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HomeMy WebLinkAboutContract 31029 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary ''\\ COUNTY OF TARRANT § Contract No.� l 01 WHEREAS, Marbur Development, Inc., hereinafter called "Developer", desires to make certain improvements to FMC Clinic #1151, 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, 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 Wayland Burger, its duly authorized President, 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 Iilstallativn of CoiiiTiiiiriIL 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 11, 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 FMC Clinic#1151 Revised Form per Legal 2/21/03 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. 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). I. 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. J. 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. K. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof- Water ereofWater (A)attached Sewer (A-1) ; Paving (B) Storm Drain (13- 1)_; Street Lights and Signs (C). FMC Clinic#1151 Revised Form per Legal 2/21/03 H. 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 $15,888. 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 $ 11,147 $ 4,741 $ 15,888 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 11,147 $ 4,741 $ 15,888 * 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. Unit prices contained in City of Fort Worth Ordinance No. 14552; WATER COST SHARE (Developer pays for 8" water pipe, gate valve, and fittings. The City pays for 10"/8" water pipe, gate valve, and fittings. 10"/8" water pipe ($24-$17) 588 L.F. x $7 = $ 4,116 10"/8" gate valve ($1,182-$676) 1 EA. x $506 = $ 506 Cast Iron Fittings ($2,969/ton)= 0.04 Ton x $2,969 = $ 119 $ 4,741 FMC Clinic#1151 Revised Form per Legal 2/21/03 Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6"Water Pie $ 15.00 2 LF 8"Water Pie $ 17.00 3 LF 10"Water Pie $ 24.00 4 LF 12"Water Pie $ 26.00 5 LF 16"Water Pie $ 40.00 6 EA 8"Gate Valve w/Cast Iron box& Lid $ 676.00 7 EA 10" Gate Valve w/Cast Iron box & Lid $ 1,182.00 8 EA 12" Gate Valve w/Cast frog� box & Lid $ 1,223.00 9 EA 16"Gate Valve w/Cast Iron box & Lid $ 6,587.00 10 TN Cast Iron/Ductile Iron Fittings $ 2,969.00 Install 1"Air& Vacuum Release Valve 11 EA wNault $ 3,534.00 Install 4" blow-Off w/4" Gate Valve & 12 EA Sump Manhole $ 3,624.00 FMC Clinic#1151 Revised Form per Legal 2/21/03 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $0. 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 $ -0- $ -0- $ -0- Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service ) $ -0- S -0- $ -0- Paving over sewer $ -0- $ -0- $ -0- Sub-Total Sewer $ -0- $ -0- $ -0- Sub-Total Water $ 11,147 $ 4,741 $ 15,888 Total of Water and Sewer Const. $ 11,147 $ 4,741 $ 15,888 Construction Inspection $ 223 $ 95 $ 318 Grand Total $ 11,370 1 $ 4,836- 1 $ 16,206 *To be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. FMC Clinic#1151 �i Revised Form per Legal 2/21/03 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 quadruplicate, at Fort Worth, Texas this the hday of 2004. Approval Recommended: Water Department C._�nLract Authorization S. Frank Crumb Date Acting Director ATTEST: Ci ort Worth City Secretary A sistant City Manager Marty Hendrix Marc A. Ott Approved as to Form: Assistant Ci Attorney DEVELOPER ATTEST: Corporate Secretary By:: P t ame and title LA f l Y rC�J p FMC Clinic#1151 � Revised Form per Legal 2/21/03 J o w'."�u�1 d` '•= i FMC - D . S . OF FORT WORTH FMC CLINIC # 1 1 S1 LOT 1 , BLOCK 1 , E. ROGERS /ADDITION FORT WORTH, TARRANT COUNTY, TEXAS ��SflF Co H E.SEMINARY DR. f�US a v Op. SITE RR JOE B. RUSHING RD. ^ RAYMOND BARBER 3j SF, a m COOP 8 ?p ay a VICINITY MAP • W ER/DEVELOPER: 0 2027 FLEUR DE US I'RRII 70N,TEXAS 76011 TCL NONC:8t7-261-2374 DI SCIULLO & TERRY, INC. CONSULTING ENGINEERS 401-A WEST ABRAM STREET- P.O. BOX 506 ARLINGTON, TEXAS 76010 (817)275-3361 A-5-D1 Z--- Ousr/'vc CAMPUS DRIVE Nc lo.,WL (121 PROPOS Pu8L/c 10. PVC WL PROPOSED PUBLIC 10" PVC WL — =Z=— CONNECT NEW 10" WL ————— is 7FOI-ss-- TO EXISTING 10" WLNSTALL X6 TEE L�y AND FH. FEND NEW 10" WL 1 588 LF EXTENTION AT PROPERTY LINE] OF 10" PUBLIC WL PROPOSED BLOC. o ---j EXHIEff A WATER LAYOUT FMC-D.S. OF FORT WORTH DI SCIULLO & TERRY, INC. FMC CLINIC#1151 CONSULTING ENGINEERS 401-A WEST ABRAM STREET- P.O. BOX 506 LOT 1, BLOCK 1, E. ROGERS ADDITION ARLINGTON, TEXAS 78010 (617) 275-3361 FORT WORTH,TARRANT COUNTY,TEXAS GRAPHIC SCALE IN FEET 8-5-04 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/2/2004 DATE: Tuesday, November 02, 2004 LOG NAME: 60CLINIC REFERENCE NO.: C-20383 SUBJECT: Approval of Community Facilities Agreement with Marbur Development, Inc., for Construction of Water Services to Serve FMC Clinic#1151 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Marbur Development, Inc., for the installation of water services to serve FMC Clinic#1151. DISCUSSION: Marbur Development, Inc. has executed a proposed contract for community facilities to serve FMC Clinic #1151, located in the southern portion of Fort Worth, west of Campus Drive and south of Raymond Barber (see attached map). The total cost for water improvements for this development is $16,206. There will be City participation in water pipe oversizing (10"/8") 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 DEVELOPER CITY TOTAL Water $11,147.00 $4,741.00 $15,888.00 Sewer $0.00 $0.00 $0.00 Easements $0.00 $0.00 $0.00 Inspection $223.00 $95.00 $318.00 Total $11,370.00 $4,836.00 $16.206.00 This development is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. I nansme• 60CI TNTC TO Fund/Account/Centers FROM Fund/Account/Centers P164 539140 060164015208 $4,741.00 Submitted for City Manager's Office b Marc Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional Information Contact: S. Frank Crumb (Acting) (8207) T nannmP• 0(0(`T TNT(`