HomeMy WebLinkAboutContract 33490 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.3m
WHEREAS, Wilbow-Skyline Development Corporation, hereinafter called
"Developer", desires to make certain improvements to Skyline Ranch (Walnut Creek
Sanitary Sewer Interceptor, Phase II and III), 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 Chas Fitzgerald, 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 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.
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Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase 11 and 111)
Revised 3/22/2006
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E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
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
according to the terms of this agreement (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.
Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase 11 and 111)
Revised 3/22/2006
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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:
Water (A)attached; Sewer (A-1)attached; Paving (B none; Storm Drain
(B-1)none; Street Lights and Signs (C)none.
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 $515,804.
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 Skyline
Ranch, Phase I $ 459,307 $ 56,497 $ 515,804
(Walnut Creek Phase III)
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Sub-Total Water $ 459,307 $ 56,497 $ 515,804
* 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
public open bid and actual quantities installed.
Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase II and III)
Revised 3/22/2006
3of8 U °?
WATER COST SHARE FOR THE CITY (For Skyline Ranch, Phase I (Walnut
Creek Phase III) the Developer pays for 12" water pipe, 12" gate valve,
and 24" steel casing. The City pays for 24"/12" water pipe, 24"/12" gate
valve, and 42"/24" steel casing.)
24'712" water pipe ($65-$28)
401 L.F. x $37 = $ 14,837
24'712" gate valve ($21,000-$1,300)
1 EA. x $19,700 = $ 19,700
42"/24" steel casing ($420-$300)
183 L.F. x $120 = 21,960
$ 56,497
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $2,089,534. 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 sewer improvements as follows:
SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Skyline
Ranch, Phase I $ 330,414 $ -0- $ 330,414
(Walnut Creek Phase III)
33" Sewer Trunk Main
(Walnut Creek Phase II)* $ 255,260 $ 1,096,520 $ 1,351,780
30" Sewer Trunk Main $ 163,430 $ 243,910 $ 407,340
(Walnut Creek Phase III)
Easements** $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Sub-Total Sewer 1 $ 749,1041 $ 1,340,430 1 $ 2,089,534
*BBT Crossing Ltd. contributed $150,000 toward the City's portion of the
construction cost to the 33" sewer trunk main. BBT Crossing Ltd. will be
responsible for the cost and construction of a meter station, and will dedicated the
appropriate easements in accordance with the Memorandum of Understanding
dated (M&C C- 9 1Y 33dated b
**To be dedicated by the developer. {{
Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase II and Ill)
Revised 3/22/2006
4 of 8
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
public open bid and actual quantities.
SEWER COST SHARE FOR THE CITY (For Walnut Creek Sanitary Sewer
Interceptor, Phase II, the Developer pays for 8" sewer pipe. The City pays
for 33"/8" sewer pipe. For Walnut Creek Sanitary Sewer Interceptor,
Phase III, the Developer pays for 8" sewer pipe and 4' diameter manholes.
The City pays for 30"/8" sewer pipe and 6/4' diameter manholes.)
Walnut Creek Sanitary Sewer Interceptor, Phase II
33"/8" sewer pipe ($1,351,780-$255,260)
1 LS x $1,096,520 = $1,096,520
Walnut Creek Sanitary Sewer Interceptor, Phase III
30"/8" sewer pipe ($74-$23)
4,610 L.F. x $51 = $ 235,110
6/4' diameter manhole ($2,500-$1,500)
2 EA. x $1,000 = $ 2,000
5'/4' diameter manhole w/ knockout panels ($2,800-$1,700)
6 EA. x $1,100 = $ 6,600
5'/4' vacuum test manhole ($100-$75)
8 EA. x $25 = $ 200
$ 243,910
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 459,307 $ 56,497 $ 515,804
Sub-Total Sewer $ 749,104 , $ 1,340,430 $ 2,089,534
Total Water and Sewer $ 1,208,411 $ 1,396,927 $ 2,605,338
Construction
Construction Inspection $ 24,168 $ 27,939 $ 52,107
Grand Total $ 1,232,5f9F$— 1,424,866 $ 2,657,445
Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase 11 and 111) V i U
Revised 3/22/2006
5of8 ,
III. Special Provisions
A. Due to the timing of the construction of Walnut Creek Sanitary Sewer
Interceptor Phase I and II, which serves Skyline Ranch, Wilbow-Skyline
Development Corporation will enter into a private maintenance agreement with
the City of Fort Worth for the pumping of the sanitary sewer collection main and
transportation to an acceptable dumpsite, which must be approved by the Texas
Commission on Environmental Quality(TCEQ). If Phase II of the Walnut Creek
Sanitary Sewer Interceptor is not completed and accepted by the City, this
pumping permit must be approved by TCEQ before building permits are issued.
As part of the TCEQ approved private maintenance agreement, construction and
completion of the approach sewer main will not be an additional City requirement
for the issuance of building permits and certificates of occupancy (if applicable)
or final inspections for the construction of single-family homes within Skyline
Ranch, Phase 1. As Building Permits are issued, Wilbow-Skyline Development
Corporation shall be committed to the private maintenance and pumping of sewer
at station 23+75.15 of the sanitary sewer collection main until the downstream
side (Walnut Creek Sanitary Sewer Interceptor Phase II) of the sewer mains are
constructed and accepted by the City.
B. Partial Payments for City's Share of Costs. On or before the fifth (5th)
day of each calendar month during the term hereof, Developer shall submit to the
City (i) an Application for Payment (herein so-called) describing the work
completed on the Community Facilities through the last day of the previous
month, and (ii) invoices relating to such work previously performed and/or
materials installed that are the subject of the Application for Payment. No later
than the tenth (10) day of the month (the "Review Period") the City shall review
and approve the Application for Payment, and the City shall pay the authorized
recipient the amount (less any statutory or contractual retainage) requested in the
Application for Payment and approved by the City within twenty-five (25) days
after the earlier of (1) the expiration of the Review Period or (2) approval or
deemed approval of the Application for Payment. If any portion of the
Application for Payment is disputed by the City, then the disputing
7�5, COOL
^T
Skyline Ranch(Walnut Creek SanitarySewer Interceptor,Phase 11 and III 1 �'D &I
Revised 3/22/2006 P ) ��L � �Ul ��
deliver to the Developer a written objection notice during the Review Period
setting forth such objections in reasonable detail. The undisputed portion of the
Application for Payment shall be timely paid to the authorized recipient as
provided above. If the City fails to timely and reasonably object to such
Application for Payment as provided above, the City shall be deemed to have
approved the Application for Payment. If the City timely and reasonably objects
to the Application for Payment, Developer shall exercise good faith efforts to cure
the objectionable items to the City's reasonable satisfaction, and the process set
forth above shall be repeated until the Application for Payment is completely
approved and fully paid. After the City has paid the funds requested in an
Application for Payment, the Developer will obtain a release and/or waiver of
liens, claims, security interests and encumbrances arising out of the work paid for
by the City and provide copies thereof to the City with each following
Application for Payment. Upon execution hereof, the City and Developer may
execute a consent to assignment of payment form so that payments due the
Developer may be paid directly to its construction contractor. If Developer
assigns its right to payments under this Agreement, Developer will remain
responsible for the payment procedures set forth above.
C. Wilbow-Skyline Development Corporation agrees to construct the future
extension of the Walnut Creek Sanitary Sewer Interceptor to the westernmost
edge of its development(to its intersection with FM Highway 2871) as part of and
integral with the construction of the corresponding future phase of Skyline Ranch.
Wilbow-Skyline Development Corporation shall receive payment for the City's
Share of Costs per Section III B above. Should Wilbow-Skyline Development
Corporation not require connection to the future extension of the Walnut Creek
Sanitary Sewer Interceptor, Wilbow-Skyline Development Corporation shall have
no Share of Cost for its future extension. Wilbow-Skyline Development
Corporation agrees to grant the necessary easements to the City for the
construction of the future Walnut Creek Sanitary Sewer Interceptor extension
across the future phase of Skyline Ranch.
Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase II and III)
Revised 3/22/2006
7of8 f "
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
' • - executed this instrument in quadruplicate, at Fort Worth, Texas this the;LPay of
2006.
Approval Recommended:
Water Department
C_
. Frank Crumb contract Asthorizatiox
Director L.a-LL
_
Date
ATTEST:
City O rt Worth
City Secretary _ Assistant City Manager
Marty Hendrix Marc A. Ott
Approve as to Form:
Assistant ty ttorney
DEVELOPER
Wilbow-Skyline
ATTEST: Development Corporation
Corporate Secretary Chas Fitzgeal
President
Skyline Ranch Walnut Creek Sanitary Sewer Interceptor,Phase II and III 6D
Revised 3/22/2006 v' �+ G-: laL5V f D
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CITY
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/2/2006
DATE: Tuesday, May 02, 2006
LOG NAME: 60SKYLINE RANCH REFERENCE NO.: C-21432
SUBJECT:
Authorize Approval of a Community Facilities Agreement with Wilbow-Skyline Development
Corporation for Construction of Water and Sewer Services to Serve Skyline Ranch (Walnut Creek
Sanitary Sewer Interceptor, Phase II and III)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Wilbow-Skyline Development Corporation, for the installation of water and sewer services
to serve Skyline Ranch (Walnut Creek Sanitary Sewer Interceptor, Phase II and III), a future single-
family development, located in far southwest Fort Worth.
DISCUSSION:
Wilbow-Skyline Development Corporation, the developer of Skyline Ranch (Walnut Creek Sanitary Sewer
Interceptor, Phase II and III), has executed a proposed contract for community facilities to serve a single-
family development located in the far southwest part of Fort Worth, south of Aledo and east of Concho
Valley Trail (see attached map).
The total cost for water and sewer improvements for this development is $2,657,445. There will be City
participation in water pipe (24"/12") oversizing to increase pipe capacity in the development area of Skyline
Ranch, Phase I (Walnut Creek Phase III). The City will participate in sewer pipe (33"/8") and (30"/8")
oversizing to increase pipe capacity in the drainage area of Walnut Creek Phase II and III. The Developer
and City estimated costs for water and sewer improvements are subject to construction inspection fees.
ESTIMATED COSTS:
DEVELOPER CITY TOTAL
WATER WITHIN SKYLINE RANCH (WALNUT CREEK, PHASE III) $459,307.00 $56,497.00 $515,804.00
SEWER WITHIN SKYLINE RANCH (WALNUT CREEK, PHASE III) $330,414.00 $0.00 $330,414.00
33 $255,260.00 $1,096,520.00 $1,351,780.00
30 $163,430.00 $243,910.00 $407,340.00
INSPECTION $24,168.00 $27,939.00 $52,107.00
TOTAL $1,232,579.00 $1,424,866.00 $2,657,445.00
* BBT Crossing Ltd., a Benbrook developer, will contribute $150,000 toward the City's portion of the
construction cost to the 33" sewer trunk main (Walnut Creek, Phase II) before construction begins. BBT
Crossing Ltd. will be responsible for the cost and construction of a meter station and will dedicate the
appropriate easements.
This development is zoned A-5 and located in COUNCIL DISTRICT 3.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/15/2006
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water and Sewer Capital Projects Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
P264 539140 603140034388 $56,497.00
P274 539140 703140034388 $243,910.00
P274 539140 703140034387 $1,096,520.00
Submitted for City Manager's Office b Marc Ott (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Carrie McBeth (7585)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/15/2006