HomeMy WebLinkAboutContract 29380 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary nn
COUNTY OF TARRANT § Contract No.. `'1 )
WHEREAS, Hillwood Alliance Services L.P. by Hillwood Development Co.
L.L.C., a Texas Limited Liability Company, Its General Partner, hereinafter called
"Developer", desires to make certain improvements to WESTPORT PARKWAY STA
91+75.00 TO STA 97+42.60: 30" WATER LINE FROM 900' EAST OF
INTERMODAL PKWY TO 500' WEST OF HERITAGE PKWY, , in the Alliance
area of the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant 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 L. Russell Laughlin, 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, 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 paragre pit
6, Section II, of the Policy.
D. The Developer shall award all contracts for the construction of commun ity 2
facilities in accordance with Section II, paragraph 7 of the Policy. _.
Westport Parkway 30"Water
Revised Form per Legal 2/21/03
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. 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).
I. 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.
J. 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.
K. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
Water (A) X ; Sewer (A-1) ; Paving (B) Storm Drain (B-1) ;
Street Lights and Signs (C).
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Westport Parkway 30"Water �ECC Pi R: Y
Revised Form per Legal 2/21/03 r
II. Water 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 $606,820.
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
Developer Estimated Total
Cost City Cost Cost
Mains within $ 216,720 $ 325,080 $ 541,800
-Development
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Service/Fire Line $ -0- $ -0- $ -0-
Engineering $ 26,008 $ 39,012 $ 65,020
Sub-Totals, Water $ 242,728 $ 364,092 $ 606,820
CONSTRUCTION $ 4,855 $ 7,282 $ 12,137
INSPECTION FEE:
*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:
Developer portion: 40%
City portion: 60%
The cost share ratio of the 30" water main along Westport Pkwy. was
agreed in the CFA service plan for the Alliance Airport Area (M&C C-
16994) dated 9/15/1998.
Westport Parkway 30"Water v� "� ik
Revised Form per Legal 2/21/03 R
N 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 triplicate, at Fort Worth, Texas this the day of
52003.
Approval Recommended:
Water Department Transportation and Public Works
Department
llvd" 4
IV
ale A. Fissel r, P. E. Robert Goode, P. E.
Director Director
ATTEST: Cit Fort Worth
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B :
*Pearson Marc Ott
City Secretary Assistant City Manager
Approved as to Form: C�- !
Contract Auithori(zation
Assist
an City Attorney Date
ATTEST: DEVELOPER:
Hillwood Alliance Services L.P.
By: Hillwood Development Co. LLC
A Texas limited liability company,
Its general partner
Y
By:
ARus 11 Laughlin,
Sr. Vice President, Properties Div.
Westport Parkway 30"Water
Revised Form per Legal 2/21/03
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PROP BLOWOFF PROPOSED 30" EXIST 30"
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CITY OF HASLET VALVE WITH VAULT CONNECT PROP 30"WATER LINE
PROP BLOWOFF cp 1 TO EXIST 30"WATER LINE
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CITY OF HASLET
LEGEND
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PROP. BUTTERFLY VALVE
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PROP. FIRE HYDRANT WATER
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PROP, 13LOWOFF VALVE r EXHIBIT 'A'
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LEGEND
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PROP. BLOWOFF VALVE - _ `./ TER
& MANHOLE {} �p
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PROP. AIR RELEASE t EXHIBIT '
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EXIST. WATER LINE
EXIST. GATE VALVE 04 WEiTPOR.T PARKWAY
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III I \ \ PROP AIR RELEASE
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—7 PRdPOSED\48" PROPOSED 30" ♦ s\k o
WATM L I MATER LINE
PROP dq"PLOR PROPOSED BLOWOFF ty
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LEGEND
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PROP. BUTTERFLY VALVE
WITH VAULT
PROP. FIRE HYDRANT WATER
ti PROP. BLOWOFF VALVE
& MANHOLE
PROP. AIR RELEASE EXHIBIT 'A'
VALVE WITH VAULT (SHEET 3 OF 3)
EXIST. WATER LINE WESTPORT PARKWAY
EXIST. GATE VALVE -►+
EXIST. FIRE HYDRANT
EX I ST. GATE VALVE �_ Carter it Burgess
WITH VAULT
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City of Fort Worth, Texas
411cloor And Council col"Munication
DATE REFERENCE NUMBER LOG NAME PAGE
5/13/03 C-19590 60WESTPORT 1 o'12
SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH HILLWOOD ALLIANCE
SERVICES, L.P. FOR CONSTRUCTION OF A 30-INCH WATER MAIN TO SERVE
WESTPORT PARKWAY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement (CFA) with Hillwood Alliance Services L.P. by Hillwood Development Company, LLC, a
Texas Limited Liability Company, its general partner, for the construction of a 30-inch water main to
serve Westport Parkway.
DISCUSSION:
Hillwood Alliance Services L.P., the developer of Light of the World Lutheran Church, has executed a
proposed contract for community facilities to construct a 30-inch water main to serve Westport
Parkway, west of Alliance Airport in far north Fort Worth (see attached map).
Total cost for water improvements for this 30-inch line is $606,820. There will be City participation in
water pipe oversizing to increase pipe capacity in development west of Alliance Airport. The
developer's portion of costs will be 40% and the City's portion will be 60%. The cost share ratio of the
30-inch water main along Westport Parkway was accepted in the CFA service plan for the Alliance
Airport area on September 15, 1998 (M&C C-16994). The developer and City estimated costs for water
improvements are subject to construction inspection fees.
PROJECT COST DEVELOPER CITY TOTAL
Water $216,720 $325,080 $541,800
Engineering $ 26,008 $ 39,012 $ 65,020
Easements $ 0 $ 0 $ 0
Inspection $ 4,855 - 7 282 12,137
TOTAL $247,583 $371,374 $618,957
This development is located in COUNCIL DISTRICT 2.
City of Fort Worth, Texas
"avor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/13/03 C-19590 1 60WESTPORT 2 of 2
SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH HILLWOOD ALLIANCE
SERVICES, L.P. FOR CONSTRUCTION OF A 30-INCH WATER MAIN TO SERVE
WESTPORT PARKWAY
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Water Capital Projects Fund.
MO:k
Submitted for City Manager's FUND ACC5UNT1 CENTER I AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Maebell Brown(Acting) 8207 (from) APPROVED 05/13/03
P162 539140 060162141090 $364,092.00
Additional Information Contact:
Maebell Brown(Acting) 8207