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Home My WebLink AboutContract 37533COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.j 313: WHEREAS, Sagamore Hill Baptist Church, Inc., hereinafter called "Developer", desires to make certain improvements to Sagamore Hill Baptist 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 Billy Taylor, its duly authorized President and the City, acting herein by and through Fernando Costa, 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 the Policy. Sagamore Hill Baptist Church Page 1 of 5 OFF1D(AZ REDORD OITY SECRETARY FT. WORTH, TX 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 Sagamore Hill Baptist Church Page 2 of 5 The following exhibits are made a part hereof: OI=FIGIAI. RECORD CITY SECRETARY FT. WORTH, TX Water (A)attached; Sewer (A-1)attached; Paving (B) Storm Drain (13- 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 wI th any %J the community facilities to be installed hereunder. II. Water and Sanitary Sewer Facilities A. Developer shall install the proposed water line(s), fire lines) and/or meters as shown on Exhibit A, the actual cost of which is $93,713.80. 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: To Estimated Developer Cost Estimated City Cost Estimated Total Cost Mains within Development $ 87,642.80 $ mmmmmmm 6,071.00 $ 93,713.80 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ mmmmmmmmm -0- Sub-Total Water $ 87,642.80 $ 6,071.00 $ 935713080 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; WATER COST SHARE (Developer pays for 10" water pipe and gate valves. The City pays for 12"/10" water pipe and gate valves.) 12710" water pipe ($45-$42) 12"/10" gate valves ($1,500-$1,400) 2 EA x $100 = $ 200.00 $ 60071.00 UFFICIAL RECORD Sagamore Hill Baptist Church CITY SECRETARY Page 3 of 5 FT. WORTH, TX B. Developer shall install sanitary mains, the actual cost of which is $6,306,00, 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 pay the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated Cost City Estimated Total Cost Mains within Development $ 6,306.00 $ -0- $ 65306.00 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering Is -0- $ -0- $ -0- 3ub-Totai Sewer 1 $ 6,306.00 $ -0- $ 6,306.00 *To be dedicated by the developer. TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated City Cost Estimated Total Cost Sub -Total Water $ 87,642.80 $ 6,071.00 $ 93,713.80 Sub -Total Sewer $ 6,306.00 $ -0- $ 6,306.00 Sub -Total Water and Sewer Construction $ 931948980 $ 6,071.00 $ 100,019.80 Construction Inspection $ 1,878.98 $ 121.42 $ 200.40 Construciton Materials Testing,$ 1,878.98 $ 121.42 $ 2,000.40 Grand Total $ 975706975 $ 65313.84 $ 104,020.59 Sagamore Hill Baptist Church Page 4 of 5 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 S�.p;- . , 2008. Approval Recommended: Water Department S. Frank Crumb Director ATTEST: �,t>=y secretary Marty Hendrix ATTEST: Corporate Secretary Sagamore Hill Baptist Church Page 5 of 5 �- a3o I � Coh�ract Authorizat:ioa� .��R � I�►�� . �a�e City Of Fort Worth Assistant City Manager Fernando Costa DEVELOPER Sagamore Hill Baptist Church, Inc. By: Sign, print name and title OFFICIAL RECORD CITY SECRETARY F� ��®RTH, TX co to O 0 0 0 IL AMW IMC: 1: _. I: /. . : : :I ss• �w:l E I• I: d 'I: . - -- - - -- - -3-= - --- I: - ---- - - ------,.-. — - - : I vg: F� .... .... .. ... ' . . . I: I: :I i a i c �- :r I f I: i f . �. �. N. coo CDO O 12' WATER LINE Sagamore Hill Bapfist Church New Church Facility PLAN /PROFILE A `fit + \, „lo \ M1 Colos. M1 .�No o Fmir S! it i it tl I!�c q� tp .I�pi� '�• @q o � WATER EXHIBIT A OFFICIAL RECORD CITY SECRETARY T. WORTH, TX GLB 12" WATER LINE e �Sagamore Hill Baptist Church pLgN /PROFILE New Church Facility WATER EXHIBIT A i�1&C; i2equest Review Page 1 of 2 CFWnet City of Fort Worth Employee Intranet FORT WORTH 9/3/2008 �_ Staff Action Tracking Council Agenda M&C Employee Directory ACToday Employee Classifieds PRS IT Online Departments DATE CODE: COUNCIL ACTION: Approved on 9/2/2008 9/2/2008 REFERENCE NO.: **C-23011 LOG NAME: C TYPE: CONSENT PUBLIC HEARING: Print M&C 60SAGAMORE HILL NO SUBJECT: Authorize Execution of a Community Facilities Agreement with Sagamore Hill Baptist Church, Inc., for Construction of Water Services to Serve Sagamore Hill Baptist Church, a Development in the Far East Part of the City of Fort Worth, Texas, with City Participation in the the Amount of $6,318.84 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Sagamore Hill Baptist Church, Inc., for the installation of water services to serve Sagamore Hill Baptist Church located in the far east part of Fort Worth, Texas, with City participation in the amount of $6,318.84. DISCUSSION: Sagamore Hill Baptist Church, Inc., the developer of Sagamore Hill Baptist Church, has executed a proposed contract for community facilities to serve a development located in the far east part of Fort Worth, east and south of Dottie Lynn Parkway and south of Meadowbrook (see attached map). The total cost for water and sewer improvements for this development is $104,025.60. There will be City participation in water pipe (12 inch/10 inch) oversizing to increase pipe capacity in development area. The Developer and City estimated costs for water improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOTAL Water $87,642.80 $6,071.00 $93,713.80 Sewer $6,306.00 $0.00 $6,306.00 Contingency 0.00 0.00 0.00 Subtotal $93,948.80 $6,071.00 $100,019.80 Inspection $1,878.98 $121.42 $2,000.40 Materials Testing $1,878.98 126.42 $2,005.40 TOTAL $97,706.76 $6,318.84 $104,025.60 This development is zoned AG 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=10001&councildate=9/2/2008 09/03/2008 LvI&C Request Review Page 2 of 2 the Water Capital Projects Fund. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers P265 539140 604150088883 6 071.00 P265 531350 604150088885 121.42 P265 531200 604150088884 126.42 Fernando Costa (8476) S. Frank Crumb (8207) Stephanie Francis (7585) ATTACHMENTS Sagamore Hill Baptist Church Vicinity Map.pdf http://apps.cfwnet.org/council�acket/mc review.asp?ID=10001&councildate=9/2/2008 09/03/2008