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HomeMy WebLinkAboutContract 35449COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary �=�> > ''�a COLTNTY OF TARRANT § Contract No._ WHEREAS, Metroport Cities Fellowship, Inc., hereinafter called "Developer", desires to make certain improvements to Met Church, 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 Terry Chapman, 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 para�aph 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 Met Church Page 1 of 7 administered in conformance with paragraph 8, Section II, of the Policy. „����•��c71�'do ..u'�.. _ .�U 'U �� ���;� � � �> u�( � I'jti, ��j ��? r �7 4'�a� �; � �i U �? `�( '.� �� '�-; �'�.; ;d, u'�?u�,� �....�._._,.._ �..__�_____�_�� 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 C� � 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, wlzetlzer or �zot such iniuries, death or dama,ges are caused, in wlaole or i�i part, bv tlze alle,�ed �aegli,�e�ace of the Citv of Fort Wortlz, its offcers, servants, or enaplovees. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. 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: Met Church Page 2 of 7 Water (A)attached; Sewer (A-1)attached; Paving (B) Storm 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. II. 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 $109,990. 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 FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 60,482 $ 49,508 $ 109,990 Approach $ -0- $ -0- $ -0- Easements* $ -�- $ -�- $ -�- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 60,482 $ 49,508 $ 109,990 *To be dedicated by the developer Met Church Page 3 of 7 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; �»•�•� �1rr���r�, �,r=', !'„Si,`rl��l ��,`1�. 1.�i�>>'.�`l�'���}' .. .7`:li'v� .. ^�1{l p.^ ;.\�:L=n Ip1,:r��-" ':.� y�,�� C��I�llv'Y��]W!}y�1:.�'I 2:7 r: �, � n If i � i r;,�:,,j;�, s�I,,� �j1�� :(�e . �::/U.I,tl;p �._�Ur WATER COST SHARE (Developer pays for 8" water pipe, gate valves, and fittings. The City pays for 16"/8"" water pipe, gate valves, and fittings.) 16"/8" water pipe ($40-$17) 1,175 L. F. x$23 = $ 27,025 16"/8" gate valve ($6,587-$676) 3 Ea x $5,911 = $ 17,733 Ductile Iron Fittings ($2,969) 1.6 Tons x $2,969 = $ 4,750 $ 49,508 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $35,980. 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 City shall share in the cost of the sewer improvements as follows: Met Church Page 4 of 7 SA1vITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 34,880 $ 1,100 $ 35,980 Approach $ -0- $ -0- $ -0- Easements* $ -�- $ -�- � -�- Services $ -�- $ -�- $ -� Engineering � -�- � -�- � -�- Sub-Total Sewer $ 34,880 $ 1,100 $ 35,980 *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: l. Unit prices contained in City of Fort Worth Ordinance No. 14552; SEWER COST SHARE (Developer pays for 8" sewer pipe. The City pays for 10"/8" sewer pipe.) 10"/8" sewer pipe ($26-$25) 1,100 L.F. x $1 = $ 1,100 Met Church Page 5 of 7 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 60,482 $ 49,508 $ 109,990 Sub-Total Sewer $ 34,880 $ 1,100 $ 35,980 Total Water and Sewer $ 95,362 $ 50,608 $ 145,970 Construction Construction Ins ection $ 1,907 $ 1,012 $ 2,919 Grand Total $ 97,269 $ 51,620 $ 148,889 Met Church Page 6 of 7 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 quadruplicate, at Fort Worth, Texas this the � day of '��j�,G , 2007. Approval Recommended: Water Department / ,, , , �' �; j, ��-� ,; � �; �'� -�%� S. Frank Crumb ✓ Director ATTEST: A �' • F ��� � �,+ � ��t ! ,���'�_ �T r �ity Secretary Marty Hendrix Approved as l' �i� - � ` � Contr�ci:. utho izatio� / (J - - iiaLe ' ATTEST: Corporate Secretary Met Church Page 7 of 7 City Of Fort Worth �,,:�a �, . � � �i � i- � . ,i� i J �_ i. ��.i� L.a r �Assistant City Manager Marc A. Ott DEVELOPER Metroport Cities Fellowship, Inc. By; � ���� ����� ���';i; ��<<<::-r /f'�>�%� ,��s._., Sign, p nt name and title r�,�- = �,, ;i�;(�';; � �,;�;; ��J��r��� I�-!� l�.J`J'�;�+ � � r+� ;� �,-���,;�;7i;` :;i.7 '� i�� `�' F) o ti Cv � li;� �1. : �� - s.� � Lj cII���ql �5� ;?J��.,Ji c � : � ;'.1a4� U�51� i..�..� ..r� • VICINITY MAP (NOT TO 5CALE) SCALE �q��E �,q�, q�yD PERI�CINS N�A �� 1f00 Maeon 8trest N A Fort Worfh, T�xaa 7Ef02 DATE �NC Phon�:(817)99Q-677J.Fex:(ai�lsae-2ers FEB 2D07 w.w.w.fnp-onlln�.eom CITY OF FORT WORTH, TEXAS LOCA�ION FOR IMPROVElAENTS TO SERVE NEW MET CHURCH LOCTATI ON M AP � � FEB 2007 , PROPOSED � MET CHURCH 16 "X6 " TEE WI TN - S7D. FIRE HYDRANT BEGIN 16" WL � CONNECT TO FUTURE 16" WL (BY OTHERS) � i�i�G�/E T ol11ALL AIVL� P�R1�CIIVS Fort Worth, T�xea 70102 /NC. rnon•:(e nlsae-ss�s+F.x:le n)s�e-2e�s �v.w.w.tnp-onlln�.eom � � , i ; , i � I I i I � ; I' \ � I 16 x8" CROSS WI TH 2-8'�VAL �ES AND LUGS 16 "X6" TEE Wl TH STD: FIRE HYDRANT 16 " WL 16 "X8'j TEE WI TH �" VAL IiE AND 2; 2" lRR METERS 16 "X4"� TEE Wl TN 4" VAL,1/E AND VAULT AND 4 j ,METER BOX /NC. GRAPHIC SCALE CITY OF FORT WORTH, lEXAS SERVE NEW MET CHURCH EXHIBIT A i � I i � 1 f I � l � SCALE ����� �� ��� ������� CITY OF FORT WORTH, rExas �T ��� i• "_° 200' SERVE NEW MET CHURCH �T 1100 M�eon 8tr�et N A Fort Worth, Trxas 7Q7o2 �A,� �NC Phon�:(8T7J9JQ-6777�F�s:(e1T)J9E-7Bf9 EXHIBIT A-1 FEB 2007 r.w.r.tnp-anlfn�.com Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/19/2007 - Ord. #17614-06-2007 DATE: Tuesday, June 19, 2007 LOG NAME: 60MET CHURCH REFERENCE NO.: **C-22198 SUBJECT: Authorize Execution of Community Facilities Agreement with Metroport Cities Fellowship, Inc., for Construction of Water and Sanitary Sewer Services to Serve Met Church and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $51,620.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $50,498.00 and Sewer Capital Projects Fund in the amount of $1,122.00; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $50,498.00, and the Sewer Capital Projects Fund in the amount of $1,122.00, from available funds; and 3. Authorize the City Manager to execute a Community Facilities Agreement with Metroport Cities Fellowship, Inc., for the installation of water and sanitary sewer services to serve Met Church, a future development, located in far north Fort Worth. DISCUSSION: Metroport Cities Fellowship, Inc., the developer of Met Church has executed a proposed contract for community facilities to serve a development located in the far north part of Fort Worth, west of Old Denton Road and north of Golden Triangle Boulevard (see attached map). The total cost for water and sewer improvements for this development is $148,889. There will be City participation in water pipe (16"/8") and sewer pipe (10"/8") oversizing to increase pipe capacity in development and drainage area. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COSTS: PROJECT COST WATE R SEWER INSPECTION TOTAL DEVELOPER $60,482.00 $34,880.00 1 907.00 $97,269.00 This development is zoned G and located in COUNCIL DISTRICT 2. CITY $49,508.00 $1,100.00 1 012.00 $51,620.00 TOTAL $109,990.00 $35,980.00 2 919.00 $148,889.00 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water and Sewer Capital Projects Fund. TO Fund/Account/Centers 1&2 P264 472045 6021500774ZZ 1&2 P274 472045 7021300774ZZ � P264 539140 602150077483 � P274 539140 702130077483 � P264 531350 602150077485 � P274 531350 702130077485 FROM Fund/Account/Centers $50,498.00 �PE45 538070 0609020 $50,498.00 1)PE45 538070 0709020 1 122.00 1122.00 � $49,508.00 P264 539140 602150077483 $49,508.00 � 1100.00 P274 539140 702130077483 1 100.00 990.00 22.00 Submitted for CitkManager's Office bv- Originating Department Head• Additional Information Contact: Marc Ott (8476) S. Frank Crumb (8207) Carrie McBeth (7585) httn://www.cfwnet.or�/council packet/Reports/mc print.asp 06/19/2007