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Home My WebLink AboutContract 37173 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, (FW-Eastland Housing* Partners, Ltd.), hereinafter called "Developer", desires to make certain improvements to (DOE. # 5971 Eastland Street Improvements), 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 I1, 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, para TIC. �i, ',an';, 1 l-i 1i 5'V V 0 Policy. ti, ,�,,��, , Project Name—Residence at Eastland �� i CFA Number—2008-025 ^;l R Date:May 13,2008 r� n 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 damar?es are caused, in whole or in part, by the alleged nemlikence 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 Project Name—Residence at Eastland 2 = _r_'�-.l ��`b-OU OU CFA Number—2008-025 n?'; Date:May 13,2008 t construct current and future improvements provided for in this agreement. AMENDMENTS TO THE FOLLOWING SECTIONS AS NECESSARY PER PROJECT SPECIFICATIONS 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. Il. 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, 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 $ (116,629.85) Project Name—Residence at Eastland 3 CFA Number—2008-025 Date:May 13,2008 SUMMARY OF COST Project Name Residence at Eastland DOE# 5971 Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 94,738.50 $ 94,738.50 2. Storm Drainage $ 10,384.00 $ 10,384.00 3. Street Lights $ 5,200.00 $ 5,200.00 4. Street Name Signs $ - $ - B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 4,204.90 $ 4,204.90 D. Materials Testing by DOE 2% $ 2,102.45 $ 2,102.45 TOTALS $ 116,629.85 $ - $ 116,629.85 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. vfJ\ L u Cl5•i'1 IL Project Name—Residence at Eastland 4 CFA Number—2008-025 Date:May 13,2008 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, and said Developer 4 has executed this instrument in triplicate, at Fort Worth, Texas this the `day of 2008. Approval Recommended: Transportation and Public Works De P. E. Actitor City of Fort Worth II Fernando Costa Assistant City Manager ATTEST: Marty Hcnd h $cC REQUIRED City Secretary . Approve to Fo , Assis C' y Att ey ATTEST: DEVE "PER (FW- t and ou�siing Partners,Ltd) By: G�c Corporate Secretary NDG-Eastland, LLC, i neral partner Daniel Allg 'er, Agent e Project Name—Residence at Eastland 5 CFA Number—2008-025 Date:May 13,2008 "' ,, BERRY ST � o o � � ERRY ST w � w Q U U � Q Q � � U' 0D EASTLAND ST EASTLA D ST SITE WILLIAM McDONALD PARK 0 z w OAKDALE DR Q U 0 WILKES DR w 3 z v c 0 v u ^�N10 o CITY OF FORT WORTH U �C]k! � ' � a MAP NO . 2078-376 I\ IMPROVEMENTS TO Lo , O EASTLAND STREET _- M LOCATION MAP C �� WIER & ASSOCIATES, INC. RAPHAEL DRIVE CITY OF FORT WORTH VOL. 7159, PG. 1902 D.R.T.C.T. LOT 13-R, BLOCK 16 EASTWOOD ADDITION VOL. 388-38, PG. 95 LOT 16-A, BLOCK 16 EASTWOOD ADDITION - VOL. 388-53, PG. 10 STALCUP ROAD 4 SIDEWALK — h FORT WORTH HOUSING PARTNERS w DOC. k D203218312 h LOT 38, BLOCK 4 D.R.T.C.T. Cq ASTORIA ADDITION LOT 1, BLOCK 4 ASPHALT PAVEMENT / CONCRETE CURB CONCRETE` 8 GUTTER DRIVEWAY WALDORF STREET FUT.-SIDEWALK LOT 1, BLOCK 3 FUT. CURB ASPHALT PAVEMENT SANDY ACRES ADDITION LOT 13, BLOCK 6 MAEOLA TWINE ESTATE LOT IR, BLOCK I VOLUME 4030, PG.472 - - LDEN WEST ADDITION D.T.R.C.T. GO BURNICE DRIVE CABINET A, PG 5391 P.R.T.C.T. x W c .> CITY OF FORT WORTH 0 MAP NO . 2078-376 o IMPROVEMENTS TO �. EASTLAND STREET N 1 •= 200' PAVING "EXHIBIT B" INA WIER & ASSOCIATES, INC. F RAPHAEL DRIVE CITY OF FORT WORTH VOL. 7159. PG. 1902 II D.R.T.C.T. LOT 13-R. BLOCK IS EASTWOOD ADDITION VOL.388-38. PG.95 LOT 16-A, BLOCK 16 EASTWOOD ADDITION VOL.388-53. PG. 10 EX. 36' S.D. STALCUP ROAD FORT WORTH HOUSING PARTNERS DOC. 0 D203218312 LOT 38. BLOCK 4 D R T.C.T. cn O LASTORIA ADDITION E-m LOT 1. BLOCK 4 f L S,L T o .......... FT. C=ZZZ=F—C= WALDORF STREET LOT 1, BLOCK 3 r2l' RCP CULVERT SANDY ACRES ADDITION y1 .111 M T ffl,L[fl(T f- -11 TY� m LOT 13. BLOCK 6 MAEOLA TWINE ESTATE VOLUME PG. 472 LOT R, BLOCK I D.ITOR"C.T. x GOLDEN WEST ADDITION BURNICE DRIVE CABINET A, PC,5391 Lu P.R.T.C.T. cp E 0 CITY OF FORT WORTH 0 MAP NO. 2078-376 1 IMPROVEMENTS TO FUUTLAM STREET 1 ,= 200, STORM DRAIN "EXHIBIT B-l" l"NAVIA WIER & ASSOCIATES, INC. RAPHAEL DRIVE CITY OF FORT WORTH VOL,7159, PG. 1902 D.R.T.C.T. LOT 13-R, BLOCK 16 EASTWOOD ADDITION VOL. 388-38, PG.95 LOT 16-A, BLOCK 16 EASTWOOD ADDITION _. VOL. 388-53, PG. 10 STREET LIGHT - - STALCUP ROAD E, FORT WORTH HOUSING PARTNERS W DOC. #D203218312 [, LOT 38, BLOCK 4 D.R.T.C.T. G] ASTORIA ADDITION LOT I, BLOCK 4 W STREET LIGHT WALDORF STREET LOT I, BLOCK 3 SANDY ACRES ADDITION 3 v LOT 13, BLOCK 6 MAEOLA TWINE ESTATE LOT IR, BLOCK I VOLUME 4030, PG.472 - -. X GOLDEN WEST ADDITION D.T.R.C.T. BURNICE DRIVE CABINET A, PG 5391 W P.R.T.C.T. J N �_�� 5S�1c�� CITY OF FORT WORTH o t MAP NO . 2078-376 o - WROVEllEffS TO Eto ASTLAND STREET N i •= 200 STREET LIGHT "EXHIBIT C" ANAN/A WIER 9 ASSOCIATES, INC. ` MA, WIER&ASSOCIATES, INC. ENGINEER'S OPINION OF PROBABLE DEVELOPMENT COST DATE: 31-Mar-08 CLIENT: NuRock Development PROJECT: Improvements to Eastland Street-CFA Unit II W&A JOB NO: 07-101 TOTAL UNIT ITEM NO. DESCRIPTION OF ITEM QUANTITY UNIT PRICE COST I PAVING IMPROVEMENTS 1 Unclassified Excavation 30 CY $6.00 $180.00 2 8"3600 psi Rein. Concrete Pavement w/7"Curbs 1011 SY $32.00 $3,232.00 3 6"Type HMAC Pavement 9701 SY $20.00 $19,400.00 4 6" Hydrated Lime Stabilization of Sub grade 1,155 SY $3.00 $3,465.00 5 Hy drated Lime 29 Ibs/s. . 39.8 TON $110.00 $4,378.00 6 4'Wide Sidewalks 381 SY $31.50 $12,001.50 7 Handicap Rams 2 EA $350.00 $700.00 8 Sod Parkways Inc.Water/Fert. 500 SY $15.00 $7,500.00 9 7"Concrete Curb and Gutter 554 LF $22.00 $12,188.00 10 Traffic Si na e 1 LS $2,000.00 $2,000.00 11 Concrete Header 66 LF $15.00 $990.00 12 Sawcut As halt Pavement 746 LF $15.00 $11,190.00 13 Install Type II CR-4 Traffic Buttons 79 EA $5.00 $395.00 14 Install Type W-4 Traffic Buttons 83 EA $3.00 $249.00 15 Remove and Replace Existing Fence 887 LF $10.00 $8,870.00 16 Reusable Vertical Channelization Devices 1 LS $8,000.00 $8,000.00 SUBTOTAL: $94,558.50 II DRAINAGE IMPROVEMENTS 1 21" R.C.P. Class III 79 LF $45.00 $3,555.00 2 Trench Safety 79 LF $1.00 $79.00 3 10' Recessed Curb Inlet 1 EA $4,150.00 $4,150.00 4 FW-0 Hdwl for 21" RCP 2 EA $1,300.00 $2,600.00 SUBTOTAL: $10,384.00 CONSTRUCTION SUBTOTAL: $104,942.50 Since the design professional has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over the competitive bidding or market conditions, his opinions of probable cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design professional familiar with the construction industry. However,the design professional can not and does not guarantee that proposals, bids, or construction cost will not vary from the opinions of probable cost he has prepared. If the owner wishes greater assurance as to the construction cost, he shall employ an independent cost estimator. Prepared b� JAW Checked by BFG j s:C 5/22/2008 Page 1 of 1 COcFA-Unit 2.XL5