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HomeMy WebLinkAboutContract 33490 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.3m WHEREAS, Wilbow-Skyline Development Corporation, hereinafter called "Developer", desires to make certain improvements to Skyline Ranch (Walnut Creek Sanitary Sewer Interceptor, Phase II and III), 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 Chas Fitzgerald, its duly authorized 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. r\ ,4x, ,1=1 Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase 11 and 111) Revised 3/22/2006 Iof8 05-10-06 A10 :07 IN 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. 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 according to the terms of this agreement (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. Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase 11 and 111) Revised 3/22/2006 2of8 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: Water (A)attached; Sewer (A-1)attached; Paving (B none; Storm Drain (B-1)none; Street Lights and Signs (C)none. 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 $515,804. 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 City Estimated Total Developer Cost Cost Cost Mains within Skyline Ranch, Phase I $ 459,307 $ 56,497 $ 515,804 (Walnut Creek Phase III) Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Sub-Total Water $ 459,307 $ 56,497 $ 515,804 * 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 public open bid and actual quantities installed. Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase II and III) Revised 3/22/2006 3of8 U °? WATER COST SHARE FOR THE CITY (For Skyline Ranch, Phase I (Walnut Creek Phase III) the Developer pays for 12" water pipe, 12" gate valve, and 24" steel casing. The City pays for 24"/12" water pipe, 24"/12" gate valve, and 42"/24" steel casing.) 24'712" water pipe ($65-$28) 401 L.F. x $37 = $ 14,837 24'712" gate valve ($21,000-$1,300) 1 EA. x $19,700 = $ 19,700 42"/24" steel casing ($420-$300) 183 L.F. x $120 = 21,960 $ 56,497 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $2,089,534. 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 Skyline Ranch, Phase I $ 330,414 $ -0- $ 330,414 (Walnut Creek Phase III) 33" Sewer Trunk Main (Walnut Creek Phase II)* $ 255,260 $ 1,096,520 $ 1,351,780 30" Sewer Trunk Main $ 163,430 $ 243,910 $ 407,340 (Walnut Creek Phase III) Easements** $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Sub-Total Sewer 1 $ 749,1041 $ 1,340,430 1 $ 2,089,534 *BBT Crossing Ltd. contributed $150,000 toward the City's portion of the construction cost to the 33" sewer trunk main. BBT Crossing Ltd. will be responsible for the cost and construction of a meter station, and will dedicated the appropriate easements in accordance with the Memorandum of Understanding dated (M&C C- 9 1Y 33dated b **To be dedicated by the developer. {{ Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase II and Ill) Revised 3/22/2006 4 of 8 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 public open bid and actual quantities. SEWER COST SHARE FOR THE CITY (For Walnut Creek Sanitary Sewer Interceptor, Phase II, the Developer pays for 8" sewer pipe. The City pays for 33"/8" sewer pipe. For Walnut Creek Sanitary Sewer Interceptor, Phase III, the Developer pays for 8" sewer pipe and 4' diameter manholes. The City pays for 30"/8" sewer pipe and 6/4' diameter manholes.) Walnut Creek Sanitary Sewer Interceptor, Phase II 33"/8" sewer pipe ($1,351,780-$255,260) 1 LS x $1,096,520 = $1,096,520 Walnut Creek Sanitary Sewer Interceptor, Phase III 30"/8" sewer pipe ($74-$23) 4,610 L.F. x $51 = $ 235,110 6/4' diameter manhole ($2,500-$1,500) 2 EA. x $1,000 = $ 2,000 5'/4' diameter manhole w/ knockout panels ($2,800-$1,700) 6 EA. x $1,100 = $ 6,600 5'/4' vacuum test manhole ($100-$75) 8 EA. x $25 = $ 200 $ 243,910 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 459,307 $ 56,497 $ 515,804 Sub-Total Sewer $ 749,104 , $ 1,340,430 $ 2,089,534 Total Water and Sewer $ 1,208,411 $ 1,396,927 $ 2,605,338 Construction Construction Inspection $ 24,168 $ 27,939 $ 52,107 Grand Total $ 1,232,5f9F$— 1,424,866 $ 2,657,445 Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase 11 and 111) V i U Revised 3/22/2006 5of8 , III. Special Provisions A. Due to the timing of the construction of Walnut Creek Sanitary Sewer Interceptor Phase I and II, which serves Skyline Ranch, Wilbow-Skyline Development Corporation will enter into a private maintenance agreement with the City of Fort Worth for the pumping of the sanitary sewer collection main and transportation to an acceptable dumpsite, which must be approved by the Texas Commission on Environmental Quality(TCEQ). If Phase II of the Walnut Creek Sanitary Sewer Interceptor is not completed and accepted by the City, this pumping permit must be approved by TCEQ before building permits are issued. As part of the TCEQ approved private maintenance agreement, construction and completion of the approach sewer main will not be an additional City requirement for the issuance of building permits and certificates of occupancy (if applicable) or final inspections for the construction of single-family homes within Skyline Ranch, Phase 1. As Building Permits are issued, Wilbow-Skyline Development Corporation shall be committed to the private maintenance and pumping of sewer at station 23+75.15 of the sanitary sewer collection main until the downstream side (Walnut Creek Sanitary Sewer Interceptor Phase II) of the sewer mains are constructed and accepted by the City. B. Partial Payments for City's Share of Costs. On or before the fifth (5th) day of each calendar month during the term hereof, Developer shall submit to the City (i) an Application for Payment (herein so-called) describing the work completed on the Community Facilities through the last day of the previous month, and (ii) invoices relating to such work previously performed and/or materials installed that are the subject of the Application for Payment. No later than the tenth (10) day of the month (the "Review Period") the City shall review and approve the Application for Payment, and the City shall pay the authorized recipient the amount (less any statutory or contractual retainage) requested in the Application for Payment and approved by the City within twenty-five (25) days after the earlier of (1) the expiration of the Review Period or (2) approval or deemed approval of the Application for Payment. If any portion of the Application for Payment is disputed by the City, then the disputing 7�5, COOL ^T Skyline Ranch(Walnut Creek SanitarySewer Interceptor,Phase 11 and III 1 �'D &I Revised 3/22/2006 P ) ��L � �Ul �� deliver to the Developer a written objection notice during the Review Period setting forth such objections in reasonable detail. The undisputed portion of the Application for Payment shall be timely paid to the authorized recipient as provided above. If the City fails to timely and reasonably object to such Application for Payment as provided above, the City shall be deemed to have approved the Application for Payment. If the City timely and reasonably objects to the Application for Payment, Developer shall exercise good faith efforts to cure the objectionable items to the City's reasonable satisfaction, and the process set forth above shall be repeated until the Application for Payment is completely approved and fully paid. After the City has paid the funds requested in an Application for Payment, the Developer will obtain a release and/or waiver of liens, claims, security interests and encumbrances arising out of the work paid for by the City and provide copies thereof to the City with each following Application for Payment. Upon execution hereof, the City and Developer may execute a consent to assignment of payment form so that payments due the Developer may be paid directly to its construction contractor. If Developer assigns its right to payments under this Agreement, Developer will remain responsible for the payment procedures set forth above. C. Wilbow-Skyline Development Corporation agrees to construct the future extension of the Walnut Creek Sanitary Sewer Interceptor to the westernmost edge of its development(to its intersection with FM Highway 2871) as part of and integral with the construction of the corresponding future phase of Skyline Ranch. Wilbow-Skyline Development Corporation shall receive payment for the City's Share of Costs per Section III B above. Should Wilbow-Skyline Development Corporation not require connection to the future extension of the Walnut Creek Sanitary Sewer Interceptor, Wilbow-Skyline Development Corporation shall have no Share of Cost for its future extension. Wilbow-Skyline Development Corporation agrees to grant the necessary easements to the City for the construction of the future Walnut Creek Sanitary Sewer Interceptor extension across the future phase of Skyline Ranch. Skyline Ranch(Walnut Creek Sanitary Sewer Interceptor,Phase II and III) Revised 3/22/2006 7of8 f " 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 ' • - executed this instrument in quadruplicate, at Fort Worth, Texas this the;LPay of 2006. Approval Recommended: Water Department C_ . Frank Crumb contract Asthorizatiox Director L.a-LL _ Date ATTEST: City O rt Worth City Secretary _ Assistant City Manager Marty Hendrix Marc A. 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DISCUSSION: Wilbow-Skyline Development Corporation, the developer of Skyline Ranch (Walnut Creek Sanitary Sewer Interceptor, Phase II and III), has executed a proposed contract for community facilities to serve a single- family development located in the far southwest part of Fort Worth, south of Aledo and east of Concho Valley Trail (see attached map). The total cost for water and sewer improvements for this development is $2,657,445. There will be City participation in water pipe (24"/12") oversizing to increase pipe capacity in the development area of Skyline Ranch, Phase I (Walnut Creek Phase III). The City will participate in sewer pipe (33"/8") and (30"/8") oversizing to increase pipe capacity in the drainage area of Walnut Creek Phase II and III. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COSTS: DEVELOPER CITY TOTAL WATER WITHIN SKYLINE RANCH (WALNUT CREEK, PHASE III) $459,307.00 $56,497.00 $515,804.00 SEWER WITHIN SKYLINE RANCH (WALNUT CREEK, PHASE III) $330,414.00 $0.00 $330,414.00 33 $255,260.00 $1,096,520.00 $1,351,780.00 30 $163,430.00 $243,910.00 $407,340.00 INSPECTION $24,168.00 $27,939.00 $52,107.00 TOTAL $1,232,579.00 $1,424,866.00 $2,657,445.00 * BBT Crossing Ltd., a Benbrook developer, will contribute $150,000 toward the City's portion of the construction cost to the 33" sewer trunk main (Walnut Creek, Phase II) before construction begins. BBT Crossing Ltd. will be responsible for the cost and construction of a meter station and will dedicate the appropriate easements. This development is zoned A-5 and located in COUNCIL DISTRICT 3. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/15/2006 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water and Sewer Capital Projects Funds. TO Fund/Account/Centers FROM Fund/Account/Centers P264 539140 603140034388 $56,497.00 P274 539140 703140034388 $243,910.00 P274 539140 703140034387 $1,096,520.00 Submitted for City Manager's Office b Marc Ott (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Carrie McBeth (7585) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/15/2006