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Home My WebLink AboutContract 35085COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. lJ WHEREAS, Southwest Fort Worth Ambulatory Surgery Center, L.P., hereinafter called "Developer", desires to make certain improvements to Southwest Fort Worth Ambulatory Surgery Center, 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 Weiss, its duly authorized General Partner 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 � C� � E. 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. 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. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. =.2�'. l ' =� ' � '�. i Southwest Fort Worth Ambulatory Surgery Center � rrl �� 1:-=:1 .'.c��..��Jh'.'J Page 1 of 6 �; 2 ��[ �� < � '.�� tr � � 1,; !il LS ;;;11 Y( ��7 - � �lI "•7 'lU� :�'��:i��.UfVj ��i•��: 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 G H. I J 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, wlaether or �zot such iniuries, death or dafna�es are caused, in whole or in part, bv tlze alle,�ed �ie,�li�efice of the CitV of Fort Worth, its of�cers, servants, or employees. 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). 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). 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: South�vest Fort Worth Ambulatory Surgery Center Page 2 of 6 - �- - i , � � �� J�.��j �;l I��/12 1 i'��I �� '.J CJJ�,��' �'�� •��1��!li�':'1`n �U .. �' �:�lr '�15'�`� � 'I , L, ; - ;;';✓u Jt� I��S�`.: � _m,...w...�._.�_ ._ - i 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) andlor meters as shown on Exhibit A, the estimated cost of which is $262,068. 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 $ 122,423 $ 139,645 $ 262,068 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 122,423 $ 139,645 $ 262,068 *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; Southwest Fort Worth Ambulatory Surgery Center Page 3 of 6 WATER COST SHARE (Developer pays for 8" water pipe, gate valve, and fittings. The City pays for 425 linear feet of 24"/8" water pipe, 1007 linear feet of 16"/8" water pipe, gate valves, and fittings.) 24"/8" water pipe ($90-$40) 425 L. F. x$50 = $ 21,250 16"/8" water pipe ($75-$40) 1,007 L.F. x $35 = $ 35,245 16"/8" x 2" tapping sleeve and valve ($1,300-$1,000) 1 EA. x $300 = $ 300 24"/8" gate valve ($20,000-$850) 2 EA. x $19,150 = $ 38,300 16"/8" gate valve ($9,500-$850) 3 EA. x $8,650 = $ 25,950 2" combination air and vacuum release valve ($3,500) 2 EA. x $3,500 = $ 7,000 Ductile iron fittings ($4,000) 2 Ton x $4,000 = $ 8,000 30"/18" Steel casing pipe ($275-$225) 72 L.F. x $50 $ 3,600 $ 139,645 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $179,151. The City agrees to recard 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: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 179,151 $ -0- $ 179,151 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Erigineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 179,151 $ -0- $ 179,151 *To be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. Southwest Fort Worth Ambulatory Surgery Center Page 4 of 6 � � ��1 �..,;s t� :.�`�v:iu � °�' � 1('' �";S_,,,iL �,:� ,.r. � ,��, ..' �I � L, .. .� .i �� , L LL1�1; �l � �i� � h '��, '.',:,�:; � ��1�, �!s��, ! --=n__ _i TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 122,423 $ 139,645 $ 262,068 Sub-Total Sewer $ 179,151 $ -0- $ 179,151 Total Water and Sewer $ 301,574 $ 139,645 $ 441,219 Construction Construction Ins ection $ 6,031 $ 2,793 $ 8,824 Grand Total $ 307,605 $ 142,438 $ 450,043 South�vest Fort Worth Ambulatory Surgery Center 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 s id Developer has e ec ted this instrument in quadruplicate, at Fort Worth, Texas this the ti`' Ylay of -� n , Zoo�"1 Approval Recommended: Water Department S. Frank Crumb Director ATTEST: . City Secretary Marty Hendrix Approved!� to Fo �__� _i Assistan City Attorney ATTEST: Corporate Secretary South�vest Fort Worth Ambulatory Surgery Center Page 6 of 6 C- o C�.�, Contrac�� uthariaatioa� -� �. � Date _ --_----- - ity Of Fort h J Assistant City Manager Marc A. Ott DEVELOPER Southwest Ambul ry L.P. C Si '6rt Worth gery Center, and title Greg Weiss, President Mat-R� Ft . �-.�y= -�D t �.��- - � �2:a � �, � p%':, ;: �i, � ;� r�';�,,:,1: ��'v.:[ i v�S�^�� c�s'�;'��1:�`�1�rU Id' 4I� .:��`J��i�l�T�j ��/��a I...d.. _ _ _.�.�_.�. . __,.—'—� .. .. VlC lNl T Y MAP (NOT TD SCALE) S�A� TEAGUE /YALI AND PERK/NS CITY OF FORT WORTFi. �xAs s;�o6; � � WATER AND SEWER A�tPROVE]YIEN7S AL.�NG SHEE' �T , r o o M e c v n s r�.. r DIRKS ROAD AND HARRtS PKYYY N A Forf wo�rn, T�xee sevoz LOCATION MAP DATE �NC phon�:(817)9se-5779•F�x:(817)39B-2B73 JUNE 2006 w.w.M.tnp-onllnr.com LI\L L'-f I��ILI� 1--�� SCALE �G�e Hq� AND PERKINS CIN OF FORT WORIN, �xAs ';��161 i" --�200' — — � SHEET � — v v o o M. � a � s r �.. r DIRKS ROAD AND HARRIS PK1K`f DA7E Fort Worfh, T�x�� 7Ef0T /NC. Pnon.:(etslase-sn�•F.x:(anlaae-aat� EXHIBIT A JULY 20D6 �� r.w.w.tnp-onlln�.00m , . ;�, � '✓�. `:/ '' ' , ..✓ —� i � � � ��, � / ' CONNBC!' TO ffi31�Y ;,�� / �;��` `'F`�� SAPI. Sglf. YANHOi$'� 1 `. \;' j ��(� �' 15 PVC 1[-418• 22+24 }� % / �1�� i DOR# 4121 i`1 `�� i%��.-��. � ` �e'L�� `� 1' `'�``', . ��'�' \\/ , � SY. STD. Y.& - �tT - Ir10778� RAId, ItANCH II V�O� 681,�BBP D.R.T.C.T. II� A1[HIII.ATORY S&RVICE CSNTSR DIRSS ROAD gND dc PLIIG 3fA, 50+20.00 FOR FIITURS CONNECTION `,�_i,J � B BRANCH, L.P. . 13508,PG. 298 D.R.T.C.T. (7.87 Acree) '�-�—...� EXHIBIT "A-1" OFFSITE SEWER MAIN, PHASE 1 TO SERVE USMD AMBULATORY SURGERY CENTER CITY OF FORT WORTH, TEXAS JiTNE 200fi ', Graham Associates,lnc. I � CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARIINGTON, TEXAS 76011 (817) 640-8535 ; i � �Y� 1 I �. ! j ! i, � � J r i : � , r rl � / ,: i� 1 r J �� 1 � `��;7n=�_—. LEGEND O EXISTING MANHOLE � PROPOSED 4' DIA. MATrxo� 10" SAIVITARY SE�PER � 1"=500' Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication �� - _- __- - _. _ _ . _ __w� �� -_ _ � .�;_��_.� COUNCIL ACTION: Approved on 3/6/2007 - Ordinance No. 17438-03-2007 DATE: Tuesday, March 06, 2007 LOG NAME: 60SOUTHWEST REFERENCE NO.: C-22003 SUBJECT: Authorize Execution of a Community Facilities Agreement with Southwest Fort Worth Ambulatory Surgery Center, L.P., for Construction of Water and Sewer Services to Serve Southwest Fort Worth Ambulatory Center and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $142,438.00 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 $142,438.00, from available funds; and 3. Authorize the City Manager to execute a Community Facilities Agreement with Southwest Fort Worth Ambulatory Surgery Center, L.P., for the installation of water and sewer services to serve Southwest Fort Worth Ambulatory Surgery Center, a development located in far southwest Fort Worth. DISCUSSION: Southwest Fort Worth Ambulatory Surgery Center, L.P., the developer of Southwest Fort Worth Ambulatory Surgery Center, has executed a proposed contract for community facilities to serve a development located north of Dirks Road and East of Harris Parkway (see attached map). The total cost for water and sewer improvements for this development is $450,043. There will be City participation in water pipe (24"/8" and 16"/8") oversizing 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 PROJECT COST WATER SEWER SUBTOTAL INSPECTION TOTAL DEVELOPER $122,423.00 $179,151.00 $301,574.00 $6,031.00 $307,605.00 This development is zoned F and located in COUNCIL DISTRICT 3. http ://www. cfwnet. org/council�acket/Reports/mc�rint. asp CITY $139,645.00 $0.00 $139,645.00 2 793.00 $142,438.00 TOTAL $262,068.00 $179,151.00 $441,219.00 $8,824.00 $450,043.00 ','.; r i' 1'�.� i��. �:'s `� ,'Ja: U: r1'jj`�'y ''�'_,�.��il,��t., �� a 6 � ; ?'�: ''i:2 ";_� .�;1! � , ;t�� ;��'�,�`?:`^ 03/07/2007 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of the above recommendations, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers 1&2 P264 472045 6031400415ZZ � P264 539140 603140041583 � P264 531350 603140041585 $142,438.00 $139,645.00 2 793.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 1)PE45 538070 0609020 $142,438.00 � $139,645.00 P264 539140 603140041583 Marc Ott (8476) S. Frank Crumb (8207) Carrie McBeth (7585) http:Uwww.cfwnet.org/council�acket/Reports/mc�rint.asp 03/07/2007