HomeMy WebLinkAboutContract 37044COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract Noel /(�'/�p�
WHEREAS, Sol No. 3 Ltd., hereinafter called "Developer", desires to make
certain improvements to Sol Addition, an addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
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corporation of Tarrant, Denton and Wise Counties, Texas, hereinafter called City, to o
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 far the Installation of Community Facilities ("Policy")
dated March 2001, approved by the City Council of the City of Fort
Worth and subsequently amended, is hereby incorporated into this
Community Facilities Agreement as if copied 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. Developer acknowledges that there shall be no reduction in the amount
of financial security prior to project completion and acceptance by the
City.
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy.
Sol Addition -Drainage 1
CFA# 2007106
Dec. 212007
F. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the
Policy.
G. 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 GV of Fort Worth, its o&cers, servants, or employees
H. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
I. 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).
J. 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).
K. 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.
L. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to
Sol Addition -Drainage 2
CFA# 2007106
Dec. 21 2007
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construct current and future improvements provided for in this
agreement.
M. 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)Atfxch ct-
Storm Drain (B4) Attached, Street Lights and Signs (C)lhek
N. 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 Developers) 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
Exhibi&W 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 ExhibitsAlRI ,
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 $ 14,299.40
Sol Addition -Drainage 3
CFA# 2007106
Dec. 212007
SUMMARY OF
COST
S 97 Addition
Item
Developer
Cost
City Cost
Total Cost
A. Construction
$ -
1. Streets
$0.00
$ -
2. Storm Drainage
$13,490.00
13,490.00
3. Street Lights
$0.00
$ -
4. Street Name Signs
$0.00
$
B. Engineering Design
$
C. Construction Engineering
and Management by DOE
(4%)
$
539.60
$
539.60
D. Materials Testing by DOE
(2%)
$
269.80
$
269.80
TOTALS
141299A0
$ -
14,299.40
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. The City will pay additional inspection fee over 4%.
3. City not preparing plans and specifications.
4. Developer's column for Item D represents two percent (2%) of paving and storm drain
costs for materials testing.
Sol Addition -Drainage 4
CFA# 2007106
Dec, 212007
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in triplicate 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 Dev Loper has
executed this instrument in triplicate, at Fort Worth, Texas this the Lday of
2007.
Approval Recommended:
ATTEST:
I
/ i f�iGtl L�
�� Mart Hendrix
c City Secretary
ATTEST:
Corporate Secretary
Sol Addition -Drainage
CFA# 2007106
Dec. 212007
Transportation and Public Works
City of Fort Worth
.—Mar�6tt� , lip c
Assistant City Manager
DEVEL�I
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Vice -President
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EXHIBIT B-1
OPINION OF PROBABLE CONSTRUCTION COST
PROJECT: Drainage improvements to serve Lot 1, Block 1, SO 7 Addition
TNP JOB # GFF05334
ITEM
DESCRIPTION QTY.
I DRAINAGE IMPROVEMENTS 30
36" KUr 1 tH
4' S ware SD Manhole 1 EA
Cut & plucl Existincl 21" RCP 12 LF
Remove Existil icil 21 RCP 28 LF
Concrete Pavement Repair 12 LF
Concrete Curb Re air 1 EA
Lower Existin 10,, Water Line 30 LF
Trench Safe 1 LS
SWPPP Im lementation & Maintanence 1 LE
DATE: 1 y10/2007
!,500.00 $2,5
$500600 $5
$10.00 $1
$101'00 $2,8
$10.00 $1
3,000'00 $3,C
�1.00 9
E'
III STREETLIGHTS
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2,600 $00,000000
MID -BLOCK RESIDENTIAL 0 EA $ 2,600 $00,000000
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,600 $00,000200
MID -BLOCK COLLECTOR 0 EA $ 2,600 $00,000.00
MID -BLOCK ARTERIAL 0 EA $ 3,200 $00,000000
MID -BLOCK ARTERIAL MEDIAN 0 EA $ 3,200 $00,000.00
RELOCATE EXISTING LIGHT
0 EA $ 1,650 �uu,uuu.
Subtotal $00,000.00
City's Cost $00,000.00
Developer's Subtotal $00,000.00
4% Inspection fee
Project Total
Adjacent Developer's Cost
Developer's Cost
DEVELOPERS COST: $0.00 (streetlights are existing)
CFA CODE # 2007106
S07 Addition
Fort Worth, Texas
PAGE 1 OF EXHIBIT "C"
November 26, 2007
$0,000.00
$00,000.00
$00.000.00
$0,000.00
1. The Developer shall provide for the installation of streetlights at the approximate locations
shown in exhibit tic
", 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 singoverhead or
and Public
underground conductors with the approval of the director of transportation
Works.
3. The City of Fort Worth will install all the streetlights that use overhead or underground
conductors on residential, and collector streets. The developer agrees to pay the City of
Fort Worth the amount shown below prior to the City starting its design efforts, at the option
of the developer and at their expense they may purchase the poles, fixtures, and mast
arms
from the City in or to assure compliance with city material standards
...............__.
4. hts on arterial streets shall be installed with underground conducto
Street ligrs
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 operations of the street light system
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.
DEVELOPERS COST: $0.00 (streetlights are existing)
November 26, 2007
CFA CODE # 2007106
S07 Addition
PAGE 2 OF EXHIBIT "C"
LOCATI
CFA C®DE # 2007106
S07 Addition
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 $245.00 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 deve opmen crea es e o owing zero m ersec ions a a
to the Developer of $0.00:
(No new intersections)
S07 Addition
CFA code: 2001106 November 21, 2007