HomeMy WebLinkAboutContract 33066 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract N .
WHEREAS, NTX Land Development, L.P., by TF Management Co., L.L.C., its
general partner, hereinafter called "Developer", desires to make certain improvements to
South Fork Addition, Phase I, 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 George E. Fowler III, its duly
authorized member, 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_ _TI, of the Policy.
South Fork Addition,Phase I
Revised Form per Legal December 2004 j
1 :a
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 nezlikence 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.
o J, ,p
South Fork Addition,Phase I
Revised Form per Legal December 2004
J
Water (A)attached; Sewer (A-1) ; 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 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 $275,488.
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 Development $ 228,503 $ 46,985 $ 275,488
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Water $ 228,5031 $ 46,985 $ 275,488
* 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;
South Fork Addition,Phase 1
Revised Form per Legal December 2004
WATER COST SHARE (Developer pays for 8" water pipe, gate valves, and
fittings. The City pays for 12"/8" water pipe, gate valves, and fittings.)
12"/8" water pipe ($26-$17)
4,526 L.F. x $9 = $ 40,734
12"/8" gate valve ($1,223-$676)
6 EA x $547 = $ 3,282
Cast Iron Fittings ($2,969/ton)
1 Ton x $2,969 = 2,969
$ 46,985
WATER
Unit Price from
Pay Item Unit Description Developer's
Projects
1 LF 6"Water Pie $ 15.00
2 LF 8"Water Pie $ 17.00
3 LF 10"Water Pie $ 24.00
4 LF 12"Water Pie $ 26.00
5 LF 16"Water Pie $ 40.00
6 EA 8"Gate Valve w/Cast Iron box& Lid $ 676.00
7 EA 10" Gate Valve w/Cast Iron box& Lid $ 1,182.00
8 EA 12" Gate Valve w/Cast Iron box& Lid $ 1,223.00
9 EA 16"Gate Valve w/Cast Iron box& Lid $ 6,587.00
10 TN Cast Iron/Ductile Iron Fittings $ 2,969.00
11 EA Install 1"Air&Vacuum Release Valve $ 3,534.00
w/Vault
12 EA Install 4"blow-Off w/4"Gate Valve& $ 3,624.00
Sump Manhole
TOTAL WATER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 228,503 $ 46,985 $ 275,488
Total Water Construction $ 228,503 $ 46,985 $ 275,488
Construction Inspection $ 4,570 $ 940 $ 5,510
Grand Total $ 233,0731 $ 47,9251 $ 280,998
South Fork Addition,Phase I
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 affixedZ
d d Developer
ha- executed this instrument in quadruplicate, at Fort Worth,Texas this jay of
'200J
Approval Recommended:
Water Department
ZiA—
S. Frank Crumb contract Authorization
Director
Date
ATTEST:
City Of Fort Worth
Eity Secrjary' Assi t Cityanager
Marty-I endrix Marc A. Ott
Approved as to Form:
i
e/
Assistant ' y A'fiomey
DEVELOPER
ATTEST: NTX Land Development,
L.P., by TF Management Co.,
L.L.C.
d
Corporate Secretary By:
Sign, print name and title
South Fork Addition,Phase I
Revised Form per Legal December 2004 o �• �'=1•
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/20/2005
DATE: Tuesday, December 20, 2005
LOG NAME: 60SOUTH FORK REFERENCE NO.: C-21226
SUBJECT:
Approval of Community Facilities Agreement with NTX Land Development, L.P., by TF Management
Co., L.L.C., its General Partner, for Construction of Water Services to Serve South Fork Addition,
Phase I
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with NTX Land Development, L.P., by TF Management Co., L.L.C., its general partner, for the
installation of water services to serve South Fork Addition, Phase I, a future single-family home
development, located in far south Fort Worth.
DISCUSSION:
NTX Land Development, L.P., by TF Management Co., L.L.C., its general partner, the developer of South
Fork Addition, Phase I, has executed a proposed contract for community facilities to serve a single-family
development located in the far south part of Fort Worth, west of Crowley Road and south of Cunningham
Road (see attached map).
The total cost for water improvements for this development is $280,998. There will be City participation in
water pipe (12°/8°) oversizing to increase pipe capacity in development. The Developer and City estimated
costs for water improvements are subject to construction inspection fees.
ESTIMATED COST:
PROJECT COST DEVELOPER CITY TOTAL
WATER $228,503.00 $46,985.00 $275,488.00
EASEMENTS $0.00 $0.00 $0.00
INSPECTION $4,570.00 $940.00 $5,510.00
TOTAL $233,073.00 $47,925.00 $280,998.00
This development is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water Capital Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/12/2006
Page 2 of 2
P161 539140 060161151620 $46,985.00
Submitted for City Manager's Office b 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 1/12/2006