The URL can be used to link to this page

Home My WebLink AboutContract 32009 P , COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.EQLC—q WHEREAS, Duvestco, Inc., hereinafter called "Developer", desires to make certain improvements to Lowery Oaks, 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 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 11, of the Policy. F. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the Cit ,its.-e i , CFA LOWERY OAKS 1 :;'1 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 alleked ne-lij-ence 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). 1. 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: Water (A) None; Sewer(A-1) None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. CFA LOWERY OAKS 2 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, Bl, 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, B1, and C. The estimated total cost of current improvements and related support seryices specified in this agreement, including design, construction and inspection is estimated to $321,375. 0. Item Developer City Cost Total Cost A. Construction 1. Streets $ 133?03.33 $ - $ 133 863.35 2. Storm Drainage $ 1&�52(-Za $ - $ 7 5Z I• -20 1 3. Street Lights $ 13 Zob-dd $ - $ 13209.0 4. Street Name Signs $ 1,00.00 $ - $ , ow.b B. Engineering Design $ - $ - $ - C. Construction Engineering and Management by DOE4- $ t2, 591.38 $ 259/. 38 TOTALS $ 32 375 5'0 $ - $ 39 I 3 45.4' 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. 4. Future improvements for Lowery Road to be determined. 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, CFA LOWERY OAKS 3 attested by its City Secretary, with the corporate seal of the City affixed, no said Developer h executed this instrument in triplicate, at Fort Worth, Texas this the. day of �� , 200 Approval Recommended: Transportation and Public Works Department 6 , t��5 I)e— NO AI$�C REQUIRED Robert Goode, P. E. Director City f Fo Wo are tt J Assistant City Manager Approv as to Fo4Attom" e� - Assis Ci ATTEST: DEVELOPER Duvestco, Inc. B Corporate Secretary T. DavidSkinner, Presi CFA LOWERY OAKS 4 LOWERY OAKS EXHIBIT "B" STREET IMPROVEMENTS PAY APPROXIMATE DESCRIPTION BODF ITEMS WITH UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION B - STREETS 1. 4635 S.Y. 6" Lime Stabilized Subgrade $2.00 $9,270.00 2. 69.53 TON Lime for Subgrade $95.00 $6,605.35 3. 4344 S_Y. 6" Reinforced Concrete Pavement $22.50 $97,740.00 4. 400 L. F. Sidewalk $14.00 $5,600.00 5. 58 L. F. Concrete Header $6.00 $348.00 6. 58 L.F. Barricade $50.00 $2,900.00 7. 1 L.S. Testing $6,000.00 $6,000.00 8. 2 Ea. Adjust Manholes $350.00 $700.00 9. 4 Ea. Adjust Gate Valves $300.00 $1,200.00 10. 1 L.S. Traffic Control $2,500.00 $2,500.00 11 . 1 C.Y. Storm Water Management $1,000.00 $1,000.00 SUBTOTAL SECTION B - STREET SYSTEM $133,863.35 PAY APPROXIMATE DESCRIPTION BODF ITEMS WITH UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION C-1 - SIDEWALK BY BUILDERS 1 1 1190 L.F. 4' Sidewalk $14.00 $16,660.00 SUBTOTAL SECTION C -1 $16,660.00 LOWERY OAKS PERIMETER STREET LOWERY ROAD PAY APPROXIMATE DESCRIPTIONBODF ITEMS WITH UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION B - STREETS 1. 1875 S.Y. 6" Lime Stabilized Subgrade $2.00 $3,750.00 2. 28.13 TON Lime for Subgrade $95.00 $2,672.35 3. 1810 S.Y. 6" Reinforced Concrete Pavement $22.50 $40,725.00 4. 524 L. F. Sidewalk $14.00 $7,336.00 SUBTOTAL SECTION B - STREET SYSTE $54,483.35 EXHIBIT "B-1" STORM DRAIN IMPROVEMENTS PAY APPROXIMATE DESCRIPTIO B DF ITEMS WITH UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION B -1 STORM DRAIN 1. 103 L.F. 24" Class III R.C. Pipe $44.00 $4,532.00 2. 356 L.F. 30" Class III R.C. Pipe $52.00 $18,512.00 3. 55 L.F. 33" Class III R.C. Pipe $58.00 $3,190.00 4. 8 L.F. 36" Class III R.C. Pipe $64.00 $512.00 5. 935 L.F. 39" Class III R.C. Pipe $52.00 $48,620.00 6. 117 L.F. 42" Class III R.C. Pipe $52.00 $6,084.00 7. 112 L.F. 48" Class III R.C. Pipe $110.00 $12,320.00 8. 69 L.F. Box Culvert $300.00 $20,700.00 9. 14 Ea. Inlets Manholes & Headwalls $2,750.00 $38,500.00 10. 140 S.Y. Rock on Filter Fabric $60.00 $8,400.00 11. 1752 L.F. Trench Safety System $0.60 $1,051.20 12. 1 L.S. Trench Compaction Test $5,000.00 $5,000.00 13. 1 L.S. Storm Water Management $100.00 $100.00 SUBTOTAL SECTION B -1 STORM DRAIN SYSTEM $167,521.20 III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 2 EA $ 2, 000 $4, 000 . 00 MID-BLOCK RESIDENTIAL 2 EA $ 2 , 000 $4, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $4, 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 $12, 000. 00 City' s Cost $00, 000 . 00 Developer' s Subtotal $12, 000. 00 10% Contingencies $1,200. 00 Project Total $13,200. 00 Adjacent Developer's Cost $0, 000. 00 Developer' s Cost $13,200.00 2% Inspection Fee $0, 00 . 00 DEVELOPER'S COST: $13,200. 00 (Revised 4-22-04) LOWERY OAKS March 29, 2004 Fort Worth, Texas April 22, 2004 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 City will install all 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 . 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 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: $13,200.00 LOWERY OAKS March 29, 2004 FORT WORTH, TEXAS Page 2 of Exhibit C "STREET LIGHTS" INTERSECTIONS LOWERY OAKS TRAIL & LOWERY RD 1 CROSS RIDGE CIR & LOWERY RD 1 MID-BLOCK LOWERY OAKS TRAIL 1 CROSS RIDGE CIR 1 CHANGE OF DIRECTIONS LOWERY OAKS TRAIL 1 CROSSRIDGE CIR 1 LOWERY OAKS Page 3 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. This development creates the following two (2) intersections at a cost to the Developer of $200 .00 : Lowery Rd & Lowery Oaks Tr Lowery Rd & Cross Ridge Ct Lowery Oaks CFA code : 2004031 Date : March 30, 2004 J F- U � TRrN�Ty ILL TRICE LOWERY rKUBAN 0 E WEST � T-WORTH - DAL RNPIKE EXHIBIT B PAVING LOWERY OAKS I _ I N N I I � I IU � II co a E� I� m Ic� m I m I �I N "l I , I EXHIBIT B-1 STORM DRAIN LOWERY OAKS I N N O O! IH �� m F--q N .— Y cU el to n U n I 1-4 r I n m I I cq 39—JR-C-P-� vy- N - - 17 O 1 11 N V I I _ 0 6'x4 VERT CITY IPATION I 1 EXHIBIT B-2 PAVING PERIMETER LOWERY OAKS + I ehr c --- — — — I'—' Nco E— I I +� G IF---4 I min IQ; N Z m U� I� m I fa Ip[ I0 IZ4 —T CD n IU + I do 1 I I I I I — — a I I I 1/2 - 36' STREET LOWERY ROAD EXHIBIT B-3 SIDEWALK LOWERY OAKS SIDEWALK BY DEVELOPE SH WN IN ONSITE PAVING COST I I I N N Oe IU I co wl 1 Imo, Q, 1 10 OD I ^ �I Go N —4Y �I �� ^ Y m I ID m I U C� n wll la co AI � I ob PIC v l � r I , LOWERY ROAD SIDEWfILK 13Y D VE OPE (SHOWN I PE IME ER TRE T COS,n, I EXHIBIT C STREET LIGHTS LOWERY OAKS I I I I C4 a I a - - - - - I~ alcc IU a co m E- I I I� c I� co n I IGY n I N I� I IU n I la n 4-- go I I � I I - - a C a I I - - - - -� L-- — — — — — — — — — — — — - - -I 0 I li