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HomeMy WebLinkAboutContract 39108 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 9 �b WHEREAS, Margaux Westover Partners, LTD, a Texas limited liability company, its general partner, hereinafter called "Developer", desires to make certain improvements to WESTOVER VILLAGE ADDITION, LOT 1, BLOCK 1, 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 Donald Silverman, its duly authorized Managing Partner and the City, acting herein by and through Fernando Costa, 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 oEPoficy. RECORD RETARY Westover Village,Lot 1,Block 1,Target — i — TH,TX Pagel of 6 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 neglikence of the CUP 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). 1. 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. Westover Village,Lot 1,Block 1,Target 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 $132,121.50. 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 $ 128,383.50 $ 3,738.00 $ 132,121.50 Approach $ - $ - $ - Easements* $ - $ - is - Sub-Total Water $ 128,383.501 $ 3,738.00 $ 132,121.50 *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; Westover Village,Lot 1,Block 1,Target Page 3 of 6 WATER COST SHARE (The City pays for 12"/10" water pipe.) 12'710" water pipe ($45-$42) 920 L.F. x $3 = $ 2,760.00 Fittings ($3000 /6) 1.05 TN x $500.00 = $ 525.00 12"/10" Gate valve ($1,500 - $1,400) 3 EA x $100 = $ 300.00 Trench Safety ($1 / 6) 920 L.F. x $0.166667 = $ 153.00 $ 3,738.00 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $31,749.50. 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 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 31,749.50 - 31,749.50 Approach - -Easements* - - - Sub-Total Sewer 1 31,749.501 31,749.50 *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; Westover Village,Lot 1,Block 1,Target Page 4 of 6 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 128,383.50 $ 3,738.00 $ 132,121.50 Sub-Total Sewer $ 31,749.50 $ - $ 31,749.50 Contingency $ - $ - $ - Total Water and Sewer $ 160,133.00 $ 3,738.00 $ 163,871.00 Construction Construction Materials Testing $ 3,202.66 $ 74.76 $ 3,277.42 Construction Inspection $ 3 202.66 74.76 $ 3,277.42 Grand Total $ 166,538.32 1 $ 3,887.52 $ 170,425.84 Westover Village,Lot 1,Block 1,Target 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�hday of 2009. Approval Recommended: Water Department City Of Fort Worth S. Frank Crumb Director ATTEST: Assistant City Manager Fernando Costa r \\\ DEVELOPER: City Secretary Marty Hendrix Margaux Westover Partners, LTD, Texas Limited Liability Company Approved as to Form: Assistant C4 Attorney By: ATTEST: Sign,print name and title Corporate Secretary C-a 3-7 L4 Contract Authorixatioa 91 a5 Ing Datwp- OFFICIAL RECORD CITY SECRETARY FT WORTH,TX Westover Village,Lot 1,Block 1,Target Page 6 of 6 i'N rgtt I_ SHERRY LANE Egg! LIN$ ACt I_112-CA TIISI.LL I ,12- eTE Vt INSTALL 1I_8,CA RUC lr �`"-•--- - ------ /,/ fHpTACC I,b PCUC VAt6'ER / I INS TACT I� ^ WA�R PL(jIMPROVE � ( BY SEPAR INCONTRAC7 12" WATER 2 rRR M NT INSTAL SfRyCE INST C 72^ IN ALL I_ P� WATfR ovE INSTTq�11-1.�q f LOT RETAIL LATE VVAL1F '/BLOCK DNS AAtt 2 po CC 2`IRRM.SSRIRiI ECE - '++r:� l l IN (FOR URRE 0 ) INSrALL 2`0 Fd f USf) INST It 2`IROM SER�y ACl I`Fh ASSEMBt y \; _ R. SERtj f FOR ur Rf Off) ONNECT TO EXIST. 12" WL EGIN WATER IMPROVEMENTS C9� /I Il INS7' NSTAL 1-12'x8" TS&V OTARGET INSTAQ II F 'CAS VA AS EMBLY Vf Sr9 j RETAIL // // / E- ~,', '•�, l l INST INSTAL `_ l / (N$7Att 1`p \ \ INSTALi II 8 N ASS fM / INSTqu 8' 'R f I� VICE (F CA BLY NST 4 -- 1 _ / i TE (FOR OR FU VALVE NSTgIt 2^DOM. Vqt� FUTURE SSE US" i I ER METE h-r h C J rNS ACCSZAtt 18 BFIRE UNf N R CATf VAC VE ' A IN TACO F.I-.i ly r-F"As$EMet r EXHIBIT "A' FLEGEND WATER PLAN r-- '1 RIDGMAR BOULEVARD _ \ LOT 1 BLOCK 1 OF XI,- F H 7 �� WESTOVER VILLAGE t— PROP VALVE - f a S K 2 1 .R E'ST Ai� 2 PROP. F.H ASSEMBLY T a`� E Y it S t' A 4 ' AUGUST 16, 2007 e PREPARED BY: PREPARED FOR PROP WA'ER LINE BY OTHERS ` 1 TCB MARGAUX DEVELOPMENT COMP,-NY PROP. WATER LINE / 17300 DALLAS PARKWAY, SUITE 1010 14900 LANDMARK BOULEVARD. SL r EXIST. WATER LINE DALLAS, TEXAS 76051 DALLAS, TEXAS 75254 (972)735-3000 SHERRY LANE ! / 'AN TA.RT yF.✓rF4 I r Y 54:FahA'F i;;. . / LOT 2 ,..h,.�..si.,.. BLOCK 1 icoNs ��c:l 4• SANITARY MH' / ! RETAIL A CONSTRUCT 4' SANITARY MH E, D PUBLIC IMPROVEMENTS EGIN PRIVATE IMPROVEMENTS CT (j)TARGET / RETAIL • � J CONSTRUCGT 4'p✓ANITARY MH INSTAL{!6' S NER (FOR FUTURE USE) \ ` A.NER IMPh:�JtMt Nij r" �Y—,ypR�` ,{ -' -Yv^v YVWY`•-YlWYYVYv i �� �\. / � / 24" SS J / / h C CONNECT TO EXIST. MH � 4 \ CONSTRUCT 4' SANITARY MH / / - s EGIN PUBLIC IMPROVEM NTS \s�, EXHIBIT "A-1 " C H \ SSA SANITARY SEWER PLAN BOULEVARD_ LOT 1 BLOCK 1 OF LEGEND RIDG1�1?f?---- -- j "� WESTOVER VILLAGE -..._—..._ K 2 B�0 C PROP SANITARY MH -��%- E 5 T A T IE 5 � 2 R� 6 M R s 4 3 AUGUST 16, 2007 FRCP SANITARY WE \� 7 8 I I - PREPARED BY: PREPARED FOR 8 EXIST SAN'ARY LINE \ �l -.-J— TCB MARGAUX DEVELOPMENT COMPANY ---- / 17300 DALLAS PARKWAY, SUITE 1010 14900 LANDMARK BOULEVARD, SU'iE 61'' DALLAS, TEXAS 76051 DALLAS, TEXAS 75254 (972)735-3000 EXHIBIT"A" CFA BID SCHEDULE MARGAUX DEVELOPMENT COMPANY LOT 1 BLOCK 1 OF WESTOVER VILLAGE 811612007 UNIT I:WATER Item Approximate Total No. Quantity Unit Description of Item Unit Price' Amount Bid WATERLINE ITEMS 1 920 LF Furnish&Install 12-inch DR-14 Water Main,including trenching, embedment,backfill,testing and sterilization,complete in place, $ 30,00 $ 27,600.00 2. 1,150 LF Furnish&Install 8-inch DR-14 Water Main,including trenching, embedment,backfill,testing and sterilization,complete in place, $ 2300 $ 26,450 00 3. 15 LF Furnish&Install 6-inch DR-14 Water Main,including trenching, embedment,backfill,testing and sterilization,complete in place, $ 20.00 $ 300.00 4 . 70 LF Connect 12"Waterline to Existing 12"Waterline by Boring,including Steel Encasement Pipe and materials,complete in place, $ 250.00 $ 17,500.00 5. 70 LF Conned 8"Waterline to Existing 12"Waterline by Boring,including Steel Encasement Pipe and materials,complete in place, $ 125.00 $ 8,750.00 6. 1 EA Furnish&Instal 12"x12"Tapping Sleeve and Valve,including polywrap, complete in place, $ 4,000,00 $ 4,000.00 7. 1 EA Furnish&Install 8"x12"Tapping Sleeve and Valve,including polywrap, complete in place, $ 3,000,00 $ 3,000.00 8 3 EA Furnish&Install 12-inch Gate Valve,including valve box and blocking,complete in place, $ 1,500.00 $ 4,500.00 9. 3 EA Furnish&Instal 8-inch Gate Valve,Including valve box and blocking,complete in place, $ 850.00 $ 2,550.00 10. 1 EA Furnish&Install 6-inch Gate Valve,including valve box and blocking,complete in place, $ 600,00 $ 600.00 11 4 EA Furnish&Install Fire Hydrant Assembly including hydrant,tap, 6-inch lead,line valve and box,fittings,and concrete blocking, complete in place, $ 1,800.00 $ 7,200.00 12. 2 EA Furnish&Install 2-inch Water Service,including tap,service line, stops,and meter box,complete in place, $ 800.00 $ 1,600.00 13 5 EA Furnish&Install 2-inch Water Service,including tap,service line, and stops,complete in place, $ 400.00 $ 2,000.00 14 5,000 LB Furnish&Install Cast Iron Water Main Fittings,including pollwrap, complete in place, $ 2.00 $ 10,000 00 15 2200 LF Design and Implementation of Trench.Safety system including sheeting,shoring,and bra,-ing,complete in place, $_ 1 00 __ $—2_200 90__ SUBTOTAL WATERLINE ITEMS $ 118,250 00 EXHIBIT"A" CFA BID SCHEDULE MARGAUX DEVELOPMENT COMPANY LOT 1 BLOCK 1 OF WESTOVER VILLAGE 8/162007 UNIT If:SEWER Item Approximate Total No Quantity Unit Description of Item Unit Price' Amount Bid SANITARY SEWER ITEMS 16 400 LF Furnish and Install 8-inch Diameter SDR-35 PVC Sanitary Sewer, including trenching embedment,backfill and testing, complete in place, $ 3200 $ 12,800 00 17 35 LF Furnish and Install 6-inch Diameter SDR-35 PVC Sanitary Sewer, including trenching embedment,backfill and testing, complete in place, $ 2800 $ 980.00 18 55 LF Furnish and Install 8-inch Diameter SDR-26 PVC Sanitary Sewer, with Cement Stabilized Backfill,Encased in 2 27 cement treated sand, including trenching embedment,backfilt and testing, complete in place, $ 50.00 $ 2,750.00 19 1 EA Furnish&Install Standard 4-Foot Diameter Sanitary Sewer Manhole, with water tight insert,including excavation,backfill and castings, complete in place, $ 2,40000 $ 2,400.00 20 2 EA Fumish&Install Drop 4-Foot Diameter Sanitary Sewer Manhole, with water tight insert,including excavation,backfill and castings, complete in place, $ 3,500,00 $ 7,000.00 21 1 EA Remove and Reconstruct Rim of Existing Sanitary Sewer Manhole, including excavation,backfill and castings, complete in place, $ 1,500.00 $ 1,500.00 22. 1 EA Furnish&Install 6-inch Sanitary Sewer Plug,complete in place, $ 500.00 $ 500.00 23 2 EA Furnish&Install Clay Dam,complete in place, $ 500.00 $ 1,000.00 24 . 490 LF Perform Post T.V Sanitary Sewer Inspection trenching,embedment,backfill,fittings,and marker, complete in place, $ 200 $ 980.00 25 490 LF Design and Implementation of Trench Safety system including sheeting,shoring,and bracing,complete in place, $ 1.00 $ 490.00 SUBTOTAL SANITARY SEWER ITEMS $ 30,400.00 SUMMARY SUBTOTAL WATERLINE ITEMS $ 118,250 00 SUBTOTAL SANITARY SEWER ITEMS $_ 30,400 00 TOTAL BID AMOUNT $ 146,650 00 In the event of a discrepancy.$gores in!his column govern. 8r eview Page 1 of Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Foa�111 COUNCIL ACTION: Approved on 8/25/2009 DATE: 8/25/2009 REFERENCE NO.:**C-23743 LOG NAME: 60WESTOVER VILLAGE TARGET CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize a Community Facilities Agreement with City Participation in the Amount of $3,738.00 with Margaux Westover Partners, LTD, for the Construction of Water Services to Serve Westover Village, Lot 1, Block 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with City participation in the amount of$3,738.00 with Margaux Westover Partners, LTD, for the installation of water services to serve Westover Village, Lot 1, Block 1. DISCUSSION: Margaux Westover Partners, LTD, the developer (Developer) of Westover Village, Lot 1, Block 1, has executed a proposed contract for community facilities to serve a development located in west Fort Worth (see attached map). The total cost for water and sewer improvements for this development is $170,425.84. There will be City participation in water pipe (12 inch/10 inch) over sizing to increase pipe capacity in 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 $128,383.50 $3,738.00 $132,121.50 Sewer $31,749.50 $0.00 $31,749.50 Contingency 0.00 $0.00 $0.00 Subtotal $160,133.00 $3,738.00 $163,871.00 Inspection $3,202.66 $74.76 $3,277.42 Materials Testing $3,202.66 $74.76 $3,277.42 Total $166,538.32 $3,887.52 $170,425.84 This development is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P264 531350 607150087085 $74.76 P264 539140 607150087083 $3,738.00 P264 531200 607150087084 $74.76 http://apps.cfwnet.org/council_packet/mc review.asp?ID=12008&councildate=8/25/2009 M&" Review Page 2 of 2 Submitted for City Manager's Office by. Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Viesha Kaminska (8428) ATTACHMENTS Westover Village Target map.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12008&councildate=8/25/2009 08/25/2009