HomeMy WebLinkAboutContract 37658COIVIlVIUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
3.i
WHEREAS, Chadwick Farms, Ltd, hereinafter called "Developer", desires to
make certain improvements to Chadwick Parkway, 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
Project Name Chadwick Parkway
CFA Number 2008-001
Date March 12, 2008
1
OFFICIAE. RECORD
CITY SECRETARY
FT: WORTH, TX
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, 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 of•
damazes are caused, ill 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).
Project Name Chadwick Parkway 2
CFA Number 2008-001
Date March 12, 2008
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 (A4) None; Paving (B)Attached
Storm Drain (B-1) None; 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 Facilities
A. The Developers) agree to install or to cause to have installed, the street,
street lighting, street name sign and other community facilities
improvements shown as "current improvements" on the attached Exhibits
B and C.
B. As shown below in the "Summary of Cost ", the Developer shall fund its
share of "current improvements" and shall pay to the City for its share of
the cost of street, street lighting, street name signs as shown on the
attached Exhibits B 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 $ 137,173.410
Project Name Chadwick Parkway 3
CFA Number 2008-001
Date March 12, 2008
SUMMARY OF
COST
Project Name Chadwick Parkway
CFA 2008-002
DOE 5906
Item
Developer
Cost
City Cost
Total Cost
A. Construction
$ -
1. Streets
$114,083640
$ 114,083040
2. Storm Drainage
$ -
3. Street Lights
$16,000.00
$ 16,000900
4. Street Name Signs
$245000
$ 245.00
B. Engineering Design
$
C. Construction Engineering
and Management by DOE 4%
$ 41563,34
$ 41563,34
D. Materials Testing by DOE 2%
$ 2,281267
$ 2,281.67
TOTALS
$ 1377173,41
$ -
$ 137,173.41
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.
Project Name Chadwick Parkway 4
CFA Number 2008-001
Date March 12, 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, nd said Developer has
executed this instrument in triplicate, at Fort Worth, Texas this the day of
2008.
Approval Recommended:
q
ATTEST:
Marty Hendr
City Secretary
Corporate Secretary
Project Name Chadwick Parkway
CFA Number 2008-001
Date March 12, 2008
Transportation and Public Works
Cit of Fort Worth
Fernando Costa
�ctilig Assistant City Manager
DEVELOPER:
CAADWICK FARMS, LTD.
a Texas Limited Partnership
By Chadwick Farms
Development, LLC
a Texas Limited Liability Company,
its General Partner
By:
Thomas C. Kopacsi, ecretary-
Treasurer
5 ®F�iCIA!_ E?�CORD
CITY SECRETi4RY
FT WORTH, TX
BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY
Page 1 of 1
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Filing Number:
Original Date of Filing:
Formation Date:
Tas ID:
Duration:
12240710
July 12, 1999
N/A
32036211228
Perpetual
Entity Type:
Entity Status:
FEIN:
Name: CHADWICK FARMS, LTD.
Address: 613 NW Loop 410, #510
San Antonio, TX 78216 USA
Domestic Limited
Partnership (LP)
In existence
REGISTERED
AGENT
FILING
HISTORY NAMES MANAGEMENT
ASSUMED ASSOCIATED
NAMES ENTITIES
Last Update
September 8,
2005
September 8,
2005
Name
CHADWICK FARMS
DEVELOPMENT,
LLC
MHP Management,
LLC
Title Address
General Partner 613 NW Loop 410,
San Antonio, TX
General Partner 613 NW Loop 410,
San Antonio, TX
#510
78216 USA
Suite 510
78216 USA
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BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY
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BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY
Filing Number:
Original Date of Filing:
Formation Date:
Tax ID:
Duration:
Name:
Address:
705308122
July 12, 1999
N/A
32001664583
Perpetual
Entity Type:
Entity Status:
FEIN:
Domestic Limited Liability
Company (LLC)
In existence
CHADWICK FARMS DEVELOPMENT, LLC
613 NW LOOP 410 STE 510
SAN ANTONIO, TX 78216 USA
REGISTERED
FILING
ASSUMED ASSOCIATED
AGENT
HISTORY NAMES MANAGEMENT NAMES
ENTITIES
Last Update
Name
Title
Address
July
4, 2007
MARC FOOTLIK
Director
613 NW LOOP 410
STE 510
SAN ANTONIO,
TX 78216 USA
July
4, 2007
MARC FOOTLIK
PRESIDENT
613 NW LOOP 410
STE 510
SAN ANTONIO,
TX 78216 USA
July
4, 2007
THOMAS KOPACSI
Director
613 NW LOOP 410
STE 510
SAN ANTONIO,
TX 78216 USA
July
4, 2007
THOMAS KOPACSI
SECRETARY
613 NW LOOP 410
STE 510
SAN ANTONIO,
TX 78216 USA
July
4, 2007
DAN HOPKINS
Director
613 NW LOOP 410
STE 510
SAN ANTONIO,
TX 78216 USA
July
4, 2007
DAN HOPKINS
VICE
613 NW LOOP 410
STE 510
PRESIDENT
SAN ANTONIO,
TX 78216 USA
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SUBJECT: Chadwick Parkway
January 9, 2008
FORT WORTH
I agree with the paving /drainage cost estimates and exhibits submitted for this project.
❑ This includes future improvements. No future improvements
Professional Engineer Signature
Date
I disagree with the cost estimates and exhibits submitted for this project and recommend the
consultant engineer revise the following:
1.
2.
3.
5.
Professional Engineer Signature
Follow-up to revisions:
1.
2.
3.
4.
5.
Date
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ENGINEER'S OPINION OF PROBABLE COST
Project: Chadwick Parkway Client: Chadwick Holdings, Ltd.
Job No: 10313 Location: Fort Worth, Texas Page: 1 of 2
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
Paving Facilities
1. 7" Reinforced Conc. Pavement S.Y. 2,578 $25.00 $64,450.00
2. 8" Subgrade Preparation S.Y. 2,714 $2.25 $6,106.50
3. Hydrated Lime 27#/SY Ton 36.6 $105.00 $3,847.10
4. Connect to Concrete Header L.F. 41 $50.00 $25050.00
5. 5' Sidewalk L.F. 1124 $17.00 $19,108000
Paving Subtotal
10% Contingency
Paving Total
$95,561.60
$9,556.16
$1055117.75
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
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: $16,000.00
CFA CODE # 2008001
Chadwick Pkwy
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
5 EA $ 3,200 $16,000.00
0 EA $ 3,200 $00,000.00
0 EA $ 1,650 $00,000.00
Subtotal $16,000.00
City's Cost $00,000.00
Developer's Subtotal
4%Inspection fee
Project Total
Adjacent Developer's Cost
Developer's Cost
January 16, 2008
$00, 000.00
$0,000.00
$16,000.00
$00.000.00
$16,000.00
II. STREETLIGHTS W®RK DESCRIPTI®N:
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: $16,000.00
January 16, 2008
CFA CODE # 2008001
Chadwick Pkwy
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
MID -BLOCK ARTERIAL:
Chadwick Pkwy
CFA CODE # 2008001
Chadwick Pkwy
PAGE 3 OF EXHIBIT "C"
5
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 one (1) intersection at a cost to
the Developer of $245.00:
Chadwick Pkwy &Cleveland Gibbs Rd
Chadwick Pkwy
CFIN code: 2008001
January 16, 2008