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HomeMy WebLinkAboutContract 32907 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.i—DW" WHEREAS, Two SR, L.P., a Texas Limited Partnership, hereinafter called "Developer", desires to make certain improvements to Sendera Ranch Phase VI, Section 1A, 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 Centamtar Terras, L.L.C., its duly authorized General 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: 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 II, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. CFA REVISED FORMAT WITH 4%.doc 1 F. The Developer further covenants and agrees to, and by these presents does hereby, frilly 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, tivhether or not such injuries, death or damages are caused, in whole or in part, by the alleged nealiaence of the Citp 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. 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. CFA REVISED FORMAT WITH 4%.doc 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, B 1, 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 $574,500.28. Item Developer City Cost Total Cost Cost A. Construction $ - $ 1. Streets $462,121.50 462,121.50 2. Storm Drainage $51,148.00 51,148.00 3. Street Lights $39,600.00 39,600.00 4. Street Name Signs $1,100.00 1,100.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ (4%) 20,530.78 20,530.78 TOTALS 574,500.28 $ - 574,500.28 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. CFA REVISED FORMAT WITH 4%.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, ano said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the f ay of 200 Approval Recommended: Transportation and Public Works Department r Robert Goode, P. E. EH11�I,&cP-E, U I RE D Director Q ATTEST: City Of Foo-Worth B : Y 74127) MCL(4 s Pf'ldr, X 'c Ott City Secretary Assistant City Manager Approv s to Form: Assist flt Ci y Attorney ATTEST: DEVELOPER Two SR, L.P. A Texas Limited Partnership By: Centamtar;` r> . By: �'%L/ `��✓'L� Corporate Secretary Mehrdad Moayedi General Partner CFA REVISED FORMAT WITH 4%.doc 4 „ r RECEIVED DEC 2 9 2003 CB 011864.010 Page3 . . . GARTER &.RUR ; f 'ANC 7 7 MAIN STREET. :FORT. QRTI-[ . TEXAS �7��: :`: s.... x.................................. PHONE 7)::7 f� 40.. ..... . ................: ....... :... .. Sendera Ranch Phase 6-Sect 1A 15-Sep-2003 PAVING ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABILIZED SUBGRADE 20,901 S.Y. $1.50 $31,351.50 2 HYDRATED LIME (30#/SY) 314 TON $85.00 $26,690.00 3 6" R.C. STREET PVMT W/7" CURB 20,204 S.Y. $20.00 $404,080.00 TOTAL PAVING $462,121.50 G:\JOB\011864\EST\Ph6sectl ACFA091503.XLS CB 011864.010 Page4 CA . TER 8< BURGESS IN 777NtA1N 57REEfi, EfltT11�£ RTI-I, 1" XAS 781t�2 Pk ONE NO. 5=6000 Sendera Ranch Phase 6-Sect 1A 15-Sep-2003 STORM DRAIN SYSTEM ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 36" RCP 210 L.F. $64.00 $13,440.00 2 33" RCP 14 L.F. $60.00 $840.00 3 27" RCP 96 L.F. $48.00 $4,608.00 4 24" RCP 120 L.F. $44.00 $5,280.00 5 21" RCP 40 L.F. $40.00 $1,600.00 6 TRENCH SAFETY 480 L.F. $1.00 $480.00 7 STD 15' CURB INLET 6 EA. $2,800.00 $16,800.00 8 STD 4' SQ MANHOLE 3 EA. $1,800.00 $5,400.00 9 STD 36" TYPE B HEADWALL 1 EA. $2,700.001 $2,700.00 TOTAL STORM DRAIN SYSTEM $51,148.00 G:\JOB\011864\EST\Ph6sect1 ACFA091503.XLS III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 11 EA $ 2, 000 $22, 000 .00 MID-BLOCK RESIDENTIAL 6 EA $ 2, 000 $12, 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 $36, 000 .00 City' s Cost $00, 000 . 00 Developer' s Subtotal $36, 000 .00 10% Contingencies $3, 600 . 00 Project Total $39, 600.00 Adjacent Developer' s Cost $0, 000 .00 Developer' s Cost $39, 600 .00 2% Inspection Fee $0, 00 .00 DEVELOPER'S COST: $39, 600 .00 SENDERA RANCH PHASE, VI SECTION IA November 13, 2003 Fort Worth, Texas November 13, 2003 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 . The Developer's shall pay the amount shown below to the City of Fort Worth at the time after execution of the Communities Facilities Agreement. 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 . 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 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. DEVELOPER'S COST: $39, 600.00 SENDERA RANCH, PHASE VI- SECTION IA FORT WORTH, TEXAS November 13, 2003 Page 2 of Exhibit C "STREET LIGHTS" INTERSECTIONS BLACK GOLD TRL & CASTLE TOP DR_ 1 BLACK GOLD TRL & CASTLE TOP DR 1 BLACK GOLD TRL & CEDAR POST DR 1 FORT APACHE DR & ESPERNANZA DR 1 FORT APACHE DR & COCHISE DR 1 CASTLE TOP DR & ESPERNANZA DR 1 CASTLE TOP DR & AGUA LANE 1 CASTLE TOP DR & FIREBUSH LN 1 ESPERNANZA DR & PANCHO LN 1 SAN FELIPE RTL & FIREBUSH LN 1 FIREBUSH LANE & PANCHO LN 1 MID - BLOCK BLACK GOLD TRL 1 CASTLE TOP DR 1 FORT APACHE DR 1 ESPERNANZA DR 1 COCHISE DR 1 FIREBUSH LN 1 CHANGE OF DIRECTIONS COCHISE DR 1 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 $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 (that require street name signs) at a cost to the Developer of $1, 100. 00 : Cedar Post Dr & Black Gold Tr Castle Top Dr & Black Gold Tr Fort Apache Dr & Black Gold Tr Fort Apache Dr & Cochise Dr Fort Apache Dr & Esperanza Dr Pancho Lane & Esperanza Dr Pancho Lane & Firebush Lane San Felipe Tr & Firebush Lane Castle Top Dr & Firebush Lane Castle Top Dr & Esperanza Dr Castle Top Dr & Aqua Lane Sendera Ranch East, Phase 6 - sec la CFA code : 2003133 Date : November 13 , 2003 N o 0 0 -- w v o a 0 a V z �* mN m N O O.$$1 Q r w 0 a w J Q U N I Oa Aq0 a 3SnOH 'Oa 3Nfl kLNnOO JSVH OOH 451 nj o z a ds e z Lu OQ I w Q 1 U ° OR O ? 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