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Home My WebLink AboutContract 28477! � � � f � COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract No._�� WHEREAS, Mooreland Development Companv, inc.., hereinafter called "Developer", desires to make certain improvements in South Oak Grove Estates Phase 2& 3, an addition to the City of Fort Worth, Texas on north I-35; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant 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 Michael Beatv, its duly authorized President and the City, acting herein by and through Marc A. Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: �� i�,r�;� c; 0�°,,;; ��;,;�� ;� �6i;,�i��,�W� � `�''� �1�.?��Y��l�i�ll��i�'��i��hdli��lk� �� r� ��I ! �'�I I� 'I ' �/ ��'V,�`I, ��I I�h,��, k.�.-.� ___ . � / • � 1 , I SECTION ONE COMMUNITY FACILITIES AGREEMENT to install WATER AND SEWER SERVICES for SOUTH OAK GROVE ESTATES SECTION II & III, PHASE 1 A. The City agrees to permit the Developer to let a contract for, in accordance with its accepted practices, ordinances, regulations, and the provisions of the City Charter, and subject to the requirements of the City's Charter, and subject to the requirements of the City's Policies and Regulations for fnstallation of Community Facilities, all as current at the time of installation: WATER FACILITIES serve the lots as shown on the attached Exhibit A, and SANITARY SEWER FACILITIES to serve the lots as shown on the attached Exhibit A-1 all in accordance with plans and specifications to be prepared by private engineers employed by the Developer and approved by the Water Department. The water and sewer facilities were partially installed by a previous Developer and will be replaced by the new Developer. Thorough testing and field investigation reveal any rehabilitation or replacement indicated. B. The City agrees to allow the Developer to install, at his expense, at the time all other water mains in this addition are installed, a service line for each lot as shown on the attached Exhibit A. The estimated cost of these service lines is $ 34,745*. 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. Water mains, valves, and fire hydrants will be paid on a 50/50% basis between Developer and City. Cost is estimated to be One Hundred Nine.Thousand, Eiqht Hundred and One Dollars ($109,801) . C. The City agrees to allow the Developer to install, at his expense, at the time all other sanitary sewer mains in this addition are installed, a service line for each lot as shown on the attached Exhibit A-1 . The estimated cost of these service lines is $ 58,065*. The Developer shall be responsible for approach and onsite sewer mains and service lines. The City shall be responsible for the sewer manholes only. The City agrees to record the location of each said service line in respect to the corner of the lot serveci, and to retain said records in its possession. D. The construction cost of the sanitary sewer facilities to be installed hereunder, exclusive of service lines and engineering, is estimated to be One Hundred Sixtv-Seven Thousand, Two Hundred Seventv-Three Dollars ($167,273 ). I-1 PROJECT NAME: SOUTH OAK GROVE ESTATES SECTION II & III, PHASE 1 E. Prior to allowance of the construction contract by Developer, the Developer agrees to provide acceptable financial guarantee to the city for 100 percent of the construction costs along with payment of any Ordinance costs and fees that are applicable. Prior to the award of the construction contract by the City or the commencing of any work by the City or its contractors, the Developer agrees to pay to the City: (1) An additional ten percent (10%) of the total of the Developers cost of these water and sanitary sewer facilities, exclusive of cost of service lines, is required for design engineering if such engineering is performed by the City at the Developer's request. (2) One hundred percent (100%) of the Developer's cost of all water and sewer service lines, estimated under 1-B and 1-C above, in accordance with the provisions of the current Fort Worth City Code. (3) A construction Inspection Fee equal to two (2%) of the Developer's actual cost share of the construction cost (including all services) of the water and/or sanitary sewer facilities. (4) No water and sewer impact fees shall be assessed for the service lines for the previously platted lots. However, impact fees will be assessed to the additional 24 lots within this phase. Total cost for the impact fees shall be paid in cash prior to the construction. G. The distribution of estimated construction cost between the City and the Developer, as per paragraph 1-F above, for all water and sanitary sewer facilities to be constructed hereunder is estimated as follows: I-2 PROJECT NAME: SOUTH OAK GROVE ESTATES SECTION II & III, PHASE 1 (1) WATER FACILITIES : Estimated ** Developer Estimated Total Cost City Cost Cost (a) Mains, Within Development $ 54,901 $ 54,900 $ 109,801 Approach $ -0- $ -0- $ -0- (b) Impact Fees $ -0- $ -0- $ -0- (c) Services* See page I-4* $ 22,443 (d)Park Participation $ -0- Sub-Totals, Water $ 77,344 (2) SANITARY SEWER FACILITIES: (a) Development $ 120,856 Approach $ 25,617 (b) Easements $ -0- (c) Services ( 147 -4") $ 58,065 (d)Park Participation $ -0- Sub-Totals, Sewer $ 204,538 (3) TOTAL CONSTRUCTION COST: $ 281,882 (4) CONSTRUCTION INSPECTION FEE : $ 5,638 $ 12,302 $ 34,745 $ -0- $ -0- $ 67,202 $ 144,546 $ 18,200 $ 139,056 $ 2,600 $ 28,217 $ -0- $ -0- $ -0- $ 58,065 $ -0- $ -0- $ 20,800 $ 225,338 $ 88,002 $ 369,884 $ 1,760 $ 7,398 *Developer pays 50% of bullhead double water services on old replacements, in addition to 9 new long double, 2 short double and 14 single services. ** see Page I-4 for City Cost I-3 ** CITY PARTICIPATION BREAK-DOWN FOR: PROJECT NAME: SOUTH OAK GROVE ESTATES SECTION II & III PHASE 1 WATER: Water will be paid on a 50/50% basis between Developer and City water pipe, valves, fire hydrants and old services. Water Impact Fees for the new lots will be $8,929.20, paid entirely by the developer prior to the construction. 8" water pipe ($18 per L.F.) 4,000 L.F. x$18 x.50 = $ 36,000 8" water gate vaive ($600 Each) 11 EA x$600 x.50 = $ 3,300 � Connect to existing 8" water pipe ($200 LS) 2 LS. x$200 x.50 = $ 200 Standard Fire Hydrant ($1,850 Each) 8 EA. x$1,850 x.50 = $ 7,400 Water fittings ($3,000 per Ton) 2 Ton. x$3,000 x.50 = $ 3,000 Water services- long, bullhead ($460 Each) 38 EA. x$460 x.50 = $ 8,740 Water services- short, bullhead ($375 Each) 19 EA.. x$375 x.50 = $ 3,563 Water line testing ($2.50 per L.F.) 4,000 x $2.50 x .50 = $ 5,000 Subtotal: $ 67,203 *Developer pays 50% of bullhead double water services on old replacements, in addition to nine new long double, two short double and 14,single services. SEWER: Sewer will be paid in agreement that the Developer does pipe, fiftings and services. The Cify will pay for the manholes. Sewer lmpact Fees for the new lots will be $10,886.40, paid entirely by the developer prior to the consfruction. Replace manholes 14 x $1,200 EA.= $ 16,800 Test new manholes ($100 Each) 14 x $100 EA = $ 1,400 Subtotal $ 18,200 OFFSITE SEWER: Replace manholes 2 x $1,200 EA.= $ 2,400 Test new manholes ($100 Each) 2 x $100 EA = $ 200 Subtotal $ 2,600 The cost difference is based on estimate only. TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT _ $ 67,203 + $ 18,200 + $ 2,600 = $ 88,003 I-4 PROJECT NAME: SOUTH OAK GROVE ESTATES SECTION II & III, PHASE 1 H. The above charges do not include any front foot charges for connection to existing or proposed water and/or sanitary sewer mains constructed or to be constructed under the provisions of the "APPROACH MAIN OPTION" as described in Section III of the Policy for the "INSTALLATION OF COMMUNITY FACILITIES" adopted in April 2001. These additional charges are as follows: Applicable to this Coritract in the amount of $ N/A. by Contract No. N/A dated N/A Applicable CFA Name N/A Date: N/A Number N/A When water facilities are installed by contract, installation of water services will be included as part of the contract. Installation of ineter boxes on those services may be done by the City, after completion of construction of all relative curb and gutter work on the water facilities project site, at a cost of $70/$135 per contract-installed charge to be due and payable prior to issuance of a Work Order on the water facilities installation contract. The above charges do not apply if the Developer elects to include meter box installation as part of the contract. However, meter boxes must conform City standards. J. Within a reasonable time after completion of the above referenced facilities to be constructed by contract awarded by the Developer, provided all conditions for City participation have been met, the City agrees to pay the Developer the "Estimated City Cost" set out in 1-G above; provided, however, that said payment shall be calculated using the actual construction costs and actual service costs under the provisions of the current Fort Worth City Code, (said payment to be calculated as in 1- G above), based on actual quantities as reflected in the final estimate paid to the Contractor by the Developer and on the actual records of cost kept by the City as a part of its customary procedures. In the event the difference in the deposit and the actual costs exceeds $25, Developer agrees to pay to the City and underpayment which said adjustment might indicate as being due, and the City agrees to pay to Developer any overpayment. I-5 PROJECT NAME: SOUTH OAK GROVE ESTATES SECTION II & III. PHASE 1 K. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70°/a of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. In the event water and/or sanitary sewer facilities work is not completed within the (2) year period, City may, at its election, complete such work af Developer's expense. L. It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/or materials as may be made necessary by conditions encountered during construction, and shall not include any change in scope of the project. RECOMMENDED: �. ' � Dale A. Fissel r, R:E. Water Director i �� a Date I-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 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 �O�' day of , 20 4� . APPROVED AS TO FORM AND LEGALITY: l� �� Gary J. Steinberger Assistant rity Attorney RECOMMENDED: Dale A. Fisseler, P.E. Director, Water Department ATT, ST: � Gloria Pe rson City Secretary G- �� -�� t�3ontract Authorization � I ��-�l � � Date CITY OF FORT WO : ��i.:L Marc A.�Ott �/ Assista t City Manager Developer: �_ _, � gy: � �� /�cC�� ry9'%Y � �",�- �� - �ov n-��-R� (� c.�''�-sz� r�.�., ; �N�. ��Y�`�'Gap� ,. _ ,;, �,�(��J� � �r, ��`�i �° � ��C�`�'�� „ �i ,. ' U'�1� �!''' � 'll'I�� . = . . � • N ' .- �P' E . �OCATI 0�1 M AP s W 0 GARDEN � ACRES � 0 MCPHERSON ROAD � / � � , SUBJECT PROPERT Y OAK GRO VE EAST ROAD I A tio �a � W� ow ww � S �UTH OAK GR4VE E STATE S � � M SECTI�NS II 8c III � , PHASE 1� � � � . � , �. 0 0 0 . • N ' : .. . ... . . . . � , . . � X X X ��. G ORD ON S. 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SWIFT CONSULTING ENGINEER INC. � N O O N I � � � 0 � � � � � 0 0 0 � N N O \ � W City of FoYt Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/14/03 C_�9428 60GROVE 1 of 2 SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH MOORELAND DEVELOPMENT COMPANY, INC. FOR CONSTRUCTION OF WATER AND SEWER SERVICES TO SERVE A PORTION OF SOUTH OAK GROVE ESTATES, PHASE II AND III OF BLOCKS 7, 8, 12 AND 13, A DEVELOPMENT ON MCPHERSON ROAD EAST OF HIGHWAY 135 IN FAR SOUTHEAST FORT WORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Mooreland Development Company, Inc. (the developer) for the rehabilitation of existing facilities and installation of water and sewer services to serve a portion of South Oak Grove Estates, Phase II and III of Blocks 7, 8; 12 and 13, on McPherson Road east of Highway 135 in far southeast Fort Worth. DISCUSSION: The developer of a portion of South Oak Grove Estates, Phase II and III of Blocks 7, 8, 12 and 13, has executed a proposed contract for community facilities to serve a town home development located in far southeast Fort Worth on McPherson Road, east of Highway 135. The total cost for water and sewer improvements for this development is $377,282. There will be City participation in water and sewer pipe. The estimated costs for water and sewer improvements are subject to construction inspection fees. Proiect Cost Water Sewer Easements Inspection Developer $ 77,344 $204,538 -0- $ 5,638 TOTAL $287,520 C� $67,202 $20,800 -0- $ 1,760 $89,762 Total $144, 546 $225,338 -0- $ 7.398 $377,282 This development is located in COUNCIL DISTRICT 8. City of FoNt Wo�th, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/14/03 C-19428 60GROVE 2 of 2 SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEM NT WITH MOORELAND DEVELOPMENT COMPANY, INC. FOR CONSTRUCTION OF WATER AND SEWER SERVICES TO SERVE A PORTION OF SOUTH OAK GROVE ESTATES, PHASE II AND III OF BLOCKS 7, 8, 12 AND 13, A DEVELOPMENT ON MCPHERSON ROAD EAST OF HIGHWAY 135 IN FAR SOUTHEAST FORT WORTH FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water and Sewer Capital Projects Funds. . MO:k Submitted for City Manager's Oftice by: Ntar� otc Originating Department Head: Dale Fisseler Additional Information Contact: I FUND I ACCOUNT I CENTER I AMOUNT � (to) I � 8476 8207 � (from) IP162 539140 060162151260 $67,202.00 P172 539140 070172131250 $20,800.00 CITY SECRETARY � � APPROVED O1/14/03 Dale Fisseler 8207