HomeMy WebLinkAboutContract 35139 (2)COMMLJNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
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COLTNTY OF TARRANT § Contract No. �� �'
WHEREAS, Tarrant County College District, hereinafter called "Developer",
desires to make certain improvements to Tarrant County College - Downtown
Campus, 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 Dr. Leonardo de la Garza, its
duly authorized Chancellor 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 th�e Po�ze�, _ +
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Tarrant County College — Do�mto�vn Campus '^n�" ��n �
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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
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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 tzot suclz ifzjuries, deatlz or datna�es are caused,
in wlzole or in part, bV tlze alle,ged ne,gli�ence of tlte City of Fort Wortla,
its officers, serva�zts, or enzploVees.
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:
Tarrant County College — Do�vntown Campus
Page 2 of 6
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 $1,279,959.
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 $ 621,031 $ 588,329 $ 1,209,360
Approach $ -�- $ '�- � -�-
Easements* $ -�- $ -�- � -�-
Services $ -0- � -�- $ -�-
Engineering $ -0- $ 70,599 $ 70,599
Sub-Total Water $ 621,031 $ 658,928 $ 1,279,959
*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;
Tarrant County College — Downto�vn Campus
Page 3 of 6
WATER COST SHARE (Developer pays for 1,106 L.F. of 24" water pipe, 16"
water pipe, 8" water pipe, valves, and fittings. The City pays for 1,290 L.F. of 24"
water pipe, valves, and fittings.)
24" water pipe ($235)
1,290 L.F. x $235 = $ 303,150
24" gate valve and vault ($32,000)
3 EA. x $32,000 = $ 96,000
36" x 24" tapping sleeve ($55,000)
1 EA. x $55,000 = $ 55,000
Cast iron/ductile iron fittings for 24" and 16" water pipe ($7,500)
5.69 Ton x $7,500 = $ 42,675
Cast iron/ductile iron fittings for 8" water pipe ($5,000)
0.03 Ton x $5,000 = $ 150
Temporary asphalt pavement repair ($35)
205 LF x $35 = $ 7,175
2" asphalt overlay ($15)
1,835 SY x $15 = $ 27,525
Permanent pavement repair ($51)
1,064 L.F. x $51 = $ 54,264
Trench safety ($1)
1,290 L. F. x$1 = $ 1,290
Concrete valley gutter repair ($50)
22 L.F. x $50 = $ 1,100
$ 588,329
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $287,260. 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 bear the
cost of the sewer improvements as follows:
SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 287,260 $ -0- $ 287,260
Approach $ -0- $ -0- $ -0-
Easements* $ -�- $ -�' $ -�-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Sewer $ 287,260 $ -0- $ 287,260
Tarrant County College — Do�vnto�m Campus
Page 4 of 6
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 621,031 $ 658,928 $ 1,279,959
Sub-Total Sewer $ 287,260 $ -0- $ 287,260
Total Water and Sewer $ 908,291 $ 658,928 $ 1,567,219
Construction
Construction Inspection $ 18,166 $ 11,767 $ 29,933
Material Testin Fee $ 18,166 $ 11,767 $ 29,933
Grand Total $ 944,623 $ 682,462 $ 1,627,085
Tarrant County College — Do�vnto�vn Campus
Page 5 of 6
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IN TESTIMONY WI�REOF, the City of Fort Worth has caused this insmzment 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
s exec ted this instrument in quadruplicate, at Fort Worth, Texas this the�.�iay of
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Approval Recommended:
Water Department
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Director
ATTEST:
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City Secretary
Marty Hendrix
Approved to Form:
Assistant it Attorney
ATTEST:
Corporate Secretary
Ta�rant County College — Do�vntown Campus
Page 6 of 6
C-�,��.I �_
Contract Authorizatiaa�
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City Of Fo Worth
Assistant City Manager
Marc A. Ott
DEVELOPER
Tarrant County College
District
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COMMUNITY COLLEGE
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/20/2007 - Ordinance No. 17455-03-2007
DATE: Tuesday, March 20, 2007
LOG NAME: 60TCC DOWNTOWN REFERENCE NO.: C-22021
SUBJECT:
Authorize Execution of a Community Facilities Agreement with Tarrant County College District, for
Construction of Water and Sewer Services to Serve Tarrant County College — Downtown Campus
and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $682,462.00 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 $682,462.00, from available funds; and
3.. Authorize the City Manager to execute a Community Facilities Agreement with Tarrant County College
District for the installation of water and sewer services to serve Tarrant County College — Downtown
Campus, a development located in downtown Fort Worth.
DISCUSSION:
Tarrant County College District, the developer of Tarrant County College — Downtown Campus, has
executed a proposed contract for community facilities to serve a development located north of East
Belknap Street and west of North Pecan Street (see attached map).
The total cost for water and sewer improvements for this development is $1,627,085. There will be City
participation in water pipe (24") 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 and material
testing fees.
ESTIMATED COST:
PROJECT
WATER
SEWER
INSPECTION
MATERIAL TESTING FEE
TOTAL
DEVELOPER
$621,031.00
$287,260.00
$18,166.00
$18,166.00
$944,623.00
This development is zoned J and located in COUNCIL DISTRICT 8.
CITY
$658,928.00
$0.00
$11,767.00
$11,767.00
$682,462.00
TOTAL
$1,279,959.00
$287,260.00
$29,933.00
$29.933.00
$1,627,085.00
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 03/21/2007
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 $682,462.00
P264 472045 6081400471ZZ
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P264 539140 608140047183 $658,928.00
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P264 531200 608140047184 �11,767.00
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P264 531350 608140047185 �11,767.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
1) PE45 538070 0609020 �682,462.00
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P264 539140 60840047183 �658,928.00
Marc Ott (8476)
S. Frank Crumb (8207}
Carrie McBeth (7585)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 03/21/2007