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HomeMy WebLinkAboutContract 31599 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT '� C § rq Contract Nod.{.,� ) WHEREAS, thevChur h of Jesus Christ of L ttLr Da��aint .�iereinafter called "Developer", desires to make certain improvements to Lot 4, Block 1, out park�ation+1 5dlc Addition, 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 Mark F. Williams, its duly authorized Project Manager, 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 H, of the Policy. 04-04-05P12 : 24 RCVD � � ;� � �; il'D' MC-,V RAU CFA REVISED FORMAT WITH 4%.doc 1 �� ,.' ,�`?g � m�t 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 jnder 41s or completion of any work to be performed by said Developer, his �am►nvni��cif,1� 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 iriuries, death or damaees are caused, in whole or in Part, by the alleged nerlizenee 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%.doc 2 Water(A) None; Sewer(A-1)None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. 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, B 1, 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 $ 247,240.24. 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 bah day of _, 20036 Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director ity Fort o Marc Ott Assistant City Manager ATTEST: fln Marty Hendrix City Secretary NO M&C REQUIRED Approved as to Form: 4Asst f6ity Attorney ATTEST: DEVELOPER By: Corporate Secretary Marvin Van Dam Director—Temporal Affairs Liaer-Day CITY W"CH Y � 4rp�or�+wrn d Ao fes*jdnn j 0040 7 Y, f"io�kvj let. 7�1) OF4 c a um► of Jew ar,4f 9 La++Or- AT WITH 4%.doc 4 day'5;P1 i7+'fi' A Wah Carp°r++';V? 1501'0 SUMMARYOF COST Church of Jesus Christ Latter Day Saints Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $0.00 $ - 2. Storm Drainage $237,731.00 $ 237,731.00 3.Street Lights $0.00 $ - 4. Street Name Signs $ - $ B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 9,509.241 M 9,509.24 TOTALS _ $ 247,240.24 $ - $ 247,240.24 CFA CODE: 4 / atULa MALlT.Ip. WESTLAKE I�•�a,a. GRAPEVINE HASLET f �i .wta�..�.�,-' —� -- -- - ------ Via _"•---�_-------__ I .__-__tvu!!•---`._�\ '°Km pj et r- - I ttw. ---- nett n. 7 OOODE T.�A�. AORPORT KELLER r f COLLEYVILL ALTA VISTA P' LAKE MOUNTAIN tot- A _- a/1AZLE ....� \ �I --' IRPORT t.tt b-- -NORTH m_..fir 1` i d� f#iCrLAi�D e q.btlt>-- -r - SAGINAN/ yIL S $A�IwA • e„..pp0 rl I z. LESS 6I q rr IRFIELO • aw. i I ! ---j--- ?im'-v�wa.m. 1 ro.141. �crosl km .Ataua.40..- �'- BED 0'RD dl —f IBLUE u, �, I�AOM WATAUGA� _ LAKE ��u. MOUNDS CITY »t..�.o. b WORTH SN14 14ORTHEAST 00 - " ° 1���� �NE i x a A ,21 PO FRRT.; ar u d a�.taan •.b LAKE SIDE '°' -_I,- F D o'- - -- 5T a ` �AIRFIELMEACHAM I I � �� - �--^--I _l�_ __ ,: d.a_,K" —�--- - •• K•-- ,...n i -i .777— 10 LAKE WORTH SAN'SOM ICHL N / x PARK `~ HILL 1:1 _:-n. _ [� . CARSWELL I te. -1� ; o FO I\T I _�.,°_r"-•;.� I I AIR FORCE BASE ,�4 O �\A. ' _ -W q RT H IVER OAKS I` ,9 1 -- 1- f� I -4, - --�y M T. �� T--- - "T - - H E ' 1KESTWORTH SETT Efvy NT 11u W` STbV R � I� ` Krct - - r1 +r`� � - J ARLING�O�J �{ 1 } _ y, 1 LLS IL . %I pmt i....---r--�---6 I I ,i �_ � 1�F� �� 'LLt"-y s TILL — �.� lli �� I I ; ■I I � etw.r�, ,I 30 so ` Jr tp:.ene I d ! NjH]I 6363 -AM PANTEGO �I ttwr n. 'f I LAKE • AwreeF uf. i �_ . A I �-•aaro._- , d �'4T+e•rao ARLINGTON f zo DALWORTHIN TON-; - -Yttw.: ® GARDEN suoa zo x ---�_ rtao�°:- - �RLq >•: 2 BENBROOK �� 1 ° z0 x wI I 11e ryI 1...1I� I My ICIPAL�I LOOP a 9 �� 137 0i ✓— I EdGECLIF - -' -- �tw_A. -- AIRFIELD FOR ST MILL ' �„ , ,R _ l. � ILLAGE -� KENNIDALE k' I._ s{ ,,.o,,. 3 I BENBROOK "—,• ._ .---------- I tea,AYI- _ �I �] RESERVOIR E�TERM kN 2e - PROJECT J 1 LUCK LOC I OI ,AI AIRPORT i CROWLEY oe0 I '; tr.e.I• soeo-- ANY°°",`-'a"--"—'-a°- ------- .r" T i I-«wnt„a. MANSFIELD BURLE! ON r�b }• FORT WORTH SPINKS +�senr Sao P AIRPORT lop N7 +'• EXHIBIT LOCATION MAP FOR CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 2602 EIGHTH AVENUE C3 Baird, Hampton & Brm, Inc. Envin®crin & Survoyfng i l 76 3f.SL®R Q k IX 7.1@ Tdo ATat�Fs¢I714�Nb E-UA�dlYfhesa SliY.LL'LUU4 Ud:L/ di 1jJU`l447 zaira Hampton h brown $347b Y.UUL/UU3 CONC. ACCESS RAMP 77 LF 6'X9' / BOX CULVERT O EX. 6'X9' ARCH PIPE zz STONE ~' RIPRAP W f LF EX. fCONC, HEADWALL 54'-ZCP7 a J J 2 ' W PROP, 54' RCP I 9^ t 1 r6 I 6' SO. SD MANHOLE © I / A y .r Y: �w`t�rr.1• •. ..%7• � S .:�':r� 4.. +'T. rC . .o'er• �. a.. 18' R P EXISTING 54' RCP - - -I EXHIBIT B- 1 60' 0 60' PROPOSED STORM DRAIN EXTENSION NEW CHURCH OF JESUS CHRIST OF Scale 1" = 60' LATTER DAY SAINTS 2602 EIGHTH AVENUE � ® � bird, Hampton � SmvN Inc C3 Engineering & syrwaying �1117RA#a�kM7R 1M�• SEY.22'ZUU4 (Jb:Zl bil-ijb'JZ9J baira ttdmp7on 6 nrowi BJaJI� r.vu�/ uv� Baird, Hampton&Brown, Inc. Engineering&Surveying 6300 Ridglea Place,Ste.700 Fort Worth,Texas 76116 21-Sep-04 REVISED COST ESTIMATE for PUBLIC STORM DRAINAGE EXTENSIONS DOE 4616 NEW LDS CHURCH-8TH AVENUE FORT WORTH,TEXAS No. Item Description Quantity Unit Unit Cost Amount Storm Drainage: 1 Clearing&Grubbing,Tree Removal 1 Sum $5,000.00 $5,000 2 Excavation[Earthwork for new access Ramp 1 Sum $4,000.00 $4,000 3 18"RCP 10 LF $50.00 $500 4 54"RCP 357 LF $155.00 $55,335 5 Extend 6'Wide X 9'Nigh Conc. Culvert 78 LF $500.00 $39,000 8 6'Sq. Manhole 1 EA $5,000.00 $5,000 7 Shoring&Trench Safety 435 LF $5.00 $2,175 8 Concrete Headwall for all 3 Pipes 92.1 CY $250.00 $23,025 with Handrail (12.5'high x 73 LF long) 9 Reinforced Conc.Collar at Old/New 6'x9'Culvert 1 Sum $10,000.00 $10,000 10 6"Reinforced Concrete Pavement for Access 175 SY $35.00 $6,125 Ramp to Channel 11 Remove Conc. Headwall Q ex.6'x9'Culvert 1 Sum $5,000.00 $5,000 12 Remove Conc. Headwall aQ ex. 54"RCP 1 Sum $1,000.00 $1,000 13 Imported Fill for backfilling Trench/Retaining wall 2500 CY $10.00 $25,000 14 Type A Dry Stone Riprap 45 SY $70.00 $3,150 15 Bermuda Sod 500 SY $6.75 $3,375 16 Silt Fence/Erosion Control 1 Sum $2,500.00 $2,500 Subtotal $190,185 Contingency 25.00% $47,546 Total Developer Cost $237,731 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2, 000 $0, 000 .00 MID-BLOCK RESIDENTIAL 0 EA $ 2 , 000 $0, 000 .00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2 , 000 $0, 000 .00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2 , 500 $0, 000 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2 , 500 $0 , 000 .00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $00, 000.00 City' s Cost $00, 000 .00 Developer' s Subtotal $0, 000.00 10% Contingencies $0, 000.00 Project Total $0, 000 .00 Adjacent Developer's Cost $0, 000.00 Developer' s Cost $0, 000 .00 2% Inspection Fee $0, 00.00 (CFA CODE 2004102) DEVELOPER'S COST: NEW CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS July 14, 2004 Fort Worth, Texas July 26, 2004 PAGE I OF Exhibit C II. STREET LIGHTS WORK DESCRIPTION: 1 . The Developer shall provide for the installation of streetlights at the approximate locations shown in Exhibit "C" , immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department . 2 . Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the Director of Transportation and Public Works . 3 . The City will install all the streetlights that use overhead or underground conductors on residential, and collector streets. the developer agrees to pay the city the amount shown below prior to the City starting it's design efforts. 4 . Streetlights on arterial streets shall be installed with underground conduit and conductors . S . The Developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operation of the street lights G. The estimated cost of this street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: NEW CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS July 14, 2004 FORT WORTH, TEXAS (CFA CODE 2004102) Page II of Exhibit C III. NO STREET LIGHTS NEW CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS Page III of Exhibit C IV STREET NAME SIGNS 1. The City of Fort Worth will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of $100.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3. This development creates the following zero (0) intersections at a cost to the Developer of$0.00: (Private {Church}) New Church of Jesus Christ of Latter Day Saints CFA code: 20040102 July 13, 2004 4UU:)-US-z6 15:21 >> 9181-7319MM P 2/2 JUN 0 4 2004 J1/B U.DIV 0i CORP.b Comm.CUD. CER F)CATr OF AU TJOJUT)' 1, H. DAVID BLO�TON, do herehy certify that 1 am the Presiding Bishop of'Tlic Chum)) of.Jesus Chr_st of Lati.er-day Saints, a -cligious association: and by virtue of such office l 'I'm the:Ilic-U T11)CI11 of the CorporatioTi of the Presiding Bishop ofThe Church of.lcsus Christ of Latter-da),Saints, ti Utah corporation sole, organized under the laws of the State of Utah; that 1 atn t)ie: parson desiLmated in the A1Licles of incorporation of said corporation sole to sign and r,,xecutE deeds and other 'instrmjieln:s oj"writi.ngr' and to transact all huciness of said corporation wile,Pursuant to the provisions of'Titlel6, Chapter 7. Section 8 of - the Utah Code Annotated, 1953, as mended; and fliat pursuant to said Section 16-7-8, 1 licr&-7y dcsi,rnat.c and appoint MARVIN R_ \SAN DAM as an agent authorized and empowered,in transactions whose dollar - value does not exceed $5,000,000, in the Nort)n America Southwest.krea of The Church of Jesus Christ of Lana-day Saints: (a) to execute agreements, contracts and other documents pertaining to the construction;mainteinauce, repair, alteration or demolition ofineetin;hoLise facilities, (b) to execute deeds, easements and other iustrui:nmts, purchase, sale and other contracts,promissory notes,mortgages,bills of sale, assignments, notices, reports, title documents and other documents relating to the acquisition,purchase,sale,exchange,development,use,lease,taxation,encutnbrancc and release thereof or other disposition of real and personal property of any kind; and (c) to execute,file and prosecute building permit applications,petitions,complaints and protests relating to real and personal property of and,bind. This Certificate of Authority supersedes and replaces that Certificate of Authority, dated February 19, 2002, granted to Lee M. Gunnerson by H. Mi id Burton, the incumbent of said Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints. This Certificate of Authority shall be effective as of June 1,2004. Dated this / day of 2004. CORPORATION OF THE I>RESIDING BISHOP OF Tr1E CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole By: I VID TON c bent .TKO Nol.tu-[v 1>u1juc ' JULY{ C_HAKF.R STATE OF UTAH ) • 50 C_NORTH TEMPLE °* SALT IAKC CM' LIT 94 1 SO ss MY COMMISSION Expmrs COUNTY OF SALT LAKE ) d J,iNUARl'A,2005 r•' S'p1'!! OF ITTA11 On thus i day of ��—' 2004, personally appeared before me II_ DAVID FUTON, personally known to me,to butte Presiding Bishop of I'he Church of Jesus C1L ist oi�Lat:ter-day saints, who duly acknowledged to me thal he si.ped the foregoing instrumcnl. as incumbent of the Corporation of the Presiding Bishop of The Church of Jesus Clu:st of Latter-day Saints, and the said H. DAV'0) BUP.TON acknowledged to me that Said corporation txtcuted the same. i�-I'ntSiic in and for said Caunt� and State