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HomeMy WebLinkAboutContract 30193 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. �j J WHEREAS, KB Home, Lonestar, LP, a Texas Limited Partnership, by its General Partner, KBSA, Inc., hereinafter called "Developer", desires to make certain improvements to Ramey Square, 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 Sue Blankenship, its duly authorized Director of Land Development, 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 11, 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 H, of the Policy. RAMEY SQUARE 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 iniuries, death or damages are caused, in whole or in part, by the alleged ne,-tipence 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. I 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)attached Sewer (A-1)attached; Paving (B) Storm Drain (B-1) ; Street Lights and Signs (C). RAMEY SQUARE 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 $98,933. 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 FACMTIES: Estimated Estimated City Cost Estimated Total Cost Developer Cost Mains within $ 32,870 $ 38,674 $ 71,544 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service 35- 1" meters $ 27,389 $ -0- $ 27,389 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 60,259 $ 38,674 $ 98,933 * 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. Open bid prices. WATER COST SHARE: Anderson St. dev100%svc & no water replace, sewer City pays 8" and dev 100%svc. In Carroll St. City pays 100% replac, dev 100% svc for water and sewer. 8" water pipe ($23.29) 357 L.F. x $23.29 = $ 8,314.53 Permanent Pavement Repair($42.70/LF) 159 L.F. x $42.70 = $ 6,789.30 Temporary Pavement Repair($28.16/1-F) 201 L.F. x $28.16 = $ 5,660.16 8" water valve ($1,005.79) 7 EA. x $1,005.79= $ 7,040.53 1" water service w/o box ($595.71) --, 2 EA. x $595.71= 1 191.42 ' cast iron fittings ($2,484.86/ Ton) 1. v RAMEY SQUARE ' Revised Form per Uga12/21/03 - 0.57 Ton x $2,484.86/ Ton = $ 1,416.37 Trench safety ($1 .79 / LF) 357 LF x $1 .79/LF = $ 639.03 Additionsl work locating lines & rechecking tie-ins 1 LS x $3,814.46 = $ 3,814.46 8" MJ Plug w/2" outlet, 2" valve 1 LS x $3,408.46 = $ 3,408.46 Reconnect exist water meters&svc. 1 LS x $400.00 = $ 400.00 TOTAL= $ 38,674.26 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $139,675.23. 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: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 12,060 $ 90,636 $ 102,696 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service - 33- 4" $ 26,389 $ 10,590 $ 36,979 Engineering $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 38,450 $ 101,226 $ 139,676 Sub-Totals, Water $ 60,529 $ 38,674 $ 98,933 Total of Water and Sewer Const. $ 98,979 $ 139,900 $ 238,609 Construction Inspection $ 1,980 $ 2,798 $ 4,772 Total of All. $ 100,958 $ 142,698 $ 243,381 *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: RAMEY SQUARE Revised Form per Legal 2/21/03 I. Actual prices contained in the construction contract(s) if the Developer elects to competitively bid the improvements. C. City participation for sewer improvements is calculated as follows: SEWER COST PARTICIPATION.- 8" SDR-35 sewer pipe ($13.19) 1,382 L.F. x $13.19 = $ 18,228.58 8" SDR-26 sewer pipe ($21.59) 240 L.F. x $21.59 = $ 5,181.60 Permanent Pavement Repair($32.82/LF) 90 L.F. x $32.82 = $ 2,953.80 Temporary Pavement Repair($28.16/LF) 1,555 L.F. x $28.16 = $ 43,788.80 4' standard manhole ($2,379.54) 7 EA. x $2,379.54= $ 16,656.78 4"sewer service Carol St. northside, no pvmt repair ($562.88) 4 EA. x $562.88= $ 2,251.52 4"sewer service Anderson St. southside, pvmt repair ($714.64) 5 EA. x $714.64= $ 3,573.20 vacuum test for manholes ($170.32) 7 EA. x $170.32 = $ 1,192.24 T.V. inspection for Sewer mains ($1.79) 1,622. x $1.79 = $ 2,903.38 Trench safety ($1.38 / LF) 1,622 LF x $1.38/1-F = $ 2,238.36 Class E Concrete encasement ($46.93) 30 LF x $46.93 = $ 1,407.90 Remove existing Sewer manhole(200.00) 4 EA. x $200.00 = $ 800.00 6"Sewer line and connect to Sewer manhole($10.00). 5 EA. x $10.00 = $ 50.00 TOTAL= $101,226.16 RAMEYSQUARE Revised Form per Legal 2/21/03 " 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 affix and said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the)4y of 2004. U Approval Recommended: Water Department 7-01 ont!�act Authorizatiox Dale A.Fisseler,P. E. Director ate ATTEST: City Of Fort Worth r B S lvia Glover arc A. Oft €r f Acting City Secretary Assistant City Manager Approved as to Form: Assistant City Attorney DEVELOPER ATTEST: (/Q L,1p Corporate Secretary By: 1. A, Print name and title U ZH RAMEY SQUARE U Revised Form per Legal 2/21/03 70 r I .p -- 4__. __ ___ -__ —�_ - ___ -__ TOO STA 11-00 it I ~ l CARD AVENUE !.I IR �k s� .AT E— -- .l � a�EE j Ij 'I I, it I 2. — { m ANDERW BEET I 7I 54.1 e• 55- S — 1 e°541 400% a II ®– CITY COST, WATER IIIII ®–100%CITY COST, SANITARY SEWER r i! y � Il �s —y OF'FORT WORTH, TEXAS WATER DEPARTMENT I III III a SQv�.R ICRy PAkDCIPATION E%NI87 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/22/2004 DATE: Tuesday, June 22, 2004 LOG NAME: 60RAMEY REFERENCE NO.: C-20124 SUBJECT: Approval of Community Facilities Agreement with KB Home Lonestar, LP, a Texas Limited Partnership, for Construction of Water and Sewer Services to Serve Ramey Square RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with KB Home Lonestar, LP, a Texas Limited Partnership, for the installation of water and sewer services to serve Ramey Square. DISCUSSION: KB Home Lonestar, LP has executed a proposed contract for community facilities to serve a development located in southeast Fort Worth, east of Dillard Street, south of Carol Avenue, & north of Anderson Drive (see attached map). The total cost for water and sewer improvements for this development is $243,381. There will be City participation in water pipe and sewer replacements in accordance with central city redevelopment policies. 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 $ 60,529 $ 38,674 $ 99,203 Sewer $ 38,450 $ 101,226 $ 139,676 Easements $ 0 $ 0 $ 0 Subtotal $ 98,979 $ 139,900 $238,879 inspection $ 1,980 $ 2,798 $ 4,772 TOTAL $ 100,959 $ 142,698 $243,651 This development is located in COUNCIL DISTRICT 5. Logname: 60RAMEY Pagel of 2 el FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water and Sewer Capital Project Funds. TO Fund/Account/Centers FROM Fund/AccounVCenters P162 539140 060162152300 $38.674.00 P172 539140 070172132330 $101.226.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) Logname: 60RAMEY Page 2 of 2