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HomeMy WebLinkAboutContract 32853 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Ck2L>MPt! D l_o�T�lt'�J+.l-�D' hereinafter called "Developer", desires to make certain improvements to C0--now lE�dli -P4B UC-S�gnaddition to 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 tt-h�Jroelh hK=—hL 9. 41QbMkkA is duly authorized V.P. oR��E QgeML f'R"; 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 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 II, 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. CFA REVISED FORMAT WITH 4% 1 12-06-05 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, 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. 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 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). J. 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. K. 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: CFA REVISED FORMAT WITH 4% 2 Water (A) None; Sewer (A-1)None; Paving (B) attached; Storm Drain (13- 1) attached; Street Lights and Signs (C)None. 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, 131, 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 $162,796.40. 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. CFA REVISED FORMAT WITH 4%.doc 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 n � 200_5 Approval Recommended: Transportation and Public Works Department N4 M&C REQUIRED Robert node, P. E. Director ATTEST: City Of Fort Worth BfMa �(`(MLr+i.� J�-,'X c Ott City Secretary Assistant City Manager Approved as to Form: 9•G f' / Assista Cit Attorney ATTEST: DEV OPER y C.A� L&-m beVELoOMB� r By: R�c�4ner Corporate Secretaryi-r5 V.P. op �E (� GCr� MAW`°� C � CFA REVISED FORMAT WITH 4% 4 SUMMARY OF COST Cotton Depot Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $11,337.50 $ 11,337.50 2. Storm Drainage $145,197.50 $ 145,197.50 3. Street Lights $ - 4. Street Name Signs $ B. Engineering Design $ C. Construction Engineering and Management by DOE (4%) 1 $ 6,261.40 6,261.40 TOTALS $ 162,796.40 $ - $ 162,796.40 COTTON DEPOT PUBLIC STREETS Streets-Public UNIT DESCRIPTION UNIT QUANTITY PRICE TOTAL 6"Concrete Int. Curb LF 224 $2.50 $560.00 7"3500 PSI Concrete Pavement SY 390 $25.00 $9,750.00 Concrete Sidewalk SY 15 $8.00 $120.00 Free Barrier Ramp EA 1 $450.00 $450.00 Saw Cut LF 65 $4.50 $292.50 Dowel Into Existing Pavement LF 22 $7.50 $165.00 STREET-SUBTOTAL $11,337.50 PROJECT COST Streets-Public $11,33 SUB-TOTAL $11,337.50 10% CONTINGENCY, FEES&TAXES $1,133.75 TOTAL $12,471.25 PAGE 1 OF 1 1/6/2004 COTTON DEPOT PUBLIC STREETS Streets & Storm Sewer-Public UNIT DESCRIPTION UNIT QUANTITY PRICE TOTAL 6"Concrete Int. Curb LF 224 $2.50 $560.00 6" 3500 PSI Reinf. Concrete Pavement SY 390 $24.00 $9,360.00 Concrete Sidewalk SY 15 $8.00 $120.00 Free Barrier Ramp EA 1 $450.00 $450.00 Saw Cut LF 65 $4.50 $292.50 Dowel Into Existing Pavement LF 22 $7.50 $165.00 Lime Stabilization Base Course SY 420 $2.00 $840.00 6% Hydrated Lime Ton 6 $110.00 $660.00 Concrete Junction Box EA 1 $90,000.00 $90,000.00 48"Cl. IV Concrete Pipe LF 225 $190.001 $42,750.00 STREET-STORM SEWER-SUBTOAL $145,197.50 PROJECT COST Streets& Storm Sewer $145,197.50 SUB-TOTAL $145,197.50 10% CONTINGENCY, FEES &TAXES $14,519.75 TOTAL $159,717.25 PAGE 1 OF 1 2/17/2004 0 a Q � � O � z S a�d\A �d -0 /-35W � ,I,�♦ ��`.��,. � a_ �..'1Ir�1���C iia � ' .• �• '• s � r' .►�c �."_ '�= tip ., � � � -.; I.. 0 ii ♦ IE rr: ..�/ , / 1► IN-•r .. • Plan ,•rIR te.`� / ♦, r \ 41 R� I Mn '� _ 1 OWN n + &Nor.Aff •� a �, / • ._ 1 7 3-4 S< X BOUGH SURVEYABST. RM 100 i ARST.BT N!70.SURr T �C�'r �9 \ p ns � yLo \ \ Sys ttIlttt; tlt. 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