HomeMy WebLinkAboutContract 37530COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT §
Contract No. lb
WHEREAS, LaFrontera Capital Properties, LLC, hereinafter called "Developer
desires to make certain improvements to LA FRONTERA — PHASE I (BLOCKS 19 29
39 49 81 % 10,119 12 & 13), 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 Gary Hazlewood, its duly
authorized Member and the City, acting herein by and through Fernando Costa, its duly
authorized Acting 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
faces 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.
OFFICIAL RECORD
La Frontera, Phase I CITY SECRETARY
Page 1 of 5 FT. FORTH, 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 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:
La Frontera, Phase I
Page 2 of 5
Water (A)attached; 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. 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 $241,190.
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 pay the cost of the water improvements as follows:
WATER FACILITIES:
To
Estimated
Developer Cost
Estimated City
Cost
Estimated Total
Cost
Mains within Development
$ 241,190
$ -
$ 2411190
A roach
$ -
$ -
$ -
Easements*
$ -
$ -
$ -
Services
$ -
$ -
$ -
En ineerin
$ -
$ -
$ -
Sub -Total Water
$ 241,190
$ -
$ 241,190
be dedicated by the developer
B. Developer shall install sanitary mains as shown on Exhibit A4, the
estimated cost of which is $294,734. 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 City shall share in the cost of the
sewer improvements as follows:
La Frontera, Phase I
Page 3 of 5
SANITARY SEWER FACILITIES:
Estimated
Developer Cost
Estimated City
Cost
Estimated Total
Cost
Mains within Development
$ 243,414
$ 51,320
$ 294,734
Approach
$ -
$ -
$ -
Easements*
$ -
$ -
$ -
Services
$ -
$ -
$ -
Engineering
$
Sub -Total Sewer
$ 243,414
$ 515320
$ 2945734
*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:
l . Unit prices contained in City of Fort Worth Ordinance No. 14552;
SEWER COST SHARE (The City pays for 6"/16" force main.)
6"/16" force main, using water pipe prices ($70 - $30)
1,283 L.F. x $40 = $ 51,320
$ 51,320
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated
Developer Cost
Estimated City
Cost
Estimated Total
Cost
Sub -Total Water
$
241,190
$
-
$
2415190
Sub -Total Sewer
$
243,414
$
51,320
$
294,734
Contingency
$
-
$
125830
$
12,830
Total Water and Sewer
Construction
$
48404
$
645150
$
548,754
Construction Materials Testing
$
9,692
$
1,283
$
10,975
Construction Inspection
$
9 692
1 $
1 283
$
10 975
Grand Total
$
503,988
$
66,716
$
570,704
La Frontera, Phase I
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, and said Developer
has executed this instrument in quadruplicate, at Fort Worth, Texas this the h day of
S , 2008.
Approval Recommended:
Water Department
S. Frank Crumb
Director
ATTEST:
�.��y �ecrc�ary
Marty Hendrix
ATTEST:
Corporate Secretary
La Frontera, Phase I
Page 5 of 5
_r.Lract, Authoriamtioa
City Of Fort Worth
Assistant City Manager
Fernando Costa
DEVELOPER
La Frontera
Properties, LLC
Capital
4FFIC(AL RECORD
CITY SECRETARY
FT. WORTH, TX
100X DEVELOPER'S COST
-}-N 10" AND 8" WATER LINES, FIRE HYDRANTS,
GATE VALVES AND ASSOCIATED
APPURTENANCES
SCALE: 1 "=400'
EXHIBIT "A" D.o.E. Na: s788
WATER IMPROVEMENTS WATER No: P264-607150089a83
SANITARY SEWER N0: 1?274-707130089083
"LA FRONTERA -- PHASE 1" STREET/STORM DRAIN NO: W-1984
WELCH ENG G, I NC"
CONSUL TING ENGINEERS
1a0R QEVEI.OPER'S COST
8` SANITARY SEWER LINES
AND ASSOCIATED APPURTENANCES
SCALE: 1"=400'
EXHIBIT "A--1 " D.a.E. No: 5788
SANITARY SEWER IMPROVEMENTS WATER N0: P264-S07150089083
SANITARY SEWER NO* �
"LA FRONTERA — PHASE 1" STREET/STORM DRAIN N0:4W710984 089083
WELCH ENG G, I NC.
CONSUL T/NG ENGINEERS
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COUNCIL ACTION: Approved on 9/2/2008
DATE: 9/2/2008 REFERENCE NO.: **C-23008 LOG NAME: 60LAFRONTERA I
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Community Facilities Agreement with La Frontera Capital
Properties, LLC, for Construction of Water and Sewer Services to Serve La Frontera -
Phase I, Blocks 1, 2, 3, 4, 8, 9, 10, 11, 12 and 13, Located in Northwest Fort Worth, Texas,
with City Participation in the Amount of $66,716.00
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with La Frontera Capital Properties, LLC, for the installation of sanitary sewer services to
serve La Frontera -Phase I, Blocks 1, 2, 3, 4, 8, 9, 10, 11, 12 and 13, a development, located in
northwest Fort Worth with City participation in the amount of $66,716.00.
DISCUSSION:
La Frontera Capital Properties, LLC, the developer of La Frontera -Phase I, Blocks 1, 2, 3, 4, 8, 9, 10,
11, 12 and 13, has executed a proposed contract for community facilities to serve a development
located in northwest Fort Worth, north of Boat Club Road and west of Little Dosier Creek (see attached
map).
The total cost for sewer improvements for this development is $570,704.00. There will be City
participation in sewer pipe (6 inch/16 inches) oversizing to increase pipe capacity in development
area. The Developer and City estimated costs for sewer improvements are subject to construction
inspection fees.
ESTIMATED COST:
PROJECT COST DEVELOPER
Water $241,190.00
Sewer $243,414.00
Contingency 0.00
Subtotal $484,604.00
Materials Testing $9,692.00
Inspection $9,692.00
TOTAL $503,988.00
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
CITY
$0.00
$51,320.00
$12,830.00
$64,150.00
$1,283.00
$1,283.00
$ 66,716.00
TOTAL
$241,190.00
$294, 734.00
$12,830.00
$548,754.00
$10, 975.00
$10,975.00
$570,704.00
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
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Sewer Capital Project Funds.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/AccountlCenters
P275 539140 707130089084 $64,150.00
P275 531350 707130089085
P275 531200 707130089084
Fernando Costa (8476)
S. Frank Crumb (8207)
Stephanie Francis (7585)
ATTACHMENTS
HanrattyPlaceApartments.pdf
1 283.00
1 283.00
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