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HomeMy WebLinkAboutContract 27931COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. .(D19 ,, WHEREAS, The Heights Of Park Vista, Limited, By The General Partner, RMR Development, Incorporated, hereinafter called "Developer", desires to make certain improvements in Tarrant Park Vista, 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 worm in connection with said improvements, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Robert Ray, its duly authorized President and the City, acting herein by and through Mike Groomer, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: SECTION ONE COMMUNITY FACILITIES AGREEMENT to install WATER AND SEWER SERVICES for TARRANT PARK VISTA A. The City agrees 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 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 serve the lots as shown on the attached Exhibit A , and SANITARY SEINER FACILITIES to serve the lots as shown on the attached Exhibit Ant all in accordance with plans and specifications to be prepared by private engineers employed by the Developer and approved by the Water Department. B. The City agrees to allow the Developer to install, at his 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 A . The estimated cost of these service lines is $ 35,100. 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 Ninety Thousand, Six Hundred and Ninety Dollars ($90,690) . D. The City agrees to allow the Developer to install, at his 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 A-1 . The estimated cost of these service lines is $ 35,100. 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. E. The construction cost of the sanitary sewer facilities to be installed hereunder, exclusive of service lines and engineering, is estimated to be One Hundred, Seventy Thousand, Three Hundred and Ninety Dollars ($170,390). I-1 PROJECT NAME. TARRANT PARK VISTA F. Prior to allowance of the construction contract. by Developer, the Developer agrees to provide acceptable financial guarantee to the city for 100 percent of the construction of the construction costs along with payment of any Ordinance costs and fees that are applicable. Prior to the award of the construction contract by the City or the commencing of any work by the City or its contractors, the Developer agrees to pay to the City: (1) (a) One Hundred percent (100%) of the Developer's cost of all water and sanitary sewer facilities within the development, exclusive of engineering and service costs, sized to provide water and sanitary sewer service within the development. (b)One hundred percent (100%) of the Developer's cost of all approach water and sanitary sewer facilities outside the limits of the development sized to provide water and sanitary sewer service to the. development. (c) One hundred percent (100%) of the Developer's cost of any approach water main facility or water facility within the development that is 8-inches in size for non -industrial development and 12-inches in size for industrial development. (d) One hundred percent (100%) of the Developer's cost of any approach sanitary sewer main facility or sanitary sewer facility within the development that is 8-inches in size. (2) An additional ten percent (10%) of the total of the Developers cost of these water and sanitary sewer facilities, exclusive of cost of service lines, is required for design engineering if such engineering is performed by the City at the Developer's request. (3) One hundred percent (100%) of the Developer's cost of all service lines, estimated under 1-13 and 1-D above, in accordance with the provisions of the current Fort Worth City Code. (4) A construction Inspection Fee equal to two (2%) of the Developer's actual cost share of the construction cost (including all services) of the water and/or sanitary sewer facilities. G. The distribution of estimated construction cost between the City and the Developer, as per paragraph 1-F above, for all water and sanitary sewer facilities to be constructed hereunder is estimated as follows: I-2 PROJECT NAME: TARRANT PARK VISTA (1) WATER FACILITIES: Estimated ** Developer Estimated Total Cost City Cost Cost (a) Mains, Within Development $ 90,690 $ -0- $ 90,690 Approach $ -0- $ -0- $ -0- (b) Easements* $ -0- $ -0- $ -0- (c) Services 117 - single 1") $ 35,100 $ -0- $ 35,100 (d)Park Participation $ -0- $ -0- $ -0- Sub-Totals, Water $ 125,790 $ -0- $ 125,790 (2) SANITARY SEWER FACILITIES: (a) Development $ 115,865 $ 966 $ 116,831 Approach $ 49,879 $ 3,680 $ 53,559 (b) Easements* .$ -0- $ -0- $ -0- (c) Services (117 -4") $ 35,100 $ -0- $ 35,100 (d)Park Participation $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 200,844 $ 4,646 $ 205,490 (3) TOTAL CONSTRUCTION COST: $ 326,634 $ 4,646 $ 331,280 (4) CONSTRUCTION INSPECTION FEE: $ 6,533 $ 93 $ 6,626 *to be dedicated by the developer. ** see Page 1-4 for City Cost I-3 CITY PARTICIPATION BREAK -DOWN FOR: PROJECT NAME: 'TARRANT PARK VISTA OVERSIZED SEWER MAIN (Developer pays up to 8" sewer line; City pays the difference between 12"18"," sewer line. 12" 18" Sewer Line ($27-$25) 2,323 L.F. x $2 = $ 4,646 The cost difference is based on estimate only. Actual refund to Developer shall be based on plater and Sewer City Participation CFA Unit Prices attached herewith on page 1-5. TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT a $ 4,646 I-4 WATER Water and Sewer City Participation CFA Unit Prices Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6" Water Pipe $ 15.00 2 LF 8" Water Pipe $ 17.00 3 LF 10" Water Pipe $ 24.00 4 LF 12" Water Pipe $ 26,00 5 LF 16" Water Pipe $ 40.00 6 EA 8" Gate Valve w/Cast Iron box & Lid $ 676.00 7 EA 10" Gate Valve w/Cast Iron box & Lid $ 1,182.00 8 EA 12" Gate Valve w/Cast Iron box & Lid $ 1.223,00 9 EA 16" Gate Valve w/Cast Iron box & Lid $ 6,587.00 10 TN Cast Iron/Ductile Iron Fittings $ 2,969.00 Install 1" Air & Vacuum Release Valve 11 EA wNault $ 3,534.00 Install 4" blow -Off w14" Gate Valve & 12 EA Sump Manhole $ 3,624.00 SEWER Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6" Sanitary Sewer Pipe $ 24.00 2 LF 8" Sanitary Sewer Pipe $ 25.00 3 LF 10" Sanitary Sewer Pipe $ 26.00 4 LF 12" Sanitary Sewer Pipe $ 27.00 5 LF 15" Sanitary Sewer Pipe $ 28.00 6 LF 18" Sanitary Sewer Pipe $ 38.00 7 LF 21" Sanitary Sewer Pipe $ 45.00 8 LF 24" Sanitary Sewer Pipe $ 48.00 9 EA Standard 4' Diameter Manhole $ 1,293.00 I 10 EA Standard 5' Diameter Manhole $ 3,125.00 I-5 PROJECT NAME: TARRANT PARK VISTA H. The above charges do not include any front foot charges for connection to existing or proposed water and/or sanitary sewer mains constructed or to be constructed under the provisions of the "APPROACH MAIN OPTION" as described in Section III of the Policy for the "INSTALLATION OF COMMUNITY FACILITIES" adopted in September, 1992. These additional charges are as follows: {(460076) x 8.751LF= $6,708} for Connection to SHIVER (aka Shriver) ROAD water line. 1. Applicable to this Contract in the amount of $ 6,708 by Contract No. 23961 dated June 17,1998 Applicable CFA Name Trace Ridqe Phase 11A Date: 11/25/98 Number PW77-060770153380 . When water facilities are installed by contract, installation of water services will be included as part of the contract. Installation of meter boxes on those services may 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 $70/$135 per contract -installed charge to be due and payable prior to issuance of a Work Order on the water facilities installation contract. The above charges do not apply if the Developer elects to include meter box installation as part of the contract. However, meter boxes must conform City standards. J. Within a reasonable time after completion of the above referenced facilities to be constructed by contract awarded by the Developer, provided all conditions for City participation have been met, the City agrees to pay the Developer the "Estimated City Cost" set out in 1-G above; provided, however, that said payment shall be calculated using the actual construction costs and actual service costs under the provisions of the current Fort Worth City Code, (said payment to be calculated as in 1- G above), based on actual quantities as reflected in the final estimate paid to the Contractor by the Developer and 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 costs exceeds $25, Developer agrees to pay to the City and underpayment which said adjustment might indicate as being due, and the City agrees to pay to Developer any overpayment. Nei PROJECT NAME: TARRANT PARK VISTA K. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. In the event water and/or sanitary sewer facilities work is not completed within the (2) year period, City may, at its election, complete such work at Developer's expense. L. 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 not include any change in scope of the project. RECOMMENDED: --rDale A. Fisseler, P.E. Water Director Date rf/ f� /-9 ( I-7 ff r CL PP�K� GLEN 1 w 1 PRoJEcr I �F-SrIE1 a SHIVER I VICINITY MAP NO SCALE TARRANT PARK VISTA Carter m Burgess CARTER & BURGESS, INC. n7 NUN SmEr FORT WORTH, TX 76102 PROJECT NO. 010596010 PAGE 1 OF a IGGN-ai\job\ 010596\civ\5961cfo.dgn 9/19/01 9153%27 AM\\FW1-Fll\VOL1\APPS\CAONET\OUEUE\M8000_6.gcf 01\PL0T\HP8000_6\5961cfa1.MHS k I I 24 15 2 i 29 2 I I 2 I i I I 23 j 14 J 1 29 3 3 I zz I 1J Ci 4 27 4 4 I 1 1 21 12 5- I 26 5 I i 5 k + 11 6 6Ul Ip�i 6 { 20 I I f 25 I I f9 I 10 7 � 24 O r I I 7 to I_ L SENX7I L WAY— I 1 P3 a 1 If O a I 17 ' 22 9 19 r6 'J2 31 21 10 I 10 ' I l l� --,I 1501 i 33 30 I I 20 11 I I 11 14 ' 1 34 29 i I 19 !2 12 !3 35 r 28 II I 18 13 13 I � I 12 �I i 36 I 77 17 14 I i 14 i I jj I If I I 37 I 2fi I 16 15 jpie 5 1RAxzrso� ><Arr� I 10 1 38 I I I 1 14 23F22 21 20 19 18 !r I I a +I '° O 7 i 41 6 !� 42 I I I j 5 I 43 I I 4 I 44 I I I ` j � it 45 1 2 I 46 IN I r � 47 I I I Rr\Y WI•IITE TtGA X) _ Chu --1 x�►�x vzsTA r.Vn) EXIST 16—W --- f I s2 4F1 � I Q i s Ty Ij *1 SCALE1 1" = 'LUV' PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE INDICATED LEGEND PROP. WATER LINE — PROP. GATE VALVE --- PROP. FIRE HYDRANT EXIST. WATER LINE ------- EXIST. GATE VALVE ---- EXIST. FIRE HYDRANT ------ LIMITS OF PROJECT — — — — — -- WATER EXHIBIT 'A' TARRANT PARK VISTA Carter .1 Bess CARTER & BURGESS, INC. 777 F" STREET r01R WoRTKTx 76102 PROJECT NO. 010596010 !,\lob\ 010595\clv\5961ofa.dgn PACE 2 OF 7 1/ 19/ 01 9z63,33 AM \\ FW L -F 1 1\ VOL 1\ APPS\ CARNET\ QUEUE\ M8000 _6. qcf 01 \ PLOT\ HP8000 _6\ 596 I c Fa2. MHS I E PAGE 4 OF T 1 R OFFSITE SEWER 12" (!�*� — I-- 16 r �� 30 1 1 r5 2 I 14� � a 2 1 r--- 23 I_ 14 3 I f3 C 4 22 I _ --- -' zr 4 4 I i 7! I !2 6 i ?6 5 ' 5 20 j I rr 6 i 25 6 6 19 to 1a ® �SEN' zm WAY_ 10 1 23 I rr _` 22 9 9 O 76 31 ! 31 '! 21 r0 1 10 IIII 1 I 33 I 30 i 20 11 i r1 I I I I rd I I� 34 I i ' is f 29 2 r2 13 I as I 2e ra 13 r3 12 Psi I 36 27 I 1r rd I f 14 I rf 4 i � sr C 26 I �RA;e40r-D1s Imo) ® 10 I .78 25 — ® 16 YI J I I B 24 I 23 zz 2! 2a rs re !r I r I 41 I II 5 I� 43 I 4 + 44 I I I III J I1 I 3 i i 45 ! I l 2 I 46 I 1— J _(kU•IYrnE PARK VISTA >:tl.N WIE F,0AD (FUTUM PARK VISTA BLVDj [}-- — t 25 tlG`' !'T 29 2? 1 N ui t ) t,,rtMr tdh,E _ �._....._. I � .4 ........ (�kT goo `..-- 21 2 S,�RE t i ?0 3 ll t 14 4 I ^ *1 SCALEI I" = 200' LEGEND PROP. SANITARY SEWER PROP. MANHOLE EXIST. SANITARY SEWER -- ---- — EXIST. MANHOLE --- rl — LIMITS OF PROJECT PROPOSED SEWER LINES ARE 8" UNLESS OTHERWISE INDICATED SANITARY SEWER EXHIBIT 'A 1' TARRANT PARK VISTA Carter m Burks CARTER & BURGESS, INC. 777 N.UN SMEr FOIT WOUK T% 76102 PROJECT NO. 41O5966io ob\ 410596NClV\596I0fo.d9n PAGE 3 OF 7 a/ 19/01 91 53: 37 AM\\FW1_F11\ VOL 1\APPS\CADNET\OUEUE\M8000_G. qcf OL\PLOT\HP8000_6\5961cfa3. MHS 4 •1 � N 4 r 4 5 4 ;EVF.LOPMERT, INC. �p Mph �GHL 1 LEGEND 4ITARY SEWER MOLE INITARY SEWED MOLE r PROJECT *1 ;ALEi I" = 200' (OFFSITE) SANITARY SEWER EXHIBIT 'A-1' TARRANT PARK VISTA Carter is Burgess I 1 I 1 I 1 1 1 1 1 I CARTER & BURGESS, INC. 1 m AWN gnu 1 "I WOUH, Tx 7,5101 j PROJECT *NO. 010596010 1 1 >10596\clv\5961cfa.dgn PAGE 4 OF 7 1 I 1/19/01 9153142 AM\\F4l1_Fll\VOL-1\APPS\CADNET\QUEUE\M8000_6.gcf 0:\PL0T\HP8000_6\5961cfe4.MHS ti ,1 16 r 30 , f r� 24 15 2 `I 29 2 I; z 2J I •I 1* 3 If 28 3 3 I 22 ` !3 C 4 2T / i I 21 � 12 5 . / ;1 26 20 .I ! ! 6 25 6 6 t !9 !0 T 24 O T r 9 8 -�I I [a �� WAY � 23 6 e f p 8 17 I' - - r 22 y ( g ( 1 16 32 3f 21 10 = 10 15 O 33 I 30 - 20 14 J4 29 14 12 12 j r 13 ' 35 28 18 fY fa 12 O 36 2r 1T 14 14 11 3T I f6 1.5 i 15 1 RAYMOND to is 16 25 1 93924 j 27 22 21 20 19 )d 1T 40 I T ---- 41 �•� _- — I I 6 I 42 I 4 44 3 i 4s I r. I 2 46 I 1 4? i ` ` s` '` •I `.. I RAY wkT['Fk ROAD r PARK VISTA 13LVD) RAY W1-IrrFR ROAD (1-Ul.'crRP PA12K Vf%-rn BLVD3) r 23 22 Y tgi 1 rr :. w vys4t<� t6—A / I Rx1 ' — 1 21 SCALEi 1" = 200' LEGEND PROP. 29' B-B ROADWAY ROADWAY/ 50' ROW PROP. 1/2 4 1 ' B/ B ROADWAY/60' ROW W/ 5.5' TEMPORARY ASPHALT LIMITS OF PROJECT PROP 27' B/B ROADWAY/120' ROW PROPOSED 4' SIDEWALK .................................... STREETS EXHIBIT 'B' TARRANT PARK VISTA f 0 a Carter n Bums tj 1 I CARTER & BURGESS, INC. r/r AM MEr i roirr wo,E K 1x 76102 4 PROJECT NO. 010596010 0CN=q1\1qb\ 010596\clv\5951cPo.dgn PAGE 5 OF 7 1/ 19/01 9% 53r 46 AM\\FW1_F11\VOL1\APPS\CADNET\OUEUE\MB000_6. qcf 0l \PLOT\HP8000_6\5981 cf85. MHS 36„ s r I 24 ! r5 2 23 f4 I 1 22 I I l3 C { r 21 I l2 5 20 If 6 I I I — !s I I r0 7 I 5' SO. MH 15, MFuw-� — 44" I 15' 30 f1 I 29 2 I I 28 a 27 4 26 5 25 6 24 O 7 l8 �9— — 0 I 23 @ p 1 8 j 1 _ f ►►e777 ` I 17 I SF.I[ WAY 22 y ' I 9 ©� r6 32 I ar — I 21 rO 10 15' I - as J0 I i 20 if I I f! I 14 I I a4 I 29 i I 19 12 I J2 ! f3 I 35 I 2@ I 18 !2 I I 36 27 I !7 14 I - i 14 !! I 37 I 26 16 f5 15 I IIII I I I I 1 r0 38 25 RAYMON D LANE J6 I I I 8 I 24 ~' �{ � p7, 23 22 2! 20 f9 l8 17 1 40 1 6 � 42 s I ~ ! ! I I I 43 I 1111 1 4 44 I I I 3 I i 45 I 1 2 I 46 I I I 2-6' X4' MBC 47 TYPE A HEADWALL I I I_ I RAY WFrill ROAD (FU7f27ItE PARK VISTA BUID) AY wI�TI ROAD( Tr1I PARK VISTA �r vn� l -_ --- - - - ._. . - - - - —_ _ _ - 25 A g l3 2J 22 '� ! �l10S 24 20 _�.............� 9 SCALE! 1" = 200' LEGEND PROP. STORM DRAIN LINE PROP. INLET PROP. MANHOLE PROP. HEADWALLqp = EXIST. STORM DRAIN LINE LIMITS OF PROJECT — —b -- — STORM DRAIN EXHIBIT `B--I` Carter m Burgess CARTER & BURGESS, INC. 777 AWN MEET FORT WOMTX 16102 PROJECT NO. 010596010 \lob\ 010596\clv\59G1cia.dgn PAGE 6 OF 7 ,'19/01 9153l5L AM\\FW1-F11\VOL1\APPS\CAQNET\OUEUE\M8000-6.gcf 01\PL0T\HP8000_6\5961cfa6.MHS ATTACHMENT A GENERAL REQUIREMENTS 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 Texas, for the design and preparation of plans and specifications for the construction of all current improvements covered by this contract, subject to Paragraph B. B. In the event the developer employs his own engineer to prepare plans and specifications for any or all current improvements, the plans and specifications so prepared shall be subject to approval by the department having jurisdiction. One (1) reproducible set of plans with 16 prints and 6 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 Transportation/Public Works Department Director, and/or Water Department Director will be final. C. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove 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. D. It is further agreed that the decision of the City to not collect funds for "future improvements" required in previous CFA agreements does not constitute an obligation on the part of the City to construct such "future improvements" at its expense. E. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. If the construction under the Community Facilities Contract 1 shall have started within the two-year period, the life cif the Community Facilities Contract shall be extended for an additional one-year period. Community Facility Contracts not completed within the time periods stated above will require renewal of the contract with all updated agreements being in compliance with the policies in effect at the time of such renewal. Developers must recognize that City funds may not be available to pay all or a portion of the normal City share for renewal contracts. It must be understood by all parties to the Community Facilities Contract that any of the facilities or requirements included in the contract that are to be performed by the developer, but not performed by the developer within the time periods stated above, may be completed by the City at the developer's expense. The City of Fort Worth shall not be obligated to make any refunds due to the developer on any facilities constructed under this agreement until all provisions of the agreement are fulfilled. F. PERFORMANCE AND PAYMENT GUARANTEES 1, For Water and Sanitary Sewer Facilities: Performance and payment bonds, or cash deposits, acceptable to the City are required to be furnished by the developer for the installation of water and sanitary sewer facilities. a. Where the developer lets the construction contract for water and sanitary sewer facilities, performance and payment bonds shall be eposited, in the amount of one hundred percent (100%) of the estimated cost of construction, cash deposited shall be in the amount of one hundred twenty-five percent (125%), as stated in the construction contract, is required to be furnished simultaneous with execution of the construction contract. b. Where the City lets the contract, performance and payment bonds shall be deposited, in the amount of one hundred percent (100%) of the estimated cost of construction as stated in the construction contract, is required prior to issuance of a work order by the City. 4. Tvr)es of Guarantees: Irk r a. Developer Bonds: Are required for the construction of water and/or sewer, the following terms and conditions shall apply: (1) The bonds will be standard developer bonds provided by a iicu sed surety company on forms furnished by that surety company. (2) The bonds will be subject to the review and approval by the City Attorney. (3) The bond shall be payable to the City and shall guarantee performance of the water and sewer construction contemplated under this contract and shall guarantee payment for all labor, materials and equipment furnished in connection with the water and sewer construction contemplated under this contract. (4) In order for a surety company to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. b. Cash Deposits: A cash deposit shall be acceptable with verification and such deposit shall be made to the City of Fort Worth. The City of Fort Worth will not pay interest on any such cash deposit. (1) The cash deposit shall be adjusted to onv. hundred twenty five percent (125%) of the actual bid price. No contract shall be awarded and no work order shall be issued until such adjustment is made. (2) When a cash deposit is made, the additional twenty-five percent (25%) beyond the one hundred percent (100%) of the estimated developer's share represents additional funds for change orders during the course of the project. This 3 INTER -OFFICE CORRESPONDENCE DATE: August 21, 2001 TO: Frank Crumb, Assist Water Director FROM: Dale A. Fisseler, Water Director SUBJECT: COMMUNITY FACILITIES AGREEMENT FOR THE INSTALLATION OF WATER AND SEWER FACILITIES to serve TARRANT PARK VISTA Attached is a copy of the water and sewer portion of the proposed subject agreement as L.equested in your memorandum dated June 11,2001 i D ale A. Fi eler, P.E. Director Water Department twenty five percent (25%) shall be considered the developer's change order fund. C. Escrow-Pledaes d. Pledge Agreements e. Letters of Credit f. Completion Aqreements 5. Purpose, Term and Renewal of Guarantees: a. Developer bonds, and cash deposits furnished hereunder shall be for the purposes of guaranteeing satisfactory compliance by the developer with all requirements, terms and conditions of this agreement, including, but not limited to, the satisfactory completion of the improvements prescribed herein, and the making of payments to any person, firm, corporation or other entity with whom the developer has a direct contractual relationship for the performance of work hereunder. b. Developer shall keep said developer bonds, and/or cash deposits in full force and effect until such time as developer has fully complied with the terms and conditions of this agreement, and failure to keep same in force and effect shall constitute a default and breach of this agreement. H. The City shall assume its share of the cost of the improvements covered by this agreement along with the engineering fee only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City a developer bonds or cash for 100 percent of the estimated total construction cost of the improvements [plus ten percent (25%) for engineering and miscellaneous costs if the City prepares the plans]. I. On all facilities included in this agreement for which the developer awards its own construction contract, the developer agrees to follow the following procedures: 1. If the City participates in the cost of the facilities, the construction contract must be advertised, bid and awarded in accordance with State statutes prescribing the requirements for the letting of contracts for the 4 construction of public work. This includes advertising in a local newspaper at least twice in one or more newspapers of general circulation in the county or counties in which the work is to be performed. The second publication must be on or before the tenth (10th) day before the first date bids may be submitted. The bids must be opened by an officer or employee of the City at or in an office of the City. 2. 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 right of way. 3. To require the contractor to furnish to the City payment, performance and maintenance bonds in the names of the City and the developer for one hundred percent (100%) of the contract price of the facility, said bonds to be furnished before work is commence. Developer further shall require the contractor to provide public liability insurance in the amounts required by the City's specifications covering that particular work. 4. To give 48 hours notice to the department having jurisdiction of intent to commence construction of the facility so that City 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 paving, sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being 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 shall be subject to and in accordance with requirements of this agreement, and is not to constitute approval of the quantities of which payment is based. 6. To delay connections of buildings to service lines of sewer and water mains constructed under this contract until said sewer and water mains 5 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 developer elects to award one single construction contract for storm drainage and pavement, said contract 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. J. Anything to the contrary herein notwithstanding, for and in consideration 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, street improvements and street lights as to whether the work prescribed herein shall be performed by the City, or by its contractor, or by the developer, through its contractor. Each 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 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. 2. Irrespective of any such election and whether the work is to be performed by the City, or by its contractor or by the developer through its contractor, the developer covenants and agrees to deliver to the City a performance and payment guarantee in accordance with the provisions of this agreement. ' 3. In addition to the guarantee required in the preceding paragraph, in the event developer elects that the work be performed by the City, or by the City's contractor, or such election is presumed as provided above, the developer covenants and agrees to pay to the City the developer's share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections a 5» hereof, based A upon the lowest responsive bid for such work, as determined by City, or upon a cost estimated 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 work. Such estimated payment shall be made promptly upon demand by City, it being understood that such payment will be made after the receipt of bids for work, but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. 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 and against any and 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, whether or not caused, in whole or in part, by the negligence of officers, agents, or emr)lovees, of the Citv. 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 of any nature whatsoever brought for, or on account of any injuries or damages to properly safeguard the work or an account of any act, intentional or otherwise, neglect or misconduct of the developer, its contractors, subcontractors, agents or employees, whether or not caused, in whole or in part, by the negligence of officers, agents, or employees of the Citv. 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), an 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, 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). fd 0 K. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. L. The City`s Policy for the Installation of Community Facilities, as adopted by the City Council on March 20,2001 in M&C G-13181, is hereby incorporated herein by reference, and Developer covenants and agrees to comply with said Policy as a condition of this contract and as a condition to the platting of the subject property. Developer and City agree that this Agreement represents the complete and exclusive statement of the mutual understandings of the parties and that this Agreement supersedes and cancels all previous written and oral agreements and communications related to the subject matter of this Agreement. 8 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 seal of the City affixed, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the (2)day of -ILk a , 20 U. APPROVED AS TO FORM AND RECOMMENDED: LEGALITY: Gary J.tteinberger Assistant City Attorney ATTEST: Ploria Pearso City ecreta y Gont:ract: Authorization - -• L 1111 ---- Date Dale A. Fisseler, P.E. Director, Water Department CITY OF FORT ORTH, TEXAS By- MarcA. Ott Assistant City Manager Developer: /f4i��rr rd At I/4-6 Z,,I By: A7 Title of Represen ative for Developer CAAt4-&/ Pr{neI 9 o M ; City, q ' ort Worth, Texas "aylor n Council Communication QATF REFERENCE Nt]MBFR LOG f�JA#A1 PA�� 11 /6101 C-188 7 50VI TA I I of U13JF-CT COMMUNITY FACIUTIES AGREEMENT WITH THE HEIGHTS OF PARK VISTA, LIMITED, BY THE GENERAL PARTNER, RMR DEVELOPMENT, INC. FOR CONSTRUCTION OF WATER AND SEWER SERVICES TO SERVE T RRANT PAR VISTA ADDITION, WEST OF RAY WHITE ROAD AND SOUTH OF SHIVER ROAD IN NORTH FORT WORTH RECOMMENDATION - It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with The Heights of Park Vista, Limited, by the General Partner, RN1R Development, Inc. for the installation of water and sewer services to serve 117 lots of Tarrant Park Visto AddiFion located west of Ray White Road and south of Shiver Road in north Fort Worth. DISCUSSION; The developer of Tarrant Park Vista Addition has executed a proposed contract for community facilities tc) serve a single-family development located west of Ray White Road and south of Shiver Road in north Fort Worth (see attached map). Additional developments are planner) due to the availability of sewers in this area obtainable by this contract. The total cost for water and sewer improvements for this development is $337,906. The City will participate in the cast For increasing the capacity of sewer pipes from an 8-inch diameter to a 1 -inch diameter, based on the Water and Wastewater Installation Policy. The total cost for water and sewer improvements includes easements and construction inspection fees. ESTIMATED COST R PraiBC1 Cock Developer Total Onsite Water $126,790 -9- $1 5,790 Off site Sewer $ 49,879 $3.680 $ 53,559 Beyer $150,965 966 $151, 31 Easements -0- _p_ _0_ Inspection 6.533 $ 6.626 Total $333,167 This development is located in COUNCIL DI TRiDT 4. $337,906 City of Fora Worth, Texas quasar and Council Communication 1]A'r'F- REFERENCE NUMBER LOGNAME FAGS 'l11 /01 -188 T I 60VISTAk of SUBJECT COMMUNITY FACILITIES AGREEMENT WITH THE 14EIGHTS OF PARK VISTA, LIMITED, BY THE GENERAL PARTNER, RMR DEVELOPMENT, INC. FOR CONSTRUCTION OF WATER AND SEWER SERVICES TO SERVE TARRANT PARK VISTA ADDITION, WEST OF RAY WHITE ROAD AND SOUTH OF SHIVER ROAD IN i NORTH FORT WORTH FISCAL INF0RMATIONIOERTIFICATION: The Finance Director certifies that funds are available In the current capital budget, as appropriated, of the Sewer Capital Pro] ects Fund_ MG,k Submitted for City Manager's FUND ! ACCOUNT omeo by: 1 (tu) - Mike Groomer 6140 Origiinatlug Dnpar et Se0d: Dale Flmoler Additlannt In Formation Conincl; Date F1sgetc[ 17 (from) 8207 f CENTER I -AMCWT CITY SECRV ARY Anoonv5 CITY COUNCIL q 0v 6 Zol 04-b11&%Lft4-'0 G1#} Sac.�rn1#ry a� the k' �t y of 'a�! V9�o#th. %1" INTER -OFFICE CORRESPONDENCE DATE: August 21, 2001 TO: Frank Crumb, Assist Water Director FROM: Dale A. Fisseler, Water Director SUBJECT: COMMUNITY FACILITIES AGREEMENT FOR THE INSTALLATION OF WATER AND SEWER FACILITIES to serve TARRANT PARK VISTA Attached is a copy of the water and sewer portion of the proposed subject agreement as L.equested in your memorandum dated June 11,2001 i D ale A. Fi eler, P.E. Director Water Department