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HomeMy WebLinkAboutContract 30806 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary aa,^�p COUNTY OF TARRANT § Contract No. �J o o 6 WHEREAS, Duvestco, Inc., hereinafter called "Developer", desires to make certain improvements to Burton Place Section One, 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 T. David Skinner, 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. 1 _ CFA FORMAT WITH 4%.doc Burton Place One .:: I�'-' •- :.5 J September 29,2004 �, .. `ur L1 o U`?v�.. 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 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). 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. 2 CFA FORMAT WITH 4%.doc Burton Place One September 29,2004 ,I 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: Water(A) None; Sewer(A-1)None; Paving(B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. Il. 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, Bl, 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 $ 142,719.52. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 88,558.00 $ 88,558.00 2. Storm Drainage $ 42,230.00 $ 42,230.00 3. Street Lights $ 6,600.00 $ 6,600.00 4. Street Name Signs $ 100.00 $ 100.00 B. En ineerin Design $ - C. Construction Engineering Is - and Mana ern nt b DOE 4% $ 5,231.52 1 $ 5,231.52 TOTALS $ 142,719.52 $ - $ 142,719.52 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. 3 .` CFA FORMAT WITH 4%.doc - Burton Place One ir �y""� Z, L� �`i ca 4:2 L 1. September 29,2004 �Q ..,r n ^^ f!s ::y.If u a L� 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. 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 29 day of September,2004. Approval Recommended: Transportation and Public Works Department GS �� Robert Goode, P. E. Director Contract Authoriaatiox City Of Fort Worth Date Marc Ott Assistant City Manager ATTEST: Marty Hendrix City Secretary Approved as to Form: Assistant City Attorney ATTEST: DEVELOPER-D e co, Corporate Secretary T. David Skinner, Pres 4 - CFA FORMAT WITH 4%.doc - Burton Place One '^ September 29,2004 BURTON PLACE SECTION ONE EXHIBIT "B" STREET IMPROVEMENTS PAY APPROXIMATE UNIT DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION - E- PAVING 1. 1829 S.Y. 6" Lime Stabilized Subgrade (includes Preparation of Subgrade), complete in place for the sum of One Dollars & Ninty-Five Cents per S.Y. $1.95 $3,566.55 2. 27.5 Tons Lime for Subgrade (30#/S.Y.)* complete in place for the sum of Ninty-Five Dollars No Cents per Ton $95.00 $2,612.50 3. 1717 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer and 7" Standard Attached Concrete Curb) Complete in Place for the sum of Twenty Dollars Twenty-Five Cents per S.Y. $20.25 $34,769.25 4. 3570 S.Y. 2" H.M.A.C. Overlay Enoch & Laurie complete in place for the sum of Thirteen Dollars No Cents per S.Y. $13.00 $46,410.00 BURTON PLACE SECTION ONE EXHIBIT "B" STREET IMPROVEMENTS PAY APPROXIMATE UNIT DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 5. 3 Ea. Adjust Manholes for the sum of Fifty Dollars No Cents per Ea. $50.00 $150.00 6. 1 Ea. Adjust Gate Valves for the sum of Fifty Dollars No Cents per Ea. $50.00 $50.00 7. 1 L. S. Storm Water Management for the sum of One Thousand Dollars No Cents $1,000 $1,000.00 SUB-TOTAL STREET IMPROVEMENTS $88,558.30 -- --------------- T- IF------ --- {I------- , I , I I ------------a------------------------------------------ ----------- i --------------------------- _ r i r I i 42 43 44 45 48 47 r 48 I r g r I N i r r II-�i r u)10 9 , W I 7 8 5 I101 ED O K C UR � rM�11114w, ' 170un Zi 9B--B C N RET wl � ll � I I 1 � I 14 15 18 17 18 19 20 21 I � t I I ' i r t I t r 32 31 30 29 28 27 28 25 24 23 i I 1, ----------------------- -------------------------- -1�- - - - -----i:��.. l v r � I I _ I EXHIBIT "B" STREETS BURTON PLACE Section One �— BURTON PLACE SECTION ONE EXHIBIT "B-1" STORM DRAIN IMPROVEMENTS PAY APPROXIMATE UNITS DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION C- STORM DRAIN 1. 22 L.F. 21" Class III R.C.P. Pipe, including trench excavation and backfill, complete in place for the sum of Thirty-Five Dollars & No Cents per Linear Foot $35.00 $770.00 2. 468 L.F. 24" Class III R.C.P. Pipe, including trench excavation and backfill, complete in place for the sum of Forty Dollars & No Cents per Linear Foot $40.00 $18,720.00 3. 2 Ea. Standard 10' Curb Inlets with erosion control for the sum of Two Thousand and Fifty Dollars & No Cents per Each $2,050.00 $4,100.00 4. 1 Ea. Standard 4'x4' Manholes Complete in Place for the sum of Eighteen Hundred Dollars & No Cents per Each $1,800.00 $1,800.00 5. 40 L.F. Standard Street Cut, Backfill & Repair Thirty-Five Dollars & No Cents per L.F. $35.00 $1,400.00 6. 330 S.Y. Remove one panel of Concrete Street (Morrison) Lime Stabilize Subgrade and Re-pave Concrete Street Fob Dollars & No Cents per S.Y. $40.00 $13,200.00 BURTON PLACE SECTION ONE EXHIBIT "B-1" STORM DRAIN IMPROVEMENTS PAY APPROXIMATE UNITS DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION C-STORM DRAIN 7. 490 L.F. Trench Safety System One Dollars & No Cents per Linear Foot $1.00 $490.00 8. 10 C.Y. Washed Gravel for Pipe Bedding for the sum of Twenty-Five Dollars & No Cents per Cubic Yard $25.00 $250.00 9. 1 L.S. Storm Water Management for the sum of One-Thousand Dollars & No Cents per Lump Sum $1,000.00 $1,000.00 10. 1 L.S. Testing for the sum of Five Hundred Dollars & No Cents per Lump Sum $500.00 $500.00 $42,230.00 BRE TW OD TAIR ISI 42 43 44 43 48 47 48 1 a I I I I 10 9 "� 7 8 5 l - HED E K OU T I I I O 18 17 18 19 20 21 s 14 15 I I I Js { 33 32 31 30 29 28 27 28 25 24 23 22 --- - - - - - - — - - - - - - - - - - - _ - - - . � ISI I I I I I EXHIBIT "B-1" STORM DRAIN BURTON PLACE Section One BURTON PLACE Section One STREET LIGHTS & STREET SIGNS PAY APPROXIMATE DESCRIPTIONS DF ITEMS WITH UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION B - STREETS LIGHTS 1. 3 Ea. Street Lights $2,200.00 $6,600.00 2. 1 Ea. Street Signs $100.00 $100.00 SUBTOTAL SECTION C - STREET LIGHTS1 $6,700.00 BRE TW OD TAIR I I42 43 j 44 45 48 47 48 I I g I I `II N I l I I 10 9 8 7 s 5 W I °� •r I s II di CV — —�/cam •Ir — HEDGECRK COURT 'I ill � O I14 15 16 17 18 19 20 21 22 � I 27 28 Z9 24 23 I� 33 32 31 30 29 28 4P ilh EXHIBIT "C" STREET LIGHT BURTON PLACE Section One I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 1 EA $ 2, 000 $2, 000 . 00 MID-BLOCK RESIDENTIAL 1 EA $ 2 , 000 $2, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2 , 000 $2, 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 $6, 000 .00 City' s Cost $00, 000 . 00 Developer' s Subtotal $6, 000 .00 10% Contingencies $0, 600. 00 Project Total $6, 600 . 00 Adjacent Developer' s Cost $0, 000 . 00 Developer' s Cost $6, 600 . 00 2% Inspection Fee $0, 00 . 00 (CFA CODE 2004092) DEVELOPER'S COST: $6, 600 . 00 BURTON PLACE, SECTION I July 12, 2004 Fort Worth, Texas July 26, 2004 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 . S . 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: $6, 600.00 BURTON PLACE, SECTION I July 12, 2004 FORT WORTH, TEXAS (CFA CODE 2004092) Page 11 of Exhibit C 0 III. "STREETLIGHTS" INTERSECTIONS MORRISON DR & HEDGEOAK CT 1 MID - BLOCK HEDGEOAK CT l CHANGE OF DIRECTIONS HEDGEOAK CT 1 BURTON PLACE, SECTION I 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 one (1) intersections at a cost to the Developer of $100 .00 : Morrison Dr & Hedgeoak Ct Burton Place Section One CFA code : 2004092 Date : June 28, 2004