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Home My WebLink AboutContract 33978 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. ' WHEREAS, FW Zuyw-5 ZO6,LP, hereinafter called "Developer", desires to make certain improvements to 'RLAFT-- 6L rq `( Az M tbY�5 , 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, Denton and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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 and subsequently amended, is hereby incorporated into this Community Facilities Agreement as if copied 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. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. 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. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. 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). J. 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). K. 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. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to �F1(2;13k-L kVC4 1T"L� � �'1 �� construct current and future improvements provided for in this agreement. M. 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) Attached; Street Lights and Signs (C) Attached. N. 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 1, and C. 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, BI, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $10,520.50. a. SUMMARY OF COST Bluff Elm Townhomes Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $0.00 $ - 2. Storm Drainage $9,925.00 9,925.00 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 397.00 397.00 D. Materials Testing by DOE $ $ 2% 198.50 198.50 $ $ TOTALS 10,520.50 $ - 10,520.50 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. J4-1 J X;D IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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 day of , 2006. RECEIVED JUL 0 L 2006 Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director City o oorth 1V(� l�f BSC. CgI= I I QED_ Marc Ott Assistant City Manager ATTEST: Marty Hendri City Secretary Approved to Form: Assistant ty Attorney MU1141 ROD ATTEST: DEVELOPER �%1: L➢ LII�.O By: FW i3 i-u�5 Corporate Secretary y t'YI PrG N U i1't PU S DiV F,j_vP' �,kf 17 LA-�, �-rs n��,.��G�NG �€►��-- r�Iv� HAMILTON CONSULTING $01 HARWOOD ROAD HURST,TEXAS 76054 STORM DRAIN IMPROVEMENTS TO SERVE BLUFF ELM TOWNHOMES CITY OF FORT WORTH,TEXAS DOE 0 4940 ENGINEER'S PROJECT NO 068-005 STATEMENT OF PROBABLE CONSTRUCTION COST 5118/2006 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST Storm Drain Improvements F34Tle to exist.Curb inlet EA 1 $1,500.00 $1,500.00 21"RCP LF 135 $55.00 $7,425.00 Traffic Control EA 1 $1,000.00 $1,000.0 0Subtotal Storm Drain Improvements $9,925.00Material Testing LS 1 $75000 $750.00 4%inspection fee LS 1 $357.00 $357.00 Total Storm Drain Improvements $11;032.00 ESTIMATED SUBTOTAL 4111,032.00 CONTINGENCY(0%) $0.00 TOTAL CONSTRUCTION $11,032.00 Notes: 1. This estimate was prepared utilizing standard cost esttnnuat iuc is3+ad...4 s iratr estimate only and that the engineer is not liable to owner or to a third patty for any failure to accurately estimate the cost of the project,or any part thereof. nua�I ITAv-1 wufn'0 nnnl '01 '6GIAI i i U(k W Z w Q J W D I a PEACH STREET BLUFF STREET w PRO JEC T SIT Z W U W d BELKNAP STREET i WEATHERFORD STREET I VICINI TY MAPOFFICUll U at If art [l��1 r r�,•t�`��, "I , 1�'� a --- s8 + a uu /tri ,r}�i� ��tt��ll' }j ►'��e o: � � Y"�NY i �r• N #; l�ill!(�+ -HM, tf:iM.111 'I AM-1 0 -W 0. vN N ° 0"I.d, L x C I. 16 (I Q:.0'-J CLM'a y ° mom ,21 < i t j Z ° °Z d'D 0 X 0 C, O a�N Ulm a 1'i, 3 W �` ° c- rn� 0-, °1 8 D z'� yr zoo F ° r- �y u E m Ml w ate 1 dir;' 1 d{{,ti, •11} 1t1 W i �. a N L ao o t °' o y vs ;{� $ ms � o ,� N s3 �, a S nY �a' ytn m'� °o o vo m i m Y 0 ! a a.< J ul, •- N= O O N C n ° 1 9 of ` ° oar° 3 °o a SPM d z 8 t W O `74� gF T` a9 \ ul m dAP z it � \,.��\ 1 �\ �� Ail 42a Ln All \ \ a s •.r e \ on r7 XON 8 c. 'R n \ > z _ w wn q W r ¢ CL H i l i W c��£ 1 1 H O Z\ 9 ¢ of $- i i R � rs �¢ 0 C \\ �\ 1 00 16 da a S Vr �s ut Lop �ooa I�J assn, �o� ! = e N \ ' a d°` SY�Et �ei CO e` Z_ s � J 8'59 N G N1t Q� (Y PRIVATE STORM o DRAIN LINE S.� SCALE 1" - 40' 0 zo 40 �� ,tib .• � ,��\ �i'' � 40 43 A a t � ,a�\ J•I I � $9�\ y �d CONSTRUCT STD 10'CURB INLET . INLET �, • '. < l�2 FOP20F 602.40L. 607.00 �. ,\ �•., ��"�V A FURNISH AND INSTALL V 1 ' 21"x21" WYE \a° FL. 21"• 602.35 \' v a �� • FURNISH AND INSTALL <� ° "x45° BEND i FL,• 601.58 `\\ 3 BEGIN 21" DIA. STORM DRAIN LINE "A" v `•� ¢ e"so CONNECT TO EXISTING CURB INLET FL.- 601.50 (VERIFY) s�� ! \3a y T11 / ' s / J //meg f ...................+ � / KEITH I$ HAMILTON ! 87384 �� BLUFF ELM TOWNHOMES \\\Q ONAI E�� ,,�� COMMUNITY FACILITIES AGREEMENT FORT WORTH, TEXAS C O N S U L T I N G STORM DRAIN PLAN — EXHIBIT B-1 G4 l EWTO•CMI4 SMPESNS•RMK76•COMSTMATIM MMARFS 601 HAR•0OO SM•)asst.uus?W-A S H E E T 1 OR 1 F"W(817)76l-0406 FAX 1817)}5.••.0! CFA-STORMPLAN 1 revised.dgn 3/24/2006 9:23:54 AM