HomeMy WebLinkAboutContract 32015 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.. ` .a�,�
WHEREAS, FPA Foundation, a Texas non-profit corporation, hereinafter called
"Developer", desires to make certain improvements to The Corners Shopping Center
located on Lots 1-A and 1-B, Block 12, K.M. VanZandts Addition, Second Filing, to the
City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-62,
Page 17, Deed Records of Tarrant County, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant and Denton 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:
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, is
hereby incorporated into this Community Facilities Contract as if copy
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 IT, paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
691060 2.DOC
F. During the course of construction, 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
negligent 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.
G. Developer further agrees to require its contractors (not including Huitt-
Zollars, Inc.) to 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.
To the extent that Developer fails to require a contractor to provide the
indemnification as required above in this Paragraph G, and to the extent
such indemnification would have applied to any suits, actions or claims if
not for the failure of Developer to meet such requirement, Developer
agrees to fully indemnify, hold harmless and defend the City, its officers,
691060 2.DOC 2
I
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 allezed negligence of the City of Fort Worth,
its officers, servants, or employees.
H. It is agreed and understood by the parties hereto that the Developer has
employed Huitt-Zollars, Inc. for the design and preparation of plans and
specifications for the construction of all current improvements covered by
this contract. It is further agreed and understood that the award of the
professional services contract to Huitt-Zollars, Inc. for the design and
preparation of plans for the construction of the improvements
contemplated herein, is deemed to be in compliance with the Policy and
any other applicable legal requirements.
I. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
J. 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).
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.
691060_2.DOC 3
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 (A-1) None; Paving (B)Attached Storm Drain (B-
1) Attached; Street Lights and Signs (C) Attached.
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 B, B1, and C.
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, B1,
and C. The estimated total cost of current improvements and related
support services specified in this agreement, including design,
construction and inspection is estimated to $7,028.95.
691060 2.DOC 4 T
,. ...,:•nye r�:'.
SUMMARY OF
COST
The Corners Shopping Center
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $6,758.61 6,758.61
2. Storm Drainage $0.00 $ -
3. Street Lights $0.00 $ -
4. Street Name Signs $0.00 $
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 270.34 270.34
TOTALS 7,028.95 $ - F7,028,95
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.
691060_2.DOC 5 - _
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, ansaid Developer
l�executed this instrument in triplicate, at Fort Worth,Texas this the Vday of
3t-ft 2005.
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
Cit of Fo W h
NO M&C REQUIRED
Marc O
Assista t City Manager
ATTEST:
M Hendrix
City Secretary
Approv s to Form:
G -
Assista it Attorney
ATTEST: DEVELOPER
FPA Foundation,
Co orate Secretary a Texas non-profit corporation
By: -
Name: IAM P. HALLMAN, 1f.
Title: V'ce President, Treasurer & Secretary
RECEIVED -
�.
691060_2.DOC 6
HUIIT-ZOLARS
COMMUNITY FACILITIES
HUITT-zOL.ARS INC. The Corners Shopping Center AGREEMENT
500 W.7TH SUITE 300 Fort Worth, Texas
FT.WORTH TX,76102
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
Paving Improvements
1 6" Concrete Curb & Gutter 93 LF $ 7.50 $ 697.50
2 6"Concrete Curb 168 LF $ 2.00 $ 336.00
3 6" Reinforced Concrete Pavement 206 SY $ 22.00 $ 4,532.00
4 Lime (30 lbs./SY) 3 TON $ 105.00 $ 347.16
5 Lime Stabilized Sub-grade 2201 SY $ 2.25 $ 495.95
6 Type III Sidewalk Ramps 11 EA $ 350.00 $ 350.00
Total Cost Paving Improvements $ 6,758.61
Huitt-Zollars, Inc. 2 Paving Improvements
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 200 $0, 000. 00
MID-BLOCK RESIDENTIAL 0 EA $ 2, 200 $0, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 200 $0, 000 . 00
MID-BLOCK COLLECTOR 0 EA $ 2, 200 $0, 000 . 00
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 750 $0, 000 . 00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 750 $0, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 650 $0, 000 . 00
Subtotal $00 ,000. 00
City' s Cost $00 ,000 . 00
Developer' s Subtotal $00 ,000.00
Project Total $00,000 . 00
Adjacent Developer' s Cost $00 ,000 . 00
Developer' s Cost $00 ,000 .00
2% Inspection Fee $00,000 . 00
CFA CODE #2005057
DEVELOPER' S COST:
THE CORNER SHOPPING CENTER
May 7 , 2005
Fort Worth, Texas
May 9, 2005
PAGE I OF Exhibit C
II. STREET LIGHTS WORK DESCRIPTION:
1 . The Developer shall provide for the installation of streetlights at
the approximate locations shown in Exhibit "C", immediately after
final acceptance of the street construction, in accordance with
engineering plans and specifications approved by the Transportation
and Public Works Department .
2 . Streetlights on residential and /or collector streets can be
installed using overhead or underground conductors with the approval
of the Director of Transportation and Public Works .
3 . The City will install all the streetlights that use overhead or
underground conductors on residential, and collector streets. the
developer agrees to pay the city the amount shown below prior to the
City starting it' s design efforts .
4 . Streetlights on arterial streets shall be installed with underground
conduit and conductors .
5 . The Developer agrees to dedicate all easements required for the
installation and maintenance of the street lights and to provide for
the installation of any electrical transformers required for the
proper operation of the street lights
6. The estimated cost of this street light installation is detailed on
page 1 of exhibit C and is summarized below, the street lights will
remain the property of, and will be maintained by the City of Fort
Worth.
DEVELOPER' S COST:
THE CORNER SHOPPING CENTER
May 7, 2005
FORT WORTH, TEXAS
CFA CODE #2005057
Page II of Exhibit C
III
NO "STREETLIGHTS" INVOLVED
THE CORNER SHOPPING CENTER
Page III of Exhibit C --
IV
STREET NAME SIGNS
1. The City of Fort Worth will install the street name signs upon final
approval of the street construction. The street name signs will remain
the property of, and will be maintained by, the City of Fort Worth.
2. The Developer will pay for the street name sign installations required
for this development to the extent of $100.00 per intersection. This
unit cost will be revised annually by the Department of Transportation
and Public Works to reflect prevailing costs of materials and labor.
3. This development creates the following zero (0) intersections at a cost
to the Developer of$0.00:
(Signs already exist on public streets, looks like a private
retail development.)
The Corners Shopping Center
CFA code: 2005057 May 3, 2005
THE CORNERS
SHOPPING CENTER
OF FORT WORTH
PROJECT LOCATION
(J/
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WEST FIFTH
SIXTH
WEST SEVENTH
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(THE CORNERS SHOPPING CENTER �,e(O F°r'� -�
HU11T-ZOLL9
COMMUNITY FACILITIES
HurFr-ZOLLARS INC. The Corners Shopping Center AGREEMENT
500 W.7TH SUITS 300 Fort Worth, Texas
FT.WORTH TX,76102
ITEM DESCRIPTION TOTAL COST
T/PW COST SUMMARY
1 Paving Improvements $ 6,758.61
Total $ 6,758.61
4% Inspection Fee $ 270.34
Total Inspection Fees $ 270.34
By Huitt-Zoliars,Inc. SUMMARY
WEST SIXTH STREET
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SCALE (IN FEET) LEGEND
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STREET "EXHIBIT B" HUIT -
ENTER :
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THE CORNERS SHOPPING C