HomeMy WebLinkAboutContract 33316 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
���4COUNTY OF TARRANT § Contract No.
WHEREAS, Chadwick Farms, Ltd., hereinafter called "Developer", desires to
make certain improvements to Chadwick Farms, Cleveland-Gibbs Road & Elizabeth
Creek Bridge, 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 Marc Footlik, its duly
authorized officer, 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.
COMMUNITY FACILITIES AGREEMENT S v*�, , ,�pp �
CHADWICK FARMS,Cleveland-Gibbs Road and Elizabeth Creek Bride ar' \l C17u} 4b
Page 1 of 5 R. WORK TO.
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 iniuries, death or damages are caused, in whole or in part,
by the alleged negligence 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 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).
k 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 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 the proposed improvements as shown on
the following exhibits which are attached hereto and incorporated herein for all
intents and purposes:
COMMUNITY FACILITIES AGREEMENT
CHADWICK FARMS,Cleveland-Gibbs Road and Elizabeth Creek Bridge
Page 2 of 5 Q,e
Exhibit B Paving
Exhibit B-1 Storm Drains
Exhibit C Street Lights and Signs
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, B1, 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-€ef 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 $1,239,061.80.
C. Cleveland-Gibbs Road is located within the jurisdictions of the Cities of
Fort Worth and Northlake. Payment of City of Fort Worth participation
shall not become due and payable to the Developer until the entire length
of Cleveland-Gibbs Road from Litsey Road to S.H. 114 has been
completed and accepted by both the City of Fort Worth and the City of
Northlake.
COMMUNITY FACILITIES AGREEMENT
15��b{YY �
CHADWICK FARMS,Cleveland-Gibbs Road and Elizabeth Creek Bridge Of bit
Page 3 of 5 FYI
SUMMARY OF COST
Chadwick Farms Cleveland Gibbs Road
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $255,263.85 $ 62,010.00 $ 317,273.85
Bridge Improvements $0.00 $' 733,076.00 $ 733,076.00
2. Storm Drainage $116,025.80 $ 116,025.80
3. Street Lights $13,750.00 $ 13,750.00
4. Street Name Signs $100.00 $ 100.00
B. Engineering Design 6% - $ 43,984.56 $ 43,984.56
C. Construction Engineering $ -
and Mana ement b DOE 4% $ 14,851.59 $ 14,851.59
TOTALS $399,991.24 $ 839,070.56 $ 1,239,061.80
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.
COMMUNITY FACILITIES AGREEMENT
CHADWICK FARMS,Cleveland-Gibbs Road and EIizabeth Creek Bridge
Page 4 of 5
4DNhExecuted this�ay of , 2004
Approval Recommended: CITY OF FORT WORTH
Z
By:
;�
Robert Goode, P. E., Director Marc A. Ott
Transportation and Public Works Assistant City Manager
ATTEST: Approv to Form and Le t
Marty Hendrix ssist C' Attorney
City Secretary
Attest: DEVELOPER
Chadwick Farms, Ltd.
By: C adwick Development,LLC
B
Contra .t AuthorizatioA Marc Footlik, President
Date
COMMUNITY FACILITIES AGREEMENT
CHADWICK FARMS,Cleveland-Gibbs Road and Elizabeth Creek Bridge Ci SVrS1 HT
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Page 5 of 5 1y' WOPYR) M.
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CIVIL ENGINEERS PLANNERS-r SURVEYORS
ARSHA LLL
ENGINEER'S OPINION OF PROBABLE COST
Date: 1/6/2005 Project:Chadwick Farms Client:Chadwick Farms,LTD.
Cleveland-Gibbs Road
Job No:9933 Location:Fort Worth,Texas Page: 1 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
Paving Facilities
1. 'l 8"Concrete Pavement S.Y. 4,521 $25.00 $113,025.00 '
2. ✓ Lime Stabilized Subgrade S.Y. 4,942 $2.25 $11,119.50—
3. -t- Hydrated Lime Ton 67 $105.00 $7,035.00 4
4. 8"Concrete Pavement* S.Y. 2,160 $25.00 $54,000.00 i
(T/PW Participation)
5. ✓Lime Stabilized Subgrade* S.Y. 2,160 $2.25 $4,860.00 —L,
(T/PW Participation)
6. Hydrated Lime Ton 30 $105.00 $3,150.00
(T/PW Participation)
7. ✓ 75'x 234'Concrete Beam L.S. 1 $733,076.00 $733,076.00 -
Span Bridge**
8. ✓ Barrier Free Ramps Ea. 2 $650.00 $1,300.00
9. Barricade&Header L.F. 41 $30.00 $1,230.00 -
10. ✓4'Concrete Sidewalk L.F. 1,862 $14.00 $26,068.00
Paving Subtotal $954,863.50
10%Contingency $95,486.35
Paving Subtotal $1,050,349.85
*Transportation/Public Works Cost Participation is based up on the annexation agreement
for Chadwick Farms,which stipulates the CFA policy at the time of annexation will be utilized for
said development. Therefore,T/PW Cost Participation for Cleveland-Gibbs Road Improvments
for turn lanes,median breaks,first 7 feet of concrete paving width,and subgrade
totals$62,010.00 using the City of Fort Worth established unit prices.
**Transportation/Public Works Cost Participation is based up on the annexation agreement
for Chadwick Farms,which stipulates the CFA policy at the time of annexation will be utilized for
said development. Therefore,T/PW Cost Participation for Cleveland-Gibbs Road Bridge
Improvements shall be 100% of the cost based on the size of the drainage basin for Elizabeth
Creek. The cost of the bridge includes all components to complete construction including,but
not limited to abutments,paving slab,erosion control,aprons,railing,decking,bracing,and
beams. T/PW's Cost Participation for Elizabeth Creek Bridge totals$733,076.00.
Total City of Fort Worth T/PW Cost Participation=$795,086.00
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin &Marshall, Inc. can not guarante ,
that actual costs will not vary from the opinions expressed herein. QJ
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2405 MUSTANG DRIVE/GRAPEVINE,TX 76051 /817-329-4373/817-329-445 1
3131 EAST CAMELBACK,SUITE 200/PHOENIX,AZ 85016/602-606-5760/602-60 -5*f9�
ENGINEER'S OPINION OF PROBABLE COST
Date: 1/6/2005 Project: Chadwick Farms Client: Chadwick Farms, LTD.
Cleveland-Gibbs Road
Job No: 9933 Location: Fort Worth, Texas Page: 2 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
Storm Drain Facilities
1. 10'Depressed Curb Inlets Ea. 4 $2,300.00 $9,200.00
2. 21" R.C.P. L.F. 148 $38.00 $5,624.00
3. 24" R.C.P. L.F. 168 $46.00 $7,728.00
4. 27" R.C.P. L.F. 870 $52.00 $45,240.00
5. 27" Sloped End Headwall Ea. 1 $2,000.00 $2,000.00
6. 4'x 4'Junction Box Ea. 3 $2,500.00 $7,500.00
7. Gabion Wall S.Y. 216 $125.00 $27,000.00
8. Trench Safety L.F. 1,186 $1.00 $1,186.00
Storm Drain Subtotal $105,478.00
10% Contingency $10,547.80
Storm Drain Subtotal $116,025.80
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
I . STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000. 00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 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 5 EA $ 2, 500 $12, 500. 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000. 00
Subtotal $12,500.00
City's Cost $00 ,000.00
Developer's Subtotal $12,500 .00
10% Contingencies $1,250 .00
Project Total $13,750.00
Adjacent Developer's Cost $0,000.00
Developer's Cost $13,750.00
2% Inspection Fee $0,00.00
CFA CODE #2004119
DEVELOPER' S COST: $13,750.00
CHADWICK FARMS-CLEVELAND GIBBS RD
August 31, 2004
Fort Worth, Texas
August 29, 2005
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: $13,750.00
CHADWICK FARMS-CLEVELAND GIBBS RD
August 31, 2004
FORT WORTH, TEXAS
CFA CODE #2004119
Page II of Exhibit C
III.
"STREETLIGHTS"
MID-BLOCK ARTERIAL
CLEVELAND GIBBS RD 5 (DOUBLE ARMS)
CHADWICK FARMS - CLEVELAND GIBBS RD
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 one (1) intersections at a cost
to the Developer of$100.00:
Cleveland Gibbs Rd & Ashmore Av
Chadwick Farms — Cleveland Gibbs Rd
CFA code: 2004119 August 20, 2004
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City of Fort Worth, Texas
Mayor and Council Communication
NNUu,� �»�
COUNCIL ACTION: Approved on 4/12/2005
DATE: Tuesday, April 12, 2005
LOG NAME: 20CHDWK C/G RD. REFERENCE NO.: C-20655
SUBJECT:
Authorize Execution of Community Facilities Agreement with Chadwick Farms, Ltd. for the
Installation of Community Facilities to Serve Chadwick Farms
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement (CFA) with Chadwick Farms, Ltd. for the installation of community facilities to serve Chadwick
Farms.
DISCUSSION:
Chadwick Farms, Ltd., the developer of a portion of Chadwick Farms, has executed a proposed contract
for the installation of community facilities to serve the single family (783 lot) development located in north
Fort Worth, bounded on the north by S.H. 114 and on the south by Litsey Road. This development is
located in Council District 2.
The proposed CFA for installation of the north/south thoroughfare (Cleveland Gibbs Road), reflects the
Annexation Service Agreement corresponding to Ordinance No. 14387, approved by City Council on
November 14, 2000, (M&C PZ-2243). That service agreement specifies that the City will reimburse the
developer for pavement oversizing of the north/south thoroughfare from Litsey Road to S.H. 114 and for
construction of drainage facilities as required according to the "Installation Policy of Community Facilities"
in effect in November 2000.
The developer is installing Cleveland Gibbs Road from the northern boundary of Chadwick Farms, Section
II to S.H. 114. However, the subject CFA includes installation of the thoroughfare only to the Fort
Worth/Northlake city limit line. The Fort Worth portion of Cleveland Gibbs Road includes a span bridge
over Elizabeth Creek.
The estimated costs of community facilities for Chadwick Farms from the northern boundary of Section II to
the City limit line are as follows:
Infrastructure Category Developer city Total
Paving $255,263.85 $62,010.00 $317,273.85
Bridge Improvements $0.00 $733,076.00 $733,076.00
Storm Drain $116,025.80 $0.00 $116,025.80
Street Lights $13,750.00 $0.00 $13,750.00
Street Name Signs $100.00 $0.00 $100.00
Engineering Design (6%) $0.00 $43,984.56 $43,984.56
Inspection $14,851.59 $0.00 $14,851.59
Total $399,991.24 $839,070.56 $1,239,061.80
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/17/2006
Page 2 of 2
Execution of this CFA would entail the allocation of City funds in the amount of$839,070.56 from the 2004
Bond Program Standard CFA Obligation funds. Funds for this project were included in the 2004 CIP.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
New Development Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C202 541200 202760022583 $795,086.00
C202 531200 202760022583 $43,984.56
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Katherine Mehl (7918)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/17/2006