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HomeMy WebLinkAboutContract 31098COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § � , City Secretary COtTNTY OF TARRANT § Contract No.�� O WHEREAS, SJ Silver Ridge, LP, hereinafter called "Developer", desires to make certain improvements to Silver Ridge Addition, Phase One, Section 2, 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 SJ Silver Ridge, LLC, its duly authorized General Partner, acting herein by and through Steve Hawkins, its duly authorized Manager 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 II, of the Policy. �.., .;��! ..��.,..� 2002209-10_T&PWCFA-03-ll 10_JWM.doc 1 '��:�� �� �s�:;��i'ij�'-�!��! ,,: �. -, � ,�� `, , �^;: c V �� � � �. � � � ���`�'<:i1`:�11�; ��Gl�� S i 0 � F G I� I. J. 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, w/tetlter or not sccclt injuries, death or dama�es are c�zused, in wliole or in part, by tlae alle�ed ne�liQence of the Citv of Fort Worllt, its offcers, servrcnts, or employees. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. 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). 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). 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; 2002209-10_T&PWCFA-03-1110_JWM.doc 2 �:L-'��i �,,� _ � �: , ��� � � � :� � ., t �', ��y -;f,��1� ' 1�o .. ��J 1' I� �'f C y u�._� 6\� s I , Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (B- ; 1) attached; Street Lights and Signs (C) attached. II. Street and Storm Drain Facilities � I_: 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. : 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 $�,�;�1`� 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 two percent (2%) 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. 2002209-10_T&PWCFA-03-1110_JWM.doc 3 -- „ - . .�_.,. _ � t;� j,�; j:-, l��; �',:;i F, J �'J' '� �J J U L� c1 5{�• :' � i5 U.;r''�� 1' 1't�� 4� V�;%j;��S'ilfi �'2);� I � �vJ U��:z l",� � SUMMARY OF COST Silver Ridge Addition Phase 1 Section 2 ltem Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $308,433.95 $ 308,433.95 2. Storm Drainage $47,361.00 $ 47,361.00 3. Street Lights $22,000.00 $ 22,000.00 4. Street Name Signs $300.00 $ 300.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) $ 14,231.80 14,231.80 TOTALS $ 392,326.75 $ - $ 392,326.75 CFA CODE: .L - � ,..: ,, �i � T �� i'�.; � :-. '��`, `�; � _ � � �� � � ,�,��,, ,���.���, ��, �� ; � U, :�;� �� ';:,✓'�;��J'�9 u�i`:� � •... 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 Secretaiy, 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 �� � , 2004. Approval Recommended: ��-!-' -�-� —� r���- i -• �_; r: �_ . . -- " i E_ 4 �. (J%-'• -. .s.c.�:.0 t�11�:11(',3�.1.'7,'l._ ATTEST: � la r+�-� �I�.n c� � � ��- City Secretary Approved as to Form: � Assistant City Attorney ATTEST: Corporate Secretary 2002209-10_T&P WCFA-03-1110_J WM.doc Transportation and Public Works Department G � �/ Robert Goode, P. E. Director c�ty Fort wo�-�n '1, , 1 � By: � ',�' . - arc Ott Assistant City Manager 0 By, � - SJ ilver a� e, � evelopment, LP � : SJ Silver Ridge, LLC General Partner By: Steve Hawkins Manager --�� �1I r�,:., �-;,� � �J' � r�J�'.�JJ���. �l ��I];1` li :j�` ✓ �i� ( � � �' �' \� tiJ 4 ,,, - , ,�,1 � ,,+ � � � ��: j� jj ::;�,� �,'S1�-,;7�; ���U`l c�_'.':i'JvL'� �yj7� •:: �. c Fl��, �,;"�.� �1 Uo `�`c��::''1il:i�'; c_:�t: �ICI.1�I�'�'� 1V�AP S.IL �.E.lr� �IDG� �. DUNANAY A3SOClJlT6S, Inc. �ENGINR.F.RS — PLANNER9 — SURV�YORS FORT WORTH, TEXA9 � ri 1� 1:= l' 2;;'� �,_, p j :, i � I�i i1'C ��!�1 - i I.`.I��6� C:I�\ib��L�l:'�i... I� —p '':n "��lf r_-._. i '� �I '�I�,ii I:.�f.� Ir�� 1�: J �] �.':`J�: '1�:�) I�'.�y\'�=� ENGINEER'S OPINION OF PROBABLE CQNSTRUCTION COST I ITEM I DE3CRIPTION � QTYlUNITj � �RIC� � AMOUNT ! TOTAI. PROBABL ONSTRUCiION �T 676 078.95 200220e10_CFA_OPDC-03-1030_JWM.xI� Page 2 Of 2 ___._ ! ��' � .. , . . . _ _ _, I�('��� :1'2l',,��ll�,'�'�ul�'; � r�� ..��;�.�;;JJ� ��}%��� _�� � I � .� . I � � " , , •• I ,' y') Q � F.�.. � Q� O� .._0 � r � a� �� 0. d °w �� � a � 4 �. � _ ' !1 Z � F� R "v � �[ q Gf O � � N � �� N � � -.� Z --�"!.S � , ^ � w J Q � 4 ` � � ' x s � � � /�� � � � ' z � e � 'o � ir / ' a ! dN � t �: � o n N � b k m + % 1 � � � � �r , J � p p � _ / � f . � � / x l r l � 1 � ~ ! • p e „ r n • % / �e ., � ^ r / �€ " I �� �� _ ' ; � �V� ^• � , o p � $ e / ! 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STREET LIGHT COST ESTIMATE INTERSECTIONS MID-BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID-BLOCK COLLECTOR MID-BLOCK ARTERIAL PARKWAY MID-BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT QUANTITY UNIT COST 2 EA $ 2,000 4 EA $ 2,000 4 EA $ 2,000 0 EA $ 2,000 0 EA $ 2,500 0 EA $ 2,500 0 EA $ 1,500 Subtotal City's Cost Developer's Subtotal 10% Contingencies Project Total Adjacent Developer's Cost Developer's Cost 2% Inspection Fee DEVELOPER'S COST: $22,000.00 SILVER RIDGE, PHASE I November 13, 2003 Fort Worth, Texas PAGE 1 OF Exhibit C May 10, 2004 TOTAL COST $4,000.00 $8,000.00 $8,000.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 $20,000.00 $00,000.00 $20,000.00 $2,000.00 $22,000.00 $0,000.00 $22,000.00 $0,00.00 � �� �1 .''v�i_�.� ti'.:�;,' .. . �_ �`J � U ,b�' ::) ��'.i �1� �s 9 �, .. , . . � y'� i, i'l�lli ';i;C� �` � J ��o ���'✓l.�fl�� e.'.l��,il: __� 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, or collector streets. The developer agrees to pay the amount shown below prior to the City starting its 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 streetlight installation is detailed on page 1 of exhibit C and is summarized below the streetlights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: $22,000.00 SILVER RIDGE, PHASE I FORT WORTH, TEXAS November 13, 2003 Page 2 of Exhibit C "STREET LIGHTS" INTERSECTIONS BRUSITY TRAIL EAST & STREET B 1 BRUSITY TRAIL & STREET A 1 MID - BLOCK BRUSITY TRAIL 3 STREET A 1 CHANGE OF DIRECTIONS BRUSITY TRAIL 1 STREET A 3 SILVER RIDGE, PHASE I Page 3 of Exhibit C �.- �-..,., .-, r�. i-� rri �,� rr, � i.'.:'���LI ,1��� (I,��'�:�.�:��' I d�5'u �1 �S �� i 5�j ;';; ��'1'.'c "IIilf 5� ,".` , 1 Ilo ..'Y%S�:C�j I_:G'� IV STREET NAME SIGNS l. 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 three (3) intersections (that require street name signs) at a cost to the Developer of $300.00: Bushy Tr E & (Street A) Bushy Tr & (Street A) (Street A) & Bushy Tr Silver Ridge Addition CFA code: 2003140 Date: November 13, 2003 � �' �`� ,n,'�,�� � �ii„ �., r'1 �'�. J < < a. � ., �. ! - t ,;J�c� ���s;'�,' ��;�'_... P .�, U, ,;,,,� ` ��� �`:'��������,�w� ���. ,�