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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 UCC � Business Organizations � Trademarks � Account � Help/Fees � Briefcase � Logout BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY 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 Order Return to Search - Instructions: To place an order for additional information about a filing press the 'Order' button. https://direct.sos.state.tx.us/core inquiry/core_inquiry-entity.asp?spage=mgmt&:Spagefr... 07/22/2008 BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Page 1 of 1 UCC � Business Organizations � Trademarks � Account � Help/Fees � Briefcase � Logout 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 Order Return to Search Instructions: To place an order for additional information about a filing press the 'Order' button. https://direct.sos.state.tx.us/core inquiry/core inquiry-entity.asp?spage=mgmt&:Spagefr... 07/22/2008 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 Texas Motor ` N Speedway W E s P.�O 35W n 9 C 0 SITE orthlak 9q City mLU s Of ab Pth orth orth City L mits w Elizabethtow Of: v Cemetery �Ca _ , J Q)1 Creek LITSEY CHADWICK a FARMS 1� VICII: ITY ��I�P • CITY OO F FOO I'ZT wOIZTH, TEX,aS OU I own i UountryBlVd.,• Frisco, (972) 668• , I 240.5 Mustang Drive, Grapevine, Texas 760.51 Metro (817) 329-4373 m i J fV 0 0 CD O A � O I' N � 2 z N G Z m g' m m m o U o � � a 'n �G) z Z < m ca 6 C y 17 tmc, < J m o 9 m D O N <zo zNrn C D D C>f Orn� C 0 Date: 1//08/08 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