HomeMy WebLinkAboutContract 35657 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
= L ) I
WHEREAS, FW Vista West 1I, L.P., hereinafter called "Developer", desires to
make certain improvements to Vista West II, 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 Mr. Lee Nicol, 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:
1. 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 11, 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 11, of the Policy.
Vista West 11
Page 1 of 5 G
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
(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:
Vista West 11
Page 2 of 5
Water (A) ; Sewer (A-I)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.
II. Sewer Facilities
A. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $732,882. The City agrees to record the
location of each said service line in respect to the comer 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:
SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 695,205 $ 37,677 $ 732,882
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Sewer $ 695,205 $ 37,677 $ 732,882
*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
18"/12" and 15"/12" sewer pipe.)
18"/12" sewer pipe ($38-$27)
3,056 L.F. x $11 = $ 33,616
15"/12" sewer pipe ($28-$27)
4,061 L.F. x $1 = $ 4,061
$ 37,677
Vista West[l
Page 3 of 5
SEWER
Unit Price from
Pay Item Unit Description Developer's
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 SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Sewer $ 695,205 $ 37,677 $ 732,882
Total Sewer Construction $ 695,205 $ 37,677 $ 732,882
Construction Inspection $ 13,904 $ 754 $ 14,658
Grand Total 1 $ 709,1091 $ 38,431 $ 74-7,540
Vista West II
Page 4 of 5
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, anVlay
said Developer
h execut d this instrument in quadruplicate, at Fort Worth,Texas this the of
Ilk 2007.
Approval Recommended:
Water Department
S. Frank Crumb
Director Ccmtrac Au horization
----I - 1 0
Date
ATTEST:
City Of Fo Worth
City Secretary Assistant City Manager
Marty Hendrix Marc A. Ott
4Assistant
o Form: ��
y orn ,
DEVELOPER
FW Vista West II, L.P.
ATTEST:
CoI. ate Secretary By: �� , pcmv--C.
Sign,print name and title
Vista West II \z"]Al 0����UD
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2007 - Ord. No. 17697-08-2007
DATE: Thursday, August 09, 2007
LOG NAME: 60VISTA WEST REFERENCE NO.: C-22305
SUBJECT:
Authorize Execution of a Community Facilities Agreement with FW Vista West II, L.P., for
Construction of Sanitary Sewer Services to Serve Vista West II and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $38,431 from the Water and Sewer Operating Fund to the Sewer Capital
Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund in the amount of$38,431 from available funds; and
3. Authorize the City Manager to execute a Community Facilities Agreement with FW Vista West II, L.P., for
the installation of sanitary sewer services to serve Vista West II, a future single-family home development,
located in far west Fort Worth.
DISCUSSION:
FW Vista West II, L.P., the developer of Vista West 11, has executed a proposed contract for community
facilities to serve a single-family development located in the far west part of Fort Worth, north of Interstate
Highway 30 (see attached map).
The total cost for sewer improvements for this development is $747,540. There will be City participation in
sewer pipe (18"/12" and 15"/12") oversizing to increase pipe capacity in drainage area. The Developer and
City estimated costs for sewer improvements are subject to construction inspection fees.
ESTIMATED PROJECT COST DEVELOPER CITY TOTAL
SEWER $695,205.00 $37,677.00 $732,882.00
INSPECTION $13,904.00 $754.00 $14,658.00
TOTAL $709,109.00 $38,431.00 $747,540.00
This development is zoned A-5 and located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendation and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 08/10/2007
Page 2 of 2
the Sewer Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
182) 1)PE45 538070 0709020 $38,431.00
P274 472045 7071300773ZZ $38,431.00
3 $37,677.00
R) $37,677.00 P274 539140 707130077383
P274 539140 707130077383
P274 531350 707130077385
754.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: S. Frank Crumb (8207)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 08/10/2007