HomeMy WebLinkAboutContract 30601 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract
WHEREAS, Thomas Crossing, L.L.C. , hereinafter called "Developer", desires
to make certain improvements to Thomas Crossing, Phase 111, 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 Peter Thomas, its duly
Authorized 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 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 with paragraph 8, Section 11, of the Policy.
FINAL-CFA-TPW.doc
Thomas Crossing Ph. III —August 19, 2004
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 emplovees.
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).
I. 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:
FINAL-CFA-TPW.doc 2
Thomas Crossing Ph. III —August 19, 2004
Water (A) None; Sewer(A-1)None; Paving (B) attached; Storm Drain (13-
1) attached; Street Lights and Signs (C) attached.
11. 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 $206,337.39.
Item Developer City Cost Total Cost
A. Construction
—1, Streets $125,710.80 $125,710.80
—2, Storm Drainage $64,229.00 $64,229.00
—3. Street Lights $ 81800.00 $8,800.00
—4. Street Name Signs -0- $0.00
B. Engine ring Design $0.00.
C. Construction Engineering $0.00
and Management by DOE (4%), $ 7,597,59, $7,597.59
TOTALS
$206,337.319
$206,337.39
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
The developer is responsible for installation of sidewalk and a separate financial
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.
FINAL-CFA-TPW.doc 3
Thomas Crossing Ph. III –August 19, 2004
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 Develo er
has executed this instrument in triplicate, at Fort Worth, Texas this the bay of ��t
12004.
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
ATTFC,-T Director
MARTY HEN RIX Cite f Fo Wo
CITY SECRETARYmm
Marc Ott
Assistant City Manager
Approved as to Form: °�u
Contract Authorization
Assistant ty Attorney Date
ATTEST: DEVELOP
By: _
Corporate Secretary Mr. Pe er Thomas
Authorized Partner EE NED
FINAL-CFA-TPW.doc 4
Thomas Crossing Ph. III— August 19, 2004
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Dunaway Associates, Inc. 8/10/2004
BID COSTS FOR CONSTRUCTION
OF PAVING & STORM DRAIN IMPROVEMENTS
TO SERVE: THOMAS CROSSING - PHASE III
Section A: Paving Improvements
BID �[ BID UNI
ITEM QUANTITY UNIT DESCRIPTION PRICET
COST
1 4590 SY 6-inch Lime Stabilized Subgrade $ 232 $ 10,648.80
2 69 TON Hydrated Lime(30#/SY) $ 88.00 $ 6,072.00
3 3980 SY 6-inch 3000 PSI Concrete Street Paving $ 24.50 $ 97,510.00
4 84 LF Concrete Header $ 5.00 $ 420.00
5 24 LF End of Road Barricade $ 30.00 $ 720.00
335 Sy 16-inch Temporary HMAC Turnaround $ 24.00 $ 8,041.00
::O��7 I LS �FMaterial Testing F-$ 2,300.00 $ ::2,3 0.00
SUBTOTAL: $ 125,710.80
Section B: Storm Drain Improvements
BID UN IT
ITEM DESCRIPTION PRICE COST 71
1 770 LF Class III 24-inch RCP 43.00 $ 33,110.00
2 189 LF Class 11121-inch RCP $ 40.00 $ 7,560.00
3 3 EA 5-foots uare SDMH $ 3,400.00 $ 10,200.00
4 2 EA 4-foot by 4-foot Drop Inlet $ 3,100.00 $ 6,200.00
52 EA 10-foot Standard Inlet $ 3,100.00 $ 6,200.00
6 959 LF IlTrench Safety lis 1.00 1 $ 95100JI
SUBTOTAL: $64,229.00
Unit Total: $189,939.80
4% Inspection Fee $7,597.59
Fee submitted 2127104 $6,405,97
Difference $1,191.62
*****Storm Drain costs bid by Steed-July 14th, 2004
*****Paving Costs bid by Austin Bridge & Road-Aug.4, 2004
H:\WP\Jobs\2003\2003151\Paving&Drainage\Bid-Cost-073004-daa.xls
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I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK RESIDENTIAL 4 EA $ 2, 000 $8, 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 0 EA $ 2, 500 $0, 000. 00
RELOCATE EXISTING LIGHT 0 EA $ 1' 500 $0, 000 . 00
Subtotal $8,000.00
City' s Cost $00, 000 . 00
Developer's Subtotal $8 ,000 . 00
10% Contingencies $0,800. 00
Project Total $8,800. 00
Adjacent Developer's Cost $0,000 . 00
Developer's Cost $8,800.00
2% Inspection Fee $0,00 . 00
DEVELOPER' S COST: $8,800 . 00
THOMAS CROSSOING, PHASE III
March 8, 2004
Fort Worth, Texas
April 29, 2004
PAGE 1 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 its design effort.
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 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.
DEVELOPER'S COST: $8,800.00
THOMAS CROSSING, PHASE III
March 8, 2004
FORT WORTH, TEXAS
Page 2 of Exhibit C
III.
"STREET LIGHTS"
MID- BLOCK
MERION DR 4
THOMAS CROSSING, PHASE III
.®_...o.....
Page 3 of Exhibit C
IV
STREET NAME SIGNS
1. The Developer 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.
2. The Developer will pay for the street name sign installations required for this
development to the extent of $246.00 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 zero (0) intersections at a cost to the Developer
of$0.00:
(street name signs for E Riviera Dr & Merion Dr already exist)
Thomas Crossing Ph. 3
CFA code: 2004023 Date: March 5, 2004
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