Loading...
HomeMy WebLinkAboutContract 28876 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § - 1 ' S ! Contract No. 2Sc) TT 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 e - 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• ATTEST: ' DEVELOPER 4::g�4a Corporate Secretary //'tV TTSENT Z Lid- a-j �!Fc e4L CFA Name ^^ Revised Form per Legal 2/21/03 j ✓�: o � �� 1 _j L T I 1 — O1 I — — — Oa S�IW 31PIIYa1 / k31 EkA nor auma SLS BOUl�Aft - `_'c I' k 0.' 1 sr�R 1 1 1 11 w E gla I 1ts �� I d 1 I I 1 _,x 1 ' 1 111 I I 48 w o � � � o j ► i I I j - � � � 'ao a3nra ��: i I I I a I • � I - I I I II � I I I I I I I 3Na0 ))N�a3Na I I I I 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