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HomeMy WebLinkAboutContract 37475COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. S ON WHEREAS, Comerica, hereinafter called "Developer", desires to make certain improvements to Lot 8, Block 4 of Cityview, 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 theLd Policy. Project Name — Comerica Bank � QFFiCIAL REC�RD CFA Number — 2008-049 CITY SECRETARY Date: July 15, 2008 �? FT WORTH, TX 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 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, 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 Project Name — Comerica Bank 2 CFA Number — 2008-049 Date: July 15, 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 (A-1) None; Paving (B)Attached Storm Drain (134) 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 Exhibits B and B 1 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 and B 1. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 14,161.60 Project Name — Comerica Bank 3 CFA Number — 2008-049 Date: July 15, 2008 SUMMARY OF COST Project Name Comerica Bank (Bryant Irvin &Overton Ridge) CFA 2008-049 DOE 6011 Item Developer Cost City Cost Total Cost A. Construction 1. Streets $ - 2. Storm Drainage $ 13,360.00 $ 13,360.00 3. Street Lights Inspection 4. Street Name Signs 5. Power Cost B. Engineering Design C. Construction Engineering and Management by DOE 4% $ 534.40 $ 534.40 D. Materials Testing by DOE 2% $ 267.20 $ 267.20 TOTALS $ 14,161060 $ - $ 147161.60 16, 700.00 Project Name —Comerica Bank t} CFA Number — 2008-049 Date: July 15, 2008 125% Financial Guarantee 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. Project Name — Comerica Bank $ CFA Number — 2008-049 Date: July 15, 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 theQ5�bay of 2008. Approval Recommended: ATTEST: Marty Hendrii; City Secretary Corporate Officer Sr. Vice -President Project Name — Comerica Bank CFA Number — 2008-049 Hate: Jniy 1s, 2ooa 0 Transportation and Public Works Department City of Fort Fernando Costa i Assistant City Manager DEVELOPER Q�i✓ICIAL RECORD' CITY SECRETARY �T. WORTH, TX LOCATION MAP COUNCIL DIST,� _ MAPSCO: 88-L,Q N.T.S. 06/10/2008 GSA ��`�"(��k'� � Irnil � n n1r,S2g COMERICA BRYANT IRVIN & OVERTON RIDGE IGmley-Horn and Associates, Inc. r�. Nu. en rio-isoo Far Na B72 238-3820 :: • LOT 8, BLOCK 4 c. Il n \ /l ii ii AN ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS BEING 0.891 ACRE OF LAND OUT OF THE JOHN HEATH SURVEY ABSTRACT NO, 641 TARRANT COUNTRY, TEXAS 06/10/2008 DECEMBER 198'7 COMERICA BRYANT IRVIN & OVERTON RIDGE ra 72700 Pork Ctrol Drhe, Suits 1800 Ddlos, Texos 7W51 m Kimley-Horn and Associates, Inc. Tel. No. 972 770-1300 Fox No. 972 239-3820 CONTRACTOR TO VERIFY EXACT ELEVATION OF EXISTING WATER & SANITARY SEWER PRIOR TO THE INSTALLATION OF THE PROPOSED STORM SEWER LINE DEHOLE WATER & SANITARY SEWER LINE PRIOR TO CONSTRUCTION OVERTON RIDGE BOULEVARD STA 21+39.84 OVERTON EXISTING 16" WATER __._..__ 1.-___._R►oGE BouLEvgRa ,PUBLIC IMPROVEMENTS, ___-CITY FILE NO: F-2999299 OFFSET' 25.84' f21GH f `�+ PROPOSED CITY OF FORT WORTH - CONSTRUCTION LIMITS PAVEMENT SECTION TO MATCH STA 21+59.84 OVERTON EXISTING PAVEMENT SECTION. RIDGE BOULEVARD REINFORCE PAVMENT PER STD, OFFSET 25.88' RIGHT DETAILS ON SHEET C10, ALSO REFER TO TRENCH REPAIR SAWCUT, REMOVE & REPLACE EXISTING PAVEMENT PER CITY OF ,DETAIL THIS SHEETS FORT WORTH STDS. CONNECT STA 21+49.84 OVERTON PROPOSED PAVING TO EXISTING RIDGE BOULEVARD USING STD, CITY OF FORT WORTH OFFSET 31.24' RIGHT ' ' TRANSVERSE CONSTRUCTION STA 21+39.84 OVERTON BUTT JOINT. REFERENCE SHEET RIDGE BOULEVARD C-10 FOR DETAIL. -- —_= OFFSET 59.05' RIGHT ' lvhv= -- 4 o t iyt EXISTING 8" WATER tt fj -...._ 9 0 / 02" E __.. u # — r-_(IY F1LEJ0; G-772 �0457 PROPOSED 4.0' �j; k� STA A 21+59.84 OVERTON SIDEWALK &1RIDGE BOULEVARD BARRIER FREE RAMP= - FFSET 49.64' RIGHT --� _ T I I I I I EXHIBIT "B" I PAVING (INCLUDING SIDEWALKS) GRAPHIC SCALE v` f c 1N FEW .J 1 ineb = 20 ft 06/10/2008 COMERICA BRYANT IRVIN & OVERTON RIDGE 12700 Fork Control Met, SUN. 1800 Ddlo., Texas 75251 IGmley-Horn and Associates, Inc. Td, No.(972) 770-1300 Fox No, 972)259-3520 CONTRACTOR TO VERIFY EXACT ELEVATION OF EXISTING WATER & SANITARY SEWER PRIOR TO THE INSTALLATION OF THE PROPOSED STORM SEWER LINE DEHOLE WATER & SANITARY SEWER LINE PRIOR TO CONSTRUCTION STA 21+49.82 OVERTON PUBLIC IMPROVEMENTS RIDGE BOULEVARD CONSTRUCTION LIMITS OFFSET 31.25' RIGHT ® STA 0+00 LINE "A CONNECT TO EX. 30" 21+00_.__�_ INSTALL 5' MH RIM FL 21" = 712.00 — EX FL 30" = ±711.62 EXISTING 16" WATER HGL = ±714.05 CITY FILE NO: F-299 9299 -- - - >: - -- :.. - - ---- -- . HGL = ±713.56 --.�__.------- WATER CROSSING CONTRACTOR TO VERIFY STA 0+33 LINE]"A EXISTING 30" STORM LOCATION OF EXISTING L STA 0+00 LINEINSTALL:SEWER @ 4.40% LINE AND NOTIFY 21" x21"60°WCITY FILE NO: W-347 ENGINEER OFANY ——FL 21" = 712.6Q5 = 62.0 CFS CONFLICTS IMMEDIATELY. rI IF PARTIAL FLOW EXISTING 30" STORM I o � U CITY FILE NO: W-347 U o M Q5 = 60.7 CFS n1 PARTIAL FLOW STA 21+49,82 OVERTON J N ' RIDGE BOULEVARD =Xi�i 1I�1f� R t7rF1SfiFR_.. _ - CITY FILE NO: G-772 1 OFFSET 60.00' RIGHT PRIVATE GRAPHIC SCALE 5 I inch nch = 20 it 06/10/2008 EXHIBIT "B1" STORM DRAINAGE STA 0+36 LINE "A" PIPE SIZE CHANGE FL 12" = 713.47 FL21"=712.72 SAN. SWR. CROSSING CONTRACTOR TO VERIFY LOCATION OF EXISTING LII` AND NOTIFY ENGINEER OF ANY CONFLICTS COMERICA BRYANT IRVIN & OVERTON RIDGE _ _ V IGmley-Horn and Associates, Inc. 12700 Perk Gntra Oriw, Sox. 1800 Ta. No. (972) 770-1300 Ddlos, Two. 75251 Fox No. (972) 239-3820 6/9/2008 COST ESTIMATE FOR STORM SEWER IMPROVEMENTS Turner Construction 214721-8400 Fax: 214-7214490 Public Utilities = Comerica, Overton Ridge at Bryant Irvin ITEM DESCRIPTION OTY T1NIT I 2 3 4 5 PAGE 1 OF 1 TOTAL 21" RCP Class III 30 LF $45.00 $I3350.00 5' Dia. Manhole 1 EA $3,900.00 $3,900.00 Sawcut 120 LF $3900 $360.00 Remove Paving 22 CY $25A $550*00 Replace Paving 900 SF $8900 $7,200600 COSTS FOR PUBLIC STORM IMPROVEMENT TOTAL :W9360o00 Bill Davis (817) 424 4373 Estimator