Loading...
HomeMy WebLinkAboutContract 32018 COMMUNITY FACILITIES AGREEMENT THE ST;1TE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.39L WHEREAS, YMCA of Metropolitan Fort Worth , hereinafter called "Developer", desires to make certain improvements to Lot 3 Blk 39 of Hulen Meadow 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 and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Mr. Antony Shuman_, its duly authorized President , and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: 1. 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, is hereby incorporated into this Community Facilities Contract as if copy 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. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. TPW New CFA 4% and Utilities 12 27 04.dbe EA E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. F. 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, G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. 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). J. 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. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to TPW New CFA 4% and Utilities 12 27 04.dhc construct current and fixture improvements provided for in this agreement. L. 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)None Storm Drain (B-1) Attached; Street Lights and Signs (C) None. M. 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, B1, 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, B 1, 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 $ 9,181.12. Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's coluIiln for Item C represents four percent (4%) cost for constructioninspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. TPW_New CFA 4% and Utilities 12 27 04.dbc IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate 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, apg said Developer ha executed this instrument in triplicate,at Fort Worth,Texas this the ay of � ,2005. Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. ector City f Fort o ENO M&cREQUIRED Marc Ott Assistant City Manager ATTEST: /1'Ai,� '&) "") Ma Hendrix ((pQQJJ City Secretary Approv as to Forme ,' 111111 ssistan 'it( Attorney YM(-A of Me fea poG fir+- Wr+� ATTEST: DEVEL YR f A By: Corporate Secretary t111 -roA,j TPW New CFA 4% and Utilities 12 27 04.Ac 1 , SUMMARY OF COST Hulen Meadow Addition Lot 3 Blk. 39 Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $0.00 $ - 2. Storm Drainage $8,828.00 $ 8,828.00 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ B. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) $ 353.12 353.12 TOTALS $ 9,181.12 $ - $ 9,181.12 CEA CODE: 4 Exhibit B-1 Engineer's Opinion of Probable Cost Storm Drain Improvements Item Qty Unit Unit Price Item Cost 30"ADS N-12 HDPE pipe (under grass) 82 LF $54.00 $4,428.00 Gabion mattress 40 SY $110.00 $4,400.00 Subtotal $8,828.00 Inspection 4% $353.12 Tota) $9,181.12 TEIC Ryan Family YMCA —Exhibit B-1 Offsite Storm Drain 1 " = 100' A" it 1 1 __ .Al Blue Sprigs Or BOYDSTON Qvff fngkwar1ng1"--?'ng 222 W. Exchange Ass., Suits 101 Fart Kbrth, Dr 76106 Designs, 112 C Plu 617 626-7878 Fax 617 626-7879