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HomeMy WebLinkAboutContract 28755 CO'�/MJMTY FACfIATIES AGREEM-ENT THE STATE OF TEXAS § City Se�yqLap _p-03pol - 39 RCVD COUNTY OF TARRANT § Contract No. WHEREAS, SUMMERCREEK SOUTH DEVELOPMENT., LTD, hereinafter called ""Developer desires to make certain improvements to SUMMER CREEK' SOUTH an addition to the City of Fort Worth, Texas; and It ri Y'rl�1r1%'V" A cl f I V-N I t (j Ile C.�Iy 0,11'T_'o j_.L1 I If oj__A_I- a r- - pa" vv rizi,�xA,­) the SaW u I I till, C_ 1) t eve'opet has rcqUeSIC-I k It Ir V'V 11 1 1 1 corporation of Tarrant and Denton Counties, Texas,, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS,-. That said Developer, acting herein by and through Tim Fleet, its duly authorized g eneral Partner, and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 20011 approved by the City Council of the City of Fort Worth, is hereby incorporated into this Conununity Facilities, Contract as if copy herein verbatim. Developer agrees to coniply 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 favoT of this Agreement. C. Developer shall provide financial security In conformance with paragraph 61, Section, 113 of the Policy. D. The Developer shall award all contracts,f6r,the constructlion,of community facilities in accordance With.Section 11, para&rraph 7 of the Policy. E. The contracts for the construction of the, public infrastructure shall be administered in.confortnance with.parag rap h 8 S'ection C 11 9, � ArN F. The Developer further covenants and agrees to, and by these, presents does hereby, fully indemnify, hold harmless and defend-the.City, its officers, a actions or claims of any character, gents and employees from all suits, act" 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 cormection with the constrLICtion, design, perfo-rmance or cornplehon 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 o�therwi's,e., neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not sych in tries death or daingges, are caiis n tv by aLle ,Ihole r in art o p , the &.wed nealigence of the Cit'11 OLFo;rt Wo its o ffi cers�, servants, or employees. G. Developer shall, install or adjust all of the required utilities to serve the development or to construct the improvements rewired herein. H. 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). 1. 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). J. Developer hereby releases., and agrees, to ifidernnify and hold. the C I ity harmless for.any inadequacies' in he preliminary plans,'specificAtions afid;' cost estimates supplied by the Developer f6r,this contract. K. Developer, agrees to provide, at its.,expense, al,l necessary rigtits-of way and easements across property owned by Developer required to construct current and future in-iprovernents provided for in this agreem,ent. 2 it. Street and Storm Drain Facilities A. The Developer(s) a&rree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other con-,imunity facilities improlvernents shown as "current improvernents,77 on the attached Exhibits B, BI and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities"I 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 and C. C. The estimated total cost of current improvements and related, support services specified in this agreement, including, des,i,gii, construction and inspection is esti mated to $642,8 10. 3 Item DeveloPer cloty Cost Total Cost Cost A. Construction 1. Streets $ 543,011.00 $ $ 543t9l 1.00 2. Storm Drare jqe 551805.00 $ 55,805.00 3. Street Linhts T, in nnn.On T, in Ann nn 4. Street Name Signs $ $ 1,100.00 $ 11100.00 B. Enqineering Design $ - $ - $ - --.I.........................-W.- �W- .................. C. Construction Engineering $ and Management by DOE_(2%) $ 11 1994.00 $ $ 11 V994.00 TOTALS $ 611)710.00 $ 311100.00 $ 642,81 0.00 IN TESTIMONY WHERE F, the City of Fort Worth has caused, this instiam'ient to bit ex,ecuted in quadruplicate 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 has executed this instrument in quadruplicate, at Fort Worth, Texas this the day of 20,012. 4 Apprwvkal Recommended: Water Department Transpoi-tation and Public Works Diepaftment IV' 1)'-de Fisseler) P. E. Robert Goode, 1, E�. Director ATTES'T.- City f"ort, Worth L Oe x"ll B Y G is P ion Marc Ott City Sear' scary As,s' *ly Manager Approved as to Form: C_-Ol 'Contract Auth oriza,t ion 14 1 Assist rit I y Attolmey Al"T"EIS T: DEVELOPER JOP -007 0000l By: C.'orporlfatc Secretary LLI 00060OV-01&f ml Ire 9 17 w,1 7% "Illy, 5 P l DEVELOPER'S. PARTICIPATION 5" PAVEMENT W 5" GROG � 1 CAN DIME" SUBGRADE 7" PAVEMENT 2% CROSS SLOPS � 1 S � N LIME SUBGRADE jr 5 CITYS PARIICIPA11ON (6.5 7" PAVEMENT W/ 2% CROSS SLOPE' 9 B-6 ON 6* LIME S�UIBGRA,DIE y, -....4- ~--. ARKOS PARTICIPATION (l 4-5 '" PAVEMENT W 2% CROSS SLOPE -- OR 5" PAVEMENT W/ 5" CROWN CD ON LIME S? MGR AIE � MG r. V)8 WN In INGER ROAD � �' � " . (120, asGHr--OF--wry I .rte i ''I'll, 1 ca Lr) ... E.,XHIBIT "By" PAVING VE TS SCALE: 1'l'=300' SUMMER FLEE SOUTH WEI-,cff c. CONSULTING ING ErrsGI M �`7 is R 0, or- RAVE In 0-7 ui .� 6 w mm...� ... 3 1 EXHIBIT STORM DRAIN IVPROVEMENTS SCALE: 1"=300' "SUMMER' CREEK SOUTH" WEUC14 CONSUL 771VG EN GINEER.5 a � r . ��. i � .. i L M SUMMER -T I kAj Cal DRNE ;a .. RISIGER ROAD .. Irw - - PROPOSED STREET LIGHT EXISTING ST'RE'ET L'IGH'T PROPOSED STREET SIG EXLM1131T STREET LIG,HSCALE 1"=300' "SUMMER CREEK SOUTH of wo A*"lr ir F.Iocr"l ENaINIEERVS�0�p IWC CONSUL TINE ENGINEER'S i o rt Worth, Texas qVa.101: el"(1 u c u cation DATE REFERENCE NUMBER LOG NAME PAGE 3/4/0,3 GA3907' 1 oft SUBJECT I APPROVAL OF CITY PARTICIPATION FOR THE INSTALLATION OF STREET LIGHT'S AND STREET NAME SIGNS W'I'TH VARIOUS DEVELOPERS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve funds for City participation for the installation of street lights and street name signs for the following areas pursuant to the amended Community Facilities Agreements (CFA) Policy of March 20, 210011: DEVELOPER PRO.JECT W'i'llow Wood' L.P,. Wi'llllow Wood Addition Harvest Ridge, L.P. Harvest Ridge Addition, Phase 2A KB Home Hidden Meadows Addiction, Phase 2, D.R. Horton Texas, Ltd. Alexandria Meadows Addition, Phase I Centex Homes Harriet Creek Ranch, Addition, Phase 3 Scott Communities Developer, L.P. Lago Vista Addition, Phase 1 B RH of Texas Limiteld Partnership H-eiritag�e Glen Addition, Section 11 VLMC, Inc. Summer Creek South Addition Hi'l'lwolold Alliance Residential Heritage Addition, Phase 2DJ Section 1 Standard Pacific of Texas, L.P. Heritage Addition, Phase 3D-C, Section 1 Engle Homes/Texas, Inc. Heritage, Addition,, Phase, 3D-By Section 1 A Hillwood Residential Services, L.P. Trace Ridge Parkway at Heritage M&C Development Ltd. Marline Creek Ranch, Section 1 DISCUS SION - Oin March 20, 2001 (M&C G-13,181), the, City Council approved "Amendment of Policy for the Installation of Community Facilities Agreements and Approval of Ordinance Establishing Unit Prices for City Participation in Community Facilities Agreements,and Street Design Criteria." These recommendations included City participation of all wiring and street light fixtures and the cost and installation of standard street name signs on public streets. These CFA's are over $25,000 and therefore require City Council approval: Proiec Street.Llig hts Street Name ins Totals Willow'Wood Addition $ 28,500 $ 1 1200 $ 29700 Harvest Ridge Addition, Phase 2A $ 25,500 $ 700 $ 25,200 Hidden Meadows Addition, Phase 2 $ 25,500 $ 900 $ 2614001 Alexandria Meadows Addition, Phase 1 $ 31,500 $ 17200 $ 32,700 Harriet Creek Ranch Addition, Phase 3 $ 39,000 $ 11)500 $ 40,15010! Lago Vista, Addition, Phase 1 B $ 25,000 $ 400 $ 25,400 Heritage Glen Addition, Section 1:1 $ 27,000 $ 5001 $ 2715001 Summer Creek South Addition $ 30,000 $ 1,100 $ 31,100 . ............ (li-st continued on next ge)_, - City of Fort Worth, Texas 0 u"I*cAtio" IVDA or A"d o "Cl !y CW DATE REFERENCE N'UMBER LOG NAME '—PAGE 314/03 G-'1 3907 01-I HTS 1 2 of 2 SUBJECT APPROVAL OF C ITY PARTICIPATION FOR THE INSTALLATION OF STREET LIGHTS AND STREET NAME SIGNS WITH VARIOUS DEVELOPERS Heritage Addition, Phase 2,D, Section 1 $ 28150101 i X200 $1 29,700, Heritage Addition, Phase 3D-C, Sectionl $ 33,000 $ 1,000 $ 34,000 Heritage Addition,, Phase 3C S, Section 1A $ 36,000 $ 1,200 $ 37,200 Trace Ridge Parkway at Heritage $ 33,000 $ 11 1000 $ 3410,010, Marine Creek Ranch, Section 1 48,000 X1,900 X49,900 Total $4100500 $13,800 $4241300 The total' cost for City participation will be $4214,3010. Of this,, $410,510101 is for the installation of street lights and $13,800 is for the installation of street name signs. Funding Source: On December 19,1 2000, the City Council adopted a resolution authorizing the issuance of $45 million in Certificates of Obligation to address critical capital projects that included' $4 million in New Development Funds ($2.5 million for new development and $1.5 million for new school sites) to supplement the 1998 Capital Improvement Program New Development Funds. FISCAL, INFO RMATION/CE RTI FI CATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Critical Capital Projects Fund. MO:r Submitted for City Manager's FUND ACCOUNT CENTER.-- MOUNT CITY SECRETARY Offi ce by: (to) Marc Ott 8,476, Originating Department Head. Robert Goode 7804 from APPROVED 3/4/03 C1 16 541200 0201 1 6136801 $410,500.00 Additional Information Contact: c11 541200 020116136802 $ 131800.00 Robert Goode 7804