HomeMy WebLinkAboutContract 28458!,/ � �. /,
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COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS �
COUNTY OF ��ARRANT §
City Secretary
Contract Na. �� ��
WHEREAS, 5coit Communiti�s Devefopers LP., hereinafter ca[led
"Developer", desires to make certain impro�emen#s Bond`s Ranch Offsite
Sanitary Sewer, for an addition to the City of Fort Worth, T�xas; artd
WHEREAS, the said Developer has requested the City of Fort Worth, a
municipal corporation of Tarrant and Denton Counties, Texas, hereinafter called
"City", to do ce�tain work in connection witf� said improvements;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That 5aid Developer, acting herein by and fhroug� Jesse F�ores , its duly �
aufhorize� President and tf�e City, ac#ing herein by and throuc�h its duly
autharized Assistant City Manager of Infrastr�cture, for and in considerat�on of
�he co�enants and conditions contained her�in, do hereby agree as follows:
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SECTION ONE
COMMUN�TY FACILITIES AGREEMENT
to instalf
WATER AND SEWER SERVICES
for
�0��'� 4��4NC�1 AD�ITIOPI ����I�'L SFIIV�R
A. The City agrees to permit the Developer ta let a contract for, in accordance
with its accepted practices, ordinances, regulations, and the provisions of
the City Char�er, and subject io the requirements ofi the City's Charter, ar�d
subject to the requirements of the City's Policies ar�d Regula�ions fior
Installation of Community Facili�ies, all as current at the time of installation:
!!�►ATI�R �ACI�I�I�S serve the lats as shown on the attachad Exhibit A,
and SANIiARY S��1�� �'A,CELIiI�� to serve fhe lots as shown on the
attached Exhibit Ao1 ali in accordance with plans and specifications ta
be prepared by pri�ate engineers employed by the Developer and
approved by �h� Water Department.
B. The Cify agrees to allnw the De�eloper fio insfa[i, at his expense, at ti�e
time all other water mair�s in this addition are installed, a service line for
�ach lot as shown on the attached Exhibit �1 . The estimated cost of
thes� service lines is $ 0. Tf�e City agrees to record the location of each
said service line in respect to the corner of #he lot served, and to retain said
records in fts possession.
C. The construction cost of the water facilities herein cancerned, exclusive of
service lines and �ngineeri�g is estimated to be iVo Do[lars �}0 .
D. The City agrees to allow the Developer to install, at his expense, at fihe
time a11 o�her sanitary sewer mains in this addition are installed, a service
line for each, fot as shawn o� the attached Exhibit �eo1 . The estimated
cost of these service lines is $ D. The City agrees to record the location of
each said service line irt respect to the corr�er of fhe lat served, an� ta
retain said records in its �ossession.
E. The construction cost of the sanitary sewer facilities to be instalfed
hereunder, exclusi�e of service lines and en�ir�eering, is estimat�c� �o be
�ne Million, �our Hundred IVinetv�one Thousand, Six bundr�d �ightv-
Seven �ollars, ($1,491,���').
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�ROJ�Ci P��It��: ���1�'S R/�IVCb ADDiiIOf� OFFSIi€ S�V�l�R
F. Prior to allowance o'F the construc#ion contract by De�eloper, the Dev�loper
agrees to provide acc�ptabl� financial guarantee to tYte cify for 10D pereer�t
of ihe construction costs along with payment of any Ordinance cos�s and
fees that are applicable. Prior to the award af th� canstruction contract by
�he City or the commencing af any worK by the Cify or its contractors, the
Developer agrees to pay to the City:
(1 j(a) One Hundred percent (10D°/Q) of the Developer`s cost of all water
and sanitary sewer facilities within the developmen#, exclusiv� of
�r�gineering and service costs, siz�d �o provide water and san�tary sewer
service within the c�evelopment.
(b}One hundred percent (1Q0%} of �he De�eloper's cosi of all
approach water and sanitary sewer faciliti�s outside �he limits of the
development sized to provide water and sartitary sewer service to the
developmer�t.
(c} One hundr�d percent {100%) of the Develo�er's cost of any
approach water main facility or water facility within fhe development that is
8-ir�ches in size for non-industrial d�velopment and 12-inches in size for
industrial developrnent.
(d}One hunc�red percent {1Q0%) of the Developer's cost of any
approac� sanitary sewer main facili#y or sanitary sewer facili�y within the
de�elopment that is 8-inches in size.
(2} A change ir� t�e contract shal! require a�aore for the sewer �o
proceed ur�der an existing tefephone line. T�e amount of the change
ar�er will be $5,250. ft is understood the Developer wi�l show proo� they
made a good faith �ffart to co�lect firom the franchis� utility company
whose fine actually was 1 a�eet outside of their easement.. If the
Developer is ur�able to collect from the franchise utility company, the Ci�y
of Fort Worth agrees to pay half af the change order cost, in the amount
of $2,625, af�er notificafion of the good faith effor� results.
{3) One hundred percent (100%) of the Developer's cost of all service
lines, estirrma#ec! under 1-B and 1-D above, in accordance wifh the
provisions of the current Fort Wo�th City Code.
(4) A consfruc�ion Inspection Fee equal to two {2%) ofi the Developer's
actua! cost share of the construction cost {incl�din� all services) of t�e
water andbr sanitary sewer facilities_
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G. The distribution of es#imated constructior� cost between #he City and the
Developer, as per paragraph 1-F above, for all water and sanitary sewer
facilities ta �e constructed hereunder is estimated as follaws:
��OJ�Gi Nr4iV➢�: ��N�'S �ofVCb �.D�IiIQR! OFFSI�'� S�l�V�R
(1y 1�1lAi�R Frr4CILt1"ILS :
Estimated **
Develaper Estima#ed Total
Cost City Cost Cost
(a) Mains, Wifhin
Devefopment $ -0- $ -0- $ -0-
A}�proach $ -0- � $ -p- $ �fl�
{b} Easements* $ -0- $ -Q- $ -0-
(c} 5er�ices
0 - sangle 1 ") $ -0- $ -D-
(d}Park Participation $ -0- $ -0-
Sub-Totals, Wa�er $ -0- $ -0-
(2} S�f�IY�RY 5�11l�€�R FAG1LIif�S:
(a} De�efopmen� $ -0- $ -0-
ApproacF� $ � ,122,052 $ 369,fi35
(b) Easements * $ -D- $ -0-
(c} Services ( D ��"} $ -0- $ �0-
(d}Park Participation $ -0- $ -0-
Sub-To�als, Sewer $�, � 22,D52 $ 369,635
(3} iOTAL
COfVSYRUCiIQfV COST': $ 1,�22,052 $ 369,635
(4? COiVS`TF�UCTIQN
INISP�CiIOiV �E� : $ 22,441 $ 7,393
� Paid by the de�eEop�r.
'�* see Page I-4 far City Cost
$
$
$
$
$
�
$
$
$
$
$
..p..
-0-
'�
-Q-
1,491,6$7
-a-
�0-
..p_
1,491,687
1,49 � ,687
29,834
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** CITY PARTICIPATION BREAK-DOWIV FOR:
PROJ�C� i�,���: �OI�D'S R�4f�CFi A��t�'ION OI�I�'SIT1� S�IiVE�
SANITARY SEWE'R COST SHARE
(Developer �ays fior � 5", � 8", 2'I ", and the City pays the pipe size difFerence for
24"115", 27"118°, and 36"/29" .
24"115" sewer pipe ($64.35-$54.35)
4,349 L.F. x $10 = $ 43,�90
27"118" sewer pipe ($71.35-$63.35)
1,172 L. F. x$8 = �$ 9,37fi
36°121" sewer pipe ($2�3.35-$130.35)
3,�83 L.�. x $83 = $ �9l,3�9
Std. 5'14' Diamefer Manhofe ($2,30Q-$2,000)
2� EA. x $300 = $ �,�00
extra depth for Std. 5'14' Diameter Manhole ($170-$125}
159 L.F. x $45 = , $ i,1 ��
steel cs� for 36"121 ". sewer pipe {$175-$145}
60 L.F. x $30 = $ 1,�UD
$ 367,p'1 U
bore under existing telephane cable
1� L.F. x$350 x.5 = $ 2,fi2�
The cost difference is based an estimate only
�OTA� CI�'Y ��oRiICIPAT'IOIV �OR IIVpe�'�FC D�Pt4Fi7��fV�
� $ 36�,010 � � �,6�5 0 $369,fi3�
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��iOJ�Ci [�AIV�E: ��R�9'S R�4NGb r4DDITlOf� �3�'�SI1 E S�If'��R
H. The above charges do r�o� includ� any front.foat charges for connection to
existing or praposed water andlor sanitary sewer mains constructed or to
be constructed under the pro�isions of the "APPROACH MAIN OPTI�N"
as descri�ed in Sectian I ll af tf�� Policy for the "f NSTAL�.AT14N OF
COMMUNfTY FACILITIES" ado�ted in April 20Q1. Due �o an a�reement
with the develop�rs of Harbour View Estates who granted the easement
far the offsite sewer, there wifl be no front foo# charges assessed on ihose
areas of the offsite sanitary sewer crossing property of Harbour Monticello
Estates, Ltd. de�eiopers.
I. When water facilities are installed by contract, installa�ion of water
S@IViG�S will be included as part af th� contract. lnstallation of ineter
boxes on those services may be done by the City, a�ter completion of
constructian of all relative curb and gutter work on the wa#er facilities
project site, af a c�st of $701$135 per contract-installec4 charge to be due
and payable prior to issuance of a Work Orc�er on the water facilitjes
installation contract. The above charges do not appfy if the Developer
elects to include meter box instaflafion as part of the contract. However,
meter boxes must conform City standards.
J. Within � reasonable time after completion of the abo�e re�erenced
faciiities to be constructed by contract awarded by the Develope�-,
�ro�ided ali conditior�s for City participation ha�e been met, the Ciiy
agrees to pay the Developer the "Estimat�d City Cast" set out in 1-G
abo�e; provided, howeve�, that said payment shall be calculated using the
actual construction costs and actual service costs under the pro�isions of
the current Fort Worth City Code, {said payment �o be calculated as in 1-
G above), based an actual quar�#ities as reflected in fhe final estimate paid
#o the Contractor by the Devefoper and ort the act�al records ofi cost kept
by the Ci#y as a part ofi its custamary procedures. fn the event the
difference in the depos�f and the actual cosis exceeds $25, Developer
agrees to pay io the City and underpayment which said adjustmen# migh�
ir�dicate as being due, ar�d the City agrees to pay to Developer any
overpaymen#.
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��o��cr ��n��: �o��'S RAf�Cb /�DDI�"lOf� ���5f`i� S�1�EF�
K. Vllork h�reunder shall be complet�d within two (2) years from date hereof,
and it is undersiood that any obiigation on tF�e part of the City to make any
refunds with respect to water andlor sa�itary sewer fiacilities shall c�ase
upon the expiration of two {2) years from date hereof, excepf for refunds
due from "fronf foot cha�-ges" on water and sanitary sewer mains, which
refunds may continue fo b� made for a period of ten (10) years
commencing on the date that approach mains are accepted by fhe
Director. If I�ss than 7D°10 of �he eligibfe collections due to the d�veloper
has been col4ect�d, the De�eloper may request in writing an �xtension of
up to ar� ac#ditional 10 years for collection of front charg�s. In the eve�t
water andlor sanitary sewer facilities work is not completed within the (2)
year perioc�, City may, ai its �lection, complete such work at Developer's
�xpense.
L. it is further agreed ar�d understood that any additional payment requ�red
of Developer is to cover onfy such additionaf work andlor materiafs as may
be made� necessary by conditions encauntered during construction, and
shall not inclu�e any change in scope of the project.
RECOMMENDED:
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�,G� ._..__-___- �
Dale A. Fisseler, P.E.
Wafer Director
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Da��
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����ewn���� �
�����,� ���u���nn���s
A. it is agreed and unders#ood by the parties here�o that the develo}�er shall employ a
civii engineer, licensed to practice in the State of Texas, for tf�e design and
preparati�n of plans and specifications for the construction of all curr�nt
improvemer��s covered by this con�ract, subject to Paragra�h B.
B. In th� event th� d�veiop�r employs his a�wn engineer to prepare plans and
specificatior�s far ar�y or all current im�rovements, tF�e plans and specifications so
prepared shall be subj�c� to appro�al by the departrr�ent having juris�iction. One (1 }
reproducible se� of plans with 16 prints and 6 specifications far each facili�y shall he
furnish�d the �epartment having jurisdictian_ It is agreed an� understood that in the
event of any disagreement on #he plans and specificatians, t�e decision of the
Transporta#ian/Public Works Depar�ment Director, andlor Water Department
Director will be final.
C. I# is further agreed and understood by the parties hereto that upon acceptance by
the City, title to all facilities and im�ro�ements mentioned hereinabove shail k�e
vested at all times in the City of Fort Worth, and de�eloper hereby relinquishes any
r�gh#, title, or ir�terest in and to said facilities or any part hereo#.
D. It is further agreed tF�at the decision of the City #o not collect funds for "future
improvaments" required in previous CFA agreements does not cons#itUte an
obfigation on the park of the C�#y to construct such "future improvements" at its
expense.
E. Work h�re�nder shall be compEeted within two (2} years from date hereof, and it is
understood that any obEigation on the par� of the City to make any refunds with
respect to water andlor sanitary sewer facilities shall cease uport the expiration of
twa {2) years from date hereof, except for refur�ds d�e from "fra�t foot charges" on
water and sanitary sewer mains, which refunds may conti�ue to be made for a
period of ten (10) years commencing on fhe da#e that approach mains are acceptec[
by the Director. I� less than 70°!0 of the eligible collec#ion� due to if�e developer has
been collected, the De�efoper may request in writing an �xtension of up to an
ac�ditional � 0 years for coElection of front charges. I# the construcfion under the
Community Facilities Contrac� shall have started within th� two-year p�riod, the life
of the Community Faeilities Cor�tract shall be extended for an additional ane-year
period. Community Facility Contracts not compl�ted within �he time perio�s stated
above wiq require renewal of th� contract with all updafed agreements being in
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comp�iance wi�h the po[icies in effect at the time of such renewal. Developers must
recognize that City f�nds may not be available to pay all ar a pnrtion of the r�ormal
City share for renewal contracts. I# must be understaod by afl parties to the
Community Facilities Contract that any of tYre �acilities ar requirements included in
the contract that are to be performed by the de�eloper, but not p�rformed by the
develaper within the �ime periods stated above, may be completed by the City at
the developer"s expense. The City of Fo�t Worth shall not be obligated to make any
refunds due to the developer on any facilities consiructed ur��er this agr�ement
untif all provisions of the agreement are fUlfi[fed.
F. PERFORMANCE AND PAYMENT GUARANTEES
1. �or 1lVafer and Sanitary Sev�er Facil"rties:
Performance ancf payment bonds, or cash deposits, acceptable to the Gify
are required to be fumisheci f�y #he developer for the installation of water ar�d
sanitary sewer facilities.
a. Where the d�v�loper lets the canstruction contract for wa�er and
sanitary sewer fac�lities, performance and payment bonds shall be
eposited, in the amount of one hundred percent (100%) of the
estimated cost of construction, cash deposited shal� be in the amount
of one hundred twenty-fi�e �ercent {125%), as stat�d in the
constructiari contract, is required to �e furnished simultan�ous with
execution of the construc#ian co�tract.
b. Where the City lets �he contract, performance and payment bonds
sY�all be dep�sifed, in the amount of one hundred percent (100%)
of the estimated cost of constructian as state� in the canstruction
contract, is req�ired priar to issuance of a wor�C order by the City.
4. f vpes of Guarantees:
a. Deveioper Bonds: Are required for fhe construction of water andlor
sewer, the foliowing terms and conditions shali ap�1y:
(3 ) The bonds will be standard developer bonds prov�ded by a
licensed surety company on forms fumished by that surety
company.
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(2) The bonds will b� subject to #he review and appror�ak by the City
Attorney.
(3) The bond shall be payable to the City ar�d shalk guarantee
performance of the water and sew�r construction contemplate�
under this contract and shall guarantee payment far all fabor,
materials and equipment furr�ished in connectian with the water
a�d sewer constr�ction contemplated under this contract.
(4) In order for a surety company to be acceptable, the name of th�
sur�ty shall be included on the current U.S. Treasury list of
acceptable sureties, and the amount of bond written �y any one
accepta�le company shalf not exceed the amount sf�own on the
Tr�asury list for that compar�y.
b. Gash De�osits: A cash deposit s�all be acceptable with verification
and such deposif shal! be made to tf�e City of Fo�t Worth. Th� C�ty
of For� Worth wiq no# pay interest on any sueh cash deposit.
{1) The cash deposit shall be adjusted to one hundred twenty five
percent ('f 25%} of the actual bid price. No contracf shall be
awarded and no wor�C order shall be issued until such
adjustment is made.
(2) WF�en a cash deposit is made, the additional tw�nty�five percent
(25%) beyond the one hundred percent (1 DO%} of the estimafed
de�elaper's share represents additional funds for change orders
during the course of the projec�. This twenty fi�e percent (25°/fl)
shall be considered the developer's char�ge order fund.
c. Escrow Pledqes
d. Pledqe Ac�reements
e. Letters of Credit
f. Comple#ion Aareements
5. Purpose, Term and �enewal of Cuaranfiees:
a. De�elo�er bonds, and cash deposits fumished hereunder shall be for
the purpos�s of guaranteeing satisfactory compliance by the
develop�r with all requirements, terms and conditions of this
agreement, incl�ding, but not limited to, the satisfactory compf�tior� of
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the impravements prescribed h�rein, and the making of payments to
any persan, firm, corporation or other entity with whom the developer
has a direcf contractual relationship for the performance of work
hereun�er.
b. De�eloper shall keep sa�d developer bonds, andlor cash deposits in
�uil force and effect until such time as developer has fully complied
with the terms and conditior�s of this agreement, and failure to keep
same in force and effect shal� consfitute a default and breach af ti�is
agreement.
H. The City shali assume its share of the cost of the impro�ements co�er�d by this
agreement along with the engineering fee only if fiunds are availa�le for such
participatian. In the event #hat no fiunds are available for Gity participation, #�e
de�eloper shall award the contract anc� deposit with the City a devefoper bonds ar
cash for 10D percent of the estimated total construction cost of the improv�ments
�pl�s ten percent (25%) for engineering and misceflaneous eosts i# th� City
prepares the plans�.
I. Or� all facilities included in this agreement for which th� de�eloper awards its own
construction contract, the developer agrees to follow the following procedures:
1. If the City partici�ates in the cost of the fiacilities, the construcfion contract
must be advertised, bid and awarded in accordance with State statutes
prescribing the requirements for the lefting of cont�acts for th� constructian
of public work. This includes adve�iising in a local newspaper at least twice
in one or more newspapers of general circulation ir� the county or counties in
which the work is to be performed_ The second p�blicatian must be on or
before the tent� (� 0#h) day before the frsf d�te bids may �e submitted. The
b�ds must be o�ened by an officer or em{�loyee of the City at or in an office
of ihe City.
2. To employ a canstructEon cantractor, who is approved by the Dire�tor of th�;
Depar�ment having jurisdiction o�er �he facility �o be so constructed, said
contractor to meet Cify's requirements for being insured, licensed and
bonded to do work in public right of way.
3. To r�quire 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 (10�°/p) of the contract price af the facility, said bonds to b�
furnished before work is eommence. Developer further shall require th�
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eontractor to provide public fiability insura�ce in the amounts required by thc�
City's specifications cover�ng that particular wark.
4. To give 48 hours notice to #he department having jurisdiction of infen� to
commence construction of fhe facility so that Gity insp�ction personne! will
be avai�able; and to requir� the cantractor to alfow the construction to be
subject to inspection afi any and all times by City inspection farces, and not
#o install any pa�ing, sanitary sewer, storm drair�, or water pipe unless a
responsible City inspec�or is pr�s�nt and gEves his consent to proceecl, and
�o make such laboratory tests of mat�rials beir�g used as may be reqUired by
the City.
5. To secure approval by the Director af the Department having jurisdiction of
any and all partial anci fnal payments to the contractor. Said approval
shall be subjec� #o and in accordance wi#h requirements of �his
agreement, and is not to constitu�e ap�roval of the quar�tities of which
payment is based.
6. To delay connections of �uildings to service lir�es of sewer and water mains
constructe� unde� this contract until said sewer and water mains and se�-vice
lines have been completed ta the satisfactior� ofi the Wat�r Department.
7. It is expressly understood by and between the developer and the City of Fort
Worth, tl�at in the event the �eveloper elects �o award one single
cons�r�ction contract for s�orm drainage ar�d pa�ement, said cantract sha�l
be separated in the bidding and City participation, if any, shaq be limited tn
the lowest possible combination of bids as if each of the above were
awarded as separa�e contrac�s.
J. Anything to the cor�trary herein rtotwithstanding, for and in consideratior� of the
promises and the covenan�s he�-ein made by the City, the developer covenants and
agrees as follows:
1. The dev�loper sh��l make separa�e elec�ions with regard to water andlor
sanitary sew�r facilities, storm drainage, stre�t improvements and street
lights as to vuhefher the work prescribed her�in si�all be performed by the
City, or by its con�ractor, or by the developer, through its contrac�or. Each
separate election shall be made ir� writir�g and deli�erecf to City no later than
�ix (6� months prior to �he expiration of this agreemeni. In the event any of
such separate elections has not b�en made and delivered to City by suc�
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date, it shall be conciusively 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 par�icular Paragraph V-F t�ereof.
2. Irrespecti�e ofi any such election and whe#h�r the work is to be performed by
the City, or by its contractor or by the devefoper through ifs cantracior, the
developer co�enants and agrees to deliver to the City a pe�fnrmance and
paym�nt guarantee in accordance with the pro�isio�s of fhis agreement.
3. f n addition to the guarantee required in the preceding paragra�h, in the
�vent deveEo�er elects that the work be pe�Formed by the CEty, or by the
City's contractor, or such eEection is }�resumed as provided abo�e, the
d�velope� covenants and agrees io pay to the City the developer's Share af
th�: estimated construction costs. The amount of such esfimated payment
shail be comput�d as set out in Sections « 5» hereof, based upon the lowest
resportsive bid for such work, as determined by City, or upon a cost
estimatec4 to be per€ormed by City forces prepared by t�e City, as
appropriafe, and shail b� subject tv adjustment to actuaf costs upon fir�al
compietion ofi the subject work. S�cf� estimated payment shaif be made
prompt{y u�on demand by City, it beEng understood that such payment wifl
be made after t�e recei}�� of bids fior work, but in every case prior to the
award o� any construction contract, �nless oth�rwise specifically set out
h�rein.
4. D�v�lop�r further co�enants and agrees to, and by these pres�nts does
hereby fully indemnify, hold harmfess and defend the City, its offic�rs,
agents and employees from and against any and all elaims, s�aits or causes
of action of any nature whatsaever, whether reaf or asserted, brought for
or on accoun� af any injuries or damages to persons or �roperty, including
death, resulting from, or �n any way connected with, fihis agreement, or the
construction of th� impro�ements vr facilities described herein, whefiher or
not caused. in whole or in part, bV the neqliqence of of�icers. aqenfis, or
employees, of the Ci�y. In acEdition, �he developer covenar�ts to indemnify,
hold harmEess and defend the City, i�s afficers, agents and employees firom
and against all claims, suits, or causes or action af any nature whatsoever
braught far, or on accour►t of any in�uries ar damages to praperly
safeguard the work or an account of any act, intentional or othe�vvise,
neglect or misconduct of the devefoper, its contractors, subcontrac�ors,
agen#s or employ�es, whet[�er or not caused, in wl�ole or in
par�, by the neqliqence of officers, aqents, or employees of the City.
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5. Developer cov�nants and agrees that it discriminates agains# no indi�icival
invo�ving employment as prohibited by th� 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 occupafiional
quali#ication, su�contractor ar empfoyment agency, either furnishing or �eferring
applicants to such de�eloper, nor any agent of developer is discriminating against
any individual involving employment as prohibited by the terms of such Ordinance
No. 7278 (as am�nded by 4rdinance Na. 7400).
K. Venue of any action brought hereunder shall be in For� Worth, Tarrant County,
Texas.
�.. The City's Policy for the Installation of Community Facilities, as adapted by t1�e City
Council on March 20,20Q1 in M&C G-13181, is hereby incorporated herein by
reference, and Dev�loper covenants and agrees to comply with said Poficy as a
condition of this contract ar�d as a condition to tne platting of the subject �roperty.
Develo�er and Gity agree thai this Agreement represents the complete and
exclusive statemer�t of the mut�al und�rs#andings of the �arties and that this
Agreement superse�es a�d cancels all pre�ious written and o�-al agreements and
communications reiated to the subject matter of this Agreement.
7
!N TESTIMONY WHEREOF, the City ofi Fort Worth has causec� this insirumen# #o be
executed in quadruplicate in its r�ame and on its behalf by its City Manag�r,
attested by its City Secretary, witf� t�te corpQrafe seal o� the Giiy afFixed, and said
Develop�r has executed this instrument ir� �uadrupl'tcate, a# Fort Worth, Texas thFs
the � day of ��-.-�, 20 �.
APPROVED AS TO FORM AND
LEGALITY:
,
Gary J. St�inberger
Assistant Gity Attorney
RECOMMENDED:
1
Dale A. Fisseler, P.E.
Director, Water D�partment
ATf EST:
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Gloria Pearsor-�
City Secr�fary
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CITY F FO WORT , TEXAS
By: �r
Marc A Ott `''
Assist nt City Manager
Developer: �e,o�" � Nj�IG N+�`I��
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LEGEND
PAOPOSED SANIT.4RY SEHIER LlNE
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City of .�o�� �orth9 T'exas
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DATE R�F�R�NCE NLfMBER L�G NAME PAGE
1114103 Ca� g��Q 60SCOTT � 9 of 2
sus.��cT APPROVAL OF COMMUNI�!Y F��LlT�.ES AGREEMENT WITH �(�� ���1�1UNJ7�1��
�E1I��P�F�� �[fv�IT� PA!?T�,�.��Sk��P F'OR CONSTRUCTION OF OFFSITE SEWER
SERVICES TO SERVE LAGO VlSTA AT �ONDS RANCH
RECOMMENDATI�N:
I� is recommend�d thaf fhe City Council authorize the City Manager to execute a Communi#y F'acilities
Agreement with Scoit Cammunities Develapers Limited Partnership {developer) for construc�ion of
ofFsite sewer services to serve �.ago Vista at Bonds Ranch on Bonds Ranch Road, south of Highway
287 in fiar northwest Fort Worth.
DISCUSSION:
The developer of Lago V�sta af Bonds Ranch Offsite Sewer Service has execu�ed a pro�osed con#ract
for commun�ty facilities to serve a 135-acre single-fam�ly hame de�elopment iacated in far northwest
Fort Wor�h on Bonds Ranch Road, south of Highway 287 (see attached map). This and additional
developmer�ts in the imm�diate vicinity are expected to be impro�ed by the extension of the sewer lines
this project provides.
The cost for offsite sewer im�rovements for this development is $�,491,687. There will be City
participation in sewer pipe oversizing 24-inchl15-inch, 27-inch/18-inch, and 36-ir�ch121-inch to increase
pipe capacify in Lago Vis#a at the Bonds Ranch area. The estimated costs for sewer improvements are
subject fa canstruction inspectian fees.
PROJECT COST
Sewer
Easements
[nspection
ioi��
DEVEL�PER
$1,122,052
-o-
$ 22,441
$1,944,493
.N��'1
$3G9,635
-a-
$ 7,393
$377,02�
TOTAL
$1,491,68i
..a_
� 29.834
$1,521,�21
A cl�ange in the cantract shall require a bore for the sewer #a proc�ed under an existing telephone line.
The amounf of the change order will be $5,250.
This d��e�opment is located in COUNCIL DISTRICT 7.
0
City of ' �'o�t ]�orth9 Texas
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QATE R�F�RENC� NUMBER LOG NAME 1'AGE
� 114103 �o� �Q,30 ` 60SCOTT 2 ofi 2
sus.��c-r qppROVAL OF C4MMUNITY F'ACILITIES AGREEMENT WITH SCOTT COMMUNITIES
DEVELOPERS LIMITED PARTNER5HIP F�R CONSTR�CTI�N OF OFF'SITE SEWER
SERVICES TO SERVE LAGO VISTA AT BONDS RAIVCH
FISCAL INF4RMATI�NICERTI�ICATION:
The Finance Directar certifies tha� funds are avaiiabfe in the current capital hudget, as appropriated, of
ihe Sewer Capital Projects Fund.
M�:k
Submitted for Caty Manager's
�ffice 6y:
Marc Ott 8476
Originating DeparEment Head:
Dala Fisseler
Additionai Information Cnntact:
Dale �isseler
FUlYD I ACCOUNT I CENTER I AMOUNT
(to)
�
8207 I (f'ram)
I P171
�
8207 I
C1TY SE�RETARY
� APPROVED Oi/14/D3
53914D 070171132080 $369,635.00 I