HomeMy WebLinkAboutContract 37210 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No._�]
WHEREAS, MAW River's Edge, LP, hereinafter called "Developer", desires to
install a 24-Inch Approach Water Main Along SH 114 in the City of Fort Worth; 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 MAW River's Edge Holdings,
LLC, its duly authorized General Partner, acting herein by and through John Marlin, its
duly authorized Manager and the City, acting herein by and through 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 copied 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 Section II,
Paragraph 6 (B) 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.
The contracts for the construction of the public infrastructure shall be
administered in conformance with Section II, Paragraph 8, of the Policy.
River's Edge,a 24-Inch Water Main Along SH 114
Page 1 of 6
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 part, by the alleged negligence of the City of Fort Worth, its officers,
servants, or employees.
G. Developer shall construct the improvements required herein.
H. 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.
I. All necessary easements required to construct current improvements will
be provided for Centex and Hwy 114 Partners.
J. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
Water (A)attached.
K. The City agrees to pay the City's shared percentage (45.2%) of the actual
bid costs as defined below.
L. The City agrees to pay their shared percentage (as set forth in the chart
below and Exhibit 1) of the final costs of the line within 30 days after the
final acceptance of the water main.
River's Edge,a 24-Inch Water Main Along SH 114
Page 2 of 6
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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
$1,251,078.58. 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
Approach Water Main improvements as follows:
WATER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost (42.5%) Cost
Approach
(125% of construction cost) $ 545,001.04 $ 449,526.40 $ 994,527.44
Engineering $ 55,717.90 $ 45,957.10 $ 101,675.00
Easements $ 33,952.41 $ 28,004.54 $ 61,956.95
Sub-Total Water $ 634,671.35 $ 523,488.04 $ 1,158,159.39
Inspection Fee $ 10,900.02 $ 8,990.53 $ 19,890.55
Material Testing $ 10,900.02 $ 8,990.53 $ 19,890.55
Erosion Control $ 20,000.00 $ - $ 20,000.00
Construction Admin $ 33,138.09 $ - $ 33,138.09
Total Water $ 709,609.481 $ 541,469.10 1 $ 1,251,078.58
The construction costs stated herein are based upon public open bid, received on
February 14, 2008.
III. Special Provisions
A. Centex Real Estate Corporation shall be responsible for retaining the
services of a professional engineer licensed by the State of Texas and
entering into a contract for the preparation and completion of the design,
plans and specifications, and easement acquisition, together with any
modifications required during construction, and contract documents for
the construction of a 24-inch water main along SH 114. All cost will be
shared according to the percentage shown in Exhibit 1. As of the date of
the execution of this Agreement, the anticipated cost for the engineering
services, including construction staking and easement preparation, to be
provided hereunder is $101,675.00. At the time of this Community
River's Edge,a 24-Inch Water Main Along SH 114
Page 3 of 6
Facilities Agreement, Centex paid for the easement cost for Martin
Justin's property in the amount of $61,956.95, and may have paid other
amounts related to its obligations under the Policy. Centex will receive a
reimbursement from Developer for any amount paid over 5.72% (the
Centex percentage share per Exhibit 1) of the total actual construction
costs upon the completion of the project, and likewise, if Centex has not
paid up to 5.72% of the total actual construction costs, then Centex will
reimburse Developer for any such shortfall. Evidence of all Centex
payments is attached as Exhibit 2.
River's Edge,a 24-Inch Water Main Along SH 114
Page 4 of 6
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
s executed this instrument in quadruplicate, at Fort Worth, Texas this the R-1,day of
2008.
Approval Recommended:
Water Department
_ l
contract Authorization
S. Frank Crumb l I
Director �--- --���
ATTEST:
City Of Fort Worth
®Ity Secretary Assistant City Manager
Marty Hendrix Fernando Costa
:As
proved to Form:
si it Attorney
DEVELOPER
MAW River's Edge, LP
ATTEST: By: MAW River's Edge
Holdings, LLC, its General
Partner
Corporate Secretary By: /��o
k-
John Marlin, Manager
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River's Edge,a 24-Inch Water Main Along SH 114
Page 5 of 6
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/27/2008
DATE: Tuesday, May 27, 2008
LOG NAME: 60SH 114 REFERENCE NO.: C-22831
SUBJECT:
Authorize Execution of a Community Facilities Agreement with MAW River's Edge, LP, with City
Participation Not to Exceed $541,469.10 for Construction of a 24-Inch Approach Main Along State
Highway 114
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with MAW River's Edge, LP, acting herein, by and through MAW River's Edge Holdings, LLC, its
General Partner, for construction of a 24-Inch approach main along State Highway 114 with City
participation not to exceed $541,469.10.
DISCUSSION:
MAW River's Edge, LP, the developer of the 24-Inch approach main along State Highway 114, has
executed a proposed contract for community facilities to serve multiple developments along State Highway
114.
The total cost for water improvements for this development is $1,251,078.58. There will be City
participation 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 COST:
PROJECT COST DEVELOPER CITY TOTAL
Approach (125 Percent of Construction Cost) $545,001.04 $449,526.40 $994,527.44
Engineering $55,717.90 $45,957.10 $101,675.00
Easements $33,952.41 $28,004.54 $61,956.95
Sub-Total Water $634,671.35 $523,488.04 $1,158,159.39
Inspection Fee $10,900.02 $8,990.53 $19,890.55
Material Testing $10,900.02 $8,990.53 $19,890.55
Erosion Control $20,000.00 $0.00 $20,000.00
Construction Admin $33,138.09 0 $33,138.09
Grand Total Water $709,609.48 $541,469.10 $1,251,078.58
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water Capital Project Fund.
http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 05/28/2008
Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
P265 539140 602140073283 $523,488.04
P265 531350 602140073285 $8,990.53
P265 531200 602140073284 $8,990.53
Submitted for City Manager's Office by: Fernando Costa (6140)
Originating Department Head: Frank Crumb (8207)
Additional Information Contact: Stephanie Francis (7585)
http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 05/28/2008