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HomeMy WebLinkAboutContract 32318 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Mint Creek, Ltd., hereinafter called "Developer", desires to make certain improvements to Liberty Crossing, 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: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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 1I, 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. Liberty Crossing Phase II T-PW CFA 1 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. 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. Liberty Crossing Phase II T-PW CFA 2 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. M. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. 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, B1, 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 $945,408.92. Liberty Crossing Phase II T-PW CFA 3 SUMMARY OF COST Liberty Crossing Phase H Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $706,458.50 706,458.50 2. Storm Drainage $155,377.00 155,377.00 3. Street Lights $48,000.00 48,000.00 4. Street Name Signs $1,100.00 1,100.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 34,473.42 34,473.42 7945,408.92 $ TOTALS $ - 945,408.92 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 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. Liberty Crossing Phase II T-PW CFA 4 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, d said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the r P qday of, , 2005. Approval Recommended: Transportation and Public Works Department cs r Robert Goode, P. E. Director City rth NO M&C REQUIRED Marc Ott Assistant City Manager 1 ATTEST: 1 V (Aa Marty Hendrix City Secretary ApprovA as to Form: ()- DEVELOPER Assistant A orney Mint Creek LTD. BY: Mint Creek Development, LLC ATTEST: Its General Partner O'L'J. 41,-a/ -7-- Corporate Secretary Daniel W. H kins, Vice President RECEIVED Liberty Crossing Phase II T-PW CFA 5 ENGINEER'S OPINION OF PROBABLE COST Date: 4/22/05 Project: Liberty Crossing Client: Mint Creek, Ltd. Phase 2 Job No: 10085 Location: Fort Worth, Texas Page: 1 of 3 ITEM UNIT TOTAL No. DESCREPTION UNIT QUANTITY PRICE COST On-Site Paving Facilities 1. 6" Concrete Pavement S.Y. 26,408 $22.00 $580,976.00 2. 6" Subgrade S.Y. 28,170 $2.25 $63,382.50 3. Lime (27 lbs/sy) Ton 380 $105.00 $39,900.00 4. Barrier Free Ramps Ea. 16 $450.00 $7,200.00 5. Connect to Existing L.F. 58 $10.00 $580.00 6. 4' Concrete Sidewalk L.F. 1,030 $14.00 $14,420.00 Paving Total $706,458.50 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: 4/22/05 Project: Liberty Crossing Client: Mint Creek,Ltd. Phase 2 Job No: 10085 Location: Fort Worth, Texas Page: 2 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Storm Drain Facilities 1. 15'Depressed Curb Inlets Ea. 4 $3,200.00 $12,800.00 2. 10' Depressed Curb Inlets Ea. 5 $2,200.00 $11,000.00 3. 21" R.C.P. L.F. 157 $40.00 $6,280.00 4. 24" R.C.P. L.F. 782 $44.00 $34,408.00 5. 33" R.C.P. L.F. 30 $58.00 $1,740.00 6. 36" R.C.P. L.F. 581 $64.00 $37,184.00 7. 48" R.C.P. L.F. 290 $110.00 $31,900.00 8. 4' Storm Drain MH Ea. 2 $2,500.00 $5,000.00 9. 5' x 4' Storm Drain MH Ea. 1 $3,300.00 $3,300.00 10. 24" Sloped End Headwall Ea. 1 $2,300.00 $2,300.00 11. 36" Sloped End Headwall Ea. 1 $2,700.00 $2,700.00 12. 48" Sloped End Headwall Ea. 1 $3,000.00 $3,000.00 13. Class "A" Dry Rock Riprap S.Y. 55 $35.00 $1,925.00 14. Trench Safety L.F. 1,840 $1.00 $1,840.00 Storm Drain Total $155,377.00 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 LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 8 EA $ 2, 000 $16, 000 . 00 MID-BLOCK RESIDENTIAL 8 EA $ 2, 000 $16, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 6 EA $ 2, 000 $12, 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 $ 11500 $0, 000 . 00 Subtotal $44,000.00 City' s Cost $00,000 . 00 Developer' s Subtotal $44,000. 00 10% Contingency $4 ,000. 00 Project Total $48,000. 00 Adjacent Developer' s Cost $00,000. 00 Developer' s Cost $48,000 . 00 2% Inspection Fee $00,000 . 00 CFA CODE #2005075 DEVELOPER' S COST: $48,000 . 00 LIBERTY CROSSING, PHASE II Fort Worth, Texas June 20, 2005 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 its design efforts . 4 . Streetlights on arterial streets shall be installed with underground conduit and conductors. 5. 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: $48,000 .00 LIBERTY CROSSING, PHASE II June 17, 2005 FORT WORTH, TEXAS CFA CODE #2005075 Page II of Exhibit C III "STREETLIGHTS" INTERSECTIONS LIBERTY CROSSING DR & CATTLEMANS WAY 1 LIBERTY CROSSING DR & RICOCHET DR 1 SIDE SADDLE TRAIL & DROVERS LN 2 SIDE SADDLE TRAIL & STAMPEDE CT 1 CATTLEMANS WAY & RICOCHET DR 1 DROVERS LN & RICOCHET DR 1 DROVERS LN & BAREBACK LN 1 MID BLOCK CATTLEMAN'S WAY 1 SIDE SADDLE TRL 2 BAREBACK LN 2 RICOCHET DR 1 DROVERS LN 2 CHANGE OF DIRECTIONS CATTLEMANS WAY 2 SIDE SADDLE TRAIL 1 STAMPEDE CT 1 BAREBACK LN 1 RICOCHET DR 1 LIBERTY CROSSING, PHASE II 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 eleven (11) intersections at a cost to the Developer of $1,100.00: Heritage Trace Pkwy & Liberty Crossing Dr Heritage Trace Pkwy & Drovers Lane Ricochet Dr & Liberty Crossing Dr Cattlemans Way & Liberty Crossing Dr Cattlemans Way & Ricochet Dr Cattlemans Way & Bareback Lane Drovers Lane & Ricochet Dr Drovers Lane & Bareback Lane Drovers Lane & Side Saddle Tr Side Saddle Tr & Stampede Ct Side Saddle Tr & Drovers Lane Liberty Crossing, Phase II CFA code: 2005075 June 11 , 2005 Z w w x _ ¢ Q 1.Q O HICKSF S o Creek ' P OJE T o cr L A7 ON a a 3.w z io In o � a Y W a HARMON r o FORT Lo WORTH a FORWORTH CITY LIMIT SAGINAW CITY LIMIT Y - RAII v L� o c TY Cl-IOSSIN" ic\\, C 0 ]PPIRNASE 2 0N c M ''�� ��/�'vv pp 77�� T�7 CL LOCATEDIN Q N L CRTY OF FORT WOR H9 TEXAS a rn c O u r OW NM/DEV ]LOPED BY: PREPARED BY: Mint Creek, LTD. o 9441 LBJ FWY,SUITE 512 �OO®VITN I a DALLAS,TX 75243 h4ARSHALL Y i 'n (214)575-8102 CML ENGINEERS—PLANNERS-SURVEYORS m 24W Mug"136m.r"+a.+ne,rx 76051 0Metro(81 T)329437 O JJL!d V LLeq 2�L.'/y. 5 W N rLL N N '1Y O C ARL BICE c G — N iI m Y _ I N� o_a Y,� 33 i �o o �W cv ° Z ; 00Li 00 w W p a a O CL�► J ix Ita 9 NY7 ,Y AO N �F DRi 1� N� i(1 N m 7 O m N N M ~ CD IT yY O I N Y n O 7• a O in O q n o W a w j J AIL Z co SAD LE 0 N N N N 3 cc Y N N cliO LL 0 C 04 W w v sn J U e cn N z N = N a � C cc m3 � Q �A/d O 9N1SS03 (L?!i 9!7 ii _ O)O W J � I �r( 4.` ,Yi, •`fir \ �� 3 Q toOW N i \I N \ Z 3 N p} 0w ` Q O V ` Z �3 =z \ W OQ �O 1 N n a A 00 V d'd' LA O m .6 \ l\ N N M N � n n Y a - m 1 d N Lni Z � 0 1 N a J Q n� n T N ------------- M o 0 111 n a - I I W J It7 I U o 0 Z V lul = O —� �O I r NN7 ,YJil01: n pCNE� DRI V' lr l,7 to l 'y U — �, •1 1 10g�1p� In v ct L- o w CX N / 1 0 , l Iy Z J Z 0 0 In w LO 0 N LE 9j4A 1't ` r \ W N O d _ a a Sly SR i t o l t., m _\\� a X Q- w a �• N N N 'i I 1 _ . -yam'_ LO o U- o 0 0 0 o N m � 2 om W 1 LK^ a w ® m • 4 V a � Q v0i F§ z_ � V R z co '_-' t • N k 4 I k W G O+ d ' N ` O O •C� , ct � u N Q N \ N w L �- a 1 w w � W z o i J Z i Z J Z i iaz Q LO cr q (r ODO p p o 1 ' 0 o � o w o V) N � V7 .a A/tl0 .7N/SSO�l.� ,(,Lt1,a 9/7 Z p N O W cwi� z N -z W N e ! 1 J cr x a w d O 5 / J / m L i ca�u6\ r^r W -VO [� ✓' \ \ .'TR a 1 0 P o A m 0 p l �.. 1 r 1 _ V_ O o Al 1`ARAHNE�'� 0 CL I "`777 m Q L J d n v I _ I C m _ o N CD z -- W a w O _.. 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