HomeMy WebLinkAboutContract 33395 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No o .
WHEREAS, Risinger Deer Creek, L.P., a Texas Limited Partnership, by D.L.H.,
Jr. Land Company, its general partner, hereinafter called "Developer", desires to make
certain improvements to Deer Creek North Addition, Offsite Water, 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 D. L. Hudgins Jr., 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 F' y , o
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Deer Creek North Addition,Offsite Water
Revised Form per Legal December 2004
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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 nePlimence 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).
1. 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:
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Deer Creek North Addition,Offsite Water ' ��l( 6N C �' I`ly�ctr�
Revised Form per Legal December 2004
Water (A)attached; Sewer (A-1) ; Paving (B) Storm Drain (13-
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 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 $537,300.
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
Onsite Southside III $ 342,969 $ 21,842 $ 364,811
Offsite Southside II $ -0- $ 147,490 $ 147,490
Services $ -0- $ -0- $ -0-
F�ngineering* $ -0- $
24,9991 $ 24,999
Sub-Total Water 1 $ 342,969 $ 194,331 $ 537,300
* Engineering costs associated with the offsite Southside II Pressure Plane Water
Improvements
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;
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Deer Creek North Addition,Offsite Water Y61�IC 1 I L
Revised Form per Legal December 2004
WATER COST SHARE (The City pays for 245 L.F. of 12" Southside III Pressure
Plane water pipe and gate valves, upsizing 12"/8" water pipe, and fittings.
Also, the City pays for all the offsite 16" Southside II Pressure Plane water
pipe, valves, fittings, and density testing.)
Onsite Southside III Pressure Plane Water Improvements
12° water pipe ($26)
245 L.F. x $26 = $ 6,370
12"/8" water pipe ($26-$17)
936 L.F. x $9 = $ 8,424
12" gate valve ($1,223)
2 EA x $1,223 = $ 2,446
Cast iron fittings ($2,969/ton)
1.55 Ton x $2,969 = $ 4,602
$ 21,842
Offsite Southside II Pressure Plane Water Improvements
16" water pipe ($40)
3,227 L.F. x $40 = $ 129,080
4" blow off valve and manhole ($3,624)
2 EA x $3,624 = $ 7,248
1" air vacuum release valve and vault ($3,534)
1 EA x $3,534 = $ 3,534
Cast iron fittings ($2,969/ton)
1 Ton x $2,969 = $ 2,969
Trench backfill density testing ($0.70)
3,227 L.F. x 0.70 = $ 2,259
Additional cost ($2,400)
1 L.S. x $2,400 = $ 2,400
$ 147,490
Deer Creek North Addition,Offsite Water �uJ(i� �r' � C
Revised Form per Legal December 2004
CITY
WATER
Unit Price from
Pay Item Unit Description Developers
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 $ 342,969 $ 194,331 $ 537,300
Total Water Construction $ 342,969 $ 194,331 $ 537,300
Construction Inspection $ 6,859 $ 3,887 $ 10 746
Grand Total 1 $ 349,8281 $ 198,2181 $ 548,046
Deer Creek North Addition,Offsite Water RCN�y1
Revised Foran per Legal December 2004 r BOB
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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, and d Developer
has exeelated this instrument in quadruplicate, at Fort Worth, Texas this the nay of
, 2006.
Approval Recommended:
Water Department
{d�S. Frank Crumb =ontLac"C- Authorization
Director �� )W
Date
ATTEST:
City Of FWorth —
City Secretary Assistant &tanager
Marty Hendrix Marc A. Ott
Approved as to Form—�
1
Assistant ity Attorney
DEVELOPER
Risinger Deer Creek, L.P., a
ATTEST: Texas Limited Partnership,
by D.L.H., Jr. Land
Company, its general partner
Corporate Secretary By: i&Z"Lf print name and title
Deer Creek North Addition,Offsite Water
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/28/2006
DATE: Tuesday, March 28, 2006
LOG NAME: 60DEERCREEK REFERENCE NO.: C-21378
SUBJECT:
Authorize Approval of a Community Facilities Agreement with Risinger Deer Creek, L.P., by D.L.H.,
Jr. Land Company, its General Partner, for Construction of Offsite Water Services to Serve Deer
Creek North Addition
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Risinger Deer Creek, L.P., a Texas Limited Partnership, by D.L.H., Jr. Land Company, its
General Partner, for the installation of offsite water services to serve Deer Creek North Addition, a future
single-family development, located in far south Fort Worth.
DISCUSSION:
Risinger Deer Creek, L.P., a Texas Limited Partnership, by D.L.H., Jr. Land Company, its general partner,
the developer of Deer Creek North Addition, has executed a proposed contract for community facilities to
serve a single-family development located in the far south part of Fort Worth, south of Risinger Road and
east of Hemphill Street (see attached map).
The total cost for water improvements for this development is $548,046. There will be City participation in
water pipe oversizing (1278") for Southside III Pressure Plane improvements. The City will pay for all
Southside II Pressure Plane improvements to increase pipe capacity in development area. The Developer
and City estimated costs for water improvements are subject to construction inspection fees.
Estimated Cost:
PROJECT COST DEVELOPER CITY TOTAL
WATER (SSIII) $342,969.00 $21,842.00 $364,811.00
WATER (SSII) $0.00 $172,489.00 $172,489.00
INSPECTION $6,859.00 $3,887.00 $10,746.00
TOTAL $349,828.00 $198,218.00 $548,046.00
This development is zoned A-5 and 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.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/21/2006
Page 2 of 2
P264 539140 606150039383 $194,331.00
Submitted for City Manager's Office b Marc Ott (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Carrie McBeth (7585)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/21/2006