The URL can be used to link to this page

Home My WebLink AboutContract 29625 03-04-04P02 :32 RCVD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRAANT § Contract No. WHEREAS, Mike Sandlin Companies, Inc., hereinafter called "Developer", desires to make certain improvements to Innisbrook Place Phase 1, an 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 and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS.- That RESENTS:That said Developer, acting herein by and through Mike Sandlin, its duly authorized president, and the City, acting herein by and through Marc Ott, 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, 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 lI,paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall.-,&— administered in conformance with paragraph 8, Section II, 1 , CFA Name Revised Form per Legal 2/21/03 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 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. 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). I. 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. J. 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. K. 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; Paving (B) Storm Drain (B- 1) ; Street Lights and Signs (C). CFA Name Revised Form per Legal 2/21/03 H. 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 $183,528. 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 bear in cost of the water improvements as follows: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within $ 123,528 $ - $ 123,528 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services: 150 EA 1" $ 60,000 $ -0- $ 60,000 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 183,528 $ -0- $ 183,528 * To be dedicated by the developer B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $319,648. 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 sewer improvements as follows: CFA Name Revised Form per Legal 2/21/03 SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 271,852 $ 3,046 $ 274,898 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services: 150 EA 4" $ 44,750 $ -0- $ 44,750 Engineering $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 316,602 $ 3,046 $ 319,648 Total of Water and Sewer Const. $ 500,130 $ 3,046 $ 503,176 Construction Inspection $ 10,003 $ 61 $ 10,064 *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. C. City participation for water and sewer improvements is calculated as follows: 15'712" sewer pipe ($28-$26) 3,046 L.F. x $1 = $ 3,046 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT _ $ 3,046 CFA Name Revised Form per UPI 2/21/03 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 �iAday of f1 -1 , 209/'/ Approval Recommended: Water Department Contract Authorization Dale A. Fisse4r, P. E. Water Director Date ATTEST: CityOf Fort orth By: t alr-�City SecreLai y Assistant City Manager Approved as to Form: Assistant City Attorney DEVELOPER MH,,-E SANDLIN COMPANIES,INC. ATTEST: I.- 112Z Corporat cretary By: Mife tandlin, President f CFA Name Revised Form per Legal 2/21/03 Q O Z Q N a UZ 0 0 W U O z U) W < U N Q OLD DECATUR RD Q � U O Cl- --iO O J J w N w C) W m U U w J m Uo C O o ae o m � o Q3Q m Y 0 Z Cn ai emo ldoe w � L � J � u l E w ..I X ,fy Ld LLJ 101, LLJ 04 co IM q LLI 3: LLit LLJ LU Z ZLn p \' Of •o 0, /f ------ ' ish. Cn • s _I j-- p0 ill C !� r—-- _ W wz O z LL, � LdN LLJ TEV LLI 0 � LLJ� 04 F-LLJ Ld 10 La LO TL 10 Ljj CIO fro `- � ' 'IIS '� ; 4��/4 �. \� �� 4 'Y �;�' ;��\ \ \✓ �'w-" �/= �� r -�O II I to-- " I r `, • `1 1•Y cyr� U HC AD orf mur 0 7 C_ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/11/2003 DATE: Tuesday, November 11, 2003 LOG NAME: 60INNISBROOK REFERENCE NO.: C-19852 SUBJECT: Approval of Community Facilities Agreement with Mike Sandlin Companies, Inc., for Construction of Water and Sewer Services to Serve Innisbrook Place, Phase 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Mike Sandlin Companies, Inc., for the construction of water and sewer services to serve Innisbrook Place, Phase 1. DISCUSSION: Mike Sandlin Companies, Inc., has executed a proposed contract for community facilities to serve a single family development located in far north Fort Worth, west of Old Decatur Road and north of W.J. Boaz Road (see attached map). The total cost for water and sewer improvements for this development is $513,240. There will be City participation in sewer pipe oversizing to increase pipe capacity in lnnesbrook development area. The developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOTAL WATER $183,528 $0 $183,528 SEWER $316,602 $3,046 $319,648 EASEMENTS $ 0 $0 $0 INSPECTION $ 10,003 $61 $10,064 TOTAL $510,133 $3,107 $513,240 This development is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Project Fund. r ,,,..,.,.,,o. 4OFNT\TTQQD(-I(lu PaoP 1 nf TO Fund/Account/Centers FROM Fund/Account/Centers P172 539140 070172131790 $3,046.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) T nnnamP I(0TNNT.QRPC)C)C PaoP 7 of 7