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