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HomeMy WebLinkAboutContract 35059COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. � WHEREAS, THE EVENTS FACILITIES OF FORT WORTH, hereinafter called "Developer", desires to make certain improvements to MAINTENANCE YARD WILL ROGERS PARKING, 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. -- - �� - -- - _ = _ _ _ , .:.��1 ,I. '..S��J�.:J�"'�� ���IJ�J��:� i Maintenance Yard— Will Rogers Temp. Parking 1 , ;'���,� ,:���',� ��';,,i��'^`? 092006 !� �,��.� ������..�,..�s�,.�.0 i� -,� �-� ^,�U s�r�l `;�,;,r�: �; II f � :�i:`'.�'J:�� �LL�.s 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, wltether or not suclt iniuries, death or damaQes are caused, in wltole or in part, bv tlte alle�ed ne�liQence of tlte Citv of Fort Wortlt, its of�cers, 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 ; ,� � , � � -�, � � , ,i: �;�, - l l Maintenance Yard— Will Rogers Temp. Parking 2 E�<, �, .v,::� t:..., „�.�;�:J � 09 20 06 � �; if �'�� ;; 2�' �`''� i l:1 ''r. ; �� ��.i 1. �.- �_: �S J i� �`• li� ..`,�`l•;[1i7 Lr '.f;-- id i ��' U�:'i..-..s'✓.,.. .t II 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 hereo£ Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain (B-1) Attached; Street Lights and Signs (C) None; Stri�in� (D) Attached. N. City shall not be responsible for any costs that may be incui-�ed 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. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, striping and other community facilities improvements shown as "current improvements" on the attached E�ibits B, B1, and D. 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, striping as shown on the attached Exhibits B, B 1, and D. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $181,702.00. Maintenance Yard — Will Rogers Temp. Parking 09 20 06 G. �, . �� ^�r �L^ 1i. ii 3 `:;' �'� � ��� � ��=� � ���'�:� ��a'. �>� V�;J',Ji :;I�',,�!�`;i��r;, �lrj �� r,; � u ;� �c� ;,1, lf S'� ��, ��, ':�::,::;::�r�,�� J�,� � SUMMARY OF COST Maintenance Yard - Will Rogers Temporary Parking Item Developer City Cost Total Cost Cost A. Construction $ - $ 1. Fencin $24,411.00 24,411.00 $ 2. Storm Draina e $42,840.00 42,840.00 $ 3. Bollards $2,500.00 2,500.00 $ 4. Electrical Stub U s $21,100.00 21,100.00 $ $ B. En ineerin Desi n 90,851.00 90,851.00 C. Construction Engineering and Management by DOE �4%) � - � ' D. Materials Testing by DOE (2%) � - � - $ $ $ TOTALS 90,851.00 90,851.00 181,702.00 Notes: 1. All Preliminary Plats iiled after July 2000 will require sidewalks on all streets. 2. City not preparing plans and specifications. Maintenance Yard — Will Rogers Temp. Parking 4 09 20 06 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, anc� said D veloper has executed this instrument in triplicate, at Fort Worth, Texas this the �day of , Zoo�l7 �����a��� Approval Recommended: � �I ,�,.. Co��r�c� Authoariza�iQ�: ����-- ,_.. t���:� ATTEST: � Marty Hendrix City Secretary Approv,e�to Form: ,� i" , / ssista Cjty` Atto ey ATTEST: Corporate Secretary Maintenance Yard — Will Rogers Temp. Parking 09 20 06 �;d�'��,� � 9 2�0� Transportation and Public Works Department ��1., — Robert Goode, P. E. Director ,�� � City � rt'�h Marc Ott Assistant City Manager DEVELOPER F F t-��� G�%.�e��► .�, ��/��i '� �% ri 5 By. - . � � I'.'�� �� vt�; � t� ,�. �, � . ,;; � �� „ l � �:i�r��.i � ` ' �V J'�u � 5 r:9 i ^� ;2,[ i=,,'1��� ,r fnr.+ ? 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L ��'_ . . . z J � U �'cI� � 1'� : "�.,' o . � r: ,. .:.:tll'�'� .. . . .�- 0 0 N �, � ° W J Q U N Y 3 N N � V Q � N W 0 d Y 3 N N C7 z , �� � W � ' �a H m � � x a� W �O � E"� � .\ � , \ • ���, '� �, , � � �\ �� �ti��e\ �`,` �}��',,\ �` °'d',� • , �17y � ♦ � �� ♦ � �� �` • � ` , \ ` �� `� ,�. � �-1 c� `\ ' � z �-- � g � � �� � Z � w Y 1 � oC � w Q � �- 1 0 � 1 O a O oe �� 1 J \`�l 'I \ , 1 �F" �\ , � �� 1 i � � W I � 'z �- ��� � Q � � , J � I i Q � - x � I � , � 'I � I-i � � M o 0 0 � o Z o � ~ N � � a w o � � s a =ao m�� Z °����� i �Za� W V���,o �om a .\ •� .` �� � ,\ •\ 1 1 Q w V ore m � �, 0 � w a City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/24/2006 DATE: Tuesday, October 24, 2006 LOG NAME: 20HARLEY PK LOT REFERENCE NO.: C-21798 SUBJECT: Authorize Execution of a Community Facilities Agreement with Events Facilities for the Installation of Community Facilities for the Harley Avenue Temporary Parking Lot RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement (CFA) with Events Facilities for the installation of community facilities for the Harley Avenue temporary parking lot. DISCUSSION: The Harley Avenue temporary parking lot is necessary to serve the Will Rogers Complex. Events Facilities, the City of Fort Worth, and Tarrant County have partnered for the design and construction of the Harley Avenue Temporary Parking Lot. The City of Fort Worth and Tarrant County have entered into an Interlocal Agreement wherein the City has agreed to provide materials and the County has agreed to provide labor and equipment for the installation of the parking lot surface. Events Facilities has agreed to install the miscellaneous project appurtenances that Tarrant County is unable to provide, including fencing, electrical connections for use by recreational vehicles, storm drain improvements, and parking bollards. City participation in the proposed CFA would be a reimbursement to Events Facilities not to exceed $90,851.00 for engineering design of the project. The estimated total design cost is $150,000.00 The estimated costs of community facilities for the Harley Avenue Temporary Parking Lot are as follows: Item Fencing Storm Drain Bollards Electrical Connections Engineering Design TOTAL Developer Cost $24,411.00 $42,840.00 $2,500.00 $21,100.00 $59,149.00 $150,000.00 Citv Cost $0.00 $0.00 $0.00 $0.00 $90,851.00 $90, 851.00 Total $24,411.00 $42,840.00 $2,500.00 $21,100.00 $150,000.00 $240,851.00 Execution of this CFA would entail the allocation of the 2004 Bond Harley Relocation funds in the amount of $90,851.00. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers Submitted for Citv Manaqer's Office by: Originatinq Department Head: FROM Fund/Account/Centers C200 531200 207230014330 $90,851.00 Marc Ott (8476) Robert Goode (7804) Additional Information Contact: Tom Leuschen (2442)