HomeMy WebLinkAboutContract 30816 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.30 �I
WHEREAS, FHP Partners, L.P., hereinafter called "Developer", desires to
make certain improvements to Fossil Park Estates Addition, Phase 2, 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 Land Development
Management Corporation and by Michael K. Love, 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:
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 H, 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 infrastruct e,_, 4 a_ ,
administered in conformance with paragraph 8, Section II, of t PIP
a7 ?,IiIG P�y
CFA FOSSIL PARK ESTATES PH 2 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 constriction, 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 iniuries, 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 constrict 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 constrict proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made ai�ereof: -
CFA FOSSIL PARK ESTATES PH 2 2
Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (B-
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, B1,
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 $475,221.00.
Item Developer j City Cost Total Cost
A. Construction
1. Streets $ 328,244.00 $ - $ 328,244.00
2. Storm Drainage $ 96,392.00 $ - $ 96,392.00
3. Street Lights $ 33,000.00 $ 33,000.00
4. Street Name Signs $ 600.00 $ 600.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE 4% $ 16,985.00 ( ) $ 16,985.00
TOTALS $ 475,221.00 $ - $ 475,221.00
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
The developer is responsible for installation of sidewalk. The street cost includes the
cost for 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. 71
CFA FOSSIL PARK ESTATES PH 2 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 ay of
, 200/.
Approval Recommended:
Transportation and Public Works
ATTEST: Department
fy�
Marty Hendrix es
City Secretary Robert Goode, P. E.
Director
::ortract 1!uthor zatioa City Of Fort Worth
Date
By: / — ,moo
Marc Ott
Assistant City Manager
Approved as to Form:
Assistant City Attorney
ATTEST: DEVELOPER
FHP Partners, L.P.
By: Land Development
Management Corporation
By:
ecret ichael K. Love, President
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CFA FOSSIL PARK ESTATES PH 2 4 �
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ENGINEER'S OPINION OF PROBABLE COST
Date: 01/07/2003 Project: Fossil Park Estates, Phase 2 Client: MHI
Job No: 10151 Location: City of Fort Worth Page: 1 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
On-Site Paving Facilities
1. 6" Concrete Pavement S.Y. 15,957 $17.25 $275,258.25
2. Lime Treated Subgrade S.Y. 19,084 $3.05 $353.80
3. Post Type Barricade 5,,r1„F 116 $45.00 $5,220.00
4. Concrete Header L.F. 116 $12.00 $1,392.00
5. Connect to Existing L.F. 58 $15.00 $870.00
6. Type "A" Rock Rip-Rap S.Y. 100 $50.00 $5,000.00
7. Sidewalk L.F. 99 $12.00 $11,928.00
10% Contingency $28,222.41
Paving Subtotal $328,244.46
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
ENGINEER'S OPINION OF PROBABLE COST
Date: 01/07/2003 Project: Fossil Park Estates, Phase 2 Client: MHI
Job No: 10151 Location: City of Fort Worth Page: 2 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
Residential Storm Drain Facilities
1. 21" R.C.P. L.F. 148 $37.00 $5,476.00
2. 24" R.C.P. L.F. 32 $45.00 $1,440.00
3. 27" R.C.P. L.F. 233 $49.00 $11,417.00
4. 30" R.C.P. L.F. 45 $54.00 $2,430.00
5. 36" R.C.P. L.F. 52 $70.00 $3,640.00
6. 42" R.C.P. L.F. 235 $85.00 $19,975.00
7. 42" Sloped End Headwall Ea. 1 $3,600.00 $3,600.00
8. 27" Sloped End Headwall Ea. 1 $2,700.00 $2,700.00
9. 15' Sump Inlet Ea. 2 $3,250.00 $6,500.00
10. 15' 0n-Grade Inlet Ea. 4 $3,250.00 $13,000.00
11. 6' x 6' Junction Box Ea. 1 $3,850.00 $3,850.00
12. 4' x 4' Square Manhole Ea. 1 $3,450.00 $3,450.00
13. 18" Thick Gabion Mattress S.Y. 18 $165.00 $2,970.00
14. 12" Thick Gabion Mattress S.Y. 11 $135.00 $1,485.00
15. Trench Safety L.F. 745 $1.50 $1,117.50
16. Temporary Channel L.F. 482 $9.50 $4,579.00
10% Contingency $8,762.95
Storm Drain Subtotal $96,392.45
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
I STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 6 EA $ 2, 000 $12, 000 . 00
MID-BLOCK RESIDENTIAL 9 EA $ 2, 000 $18, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 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 $30, 000.00
City' s Cost $00, 000 . 00
Developer' s Subtotal $30, 000 . 00
10% Contingencies $3, 000.00
Project Total $33, 000 .00
Adjacent Developer' s Cost $0, 000.00
Developer' s Cost $33, 000 . 00
2% Inspection Fee $0, 00.00
DEVELOPER'S COST: $33, 000. 00
FOSSIL PARK ESTATES, PHASE II
January 20, 2004
Fort Worth, Texas
April 28, 2004
PAGE 1 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 streetlights that use overhead or
underground conduits on residential, and collector streets. The
developer agrees to pay the City the amount shown below prior to the
City starting its 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 streetlights will
remain the property of, and will be maintained by the City of Fort
Worth.
DEVELOPER'S COST: $33,000.00
FOSSIL PARK ESTATES, PHASE II
FORT WORTH, TEXAS
January 20, 2004
Page 2 of Exhibit C
III.
"STREET LIGHTS"
INTERSECTIONS
CROWN OAKS DR & FOX HILL DR 1
CROWN OAKS DR & CASTLEWOOD DR 1
FOX HILL DR & BRAEWICK DR 1
FOX CRAFT DR & EMBER LN 1
BRAEWICK DR & EMBER LN 1
CASTLEWOOD DR & BRAEWICK DR 1
MID-BLOCK
CROWN OAKS DR 3
FOX CRAFT DR 4
BRAEWICK DR 2
FOSSIL PARK ESTATES, PHASE II
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 six (6) intersections at a
cost to the Developer of $600.00 :
Foxcraft Dr & Ember Lane
Braewick Dr & Ember Lane
Braewick Dr & Fox Hill Dr
Braewick Dr & Castlewood Dr
Crown Oaks Dr & Fox Hill Dr
Crown Oaks Dr & Castlewood Dr
Fossil Park Estates Phase 2 (blk 1 & 10-19)
CFA code : 2004005
t
Fort Worth, Texas
IV-1