HomeMy WebLinkAboutContract 34486 i
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARR-ANT § Contract No-,q, 49L
WHEREAS, FHP Partners, LP, hereinafter called "Developer", desires to make
certain improvements to Fossil Hill Estates. Phase 5, 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 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 11, of the
Policy. ECEIVED
P? 1 2006
Fossil Hill Estates Ph 5 TPW CFA2 1 1,�K
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.
Fossil Hill Estates Ph 5 TPW CFA2 2
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.
U. 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, Bl,
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 $1,514,699.97.
Fossil Hill Estates Ph 5 TPW CFA2 3
SUMMARY OF
COST
Fossil Hill Estates Phase 5
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $868,665.99 868,665.99
2. Storm Drainage $546,333.98 546,333.98
3. Street Lights $41,800.00 41,800.00
4. Street Name Signs $1,300.00 1,300.00
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 56,600.00 56,600.00
TOTALS 1,514,699.97 $ - 1,514,699.97
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.
Fossil Hill Estates Ph 5 TPW CFA2 4
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,M' "d Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the
ay o' IJ�C
2006.
Approval Recommended:
Transportation and Public Works
Department
'ff° 5
Robert Goode,P. E.
Director
L!NO!M&C RrQUIRED Marc Ott
Assistant City Manager
ATTEST:
M Hendrix-
City
endrixCity Secretary
Approv a o Form
Assist y C' Attorney
ATTEST: DEVELOPER
FHP Partners, LP
By: Land Development Management
Corp., Its sole General Partner
By:
Corporate Secretary Michael K. Love,President
Gfv P..-resca
����� ROD
RECEIVED
O$F1
Fossil Hill Estates Ph 5 TPW CFA2 5 CIU MCIR IRY
N -HIGH`
W ELi
z 00
S CL
PROJECT
L OCA TION Q
P� o Ioo Z
B .7
s F
PARK
1•b
W
EL
HARMpN
y1
z �-f
J N
C =
a
OPT W❑PTH CITY LIMIT
SAGINAW CITY LIMIT
BAILEY - BOSWELL
0
BAILEY- '
6p'VELL �\
v ttDvice rp`c�.
u Ville�GPEEN VA SPC f
o Hogs<o�� cpLE
�PPRK CONtpR \ •D
rAl HEADp NpRNPN (\f.c ��/
A4 HE -VICA pV DPL N 2 MEADp
I
N.TS.
0OSSHL 0000 0000000
00000 0
LOCATED EN
COT[ Y OF FORT WORTH9 TEXAS
OVINM EVE OPER BY: PRERNRED BY:
1501 7 TRI Freeway,swte IQ® A\�11 eSil�L
Dallas,TX X 75234
biETPO:(972)27_3947 CIVIL ENGINEERS—PLANNERS—SURVEYORS
FAX:(972)438-9329 f� 2405 Mustang Drive,Grapevine,Texas 76051
AUGUST9 2005 Metro(817)329-0373
E AI()1h4\Plons`.Phose;5 vFos sil Hill—Phose 5—CFA. Aug 29 09 04 :02 20015
U)
CD0
V Cu
N
s g o
3M Q � N�
„{{""
N � G
NCO an w N
_ 7Z �0am N
V Q a ^m
CL)
cn
w � o
0.q n
LL
I
u,
A UI
rD
9 3
Q Q Z
Q p O O
71Ydl1HNA1PlLU Q
Qz � m� o
C13 LL
mO ui
NQz rNo
N . I rnrmxtnvsiivn . Z p V p U O U Q d
�LO
ss ti�
a
s
W 3
CL a-
LLJ
. —
...
b ::. ..... ...... ................
grew adiufa; q
s g
rn �
¢ V1�a4
(`moi°
\ ..
....................... ..... �—`-I ss���
In
a i
o
N
Qcc I
2 h
m
'OW Q
m m
anv w i d to
z �
A a m
u y � Ul
m
a U 13
W tM 7
x � c w L
z
O x y L9 C7 F-
N CA M Z
v x (Dv IL N o I
n N C-
i j � g n
_ Q
JCD
LL
tn
LQ � I
-- ;, (D
J—
V)
o o �'
f a N
i d`x L
o M .n ' Ix W O U-)
a z a Z Z J O In
ro
$ as cc anrQaaal . Q Z j
d I Q L N
N
a
1 AYA - d ' `---_�'� O Z O
:IaxI , W o o ti o
� a W a
i _- --r.�_.. „� W w
d -
6a'Y:lay�o�aarisi . .. .. .. .. .. .. ............ .. .. .......
dWti2i_ ...... ..... _.
e I Aisaxis:.'..:'.'.:'.'....................._..
a : SSLYJSSTIWIIS : : j
/a .BSVHdBNRLM: y
0
a
g I N
�1 10ul � =
PIP
� :.. .. ........... .. .. .. ... { N isw
Ln l
O
O
N
y L
O
S o
C
� N I
cev w m I
�zCl
(U
O7 i
a
® Wm
Z
W
c� L
G N Q
LL
FUJI
w Ln
^ ^ vrdcasia�aarI i a
^.
En
I I a
L
( U ji ,
TM sanravub
LL
1�j Ln
LD
scram asnvavma� u w a i
11C'
-- W 4 3
Ad
ji
T. � �:. ►.
a ' Gd i3LY.L9TIDr7163IIf
N/d .ayyrusanrni.
< ia
.... : .. ...• ....................
ao
i
.0
f VIL
a
i
i
i
}
ENGINEER'S OPINION OF PROBABLE COST
Date: 8/25/2005 Project: Fossil Hill, Estates,Phase 5 Client: FHP Partners,LP
Job No: 10164 Location:Fort Worth,Texas Page: 1 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
Paving Facilities
1. 7"Reinforced Conc.Pavement S.Y. 4,191 $25.50 $106,870.50
2. 6"Reinforced Conc.Pavement S.Y. 22,321 $22.00 $491,062.00
3. Subgrade Preparation S.Y. 28,173 $2.25 $63,389.25
4. Hydrated Lime @ 301b/sy Tons 423 $105.00 $44,415.00
5. Barrier Free Ramps Ea. 38 $450.00 $17,100.00
6. 4' Sidewalk L.F. 2,589 $14.00 $36,246.00
7. Install End-of-Road Barricade L.F. _ 401 $39.00 $15,639.00
8. Saw Cut&Connect to Exist. L.F. 114 $16.00 $1,824.00
I 9. Construct Concrete Header L.F. 401 $5.00 $2,005.00
10. Connect to Concrete Header L.F. 29 $8.00 $232.00
11. Type"A"Rock Rip Rap S.Y. 86 $63.00 $5,418.00
12. Pavement Markings Ea. 166 $6.60 $1,095.60
13. Traffic Control L.S. 1 $4,400.00 $4,400.00
10% Contingency $78,969.64
Paving Subtotal $868,665.99
i
I
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.
rZ
CITY NCH R, ff
! ENGINEER'S OPINION OF PROBABLE COST
Date: 8/25/2005 Project:Fossil Hill,Estates,Phase 5 Client:FHP Partners,LP
IJob No: 10164 Location:Fort Worth, Texas Page: 2 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
4 Storm Drain Facilities
1. 10'Curb Inlet Ea. 11 $2,438.25 $26,820.75
2. ' 10'Recessed Curb Inlet Ea. 2 $2,600.00 $5,200.00
3. 36" Class IV R.C.P. L.F. 469 $91.00 $42,679.00
4. 33" Class III R.C.P. L.F. 459 $75.00 $34,425.00
5. 33" Class IV R.C.P. L.F. 112 $70.00 $7,840.00
6. 30" Class III R.C.P. L.F. 244 $58.00 $14,152.00
7. 27" Class III R.C.P. L.F. 74 $52.00 $3,848.00
8. 24" Class III R.C.P. L.F. 758 $47.00 $35,626.00
9. 24" Class IV R.C.P. L.F. 56 $58.00 $3,248.00
I
10. 21" Class III R.C.P. L.F. 274 $40.00 $10,960.00
j 11. Tx 2'R.C.B. L.F. 139 $145.00 $20,155.00
12. 4'x 3'R.C.B. L.F. 706 $125.00 $88,250.00
13. 6'x 3'R.C.B. L.F. 568 $215.00 $122,120.00
14. 6'x 4'R.C.B. L.F. 127 $230.00 $29,210.00
15. 8'x T SDMH Ea. 1 $4,800.00 $4,800.00
16. 8'x 5' SDMH Ea. 1 $4,200.00 $4,200.00
I 17. Tx 5' SDMH Ea. 2 $3,200.00 $6,400.00
18. 4'x 4' SDMH Ea. 1 $2,700.00 $2,700.00
19. Tx 4' SDMH Ea. 1 $3,050.00 $3,050.00
20. 4.5'x 4' SDMH Ea. 1 $2,875.00 $2,875.00
21. Inlet Protection Ea. 12 $175.00 $2,100.00
' 22. Open Channel C.Y. 2,230 $4.25 $9,477.50
23. Gabion Mattress S.Y. 106 $118.00 $12,508.00
24. Trench Safety L.F. 3,986 $0.50 $1,993.00
25. Hydromulch-Channel Stabilization L.S. 1 $2,030.00 $2,030.00
10%Contingency $49,666.73
Storm Drain Subtotal $546,333.98
i
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
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 12 EA $ 2, 000 $24, 000. 00
MID-BLOCK RESIDENTIAL 5 EA $ 2, 000 $10, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $4, 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 0 EA $ 2, 500 $0, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000. 00
Subtotal $38,000.00
City' s Cost $00,000.00
Developer's Subtotal $38,000.00
10% Contingency $3,800.00
Project Total $41,800.00
Adjacent Developer' s Cost $00,000.00
Developer' s Cost $41,800.00
2% Inspection Fee $00,000.00
CFA CODE #2005116
DEVELOPER' S COST: 441,800.00
FOSSIL HILL ESTATES, PHASE V
Fort Worth, Texas
September 12, 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: $41,800.00
FOSSIL ESTATES, PHASE V
September 10, 2005
FORT WORTH, TEXAS
CFA CODE #2005116
Page II of Exhibit C
III
"STREETLIGHTS"
FOSSIL HILL ESTATES, PHASE V
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 thirteen (13) intersections at a
cost to the Developer of$1,300.00:
Evening View Dr & "Street U"
Evening View Dr & "Street V"
Evening View Dr & "Street W"
Evening View Dr& Hillwood Blvd (future)
Evening View Dr& Tradewind Dr
Fox Hill Dr& Tradewind Dr
Fox Hill Dr& White Falcon Way
Fox Hill Dr & Quicksilver Dr
Fox Hill Dr & Wildriver Tr
Fox Hill Dr & Ridgewater Tr
Chrysalis Dr & Tradewind Dr
Chrysalis Dr & Quicksilver Dr
Chrysalis Dr & Ridgewater Tr
Fossil Hill Estates, Phase V
CFA code: 2005116 September 10, 2005
CITE% +�? 1�1