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
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Liberty Grossing Phase]
Revised Form per Legal 2/21/03
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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
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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: 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