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HomeMy WebLinkAboutContract 33057 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 33067 WHEREAS, Cottonwood Hammer, LP, hereinafter called "Developer", desires to make certain improvements to Providence at Marine Creek, 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 H, 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. f ' l Providence at Marine Creek-Newer CFA 41%and Utilities 09 07 05 (3).doc �, J 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 altered neWieence 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 construct current and future improvements provided for in this agreement. �. Providence at Marine Creek-Newer CFA 40/2and Utilities 09 07 05 (3).dot_ ------ 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, 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 $64,536.32. Providence at Marine Creek-Newer CFA 41/@ and Utilities 09 07 05 (3).doc SUMMARY OF COST Providence at Marine Creek Item Developer City Cost Total Cost Cost A. Construction $ - $ 1. Streets $6,316.00 6,316.00 2. Storm Drainage $42,517.00 42,517.00 $ 3. Street Lights $13,750.00 13,750.00 4. Street Name Signs $0.00 $ B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 1,953.32 1,953.32 TOTALS 64,536.32 $ - 64,536.32 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. 4. Paid$199,959.00 for future improvements for Old Decatur Road. Providence at Marine Creek-Newer CFA 4°/4and Utilities 09 07 05 (3).doc 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 Dev�ie�_lo''pe�Mr �. has executed this instrument in triplicate, at Fort Worth,Texas this the (qday of _Ie e 200 (0 Approval Recommended: Transportation and Public Works Department f" Robert Goode, P. E. Director City f Fo W h N0.1192-C Pu (.?.i a IiED - Marc Ott ` Assistant City Manager ATTEST: r Marty Hendrix City Secretary Appro d as to Fo COTTONWOOD HAMMER,LP ssist it ttorney BY:COTTONWOOD HAMMER GP,LLC ITS GENERAL PARTNER ATTEST: DEVELOPER By. AURS�: q -oS Corporate Secretary 1, TT HARRIS,VICE PRESIDENT Re r. .c II', ;y �vCu 7 .�Jly L�cs Providence at Marine Creek-Newer CFA 40/,§and Utilities 09 07 05 (3).doc Providence at Marine Creek DOE 15045 Paving Current Improvements(CFA) Description Unit Quantity Unit Cost Total Cost Subgrade Preparation (Lime Stabilization) S.Y. 265 $2.25 $596 Lime Tons 4 $105.00 $420 6"HMAC Pavement(2"Type D Surface on 4"Type B Surface) S.Y. 265 $20.00 $5,300 TOTAL(Paving) $6,316 f .. ✓ i L� !I.:LC a Providence at Marine Creek DOE 15045 Storm Drain Current Improvements(CFA) Description Unit Quantity Unit Cost Total Cost 24" RCP Storm Drain L.F. 288 $44.00 $12,672 4'Storm Drain Manhole Ea. 1 $2,500.00 $2,500 4'x 4'Y-Inlet Ea. 1 $2,500.00 $2,500 24" RCP Culvert L.F. 47 $44.00 $2,068 6:1 Safety End Treatment(Type II) Ea. 2 $750.00 $1,500 60" RCP Culvert L.F. 40 $160.00 $6,400 Concrete Headwall with Flared Wings for 0 Degree Skew Pipe Culvert(CH-FW-0) Ea. 2 $6,500.00 $13,000 Rip-Rap S.Y. 11 $35.00 $385 Trench Safety for Excavations Greater than 5 Foot in Depth L.F. 375 $1.50 $563 Sawcut and Remove Pavement S.Y. 22 $20.00 $440 Replace Pavement S.Y. 22 $22.25 $490 TOTAL(Storm Drain) $42,517 TOTAL(Paving and SD) $48,833 I Providence at Marine Creek DOE 15045 Old Decatur Storm Drain FuturiR Improvements(CFA) Description Unit Quantity Unit Cost Total Cost 10' Recessed Inlet Each 2 $2,200.00 $4,400 24" RCP LF 30 $44.00 $1,320 Rip-Rap SY 1 12 $35.00 $420 TOTAL (Storm Drain) $6,140 Note: The flows were included in the design of the swale for Providence at Marine Creek. The two 10-foot inlets provide enough capacity for the respective flows. Providence at Marine Creek DOE 15045 Old Decatur Paving Future Improvements(CFA) Description Unit Quantity Unit Cost Total Cost 6" Lime Stabilized Subgrade SY 5562 $2.25 $12,515 Lime Tons 76 $105.00 $7,980 7" Reinforced Concrete Pavement SY 5562 $25.00 $139,050 6"Concrete Curb LF 1854 $2.00 $3,708 5'Sidewalk ILF 1 1798 $17.00 $30,566 TOTAL(Paving) $193,819 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, 500 $0, 000.00 MID-BLOCK ARTERIAL 5 EA $ 2, 500 $12, 500.00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 500 $0, 000.00 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% Contingency $1,250.00 Project Total $13,750.00 Adjacent Developer' s Cost $00,000.00 Developer's Cost $13,750.00 2% Inspection Fee $00,000.00 CFA CODE #2005115 DEVELOPER' S COST: $13,750.00 PROVIDENCE AT MARINE CREEK Fort Worth, Texas August 31, 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 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 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 PROVIDENCE AT MARINE CREEK August 27, 2005 FORT WORTH, TEXAS CFA CODE #2005115 Page II of Exhibit C �,p i III "STREETLIGHTS" MID BLOCK OLD DECATUR RD 5 PROVIDENCE AT MARINE CREEK 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 zero (0) intersections at a cost to the Developer of$0.00: (No new intersections or public streets). Providence at Marine Creek CFA code: 2005115 August 27, 2005 z 820 �J Park � U J O R01//DEN AT AR/NE CR VICINITY MAP RECEIVED FINAL PLAT OF LOT 1 , BLOCK A PROVIDENCE AT MARINE CREEK BEING 21 .554 OF ACRES OUT OF THE J. BOMAN SURVEY, A-80 CITY OF FORT WORTH TARRANT COUNTY,TEXAS CASE FILE NO. AUGUST 2005 DEVELOPER: ENGINEER: SURVEYOR: PROVIDENT '' J O N ES & CARTE Rout t COTTON SURVEYING - REALTY AMMORS,INC. Ita ENGINEERS•PLANNERS•SURVEYORS E3 COMPANY 5400 LBJ FREEWAY, Dallas,Tens SUITE 975 3030 LBJ FREEWAY, SUITE 910 3030 LBJ FREEWAY, SUITE 910 DALLAS, TEXAS 75240 DALLAS, TEXAS 75234 DALLAS, TEXAS 75234 (972) 733-3399 (972) 488-3880 (972) 488-0440 MWG/D✓R ✓OB No. D070-032 F.B. PG. DWs. NO. 668 Providence at Marine Creek CFA Current Improvements z r A�Rltf' } SCALE.• 1"= 50' 7 PAVILLNNI ---------------- -----------L Asphalt Pavement Asphalt Pavement 0 D DECATUR R AD -- L G• P PRGEL B1 EOV1N P A 5�4�'R TP PSE 3� 1, EXHIBIT „B„ PROVIDENCE AT MARINE CREEK 'UI dei TARRANT COUNTY, TEXAS f , '• 'nI �' AUGUST 23, 2005 JrJON ES & CARTER,ine. �eeS ENCINEERS•PLANNERS•SURVEVORS 7030 LSJ Fm y,Sutle 910 DaRm.Tema 75274 JONES & CARTER, INC. "72'"88-388° 1 of 1 i O� / /✓ORTH / SCALE. 1"= 50" 2--'6 Rcp 35 UTILITY & DRAINAGE EASEMENT I II III 24'RCP / 4. ;. --- -------------------------------------- 0. 1 299 OT i L' tRPG502� Q 4 S 2 0 G• w 5 S• 6 P Q O�Q EXHIBIT "B-1 " PROVIDENCE AT MARINE CREEK TARRANT COUNTY, TEXAS AUGUST 23, 2005 r JON ES & CARTER,1.a. �� ENGINEERS-PLANNERS-SURVEVORS Lf 303D LBJ Freeway,Sults 910 Dallas,Teres 75231 JONES & CARTER, INC. '972"8&3M 1 of 3 td Q. ''�'• I ;�-�� 4'x4'.�%/et Q W Q NORTH SCALE.• 1'= 50' .� ` E IF 11 EXHIBIT "B-1 " L PROVIDENCE AT MARINE CREEK �'I ! TARRANT COUNTY, TEXAS AUGUST 23, 2005 J_ 1rJONES & CARTER,zuc. L . ENOINEERS•PLANNERS•SURVEYORS 3030 LBJ Freeway,SUHe 910 061189,Tema 75270 (972,493.3380 2 of 3 -- JONES & CARTER, INC. TEMPORARY DRAINAGE EASEMENT ---------- --- ------------------------ 47 LF NORTHI I 24"RCP SCALE: SCALE: 1 50' O i ----- --------- -�1� ---------------------------- I a¢d'ra/L--------- v W/Wingwa// ---------------- 77 40 LF OCD DECATUR R060 sa"RCP Headwa// AN W/WIngwa// VI I FICE1- o�� � 1 Rip Rop V00 K�SSGNE �JOLVMV_ p.R��• . EXHIBIT "B-1 " PROVIDENCE AT MARINE CREEK TARRANT COUNTY, TEXAS u AUGUST 23, 2005 f'•' r' JON ES & CARTER,I■e. Jr. ENGINEERS•PLANNERS-SURVEYORS 3030 M Feewey,SuBe 910 Dallas,Teras 75234 (972)48&3880 3 of 3 JONES & CARTER, INC. Providence at Marine Creek CFA Future Improvements (Old Decatur Road) LEGEND SIDEWALK ® PAVEMENT NORT7SCALE- 1"= 10C' L1 PUTIT ae ee a e a WPnE LANE Li I a a e e 0 1111g n QLQ rw Z N' A I NEriTDNE EWNYPMiNERS.LPARCEL Bi LU 1,l VOME L.C.PIGE 37 D.R.T.C.R.T.GT. EXHIBIT „B" CROSS-SECTION SCALE. 1"= lo' " J` PROVIDENCE AT MARINE CREEK FUTURE OLD DECATUR ROAD IMPROVEMENTS 5.0' 270' TARRANT COUNTY, TEXAS 7.5' AUGUST 23, 2005 JONES & CA RTE R,ne. J� ENGINEERS-PLANNERS-SURVEYORS - 40.0, 3030 LBJ Freeway,SuU 910 Dallas,Tens 75219 SONES & CARTER, INC. `97'4"8° 1 of 1 NOR7H) SCALE-: 1"= 50' u 24" RCP 24" RCP 10' INLET 10' INLET OLD DECATUR ROAD LEGEND SIDEWALK " EXHIBIT B-1 " PROVIDENCE AT MARINE CREEK PAVEM FUTURE OLD DECATUR ROAD IMPROVEMENTS TARRANT COUNTY, TEXAS RIP RAP t�,'`Jas °�' AUGUST 23, 2005 r'' JONES & CA RTE Rome. .r. ENGINEERS-PLANNERS-SURVEYORS 3030 LBJ Fra" Site 970 DA.,T—75774 (972)4983880 JONES & CARTER, INC. 1 of 1 NORPN SCALE.- 1'= 100' I L III I&D'11& b6 eb b ❑ r FM LAW \ ti e e a e n ❑ 0 qt QLQ DECATUR ROAD I KEYSTONE EOURYPARTNERS.LLC.PARCEL 01 VOLUME 13441,PAGE 37 D.R.T.C.T. LEGEND r EXHIBIT "C" SIDEWALK PROVIDENCE AT MARINE CREEK NOTE: LIGHT POLES ARE SPACED FUTURE OLD DECATUR ROAD IMPROVEMENTS EVERY 400 FEET. TARRANT COUNTY, TEXAS f ', _ PAVEMENT AUGUST 23, 2005 j �' JON ES & CARTER,inc. _ ENGINEERS-PLANNERS-SURVEYORS Tt LIGHT POLE 3070 LSJ Freeway,Suke 910 Dales,Teas 75234 (972I4B&3890 1 of 1 SONES & CARTER, INC. ..1Ltll�11L_L_llL � " "l L