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HomeMy WebLinkAboutContract 34496 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. - WHEREAS, Thomas Crossing, L.L.C., hereinafter called "Developer", desires to make certain improvements to Thomas Crossing Addition — 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, 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 II, 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. Thomas Crossing Ph. V CFA—09 07 06 1dyti� lug r�.;iy�U a7 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 Thomas Crossing Ph. V CFA—09 07 06 2 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, 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, 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 $428,811.53. IV,FRIII ,I REND Thomas Crossing Ph. V CFA—09 07 06 3 CIrI1 LPER�11 R 'a;;��1;C;�7 IU E" SUMMARY OF COST Thomas Crossing Phase V Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $270,051.58 270,051.58 2. Storm Drainage $118,881.00 118,881.00 3. Street Lights $15,808.00 15,808.00 4. Street Name Signs $735.00 735.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 15,557.30 15,557.30 D. Materials Testing by DOE $ $ 2% 7,778.65 7,778.65 TOTALS 428,811.53 $ - 428,811.53 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. Thomas Crossing Ph. V CFA—09 07 06 4 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, arid said Developer has executed this instrument in triplicate,at Fort Worth,Texas this the• day of 2001.' Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director ffSForrt NO M&C REQUIIt1:D arc Ott rssistant City Manager ATTEST- Marty Hendrix City Secretary Approved as to Form: As ' tant Ci 'Arney DEVELOPER: Thomas Crossing, L.L.C. AT ST: By: Corpo ate Secretary eter Thomas Authorized Partner E© I ROD Thomas Crossing Ph. V CFA—09 07 06 5 CITY SR-1:3 AW 08/09/2006 15:58 FAX 214 596 7394 AB&R ESTIMATING i 002 RECEIVEEs �.. AU6 j ! 2006 Austin Austin Bridge & Road An Austin Industries Company 100%Employee Owned Austin Bridge&Road,LP. 6330 Commerce Drive,Suite 150 August 9,2006 Irving,Texas 75063 214/596-•7300 i Thomas Crossing,L.L.C. Attn:Peter Thomas P.O..Box 884 Mansfield,Texas 76063 I Gentlemen: REVISED PROPOSAL We propose to furnish all labor,materials and equipment to Construct,as an'independent contractor, the following described work: DESCRIPTION AND LOCATION: Thomas Crossing,Phase 5 Fait Worth,Texas 1 - 'Wa�_� i,i.;calx :.i+i;,i•i \,'•' - ?i.�;• 'e�+1.^„_._w� p,\...?t. '',� :.1. ) Ifein'#,Desai tiori•;'-_-,:,_�-;�:::., ,`.Cs, •. ,�;:.. , A;.��;:�..�:,.,,, u..'�.•,...y•.:.,.,.:��r,; uRnti";�'•r:-•:,Uiiit>•;Uriit'Eizce':':`�., -•_��Tot�I I I REMOVE&DISPOSE UISTING DEAD END BARRICADE 1.000 EA $400.00 $400.00 2 SAWCW&REMOVE SXISIING 1-1IyUC PAVEMENT- 15.000 5Y $40.00 $600.00 3 6"_LIME STABILIZED SUBGRADB 71805.000 SY $2.50 $I9,512.50 4 6"REIISFORCED CONCREM PAVEMENT W/7"CURBS 7,300.000 SY $26.50 $193,450.00 5 2"ASPHALT TRANSITION PAVEMENT 155.000 SY $42.00 $6,510,00 6 BARRIER FREE RAMPS(NO ADA PAVERS) 4.000 EA $800.00 $3,200.00 7 4"CONCRETE SIDEWALK _ 128.000 LF _ $17,25 $2,208.00 8 HYDRATED LWE _ 118.000 TON $100.00 $11,800.00 9 STREET LIGHT FOUNDATION _ 8.000 EA $875,00 $7,000.00 i 10 2"SCH 40 PVC ELECTRICAL CONDUIT FOR STREETLIGHTS r _1,788.000 LF _ $7.15 $12,784.20 11 2"RIGID METAL ELECTRICAL CONDUIT FOR STREET LIGHT 155.000 LF $15.15 $2,34825 12 GROUND BOX AND COVER _ _ 6.000 EA $485.00 $2,910.00 13 SERVICE CONNECTION TO EXIST POWER.SOURCE 1.000 LS no bid 14 B"ROMULCH SEEDING FOR PARKWAYS 49,207.000 SF $0.09 $4,428.63 ' 15 SWPPP MAINTENANCE 1.000 LS $2,900,00 $2,900.00 Bid Total: $270,051.58 i This proposal is subject to the"Bid Qualifications"attached to original proposal on July 18,2006., i I Your acceptance of this proposal by signing and returning the original copy to us within(10) ten days and the approval by us of credit arrangements will constitute a contract, ACCEPTED: AUSTIN DGE&RO , BY: BY: roy Childers TITLE: Estimator Austin Bridge&Road, L.R. DATE: 6330 Commerce Dr.,Suite 150 Irving,Texas 75053 214.696,7300(Main) 214.596..7398(Fax) Feb 14 06 06: 22p Steed Ino. 817-926-4181 P• 3 Thomas Crossing LLC Thomas Crossing Phase V February 14, 2006 Page 3 STORM DRAINAGE: 21"Cl. III. RCP 402 LF $ 47.00 $ 18,894.00 24"Cl. Ill RCP 194 LF 53.00 10,282.00 10' Curb Inlet 5 Ea. 3100.00 15,500,00 Deep 10'Curb Inlet 1 Ea 4200.00 4,200.00 4' Square Manhole 1 Ea 3100.00 3,100.00 21"Type A Headwall 1 Ea 1800.00 1,800.0.0 24"Type B Headwall 1 Ea 2000.00 2,000.00 4x4' Box Culvert 149 LF 150..00 22,350.00 TxDOT FW-0 Headwall for 4x4 RBC 2 Ea 470D.00 9,400.00 6'x2' Box Culvert 70 LF 200.00 14,000.00 Straight T)DOT SW-4 Headwall with parallel Drainagel safety runner for 6x2 RBC 2 Ea 6700.00 13,400.00 Trench Safety 905 LF 1:00 905_UQ Sub-Total Storm Drainage $115,831.00 City of Fort Worth.Bonds 3.050.00 TOTAL STORM DRAINAGE $11$(881.00 TOTAL PROPOSAL $608,433.60 There are no inspection or development fees included in this proposal. Subgrade restoration to be within plus or minus 0.3' of subgrade existing at time utilities begin. There is no provision in this proposal for hydro mulching. Disposal of surplus materials to be onsite. All work to be. performed to accord with final approved plans prepared by Dunaway, Associates, Inc. Consulting Engineers, and City of Fort Worth Specifications. All engineering and staking is to be performed by your engineer. Payment of monthly estimates, based upon actual quantities furnished and installed, less. 10% retainage, is due within 10 days from the date of the estimate. Payment of the final estimate is:due within 10 days after completion and acceptance by the City. III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 1,900* $5,700.00 MID-BLOCK RESIDENTIAL 2 EA $ 1,900* $3,800.00 CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 1,900* $5,700.00 MID-BLOCK COLLECTOR 0 EA $ 2,600 $00,000.00 MID-BLOCK ARTERIAL 0 EA $ 3,200 $00,000.00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3,200 $00,000.00 RELOCATE EXISTING LIGHT 0 EA $ 1,650 $00,000.00 Subtotal $15,200.00 City's Cost $00,000.00 Developer's Subtotal $15,200.00 4% Inspection fee $608.00 Project Total $00,000.00 Adjacent Developer's Cost $00.000.00 Developer's Cost $15,808.00 * Residential streetlights are $2,600.00 for pole, luminary + base &conduit, $1,900.00 when base & conduit is installed by developer's forces. DEVELOPERS COST: $20,800.00 CFA CODE # 2006051 Thomas Crossing, Phase V Fort worth, Texas September 6, 2006 PAGE 1 OF EXHIBIT "C" II. STREETLIGHTS 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 of Fort Worth will install all the streetlights 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 streetlight installation is detailed on page (1) of exhibit "C" and is summarized below. The streetlights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPERS COST: $15,808.00 April 24, 2006 CFA CODE # 2006051 Thomas Crossing, Phase V PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: INTERSECTIONS Southern Oaks Dr& Burleson Retta Rd 1 Southern Oaks Dr & Lytham Ct 1 Southern Oaks Dr& Southern Oaks Ct 1 MID — BLOCK Southern Oaks Dr 1 Southern Oaks Ct 1 CHANGE OF DIRECTION Southern Oaks Ct 1 Lytham Ct 2 CFA CODE # 2006051 Thomas Crossing, Phase V PAGE 3 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$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 three (3) intersections at a cost to the Developer of$735.00: Southern Oaks Dr & Burleson Retta Rd Southern Oaks Dr & Lytham Ct Southern Oaks Dr & Southern Oaks Ct Thomas Crossing, Phase V CFA code: 2006051 April 21, 2006 OAK GROVE OAK GROW I t6 1187 FORT NORTH SPINKS AIRPORT EarrT oA LWT 0 WLL.Ow ..................-....'k RUS G ELI T)- OAK + PROJECT RED 0 SIT WN-&7T WW A MAMAW poRr*w7H arr UWT ary LWW o a. J BURLESON-- Pop 16.111 —T OAKS VICINITY MAP RECEIVE t(-', FOR THOMAS CROSSING PHA SE V (NOT TO SCALE) N6 DunawaEngineers y Planners Surveyors Associates, L 4VAssociates, .Pry s . I Landscape Architects 1501 Merrimac Circle,Suite 100,Fort Worth, TX 76107 Tel:(817)335-1121,Fax:(817)335-7437 �VW tea@ C-6Ov ff it e 41 li In Y ■ l 1 --' ----.. a - 1 1 I m_ lI................ apt r--...... ------- --- , it -- {�yy J m « e i - ------- --- ' e g TOO Ilii CA s v � �¢ too X111 - +11 II Q 111 11 Kn 11 gtiu 111 a o ;1 3� 11 11 n t ` _______________ ___ ________-_ _ "` 11 nbI I��•�Il�� \\ 1 C � I '..-. . I! .. - n jl � I: i I I � �.--- _.................................................: 1 ..... I -_ _- •G'8 ... _... I .... ---------. ... ... J L________________.. 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