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HomeMy WebLinkAboutContract 31559 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary ]j COUNTY OF TARRANT § Contract No., ff" WHEREAS, Parliament Ventures, Ltd., hereinafter called "Developer", desires to make certain improvements to The Bluffs Phase I, 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: "'ILE W6 lot-,,'�-#Jl That said Developer, acting herein by and throughJ4tfSkwllSo , , its P�ep,lllL duly authorized GCntrC.l Parfrirr� , 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 P lic yrs}dal CFA REVISED FORMAT WITH 4%.doc 1 00134010 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. 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 0131 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, 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, 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 $ 362,612.31. Item Developer City Cost Total Cost Cost A. Construction 1. Streets 255,079.68 255,079.68 2. Storm Drainage 69,836.00 69,836.00 3. Street Lights 24,200.00 24,200.00 4. Street Name Signs 500.00 500.00 B. Engineering Design 0.00 0.00 C. Construction Engineering and Management by DOE 4% 12,996.63 12,996.63 TOTALS 362,612.31 362,612.31 Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. Sidewalk cost is included under street cost. The developer is responsible for installation of 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. Developer escrowed $59,544.77 for Cooks Lane. CFA REVISED FORMAT WITH 4% 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, apd said Develo er has executed this instrument in triplicate, at Fort Worth,Texas this the 11 day oro' Lb , 20QXS Approval Recommended: Attested By: Transportation and Public Works n Department hi:2rty Hendr' City Secretary Robert Goode, P. E. Director City Of Fort W h Ei M&C REQUIRED By: Marc tt Assi tant City Manager Approved to Form: Ass tant t rney PARLIAMENT VENTURES, LTD. ATTEST: DEVELOPER 1 By: PCtlrlalgnt C p, Inc . Corporate Secretary I70-rlAMMf L"fDup,lnc i' -- Priam : Jurne.s fC.1NiU�, Ill Tit e: VlCe PRe51MW CITY S r CFA REVISED FORMAT WITH 4%.doc 4 013134010 • c 0 U m z n � h N W � C s � O L) V USN- r W a L- J � r � y 0 Z Z. 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J — V)W EL F- V) O Q V) W O. V) V N -F F - V) a �. F-V)V) F- F- V) CL V) — xoz cc x o RECEIVED APR 0 745 9-004 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION C - STORM DRAIN SYSTEM 440 1. 139 L.F. 36" Class III R.C. Pipe Including 402 Trench Excavation and Backfill, complete in place for the sum of Seventy Dollars & No Cents per Linear Foot $ 70.00 9,730.00 440 2. 426 L.F. 30" Class III R.C. Pipe Including 402 Trench Excavation and Backfill, complete in place for the sum of Sixty Dollars & No Cents per Linear Foot $ 60.00 25,560.00 440 3. 136 L.F. 24" Class III R.C. Pipe, including 402 trench excavation and backfill, complete in place for the sum of Forty-five Dollars & No Cents per Linear Foot $ 45.00 6,120.00 . 444 4. 4 Ea. 10' Standard Curb Inlet, complete in place for the sum of Two Thousand Two Hundred Fifty Dollars & No Cents per Each $ 2,250.00 9,000.00 01313401.00E P-9 a SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 410 5. 2 Ea. 4' Square Storm Drain Manhole, complete in place for the sum of Two Thousand Two Hundred Dollars & No Cents per Each $ 2,200.00 4,400.00 410 6. 1 Ea. 4' Drop Inlet, complete in place for the sum of Two Thousand Dollars & No Cents per Each $ 2,000.00 2,000.00 410 7. 89 S.Y. Rock Rubble Rip Rap Forty Dollars & No Cents per Square Yard $ 40.00 3,560.00 525 8. 701 L.F. Trench Safety One Dollar & No Cents per Linear Foot $ 1.00 701.00 9. 1 L.S. Remove and Dispose Existing 39" Headwall Eight Hundred Dollars & No Cents per Lump Sum $ 800.00 800.00 01313401.00E P-10 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 410 10. 2 EA. 24" 6:1 Sloping Headwall, complete in place for the sum of One Thousand One Hundred Fifty Dollars & No Cents per Each $ 1,150.00 21300.00 11. 1 L.S. Storm Water Management Five Hundred Dollars & No Cents per Lump Sum $ 500.00 500.00 12. 1 L.S. Payment, Performance & Maintenance Bond Five Thousand One Hundred Sixty-five Dollars & No Cents per Lump Sum $ 5,165.00 5,165.00 SECTION C - - - STORM DRAIN SYSTEM: $69,836.00 r 01313401.00E.doc P-11 UNIT AMOUNT SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID PRICE ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS BID SECTION D - STREET IMPROVEMENTS 1. 11,040 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of One Dollar & Thirty-five Cents per Square Yard $ 1.35 14,904.00 212 2. 166 Tons Lime for Subgrade (30#/S.Y.)' complete in place for the sum of Eighty-eight Dollar & No Cents per Ton $ 88.00 14,608.00 314 3. 10,402 S.Y. 6" Reinforced Concrete Pavement (Includes Joint Sealer, and 7" STD Attached Concrete Curb), complete in place for the sum of Eighteen Dollar & Eighty-four Cents per Square Yard $ 18.84 195,973.68 4. 250 S.Y. Temporary Pavement per Details in Plans, complete in place for the sum of Eighteen Dollar & Eighty-four Cents per Square Yard $ 18.84 4,710.00 01313401.00E P-12 UNIT AMOUNT SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID PRICE ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS BID 5. 644 S.Y. Remove & Dispose Existing Asphalt, for the sum of Six Dollar & No Cents per Square Yard $ 6.00 3,864.00 6. 6 EA. Wheelchair Ramps, complete in place for the sum of Six Hundred Dollar & No Cents per Each $ 600.00 3,600.00 7. —66 L.F. Install Standard End of Road L56 Barricade, complete in place for the sum of Forty-five Dollar & 7,020.0D No Cents per Linear Foot $ 45.00 2,529.60 8. 260 L.F. Super Imposed Curb, complete in place for the sum of i Fifteen Dollar & No Cents per Linear Foot $ 15.00 3,900.00 9. 1 L.S. Performance and Payment Bond Four Thousand i Five Hundred Dollar & No Cents per Lump Sum $ 4,500.00 4,500.00 01313401.00E P-13 UNIT AMOUNT SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID PRICE ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS BID 10. 1 L.S. Storm Water Management Two Thousand Dollar & No Cents per Lump Sum $ 2,000.00 2,000.00 SECTION D - - - TOTAL STREET IMPROVEMENTS --- $250,579.68 SUMMARY Section A Water System $ 98,092.00 Section B Sanitary Sewer System $ 97.902.00 Section C Storm Drain System $ 69,836.00 Section D Street Improvements $ 260,67 67 CQ 2-51675.68 Section E Street Lighting $ Toto-! Amount of Bid $ _O9 o5.6 8 I 01313401.00E P-14 III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COSTTOT24, 200 . 00AL COST INTERSECTIONS 4 EA $ 2 , 000 $8, 000 . 00 MID-BLOCK RESIDENTIAL 5 EA $ 2, 000 $10, 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 $22, 000.00 City' s Cost $00, 000 .00 Developer' s Subtotal $22, 000.00 10% Contingencies $2, 200. 00 Project Total $24,200. 00 Adjacent Developer's Cost $0, 000. 00 Developer's Cost $24,200. 00 2% Inspection Fee $0, 00.00 DEVELOPER'S COST: $24,200 .00 (REVISED 4-22-04) THE BLUFFS, PHASE I January 5, 2004 Fort Worth, Texas April 22, 2004 PAGE 1 OF Exhibit C ti T C,r 1 a.•. 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 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 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: $ 24,200.00 THE BLUFFS, PHASE I FORT WORTH, TEXAS January 5, 2004 Page 2 of Exhibit C "STREET LIGHTS" INTERSECTIONS BIG SPRINGS DR & GARDENDALE DR 1 GARDENDALE DR & PLATEAU DR 1 MERRY VIEW LN & PLATEAU DR 1 PLAINVIEW LN & COOKS LN 1 MID- BLOCK BIG SPRINGS DR 1 GARDENDALE DR 2 PLATEAU DR 2 CHANGE OF DIRECTIONS PLAINVIEW LN 2 THE BLUFFS, PHASE I Page 3 of Exhibit C i 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 five (5) intersections (that require street name signs) at a cost to the Developer of $500.00 : Cooks Lane & Plainview Lane Plainview Lane & Plateau Dr Merry View Lane & Plateau Dr Gardendale Dr & Plateau Dr Gardendale Dr & Big Spring Dr The Bluffs Ph. 1 (blk 1, 2, 5-7) CFA code: 2003155 Date: January 2, 2004