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Home My WebLink AboutContract 35168COMMLJNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.�� WHEREAS, Centreport Retail, Ltd., hereinafter called "Developer", desires to make certain improvements to Centreport Area 1, 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. � nS r 1 '? (= �; � l:i'�(��VlS,1�� 'r:IS�V`�r1's�'��i Centreport Area 1 1 �, �,- .,� r>i�,, ��,r;ti �; 03 14 07 'v��„ : `�c, �r'�V.-!1:�':� g �' J ��J}� cI�lt ,![r'�7 J �o „IJ!`::I��:IlU) �L�`�a 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, wlzether or �aot suclz iniuries, �leatl: or da»ia�es are caused, i�z wlzole or i�i part, bv tlae alle�ed lae�li�e�zce of tlae Citv of Fort Wortla, its ofFcers, servants, or enzplovees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. L 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). Centreport Area 1 2 03 14 07 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 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)N ne• Storm Drain (B-1) Attached; Street Lights and Signs (C) _ `�`�� 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 1. 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 1. The estimated total cost of current improvements and related support services speciiied in this agreement, including design, construction and inspection is estimated to $74,194.17. Centreport Area 1 3 03 14 07 SUMMARY OF COST CENTREPORT AREA 1 Item Developer City Cost Total Cost Cost $ A. Construction - $ 1. Streets - $ 2. Storm Drainage $69,994.50 69,994.50 $ 3. Street Li hts - $ 4. Street Name Signs - $ B. Engineering Desi n - C. Construction Engineering and Management by $ DOE 4% $2,799.78 2,799.78 D. Materials Testing by $ DOE 2% $1,399.89 1,399.89 $ $ TOTALS $ 74,194.17 - 74,194.17 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 far Item D represents two percent (2%) of paving and storm drain costs for materials testing. Centreport Area 1 4 03 14 07 ��Cfl�Edi . ';�,� 15 �,,t� IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed 'm 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, an said D elope� has executed this instrument in triplicate, at Fort Worth, Texas this the ay o , 2007. Approval Recommended: � �'D �1��_i�e�:� �J&��I� � � :-�_�--� - TTEST: V` Marty Hendrix City Secretary � ATTEST: Corporate Secretary Centreport Area 1 03 14 07 � Transportation and Public Works Department ��f/G� Robert Goode, P. E. Director _ -_ � it o �rt Worth ! �� y � �� >, /��< . Marc Ott Assistant City Manager DEVELOPER Centrepo etail By. . � I � ��'i 7ii �:.-i .��llli� "��!��;�;lv;.l t:s�� j�. � ;u 5 ' ;��,ti ��',!.�� '�;�'!� si�;''`t' � 2� :ri:i� i�c:��';f, `; �`��;i e y' Il � �..: �;; � ;'. � �� v . . __:.._--------_�-- �. . ..o..�rw�ap, vc�ciiiuci �i, �w� J.LU rm aoaisouiY OI /-LOtl-LJJU DATE TO WALKER UTILITIES, INC. 124 Brown Trail l lurst, Texas 760�] PHON�. 817-268-2318 FA;C 817-268-233� December 27, 2006 DICKER50N DEVELOPMENT We propose to furn;sh the necessary labor, materials, equipment and incidentals to construct the following described work in accordance tvith plans of GSWW Engineers, and the the requirements of FORT WORTH, TEXAS specilications. Description of Work: List All Work(T.e. Storm ) Location: CEI�TTERPORT AREA 1 FORT"WOg2TH, TEXAS Quantities and Prices STORM DRAIN 1). 469 2)• 1 3). . 1 4). j �)• 1 LF 48" RCP CL.III PIPE EA REM. EY. D.I. & CONN. TO 48" EA REM. EX. HDWL. & C�NN. Tn Q�" LS BONDS LS TRENCH SAFETY 5 c.cz,�k.� �� 'Y S � Page 1 0( 2 p.u� �140.50 �65,89d.50 �750.00 �750.00 �500.00 �500.00 $2,100.00 $2,100.00 �750.00 $750.00 TOTAL BID: $69,994.50 ��cui�couay� UGI,CIIIUCI ti, LUVO J.LV rrvi ssaisoury n I I-LOG-LJ.�U NOTE: SEE PAGE 2 FOR INCLUSIONS & EXCLUSIONS Walker Utilifies, Inc. Location: CEIVTERPORT AREA 1 FORT WORTFi, TE3CAS UTILITIES PROVISTONS 50IL TESTiI`IG BY OTI-IERS ENGINEERING AND LAYOUT BY OTHERS METER AIVD FEE'S, INSP. FEE'S, CONN. FEE'S OR PERMITS BY OTHETt BID ON UNAPPROVED PLANS ONE MOVE IN BARRICADES PROV[DED ONLY AT WORK LOCATION DURING CONSTRUCTION [NSURAIYCE L1M lTS $2,000,000.00 WORK TO INCLUDE �NLY THE ITEMS LIS7'ED NO LAIYDSCAPING, HYDROMULCHING OR GRASS SOD i1YCLUDED STACINC AREA PROV(DED BY 04VNER $150.00 PER V,F. FOR EXTRA DEPTH ON INLETS AND M.H. NOT SHOWN ON PLANS NO MATERIAL TAX 1NCLUDED NATIVE BACKFII,,L OVER PIPE_ EMBEDMENT INCLUDCD NO R/R OF PVMT. INCLUDED NG i REE REi�40VAL NO S.W.P.P.P. DE51GN OR SUBMITAL INCLUDED For your convcnicncc, the abo�c quaatitics have been es�imated, however [his proposal is on a unit price basis wilh payments to be made on the actual measured quantities of work completed. On the I�st day of each month partial esUmates shall be prepared including a(l of lhe completed work plus all of ihe malerial on hand for the uncompieted portinn and shall be paid in fuU no[ later than the 15[h day of the ft�llowing month. Final estimate shall be rrepared immediately upon completion and shall be paid wi[hin I S days. All es[i�nates no[ received on due date shall be�u interest From due date until date received a[ i 2% per annum. ]t is also agreed by bolh parties to this agreement that �ny and all costs of litigation 10 obtain monies due contractor shall be at the expense of the owner 7'his propnsal is also based on all engineerine, grades and afignmenls being furnished hy the owner, togcther with aU necessary permits fmm the City, Coun[y, State or other interested parties. Our prices include on-site disposal of excess materials. Off-site disposal n�ill be the respunsibility of the excavation contrldor. Yoor acce�tance of lhis proposal by signing 2nd retuming one copy �o us wi�hin ( I Q) dnys and the approval bY us of crcdit an angemcnt �ti•ill constitote a contract bet�veen us. Tltis proposal or contract is subject lo cancellation i!'aNational Lmergency should crwse materials lo become unavailable. ACCEPTED: Walker Utilities; Inc. (Ownerj (Contractor) By Title Bank Ref Date Page 2 of 2 Title Attest ---�— �� eve Snlsbury Estimator p.U:i III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: INTERSECTIONS MID-BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID-BLOCK COLLECTOR MID-BLOCK ARTERIAL MID-BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT DEVELOPERS COST: $0.00 CFA CODE # 2007018 Centreport Area 1 Fort Worth, Texas PAGE 1 OF EXH/BlT "C" QUANTITY UNIT COST 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 3,200 0 EA $ 3,200 0 EA $ 1,650 Subtotal City's Cost Developer's Subtotal 4°/a Inspection fee Project Total Adjacent Developer's Cost Developer's Cost February 28, 2007 TOTALCOST $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $0,000.00 $00,000.00 $00.000.00 $0,000.00 II. STREETLIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at the approximate locations shown in exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. 2. Streetlights on residential and/or collector streets can be installed using overhead or underground conductors with the approval of the director of transportation and Public Works. 3. The City of Fort Worth will install all the streetlights that use overhead or underground conductors on residential, and collector streets. The developer agrees to pay the City of Fort Worth the amount shown below prior to the City starting its design efforts, at the option of the developer and at their expense they may purchase the poles, fixtures, and mast arms from the City in order to assure compliance with city material standards 4. Street lights on arterial streets shall be installed with underground conductors 5. The developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operations of the street light system 6. The estimated cost of this streetlight installation is detailed on page (1) of exhibit "C" and is summarized below. The streetlights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPERS COST: $0.00 February 28, 2007 CFA CODE # 2007018 Centreport Area 1 PAGE 2 OF EXHIB/T "C" III. ST'REETLIGHTS LOCATIONS: CFA CODE # 2007018 Centreport Area 1 PAGE 3 OF EXH/B/T "C" iv STREET NAME SIGNS 1. The City of Fort Worth wiil install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of $245.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3. This development creates the following zero (0) intersections at a cost to the Developer of $0.00: (No new intersections, existing signs) Centreport Area 1 CFA code: 2007018 February 28, 2007 � 0 0 0 N II W J U � ��y�� - _ �� ,�; i � �3 �°� f � �� z �o �o � J ■ � ► ' � Z � 0 0 II w J U � � � � — <u � µ � � / � 1wnN Zpw2 � \ � � � � � V I � \ � �Wm �* ��m o U J�: � z w . 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