HomeMy WebLinkAboutContract 39222COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT §
Contract No. 35 a c
WHEREAS, Margaux Westover Partners, LTD, a Texas limited liability
company, its general partner, hereinafter called "Developer", desires to make certain
improvements to WESTOVER VILLAGE ADDITION, BLOCKS 1-5, 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 Donald Silverman, its duly
authorizeA Managing Partner 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
65 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.
'�Ji�rk JAL RECORD
CITE' SECRETARY
Westover Village, Blocks 1-5 � TV tlnm @ H�, TX
Pagelof6 RECEIVED StP 28 200
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
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 aU ged 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.
Westover Village, Blocks 1-5
Page 2 of 6
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
Water (A)attached; Sewer (A-1)attached.
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 $156,979.00.
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:
Estimated
Developer Cost
Estimated City
Cost
Estimated Total
Cost
Mains within Development
$ 152,451.00
$ 4,528.00
$ 156,979.00
Oproach
$ -
$ -
$ -
Easements *
$ -
$ -
$ -
Sub -Total Water
$ 152,451.00
$ 4,528.00
$ 156,979.00
*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;
Westover Village, Blocks 1-5
Page 3 of 6
WATER COST SHARE (The City pays for 12/10 water pipe.)
12710" water pipe ($45-$42)
1,138 L.F. x $3 = $ 3,414.00
Fittings ($3000 / 6)
1.0486 TN x $500.00 = $ 524.00
12" /10" Gate valve ($1, 500 - $1,400)
4 EA x $100 = $ 400.00
Trench Safety ($1 / 6)
1,138 L. F. x $0.166667 = $ 190.00
$ 4,528.00
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $102,084.00, 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:
SANITARY SEWER FACILITIES:
Estimated
Developer Cost
Estimated City
Cost
Estimated Total
Cost
Mains within Development
10204.00
-
10204.00
Approach
-
-
-
Easements
-
Sub -Total Sewer
1 102,084.001
102,084.00
*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;
Westover Village, Blocks I-5
Page 4 of 6
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated
Developqr Cost
Estimated City
Cost
Estimated Total
Cost
Sub -Total Water
$
152A51.00
$
45528600
$
156,979.00
Sub -Total Sewer
$
1025084400
$
-
$
1025084000
Contin ency
$
-
$
-
$
-
Total Water and Sewer
Construction
$
254,535.00
$
45528,00
$
259A3.00
Construction Materials Testing
$
5,090.70
$
90056
$
55181026
Construction Ins ection
$
51090070,
$
90456
$
51181026
Grand Total
$
264,716.40
1
$
4)7090121
$
269,425.52
Westover Village, Blocks 1-5
Page 5 of 6
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 day of
2009.
Approval Recommended:
Water Department
aK(A
S. Frank Crumb
Director
ATTEST:
City Secretary
any Hendrix
Approved as to Form:
Assistan ity Attorney
ATTEST:
Corporate Secretary
font ct AuthorizatIOR,-:
ISIO
date _.
City Of Fort Worth
Assistant City Manager
Fernando Costa
DEVELOPER:
Margaux Westover Partners, LTD,
Texas limited 1'
46 41bP4 UiW540-8 cr, Ine.� G
By:
DD,OkoO l.. S�►,J�►J
Sign, print na ne and title
3TY SECRETARY'
1 rTHF Ty
Westover Village, Blocks 1-5
Page 6 of 6
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Official site of the City of Fort Worth, Texas
COUNCIL ACTION: Approved on 9/8/2009
DATE: 9/8/2009 REFERENCE NO.: **C-23762 LOG NAME: 60WESTOVER VILLAGE
BLK 1-5
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Approve a Community Facilities Agreement with Margaux Westover Partners, LTD, for
Construction of Water Services to Serve Westover Village, Blocks 1 through 5, with City
Participation in the Amount of $4,709.12
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community
Facilities Agreement with Margaux Westover Partners, LTD, for the installation of water services to
serve Westover Village, Blocks 1 through 5, with City participation in the amount of $4,709.12.
DISCUSSION:
Margaux Westover Partners, LTD, (Developer) the developer of Westover Village, Blocks 1 through
5, has executed a proposed contract for community facilities to serve a development located in west
Fort Worth (see attached map).
The total cost for water and sewer improvements for this development is $269,425.52. There will be
City participation in water pipe (12 inch/10 inch) over sizing 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
Sub -Total
Inspection
Materials Texting
Total
DEVELOPER CITY TOTAL
$152,451.00 $4,528.00 $156,979.00
$102,084000 $0.00 $1021084.00
0.00 0.00 0.00
$2541535900 $4,528400 $259,063000
$5,090470 $90.56 $5,181026
5 090.70 90.56 $5,181026
$2641716.40 $41709.12 $26%425.52
This development is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Water Capital Projects Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
P264 539140 607150086183 4 528.00
P264 531350 607150086185 $90,56
P264 531200 607150086184 $90,56
Submitted for City Manager's Office by.
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Westover Village Blks 1-5 layouts maps.pdf
Fernando Costa (6122)
S. Frank Crumb (8207)
Viesha Kaminska (8428)