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HomeMy WebLinkAboutContract 29229 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.� WHEREAS, Classic C Homes, Inc., hereinafter called "Developer", desires to make certain improvements to Emerald Park Estates, Section 1, Blocks 1-10 & 14, 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 said Developer, acting herein by and through Harold Dixon, 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 11, 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. E. The contracts for the constriction of the public infrastructure shall be administered in conformance with paragraph 8, Section 11, of the Policy. Emerald Park Estates Section 1 v �( •� Itn 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 nglicence 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)___X_; Sewer (A-1) X_; Paving (B) Storm Drain (B-I),; Street Lights and Signs (C). Emerald Park Estates Section 1 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 $417,599. 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 Developer Estimated Total Cost City Cost Cost Mains within $ 248,628 S -0- S 248,628 Development Approach $ 19,753 S 52,231 $ 71,984 Change Order Sendera $ 10,887 $ -0- $ 10,887 Easements* $ -0- S -0- $ -0- Service/Fire Line $ 86,100 $ -0- S 86,100 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 365,368 S 52,231 $ 417,599 * 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; Note: The Developer has paid $10,887 ahead of schedule for offsite water portion participation in the Sendera Ranch approach water to expedite the construction of that water line which Emerald Park needed for supply. Emerald Park Estates Section 1 Revised Form per Legal 2/21/03 B. City participation for water and sewer improvements is calculated as follows: OFFSITE WATER COST SHARE (Developer pays for 8" water pipe and gate valve. The City pays for 16"/8" water pipe and valve. 16"/8" water pipe ($40-$17) 1,416 L.F. x $23 = $ 32,568 16"/8" water valve ($6,587-$676) 3 EA. x $5,911 = $ 17,733 16"/8" DI Fittings ($2969/Ton) .65. x $2,969 = 1,930 $ 52,231 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT 2. = $ 52,231 C. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $422.,858. 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 the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Sanitary Sewer $ 380,189 $ -0- $ 380,189 Mains/Lines Approach $ -0- $ -0- $ -0- Easements * $ -0- $ -0- $ -0- Service $ 42,669 $ -0- $ 42,669 Engineering $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 422,858 $ -0- $ 422,858 TOTAL Water and Sewer $ 788,226 $ 52,231 $ 840,457 Construction Costs CONSTRUCTION $ 15,765 $ 1,045 $ 16,809 INSPECTION FEE: Emerald Park Estates Section 1 Revised Form per Legal 2/21/03 *To be dedicated by the developer. Emerald Park Estates Section I Revised Form per Legal 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 triplicate, at Fort Worth, Texas this the day of6�9 , 2003. Approval Recommended: Water Department Maebell Brown, P. E. Acting Director ATTEST: City Of Fort Worth LV — B / loxia 01 C-6 Perar� Marc Ot City Secr Assistant City Manager Approved as to Form: G`� i Contrast Authorization Assistant City Attorney '� ' 3 b 1-02 Date ATTEST: DEVELOPER Classic C H es B ' Y: ix orate Secretary Harold D , President Emerald Park Estates section 1 U, L;'.0XIIIN, EXI Revised Form per Legal 2/21/03 NOTE: ALL WATER LINES ARE 8" UNLESS OTHERWISE NOTED RISING MIST COURT Ljc EMERALD PARK FUTURE SECTIONS 1"=300' •lQ� O m a' Q) 0 Z 0 < rir CD w m 0 'w © MISTYMOOR LANE < O AGORA COURT 9 ' EMERALD PARK BA TON LANE FUTURE SECTIONS BRAEMOOR DRIVE ° O*a![- O mo CL W. BONDS RANCH ROAD JL EAST 36• IL — PROP 357 WL EAST 3e• WL I Ff;FTit1 PROPOSED WATER LINE EXISTING WATER LINE f PROPOSED FIRE HYDRANT V_tit`a DATE: 11'07'02 EMERALD PARK SHEET SCALE: ,•=300• SECTIO( 1 200 east abram DRAWN BY: J. BARTKO w » arling ton, texas 78010 � of � EXHIBIT "A" A ,ax817-460-1671 1e,i 2 7 4 8877 5 7 CHECKED BY: T. BELCHER WATER TE I� a-mall,vma®vma-inc.coIn RISING NIST COURT PROP a, cp EMERALD PARK ® e FUTURE SECTIONS �Cry T 1"=300' 0 s H MCGI I y am O a z � Ob1 7 (n z < `^ D � m � � a w } © MISTYMOOR LANE / a AGORA 'OUR I !� PROP a'SS Q RAVER LANE o PROP EMERALD PARK o FUTURE SECTIONS 0 o BRAEMOOR DRIVE PROP 8' N _ N N VI _ r N v R a d PROP 1 SS W. BONDS RANCH ROAD EIOSTING EInSTIMG MANHOLE 15'SS c I FGENQ _ PROPOSED SEWER LINE ; O PROPOSED SEWER MANHOLE vi a DATE: 11J07/02Y����� EMERALD PARK :1► o - SHEET SECTION 1"=300' SECTION 1 200 east abram DRAWN BY: J. BARTKOw w arlinpton, texas 76010 l EXHIBIT A-1 817-468-1871 OF 1 SEWER fax- 817-274-8757 CHECKED BY: T. BELCHER 9-ma11-vma@vma-inc.com VVv vVy NARNIING!! H+' rr UND ERGROUND W. 6 TELEPHONE W--1 STA. 0+55.04 MO LUG ri pq BEGIN 36" WATERLINE a 0INSTALL& 1-450 BEND N 57554. 82 R y E 38847. 26 BORE PIT I ".; WARNING!! z BURIED 3 ELECTRICAL ul t til' LL _ ..:7 3+00_ ,,. ." -tbm LEFf d P.IiHI w " :- TURN 51014 MaFi:NG S,GN�� '91�1t BORE P17 a NSTW-1 STA. 1+52. 38 ELT' b m INSTALLS ; D j N 57624E115 vtnce''Snc /�fEocspDL p pt E 38777. 93 FF S � CD City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/30/2003 DATE: Tuesday, September 30, 2003 REFERENCE NO.: C-19786 LOG NAME: 60EMERALD SUBJECT: Approval of Community Facilities Agreement with Classic C Homes, Inc. for Construction of Water and Sewer Services to Serve Emerald Park Estates, Phase 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Classic C Homes, Inc. for installation of water and sewer services to serve Emerald Park Estates, Phase 1. DISCUSSION: Classic C Homes, Inc., the developer of Emerald Park Estates, Phase 1, has executed a proposed contract for community facilities to serve a large single-family development located in far north Fort Worth, north of Bond's Ranch Road, and east of Wagley-Robertson Road (see attached map). The total cost for water and sewer improvements for this development is $846,449. There will be City participation in water pipe oversizing to increase pipe capacity in Emerald Park Estates development. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: Project Cost Developer City Total Approach Water $30,640.00 $52,231.00 $82,871.00 Water $334,728.00 $0.00 $334,728.00 Sewer $422,858.00 $0.00 $422,858.00 Easements $0.00 $0.00 $0.00 Inspection $15,765.00 $1,045.00 $16,810.00 TOTAL $803,991.00 $53,276.00 $857,267.00 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 Water Capital Projects Fund. T 40CX4 n AT n - -- TO Fund/Account/Centers FROM Fund/Account/Centers P162 539140 060162151470 $52,231.00 Submitted for City Manager's Office by- Marc Ott (8476) Originating Department Head: Maebell Brown (Acting) (8207) Additional Information Contact: Maebell Brown (Acting) (8207) T nanamP• AAP k PI?A T Tl