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Home My WebLink AboutContract 30848 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.0&&IB WHEREAS, Eagle Mountain-Saginaw Independent School District, hereinafter called "Developer", desires to make certain improvements to Chisholm Ridge Elementary School Offsite Storm Drain Improvements located at Marlow Lane, 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 THESE PRESENTS: That said Developer, acting herein by and through John Price, its duly authorized Associate Superintendent for Eagle Mountain-Saginaw Independent School District, 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 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 t r ti: RHI I'soll Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide the City with a statement signed by a duly authorized officer that Developer has appropriated sufficient moneys to pay for its obligations contained herein. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered conformance with paragraph 8, Section II, of the Policy. F. To the extent allowed by law, and specifically to the extent that liability would exist under Chapter 101, Texas Civil Practice and Remedies Code ("Code"), including without limitation Section 101.051, Developer further covenants and agrees to, and by these presents does hereby indemnify, hold harmless and defend the City, its officers, agents and employees from all claims, suits, or causes of actions which could be maintained against Developer under Chapter 101 of the Code, in any way connected with the construction of the improvements or facilities described herein and due to the negligence or misconduct of Developer, its contractors, subcontractors, agents, 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. 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 the City for any inadequacies in the preliminary plans, specifications and cost estimate supplied by the Developer for this contract. �� 7,7_, 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. Il. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street name sign and other community facility improvements shown as "current improvements" on the attached Exhibit A. B. As shown below in the "Summary of cost for Street and Storm Drain Facilities", the Developer shall fund its share of "Paving & Drainage Improvements" and shall either (i) award its own contract for construction and pay the City the cost of construction inspection, construction engineering and management as shown below, or (ii) pay to the City its share of the cost of street, storm drainage, street lighting, street name signs as shown below. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to be $.;A L4A4 �G_. Item EM-SISD Cost CITY Cost Total Cost A. Construction Paving and Drainage sz,(C� $0.00 ��3,Wc1S B. Inspection (-j%) $04".61So $0.00 $ci4-V i0 TOTALS $'��y�, $0.00 SUMMARY OF COST Chisholm Ridge Elementary-Eagle Mountain ISD Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $18,895.00 $ 18,895.00 2. Storm Drainage $4,800.00 $ 4,800.00 3. Street Lights $0.00 $ - 4. Street Name Signs $ - $ B. Engineering Design $ C. Construction Engineering and Management b DOE 4% $ 947.80 7. TOTALS $ 24,642.80 $ - $ 24,642.80 h 4 LJ`i: Notes: 1. All Preliminary Plats filed after Julyl 1, 2000 will require sidewalks on all streets. 2. Developer's column for Item B represents two percent (4%) costs for construction inspection and materials testing. (*) Represents City participation for construction fees. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on 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 quadruplicate, at Fort Worth this the�fj day Of o\ip l r , 2004. Approval Recommended: Transportation and Public Works Department �S �G Robert Goode, P. E. Director ATTEST: City of Fort Worth f Y 44 By:;A4M M-cw�,/ C'16 Marc Ott City Secretary Assistant City Manager LCLIn ved as t Form: contract Authori.zatioR Assistant City Attorney date ATTEST: DEVELOP'-" - �,..�i c.L� BY: Corporate Secretary ` 'AMY IEKINKFF FT. `tKAOITHI Mllz OPINION OF PROBABLE CONSTRUCTION COST PROJECT. CHISHOLM RIDGE ELEMENTARY OFFSITE DATE: 101812004 STORM DRAIN IMPROVEMENTS TNP JOB # VLK03301 PREPARED BY. SRM ITEM DESCRIPTION QTY. UNIT UNIT COST TOTAL I PAVING IMPROVEMENTS 1 Remove/Replace Existing Pavement 20 SY $51.00 $1,020 2 4" Conc Sidewalk 5500 SF $3.25 $17,875 PAVING SUBTOTAL $18,895 II DRAINAGE IMPROVEMENTS 3 36" RCP 30 LF $110.00 $3,300 4 Connect to existing Storm Drain 1 EA $1,000.00 $1,000 5 Trench Safety 30.00 LF $16.67 $500 DRAINAGE SUBTOTAL $4,800 SUBTOTAL $23,695 4% INSPECTION $948 CFA FEE $500 TOTAL COST $25,143 4% INSPECTION FEE $948 CFA FEE $500 TOTAL FEE $1,448 -iVE13 i;CT 1 ? 2004 NINC. V TEAGUE NALL AND PERKINS \ ENGINEERS•SURVEYORS•CONSULTANTS ^ Responsive Service. Reliable Results S wwwInp-ongnacom nF % Svc � i D 1„-1 00' Y 1 M1 h CHISOLM t RIDGE ry ( ELEMENTARY rt�J\ h W 3qq % o O O w / b C h 6" RCP REMO REPLAQ RECEIVED EXIS77N PA I/EM NT n OFFSITE STORM DRAIN IMPROVEMENTS TO SERVE PER Cl STAN ROS ,--- CHISOLM RIDGE ELEMENTARY OCT 1 � 2004 EXHIBIT "A" \ �\ \ N//V!C. EXISTING 4"^ TEAGUE NALL AND PERKINS SIDEW�LK MUMEERS•SURVEYORS•CONSULTANTS ^ Responsive Service. Reliable Results \ » \ www.tn -online.com POSED S/ ALK AP s i PROPOSED 4" SIDEWALK N O i df I z j I CHISOLM RIDGE ELEMEN TAR Y PROPOSED 4" SIDEWALK PROPOSED 4" SIDEWALK v v h PROPOSED 4" C SIDEWALK COK n CHISOW RIDGE EMM N.TARY EXHIBIT "B"