HomeMy WebLinkAboutContract 32172 CONIl4UNITY FACILITIES AGREEMENT
THE STATE OF TEXAS City Secretary r�
COUNTY OF TARRANT § Contract No.a��
WHEREAS, CL Texas, L.P., a Texas Limited Partnership by CL Texas I GP,
L.L.C.. its general partner. hereinafter called "Developer". desires to make certain
improvements to Summer Creek Ranch, Phase E, Section 1 and 2 (McPherson Street
and Hulen Street), 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 Gary McAtee, its duly
authorized Vice 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.
Summer Creek Ranch,Phase E,Section I and 2
Revised Form per Legal December 2004
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:
Summer Creek Ranch,Phase B,Section 1 and 2
Revised Form per Legal December 2004
Water (A)attached; Sewer (A-1) ; 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.
Il. 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 $108,051.
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 FACILTIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ -0- $ -0- $ -0-
Approach $ 67,537 $ 40,514 $ 108,051
Easements* $ -0- $ . -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Water $ 67,537 $ 40,514 $ 108,051
* 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. Unit prices contained in City of Fort Worth Ordinance No. 14552;
Summer Creek Ranch,Phase E,Section 1 and 2
Revised Form per Leal December 2004
WATER COST SHARE (Developer pays for 10" water pipe, fittings, and valves.
The City pays for 16"/10" water pipe, fittings, and valves.)
16'710" water pipe ($40-$24)
1 ,051 L.F. x $16 = $ 16,816
16 /10" gate valve ($6,587-$1 ,182)
4 EA x $5,405 = $ 21,620
Cast !ron Fittings ($2,969/ton)
0.7 Ton x $2,969 = $ 2,078
$ 40,514
WATER
Unit Price from
Pay Item Unit Description Developer's
Projects
1 LF 6"Water Pie $ 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
11 EA Install 1"Air& Vacuum Release Valve $ 3,534.00
w/Vault
12 EA Install 4" blow-Off w/4" Gate Valve & $ 3,624.00
Sump Manhole
TOTAL WATER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 67,537 $ 40,514 $ 108,051
Total Water Construction $ 67,537 $ 40,514 $ 108,051
Construction Inspection $ 1,351 $ 810 $ 2,161
Grand Total I $ 68,888 1 $ 41,3241 $ 110,212
Summer Creek Ranch,Phase E,Section 1 and 2
Revised Form per Legal December 2004
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 thearLdday of
2005.
{
Approval Recommended:
Water Department contract �rtthhorizatio3t
b
S. Frank Crumb
Acting Director
ATTEST:
City Of Fort W
City Secretary Assistant City Manager
Marty Hendrix Marc A. Ott
Approved Form:
4 �
Assistant 'ty ttorney
DEVELOPER
CL Texas, L.P., a Texas
ATTEST: Limited Partnership by CL
Texas I GP, L.L.C., a general
partner
Corporate Secreta B :
N��
� Secretary Y
Sign, print name and title
Summer Creek Ranch,Phase E,Section 1 and 2
Revised Form per Legal December 2004
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M&C Request Review Page 1 of 2
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COUNCIL ACTION: Approved on 7/19/2005
DATE: 7/19/2005 REFERENCE NO.: C-20863 LOG NAME: 60SUMMERCREEI
CODE: C TYPE: NON-CONSENT PUBLICNO
HEARING:
SUBJECT: Authorize the Execution of a Community Facilities Agreement with CL Texas, L.P., a Texa:
Limited Partnership by CL Texas I GP, L.L.C., its General Partner, for Construction of Offs
Water Services to Serve Summer Creek Ranch
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with CL Texas, L.P., a Texas Limited Partnership by CL Texas I GP, L.L.C., its General Par
for the installation of offsite water services to serve Summer Creek Ranch, located in far south Fort Wo
DISCUSSION:
CL Texas, L.P., has executed a proposed contract for community facilities agreement to serve a single
family development located in the far south portion of Fort Worth, west of South Hulen Street and soutl
Risinger Road (see attached map).
The total cost for water improvements for this development is $110,212. There will be City participatio
water pipe oversizing to increase pipe capacity in the development area. The developer and City estin
costs for water improvements are subject to construction inspection fees.
ESTIMATED COST:
PROJECT COST DEVELOPER CITY TOT
Water $67,537.00 $40,514.00 $108,051
Sewer $0.00 $0.00 $0
Easements $0.00 $0.00 $0
Inspection $1,351.00 $810.00 $2,161
TOTAL $68,888.00 $41,324.00 $110,212
This development is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
Water Capital Projects Fund.
http://w�vw.cfwnet.org/council_packet/nnc_review.asp?refnum=C-20863 7/20/2005
M&C Request Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
P163 539140 060163015168 $40,514.00
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)
ATTACHMENTS
http://www.cfwnet.org/council_packet/mc_review.asp?refnum=C-20863 7/20/2005