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HomeMy WebLinkAboutContract 31832 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARR-ANT r I ` § Contract No.��_ WHEREAS, WR Development, L.P., by WR Development, L.L.C, its general partner, hereinafter called "Developer", desires to make certain improvements to WR Development Addition, Lot 2, Block 1, 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 Michael Rader, 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 H, paragraph 7 of the Policy. E. The contracts for the construction of the public infra _ administered in conformance!with paragraph 8, Section WR Development Addition,Lot 2,Block 1 Revised Form per Legal December 2004 _ - : 15 4 �� 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 damajees are caused, in whole or in part, by the alleged ne-Iieence 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 mad a ,�,, _ , �r o - ^-�- WR Development Addition,Lot 2,Block 1 � Revised Form per Legal December 2004 Water (A)attached; Sewer (A-1)attached; 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. 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 $81,671. 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 $ 68,167 $ 13,504 $ 81,671 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 68,167 $ 13,504 $ 81,671 * 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; WR Development Addition,Lot 2,Block I � Revised Form per Legal December 2004 ' WATER COST SHARE (Developer pays for 8" water pipe, gate valve, and fittings. The City pays for 12"/8" water pipe, gate valve, and fittings.) 12"/8" water pipe ($26-$17) 1,049 L.F. x $9 = $ 9,441 12"/8" gate valve ($1,223-$676) 2 EA x $547 $ 1,094 Cast iron fittings ($2,969/ton) 1 Ton x $2,969 = 2,969 $ 13,504 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 WR Development Addition,Lot 2,Block 1 Revised Form per Legal December 2004 2 :Tit;1i;G; U '1 'l� . ✓'1: flo G,o B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $80,620. 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 Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 80,620 $ -0- $ 80,620 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 80,620 $ -0- $ 80,620 *To be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 68,167 $ 13,504 $ 81,671 Sub-Total Sewer $ 80,620 $ -0- $ 80,620 Total Water and Sewer $ 148,787 $ 13,504 $ 162,291 Construction Construction inspection $ 2,976 $ 270 $ 3,246 Grand Total 1 $ 151,7631 $ 13,7741 $ 165,537 v�U WR Development Addition,Lot 2,Block 1 [,,1 Revised Form per Legal December 2004, IMI, , 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 as executed this instrument in quadruplicate, at Fort Worth, Texas this the tL day of L , 2005. Approval Recommended: Water Department S. Frank Crumb Contract Authorization Acting Director , _ t -L Date ATTEST: ity f Fort City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approved as to Fo Assistant City Attorney DEVELOPER WR Development, L.P., by ATTEST: WR Development, L.L.C, its general partner Corporate Secretary By: tN�L Sign, print name and WR Development Addition,Lot 2,Block I Revised Form per Legal December 2004 �� ',;`!? '��f➢ ;, i- - -- - - - - - - - - - - - - - - V? �.�. 0 100 200 300 400 SCALE IN FEET FUTURE 50' I �t STREET ROW I l v<0 ------------------------------ cn CID (OWNE I g I h v� J I i CHRISTOPHER HARR TRUSTEE I 17-1 z D ' I P.O.BOX 2404\ I I a (n BRENTWOOD,TN. 37D24 i m ' ' VOL.12568,PC.168 ' I 1 f''I D.R.T.C.T. Z ------------------------------------ ---� I0' UTILITY ----------------------�&---------- — -=- ASEMENT �. Ir___ _______ _____ __ IB r----------- ----------t-------.----— I �/ I \ '. Ili ( � •� ' I Ig li I l I i4117. I \ II i �, i � I d Qti•. " IIS j j II I IAT 1,BLOCK 1 j III W.R.DEVELOPMI NPl 1 ACREAGE 6596,0966 SQ;.FP. (16.00 ACRES) EXHIBIT A WATER IMPROVEMENTS Fiioitr $aoAv _..... LOT 2. BLOCK 1 W.R. DEVELOPMENT ADDITION 35. ` — OWNER:W.R.DEVELOPMENT,LTD. / `RpW V 1E5 100 ort Worth.Tx.E.1th Street,576 02 uits 640 (817)332-9088 BY 7" l'_ ` — \ ■O■ HALr�? ASSOC t �- — ■o■ Gam. SEIM J' / 3801 PARKW000 BOULEVARD SUITE SOO F SCO.�j 67 V6t Ws"99dd' A SCALE:i'= 200' AVO.2127 T . ' y e L - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - I - - — — — —— —— — — — — — - - — — — — — — — — — — — — — — — — — — — — — — I Z. jm 1 1 4 1 I I I � � vZ II � `I '` I I � —• _I`�'� � ._,'� 0 10o zoo 300 400 I I ` �•, SCALE IN FEET —_ -- 1 FUTURE 50' l I• '-- `` 1 I /^ STREET ROW -i- �z wow apo i CO I (OWNER � L4 CHRISTOPHER HARRIS,TR�ISTEE .l 4 z m P.O.BOX 2408 M> I I BRENTWOOD.IN. 37024\ 1= (n I VOL.12568.PG.1680 m I. i O.R.T.C.T. m ' I I 1 L X40'UTILITY ------------ -------------�--- ASEMENT �. --- — — — err-----------'-----------�-- � � I I I� � � i I ,•I / ' ' �k I I I I �i I ,, 11 ,� Vy ;� I , • �� ` I I LOT 1,SLACK,1 W.R.DEVELOPMENT I �� ADDMON. ACRF GE ��)O.Fr. , I r' I i f I 'II I EXHIBIT A-1 WASTEWATER IMPROVEMENTS ILL – ori B Ronb -- – LOT 2, BLOCK 1 souk W.R. DEVELOPMENT ADDITION H 35 OWNER:W.R.DEVELOPMENT,LTD. I ARIES) 4 ,` 1 100 15th Str 640 Tx. 76102 `�W . (817)332-9088 i w�L BY — — — , lib x� _ _ ASSO 3801 PARKW000 BOULEVARD SLATE 500 1 Rtscc�d7 <`(21'4Y-6�H=d57D SCALE:1'= 200' AVO.2127 iT DLE�M� II 04;j] I — — — — — — — — — — —— — — — — — —— — — — — — — — — — — — — — — — — — M&C Request Review Page 1 of 2 AM" S`Net.org Dirattswy I Homing Report I Ads I PRS I rr Onlina I Deparbnents, I Site MS., Pr COUNCIL ACTION: Approved on 5/3/2005 DATE: 5/3/2005 REFERENCE NO.: C-20706 LOG NAME: 60WR DEVI CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Community Facilities Agreement with WR Development, L.P., by W Development, L.L.C., its General Partner, for Construction of Water and Sewer Services tc WR Development Addition, Lot 2, Block 1, a Development in the Far South Part of the City Worth, Texas RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with WR Development, L.P., by WR Development, L.L.C., its General Partner, for the instal of water and sewer services to serve WR Development Addition, Lot 2, Block 1, a future development I in far south Fort Worth. DISCUSSION: WR Development, L.P., by WR Development, L.L.C., its General Partner, the developer of WR Develo Addition Lot 2, Block 1, has executed a proposed contract for community facilities to serve a developm located in the far south part of Fort Worth, west of IH 35-W and south of West Risinger Road (see atte map). The total cost for water and sewer improvements for this development is $165,537. There will be City participation in water pipe (12"/8") oversizing to increase pipe capacity in the development area. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: Project Cost Developer City Tc Water $68,167.00 $13,504.00 $81,671 Sewer $80,620.00 $0.00 $80,620 Easements $0.00 $0.00 $0 Inspection $2,976.00 $270.00 $3,246 Total $151,763.00 $13,774.00 $165,537 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 Funds. http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20706 5/4/2005 M&C Request Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P164 539140 060164015242 $13,504.00 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 WR Development Addition Sewer Exhibit.pdf WR Development Addition Water Exhibit.pdf http://www.cfwnet.org/council_packet/mc_review.asp?refnum=C-20706 5/4/2005