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HomeMy WebLinkAboutContract 35004COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary M ��COLTNTY OF TARRANT § Contract No. WHEREAS, Crowley Independent School District, hereinafter called "Developer", desires to make certain improvements to Crowley Middle School No. 3, 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 Greg Gibson, its duly authorized Superintendent 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 .�. e �>'f��; f;=;� 1 ��v'`�'�.J � Crowley Middle School No. 3 ;; ' Q ��' ��'' 1'; �� '�`i�`° , Page 1 of5 �J�U'bl �i'��:�J"i5 �1.���l;ll ���' �''''''^�,��;��fl� III2u�10 �'J �� .; �`:J �1� � 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, whetlzer or not such injuries, deatlz or dafna,�es are caused, i�a whole or in part, bv tlze alle,ged ne�liQence of the City of Fort Wortlz, its officers, serva�its, or entplovees. 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 hereo£ Crowley Middle School No. 3 Page 2 of 5 � Water (A)attached; Sewer (A-1) ; Paving (B) Storm Drain (B- 1)_; Street Lights and Signs (C}. 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 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 $91,296. 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 $ 77,796 $ 13,500 $ 91,296 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 77,796 $ 13,500 $ 91,296 *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. Public open bid; WATER COST SHARE (Developer pays for 8" water pipe, gate valves, 36" x 8" tapping sleeve and gate valve with box, and fittings. The City pays for 12"/8" water pipe, gate valves, 36"x12"/36"x8" tapping sleeve and gate valve with box, and fittings.) Crowley Middle School No. 3 Page 3 of 5 ,'' � ;i-' j: 'c;',��"';���c; �;� '�� � r'� ��� ,. ! l- 'a: � v �� .�: iJ �r' S `j ?;<<� p�`C II;��,ry;1�1'j �J i 6� L' ��'<�'1� u: � i. lU� �����,✓'1:Juj�y U���, � �..x-=_._ ___ ____ ._.._I 12"/8" water pipe ($27-$22) 1,010 L.F. x $5 = $ 5,050 12"/8" gate valve ($1,500-$850) 3 EA x $650 = $ 1,950 36"x12"/36"x8" tapping sleeve and gate valve with 1 EA x $2,000 = $ 2,000 Cast Iron Fittings ($3,000/ton) 1.5 Ton x $3,000 = $ 4,500 $ 13,500 TOTAL WATER FACILITIES: box ($9500-$7500) Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 77,796 $ 13,500 $ 91,296 Total Water and Sewer � ����96 $ 13,500 $ 91,296 Construction Construction Ins ection $ 1,556 $ 270 $ 1,826 Grand Total $ 79,352 $ 13,770 $ 93,122 Crowley Middle School No. 3 Page 4 of 5 i-�' 2� �' _ �^ f ���r1,:.;1.:� �;���,��.;f� � �j,�,���� �, �` [ �' °�� � ..�V��.�;��[���f� ��� �LI ^�{i!jjl'JCr��t� �r.��i� , � .+' �J ?-. u 'n, � u i: uti. a 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 Developer s executed this instrument in quadruplicate, at Fort Worth, Texas this the ��ay of h� 200�'� Approval Recommended: Water Department Crumb Director ATTEST: City Secretary Marty Hendrix Approved�'to Fo . / i � �� Assistant tz Attorney ATTEST: _ �. orate Secretar Crowley Middle School Na 3 Page 5 of 5 Cr' L�L..1—1 l � s :or:trac'c Autk�c��i.z�tio� _ � -� - .�� _-T--, �ate City Of Fo Worth i Assistant City Manager Marc A. Ott DEVELOPER Crowley Independent School District ;� By: `, !�� "� � � �Te� �; %5�.. , �r.tPcr�rn`� e-�' Sign, print name and title �r �_� .. .—..— . ��. .� --�`_-- � �.,i'�J�.�1!.-';t ,r'���iJAr:fp � � �'�� � c �� �� S'; ,, �� ,�,',i�.s���:��L� � i� ; �', [' il it� !�i� ��i '.fi�o ..�✓:.'.i'�� r; .., sca� ��Hjq� q�yD PERK/NS � — —� �NGIMEERS � SIlfYlyDtf � COMSULiMM/s wrr if0o M�eon 8treef 236 W. F�kory Sb»et 1100 Y1M0 Abarrr /;wQ f608 DA7E /NC. Far w«M� re,w re�o2 ndxau r.,w �ezm wa� Ter.. �a2�s DEC 2005 � ��� �� ��m � ��� �- ���, i _� � �� �� rrJ�:�l. �l '�.;��v�'.�:� � ,., -, �,.,-. �, �� ��ei :.,'��:;�����5�ii�i �� v E u G �; �. �,_, I� � -;�.-,,�lt c�S��� � 'I� �_ � . "I, ��:�5�., � CITY OF FORT WORT}i, AVING, DRAINAGE AND WATER IMPROVEMENTS �UA�I�ER CREEK DRIVE dc SIEWART FELTZ ROAI LOCAl10N MAP Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/6/2007 - Ordinance No. 17399-02-2007 DATE: Tuesday, February 06, 2007 LOG NAME: 60CROWLEY NO3 REFERENCE NO.: C-21965 SUBJECT: Authorize Execution of a Community Facilities Agreement with Crowley Independent School District, for Construction of Water Services to Serve Crowley Middle School No. 3 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $13,770.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $13,770.00, from available funds; and 3. Authorize the City Manager to execute a Community Facilities Agreement with Crowley Independent School District, for the installation of water services to serve Crowley Middle School No. 3. DISCUSSION: Crowley Independent School District, the developer of Crowley Middle School No. 3, has executed a proposed contract for community facilities to serve a development located west of Summer Creek Drive and north of Stuart Phelps Road (see attached map). The total cost for water improvements for this development is $93,122. There will be City participation in water pipe (12"/8") oversizing to increase pipe capacity in the development area. The developer and City estimated costs for water improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST WATER INSPECTION TOTAL DEVELOPER $77,796.00 1 556.00 $79,352.00 This development is zoned G and located in COUNCIL DISTRICT 6. CITY $13,500.00 270.00 $13,770.00 TOTAL $91,296.00 1 826.00 $93,122.00 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 02/07/2007 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers 1 &2� P264 472045 6061500611ZZ � P264 539140 606150061183 � P264 531350 606150061185 FROM Fund/Account/Centers $13.770.00 1)PE45 538070 0609020 � $13,500.00 P264 539140 606150061183 � 270.00 P264 531350 606150061185 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Marc Ott (8476) S. Frank Crumb (8207) Carrie McBeth (7585) $13,770.00 $13,500.00 270.00 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 02/07/2007