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HomeMy WebLinkAboutContract 36506COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 0.5(Q WHEREAS, WS Commercial Partners, LTD, hereinafter called "Developer", desires to make certain improvements to Watuppa Springs Addition Phase I , 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, F"I"61 o Policy. `' ` Watuppa Springs Addition Phase I 1 41907 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 Watuppa Springs Addition Phase I 2 041907 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)Nones Sewer (A4) 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 Developers) 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, B1, and C. 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 $47,702.62. Watuppa Springs Addition Phase I 3 04 19 07 SUMMARY OF COST WATUPPA SPRINGS PHASE I Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $34,973160 $ 34,973.60 2. Storm Drainage $73010000 $ 71010000 3. Street Lights $33200000 $ 31200000 4. Street Name Signs $0.00 $ B. Engineering Design $ C. Construction Engineering and Management by DOE (4%) $ 11679034 $ 11679034 D. Materials Testing by DOE (2%) $ 839.67 $ 839.67 TOTALS $ 47,702262 $ - F $ 47,702.62 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. Watuppa Springs Addition Phase I 4 04 19 07 RECEIVE© MAY 01. T %J; 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, 5d,hid D eloper has executed this instrument in triplicate, at Fort Worth, Texas this the day o , 2009 Approval Recommended: TTEST: Marty Hendrix City Secretary ATTEST: Corporate Secretary Watuppa Springs Addition Phase I 5 04 19 07 Transportation and Public Works Department Robert Goode, P. E. Director City of Fort Worth de Marc Ott Assistant City Manager DEVELOPER WS Commercial Partners, LTD A Texas limited partnership By: Rland Woodlant 4SpnrXis GP, LLC Texas limitg4ty Company By: K.A. Manager N Isbell Engineering Group, Inc date: April 15, zao7 4084 Sandshell Drive IEG Fort Worth, TX 76137 Tel:817-244-9006 Fax:817-244-9483 ESTIMATE OF PROBABLE CONSTRUCTION COST WATUPPA SPRINGS ADDITION, PHASE I City of Fort Worth, Texas DOE NO, 5631/CASE NO. FS-007-038 rITEM '- :ESTIMATED PRICE , I NO. UNIT ' QUANTITY PER UNIT I AMOUNT _ ^DESCRIPTION -inch DRA4 PVC Water Pipe ..CF 1 05.0 $26.85 $18,929.25 2I. Connect to Existing 8" Water Sery ce_ _EA 6-inCh DR-14 PVC Water Pie ---fJ0 07.00 $407.00 3 F 86.0 $23.20 $11995. 0 $3,970.00 4 Fillings and Blocking 1.0 $3,970.00 • 5 2f-inch x 8-inch Tapping S eeve wl8=incTi va ve •- --_.. _.._ --- m- 8.0 ,7 5. 0 6 2-mc a er Services - - 7 6-in-cgGate a ve 8 __ 8 nc Gate Valve _ EA I _ _ 1.0 $955.00 955.00 9 Fire Hydrant Assembly 0.50 395.50 �1U Testing L - - 791.0 LF 791.0 0,25 $197676 - 11 _ _M-MM Trench S_a ety -_-. _ • _- $ 12 _ _ Bons 13 Bore EY. Roa way I TOTAL WATER COST $59,206.70 SANITARY SEWER 8-inc PVESDR-26 Sanitary Sewer Pia "Tight 4. 4 1 2 4 oot mbia. Standard Manhole wfWater Insert EA 5.0 1 -2-$ . 0 3 &4fic Service wrrwo- ay leanout (SDK-26) _ �.0 $40D'60 _11,1.765.00 $2,000,00 2 . $ 0 Testing /T. LF 443.0 4 Trench Safety F 44 T40 1.00 -- 43.00 g _ 6 _ 6-inch P DR-26 5an to Sewer f�i e F 5o.0 $26. 5 $1,32-7.50'l, _ - W40,001 7 oncrete Encasement for 8-inch Santary Sewer LF 30. $51 1,75000 -- ay Dam EA 8 MM- TOTAL SANITARY SEWER COSH EARTH R-IK­­­­"_._. - -- , 1 Clear, trip; Grub _ LS 1.0 $800.00 $3.50 _ $800.00 $773950 2 Unclassified Street Excavation CY 21.0 3 InstallationlMamtenance of Stormwater anagemen L5 1.0 50D.00 $500.00 MI -- TO AL EA 11TH RK COST- ----•--___ 2,073.511 - - - STORM DRAIN T _ f�Ock Ru ble Ri Rap SY 60.0' $35.00 $2, OOAO _ 36" ea wall A .0 21700.00 -.IM $2,700.00 2 3 Trench Safety ^ J _ LF 34.0-MMMMMM 1.00, _ $34.00 � $64,00 $2,176.00 _ 36" REP LF _ 34.0 4 F $7,010.00 TOT S?ORM M- � MMISYSTEM - - 6 Lime Su gr---b ate__ S 11 39.0 $2.25 $2,562.75 $106,00 1,575.00 _ ydrate Ime TN 15.0 -1 2 j T . reet-Pvmt - SY Z3600 06 $14.00 $2,618900 Wide Reinforced oncrete Sidewalk LF I 187.0 if---41 5 1rrc aIt Zone 1.0 $1,500,00 1,500.00 - an sca�Ing_ - SOD SY 229.0 y370.0 -$1.65IMM' $377.85 6 $ .00 $7 0.00 _ _._ _ 6' concrete cur rb 7 -- iA0 COST --.... _- _ ........_... 34,873.60 STREET LIGFITS j 1 __ tree g - -' EA 1m.0 2,500.00 $2,500.00 - TREET LIGHT COST$2,600,00 TOTAL COST $140,249a34 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: $3,200.00 CFA CODE # 2007043 Watuppa Springs Addition, Phase 1 Fort Worth, Texas PAGE 4 OF EXHIBIT "C" QUANTITY UNIT COST TOTAL COST 0 EA $ 2,600 $00,000.00 0 EA $ 2,600 $00,000.00 0 EA $ 2,600 $00,000.00 0 EA $ 2,600 $00,000.00 0 EA $ 3,200 $00,000.00 1 EA $ 3,200 $3,200.00 0 EA $ 1, 650 $00, 000.00 Subtotal $3,200.00 clty's cost $oo,000.00 Developer's Subtotal $00,000.00 4% Inspection fee $0,000.00 Project Total $00,000.00 Adjacent Developer's Cost $00.000.00 Developer's Cost $3,200.00 April 17, 2007 STREETLIGHT NORK 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: $3,200.00 April 16, 2007 CFA CODE # 2007042 Watuppa Springs Addition, Phase 1 PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: MID -BLOCK ARTERIAL MEDIAN: Alta Vista Rd CFA CODE # 2007043 Watuppa Springs Addition, Phase 1 PAGE 3 OF EXHIBIT "C" 1 2 3. 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. 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. This development creates the following zero (0) intersections at a cost to the Developer of $0.00. (Private multi -family development) Watuppa Springs Addition, Phase 1 CFA code: 2007043 April 17, 2007 SUBJECT PROPERTY FORT WORTH, TEXAS VICINITY MAP CALLED 4.753 ACRES COMMERCAAL TRACT ONE PRAIRIE MEADOWS, LTD. VOL. 14705, PG 520 (TRACT I REMAINDER) ZONING: E REMAINDER OF CALLED 7.064 ACRES WS COMMERCIAL PARTNERS, LTD. CCI D206331472 0,P.R.I.C.T 1, 024 SY OF 7" THICK CONCRETE PAVEMENT I LOT fl I 44,477 V ,\ I 187 LF OF 4' WIDE �A SIDEWALK C/ 02GKSJIi73 1. 44 43 THE VILLAGES OF WOODLAND SPRINGS WEST CAB' A, SLO. 10762 / P.R.T.C.T " ZONING A-5 i AREA OF FUTURE ROADWAY IMPROVEMENTS 120' R.O.W. 60' I10' 36' 14 I 12 12 12' 4' SIDEWALK--r 1 1 /2 STREET SECTION „s THE t?LCAGES OF WOODLAND SPRINGS PHASf 111, SECTION IV CAB. A, SLO. 8373 ZONING A-5 RUM ST. MEDIAN OPENING i � WATUPPA SPRINGS PHASE I DATE PREPARED: 4-4-07 L'`"`""` vxmwxeMr. DOE N0. 5631 t u G8 A A0. 10762 761 c' DRAWN BY: SMC CHECKED BY: LJO EACH I BIT B SCALE: 1 "=100' ISBELL ENGINEERING GROUP 4084 Sandshell Drive Phone (817)244-9006 Fort Worth, TX 76137 Fax (8 1 7)244-9483 Project # IEGO6751 www.iegonline.com CALLfO 4.753 ACRES COMMERCAIL TRACT ONE PRAIRIE MEADOWS, LTD. VOL. 14705, PG 520 (TRACT I REMAINDER) ZONING. E 56 55 \ IF IF \ 54 3• S6A' wmw NAfL R Itf W:MT ES�� Ga A SM 10762 ➢RT.C! /--.� 51 51 - TIlf VILLAGES OF WOODLAND SPRINGS WEST CAB, A, SID. 10762 P.R.TC.T ZONING: A-5 1 / Ta �72z /TSB-P.R: St � 49 48 BLOCK 99 LANCE LEAF DRIVE WATUPPA SPRINGS PHASE I DATE PREPARED: 4-4-07 DOE N0. 5631 DRAWN BY: SMC CHECKED BY: LJO ISBELL ENGINEERING GROUP 4084 Sandshell Drive Phone (817)244-9006 Fort Worth, TX 76137 Fax (817)244-9483 Project # 1EG06751 www.iegontine.com GALLED 4.75J ACRES COMMERCAAL TRACT ONE PRAIRIE MEADOWS, LTD. VOL. 14705, PG. 520 (TRACT i REMAINDER) ZONING.• E C/ DXJbJIiIIJ l REMAINDER OF CALLED Z064 ACRES WS COMMERCIAL PARTNERS, LTD. CCI D206JJ1472 O.P.RT.0 r. LOT { I II,lJ7Y LY xxmnc wee 3 uVlR1WSf E541. U8 A SiO. 10767 azccc 44 LA1 THE VILLAGES OF WOODLAND SPRINGS WEST CAD; A. SLD. f0762 ZONING: A-5 EXHIBIT C SCALE: 1 "=100' THE VILLAGES OF fY00DLAND SPRINGS PHASE III, SECTION !V CAB. A, SLD. 8J7J ZONING: A-5 RUM S1: FUTURE STREET LIGHT PER CITY OF FORT WORTH STDS WATUPPA SPRINGS PHASE DATE PREPARED: 4-4-07 DOE N0. 5631 DRAWN BY: SMC CHECKED BY: LJO ISBELL ENGINEERING GROUP 4084 Sandshell Drive Phone (817)244-9006 Fort Worth, TX 76137 Fax (817)244-9483 Project # IEGO6751 www.icgonline.com