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Home My WebLink AboutContract 37042COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No-.LI WHEREAS, USTC DEVELOPMENTS, LLC, hereinafter called "Developer", desires to make certain improvements to Lot 1R, Block 19 of the Mark IV Business Park Ph. A-R 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 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: L 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 fmancial security prior to project completion and acceptance by the City. J Lot 1R, Block 19 / Mark IV Bus. Park CFA Number 1/30/2008 i 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 H, 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 injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or emplovees. 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). Lot 1R, Block 19 /Mark IV Bus. Park 2 CFA Number 1/30/2008 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 (A4) None; Paving (B)Attached Storm Drain (134) 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 A. The Developers) 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 and B l . 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 and B 1. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 11,617.19 Lot 1R, Block 19 /Mark IV Bus. Park 3 CFA Number 1/30/2008 SUMMARY wV COST Lot 1R, Block 19 Mark IV Business Park Phase AMR Item Developer Cost City Cost Total Cost A. Construction 1. Streets $ 6,545.50 $ 6,545.50 2. Storm Drainage $ 4,416.00 $ 4,416000 3, Street Lights 4. Street Name Signs B. Engineering Design C. Construction Engineering and Management by DOE 4% $ 438.46 $ 438.46 D. Materials Testing by DOE 2% $ 219.23 $ 219.23 TOTALS 1 $ 11,617619 $ 11,617,19 Notes: l .All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (41/o) 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 for Item D represents two percent (2%) of paving and storm drain costs for materials testing. Lot 1R, Block 19 / Mark IV Bus. Park 4 CFA Number 1/30/2008 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, and said Developer has execute ins ent in triplicate, at Fort Worth, Texas this the day of 520080 Approval Recommended: ATTEST: Ma Hendrix City Secretary ATTEST: Corporate Secretary Lot 1R, Block 19 /Mark IV Bus. Park CFA Number 1/30/2008 Transportation and Public Works SiM✓�r�klS I r . Ci of F� ort�Wortl� Assistant City Manager DEVELOPER USTC DEVELOPMENTS, LLC Member NOT TO SCALE s� 43 N O O 9F8 8� MR a oa g�_� Q"s m RIS E Fm Nil N OVN+m�1 4 I gill mom r 01 no W �• a. �• o e ..Im �rn X d� m ,1tw m Zo fD J co V+C�W �� I N e e O e• egu� m UNIT V: SUMMARY PUBLIC INFRASTRUCTURE COST ESTIMATES TOTAL AMOUNT BID WATER: $0.00 TOTAL AMOUNT BID SEWER: TOTAL AMOUNT BID STORM DRAINAGE: $4,416.00 TOTAL AMOUNT BID PAVING: $69545.50 GRAND TOTAL AMOUNT BID: $10,961.50 BMW7038 USTC Mark IV Business Park Printed 1/30l2008/2:12 PM l JKi_ _ S . ITME NO. ii APPROX. QUANTITY SIT DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish & install, including all appurtenant work, complete in place, the following items) 11 960 1 SF Sawcut and pavement removal. THREE DOLLARS AND FIFTY CENTS PER ISQUARE FEET. $3.50 $3,360.00 Lime Stabilized Subgrade. TWO DOLLARS AND FIFTY CENTS PER ISQUARE YARD. 11 $2.50 1 $267.50 2 107 J1 SY Lime (27 lbs / SY). ONE HUNDRED FIVE DOLLARS AND ZERO CENTS 11PER TON. $105.00 $147800) 3 1 1.4 11TON 4 1 107____Al SY 7" Reinforced Concrete Pavement, complete and in place. TWENTY FIVE DOLLARS AND ZERO CENTS PER SQUARE YARD. $25.00 $2,675.00 5 IL48 LF 6" Concrete Curb. TWO DOLLARS AND ZERO CENTS PER LINEAR IFEET. IL$2.00 $96.00 TOTAL AMOUNT BID PAVING: $6,545.50 BMW7038 USTC Mark IV Business Park Printed 1/30/2008 / 2:12 PM UNIT III: STORM SEWER ITEM NO. APPROX. UANTITY UNIT] I DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT (Furnish & install, including all appurtenant work, complete in place, the following items) 1 1 92 LF 27" Reinforced Concrete Pipe, Complete and in place. FORTY EIGHT DOLLARS AND ZERO CENTS PER LINEAR FEET $48.00 $4,416.00 TOTAL AMOUNT BID STORM SEWER: $4,416.00 BMW7038 USTC Mark IV Business Park Printed 1130/200812:12 PM