HomeMy WebLinkAboutContract 26008 r �►
SECTION ONE
COMMUNITY FACILITIES AGREEMENT
to install CITY SECRETARY .
WATER AND SEWER SERVICES CONTRACT NO.
for
TCU AND BRITE DIVINITY SCHOOL HOUSING
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 Installation 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.
B. The City agrees to allow the Developer to install, 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 514,769. 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.
C. The construction cost of the water facilities herein concerned, exclusive of service
lines and engineering, is estimated to be ONE HUNDRED THIRTY-EIGHT
THOUSAND, ONE HUNDRED EIGHTY-SIX DollarsS13( 8,186).
D. 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
S 2,940. 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 TWO HUNDRED
TWENTY THOUSAND, NINE HUNDRED EIGHTY Dollars (S 220,980).
F. 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 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
N MIC20 0
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PROJECT NAME: TCU AND BRITE DIVINITY SCHOOL HOUSING
City or the commencing of any work by the City or its contractors, the Developer
agrees to pay to the City:
(1) (a) One Hundred percent (100%) of the Developer's cost of all water and
sanitary sewer facilities within the development, exclusive of engineering
and service costs, sized to provide water and sanitary sewer service
within the development.
(b) One hundred percent (100%) of the Developer's cost of all approach water
and sanitary sewer facilities outside the limits of the development sized to
provide water and sanitary sewer service to the development.
(c) One hundred percent (100%) of the Developer's cost of any approach
water main facility or water facility within the development that is fl-
inches in size for non-industrial development and 12-inches in size for
industrial development.
(d) One hundred percent (100%) of the Developer's cost of any approach
sanitary sewer main facility or sanitary sewer facility within the
development that is 8-inches in size.
(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,
is required for design engineering if such engineering is performed by the
City at the Developer's request.
(3) One hundred percent (100%) of the Developer's cost of all service lines,
estimated under B and D above, in accordance with the provisions of the
current Fort Worth City Code.
(4) 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.
G. The distribution of estimated construction cost between the City and the
Developer, as per paragraph F above, for all water and sanitary sewer facilities to
be constructed hereunder is estimated as follows:
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PROJECT NAME: TCU AND BRITE DIVINITY SCHOOL HOUSING
(1) WATER FACILITIES :
Estimated Estimated Total
Developer City Cost** Cost
Cost
(a) Mains, Within
Development $ 30,918 $ 107,268 $ 138,186
Approach $ 0 $ 0 $ 0
(b) Easements* $ 0 $ 0 $ 0
(c) Services (23-1" -City $ 8,063 $ 6,706 $ 14,769
6-2", 9-1 1/2" TCU)
Sub-Totals, Water $ 38,981 $ 113,974 $ 152,955
(2) SANITARY SEWER FACILITIES:
(a) Mains, Within
Development $ 41,789 $ 179,191 $ 220,980
Approach $ -0- $ -0- $ -0-
(b) Easements * $ -0- $ -0- $ -0-
(c) Services $ 990 $ 1,950 $ 2,940
(104"—City,24" & 3-6"—TCU)
Sub-Totals, Sewer $ 42,779 $ 181,141 $ 223,920
(3) TOTAL
CONSTRUCTION COST: $ 81,760 $ 295,115 $ 376,875
(4) CONSTRUCTION
INSPECTION FEE : $ 1,635 $ 5,902 $ 7,537
*to be dedicated by the developer.
**see Sheet I-4 for Cost Breakdown on City Participation.
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PROJECT NAME: TCU AND BRITS DIVINITY SCHOOL HOUSING
** CITY PARTICIPATION BREAK-DOWN FOR:
TCU AND BRITE DIVINITY SCHOOL HOUSING
OVERSIZED WATER MAIN
(City pays up to 12" water line; Developer pays the difference
between 12"/8" water line, gate valves
and fittings and some 8" water line, gate valves and
fittings)
Al 12" Water Line($33-$24)
1382 L.F. x $24 = $33,168.00
A2 8" Water Line($24)
792 L.F. x $24 = $19,008.00
A6 1" Copper Service Line from Main to 5' behind Meter
500 L.F. x $13.08 $6,540.00
A7 Connect to Existing 6" and 8" Water Line
4 Each x $744.65 = $2,978.60
A8 Connect to Existing 12" Water Line
1 Each x $955.32 = $955.32
A9 12" Gate Valve with Box, Lid, and Blocking
4 Each x &706.72 = $2,826.88
A10 8" Gate Valve with Box, Lid, and Blocking
3 Each x $706.72 = $2,120.16
A 11 Fire Hydrant Assembly
2 Each x $1717.50 = $3,435.16
Al Salvage Existing Fire Hydrant
I Each x $400= $400.00
A 15 1" Service Tap to Main
23 Each x $291.56 = $6,705.88
Alb Water Service Meter and Meter Box Relocation
3 Each x $152.41= $457.23
A19 Multiple Service Branches
14 Each x $221.13= $3,095.82
A20 Plug and Abandon 6" Water Line
1 Each x $1422.00= $1,422.00
A21 2" Temp.Water Svc for 2800 Blk of Sandage Ave
1 LS x $12,650= $12,650.00
A22 Trench Safety for 12" Water Line
320 L.F. x $2.53= $809.60
A23 Misc. Placement of Ballast Stone
5 CY x $39.26 = $196.10
A24 Misc. Placement of Crushed Limestone
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PROJECT NAME: TCU AND BRITE DIVINITY SCHOOL ROUSING
5 CY x $17.71 = $88.55
A25 Misc. Placement of Class "E" Concrete (1500 psi)
5 CY x $72.11= $360.55
A26 Misc. Placement of Class "B" Concrete (2500 psi)
5 CY x $73.37= $366.85
DI Asphalt Pavement Repair
676 L.F. x $18.30 $12,370.80
D4 New 6" Thick Concrete Valley Gutter
126 SY x $31.89= $4,018.14
WATER SUBTOTAL $113,973.64
SANITARY SEWER
M-73 Replacement McCart Sta 56+68 to Station 62+24.41
BI 18" Sanitary Sewer Line
536 L.F. x $68= $36,448.00
B2 18" Class 51 DIP Sanitary Sewer Line
20 L.F. x $88= $1,760.00
B6 4' Dia. Sanitary Sewer Manhole (6' Depth)
4 Each x $1550= $6,200.00
B7 Extra Depth for 4' Dia. Sanitary Sewer Manholes
22 L.F. x $142= $3,124.00
B8 Manhole Collar for Manholes
4 Each x $125= $500.00
B9 Watertight Manhole Insert
4 Each x $125= $500.00
B 13 Plug 15" Sewer Lines
3 Each x $380= $1,140.00
B 15 Remove 4' Dia. Sanitary Sewer Manhole
1 Each x $463= $463.00
B 17 Concrete Encased Sanitary Sewer Pipe
20 L.F. x $58 $1,160.00
B 18 Sanitary Sewer Manhole Vacuum Tests
4 Each x $152= $608.00
B 19 Pre-Construction TV Inspection of Sanitary Sewer
885 L.F. x $3= $2,655.00
B20 Post Construction TV Inspection of Sanitary Sewer
556 L.F. x $1.30= $722.80
B25 Trench Safety of Sanitary Sewer
556 L.F. x $1.90= $1,056.40
DI Asphalt Pavement Repair
368 L.F. x $18.30= $6,734.40
D2 Remove Curb and Gutter
50 L.F. x $5= $250.00
D3 7" Curb and 18" Gutter FRIC L �CON"M
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PROJECT NAME: TCU AND BRITE DIVINITY SCHOOL HOUSING
50 L.F. x $8.78= $439.00
DI I Sidewalk Repair
15 SY x $27.18= $407.70
D 12 Replace Side Walk Ramp
12 SY x $27.18= $326.16
D17 Block Sodding
175 SF x 0.39= $68.25
SUBTOTAL $64,562.71
SANITARY SEWER
M-73 Replacement in Bowie Station 66+17 to 66+89
B 1 18" Sanitary Sewer Line
72 L.F. x $68= $4,896.00
B6 4' Dia. Sanitary Sewer Manhole (6' Depth)
1 Each x $1550= $1,550.00
B7 Extra Depth for 4' Dia. Sanitary Sewer Manholes
8 V.F. x $142= $1,136.00
B8 Manhole Collar for Manholes
1 Each x $125= $125.00
B9 Watertight Manhole Insert
1 Each x $125= $125.00
B18 Sanitary Sewer Manhole Vacuum Tests
1 Each x $152= $152.00
B20 Post Construction TV Inspection of Sanitary Sewer
72 L.F. x $1.30= $93.60
B25 Trench Safety of Sanitary Sewer
72 L.F. x $1.90= $136.80
D 11 Sidewalk Repair
2 SY x $27.18= $54.36
SUBTOTAL $8,268.76
SANITARY SEWER
L-2397 Sta 0+00 to
Sta 4+ 03.14
B3 6" Sanitary Sewer Line
403 L.F. x $39.00= $15,717.00
B5 4" Sanitary Sewer Line
40 L.F. x $21.60= $864.00
B6 4' Dia. Sanitary Sewer Manhole (6' Depth)
3 Each x $1550= $4,650.00
B7 Extra Depth for 4' Dia. Sanitary Sewer Manholes
5 L.F. x $14.2= $710.00
B8 Manhole Collar for Manholes vIFRCNQL PICJQD
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PROJECT NAME: TCU AND BRITE DIVINITY SCHOOL HOUSING
3 Each x $125= $375.00
139 Watertight Manhole Insert
3 Each x $125= $375.00
1310 Connect to Existing 6" Sanitary Sewer Line
1 Each x 1138.50= $1,138.50
B12 4" Sanitary Sewer Taps
2 Each x $195= $390.00
B15 Remove 4' Dia. Sanitary Sewer Manhole
2 Each x $463= $926.00
B17 Concrete Encased Sanitary Sewer Pipe
20 L.F. x $58 $1,160.00
B18 Sanitary Sewer Manhole Vacuum Tests
3 Each x $152= $456.00
B20 Post Construction TV Inspection of Sanitary Sewer
403 L.F. x $1.30= $523.90
B25 Trench Safety of Sanitary Sewer
403 L.F. x $1.90= $765.70
D2 Remove Curb and Gutter
30 L.F. x $5= $150.00
D3 7" Curb and 18" Gutter
30 L.F. x $8.78= $263.40
SUBTOTAL $28,464.50
SANITARY SEWER
L-3948
133 6" Sanitary Sewer Line
44 L.F. x $39= $1,716.00
136 4' Dia. Sanitary Sewer Manhole (6' Depth)
1 Each x $1550= $1,550.00
B8 Manhole Collar for Manholes
1 Each x $125= $125.00
139 Watertight Manhole Insert
1 Each x $125= $125.00
B16 Remove 6" Sanitary Sewer Line
50 L.F. x $10.71= $535.50
B17 Concrete Encased Sanitary Sewer Pipe
20 L.F. x $58 $1,160.00
B18 Sanitary Sewer Manhole Vacuum Tests
1 Each x $152= $152.00
B20 Post Construction TV Inspection of Sanitary Sewer
44 L.F. x $1.30= $57.20
B25 Trench Safety of Sanitary Sewer
31 L.F. x $1.90= $58.90
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PROJECT NAME: TCU AND BRITE DIVINITY SCHOOL HOUSING
SUBTOTAL $5,479.60
SANITARY SEWER
L-5146 & L-6472
B14 Plug 6" Sewer Lines
2 Each x $380= $760.00
SUBTOTAL $760.00
SANITARY SEWER
L-_`i 175
B3 6" Sanitary Sewer Line
268 L.F. x $39.00= $10,452.00
135 4" Sanitary Sewer Line
200 L.F. x $21.60= $4,320.00
136 4' Dia. Sanitary Sewer Manhole (6' Depth)
1 Each x $1550= $1,550.00
137 Extra Depth for 4' Dia. Sanitary Sewer Manholes
2.5 L.F. x $142= $355.00
138 Manhole Collar for Manholes
1 Each x $125= $125.00
139 Watertight Manhole Insert
1 Each x $125= $125.00
B 12 4" Sanitary Sewer Taps
8 Each x $195= $1,560.00
B18 Sanitary Sewer Manhole Vacuum Tests
I Each x $152= $152.00
B20 Post Construction TV Inspection of Sanitary Sewer
268 L.F. x $1.30= $348.40
B25 Trench Safety of Sanitary Sewer
268 L.F. x $1.90= $509.20
D2 Remove Curb and Gutter
80 L.F. x $5= $400.00
D3 7" Curb and 18" Gutter
80 L.F. x $8.78= $702.40
SUBTOTAL $20,599.00
Pavement Replacement in Sandage Avenue from
West Cantey to Lowden
D4 New 6" Thick Concrete Valley Gutter
57 SY x $31.89= $1,817.73
D5 8" Pavement Pulverization
1910 SY x $6.31= �' $12,052.10
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PROJECT NAME: TCU AND BRITE DIVINITY SCHOOL HOUSING
D6 Cement for Stabilization/8" Pulverized Subgrade
28.7 TN x $140= $4,018.00
D7 3" HMAC Surface Course (Type "D" Mix)
1910 SY x $8.38= $16,005.80
D13 Replace Driveway Approach
51 SY x $29.46= $1,502.46
SUBTOTAL $35,396.09
General Items
B21 Misc. Placement of Ballast Stone
5 CY x $39= $195.00
B22 Misc. Placement of Crushed Limestone
5 CY x $21= $105.00
B23 Misc. Placement of Class "E" Concrete (1500 psi)
5 CY x $73= $365.00
B24 Misc. Placement of Class "B" Concrete (2500 psi)
5 CY x $74= $370.00
D18 Traffic Control
1 LS x $1875= $1,875.00
SUBTOTAL $2,910.00
SUBTOTAL CONSTRUCTION ITEMS $280,414.30
Surveying
1 LS x $1500= $1,500.00
Engineering
1 LS x $12,000= $12,000.00
Construction Staking
1 LS x $1200= $1,200.00
SUBTOTAL
ENGINEERING & SURVEYING $14,700.00
TOTAL $295,114.30
SEWER REPLACEMENT DONE
SIMULTANEOUS WITH CONTRACT
M-73 Replacement in McCart Sta 56+68 to $64,562.71
62+24.41
M-73 Replacement in Bowie Sta 66+17 to Sta $8,268.76
66+89
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TEX.
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PROJECT NAME: TCU AND BRITE DIVINITY SCHOOL HOUSING
L-2397 Sta 0+00 to Sta. 4+ 03.14 $28,464.50
L-3948 $5,479.60
L-5146 & L-6472 $760.00
L-5175 $20,599.00
Paving Replacement in Sandage from West $35,396.09
Cantey to Lowden
General Items $2,910.00
Engineering & Surveying $14,700.00
Sewer Subtotal $181,140.66
$113,973.64 + $181,140.66 = $295,114.30
TOTAL CITY PARTICIPATION FOR WATER
DEPARTMENT
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 September, 1992. These additional charges are as
follows:
1. Applicable to this Contract 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
I. 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 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.
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PROJECT NAME: TCU AND RRITE DI:'UNITY SCHOOL HOUSING
J. Upon written request by Developer, for a progress payment, provided all
conditions for City participation have been met, the City agrees to pay the
Developer that portion of the "Estimated City Cost" set out in G above which is
attributable to the portion of the facilities completed from time to time, (said
payment to be calculated pro rata as in G above), based on actual quantities
attributable to that portion of the facilities which have been completed per
contract awarded by the Developer.
For projects whose actual total contract cost is $400,000 or greater, partial
payment(s) by the City shall equal the City's participation in that percentage of
work completed for that period multiplied by ninety-five percent (95%). For
projects whose actual contract cost is less than $400,000, partial payment by the
City shall equal the City's participation in that percentage of work completed for
that period multiplied by ninety percent (90%). The remainder of the City's
participation, five percent (5%) for projects of$400,000 or greater and ten percent
(10%) for projects less than $400,000, together with any remaining funds from the
City's participation, if any, will be paid by the City to the Developer after the
project has been accepted by the City. Partial payment of funds by the City shall
be limited to once per month. In the event the Developer has not provided proof
to the City that the Developer has already paid the Contractor and/or
subcontractor for the partial work that has been completed with respect to which
the City is being asked to pay its participation, the City may make such payment
jointly to the Developer and the applicable Contractor and/or subcontractor.
The maximum possible City Participation amount based on the actual quantities
will be the amount in the Estimated City Cost in G above and no more. In the
event the difference in the deposit and the actual costs exceeds $25, Developer
agrees to pay to the City any underpayment that said adjustment might indicate as
being due, and the City agrees to pay to Developer any overpayment.
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% 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 foot 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 at Developer's expense.
IrY1�RA L F)E ,V�,D
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PROJECT NAME: TCU AND BRITE DIVINITY SCHOOL HOUSING
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:
ale A. Fisseler, P. E., Director
Fort Worth Water Department
Date: =1 )
Page 12 f r a
I•-?I:I-�OGQ o; I t q;i F.JiQt I HALFF ASSCC I ATES, INC 8 1 7 2 i?•ftk-8d
P. 2
PROPOSED ! ' WL
SHARE CO} T cQ�' • i
EXISTING 6' i ow
REPLACE V
warER LINE
c ALLEY
�. _.. . . ... :... 1.w ' GUTTER......
.W - LOWDEN'STREETL
PP,O�'OSED 8' V/L , t ^'� f ExISTIrV; 1 'j I I I
° ' I REMOVE, &` I _ SS. H-T3
CtT-Y COST .. . . F.
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2' L • I ,-PROPOSED I
1 EXIST. FIRE , ) 4' S.S. t
PROPOSED�. .- -- 3' ... HYDRANT I,I—.. I -..�'�.. .. . SERVICE I I.... .
S.S. SERVICE
P� 4' DIA. MANHOLE
A .
PROS OSE(j �8' WL
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239�5S 2'
2.
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PROPO.SEQ_ . !' w i FN
I I I 6 FIRE LINEi l I I_ PROPOSE 8' WL
& GATE VALVE f
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,
4a. 'SHARED COST 1.. C - -. ..
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M-73, 15' SS
_2! LIRI�E0UTE
2,
F FI f
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B EST
INSTALL 12'--
GATE VALVE I EXIS, M-T3 15.
5'' I INSTALL 8' GATE VALVE
12_' x 6' P,EDUCEP, & x G' REDUCER &
REPLACE VALLEY 1=EPLACE VALLEY GUTTER
GUTTER
EXHIBIT "A-!"
LEGEND W.tJER AND SEWER
t2' w
PROPOSED WATER LAVE MPROVEMENTS
PROPOSED GATE 290) BLOCK SANDAGE
--a 2' PROPOSED WATER METER VALVE lk MCCART AVE.
—' PROPOSED FIRE HYDRANT PROPOSED
now L' �1ff Associates
PROPOSED SANITARY REDUCER �_.�t�
SEWER MANHOLE M-14TICTS .SC1bjT1t.S .PLAHNOS.wa,�Tons
Ir , E(
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I I-3n-199-9 9: 1 SAt I F,�W I HALFF ASSOC I RTES. I NC 8 17 232 IWSd P. 3
II I I
EKISTINI3 12' ` ! INSTALL 12x 12' TAPPING '
NATER LINE ! SLEEVE AND GATE VALVE
CA TNE Y 5 TREET
I
REPLACE IVALLEY
I _ • GUTTER
s
I
I II
a�' �• PROPOSED 1��WSHARED CI
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NOTE: REPLACE' EXIST.
WATER SERVICE. ON IIV I
--2800- BLOCK •0V,'--SAMO-AGE I. L.._... . ..... . _.._.. I L _.. ...._. .__I ! N i
WITH NEW V COPPER `
SERVICE
f r i
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EXISTIN
II I t. YVATER Lfl l $CALF-: 11 100'-
i
PLUG €
ABANDOrI REPLACE- EXIS f. I ... L---.. ; COVNECT TO: E�:ISTING
6' WL WATERS SE»VIC E 8' DATE VALE: SEE
W/ NE 1 CO PER', II
S�RVICF I I -1 II WdTER PROJECT
INSTALL I MW53-06053d1f4G70
REPLACE VAL EY
8' x 6' :; J � I - , � :� INS TALL 8' TAPPING SLEEVE
REDUCER .. 8' W _.. _ . GU AND GATE- -VRL�/-._.... .__. . .
TTER
a _ -='_-.T• ---•ter-rte+-_T..r-r-+r-.
_ WDE`- -STREET-.
TI\1G 6' r FH
SYS?E� LII!E ' ^Ir EXISTING 15'?
SS, M-73 I ,m
19
"w PROPOSED;
$� TCU COST
N 2 EXHIBIT "A-2"
LEGEND ZI VVA1*ER AND SANITARY
—12' W— PROPOSED WATER LINE SE\A'ER IMPROVEMENTS
T PROPOSED GATE 2800 BL.'DCK SANDAGE AVENUE
--m 2' f ROPOSED WATER METER --T-- VALVE
--¢ FROPOSED FIRE H"DRANT PROPOSED �]
�— FROPOSED SANITARY REDUCER A F alff Associates
SFWER MANHOLE 0%:t DTINc1S .ARCMITgCTS .SCENTMTS .oL:raK4S .S,Al"Voo.
W
PROPOSED 6' L-517PO* "
REPLACEMENT
CITY COST
PROPOSED S.S.
SERVICE REPLACEMENT
CITY COST (10 EA)
EXISTING SS
L-2397 A $v
t
N�
h
PROPOSED 6' L-2397
EXISTING 6' REPLACEMENT
WATER LINE CITY COST EXISTING 84'
f STORM DRAIN
LOWDEN STREET
PROPOSED 6' L-3948
REPLACEMENT /
CITY COST EXISTING 15'
PROPOSED 6' ss.M-73
S.S. SERVICE PROPOSED 4'
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S.S. SERVICE STORM DRAIN
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PROPOSED SANITARY SEWER LINE CTAFFT SANITARY SEWER
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ATTACHMENT A
GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the developer shall employ a
civil engineer, licensed to practice in the State of Texas, for the design and
preparation of plans and specifications for the construction of all current
improvements covered by this contract, subject to Paragraph B.
B. For any project estimated to cost less than $10,000 or for any project designed to
serve a single lot or tract, the developer may at his option request the City to
provide the design engineering, and if such request is granted, the developer shall
pay to the City an amount equal to 10 percent of the final construction cost of such
project for such engineering services.
C. In the event the Developer employs his own engineer to prepare plans and
specifications for any or all current improvements, the plans and specifications so
prepared shall be subject to approval by the department having jurisdiction. One (1)
reproducible set of plans with 15 prints and 35 specifications for each facility shall
be furnished the department having jurisdiction. It is agreed and understood that in
the event of any disagreement on the plans and specifications, the decision of the
Transportation/Public Works Department Director and/or Water Department
Director will be final. The City acknowledges that the plans and specifications as to
the Water and Sewer Services and Street Improvements as to the TCU and Brite
Divinity School Housing Project have been received and approved by the City.
Such approval shall not be deemed to be an assumption by the City of
responsibility and liability by the City for any negligent act, error or omission by
the developer's design consultant or in the conduct or preparation of the
subsurface investigation, surveys, designs, working drawings, and specifications
or other design documents by the design consultant, its offices, agents,
employees, and subconsultants, it being the intent of the parties that approval by
the City signifies the City's approval of only the general design concept of the
improvements to be constructed.
D. It is further agreed and understood by the parties hereto that upon acceptance by
the City, title to all facilities and improvements mentioned hereinabove shall be
vested at all times in the City of Fort Worth, and developer hereby relinquishes any
right, title, or interest in and to said facilities or any part hereof.
E. It is further agreed that the decision of the City to not collect funds for "future
improvements" required in previous CFA agreements does not constitute an
obligation on the part of the City to construct such "future improvements" at its
expense.
F. 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
TCU BRIGHT DIVINITY
GENERAL CONDITIONS
Page 1 of 11
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respect to water and/or sanitary sewer facilities or street, storm drain, street light
and street name sign 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% 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. If the construction under the Community Facilities
Contract shall have started within the two-year period, the life of the Community
Facilities Contract shall be extended for an additional one-year period. Community
Facility Contracts not completed within the time periods stated above will require
renewal of the contract with all updated agreements being in compliance with the
policies in effect at the time of such renewal. Developers must recognize that City
funds may not be available to pay all or a portion of the normal City share for
renewal contracts. It must be understood by all parties to the Community Facilities
Contract that any of the facilities or requirements included in the contract that are to
be performed by the developer, but not performed by the developer within the time
periods stated above, may be completed by the City at the developer's expense.
The City of Fort Worth shall not be obligated to make any refunds due to the
developer on any facilities constructed under this agreement until all provisions of
the agreement are fulfilled.
G. PERFORMANCE AND PAYMENT GUARANTEES
1. For Street, Storm Drain, Street Light and Street Name Sign
Improvements to be Constructed by the Developer or City on Behalf of
the Developer:
Performance and Payment bonds or cash deposits acceptable to the City
are required to be furnished by the developer for the installation of streets,
storm drains, street lights, and street name signs, on a non-assessment
basis, and must be furnished to the City prior to execution of this contract.
The performance and payment bonds shall be in the amount of one hundred
percent (100%) of the developer's estimated share of the cost of the streets,
storm drains, streetlights, and street name signs. If the deposit is in the form
of cash, the deposit shall be in the amount of one hundred twenty five
percent (125%) of the developer's estimated cost of the streets, storm
drains, street lights, street name signs, and change orders (during the
course of the project).
2. For Future Improvement:
Performance and payment bonds or cash deposits, acceptable to the City
are required to be furnished by the developer for one hundred percent
(100%) of the developer's estimated cost resulting from the paving,
drainage, lighting and name signage of border streets on an assessment
TCU BRIGHT DIVINITY
GENERAL CONDITIONS
A
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paving basis. (Reference Section VI, Item 3, Development Procedures
Manual.) Said performance and payment bonds or cash deposits must be
furnished to the City prior to execution of this contract.
Where the City lets the contract, performance and payment bonds shall be
deposited, in the amount of one hundred percent (100°/x) of the estimated
cost of construction as stated in the construction contract, is required prior to
issuance of a work order by the City.
3. For Water and Sanitary Sewer Facilities:
Performance and payment bonds, or cash deposits, acceptable to the City
are required to be furnished by the developer for the installation of water and
sanitary sewer facilities.
a. The developer has deposited with the City the sum of $247,
448.25, such sum representing one hundred twenty-five percent (125°/x) of
the earlier estimated developer's share of the improvements to be
constructed, such deposit having been made on March 6, 2000.
b. Where the City lets the contract, performance and payment
bonds shall be deposited, in the amount of one hundred percent (100%) of
the estimated cost of construction as stated in the construction contract, is
required prior to issuance of a work order by the City.
4. Types of Guarantees:
a. Performance and Payment Bonds: Are required for the construction
of streets, storm drains, street lights, and street name signs, the
following terms and conditions shall apply:
(1) The bonds will be standard performance and payment bonds
provided by a licensed surety company on forms furnished by
that surety company.
(2) The bonds will be subject to the review and approval by the City
Attorney.
(3) The performance bond shall be payable to the City and the
Developer shall guarantee performance of the street, storm
drain, street light, and street name sign construction
contemplated under this contract.
(4) The Payment Bond shall guarantee payment for all labor,
materials and equipment furnished in connection with the street,
storm drain, street light, and street name sign construction
contemplated under this contract.
NO RD
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GENERAL CONDITIONS �Iju 1f l���
Page 3 of 11
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(5) In order for a surety company to be acceptable, the name of the
surety shall be included on the current U.S. Treasury list of
acceptable sureties, and the amount of bond written by any one
acceptable company shall not exceed the amount shown on the
Treasury list for that company.
b. Cash Deposits: A cash deposit shall be acceptable with verification
that an attempt to secure a bond has been denied; such deposit shall
be made in the Treasury of the City of Fort Worth. The City of Fort
Worth will not pay interest on any such cash deposit.
(1) At such time that the contract is bid for projects other than
assessment projects, the cash deposit shall be adjusted to one
hundred twenty five percent (125%) of the actual bid price. No
contract shall be awarded and no work order shall be issued
until such adjustment is made.
(2) When a cash deposit is made, the additional twenty-five percent
(25%) beyond the one hundred percent (100%) of the estimated
developer's share represents additional funds for change orders
during the course of the project. This twenty five percent (25%)
shall be considered the developer's change order fund.
(3) If the developer makes a cash deposit with the City, the
developer may make timely withdrawals from the cash funds in
order to pay the contractor and/or subcontractor based on
amount of construction work completed as approved and
verified by the City Engineer or authorized representative. For
projects whose actual total contract cost is $400,000 or greater,
such release of security shall equal the percentage of work
completed for that period multiplied by ninety-five percent
(95%). This percentage shall be applied to the actual current
total contract cost to determine the amount that may be reduced
upon request of developer. For projects whose actual total
contract cost is less than $400,000, such release of security
shall equal the percentage of work completed for that period
multiplied by ninety percent (90%). This percentage shall then
be applied to the actual current total contract cost to determine
the amount of security that may be reduced upon request of
developer. The remaining security, five percent (5%) for
projects of $400,000 or greater and ten percent (10%) for
projects less than $400,000 together with the remaining funds
from the Developer's Change Order Fund, if any, will be
released to the developer after the project has been accepted
by the City. Partial release of funds shall be limited to once per
TCU BRIGHT DIVINITY M
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GENERAL CONDITIONS , ��Page 4 of 11 /1I�IUDS)4�Wo
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month. There shall be no partial release of funds for projects of
less than $25,000. Proof that the developer has paid the
contractor shall be required for partial releases.
5. Purpose, Term and Renewal of Guarantees:
a. Performance and payment bonds, and cash deposits furnished
hereunder shall be for the purposes of guaranteeing satisfactory
compliance by the developer with all requirements, terms and
conditions of this agreement, including, but not limited to, the
satisfactory completion of the improvements prescribed herein, and
the making of payments to any person, firm, corporation or other entity
with whom the developer has a direct contractual relationship for the
performance of work hereunder.
b. Developer shall keep said performance and payment bonds, and/or
cash deposits in full force and effect until such time as developer has
fully complied with the terms and conditions of this agreement, and
failure to keep same in force and effect shall constitute a default and
breach of this agreement.
H. The City assumes its share of the cost of the improvements covered by this
agreement along with the engineering fee and shall pay such amounts pro rata to
the Contractor based upon the amount of the construction work completed as
approved and verified by the City Engineer or authorized representative, with the
payments and percentages being pursuant to paragraph J of Section 1, Water and
Sewer Services.
I. On all facilities included in this agreement for which the developer awards its own
construction contract, the developer agrees to follow the following procedures:
1. If the City participates in the cost of the facilities, the construction contract
must be advertised, bid and awarded in accordance with State statutes
prescribing the requirements for the letting of contracts for the construction
of public work. This includes advertising in a local newspaper at least twice
in one or more newspapers of general circulation in the county or counties in
which the work is to be performed. The second publication must be on or
before the tenth (10th) day before the first date bids may be submitted. The
bids must be opened by an officer or employee of the City at or in an office
of the City.
2. To employ a construction contractor, who is approved by the Director of the
Department having jurisdiction over the facility to be so constructed, said
contractor to meet City's requirements for being insured, licensed and
bonded to do work in public right of way.
TCU BRIGHT DIVINITY
GENERAL CONDITIONS
Page 5 of 11
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3. To require the contractor to furnish to the City payment, performance and
maintenance bonds in the names of the City and the developer for one
hundred percent (100%) of the contract price of the facility, said bonds to be
furnished before work is commence. Developer further shall require the
contractor to provide public liability insurance in the amounts required by the
City's specifications covering that particular work.
4. To give 48 hours notice to the department having jurisdiction of intent to
commence construction of the facility so that City inspection personnel will
be available; and to require the contractor to allow the construction to be
subject to inspection at any and all times by City inspection forces, and not
to install any paving, sanitary sewer, storm drain, or water pipe unless a
responsible City inspector is present and gives his consent to proceed, and
to make such laboratory tests of materials being used as may be required by
the City.
5. To secure approval by the Director of the Department having jurisdiction of
any and all partial and final payments to the contractor. Said approval shall
be subject to and in accordance with requirements of this agreement, and is
not to constitute approval of the quantities of which payment is based.
6. To delay connections of buildings to service lines of sewer and water mains
constructed under this contract until said sewer and water mains and service
lines have been completed to the satisfaction of the Water Department.
7. It is expressly understood by and between the developer and the City of Fort
Worth, that in the event the developer elects to award one single
construction contract for storm drainage and pavement, said contract shall
be separated in the bidding and City participation, if any, shall be limited to
the lowest possible combination of bids as if each of the above were
awarded as separate contracts.
J. Anything to the contrary herein notwithstanding, for and in consideration of the
promises and the covenants herein made by the City, the developer covenants and
agrees as follows:
1. The developer shall make separate elections with regard to water and/or
sanitary sewer facilities, storm drainage, street improvements and street
lights as to whether the work prescribed herein shall be performed by the
City, or by its contractor, or by the developer, through its contractor. Each
separate election shall be made in writing and delivered to City no later than
six (6) months prior to the expiration of this agreement. In the event any of
such separate elections has not been made and delivered to City by such
date, it shall be conclusively presumed that the developer has elected that
such work be performed by the City in accordance with all of the terms of
this agreement, and in particular Paragraph V-F hereof.
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GENERAL CONDITIONS
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2. Irrespective of any such election and whether the work is to be performed by
the City, or by its contractor or by the developer through its contractor, the
Developer covenants and agrees to deliver to the City a performance and
payment guarantee in accordance with the provisions of Paragraph V-F of
this agreement.
3. In addition to the guarantee required in the preceding paragraph, in the
event developer elects that the work be performed by the City, or by the
City's contractor, or such election is presumed as provided above, the
developer covenants and agrees to pay to the City the developer's share of
the estimated construction costs. The amount of such estimated payment
shall be computed as set out in Sections « 5» hereof, based upon the lowest
responsive bid for such work, as determined by City, or upon a cost
estimated to be performed by City forces prepared by the City, as
appropriate, and shall be subject to adjustment to actual costs upon final
completion of the subject work. Such estimated payment shall be made
promptly upon demand by City, it being understood that such payment will
be made after the receipt of bids for work, but in every case prior to the
award of any construction contract, unless otherwise specifically set out
herein.
4. 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, for a period of ten '10 years after acceptance by
the City of the completed construction project, from and against any and
all claims, suits or causes of action of any nature whatsoever, whether real
or asserted, brought for or on account of any injuries or damages to
persons or property, including death, resulting from, or in any way
connected with, this agreement, or the construction of the improvements
or facilities described herein, whether or not caused, in part, by the
negligence of officers, agents, or employees, of the City; provided
however, that Developer shall have no liability or obligation to indemnify,
hold harmless or defend with respect to any injury or damage to persons
or property resulting from the sole negligence of officers, agents or
employees of the City and provided further that Developer's liability and
obligation hereunder shall be reduced by that percentage of concurrent
negligence, if any, of officers, agents, or employees of the City resulting in
any injury or damage for which the City, its officers, agents, or employees
shall seek to be indemnified, held harmless or defended hereunder. In
addition, the developer covenants to indemnify, hold harmless and defend
the City, its officers, agents and employees from and against all claims,
suits, or causes or action of any nature whatsoever brought fro, or on
account of any injuries or damages to persons or property, including
death, resulting from any failure to properly safeguard the work or on
account of any act, intentional or otherwise, neglect or misconduct of the
TCU BRIGHT DIVINITY li IK+,•zIIIGI�l�1,�� �Ci��l(I��D
GENERAL CONDITIONS
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developer, its contractors, subcontractors, agents or employees, whether
or not caused in part, by the negligence of officers agents, or
employees of the City; provided however, that Developer shall have no
liability or obligation to indemnify, hold harmless or defend with respect to
any injury or damage to persons or property resulting from the sole
negligence of officers, agents or employees of the City and provided
further that Developer's liability and obligation hereunder shall be reduced
by that percentage of concurrent negligence, if any, of officers, agents, or
employees of the City resulting in any injury or damage for which the City,
its officers, agents, or employees shall seek to be indemnified, held
harmless or defended hereunder.
5. Developer covenants and agrees that it discriminates against no individual
involving employment as prohibited by the terms of Ordinance No. 7278 (as
amended by Ordinance No. 7400), an ordinance prohibiting discrimination in
employment practice because of race, creed, color, religion, national origin
(except for illegal aliens), sex or age, unless sex or age is a bonafide
occupational qualification, subcontractor or employment agency, either
furnishing or referring applicants to such developer, nor any agent of
developer is discriminating against any individual involving employment as
prohibited by the terms of such Ordinance No. 7278 (as amended by
Ordinance No. 7400).
K. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
L. The City's Policy for the Installation of Community Facilities, as adopted by the City
Council on September 1992, is hereby incorporated herein by reference, and
Developer covenants and agrees to comply with said Policy as a condition of this
contract and as a condition to the platting of the subject property.
M. The following descriptions of work apply, as appropriate, to the areas included in
the Community Facilities Agreement:
1. STREETS
Streets as shown in Exhibit B will be in accordance with plans and
specifications prepared by the Owner's engineer and approved by the
Director of Engineering; such plans and specifications having already been
approved by the Director of Engineering. Such approval shall not be deemed
to be an assumption by the City of responsibility and liability by the City for
any negligent act, error or omission by the developer's design consultant or in
the conduct or preparation of the subsurface investigation, surveys, designs,
working drawings, and specifications or other design documents by the
design consultant, its offices, agents, employees, and subconsultants, it being
TCU BRIGHT DIVINITY
°�I�VU�U�n� U CCU-) 1D
GENERAL CONDITIONS
Page 8 of 11 Ire��vf�l�f���VMot51GV�S'U
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the intent of the parties that approval by the City signifies the City's approval
of only the general design concept of the improvements to be constructed.
2. STORM DRAINAGE
Storm drain as shown in Exhibit B — 1 will be in accordance with plans and
specifications prepared by the Owner's engineer and approved by the
Director of Engineering; such plans and specifications having already been
approved by the Director of Engineering. Such approval shall not be deemed
to be an assumption by the City of responsibility and liability by the City for
any negligent act, error or omission by the developer's design consultant or in
the conduct or preparation of the subsurface investigation, surveys, designs,
working drawings, and specifications or other design documents by the
design consultant, its offices, agents, employees, and subconsultants, it being
the intent of the parties that approval by the City signifies the City's approval
of only the general design concept of the improvements to be constructed.
4. STREET LIGHTING
a. The Developer shall provide for the installation of streetlights by the City
forces at the approximate locations shown in Exhibit C, immediately
after final acceptance of the street construction, in accordance with
engineering plans and specifications approved by the Transportation and
Public Works Department.
b. Streetlights on residential and / or collector streets can be installed using
overhead or underground conductors with the approval of the streetlight
Engineer.
c. Streetlights on arterial streets shall be installed with underground conduit
and conductors.
d. The Developer shall provide for the installation of a 11/4-inch schedule 40
PVC conduit at the depth not less than 30 inches and at least 18 inch
behind the curb, "clear from all other utilities".
e. The Developer shall provide for the installation of a 11/4-inch schedule 40
PVC conduit between streetlights proposed for installation and the power
source to become operational.
f. A 3 inch schedule 80 PVC conduit is required when crossing streets at
depth not less than 30 inches, unless indicated otherwise on the plans.
Concrete pull boxes shall be provided at the crossing points.
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GENERAL CONDITIONS
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g. Luminaire ballast shall be rated for multitap operation and each luminaire
shall have it's own photocell.
5. TRAFFIC CONTROL DEVICES
a. The Developer agrees to pay for the street name sign installations required
by this development to the extent of $80.00 per inspection. This unit cost
will be revised annually by the Department of Transportation and Public
Works to reflect prevailing costs of materials and labor.
b. This development creates the following number intersections at a total cost
as shown to the Developer.
c. The Developer may either deposit cash funds with the City equal to the
following amount at the time of Community Facilities Agreement approval
or wait until the street name signs are to be installed. If the Developer
elects to wait, the cost of street name signs will be at the rate prevailing
when the Developer deposits funds with the City.
d. The City will install the street name signs upon final approval of the street
construction. The street name signs will remain the property of, and will be
maintained by, the City.
6. OTHER WORKS
In the event that other works is required it will be included as specific
requirements to Community Facilities Agreement.
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 day of
Mato; 2000.
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GENERAL CONDITIONS �� ?���C p^�'f ma PC ly
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Page 10 of 11 U " �uNU`
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APPROVED AS TO FORM AND RECOMMENDED:
7GALITY:
_) ,
ary Steinberger Dale A. Fisseler,, P.E .
� U
Assistant City Attorney Director
Fort Worth Water Department
A TEST: CITY OF FOR O , TEXAS
By:
Gloria Peson Mike Groomer
City Secretary Assistant City Manager
Developer: Texas Christian University d _ �ga6,4
Contract Authorization
By: 6/(0/,�
Mi hael R. Ferrari, Chancellor Date
yv
TCU BRIGHT DIVINITY
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GENERAL CONDITIONS T!✓h`3:iti�SQ � o
Page 11 of 11 '"`
City of Fort Worth, Texas
"Avoir andC ouncil Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/6/00 C-18063 60TCUSANDAGE 1 of 1
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH TEXAS CHRISTIAN UNIVERSITY FOR
THE INSTALLATION OF COMMUNITY FACILITIES FOR EXTENSION OF WATER AND
SEWER SERVICES TO THE 2900 BLOCK OF SANDAGE AVENUE AT MCCART
AVENUE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Texas Christian University (TCU) for the installation of community facilities for water and
sewer improvements to the 2900 Block of Sandage Avenue at McCart Avenue.
DISCUSSION:
Texas Christian University has proposed a housing development at the 2900 Block of Sandage Avenue
at McCart Avenue. The age and condition of the utilities indicate the timing of rehabilitation work should
be arranged in conjunction with this new construction, including street construction, so the subject area is
thoroughly renovated for many future years. To accomplish this rehabilitation, the Water Department will
participate in the cost of water, sewer and street replacements with TCU. This will make better use of
monies, equipment and labor to complete all of the work in a timely fashion.
The proposed Community Facilities Agreement is in compliance with standard City Policy.
The developer estimated cost for water and sewer improvements is $81,760 plus $1,635 for construction
inspection fees. City estimated cost participation is $295,115 plus $5,902 for construction inspection
fees.
This development is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water and Sewer Funds.
MG:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 CITY
/!�� MVLJ��A„
Originating Department Head: Ct
Dale Fisseler 8207 (from) JUN 6 2000
PS46 539140 070460135310 $181,141.00
Additional Information Contact: PW77 539140 060770155620 $113,974.00A.-
City
Secretary or tlle
City of Fnrt W�'t11 Tyr,,
Dale Fisseler 8207