HomeMy WebLinkAboutContract 31604 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. r _
WHEREAS, D.R. Horton— Texas, L.T.D., hereinafter called "Developer", desires
to make certain improvements to Emerald Park, Offsite Sanitary Sewer Line, an
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 Don Allen, its duly authorized
Assistant Secretary, 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. 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.
Emerald Park,Offsite Sanitary Sewer
Revised Form per Legal December 2004 C 7
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 iniuries, death or damages are caused,
in whole or in part, by the alle,-ed nefflizence 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.
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof.
Emerald Park,Offsite Sanitary Sewer
Revised Form per Legal December 2004
Water (A) ; Sewer (A-1)attached; Paving (B) Storm Drain (B-
1) ; Street Lights and Signs (C).
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.
H. 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 $0. 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 City Estimated Total
Developer Cost Cost Cost
Mains within Development $ -0- $ -0- $ -0-
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Water $ -0- $ -0- $ -0-
To be dedicated by the developer
The costs stated herein may be based upon construction estimates rather
than actual cost.
Emerald Park,Offsite Sanitary Sewer
Revised Form per Legal December 2004
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $659,984. 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 $ -0- $ -0- $ -0-
Approach $ 542,577 $ 117,407 $ 659,984
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Sewer $ 542,577 $ 117,4071 $ 659,984
*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;
SEWER COST SHARE (Developer pays for 12" sewer pipe. The City pays for
21'712" and 15'712" sewer pipe.)
15'712" sewer pipe ($28-$27)
515 L.F. x $1 = $ 515
21"/12" sewer pipe ($45-$27)
6,494 L.F. x $18 = X116,892
$ 117,407
Emerald Park,Offsite Sanitary Sewer
Revised Form per Legal December 2004
SEWER
Unit Price from Developer's
Pay Item Unit Description Projects
1 LF 6" Sanitary Sewer Pie $ 24.00
2 LF 8" Sanitary Sewer Pie $ 25.00
3 LF 10"Sanitary Sewer Pie $ 26.00
4 LF 12" Sanitary Sewer Pie $ 27.00
5 LF 15" Sanitary Sewer Pie $ 28.00
6 LF 18" Sanitary Sewer Pie $ 38.00
7 LF 21" Sanitary Sewer Pie $ 45.00
8 LF 24" Sanitary Sewer Pie $ 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 $ -0- $ -0- $ -0-
Sub-Total Sewer $ 542,577 $ 117,407 $ 659,984
Total Water and Sewer $ 542,577 $ 117,407 $ 659,984
Construction
Construction Inspection $ 10,852 $ 2,348 $ 13,200
Grand Total 1 $ 553,4291 $ 119,7551 $ 673,184
Emerald Park,Offsite Sanitary Sewer
Revised Form per Legal December 2004
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 May of
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Approval Recommended:
Water Department
o
ritract huthorizatiox
S. Frank Crumb 3 I � i a
Acting Director --
Date
ATTEST:
City Of Fort W
City Secretary Assistant City Manager
Marty Hendrix Marc A. Ott
Approved as to Form:
Assistant City Attorney
DEVELOPER
D.R. Horton—Texas, L.T.D.
ATTEST:
Corporate Secretary By:
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Dont 6 ft4h K,tet.SEc"-T ftIj?y
Sign, print name and title
Emerald Park,Offsite Sanitary Sewer
Revised Form per Legal December 2004
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EMERALD PARK OFF-SITE D.R.T.C.T.
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M&C Request Review ,
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COUNCIL ACTION: Approved on 3/24/2005
DATE: 3/24/2005 REFERENCE NO.: C-20615 LOG NAME: 60OFFSITEEMER/
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Community Facilities Agreement with D.R. Horton —Texas, LTD, fc
Construction of an Offsite Sewer Line to Serve Emerald Park
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with D.R. Horton —Texas, LTD, for the installation of an offsite sewer line to serve Emerald
DISCUSSION:
D.R. Horton —Texas, LTD, has executed a proposed contract for community facilities to serve a single
family development located in the far northwest portion of Fort Worth, north of Bonds Ranch Road and
of US Highway 287 (see attached map). This development will be subject to per acre charges for seg
main M-740`.
The total cost for sewer improvements for this development is $673,184. There will be City participatic
sewer pipe oversizing to increase pipe capacity in the drainage area. The developer and City estimate
costs for sewer improvements are subject to construction inspection fees.
ESTIMATED COST:
PROJECT COST DEVELOPER CITY TOT
Water $0.00 $0.00 $0
Sewer $542,577.00 $117,407.00 $659,984
Easements $0.00 $0.00 $0
Inspection $10,852.00 $2,348.00 $13,200
TOTAL $553,429.00 $119,755.00 $673,184
This development is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
Sewer Capital Projects Fund.
http://www.cfwnet.org/council_packet/mc review.asp?refnum--C-20615 3/25/2005
M&C Request Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
P173 539140 070173013240 $117,407.01
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: S. Frank Crumb (Acting) (8207)
Additional Information Contact: S. Frank Crumb (Acting) (8207)
ATTACHMENTS
Emerald off site map.doc
http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20615 3/25/2005