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Contract 32497
COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No 3g�w WHEREAS S. J. BOSWELL. RIDGE DEVELOPMENT, LP, hereinafter called "Developer", desires to make certain improvements to BOSWELL MEADOWS, 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 STEVE HAWKINS, S. J. BOSWELL RIDGE, LLC, GENERAL PARTNER OF S. J. BOSWELL RIDGE DEVELOPMENT, LP, 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 H, paragraph 7 of the Policy, t r CFA BOSWELL MEADOWS 2005 1 � E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. 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 Citv of Fort Worth, its officers, servants, or emplovees. G. Developer shall install o r adjust all o f the required utilities to s erve 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 t o p rovide, a t i is e xpense, a 11 n ecessary r ights o f w ay and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. CFA BOSWELL MEADOWS 2005 2 FROM P P GREENHAW III INC PHONE NO. : 1 617 335 7655 SEP. 26 2005 01:31PM P2 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 (13- 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 B 1, 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 $400,550.76 ITEM DEVELOPER COST CITY COST TOTAL COST A. Construction I.streets $328,185.35 0 $328,185.35 2.Storm Drainage $35,325.00 0 $ 35,325.00 3.Street Lights $22,000.00 0 $ 22,000.00 4.Street Signs $ 500.00 0 $ 500.00 B_ Engineering Design. 0 0 0 C.Construction Engineering and Management by DOE (4%) $14,540.41 0 0 TOTALS $400,550.76 0 $400,550.76 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 fonrl 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 $61,845.00 for future improvements for Bailey Boswell Road. CFA BOSWELL MEADOWS 2005 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 vel e has executed this instrument in triplicate, at Fort Worth, Texas this the IT day of 2005. Approval Recommended: O M&C REQUIRED Approved as to Form: Assistant C�i y orney ATTEST: y: Corporate Secretary CFA BOSWELL MEADOWS 2005 4 Transportation and Public Works Department Robert Goode, P. E. Director ity rt W Marc Ott f3 Assistant City Manager �.,j�+I�•��� WKINS, PRESIDENT FROM : F P GREENHAW III INC PHONE NO. : 1 817 335 7655 OCT. 11 2M4 11 : etswi rc SPECIFICATIONS CONTRACT DOCUMENTS FOR LOTS 1-39, BLOCK 1; LOTS 1-31, BLOCK 2; LOTS 1-19, BLOCK 3; LOTS 1-12, BLOCK 8; LOT 15, BLOCK 9; LOTS 1-6, BLOCK 11 BOSWELL MEADOWS PAVING & DRAINAGE IMPROVEMENTS FILE NO. W-1532 D.O.B. NO. 4556 IN THE CITY OF FORT WORTH, TEXAS MIKE MONCRIEF MAYOR AUGUST 2004 PREPARED BY F. P. GREENHAW III, INC. FORT WORTH, TEXAS GARY JACKSON CITY MANAGER ENGINEERS/PLANNERS 1 817 335 7654 FROM.: F P GREENHAW III INC PHONE NO. : I. e17 335 7655 OCT. 11 2004 11:0BAM P3 PROPOSAL (This proposal must not be removed from this book of contract documents) F To: STEVE HAWKINS ! F. P. Greenhaw.TII, Inc. a. 3332 West 7th Street ] Fort Worth, Texas 76107 Fort Worth, Texas 2004 FOR: LOTS 1-39, BLK.1; LOTS 1-31, SLK.2; LYTSu 1-19, BLK. 3; LOTS 1-12, BLK. 8; LOT 15, PLK. 9; LOTS 1-6, BLK, 11; BOSWELL MEADOWS ADDITION PHASE 2 FILE NO. W-1532 D.O.E. NO. 4556 r Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans and specifications, and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all the labor, materials, and equipment as provided for in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public works of the City of Fort Worth, and binds himself on acceptance of the Proposal by the Owner to execute a contract and furnish an approved Performance Bond, Payment Bond and Maintenance Bond approved by the City of Fort Worth for the performing and completing the said work within the time stated and for the following sums, to wit: (The quantities in this proposal are approximate. It is the Contractor's responsibility to verify all the bid item quantities prior to bid submittal). PAY SPEC APPROX. ITEMS WITH BID PRICES UNIT TOTAL ITEM QUANTITY WPaJTEN TN WORDS PRICE PRICE PAVING: 1. 5,330 CY Unclassified street excavation -7;v 6 Dollars g„f _ r� cents per LF. $ a. ;ZS $lZf9.7 -0 2. 13,049SY 8" Lime Stabilization Dollars �y. �,&—cent s per SY . $ /, 4S $ 25, 5"/S.St- FROM F P GREENHAW III INC r a i' 1 4: r f PAX �TFM 3. PHONE N0. 1 817 335 7655 OCT. 11 2004 11:09AM P4 SPEC AP 215 TON PROX. ITEMS WITH BID PRICES UNIT TOTAL C)jJANTITY WRITTEN IN WORDS DRE PR.�CE TCS Lime /l/,'6t�- A,�P Dollars yo cents per TN. $ F9.40 $.2/.2,f5.00 5. 7,250 LF 6" concrete pavement Dollars cents per SY. $ $ 2So aiy.Po 7" Attached Curb �9hP Dollars ,61„ cents per LF $ I.ao S_7_..2..5'O.00 6. 12 EA Adjust Manhole 04p Au,7A/reJ Dollars ,410 cents per EA$ /00,00 $ I,-2D0.00 7. 7 EA I 1 8. LS Adjust Gate Valve Dollars �vo Cents per EA$ Sa-Do $ 350.40 Testing �iireP �vusan�. Dollars -410 cents per LS$ 3,000•DD $ .%.600.00 Adjust Gate Valve Dollars �vo Cents per EA$ Sa-Do $ 350.40 Testing �iireP �vusan�. Dollars -410 cents per LS$ 3,000•DD $ .%.600.00 FROM : F P GREENHAW III INC PHONE NO. : 1 617 335 7655 OCT. 11 2004 11:09AM P5 PAY SPEC APPROX. ITEMS WITH BID PRICES UNIT TOTAL =M nUANTITY PRICE PR7U 9. LS Erosion Protection le.yemtj�-fiee huaddwl Dollars ivn cents per LS . $ ;7S00.0q $ 7,S4a7 0 10. LS Construction Staking i�Ye/Ye t'flos�sa..� Dollars cents per LS. $ lZ0oo.0b $ /.ZD00.46 11. 4 EA Barricades A,4,, Dollars yo cents per EA. $ Soo -Do $ .2 DDO•QO 12. 10 EA Handicap ramps uR//eri �:'�`6Dollars yn Cents per EA. $ 6 S'O-oo $ /, SOD QO 13. 172 SX 6" HMAC TRANSITION(INCLUDTNG SAWCUT OF EXISTING ASPHALT) %je4i1/ Dollars ,y„ Cents per SY>$ .26.00 $ I VY0.ap TOTAL PAVING i CIO +a i J FROM F P GREENHAW III INC PHONE NO. : 1 617 335 7655 OCT. 11 2004 11:10AM P6 PAY SPEC APPROX. ITEMS WITH BID PRICES UNIT TOTAL ,M Ot] N TTY WRITTEN IN WORDS PJMCE PRICE / DRAINAGE: 70 •LF 21" RCP Installed /_rorfy--Avp. Dollars Cents per LF$ gS.Oo S SO 217 LF 27" RCP Installed lc-,',C,Lll Dollars Aln Cents per lf$ ,So.00 $ /0,8S0.0p 1 EA 27" Diameter Headwall 1 fa�.1E'� �i unr/,�•.� Dollars y� Cents per EA$ /, .?oo. oo $ /_ .Z OO. oo 2 EA 27" Safty headwall Dollars ,vA Cents per EA. $ /.BOo.Oo$ 3600.0Q 3 EA 10' Curb Inlet JAQ JtAaata- J Dollars ,va Cents per EA$ 2 Qa0.00 $ 0.4 1 EA 4' Diameter MH Dollars yo Cents per EA. $ 1600•4b $....,App. oo 850 CX Temporary Ditch �ft�ee Dollars ,yo Cents per LS$ 3.00 $-?SSo.e6 r 2 tSL \ i FROM F P GREENHAW III INC PHONE NO. 1 817 335 7655 OCT. 11 2004 11:10AM P7 4 AY SPEC APPROX. ITEMS WITH BID PRICES UNIT TOTAL / ITEM OU�NTITY WRITTEN IN WORDS PRICE PRIG 1-1fr 75 SY Loose Rock RipRap Dollars .ro Cents per SY$ 65-.00 $ q, F75.00 LS Stabilize ditch slopes Dollars yp Cents per LS$ /Spo.Oo $ /.SAo.00 TOTAL DRAINAGE $ 3S. 3 z.S. 00 FROM : F P GREENHAW III INC PHONE NO. : 1 617 335 7655 OCT. it 2004 11:11AM PS This contract was issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with the State Comptroller's ruling #95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of. the State? Comptroller's ruling ##95-0.09 as amended to be effective October 2, 1968. The Contractor shall comply with City Ordinance No. 7278, as amended by the City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Aa working days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction established by the City of Fort Worth, Texas. Within ten days of the notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars ($ ) is to become the property of the Owner or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. Respectfully submitted, ,cone. ,r�C`enst��ct:onTK.L•� SEAL DATE : / (4 a3 t l e, .2- oo y Jerry Conafser, President of _ Coneteer M". 13cmurA Group, Inc. G.P. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. BOSWELL MEADOWS FORT WORTH, TEXAS ESTIMATE EXHIBIT `B" STREETS LIME STABILIZATION LIME 6" CONCRETE 7" CURB ADJUST M.H. ADJUST W.V. EROSION PROTECTION BARRICADE TESTING H.C.RAMPS HMAC TRANSITION 13,173 SY X $1.95/SY 215 TONS X $99.00/TN 11,972 SY X $20.90/SY 7,350 LF X $1.25/LF 12 EA X $100.00/BA 9 EA X $50.00/BA LS 4 EA X $500.00/EA LS 10 EA X $600.00/BA 120 SY X $18.00/SY TOTAL PAVING =$25,687.35 = 21,285.80 =250,214.80 = 9,188.00 = 1,200.00 450.00 = 6,000.00 = 2,000.00 = 4,000.00 = 6,000.00 = 2,160.00 =$328,185.95 BOSWELL MEADOWS FORT WORTH, TEXAS ESTIMATE EXHIBIT "B-1" DRAINAGE 1. 27" RCCP 217 LF X $50/LF =$10,850.00 2. 2 1 " RCCP 70 LF X $45/LF = 3;150.00 3. 10' CURB INLET 3 EA X $2,000/EA = 6,000.00 4. 27" HEADWALL 1 EA X $1,200/EA = 1,200.00 5. SAFETY END HEADWALL2 EA X $1,800/EA = 3,600.00 6. DITCH EXCAVATION 850 CY X $3/CY = 2,550.00 7. M.H. 1 EA X $1,600/EA = 1,600.00 8. LOOSE ROCK RIP RAP 75 SY X $65/SY = 4,875.00 9. STAB. DITCH SLOPE LS X $1,500/LS = 1,500.00 TOTAL DRAINAGE=$35,325.00 BOSWELL MEADOWS ADDITION ESTIMATE OF COST BAILEY BOSWELL ROAD ESCROW PERIMETER ROAD COST For 4921f of frontage along Bailey Boswell Road, proposed to be 110' ROW with 4 lane divided and using 27' face to face for 1/2 of the required roadway, the following estimate is prepared: 1. Excavation 636 cy x $2.25/cy =$ 1,431.00 2. Lime Stabilization 1,582 sy x $1.95/sy = 3,084.00 3. Lime 26 tons x $99/ton = 2,574.00 4. 7" concrete paving 1,527 sy x $22/sy = 33,594.00 5. 7" attached curb 9821f x $1/lf = 982.00 6. Erosion protection is x $500/ls = 500.00 TOTAL PAVING DRAINAGE 1. 24" RCCP 4921f x $40/lf TOTAL DRAINAGE TOTAL ROAD COST PAVING COST PER LF $64,305/492 LF =$42,165.00 =$19,680.00 =$19,680.00 =$61,845.00 =$125.70/LF I. STREET LIGHT COST ESTIMATE INTERSECTIONS MID -BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID -BLOCK COLLECTOR MID -BLOCK ARTERIAL PARKWAY MID -BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT CFA CODE #2004137 QUANTITY UNIT COST TOTAL COST 5 EA $ 2,000 $10,000.00 5 EA $ 2,000 $10,000.00 0 EA $ 2,000 $0,000.00 0 EA $ 2,000 $0,000.00 0 EA $ 2,500 $0,000.00 0 EA $ 2,500 $0,000.00 0 EA $ 1,500 $0,000.00 Subtotal $20,000.00 City's Cost $00,000.00 Developer's Subtotal $20,000.00 10% Contingencies $2,000.00 Project Total $22,000.00 Adjacent Developer's Cost $0,000.00 Developer's Cost $22,000.00 2% Inspection Fee $0,00.00 DEVELOPER'S COST: $22,000.00 BOSWELL MEADOWS ADDITION September 20, 2004 Fort Worth, Texas PAGE I OF Exhibit C September 22, 2004 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: $22,000.00 BOSWELL MEADOWS ADDITION September 20, 2004 FORT WORTH, TEXAS CFA CODE #2004137 Page II of Exhibit C "SREETLIGHTS" INTERSECTIONS BOSWELL MEADOWS DR & BAILEY BOSWELL RD 1 BOSWELL MEADOWS DR & HAWKVIEW DR 1 BOSWELL MEADOWS DR & BLUETOP DR 1 SHALLOW CREEK DR & HAWKVIEW DR 1 HAWKVIEW DR & BLUETOP DR 1 MID - BLOCK BOSWELL MEADOWS DR 2 HAWKVIEW DR 3 BOSWELL MEADOWS ADDITION Page III of Exhibit C Iv STREET NAME SIGNS 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 five (5) intersections at a cost to the Developer of $500.00: Note: Exhibit shows cost per intersection of $200.00 Bailey Boswell Rd & Boswell Meadows Dr Bluetop Dr & Boswell Meadows Dr Bluetop Dr & Hawkview Dr Boswell Meadows Dr & Hawkview Dr Hawkview Dr & Shallow Creek Dr Boswell Meadows Addition CFA code: 2004137 September 14, 2004 FROM F P GREENHAW III INC PFCNE NO. : 1 817 335 7655 OCT. 03 200b U,5 - -iz;orm r-,L rK o BAILEY ROSWELL ROAD PROJECT SITE W. J. BOAZ ROAD VICINITY MAP ' I A O 21 22 25 26 27 28 29 30 31 32 33 34 35 31-37 3839 2 3 4 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 24 _ 23 - - - -- - ---------------------- \��. -e-- --- -- --- -- - --- -- - ©1 I -------- __._-_--is---- 8 7 6 5 4 3 2 1 2 3 4 5 6 7 8 9 10 11 -12 13 14 16�i / 11 l0 9 O A 8 \ 14 2 C+ O 17 12 j j 43 �'------- 2 18 % � � i �� 22 ` 1 23 3 I 31 30 29 28 27 26 25 24 23 22 21 20 19 i i 13 / \ �\� 14 4 i� 18 ; i . \\\ 21 y \Y 5 -- -- - -- -- 17 - ------ --- --- -- -- - -' 16 \ 20 15 \\\ 21 \\\ 3 4 5- 6 7 8 9 10 11 12 13 14 \\ 22 \\ � � 24 23 -- I I 39 38 137 36 I 35 34 � 33 32 31 I 30 29 I 28 ; 27 i 26 11 25 \1\ \\\\\ --\ BOSWELL MEADOWS FORT WORTH, TEXAS EXHIBIT "B" STREETS -'. I I 22 26 27 28 29 30 31 32 33 34 35 36 37 38 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 24 25 23 04 ---- -- % 7 6 5 4 3 2 15 1 2 3 �4 5 6 7 8 9 10 11 12 13 14 168 � i 11 10 9 O 1 15 i 14 f� 2 11 CC I 17 12 % � 43 I(�1-------- 4'-, I 3 I I 1�„+� I © 18 % J.(� �- i ( i� ��� 22 ; 23 � � 24 1 31 30 29 28 27 26 25 24 23 22 21 20 19 19 4 1 - -- - - - - ---- //18 \ il 14 i21\ 1 J 1 5 I I — --i�1Fz-:-iii'C.-�-77 .- -�• j 17 \ 20\ `✓i \`__--�1 rl �l 16 t5 \ \ r j-, 1 2 3 4 5 6 7 e 9 10 11 12 13 14 \\ 22 \\ 7 I @ \ 23 \\\ \ 1-------'1 `\ 24 39 38 37 36 35 34 33 32 31 30 29 28 27 26 125 1\ I ` y` 0 BOSWELL MEADOWS FORT WORTH, TEXAS EXHIBIT "B-1" DRAINAGE N Vilv" I 0 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Z. \1 © 1 2 3 4^ 5 6 7 8 90 11 1122 13 14 15 161, I i 17 3 I i i I 31 30 29 28 27 26 25 24 23 22 21 20 19 19 i .—..—...—.—.—.—.—.—.—.�.�•� f � 17 24\ 25 \ 26 1 2T 4 28 29 I 30ET2 13L 34 I 35 136 37 3g �9 5 j I f "\\ 20 16 ` is \` `. 6 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 \ 22 7 O \ 23 `\ 1 1 1 \ 24 i 39 38 37 36 35 34 33 32 31 30 29 28 1 27 1 26 1 25 \\ .I«— — — ---r — �15 3 2 1 / 11 la 9 O 14 4 12 3 13 i 22 23 24 r----- I ---_ — I 0 BOSWELL MEADOWS FORT WORTH, TEXAS EXHIBIT "C" STREET LIGHTS