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HomeMy WebLinkAboutContract 31100 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.�f WHEREAS, Harvest Ridge, LP, hereinafter called "Developer", desires to make certain improvements to Harvest Ridge Addition — Phase 3, 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 Fourth Decade Corporation, its duly authorized General Partner, acting herein by and through Lee Nicol, its duly authorized President, 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 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 11, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section 11, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance withparagraph 8, Section 11, of I, Po,,Jiey--.--.......... 2003004-00 TPW CFA-04-0805 JWM.dod 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 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 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 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- .................................. . ..... 2003004-00 TPW CFA-04-0805 JWM.doc2 Water (A)None; Sewer(A-1)None; Paving (B) attached; Storm Drain(B- 1) attached; Street Lights and Signs (C)attached. .. 2003004-00 TPW CFA-04-0805 JWM.doc3 f 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, 131, 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 Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. 2. Developer's column for Item C represents two percent (4%) cost for construction inspection fees and materials testing less 10% for contingency cost. (*) Represents City participation for construction fees based on actual cost. 3. City not preparing plans and specifications. 2003004-00—TPW—CFA-04-0805—JWM.doc4 SUMMARY OF COST Harvest Ridge Addition Phase Item Developer City Cost Total Cost Cost A. Construction $ 1. Streets $303,211.00 $ 303,211.00 2. Storm Drainage $276,935.00 $ 276,935.00 3. Street Lights $1,872.00 $ 1,872.00 4. Street Name Signs $ 300.00 $ 300.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) 1 $ 23,205.84 $ 27,205.84 TOTALS $ 605,523.84 $ $ 605,523.84 CFA CODE: 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, an said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the QTday of LdIfI& , 2004. Approval Recommended: Transportation and Public Works Department C 0 fl t r R c t A u t lic,r 1.z a i o,i i Robert 6node, P. E. Date Director ATTEST: City Of Fort Worth B yt: arc Ott City Secretary Assistant City Manager Approved as to Form: 9&� .. Assistant Ny Attorney ATTEST: DEVELOPER Harvest Ridge, LP Corporate Secretary By: Fourth Decade Co of 40 It's General Partn B Lee Nicol President R E C E 1� f 13 'I J, 2003004-00 TPW CFA-04-0805 JWM.doc5 %WWI / MIEN �-- �"``.� • --� -t DAY Sweet9 Chap Cemeteryery I� 11 I m - ��� I LL, ^ HASLET -ROANOKE — F--- Y KELLER- HASLET - ROANOKE FORT uOATH N j ra to 2e 2A y 'A` 1 7 v ELLER HASLET H / tr. L1..T PROJECTLOCATION p ! X OAK AVEN _ m ' SUNS£i CAT OR� 1�,4 NSES 377 / 0 0 VICINITY MAP HARVEST RIDGE PHASE 3 RECEIVED ��a�a Engineers i,U�J 0 5 2�a4 ,4k..DPlanners T.� 4Surveyors 3 Associates hic. Landscope Architects 1501 Merrimoc Circle, Ste. 100 Fort Worth, TX 76107 Ph: 817.335.1121 Metro: 817.42'9.2135 Fox: 817.335.7 37 ' A y � � M N h U, L O x h .� co p CC j O ..6 c C X .. M ..y �► U t,.Q N b N � w p V O C� in o a C/] v N O t o, s FD ,�� x ti s M s e A C/� a a A a Q A g x A d A ti 4 s b -44 V A A i x s s s Q B Y i � p Y � A A R A cn 5 R a C<L A R A J t A A fi A Al A C A 111 4 u U) .. ..... e 'f 7 c 0) o C (v C > 1; C, L- C LLJ V')3 LT u-) 0 'T 0 cl vro of O J� o o cil M Fo 1 �-- Y � Cry, (^�y ri � � II C Mr''r,^',1 A If JON .*Z N4 uj -j < 'co K .. M h C y M CO j &c -c w LL fn� L N Lo h k ro � R •Oi m 8 zi m a R � to few Lo � , W a r� �+ d pOC Q. � d = r k 77Lx +r t. r^ 4 C,> INTER-OFFICE CORRESPONDENCE City of Fort Worth Transportation/Public Works TO: Those Listed Below FROM Raquel Velasquez, Development Section SUBJECT PROPOSED COMMUNITY FACILITIES FOR: HARVEST RIDGE, PH III CFA Code: 2004121 PLAT NO: PP01021 Attached is a request for a proposed CFA dated for referenced project from JEFFREY W. MANNON with[DUNAWAY ASSOCIATES, INC. Cost Estimates and Exhibits are included. Please furnish the information required for preparation of your section of the contract. Developer: HARVEST RIDGE, LP Comments: INFORMAL [I FORMAL El 8/18/04 COST ESTIMATES TO BE ROUTED cc: Ronnie Varnell (Signals) Chuck Snyder(Street Signs) Peggy Chaney (Water Dept.) Dwight Sanders (Street Lights) David Creek (PACS) Wednesday,August 18, 2004 7 ... ...........—Page ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST HARVEST RIDGE PHASE 3 City of Fort Worth DAI No. 2003-004-00 30-Jul-04 105 Lots 21.873 Acres CONSTRUCTION COST 1. WATER DISTRIBUTION SYSTEM $124,6216.85 11. SANITARY SEWER COLLECTION SYSTEM $131,146.10 Ill. STORM DRAIN SYSTEM $276,935.00 IV. PAVING $303,210.80 TOTAL PROBABLE CONSTRUCTION COST $835,918.75 MISCELLANEOUS COSTS WATER DEPT INSPECTION FEE (2%) (ITEMS I & 11) $5,115.46 T&PW INSPECTION FEE (4%) (ITEMS Ill &IV) $23,205.83 RECEIVED AUG Q 5 2004 2003004OPCCCFA04-0730 ime.xls Paqe 1 of 1 III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 01000 $00, 000 . 00 MID-BLOCK RESIDENTIAL 4 EA $ 0, 000 $00, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 5 EA $ 0, 000 $00, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 0, 000 $ --0-- MID-BLOCK ARTERIAL PARKWAY 0 EA $ 0, 000 $ --0— MID-BLOCK ARTERIAL MEDIAN 0 EA $ 0, 000 $ __0__ RELOCATE EXISTING LIGHT 0 EA $ 0, 000 $ --0-- 0 (200 watt lights) x $7 . 05 (per light) x 24 months = $00, 000 . 00 12 (100 watt lights) x $6. 50 (per light) x 24 months = $1,872. 00 Total: $1,872,00 The Street Lights will be installed by TRI County Electric Cooperative the developers initial 24- month power charge will be $1 ,872.00. After the initial 24-month power charge the City of Fort Worth, WILL ASSUME THE POWER COST. CFA CODE #2004121 ,,*V�:HARVEST RIDGE, PHASE I I I August 24 , 2004 Fort Worth, Texas August 25, 2004 PAGE I OF EXHIBIT C l 2. 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. 3 . Streetlights on arterial streets shall be installed with underground conduit and conductors . 4 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities" . 5 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational . 6. A 3-inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points . 7 . The developer shall pay the initial two year power cost to TRI- COUNTY ELECTRIC COOPERATIVE, after the initial two year cost the City of Fort Worth, will assume the power cost. 8 . The developer or their contractor shall contact City' s street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-6596 to insure proper inspection of work. TOTAL DEVELOPER' S COST $1,872.00 HARVEST RIDGE, PHASE III August 24 , 2004 Fort Worth, Texas August 24, 2004 PAGE II OF EXHIBIT C CFA CODE #2004121 IF" "STREET LIGHTS" INTERSECTIONS PADRE AVE & RAVENSBROOK CT 1 PADRE AVE & NATURE DR 1 PADRE AVE & PADRE CT 1 MID - BLOCK PADRE AVE 3 PADRE CT 1 CHANGE OF DIRECTIONS RAVENSBROOK CT 2 PADRE CT 1 PADRE AVE 2 HARVEST RIDGE, PHASE III 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 three (3) intersections at a cost to the Developer of$300.00: Padre Av & Nature Dr Padre Av & Ravensbrook Ct Padre Av & Padre Ct Harvest Ridge, Phase III CFA code: 2004121 August 20, 2004