HomeMy WebLinkAboutContract 37517COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. �Jc�
WHEREAS, LPC Trinity Parks LP, hereinafter called "Developer desires to
make certain improvements to Lot 2R, Blocic 4, Trinity Bluff Addition, 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, Denton and Wise 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 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
OFFICIAL RECURD Policy.
CITY SECRETARY
FT WORTH, TX
Trinity Bluffs, Lot 2R Blk 4 1
CFA 2008-035 / DOE 5945 / June 3, 2008
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 iniuries, death or
damazes are caused, in whole or in part, by the alleged neWimence of
the City of Fort Worth, its officers, 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, speccations
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
Trinity Bluffs, Lot 2R Blk 4 2
CFA 2008-035 /DOE 5945 /June 3, 2008
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 (A4) None; Paving (B) Attached,
Storm Drain (B4) Attached; Street Lights and Signs (C) None.
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
Exhibit B and B 1.
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 Exhibit B and
Bl. The estimated total cost of current improvements and related support
services specified in this agreement, including design, construction and
inspection is estimated to $ 156,269.180
Trinity Bluffs, Lot 2R Bllc 4 3
CFA 2008-035 /DOE 5945 /June 3, 2008
SUMMARY OF COST
Project Name Trinity Bluffs, Lot 2R Block 4
CFA 2008-035
DOE 5945
Item
Developer
Cost
City Cost
Total Cost
A. Construction
$ -
1. Streets
$64,913.95
$ 64,913.95
2. Storm Drainage
$82,509.80
$ 82,509080
3. Street Lights
$ -
4. Street Name Signs
$
B. Engineering Design
$
C. Construction Engineering
and Management by DOE 4%
$ 5,896.95
$ 53896995
D. Materials Testing by DOE 2%
$ 2,948.48
$ 2,948.48
TOTALS
$ 156,269.18
$ -
$ 1569269018
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.
Trinity Bluffs, Lot 2R Blk 4 4
CFA 2008-035 /DOE 5945 /June 3, 2008
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 Developer has
executed this instrument in triplicate, at Fort Worth, Texas this the44 day of S + .
120080
Approval Recommended:
ATTEST:
Marty tie�ttn�
City Secretary
Approved
ATTEST:
to Form:
Corporate Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Transportation and Public Works
City of Fort Worth
Fernando Costa
Assistant City Manager
i
LPC Trinity Parks LP
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CFA 2008-035 /DOE 5945 /June 3, 2008
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COST ESTIMATE - TRINITY BLUFF PARK
EXHIBIT B - PAVING
Item No, Description Quantity Unit Cost per Unit Item Cost
1 6" Lime Stabilized Subgrade 193 S.Y. $3.85 $743,05
2 Remove Existing Pavement 77 S.Y. $5.50 $423650
3 7" Concrete Pavement 133 S.Y. $37.80 $5,027.40
4 Enhanced Concrete Sidewalk 5449 S.F. $10.00 $54,490600
5 7" Concrete Curb 282 L.F. $15.00 $45230.00
Total Cost Paving: $64,913.95
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EXHIBIT B1 - STORM DRAINAGE
Item No. Description Quantity Unit Cost per Unit Item Cost
1 5' Storm Manhole 1 Ea. $21,000600 $211000.00
2 4' Storm Manhole 1 Ea. $2,500000 $2,500000
3 36" Class III RCP 171 L.F. $99.00 $163929.00
4 30" Class III RCP 346 L.F. $76.00 $26,296.00
5 24" Class III RCP 233 L.F. $59.00 $13,747.00
6 21" Class III RCP 32 L.F. $52.00 $1,664400
7 Remove & Replace Pavement 89 S.F. $4.20 $373280
Total Cost Storm Drainage: $82,509.80