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HomeMy WebLinkAboutContract 37531COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 3� WHEREAS, Mental Health Housing Development Corporation, hereinafter called "Developer", desires to make certain improvements to HANRATTY PLACE APARTMENTS, 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 Bonnie Siddons, its duly authorized Executive Director and the City, acting herein by and through Fernando Costa, its duly authorized Acting 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 faces 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. Hanratty Place Apartments Page 1 of 5 CITY SFORFi'AR'` 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. The following exhibits are made a part hereof. Hanratty Place Apartments Page 2 of 5 Water (A)attached; Sewer (A-I)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 lines) and/or meters as shown on Exhibit A, the estimated cost of which is $19,459. 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 water improvements as follows: WATER FACILITIES: To Estimated Developer Cost Estimated Cost City Estimated Total Cost Mains within Development $ 19,459 $ -0- $ 1%459 Approach $ -0- $ -0- $ -0- Easements* $ �0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineerin $ -0- 5 $ -0- $ -0- 3ub-Total Water $ 19,459 1 $ -0- $ 195459 be dedicated by the developer B. Developer shall install sanitary mains as shown on Exhibit A4, the estimated cost of which is $36,901. 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 City shall share in the cost of the sewer improvements as follows: Hanratty Place Apartments Page 3 of 5 SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated City Cost Estimated Total Cost Mains within Development $ 17,376 $ 1%525 $ 36,901 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- En ineerin $ -0- $ -0- $ -0- 3ub-Total Sewer $ 17,376 $ 193525 $ 365901 *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: l . Unit prices contained in City of Fort Worth Ordinance No. 14552; SEWER COST SHARE (The City pays for 8" sewer pipe and 2-4' manholes.) 8" sewer pipe ($45) 345 L.F. x $45 = I'diameter manhole ($2,000) 2 MH x $2,000 = $ 15,525 $ 4,000 $ 19,525 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated City Cost Estimated Total Cost Sub -Total Water $ 1%459 $ - $ 19,459 Sub -Total Sewer $ 17,376 $ 19,525 $ 365901 Contingency $ - Is 41881 $ 401 Sub -Total Water and Sewer Construction $ 36,835 $ 241406 $ 61,241 Construction Inspection $ 737 $ 488 $ 1,225 Materials Testing $ 737 $ 488 $ 1,225 Grand Total $ 38,309 $ 25,382 $ 63,691 ®FFICfAL RECORD Hanratty Place Apartments CITY SECRETARY Page 4 of 5 FT WORTH, TX 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 cj�'- has executed this instrument in quadruplicate, at Fort Worth, Texas this the day of 2008. Approval Recommended: Water Department S. Frank Crumb Director ATTEST: Marty Hendrix ATTEST: Corporate Secretary Hanratty Place Apartments Page 5 of 5 Contr,Nci huthorizatiox _ Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City Of Fort Worth Assistant City Manager Fernando Costa DEVELOPER Mental Health Housing Development Corporation By: Sign, print name and title 1\T&�'� Request Review Page 1 of 2 CFWnet City of Fort Worth Employee Intranet F_ ORT �r'VORTH 9/3/2008 �_ Staff Action Tracking Council Agenda M&C Employee Directory ACToday Employee Classifieds PRS IT Online Departments v ;l Print M&C COUNCIL ACTION: Approved on 9/2/2008 DATE: 9/2/2008 REFERENCE NO.: **C-23009 LOG NAME: 60MNTLHSNGDVEV CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Community Facilities Agreement with Mental Health Housing Development Corporation for Construction of Sewer Services to Serve Hanratty Place Apartments Located South of Downtown Fort Worth, Texas, with City Participation in the Amount of $25,382.00 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Mental Health Housing Development Corporation for the installation of sanitary sewer services to serve Hanratty Place Apartments, a development, located south of downtown Fort Worth with City participation in the amount of $25,382.00. DISCUSSION: Mental Health Housing Development Corporation, the developer of Hanratty Place Apartments, has executed a proposed contract for community facilities to serve a development located south of downtown Fort Worth, east of Hemphill Street and north of Terrell Avenue (see attached map). The total cost for water and sewer improvements for this development is $63,691.00. There will be City participation to increase pipe capacity in development area. The Developer and City estimated costs for sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY Water $19,459.00 $0.00 Sewer $17,376.00 $19,525.00 Contingency 0.00 4 881.00 Subtotal $36,835.00 $24,406.00 Inspection $737.00 $488.00 Materials Testing 737.00 488.00 TOTAL $38,309.00 $25,382.00 The estimated City costs include contingency amounts of $4,881.00 for sewer work. This development is zoned NS-T4N and located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: TOTAL $19,459.00 $36,901.00 $4,881.00 $61,241.00 $1,225.00 1 225.00 $63,691.00 http: //apps. cfwnet. org/council�acket/mc_review. asp?ID=99 96&councildate=9/2/200 8 09/03/2008 �T� C Request Review Page 2 of 2 The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Project Funds. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers P274 539140 708130091483 $24,406.00 P274 531350 708130091485 488.00 P274 531200 708130091484 488.00 Fernando Costa (8476) S. Frank Crumb (8207) Stephanie Francis (7585) ATTACHMENTS HanrattyPlaceApartments.pdf http://apps.cfwnet.org/council�acket/mc review.asp?ID=9996&councildate=9/2/2008 09/03/2008