HomeMy WebLinkAboutContract 38562 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARR.ANT § Contract No.?aS(p 9%
WHEREAS, THMC Partners, L.P., hereinafter called "Developer", desires to
make certain improvements to MONTSERRAT LOTS C-1, C-2 & C-3, BLOCK 6,
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 Donald L. Siratt, II, its duly
authorized Vice President and the City, acting herein by and through Fernando Costa, 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, 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 H, of the Policy.
D. The Developer shall award all contracts for the construction of community
facilities in accordance with Section 11,paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II,of the I
ICIAL RECORD
Montserrat Lots C-1,C-2&C-3,Block 6 C�TY SEC+RG 1ARY
Page 1 of 5 i FT.WORTH,TX
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 iniuries, death or damages are caused,
in whole or in park by the allied 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. 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.
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
Montserrat Lots C-1,C-2&C-3,Block 6
Page 2 of 5
Water (A)attached; Sewer (A-1) ; Paving (B) ; Storm 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 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 $82,960.
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 City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 45,608 $ 37,352 $ 82,960
Approach $ - $ - $ -
Easements* $ - $ - $ -
Services $ - $ - $ -
En eerie $ - $ - $ -
Sub-Total Water $ 45,608 $ 37,352 $ 82,960
*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 (The City pays for 1678" water main, 1678" gate valves
and 50% trench safety.)
1678"Water Main ($70 - $39)
1,008 L.F. x$31 = $ 31,248
16"/8" Gate Valve ($6,500- $900)
1 EA. X$5,600 = $ 5,600
50% Trench Safety($1)
1,008 L.F. X 50%X$1 = 604
$ 37,352
Montsertat Lots C-1,C-2&C-3,Block 6
Page 3 of 5
TOTAL WATER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 45,608 $ 37,352 $ 82,960
Contin enc $ - $ 9,338 $ 9 338
Total Water Construction $ 45,608 $ 46,690 $ 92,298
Construction Materials Testing $ 912 $ 934 $ 1,846
Construction Inspection $ 912 $ 934 $ 1,846,
Grand Total 1 $ 47,432 $ 48,558 $ 95,990
Montserrat Lots C-1,C-2&C-3,Block 6
Page 4 of 5
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 'ins
grutnent in quadruplicate, at Fort Worth, Texas this the day of
1 ,ao
Approval Recommended:
Water Department
S.Frank Crumb Contract Authori aatioa.
Director =--4I 1 9y
Date
ATTEST:
City Of Fort Worth
City Secretary Assistant City Manager
Marty Hendrix Fernando Costa
Approv as to Fo `�—_
i DEVELOPER
sis t ity Attorney THMC Partners,L.P.
l�
By: THMC Management,
LLC
ATTEST:
.�--
Corporate Secretary Q �
� Lrmt name and title
OFFICIAL RECORD
CITY SECRETARY
Montserrat Lots C-1,C-2&C-3,Block 6
Page 5 of 5 FT.WORTH,H,TX
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EXHIBIT `A` 10.00 ACRES
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT�TII
COUNCIL ACTION: Approved on 4/28/2009
DATE: 4/28/2009 REFERENCE NO.:**C-23474 LOG NAME: 60MONTSERRAT BLOCK
6
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize a Community Facilities Agreement with City Participation in the Amount of
$48,558.00 with THMC Partners, L.P., for Construction of Water Services to Montserrat
Lots C-1, C-2 and C-3, Block 6
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community
Facilities Agreement with City participation in the amount of$48,558.00 with THMC Partners, L.P., for
the installation of water services to serve Montserrat Lots C-1, C-2 and C-3, Block 6, located in
Tarrant County and west of Fort Worth, Texas.
DISCUSSION:
THMC Partners, L.P., the developer of Montserrat Lots C-1, C-2 and C-3, Block 6, has executed a
proposed contract for a Community Facilities Agreement in order to serve a development located in
Tarrant County, north of Team Ranch Road and west of Southwest Loop 820, of Fort Worth, Texas
(see attached map).
The total cost for water improvements for this development is $95,990.00. There will be City
participation to upsize an eight inch water main to a 16 inch water main in the development area. The
Developer and City estimated costs for water improvements are subject to construction inspection fees.
Estimated Cost:
PROJECT COSTS DEVELOPER CITY TOTAL
Water $45,608.00 $37,352.00 $82,960.00
Contingency $0.00 19,338.00 $9,338.00
Subtotal $45,608.00 $46,690.00 $92,298.00
Inspection $912.00 $934.00 $1,846.00
Materials Testing $912.00 $934.00 $1,846.00
TOTAL $47,432.00 $48,558.00 $95,990.00
This development is adjacent to COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services 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
P265 539140 600140109783 $46,690.00
P265 531350 600140109785 $934.00
P265 531200 600140109784 $934.00,
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=113 1 O&councildate=4/28/2009 04/30/2009
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Stephanie Francis (7585)
ATTACHMENTS
Montserratl61nchWater Map.pdf
http://apps.cfwnet.org/council packet/me review.asp?ID=11310&councildate=4/28/2009 04/30/2009