HomeMy WebLinkAboutContract 39108 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 9 �b
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, LOT 1, BLOCK 1, 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
authorized 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
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 oEPoficy. RECORD
RETARY
Westover Village,Lot 1,Block 1,Target — i — TH,TX
Pagel of 6
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 alleged neglikence of the CUP 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).
1. 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,Lot 1,Block 1,Target
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 line(s) and/or
meters as shown on Exhibit A, the estimated cost of which is $132,121.50.
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 Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 128,383.50 $ 3,738.00 $ 132,121.50
Approach $ - $ - $ -
Easements* $ - $ - is -
Sub-Total Water $ 128,383.501 $ 3,738.00 $ 132,121.50
*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,Lot 1,Block 1,Target
Page 3 of 6
WATER COST SHARE (The City pays for 12"/10" water pipe.)
12'710" water pipe ($45-$42)
920 L.F. x $3 = $ 2,760.00
Fittings ($3000 /6)
1.05 TN x $500.00 = $ 525.00
12"/10" Gate valve ($1,500 - $1,400)
3 EA x $100 = $ 300.00
Trench Safety ($1 / 6)
920 L.F. x $0.166667 = $ 153.00
$ 3,738.00
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $31,749.50. 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 Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development 31,749.50 - 31,749.50
Approach - -Easements* - - -
Sub-Total Sewer 1 31,749.501 31,749.50
*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,Lot 1,Block 1,Target
Page 4 of 6
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 128,383.50 $ 3,738.00 $ 132,121.50
Sub-Total Sewer $ 31,749.50 $ - $ 31,749.50
Contingency $ - $ - $ -
Total Water and Sewer
$ 160,133.00 $ 3,738.00 $ 163,871.00
Construction
Construction Materials Testing $ 3,202.66 $ 74.76 $ 3,277.42
Construction Inspection $ 3 202.66 74.76 $ 3,277.42
Grand Total $ 166,538.32 1 $ 3,887.52 $ 170,425.84
Westover Village,Lot 1,Block 1,Target
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�hday of
2009.
Approval Recommended:
Water Department
City Of Fort Worth
S. Frank Crumb
Director
ATTEST: Assistant City Manager
Fernando Costa
r
\\\ DEVELOPER:
City Secretary
Marty Hendrix Margaux Westover Partners, LTD,
Texas Limited Liability Company
Approved as to Form:
Assistant C4 Attorney By:
ATTEST:
Sign,print name and title
Corporate Secretary
C-a 3-7 L4
Contract Authorixatioa
91 a5 Ing
Datwp- OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
Westover Village,Lot 1,Block 1,Target
Page 6 of 6
i'N rgtt I_ SHERRY LANE
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ly r-F"As$EMet r EXHIBIT "A'
FLEGEND WATER PLAN
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RIDGMAR BOULEVARD _ \ LOT 1 BLOCK 1 OF
XI,- F H 7 �� WESTOVER VILLAGE
t— PROP VALVE - f a S K 2 1
.R E'ST Ai� 2
PROP. F.H ASSEMBLY T a`� E Y it S t' A 4 ' AUGUST 16, 2007
e PREPARED BY: PREPARED FOR
PROP WA'ER LINE BY OTHERS ` 1
TCB MARGAUX DEVELOPMENT COMP,-NY
PROP. WATER LINE / 17300 DALLAS PARKWAY, SUITE 1010 14900 LANDMARK BOULEVARD. SL r
EXIST. WATER LINE DALLAS, TEXAS 76051 DALLAS, TEXAS 75254
(972)735-3000
SHERRY LANE
! / 'AN TA.RT yF.✓rF4
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/ LOT 2 ,..h,.�..si.,..
BLOCK 1
icoNs ��c:l 4• SANITARY MH' / ! RETAIL
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EGIN PRIVATE IMPROVEMENTS
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(j)TARGET
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RETAIL
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EXHIBIT "A-1 "
C H \ SSA SANITARY SEWER PLAN
BOULEVARD_ LOT 1 BLOCK 1 OF
LEGEND RIDG1�1?f?---- -- j "� WESTOVER VILLAGE
-..._—..._ K 2
B�0 C PROP SANITARY MH -��%- E 5 T A T IE 5 � 2
R� 6 M R s 4 3 AUGUST 16, 2007
FRCP SANITARY WE \� 7 8 I I - PREPARED BY: PREPARED FOR
8
EXIST SAN'ARY LINE \ �l
-.-J— TCB MARGAUX DEVELOPMENT COMPANY
---- / 17300 DALLAS PARKWAY, SUITE 1010 14900 LANDMARK BOULEVARD, SU'iE 61''
DALLAS, TEXAS 76051 DALLAS, TEXAS 75254
(972)735-3000
EXHIBIT"A"
CFA BID SCHEDULE
MARGAUX DEVELOPMENT COMPANY
LOT 1 BLOCK 1 OF WESTOVER VILLAGE
811612007
UNIT I:WATER
Item Approximate Total
No. Quantity Unit Description of Item Unit Price' Amount Bid
WATERLINE ITEMS
1 920 LF Furnish&Install 12-inch DR-14 Water Main,including trenching,
embedment,backfill,testing and sterilization,complete in place, $ 30,00 $ 27,600.00
2. 1,150 LF Furnish&Install 8-inch DR-14 Water Main,including trenching,
embedment,backfill,testing and sterilization,complete in place, $ 2300 $ 26,450 00
3. 15 LF Furnish&Install 6-inch DR-14 Water Main,including trenching,
embedment,backfill,testing and sterilization,complete in place, $ 20.00 $ 300.00
4 . 70 LF Connect 12"Waterline to Existing 12"Waterline by Boring,including
Steel Encasement Pipe and materials,complete in place, $ 250.00 $ 17,500.00
5. 70 LF Conned 8"Waterline to Existing 12"Waterline by Boring,including
Steel Encasement Pipe and materials,complete in place, $ 125.00 $ 8,750.00
6. 1 EA Furnish&Instal 12"x12"Tapping Sleeve and Valve,including polywrap,
complete in place, $ 4,000,00 $ 4,000.00
7. 1 EA Furnish&Install 8"x12"Tapping Sleeve and Valve,including polywrap,
complete in place, $ 3,000,00 $ 3,000.00
8 3 EA Furnish&Install 12-inch Gate Valve,including valve box and
blocking,complete in place, $ 1,500.00 $ 4,500.00
9. 3 EA Furnish&Instal 8-inch Gate Valve,Including valve box and
blocking,complete in place, $ 850.00 $ 2,550.00
10. 1 EA Furnish&Install 6-inch Gate Valve,including valve box and
blocking,complete in place, $ 600,00 $ 600.00
11 4 EA Furnish&Install Fire Hydrant Assembly including hydrant,tap,
6-inch lead,line valve and box,fittings,and concrete blocking,
complete in place, $ 1,800.00 $ 7,200.00
12. 2 EA Furnish&Install 2-inch Water Service,including tap,service line,
stops,and meter box,complete in place, $ 800.00 $ 1,600.00
13 5 EA Furnish&Install 2-inch Water Service,including tap,service line,
and stops,complete in place, $ 400.00 $ 2,000.00
14 5,000 LB Furnish&Install Cast Iron Water Main Fittings,including pollwrap,
complete in place, $ 2.00 $ 10,000 00
15 2200 LF Design and Implementation of Trench.Safety system including
sheeting,shoring,and bra,-ing,complete in place, $_ 1 00 __ $—2_200 90__
SUBTOTAL WATERLINE ITEMS $ 118,250 00
EXHIBIT"A"
CFA BID SCHEDULE
MARGAUX DEVELOPMENT COMPANY
LOT 1 BLOCK 1 OF WESTOVER VILLAGE
8/162007
UNIT If:SEWER
Item Approximate Total
No Quantity Unit Description of Item Unit Price' Amount Bid
SANITARY SEWER ITEMS
16 400 LF Furnish and Install 8-inch Diameter SDR-35 PVC Sanitary Sewer,
including trenching embedment,backfill and testing,
complete in place, $ 3200 $ 12,800 00
17 35 LF Furnish and Install 6-inch Diameter SDR-35 PVC Sanitary Sewer,
including trenching embedment,backfill and testing,
complete in place, $ 2800 $ 980.00
18 55 LF Furnish and Install 8-inch Diameter SDR-26 PVC Sanitary Sewer,
with Cement Stabilized Backfill,Encased in 2 27 cement treated sand,
including trenching embedment,backfilt and testing,
complete in place, $ 50.00 $ 2,750.00
19 1 EA Furnish&Install Standard 4-Foot Diameter Sanitary Sewer Manhole,
with water tight insert,including excavation,backfill and castings,
complete in place, $ 2,40000 $ 2,400.00
20 2 EA Fumish&Install Drop 4-Foot Diameter Sanitary Sewer Manhole,
with water tight insert,including excavation,backfill and castings,
complete in place, $ 3,500,00 $ 7,000.00
21 1 EA Remove and Reconstruct Rim of Existing Sanitary Sewer Manhole,
including excavation,backfill and castings, complete in place, $ 1,500.00 $ 1,500.00
22. 1 EA Furnish&Install 6-inch Sanitary Sewer Plug,complete in place, $ 500.00 $ 500.00
23 2 EA Furnish&Install Clay Dam,complete in place, $ 500.00 $ 1,000.00
24 . 490 LF Perform Post T.V Sanitary Sewer Inspection
trenching,embedment,backfill,fittings,and marker,
complete in place, $ 200 $ 980.00
25 490 LF Design and Implementation of Trench Safety system including
sheeting,shoring,and bracing,complete in place, $ 1.00 $ 490.00
SUBTOTAL SANITARY SEWER ITEMS $ 30,400.00
SUMMARY
SUBTOTAL WATERLINE ITEMS $ 118,250 00
SUBTOTAL SANITARY SEWER ITEMS $_ 30,400 00
TOTAL BID AMOUNT $ 146,650 00
In the event of a discrepancy.$gores in!his column govern.
8r eview Page 1 of
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Foa�111
COUNCIL ACTION: Approved on 8/25/2009
DATE: 8/25/2009 REFERENCE NO.:**C-23743 LOG NAME: 60WESTOVER VILLAGE
TARGET
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize a Community Facilities Agreement with City Participation in the Amount of
$3,738.00 with Margaux Westover Partners, LTD, for the Construction of Water Services to
Serve Westover Village, Lot 1, Block 1
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community
Facilities Agreement with City participation in the amount of$3,738.00 with Margaux Westover
Partners, LTD, for the installation of water services to serve Westover Village, Lot 1, Block 1.
DISCUSSION:
Margaux Westover Partners, LTD, the developer (Developer) of Westover Village, Lot 1, Block 1, 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 $170,425.84. 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 DEVELOPER CITY TOTAL
Water $128,383.50 $3,738.00 $132,121.50
Sewer $31,749.50 $0.00 $31,749.50
Contingency 0.00 $0.00 $0.00
Subtotal $160,133.00 $3,738.00 $163,871.00
Inspection $3,202.66 $74.76 $3,277.42
Materials Testing $3,202.66 $74.76 $3,277.42
Total $166,538.32 $3,887.52 $170,425.84
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 531350 607150087085 $74.76
P264 539140 607150087083 $3,738.00
P264 531200 607150087084 $74.76
http://apps.cfwnet.org/council_packet/mc review.asp?ID=12008&councildate=8/25/2009
M&" Review Page 2 of 2
Submitted for City Manager's Office by. Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Viesha Kaminska (8428)
ATTACHMENTS
Westover Village Target map.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12008&councildate=8/25/2009 08/25/2009