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Home My WebLink AboutContract 30764 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 3L L4 WHEREAS, SJ Rainbow Ridge Development, LP, hereinafter called "Developer", desires to make certain improvements to Rainbow Ridge Addition — Phase 1 Onsite 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 SJ Rainbow Ridge, LLC, its duly authorized general partner, acting herein by and though Steve Hawkins, its duly authorized Manager, 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. TNS CFA Name Revised Form per Legal 2/21/03 �.r4; fll q 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 j1�'ti� Revised Form per Legal 2/21/03 �tla :'��J JO fll � bC10 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 $334,591. 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 $ 220,851 $ 14,615 $ 235,466 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service 235-1" $ 99,125 $ -0- $ 99,125 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 319,976 $ 14,615 $ 334,591 * 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. Ordinance prices in the Installation Policy and Procedures adopted April 2001. 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 10" water pipe and gate valve. The City pays for 12710" water pipe, valve, and fittings. 12710" water pipe ($26-$24) 4,976 L.F. x $ 2 = $ 9,952 12710"water valve ($1,223-$1,182) 8 EA. x $41 = $ 328 Quantity Difference in Fittings 1.46 TN. x $2,969= $ 4,335 $ 14,615 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT _ $14,466 WATER Unit Price from Developer's Pay Item Unit Description 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 Install 1"Air&Vacuum Release Valve 11 EA w/Vault $ 3,534.00 Install 4"blow-Off w/4"Gate Valve& 12 EA Surnp Manhole $ 3,624.00 SEWER Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6"Sanitary Sewer Pie $ 24.00 2 LF 8" Sanitary Sewer Pie $ 25.00 3 LF 10"Sanitary Sewer Pie $ 26.00 4 LF 12"Sanitary Sewer Pie $ 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 Pie $ 48.00 9 EAStandard 4'Diameter Manhole $ 1,293.00 10 EA_ Standard 5' Diameter Manhole $ 3,125.00 CFA Name ,r,i ff 1Ir+RR 11(01y Revised Forth per L.ega12/21/03 0 j; IN V 55 I�: iT. 60 RyHI y E I B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $379,416. 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 sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Developer Estimated City Cost Estimated Total Cost Cost Mains within $ 285,416 $ -0 $ 285,416 Development Approach $ -0 $ -0 $ -0- Easements* $ -0 $ -0 $ -0- Services=235 $ 94,000 $ -0 $ 94,000 En ineerin $ -0 $ -0 $ -0- Sub-Totals, Sewer $ 379,416 1 $ -0 $ 379,416 Sub- Totals, Water $ 319,976 $ 14,615 $ 334,591 Total of Water and Sewer Const. $ 699,392 $ 14,615 $ 714,007 Construction Inspection $ 13,988 $ 292 $ 14,280 Total of All $ 713,380 $ 14,907 $ 728,287 *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. ORIry CFA Name Revised Form per Legal 2/21/03 IMKy 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 the ay of 2004. Approval Recommended: Water Department A� S. Frank Crumb, P.E. Acting Director ATTEST: Ci f orth �, 1 A "t, B Mady Hendrix Marc A. Ott City Secretary �AssiCity�Manager Approved as to Form: pP Contract Authorzatio>a I &lq Date Assistant City Attorney DEVELOPER SJ Rainbow" Development, LP ATTEST: BY: SJ Rain J ge, LLC Ge r Corporate Secretary By' w �=erkins � 114 r' CFA Name `V Revised Form per Legal 2/21/03 ppgg A. n,nRRlf ?� eo I 1 i fill Mill -IMF SK - mom. i It - ' S � i': { ■ W 5{;,�% ': ! '-rte, � • ��.'. JQ < I T7 A Iw if Qc /.. .,/ r�`�`c• �sa,' \. , '',. ,.. '.., ` �L; ^CVs— . • �3 •/ gg9� W I !■ •o�� I �- � q '� I a ■ �i E~.W O 3fill �ryy, 's Az OQE rat eft �� ,• ' e , , • ■ ( F_{ ; t �1 O r US- a , , Gy ti h� G 3 i q '> Y W Y W y R � i w rn Co �- att 49 t2ro --------� U C N o ca - V V '(R 1 A / '� _ � _A JR4' ------ ---- 2�ii W�" %Qk Li 4 CID hPI Z-N — rQ W W 41 Lai a n R - o �zz 41 QZ a A �W ti NN / o / - "- F, R - • " oQ CL O? �' 'Z a: ~ W U3-7t _ N e OQ �h si O - �I�r v City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/19/2004 DATE: Tuesday, October 19, 2004 LOG NAME: 60RAINBOW REFERENCE NO.: C-20349 SUBJECT: Approval of Community Facilities Agreement with SJ Rainbow Ridge Development, LP for Construction of Onsite Water and Sewer Mains to Serve Rainbow Ridge Addition on McCart Avenue and North Crowley-Cleburne Road in Far Southwest Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with SJ Rainbow Ridge Development, LP for the installation of onsite water and sewer mains to serve Rainbow Ridge Addition, on McCart Avenue and North Crowley-Cleburne Road in far southwest Fort Worth. DISCUSSION: SJ Rainbow Ridge Development, LP, has executed a proposed contract for community facilities to serve a future single-family development located in far southwest Fort Worth, on McCart Avenue and North Crowley-Cleburne Road (see attached map). The total cost for onsite water and sewer improvements for this development is $728,287. There will be City participation in water pipe oversizing to increase pipe capacity in the Rainbow Ridge development area for regional water needs. 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 $319,976.00 $14,615.00 $334,591.00 Sewer $379,416.00 $0.00 $379,416.00 Easements $0.00 $0.00 $0.00 Inspection $13,988.00 $292.00 $14,280.00 Total $713,380.00 $14,907.00 $728,287.00 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 Capital Projects Fund. Logname: 60RAINBOW Page I of 2 TO Fund/Account/Centers FROM Fund/AccounVCenters P163 539140 060163015112 $14,615.00 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) Logname: 60RAINBOW Page 2 of 2