HomeMy WebLinkAboutContract 15249 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § CITY SECRETA
CONTRACT
COUNTY OF TARRANT §
WHEREAS, Murray Development Company hereinafter called "Developer" ,
desires to make certain improvements to Summer Creek Offsite Sewer Mains ,
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 John Roach, its duly
authorized President, and the City, acting herein by and through David A.
Ivory, its duly authorized Assistant 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:
SUMMER CREEK ADDITION
OFF-SITE SEWER MAIN
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
- , 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 --- The estimated cost of
these service lines is $ None The City agrees to
record the location of each said service line in respect to the corner
of the lot served, and to repair 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
Dollars ($ None )•
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 may. The
estimated cost of these service lines is $ None The Cit
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 Five Hundred Sixty-one Dollars ($ 561 ,175 ) •
Thousand, One Hundred Seventy-five
F. Prior to the award of the construction contract by the City, or the
commencing 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 (1001) 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
(b) One hundred percent (1001) 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 (101) of the calculated front foot charges for lots
contained in the development served by such approach water
main facilities; and
1-1
• v va u au at va�u ua aaLL 11 1
OFF-SITE SEWER MAINa
(c) One hundred percent (100X) of the cost of all approach
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 development serviced by such approach
sanitary sewer facilities.
(2) An additional ten percent (10%) 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 percent (100%) of the 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.
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:
(1) Water Facilities:
Estimated
Developer Estimated Total
Cost City Cost Cost
(a) Mains: Within Development -0- -0- -0-
Approach -0- -0- -0-
(b) Services ( None ) -0- -0- -0-
Sub-Totals, Water -0- -0- -0-
(2) Sanitary Sewer Facilities:
(a) Mains: Within Development -0- -0- -0-
Approach (1) $512 ,200 $48 ,975 $561 ,175
(b) Services ( None ) -0- -0- -0-
Sub-Totals, Sewers $512 ,200 $48 ,975 $561 ,175
Grand Totals $512 ,200 . $48 ,975 $561 , 175
(1) Cost difference between 30"/27" sewer line and 24" sewer line as shown belo�
4 , 509 LF of 30" sewer line x ($38-$29) = $40 ,581
4 , 197 LF of 27" sewer line x ($31-$29) = $ 8 ,394
1-2 T&T,975
d
SUIVIIl�I{ C11la'7;: 1hi I'i'IU:�
Off-Site Sc v"or Bain
fl . The above charges do not include any "ver connection" charges for con-
nection to existing or proposed sanitary sewer mains constructed or to
be constructed under the provisions of the "APPROACTI KAIN OPTION" as
described in Sub-Paragraph (3) , IV-7 of the Policies and Regulations
for "INSTALLATION OF COMMITNITY FACTLITIES" adopted ,January 1 , 1972.
These additional charges are as follows!
Not applicable to this Contract XKXXXXXXXXX
Applicable to this Contract in the amount of
by Ordinance leo. dated
When water facilities are installed by contract, installation of water
cervices will he included as part of the contract . Installation of
meter boxes on those services may be done by the City, after comple-
tion of construction of all relative curb and gutter work on the water
facilities project site, at a cost of $70/$135 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 . 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 to City standards.
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 adiust-
ment 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 1-F and/or 1-G
above), but based on actual vuantities as reflected in the final esti-
mate 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 cus-
tomary procedures. In the event the difference in the deposit and the
actual costs exceeds $25, 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 .
J. 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 sever
facilities shalt cease upon the expiration of two (2) years from date
hereof, except for refunds due from "per connection charges" on sani-
tary severs and from "front foot charges" on water mains, both of
which refunds may continue to be made for a period of ten (10) years
after the date hereof, as elsewhere provided herein. Tn the event
water and/or sanitary sewer facilities work is not completed with the
two (2) year period. City may, at its election, complete such work at
Developer's expense.
j�• The Deyeloper shrill be �P e5 ons hle at "is sole cgs' and expense,r � 4 p for the
design and preparation of contract docu,,.1ents for the proposed Lift Station
and Force Main (shown on Exhibit A) , to be constructed by the City.
1-3
SUMMER CREEK ADDITION
OFF-SITE SEWER MAIN
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 .
RE ED:
Rich rd W. Sawey, D recto
Water Department
Date: 71J,1A,
I-4
II
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 facilities 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.
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, 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. The life of this contract shall be two (2) years and it is understood
that any obligation on the part of the City to make any refunds
hereunder shall cease upon the expiration of two (2) years from the
date of execution of this contract, except for refunds due from
"per connection charges" on sanitary sewer and from "front foot
charges" on water mains, both of which refunds may continue to be
made for a period of ten (10) years ; provided, that if the con-
struction 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 up-dated
agreements being in compliance with the policies in effect at that
time. Developers must recognize that City funds may not be avail-
able 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 in-
cluded 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, and 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 .
II-1
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 install-
ation of community facilities by the City. The bonds should be stan-
dard performance 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 letter of credit may be from any financial institution in Fort
Worth which is insured by the Federal Deposit Insurance Corporation
or the Federal 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 Worth.
(a) The developer shall execute four (4) copies of
letter assigning the deposit to the City of Fort
Worth and providing for the City to withdraw the
deposit if necessary 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.
1 . When the option is exercised to provide a certificate
of deposit in a financial institution, the following
terms and conditions shall apply:
(a) The developer shall execute four (4) copies of
letters assigning the deposit to the City of
Fort Worth if necessary 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, express under order of the
City Manager.
2. When the option is exercised to provide a letter of
credit from a financial institution, the form of the
letter shall be approved by the Department of Law. The
international letter of credit form used by banks is
normally acceptable.
3. Performance bonds, certificates of deposit, letters of
credit or cash deposits will be furnished as required
below:
II-2
(a) 100 percent of the estimated developer's share
of the cost of the storm drain.
(b) 100 percent of the estimated developer's share
of the cost of streets.
(c) 100 percent of the estimated developer' s share
of the cost of the street lights.
(d) A cash payment of the developer' s share of the
cost of the project is required prior to initia-
tion of construction of water and sanitary sewer
facilities.
(e) A cash deposit, bond or Letter of Credit
acceptable to the City for the developers cost
of paving a border street on an assessment basis
(Reference Section VI, Item 3, Development Pro-
cedures Manual) .
4. For construction of water and/or sanitary sewer facili-
ties, a certificate of deposit, letter of credit, or
cash deposit (providing for partial drawings) , in the
name of the City, shall be furnished to the City as set
out below:
(a) Where the developer lets the contract, 100 per-
cent of the estimated contract cost of construc-
tion, as stated in the construction contract, is
required simultaneous with execution of the con-
struction contract ; or,
(b) Where the City lets the contract, 100 percent of
the developer's share of the construction con-
tract cost is required prior to issuance of a
work order by the City.
G. This contract, any part hereof, or any interest herein shall not be
assigned by developer without written consent of the City Manager,
and it 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 developer
awards his 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 awarded after adver-
tising in a local newspaper at least one time not less
than two weeks to the date of receipt of sealed bids as
II-3
contracts for public work. . The sealed bids must be
opened in the presence of a representative 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 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 facility, said bonds to be furnished before work is
commenced. To further require the contractor to pro-
vide public liability insurance.
(4) To give 48 hours notice to the department having juris-
diction of intent to commence construction of the
facility 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
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 is made, 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 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, 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.
T. Any thing 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 :
11-4
(1 ) The Developer shall make separate elections with regard
to water and/or sanitary sewer facilities, storm drain-
age, 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 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 II-F hereof.
(2) 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 II-F of this agreement.
(3) In addition to the bond or deposit required in the
preceding paragraph, in the event Developer elects that
the work be performed by the City, or its Contractor,
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 I hereof, based upon the lowest responsible
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 . Such estimated payment shall be made promptly
upon demand by City, it being contemplated that such
payment will be made after 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 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
of 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
11-5
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.
(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 pro-
hibited by the terms of such Ordinance No . 7278 (as
amended by Ordinance No. 7400) .
J. The attached exhibits Appendix "A"; A 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.
II-6
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 instr went in
quadruplicate, at�t Worth, Texas this the �—�- day o f
, 1
ATTEST: CITY OF FORT WORTH, TEXAS
t'�— Z
By 2��Q ,
'Ruth Howard David A. Ivory
City Secretary Assistant City Manager
APPROVED AS TO FORM AND DEVELOPER:
LEGALITY:
MURRAY DEVELOPMENT COMPANY
6 .
y _
William W. Wood 75ff n Rb-a
Assistant City Attorney President
Date: – 17- 8 G ATTEST:
A r
Contract Authorization
Date
II-7
APPENDIX "A"
COST ESTIMATE SUMMARY
PROJECT SUMMERCREER OFFSITE SEWER MAINS
PERFORMANCE
CONTRACT SECTION DEVELOPER CITY TOTAL GUARANTY
Section I
Water $ -0- $ -0- $ -0- $ -0-
Sewer 512,200 48,975 561,175
TOTAL $ 512,200 $ 48,975 $ 561,175 $
* Developer shall deposit 100% of approved bid.
� r EXISTING 27 SAN. S' 'ER .
r W �
LEGEND
RALL I EXISTING GRAVITY
J RANCH SANITARY SEWER --�-——'
PROPOSED GRAVITY
-PROP ?1"5.5. SANITARY SEWER
PROPOSED SANITARY
` DIRKS ROAD SEWER FORCE MAIN
( 100% CITY)
P.:OPOSED' WWCR
'--LINE A� LIFT, STATION ���.••�•�
(100% CITY).
}PROP. 300 S.S
SCALE 1`=l000, t
OWNER:
A.M. PATE, JR. I E �� ••
�1iT A _
SANITARY SEWER
r / PROP 30"S.S.
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OWNER:'E'SYSTEMS
PROPOSED FORCE PROP WS-S.
MAIN BY CITY ` / , M
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PROP. 12 AS.S.
,� / ESTEMS
T.E.S.C.O.�
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WEST CLE
OWNER
SD RICHARDSON PROPOSED SEWER �
PROP. 12"S.S.
FODATION LIFT STATION BY CITY '
IN
LINE 'C'
OWWERt PROP. 30"SS. „
U.S. CORP OWNER:
OF [NSINE�Q BUFORD SCOTT
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1
GENERA4, IIONTY MAP -SUMMER CR K SANITARY SEWER
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: CONTRACT FOR THE INSTALLATION OF I PAGE
NUMBER COMMUNITY FACILITIES SUMMER CREEK1
8-5-86 **C-9796 OFFSITE SEWER MAINS 1 °`--
Recommendations
It is recommen ed that:
1) The following bond fund transfer by approved:
From To Amount Reason
Ug-713901-00-652164 08-M3141-00-652164 W_,_§75 To pr ivo de funds for City's
Unspecified Summer Creek Mains share of sewer main con-
A.B.C.D. struction
2) The City Manager be authorized to reimburse the developer for the City's
share of cost for sanitary sewer improvements upon satisfactory completion
of the same; and
3) The City Manager be authorized to execute the Community Facilities
Agreement with the developer, Murray Development Company.
Discussion
Murray evelopment Company, acting by and through John Roach, its duly
authorized President, the developer of Summer Creek Offsite Sewer Mains , has
executed a proposed contract for the installation of community facilities to
serve the area shown on the attached maps.
The estimated cost of the community facilities is as follows and subject to
actual bid price:
Project Cost and Financing Developer Cit Total
Sanitary ewers . . . . . . . . . . T , _ . . $ R. 75 $=, 75
Total . . . . . . . . . . $512,200 . . $ 48,975 $561,175
Sanitary sewers will be installed in accordance with standard policies for the
installation of community facilities.
The contract includes City participation in the cost of sewer. Bond Fund
transfer as shown in the recommendation, will be necessary from sewer Fund 08,
Project No. 013901-00, Index Code 652164, Unspecified (in which sufficient
funds are available). This transfer will be to Fund 08, Project No.
023141-00, Index Code 652164, Summer Creek Mains A, B, C and D in order to
finance the City's portion of this contract.
Plan Commission Approval
On March 28, 1984and November 27, 1985, the City Plan Commission approved the
preliminary plats (P-84-12 & P-85-74 and 74R respectively) for Summer Creek
Addition.
DAI -dm
SUBMITTED FORIHG
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: C APPROVED
ORIGINATING [ OTHER (DESCRIBE{
DEPARTMENT HEAD: Joe Bi 1 ardi CITY SECRETARY
FOR ADDITIONAL IyFOPfAOTION
CONTACT: �J 1 y 8178 DATE