HomeMy WebLinkAboutContract 28876 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § - 1 ' S ! Contract No. 2Sc)
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WHEREAS, Riverbend Investment H, Ltd., hereinafter called "Developer",
desires to make certain improvements to 12" Water Line in Precinct Line Road to
Serve Lakes of River Trails, 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 Kenneth B. Newell, 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 H, of the Policy.
D. The Developer shall award all contracts for the construction of community
facilities in accordance with Section 11, 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.
CFA Name
Revised Former Legal 2/21/03 `"�
P S a .v1: 71� U�G4
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) ; Paving (B) Storm Drain (B-1) ;
Street Lights and Signs (C).
CFA Name
Revised Form per Legal 2/21/03
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 $25,840.
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:
Estimated Estimated
Developer Estimated Total
Cost City Cost Cost
Mains within $ 19,101 $ 6,739 $ 25,840
Development
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Service/Fire Line $ $ -0- $
Engineering $ -0- $ -0- $ -0-
Sub-Totals, Water $ 19,101 $ 6,739 $ 25,840
TOTAL $ 19,101 $ 6,739 $ 25,840
Water and Sewer
Construction Costs
CONSTRUCTION $ 382 $ 135 $ 517
INSPECTION FEE:
*
Tobe 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;
B. 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 8" water pipe and gate valve. The
City pays for 12"/8" water pipe and valve.
12"/8" water pipe ($26-$17)
500 L.F. x $9 = $ 4,500
12"/8" water valve ($1,223-$676)
1 EA. x $547 = $ 547
12"/8" water valve ($2,969/Ton)
.57Ton. x $2,969/Ton = 1,692
$ 6,739
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
_ $ 6,739
CFA Name
Revised Form per Legal 2/21/03
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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 said D veloper
has executed this instrument in triplicate, at Fort Worth, Texas this the T—,�day o
, 2003.
Approval Recommended:
Water Department
Vk-zale A. Fisseler, P. E.
Director
ATT ST: City Of Fort Worth
6f/- By:
loria Pearson Marc Ott
City Secretary Assistant City Manager
Approved as to Form:
v )ntract Authorization
Assistant Ci y Attorney v ! off•
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City of Fort Worth, Texas
avelgor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/27/03 C-19604 60RIVERBEND 1 of 2
SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH RIVERBEND
INVESTMENTS, LIMITED, FOR CONSTRUCTION OF AN OFFSITE WATER LINE TO
SERVE LAKES OF RIVER TRAILS PHASES III, IV AND V IN EAST FORT WORTH
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Riverbend Investments, Limited, by RBE Investments Corporation for the installation of
a 12-inch offsite water line to serve the Lakes of River Trails Phases III, IV and V in east Fort Worth.
DISCUSSION:
Riverbend Investments, Limited, has executed a proposed contract for a community facilities approach
water line to serve a single-family development located in east Fort Worth, north of Trinity Boulevard,
south of Hurst Boulevard, east of Loop 820 (see attached map).
The total cost for a 12-inch offsite water line improvement for this development is $25,840*. There will
be City participation in water pipe oversizing to increase pipe capacity based on the Water and
Wastewater Installation Policy. The developer and City estimated costs for water improvements are
subject to construction inspection fees.
PROJECT COST DEVELOPER CITY TOTAL
Offsite Water $19,101 $6,739 $25,840
Inspection 382 135 517
Total $19,483 $6,874 $26,357
*This cost does not include the $517 inspection fee.
This development is located in COUNCIL DISTRICT 4.
City of Fort Worth, Texas
4velgor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/27/03 C-19604 60RIVERBEND 2 of 2
SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH RIVERBEND
INVESTMENTS, LIMITED, FOR CONSTRUCTION OF AN OFFSITE WATER LINE TO
SERVE LAKES OF RIVER TRAILS PHASES III, IV AND V IN EAST FORT WORTH
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Water Capital Projects Fund.
MO:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Maebell Brown(Acting) 8207 (from) APPROVED 05/27/03
P161 539140 060161141130 $6,739.00
Additional Information Contact:
Maebell Brown(Acting) 8207