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HomeMy WebLinkAboutContract 35658 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, WJ Haywire I, L.P., a Texas limited partnership, hereinafter called "Developer", desires to make certain improvements to Haywire Ranch, Phase I, Onsite Water and Sewer Improvements, 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 Frank G. Murphy, its duly authorized Senior 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 H, 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 t Haywire Ranch,Phase 1,Onsite Water and Sewer Improvements Pagel of b NJ 151r r� sw0,kPy , Hit. 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 nepl&ence 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. Haywire Ranch,Phase I,Onsite Water and Sewer Improvements Page 2 of 6 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. 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 $917,459.86. 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 Estimated Total Development Cost Oversize Cost Cost Mains within Development $ 636,528.86 $ 280,931.00 $ 917,459.86 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 636,528.86 $ 280,931.00 $ 917,459.86 *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. Public open bid; Haywire Ranch,Phase I,Onsite Water and Sewer Improvements Page 3 of 6 WATER COST SHARE (For onsite water improvements, the estimated development cost is for 16" water pipe, gate valves, 16" x 8" ring connection, 1" air release on 16", and fittings. The estimated oversize cost is for 36"/16" water pipe, gate valves, 36" x 16"/16" x 8" ring connection, 1" air release on 36"/16", and fittings.) Onsite Water Improvements 36'716" water pipe ($112.20-$44.95) 2,336 L.F. x $67.25 = $ 157,096.00 36"/16" gate valve ($20,435.00-$7,900.00) 2 EA. x $12,535.00 = $ 25,070.00 36" x 16"/16" x 8" ring connection ($16,200.00-$3,600.00) 3 EA. x $12,600.00 = $ 37,800.00 1" air release on 36'716" ($12,615.00-$3,130.00) 1 EA. x $9,485.00 = $ 9,485.00 Cast iron fittings ($9,900.00) 5.2 Tons x $9,900.00 = $ 51,480.00 $ 280,931.00 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $441,006.28. 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 Estimated Total Development Cost Oversize Cost Cost Mains within Development $ 441,006.28 $ -0- $ 441,006.28 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 441,006.28 $ -0- 1 $ 441,006.28 *To be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. Haywire Ranch,Phase I,Onsite Water and Sewer Improvements Page 4 of 6 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated Construction Material Development Cost Oversize Cost Inspection TestingGrand Total Sub-Total Water $ 636,528.86 $ 280,931.00 $ 18,349.20 $ 18,349.20 $ 954,158.26 Sub-Total Sewer $ 441,006.28 $ -0- $ 8,820.13 $ 8,820.13 $ 458,646.54 TOTAL $ 1,077,535.14 $ 280,931.00 $ 27,169.33 $ 27,169.33 $ 1,412,804.80 Developer Cost $ 1,047,577.98 $ 30,000.00 $ 21,551.57 $ 21,551.57 $ 1,120,681.12 City Cost $ -0-1 $ 250,931.00 $ 5,018.62 $ 5 018.62 $ 260,968.24 Ci Cost I $ -0- $ 29,957.16 1 $ 599.14 1 $ 599.141 $ 31,155.44 Total City Cost $ -0- $ 280,888.16 $ 5,617.76 $ 5,617.76 $ 292,123.68 TOTAL 1 $ 1,047,577.98 1 $ 310,888.16 $ 27,169.33 $ 27,169.33 1 $ 1,412,804.80 The Developer pays to the City $30,000 for a future water treatment plant in the vicinity of the Development per Article I, Section 8 of the Utility Agreement for Haywire Ranch, Phase I approve by City Council on May 30, 2006 (M&C C-21479). 2City pays oversize cost of$29,957.16 from the CFA for Haywire Ranch, Offsite Water and Sewer Improvements. Haywire Ranch,Phase 1,Onsite Water and Sewer Improvements 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 syi Developer h execut d his instrument in quadruplicate, at Fort Worth, Texas this the day of 2007. Approval Recommended: Water Department S. Frank Crumb Contract ut orizatio:). Director r7 , Lid!€�? ATTEST: City Of Fo Worth City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approved o Form: " Assistant C' Otorney DEVELOPER WJ Haywire I, L.P., a Texas ATTEST: limited partnership Corporate Secretary By: aL.2-(le Sign, print name an title Haywire Ranch,Phase I,Onsite Water and Sewer Improvements END Page 6 of 6 N1 N PAVING, DRAINAGE & UTILITY IMPROVEMENTS TO SERVE HAYWIRE RANCH, SECTION 1 (D.O.E. NO. 5453) . I I Ulu a L — — — — x o HAYWIRECt G 0. RA CH o N 0 N co lu I � F�- E Sfrr�FM IV 0 o > o I F m w F p F I O Q I I QQ G� LOCATION MAP (MAPSCO F57-P) TARRANT COUNTY Jones & Boyd, Inc 3601 N.E.Loop 820,Suite 102 Fort Worth,Texas 76137 Tel:817-847-BW Fax:817N7.9974 FEBRUARY 7, 2007 — SHEET SCALE: 1"=500' 1 E T E i • I . tl S H �E Jones & Boyd, Inc. 3601 N.E.Loop 820,Suite 102 Fort Worth,Texas 76137 Tel:817-847-8444 Fax:817-847-9974 FEBRUARY 7, 2007 — SHEET SCALE: 1"=2D0' DREGDN TRAIL Ir �• I a m I 'S I "I'Er D IVE _ I o 0 YI Q .^ f L J 12 - LEGEND I I = I W PROP. WATERLINE „ V) 4 PROP. VALVE •D W ,2 , I !w .♦, PROP. FIRE 2 6 HYDRANT 2 p PROP. AIR I 4 �— RELEASE VALVE 1 + IS 14 11 12 I II ID 9 d e I I D ' PROPOSED WATER LINES ARE 8" UNLESS 5 HATHAWAY D VE OTHERWISE INDICATED. 7 9 6 12 9 i6 ,5 Is ,1 II ID 6 d \ I < I O W I W U , s \ 5 / \ \ 17 td 19 20 21 22 23 2< /a \\ FRAZER LANE WATER 3 — — EXHIBIT 'A' a 2 ' ID „ 11 ,< ,5 1 6 PAVING, DRAINAGE, & UTILITY IMPROVEMENTS TO SERVE l - HAYWIRE RANCH, SECTION m Jones & Boyd, Inc. SEE SHEET 6 3601 N.E.Loop 820,Suite 102 Fort Worth,Texas 76137 Tel:817-847-8444 Fax:817-847-9974 FEBRUARY 7, 2007 — SHEET SCALE: 1"=200' c s IyE�� CAS" E COURT : I z ° z cz a ' ° a P LEGEND ws w PROP. WATERLIP 2 „ POPLIN L4h1� .e —+-�— PROP. VALVE w ' ,M PROP. FIRE cn e HYDRANT PROP. AIR N I RELEASE VALVE 9 � L u h PROPOSED WATER CD LINES ARE B" UNLESS $ OTHERWISE INDICATED. TN4 b'q Y o 0. B 7 5 � e i J / BOO o2 2 1 r /qL (� 15 I 26 27 IB p 0v Q Z9 30 31 ^Z A zP tiu� WATER FRAZER (qN y��� EXHIBfT 'A' 17 a 9 PAVING, DRAINAGE, & 20 z1 UTILITY IMPROVEMENT: 22 TO SERVE 7J .moo HAYWIRE RANCH, SECTION o� g'm Jones & Boyd, Inc, SEE SHEET 6 3601 N.E.Loop 820,Suite 102 Fort Worth,Texas 76137 Tel:817-847-8444 Fax:817-847-9974 FEBRUARY 7, 2007 — SHEET J' SCALE: 1"=200' HAROLD V. JOHNSON, III OSAGE LANE TRACT I VOL. 17040, PG. 198 9 13 12 a I B I7 14 13 0 s ' O 15 '0 > 12 0 I m p 6 6 9 Q 11 J W a W O 5 17 B 10 = JA.MES W. v� 1B ® 7 a LASTER LLJW / / , FAMILY TRUST U') , VOL. 10718, / " e B PC. 1424 2 z1 a e OA F S 22 p 2 ` HAROLD V. JOHNSON, III LEGEND P. TR^.CT II oq�RO" PROP. WATERLIP lOL. 17040, PG. 198 90 G ---+-�— PROP. VALVE ' CON IECT TO EXIST. 8" WL ♦ PROP. FIRE DOE. NO.: 555 HYDRANT 5 AT R PROJ. NO.: P264-6DD140056483 PROP. AIR `�— RELEASE VALVE 1 14 pR �30 2 y °- PROPOSED WATER ,3 T �'as. LINES ARE 8" UNLESS I I Kt 8- OTHERWISE INDICATED. O 3 � LU I z I / W > w _ < o J a O / O G / J N 5 Q i 0 6 WATER EXHIBIT 'A' B / PAVING, DRAINAGE, & UTILITY IMPROVEMENT / TO SERVE / I HAYWIRE RANCH, SECTIOr Jones & Boyd, Inc CONNECT TO EXIST. 36" WL 3601 N.E.Loop 820,Suite 102 D.O.E. N o.: 5505 Fort Worth,Texas 76137 WATER PROD. NO.: P264-600140056483 Tel:817-847-8444 Fax:817-847-9974 FEBRUARY 7, 2007 — SHEET SCALE: 1"=200' OP.EGON TRAI pppN��� O e� 1, V! N Z O . 2 IL LU LU LEGEND w w 0 2 I S 4 5 0 7 U) PROP. S.S. LIN G 2 W 2 © --♦-- PROP. S.S. MH N LL I I N 3 IS 14 I 13 12 I It 1° 9 B PROPOSED SANITARY 1p 4 I ( SEWER LINES ARE 8" CL UNLESS OTHERWISE � O s w . 'IT,FIRIJ I I INDICATED. ' T 6 16 15 14 IS 12 11 I° q 6 6 I 7 J?�R\ 17 IB 19 20 21 22 23 24 0.� 4 FRAZE LANE SANITARY SEWER \ EXHIBIT 'Al' 2 1 $ ,° 11 12 13 ie 16 16 PAVING, DRAINAGE, & �m a UTILITY IMPROVEMENTS TO SERVE HAYWIRE RANCH, SECTION Jones & Boyd, Inc. SEE SHEET 9 3601 N.E.Loop 820,Suite 102 Fort Worth,Texas 76137 Tel:817-847-8444 Fax:817-847-9974 FEBRUARY 7, 2007 - SHEET SCALE: 1"=200' 9 I J i G 0 o _ I NEVI m �gSTLE COURT x N � _ c - � o i r m Ld m J w :C u = LEGEND J PLIN L. E w /w U e PROP. S.S. LINI --♦-- PROP. S.S. MH © PROPOSED SANITARY SEWER LINES ARE 8" UNLESS OTHERWISE / INDICATED. H Hq µqr o Rl� a 7 6 ,Qm 2 N 0 O � q c� :s 26 27 r 2a 2930 31 `ram :2 SANITARY SEWER Sp ti FRg2E LgYE y,= EXHIBIT 'Al' 11 .a 19 20 PAVING, DRAINAGE, & 21 UTILITY IMPROVEMENTS 22 TO SERVE 33 s HAYWIRE RANCH, SECTION O 41 � n0 Jones & Boyd, Inc. SEE SHEET 9 3601 N.E.Loop 820,Suite 102 Fort Worth,Texas 76137 Tel:817-847-8444 Fax:817-847-9974 FEBRUARY 7, 2007 — SHEET SCALE: 1"=200' N HAROLD JOHNSON, III -e a TRACT I VOL. 17040, PG. 198 J 12 a I] � t5 t0 w 12 co Lii 6 9 Z tc 11 in G W O 17 9 0 \\ _ JAMES W. 7 LASTER W e ' \ FAMILY TRUST w I V) , 9 6 VOL. 10718, e PG. 1424 t Z t20 5 7 71 4 c 0 f fs I 5 2] \ y i HAROLD V. JOHIJSGrJ, III °qT a 3 iOL. 17040, PG. 198 LEGEND \ _ PROP. S.S. LINE s �� —♦— PROP. S.S. MH t A 1. Qoo PROPOSED SANITARY 7 - SSP SEWER LINES ARE 8" ,J UNLESS OTHERWISE INDICATED. 0 3 W ui ui O < N Ld V) `b 5 PQ O t0 O o r SANITARY SEWER $� 9 EXHIBIT 'Al' 7 � •s 5 / PAVING, DRAINAGE, & Qpdr �i s UTILITY IMPROVEMENTS �d HAYWIRE RANCH, SECTION 6 / Jones & Boyd, Inc. CONNECT TO EXIST. 12" SSWR 3601 N.E.Loop 820,Suite 102 D.O.E. NO.: 5505 Fort Worth,Texas 76137 SEWER PROJ. NO.: P2 74-7001 40056 483 Tel:817-847-8444 Fax:817-847-9974 FEBRUARY 7, 2007 — SHEET Pagel of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/10/2007 - Ord. No. 17646-07-2007 DATE: Tuesday, July 10, 2007 LOG NAME: 60HAYWIRE RANCH REFERENCE NO.: C-22245 SUBJECT: Authorize Execution of a Community Facilities Agreement with WJ Haywire I, L.P., for Construction of Onsite Water and Sewer Services to Serve Haywire Ranch, Phase I and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $292,123.68 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of$260,968.24 and Sewer Capital Projects Fund in the amount of$31,155.44; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $260,968.24 and the Sewer Capital Projects Fund in the amount of$31,155.44, from available funds; and 3. Authorize the City Manager to execute a Community Facilities Agreement with WJ Haywire I, L.P., for the installation of onsite water and sanitary sewer services to serve Haywire Ranch, Phase I, a future single- family home development, located in far west Fort Worth. DISCUSSION: WJ Haywire I, L.P., a Texas limited partnership, the developer of Haywire Ranch, has executed a proposed contract for community facilities to serve a single-family development located in the far west part of Fort Worth, north of White Settlement Boulevard and west of Chapel Creek Boulevard (see attached map). The Utility Agreement with Haywire Ranch, Phase I provides for developer participation in oversizing utilities to not exceed $767,100. This was further broken out into $455,500 in Phase IA and $321,600 in Phase IB. For accounting purposes, the entire $455,500 for Phase IA was included in the offsite improvements covered under a separate Community Facilities Agreement. The total cost for onsite water and sewer improvements for this development is $1,412,804.80. There will be City participation in water pipe (36'716") and sewer pipe (12"/8") oversizing to increase pipe capacity in development and drainage area. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees and material testing fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOTAL WATER $636,571.70 $250,931.00 $887,502.70 SEWER $441,006.28 $29,957.16 $470,963.44 SUBTOTAL $1,077,577.98 $280,888.16 $1,358,466.14 INSPECTION $21,551.57 $5,617.76 $27,169.33 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 07/11/2007 r Page 2 of 2 MATERIAL TESTING $21,551.57 $5,617.76 $27,169.33 TOTAL $1,120,681.12 $292,123.68 $1,412,804.80 This development is located adjacent to COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation 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 Funds. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2 1)PE45 538070 0609020 $260,968.24 P264 472045 6001500541ZZ $260,968.24 1)PE45 538070 0709020 $31,155.44 1&2 P274 472045 7001300541 ZZ $31,155.44 $250,931.00 P264 539140 600150054183 2 $250,931.00 3) P264 539140 600150054183 P274 539140 700130054183 $29•957.16 2 $29,957.16 P274 539140 700130054183 2 5 018.62 P264 531350 600150054185 2 599.14 P274 531350 700130054185 5 P264 531200 600150054184 018.62 P274 531200 700130054184 599.14 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Carrie McBeth (7585) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 07/11/2007