HomeMy WebLinkAboutContract 33943 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.,�N(1�
WHEREAS, One SR, L.P., Sendera Ranch, Ltd., and Two SR L.P. , hereinafter
called "Developer", desires to make certain improvements to Sendera Ranch and
Sendera Ranch East, Pump Station and Ground Storage Tank , 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:
1. 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 two irrevocable letters of credit,
at least one of which will be issued by Residential Capital Corporation.
The City agrees that it will sign any and all documents that are required in
order to reduce each of the letters of credit by an amount that corresponds
on a dollar for dollar basis to the value of the construction comp awd 11y,
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA CJ7 V�--�: 1. V`v:.0
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or on behalf of, Developer 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 dama'-es 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).
I. Developer agrees that the pump station lot shall not be occupied under a
certificate of occupancy until the improvements required herein have been
constructed (Article 104.100, Ordinance 7234).
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA ��,��;!
Revised Form per Legal December 2004 9
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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:
42" Water Line, Pump Station, and Storage Tank (Exhibit A attached);
36"/24" Water Line (Exhibit B attached)
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
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
$9,755,000.00 . 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 $ - $ - $ - $ -
Pump Station/Ground $ 2,341,200. $ 2,926,500. $ 4,487,300. $ 9,755,000.
Storage Tank
Engineering $ - $ - $ - $ -
Easements* $ -0- $ -0- $ -0- $ -0-
Sub-Total Water $ 2,341,200. $ 2,926,500. $ 4,487,300. 1 $ 9,755,000.
* Onsite Easements to be dedicated by the Developer, Offsite Easements to be obtained
by the City
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** 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.
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 Developpr has executed this instrument in quadruplicate, at Fort Worth,
Texas this the tPday of 006.
Approval Recommended:
Water Departure
i
S. Frank Crumb
Director
ATTEST:
City o rth
City Secretary A` ant City Manager
Marty Hendrix Marc A. Ott
Approv s to Form: 0j—a to
Cant ct Aut orization
ztz
Assistant >ty
Attorney trate
ATTEST:
Corporate Secretary
Sendera Ranch and Sendera Ranch East Water Infrastructure CFA
Revised Form per Legal December 2004
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DEVELOPER FOR SENDERA RANCH:
One SR, L.P. Sendera Ranch, Ltd.
By: Centamtar Terras, L.L.C., its general By: Pars Investments, Inc., sole general
partner partner
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By: �, By:
Mehrdad Moayedi, Manager Mehrdad Moayedi, President
DEVELOPER FOR SENDERA RANCH EAST:
Two SR, L.P.
By: Centamtar Terras, L.L.C., sole general partner
By:
Mehrdad Moayedi, Manager
Sendera Ranch and Senders Ranch East Water Infrastructure CFA ,, �,
Revised Form per Legal December 2004 CIT11
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CFA Estimate for:
NS III/IV PUMP STATION &
GROUND STORAGE TANK
June 12, 2006
PUMP STATION & GROUND STORAGE TANK - GRACON CONSTRUCTION
Item No. DESCRIPTION QTY UNIT PRICE AMOUNT
1 Site preparation and earthwork including earthen swale 1 LS $500,000.00 $500,000.00
and rip-rap
2 Site Piping 1 LS $500,000.00 $500,000.00
3 Construction of six valve vaults and two metering vaults 1 LS $150,000.00 $150,000.00
4 Development,design and implementation of a trench 1 LS $5,000.00 55,000.00
safety system for all yard piping including valve vaults
and the assumption of responsibility of said system
5 Sub-grade preparation and structural fill material for I LS $100,000.00 $100,000.00
Concrete Ground Storage Tank
6 Construction of the 5.0 MG Concrete Tank and 1 LS $1,490,000.00 $1,490,000.00
appurtenances
7 Construction of the Pump Station including all 1 LS $4,615,000.00 $4,615,000.00
equipment, plumbing,valves,materials and services
which are required in accordance with the Contract
Documents,plans and specifications for the project
8 All electrical work 1 LS $1,600,000.00 $1,600,000.00
9 Instrumentation and Controls 1 LS $150,000.00 $150,000.00
10 Instrumentation and Controls(HSQ SCADA Allowance) 1 LS $70,000.00 $70,000.00
11 Concrete Paving 300 CY $200.00 $60,000.00
12 Site Gravel(Aggregate) 500 CY $50.00 525,000.00
13 Erosion and sediment Control 1 LS $10,000.00 $10,000.00
14 Fencing including gates 1900 LF $200.00 $380,000.00
15 Cathodic Protection 1 LS $70,000.00 570,000.00
16 Septic System with Subsurface Adsorption Field 1 LS $20,000.00 $20,000.00
17 Other miscellaneous not included in the separate Bid 1 LS $0.00 $0.00
Total Base Bid $9,745,000.00
Add or Deduct Items
1 Remove unsuitable rock material below ground storage 100 CY $100.00 $10,000.00
tank foundation as directed by the Engineer.
Alternate Bid for Substitute Items
1 Pump Control Valves, Div 15,Section 15100 77--
2 Motorized Valve Actuators, Div 15,Section 15105
3 Medium Voltage Switch-gear, Div 16, Section 16341
4 Motor Control Centers,Med Voltage, Solid State ti
5 Packaged Engine Generator Set, Div 16, Section 16231 Package
TOTAL L
-WATER SYSTEM $9,755,000.00
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/5/2006
DATE: Tuesday, September 05, 2006
LOG NAME: 60SENDERA PUMP REFERENCE NO.: C-21662
SUBJECT:
Authorize Execution of a Community Facilities Agreement with One SR, L.P., Sendera Ranch, LTD.,
and Two SR, L.P., for the Installation of the Sendera Ranch Pump Station and Ground Storage
Tank
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with One SR, L.P., Sendera Ranch, LTD., and Two SR, L.P., for the installation of the Sendera
Ranch Pump Station and Ground Storage Tank 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). 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 Sendera Ranch Pump Station and 5 Million Gallon (MG) Ground Storage Tank, located in
the Sendera Ranch Development, will be connected to the proposed 42-inch Northside II water main. The
Sendera Ranch Pump Station will be capable of pumping water to Northside III and Northside IV pressure
plane areas, which includes the Zone 287 annexed area.
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 $10,279,819. The Developer and City estimated
costs for water improvements are subject to construction inspection fees.
ESTIMATED COST:
PROJECT DEVELOPER CITY TOTAL
PUMP STATION AND GROUND STORAGE TANK $5,267,700.00 $4,487,300.00 $9,755,000.00
INSPECTION $105,354.00 $89,746.00 $195,100.00
MATERIAL TESTING $105,354.00 $89,746.00 $195,100.00
CONTINGENCY $0.00 $134,619.00 $134,619.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006
Page 2 of 2
TOTAL $5,478,408.00 $4,801,411.00 $10,279,819.00
The development is located in COUNCIL DISTRICTS 2 and 7.
Contingency for this project is $134,619 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/Account/Centers FROM Fund/Account/Centers
P264 541200 607160037680 $3,634,713.00
P264 541200 607180037680 $852,587.00
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