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Home My WebLink AboutContract 33662 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. a3LVqZ--1 WHEREAS, Panel Installers, LTD., hereinafter called "Developer", desires to make certain improvements to Ace Hardware Trucking, 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, Wise, 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 Andrew L. Ericson, its duly authorized Vice President, 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, subsequently amended and 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 06-26-06 A03 :48 I N `'J� Ace Hardware Trucking Page 1 of6 _�'irY,Ci�U o �1 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 dama'-es are caused, in whole or in part, by the alleged ne,-H,ence 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: Ace Hardware Trucking Page 2 of 6 Water (A)attached; Sewer (A-1)attached; Paving (B) Stonn Drain (B- 1) ; Street Lights and Signs (C). 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. IL Water and Sewer Facilities A. Developer shall install the proposed water line(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $67,218. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and the City shall share in the cost of the water improvements as follows: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 45,500 $ 21,718 $ 67,218 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 45,500 $ 21,718 $ 67,218 *To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer and City shall be based upon: 1. Unit prices contained in City of Fort Worth Ordinance No. 14552; Ace Hardware Trucking Page 3 of 6 P rJ 7(5 f f WATER COST SHARE (Developer pays for 12" water pipe, gate valve, and fittings. The City pays for 16"/12" water pipe, gate valve, and fittings.) 16 /12" water pipe ($40-$26) 744 L.F. x $14 = $ 10,416 16 /12" gate valve ($6,587-$1 ,223) 1 EA. x $5,364 = $ 5,364 Cast Iron fittings ($2,969/ton) 2 Ton x $2,969 = $ 5,938 $ 21,718 WATER Unit Price from Pay Item Unit Description Developer's Projects 1 LF 6"Water Pie $ 15.00 2 LF 8"Water Pie $ 17.00 3 LF 10" Water Pie $ 24.00 4 LF 12"Water Pie $ 26.00 5 LF 16"Water Pie $ 40.00 6 EA 8" Gate Valve w/Cast Iron box & Lid $ 676.00 7 EA 10"Gate Valve w/Cast Iron box & Lid $ 1,182.00 8 EA 12" Gate Valve w/Cast Iron box & Lid $ 1,223.00 9 EA 16" Gate Valve w/Cast Iron box & Lid $ 6,587.00 10 TN Cast Iron/Ductile Iron Fittings $ 2,969.00 11 EA Install 1" Air &Vacuum Release Valve $ 3,534.00 w/Vault 12 EA Install 4" blow-Off w/4" Gate Valve & $ 3,624.00 Sump Manhole B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $3,180. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer shall bear the cost of the sewer improvements as follows: AMY � 1 �l C'°EA Y Ace Hardware Trucking tv Page 4 of b o L.°v%�i( � ✓11 u SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 3,180 $ -0- $ 3,180 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 3,180 $ -0- $ 3,180 *To be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 45,500 $ 21,718 $ 67,218 Sub-Total Sewer $ 3,180 $ -0- $ 3,180 Total Water and Sewer $ 48,680 $ 21,718 $ 70,398 Construction Construction Inspection $ 974 $ 434 $ 1,408 Grand Total I $ 49,6541 $ 22,1521 $ 71,806 Ace Hardware Trucking Page 5 of 6 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 saai Developer has-executed this instrument in quadruplicate, at Fort Worth, Texas this the ay of 2006. Approval Recommended: Water Department ^cntr.ac:c :authorization Date S. Frank Crumb Director ATTEST: City Of Fort Worth City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approve to Form: Assistant ty ttorney DEVELOPER Panel Installers, LTD. ATTEST: Corporate Secretary By: Sign, print name and title Ace Hardware Trucking V` 'IEll I`; WILBARGER R` g 820 PIE C 287 FA RLANE LAKE MARTIN ARLINGTON w r mow = < J V _= KEL S MARTIN MARTIN PECOS 0 820 0 W S ITE 287 w DAVID STRICKLAND DAVID STRICKLAND Y VESTA PARLEY vn VESTA FAR EY a a LASTER o LASTER = SUN VALLEY it w af ZI KALTE NBRUN _ _KA N a o itw MAXEY SAUNDERS LOCATION MAP N.T.S. MAPSCO 93E ACE TRUCKING LOCATION' MAP ur Cp t, LP.EA,P,, f � tog l AE=DBMS II . II I 1 I II r II SCALE: 1 " = 160' I I I o I a I II FIR I VAULT I FH", P4 PRO MRI I I — — (DOMErE. I 1 I 1 y1R R ((IRR. 1' 1 1 � l � I I PRO , I I FH cgJZ O W• I�I I i a�'•6 I I I I I I I I I I � I 1 wraw SPRINGS LANE \ I I I I I II I I to I I I w 1 1 i I � I OLD BLUE I w I I I LEGEND PROPOSED WATER LINE — — — EXISTING WATER LINE ♦- PROPOSED FIRE HYDRANT -b- EXISTING FIRE HYDRANT EXHIBIT 99A» '9�ti� ? �,�� NATER DISTRIBUTION SYSTEM ACE TRUCIaNG W — YllilW DR= EX 12'SS SSMH D(¢ _ 11'SS-- U SSMH RIM=600.28 IC= (12' IN V) 588.18 JE= (12' IN N) 588.15 I I 9 E= (12' DUT E) 588.03 I I os I I I II p I SCALE: 1 " = 160' I I I i I I I II I I I oFFicE -C.o. rr..a.n C.O. II I - - 11 1 1 1 1 C.O.111 1 A I 1 � 1 C.O. ZIL Ln 11 11 °tR0 1- II I I I c; I I 9 I I < C.O. I I m I I m I I C.( II I m I 1 I I — — W1uow SPRINGS L4xs \ I i I I I I c.o. ' I I I I C.O. �s 10 I i w l 1 /E7 2 I o l MH MH 3 i SSMH OLD BLUE CIRCLE I i z i RIM=592.46 E= (24' IN SV) 573.41 R.= (24' OUT NE) 573.31 I w I �4 Ss II I �j /X2 SSMH RIM=592.41 / FE= (24' IN SV) 578.71 K.= (6' IN S) 580.56 / iE= (24' OUT NE) 578.31 / 4 /2 LEGEND PROPOSED SEWER LINE — — — EXISTING SEWER LINE • PROPOSED MANHOLE o EXISTING MANHOLE EXHIBIT "A- 1 " SEWER DISTRIBUTION SYSTEM ACE TRUCKING Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/20/2006 DATE: Tuesday, June 20, 2006 LOG NAME: 60ACE HARDWARE REFERENCE NO.: C-21540 SUBJECT: Authorize Execution of a Community Facilities Agreement with Panel Installers, LTD., for Construction of Water and Sewer Services to Serve Ace Hardware Trucking Facility RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Panel Installers, LTD., for the installation of water and sewer services to serve Ace Hardware Trucking Facility, a development, located in east Fort Worth. DISCUSSION: Panel Installers, LTD., the developer of Ace Hardware Trucking Facility, has executed a proposed contract for community facilities to serve a development located in the east part of Fort Worth, south of Martin Street and east of Village Creek Boulevard (see attached map). The total cost for water and sewer improvements for this development is $71,806. There will be City participation in water pipe oversizing (16"/12") to increase pipe capacity in the development area. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOTAL WATER $45,500.00 $21,718.00 $67,218.00 SEWER $3,180.00 $0.00 $3,180.00 INSPECTION $974.00 $434.00 $1,408.00 TOTAL $49,654.00 $22,152.00 $71,806.00 This development is zoned I and located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/16/2006 Page 2 of 2 TO Fund/AccountiCenters FROM Fund/Account/Centers P264 539140 605140042883 $21,718.00 Submitted for City Manager's Office by-Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/16/2006