HomeMy WebLinkAboutContract 31561 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.�
WHEREAS, Taurus Twin Mills Limited Partnership hereinafter called
"Developer", desires to make certain improvements to Twin Mills Phase II Section 1A-Storm
Drain Line P. 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 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 Douglas H. Gilliland its duly
authorized Executive Vice President of the General Partner, Taurus Twin Mills Corp., 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 H, 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.
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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 iniuries, 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-
Storm
ereofStorm Drain (B-1)-Attached.
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M. 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 1.
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 Bl. The estimated total cost of current
improvements and related support services specified in this agreement, including
design, construction and inspection is estimated to $133,549.06 .
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets none none
2. Storm Drainage $128,412.56 $128,412.56
3. Street Lights none None
4. Street Name Signs none None
B. Engineering Design
C. Construction Engineering
and Management by DOE (4%) $5,136.50 $5,136.50
TOTALS $133,549.06 $133,549.06
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.
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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 1 day of W[I , 2005.
Approval Recommended:
Transportation and Public Works Department
Robert Goode, P. E.
Director
City of Fort Worth
NO M&C REQUIRED "o�
Marc 6ft
Assistant City Manager
ATTEST:
Or\ .40, `
Marty Hendrix
City Secretary
Approve4s to Form:
Assistant y ttom
ATTEST: DEVELOPER:
Taurus Twin Mills Limited Partnership
By: Taurus Twin Mills Corp., General Partner
By:
/
y
Corporate Secretary Douglas`,H 0111 and
Executive Vice resident
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TurnerCollieOBraden Inc.
Engineers- Planners Project Managers
ESTIMATE
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE NET CH NGE
1 (3)8'x 4'RCB 95 LF $695.30 $66,053.50
2 (2)6'x T RCB 26 LF $349.28 $9,081.28
3 Rock Check Dam 1 EA $1,500.00 $1,500.00
4 Parallel Wingwall with Handrail 2 EA $17,636.14 $35,272.28
5 Sawcut,Remove&Replace Asphalt 266 SY $10.00 $2,660.00
Pavement
6 2:27 Mix 113 Cy $41.50 $4,689.50
7 Traffic Control 1 EA $1,200.00 $1,200.00
8 Rock Riprap 153 Cy $52.00 $7,956.00
TOTAL $128,412.56
OR SECRITAly
TEX.
Forth Data: 9/11/2001