HomeMy WebLinkAboutContract 28110�
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C�MMUNITY FACIL.ITIES AGREEiVIEfVT
TH� STATE �F TEXAS )( City Secretary
COUf�TY �F TARRANT )( Contract No. ; Y_
WHEREAS, Fort Wor�h Independent School (FWISD}, hereinafter called
"�eveloper", desires to ma�e certain paving im�rovements to Wesf Dashwoad
Street to serve Trim�le Tech High Schooi, Lot R-1-1, Fields Welcl� Addition, an
addi#ion to the City of Fo�t Worth, Texas; and
WHEREAS, the said D�veloper has requested the City of Fort Worth, a
municipal corporation of Tarrant and Denton Caunties, Texas, hereinafter called
"City", io do certain work in connection with said improvements;
N�W, THEREFORE, KN4W ALL BY THESE PRESENTS:
That said De�eloper, acting herein by and through Walter Dansby, i#s �uly
authorized Deputy Superinf�ndent and the City, ac#ing herein �y and thraugh
Bridgette Garrett, its duiy authorized Interim Assistant City Manager, far and in
considerat�on of the covenants and conditions contained herein, do hereby agree
as �'ollows:
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GOlVI[VYUiVIiY �ACIL�iIES �f����NY�NT
to ins�al[
S`�RF�T, SiB�IVI DRAIP�, 5i���i LICHT �+f�� S�'��I�T f�Afl�� SIGN
IflIIPROVEfl���lYS �'��t
W�Si ��°.�bl�O�D �i���i � T�CH HIGI� SCI�OOL
A. The Fort Worth Independent School District, henceforth referred to as the
"Devefoper" agr�es to install or to cause to have installed, the street, siarm
drainage, street lighting, streef name sign artd other community facilities
improv�ments shown as sF�own on "current impro�ements" on the attached
Exhibits � ARlD C.
B. The Developer agrees �o comply with'all city accepted practices, ordinances,
regulations, as well as provisions o� the City Charter, the City Subdivision
Ordinance, Cify Design Standards and the current Policy for lnsfallation of
Community Faciiities in the design, cor�tracting and installafion of required
"current improvements".
C. The Develop�r agrees to comply with the General Requirements contained
herein. (Attachment A).
D. As shawn on the aftached "5ummary of Cost", the De�eloper agrees �o fund
his share of "current impro�ements" and to pay the Ci�y for his share of tt�e
cost of street, s�arm drainage, sfreet lighting, str�et name signs as shawr� on
the a#t�ched Exhibits � and � .
E. Payment is due at the time this agreement is ex�cuted �y the City and the
Develo�er.
F. The estimateci total cosf of eurrent improvements and related support
S�NIG�S specifed in fhis agreement, including design, canstruction and
inspectior� is e�tima#ed to �� 44,213.aQ.
In accordance with tne City's current Policy for Installation of Communifiy
Facilities as shown in the Cost Summary or� page 3.
The Developer sha11 contribute �o�fars $6�.797Aa of the total amaunt.
The Cify sha[I contribu�e �ollars �75,416.00.
G. De�eloper agrees to �rovide, at his expense, all necessary rights of way and
easemer��s required to construct current and future �mprovements provided
for in this agreement.
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H. De�eloper agrees to relieve the City of any responsibilities for any
inadequaeies in the preliminary plans, specifications and cost estima�es
supplied for the purpose of this contract.
I. De�eloper also agrees to ins�all or adjust all of tfi�e required utilities ta serve
the development or to construct the impro�emen�s required herein.
J. Developer agrees that na stree# construction or storm drainage wil[ begin prior
to City Council approval of this Community F'acilities agreemenf. (Article
904.�00, Ordinance 7234).
K. Developer agrees that no [ot sF�all be occupied un�ii impro�emenfs required
herein
ha�e been constructed (Article 104.100, Ordinance 7234).
L.. Developer agrees to complete the improv�ments cavered by fhis agreement
within 90 calendar days after having been instructed to do so, in writing, by
the Director of Transportation and Public works. lt is undersfiood fihat the
d�velop�r will initiate the canstrucfion of all improvements to conform with his
own schedule, except for those impro�ements which #he Transportatior� and
P�blic Works Director deems necessary for the proper and orderly
deWelapment of #he area. In the event Developer fails to carry out any such
instructions within the 90-day period, the De�eloper gives the City the right fo
design and award a contract, and inspect the improvements in question, and
agrees to pay to the City prior to ihe award of tne contract, the amount of the
low bid.
M. City participat�on in "current impro�ements" shall not exceed 125% o� cost
shown in Summary of Cost.
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SU1IU�IIV��ii�iY Of� CQSi
- ��rn���� ��c� r�►�x scHoo�
Fr�r,�� vv��.�r�,�a��rlor� m w��� �a�a�ov� s�����
ltem
�eveloper �i�y �os� I %fal Cosf
Cost
A. Cor�str�ction
� 1. Streets $ 65,487.00 $ 65,48iA0 $
2. Storm Drainaq� $ - $ - $
3. 5treefi Lights $ 2,QpQ,QO $ 6,000.00 $
4. 5treet f�ame 5igns $ - $ _ $
,B. Engine�ring Design $ - $ 3,929.Q0 $
C. Cans#ructian �ngineering
and Managemenf by DOE (2%) $ 1,310.00 ('"1 $
TOTALS I$ 68,7g7,OQ I$ 75,4'[8.00 I$
NOTES:
1. All Preliminary PEats fil�d after July 11, 2000 will re�uire sidewalks on all streets.
Forty-two (42) feet and wider street include sidewalk cost.
5cho�l responsible for installing sidewalks along nor#h-half of West Dashwood 5#reet.
City respor�sible far sidewalk cost on south-half of street.
2. Construction items (1-2) cost includes 1p% contingencies for Developer and City.
3. Developer`s column for Item C represents fwo percent (2%) costs for construction
inspection and materials testing.
{*) Represents City participation for construction fees.
4. City not preparing plarts and sp�cificatians.
130,974.fl0
_
8,OOO.DO
3,929.OD
1,310.00
144,213.00
CFA CODE; 20198 3
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E. STREET L�GHTS.
1. STREET L�GHT COST ESTIMATE
INTERSECTIONS
MID--BLOCK RESIDENTIAL
CHANGE OF DIRECTIDN RESrDEN'I'IA7.,
MID-BLOCK COLLECTOR
MID-BLOCK ARTERIAL PARKWAY
MID-BLOCK ARTERIAL MEDIAN
RELOCA'I'� �X�STING LIGHT
0 EA $ 1500 $--0--
subtot�l �s,000.aa
eity�s cost $6,000.00
Deve7.oper's Suk�to�al $O, p04.00
10% Contingencies $O,D00.00
Project Total �0.04Q.00
Ad�acent Developer's Cost $0.000.00
Developer's Cost $U,QQ0.00
2% Inspection Fee $0,00.00
Developar's Res�aan.eibility See PG
r�I-1, "Line 7"
WEST DASHWOOD ST.
Novemher 28, 2001
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QUANTI�Y UNIT COST TOTAL COST
4 EA $ z,000 $8.00O.DO
0 EA $ 2.00Q $O,QQQ.Op
4 E.A $ 2,000 $Q,OQD.Op
0 EA $ 2,oao $--0--
D �A $ 2,8D0 $--0--
0 EA $ 2,200 $--0--
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�'or� Wor�h, Texas November 29, 2001
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2. STREET LiGHTS WORK DESCRIP�'IQN:
1. The Developer sha�7. prava.de for the a.n.s�allation a� streetlxgh�s ati
the approximate locations shown in Exhibit "C"', immediately after
final acceptan�e of the street COAStxUCta.OZ7.r an accox'dazice with
engzn.eeri�g plans and specifications approved by the Transportation
and Public Works Dc�partm�nt.
2. Streetl�.ght� on residential and /or colleetor streets can be
in.stalled using overhead or underground conductors with the approval
of the Direc�ox' a� Tx'anspax�a�ian and Pub1iG Works.
3. 5tr�c�tlights on artexiaJ. s�reets sha11 be instal�ed with underground
conduit and conductors.
4. The Developer shall provide for the installation ot a 2-in�h
sch�dul� 40 PVC conduit at a dep�h no� less than 30 inches and at
least 18-inch behind the curb, "cl.ear from all other utilities".
5. The Developer shall p�ovide for the ixxstallatian of a 2-inch
schedule 40 PVC canduit between streetlights proposed for
i�a,stallation and the pawer source �.o become opera�iona.l.
6. A 3-a.zzck� schedule 80 PVC conduit is required when cx'ossing s�reets
at a depth not less thaz�. 30 inches, unless indicated otherwis� on
the plans co�crete pull bo�es shall be provided at the crossa.ng
points.
7. St�eet light aonduit and foo�ing� shall be installed by the
developer's cora�ractor as part ot and at the �ime of street
cora.struaGian. The city wi11 obtair� electric serviae a�d comple�e �he
street 1.ight construction in accordanae with approved plans.
S. The devel.oper ar �heir contractor ehall contact City's street light
division 48 hours prior to starting any �ns�alla�ion o� conduit
and/or streetlight� a� (817} 871-8100 to insure proper insp�Ction of
work.
9. The procedure fox� a.x�.s�alling conduit and �oatings wi11 be with the
inspeato� pn the job site or you casi request a capy by callzng 817-
871-6596.
i+P�ST bASHW04D ST.
November 28, 2001
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"STREET LYGHTS"
xNT�RS�C'.�IONS
WEST DASHWOOD 5T & SOUTH HENDERSON a�T 1
WEST DASHWODD ST & SOUTH ADAMS ST 1
W�ST DASHWOOD ST & WASH�N�TON ST 1
WEST DASHWOOD ST & COLLEGE AV �.
WEST DASH4ITOOD ST.
ATTACHNIENT A
GE�l�RAL R�O.UiREMENTS
A. {t is agreed and �nderstood by the parties hereto that the dev�laper shali
empiay a ci�i{ engineer, . iicensec! to practice in the State of Texas, fnr the
design and preparatian of pfans and specifications for the construction of a!f
current impro�ements covered by this contract, subject to Paragraph B.
B. For any prnject estimated to cost less tha� $10,000 or far any project
designed to serve a single (ot or �ract, t�e developer may at his option request
the City to provid� the design engin�ering, and if such request is granted, the
develaper shali �ay to t�e City ar� amount equa! to 10 percerit af the fiinal
canstruction cast of such prnject for such engineering services.
C. In the event the develo�er employs his own engineer to prepare ptans and
specifications �for any ar a11 current improvam�nts, the plans and sQeei#icatio�s
so prepareci shall be subject to approval by the departmerrt having jurisci�ction.
Or�e {1� re�roducibfe set of plans with 15 prints and 35 specificaCions fior each
facility sha11 be furnished the ciepartment ha�ing jurisdiction. !t is agreeci and
understoati that in tF�e even� of any disagreeme�t an the plans and
speci�ications, the ciecision of the Transp�r�tationlf'ublic Works Department
Directar, andlor Water De�artment Director will be final.
�. It is further agreec) and understood by the parties hereto that upon acceptance
by the City, titie to all 'facilities and improvemer�ts mentioned hereinabave sha{l
be v�sted at all times in the Ci�y of Fort Worth, and developer hereby
relinquishes any right, titfe, or interest in and to said faci{ities or any part
hereof.
E, lt is furtF�er agreed t�at the dec+sion afi the City to not collect funds for "future
improvements"' required in previous CFA agr�ements does not constitute an
obligatian on the part of the City to construct such "future improvements" at
its expense.
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F. Wark hereunder shafl b� compieCed within two i2) years fram date t�ereaf, an
it is understood that any a�iigation on tF�e part of the City to make any refunds
with res�ect to water andlar sanitary sewer facilities or street, storm �rain, '
street light and street name sign sha1l cease upon fihe expiration of two (2)
years from ciate h�reof, except far refunds due f�am "front f�at charges” an
water and sanitary sewer mains, which refun�s may continue ta be made for a
period of ten �10) years commencing on the date t�at approach mains are
acca�ted by the Directar. If fess than 70% ofi the eligible callections due to
tt�e clevelopef has bean �oilacted, the Developer may request ir� writ�ng a�
extensior� of up to an additianal 10 years fo� �collecfiion of front charges. If the
construction ur�der the Community Faci{ities Contract shalf have started within
the twa-year period, the �ife of ti�e Cammurtity Facilities Cor�tract shall be
extended for an acl�itional ane-year period. Community Facility Contracts nat .
completed within the time p�riods stated �bove wiii requira r�n�u�;ai af ihe
contract with a!l updated agreements 6eing in cnmpliance wi�h the policies in
eff�ct at the time of such re�etival, De�elopers must recognize �hat City funds
may r�ot be availabfe �o pay' all or a portion of the narma! City share for
reriewal �o�tracts. It must be understood by a11 parties ta the Community
Facilities Contract that any af the faci4ities or �equirem�nts included in th�
contract that are ta be perfiormed by the de�elaper, but not performed by the
developer within the time p�riods stated above, may be compfeted by the City
at the developer's expense. The City of Fort Worth shall not be ob{igated ta .�
make any refunds due �o the devefoper on any facilities constructed under this
. agreement until a11 provisions af the agreement are fulfil{ed.
G, P�RFORMANCE AND PAYMENT GUARANT�ES
1, For Street. Storm Drain. Street Liaht and Street Name Sian
Irnpro��ments to be Constructed f�v the Deve�ot�er vr Cit� on Be�talf of
the Develaner:
PerfQrma�ce and Payment bonds or cash deposits acceptabl� to the City
are required ta be furnished by the de�eloper fofi th� instalfatian o#
streets, storm drains, street lights, and street name signs, on a nor�-
assessment basis, and must 6e furnished to the City prior to executi�n
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of this cor�tract. The performance and payrnent bonds sha14 be in the
amount af one hundred percent (i�0%}- of the de�eloper's estimated
sF�are af #he cost nf the str�ets, storm drains, street lights, and street
name signs. If the deposit is in the form o� cash, the deposit shall be ir�
the amount af o�e hundred twe�ty fi�e pe�ce�t (125%) of the
develop�r's estimated cost of the streets, storm drains, street lights,
street nama signs, an� change arders tduring the course af �he project).
2. For Fu#ure fmprovement;
Performance and payment bonds ar cash cieposits, acceptable to the
City are required ta be furnished by the daveloper �or one hundred
pe�Cer�t (10Q%? of the developer's estirr�ated cost resulti�g '#rom_ the
paving, drainag�, fighting and name signa3� af b�rd�r str��ts on � an
assessment paving basis. (Reference S�ctian VI, Item 3, De�eloprnent
Procedures Man��a1.� Said performance and payment bonds or cash
deposits must be furnished to the City prior to execuiion of this
cnntract.
W�ere the City lets the contract, perfiarmance and �ayment bonds shall
be de�asiteti, ir� the amount of one hur�dred perc�nt (1 �D%) of the
estimated cost of canstruction as stated in ti�e canstruction cor�tract, is
required prior ta issuance o� a work orcfer by the City.
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3, For Water arrd Sanitary S�wer Facilities:
Pe�forma�ce and payment bonds, or cash deposits, accaptable to the
City are required to be furnished by the develo�er for the instalfation of
water and sanitary sewer facititi�s.
a. Wi�ere the c�eveloper lets the canstruction contract for water and
sanitary sewer facilities� performance and payment bonds shall be
deposited, in t�e amount of ane hundred percent {1Q0%) of the
estimated cost of constructian, cash deposited shall be in the
amaunt of one l�undred twenty-five p�rcent �125%), as stated in
the canstr�ction contract, is fequired ta �ae furnished simultaneaus
. with exec�tion of the constructian contract.
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b. tNhere th� City lets the contract, parformance and paymer�t hor�ds
shall be deposited, in the amount of one hundred percent {10�%)
at the estimated cast of construction as stated �n the constructio�
cantract, is requir�d prior to issuance af a work order by the City.
4. Tvpes of Guarantees:
a. Performance ar�d Pavment Bontfs: Are required for the
construction of streets, storm drains, street lights, and street
narne signs, the following terms and conditions sha1E apply:
�1) The bo�tds will be standard performance and payrnent bonds
pro�ric{ed by a ficensed surety �om}�any an forms fiurn�shed
t�y that surety corr}�ar�y.
(2) The bonds will Y�e su�ject to tha revi�w and approval by the
City Attorney.
(3� The performance bonc� shall be payable ta t�ne City a�d si�a11
gUarantee performance o# the street, storm cirain, street
light, and street name sign construction contemplated under
this contract.
(4} T�e payment Bor�d shall guarantee paym�nt fo� all labor,
maCerials and equipment fium�shed ifl connection with the
street, storm drain, street light, and street name sign
canstruction con#empl�tec3 �nder this contract,
(5) In order for a surety company to be acceptable, the name ot
the surety shall be inciuded on the current U.S. Treasury list
af acce�tat�le sureties, and the amount of bond written by
any one acceptable company sha{{ not exceed the amount
shown o� the Treasury list for that com�any.
b. CasF� Denosits: A cash depos�t shall be aceeptable with
�erification that a� attempt to secure a band has been denied,
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such deposit sha1� t�e made in the Treasury of the City of Fort
Worth. The City af Fort Warth wifi not pay interest on any such
cash depasit.
{1) At such time that the cantract is bici for projects other than
assessment projects, the cash deposit shall be adjusted to
one hundred twer�ty fiv� perce�t (� 25%? af the actual bid
price. No contract shall be awarded an� na work orde� shali
be issued until such adjustment is made.
(2j When a cash deposit is made, the additional twenty-five
p�rcent (25%) beyor�d� the one hundred percent (100°/a7 of
the estimated develapar's share rapresents additional funcis
for chanc�e ard�rs during the course o# i�re proj�ct. This
twenty fii�e p�rcent (25%) sha11 �e conside�ed the
de�efoper`s change order f�nd.
(3� lf tF�e deveioper malces a cash deposit with the City, t1�e
de�elaper may make timely withdrawals from th� cash
funds in order ta pay the contractor andlor subcontracto�
i�ased an amount of construction work completed as
ap,�ro�ed and verified by the Ci#y Engineer ar authorizeci
repr�sentative. For prajects wnose actual total contract
cost is 5400,000 ar gr�a#er, suci� releasp ofi seeurity sha11
eqt�al �he percentac�e of work completed far that period
multiplied by ninety-fi�e percent (95%}. This percentage
� s�a11 be applied to �he act�al current total contract cost ta
dete�mine the amount that may be reduced upon request af
de�eloper. Fo� pro�ects whose actual tatal can�ract cost is
fess than 5400,000, such release ofi security shali equal the
percer�tage of work completed fior that perioe� rnultiplisd by
ninefiy percent (90%}. Tt�is �ercentage shall then be appli�ci
t� the actual cur�ent total contract cost to determine the
amount of security fihat may tae reduced upon request of
cieveloper. The remaining security, five percent (5%1 tor
projects of $400,000 or greater and ten percent (10%j far
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prajects less than S4C}0,040 tagether with the remainir�g
funds #rom t�e Developer's Change Urder Fund, if any, will
be rel�ased to t�e de�elope� after the project has bee�
accepted by the City. Partia! release of funds shali be limited
to or�ce �er mo�th. There shall be no partiaf re{ease of f�nds
for prajects of less than $ 25,000. Proof that the devebper
has paid the cont�aetor sha11 be required for partial releases.
5. P�rpase. Term and Renewal of Guarantees:
a. Perfo�mance and payment bands, and cash deposits furnished
, hereunder s�all 6e for the purposes of guaranteeing satisfactory
com�liance by the develn�aer with a11 requirements, terms , and
carrditians afi tnis �:graen-�en�, inc?uc;i�:;;, bu� n�t ISmited ta, thti
satisfactory com�letion af the im�rovements prescri�ed herein,
and the rnaking of payments to any Qerson, firm, corporation or
other entity �,vi�h �x�nom tha davekoper ha� a direct contractuai
relatianshi� for the �erformance of wark hereunder.
b. Developer shaU keep said performance a�d payment bonds, andlor
cash deposits in fuli force and effect until such time as developer
has � fully compli�d with the terms and co�ditions flf this
agreeme�t, and f�ilure ta keep same En force and effect sha11
constitute a defauft and l�reac� af this ac�reement.
H. The City shall assume its share of tl�e cost of ti�e im�rovements cave�ed 6y
t�is agre�ment along with the engineering �ee only if funds are availa�le for
such participation. ln the event that no funds are a�ailabke fo� City
participation, ti�e deve�a�er sha11 award the contract and deposit with the City
a perf�rmance and payment bonds or cash for 1 �0 percent of tl�e estimated
total cflnstruction cost of t�e impro�ements [plus ten pe�cent [10%) for
engineerin.g and miscellaneous costs if the City prepares the plar�s}.
!. On e11 facilities included in this ag�eement �or which the devekoper awards its
own canstruction contract, the developer agr�es to folfow the follawing
pracedufes:
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1. If the City participates ir� the cost af the facilitias, the canstr�ction
contract must be advertised, bid and awarded in accordance with 5tate
statutes prescribing the requirements far the fetting of contraets for tt�e
construction af pubfic work. Yhis i�cludes advert�s�ng in a(ocal
newspaper at least twice in ane or mare newspapers of g�nera!
circulati�n in the county �r counties in which the wo�l� is ta be
performed. The second pubfication must be an o� befare the tenth
(10th} day befare the first date bids may lae submi�ted, The bids must
be opened by an ofificer or employee of the City at or in an office afi the
C ity .
2. To employ a co�st�uction contractar, who is approved by th� Director of
tt�e Department having jurisdiction over the facility to be so cons�ructed,
said contractor ta me�t C�ty's reac�iramur,ts for b��, �� insureu, lie�nse�
and bonded to do worlc in pub�ic right of way.
3. To require the co�tractor to fiurn+sh to tF�e City payment, performance
and mai�tenance loonds in ti�e names of the C�ty and the daveloper for
�ne hundred percent (100%j ❑f t�e contract price o# the faci{ity, said
bonds ta be furt�ish�c) before work is comm�nce. Develaper �urtF�er
shall require the cantractor to provi�e public liability insurance in the
amflunts required by the City's specifiications coverinc� that particular•
work.
� 4, To give 48 hours notice t� the dep�rtmen# hav�ng jurisdiction of intent
to commence construction ofi the facility so that City ir�spection
persvnnel will be available; and to require the contractor to allow the
constructia� ta be subject to insp�ction at any a�d a11 times by City
inspection �4fC�5, and not to install any paving, sa�itary sew�r, starm �
drair�, nr water pi�e unless a responsibl� City inspector is preser�t and
gives his consent to proceed, and to make such laboratory tests of
materials being used as may be required by the City.
5. To sec�re approval by t�e Dir�ctor of the Department having jurisdiction
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of any and alf partial and finai paymer�ts to the cantractor. Saici
approvai shall be subject to and in accardance with requirements of this
agreement, and is not to constitute approvai of the quantities of w�ich
payment is basad.
6. To �elay connectians of buildings ta se��ice lines af sewer and water
mains canstructed under ti�is evntract until said sewer and �vater mains
and service lines t�a�e been com�leted to the satisfaction a# the Water
De�artment.
7. lt is expressiy understood by and betwe�n the de�eioper and the City of
Fort Worth, that �n the event the de�eloper elects to award one single
construction contract for storm drainage and pavement, said contract
shall be se��rated in the bidding and City particapation, if any, shall be
limited ia the lawest possib{e cambinatio� of bids as if each Qf tt�e
abo�e were awardeci as separate contracts.
J. Ar�ything to tt�e cantrary herein notwithsta�din��, for and in consideratian af
the {�romises and the covenants herein made by the City, #he de�efoper
cavenants and agrees as folfows:
1. T�he d�veloper shall mafce se�arate elections with regard to water andlflr
sanitary sewer facilities, storr�� drainage, street improvements and street
IlgYltS t�5 to whether the work prescribed herein si�a11 be performed
� �ay the City, ar by its cor�tractor, ar by the developer, through its
cantractor, �ach separate election shafl b� made i� writing and
deli�ered ta City r�o Iater than six {�J months prior to the expiratior� of
this agreement. In #he svent any of such separate elec'tions has not
been made and de(ivered to City by such data, it shali be conciusively
presumed that the developer has elected that such work be performed
by the City in accordance with a!I of the terms of this agreement, and in
particular Paragraph V-F hereof.
2. lrrespective of any such electian and whether the wark is to be
perform�d by the City, �r by its contractor o� by the developer through
its contractor, the developer covenants and agre�s to deliver to the City
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a parformance and payment guarantee ir� accordance with the provisions
of Paragraph V-F of this agresment.
3. in addition to the guarar�tee required in the prece�iing paragraph, in the
event developer elects that the work be perfo�med by the City, or by the
City's contractor, or such election is presumed as praWided above, t�e
devefo�er cove�ants and agrees to pay to the City the daveioper's share
of the estimated construction costs. �he amount o# such estimated
payment shall be cornputed as set out on the Summary of Cost hereof,
based upnn the 1ov�rest r�sponsive bid for sucn wflrk, as d�termined by
Crty, ar �}�on a cost estimated to be performed tay City forces prepared
l�y the City, as appropriate, .and shalf be subject to adju�tment to actual
costs upon final completian of the sUt�ject work. 5uch estimatEd
pa.yment snal! ba made promptiy u��.� d�mand �,y City, i� being
understoad that such payment wif! be made after the receipt of bids for
warlc, but in every cas� prior ta the award of any construction contract,
unless atherwis� specifically se# out herein,
4, Developer further covenants and agrees to, and by these presents daes
hereby fiully indemnify, hald harmf�ss and defend t�e City, its officers,
agen�s and employ�es from and against �ny and afi claims, suits or
causes of actian of any nature whatsaeve�, wh�t�er real or
asser,�d, brought far or on accou�t of any injuries or damages to
persons ar property, including death, resulting from, or in a�y way
conneeted with, this agreement, or the canstruction of the
improvements ar faciiities described h�rein, whether or not caused, in
whole or in part, bv the neqliQence o� o�ficers, aqents, ar emplove�s, o#
the Citv. In addition, the ciev�loper covenants to indemnify, hold
harmless and defe�d the City, i#s afifEcers, ager►ts a�d employees from
and against a11 claims, suats, or causes ar actio� of any �ature
whatsaever brought for, or an account of any rnj�ries or damages to
persons or property, including death, resulting from any fiailu�e to
properly safeg�ard the work �r an account of any act, inter�tional or
oth�rwise, negl�ct or misconduct of the develaper, its contractors,
subcpntractors, agents ar employees, whether ar not
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caused. in whole or in aart. b� the nealiaence af officers. aaents, or
em 10 ees of Lhe Citv.
5. Developer ca�enants and agrees that it discrimi�ates against na
individual invalving employment as prohibited by the terms o� �rciinance
No. 7278 (as amend�d by Ordinance No, 7400), an ordinance prohibiting
discrimination in empiayment practice because of race, creed, color,
religion, national origin �except for illegaf aliensl, sex or age, unless sex or
age is a bonafide occupational quaVification, s�bcontractar or
emplayment ager�cy, either furnishing or r�;ferring applicar�ts to such
developer, nflr any agent of developer is discriminati�g against any
Endi�idual in�alving employment as prohibited by the terms af such
Orclinance No. 7278 (as amended by Ordinance No. 7400}, ,
K. Venue of ariy action broug�t hereun�er shall f�e in Fart Worth, Tarrant County,
Texas.
L.. The City's PQlicy for the Installation af Community Faciiities, as adopted by the
City Council on September 1992, is heref�y incorporateci herein by re#e�ence,
and Deuelo�er cavenants and agrees to comply with said Policy as a conc{ition
of this contract a�cf as a c�ndition to the platCing of the subject property.
M. The #�ilowing descrip�ians of wark appfy, as appropriate, to the areas included
in the Cammunity Facilities Agreement:
� . STREETS
Streets as si�own in Exhibit B will �e in accordance with plans and
speci�cations prepared by the Owner's engineer and appraved by the
Director of Engineering.
2. STORM DRAlNACE
Storm drair� as shown in Ex�ibit B—� wili be in accordance vvith plans and
s�ecifications prepared by the Owner's engineer and approved by the
Directo� of Engineering.
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3. STREET I.IGHTING
a. The Developer shall provide for the instaliation of streetfights by the City
�orces at the approximate {ocatior�s shown in Exhibit C, �mmediately
after final acceptance .of the street construction, in accordance w+th
engi�eering plans and s�ecificaiions a�proved by the Transportation and
Public Works �epartment.
b. Streetlights on residential and 1 or co1{ector stre�ts can be installed using
ove�head o� underg�ound cor�duckors wiih the a�praval of the streetlight
Engineer.
c. Sireetlights on arterial streets shall be instalfed with unt�erground conduit
and conduGtors.
d. T1�e DeveloPer s�all provide for the instalfation of a�'/4 inch scheciu{e 40
PVG conduit at th� de�th not less than 30 inches and at least 18 i*�ch
behind ti�e curb, "cfear from all other utilities".
e. The Developer sha11 provide for the installation af a'1'/d inci� sChedule 40
PVC conduit between streetlights pro�ased far insfallatio� a�ci the power
source to become o�erational.
f. A 3 inch sched�le 80 PVC conduit is required when crossing streets at
depth �ot less t�an 30 inches, ur�less indicaied othen�uise on the plans.
Concrete pull boxes shall be provided at ihe �rossing points.
g. I�uminaire ballasi shall be rat�d for multitap operation and each {u;minaire
s�all have it's own phatocell,
� 4. TRAFFIC CONTROL DEVICES
a. Tfi�e D�velo�er agrees to pay for the street name sign installations r�quired
by this developm�nt to the exte�nt of �80.00 per inspection. This unit cost
wilE b� revised annua{ly by the Dep�rtment of Transpartatio� an� Publ�c
Worl�s to reflect prevailing costs of materjals and labar.
b. This development creates the failowing numbe� inEersections at a totai cost
as shown to the Developer,
c. The Developer may eit�er deQosit cash funds with the Ci�y equai to the
followi�g amount at th� time of Community Faciliti�s Agreement appraval
or wait until ihe sfreet name signs are to be installed. 1f tlne Developer
el�cts to wait, the cost of street name signs will �e �t the rate
prevailing when the Developer d�posits f�nds w9th the City.
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d. The Ctty wi11 install the street name signs upon finai appraval o# th� st�eet
construckion. Th� street name signs will remain the property of, and will be
maintained by, the City.
5. OTH�R WORKS
In the �vent that ot�er works is required it will be included as specific
requiremer��s to Commu�ity Facilities Agreement.
N. Developer. and City agree that this Agreement �represents the camplete and
exclusi�e statement of the mutual uncierstandings of the parties and that this
Agreement supersedes and cancels and pre�ious written and orai agreements
and communications reiated to the sub�ect matter of this Agreement.
IN TESTIMONY 1NHEREOF, the City of Fort Worth has caused this instrumen�t to he
executed in quadruplicate in its name artd on its behalf by Ets City Manage�',
attested by its City Secretary, with th� corporafe seal of the City a#fixeci, and said
Develo�a�r has executed this instrument in quadruplicate, at �ort Worth, Texas t�is
the � � day of -- --- ._ , , 20 �
APPROVED AS TO F�RM AND
L�GALITY:
��� ` �_
Gary J. 5teinberger
Assistant City Attorney
ATTEST:
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Gloria Pe�an
City Secretary
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Cont�act Author�za�f�n
Dgt�
RECOMMENDED;
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T�ortion ar�d Pubfic
P
Works Department
CITY OF F�RT WORTH, TEXAS
By:
�I'��G O �-
Assistant City Manag�r
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DEVELOPER:
Fort Worth Independent School District
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WalterDansby, �S���C�.�-� �u,��r'����7�
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City o, f.�'o�t Wo�ih, T'exas
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pATE REF�RENCE NUMB�R I.OG NAME
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PAGE
1 of 2
suB���T COMMUIVITY FACILITIES AGR�EMENT WITH THE �C3RT U���1� C�P.�P�I�dE�QT
��N��L b15TR��T FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR
IMPROVEMENTS TO WEST DASHWOOD STREET T� SERVE TRIMBLE TECH HIGH
SCH�OI.
RECOMMENDATION:
it is recommended that the City Council authorize the City Manager fio execute a Gommunity Facilities
Agreement with the Fort Worth Independent Sci�ool District {FWISD) for the installatfon of communiiy
facilities for improvements to West Dashwood Street to serve Trimble Tech High School.
DISCU551DN:
On December 19, 20A0, the City Council adopted a resolution authorizing the issuance of $45 million in
Certificates af Obligation to addre�s critical capital proJects which included $2.5 million in de�elopment
funds for new school sites to sup�lement fhe 1998 Capital Improvement Program new development
funds.
FWISD has execufied a proposed contract to improve a section of Dashwood Street to serve T�imble
Tech High School, located in #he near southside of Fort Worth.
The proposed Cammunity Facilities Agreement is in compliance with the City's palicy for the ins�allativn
of communiiy facilities. FW1S� reque�ted that Terrell Str�et be �acated so the schoal cam�us could be
expanded. As a condition of vacatian appra�al, FWISD paid for the Terrell Str�et right-of-way. As a
result, �ashwood Street now borders the school campus and will need to be impro�ed (see attached
map).
FWISD's share for the narth half af #he street, including sidewal�s, is $65,487, �lus $1,3'[a for
construction inspec�ian fees. The City's par#icipation for the soufih half of West Dashwaod Street,
inclu��ng sid�walks, is $65,487, plus canstruction inspection fees and $3,929 fiar �ngineerirtg fees.
There are no storm drain impro�ements required for this project.
Faur (4) street lights will be installed at ihis site. The de�e[oper will be responsible for the Ensta�lation ofi
undergraund canduit and pole bases for street lights at a cost of $2,000. The City's participation for
installativn of al! vuiring ar�d street light fixtures is $6,OQ0.
No additinnal stree� signs will be required.
The total project cast for this development is $1�4,293. The deue[oper's participation is $68,797, and
the total City participation is $75,416.
PLAN COMMISSI�N APPR�VAL - On March 28, 2001, the Plan Commission approved �acation �lat
(VA-01-a13) for Terrell 5treet. �,
�'ity of For� �'orth, �"exas
I�iayor ar�d Gou�ci[ Cor�rnur�«ati�n
flATE R�FERENCE NUMBER LOG NAME PAGE
7��oro2 C�1917� 2�15D � of 2
SUBJ�CT COMMUNITY FACILfT[ES GREEMENT WITH THE FO T WORTH INDEPENDENT
SCHOOL D15TRICT FOR THE INSTALLAT[�N OF COMMIJNITY FACILITIES FOR
IMPROVEMENTS TO WEST DASHUVOOD STREET TO SERVE TRfMBI.E TECH HIGH
SCHOOL
This de�elopment is (ocated in COUNCIL DISTRlCTS 8 and 9.
�ISCAL INFORMATI�NICERTIFICATION:
Th� Finance Director certifies that funds are available in the current capital budget, as appropriated, ofi
the Critical Projects Fund.
M4:k
Suhmitted far City Manager's
Office by.
Marc Ott
Or�ginating Department Head:
G. Behmanesh (Acting)
Addif[on�l [nfarmation Contact:
G. Behmanesh (Acting)
� FUND I ACCOUNT
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6122 �
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7801 I (from)
C116 54'I200
C'f 16 539200
I C116 541200
7801 I
CENTER I AMQLTNT
02fl11fi136389 $65,487.00
02D1 1 61 38369 $ 3,929.DD
0201161368�1 $ 6,000.00
CITY SECRETARY
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� APPRQVEia 07/30/02
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