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HomeMy WebLinkAboutContract 32226 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 3),) oXc WHEREAS, Westwood Group Development No. I, L.P., a Texas Limited Partnership by Westwood Group Development, LLC, hereinafter called "Developer", desires to make certain improvements to LeTara, a future 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 Gary Hazlewood, 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, 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. Developer is required to competitively bid the all contracts for the construction of the Sanitary Sewer Approach Main portion of the community facilities in accordance with Section II, paragraph 7 of the Policy and Chapter 252, Texas Local Government Code. The , Nr^o A-1 '� �� � shall bid and award all contracts for the construction of all of the 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 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 (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. COMMUNITY FACILITIES AGREEMENT CITY LETARA Page 2 of 7 l� •;(';'V�f U 0 IO o 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: Exhibit A-Water Facilities and Exhibit A-1- Sanitary Sewer Facilities 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. N. This agreement is being entered into with the understanding that this subdivision may be annexed into the City of Fort Worth. The developer and its successors and assigns shall include in deed restrictions to follow the title of each lot, the statement that the Development is served by the City of Fort Worth water and sewer with the understanding that this property will be annexed at such time as determined by the City of Fort Worth. This language will be required on the final plat. O. City will present an ordinance to the Fort Worth City Council recommending that a per acre sewer charge be adopted in accordance with Sec. 35-81 et seq. of the Code of the City of Fort Worth (1986), as amended. It is anticipated that, subject to and upon passage of the per acre sewer charge ordinance regarding this Agreement and pursuant to said Sec. 35-81, the Developer would be entitled to recover a proportionate share of the per acre charges as they are received by the City and that the Developer's proportion would be the same as the SEWER COST SHARE provided in Section II B below. P. Developer shall be entitled to recover front foot charges related to the water infrastructure to be installed pursuant to the terms contained herein, all in accordance with Sec. 35-58 of the Code of the City of Fort Worth (1986), as amended, and in accordance with the Policy, Section 111, A, 1(f) and Section 111, F. The amount to be collected shall be equal to the front raaQ�'vJ= r , J ,p COMMUNITY FACILITIES AGREEMENTLETv Page 3 of 7 j � YrJ`J'Uc`��' foot charge in affect as of the date a connection is made to the water infrastructure. Q. Payment of City participation shall be made within 75 calendar days following acceptance of the community facilities to be constructed pursuant to this Agreement. Calculation of City participation shall be based upon the unit prices contained in the competitively bid construction contracts and the percentages set out in the Sewer Cost Share table as Section II B below. 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 $614,930. 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 water improvements as follows: WATER FACILTIES: Estimated Estimated Estimated Estimated Estimated Developer Fort Worth Developer Haslet Cost Total Cost Cost(FW) Cost Cost(Hslt) Mains within $ 183,275 $ -0- $ -0- $ -0- $ 183,275 Development Approach $ 428,960 $ -0- $ -0- $ -0- $ 428,960 Easements* $ -0- $ -0- $ -0- $ -0- $ -0- Services $ 2,695 $ -0- $ -0- $ -0- $ 2,695 (1" x7) Engineering $ -0- $ -0- $ -0- $ -0- $ -0- Sub-Total $ 614,930 $ -0- $ -0- $ -0- $ 614,930 Water Fort Worth Construction $ 12,299 $ -0- $ -0- $ -0- $ 12,299 Inspection Water Total $ 627,229 $ -0- $ -0- $ -0- $ 627,229 * 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 ac hm1--ffiyqi 31 UP 4(I L yn' _ ., Ip il� � COMMUNITY FACILITIES AGREEMENTLET Page 4 of 7 �, •: '�;��!i � GUa Inspector Estimate costs by a prequalified contractor selected through open bid process. B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $922,668. 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, the City of Fort Worth, and the City of Haslet shall share in the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Estimated Estimated Estimated Estimated Developer Fort Worth Developer Haslet Cost Total Cost Cost(FW) Cost Cost (Hslt) Mains within $ 232,588 $ -0- $ -0- $ -0- $ 232,588 Development Approach $ 176,136 $ 440,018 $ 23,581 $ 50,345 $ 690,080 Easements* $ -0- $ -0- $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- $ -0- $ -0- Sub-Total $ 408,724 $ 440,018 $ 23,581 $ 50,345 $ 922,668 Sewer Fort Worth Construction $ 8,174 $ 8,800 $ -0- $ -0- $ 16,975 Inspection* TRA Construction $ 14,804 $ 36,983 $ 1,982 $ 4,231 $ 58,000 Inspection* Sewer Total $ 431,702 $ 485,801 $ 25,563 $ 54,576 $ 997,643 * To be obtained and dedicated by the developer. ** Inspection for sewer main from A to B, as shown on Exhibit C, attached hereto and made a part hereof, shall be performed by the City of Fort Worth. *** Inspection for sewer main from B to D, as shown on Exhibit C shall be performed by TRA, Fort Worth, and Haslet and maintained by Haslet until TRA assumes the maintenance in the future based on agreement by and between the cities of Fort Worth and Haslet and TRA. ^ ��E N o^DO no COMMUNITY FACILITIES AGREEMENT LETARA I �e Page 5of7 �' r11 �9 LGA' SEWER COST SHARE Developer Developer Fort Worth Haslet Capacity Capacity Capacity Capacity Total Capacity (FW) p (Hslt) p kSegment A-B 38.80% 61.20% 0.00% 0.00% 100.00% ment B-C 33.90% 53.46% 6.98% 5.66% 100.00% ment GD 17.92%1 67.79%1 3.69%1 10.60%1 100.00% TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated Estimated Estimated Estimated Developer Fort Worth Developer Haslet Cost Total Cost Cost(FW) Cost Cost (Hslt) Sub-Total $ 614,930 $ -0- $ -0- $ -0- $ 614,930 Water Sub-Total $ 408,724 $ 440,018 $ 23,581 $ 50,345 $ 922,668 Sewer Total Water and Sewer $ 1,023,654 $ 440,018 $ 23,581 $ 50,345 $ 1,537,598 Construction Fort Worth Construction $ 20,473 $ 8,800 $ -0- $ -0- $ 29,273 Inspection TRA Construction $ 14,804 $ 36,983 $ 1,982 $ 4,231 $ 58,000 Inspection Contingency* $ -0- $ 44,002 $ -0- $ -0- $ 44,002 Grand Total $ 1,058,931 $ 529,803 $ 25,563 $ 54,576 $ 1,668,873 * Contingency for the City's share for this project is $44,002 for associated construction and inspection. (Remainder of Page Intentionally Left Blank) COMMUNITY FACILITIES AGREEMENTLETI'� f Page 6 of 7 �e 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 sai4 Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the lt'day of o S , 2005 Approval Recommended: Cit o Fo orth S. Frank Crumb Ma Ott Acting Director Assistant City Manager ATTEST: Approv as to Form ality Marty Hendrix C.� © ssist Ci Attorney City Secretary contract Authorization ATTEST: U � 5 DEVELOPER rate! Westwood Group Development No. I, L.P., a Texas Limited Partnership By: WGD, GP, Management, L C Its gener 1 P r By: ry . Hazlewood Manager W:\04\04158\Documents\CFA LeTara 061505.doc COMMUNITY FACILITIES AGREEMENT CITY .6NICH�7"F LETARA Page 7 of 7 AVONDALE HASLET ROAD PROJECT LOCATION r� BLUEMOUND N 0) W E Z S LOCATION MAP C N,T,S,) LA TERA G ORD ON S. SWIF CONSULTING ENGINEER INC. N W E S NTS B L'0 C K. , ! 111 16 I I I I I I I I I I I I I I ! ' I BLACK {I 17 2 15 14 13 12 11 to 9 8 7 6 5 4 3 2 1 18 % \ •,,, _ B' lf.l. TARA Hl[L DR. 3 I 19 20 17 I 16 I 15 I 14 I 13 I 12 I 11 I 10 19 I B 17 I 6 I 5 4 I 34-4-4 r 120 I 21 122 I 23 24 I 25 I 28 127 I 28 I 29 I 30 I 31 I 32 ' 33 I 34 I 35 1 38 I 37 111 �I 6 -_`_- . — I1 TAYLOR MADE TR 8' �Z _ I 24 . - --- 7 1 } T4:: 38 3912 I 3 I 4 I 5 I 8 I/ ' 25 ,• 28 I 27 128 129 30 I 31 ! I� 37 40 I I I I B L:0 C 3 •j�r^1'- 1 -- `--�- L 0- �- 8 u ; i I 7 - Z\ 3 � 41 11 �/ I I J �' ----_��—__' :I !----'—j `\ %ice/,//i •� 35 m42 S I to 8 ,3 34 43 9 I /i 432 BLACK 3 �- i� 44 4 e,' i 5 / 33 I 45 48 47 10 B I j--T--� L Q�C K �1—7--1--1- \, 49`-,, , ./ , ,p I :58 ( 57I 56 4 55 154 153 152 I 51 j 50,� j� i,��:�\13\`•` y' ` /7 NDSONE UGH ill / /' / 11 �. 1 i� k15� V B L O C KI 8 , �/ r�� 0Li I 1 1 2 I 3 a I 5 1 8 7 7 6 r: � :� ,\\ I- ;�� ��' � �� J Is W EXHIBIT "A" WATER LAYOUT 0 WATER LINE FOR 0 Z GATE VALVE LA TERA m 0 PHASE 1 Z ti FIRE HYD. i GORDON S. SWIFT CONSULTING ENGINEER INC. N {Y E i � 1 — 5 1 I NTS 1 ., J H ti i CIDco LLL ��n ss' EXIST w 1 . 16" PROP W L 16" PROP W.L . r ._.... .._..... rt l/ ..rh..TJ_I.T. 11V 1 i ' i OFF SITZ �nh v EXHIBIT "A" ;, `. PATER LAYOUT C > � PROP.WATER LINE --- -- EXIST. WATER LINE FOR PROP. GATE VALVE EXIST. GATE VALVE LETARA 'sc C=>> PROP. FIRE HYD. EXIST. FIRE HYD. �y�ry CORDON S. SWIFT CONSULTING ENGINEER, INC. mo�o.a u.wrt w+.me.axnt mut n�m.un (enl.ue-ew. N W E S NTS --—---�•--��---A'VONURC�YtAStEi�RO'k8�80=RQR-—- --- -----—'--— --—-- �- T-�--�- -� T- �----`--�- 7 7--j-- --- - ----7-= - �� Ir BU0 CK I I 16 I 13 14 4 13 I 12 11 30 9 ' 8 ' 7 I 8 5 4 I 3 I 2 I l 17 �� •\ 18 , { i 3 19 �'I�' `~•`\, i�,ii� i//i i ; ---r--r-- ---I 1 I I 44I < jI--CBLOK -'4 17 I 18I I5 I '14I I3 ` 12I IlI 10I 9 7 8 5 4 1 18 21 \ I I H'L 0 G� K 5 22 19 120 I 21 122 , 23 124 , 25 126 127 I 20 I 29 I 30 ' 31 I 32 ` 33 ' 34 I 35 f 36 I 37 t I I , I -.� �� !' I----=---'---�--�---'---=--=---'---=--=Yom' NAD — i�i ----- , 1 A 7R l 1 L I r r t I I• 1 i lo, ssj 24 �{i --- 1 --------- \� 3a 39 l I II i I 1 I 2 3 I 4 5 8 i �� �• iI 25 I I I I i ; I �----- 26 Z7 28 29 30 31 i 11t I I zi i H --- --- L 1- 1 - - 1-- Imp 36 L) 41 t 11 1 7 % 2 � �1' \ I i , 1 35 m 42 1 10 8 iii' T,' 3 i 34 43F, I •,\ 4 I I 32 •\ /� �'�/ / 44 33 46 47 110 BLOCK: 1 49 /" \ 12 , I58 I 57 I 56 I 55 I 54 I 53 152 I 51 5014 , i��� \Ig �� �Ag�(���,L-(.I�y �N I]�7 •1I0 I I I I 12 1 3 1 4 i 5 i 6 i 7 j 8 �' :,t\, 17 •� lNJY 6r �6�,���ppyy 1 ��t 1 � BL'0CK 8 19 EXHIBIT "A-I" PROPOSED SEWER LINE SE R LAYOUT O PROPOSED SEWER MANHOLE FORLA TERA EXIST. SEWER MANHOLE PHASE -------- EXIST. SEWER LINE GORDON S. SWIFT Exhibit "A-1" Off-Site Sanitary Sewer for LeTara TFt4 Maim ki '"� Escis�ng Haslet Maes ;�".#�. t iF ,�. LeTara DIi-S7�Exlensiarr `��_h` � r S`E'WBr Meter.�F��9R !J t LeTara c3rl-Site Main - corn ,vearo, f City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/4/2005 DATE: Thursday, August 04, 2005 LOG NAME: 60LETARACFA REFERENCE NO.: C-20892 SUBJECT: Authorize Execution of Community Facilities Agreement with Westwood Group Development No. I, L.P., a Texas Limited Partnership by Westwood Group Development, LLC, its General Partner, for Construction of Water and Sewer Services to Serve Le Tara Addition RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Community Facilities Agreement with Westwood Group Development No. I, L.P., a Texas Limited Partnership by Westwood Group Development, LLC, its general partner, for the installation of water and sewer services to serve Le Tara Addition; and 2. Authorize the provision of water and sewer services to the Le Tara Addition, a future single-family home development, located in the 287 Zone limited purpose annexation area. DISCUSSION: Westwood Group Development No. I, L.P. has executed a proposed contract for community facilities to serve a development of single-family homes in the limited purpose annexation area of the 287 Zone, south of Avondale Haslet Road and west of FM 156 (see attached map). The total cost for water and sewer improvements for this development is $1,668,873.00, including the fee for the Trinity River Authority (TRA) inspection. The developer, the City of Fort Worth and the City of Haslet shall share in the cost of the sewer improvements. Inspection for sewer main from Point A to Point B as shown on the attached Exhibit "A-1" shall be performed by the City of Fort Worth. Inspection for sewer main from Point B to Point D shall be performed by TRA, Fort Worth, and Haslet and maintained by Haslet until TRA assumes the maintenance in the future based on agreement by and between the cities of Fort Worth and Haslet and TRA. In advance, the developer has paid cash for their portion of the inspection costs and Haslet has paid for their portion of the construction and inspection costs. This property is located inside the Fort Worth Certificate of Convenience and Necessity (CCN) area. The developer understands that, until such time as the property may be annexed for full purposes, the fees and rates will be double the rates charged to customers inside the City of Fort Worth. ESTIMATED COST: Project Cost Developer(FM Fort Worth Developer(Haslet) Haslet Total Water $614,930.00 $0.00 $0.00 $0.00 $614,930.00 Sewer $408,724.00 $440,018.00 $23,581.00 $50,345.00 $922,668.00 Easements $0.00 $0.00 $0.00 $0.00 $0.00 Fort Worth Inspection $20,473.00 $8,800.00 $0.00 $0.00 $29,273.00 TRA Inspection $14,804.00 $36,983.00 $1,982.00 $4,231.00 $58,000.00 Logname: 60LETARACFA Page 1 of 2 Contingency $0.00 $44,002.00 $0.00 $0.00 $44,002.00 TOTAL $1,058,931.00 $529,803.00 $25,563.00 $54,576.00 $1,668,873.00 This development is located adjacent to COUNCIL DISTRICT 7. Contingency for this project is $44,002 for associated construction and inspection. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P174 539140 070174014004 $521,003.00 Submitted for City Manager's Office by: Marc A. Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional Information Contact: S. Frank Crumb (Acting) (8207) Logname: 60LETARACFA Page 2 of 2