HomeMy WebLinkAboutContract 33942 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. �.
WHEREAS, Two SR L.P. , hereinafter called "Developer", desires to make
certain improvements to Sendera Ranch and Sendera Ranch East, 42" transmission
waterline and 36" distribution line , 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 _Mehrdad Moayedi_, its duly
authorized Manager and 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 in the form of an irrevocable Letter of Credit
issued by Residential Capital Corporation . The City agrees that it will
sign any and all documents that are required in order to reduce the Letter
of Credit by an amount that corresponds on a dollar for dollar basis to the
value of the construction completed by, or on behalf of, Developer
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA
Revised Form per Legal December 2004
G:\job\013347\corresp\ q,21'g
pursuant to the terms hereof. City shall not be required to issue partial
payment estimates more frequently than once within a thirty-day period.
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.
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. 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 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.
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA �\,� 1� �1t l�j
Revised Form per Legal December 2004 , v V NJ
GAjoM I 3347\corresp\
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:
42" Water Line, Pump Station, and Storage Tank (Exhibit A attached);
36"/24" Water Line (Exhibit B attached)
L. 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
Developer shall design and install the proposed water line(s), fire line(s) and/or
meters as shown on Exhibits A and B, of which the estimated construction cost is
$6,058,766.05 . 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 (CONSTRUCTION ONLY):
Est. One SR Est. Two SR Estimated City Estimated Total
Developer Cost Developer Cost Cost ** Cost
42" Transmission Main -
through Hillwood property
36"/24" Distribution Main $ - $ 2,789,467.39 $ 3,269,298.66 $ 6,058,766.05
Pump Station/Ground -
Storage Tank
Engineering -
Easements* $ -0- $ -0- $ -0- $ -0-
Sub-Total Water $ -0- 1 $ 2,789,467.39 $ 3,269,298.66 $ 6,058,766.05
* Onsite Easements to be dedicated by the Developer, Offsite Easements to be obtained
by the City
** ** Hillwood participation, if any, shall be pursuant to the terms of a separate
agreement with the City of Fort Worth and is a part of the overall City Cost within
this CFA in accordance with Community Facilities Agreement #C-16994 between
Hillwood Development Company and the City of Fort Worth.
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA
Revised Form per Legal December 2004
G:\job\Ol 3347\corresp\
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 the
breakdown and agreements between the Developer and City as outlined in the
Participation Breakdown Summary(Exhibit C attached).
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 006.
Approval Recommended:
Water Department
16 S. Frah Crumb
Director
ATTEST:
G' f F W
City Secretar ssi tant titkManager
Marty Hendrix Marc A. Ott
Approved as to Form:
L I G
Assists I ttorney Contract Authorizatioa
ATTEST: pate
Corporate Secretary
,,�o
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA �U 1 b
4 !`1
Revised Form per Legal December 200 d Y
G:\job\013347\corresp\ U
DEVELOPER FOR SENDERA RANCH EAST:
Two SR, L.P.
By: Centamtar Terras,L.L.C.,sole general partner
By. Mehrdad Moaye i, Manager
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA
Revised Forth per Legal December 2004
G:\job\O l 3347\corresp\
(Furnish and install, including all appurtenant work, complete in place, the following items)
(D-No. refers to related items in the Part D Special Conditions:)
TEM APPROX. DESCRIPTION OF ITEMS WITH BID PRICES UNIT TOTAL
O. QUANTITY WRITTEN IN WORDS PRICE AMOUNT
1. 13,044 L.F. Furnish and Install 42"Concrete Water Line by Open
Cut, (Includes Excavation, Embedment and Backfill)
Per Linear Foot
One Hundred Ninety Six Dollars &
No Cents $196.00 $2,556,624.00
2. 13,766 L.F. Furnish and Install 36" Concrete Water Line by Open
Cut, (Includes Excavation,Embedment and Backfill)
Per Linear Foot
One Hundred Seventy Six Dollars &
No Cents
$176.00 $2,422,816.00
3. 220 L.F. 12" DR-14 PVC Water Main,
Per Linear Foot
Twenty Five Dollars &
No Cents $25.00 $5,500.00
4. 475 L.F. 8"DR-14 PVC Water Main,
Per Linear Foot
Twenty Dollars &
No Cents
$20.00 $9,500.00
5. 6 EA. 42"Butterfly Valve and Vault,
Per Each
Fifty Five Thousand Dollars&
Nol Cents $55,000.00 $330,000.00
6. 8 EA. 36"Butterfly Valve and Vault,
Per Each
Forty Eight Thousand,Eight Hundred Dollars&
No Cents $48,800.00 $390,400.00
7. 5 Ea. 12"Resilient Seat Gate Valve and Box,
Per Each
One Thousand,Five Hundred Dollars&
No Cents $1,500.00 $7,500.00
8. 10 Ea. 8"Resilient Seat Gate Valve and Box,
Per Each
Nine Hundred Dollars &
No Cents
$900.00 $9,000.00
NAJ0B\013347\Spec\00-013347.010B.doc B-2
Updated 05/16/2005
TEM APPROX. DESCRIPTION OF ITEMS WITH BID PRICES UNIT TOTAL
O. QUANTITY WRITTEN IN WORDS PRICE AMOUNT
9. 11 Ea. 8"Blow Off Valve in 4' Standard Diameter Sump
Manhole,
Per Each
Six Thousand,Two Hundred Dollars&
No Cents $6,200.00 $68,200.00
10. 2 Ea. 3"Combination Air and Vacuum Release Valve and
Vault
Per Each
Five Thousand,Four Hundred Dollars&
No Cents $5,400.00 $10,800.00
11. 2 Ea. 2"Combination Air and Vacuum Release Valve and
Vault
Per Each
Five Thousand Dollars&
No Cents $5,000.00 $10,000.00
12. 1 L.S. Cathodic Protection for 42"Waterline
Per Lump Sum
Sixty Thousand Dollars&
No Cents $60,000.00 $60,000.00
13. 1 L.S. Cathodic Protection for 36"Waterline
Per Lump Sum
Sixty Thousand Dollars&
No Cents $60,000.00 $60,000.00
14. 1 L.S. Furnish and Install Concrete Pressure Pipe Fittings for
Concrete Cylinder Pipe,
Per Lump Sum
One Dollars&
No Cents
$1.00 $1.00
15. 813 S.Y. Rock Rip Rap as Shown on Plans
Per Square Yard
Fifty Dollars &
No Cents $50.00 $40,650.00
16. 1 L.S Remove and Replace Existing Fence
Per Lump Sum
Ten Thousand Dollars&
No Cents $10,000.00 $10,000.00
N:\JOB\013347\S ec\00-013347.010B.doc B-3
Updated 05/16/2005,
TEM APPROX. DESCRIPTION OF ITEMS WITH BID PRICES UNIT TOTAL
O. QUANTITY WRITTEN IN WORDS PRICE AMOUNT
17. 100 C.Y. Crushed Limestone as Directed by Engineer
Per Cubic Yard
Twenty Five Dollars&
No Cents
$25.00 $2,500.00
18. 100 C.Y. Ballast Stone as Directed by Engineer
Per Cubic Yard
Thirty Dollars&
No Cents
$30.00 $3,000.00
19. 10 C.Y. Class `B"Concrete (1,500 PSI)
Per Cubic Yard
One Hundred Dollars &
No Cents
$100.00 $1,000.00
20. 10 C.Y. Class `B"Concrete(2,500 PSI)
Per Cubic Yard
One Hundred Dollars &
No Cents
$100.00 $1,000.00
21. 27,505 L.F. Trench Safety
Per Linear Foot
No Dollars&
One Cents
$0.01 $275.01
22. 500 L.F. Extra trench depth for 42"pipe and fitting in excess of
V below the design grade complete and in place,
Per Linear Foot
Ten Dollars &
No Cents
$10.00 $5,000.00
23. 500 L.F. Extra trench depth for 36"pipe and fitting in excess of
V below the design grade complete and in place,
Per Linear Foot
Ten Dollars&
No Cents
$10.00 $5,000.00
N:\JOB\013347\Spec\00-013347.010B.doc B-4
�� :T: , MY.
Updated 05/16/2005
24. 1 L.S. Compliance with Storm Water Pollution Prevention Plan
Per Lump Sum
Fifty Thousand Dollars&
No Cents $50,000.00 $50,000.00
*Check Pipe Material to be installed
X AWWA C-301 Prestressed Concrete Cylinder Pipe
Class 51 Ductile Iron(Polyethylene wrapped)
Steel Pipe(Polyurethane coated)
TOTAL AMOUNT BID WATER $_6,058,766.05
N:\JOB\013347\Spec\00-013347.010B.doc B-5 N N
Updated 05/16/2005
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/5/2006
DATE: Tuesday, September 05, 2006
LOG NAME: 60NS II & III REFERENCE NO.: C-21660
SUBJECT:
Authorize Execution of a Community Facilities Agreement with Two SR, L.P. for the Installation of
the Northside II 42-inch Water Main and Northside III 36-inch Water Main
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Two SR, L.P. for the installation of the Northside II 42-inch water main and the Northside III
36-inch water main to serve Sendera Ranch, Sendera Ranch East, and other adjacent developments.
DISCUSSION:
On September 15, 1998, (M&C C-16994) the City Council authorized the execution of a Developer's
Agreement to provide adequate water around the Alliance Airport area including areas to the west of
Alliance Airport. On December 11, 2001, (M&C C-18878) the City Council authorized the execution of a
Development Agreement for Sendera Ranch, which provided for the construction of a 36-inch water main
to the proposed Sendera Ranch development for water service. Current water studies are showing that
the rapid growth in this area could result in water shortages as early as the summer of 2007, if additional
water supply facilities are not installed as identified in the current Water Master Plan (2004). So, on
November 15, 2005, (M&C C-21159) the City Council authorized the execution of a Community Facilities
Agreement for the design of the Sendera Ranch Pump Station and Ground Storage Tank, the Northside II
42-inch Approach Water Main, and the Northside III Water Main.
The proposed 42-inch Northside II water main will connect the proposed 42-inch approach main to the
proposed Sendera Ranch Pump Station and 5 Million Gallon (MG) Ground Storage Tank through the
Sendera Ranch Development. The Northside III water main will provide additional service to the Sendera
Ranch area and adjacent properties.
This Community Facilities Agreement represents the collective effort of the Water Department and the
Developers (Senders Ranch, Sendera East and Hillwood Development) to address the future water
demand issue and provide orderly growth in this area.
The total cost for these water facility improvements is $6,482,879. The Developer and City estimated
costs for water improvements are subject to construction inspection fees.
ESTIMATED COST:
PROJECT COST DEVELOPER CITY TOTAL
42-INCH WATER MAIN $2,789,467.00 $3,269,299.00 $6,058,766.00
INSPECTION $55,789.00 $65,386.00 $121,175.00
MATERIAL TESTING $55,789.00 $65,386.00 $121,175.00
CONTINGENCY $0.00 $181,763.00 $181,763.00
TOTAL $2,901,045.00 $3,581,834.00 $6,482,879.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006
Page 2 of 2
The development is located in COUNCIL DISTRICTS 2 and 7.
Contingency for this project is $181,763 for associated construction, inspection, and material testing.
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/AccounVCenters FROM Fund/Account/Centers
P264 541200 602140034883 $3,269,299.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: S. Frank Crumb (8207)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006