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.
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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.
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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.
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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
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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
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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
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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
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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