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Home My WebLink AboutContract 31436 D3-02-05A03: 05 RCVD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Coca-Cola Enterprises Inc., hereinafter called "Developer," desires to make certain improvements to Fossil Creek Addition Phase I — Median Cuts/Turn Lane on Fossil Creek Boulevard, located in the City of Fort Worth, 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: That said Developer, acting herein by and through Matthew J. Fanoe, its duly authorized Corporate Director, Real Estate & Facilities, and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, 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 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. The Developer shall award all contracts for the construction of community facilities in accordance with Section 11, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section 11, of the Policy. -9357037.DOC I F. 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, its 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, its contractors, subcontractors, officers, agents or employees, whether or not such iniuries, death or damages are caused, in whole or in part, by the alleged nerlizence of the City of Fort Worth, its officers, servants or employees.. This indemnity shall terminate upon the completion and acceptance by the City of the work contemplated herein. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. 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). I. 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. J. 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. K. 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) None; Street Lights and Signs (C) None. -9357037.DOC 2 SUMMARY OF COST Fossil Creek Blvd. Coca Cola Left Turn Lane Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $35,317.77 $ 35,317.77 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%) $ 1,412.71 1,412.71 TOTALS $ 36,730.48 $ - $ 36,730.48 II. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street and other community facilities improvements shown as "current improvements"on the attached Exhibit B. B. Developer shall fund its share of the "current improvements" and shall pay to the City an inspection fee in the amount of One Thousand Four Hundred Twelve and 71/100 Dollars ($1,412.71), which represents four percent (4%) of the cost of the improvements contemplated herein. The estimated total cost of such improvements and related support services, including all design, construction and inspection costs, is estimated to be Thirty-Five Thousand Three Hundred Seventeen and 77/100 Dollars ($35,317.77). Notes: 1. The City will pay any inspection fees in excess of the amount stated in this Agreement. 2. The City is not preparing any plans and specifications for the improvements contemplated in this Agreement. -935703TDOC 3 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, and said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the '% day of Pveembw, 200 . ar— 'n&11c.41 S� Approval Recommended: Transportation and Public Works Department r5 Robert 96ode, P. E. Director Cit f rt Wi h Date Marc Ott Assistant City Manager ATTEST: f Y�aAt Marty Hendrix City Secretary 4Apprasto Fo Attorney DEVELO ATTEST: or�K-Q— Matthew B � QFany 'orporater, E.Liston Bishop III Real Estatilities Name: Vice President and Secrehry Title: RECEIVED -9357037.DOC 4 1 d i v �`� k � x ._......�� q yr � . tJ � �A 1 � �\y J Alk Alk AMW m ) � 4 y �elR3��4 i r�td' 1 tt.. tri.Ver 1 t �. "r '(+ri tNkJf fl�! i 1 � � 11 EXHIBIT B PAVING IMPROVEMENTS See attached. -9357037.DOC 5 DEC-10-2004 FRI 02:05 PM TRANSPORTATION PUBLIC WK FAX NO. 817 871 8092 P. 02 8- OCT-? i7 11!49 FROM:D18 COVSTRUCTORS 917 G26 9305 EXH131131T Pavinn CFA Coca-Cola Enterprises lnr.. DOE No.4438 (refwwce wim E for a fuji so of combvc6on documents) " r...� n.lu,�a• c• •. a. ti V�.o...-,».....� �•i� r•..a'�.��....4'; i 1 ..�� Jy + ' J, to z r. L. J4 1 n a T d Tf X0 W It Ila it/ at It 14V It N L Ht If wY kti Al 0 n-y- a- u. I a .r-I•- -; t t k f i d+� 411 K!, Is. JIi xx��i .- .'.—ter 1 ,F Mp MPIR-06-aW14.02114M TM-3214 731. 9949 t-.'k,I URS PAGE;001 R=93n OCT-26-2004 11:49 FROM:D/B CONSTRUCTORS 817 626 9305 TO: 121430EE:B69 F.008/010 EXHBIBIT B-2-Project Cost CFA Coca-Cola Enterprises Inc. DOE No. 4438 419104 CCE Fossil Creek Fort Worth,Texas FOSSIL CREEK ADDITION-PHASE I VM13BIT B) DESCRIPTION QUANTITY UNIT UNIT TOTAL COST COST 1.0 (D/B) Mobilization 1 LT. $0.00 M $0.00 -IRemove Eidsting Curb 560 LF. P,2.65 $1,484.00 02oncrete Curb(Monolithic) 500 LF. _ $4.24 $2,120,00 --f-xcavatiion 650 Cy. $10.00 $6,500.00 -1"Lime Stabilized Subgrade 975 Sy. _$1.65 $1,609.17 "Lime(30 lbsJSY) 15 TN. ;;84.80 $1,229.60 e-7"Reinforced Concrete Pavement 910 Sy. $22.50 $20,475.00 -pavement Btniams 80 EA '5.00 $400.00 Com ingency 0 LT_ $500 $0.00 —Landscaping&Irrigation Demo&Repair 1 LT. $1,500.00 $1.500.00 �s Engineering Package,for COFW Approval 1 LT. _ ?-500.00 — _V-500-00--i - Tutal .,817.77 7 �31 7 0