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HomeMy WebLinkAboutContract 38184COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Today Fossil Land, La ,hereinafter called "Developer", desires to make certain improvements to N. Beach Street Median Opening, 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 Policy. N. Beach Street Median Opening 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 dama,aes are caused, in whole or in part, by the altered neQli'aence of the City of Fort Worth, its officers, servants, or employees. I 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 N. Beach Street Median Opening CFA 2 CFA 2007092 - 10 23 07 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 (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 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 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 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 $ 70,247.44. N. Beach Street Median Opening CFA 3 CFA 2007092 - 10 23 07 SUMMARY OF COST N. BEACH STREET MEDIAN OPENING Item Developer Cost City Cost Total Cost A. Construction 1. Streets $ 62,67400 $ 62,67400 2. Storm Drainage 3. Street Lights $ 3,813.00 $ 37813500 4. Street Name Signs B. Engineering Design C. Construction Engineering and Management by DOE 4% $ 21506/96 $ 21506096 D. Materials Testing by DOE (2%) $ 17253048 $ 11253048 TOTALS $ 707247044 $ 70,247.44 Notes: l .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. N. Beach Street Median Opening CFA 4 CFA 2007092 - 10 23 07 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 1 Oth day of July, 2008. Approval Recommended: Transportation and Public Works Department William A. Verkes%P.E. Director, Transportation and Public Works Department Cit of Fo . Worth � ' Fernando Costa Assistant City Manager 1 ` Marty Hend ' leiO M&C REQUIRED City Secretary ATTEST: Corporate Secretary N. Beach Street Median Opening CFA CFA 2007092 - 10 23 07 DEVELOPER Today Fossil Land, L.P. 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D205361303 p D.R.T.C.T. \ 1 � _ CPO )008 R 20'- -------- -- q o: N O 532.7' N.BEACH STREET R= 300' LEGEND -•, 7, r N: Pat �li'r"oEiAl�s '"� � U FUTURE LOCATION I BYLIGHT " POLE I F ] n R=AO' V1 N ti N --I -40 w L G% OLE TOLm O SE R IOVED TO BE RpgOa1 DER CONSTRUCT STD 6• CMI AND U TTER PER CITY DETAILS v cd W aa�� ONE'am� ® b gaaV MEN W gw PAVING PLAN EXHIBIT B NALFF ASSOCIATES, Inc. 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 (817) 847-1422 CLIENT: Today Fossil Land, LP. PROJECT: N. Beach Street Median Opening Bid Summary DATE: Aug. 06, 2008 AVO: 24741 FILE NAME: Bid Summary 080806 Bid By: PAVECON Contact: Duane Jenkins Total Unit Total Item No. Description Quantity Unit Cost Amount 1 Site Preparation and Mobilization 1 LS $2,327.00 $2,327.00 2 Traffic Control 1 LS $4,876.00 $4,876,00 3 Remove Existing Trees 4 Remove Existing Curb and Gutter 5 Unclassified Street Excavation 6 Subgrade Preparation for Concrete Paving 7" Reinforced Concrete Pavement (for Turn 7 Lane) 6" Reinforced Concrete Pavement (for Drive 8 Approach) 9 Joint Seal 10 Backfill and Cleanup 11 Pavement Markers and Signage Maintenance Bond 1 LS $1,552.00 $1,552.00 540 LF $9.80 $5,292.00 420 CY $21.82 $9,164,40 627.0 SY $5.84 $37661.68 4,340 SF $5.88 $25,519.20f 510 SF $6.10 $3,111.00 1 LS $2,114.00 $21114.00 1 LS $2,988.00 $2,988.00 1 LS $776.00 $776.00 1 LS $1,293.00 TOTAL 4% Inspection Fee = 2% Material Testinq Fee = $1,293.00� $62,674.28 $2,506.97 $1,253.49