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Home My WebLink AboutContract 35543 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. a55�3 WBEREAS,C,`.a e :t SVLv hereinafter called "Developer", desires to make certain improvements to Hulen Retail, 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 H, 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. Hulen Retail 1 CFA 2007037 061307 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 H, 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). Hulen Retail 2 CFA 2007037 06 13 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 hereof: Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain(B-1)None; 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. H. 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. 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 $ 12,644.74. Hulen Retail 3 CFA 2007037 061307 SUMMARY OF COST HULEN RETAIL Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $11,929.00 11,929.00 2. Storm Drainage $0.00 $ - 3. Street Lights $0.00 $ - 4. Street Name Si ns $0.00 $B. Engineering Design $C. Construction Engineering and Management by DOE $ $ (4%) 477.16 477.16 D. Materials Testing by DOE $ $ (2%) 1238.58 238.58 $ $ TOTALS 12,644.74 $ - 12,644.74 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. Hulen Retail 4 CFA 2007037 06 1307 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, attest by its City Secretary, with the corporate seal of the City affixed, an said De op �_ 'as executed this instrument in triplicate, at Fort Worth, Texas this the y of� . 2007. Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director C' f Fort rth Ei M&C R�QUIRRD Marc Ott Assistant City Manager ATTEST: Marty Hendrix City Secret Approv a to Form: Assis ity ttOey C II ATTEST: DEVELOPER By: (,)A— Corporate Secretary RECEIVEC Hulen Retail 5 .JUN 15 CFA 2007037 h` 06 13 07 - :I F UI/I~T...QR......�W TH .TI~3f1 ..€ &'I.. ............:....................:............. HULEN RETAIL 29-May-2007 PAVING ITEM# DESCRIPTION CITY UNIT PRICE AMOUNT 1* 6" R.C. STREET PVMT W/7"CURB 152 S.Y. 22.00 3,344.00 2* 7" R.C. STREET PVMT W/7"CURB 46 S.Y. 25.00 1,150.00 3 SAW CUT 6"CURB AND GUTTER AND DISPOSE 247 L.F. 5.00 1,235.00 4 SIDEWALKS 1000 S.F. 3.25 3,25C.00 5 SIDEWALKS RAMPS 6 EA. 450.00 2,700.00 6 STORM WATER MANAGEMENT 1 L.S. 250.00 250.00 SUBTOTAL PAVING $11,929.00 INTERNAL SIDEWALKS TO BUILT BY THE HOMEBUILDER * INDICATES PRICES FROM CFA UNIT PRICES STORM DRAIN SYSTEM ITEM# DESCRIPTION CITY UNIT PRICE AMOUNT 1* 33" RCP 0 L.F. 58.00 0.00 2* 24"RCP 0 L.F. 44.00 0.00 3* 21" RCP 0 L.F. 40.00 0.00 4* TRENCH SAFETY STORM DRAIN 0 L.F. 1.00 0.00 5* STD 10'CURB INLET 0 EA. 2,200.00 0.00 6* STD 15'CURB INLET 0 EA. 3,200.00 0.00 7* STD 20'CURB INLET 0 EA. 3,600.00 0.00 8* 33"SLOPING HDWL 0 EA. 2,600.00 0.00 9* 24" SLOPING HDWL 0 EA. 2,300.00 0.00 10 4-8'X 4'MBC 0 C.Y 495.00 0.00 11 PARALLEL WINGWALL 0 C.Y 562.00 0.00 12 ROCK RIP RAP 0 S.Y. 35.00 0.00 13 STORM WATER MANAGEMENT 0 L.S. 500.00 0.00 TOTAL STORM DRAIN SYSTEM $0.0011 * INDICATES PRICES FROM CFA UNIT PRICES STREET LIGHTS & SIGNS ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 STREET LIGHTS 0 EA. $2,200.00 $0.00 2 STREET SIGNS 0 EA. $100.00 $0.00 TOTAL STREET LIGHTS/SIGNS $0.00 G:\JOB\014959\EST\CFA\HULEN RETAILPKWY070529.XLS 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: (Existing streets, existing signs) Hulen Retail CFA code: 2007037 March 22, 2007 III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2,600 $00,000.00 MID-BLOCK RESIDENTIAL 0 EA $ 2,600 $00,000.00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,600 $00,000.00 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 $00,000.00 City's Cost $00,000.00 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 $0.00 DEVELOPERS COST: $0.00 CFA CODE # 2007037 Hulen Retail Fort Worth,Texas May 16, 2007 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: $0.00 March 27, 2007 CFA CODE # 2007037 Hulen Retail PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: CFA CODE # 2007037 Hulen Retail PAGE 3 OF EXHIBIT "C" l A Y t! , r; PLPF P, S LAND EST LE K 1.0 2 J LASS N Q g F� KEN AY LEDGE PARTRI GE CITY STONE IVANHO pA� HIGH GROVE SOUTH q STAR FAWN ( EST a: EVE REST \ I o DARLA I! PROJECT CARLYLE LOCATION boo �BURG ES L o ALBER AR OAKMONT cF NOT TO SCALE 0 P LOCATION MAP HULEN RETAIL Carter Burgess CARTER & BURGESS,INC. 777 MIN STREET FORT WORM,TX 76102 )817)735-6000 PROJECT NO. 014959 N SCALEe l" = 100' i9FM9J�oF�s��jFNS S sly 9'T'O ESQ' c 9NF�.t. "k T jr0 U't .T N C '9TTF�� / / tiU� OU Q e o QU I ry LEGEND DRIVE APPROACHES PROP. z' SAWCUT EXHIBIT .................................................. HULEN RE'..JL DRIVE APPROACH PROP. 4' S I DE Cater Burgess ( BY DEVELOPER)R) LIMITS OF PROJECT — CARTER & BURGESS,INC. 777 MNN STREET FORT WORTH,TX 76102 (817(735-6000 PROJECT NO. 014959 ........ PACr 7 nr 9