HomeMy WebLinkAboutContract 37090COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, Tarrant County College District, hereinafter called "Developer",
desires to make certain improvements to Tracts A & B, Junior College Addition, 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, Parker, and Wise 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 Leonardo de la Garza, Ph.D.,
its duly authorized Chancellor, and the City, acting herein by and through Fernando
Costa, its duly authorized Acting 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 and subsequently amended by the City
Council of the City of Fort Worth, 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. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
; �.'`'?' i`,1�` Policy.
Governmental Entity CIA TPW
TCCD — SOUTHCAMPUS PAVING — CFA 2007-117
MARCH, 14, 2008 pg. I of 5
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, subcontracts, 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 injuries, death or
damakes are caused, in whole or in part, by tine alleued neulimeuce of
the City of Fort wroth, 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. Developer agrees that the City shall not be responsible for any
inadequacies in the preliminary plans, specifications and cost estimates
supplied by the Developer for this Agreement and hereby releases the
City from same.
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 1234).
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.
Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to
Governmental Entity CFA TPW
TCCD - SOUTHCAMPUS PAVING -CFA 2007-117
MARCH, 14, 2008
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 (A4) 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 for 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 Developers) agree to install or to cause to have installed, the streets,
storm drainage, street lighting, street name sign and other community
facilities improvements shown as "current improvements" on the attached
Exhibit B.
B. As shown below in the "Summary of Cost for Paving Facilities", the
Developer shall fund its share of "current improvements" and shall pay to
the City for its share of the cost of streets and paving as shown on the
attached Exhibit B. The estimated total cost of current improvements and
related support services specified in this agreement, including design,
construction and inspection is estimated at $ 323,180.00
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Governmental Entity CFA TPW
TCCD - SOUTHCAMPUS PAVING -CFA 2007-117
MARCH2 141 2008
SUMMARY OF COST
Project Name Tarrant County College - South Campus Paving
DOE #5676
Item
Developer
Cost
City Cost
Total Cost
A. Construction
$ -
1. Streets
$293,800600
$ 293,800000
2. Storm Drainage
$ -
3. Street Lights
$0.00
$ -
4. Street Name Signs
$0.00
$ -
B. Engineering Design
$ -
C. Construction Engineering
and Management by DOE 4%
$ 23,504,00
$ 23,504,00
D. Materials Testing by DOE 2%
$ 52876000
$ 51876000
TOTALS
$ 323,180000
$ -
$ 323,180.00
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.
Governmental Entity CFA TPW
TCCD - SOUTHCAMPUS PAVING -CFA 2007-117
MARCH, 14, 2008
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, and said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the t"'day of kil
520086
CITY OF FORT WORTH
Fernando Costa,
Assistant City Manager
ATTEST;
ol I
Marq Hendrix --
cl City Secretary NO M&C REQUIRED
DEVELOPER
Tarrant County Community College District
RIZED SI
Leonardo de la Garza, Ph.D.
ATTEST:
®avid N. Wells, Ph.®., ice Chancellor
Operations and Planning Services
Y,
Governmental >ntity CIA TPW
TCCD—'SOUTHCAMPUS. PAVING — CFA 2007-117
Approval Recommended:
Approved as
Amy J.
�, Acting Director
and Public Works
Form and Legality:
Assistant City Attorney
Chancellor
TITLE
MARCH, 14, 2008
RESOLUTION
THROUGH THIS RESOLUTION, the Board of Trustees of the Tarrant County College
District authorizes the chancellor to enter into agreement with the City of Fort Worth in
the form of a Community Facilities Agreement (CFA) for the "public" paving and
drainage for the South Campus Paving Improvements Project,
The Board thereby authorizes the chancellor, per the requirement of the CFA, to provide
a letter of credit or other guarantee acceptable to the City of Fort Worth in the amount of
$323,180 as a financial guarantee for the construction of the "public" paving and
drainage improvements.
THUS, THEREFORE, bit it resolved by the Board of Trustees of the Tarrant County
College District that the chancellor is authorized to enter into agreements with the City of
Fort Worth as specified in this resolution. Adopted this 4L7Vt day of ,�Zoo 8;
J/1�Irdis Bell, M.D.
Board of Trustees
Attest:
Robert Mc , Jr.
Secretary, o d c
Tarrant,.
County
College'
District
OFFICE OF
FACILITIES PLANNING
March 129 2008
828 Harwood Road •Hurst, Texas 76054 • (817) 515-8050 •FAX (817) 515-8055
City of Fort Worth
Transportation & Public Works Department
Development Section
1000 Throckmorton Street
Fort Worth, Texas 76102
RE: Service Authorization 02 —Paving Improvements
Tarrant County College District — South Campus
To Whom It May Concern:
This letter serves as assurance that Tarrant County College District has funds available in
the required amount of $293,800.00 for the Public Portion of the South Campus Paving
Improvement Project located at 5301 Campus Drive, Fort Worth, TX 76119.
If you need additional information, please contact me at (817) 515-5203.
Sincerely,
. Gonzales
Vice Chancellor for Financial Services
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FINAL PLAT TITLE BLOCK
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DATE: 12/12/07
NOT TO SCALE
PROJ. NO, 03-105201
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TARRANT COUNTY COLLEGE
SOUTH CAMPUS
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DATE: 12/12/07
PROJ. NO, 03-105201
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EXHIBIT Cl —
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TARRANT COUNTY COLLEGE
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PROJ. NO, 03-105201
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