Loading...
HomeMy WebLinkAboutContract 37055COlVLVIUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARR.ANT § RECITALS Contract No. 31 Ob5 WHEREAS, Cross Development Keller, LLC, hereinafter called "Developer", desires to make certain improvements to Golden Triangle Blvd. between Alta Vista and Katy Road an addition to the City of Fort Worth, Texas, described on Exhibits "1," attached hereto; and WHEREAS, the said Developer has requested the City of Fort Worth, aHome-Rule Municipal Corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, hereinafter called "City" to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL SY 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, except for such deviations specifically approved by the Fort Worth City Council in adopting the Mayor and Council Communication authorizing execution of this Community Page 1 of 6 Facilities Agreement. B. The requirements of the Policy shall govern this Community Facilities Agreement ("Agreement"), provided, however, that any conflict between the terms of this Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security for its portion in accordance with Section II, paragraph 6 of the Policy. Golden Triangle Blvd. CFA 2007100 05-08-0 6 A 7 U: 5 7 IN 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 H, paragraph 7 of the Policy. F. The contracts for the construction of the public infrastructure shall be administered in conformance with Section II, 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 construct the Improvements required herein. I. In the event that City participation exceeds $25,000.00, Developer agrees that no construction 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). rT ^'L,J..0 Page 2 of 6 Golden Triangle Blvd. CFA 2007100 VJll L "c 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 the Improvements as shown on the exhibits attached hereto. The following exhibits of the Roadway Facilities are made a part hereof: Water Facilities (A) None; Sewer Facilities (A-1) None; Paving Facilities (B) Attached; Storm Drain (B4) Attached; Street Lights and Signs (C) None. 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 Page 3 of 6 A. The Developer agrees 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," and "B 1 ". B. As shown below in the "Summary of Cost for Roadway and Storm Drain Facilities," the Developer shall fund their share of the Improvements and shall pay for their share of the cost of the Improvements as shown on the attached Exhibits "B," and "B1". The estimated cost of the Improvements and related support services specified in this Agreement, including design, construction and inspection is estimated to be $706,558.90. Golden Triangle Blvd. CFA 2007100 SUMMARY OF COST FOR ROADWAY AND STORM DRAIN FACILITIES Item Developer Cost Construction 1. Streets 2. Storm Drainage 3. Street Lights 4. Street Name Signs B. Engineering Design C. Construction Staking D. DOE (4%) E. Materials Testing (2%) $366,565.00 $26,662.60 $13,331.30 City Total Cost Cost $3003000.00 $666,565. $26,662.6 $13,331.3 TOTAL � $406,558.90 $300,000.00 $706,558. C. Once every thirty (30) days, Developer may submit a written request for partial payments accompanied by copies of the invoices from Developer's contractors to the Director of the Department of Transportation and Public Works ("Director"). The Director or his/her designee shall have ten (10) business days to review each partial pay request submitted by Developer and to contest any disputed amount in writing. If no contest is made within ten (10) business days of receipt of a partial pay request, the request shall be deemed approved. If the Director or his/her designee timely and reasonably objects to any portion of the partial payment request, then a written objection shall be delivered to Developer during the review period. The written notice shall set forth objections in reasonable detail. The undisputed portion of the partial payment request shall be paid within thirty (30) days of receipt of the partial payment request. Developer shall exercise good faith efforts to cure the objectionable items to the City's reasonable satisfaction, and the process set forth above shall be repeated __._until the paymen request is completely approved and fully paid. In no Page 4 of 6 u Golden Triangle Blvd. CFA 2007100 event shall the City's participation under this Agreement exceed $300,000.00. (Remainder of Page Intentionally Left Blank) Page 5 of 6 ,vJu� Golden Triangle Blvd. CFA 2007100 N 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 have executed this instrument in triplicate, at Fort Worth, Texas this the day of 2008. CITY OF FORT WORTH: FERNANDO COSTA ASSISTANT CITY MANAGER APPROVAL RECOMMENDED: �ONS, P. E., ACTING DIRECTOR TATION & PUBLIC WORKS s AMY J. ASSIST ATTEST: CITY SECRETARY AUTHORIZATION: M&C ` �-s �© DATE: L Page 6 of 6 DEVELOPER: Cross Developmenjj.eller, By: DIRECTOR OF Golden Triangle Blvd. CFA 2007100 J J Z N Omw Q Q X VOOl W cwo FACD 43 o kAj WOOL CL W • o L Z z W I o 0 (LLB) I.MH WiN7 •OPJ )dVA e ° No C " o ® e J � e. o W -0j�ke Y � Kac ® coy` e {� e c � o IL^I�- •�h 4 OH 311H 03� 3 z Cis � o v J o Q o " d1SUN dl V CL •1S HOV39 0 ]41r tn o City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/6/2008 SUBJECT: Authorize Execution of a Community Facilities Agreement an Amount Not to Exceed $300,000.00 for the Construction Boulevard Between Alta Vista and Katy Road RECOMMENDATION: It is recommended that the City Council: with Cross Development Keller, LLC, in of a Box Culvert Across Golden Triangle 1. Authorize the City Manager to execute a Community Facilities Agreement with Cross Development Keller, LLC for the Construction of a box culvert across Golden Triangle Boulevard between Alta Vista and Katy Road with City participation in an amount not to exceed $300,000.00; and 2. Waive the limitation of Section II, paragraph 11 of the Policy for the Installation of Community Facilities that limits City participation and recommend City participation in accordance with Local Government Code 212,072 and the Unit Price Ordinance Nos. 14552 & 17967-02-2008. DISCUSSION: The 2004 Capital Improvement Program included funds for Community Facilities Agreements (CFA) Obligation to provide funds for City's cost participation for new development projects in the City, as set forth in the policy for the installation of community facilities. Cross Development Keller, LLC (Developer) would like to construct the box culvert that is required for Golden Triangle Blvd, now instead of waiting until proposed construction of the roadway project next year. The Developer will share in the cost of this project by building the required box culvert as established in the attached Community Facilities Agreement (CFA) and the table below. The estimated total cost of the improvements and related support services, including construction, project management fees, engineering, surveying and inspection is estimated to be $706,558.90. Staff recommends participating with the Developer to have this box culvert across Golden Triangle Blvd, completed as soon as possible because of extensive citizen input concerning the need in this area. Based on unit prices from Ordinance Nos. 14552 & 17967 and the estimated project quantities, it has been determined that the City's participation shall not exceed $300,000.00, The summary of cost associated with the construction of the box culvert crossing Golden Triangle Blvd. are as follows: ITEM A. Construction 1. Streets SUMMARY OF COST FOR PROJECT DEVELOPER COST CITY COST TOTAL COST 2. Storm Drainage 3. Street Lights 4, Street Name Signs B. Engineering Design C. Construction Staking, Admin D. DOE (4%) E. Materials Testing (2%) TOTAL $3661565,00 $300,000,00 $6667565,00 $26,662.60 $26,662.60 $13,331.30 $13,331.30 $4061558.90 $300,000,00 $706,558,90 Construction plans have been prepared by Teague Nall and Perkins, Inc. and have been approved by the City of Fort Worth, Department of Engineering (No. 5728). The developer has obtained construction bids for the proposed work and the work will be authorized to begin with the approval of this CFA. This project is located in COUNCIL DISTRICT 2, Mapsco 23J. FISCAL IiUFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the New Development Fund, TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers C202 541200 202760081883 $300,000,00 Fernando Costa (8476) Greg Simmons (7862) Jim Walker (8009)