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HomeMy WebLinkAboutContract 33568 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No WHEREAS, Armstrong Risinger,, IHulen, L.P., hereinafter called "Developer",t7 desires to make certain improvements to t,6i ahJ e,S:n4er- SSC , 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, Denton and Wise 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 and subsequently amended, is hereby incorporated into this Community Facilities Agreement as if copied 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. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. Uy—U-C6,a. Ri er FA—03 22 06 1 :� ��I'}I,I R}� UU 'J4 �� Iii �Oe '.'J'N b:LLUY' Yi:Ke F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. 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 Fort Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. 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). J. 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 the Developer for this contract. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to Hulen and Risinger CFA—03 22 06 2 Ff. 1 construct current and future improvements provided for in this agreement. M. 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. N. 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 for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, BI, 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 $63,729.95. )A� a Hulen and Risinger CFA —03 22 06 3 � � EY.PV SUMMARY OF COST Hulen and Risinger SEC Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $50,102.59 50,102.59 2. Storm Drainage $10,020.00 10,020.00 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ B. En ineerin Design $ C. Construction Engineering and Management by DOE $ $ 4% 2,404.90 2,404.90 D. Materials Testing by DOE $ $ 2% 1,202.45 1,202.45 TOTALS 63,729.95 $ - 63,729.95 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 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. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. Hulen and Risinger CFA—03 22 06 4 CITY M11-NE UH H. 'e�ORTH, 12K. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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 day of 92006. RECEIVED Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director City r o [:NLObMt.&CREQU IRED Marc Ott Assistant City Manager ATTEST: Marty Hendrix City Secretary Approved as to Form: L-� Assi t Ci Attorney ATTEST: DEVELOPER Armstrong Risinger Hulen, L.P., a Texas Limited Partnership By: Armstrong Risinger LLC, A Texas Limited Liability Co., its General Partner Hulen and Risinger CFA—03 22 06 5 By: Gustine Investments, Inc., a Pennsylvania Corporation, its Sole Member �.c4'.CL Ay1��r7✓t lL� By: Corporate Secretary Douglas J.�yI executive President Hulen and Risinger CFA—03 22 06 6 Community Facilities Agreement for SEC HULEN AND RISINGER January 30, 2006 (r > Description Quantity Unit Unit Price Total Exhibit B* Paving A. 6" Lime stabilized subgrade 1,105 S.Y. $ 2.25 $ 2,486.25 B. Hydrated Lime (27#/s 15 TON $ 105.00 $ 1,566.34 C. 7"concrete pavement 1,105 S.Y. $ 28.00 $ 30,940.00 D. 4'sidewalk 935 L.F. $ 14.00 $ 13,090.00 E. Type I sidewalk ramp 4 Ea. $ 350.00 $ 1,400.00 F. Type III sidewalk ramp 1 Ea. $ 450.00 $ 450.00 G. 6"Concrete Curb 85 L.F. $ 2.00 $ 170.00 H. Subtotal $ 50,102.59 4% Inspection fee $ 2,004.10 2%Testing Fee $ 1,002.05 Exhibit B-1 *Storm Drain A. Connect to Exist. Inlet 4 Ea. $ 500.00 $ 2,000.00 B. 21" RCP 30 L.F. $ 40.00 $ 1,200.00 C. 24" RCP 105 L.F. $ 44.00 $ 4,620.00 D. 10'Curb Inlet 1 Ea. $ 2,200.00 $ 2,200.00 E. F. Subtotal $ 10,020.00 4% Inspection fee $ 400.80 2%Testing Fee $ 200.40 Total Insp/Test Fee $ 3,607.36 Total Construction Cost $ 60,122.59 1.25% Total Const. Cost $ 75,153.23 G:\Office Data\WORK\436\07\CFA-PAVING.xlsCFA-PAVING.xis 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, 650 $00, 000. 00 Subtotal $00, 000. 00 City' s Cost $00, 000. 00 Developer' s Subtotal $00, 000. 00 4% Inspection fee $00,000.00 Project Total $00, 000. 00 Adjacent Developer' s Cost $00. 000. 00 Developer' s Cost $00,000. 00 CFA CODE #2006018 DEVELOPERS COST: $ HULEN & RISENGER SEC March 7, 2006 Fort Worth, Texas March 7, 2006 CIT Z"!1H�7iIPY FT, "ou°rUW, tic� 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 March 7, 2006 DEVELOPERS COST: $ HULEN & RISENGER SEC CFA CODE #2006018 PAGE 11 OF EXHIBIT A. III "NO STREET LIGHTS INVOLVED" HULEN & RISINGER SEC PAGE III OF EXHIBIT "C" oFFICI U,,K 1?kDD CITE' MCIMIUff FT. :, , oj ij , 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: (Retail property, no new intersections.) Hulen and Risinger Sec CFA code: 2006018 March 1, 2006 w wo tY Q ~ O Elf z w w z J E' S � m S w � U O (n uT CO RD 1035 LJ W IS GER R� PROJECT C SITE F1 F1 LOCATION MAP MAPSCO 103T NOT TO SCALE � � 14 �� 195 �®®®(�°Il✓g1�C��p �l-Ill(�°o 'f�a �,��%'�''.�in ����fa CONSULTING CIVIL ENGINEERS • SURVEYORS (9 72) 490-7090 FAX (972) 490-7099 Scale = 120Date : 30 06 ANTONIO CAS77LLO SURVEY, ABSTRACT NO. 272 SHEET Design M.D.C. CITY OF FORT WORTH VICINITY MAP Drawn W.A.I. TARRANT COUNTY, TEXAS 1 o.+caARMSTRONG PROPERTIES, INC. SEC HULEN AND RISINGER OF Dwg. File 43607CFA.dwg BIRMINGHAM TOWERS 2100 VMARTON STREET #700 Project No. : 43607.00 20 PITTSBURGH , PA 15203 FORT WORTH, TARRANT COUNTY, TEXAS 5 - 8-215,BLR 4J,LOT a- I --- MOUT,MEADOW.001nON Bl1(63.LOT} YOL]8 P0.89 WREN MEADOW A001nON T m HC RAMP W RISINGER RD. (120'ROW) —1573, FD 5' ---- 1 Q _ L FIR 83-00 10 U 0 i 1 I PROP. 7° �ONC. PVMT. (DRIVEWAY) 'ET � cru+s� ro I OLu, , 000ITION " oac A 9528 I Z 1 1 tl �,ah I I 0.04 ACRES N WII LOT 3,BLOCK A -1 2 I 00'R RI 5. a, I I N 8711'00'W am a' y M%,b e'wm.V-1 PROP' 4' SID A RETAIL - L094 ACRES OT A I C I 1 j FIR_ ZEUG80N I 3 w N - UTJRL __ 1 —e'IR.uN�———J 1 d I 1 1 Fv = PROP. 7" CONC. PVMT. (DRIVEWAY) J _ti,ow onnnoN ------ PROP. MEDIAN OPENNING PROP. LEFT TURN LANE W. RISINGER RD. (120'ROY) PROP.P we •.e -LME LME 3'WATER EA6EMENT —----- I 7 66 .._._... _...J—... 15 SAN�WR EASEMENT_—PA—PO.-v POBl1C— —— 'I L I 159.60' 3 I PROP. 7" CONC. PVMT. (DRIVEWAY) CONSULTING CIVIL ENGINEERS _ SURVEYORS R r (972) 490-7090 FAX (972) 490-7099Yt Scale 1 = 120 Date : 1 30 06 ANTONIO CASTILLO SURVEY, ABSTRACT NO. 272 PAVING EXHIBIT SHEET Design M.D.C. CITY OF FORT WORTH TARRANT COUNTY, TEXAS EXHIBIT B 4 Drawn W.A.I. OWNER: Dwg. File 43607BCFA.dwg ARMSTRONG PROPERTIES, INC. SEC HULEN AND RISINGER OF BIRMINGHAM TOWERS 2100 MARTON STREET #700 FORT WORTH, TARRANT COUNTY TEXAS 5 Project No. : 43607.00 20 PITTSBURGH , PA 15203 i I I I I I ,1�(���py(,ep 67,Lor oIn89 - BU(67 LOT 7 'E TING L10�F•�9ml% e9 NULER MEADbw AU-n9 ,2a _ _ vCL 386_2,s,PC.e9_W-EX+S Nfy-24'LRGP IV I T —r• W. RISINGER RD. (120 ROW) W it n R P. 24 RC F..A .SY --24 CP ME -----�_ � — -- --�— a i OII�E s I (� s o.908 Aces S )LOOK ' cin P oa A I gl PG 9526 I Z '2 �M1a ,1o.654 ACRES 00'R LOT 3.BLDCK A _ — — I I I (A p^ k I IN BP1I'm* w NN 7V X 1 ' I I M 4 B•WIR_LWE 4600 6F. RETAIL 1.094 ACRES I LOT 2,KDCK A I FF-872.50 1 I UGSON 3^ ....x.� �► m I o'R- .. TRACT 9.810 ACRES .. (427483.5 SO.FT.) 229"11— URE— IRNN E FRANK 8 ROBERT L ZEUGSON VOLUME 11582,PAGE 2962 I )A I 1 a� IB Si 83.48'30'W 11. g• to N 8933'22'W 500.00• ,T ri �, nr�r1 nlf� � ������ t7�� VONSULTING CIVIL ENGINEERS 6 SURVEYORS •" (9 72) 490-7090 FAX (972) 490-7099 Scale I"= 120 Date : 1130106 ANTONIO CASTILLO SURVEY, ABSTRACT NO. 272 STORM DRAIN EXHIBIT SHEET Design M.D.C. CITY Or FORT WORTH TARRANT COUNTY, TEXAS EXHIBIT B-1 5 Drawn W.A.I. o4*+ER: Dwg. File : 4360781 CFA.dwg ARMSTRONG PROPERTIES, INC. SEC HULEN AND RISINGER OF BIRMINGHAM TOWERS 2100 MARTON STREET #700 FORT WORTH, TARRANT COUNTY TEXAS 5 Project No. : 43607.00 20 PITTSBURGH , PA 15203