HomeMy WebLinkAboutContract 35162 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.a l lL�
WHEREAS, Sycamore Partners, Ltd., hereinafter called "Developer", desires to
make certain improvements to The Trails of Willow Creek, 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:
1. 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 ? of the
Policy. { Vl�'�'
CFA TPW RR Culverts.doc
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, 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 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
CFA TPW RR Culverts.doc 2
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 (A-1) None; Paving (B)
Storm Drain (B-1) Attached; Street Lights and Signs (C) aeked- /lam
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 Developer(s) 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 and
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 ExhibitsQ
and-V. The estimated total cost of current improvements and related
support services specified in this agreement, including design,
construction and inspection is estimated to $178,806.10.
CFA TPW RR Culverts.doc 3
SUMMARY OF
COST
The Trails of Willow Creek-RR Culverts
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $0.00 $ -
2. Storm Drainage $168,685.00 168,685.00
3. Street Lights $0.00 $ -
4. Street Name Signs $0.00 $B. Engineering Design $C. Construction Engineering
and Management by DOE $ $
4% 6,747.40 6,747.40
D. Materials Testing by DOE $ $
2% 3,373.70 1 1 3,373.70
---7$ $
TOTALS 178,806.10 $ - 178,806.10
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
2. Developer's column for Item C represents four percent (4%) 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.
CFA TPW RR Culverts.doc 4
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 a aid v 1 per
has executed this instrument in triplicate, at Fort Worth, Texas this tia
2001
Approval Recommended:
Transportation and Public Works
Department
��
Roberti ode, P. E.
Director
tCityFo t h
NO M&C REQUIRED
Marc Ott
Assistant City Manager
ATTEST:
Marty Hendrix
City Secretary
4Asiro
s to For
Sycamore Partners, Ltd.
ty Attorney by ; S�� co�r�ore 6?,snC
ATTEST: DEVELOPER
By: G%%� Pt ed Id ear
C orate e r t
.rj,
EC"Qk
CFA TPW RR Culverts.doc
ENGINEER'S OPINION OF PROBABLE COST
Date: 11/02/2006 Project: Trails of Willow Creek Client: Arcadia
Job No: 10075 Location: Fort Worth, Texas Page: 1 of 1
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
Storm Drain Facilities
1. 78" Steel Pipe L.F. 150 $925.00 $138,750.00
2. 12" Gabion Mattress S.Y. 125 $115.00 $14,375.00
3. Trench Safety L.F. 150 $1.50 $225.00
10% Contingency $15,335.00
Storm Drain Subtotal $168,685.00
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
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