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Home My WebLink AboutContract 31652 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.,,51 U�) WHEREAS, Indigo Pointe Ft. Worth, L.P., hereinafter called "Developer", desires to make certain improvements to Indigo Pointe at Western Center, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested permission from 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 Brady Blair, the duly authorized Vice President of Flournoy Development Company, LLC, the Manager of FDC Development JV, LLC, a member of FDC Texas Development, LLC, the General Partner of the Developer, 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: 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, is hereby incorporated into this Community Facilities Contract as if copy herein verbatim. Developer agrees to comply with all applicable p rovisions o f s aid P olicy i n t he p erformance o f i is d uties 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 H, paragraph 7 of the Policy. 04-06-05P02 :47 ItCVU CFA-Revised.DOC 1 E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section H, 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, p erformance o r completion o f any work to b e p erformed b y 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 construct current and future improvements provided for in this agreement. CFA-Revised.DOC 2 p L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: W ater(A)None; S ewer (A-1)None, P aving (B)None; S torm 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 storm drainage and other community facilities improvements shown as "current improvements"on the attached Exhibit B-1. B. As shown in the table below, 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 BB1. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ Cr l 5Z4.06 Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ - $ - $ - 2. Storm Drainage $ 588,000 $ - $ 588,000 3. Street Lights $ - $ - $ - 4. Street Name Signs $ - $ - $ - B. Engineering Design $ - $ - $ - C. Construction Engineering $ 23,520 $ 23,520 and Management by DOE 4% $ 611,520 $ 611,520 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 column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. — 3. City not preparing plans and specifications. T: CFA-Revised.DOC 3 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, and said Developer has executed this instrument in triplicate, at Fort Worth,Texas this the �nday of t )r 52005. Approval Recommended: Transportation and Public Works Department r Robert Goode, P. E. Director NO M&C REQUIRED City of Fort Worth AQeA ffA L 0!! Marc Ott 'I* Assistant City Manager ATTEST: )"\Y\ Marty Hendrix City Secretary Approved as to Form: DEVELOPER Assistant City Attorney Indigo Pointe Ft. Worth, L.P., a Delaware limited partnership ATTEST: By: FDC Texas Development, LLC, a Delaware limited liability company, its general partner By: FDC Development JV, LLC, Corporate Secretary a Delaware limited liability company, its member By: Flournoy Development Company, LLC, a Georgia limited liability company, its manager By: Brady T lair, Vice President —! CFA-Revised.DOC 4 Kimley-Horn &Associates, Inc. Opinion of Probable Construction Cost Client: Flournoy Development Date: 12/08/200 Project: Indigo Pointe at Western Center Prepared By: SA KHA No.: 063800010 Checked By: NES Title: Public Storm Drain Sheet: III Item No. Item Description Quantity Unit Unit Price Item Cos D-1 9'x5'RCB 44 LF $462.00 $20,328 D-2 7'x4' RCB 1,196 LF $334.00 $399,464 D-3 6'x4'RCB 15 LF $286.00 $4,290 D-4 12'x15'Junction Box 1 EA $14,000.00 $14,000 D-5 9'x18'Junction Box 1 EA $13,500.00 $13,500 D-6 4'Manhole Riser 1 EA $200.00 $200 D-7 14"Steel Encasement 50 LF $30.00 $1,500 D-8 16"Steel Encasement 35 LF $40.00 $1,400 D-9 Remove Headwall 1 EA $1,000.00 $1,000 D-10 Remove Wingwall 1 EA $1,200.00 $1,200 D-11 9'x5'Headwall 1 EA $11,200.00 $11,200 D-12 Headwall Connection 1 LS $1,600.00 $1,600 D-13 Silt Fence 3,000 LF $2.00 $6,000 D-14 Construction Entrance 1 LS $2,000.00 $2,000 D-15 Ground Stabilization 45,500 SF $0.15 $6,825 D-16 Trench Safety 1 LS $800.00 $800 D-17 Staking 1 LS $3,000.00 $3,000 D-18 Spoils Removal 1 LS $22,000.00 $22,000 Basis for Cost Projection: Subtotal: $511,000 ❑ No Design Completed ❑ Preliminary Design lConting. %,+/- 15 $77,000 Q Final Design Total: $588,000 This total does not reflect engineering or technical services. The Engineer has no control over the cost of labor, materials,equipment,or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineers judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals, bids,or actual construction costs will not vary from its opinions of probable costs. G:\CIVIL\63800010\docs\CFA\opcc_xis FYI `;; II .. ✓:...11 a-.. saFowl K Snd'N11 X 11nX3X 1.09'( Ll65WX 'slag ,,x3-VIh d;IdGc cl iG813 INIJ -J `WESTERN CENTER BLVD. — I / I I I f i I a,d o riel it � Ii -Z U �/ fA W m in W d� fV.d=.. o,:,, mU 0l W 23ti / m a mx 010 Lu to 0 co IL Oa 0.Ir `'I c 0. I (np Wca L) ! I (L a� ; i . 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