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HomeMy WebLinkAboutContract 26769 SECTION ONE COMMUNITY FACILITIES AGREEMENT to install CITY SECRETARY CONTRACT NO. WATER AND SEWER SERVICES for SUMMER CREEK RANCH LIFT STATION AND 10-INCH FORCE MAIN 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: FORCE. MAIN FACILITIES serve the lots as shown on the attached Exhibit A, and LIFT STATION 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 construction cost of the force main facilities herein concerned, is estimated to be Two hundred and two thousand four hundred and ninety-three Dollars ($202,493) . C. The construction cost of the lift station facilities to be installed hereunder, is estimated to be Two hundred ninety-five thousand Dollars ($295,000). D. 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) One hundred percent (100%) of the Developer's cost of 10-inch force main and Summer Creek Ranch lift station facility. (2) A construction Inspection Fee equal to two (2%) of the Developer's actual cost share of the construction cost of the water and/or sanitary sewer facilities. [ECOND �C STV tE� Q G�� PROJECT NAME: SUMMER CREEK RANCH LIFT STATION AND 10-INCH FORCE MAIN E. The distribution of estimated construction cost between the City and the Developer, as per paragraph 1-F above, for all facilities to be constructed hereunder is estimated as follows: (1) SANITARY SEWER FACILITIES: (a) 10-inch Force Main $ 202,493 $ -0- $ 202,493 Summer Creek L.S. $ 295,000 $ -0- $ 295,000 (3) TOTAL CONSTRUCTION COST: $ 497,493* $ -0- $ 497,493 (4) CONSTRUCTION INSPECTION FEE : $ 9,950 $ -0- $ 9,950 • see Section M for additional developer contribution concerning Richardson Slough. H. 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-E 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. ORNAL RECORD UY NCIRY WOOI-2 I(B o V�.�, RX.X. PROJECT NAME: SUMMER CREEK RANCH LIFT STATION AND 10-INCH FORCE MAIN K. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that in the event the above 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. M. In addition to the performance and payment guarantees being made by Developer to the City pursuant to the requirements of this Community Facilities Agreement in connection with the construction of the Summer Creek Ranch Lift Station and 10" Force Main described above, Developer shall also provide a financial guarantee to the City in the amount of$500,000 representing Developer's maximum portion of costs for the construction of improvements to the Richardson Slough Lift Station to be designed and constructed by the City. City and Developer mutually agree that the Developer's allocable portion of costs for the construction of such improvements to the Richardson Slough Lift Station ("Developer's Portion of Costs") shall be 52.36% of the cost for pumps and motor equipment and 37.38% of the remaining costs to construct the Richardson Slough Lift Station. Developer's financial guarantee may, at Developer's option, be in the form of cash, escrow pledge or bond and shall be submitted at the same time the financial guarantees are submitted to the City pursuant to this Community Facilities Agreement for the Summer Creek Ranch Lift Station and 10" Force Main improvements described above. Developer will be required to submit cash, if other financial guarantee is provided at this time, no later than four (4) weeks after receipt of written notification from the City that a final construction bid has been accepted for the construction of improvements to the Richardson Slough Lift Station. The cash amount required to be submitted at that time will be based on the Developer's Portion of Costs (e.g., 52.36% of the cost for pumps and motor equipment and 37.38% of the remaining costs) times the actual accepted bid price for the construction of the Richardson Slough Lift Station but shall be no more than $500,000. Contemporaneously with the submittal by Developer of such cash amount, any bond or amounts initially escrowed by Developer shall be returned to Developer. In the event Developer fails to pay cash to the City as provided for above, City shall be entitled to draw upon the 1-3 U Un L' �'8��� Yk�lld8 bond or escrowed funds as the case may be; provided, however, that the amount to be drawn shall be calculated as stated above and shall not exceed $500,000. In the event that the City does not construct the improvements to the Richardson Slough Lift Station on or before five (5) years from the date of this Community Facilities Agreement, then Developer shall be permitted to (a) cancel any bond previously provided to the City as a financial guarantee of Developer's Portion of Costs, (b) terminate any applicable escrow pledge and receive any monies previously escrowed by Developer in order to guarantee Developer's Portion of Costs, or (c) promptly receive a reimbursement from the City of any and all cash previously submitted to the City in order to guarantee Developer's Portion of Costs. RECOMMENDED: Ar Dale A. Fisseler, P.E. Water Director g-1iy10/ Date 0�CW4,11 VIEI-0 D T M` ply �r rr� IrG. I-4 .��a 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. For any project estimated to cost less than $10,000 or for any project designed to serve a single lot or tract, the developer may at his option request the City to provide the design engineering, and if 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 for such engineering services. C. 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 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 Transportation/Public Works Department Director, and/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 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. E. 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. 1 F. 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 or street, storm drain, street light and street name sign 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 shall have started within the two-year period, the life of 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. G. 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 theinstallaliQnf water and sanitary sewer facilities. MCUM VIECONp a. Where the developer lets the construction contract for water a d ,4 sanitary sewer facilities, performance and payment bonds e deposited, in the amount of one hundred percent (100%) of the 2 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. Types of Guarantees: a. Performance and Payment Bonds: Are required for the construction of streets, storm drains, street lights, and street name signs, the following terms and conditions shall apply: (1) The bonds will be standard performance and payment bonds provided by a licensed 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 performance bond shall be payable to the City and shall guarantee performance of the water and sewer construction contemplated under this contract. (4) The Payment Bond shall guarantee payment for all labor, materials and equipment furnished in connection with the water and sewer construction contemplated under this contract. (5) 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 exceedh;_ j ( shown on the Treasury list for that company, 1;3°°�`� ='� � Ro wovcng TV. b. Cash Deposits: A cash deposit shall be acceptable with verification that an attempt to secure a bond has been denied, such deposit shall be made in the Treasury of the City of Fort Worth. The City of Fort Worth will not pay interest on any such cash deposit. (1) At such time that the contract is bid for projects other than assessment projects, the cash deposit shall be adjusted to one 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 twenty five percent (25%) shall be considered the developer's change order fund. (3) If the developer makes a cash deposit with the City, the developer may make timely withdrawals from the cash funds in order to pay the contractor and/or subcontractor based on amount of construction work completed as approved and verified by the City Engineer or authorized representative. For projects whose actual total contract cost is $400,000 or greater, such release of security shall equal the percentage of work completed for that period multiplied by ninety-five percent (95%). This percentage shall be applied to the actual current total contract cost to determine the amount that may be reduced upon request of developer. For projects whose actual total contract cost is less than $400,000, such release of security shall equal the percentage of work completed for that per "'lied by ninety percent (90%). This percentage shall 4o� lied 4 &G to the actual current total contract cost to determine the amount of security that may be reduced upon request of developer. The remaining security, five percent (5%) for projects of $400,000 or greater and ten percent (10%) for projects less than $400,000 together with the remaining funds from the Developer's Change Order Fund, if any, will be released to the developer after the project has been accepted by the City. Partial release of funds shall be limited to once per month. There shall be no partial release of funds for projects of less than $25,000. Proof that the developer has paid the contractor shall be required for partial releases. 5. Purpose, Term and Renewal of Guarantees: a. Performance and payment 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 performance and payment 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 performance and payment bonds or cash for 100 percent of the estimated total construction cost of the improvements [plus ten percent ,, � engineering and miscellaneous costs if the City prepares the plans] " �G�D 5 � ' �I � 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 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 t tests,, materials being used as may be required by the City- 6 Cf fv 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 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 be CC C�:'R) RY 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 Paragraph V-F 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 « 5» hereof, based 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 employees, of the City. 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. subcontractors, agents or employees, whether r , of _ " o i $ a Re Wt+',�� N66 whole or in part, by the negligence of officers, agents, or employees of the City. 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). 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 September 1992, 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. 9 stir r 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 h s execute this instrument in quadruplicate, at Fort Worth, Texas this the day offs , 2001 APPROVED AS TO FORM AND RECOMMENDED: LEGALITY: Gary J. Steinberger Daa A. Fiss I r, P.E. Assistant City Attorney Director, Water Department ATTEST: CITY OF FO O TH, TEXAS f Q By:. Moria PearsoMike Grvoomer City Secretar Assistant City Manager Developer: contract Authorization By: Developer Date CC0]EMD R � � � � City of Fort Worth, Texas 4vaffor and Council commmunlealflon DATE REFERENCE NUMBER LOG NAME PAGE 4/10/01 C-18547 60SUMMER 1 of 1 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH LUMBERMEN'S INVESTMENT CORPORATION FOR THE SUMMER CREEK RANCH LIFT STATION AND 10-INCH FORCE MAIN RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Lumbermen's Investment Corporation for the Summer Creek Ranch lift station and 10- inch force main. DISCUSSION: Lumbermen's Investment Corporation is developing a subdivision known as Summer Creek Ranch in southwest Fort Worth. It is constructing ten-plus phases in its Summer Creek Ranch development area located west of West Cleburne Road, and north and south of the future McPherson Boulevard (see attached map). A lift station and 10-inch force main will be required to serve Summer Creek Ranch Phases XIII, IV, and others, as well as areas to the east of West Cleburne Road. The Summer Creek Ranch lift station will pump into the existing Richardson Slough lift station located east of Benbrook Lake. Due to the additional load on the Richardson Slough lift station, the developer agreed to participate in the upgrading of pumps, motor equipment, and other costs up to $500,000. Also, Lumbermen's Investment Corporation has submitted a bond in the amount of $497,492.40 to cover the cost of the Summer Creek Ranch lift station and 10-inch force main. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that no funding is necessary for this 10-inch force main and Summer Creek Ranch lift station. A developers bond in the amount of $497,492.40 covers these two improvements. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: Dale Fisseler 8207 (from) APR 10 2001 Additional Information Contact: 4t',secr," Dale Fisseler 8207 city F=t