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HomeMy WebLinkAboutContract 32258 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, SRJ RIDGEHAVEN PARTNERS, LTD., hereinafter called "Developer", desires to make certain improvements to PANTHER HEIGHTS(the third phase), 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 STEVE HAWKINS, its duly authorized MANAGING 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. 1L. Ilk All CFA REVISED FORMAT WITH 4%[1] 1 5 �. i 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 s hall i nstall o r a djust a 11 o f t he r equired u tilities t o s erve t he 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 t o p rovide, a t i is e xpense, a 11 n ecessary r ights o f w ay 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%[1] 2 r ..Jl� .,•.1:1 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, BI, 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 S 454,592.00. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $366,603.00 $ 366,603.00 2. Storm Drainage $27,620.00 $ 27,620.00 3. Street Lights $44,000.00 $ 44,000.00 4. Street Name Signs $600.00 $ 600.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 15,769.00 Is 15,769.00 TOTALS $ 454,592.00 $ - $ 454,592.00 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: • Summer Creek Road - $114,253 • Stuart Feltz Road - $54,933 Panther Heights Phase 3-CFA REVISED FCRMAT WITH 4% 11 12 04 rvsd 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, aiI said Developer has executed this instrument in triplicate, at Fort Worth,Texas this the Q day of 7200/5 Approval Recommended: Transportation and Public Works Department NO M&C REQUIRED Robert Goode, P. E. Director ATTEST: City Of Fort W h I Y \ By: fit- }� �6�xu Marc Ott City Secretary Assistant City Manager Appr e as to Form sistant ty Xttorney ATTEST: DEVELOPE SRJ EN PARTNERS, LTD. B y. Corporate Secretary HAWKINS M AGING PARTNER CFA REVISED FORMAT WITH 4%[I] 4 PANTHER HEIGHTS (PHASE 3) FORT WORTH,TEXAS EXHIBIT "B" STREETS 1. LIME STABILIZATION 20,623 SY X $2.50/SY =$51,558.00 2. LIME 340 TONS X $100/TON = 34,000.00 3. 2"HMAC 18,026 SY X $5.00/SY = 90,130.00 4. 6"FLEX BASE 19,530 SY X $5.50/SY =107,415.00 5. ADJUST WATER VALVE 10 EA X $50.00/EA = 500.00 6. BARRICADES 4 EA X $500.00/EA = 2,000.00 7. EROSION PROTECTION LS X $3000.00/LS = 3,000.00 8. TESTING LS X $1000.00/LS = 1,000.00 9. SIDEWALKS 31,600 SF X $2.50/SF = 79,000.00* TOTAL STREETS =$366,603.00 * SIDEWALKS TO BE GUARANTEED BY SEPARATE FINANCIAL GUARANTEE. LOCATION OF SIDEWALKS TO BE DETERMINED BY THE CITY OF FORT WORTH AT A LATER DATE. CIE �IIC2123/Afftr y , PANTHER HEIGHTS (PHASE 3) FORT WORTH, TEXAS EXHIBIT `B-1" DRAINAGE 1. 24"RCP CULVERT 370 LF X $36.00/LF =$13,320.00 2. CONC. SINGLE HDWL. 2 EA X $800.00/EA = 1,600.00 3. CONC. DOUBLE HDWL. 2 EA X $1200.00/EA = 2,400.00 4. CONC. DBLE. SAFETY END 2 EA X $1200.00/EA = 2,400.00 5. CONC. SINGLE SAFETY END 6 EA X $900/EA = 5,400.00 6. DITCH EXCAVATION 1000 CY X $2.50/CY = 2,500.00 TOTAL DRAINAGE =$27,620.00 PANTHER HEIGHTS ADDITION APRIL 23,2004 (PHASE 3) FORT WORTH, TEXAS PRO RATA CHARGE FOR FUTURE 1/2 OF 110' WIDE BOULEVARD KNOWN AS WEST CLEBURN ROAD. ROADWAY IS SITUATED EAST OF PROPOSED PANTHER HEIGHTS(PHASE 3) 1. LIME STABILIZED SUBGRADE 4,300 SY X $1.95/SY=$8,775.00 2. LIME 74 TONS X $95/TN = 7,030.00 3. 7" CONCRETE PAVING 3,300 SY X $21/SY =69,300.00 4. 7" ATTACHED CURB 2,300 LF X $1/LF = 2,300.00 5. SIDEWALKS 4,492 SF X $2.50/SF =11,230.00 TOTAL PAVING FOR 1/2 OF WEST CLEBURN ROAD =$98,635.00 -------------------------------------------------------- PRO RATA CHARGE FOR FUTURE 1/2 OF 1/2 OF LOCAL STREET STREET KNOWN AS STUART FELTZ ROAD. ROADWAY IS SITUATED WEST OF PROPOSED PANTHER HEIGHTS(PHASE 3) 1. LIME STABILIZED SUBGRADE 3,466 SY X $1.95/SY =$6,759.00 2. LIME 57 TONS X $95/TN = 5,415.00 3. 6" CONCRETE PAVING 3,351 SY X$20/SY =67,020.00 4. 7" ATTACHED CURB 8,320 LF X $1/LF = 2,080.00 5. SIDEWALKS 8,320 SF X $2.50/SF =20,800.00 TOTAL PAVING FOR STUART FELTZ ROAD =$102,074.00 TOTAL PAVING COST FOR 1/2 OF 1/2 (OR 1/4) OF STUART FELTZ ROAD =$25,519.00 ------ --------------------------------------------------- ESCROW FUNDS FOR: 1/2 BOULEVARD KNOWN AS WEST CLEBURN ROAD 1/4 LOCAL STREET KNOWN AS STUART FELTZ ROAD TOTAL ESCROW FUNDS OF ABOVE STREETS $1241)154.00 :5 III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 6 EA $ 2, 000 $12, 000 . 00 MID-BLOCK RESIDENTIAL 13 EA $ 2, 000 $26, 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 $40, 000.00 City' s Cost $00, 000 . 00 Developer's Subtotal $40, 000. 00 10% Contingencies $4, 000 .00 Project Total $44, 000 .00 Adjacent Developer' s Cost $0, 000. 00 Developer's Cost $44, 000 .00 2% Inspection Fee $0, 00 .00 DEVELOPER' S COST: $44, 000. 00 (REVISED 4-22-04) PANTHER HEIGHTS, PHASE III March 15, 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 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 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: $44,000.00 PANTHER HEIGHTS, PHASE III March 15, 2004 FORT WORTH, TEXAS Page 2 of Exhibit C !: � gg "STREET LIGHTS" INTERSECTIONS SUMMER CREEK RD & POSADA DR 1 SUMMER CREEK RD & FOGATA DR 1 STUART FELIX RD & FOGATA DR 1 CAVANNA DR & FOGATA DR 1 CAVANNA DR & POSADA DR 1 FOGOTA DR & POSADA DR 1 MID - BLOCK POSADA DR 7 FOGATA DR 6 CHANGE OF DIRECTIONS POSADA DR 1 PANTHER HEIGHTS, PHASE III Page 3 of Exhibit C r 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 six (6) intersections at a cost to the Developer of $600 . 00 : Stewart-Feltz Rd & (Street "B" ) Rancho Viejo Way & (Street "A" ) Rancho Viejo Way & (Street "B") (Street "B") & (Street "A") (Street "C") & (Street "A") (Street "C" ) & (Street "B") Panther Hieghts Addn. Ph. 3 CFA code: 2004021 Date : March 5, 2004 1'. FROM F P GREENHAW III INC PHONE NO. 1 817 335 7655 MAR. 05 2004 02:41PM P4 •"of A CONTINUED ON MAY 102 A 1 6 6< i nw # :r 10 N r s ra.� ME 77 1 ico EDU w 57 FORT WORTH .A 1 A •,.•.fir,'' / /}1,� S, `• .__._ l;. �YX� 1. i LONGH004 TRM 'R:tiX'. '•,'.. f` F; i_ �,_.v.. WRUAMSGN Y' L '. 36 to. X�-.r,', COUNTY .`¢..ti.�,,{: Y L-70 JS . 39 TAR 3ANUA Ty UN CH n �VIV fit. 32 HOMMOFMAL lip' SCAa.e IN AMPS Ep -SCA�l�INFEET, .,f✓.-: n v. u x •/, •{�(({r. .1000-_ ,G000• /* R.0.�.oe . 19q'5-1-1,lb'e --7.all. 0- ?AT, L/ ,A fc LL Aw 51 4 \1 1 O?A F PANTHER HEIGHTS (PHASE 3) FORT WORTH, TEXAS EXHIBIT "B" STREETS -14 'lot : 41 O 41 0.a to PANTHER HEIGHTS (PHASE 3) FORT WORTH, TEXAS EXHIBIT "B-1" DRAINAGE ky It 16'E i,66\ 57 All, it AA lh Z /* Is 7mII WEST CLEBURN ROAD EXHIBIT FOR ROADWAY ESCROW FOR PANTHER HEIGHTS (PHASE 3) 4 67 ne" -=- IC.I —•: --- - -- , lo-� I '��ZLc - -- ----a ---;— --.-\- —.�— �rtbi �'J!M j f � . 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