HomeMy WebLinkAboutContract 36095 (2) COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.a&Z
WHEREAS, Museum Place Infrastructure, LTD., hereinafter called "Developer",
desires to make certain improvements to Museum Place, 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 ertain work in connection with said improvements.
NOW, THEREFORE,KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through Reece Pettigrew, its duly
authorized CFO 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, 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 H,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.
Mus um Place
Page 1 of 7
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 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:
Museum Place
Page 2 of 7
Water (A)attached; Sewer (A-l)attached; 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 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 $387,839.
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 $ 103,536 $ 284,303 $ 387,839
Approach $ -0- $ -0- $ -0-
Easements (ded. by devr.) $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Water $ 103,5361 $ 284,303 1 $ 387,839
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. Public open bid;
Museum Place
Page 3 of 7
WATER COST SHARE
Developer pays for 1278" water pipe, 12"/8" gate valves, and fittings. The
City pays for 8" water pipe, 8" gate valves, and fittings. The City also pays
for 714 L.F. of 8" water pipe, 8 8" gate valves, and street pavement equal
to '/2 of 1 lane (16' lane in 7th Street and 14.5' lane in 61h Street) including
cost for hydrated lime.
12" water pipe (City pays for 8" of water pipe) ($48)
2,026 L.F. x $48 = $ 97,248
12" DIP water pipe (City pays for 8" of water pipe) ($48)
100 L.F. x $48 = $ 4,800
12" gate valve (City pays for 8" gate valves) ($1,300)
4 Ea x 1,300 = $ 5,200
Fittings ($6,200)
2.79 Tons x $6,200 = $ 17,298
8" water pipe ($48)
714 L.F. x $48 = $ 34,272
8" gate valve ($1,300)
8 Ea x $1,300 = $ 10,400
8" R.C. street pavement ($55)
1,877 S.Y. x $55 = $ 103,235
6" lime stabilized sub grade ($5)
2,370 S.Y. x $5 = 11,850
$ 284,303
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $362,667. 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 $ 176,851 $ 183,359 $ 360,210
Approach $ -0- $ -0- $ -0-
Easements (ded. by dev'r) $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ 2,457 $ 2,457
Sub-Total Sewer $ 176,851 $ 185,8161 362,667
Museum Place
Page 4 of 7
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. Public open bid;
SEWER COST SHARE
Developer pays for 12"/8" sewer pipe. The City pays for 8" sewer pipe.
The City also pays for 2,319 L.F. of 8" water pipe and 12-4' diameter
manholes. The City also pays 100% for Modern Art Museum/Mantis
Property connection, including engineering.
Museum Place Participation
12" sewer pipe, SDR-26 (City pays for 8" of sewer pipe) ($42)
303 L.F. x $42 = $ 12,726
12" sewer pipe, SDR-35 (City pays for 8" of sewer pipe) ($42)
1,101 L.F. x $42 = $ 46,242
8" sewer pipe, SDR-35 ($42)
875 L.F. x $42 = $ 36,750
8" sewer pipe, SDR-26 ($126)
40 L.F. x $126 = $ 5,040
4' diameter manhole
6 Ea x $3,500 = $ 21,000
4' diameter manhole over existing line
5 Ea x $4,000 = $ 20,000
4' diameter manhole with outside drop
1 Ea x $8,300 = $ 8,300
$ 150,058
Modern Art Museum/Mantis Property Connection
8" sewer pipe, SDR-26 ($126)
60 L.F. x $126 = $ 7,560
8" sewer pipe, SDR-35 ($42)
155 L.F. x $42 = $ 6,510
4' diameter manhole
3 Ea x $3,500 = $ 10,500
$ 24,570
Museum Place
Page 5 of 7
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total`Hater $ 103,536 $ 284,303 $ 387,839
Sub-Total Sewer $ 176,851 $ 183,359 $ 360,210
Total Water and Sewer $ 280,387 $ 467,662 $ 748,049
Construction
Construction Inspection $ 5,608 $ 9,353 $ 14,961
Material Testing Fee $ 5,608 $ 9,353 $ 14,961
Grand Total 1 $ 291,6021 $ 486,368 $ 777,971
Mu mum Place
Pap 6 of 7
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, an s *d Developer
has executed this instrument in quadruplicate, at Fort Worth, Texas this the day of
2007.
Approval Recommended:
Water Department
S. Frank Crumb
Director
ATTEST:
City Of Fo rth
City Secretary Assistant City Manager
D Marty Hendrix E�w�—KE Marc A. Ott
Approv to Fo
Assistant City Attorney tj
DEVELOPER
Museum Place Infrastructure,
LTD.
ATTEST: ley: Mu.se•.ry ilk- iNPerA�'�i Zuc.*s4a�
Corporate Secretary By:
Sign, print name and title
Museum Place
Page 7 of 7
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M&C Request Review YaP
,V L
City of Fort Worth Employee Intranet www.cfwnet.arg FORT
AgendaWOKI
Home I Council I M&C4Employec Directory I ACTodayEmployee Muffieds I PRS I IT Onlint I Departments
Pr
COUNCIL ACTION: Approved on 1 0/3 012 0 0 7
DATE: 10/30/2007 REFERENCE NO.: C-22497 LOG NAME: 601VIUSEUM F
CODE: C TYPE: NON-CONSENT PUBLIC HEARING:NO
SUBJECT: Authorize Execution of a Community Facilities Agreement with Museum Place lnfrastructui
LTD., for Construction of Water and Sewer Services to Serve Museum Place
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Museum Place Infrastructure, LTD., for the installation of water and sanitary sewer ser
to serve Museum Place, a future multi-use development, located in west Fort Worth.
DISCUSSION:
Museum Place Infrastructure, LTD., the developer of Museum Place, has executed a proposed contra(
community facilities to serve a multi-use development located in the west part of Fort Worth, north of V
7th Street and east of Barden Street (see attached map).
The total cost for water and sewer improvements for this development is $803,374. There will be City
participation in water and sewer pipe to increase pipe capacity in development and drainage area. The
Developer and City estimated costs for water and sewer improvements are subject to construction
inspection fees and material testing fees.
ESTIMATED PROJECT COST DEVELOPER CITY TOT
WATER $103,536.00 $284,303.00 $387,839
SEWER $176,851.00 $183,359.00 $360,210
ENGINEERING $0.00 $2,457.00 $2,457
SUBTOTAL $280,387.00 $470,119.00 $750,506
CONTINGENCY $0.00 $22,946.00 $22,946
INSPECTION $5,608.00 $9,353.00 $14,961
MATERIAL TESTING 5 608.00 la,453.00 $14,961
TOTAL 291,603.00 $511,771.00 $803,374
The estimated City costs include contingency amounts of$14,215 for water work and $8,731 for sewer
work.
This development is zoned MU-2 and located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
Water and Sewer Capital Project Funds.
http://www.cfwnet.org/council_packet/mc_review.asp?refnum=C-22497 10/31/2007
M&C Request Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
P264 539140 607150073883 $284 303.01
P274 539140 707130073883 $183.359.01
Submitted for City Manager's Office by: Marc A. Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: John Sewell (8369)
ATTACHMENTS
MuseumPlace maps.pdf
http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-22497 10/31/2007