HomeMy WebLinkAboutContract 35448COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COLTNTY OF TARRANT § Contract No.
WHEREAS, Carleton Development, LTD., hereinafter called "Developer",
desires to make certain improvements to Samuel's 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 R. David Kelly, its duly
authorized Vice 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.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
� �; .
SamuePs Place Apartments �,,,,� � ������� � �"�� �
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Page 1 of6 ' +��� U u�s1,'u�L;�?f l
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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
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, wlzetlaer or szot suclz i�z�uries, death or dafna�es are caused,
in wlzole or in part, by tlae alle�ed ne�li�ence of tlze Citv of Fort Wortla,
its offcers, 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:
Samuel's Place Apartments
Page 2 of 6
M.
Water (A)attached; Sewer (A-1)attached; Paving (B) Storm Drain (B-
1)_; Street Lights and Signs (C).
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 $68,532.
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 FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 51,006 $ 17,526 $ 68,532
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Water $ 51,006 $ 17,526 $ 68,532
*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 and gate valves. The
City pays for 16"/8" water pipe and gate valves.)
16"/8" water pipe ($40-$17)
248 L. F. x $23 =
16"/8" gate valve ($6,587-$676)
2 Ea x 5,911 =
Samuel's Place Apartments
Page 3 of 6
$ 5,704
$ 11,822
$ 17,526
WATER
Unit Price from
Pay Item Unit Description Developer's
Projects
1 LF 6" Water Pi e $ 15.00
2 LF 8" Water Pi e $ 17.00
3 LF 10" Water Pi e $ 24.00
4 LF 12" Water Pi e $ 26.00
5 LF 16" Water Pi e $ 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 Iron 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
11 EA Install 1" Air & Vacuum Release Valve � 3,534.00
wNault
12 EA Install 4" blow-Off w/4" Gate Valve & $ 3,624.00
Sum Manhole
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $47,300. 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 Development $ 46,850 $ 450 $ 47,300
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Sewer $ 46,850 $ 450 $ 47,300
*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;
Samuel's Place Apartments
Page 4 of 6
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SEWER COST SHARE (Developer pays for 6" sewer pipe. The City pays for 8"
sewer pipe.)
8"/6" sewer pipe ($25-$24)
450 L.F. x $1 = $ 450
SEWER
Unit Price from
Pay Item Unit Description Developer's
Projects
1 LF 6" Sanitar Sewer Pi e $ 24.00
2 LF 8" Sanitar Sewer Pi e $ 25.00
3 LF 10" Sanitar Sewer Pi e $ 26.00
4 LF 12" Sanita Sewer Pi e $ 27.00
5 LF 15" Sanita Sewer Pi e $ 28.00
6 LF 18" Sanitar Sewer Pi e $ 38.00
7 LF 21" Sanita Sewer Pi e $ 45.00
8 LF 24" Sanitar Sewer Pi e $ 48.00
9 EA Standard 4' Diameter Manhole $ 1,293.00
10 EA Standard 5' Diameter Manhole $ 3,125.00
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 51,006 $ 17,526 $ 68,532
Sub-Total Sewer $ 46,850 $ 450 $ 47,300
Total Water and Sewer $ 97,856 $ 17,976 $ 115,832
Construction
Construction Ins ection $ 1,957 $ 360 $ 2,317
Grand Total $ 99,813 $ 18,336 $ 118,149
Samuel's Place Apartments
Page 5 of 6
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 '7.��clay of
�_, 2007. _-
Approval Recommended:
Water Department
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(,-.�;f\. . rank Crumb
Director
ATTEST:
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'� City ecretary
y Marty Henclrix
ATTEST:
Corporate Secretary
Samuel's Place Apartments
Page 6 of 6
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Cor.t�aG'� �ut ar�zatio�a
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City Of Fort Worth
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�Assistant City Manager
Marc A. Ott
DEVELOPER
Carleton Development, LTD.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/19/2007 - Ord. #17615-06-2007
DATE: Tuesday, June 19, 2007
LOG NAME: 60SAMUELS PLACE
Page 1 of 2
REFERENCE NO.: **C-22200
SUBJECT:
Authorize Execution of Community Facilities Agreement with Carleton Development, LTD for
Construction of Water and Sanitary Sewer Services to Serve Samuel's Place Apartments and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $18,336.00 from the Water and Sewer Operating Fund to the Water Capital
Projects Fund in the amount of $17,886.00 and Sewer Capital Projects Fund in the amount of $450.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of $17,886.00 and the Sewer Capital Projects Fund in the
amount of $450.00 from available funds; and
3. Authorize the City Manager to execute a Community Facilities Agreement with Carleton Development,
LTD for the installation of water and sanitary sewer services to serve Samuel's Place Apartments, a
development located in north Fort Worth.
DISCUSSION:
Carleton Development, LTD, the developer of Samuel's Place Apartments, has executed a proposed
contract for community facilities to serve a development located in the north part of Fort Worth, south of
Poindexter Street and east of Samuels Avenue (see attached map).
The total cost for water and sewer improvements for this development is $118,149.
participation in water pipe (16"/8") and sewer pipe (8"/6") oversizing to increase
development and drainage area. The Developer and City estimated costs for
improvements are subject to construction inspection fees.
ESTIMATED COSTS:
PROJECT COST
WATER
SEWER
INSPECTION
TOTAL
DEVELOPER
$51,006.00
$46,850.00
1 957.00
$99,813.00
This development is zoned D and located in COUNCIL DISTRICT 9.
CITY
$17,526.00
$450.00
360.00
$18,336.00
There will be City
pipe capacity in
water and sewer
TOTAL
$68,532.00
$47,300.00
2 317.00
$118,149.00
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 06/19/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance funds will be available in the current capital budget, as appropriated, of
the Water and Sewer Capital Projects Fund.
TO Fund/Account/Centers
1&2
P264 472045 6091500568ZZ
1&2
P274 472045 7091300568ZZ
�
P264 539140 609150056883
�
P264 531350 609150056885
�
P274 539140 709130056883
FROM Fund/Account/Centers
$17,886.00 �
P274 539140 709130056883
450.00 �
P264 539140 609150056883
$17,526.00
360.00
450.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
�PE45 538070 0609020
1)PE45 538070 0709020
Marc Ott (8476)
S. Frank Crumb (8207)
Carrie McBeth (7585)
450.00
$17,526.00
$17,886.00
450.00
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 06/19/2007