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Home My WebLink AboutContract 35269COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. o-k�'�� WHERFAS, ��k Ti �'��r � s- , hereinafter called "Developer", desires to �-c,t��-! ��Zee-v i��ZIf�R; L � make certain improvements to Oak Timbers North Greenbriar, 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 follc�ws: I, General Requirements A, The Policy for the Installation of Community Facilities ("Policy") I: C � 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. �'he requirements of the Policy shall govern this Community Facilities Agreemez�t, provlded, however, that any conflict between the terms of this Com�nunity Facilities Agreement and the Policy shall be resolved in favor of this Agreement. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. Oak Timbers North Greenbriar CFA 03 3 0 07 1 ;�'�'J �� 1:;;� � 1i 7 v,J'a.'(;; � -=j�� ;"'r;i1s ��;� �;al ��:.� �� :� � :z�( ;,.,;:;^;,�, � i� � � � �; � � Y U, tvd --•.,��_'.. , E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. 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, perfarmance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or �r� 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 fvhole or in nart, bv the alleFed ne�ligence of the Citv of Fort Worth, its of�cers, servants, or emnlovees. 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). Oak Timbers North Greenbriar CFA 2 03 3 0 07 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 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 hereaf Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain (B-1) Attached; Street Lights and Signs (C) None. 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. �'he 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 $ 36,670.70. Oak Timbers North Greenbriar CFA 3 03 30 07 SUMMARY OF COST OAK TIMBERS NORTH GREENBR/AR ltem Developer City Cost Total Cost Cost A. Construction $ - $ 1. Streets $11,390.00 11,390.00 $ 2. Storm Drainage $23,205.00 23,205.00 3. Street Li hts $ - 4. Street Name Signs $ - B. Engineerin Design $ - C. Construction Engineering and Management by DOE $ $ (4% 1,383.80 1,383.80 D. Materials Testing by DOE $ $ (2% 691.90 691.90 $ $ TOTALS 36,670.70 $ - 36,670.70 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 xepresents two percent (2%) of paving and storm drain costs for materials testing. Oak Timbers North Greenbriar CFA 4 03 3 0 07 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 Ma.nager, attested by its City Secretary, with the corporate seal of the City affixed, nd, said D ve er as exe�uted this instrument in triplicate, at Fort S1�Iorth, Texas this the.�� day o , 2007. ....� Approval Recommended: �IC� IVi�� QiJIR�D ATTEST: /� (� i � (,' , , i ' i t ` ; , _ `, �Mart Hendrix City Secretary ATTEST: � �.- � .1►.. -� �i, -- .-- „ ,. . Transportation and Public Works Department `s�� / �� ✓ Robert Goode, P. E. Director Cit ort W rth Y i �L�_% Marc Ott Assistant City Manager DE LO R U��T�'n')�e2s �No,z�µ G',��,� ��K L By� �'(�YPUB� HEATHER L. BLUE Oak Timbers North Greenbriar CFA 5 ;O° Notary Public 03 30 07 a„�P State of Texas ''FaF��+ Gomm. Expir�:+ 12•15•2 5��'�; ' ';��, � ; -,> ' r��:, J 5�! �,� c 5� ��,°: �!� ;':,�p?y !u��,�iS�;, 1`i '� � �� `;��J�nlj 1��Z� EXHIBIT "A" � COMMUNITY FACILITIES AGREEMENT OAK TI�dBERS NORTH GREENBRIAR, L.P. SANITARY SEWER REPLACEMENT ALONG JAMES AVENUE AND PUBLIC IMPROVEMENTS FOR OAK TIMBERS APARTMENTS February 15, 2DD7 Item Approximate Total No. Quantity Unil Description of Ilem Unii Price' Amouni Bid PAVING ITEMS 1. 390 LF Fumish & Insiall 6' Reinforced Concrefe Sidewalk as delailed, r � �' D, v� complete in place, $ � $ � .r 2. 4 EA Fumish & Inslall Barrier Free Ramps, � � as detailed on plans. Compie(e in place, 3 �� $_� Z� _ STORM SEWER ITEMS 3. 190 LF Fumish 8 Ins(all 36-inch Rein(orced Concrete Pipe, including � �� /� �;.. excavafion, embedment and back(ill, complete in piace, $ �•• $ � 4. 1 EA Fumish & Install 36-inch Flarad Headwall, including "' �� excavalion, embedment and bac�ll, complete in place, $ � �� $ 3, Z�D 5. 15 CY Fumish and Inslall Rip Rap, inciuding excavalion, backfili y� �. 1— �i�r d� and materials, complele in place, $ y $ � Z/ J 6 7 190 LF Seed and Ferlilize disturbed area wiihin Greenbriar Park, including maferials, complete in place, 190 LF Design and Implemenlation of Trench Safely sys(em including sheeting, shoring, and bracing, complele in place, $ � r s �Sa '�- $ � `� $ J $ � •� B. 25 LF Driveway Restoration, including materials and subgrade stabilization '� '� for Access Road to Mainlenance Facility, complele in place, $ � $ �� SUBTOTAL PAVING AND DRAINAGE ITEMS $ �Y� S9S. �� UTILITY ITEMS 9. 430 LF Remove Existing 6" Sanilary Sewer and Cleanout, including 'y� •r excavation, loading and hauling of debris, complete in place. $� $ �� 0 10 . 515 LF Fumish and Install B-inch Diameter SDR-35 PVC Sanitary Sewer, �� -r induding lrenching embedmenl, backfill and testing, b �� $ � �a sewer varying 4' - B' deep, complete in place, 11 . 3 EA Fumish � Inslall Standard 4-Fool Diameler Sanilary Sewer Manhole, � � �� inciuding excavation, bac�ll and castings, complete in place, $ Z� da $ 7 2 ao 12 . 1 EA Connecl lo Existing Sanitary Sewer Manhoie, � � '= complete in place. $ r Z a o $ � ZQ a t 3. 1 LS fJ�ainiain Exisling Sanilary Sewer Services to serviced properties 'i ' � during sanitary sewer replacemenl, complete in place, $ � a� $ �� d� 14 . 515 LF Periorm Posl T.V. Sanitary Sewer Inspection trenching, embedment, backiill, fitlings, and marker, �J `1— complete in place, $ G $ l�� ' � r 15 . 515 LF Sawcut and Remove Existing Pavemenl, complete in place, $ % $ �0� 16 . 515 LF Furnish & Inslall 7" 4,000 psi Reinforced Concrele Paving, t' �- 7 � and Flowabie Fill for Subgrade Siabitization, complefe in place, $ � T $ 7�I Q G � MISCELLANEOUS ITEMS � 17 . 1 LS Fumish and Implement Tra�c Control Plan $ �� $ 3 Y�a •^ ' y- / '�- 18 . 1 LS Fumish and Implemenl Erosion & Sediment Control Plan 5 % B�� $ !�� 19 . 515 LF Design and Implementalion of Trench Safety syslem including � S's sheeling, shoring, and bracing, compleie in place, $_� $ S� SUBTOTAL UTILITY AND MISC. ITEMS $ I�, SS� ��,� Conirac(or Aulhorized Dale III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: INTERSECTIONS MID-BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID-BLOCK COLLECTOR MID-BLOCK ARTERIAL MID-BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT DEVELOPERS COST: $0.00 CFA CODE # 2007033 Oak Timbers North Greenbriar Fort Worth, Texas PAGE 1 OF EXHIBIT "C" QUANTITY UNIT COST 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 3,200 0 EA $ 3,200 0 EA $ 1,650 Subtotal City's Cost Developer's Subtotal 4% Inspection fee Project Total Adjacent Developer's Cost Developer's Cost March 28, 2007 TOTALCOST $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $0,000.00 $00,000.00 $00.000.00 $0.00 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: $0.00 March 26, 2007 CFA CODE # 2007033 Oak Timbers North Greenbriar PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: CFA CODE # 2007033 Oak Timbers North Greenbriar 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 zero (0) intersections at a cost to the Developer of $0.00: (Apartments, private) Oak Timbers North Greenbriar CFA code: 2007033 March 21, 2007 f�s...aw,x�n.�.ovw.n.on�. w.�..-4 .�'. :eF Ao�^.� � .a_ '�' �veR 4 6vE ee'oy b �' 97 =€ ap a§^ �fi ��l ' �.`9 � b§3� 'o o.qc . <g"y9 F: 'P : �� .%1�.t9 ' ,�Y 'F�o :R Q E 'F " a °9^ `' '__ V �'e �z oR9 °, F ' ''.9 a _ 4.a2'o 6' I� ^aFb e _ 9 �e _ � 9 S b�: b 9 5 a " ..�i - � I� � 4 8'e � _ " y. 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