HomeMy WebLinkAboutContract 16672CITY SECRETARY
CONTRACT No.
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 16383
STATE OF TEXAS }
}
COUNTY OF TARRANT }
WHEREAS, on May 2, 1988, the City of Fort Worth and White Settlement
West/Teslin Master Joint Venture, made and entered into City secretary
Contract No. 16383, which is a contract providing for the installation of certain
improvements to the Live Oak Creek Waste Water Collection Facilities (Silver
Creek); and
WHEREAS,
subsequent
to the execution of
said City Secretary Contract
No. 16383, White
Settlement
West/Teslin Master
Joint Venture requested a
change in the location of the
lift station for the
subject Collection Facilities,
thereby requiring
changes to
the gravity sewer
system and the force main
system; and
WHEREAS,
the parties
to said City Secretary
Contract No. 16383 desire to
amend said contract to provide for such changes to the proposes system;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That the City of Fort Worth, a home -rule municipal corporation located
in Tarrant County, Texas, acting herein by and through David A. Ivory, its duly
authorized Senior Assistant City Manager, and White Settlement West/Teslin
Master Joint Venture, consisting of White Settlement West Joint Venture and
Teslin Investment Corporation, Inc., do hereby covenant and a
icc as ioiiows; OFFICIAL RECORD
CITY WRETARY
FT. HER TEX, ;
A8 SEr �! 105,
1.
City Secretary Contract No. 16383, on file in the office of the
City Secretary of the City of Fort Worth, is hereby amended by
substituting in lieu of Pages 1-1 through 1-5 thereof, Pages 1-1
(Revised) through 1-5 (Revised), copies of which are attached
hereto, incorporated herein, and made a part of City Secretary
Contract No. 16383 for all purposes.
0
City Secretary Contract No. 16383 is hereby further amended by
substituting in lieu of Appendix "A" thereof, an Appendix "A"
(Revised), a copy of which is attached hereto, incorporated herein,
and made a part of City Secretary Contract No. 16383 for all pur-
poses.
3.
City Secretary Contract No. 16383, is hereby further amended by
substituting in lieu of Exhibit "A" thereof, an Exhibit "A"
(Revised), a copy of which is attached hereto, incorporated herein,
and made a part of City Secretary Contract No. 16383 for all pur-
poses.
ME
All other provisions, covenants, recitals, terms and conditions
of City Secretary Contract No. 16383, which are not expressly
amended herein, shall remain in full force and effect.
-2-
IN WITNESS WHEREOF, the parties hereto have made and executed
/
this agreement this . fk-� day of �'t ("i , A.D., 1988, in Fort
Worth, Tarrant County, Texas.
ATTEST:
7
By:
Ruth Howard
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By: '
William W. Wood
Deputy City Attorney
Date: �" 3 O � $ g
Contract Authorization
Date
-3-
CITY OF FORT WORTH
F y , mW., r ��' M PA'
David A. Ivory
Senior Assistant City
Manager
DEVELOPER:
White Settlement West/Teslin Master
Joint Venture
•Charles F. Stark, Vice President
Redwood Properties, Inc.
Managing Venturer, White Settlement
West Joint Venture
Arthur Tan
Attorney -in -Fact for
Teslin Investment
Corporation,
A Joint Venturer
BY: (- ) ! 11,1'_
Vivencio Mari ano
Attorney -in- act for
Teslin Investment Corporation,
a joint venturer
LIVE OAK CREEK
WATER AND/OR SANITARY SEWER FACILITIES
A. The City agrees to install, by contract or otherwise, or 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 Policies and
Regulations for Installation of Community Facilities, all as current
at the time of installation:
WATER FACILITIES to serve the lots as shown on the attached Exhibit
N/A, and SANITARY SEWER FACILITIES to serve the lots as shown on the
attached Exhibit A , all in accordance with plans and specifications
to be prepared by the Engineering Division of the Water Department, or
by private engineers employed by the Developer and approved by the
Water Department.
B. The City agrees to install, at Developer's 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 N/A• The estimated cost of
these service lines is $ none The City agrees to
record the location of each said service line in respect to the corner
of the lot served, and to repair said records in its possession.
C. The construction cost of the water facilities herein concerned,
exclusive of service lines and engineering is estimated to be
Dollars ($ none ).
D. The City agrees to install, at Developer's 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 The
estimated cost of these service lines is $ none 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.
E. The construction cost of the sanitary sewer facilities to be installed
hereunder, exclusive of service lines and engineering, is estimated to
be one million two hundred seven tl llars ($1,271,200.-----
one thousand two hundred
F. Prior to the award of the construction contract by the City, or the
commencing of any work by the City or its contractors, if the
Developer does not award his own contract, the -Developer agrees to pay
to the City:
(1) (a) One hundred percent (100%) of the cost of all water and
sanitary sewer facilities within the development, exclusive
of engineering and service costs, through the 8-inch size,
including the costs of larger sized facilities adjusted to
8-inch size costs; and
(b) One hundred percent (100%) of the cost of all approach water
main facilities outside the limits of the development
through the 16-inch size, including the costs of larger
sized facilities adjusted to 16-inch size costs, less ten
percent (10%) of the calculated front foot charges for lots
contained in the development served by such approach water
main facilities; and
1-1 (Revised)
LIVE OAK CREEK SEWER
(c) One hundred percent (100%) of the cost of all approach,
sanitary sewer facilities outside the limits of the
development through the 24=inch size, including the costs of
larger sized facilities adjusted to 24-inch size costs, less
ten percent (10%) of the calculated front foot charges for
lots contained in the development serviced by such approach
sanitary sewer facilities.
(2) An additional ten percent (10%) of the total of the Developer's
cost of these water and sanitary sewer facilities, exclusive of
cost of service lines, for design engineering, if such
engineering is performed by the City. This charge will be waived
if private engineers employed by the Developer and approved by
the Water Department perform the design engineering.
(3) One hundred percent (100%) of the cost of all service lines,
estimated under 1-B and 1-D above, in accordance with the
provisions of the current Fort Worth City Code.
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:
(1) Water Facilities:
(a) Mains: Within Development
Approach
(b) Services ( None )
Sub -Totals, Water
(2) Sanitary Sewer Facilities:
Estimated
Developer Estimated Total
Cost City Cost Cost
--0-- --0-- --0--
--0-- --0-- --0--
--0-- --0-- --0--
( a) Mains: Within Development --0-- --0-- --0--
Approach * $780,900 $490,300 $1,271,200
(b) Services ( None ) --0-- --0-- --0--
Sub-Totals, Sewers $780,900 $490,300 $1,271,200
Grand Totals $780,900 $490,300 $1,271,200
1-2(Revised)
COST BREAKDOWN
LIVE OAK CREEK WASTEWATER FACILITIES
(SILVER RIDGE APPROACH SEWER)
(Note)
*Cost Breakdown between City and Developer
Developer's
Cost
Live Oak Creek Intercepter Sewer $453,300
(9,275 L.F. of 10" thru 24")
Live Oak Creek Lift Station $185,000
Silver Creek Rd/Verna Trail Rd [11
14-inch Force $142,600
18 11/21" Gravity Line Connection [21
to White Settlement Sewer Line none
City Total
none $453,300
none $185,000
$140,150 $282,750
$350,150 $350,150
TOTAL $780,900 $490,300 $1,271,200
[11 City to pay 100% of Cost of Force Main from intersection
of Silver Creek Road and Verna Trail to Connection with
Gravity Line to White Settlement Sewer Line.
[21 City to pay 100% of Cost.
1-3 (Revised)
LIVE OACK CREEK SEWER
H. The above charges do not .include any "per connection" charges for con-
nection to existing or proposed sanitary sewer mains constructed or to
be constructed under the provisions of the "APPROACH MAIN OPTION" as
described in Sub -Paragraph (3), IV-7 of. the Policies and Regulations
for "INSTALLATION OF COMMUNITY FACILITIES" adopted January 1, 1972.
These additional charges are as followst
Not applicable to this Contract _ XXXXX - —
Applicable to this Contract in the amount of
by Ordinance No. dated
When water facilities are installed by contract, installation of water
services will be included as part of the contract. Installation of
meter boxes on those services may be done by the City, after comple-
tion of construction of all relative curb and gutter work on the water
facilities project site, at a cost of $70/$135 per contract -installed
service, such meter box installation 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 to City standards.
I. Within a reasonable time after completion of the above referenced
facilities to be constructed by the City or by contract awarded by the
City or by the Developer, the City and Developer agree to an adjust-
ment of, the Developer's payment as set out in 1-F and 1-G hereinabove,
so as to conform said payment to actual construction costs and actual
service costs under the provisions of the current Fort Worth City
Code, (said adjustment to be calculated as payment in 2-F and/or 1-C
above), but based on actual quantities as reflected in the .final esti-
mate paid to the Contractor by the City or by the Developer, and/or in
the event any portion of the facilities are installed by City forces,
on the actual records of cost, kept by the City as a part of its cus-
tomary procedures. In the event the difference in the deposit and the
actual costs exceeds $25, Developer agrees to pay to the City any
underpayment which said adjustment might indicate as being clue, and
the City agrees to pay to Developer any overpayment.
J. 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 "per connection charges" on sani-
tary sewers and from "front foot charges" on water mains, both of
which refunds may continue to be made for a period of ten (10) years
after the date hereof., as elsewhere provided herein. In the event
water and/or sanitary sewer facilities work is not completed with the
two (2) year period, City may, at its election, complete such work at
Developer's expense.
1-4 (Revised)
LIVE OAK CREEK SEWER
it is further agreed and understood that any add.ttiontal. pityn, t
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.
RE CO ND,D:
Richard W. Sawey, 1) rec- r
Water Department /
Date:
1-5 (Revised)
APPENDIX "A", (Revised)
COST ESTIMATE SUMMARY
PROJECT LIVE OAK CREEK WASTEWATER COLLECTION FACILITIES (SILVER RIDGE)
PERFORMANCE
CONTRACT SECTION DEVELOPER CITY TOTAL GUARANTY
Section I
Water $ -0-
Sewer 780,900
I. Interior Streets
Construction N/A
Design Eng. ^_
Eng.&Admin.
2. Storm Drains
Construction N/A
Design Eng.
Eng.&Admin. _
3. Border Streets'(Assessment Paving)
Construction
Streets N/A
Storm Drains
Design Eng.
Assessment:,Admin.
Eng.&Admin.
Section III
Street.Lignts N/A
$ -0-
490,300
N/A
N/A
N/A
-----Wi
Street Name Sign N/A N/A
TOTAL 780,900 490,300
* Developer shall deposit 100% of approved bid.
$ -0-
1,271,200
N/A
N/A
N/A
N/A
N/A
-�/-A — N/A -
N/A N/A
1,271,200
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e�Jt� of Fort Worth, `-" Jeri
Mayor and Council Communication
DATE REFERENCE SUBJECT: AMENDMENT TO CITY SECRETARY PAGE
NUMBER CONTRACT NO. 16383 - LIVE OAK CREEK lof 2
8/ 16 /88 C- 11134 WASTE WATER COLLECTION FACILITIES
(SILVER RIDGE)
Recommendation
It is recommended that:
1) The following bond fund transfer be approved:
From To Amount Reason
56-014007-00 56-014901-00 $230,000 To return funds to
Live Oak Creek Unspecified appropriate account
Collector in accordance with
amended. Community
Facilities Agree-
ment which reduces
City participation.
2) The City Manager be authorized to execute an amendment to the Community
Facilities Agreement No. 16383 to relocate the Lift Station.
Discussion
On April 5, 1988 (M&C C-10897), the City Council approved the installation of
community facilities for Live Oak Creek Waste Water Collection Facilities
(Silver Ridge). On May 2, 1988, City Secretary Contract No. 16383 was
executed by the City Manager. Under that contract, provisions were made for
the installation of a wastewater collection facility in accordance with the
development policy in effect at that time.
Subsequent to the execution of the subject agreement, the developer, ^White
Settlement West/Teslin Master Joint Venture, requested a change in the
location of the Lift Station. With concurrence of the Water Department,
changes were made to the gravity sewer system and force main system,
resulting in a substantial cost reduction ($232,700) to the City.
The estimated cost for the Lift Station will be amended as follows and
subject to the actual bid price.
Project Cost and Financing Developer City Total
Sanitary Sewers $927,850* $723,000* $1,650,850*
780,900 490,300 ( 1,271,200
DATE REFERENCE SUBJECT: AMENDMENT TO CITY SEC, ARY PAGE
NUMBER
8/16/88 1 C-11134 CONTRACT NO. 16383 - LIVE OAK CREEK 2 , 2
(SILVER RIDGE)
Total $927,850* $723,000* $1,650,850*
780,900 490,300 ( 1,271,200
* Previous estimated cost
( ) Amended estimated cost
After completion of Recommendation No. 1, funds will be returned to Water CIP
Fund 56, Project Number 014901-00, Unspecified.
DAI:m
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: David Ivory ❑ APPROVED
ORIGINATING ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: ,J o e B i l l a r d i CITY SECRETARY
FOR ADDITIONAL INFORMATION J. T uome 81 78
CONTACT: .Y DATE