HomeMy WebLinkAboutContract 44580 (2)�
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
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City Secretary
Contract No. � � �
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project"), an
addition to the City of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this "Agreement" in
connection with the Improvements.
Developer Information:
Developer Company Name: KDC 4805 Investments, LP
Address, State, Zip Code: 4805 Amon Carter Blvd. � Fort Worth, TX 76155
Phone, E-Mail: 214-696-1700
Authorized Signatory/Title:
Project Name: Centreport Lot 1, Block ll2 (8.1 Acre Development)
ect Location: SWC of FAA Blvd. & Amon Carter Blvd.
Plat Case No.: FP-011-022 Plat Name:
Mapsco: 56L
CFA:2012-056 DOE:6873
Council District: 5 City Project No: 01943
To be co»zpleted by staff:'
Received by: � �(l�l..�� � Date: b 3 I 3
RECEIV�� JU1V � � 20'�
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OFFICIAL REC�itD
�IYY SECRE'�'ARY
�i'. WORTH, `e"X
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:
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 from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement ("CFA") as if
copied herein verbatim. Developer agrees to comply with all provisions of said
Policy in the performance of its duties and obligations hereunder and to cause
all contractors hired by Developer to comply with the Policy in connection
with the work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6,
Section II, of the Policy and recognizes that there shall be no reduction in the
collateral until the Project has been completed and the City has officially
accepted the infrastructure. Developer further acknowledges that said
process requires the contractor to submit an Affidavit of Bills paid signed by
its contractor and Consent of Surety signed by its surety to ensure the
contractor has paid the sub-contractor and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in
full for all the services provided under this contract.
C. Developer agrees to cause the construction of the improvements contemplated
by this Agreement and that said construction shall be completed in a good and
workmanlike manner and in accordance with all City standards and the City-
approved construction plans, specifications and cost estimates provided for the
Project and the exhibits attached hereto.
D. The following checked exhibits are made a part hereof: Water (A) X,
Sewer (A-1) � Paving (B) , Storm Drain (B-1) X, Street Lights &
Signs (C)_.
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E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be administered
in conformance with paragraph 8, Section II, of the Policy.
F. For all infrastructure included in this Agreement for which the Developer
awards construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed,
said contractor to meet City's requirements for being insured, licensed and
bonded to do work in public streets and/or prequalified to perform
water/waste water construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance
bond in the names of the City and the Developer for one hundred percent
(100%) of the contract price of the infrastructure, and a maintenance bond
in the name of the City for one hundred percent (100%) of the contract price
of the infrastructure for a period of two (2) years insuring the maintenance
and repair of the constructed infrastructure during the term of the
maintenance bond. All bonds to be furnished before work is commenced
and to meet the requirements of Chapter 2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the
amounts required by the City's standard specifications and contract
documents for developer-awarded infrastructure construction contracts.
The City shall be named as additional insured on all insurance required by
said documents and same will be evidenced on the ACORD Certificate of
Insurance supplied by the contractor's insurance provider and bound in the
construction contract book.
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iv. To require its contractor to give 48 hours notice to the City's Construction
Services Division of intent to commence construction so that City
inspection personnel will be available; and to require the contractor to allow
the construction to be subject to inspection at any and all times by City
inspection forces, and not to install or relocate any sanitary sewer, storm
drain, or water pipe unless a responsible City inspector is present and gives
his consent to proceed, and to make such laboratory tests of materials being
used as may be required by the City.
v. To require its contractor to have fully executed contract documents
submitted to the City to schedule a Pre-Construction Meeting. The submittal
should occur no less than 10 working days prior to the desired date of the
meeting. No construction will commence without a City-issued Notice to
Proceed to the Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement until said sewer and water mains and
service lines have been completed to the satisfaction of the Water
Department.
G. Developer agrees to provide, at its expense, all engineering drawings and
documents necessary to construct the improvements required by this
Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to
serve the development or to construct the improvements required herein.
I. 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.
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J. Developer hereby releases and agrees to indemnify, defend and hold the City
harmless for any inadequacies in the preliminary plans, specifications and cost
estimates supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and
easements across property owned by Developer and required for the
construction of the current and future improvements provided for by this
Agreement.
L. 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 iniuries, death or
damaQes are caused, in whole or in part, bv the alle�ed ne�li�ence of
the Citv of Fort Worth, its of�icers, servants, or emnlovees.
M. Developer will further require its contractors to indemnify, defend and hold
harmless the City, its officers, agents and employees from and against any and
all claims, suits or causes of action of any nature whatsoever, whether real or
asserted, brought for or on account of any injuries or damages to persons or
property, including death, resulting from, or in any way connected with, the
construction of the infrastructure contemplated herein, whether or faot such
iniuries, death or dama�es are caused, in whole or in nart, bv the
alle�ed ne�li�ence of tlae Citv of Fo�•t Worth, its officers, servants, of•
efnplovees. Further, Developer will require its contractors to indemnify, and
hold harmless the City for any losses, damages, costs or expenses suffered by
the City or caused as a result of said contractor's failure to complete the work
and construct the improvements in a good and workmanlike manner, free from
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defects, in conformance with the Policy, and in accordance with all plans and
specifications and shall cause to be executed and delivered to the City an
indemnity agreement from such contractors on a form to be promulgated by the
City
N. Upon completion of all work associated with the construction of the
infrastructure and improvements, Developer will assign to the City a non-
exclusive right to enforce the contracts entered into by the Developer with its
contractor along with an assignment of all warranties given by the contractor,
whether express or implied. Further, Developer agrees that all contracts with
any contractor shall include provisions granting to the City the right to enforce
such contracts as an express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and
material testing fees equal to two percent (2%) for a total of 4% of the
developer's share of the total construction cost as stated in the construction
contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to
four percent (4%) and material testing fees equal to two percent (2%) for a
total of 6% of the developer's share of the total construction cost as stated in
the construction contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not
installing the streetlights, inspection fees equal to four percent (4%) of the
developer's share of the streetlight construction cost as stated in the
construction contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i. The City's obligation to participate (exclusive of front foot charges) in the
cost of the community facilities shall terminate if the facilities are not
completed within two (2) years; provided, however, if construction of the
community facilities has started within the two year period, the developer
may request that the CFA be extended for one year. If the community
facilities are not completed within such extension period, there will be no
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further obligation of the City to participate. City participation in a CFA
shall be subject to the availability of City funds and approval by the Fort
Worth City Council.
ii. Nothing contained herein is intended to limit the Developer's
obligations under the Policy, this Agreement, its �nancial guarantee, its
agreement with its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the community
facilities if at the end of two (2) years from the date of this Agreement the
community facilities have not been completed and accepted.
iv. The City may utilize the Developer's financial guarantee to cause the
completion of the construction of the community facilities or to cause the
payment of costs for construction of same before the expiration of two (2)
years if the Developer breaches this Agreement, becomes insolvent or fails
to pay costs of construction and the financial guarantee is not a Completion
Agreement. If the financial guarantee is a Completion Agreement and the
Developer's contractors and/or suppliers are not paid for the costs of
supplies and/or construction, the contractors and/or suppliers may put a lien
upon the property which is the subject of the Completion Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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Cost Summary Sheet
Project Name: Centreport Lot 1, Block 112 (8.1 Acre Development)
CFA No.: 2012-056 DOE No.: 6873
An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price
will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any
additional CFA payments will be required prior to scheduling a pre-construction meeting.
An itemized estimate corresponding to each project-specific exhibit is required to support the
following information.
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 34,600.00
2. Sewer Construction
Water and Sewer Construction Total $ 34,600.00
B. TPW Construction
1. Street $ -
2. Storm Drain $ 74,388.00
3. Street Lights Installed by Developer $ -
TPW Construction Cost Total $ 74,388.00
Total Construction Cost (excluding the fees): $ 108,988.00
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $ 692.00
D. Water/Sewer Material Testing Fee (2%) $ 692.00
Sub-Total for Water Construction Fees $ 1,384.00
E. TPW Inspection Fee (4%) $ 2,975.52
F. TPW Material Testing (2%) $ 1,487.76
G. Street Light Inspsection Cost $ -
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 4,463.28
Total Construction Fees:
$ 5,847.28
icial Guarantee O tions, choose one Amount
= 100% $ 10!
Cash Escrow Water/Sanitar Sewer= 125°/o $
Cash Escrow Pavin /Storm Drain = 125% $
Letter of Credit = 125% w/2vr exoiration period $ 1
Choice
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IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed
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 Devel per has execute �his
instrument in q ad plicate, at Fort Worth, Texas this day of •�l�-�"
, 20�
CITY OF FORT WORTH - Recommended by:
Water Department
� '
Wendy Chi- abulal, EMBA, P.E.
Developmen Engineering Manager
Approved as to For•m & Lega�lity:
,
Douglas W. Black
Assistant City Attorney
M&C No. �
Date:
ATTEST:
Transportation & Public Works Department
i
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Dougla . Wiersig, P.E.
Director
Appr•oved by Ciry Mana.ger�'s Office
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Fernando Costa
Assistant City Manager
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Signature
(Print) Name:
,��r�da /.� . �'ll��s �
�4,1
KDC 4805 Investments, L.P.
By: KDC 4805 Investments GP, LLC
its general partner
Signature
Print Name: �, S� l� �Z
Title: � V!�
��.
�FFICIAL RECORD
�ITY SECRE'TARV
PT. WORTH, TX
Check items associated with the project being undertaken; checked items must be included
as Attachments to this Agreement
Included Attachment
� Location Map
� Exhibit A: Water Improvements
� Water Estimate
❑ Exhibit A-1: Sewer Improvements
❑ Sewer Estimate
❑ Exhibit B: Paving Improvements
❑ Paving Estimate
� Exhibit B-1: Storm Drain Improvements
� Storm Drain Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
10
N. T. S.
MAPSCO NO. 56K, L
COUNCIL DISTRICT 5
LOCAT I O N MAP
PART B — PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: KOLL DEVELOPMENT COMPANT
PROPOSAL FOR: PROJECT NAME: CENTREPORT LOT 1, BLOCK 112
FILE NO. K-2221
X NO. 21969
CITY PROJECT NO. 01943
WATER PROJECT # P265-605150194383
Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of and all necessary appurtenances and incidental work
to provide a complete and serviceable project designated as:
CENTREPORT, LOT 1, BLOCK 112
(8.1 Acre Development)
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, the General
Contract Documents and General Specifications for Water Department Projects, the General
Contract Documents and General specifications for Transportation and Public works Projects,
the site of the project and understanding the amount of work to be done, and the prevailing
conditions, hereby proposes to do all the work, furnish all labor, equipment and material except
as specified to be furnished by the City, which is necessary to fully complete the work as
provided in the Plans and Contract Documents and subject to the inspection and approval of the
Director of the Department of Transportation & Public Works of the City of Fort Worth, Texas;
and binds himself upon acceptance of this Proposal to execute a contract and furnish an
approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any,
as may be required by the Contract Documents for the performing and completing of the said
work. Contractor proposes to do the work within the time stated and for the following sums:
Updated: 8/30/2010
�UNIT I: WATER
(Furnish and install, including all appurtenant work, complete in place, the following items)
Bid Approx. Unit Bid Item Description Unit Total
Item Quantity Measurement Price Amount
Number
] 2" Ductile Iron pipe
1 70 L.F Sevent,� Dollars & $75 $5,250.00
Zero Cents.
12" MJ 45 Bends
2 8 Each One Thousand Two Hundred $1,200 $9,600.00
Dollars & Zero Cents.
Connect to Existing
3 4 Each One Thousand Three Hundred $1,300 $5,200.0
Dollars & Zero Cents.
Trench Safety
4 1 L.S. One Thousand Seven Hundred $1,700 $1,700.00
Dollars & Zero Cents.
Testing
5 1 L.S. Two Thousand Four Hundred $2,400 $2,400.00
Dollars & Zero Cents.
Cement Stabilized Backfill
6 70 L.F
SiXiy Dollars & $60 $4,200.00
Zero Cents.
Traffic Control
7 1 L.S. Two Thousand Dollars & $2,000 $2,000.00
Zero Cents.
Remove & Replace Asphalt
8 250 S.Y. Twent.� Dollars & Zero $17 $4,250.00
Cents.
TOTAL AMOUNT FOR WAT�R IMPROVEMENTS $ 34,600
Updated: 8/30/2010
L ��. .
(Furnish and install, including all appurtenant work, complete in place, the following items)
Bid Approx. Unit Bid Item Description Unit Total
Item Quantity Measurement Price Amount
Number
Connect to Existing
1 3 Each Nine Hundred and Twenty Fives $925 $2,775.00
Dollars & Zero Cents.
36" RCP Pipe
2 180 L.F. One Hundred and Sixteen Dollars $116 $20,880.00
& Zero Cents.
30" RCP Pipe
3 93 L.F. E�y One Dollars & $81 $7,533.00
Zero Cents.
Remove Manhole
4 1 Each Two Thousand Dollars & Zero $2,00 $2,000.00
Cents.
7x5 Junction Box
5 1 Each $4,300 $4,300.00
Four Thousand Three Hundred
Dollars & Zero Cents.
8x10 Junction Box
6 1 Each
Five Thousand Ei�ht Hundred $5,800 $5,800.00
Dollars & Zero Cents.
6x12 Junction Box
7 1 Each One Thousand Five Hundred $5,400 $5,400.00
Dollars & Zero Cents..
TV Line at Completion
8 1 L.S. Three Thousand Dollars & $3,000 $3,000.00
Zero Cents.
Trench Safety
9 1 L.S. Three Thousand and Five Hundred $3,500 $3,500.00
Dollars & Zero Cents.
Updated: 8/30/2010
• Sawcut .
10 1400 L.F $4 $5,600.00
Four pollars & Zero Cents.
Remove & Replace Concrete
11 300 S.Y. Twent,� Dollars & $22 $6,600.00
Zero Cents.
Remove and Replace Trees
12 1 L.S Two Thousand Dollars & $2,000 $2,000.00
Zero Cents.
Traffic Control
13 1 L.S. Two Thousand Dollars & $5,000 $5,000.00
Zero Cents.
TOTAL AMOUNT FOR DRAINAGE IMPROVEMENTS $ 74,388.00
Updated: 8/30/2010
f
�BID SUMMARY
TOTAL AMOUNT BID WATER $ 34,600.00
TOTAL AMOLINT BID STORM DRAiN $ 74,388.00
GRAND TOTAL AMOUNT BID $ 108,988.00;
Updated: 8/30/2010
PART B - PROPOSAL (Cont.)
After acceptance of this Proposal, the undersigned will execute the formal contract and will
deliver an approved Surety Bond and such other bonds as required by the Contract Documents,
for the faithful performance of the Contract. The attached bid security, if reguired is to become
the property of the Developer.
The undersigned bidder certified that he has obtained at least one set of the General Contract
Documents and General Specifications for Water Department Projects dated January 1, 1978,
and that he has read and thoroughly understands all the requirements and conditions of those
General Documents and the specific Contract Documents and appurtenant plans.
The successful bidder shall be required to perform the work in accord with the following
publications, both of which are incorporated herein and made a part hereof for all
purposes:
1. The General Contract Documents and General Speciiications for Water
Department Projects dated January l, 1978, which may be purchased from the
Water Department.
2. The Standard Specifications for Street and Storm Drain Construction which
may be purchased from the Department of Transportation & Public Works.
The undersigned assures that its employees and applicants for employment and those of any
labor organization, subcontractors, or employment agency in either furnishing or referring
employee applicants to the undersigned are not discriminated against as prohibited by the terms
of City Ordinance No. 7278 as amended by City Ordinance No. 7400.
The Bidder agrees to begin construction within ten ( 10 ) calendar days after issue of the
work order, and to complete the contract within ( ) calendar days after beginning
construction as set forth in the written work order to be furnished by the Owner.
(Complete A or B below, as appiicable:)
❑ A. The principal place of business of our company is in the State of
Nonresident bidders in the State of , our principal
place of business, are required to be percent lower than resident bidders
by state law. A copy of the statute is attached.
Non resident bidders in the State of , our principal
place of business, are not required to underbid resident bidders.
❑ B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
Updated: 8/30/2010
I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration on preparation of the
foregoing bid:
Addendum No. 1(Initials) Addendum No. 3(Initials)
Addendum No. 2(Initials) Addendum No. 4(Initials)
Respectfully submitted,
S
Title
Address
Telephone:
Fax:
Updated: 8/30/2010
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,\\ � REMOVE EXISTING
I \� MANHOLE REPLACE
� � WITH PROP�SED 8hc10'
�� �, � � HANSON JUNCTION BOX
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( A�°b.. r COMM.
E ��\7'} � VAULT
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� r,� � � ��._—__
, -- EX. 10" WATER
� -;�,. - _.� --_ ---- --�— _ __ ___ _ _ _
�
� W CONTRACTOR TO PROTECT
� ! � EXISTING TRAFFIC SIGNAL
o d.
APPURTENANCES
� N .��.w.�.:,.-_.._____�_�.��-- "-
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o. n � 36" RCP � REPLACE WITH TxDOT 7'-3" x
N�' � �' � ' 4'-11" JUNCTION BOX (JB-1-02
�� ! M
�' M � (FW))
3 a __ �� u. '� EX. 10" WATEf��--=
— .._—_
� S EX. 12" WATER � � �� 1 � �` � � � .-- C'�"�
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" -- '` — -- EX. 8" SS
; "� 8" SS as � s �: c s
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3 3 W� / BLOGK 311
y a � : F-
E% SAWCUT, REMOVE AND ;_' � CENTREPORT
REPLACE CONCRETE � O! �, NORTH
d a PER CITY STANDARD ; m, ��
o � ; � '',, 4 Jj,
i
UN
�� � � GRAPHIC SCALE IN FEET
o°n
M� 0 25 50 100
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o ; STORM DRAIN
�� COMMUNITY FACILITIES AGREEMENT
Uo
FOR THE CONSTRUCTION OF WATER LOWERING
�9 EXHIBIT B-1
m< AND DRAINAGE IMPROVEMENTS TO SERVE
�N
�,a CENTEREPORT LOT l, BLOCK 112
�° (8.1 ACRE DEVELOPMENT) � �,��,om
Y� ��❑ and Assoaates, Inc.
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