The URL can be used to link to this page

Home My WebLink AboutContract 31097CONIlvIUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COLTNTY OF TARRANT § Contract No.4y��L_� WHEREAS, Opus West Construction Corporation, hereinafter called "Developer", desires to make certain improvements to TCN- Railhead Meacham Boulevard (Lot 3, Block 3, Railhead Addition) Median Opening 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 T�rn Kchoe- , its duly authorized pro�tc-+ m� r, 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 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 far 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 in conformance with paragraph 8, Section II, of the Policy. F__�_:_� ? ., � . , .. �. :l 1 'Sl�'�� :`, _ ; CFA TCNRAILHEAD.doc 1 � '� ��'� �cl ��i� � I� �� ';:��✓;i �'�� ,'�%�, � _ �� .:�. _J 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, whetlaer or not sucla i�aiuries, death or damages are caused, ifa whole or in part, by the alle�ed ne�li�e�zce of the City of Fort Worth, its officers, servants, or enaployees. 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: �' ��, � ' ;i ' '' _ L '.� 5� , . ,�i ��:,,�=�. "` . � s�, l .a (c :"� �.; c',,� � CFA TCN RAILHEAD. doc 2 � � � U L � �� `�' �'�`''� �� ' � � i � 11 '�`i' �✓ �l;, �', � � �il ':'.:��, : s_� i_y�_ — 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 coiporate seal of the City affixed, and said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the 4th day of December, 200�.�' Approval Recommended: _ ��`-' -- �Q 'C��C ��.��.t?:��ie. �,ui:l�c,=:�.;.�.,�.iuF� p �� 7�; F_, ATTEST: 1 1 � N�r-� l�n�r� City Secretary Approved as to Foim: Assistant City Attorney ATTEST: i�� i �' �� ,,:�� %� 1�=r. Corporate Secretary CFA-TCN Contract Transportation and Public Worlcs Department G� "�%. � Robert Goode, P. E. Director City Of Fort Worth C B ` Marc Ott Assistant City Manager DEVELOPER: Opus West Construction Corporation B y: homas W. Roberts President & CEO � � �� >>'1 i r � � , fti � � '�', vi '�r; �.-i�l �.:�V�.,�;� `• , 4 � �.,�'V' _, ,5 �, ��. ��', ';y� � ;-Lr_1;�'1SI�'�-,l'ryt�jl��^ r�, �:`:;``u:l!�� 's�, � oR � �J � � — —� � 0 > � 0 � n 0 m 11/O6/03 THU 15:05 F� 972 235 9544 Pacheco Koch Consult �ng �WU L►��LI LJ �I.�� 0 20 40 SO 120 GRAPHIC SCALE IN FEET � 0 � � Z m Y �� z� Q� o�� W � a z o Z F � a�g v�iW i- o o� ¢ �3 0 hQ-O� (n L� Z aQQ ZU� o� n� ��z ¢z ¢ ��o � zc�� D3S0 N CEHTAAL DQ+MIY SUTE 100D na.unv er c�c,rm av sc.�cF Rt� DAH �•��.p� � � I�7j 002 � � �. �� DALLAB. TE%AS 7620R 072.23b,10.11 OATE Jpa �R �ftJLY 2003 ] 877—Q3.0fl3 SHEET 1 Of 2 L�'FT � �'URN LANE �c 11�EDIAN OPENI�V� P�,AN LOCATED IN THE C(TY OF FORT WORTH, TpCAg FOR LOT 3, BLOCK 3, RAILHEAp FT. WORTH MEACH�M BOULEVARD dc N. MAIN -STREET TARRANr COUNTY, Tp(AS owc Fi�: 1977-03-033CV.DWG �'J V L � ,''� 1 ,. � '��V!'.';J`i �JUq �''ZGy' i '... � ' -- - R-- - .�-�_- _ � 0 U rn 0 M 0 i n � a� �^ M � 1M I� n iP vo� wc�i^ �n� � \% mo� 11/06/03 THU 10:09 F.a.i 972 235 9544 0 20 44 80 S9� S GRAPMC SCALE IN FEET Pacheco Koch Consult Eng ��U LI�� LI � D � � 120� � � �a P i Q'�C' � �,q �p��@ ti� ��5+6 � V ��`� - � �joos ! � � � f � 6JS0 N CEItTpAL EXPWY SUfTE 1000 ORAMIV RY ClE�KED eY 8+CALE RHB EMH 1'-40' DAILAS. 7EX�S6 76�BQ BT22db.3Q1f OAIE ,lGa M�E,f JULY 2003 1977-03�93 SHEET 2 OF 2 LEFT T URN f /M11� l L�t111 LOCJ�TED IN THE CiTY OF �ORT VYORTH, TD(/�S FOR LOT 3, BLOCK 3, RAILHEAQ FT_ WORTH MEACHAM BOULEVi4RQ dt N. MAlN S7REET TARRANT COUMY. TEXAS r DVYG FILE: 1977-03-093CV.DWG 11/O6/03 THU 15:12 F.3% 972 235 9544 Pacheco Boch Consult Eag C�004 � (�j� -,� c�%'��'._ , �, �,?c,�;•,5:��:� ',��I 'ti' v.��;,;; �_d;=`�;. � ; ��; �?��lf', ``I'' ,`� !``�"� '. � :�'J 'I � r , ;,J; _. 11/Ofi/03 THU 1a.17 F�X 97� 235 9544 Facbeco %och Consult Eag � 005 1_) Opus West ConstruCtion Corporation 15455 North Dallas Parkway, #450 Addison, Texas 75001 (972)480-9787 office (972)448-06d7 direct line (972)669-22i6fax (214)577-4522 cell � j im. kehoe (� opuswest.com 2.) Jim Kehoe Project Manager � ` �' �"L,� 1;- i. .. - �;,r; . �,, V l �� r �.' ? . . , - � �� ;, � �U' �,,; <' ' .r ��;�;%� l�, � ��• �s , .... �__—�-- _s—�--