HomeMy WebLinkAboutContract 31028 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, MDC — The. Trails, a Limited Partnership by MDC — The Trail
Developments, L.L.C., its General Partner, hereinafter called "Developer", desires to
make certain improvements to Liberty Crossing — Sanitary Sewer Trunk Main, 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, 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 Charles Mady, 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 II, 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 Policy.
Liberty Crossing—Sanitary Sewer Trunk Main
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, bV 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.
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) Sewer (A-1)attached; Paving (B) Storm Drain (B-
1) ; Street Lights and Signs (C).
Liberty Crossing—Sanitary Sewer Trunk Main
Revised Form per Legal 2/21/03
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 $0. 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 water improvements as follows:
WATER FACILTIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within $ -0- $ -0- $ -0-
Development
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Service $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Totals, Water $ -0- $ -0- $ -0-
* To be dedicated by the developer
The costs stated herein may be based upon construction estimates rather than
actual cost.
Liberty Crossing—Sanitary Sewer Trunk Main
Revised Form per Legal 2/21/03
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $306,718. 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 sewer improvements as follows:
SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ -0- $ -0- $ -0-
Approach $ 228,880 $ 77,838 $ 306,718
Easements* $ -0- $ -0- $ -0-
Service $ -0- $ -0- $ -0-
Sub-Total Sewer $ 228,880 $ 77,838 $ 306,718
Sub-Total Water $ -0- $ -0- $ -0-
Total of Water and Sewer
Const. $ 228,880 $ 77,838 $ 306,718
Construction Inspection $ 4,578 $ 1,557 $ 6,135
Grand Total $ 233,458 $ 79,395 $ 312,853
*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. Actual final Inspector Estimate costs by a prequalified contractor
selected through open bid process.
SEWER COST SHARE (Developer pays for 8" and 12" sewer pipe. The City
pays for 21'78" and 21'712" sewer pipe.
21'712" sewer pipe ($41.42-$23.38)
2,605 L.F. x $18 = $ 46,994
21'78" sewer pipe ($41.42-$19.42)
1,402 L.F. x $22 = 30,844
$ 77,838
Liberty Crossing—Sanitary Sewer Trunk Main
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 quadruplicate, at Fort Worth, Texas this the LL`4day of
hEQ�Bt)bQ2004.
Approval Recommended:
Water Department
Contract Authorization.
S. Frank Crun.b 1„`
Acting Dir:;cWr
ATTEST: City O rt Worth
i
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ASK tant City Manager
Marty Hendrix Marc A. Ott
City Secretary
Approved as to 1,orm: DEVELOPER:
MDC —The Trails, a limited
partnership
By: MDC — The Trails
Developments, L.L.C., its
General Partner
Assistant City Attorney By:
Charles Mady, Pr
Liberty Crossing—Sanitary Sewer Trunk Main
Revised Form per Legal 2/21/03
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/2/2004
DATE: Tuesday, November 02, 2004
LOG NAME: 60LIBERTYCROSS REFERENCE NO.: C-20385
SUBJECT:
Approval of Community Facilities Agreement with MDC — The Trails, a Limited Partnership, for
Construction of Sewer Services to Serve Liberty Crossing - Sanitary Sewer Trunk Main
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with MDC — The Trails, a Limited Partnership, for the installation of sewer services to serve
Liberty Crossing - Sanitary Sewer Trunk Main.
DISCUSSION:
MDC — The Trails has executed a proposed contract for community facilities to serve Liberty Crossing —
Sanitary Sewer Trunk Main, located west of Blue Mound Road and south of Hicks Road, in the far
northwest portion of Fort Worth (see attached map).
The total cost for sewer improvements for this development is $312,852. There will be City participation in
sewer pipe oversizing (21"/12" and 21"/8") to increase pipe capacity in the drainage area. The developer
and City estimated costs for water and sewer improvements are subject to construction inspection fees.
PROJECT COST DEVELOPER CITY TOTAL
Water $0.00 $0.00 $0.00
Sewer $228,880.00 $77,838.00 $306,718.00
Easements $0.00 $0.00 $0.00
Inspection $4,578.00 $1,557.00 $6,135.00
Total $233,458.00 $79,395.00 $312,853.00
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
Sewer Capital Project Fund.
T nanamP• 1,01 TRFRTV('R()0,0, Parte 1 -f—)
TO Fund/Account/Centers FROM Fund/AccountiCenters
P174 539140 070174013123 $77.838.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: S. Frank Crumb (Acting) (8207)
Additional Information Contact: S. Frank Crumb (Acting) (8207)
T.nonnmP• 60T.TRF.RTVCR0CC Pana .,f7