Loading...
HomeMy WebLinkAboutContract 31049 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No-IN WHEREAS, FW Mint Creek, L.TJ)by Mint Creek Development, L.L.C., General Partners, hereinafter called "Developer", desires to make certain improvements to Liberty Crossing Phase I, 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 and Denton Counties, Texas, hereinafter called "City", to do certain work in cormection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Harry Utzig, its duly authorized Managing Partner, 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: L 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 goverl 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 constriction 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 Phase l ��"l/ ✓I ISS .' Revised Foran per Legal 2/21/03 �,�U ';;" 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 allezed nePli,-ence 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 f=, cost estimates supplied by the Developer for this contract. J. Developer agrees to provide, at its expense, all necessary rights of way is 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)attached Sewer (A-1)attached; Paving (B) Storm Drain (B- 1)`; Street Lights and Signs (C). Liberty Crossing Phase 1Sts ^,�p o Revised Form per Legal 2/21/03 :;JNA �i U I . 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 $240,733. 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 $ 164,233 $ -0- $ 164,233 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service/178 $ 76,500 $ -0- $ 76,500 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 240,733 $ -0- $ 240,733 * To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. Liberty Crossing Phase 1 h Revised Form per Leal 2/21/03 ' �, B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is 5515,358. 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 and the City shall share the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 227,963 $ 9,557 $ 237,520 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service (180) $ 27,000 $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 254,963 $ 9,557 $ 264,520 Sub-Total Water $ 240,733 $ -0- $ 240,733 Total of Water and Sewer Const. $ 495,696 $ 9,557 $ 505,253 Construction Inspection $ 9,914 $ 191 $ 10,105 Grand Total $ 505,610 $ 9,748 $ 515,358 *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; SEWER COST SHARE (Developer pays for 10" sewer pipe. The City pays for 21"/10" sewer pipe.) 21'710" sewer pipe ($45-$26) 503 L.F. x $19 = $ 9,557 -, .. , L � Liberty Crossing Phase 1 Revised Form per Legal 2/21/03 Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6"Water Pipe $ 15.00 2 LF 8"Water Pie $ 17.00 3 LF 10"Water Pie $ 24.00 4 LF 12"Water Pie $ 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 Install 1" Air & Vacuum Release Valve 11 EA w/Vault $ 3,534.00 Install 4" blow-Off w/4" Gate Valve & 12 EA Sump Manhole $ 3,624.00 SEWER Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6" Sanitary Sewer Pipe $ 24.00 2 LF 8" Sanitary Sewer Pipe $ 25.00 3 LF 10" Sanitary Sewer Pipe 26.0v^ 4 LF 12" Sanitary Sewer Pipe $ 27.00 5 LF 15" Sanitary Sewer Pie $ 28.00 6 LF 18" Sanitary Sewer Pie $ 38.00 7 LF 21" Sanitary Sewer Pie $ 45.00 8 LF 24" Sanitary Sewer Pipe $ 48.00 9 EA Standard 4' Diameter Manhole $ 1,293.00 10 EA Standard 5' Diameter Manhole $ 3,125.00 Liberty Crossing Phase l Revised Form per Leal 2/21/03 i:9 - IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instru77ent 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 day of 2004. Approval Recommended: Water Department contract Author' zatiop S. Frank Crumb _ Acting Director l;a t ATTEST: Of Fort Wort !" T�A 6U�S—L�� Marty Hendrix Assistant City Manager City Secretary Marc A. Ott Approved as to Form: Assistant ity Attorney DEVELOPER Mint Creek, Ltd. ATTEST: by its General Partner Mint creek Development, LLC Corporate cretary By: Prin �,WPnd title Hawy_ lI�_l_?t q gmt t' VVUCr J:Stc: � :1i. Liberty Grossing Phase] Revised Form per Legal 2/21/03 N W E 3- m 3 w 5 MtT � O N > \ Creek f 3 C-" I O Q a cr w l i 3 W a Y PROJECT LOCATION — 0 0 HARMON V Q FORT \I WORTH ___EOR-WORTH CITY_,_ SAGINAW CITY LIMIT BAIL Y - OSWE i LHJTED---))'T790000 00°0000000 0 00000 0 N n N N N ILOCCA"Ir D IN a C HTY OF FORT WOE H9 TEXAS V s n m c 0 u T N OWNED/DEVELOPED BY: PREPARED By: Mint Creek, LTD. CO OODWINB 10004 Candlebrook Drive MA&SHA.IL, Id Dallas,Texas 75243 CML ENGINEERS-PLANNERS-SURVEYORS " (214)W3-3124 6W1 Bodge Street,Suite 100,Fort Worth Tema 76112 0D Metro(817)4254373 / JUNE,V E, 6093LJ N OO o 8 V) � N 21 TM G a L I C r' \ o W / �� off. /`• � �' j__"- ���`0 /�' '�� ��, �. I � � W s4s�\ \m �f f.• CO CO W W >W J J Z W Q LLJ 11 Q H W Q Io W O W W (- cn z W co co O — O O ? Z x o W d W L, d d CD J T ` ! I nI, cli "IX {{{vvv'1 LO O - 8 N 8 � Z $ W / V T O O � 4 / / O O / W i • J W , Q i -Ila � t CD CD i T c , S ---- TM -TM LLJILLJ z W J W Q j W J CO LLJ LU Q H Q Q U -----, 1. ,I W O W W W d d O d w W tai d d J CD! W,7ZV78 7I,VbrJ (7 - i N M O O O N N � � N O Z W a ® � N Z Cf) V d (J C ' O N O ' V �n T � } N L J cG L ` W a- cn Q o W z W W Q J m Z_ z DO J p Q W > I a W w w a � a o p — Z z w pw w x cn cn cn 0 a 1� W x w O O W 1 0 v, ic= y ?ILVZV79 .7 /* w i Y w i O W � d j / ffi C / O V T LL 0 _ L / O O CL CD LLJ 61 N � i f �I rn t� �l w �=W OD o W Z W W ui LLJ =` CD CL C- X x Z w w 0- w uj uj co ci-D i r N �r LL O O f- N N � 3 � 0 W z a w � 8 Fz ' z r c Q I o N � s o ' V m6D T L d L7' co, z w o o co Si 1• r cn I— I a r wn w / w W an z uj Uj 1• 111 `t, '; �_.•, p cn LLj a_ cn 1 i — � �, i y 4 A �-/d � �• 111 i _ V 1 `` �.\� ��, LU L \ \ I 2IIZ6 78,7� Y, /� \ I % aLo s. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/2/2004 DATE: Tuesday, November 02, 2004 LOG NAME: 60LIBERTY REFERENCE NO.: C-20384 SUBJECT: Approval of Community Facilities Agreement with Mint Creek LTD. by Mint Creek Development L.L.C., its General Partner, for Construction of Water and Sewer Services to Serve Liberty Crossing, Phase 1, in the Northwest Portion of the City of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Mint Creek LTD., by Mint Creek Development L.L.C., its general partner, for the installation of water and sewer services to serve Liberty Crossing, Phase 1, located in northwest portion of the City of Fort Worth. DISCUSSION: Mint Creek LTD has executed a proposed contract for community facilities to serve a single-family development located in the northwest portion of Fort Worth, south of Heritage Trace Parkway and west of Blue Mound Road (see attached map). The total cost for water and sewer improvements for this development is $515,358. There will be City participation in sewer pipe oversizing (21"/10") 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. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOTAL Water $240,733.00 $0.00 $240,733.00 Sewer $254,963.00 $9,557.00 $264,520.00 Easements $0.00 $0.00 $0.00 Inspection $9,914.00 $191.00 $10,105.00 Total $505,610.00 $9,748.00 $515,358.00 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 Projects Fund. T.naname- 601.TRFRTY D- I --V') TO Fund/Account/Centers FROM Fund/Account/Centers P172 539140 070172132270 $9,557.00 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 nannmP• A01 TRFRTV Dn"a 7 ^F7