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Home My WebLink AboutContract 33413 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TAR'.R�jANT[ § Contract No.� 1.�4tV� - WHEREAS,TZ,r.,.4,LAJ, hereinafter called "Developer", desires to make certain improvements to3"`�' '�°��" ``��"} 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: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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 infrastructsh-a-li be ggr�aa lir bRECORD administered in conformance with paragraph 8, Section , � Policy. CIrr 04-10-06 P03:38 IN Beach-North Tarrant Addition Ph. II CFA 1 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 perfonned 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 neelizence 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, except lot 5, block A, 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. Beach-North Tarrant Addition Ph. II CFA 2 ,� 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 Stonn 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 fiend 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, B1, 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 $242,959.60. Beach-North Tarrant Addition Ph. II CFA 3 SUMMARY OF COST Beach-North Tarrant Addition Phase H Item Developer City Cost Total Cost Cost A. Construction $ - $ 1. Streets $185,815.00 185,815.00 2. Storm Drainage $47,800.00 47,800.00 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ 0.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ (4%) 9,344.60 9,344.60 TOTALS 242,959.60 $ - 242,959.60 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk. 2. Developer's column for Item C represents four percent(4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. Beach-North Tarrant Addition Ph. II CFA 4 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 Developer has executed this instrument in triplicate,at Fort Worth,Texas this the L2NY of NUL RECEIVED Approval Recommended: Transportation an ubl' Works Departmen c Robert Goode, P. E. D' for ity o ort ort NO M&C REQUIRED Marc Ott Assistant City Manager ATTEST: Marty Hendrix City Secretary Approved as to Form: Assistant ty orney t�l ATTEST: DEVELOPER Corporate Secretary -r-Ar'. C•�a�v�cra-� ��-�^� CIT M�Ir-JHffly Beach-North Tarrant di", Ph 49--c-1-FA t. Kimley-Horn &Associates, Inc. Opinion of Probable Construction Cost (OPCC) Client: Hopkins Commercial Date: 11/18/2005 Project: Beach-North Tarrant Addition Phase II Prepared By: CDL KHA No.: 63590005 Checked By. JCH itle: paving Improvements Sheet: 2= 3 Item No. Item Description Quant4 Unit Unit Price Item Cost P-1 Unclassified Excavation(1.5' depth) 2,300 C.Y. $10.00 $23,000.00 P-2 6" Lime Stabilization 3,920 S.Y. $2.25 $8,820.00 P-2 Lime @ 27lbs/sy 53 TON $105.00 $5,565.00 P-3 7"Concrete Pavement 3,920 S.Y, $25.00 $98,000.00 P-4 4'Sidewalk 915 L.F. $14.00 $12,810.00 P-5 Demo Exist.Asphalt Transition 2,580 S.Y. $8.00 $20,640.00 P-6 Demo Exist.Concrete 60 S.Y. $8.00 $480.00 P-7 Construct Asphalt Transition 825 S.Y. $20.00 $16,500.00 Basis for Cost Projection: Subtotal: $185,815 No Design Completed Conting. (%,+/-) 0 $0 EEL Preliminary Design Subtotal: $185,815 Final Design Note: Since Kimsey-Horn&Associates,Inc.has no control over the cost of labor,materials,equipment,or services furnished by others,or over methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but not limited to opinions as to the costs of construction materials,shall be made on the basis of experience and best available data.Kimley-Hom&Associates,Inc.cannot and does not guarantee that proposals, bids,or actual costs will not vary from the opinions on costs shown herein. F .xls Kimley-Horn & Associates, Inc. Opinion of Probable Construction Cost(OPCC) Client: Hopkins Commercial Date: 11/18/2005 Project: Beach-North Tarrant Addition Phase II Prepared By: CDL KHA No.: 63590005 Checked By: JCH Title: Public Storm Drainage Improvements Sheet: 3 of 3 Item No. Item Description Quantity Unit Unit Price Item Cost S-1 Storm Sewer Curb Inlet 3 E.A. $3,000.00 $9,000.00 S-2 24" RCP Storm Sewer 776 L.F. $50.00 $38,800.00 Basis for Cost Projection: Subtotal: $47,800 No Design Completed Conting. %,+/- 0 $0 Preliminary Design Subtotal: $47,800 ❑ Final Design Note: Since Kimley-Hom&Associates,Inc.has no control over the cost of labor,materials,equipment,or services furnished by others,or over methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but not limited to opinions as to the costs of construction materials,shall be made on the basis of experience and best available data.Kimley-Hom&Associates,Inc.cannot and does not guarantee that proposals, bids,or actual costs will not vary from the opinions on costs shown herein. p� -1p�,,^�1 I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2, 600 $00, 000 . 00 MID-BLOCK RESIDENTIAL 0 EA $ 2, 600 $00, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 600 $00, 000. 00 MID-BLOCK COLLECTOR 0 EA $ 2, 600 $00, 000 . 00 MID-BLOCK ARTERIAL 0 EA $ 3, 000 $00, 000. 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3, 000 $00, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $00, 000 . 00 Subtotal $00, 000 . 00 City' s Cost $00, 000 . 00 Developer' s Subtotal $00, 000 . 00 10% Contingencies $00, 000 . 00 Project Total $00, 000. 00 Adjacent Developer' s Cost $00. 000 . 00 Developer' s Cost $00.000.00 CFA CODE #2005162 DEVELOPERS COST: BEACH-NORTH TARRANT ADDITION, PHASE // January 9, 2006 Fort Worth, Texas February 1, 2006 PAGE I OF EXHIBIT "C" II STREET LIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of street lights 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 of Fort Worth will install all the street lights that use overhead or underground conductors on residential, and collector streets. The developer agrees to pay the City of Fort Worth the amount shown below prior to the City starting its design efforts, at the option of the developer and at their expense they may purchase the poles, fixtures, and mast arms from the City in order to assure compliance with city material standards 4 . Street lights on arterial streets shall be installed with underground 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 operations of the street light system 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 January 9, 2006 DEVELOPERS COST: BEACH-NORTH TARRANT ADDITION, PHASE II CFA CODE #2005162 PAGE 11 OF EXHIBIT "C" III "NO STREET LIGHTS" BEACH-NORTH TARRANT ADDITION, PHASE II PAGE III OF EXHIBIT "C" 4 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$245.00 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 zero (0) intersections at a cost to the Developer of$0.00: (No new intersections) Beach-North Tarrant Addition, Phase II CFA code: 2005162 December 27, 2005 F' . � v_ j 1'i lA� � •�i! �� 1 al Y d �� rr z`�� I 6 5. � � /�� ' J_ i �� rj■ p • i �� u � �ci Brij 9= 1+• � i 9 ;'�j � Spa !!� j a� ! � z W g �j,3:1 02 rc ail i�3Y � +�'� Ali �.� a � t I s 11 if 8 'lip m sad !] � �'� �� 1}'�1 �� iii 7 � li•j� l�dA ea � � r i i' RECEIVED1-2 I f 11, fil r I� PIN,•a ritl I I r" li ' -- ---- — i .trnr y V I I 1 I I < SII I .�_ •'t $ �C aa * II .r g,iaet I lei if foo IN' 1 01: Ail I �y i � S O- ';; SS •/ ` �T. j�� i7` �� ]'1+ �� J�i 1 � t��t w. 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