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Home My WebLink AboutContract 32502COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. IJOL`J WHEREAS, Fort Worth South, Inc, hereinafter called "Developer", desires to make certain improvements to Oleander Walk, 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 Paul Paine, 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: 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.-DeVelcIPcr *-i1 P1fC-,4de €fiafirial GUF-4�' i GA-144�94-:M-QWO With D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. Ole New CFA 4%.doc 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 iniuries, 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 Ole New CFA 4%.doc J]u L. _. 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: Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain (B-1) None; 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. 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. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $235,549.60. Ole New CFA 4%.doc SUMMARY OF COST Oleander Walk Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $226,490.00 $ 226,490.00 2. Storm Drainage $0.00 $ 0.00 3. Street Lights $0.00 $ 0.00 4. Street Name Signs $0.00 $ 0.00 B. Engineering Design I $ - C. Construction Engineering and Management by DOE S4%) $ 9,059.60 $ 9,059.60 TOTALS $ 235,549.60 $ - $ 235,549.60 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. Ole New CFA 4%.doc 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, d said 5%L-�L has executed this instrument in triplicate, at Fort Worth, Texas this the day of 2005. Approval Recommended: Transportation and Public Works Department 6 r Robert Goode, P. E. Director ty f rt rt NO M&C REQUIRED Marc Ott Assistant City Manager ATTEST: �� k6ft� Marty Hendri City Secretary Approved as to F- Assis t ity Attorney Fort Worth South, Inc. ATTEST: DEVELOPER B: Y Corporate Secretary Paul Paine, President R E Cog_ Ole New CFA 4%.doc y BID SCHEDULE OW NEIGHBORHOOD, LLC WEST OLEANDER STREET, P13LASE-1 PAVING CONTRACT Item Estimated Total Total No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount UNIT TV: PAVEMENT 1 2,760 SY Furnish & Install Seven-inch 3,000 PSI Reinforced Concrete Paving, and curb, where indicated on plans, excluding sandblasting except at intersections, complete in place, D 1-3,5,12,16,22,34,35,37-40,42,43,47-49,51,53,55-57,59,60,62,63 for Thirty Five dollars and Twenty Five cents per Square Yard $ 35.25 $ 97,290.00 2 . 7,100 SF Furnish & Install Brick Pavers, complete in place, D 1-3,5,12,16,22,34,35,37-40,42,43,47-49,51,53,55-57,59,60,62,63 for Seventeen dollars and No cents per Square Feet $ 17.00 $ 120,700.00 2 . 1 LS Perform, Install, and Maintain Traffic Control Measures, as shown on plans, complete, D 1-3,5,12,16,22,34,35,37-40,42,43,47-49,51,53,55-57,59,60,62,63 for Eight Thousand Five Hundred dollars and No cents per Lump Sum S 8,500.00 $ 8,500.00 TOTAL BID FOR WEST OLEANDER STREET, PHASE 1- PAVING $ 226,490.00 (Unit prices are to be shown in both words and figures. In case of discrepancy, the unit price in writing will prevail. Prices listed above are the only compensation to be made. All items, if work is required to complete the work as shown in the plans and as specified, which are not listed as a pay item in this proposal, are considered subsidiary to the item and the cost of the subsidiary work should be included.) Contract AUI ontr tors , . P . Au orize Signa �oug m c de Date Aug St 12 , 20 5 DAGGETT BROADWAY. CD cv t JARVIt R —I D A G aELT— u CL BROoNDWPY w IZI -j 0 LD I H <LD 1 Li �jJTUC�tER -j S E-i 'L Al PEN -J, v4A -m f—1 . �, LD co PRUI T� CANNO CLNN CPNNON ct COVPER -B� T I n�j p k- /K:STLET '21 dEUIIA LEUDA �E�REILL <F Ic >- < ot PULASK':'-- D�iSIIE6 n W ROg�,LE RDSEDALE LL, L s z � LLI F- AAA-Ni L: A c: F- 1 2: V) LD Llij MjRP-iY 17- M RTLE D: U. >-. t-- z C/) MADE X LU _j D LL -F ¢ PARK co RICHMO\JD ARLINGTON JEFFERSON BA -T [MORE W,L VT HnIRNF VICINITY MAP N.T.S. MEIRPHY cem INGRAM MADOX ALLEI, JEFF--R� tLi R � /101 C/) RICHMOND ARLINGTON :V m C-) zm rn C3 - ROW--/ 12-ISF F PVMT OE ULOCK 12 90 0 0 22+ BLOCK 13 .. �I I/ — gg* z G-A-R LJ Y uj < uj 2 x U) 0— c� a 0 0 w z zi PI, OCK 3 <is i'll 1174 F! 26' ROW--"' 12' F—F PVWr 2 n, CLOCK 4 ii I-R BLOCK 2 BLOCK 2 9 12 --F PVMr 16 BLOCK 3 BLOCK 3 (n BLOCK 3 BLOCK BLOCK 3 10 YR 0 0 +7FFI Ij z B. L 0 CK 3 IQ EXHIBIT "B" PAVING PLAN OLMDM WAX FORT WORTH SOUTH, INC. 2929 W 5TH STREET, STE D FORT WORTH, TEXAS 76107