HomeMy WebLinkAboutContract 37227 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.��
WHEREAS, Mercantile Partners, L.P., hereinafter called "Developer", desires to
make certain improvements to Northern Crossing West Addition Lot 13, Block 2
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.
The Developer shall award all contracts for the construction of
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1p;,j ��,'���� community facilities in accordance with Section II, paragraph 7 of the
Policy.
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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
damages are caused in whole or in part, by the alleged nezli ence 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.
1. 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).
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
NnrthPrn Crnccina WP.et Adrit'n 2
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(B-1)None; Street Lights and Signs(C)Attached.
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 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 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 Exhibit B 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 $ 61,372.40
NnrthPrn Crnccina WPet AArit'n 3
Project Name Northern Crossing West Addt'n
CFA 2008-038
DOE 5909
Ytem Developer City Cost Total Cost
Cost
A. Construction $ -
1 . Streets $ 55,540.00 $ 55,540.00
2. Storm Drainage
3. Street Lights 2,500.00 2,500.00
4. Street Name Signs
B. Engineering Design
C. Construction Engineering
and Management by DOE (4%) 2,221 .60 2,221 .60
D. Materials Testing by DOE $ $
(2%) 1,1 10.80 1 ,1 10.80
TOTALS 61 ,372.40 - $ 61 ,372.40
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.
NnrthPrn(rnccino,WPet Aeidt'n 4
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 the J 4 "l day of 6aw .
, 2008.
Approval Recommended:
Transportation and Public Works
De pa ment
NO M&C UQUIRED
Greg i . E.
Acti i ctor
City of Fort Worth
Fernando Costa
Assistant City Manager
ATTEST:
Marty Hendr
City Secretary
Approved ;oForm:p
Assistant orney
ATTEST: DEVELOPER: Mercantile Partners, L.P.
A Texas limited partnership
By: Mercantile Corporation
a Texas corporation
' s ge -tner
By:
Corpo ate Secretary Brian Randolph
Vice President
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UNIT I: PAVING IMPROVEMENTS
ITEM APPROX. UNIT DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL
NO. QUANTITY PRICES WRITTEN IN WORDS AMOUNT
1 480 LF Saw-Cut, Demo& Haul Off Existing
Concrete Curb
Ten Dollars and Zero Cents per
Linear Foot. $ 10.00 $ 4,800.00
2 480 LF Dowel & Connect To Existing
Concrete
Twenty Dollars and Zero Cents per
Linear Foot. $ 20.00 $ 9,600.00
3 280 CY Unclassified Excavation & Haul Off
Fifteen Dollars and Zero Cents per
Cubic Yard. $ 15.00 $ 4,200.00
4 825 SY 6" Lime Stabilized Subgrade
Four Dollars and Zero Cents per
Square Yard. $ 4.00 $ 3,300.00
5 12 TN Hydrated Lime(30lbs Per SY)
One Hundred Forty Dollars and Zero
Cents per Ton $ 140.00 $ 1,680.00
6 740 SY 7" Reinforced Concrete Paving
Thirty-Seven Dollars and Zero Cents
per Square Yard. $ 37.00 $ 27,380.00
7 390 LF 6" Integral Concrete Curb
Two Dollars and Zero Cents per
Linear Foot. $ 2.00 $ 780.00
8 1 LS Traffic Control
Two Thousand, Eight Hundred Dollars
and Zero Cents per Lump Sum. $ 2,800.00 $ 2,800.00
9 100 LF Turn Lane Buttons/Striping
Ten Dollars Zero Cents per Linear
Foot. $ 10.00 $ 1,000.00
TOTAL AMOUNT PAVING
IMPROVEMENTS $ 55,540.00
TOTAL AMOUNT BID PAVING IMPROVMENTS $ 55,540.00
GRAND TOTAL AMOUNT BID $ 55,540.00