HomeMy WebLinkAboutContract 29194 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT . § Contract No. p2
WHEREAS, Steve Hawkins Custom Homes, LLC., hereinafter called
"Developer", desires to make certain improvements to Rainbow Ridge Offsite Water &
Sewer, 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 connection with said improvements.
NOW, THEREFORE,KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through Steve Hawkins, its duly
authorized 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.
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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, apsaid Developer
has executed this instrument in triplicate, at Fort Worth,Texas this the day of
, 2003.
Approval Recommended:
Water D partment
Contract Authorization
Dale A. Fisseler, P.E. 3 o
Water Director Data
ATTEST: Citypf Fort Worth
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G16-ria.Peson Marc Ott
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City Stary Assistant City Manager
Approved as to Form:
XssisUNRity Attorney
DEVEL
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Steve w s Custom Homes, LLC
ATTEST:
Corporate Secretary
Stev kins,President
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CFA Name J�+ b`✓f � G�
Revised Form per Legal 2/21/03
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. 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
cost estimates supplied by the Developer for this contract.
J. 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.
K. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof.
Water (A)_X ; Sewer (A-1) X Paving (B) Storm Drain (B-
1) ; Street Lights and Signs (C).
CFA Name
Revised Form per Legal 2/21/03
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 $261,824.
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
Developer Estimated Total
Cost City Cost Cost
Mains within $ -0- $ -0- $ -0-
Development
Approach $ 66,241 $ 195,583 $ 261,824
Easements* $ -0- $ -0- $ -0-
Service/Fire Line $ -0- $ -0- $ -0-
Paving Repair/Water $ -0- $ -0- $ -0-
Sub-Totals, Water $ 66,241 $ 195,583 $ 261,824
* 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. Bid prices from open bid.
City participation for water and sewer improvements is calculated as
follows:
CFA Name
Revised Form per Legal 2/21/03
WATER COST SHARE (Developer pays for 12" water pipe and
gate valve. The City pays for 36"/12", 16"/12", and 6" water pipe
and valve, plus 16" gate valve, air release valve and blowoff. )
36"/12" water pipe ($92-$30)
1,669 L.F. x $62 = $ 103,478
16"/12" water pipe ($45-$30)
107 L.F. x $ 15 = $ 1,605
6" water pipe ($20)
5 L.F. x $ 20= $ 100
36"/12" water valve ($40,000-$1,200)
2 EA. x $38,800 = $ 77,600
16" water valve ($7,500)
1 EA. x $7,500 = $ 7,500
6" water blowoff valve &MH/vs FH ($3,000-1,500)
1 EA. x $1,500 = $ 1,500
3" air release-valve &MH ($3,500)
1 EA. x $3,500 = $ 3,500
Quantity Difference in Fittings
.12 TN. x $2,500 = ($ 300)
$ 195,583
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
_ $ 195,583
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $1,037,812. 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:
The formula for offsite cost will be the Developer 50% & the City %50. After
comparing the benefit of the local development interests in this drainage basin
including Rainbow Ridge Addition, Clark Road Addition, Seminary South
Addition, and Carson Ranch, the formula is Developer 60.70% & City 39.30%.
CFA Name
Revised Form per Legal 2/21/03
SANITARY SEWER FACILITIES:
Sanitary Sewer $ 127,856 $ 20,692 $ 148,548
Mains/Lines
Approach $ 536,627 $ 347,437 $ 884,064
Easements * $ -0- $ -0- $ -0-
Service (13) $ 5,200 $ -0- $ 5,200
Engineering $ -0- $ -0- $ -0-
Sub-Totals, Sewer $ 669,683 $ 368,129 $ 1,037,812
TOTAL
Water and Sewer
%-,onstruction 'Costs $ 735,924 $ 563,712 $ 1,299,636
CONSTRUCTION $ 14,719 $ 11,274 $ 25,993
INSPECTION FEE:
*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. Actual prices contained in the construction contract(s) if the
Developer elects to competitively bid the improvements,plus
formula splits.
C. City participation for sewer improvements is calculated as follows:
CFA Name
Revised Form per Legal 2/21/03
SEWER COST SHARE ( The City pays a percentage for the offsite. On sanitary
sewer improvements within the Rainbow Ridge preliminary platted area
there will be oversizing.
15"/12" SDR 35 (Avg.of all Depths)sewer pipe ($25.58-$22.17)
1.,044 L.F. x $3.41 = $ 3,560
15'/12" SDR 26 (Avg.of all Depths)sewer pipe ($29.63-$27.00)
278 L.F. x $2.63 = $ 731
12"/8" SDR 35 (Avg.of all Depths)sewer pipe ($22.17-$14.22)
1,309 L.F. x $7.95 = $ 10,407
12"/8" SDR 26 (Avg.of all Depths)sewer pipe ($27.00-$14.22)
469 L.F. x $12.78 = 5,994
$ 20,692
Offsite Approach Sanitary Sewer Improvements will be $884,064.39
City share= $884,064.39 x .393= 347,437
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
_ $ 20,692 + $ 347,437 = $ 368,129
CFA Name
Revised Form per Legal 2/21/03
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/30/2003
DATE: Tuesday, September 30, 2003
REFERENCE NO.: C-19787 LOG NAME: 60RAINBOW
SUBJECT:
Approval of Community Facilities Agreement with Hawkins Custom Homes, LLC, for Construction of
Offsite Water and Sewer Mains to Serve Rainbow Ridge Addition
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Hawkins Custom Homes, LLC for the installation of offsite water and sewer mains to serve
Rainbow Ridge Addition.
DISCUSSION:
Hawkins Custom Homes, LLC, the developer of Rainbow Ridge, has executed a proposed contract for
community facilities to serve a future single family development located in far southwest Fort Worth, at
McCart Ave. and North Crowley-Cleburne Road and various easements far southwest Fort Worth (see
attached map).
The total cost for offsite water and sewer improvements for this development is $1,325,629. There will be
City participation in water pipe oversizing to increase pipe capacity in the Rainbow Ridge development
area for regional water needs. The City also has participation in sewer pipe oversizing to increase pipe
capacity to serve other areas within the sewer basin. 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 $66,241.00 $195,583.00 $261,824.00
Sewer $127,856.00 $20,692.00 $148,548.00
Sewer Offsite $541,827.00 $347,437.00 $889,264.00
Easements $0.00 $0.00 $0.00
Inspection $14,719.00 $11,274.00 $25,993.00
TOTAL $750,643.00 $574,986.00 $1,325,629.00
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 the
Water and Sewer Capital Projects Funds.
T.ogname- 60R ATNROW Nae 1 of
TO Fund/Account/Centers FROM Fund/Account/Centers
P163 539140 060163014101 $195,583.00
P172 539140 070172132060 $368,129.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Maebell Brown (Acting) (8207)
Additional Information Contact: Maebell Brown (Acting) (8207)
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