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Home My WebLink AboutContract 37461COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary Contract No. ' WHEREAS, Wells Framing Contractors, Inc., hereinafter called "Developer", desires to make certain improvements to VERAISON VILLAGE, 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 David J. Wells, its duly authorized President 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 facties in accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be Veraison Village Page 1 of 5 administered in conformance with paragraph 83 Section II, of the Policy. OFFICIAL RECORD , CITY SECRETARY FT. WORTH, 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 neglizence of the City of Fort Worth, its officers, servants, or e nPloyees. 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 Veraison Village Page 2 of 5 exhibits attached hereto. The following exhibits are made a part hereof: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 $92,831. 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 FACILITIES: To Estimated Developer Cost Estimated City Cost Estimated Total Cost Mains within Development $ 32,961 $ 5%870 $ 92,831 Approach $ - $ - $ - Easements* $- Services $ - $ - $ - Engineering $ - $ - $ - Sub -Total Water $ 32,961 $ 59)8701 $ 92,831 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 24/12 water pipe and 24 Piz gate valve.) 24712" water pipe ($110 - $45) 698 L.F. x $65 = $ 45,370 2431/12" gate valves ($16,000-13500) 1 Ea. x $14,500 = $ 149500 $ 59,870 Veraison Village Page 3 of 5 OFFICIAL RECORQ CITY SECRETARY FT. WORTH, TX B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $98,891. 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 sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated City Cost Estimated Total Cost Mains within Development $ 98,891 $ - $ 98,891 Approach $ - $ - $ - Easements* $ - $ - $ - Services $ - $ - $ - En ineerin $ - $ - $ - Sub -Total Sewer $ 98,891 $ - $ 98,891 *To be dedicated by the developer. TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated City Cost Estimated Total Cost Sub -Total Water $ 32,961 $ 59,870 $ 92,831 Sub -Total Sewer $ 98,891 $ - $ 98,891 Contingency $ - $ 14,968 $ 14,968 Sub -Total Water and Sewer Construction $ 131,852 $ 74,838 $ 206,690 Construction Inspection $ 2,637 $ 1,497 $ 4,134 Materials Testing $ 25637 $ 13497 $ 45134 Grand Total $ 137,126 $ 77,832 $ 2145958 ®FFICIAL RFCOR® CITI' S,EGRCTARY Veraison Village FT WORTH, TX 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 thq,�Aj day of , 2008. Approval Recommended: Water Department S. Frank b Director ATTEST: City secretary Marty Hendrix ATTEST: Corporate Secretary Veraison Village Page 5 of 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX C{>ntract A,uthoriaatioa 7 Vista City Of Fort Worth Assistant City Manager Fernando Costa DEVELOPER Wells Framing Contractors, Inc. Sign, print name and. title �w 6 7E _ CITY SECRETARY 111 FT WORTH, TX 0 ter% W Z J W a O (W z0: a N z w can w ® 00 C\! N �=� _ 1 93NNI ® z 0 ® w O �. �i o v o O ® N iA 1 a (a 0) x O W CC Lo W 0" 3 ti � y w w w W oM �0 W �®LO. O ® N 4 ®Zo _>. a V � rT, � �w Page 1 of 2 City of Fort Worth, Texas • • • • • COUNCIL ACTION: Approved on 7/29/2008 ��,. �.�� ._,�. P.�,��w�. w ..� �.._w . ti �mv � _. .� ��,�.� � _�._ �._ _ s .. DATE: Tuesday, July 29, 2008 LOG NAME: 60VERAISON REFERENCE NO.: C-22951 SUBJECT: Authorize Execution of a Community Facilities Agreement with Wells Framing Contractors, Inc., for Construction of Water Services to Serve Veraison Village Located in the Southern Part of Fort Worth, Texas, with City Participation in the Amount of $77,832.00 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Wells Framing Contractors, Inc., with city participation in the amount of $77,832.00 for the installation of water services to serve Veraison Village located in the southern part of Fort Worth, Texas. DISCUSSION: Wells Framing Contractors, Inc., the developer of Veraison Village, has executed a proposed contract for community facilities to serve a development located in the southern part of Fort Worth, east of Michael Drive and north of Oak Grove -Shelby Road (see attached map). The total cost for water improvements for this development is $214,958.00. There will be City participation in water pipe (24"/12") oversizing to increase pipe capacity in development area. The Developer and City estimated costs for water improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST WATER SEWER CONTINGENCY INSPECTION MATERIALS TESTING TOTAL DEVELOPER CITY TOTAL $32,961.00 $59,870.00 $92,831.00 $98,891.00 $0.00 $98,891.00 $0.00 $14,968.00 $14,968.00 $2,637.00 $1,497.00 $3,834.00 2 637.00 1 497.00 3 834.00 $137,126.00 $77,832.00 $214,958.00 This development is zoned CR and located in COUNCIL DISTRICT 8. 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://apps. cfwnet. org/council�acket/Reports/mc�rint. asp 07/29/2008 EVERMAN BEACON DR PK o Park J �R u 61 AL AN &B IRE as X $ELSN EISD SCHOOL SITIC N,T.S. OAK GROVE SHELBY RD, CITY COUNCIL DISTRICT 8 MAPSCO Page 105V