HomeMy WebLinkAboutContract 33953 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
6565
WHEREAS, Summercreek South Development, L.T.D. by 3720 Briarhaven,
L.L.C., its general partner, hereinafter called "Developer", desires to make certain
improvements to Summer Creek South, Phase III, 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, Wise, 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 H. Fleet, its duly
authorized Manager 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:
1. General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated
March 2001, subsequently amended and 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 II, paragraph 7 of the Policy.
Summer Creek South,Phase III
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E. The contracts for the construction of the public infrastructure shall be
administered in confonnance with paragraph 8, Section II, of the Policy.
F. The Developer further covenants and agrees to, and by these presents does
hereby, frilly 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.
a
H. In the event that City participation exceeds $25,000, Developer agrees that
no street construction or storm drainage will begin prior to City Council
approval of this Community Facilities Agreement. (Article 104.100,
Ordinance 7234).
I. 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).
J. 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.
K. 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.
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Summer Creek South,Phase III
2
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L. 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-I)attached; Paving (B) Storn7 Drain (B-
1),; Street Lights and Signs (C).
M. City shall not be responsible for any costs that may be incurred by
Developer in the relocation of any utilities that are or may be in conflict
with any of the community facilities to be installed hereunder.
II. 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 $342,968.
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.
i 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 Development $ 229,672 $ -0- $ 229,672
Approach $ 79,594 $ 33,702 $ 113,296
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0- -
Engineering $ -0- $ -0- $ -0- -
Sub-Total Water $ 309,266 $ 33,702 $ 342,968
.To be dedicated by the developer
The costs stated herein may be based upon constriction 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;
Summer Creek South,Phase III -
Page 3 of b
WATER COST SHARE (Developer pays for 12" water pipe and gate valve. The
City pays for 16712" and 20"/12" water pipe and gate valve.)
16"/12" water pipe ($40-$26)
681 L.F. x $14 = $ 9,534
20"/12" water pipe ($40-$26)
980 L.F. x $14 = $ 13,440
16"/12" gate valve ($6,587-$1,223)
1 EA. x $5,364 = $ 5,364
20'712" gate valve ($6,587-$1 ,223)
1 EA. x $5,364 = 5,364
$ 33,702
i
WATER
Unit Price from
Pay Item Unit Description Developer's
Projects
1 LF 6"Water Pie $ 15.00
2 LF 8"Water Pie $ 17.00
3 LF 10" Water Pie $ 24.00
4 LF 12"Water Pipe $ 26.00
5 LF 16"Water Pie $ 40.00
6 EA 8" Gate Valve w/Cast Iron box & Lid $ 676.00
7 EA 10"Gate Valve w/Cast Iron box & Lid $ 1,182.00
8 EA 12" Gate Valve w/Cast Iron box& Lid $ 1,223.00
9 EA 16" Gate Valve w/Cast Iron box & Lid $ 6,587.00
10 TN Cast Iron/Ductile Iron Fittings $ 2,969.00
11 EA Install 1"Air& Vacuum Release Valve $ 3,534.00
w/Vault
12 EA Install 4" blow-Off w/4" Gate Valve & $ 3,624.00
Sump Manhole
ICU 211M
Summer Creek South,Phase III
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Pace 4 of 6
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $283,267. The City agrees to record the
location of each said service line in respect to the conger 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 $ 283,267 $ -0- $ 283,267
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Sewer $ 283,267 $ -0- $ 283,267
*To be dedicated by the developer.
3
The costs stated herein may be based upon construction estimates rather
than actual cost.
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 309,266 $ 33,702 $ 342,968
Sub-Total Sewer $ 283,267 $ -0- $ 283,267
Total Water and Sewer $ 592,533 $ 33,702 $ 626,235
Construction
Construction Inspection $ 11,851 $ 674 $ 12,525
Grand Total I $ 604,3841 $ 34,3761 $ 6385760
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Summer Creek South,Phase III I t
Pale 5 of 6
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instnument 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 s id Developer
s e ecut d this instrument in quadruplicate, at Fort Worth, Texas this the day of
006.
Approval Recommended:
Water Department
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A. FrankCrumb / Cortra t Aut rization
Acting Director 37
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ATTEST:
City Of Fort Worth
City Secretary Assistant City Manager
Marty Hendrix Marc A. Ott
Ap4sta�Keityxttorne
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Ass
DEVELOPER
Summercreek South
ATTEST: Development, L.T.D. by
3720 Briarhaven, L.L.C., its
general partner
Corporate Secretary By:
Tim Fleet, Manager
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"SUMMER CREEK SOUTH, PHASE 3"
D.O.E. NO. 4827
WELCH ENOINEERR40, INC.
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6" AND 8' WATER LINES, FIRE
HYDRANTS, GATE VALVES AND
ASSOCIATED APPURTENANCES
EXHIBIT 91A99 SCALE: 1"=300'
WATER IMPROVEMENTS
"SUMMER CREEK SOUTH, PHASE 3"
D.O.E. NO. 4827
-WELCH 1E.N011NEERR`40, INC.
CONSULTING ENGINEERS
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CITY PARTICIPATION W/DEVELOPER
16" AND 20" WATER LINES,
FIRE HYDRANTS, GATE VALVES
AND ASSOCIATED APPURTENANCES
16" WATER: 592 LF
20" WATER: 960 LF
- EXHIBIT 19A99 SCALE: 1"=300'
WATER IMPROVEMENTS
"SUMMER CREEK SOUTH, PHASE 3"
D.O.E. NO. 4827
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/29/2006
DATE: Tuesday, August 29, 2006
LOG NAME: 60SUMMER CREEK REFERENCE NO.: C-21651
SUBJECT:
Authorize Execution of Community Facilities Agreement with Summercreek South Development,
L.T.D. by 3720 Briarhaven, L.L.C., its General Partner, for Construction of Water and Sanitary
Sewer Services to Serve Summer Creek South, Phase III (CIP 00490)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Summercreek South Development, L.T.D. by 3720 Briarhaven, L.L.C., its general partner,
for the installation of water and sanitary sewer services to serve Summer Creek South, Phase III, a future
single-family home development, located in far south Fort Worth.
DISCUSSION:
Summercreek South Development, L.T.D. by 3720 Briarhaven, L.L.C., its General Partner, the developer
of Summer Creek South, Phase III, has executed a proposed contract for community facilities to serve a
single-family development located in the far south part of Fort Worth, west of Summer Creek Road and
north of Risinger Road (see attached map).
The total cost for water and sewer improvements for this development is $638,760. There will be City
participation in water pipe (16"/12") oversizing to increase pipe capacity in development area. The
Developer and City estimated costs for water and sewer improvements are subject to construction
inspection fees.
ESTIMATED COSTS:
DEVELOPER CITY TOTAL
WATER $309,266.00 $33,702.00 $342,968.00
SEWER $283,267.00 $0.00 $283,267.00
INSPECTION $11,851.00 $674.00 $12,525.00
TOTAL $604,384.00 $34,376.00 $638,760.00
This development is zoned R-1 and located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/9/2006
Page 2 of 2
P264 539140 606140049083 $33,702.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: S. Frank Crumb (8207)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/9/2006