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HomeMy WebLinkAboutContract 29867 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Deer Meadow Development, Inc., hereinafter called "Developer", desires to make certain improvements to Deer Meadows 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 said Developer, acting herein by and through Tim Fleet, 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 11, paragraph 7 of F+ ;C E. The contracts for the construction of the public i administered in conformance with paragraph 8, Sectio l ,1 iia 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 negaligence 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 II. Water and Sewer Facilities A. Developer shall install the proposed water lim(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $201,558. 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 FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within $ 143,866 $ 9,732 $ 153,598 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service 106-1",3-1"irr $ 47,960 $ -0- $ 47,960 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 191,826 $ 9,732 $ 201,558 * 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; WATER COST SHARE (Developer pays for 8" water pipe and gate valve. The City pays for 12"/8" water pipe and valve. 12"/8" water pipe ($26-$17) 899 L.F. x $9 = $ 8,091 12"/8" water valve ($1 ,223-$676) 3 EA. x $547 = 1,641 $ 9,732 c — CFA Name Revised Form per Legal 2/21/03 B. estimated cost of which is $143,182. 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: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 90,082 $ -0- $ 90,082 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service (106) $ 53,000 $ -0- $ 53,000 Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 143,082 $ -0- $ 143,082 Sub-Total Water $ 191,826 $ 9,732 $ 201,558 Total of Water and Sewer Const. $ 334,908 $ 9,732 $ - 344,640 Construction Inspection $ 6,698 $ 195 $ 6,893 *To be dedicated by the developer. C. The costs stated herein may be based upon construction estimates rather than actual cost. CFA Name Revised Form per Legal 2/21/03 13N 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 3day of /?�a(A 72004. U Approval Recommended: Water Department L %t, Z Iontract Authoriza►tiOR Da A. Fisseler, P. Director ,Date ATTEST: City Of Fort Worth Ie-o)D"I L B Marc Ott sr City Secretary Assistant City Manager Approved as to Form: 1�21� Assistant City Attorney DEVELOPER ATTEST: �tr- �� o�7M �h(.. UU � Corporate Secretary By: �-4 Print name and title L UJ CFA Name Revised Form per Legal 2/21/03 COIN COgp Z McPHERSON 0 0 W � a m o BLUE IRD o \Jo ALSUE GARDEN ACRES PLAZA ----- Y W W WL OAK GROVE U T w }F W J D � TIMOTH Ln STELLA MAE w d 3 Z Z STUCKERT o O a o w ft _ FCROCKE;T m o p F NICOLE WAY rn z w PROJECT NELSON a a o � z � u L OCA TION o U � Y x Deer En >_ Creek ¢�: u:<o O Fv OAK F.M. 1187 0: GROVE OAK GROVE — RENDON 3• F.M. 1187 CROWLEY 0. 0 t+ BURLESON 0: 0 c� FORT :Q WORTH o / SPINKS AIRPORT NOT TO SCALE LOCATION MAP "DEER MEADOW ADDITION, PHASE 1 " WELCH ETgc3 RuqG, I NC. CONSULTING ENG/NEERS I I I I I I I I 1 I I I I I I I I za Em o <g� O U [ o O 3 d / L—L PROP. I PROP. I a o SIERRA BLANCA DRIVE / LdmLLI r I o "� Ix I / N PROP. 8'lY 44 n P 8 W > O � TEXANA DRIVE / SMALLWOQ Y r DRIVE Q 0 I I H � � H l t H �1 � EXHIBIT WATER IMPROVEM vst; SCALE: 1"=300' j "DEER MEADOW ADDITION, WELCH ENCIT4EERINC, I NC. CONSUL TING ENG/VEERS ------------------------------------ I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 0 0 v - I o PROP. 8•SS o SIERRA BLANCA DRIVE PROP. Ir• x WLL 1- � 3-LLI m PROP. a'ss 0 0(1() m 7 0 PRS• $"� TEXANA DRIVE Rte•fe"� SMALLWOOD C5 j I DRIVE o l j EXHIBIT "A- 119 SANITARY SEWER IMPROVEMENTS SCALE: 1"=300' "DEER MEADOW ADDITION, PHASE 1 " WEENGINEEFj2gc I STC. CONSUL TING ENGINEERS I I I t i `__ I I I t I i --� •� ~I __ ra 10 'O 6 o SIERRA BLANCA DRIVE I j o Ld 10 m l I I I > / i � o ! EROWNFORD DRISMALLWOOD DRIVE i oYa `I l f1I r � NOTE: I I 12" WATER LINE PER APPROVED PLANS DATE AUGUST 12, 2003, WELCH ENGINEERING, INC. CONTRACT ITEM NO. DESCRIPTION AMOUNT 1 12" WATER LINE 898.87 LF 4 12" GATE VALVES AND BOXES 3 EACH SCALE: 1"=300' CITY PARTICIPATION OF 12" WATER LINE "DEER MEADOW ADDITION, PHASE 1 " WELCH ENGINEERING, I NC. CONSUL TING ENGINEERS City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/6/2004 DATE: Tuesday, April 06, 2004 LOG NAME: 60DEER REFERENCE NO.: **C-20021 SUBJECT: Approval of Community Facilities Agreement with Deer Meadow Development, Inc. for Construction of Water and Sewer Services to Serve Deer Meadows, Phase 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Deer Meadow Development, Inc. for the installation of water and sewer services to serve Deer Meadows, Phase 1. DISCUSSION: Deer Meadow Development, Inc. has executed a proposed contract for community facilities to serve a single-family development located in southeast Fort Worth, west of Oak Grove Road South, FM1004 and north of Rendon-Crowley Rd. (see attached map). The total cost for water and sewer improvements for this development is $351,533. There will be City participation in water pipe oversizing to increase pipe capacity in Deer Meadow development which will benefit the 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 $ 191,826 $ 9, 732 $ 201,558 SEWER $ 143,082 $ 0 $ 143,082 EASEMENTS $ 0 $ 0 $ 0 SUBTOTAL $334,908 $ 9,732 $ 344,640 INSPECTION $ 6,698 $ 195 $ 6,893 TOTAL $ 341,606 $ 9,927 $ 351,533 This development is located in COUNCIL DISTRICT 8. Logname: 60DEER Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P162 539140 060162151980 $9,732.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) Logname: 60DEER Page 2 of 2