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Contract 33642
COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Texas Housing and Economic Resources, Inc., hereinafter called "Developer", desires to make certain improvements to Jean Hills Addition, Blocks 1-4, 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 Reverend Nehemia Davis, its duly authorized President, 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. 06-15-06 P02 :52 IN CFA JEAN HILLS ADDITION BLOCKS 1-4 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 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 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: �""Jcjf�j �11off CFA JEAN HILLS ADDITION BLOCKS 1-4 2 J Ua •.r"J�J��' ��1�1e 4 . 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 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 $781,838.00. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 552,000.00 $ - $ 552,000.00 2. Storm Drainage $ 187,100.00 $ - $ 187,100.00 3. Street Lights $ 28,500.00 $ 28,500.00 4. Street Name Signs $ 800.00 $ 800.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE 2% $ 13,438.00 M $ 13,438.00 TOTALS $ 752,538.00 $ 29,300.00 $ 781,838.00 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. Sidewalks to be installed at time of building permit. A separate financial guarantee is required for sidewalks. 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. CFA JEAN HILLS ADDITION BLOCKS 1-4 3 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 ay of,TA , 200 +. Approval Recommended: Transportation and Public Works Department NO lie&C 'PU:-QUiR D Robert Goode, P. E. Director ATTEST: City Of Fort Worth f)--\ By: X-'� rnQlhf'� Tlpn r'� Marc Ott City Secretary Assistant City Manager Appro as to Form, r A tan y Attorney ATTEST: DEVELOPER Texas Housing and Economic Resources, Inc. ; Corporate Secretary Reverend Nehemia Davis President IC-,IAli i CFA JEAN HILLS ADDITION BLOCKS 1-4 4 1f% �EIPE1AkP17 LandCon Engineers/Planners/Surveyors A division of Hunter Associates Texas, Ltd. Opinion of Probable Cost Project: Jean Hills Project No.: 2001-028A Owner: Texas Housing & Economics Prepared By: EAC .Resources, Inc. Subject: Paving Facilities Date: 03/25/03 Item Description Quantity Unit Unit Price Amount 1 Subgrade Manipulation 24,000.00 SY 1.35 32,400 2 Lime 360.00 TN 92.00 33,120 3 6" Concrete Pavement 23,200.00 SY 16.88 391,616 4 7" Concrete Curb 15,500.00 LF 1.00 15,500 5 Joint Sealant 30,200.00 LF 0.87 26,274 6 Concrete Pavement Header 30.00 LF 6.00 180 7 End-of-Road Barricade 30.00 LF 17.00 510 8 HMAC Transition Pavement 10.00 TN 120.00 1,200. 9 Erosion Control 1.00 EA 1,073.00 1,073 Sub-Total $ 501,873 Contingencies 50,127 Engineering Other" Total $ 552,000 61R':;'HTA`(�QY Page Pa e4of5 2501 Parkview Dr., Suite 200 (817)335-5065 Fort Worth,Texas 76102-5814 FAX (817)335-5067 LandCon Engineers/Planners/Surveyors A division of Hunter Associates Texas, Ltd. Opinion of Probable Cost Project: Jean Hills Project No.: 2001-028A Owner: Texas Housing & Economic Prepared By: EAC Resources, Inc. Subject: Storm Drain Facilities Date: 03/25/03 Item Description Quantity Unit Unit Price Amount 1 Trench Excavation 1,500.00 CY 4.10 6,150 2 21" RCP 80.00 LF 34.00 2,720 3 24" RCP 600.00 LF 40.00 24,000 4 30" RCP 250.00 LF 48,00 12,000 5 54" RCP 215.00 LF 123.00 26,445 6 10' Curb Inlet 14.00 EA 3,100.00 43,400 7 15' Curb Inlet 2.00 EA 4,400.00 8,800 8 Remove/Reconstruct 10'Curb Inlet 1.00 EA 4,169.00 4,169 9 4' Square Manhole 3.00 EA 3,443.00 10,329 10 24" Concrete Headwall 3.00 EA 1,557.00 4,671 11 30" Concrete Headwall 2.00 EA 1,557.00 3,114 12 54" Concrete Headwall 2.00 EA 7,727.00 15,454 13 12" Rock Rubble Rip Rap 450.00 SY 16.00 7,200 14 Erosion Control 1.00 EA 1,551.00 1,551 Sub-Total $ 170,003 Contingencies 17,097 Engineering Other* Total $ 187,100 CUT' JF-10A Y Page 3 of 5 'R . `'•Y`JSH, URIL 2501 Parkview Dr., Suite 200 (817)335-5065 Fort Worth, Texas 76102-5814 FAX (817)335.5067 E. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 8 EA $ 2 , 000 $16, 000 . 00 MID-BLOCK RESIDENTIAL 5 EA $ 2, 000 $10, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 6 EA $ 2 , 000 $12 , 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0 , 000 .00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2 , 200 $0 , 000 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 200 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $38, 000 . 00 City' s Cost $28, 500 . 00 Developer' s Subtotal $0 , 000 . 00 10% Contingencies $0 , 000 . 00 Project Total $38, 000 . 00 Adjacent Developer' s Cost $0 , 000 . 00 Developer' s Cost $0, 000 . 00 2% Inspection Fee $0, 00 .00 Developer' s Responsibility See PG III-1, "Line 7" JEAN HILLS, BLKS 1-4 April 10, 2003 Fort Worth, Texas April 10, 2003 !E��ul!� MY 6KAMAUff n `rirf 1:;C, f III- 1 2 . 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 . Streetlights on arterial streets shall be installed with underground conduit and conductors . 4 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities" . S . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational . 6 . A 3-inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points . 7 . Street light conduit and footings shall be installed by the developer' s contractor as part of and at the time of street construction. The city will obtain electric service and complete the street light construction in accordance with approved plans . B . The developer or their contractor shall contact City' s street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-8100 to insure proper inspection of work. 9 .The procedure for installing conduit and footings will be with the inspector on the job site or you can request a copy by calling 817- 871-6596 . JEAN HILLS, BLKS 1-4 April 10, 2003 III- 2 "STREETLIGHTS" INTERSECTIONS S . RIVERSIDE DR & GLEN EDEN DR 1 GLEN EDEN DR & LEONARD ST 1 GLEN EDEN DR & ROSITA ST 1 GLEN EDEN DR & CHRISTIAN ST 1 GLEN EDEN DR & SIMS DR 1 CHRISTIAN ST & JEAN HILLS LN 1 JEAN HILLS LN & ROSITA ST 1 LEONARD ST & SIMS DR 1 MID - BLOCK GLEN EDEN DR 3 LEONARD ST 1 SIMS DR 1 CHANGE OF DIRECTIONS GLEN EDEN DR 1 LEONARD ST 3 JAEN HILLS LN 1 CHRISTIAN ST 1 � l JEAN HILLS, BLKS 1-4 IV STREET NAME SIGNS 1 . The City 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 City 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 eight (8) intersections at a cost to the City of $800. 00 : Glen Eden Drive and Christian Street Glen Eden Drive and Rosita Street Glen Eden Drive and Leonard Street Glen Eden Drive and South Riverside Drive Glen Eden Drive and Sims Drive Jean Hills Lane and Rosita Street Jena Hills Lane and Christian Street Sims Drive and Leonard Street V Jti d. 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