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HomeMy WebLinkAboutContract 37532COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.,31�A WHEREAS, Campus Village Centre, L.P. By Campus Village Centre I LLC., hereinafter called "Developer", desires to make certain improvements to SOUTH UNIVERSITY CENTRE, 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 Thomas M. Jones, its duly authorizeA Manager and the City, acting herein by and through Fernando Costa, 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. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. F�FFIDIAL RECORD south University centre PITY SECRETARY Page 1 of 6 FT. (NORTH, TX 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 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. 1 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. South University Centre Page 2 of 6 II Water (A)attached; Sewer (A-I)attached; Paving (B)N/A; Storm Drain (B- 1)N/A; Street Lights and Signs (C)N/A. 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. Water and Sewer Facilities A. Developer shall install the proposed water line(s), fire lines) and/or meters as shown on Exhibit A, the estimated cost of which is $112,182. 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: ATER FACILITIES: To Estimated Developer Cost Estimated City Cost Estimated Total Cost Mains within Development $ 15,767 $ 96,415 $ 1125182 Approach $ - $ - $ - Easements* $ - $ - $ - Services $ - $ - $ Engineering $ - $ - $ - Sub -Total Water $ 15,767 1 $ 96,415 1 $ 112,182 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; WATER COST SHARE (The City pays for 12" water pipe, 6" water valves, fire hydrants, 1" and 2" services, fittings and pavement repair.) portion was originally part of an existing rehab project and is constructed by the developer to accommodate the developer's schedule. 12" water pipe ($45) 6" water pipe ($30) 52 L.F. x $30 = $ 11560 12" valve ($1, 500) pipe, gate This water now being South University Centre Page 3 of 6 2 EA x $1, 500 = $ 3,000 3 valve ($900) 1 EA x $900 = $ 900 6" valve ($700) 5 EA x $700 = $ 31500 1" Service ($500) 3 EA x $500 = $ 11500 2" Service ($1,000) 2 EA x $1,000 = $ 2,000 Fire Hydrants ($2,200) 2 EA x $2,200 = $ 4,400 Fittings ($3,000) 1 LS x $3,000 = $ 3,000 Pavement Repair ($65) 752 L.F. x $65 = $ 19500 $ 96,415 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $111,645. 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 sewer portion was originally part of an existing rehab project and is now being constructed by the Developer to accommodate their schedule. The City shall pay the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated City Cost Estimated Total Cost Mains within Development $ - $ 111,645.00 $ 111,645 Approach $ - $ - $ - Easements* $ - $ - $ - Services $ - $ - $ - En ineering $ - $ - $ - Sub -Total Sewer $ - $ 111,645 $ 111,645 *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: South University Centre Page 4 of 6 2. Unit prices contained in City of Fort Worth Ordinance No. 14552; SEWER COST SHARE (The City pays for 8" sewer pipe, 4' manholes, trench safety and pavement repair.) 8" sewer pipe ($45) 1195 L.F. x $45 = $ 53,775 4' Manhole ($2,000) 9 EA. x $2,000 = $ 18,000 Trench Safety ($1) 1195 L.F. x $1 = $ 11195 Pavement Repair ($65) 595 L.F. x $65 = $ 36,675 $ 111,645 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated City Cost Estimated Total Cost Sub -Total Water $ 15,767 $ 96,415 $ 112,182 Sub -Total Sewer $ - $ 111,645 $ 1115645 Contingency $ - $ 2006 $ 205806 Sub -Total Water and Sewer Construction $ 15,767 $ 2285866 $ 244,633 Construction Inspection $ 315 $ 45577 $ 4,892 Materials Testing $ 315 $ 4,577 $ 43892 Grand Total $ 16,397 $ 238,020 $ 254,417 South University Centre Page 5 of 6 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 quadruplicate, at Fort Worth, Texas this the day of 2008. Approval Recommended: Water Department Frank Crumb Director ATTEST: City Secretary Marty Hendrix ATTEST: Corporate Secretary South University Centre Page 6 of 6 C 21 O I Contract! Authorization �13ic) rate 1 �JFFICIAL RECCR® CITY SECRETARY FT. WORTH? TX G-G C,�►�t P r� s Ne (t A-�- City Of Fort Worth Assistant City Manager Fernando Costa DEVELOPER Campus Village Centre I LLC. By: �hornA-s Me �ONisS Sign, print name and title �VIC ►n Se (L ) CA-m p K S VpI t-LA-6-ir t Pri-fN� D� VIu�E CeNtQe `4NPhZE It I I I I I LOT 10 I � I I I I l0T 1 I I _- _-�l I I'1 I III 2 05/14/08 CITY COMMENTS M.D.C. 1 01/02/08 M.D.C. �n�Tl�c�Il���ffi CONSUL71NG CIVIL ENGINEERS ■ SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale : 1 = 1001 Date : 08128 07 Design : M.D.C. Drawn R.D.L. Dwq. ne : CFAWater.dwq 1.01 EXHIBIT A WATER SOUTH UNIVERSITY CENTRE FORT WORTH, TEXAS SUTHERLAND SURVEY, ABSTRACT N0. 1438 CITY OF FORT WORTH TARRANT COUNTY, TEXAS CAMPUS VILLAGE CENTRE, L.P. 108 WILD BASIN ROAD, SUITE 205 AUSTIN, TEXAS 78746 III I I .I. LOT 10 � 1 = I OS/14/O8 I CRY COAIlAEMS � M.D.C. 1�01 /02/08 I ALD.CJ n�T6c�Ilffi�ffiTn^ "� �°s A��®c�n�tt®�9 IIffice• CONSULTING CIVIL ENGINEERS • SURVEYORS (972) 490-7090 FAX (972) 490-7099 sp Ia 1 = 100 Date : 08128107 Design M.D.C. Drawn R.D.L. owq. Fife CFASewer.dv Project No. : 52401.01 11111100111 EXHIBIT A-1 WASTEWATER SOUTH UNIVERSITY CENTRE FORT WORTH, TEXAS SUTHERLAND SURVEY, ABSTRACT N0. 1438 CITY OF FORT WORTH TARRANT COUNTY, TEXAS CAMPUS VILLAGE CENTRE, L.P. 108 WILD BASIN ROAD, SUITE 205 AUSTIN, TEXAS 78746 IV.�,C Request Review Page 1 of 2 CFWnet Ciry of Fort Worth Employee Intranet FORT WORTII 9/3/2008 +,�� Staff Action Tracking Council Agenda M&C Employee Directory ACToday Employee Classifieds PRS IT Online Departments DATE: CODE COUNCIL ACTION: Approved on 9/2/2008 9/2/2008 REFERENCE NO.: **C-23010 LOG NAME: C TYPE: CONSENT PUBLIC HEARING: Print M&C 60S UNIVERSITY NO SUBJECT: Authorize Execution of a Community Facilities Agreement with Campus Village Centre I, LLC, for Construction of Water and Sewer Services to Serve South University Centre Located Near Bluebonnet Circle, with City Participation in the Amount of $238,020.00 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Campus Village Centre I, LLC, for the installation of water and sanitary sewer services to serve South University Centre located just west of downtown Fort Worth, Texas, with City participation in the amount of $238,020.00. DISCUSSION: Campus Village Centre I, LLC, the developer of South University Centre, has executed a proposed contract for community facilities to serve a development located just west of downtown Fort Worth, along University Drive and South Hills Avenue (see attached map). The total cost for water and sewer improvements for this development is $254,417.00. A majority of the water improvement and all of the sewer improvement were part of an existing rehab project. In order to accommodate the developer's schedule, the rehab of the 12 inch water and 8 inch sewer mains were added to the developer's project with the City participating $238,020.00 to cover the rehab portion of the project. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection and materials testing fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY Water $15,767.00 $96,415.00 Sewer $0.00 $111,645.00 Contingency 0.00 $20,806.00 Subtotal $15,767.00 $228,866.00 Inspection $315.00 $4,577.00 Materials Testing 315.00 4 577.00 TOTAL $16,397.00 238,020.00 This development is zoned CR, multi -family, and located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: TOTAL $112,182.00 $111,645.00 $20,806.00 $244, 633.00 $4, 892.00 4 892.00 $254,417.00 http://apps.cfwnet.org/council�acket/mc review.asp?ID=10002&councildate=9/2/2008 09/03/2008 ��p C P�equest Review Page 2 of 2 The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund and Sewer Capital Projects Fund. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers P265 539140 609150091683 $106.056.00 P275 539140 709130091683 P265 531200 609150091684 P265 531350 609150091685 P275 531200 709130091684 P275 531350 709130091685 Fernando Costa (8476) S. Frank Crumb (8207) Stephanie Francis (7585) ATTACHMENTS South University Centre Formal -Exhibit A.pdf $122.810.00 2 121.00 2 121.00 2 456.00 2 456.00 http://apps. cfwnet. org/council�acket/mc_review. asp?ID=10002&councildate=9/2/2008 09/03/2008