33,000.00 $ 33,000.00
4. Street Name Signs $ 800.00 $ 800.00
B. Engineering Design $ -
C. Construction Engineering $
and Management by DOE 4% $ 21,569.23 $ 21,569.23"
TOTALS $ 594,600.01 $ -Is 594,600.01
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.
* Developer paid $22,409.23 for inspection fee which is an overpayment of$840. This
will be reconciled at the end of the project.
CFA Revised w/4% 3
Parkview Hills Phase III
September 1,2004
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 1 day of September,
2004.
Approval Recommended:
Transportation and Public Works
Department
Ile
Ro- Goode, P. E.
Director
,n
C'ty Fo Wo h
Marc Ott
Assistant City Manager
Approved as to Form:
Assistant ity Attorney
ATTEST: R
OAA Y'
.ontract Authorization
Date
CFA Revised w/4% 4
Parkview Hills Phase III
September 1,2004
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Opinion of Probable Cost
DATE: 10/22/03 JOB NO.: 03300
OWNER: BARHAM AND HARRIS DEVELOPMENT ONE, L.P.
PROJECT: PARKVIEW HILLS PHASE 3: EXHIBIT B - STREETS
ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST
DEVELOPER COST
1 6" Reinf. Concrete Pavement, 29' b-b 17,121 S.Y. 18.25 $312,458.25
2 7"Attached Curb 9,221 L.F. 1.25 $11,526.25
3 6" Lime Stabilized Subgrade 19,170 S.Y. 1.75 $33,547.50
4 Lime (6%) 287 Ton 94.00 $26,978.00
5 4"Thick Concrete Sidewalk_____ _ 2,258 S- F. r 2.80 _$6,322.40
6 Std. Dead End Barricade 3 Ea. 684.00 $2,052.00
7 Handicap Ramp 16 Ea. 250.00i $4,000.00
Contingency (10%) - $39,688.44
SUBTOTAL DEVELOPER COST $436,572.84
i
PREPARED: MS CHECKED BY: SHEET NO.: 4
CIVILworks Engineering
1192 Boling Ranch Road ` Azle, Texas 76020 Phone (817) 448-9595 ' Fax(817) 448-6390
Opinion of Probable Cost
DATE: 10/22/03 _1JOB NO.: 03300
OWNER: BARHAM AND HARRIS DEVELOPMENT ONE, L.P.
PROJECT: PARKVIEW HILLS PHASE 3: EXHIBIT B-1 STORM DRAIN
ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST
DEVELOPER COST
1 Standard 10' Curb Inlet _ _ 4 Ea. 1,800.00 7,200.00
2 Standard 15' Curb Inlet 3 Ea. 2,000.00 6,000.00
3 Standard 4' Storm Drain Manhole 2 Ea. 1,600.00 3,200.00
4 Standard 5' Storm Drain Manhole _ 1 Ea. 2,000.00 2,000.00
5 21"Class III RCP 29 L.F. 33.00 _ 957.00
6 24"Class III RCP _ 776 L.F. 35.00 27,160.00
7 30"Class III RCP 173 L.F. 45.00 7,785.00
8 36"Class III RCP 43 L.F. 62.00 2,666.00
9 42"Class III RCP _ _ _ 211 L.F. 81.00 _1_7,091.00
10 30" 1V:6H Sloped End Treatment _ 1 Ea. _ 1,800.00 1,800.00
11 42" 1 V:4H Sloped End Treatment 1 Ea. 2,200.00 _2_,200.00
11 Curb Inlet Sediment Filter 7 Ea. 100.00 700.00
12 Type A Grouted Rock Riprap - _ 150 S.Y. 60.00 9,000.00_
13 Trench Safety _ _ 1,232 L.F. 1.00 _ 1,232.00
14 4' Concrete Flume 387 L.F. 11.20 4,334.40
Contingency (10%) _ _ _ _ _ _ 9,332.54
SUBTOTAL DEVELOPER COST 102,657.94
PREPARED: MS CHECKED BY: SHEET NO.: 5
CIVILworks Engineering
1192 Boling Ranch Road ' Azle, Texas 76020 ' Phone(817) 448-9595 ' Fax (817) 448-6390
III. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 5 EA $ 2, 000 $10, 000 . 00
MID-BLOCK RESIDENTIAL 5 EA $ 2, 000 $10, 000 .00
CHANGE OF DIRECTION RESIDENTIAL 5 EA $ 2 , 000 $10, 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 $30, 000.00
City' s Cost $00, 000 .00
Developer' s Subtotal $30, 000 .00
10% Contingencies $3, 000 .00
Project Total $33, 000.00
Adjacent Developer' s Cost $0, 000.00
Developer's Cost $33, 000.00
2% Inspection Fee $0, 00.00
DEVELOPER'S COST: $33,000 .00
PARKVIEW HILLS ADDITION, PHASE III
November 12, 2003
Fort Worth, Texas
November 13, 2003
PAGE 1 OF Exhibit C
2 . 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 Developer' s shall pay the amount shown below to the City of Fort
Worth at the time after execution of the Communities Facilities
Agreement.
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 . A 3-inch schedule 80 PVC conduit is required when crossing streets
at a depth not less than 30 inches, unless indicated otherwise on
the plans concrete pull boxes shall be provided at the crossing
points .
7 . The developer or their contractor shall contact City' s street light
division 48 hours prior to starting any installation of conduit
and/or streetlights at (817) 871-8100 to insure proper inspection of
work.
DEVELOPER'S COST: $33, 000.00
PARKVIEW HILLS ADDITION, PHASE III
FORT WORTH, TEXAS
November 12, 2003
Page 2 of Exhibit C
"STREET LIGHTS"
INTERSECTIONS
MEADOW WAY LN & BROOKSTONE LN 1
MEADOW WAY LN & FRESHWATER LN 1
BROOKGLEN LN & WILDCREEK WAY 1
BROOKGLEN LN & WATERIDGE IN 1
WILDCREEK WAY & WATERIDGE LN 1
BROOKSTONE LN & STREET X 1
MID - BLOCK
MEADOW WAY LN 2
WILDCREEK WAY 2
WATERIDGE IN 1
CHANGE OF DIRECTIONS
BROOKSTONE LN 1
WATERIDGE IN 1
BROOKGLEN IN 1
MEADOW WAY LN 1
PARKVIEW HILLS ADDITION, PHASE III
Page 3 of Exhibit C
IV
STREET NAME SIGNS
1 . The Developer 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.
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 eight (8) intersections (that
require street name signs) at a cost to the Developer of $800 .00 :
Parkview Hills Lane & Meadow Way Lane
Meadow Way Lane & Freshwater Lane
Brookstone Lane & Meadow Way Lane
Brookstone Lane & Waterford Dr
Brookglen Lane & Wateridge Lane
Brookglen Lane & Wildcreek Way
Brookglen Lane & Waterford Dr
Wildcreek Way & Wateridge Lane
Parkview Hills Ph III (blks 1, 13 , 15, 18-20, 28)
CFA code: 2003143 Date : November 13 , 2003