HomeMy WebLinkAboutContract 31389 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.3)a6q
WHEREAS, All Saints' Episcopal School of Fort Worth, hereinafter called
"Developer", desires to make certain improvements to the Storm Drain located south of I-
30 and east of Longvue Ave., 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 Jim Samis, its duly authorized
Chairman of the Board of Trustees for All Saints' Episcopal School of Fort Worth, 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 terms of this
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02-17-05PO4 : 27 RCVD
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 H,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.
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.
II. Street and Storm Drain Facilities
A. The Developer(s) agree to install or to cause to have installed storm
drainage community facility improvements shown as "current improvements"
on the attached Exhibit 1.
B. As shown below in the "Summary of cost for Storm Drain Facilities", the
Developer shall fund its share of"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 storm drainage 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 $61,880. The developer will pay the 125% cash,
which is estimated to be $77,850.
Item ALL-SAINTS CITY Cost Total Cost
A. Construction
Drainage $59,500 $0.00 $59,500
B. Inspection (4%)
$2,380 $0.00 $2,380
TOTALS $61,880 $0.00 $61,880
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Notes:
1. All Preliminary Plats filed after July 11, 2000 will require sidewalks on all streets.
2. Developer's column for Item B represents four 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
Deve has executed this instrument in quadruplicate, at Fort Worth this the�day
of I-o 200X'.1
Approval Recommended:
Transportation and Public Works Department
Contract Authorization
Date Robert Goode, P. E.
Director
ATTEST: Cit f rth
By: n -
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City Secretary Assistant City Manager
Ad as Form:
Assistant City Attorney
ATTEST: DEVELOPER
Q P. By: lac�
Secretary
PAULA R. CREAR
ion
Notary Public,State of Texas
My Commission expires
June 05,2004
RECEI VED
MAY 2 s 2o04
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mom ramEPISCOPAL • •
ORM STDRAIN
OPINION OF PROBABLE CONSTRUCTION COST
PROJECT: ALL-SAINTS EPISCOPAL SCHOOL STORM DATE: 4/2312004
DRAIN IMPROVEMENTS
TNP JOB # HAH03313 PREPARED BY: JHB
ITEM DESCRIPTION QTY. UNIT UNIT COST TOTAL
I DRAINAGE IMPROVEMENTS
1 42" RCP 600 LF $95.00 $57,000
2 42" Headwall 1 EA $2,500.00 $2,500
SUBTOTAL $59,500
4% INSPECTION $2,380
TOTAL $61,880
Total Cost
125% $77,350
CFA FEE $500
TOTAL COST $77,850
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