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HomeMy WebLinkAboutContract 11608 . . COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS CITY SECRETARY 'COUNTY OF TARRANT WHEREAS, Quinn L. Corporation hereinafter called "Developer", desires to make certain improvements to Timber Ridge, Phase | | , 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 County, Texas, hereinafter called "City", to do certain work in connection with said improvements; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That said Developer, acting herein by and through S. Mark Lovell, its duly authorized President, and the City, acting herein by and through Robert L. Herchert, its duly authorized City Manager, for and in consideration of the covenants and agreements herein performed and to be performed, do hereby covenant and agree as follows, to-wit: OFFICIAL RECORD CITY SECRETARY WATER AND/OR SANITARY SEWER FACILITIES A. The City agrees to install, by contract or otherwise, or to permit the Developer to let a contract for, in accordance with its accepted practices, ordinances, regulations, and the provisions of the City Charter, and subject to the requirements of the City's Policies and Regulations for Installation Of Community Facilities, all as current at the time of installation: WATER FACILITIES to serve the lots as shown on the attached Exhibit A-L-., and SANITARY SEWER FACILITIES to serve the lots as shown on the attached Exhibit :A , all in accordance with plans and specifications to be prepared by the Engineering Division of the Water Department, or by private engineers employed by the Developer and approved by the Water Department. B. The City agrees to install, at Developer's expense, at the time all other water mains in this addition are installed, a service line for each lot as shown on the attached Exhibit NA . The estimated cost of these service lines is $ _ _ . 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. C. The construction cost of the water facilities herein concerned, exclusive of service lines and engineering, is estimated to be thirteen_thousand, six Dollars ($ 13,600.00 ). hundred D. The City agrees to install, at Developer's expense, at the time all other sanitary sewer mains in this addition are installed, a service line for each lot as shown on the attached Exhibit NA . The estimated cost of these service lines is $" . The Cry agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. E. The construction cost of the sanitary sewer facilities to be installed here- under, exclusive of service lines and engineering, is estimated to be Seven thousand,_two hund-red_________ Dollars ($ 7,200.00 ). F. Prior to the award of the construction contract by the City, or the com- mencing of any work by the City or its contractors, if the Developer does not award his own contract, the Developer agrees to pay to the City; (1) (a) One hundred percent (1009x6) of the cost of all water and sanitary sewer facilities within the development, exclusive of engineering and service costs, through the 8-inch size, including the costs of larger sized facilities adjusted to 8-inch size costs; and ku) One hundred percent (100%) of the cost of all approach water main facilities outside the limits of the development through the 16-inch size, including the costs of larger sized facilities adjusted to 16-inch size costs, less ten percent (10%) of the calculated front foot charges for lots contained in the develop- ment served by such approach water main facilities; and 1-1 (c) One hundred percent (100%) of the cost of all appro:ir_h sanitary sewer facilities outside the limits of the development through the 24-Inch size, including the costs of larger sized facilities adjusted to 24-inch size costs, less ten percent (10%) of the calculated front foot charges for lots contained in the develop- ment served by such approach sanitary sewer facilities. (2) An additional ten (10%) percent of the total of the Developer's cost of these water and sanitary sewer facilities, exclusive of cost of service lines, for design engineering, if such engineering is performed by the City. This charge will be waived if private engineers employed by the Developer and approved by the Water Department perform the design engineering. (3) One hundred (100%) percent of the cost of all service lines, estimated under 1-E and !-D above, in accordance with the provisions of the current Fort Worth City Code. 4a. The distribution of estimated construction cost between the City and the Developer, as per paragraph !-F above, for all water and sanitary sewer facilities to be constructed hereunder is estimated as follows: (1) Water Facilities: Estimated Estimated Developer Total City Cost Cost Cost (a) Mains: Within Development 13,600 13,600 Approach (b) Services ( ) Sub-Totals, Water 13,600 13,600 (2) Sanitary Sewer Facilities: (a) Mains: Within Development 7,200 7,200 Approach (b) Services ( ) Sub-Totals, Sewers 7,200 7,200 Grand.Totals 20,800 20,800 1-2 l�. The above charges do not include any "per connection" charges for con. nection to existing or proposed sanitary sewer mains constructed or to be constructed under the provisions of the "APPROACH MAIN OPTION" as described in Sub-Paragraph (3), IV-7 of the Policies and Regulations for "INSTALLATION OF COMMUNITY FACILITIES" adopted January 1, 1972. These additional charges are as follows: Not applicable to this Contract XX Applicable to this Contract in the amount of by Ordinance No. dated When water facilities are installed by contract, installation of water services will be included as part of the contract. Installatiory of meter boxes on those services will be done by the City, after completion of construction of all relative curb and gutter work on the water facilities project site, at a cost of $60 per contract-installed service, such meter box .installation charge to be due and payable prior to issuance of a Work'Order on the water facilities installation contract. I. Within a reasonable time after completion of the above referenced facilities to be constructed by the City or by contract awarded by the City or by the Developer, the City and Developer agree to an adjustment of the Developer's payment as set out in 1-F and 1-G hereinabove, so as to conform said payment to actual construction costs and actual service costs under the provisions of the current Fort Worth City Code, (said adjustment to be calculated as payment in I-F and/or 1-G above), but based on actual quantities as reflected in the final estimate paid to the Contractor by the City or by the Developer, and/or in the event any portion of the facilities are installed by City forces, on the actual records of cost, kept by the City as a part of its customary procedures. In the event the difference in the deposit and the actual cost!, exceeds $23, Developer agrees to pay to the City any underpayment which said adjustment might indicate as being due, and the City agrees to pay to Developer any overpayment. It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/or materials as may be made necessary by conditions encountered during construction, and shall hot include any change in scope of the project. RECOMMEND>±� J. L. Robihson, Director Water Department Date: _ e 1-3 TIMBER RIDGE, PHASE II A community facilities contract request has been received by Public Works Department. Public Works will not require any community facilities to be constructed for this project. Therefore, a Community Facilities Contract will not be required by Public Works. Atifef Engineer III STREET LIGHTS No street lights will be required in this contract. Ja.44 Gary L Santerre, Traffic Engineering Director /z-W-Sa Timber Ridge, Phase II III-1 ` . |V. GENERAL REOUIREMENTS A. It is agreed and understood by the parties hereto that the developer shall employ a civil engineer, licensed to practice in the State of Tewas for the design and preparation of plans and speciflcatons for the construction of a| | facilities covered by this contract subject �p = Paragraph B. , � B. For any project estimated to cost less than $6,'000, or f designed to serve a single lot or tract the developer or �ny project , may at his option request the City to provlde 'the design engineering, and Yf such request is granted the developer shall pay to the City an amount equal to 10 percent of the final construction cost of such project. C. In the event the developer employs his own engineer to prepare plans and specifications for any or all facilities, the plans and specifications so prepared shall be subject to approval by the department having jurisdiction. One /1 \ reproducible set of plans with 15 prints and 35 specifications for each facility shall be furnished the department having jurisdiction. It is agreed and understood that in the event of any disagreement on the plans and specifications, the decision of the Public Works Director, Transportation Director, end/or Water Department Director will be final . ' D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned here|nabove shall be vested at all times in the City of Fort Worth, and developer hereby relinquishes any right, title, or interest in and to said facilities or any part hereof. ` E. The life of this contract shall be five (5) years and it is understood � that any obligation on the part of the City to make any refunds here- under shall cease upon the expiration of five (S) years from the date of execution of this contract, except for refunds 'due from "per connection charges" on sanitary sewers and from "front foot charges" on water mains, both of which refunds may continue to be made for a period of ten (lO) years after the date hereof, as elsewhere provided herein It is understood by and between the parties hereto that any of the facilities or requirements included herein to be performed by developer ot completed within the five (S) year period, may be completed by t ^'^-p City at the developer's expense, and the City of Fort Worth shall not be obligated to make any refunds due the developer on any facility constructed under this agreement until all provisions of the agreement are fulfilled. F. Performance bonds, certificates of deposit, letters of credit or cash deposits are required for streets, storm drains and street lights, and must be submitted prior to execution of the contract for installation of community facilities by the City. The bonds should be standard ' perfor- mance bonds as provided by a licensed surety company (on forms provided by that surety company) ; a cash deposit may be made in the Treasury of the City of Fort Worth; or a certificate of deposit or IV � l ` ' . , letter of credit may be from any financial institution in Fort Worth which is insured by the Federal Deposit Insurance Corporation the Savings and Loan Insurance Corporation. The City of Fort Worth cannot pay interest on any deposit made hereunder in the Treasury of the City of Fort WorCh~ When the option is exercised to provide a certificate of deposit in a flnancia| institution, the following terms and cond|t|ons shall apply: (a) The developer shall execute four ��\ copies of a letter � assigning the deposit to the City Worth' 'mf Fort Worth and providing for the City to withdraw the deposit if neces- sary to complete construction. Such letter of assignment must be accepted in writing by the financial institution. (b) Upon satisfactory completion of the facilities for which the deposit is made as security, the City of Fort Worth shall reassign the deposit to the developer) including accrued interest or dividends thereon` upon express order of the City Manager. When the option is exercised to provide a letter of credit from a f/nanc a: i | institution, the form of the letter shall be approved by the D t Law. The international letter of credit form used by banks ep�rment of �oceptab|e~ /s normally Performance bonds, certificates of deposit, letters of credit or cash deposits will be furnished as required below: a� (a) 100 percent of the estimated developer's share of the cost of the storm drain. ` (b) 20 percent of the estimated developer's cost of streets for amounts between $O and $35,000, or ^ $5,000 plus 15 percent of the estimated developer cost for amounts between $35,000 and $50,000, or $8,750 plus lD percent of the estimated developer cost 'o' r amount between $50,000 and $100,000, or $13,760 plus 5 percent of the estimated developer cost for amounts over $100,000. (c) 100 percent of the developer's share of the cost of street lights. (d) A cash payment or certificate of deposit is needed for that portion of developer's share of border streets that cannot be assessed. For construction of water and/or sanitary sever f-~ao| ||tYes' a certificate of deposit, letter of c re dit ' or cash deposit (providing for part| '/d raw i ngs), in the name of the City, shall be furnished to the City as set out below: where the developer lets the contract, l�O percent of the est|mated contract cost of construction, as stated in the construction ' . . '. contract, is required simultaneous with execution of the construction contract; or, where the City lets the contract 100 percent of the we|oper's share of the construction contract °cost is required pr|e r �- issuance of a work order by the City. p �o G. This contract) any part hereof, or any interest herein shall � -n t be by developer without written consent of the City Manager" and is further agreed that such written consent will not be granted for the assignment, transfer, pledge and/or conveyance of any refunds due or to become due to developer except that such assignment, transfer' pledge and/or conveyance shall be for the full amount of the total of all such refunds due or to become due hereunder. H. On all facilities included in this agreement for which the deve|o awards his own construction contract, the developer agrees to fo| ( per following procedures; ow ��e (1 ) If the City participates in the cost of the facilities, the e construction contract must be awarded after advertising in local newspaper at least one time not less than two weeks pr/or to the date of receipt of sealed bids as required by State statutes prescribing regulations for for public work~ The sealed bids m us t b e opened ln the presence of a representative of the City. (3) To employ a construction contractor who is approved by the Director of the department having jurisdiction over the facility to be so constructed, said contractor to meet City's requirements for being insured, licensed and ` bonded to do work in public streets, and to be qualified in all respects to bid on public projects of a similar | nature. /3\ To require the contractor to furnish to the City payment, ` performance and maintenance bonds in the name of the City for 100 percent of the contract price of the faci||ty, said bonds to be furnished before work is commenced T' further require the contractor to provide public ||ab'�| it� insurance. � (4) To give 48 hours notice to the department having juris- diction of intent to commence construction of the facility so that inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install any sanitary sewer storm drain, or water pipe unless a responsible Cit ' inspector is present and gives his consent to proceed �n� to make such laboratory tests of materials being ' ~ eng used as may be required by the City. � (5) To secure approval by the Director of the department having jurisdiction of any and all -partial and final payments to the contractor, said approval is made, in . . ' accordance with requirements of this agreement, and is not to constitute approval of the quantities on which payment 7s based. (G) To delay connections of buildings to service lines of sewer and water mains constructed under this contract until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. " (7) It is expressly understood by and between the developer and the City of Fort Worth, that in the event the de- veloper elects to award one single construction contract for all facilities, water and sanitary sewers, storm drainage and pavement, shall be separated in the bidding and City participation, if any, shall be limited to the lowest possible combination of bids as if each of the above were awarded as separate contracts. | . Anything to the contrary herein notwithstanding, for and in considera- tion of the promises and the covenants herein made by the City, the Developer covenants and agrees as follows: (1 ) The Developer shall make separate elections with regard to water and/or sanitary sewer facilities, storm drainage and street improvements and street lights as to whether the work prescribed herein shall be performed by the City, its Contractor, or by the Developer's Contractor. Each such separate election shall be made in writing and delivered to City no later than six (6) months prior to the . expiration of this agreement. In the event any of such separate elections has not been so made and delivered to | City by such date, it shall be conclusively presumed that the Developer has elected that such work be performed by ' the City in accordance with all of the terms of this agreement, and in particular Paragraph |V-F hereof. (3) Irrespective of any such election and whether the work is to be performed by the City, its Contractor or by the Developer's Contractor' the Developer covenants and agrees to deliver to the City a performance bond or a cash deposit in lieu thereof in accordance with the provisions of Paragraph |V-F of this agreement. (3) in addition to the bond or deposit required in the pre- ceding paragraph, in the event Developer elects that the work be performed by the City, or its Contractorr, or such election is presumed as provided above, the Developer covenants and agrees to pay to the City his share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections |, 11 and I | f hereof, based upon the lowest responsible bids for such work as determined by City, or upon a cost estimate for work to be performed by City forces prepared by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the subject. Such (4) 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 claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, this agreement or the construction of the improvements or facilities described herein; and in addition the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents and employees from and against all claims, suits, or causes or action or any nature whatsoever brought for, or on account of any injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its Contractors, Subcontractors, agents or employees. (5) Developer covenants and agrees that it discriminates against no individual involving employment as prohibited by the terms of Ordinance No. 7278 (as amended by Ordinance No. 7400) , and ordinance prohibiting discrimination in employment practice because of race, creed, color, religion, national origin (except for illegal aliens), sex or age, unless sex or age is a bonafide occupational qualification. Developer further covenants and agrees that no labor organization, subcontractor or employment agency, either furnishing or referring applicants to such developer, nor any agent of developer is discriminating against any individual involving employment as prohibited by the terms of such Ordinance No, 7278 (as amended by Ordinance No. 7400) . J. The attached exhibits Appendix x/Y/, /\, A-1 and location map are made a part hereof for all intents and purposes. K. Venue of any action brought hereafter shall be in Fort Worth, Tarrant County, Texas. ' ' 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 City Manager, attested by its City Secretary, with the corporate sea/ of the City affixed, and said Developer has executed this h��trument� in � at Fort Worth, Texas this the day of , 19 fl . � ATTEST: CITY OF FORT WORTH, TEXAS By /J�ilck W. Green Robert L. Herchert [X|ty Secretary City /Manager APPROVED AS T0 FORM AND DEVELOPER: LEGALITY: QUINN L. CORPORATIO By City Attorney P re's|dent � ATTEST: By: APPROVED BY CITY COUNCIL City Secretary Date IV-6 APPENDIX "A" COST ESTIMATE SUMMARY PROJECT TIMBER R I DGE, PHASE II CON PERFORMAN TRACT SECTION DEVELOPER CITY TOTAL GUARANTY Section I Water $ 13,600 $ -0- $ 137600 -0- Sewer $ 7,200 $ -0- $ 7,200 $ Section 11 1 . Storm Drains N/A Construction N/A N/A N/A Design Eng. ti Eng' & Admin. 2 Interior Streets N/A Construction N/A N/A N/A Design Eng. Eng. & Admin. 3. Border Streets (Assessment Paving) N/A Construction N/A N/A N/A Design Eng. Eng. & Admin. Section III Street Lights N/A N/A N/A N/A L $ 20,800 $ -0- 20,800 -0- *Non-refundable deposit for assessments as outlined in Section II (Performance Bonds and Letters of Credit are unacceptable) 4--15" TIMBER RIDGE APPROACH SEWER / CAST IRON UNDER CHANNEL JOHN T. WHITE ROAD / 8° LINE V I EGRET DRIVE I z z a W W I-,"S.S.-,ch � 0 MACAW DRIVE I � 1 i I ®® 1 I LEGEND EXISTING PROPOSED ---�--- 0 SANITARY SEWER 8; MANHOLES NORTH 1"a ! 190 0 100 200 wale (� TIMBER RIDGE PHASE It SEWER SYSTEM Farrington and Associates,Inc. EXHIBIT A MAL CM engineering / urban planning and design 4410 w.vtcbery blv4i:/fort worth,texas 76107/(817)738.5431 F 8 A 800072 i 00M T WHITE ROAD //--�- EGRET DRIVE / to 8° 0 1 O 1 6" AMM"AA�W DRIVE e I LEA EXISTING PROPOSED -- LINE ®►'°�'® C.V. HYDRANT MORTH 100 ® go0 200 f i , WATER SYSTEM TIMBER RIDGE PHASE II EXHIBIT A-1 Pi aMel9fo®and&nodaf cs,Inc. as w" / wbm p .na d"lp 41!10 V.►lckcry ilW l jarr vsrl$,[sxar 76107/(81 y)7!6•5f31 F&A •OWK NORTH NOT TO SCALE wi z �- JOHN T. WHITE ROAD O cv Go O I'TIMBER PROJECT PHASE I SITE 1 H 30 LOCATION MAP TIMBER RIDGE PHASE II Fa ringfon and Associafes,Inc. cW wome&e / urban planning and aesipn 4410 w.otckery a►ht I fore word,texas 76107!(817)7!8.5431 F &A 900076 t i City of® Fort Worth, Texas Mayor and Council Comm'unicati®n DATE NUMBER REFERENCE SUBJECT: Contract for the Installation of PAGE 3/4/81 *C-5560 .Community Facilities, Timber Iof 1'Ri4ge Phase IT Quinn La Corporaion, acting by and through So Mark Lovell, its duly authorized President, the ieveloper 'of Tirpr er Ridgy $'base II, has executed a proposed ; . contract for the installation of comrgiinit} facilities to: serve the area 'shown on the attached maps. The estimated cost of the communit.l facilities is as follows ails} subject to actual bid,-pricee Developer :City Total Sanitary Sewers $ ;7,2p0 -0- $ 7,200 Water X3 '60 " -0 13,600 Total $20,800 -0- $20,800 i Water facilities and sanitary 5eti?ers will die itistalle4 6 accordance with standard policies for the ii1stallatign of cbmm4nity facilities. The contract does not have any City participation in the cost of comfiunity facilities. Therefore', no bond fund transfer is proposed. Plan Commission.-Approval On September 24, 1980,, the City Plan Commission approved the preliminary plat (UR-80-30) for Timber Ridge Phase II Addition. A final plat (F-80-62) has been submitted to GLLy staff for review. Recommendations It is recommended that the. City Manager be authorized to execute the Community Facilities agreement with the developer, Quinn Lo Corporation. GG:lr Attachment SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: ❑ APPROVED ORIGINATING L ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Joe Bilardi CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Jack. Tuomey, ext. 8178 DATE