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SECTION ONE
CITY SECRETARY /
COMMUNITY FACILITIES AGREEMENT CONTRACT No. Ao
to install
WATER AND SEWER SERVICES
for
Northwest ISD 12" WATER LINE
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 SEWER FACILITIES to serve the lots as shown on the
attached Exhibit A-1 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 $ 25,500. 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 Eight Hundred Twenty-
three Thousand, Eight Hundred Fifteen Dollars ($823,815) .
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 $ 0. 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 0
Dollars 0).
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PROJECT NAME: NORTHWEST ISD 12" WATER LINE
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-B 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:
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PROJECT NAME: NORTHWEST ISD 12" WATER LINE
(1) WATER FACILITIES :
Estimated **
Developer Estimated Total
Cost City Cost Cost
(a) Mains, Within
Development $ 392,710 $ -0- $ 392,710
Approach $ 400,670 $ 30,435 $ 431,105
(b) Easements* $ -0- $ -0- $ -0-
(c) Services $ 25,500 $ -0- $ 25,500
(3-3" & 3-2" )
(d)Park Participation $ -0- $ -0- $ -0-
Sub-Totals, Water $ 818,880 $ 30,435 $849,315
(2) SANITARY SEWER FACILITIES:
(a) Development $ -0- $ -0- $ -0-
Approach $ -0- $ -0- $ -0-
(b) Easements * $ -0- $ -0- $ -0-
(c) Services $ -0- $ -0- $ -0-
(d)Park Participation $ -0- $ -0- $ -0-
Sub-Totals, Sewer $ -0- $ -0- $ -0-
(3) TOTAL
CONSTRUCTION COST: $ 818,880 $ 30,435 $ 849,315
(4) CONSTRUCTION
INSPECTION FEE : $ 16,377 $ 609 $ 16,986
*to be dedicated by the developer.
** see Page 1-4 for City Cost
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** CITY PARTICIPATION BREAK-DOWN FOR:
PROJECT NAME: NORTHWEST ISD 12" WATER LINE
OVERSIZED WATER MAIN
(Developer pays up to 10" water line; City pays the difference between 12"/10"
water line, gate valve and fittings)
12"/10" Water Line ($34-$30)
6,250 L.F. x $4.00 = $ 25,000
12"/10" Bore & Case ($225-$250)
200 L.F. x ($ 25) = ($ 5,000)-
12"/10" Gate Valve ($1,200-$1,000)
17 Each x $ 200 = $ 3,400
12"/10" Fittings ($3,500/Ton)
2.01 x $3,500 = $ 7,035
Subtotal $ 30,435
* 10" bore cost is more than 12" bore per bid tab.
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
=$30,435
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PROJECT NAME: NORTHWEST ISD 12" WATER LINE
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:
1. Applicable to this Contract in the amount of $ N/A.
by Contract No. N/A dated N/A
Applicable CFA Name N/A
Date: N/A Number N/A
I. 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
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PROJECT NAME: NORTHWEST ISD 12" WATER LINE
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.
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:
Dale A. Fisseler. P.E.
Water Director
Date
1-6
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General Conditions
The Northwest ISD shall pay a construction inspection and materials testing fee in the
amount of two percent (2%) cost of the water improvements, payable within ten (10) days
from the date of approval of this contract by the City Council of the City.
1. The Northwest ISD agrees to install or cause to have installed, the water
improvements shown on the attached Exhibits"A", in accordance with plans and
specifications prepared by The Northwest ISD's engineer and approved by the
City Engineer.
2. The Northwest ISD agrees to install, adjust or cause to be installed or adjusted, all
of the required utilities to serve the development. The Northwest ISD further
agrees that before commencing construction the City will be provided
Performance and Payment bonds equal to 100% of the construction costs and a
one-year Maintenance Bond, all executed by the Northwest ISD's construction
contractor naming the City and Northwest ISD as dual obligees. The Northwest
ISD also agrees that no construction shall begin prior to the City Council's
approval of this Community Facilities Agreement, in accordance with Section
104.100 of City Ordinance No. 7234.
3. The Northwest ISD hereby agrees and binds itself to provide all necessary right-
of-ways and/or easements required to construct the water improvements in
lengths, widths, and locations as approved by the City Engineer.
4. The Northwest ISD agrees to submit plans and specifications prepared by an
approved Professional Engineer, registered in the State of Texas, proficient in
Civil Engineering, for the improvements required under this agreement. Such
plans shall be in compliance with the policies, ordinances, and rules of the City of
Fort Worth, and are subject to approval by the City Engineer. After said plans are
approved as witnessed by the signatures of the City Engineer and of the Deputy
Director of the Water Department, Northwest ISD Engineer shall provide the City
one (1) set of reproducible approved plans, plotted x-sections, and specifications;
and nineteen (19) copies of the plans and eight (8) sets of the specifications and
contract documents (four (4) unexecuted, 2 executed and 2 conformed sets).
Additional sets of plans and/or specifications may be required for other
departments and/or agencies depending on the project.
5. The Northwest ISD agrees that all improvements to be constructed hereunder will
be subject to inspection and approval by the City Engineer, and require any
contractor who will be involved in any earthwork within any future public right-
of-way, to notify the Department of Engineering, Construction Services Division,
before any work takes place and to require all earthwork to be done in accordance
with the City of Fort Worth Standard Specifications to the satisfaction and
approval of the City Engineer or his representative.
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6. The City's participation in the costs shall be as shown in Section I (Water and
Sewer Services). In no event shall the City be liable to Northwest ISD for any
payments in excess of the City's estimated participation unless and until there is
separate and formal approval by the City Council to pay such excess amount.
7. Upon completion of these facilities, it is agreed and understood that Northwest
ISD's estimated participation in the costs as may be indicated in this contract,
shall be adjusted to equal the final costs, except that the City shall not be
obligated to make any participation until all facilities required under all sections
of this agreement have been completed to the satisfaction of the City. No refund
of less than $25.00 will be made. In the event the difference in the deposit and
actual cost exceeds $25.00, Northwest ISD agrees to pay to the City any
underpayment and the City agrees to refund any over payment to Northwest ISD.
9. Northwest ISD shall require its contractor shall give 24-hour notice to the
Construction Engineer so that inspection personnel will be available. No work
shall begin until the assigned inspector is present and gives his consent to
proceed.
10. Approval by the City Engineer shall not constitute or be deemed to be a release of
the responsibility and liability of Northwest ISD, its engineer, employees, and
agents for the accuracy and competency of their designs and specifications. Such
approval shall not be deemed to be an assumption of such responsibility and
liability by the City for any defect in the designs and specifications prepared by
the consulting engineer, his agents and employees, it being the intent of the
parties that approval by the City Engineer signifies the City's approval on only the
general design concept of the improvements to be constructed. In this connection
and in so far as permitted by law, Northwest ISD shall for a period of ten (10)
years after the acceptance by the City of the completed construction project
indemnify and hold the City and all of its officers, agents, servants and employees
harmless from any loss, damage, liability or expense, on account of damage to
property and injuries, including death, to all persons which may arise out of any
defect, deficiency or negligence of the engineer's designs and specifications
incorporated into any improvements constructed in accordance therewith, and
Northwest ISD shall defend at its own expense any suits or other proceedings
brought against the City and its officers, agents, servants and employees, or any of
them on account thereof, to pay all expenses and satisfy all judgments which may
be incurred by or rendered against them or any of them in connection therewith.
Nothing contained herein shall be construed so as to require Northwest ISD to
levy, assess and collect any tax to fund its obligations under this paragraph.
11. Prior to beginning any work, Northwest ISD agrees to certify in writing that it has
appropriated sufficient funds to pay its contractor(s) for all work to be performed.
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12. On all facilities included in this agreement for which Northwest ISD awards its own
construction contract, it agrees to the following procedures:
a) The construction contract must be advertised, bid and awarded in accordance
with State statutes prescribing the requirements for the letting of contracts for the
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.
b) 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.
C) Northwest ISD further shall require the contractor to provide public liability
insurance in the amounts required by the City's specifications covering that
particular work.
d) 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
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.
e) 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.
f) To delay connections of buildings to service lines of water mains constructed
under this contract until the water mains and service lines have been completed to
the satisfaction of the Water Department.
13. The attached Exhibits 114 and Location Map are made a part hereof for all
intents and purposes.
14. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
15. The City's Policy for the Installation of Community Facilities, as adopted by the City
Council on September 1992, is hereby incorporated herein by reference, and
Northwest ISD 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.
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 Northwest ISD has executed
this instrument in quadruplicate, at Fort Worth, Texas this the 20 day of June , 2000.
. APPROVED AS TO FORM AND RECOMMENDED:
LEGALITY:
i
Gary J. einberger DA F sseler, P.E.
Assistant City Attorney Director, Water
Department
TEST: CITY OFFO T W T , TEXAS
By
Gloria Pears Mike Groomer
City Secret ry Assistant City Manager
1,9 Develop
contract Authorization
By:
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City of Fort Worth, Texas
imavor And Council com"U"icatio"
DATE REFERENCE NUMBER LOG NAME PAGE
6/20/00 C-18094 1 60NWISD12 1 of 1
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH NORTHWEST INDEPENDENT
SCHOOL DISTRICT FOR THE INSTALLATION OF A 12-INCH WATER MAIN
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Northwest Independent School District for the installation of a 12-inch water main.
DISCUSSION:
The Northwest Independent School District (NWISD) has executed a proposed contract for installation
of a 12-inch water main to serve its campus located in northwest Fort Worth, west of FM 156 and south
of FM 114. The NWISD needs a 10-inch main, but the City requires an upgrade to a 12-inch main, to
provide additional capacity to the adjacent area in Fort Worth.
Estimated Cost-
DEVELOPER CITY TOTAL
WATER $400,670 $ 30,435 $431,105
INSPECTION $ 8,013 $ 609 $ 8,622
TOTAL $408,683 $ 31,044 $ 439,727
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water Fund.
MG:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
Originating Department Head: CITY COUNCIL
Dale Fisseler, 8207 (from) JUN 20 2000
PW77 539140 060770156620 $30,435.00 �J
Additional Information Contact: city�j►�,, �,,,,,�J
Dale Fisseler 8207 cuy or tort Worth.Taxes