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. -- - �� - -- - _ = _ _ _ ,
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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
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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
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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
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Approval Recommended:
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Co��r�c� Authoariza�iQ�:
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ATTEST:
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Marty Hendrix
City Secretary
Approv,e�to Form:
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ssista Cjty` Atto ey
ATTEST:
Corporate Secretary
Maintenance Yard — Will Rogers Temp. Parking
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Transportation and Public Works
Department
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Robert Goode, P. E.
Director
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City � rt'�h
Marc Ott
Assistant City Manager
DEVELOPER
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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)