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Home My WebLink AboutContract 31759 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary � J 0,--,COUNTY OF TARRANT § Contract No. r WHEREAS,_FJM Properties, L.P._, hereinafter called "Developer", desires to make certain improvements to _Summer Creek Drive_, 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 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 _William G. Farha , its duly authorized General 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: 1. 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, is hereby incorporated into this Community Facilities Contract as if copy 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. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. �f f 'luk R `h yg l YEN. CFA_Granbury_Road_CFA_04_08_05.doc 1 E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. F. 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 eharacter, whether real or asserted, brought for or on account of Lilly 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 damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers,servants, or employees. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. 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). 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 indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to CFA_Granbury_Road_CFA_04_08_05.doc 2 construct current and future improvements provided for in this agreement. L. 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. M. 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 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, B1, 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 $341.013.94 . CFA_Granbury_Road_CFA_04_08_05.doc 3 SUMMARY OF COST Granbury Road(Southbound, south of Alta Mesa) Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $273,309.10 $ 273,309.10 2. Storm Drainage $44,012.00 $ 44,012.00 3. Street Lights $11,000.00 $ 11,000.00 4. Street Name Signs $0.00 $ - B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 12,692.84 $ 12,692.84 TOTALS $ 341,013.94 $ - $ 341,013.94 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation ol'sidewalk find a separate Iinaneial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. CFA_Granbury_Road_CFA_04_08_05.doc 4 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 Developer has executed this instrument in triplicate, at Fort Worth,Texas this the day of 2005. Approval Recommended: Transportation and Public Works Department �5 Robert lboode, P. E. Director City of Fo W Marc Ott Assistant City Manager ATTEST: Marty Hendrix 14 �NO M&C REQUIRED City Secretary Approve as to Form: Assist C4,Attorney ATTEST: DEVELOPER FJM Properties, L.P. By: 2 Corporate Secretary William G. Farha General MUD M, TEX. CFA_Granbury_Road_CFA_04_08_05.doc 5 OPINION OF PROBABLE COST SUMMER CREEK DRIVE IMPROVEMENTS PAVING & DRAINAGE 12/19/2004 ITEM UNIT NO, DESCRIPTION QUANTITY PRICE AMOUNT I WATER &SANITARY SEWER IMPROVEMENTS None $0.00 II DRAINAGE IMPROVEMENTS 1 10' Curb Inlet 1 EA @ $2,100.00 $2,100.00 2 21" RCP 33 LF @ $40.00 $1,320.00 3 8'x4' RCB 44 LF @ $320.00 $14,080.00 4 8'x4' RCB Parallel Headwall with 8'-6"wall height 1 EA @ $7,500.00 $7,500.00 5 5"Concrete Rip-Rap Channel Lining 474 SY @ $38.00 $18,012.00 6 Remove Exist. Hdwl. and Connect to 8'x4' RCB 1 EA @ $1,000.00 $1,000.00 Drainage Subtotal: $44,012.00 III PAVING IMPROVEMENTS 1 Unclassified Excavation, Placed and Compacted 4,500 CY @ $2.74 $12,330.00 2 Sawcut and Remove existing Curb and Gutter 713 LF @ $6.00 $4,278.00 3 Hydrated Lime (32#/SY) 129 TON @ $87.00 $11,223.00 4 8" Hydrated Lime Stabilization for Subgrade 8,582 SY @ $1.60 $13,731.20 5 8" 3000 psi Concrete Pavement w/7" Curbs 6,661 SY @ $21.40 $142,545.40 6 Permanent Asphalt Pavement 1534 SY @ $21.00 $32,214.00 7 Temporary Asphalt Pavement 105 SY @ $17.50 $1,837.50 8 4' Concrete Sidewalk 609 SY @ $25.00 $15,225.00 9 A.D.A. Accessible Sidewalk Ramps 2 EA @ $500.00 $1,000.00 10 24" Concrete Curb & Gutter 46 LF @ $7.50 $345.00 11 Hydromulch Parkways & Median(Including Water/Fer 1.4 AC @ $1,500.00 $2,100.00 12 Standard CFW"End of Road" Barricade 160 LF @ $28.00 $4,480.00 13 Street Lights (inc. conduits & pull boxes) 8 EA @ $2,750.00 $22,000.00 14 Pavement Striping & Signage 1 LS @ $10,000.00 $10,000.00 Paving Subtotal: $273,309.10 TOTAL PAVING AND DRAINAGE COS $317,321.10 125% Amount $396,651.38 4% INSPECTION FEE $12,692.84 Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over contractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. RECEIVED I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000. 00 MID-BLOCK ARTERIAL MEDIAN 8 EA $ 2, 500 $20, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $20,000.00 City's Cost $00 ,000 .00 Developer's Subtotal $20,000.00 10% Contingencies $2,000 .00 Project Total $22,000 .00 Adjacent Developer's Cost $11,000 .00 Developer's Cost $11,000 .00 2% Inspection Fee $00,000.00 CFA CODE #2004175 (REVISED 03/08/05) DEVELOPER' S COST: $11,000.00 GRANDBURY RD IMPROVEMENTS S. BOUND February 1, 2005 Fort Worth, Texas April 19, 2005 PAGE I OF Exhibit C II. STREET LIGHTS WORK DESCRIPTION: 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 will install all the streetlights that use overhead or underground conductors on residential, and collector streets. the developer agrees to pay the city the amount shown below prior to the City starting it's design efforts. 4 . Streetlights on arterial streets shall be installed with underground conduit and 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 operation of the street lights 6. The estimated cost of this street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: $11,000.00 GRANDBURY RD IMPROVEMENTS S. BOUND February 1, 2005 FORT WORTH, TEXAS (REVISED 03/08/05) CFA CODE #2004175 Page II of Exhibit C III. "STREETLIGHTS" GRANDBURY RD 8 (DOUBLE ARMS) GRANDBURY RD IMPROVEMENTS S. BOUND Page III of Exhibit C Iv STREET NAME SIGNS 1. 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. 2. The Developer will pay for the street name sign installations required for this development to the extent of $100.00 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. 3. This development creates the following 0 (0) intersections at a cost to the Developer of$0.00: (No new intersections.) Granbury Road Improvements (Southbound) CFA code: 2004175 January 7, 2005 Par ALTA MESA i ti PRO" LO�.ATION � F5 s 0 COLL"" COU116U3 in N. T. S. LOCATION MAP IMPROVEMENTS GRANBURY ROAD CITY OF FORT WORTH RECEIVED ® Graham Associates,Inc. CONSULTING ENGINEERS t PLANNERS AA.*°. ��c�n"O-� DECEMBER 2004 NO WATER IMPROVEMENTS WITH THIS PROJECT EXHIBIT "A" WATER LINE IMPROVEMENTS GRANBURY ROAD CITY OF FORT WORTH GRAPHIC SCALE 1 "=200 ' ® Graham Associates,lnc. CONSULTING ENGINEERS t PLANNERS n OW sx nAGS oroW, suiTE 500 O 200 AR L"M)K MA4 7WI (W) 640 &%M NO SANITARY SEWER IMPROVEMENTS WITH THIS PROJECT EXHIBIT "A- 171 SANITARY SEWER IMPROVEMENTS GRANBURY ROAD CITY OF FORT WORTH GRAPHIC SCALE 1 "=200 ' Graham Associates,lnc. ® CONSULTING ENGINEERS R PLANNERS Soo 91% Funs DM%V, SLATE 900 0 O 0 [nn] ARLS1ol0M, TEXAS 7SO11 (817) 640-85x I Ji C PRURM&M ® PERMANENT ASPHALT PAVEMENT CONCRETE PAVEMENT "UIL TT 1!7'R.0.M.1 4' SIDEWALK EXISTING CONCRETE PVMT WITH SUMMER \ I • CREEK DRIVE PROJECT EXHIBIT " B" STREET & PAVING IMPROVEMENTS GRANBURY ROAD CITY OF FORT WORTH GRAPHIC SCALE 1 "=300 ' Graham Associates,lnc. L-----] ® CONSULTING ENGINEERS k PLANNERS n oo S9x R-Un dn1L SLATE 500 Q Q Q AIKA*GMK TEXM 7W1 (017) e40-A&M IQ $4 1 16 L------Q FUTU�---- ,� APPALACHIAN WAY APPALACHIAN-W,� ti (80 ' R. 0. W. W i I 1 B'X4' RCB ' i 70' DRAINAGE EASEMENT _ EX 5'X4' RCB EX 4'k4' RCB iuRE- FU C 21' RCP , m --FUDGE TPA I L 10' CURB ; �Q, ' P. 0. W. CONCRETE INLET Q CHANNEL LINING U f IQ- ti I 1 1 ' , I EXHIBIT " B- 1" STORM DRAINAGE IMPROVEMENTS GRANBURY ROAD CITY OF FORT WORTH GRAPHIC SCALE 1 "=100 ® Graham Associates,lnc. nn CONSULTING ENGINEERS & PLANNERS Goo SIX ►twos DMW- SURE 5W O O O AMAWMK. TOCA.S 76MI (1"7) GAO-MW i f� I , , I . EXHIBIT " C" STREET LIGHTS IMPROVEMENTS GRANBURY ROAD o-*-o Proposed Street CITY OF FORT WORTH Lights GRAPHIC SCALE I "=300 ' Graham Associates,lnc. L-----] ® CONSULTING ENGINEERS 3 PLANNERS n 600 SX FL4= DRIVE SUITE 800 TEXAS '] . !01 LA#GM AS 71 (617) 640-•6576 O J O 0 NO PARK IMPROVEMENTS WITH THIS PROJECT EXHIBIT " D" PARKS IMPROVEMENTS GRANBURY ROAD CITY OF FORT WORTH Graham Associates,lnc. GRAPHIC SCALE I "=200 ' ® CONSULTING ENGINEERS R PLANNERS .W Ux nAQS � � 5 TE n ARLMGMK Mt" 7=1 (017) 040 S&a 0 200