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HomeMy WebLinkAboutContract 30804 r COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. �,3� �Q WHEREAS, Arcadia Lots, Ltd., hereinafter called "Developer", desires to make certain improvements to Arcadia Park Phase V, Section 1, 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 Stephen L. Goodman, Administrator of Bronson Holding, LLC its General Partner and duly authorized Representative, 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 II, of the Policy. D. The Developer shall award all contracts for the construction of community facilities iri accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastru ture shall bQ, administered in conformance with paragraph 8, Section II, o the Poli I DOCSI-#5876-v1-CFA.DOC 1 e 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 s ustained b y any p ersons (including d eath) o r t o a ny p roperty, 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 s hall i nstall o r a djust a 11 o f t he r equired u tilities t o s erve t he 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-Me �— exhibits attached hereto. The following exhibits are made a part hereof: D0CSJ-#5876-v1-CFA.D0C 2 Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (13- 1) attached; Street Lights and Signs (C) attached. 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 $1,035,416.00. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 718,530.00 $ - $ 718,530.00 2. Storm Drainage $ 203,291.00 $ 34,018.00 $ 237,309.00 3. Street Lights $ 14,500.00 $ 43,500.00 $ 58,000.00 4. Street Name Signs $ - $ 1,100.00 $ 1,100.00 B. Engineering Design $ - $ 2,041.00 $ 2,041.00 C. Construction Engineering and Management by DOE 2% $ 18,436.00 M $ 18,436.00 TOTALS $ 954,757.00 $ 80,659 00 $ 1,035,416.00 Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. Sidewalk cost is included under street cost. The developer is responsible for installation of sidewalk. 2. Developer's column for Item C represents two percent (2%) cost for construction inspection fees and materials testing less 10% for contingency cost. (*) Represents City participation for construction fees based on actual ost,- ,. �.- ,- 3. City not preparing plans and specifications. ''�i''•� �'-t'= =' .., g R DOCSI-#5876-0-CFA.DOC 3 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 I �}day of L �4)�) ) 200/.+ Approval Recommended: Transportation and Public Works Department Co trac AUthoriz tion CZ/ Date Robe Goode, P. E. Director ATTEST: City Of Fort Worth CY\ By: Marc Ott City Secretary Assistant City Manager Approved as to Form: Assistant City Attorney ATTEST: DEVELOPER Arcadia Lots Ltd. a Texas limited partnership By: Bronson Hol 'ng, LLC a Texas limited 1' il'ty company Its: Gene I Part By: Corporate Secretary Step h G4 dman, Administrator \\\RV PpELIZABETH A. RIGG Notary Public,state of Texas ?„€ My commission Expires '•,;�FS�,,.°� October 19, 2004 )} DOCSI-#5876-v1-CFA.DOC 4 III. STREET LIGHTS : 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 12 EA $ 2 , 000 $24, 000 .00 MID-BLOCK RESIDENTIAL 11 EA $ 2 , 000 $22, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 6 EA $ 2, 000 $12, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2 , 200 $0, 000 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 200 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, S00 $0, 000 . 00 Subtotal $S8, 000 . 00 City' s Cost $43 , S00 . 00 Developer' s Subtotal $0, 000 . 00 10% Contingencies $0, 000 . 00 Project Total $S8, 000 . 00 Adjacent Developer' s Cost $0, 000 . 00 Developer' s Cost $0, 000.00 2% Inspection Fee $0, 00 . 00 Developer's Responsibility See PG III-1, "Line 7" ARCADIA PARK, PHASE V - SECTIONI July 9, 2003 Fort Worth, Texas August 16, 200 PAGE 1 OF Exhibit C 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 of Transportation and Public Works . 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 . Street light conduit and footings shall be installed by the developer's contractor as part of and at the time of street construction. The city will obtain electric service and complete the street light construction in accordance with approved plans . 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) 871-8100 to insure proper inspection of work. 9 .The procedure for installing conduit and footings will be with the inspector on the job site or you can request a copy by calling 817- 871-6596 . ARCADIA PARK, PHASE V- SECTION I July 9, 2003 Page 2 of Exhibit C a "STREET LIGHTS" INTERSECTIONS GOLDEN SUNSET TRL & GOLDEN SUNSET CT 1 GOLDEN SUNSET TRL & ENCHANTED ROCK 1 GOLDEN SUNSET TRL & SHIVER RD 1 GOLDEN SUNSET TRL & BROOK HILL LN 1 GOLDEN SUNSET TRL & STREET A 1 . ENCHANTED ROCK LN & STREET B 1 SUMMER STAR LN & ENCHANTED ROCK LN 1 SUMMER STAR LN & SILENT BROOK TRL 1 SILENT BROOK TRL & SHIVER RD 1 SUMMER STAR LN & BROOK HILL LN 1 SILENT BROOK TRL & SILENT BROOK CT 1 BROOK HILL LN & SHIVER RD 1 MID - BLOCK GOLDEN SUNSET TRL 3 SUMMER STAR LN 2. BROOK HILL LN 4 SSHIVER RD 2 CHANGE OF DIRECTIONS SILENT BROOK CT 1 SILENT BROOK TRL 1 BROOK HILL LN 1 ENCHANTED ROCK LN 1 SUMMER STAR LN 1 GOLDEN SUNSET CT 1 ARCADIA PARK, PHASE V - SECTION I Page 3 of Exhibit C r`l '�`i`1l'i�ii � W., IV STREET NAME SIGNS 1 . The City 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 City 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 eleven (11) intersections at a cost to the City of $1100 . 00 : Shiver Road and Golden Sunset Trail Shiver Road and Silent Brook Trail Shiver Road and Brook Hill Lane Shiver Road and North Beach Street Golden Sunset Trail and Golden Sunset Court Golden Sunset Trail and Enchanted Rock Lane Golden Sunset Trail and Brook Hill Lane Summer Star Lane and Enchanted Rock Lane Summer Star Lane and Silent Brook Trail Summer Star Lane and Brook Hill Lane Silent Brook Trail and Silent Brook Court Arcadia Park Jlj t Phase V, Section 1 Fort Worth, Texas Date: July 2, 2003 TT] 'I 0 0 N 0 w U o Q O Z O NN m N W O L 7W' � cc Z Es w O ZO W v - 3n� V Ua I(/'71�II�1II l/ w a O O C= N w ¢ J Q as v1sIA d1�0 ' OVOlI 00 oOv30 H1a0N 133815 H3Y36 H1 HON J J 2. O E N Y Q o a o ! . U x ► z moo W 0 � I 3AIa0 301S83AId 91HON Z� 'Oa NO1N3 010 F- 0 D U Q OU Cie0 ' zz MS£NI O OLL ti M �"{ � o � zo Zj ,a= HDVR9 ruaon x Q w U Q m Q U U a Im ? N w m Q I s H = A mRIM z N X w U =off W a y I e $ Z t, r O H• „ N ^' zo h y .n� • � N N • •� � h � 1 -� z w CD w Y U J w a O o 3-- m� mcc w �. o CL mo mo — n Qc NY- yr v Q Q Ln C D d O CL OQ OQ O :2 0-10 =O cc — 0 C) � r II o C zo � woa QmE U U Q. QI rAo A WW m W 0 m itic ." qq mWa Z Q > � � � � = U 0 r', w o W Lu W ��3^O � n F a Q� a r►�,r7 O fL I J � L O N v = N X M m M I N �T O J - 7(ffi 7IOOxH M _ L v _ r -HV2LL YOO'ds J. 3=s _ ^" N �gj a 0 ' O ps7 $ 00 = e m 0 - f m _ / Co Ln n I M1 - m e ) LLI z Z z W - CD J W z Z F- o J a a u - < J CC w H p LLJ J 0 Q F- O 3:- a. U Of LI 2 O O - O J z Q LL. F- z Q w N O m V) - 2 Q Ln d F- F- X - - r O O � Z W O � = U z u" ^ aw m m Iuj r V_ ►� 4 (�J _ � O Z N `U- ¢v L uj A' ', 1 aa: CY ^pF ma Li o � a a r_ I I I a s x x R x x x _ 1 _ °° a I © 310 � 1 R x m / ^ cc ® a p \ � ; i l i I ! I I ! • , 77 �- W z i W N WJE W w W JO_ W W o J _j CDcr- 0 z W —J ~ F- N NWO N N N F-W 0- N N O NZQ 0.0 X m XOZ M 0 o r th n � � LL o r Z W O w V Q m i s 0 z LU ,� v w Q � , o I� 44�I1a✓.��r1ACQ4 I J[?Ib'd N I awn rmi )Iooae _ 'Wxi X0O'I9 .17Zi'Ils tmsvns X m �u R x ^ Ja HIMoJ a 0 U 0 N CDU 0 N O D O CB 011850.010 Page3 ::.:. .. :::::':CARTER BDRG.ESS. INC i ' 77 nAlt 4"REET, FORT V1►0RTH, TEXAS, 6'>EQ2 'PHON:ENO �$1'T� 7 5 bOQ Arcadia Phase 5 - Sect 1 26-1un-2003 PAVING ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABILIZED SUB GRADE 33,988 S.Y. $1.50 $50,982.00 2 HYDRATED LIME 30#/SY 510 TON $85.00 $43,350.00 3 6" R.C. STREET PVMT W/7" CURB 32,067 S.Y. $18.00 $577,206.00 4 7" R.C. STREET PVMT W/7" CURB 880 S.Y. $20.00 $17,600.00 5 4' SIDEWALK 1 3,674 L.F. 1 $8.00 1 $29,392.00 TOTAL PAVING $718,530.00 G:\JOB\011850\EST\CFA.xls CB 011850.010 Page4 .......... . ........... ..... ... ............ .. .. ... ............... ...... . ...... ... .................. A ... . . ........ T�'IR BURGESS,:,... INC .. ............. ... . STREET REETFO$Z.T.,"-w.OP,,t!4. TE - - PHONENO (87..7): ....... ...3.5 4. .............. . .. . .. .... ..... .... ....... ......... ... ... . ...... .... ...... ....... .. Arcadia Phase 5 - Sect 1 26-Jun-2003 STORM DRAIN SYSTEM ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 48" RCP 89 L.F. $84.00 $7,476.00 2 42" RCP 23 L.F. $72.00 $1 ,656.00 3 39" RCP 85 L.F. $62.00 $5,270.00 4 36" RCP 197 L.F. $53.00 $10,441.00 5 33" RCP 217 L.F. $45.00 $9,765.00 6 30" RCP 70 L.F. $42.00 $2,940.00 7 27" RCP 373 L.F. $40.00 $14,920.00 8 24" RCP 32 L.F. $38-00 $1 ,216.00 9 21" RCP 33 L.F. $36.00 $1 ,188.00 10 8-10' X 8' MULTI-BOX CULVERT 300 C.Y. $365.00 $109,500.00 11 STD 10' CURB INLET 6 EA. $2,200.00 $13,200.00 12 STD 15' CURB INLET 5 EA. $2,500.00 $12,500.00 13 STD 4' SQ MANHOLE 4 EA. $1,600.00 $6,400.00 14 STD 5' SQ MANHOLE 1 EA. $1,800.00 $1 ,800.00 15 33" TYPE B HEADWALL 1 EA. $1,800.00 $1 ,800.00 16 48" TYPE C HEADWALL 1 EA. $2,100.00 $2,100.00" 17 TRENCH SAFETY 1 1,119 1 L.F. $1.00 $1 ,119.00 ITOTAL STORM DRAIN SYSTEM $203,291.00]1 G:\JOB\01 1850\EST\CFA.xls CB 011850.010 Page5 GARTER :BURGESS;;;I .. ... . . . .... .... . ... .. ......... .. .. .............. 77.7':MAIN;.;:STREET' :FORT:WORT H, EXTEXAS :75'1:02 . ... . .... . .... ... ... ... . . ... ... ... ....... . OEIO.... . ... .. .... . ....... 1 4 w v 1 4 a Arcadia Phase 5 - Sect 1 26-Jun-2003 CITY PARTICIPATION - OFFSITE STORM DRAIN 35% OF 40 L.F. OF AN 8-10' X 8' MULTIPLE BOX CULVERT ON A 300 SKEW ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 8-10' X 8' Multiple Box Culvert 93.2 C.Y. 365.00 $34,018.00 SUBTOTAL $34,018.00 2 16% Engineering I L.S. 2,041 .08 $2,041.08 TOTAL CITY PARTICIPATION $36,059.081 QUANTITY TAKE-OFF: 40 L.F. DIVIDED BY COS 300 = 46.19 L.F. 35% X 46.19 L.F. = 16.17 L.F. 16.17 L.F. X 5.764* C.Y./PER FOOT OF BARREL = 93.20 C.Y. OF CONCRETE 93.20 C.Y. CONCRETE X $365.00/C.Y. OF CONCRETE = $34,018.00 6% X $34,019.42 = $2,041.08 TOTAL CITY PARTICIPATION = $36,059.08 *Cubic yards of concrete per foot of barrel of the 8-10' x 8' multiple box culvert per sheet 27, TXDOT multiple box culvert specification sheet. For a 5-10'x8' MBC it lists 3.679 C.Y./per foot of barrel and the 6-10'x8' MBC lists 4.374 C.Y./per foot of barrel. Therefore there is a common jump of 0.695. Whereas an 8-10'x8' MBC should have 4.374+2(0.695) = 5.764 C.Y./per foot of barrel. G:\JOB\011850\EST\CFA.xls CB 011850.010 Page6 ... ....... ... . G-ARTER&:,BURG.ESS::lNG WOR ........ :777T::MA[WiWRlEET' FORT : , T-K. : TEX-A . ........... . ..... ... ... ......... ...... PHONE:N ... ... ... .. ..... . ... ... 0,ij-8-17fT35;60,66::� .. .... .............. .. .. .. ... .. ..... . .... ......... .. .. ... Arcadia Phase 5 - Sect 1 26-Jun-2003 STREET LIGHTS & SIGNS ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 STREET LIGHTS 31 EA. $1,500.00 $46,500.00 2 STREET SIGNS 11 EA. $80.00 $880.00 ITOTAL STREET LIGHTS/SIGNS $47,380.00 G:\JOB\011850\EST\CFA.xIs City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/21/2004 DATE: Tuesday, September 21, 2004 LOG NAME: 20ARCADIA 5-1 REFERENCE NO.: C-20293 SUBJECT: Community Facilities Agreement with Arcadia Lots, LTD., for the Installation of Community Facilities for Arcadia Park Phase V, Section 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Arcadia Lots, Ltd., for the installation of community facilities for Arcadia Park Phase V, Section 1. DISCUSSION: On April 22, 2003 (M&C G-13956), the City Council approved funds in the amount of $3.28 million to be moved from the Special Assessments Fund to supplement the 1998 Capital Improvement Program new development funds. This project was included in the list of 83 projects submitted to the City prior to July 29, 2003, when the City Council placed a moratorium on City participation in community facilities agreements for street, storm drain, street lights and street name signs facilities. Arcadia Lots, Ltd., the developer of Arcadia Park Phase V, Section 1, has executed a proposed contract for community facilities to serve a 206 lot single-family development located in northeast Fort Worth, east of 1-35 and north of North Tarrant Parkway (see attached vicinity map). This development has five (5) interior streets and one arterial street for which the developer is responsible for the cost of the installation including sidewalks. City participation is for over-sized storm drain. There will be twenty-nine (29) street lights installed. The developer is responsible for the installation of underground conduit and pole bases. City participation includes the installation of all wiring and street lights fixtures. There are eleven (11) intersections where street signs will be installed at the City's cost. This Community Facilities Agreement is in compliance with the City's Policy for the Installation of Community Facilities. The estimated cost of the community facilities is as follows and subject to the actual bid price: ESTIMATED DEVELOPER CITY TOTAL Street Improvements $718,530.00 $0.00 $718,530.00 Design Engineering N/A $0.00 $0.00 Logname: 20ARCADIA 5-1 Page 1 of 2 Construction inspection Fees $14,371.00 ( ) $14,371.00 Storm Drain Improvements $203,291.00 $34,018.00 $237,309.00 Design Engineering N/A $2,041.00 $2,041.00 Construction Inspection Fees $4,066.00 (") $4,066.00 Street Lights $14,500.00 $43,500.00 $58,000.00 Street Name Signs $0.00 $1,100.00 $1,100.00 TOTAL ESTIMATED COSTS $954,758.00 $80,659.00 $1,035,417.00 (') The City's portion of construction inspection fees are calculated based on actual street and storm drain construction costs over the 2% cap paid by the developer, as per the CFA policy in place at the time of this project. Plan Commission Approval - On October 25, 2000, the Plan Commission approved preliminary plat (PP 00050). The final plat has been submitted to City staff for review. This development is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: TO Fund/Account/Centers FROM Fund/Account/Centers C115 541200 020115136417 $34.018.00 C115 531200 020115136417 $2,041.00 C115 541200 020115136801 $43,500.00 C115 541200 020115136802 $1,100.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7801) Additional Information Contact: Christa Sharpe (8009) Logname: 20ARCADIA 5-1 Page 2 of 2