HomeMy WebLinkAboutContract 27863r �
COMMUNITY FACiLiTIES AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRAIVT §
City Secretary
f �
ii ' 1' i
Confiracfi No. '
WHEREAS, Hillwood Residential Texas, L.P., hereinafter called
"Developer", desir�s to make certain impro�ements Heritaae Addition Phase 2A
Seciion 4 Offsite Sewer, an addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer f�as requested the Cify of Fort Worth, a
munic�pal corporatian of Tarrant and D�nton Counties, Texas, hereinafter called
"City", to do certain work in connection with said improvements;
NOW, THEREFORE, KNOVII ALL BY THESE PRESENTS:
T�at said De�eloper, acting herein by and through Angie Waddle, its duly
authorized Vice Pres�tfenf af Residenfial and the Cify, acting herein by and
tf�rough its duly authorized Assistant CEty Martager, for and in cor�sidera�ion of
th� covenants and conditions canfa9ned herein, do hereby agree as folkows:
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SECTIDN ONE
COMMUNITY F'ACILITIES AGREEMENT
to install
WATER AND SEWER SERViCES
for
HERIi�C� �D��YI��', �HA�� 2A ��CiIORf 4 OFF'SIT� SEI�ER
A. Tf�e City agrees to permit the De�eloper to let a contrac# for, in accordance
wi#h its accepted practices, ardinances, regulations, and the provisions of
the City Charter, and sublect to the requirem�nts of t1�e C�ty's Charter, and
su�jeci to the requirements of the City's Polic9es and Regulations for
lnstallation of Cammunity Facilities, all as current at the time of installation:
1fVA`i�R ��CIL,ITi�S serve the lots as showr� on the attached Exhibi# �► ,
and SAfVIi�►FtY S�1�d�R F�CILITIES to serve the lo#s as shown on the
attached Exhibit A�'� all in accordance with plans and specifications to
be prepared by pri�a#e engin�ers employed by the De�eloper and
appro�ed by the Water Department.
B. The City agrees to a11ow the De�eloper to install, at his expense, at the
time all other wate� mains in this addition are install�d, a service line €or
each lot as shown on the attached Exhibit /� . The estimated cost of
these service lines is � 0. The City agrees to record the Iocation of each
said service line in respec# to the corner of the lo# ser�ed, and ta retain
said records ir� its possession.
G. The construct�on cos# of the wate� facilities herein cancerned, exclusi�e of
service lines and engineering is est�mated to be R!o Dollars �0) .
D. The City agrees to a11ow the De�eloper to insiall, at his expense, at the
time a11 other sanitary sern�er mains in this addition are installed, a servic�
li�e for each lot as shown on the attached Exhibit Ao"i . The estimated
cosi of these service lines is ��. .The City agrees to recar� the location of
each said service line in respect to the corner of the lot served, and to
retain said records m its possession.
. E. The canstruction cost of #he sanitary sewer facilities to �e installed
i�ereunder, exdusive of service [ines and engineering, is estimated to be
One bund��d �nd �'ift�►-Foup ihou�and, Tr�ro Hundred �ixf�v-Seven
Dollars (� 'i�4,267�.
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�I�OJ��� Fli4��: b��l�f�G� A��., �bl�S� ��e S�C. 4 O���I�� ��IdV�R
F. Prior to allowance of th� construction contract by Develaper, the Dev�loper
agrees ta provide acceptable f nancial guarantee to the city for 100 percent
of tY�e construction o# the construction cosfs along with payment of any
Ordinance costs and fees that are applicable. Prior to the award of the
construction cvntract �y the City or the commencing of any work by the
City or its contractors, the Deveioper agr�es ta pay to the City:
{1) (a} One Hundred percent {1D0%} of the De�eloper's cost of all water
and sanitary sewer facilities within the developmen�, exc�usi�e o�F
engineering and�service costs, sized to provide water artd sanitary sewer
service within the de�elapment.
(b) One hur�dred �ercent (100%} of the De�eloper's cost of all
approach wa#er and sanitary sewer facilities outside the limits of the
de�ejopment sized to pro�ide wafer and sanitary sewer service to the
de�►elapment.
(c) One hundred percen# (10D%) of the De�eloper's cost of any
approach wafie� main facility or wafier facility withi� the de�elopment that is
S-inches in size for non-�ndustrial develo�ment and 12-inches in size for
indus#rial deveiopment.
(d)One hundr�d percent (100%) of the Developer's cost of any
approach sani#ary sewer main facility or sanitary sewer facility within t�e
development that is 8-inches in size.
(2) An additional ten percent ('i Q°/a) of the totai of the De�elopers cost
of these water and sani�ary sewer facilities, exciusi�e of cost of service
lines, is reauired for design engineering if s�rch engineering is perFormed
by the Ciiy at the Developer's request.
(3) One �undred percent (1 DO%) of the De�elop�r's cost of al� service
iines, estimated ur�der 1-B and 1-D above, in accordance with the
proWisions af the current Fort Worth City Code.
(4) A consfruction Inspection Fee aqual io two (2%} of the De�eloper's
actual cost share of the canstruction eost {including all services) of the
water andlor sanitary sewer facilities.
G. The distribution of estimated construction cos� between the City and the
Developer, as per paragraph 1-F abo�e, for all water and sanifary sewer
facilities to be constructed hereunder is estimated as follows:
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I��OJECi Nt�{�IE: HGRIi�►G� A��., �HAS� ��4 ��C. � O���I�� S�V9a�F�
(1� F�Ai��t ��►CI�fYI�S :
Estimated **
Developer Estimafied Total
C05t Cltj/ COSt COSt
(a) Mains, Within
De�etopment $ -0- $ -0- $ -0-
Approach $ -0- $ --0--
(b) Easements"� $ -0- $ -0- $ -0-
(c) Services
259 - single 1n) . $ -0-
{d}Par1c Participation $ -D�
5ub-Totais, Water $ -0-
(�j SAIdIi��Y ���R�'�R �`ACl�lil��:
(a} Development $ -D-
Approach $ 145,487
(b) Easements * $ -0-
(c} Services ($ -0-4") $ -0-
(d}Park Participation $ -0-
Sub-Totals, Sewer $ 145,487
$ -0- $ -0-
$ -0- $ -D-
$ -0- $ -Q-
$ -0- $ -0-
$ 8,i80 $ 154,267
$ -�- $ �0-
$ -0- $ -0-
$ -0- $ �0-
$ 8,78Q $ 154,267
(3) �OYA�
C�NSi�tUCi��i� �OSi: $ 145,487 $ 8,780 $ 154,267
(4) CON�ift�ICTIO�E
, IN����il�ld FL� : $ 2,910 $ 1 I5 $ 3,D$5
There was an agreement befi�ve�n th� Heritage and Arcadia Park developers
that no front foot charges would be assessed for this [ine.
*to be dedicated by the developer.
** see Page I-4 for City Cost
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** CI�V �A��IC«A�'lON �R�AK���WfV ��R:
PFtOJI��i �IAN��: b��li��� A��., �bAS� �A SEC. � O�F Si�� ��1dV��
�V'ERSIZED SEWER MAlN
(�evetoper pays up to 15" sewer line; City pays the diffe�ence befinreen � 8"115"
sewer line.
18" 115" Sewer Line ($38-$28) averaged costs
878 L.F. x $10 � � �,�50.@0
ihe cos� difFeren�e i� bas�d on ��tima�� onfy. �c�ual re�und fo De�elopep
shall be based on �f'a�er �nd �er�ver City �ar�icipa�ion ��A Uni� �r�iee�
��tached herew+ifih on paqe I��.
TOiA� CI�Y �A��ICI�AiIOR� �O� !l�Ai�� I�EPA�i��R�i
- � �,��Q.00
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�ay Item
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2
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7
8
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� Pay Item
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�Vai�� �nd �,err�e� City P�r�icipa4ion CF� l�nii� �rice�
Unii �escpiption
�F 6" Water Pipe
L�' 8" Water Pipe
l.F 10" Water Pipe
L.F 12" Water �ipe
LF 16" Water Pipe
EA 8" Gate Vaive wlCast Iron box & Lid
EA 10" Gate Valve wlCast lron box & Lid
EA 12" Gafie Va[ve w/Cast Iran box & Lid
EA 96" Gate Vaive wlCast Iron box &�id
TN Cast IronlDuctile Iron Fi�tings
Install 1" Air & Vacuum Release Valve
EA wNault
Ins#alf 4" bCow-Qffwl4" Gate Va1ve 8
EA 5ump Manho[e
Unit �escript�on
LF 6" Sanitary Sewer PEpe
LF 8" Sanitary Sewer Pipe
LF 10" Sanitary Sewer Pipe
LF 12" Saniiary Sewer Pipe
LF 15" Sanitary Sevuer Pipe
L� 18" Sanitary Sewer Pipe
LF 2T` Sanitary Seuver Pipe
LF 24" Sanitary 5ewer F'ipe
EA 5tandard 4' Diameter Ma�hole
EA Standard 5' Diameter Manhale
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Unit Price from �er►eloper's
Projeats
$ 15.Q0
$ 17.00
$ 24,00
$ 26.04
$ 40.00
� s�s.00
$ �,�s2.oa
$ 1,2�3.OQ
$ 6,587.OD
$ 2,969.OQ
$ 3, 534.04
$ 3,624.0�
Unit Price from De�eloper's
�'r�ojects
$ 2�t.00
$ 25.00
$ 26.00
$ 27.00
$ 28.Ofl
$ �s.oa
$ 45Afl
� �s.aa
$ 1,293.a0
$ 3,125.00
P�OJ�CT NA1�Y�: F�ERIi�C� �►DD., �b�S� 2� S�C. 4��FSIT� S��EFt
H. The a5o�e charges do not include any front foot charges for connection to
existing or proposed wa#er andlor sanitary sewer mains constructed or #a
be constructed under the prouisions of the "APPR�ACH MAIN OPT10N°
as described in Section Ill of the Policy for the "INSTALLATIOfV OF
COMMUNITY FACILlTIES" adopted in 5eptember, 1992. These
additior�al c�arges are as follows:
1. Applicable to this Contraci in the amount of $ NIA.
by Cvntract No._ NIA dated N/A
AppfcaUle CFA Name iUTA
Date: NIA Number NIA
I. When water faciiities are insfalled by contract, installation of water
ser�ices will be included as part of the cantract. Installation of ineter
boxes on those services may be done by tf�e Cifiy, after completior� of
construction of all refative curb and g�atter work on the wa�er facElities
prajeet sifie, at a cost of $701$9 35 per contraci-installed charge �o be d�e
and payable prior to issuance of a Wor�C Order on the water fiacil�ties
installation contract. The above charges do not apply if the Developer
elects to include meter box installation as parf of #he contrac#. However,
meter boxes must conform City standards.
J. Wiihin a reasonable time after completion o� the above referenced
facilities to be constructed by con�ract awarded by the Developer,
pro�ided all c�onditions for City pariicipation ha�e been met, t�e Cify
agrees to pay the De�eloper the "Estimated C�ty Cosf" sefi out in 1-G
abo�e; pro�ided, however, that said payment shall be calculated using the
actual consfr�ction costs and ac#�al ser�ice costs under the pro�isions of
#he current Fort Wort� City Code, (said payment to be calculated as in 'i-
G abo�e), based on actual quantiti�s as re�l�c#ed in the final estimate paid
to the Contractor by the Developer and on the ac#ual records af cost kept
by the City as a part of its customary procedures, �n the e�ent the
difference in the depasit and �he actual costs exceeds $2�, De�eloper
agrees to pay to the Ciiy and underpayment which said ad�ustment might
indicate as being due, a�d the City agrees to pay to Develaper any
over�ayment.
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�ROJ�Ci idA��: F���Ii�Cf� AD�., PH/•1�� �� SLC. 4����1`TF Sf��V��
F�. Work hereun�er shall be complete� v�rifhin twa �2) years from date hereof,
and it is understood that any obliga#ion on the part of the City to make any
�efunds wi�h resp�ct to wa#er andlor sanitary sewer facilities shall cease
upon fhe expiration of two (2) ysars from date hereof, except for refunds
due from "front foot charges" on water and sanitary sewer mains, wnich
refunds may continue to be made for a period of #en (1 Q) years
commencing on the date that approach mains are accep#ed by the
airector. If �ess t�an 7Q% af the eligible colfections due to the developer
has been collected, the, D�veloper may re�uest in writing an ex�ension of
up to an additiona� 10 years for collection of front charges. In the evertt
water andlor sanitary sewer facilities work is not completed within the (2}
y�ar period, City may, at its election, complete suc1� wo�k at Developer's
expense.
L. It is further agreed and �andersiood that any additional payment required
of Developer is ta co�er only such additional work andlor materials as
may be made necessary by conditions encountered during construction,
and shall not include any change in scape of the project.
RECOMMENDED:
Dale A. Fisseler, P.E.
Water Director
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oate
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��N�RAL ��Q,UI��fI��kViS
A. It is agreed and understoad by �he parties hereto that the developer shall
employ a civil engineEr, licer�sed to practice in the State of Texas, for ihe
design and preparation of plans and specifica�ions for the construction of all
current impro�ements covered by this contract� subject to Paragraph B.
B. In the event the developer emplays his own engineer to prepare plans and
specifications fior any ar all current improvements, the plans ar�d specifications
so prepared shall be subject to approval by the department ha�ing jurisdiction.
One (1 a reproducifale set df plans with 16 prints ar�d 6 specificatians for each
facility sha11 be furnished the department havi�g jurisdiction. It is agreed and
understood that in the event of any disag�eement on the plans and
s�ecificatEons, the decision of the Transporta�ion/Public Warks Departme�t
Director, andlor Water Department Director will fae final.
C. lt is further agreed and unc�erstood by the parties hereto t�at upon accept�nce
by the Gity, title to all facilities and impro�emer�ts mentioned hereinabo�e shall
be vested at aEl times in the Cifiy of Fort Worfih, and develo�er hereby
relinquishes any right, tit{e, or interest in and to said facili�ies or any part
hereof.
D. it is further agreed that the decision of the City #o not collect funds for "future
impravements" required in previous CFA agreements does nat constit�te an
obligation an the part of the Cifiy fio canstruct such "future impravements" at
its Qxpehse.
E. Work hereunder shall be completed within two (2} years fram dafie hereof, and
it is understood t�at any obligation on the part of the City to make any r�funds
with respect to wat�r andlar sanitary sewer facilities shall cease upon the
�xpz�a�ion of two �2) years fram date hereaf, except far refunds due from
� "'�Front foot charges" on water and sanitary sewer mains, which refunds may
continue to be made for a period of #en (10j years commencing on the date
that approach mains are accepted by the Directar. If less than 7'0% of the
eligible collections due to t�e de�eloper has bean coll�cted, the Deveioper may
requesfi in writing an ex�tension of up ta an additianal 10 years for collection of
front charges. If the construction under the Community Facilities Contract
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shall have started wifhin the two-year period, the life of the Communrty
Fac�fities Cantract shall be extended for an additior�al one-year period.
Cammunity Faciliiy Contracts not completed within the time periods stated
abovs will r�qu�re r�newal o� the contract with all updated agreements being in
compliance with the policies in effect at the time of such rer�ewak, Deve�opers
must recognize t�at City funds may not be avaifable 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 tY�a# any of the facilities or
requiraments included in the contrac� fihat are to be performed !ay the
developer, but not performed by the devefoper within the time periods stated
above, may be completed by the Ci#y at the develaper's expense. The City of
�ort Worth shall not be obligated to make any refu�ds due to the de�eloper on
any facilities constructed under this agreement until a11 pro�isians of the
agreement are fulfi�led.
F, P�R��RMANCE AND PAYM�NT GUARANT��S
1. �ar'I�later and Sanitary Sewer �'acilities;
Performance and payment bonds, or cash depasits, accepfiabfe to the
City are required to be furnished by the develaper for the installatian of
water and sanitary sewer facilities.
a. Where the developer fets the constructio� co�tract fior water and
sar�itary sewer facilities, performance a�d payment bonds shall be
eposited, in the amount of one hundred percent (100°fo1 of tF�e
estimated cost of constructio�, cash deposited shall be in the
amount of one hundred twenty-five perc�nt (125%), as stated
in the canstructian contract, is requi�r�d to be furnished
simultaneous witF� executian of the construction contract.
b. W�ere fihe City [ets the con�ract, perfarmance and payment bonds
shall be depasited, in the amount of one hundred percent �'i 00%)
' of the estimated cost of canstruction as stated in fihe cahstruct�on
contract, is required priar to issuance of a work order by the City.
4. idqes of �uarantees:
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a. Developer Bands. Are required for �he construction of water
and/or sewer, the following terms and conditions shall apply:
(11 The bonds wifl be standard develo�er bonds pravid�d by a
licensed surety company on forms f�rnished by that surety
company.
�2} The bonds will be stabject to the review and appro�al by the
City Attorney.
(3) The bond shall be payable to the City and shall guarantee
perforrt�ance of the water and saw�r canstruction
confiemplated unr�er this contract and shaU guarantee
payment for all labar, materials anc� equipment furnished in
connection with the water and sewer construction
contemplated under this contract.
(4} In order #or a surety company to be acceptable, the name o'�
the surety shall be inc�uded on th� current U.S. Treasury list
of acceptable sur.eties, and the amount of bond written by
any one acceptable company shall nafi exceed the amount
shawn on the Treasury list far that company.
b. Cash Deposits: A cash CI�pDSi'� shall be acceptab�e with
veri#ication and such deposit sha11 be made to fihe City of Fort
Worth. The City of Fort Worth will not pay interest on any such
cash depasit.
{1 } The casY� deposit shall k�e adjusted to one hundred twenty
five percent (125%a of the actual bid price. No contract
shal� be awarded and no war�C order shall be issu�d untif
such ac�justmen# is made.
(2) When a cash deposit is made, t�e additional twenty-five
�a�rcent (25%) beyond the one hundred percent i100%} of
the estimated developer's share represents additional funds
for change arders during t�e course af t�e prvjec�t. This
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twer�ty five percent (25%) shall be considered the
developer's change order fund.
c. Escrow Pledc�es
d. Piedae Aqreements
e. Letters of Credit
f. Com�letior� Aareements
5. Purpose, Yerm and �ene�val of Guarantees:
a. Developer bonds, and cash deposits furnished hereunder shall be
far the purposes ofi guaranteeing satisfactory compZiance by �the
deve�oper vwit�h all requirements, t�rms and conditians of this
agreement, including, but not limited ta, the satisfactory
cflm�letion 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 contractua! relafiior�ship for the
perfarmance of work hereunder.
b. Deve{oper shall kaep said d�veloper bonds, and/or cash depasits in
full force and effect until such time as developer F�as fully
complied with the terms � and conditior�s of this agreemerit, and
failure to keep same in force and sffect shall constitute a default
and breach of �his agreement.
H. The City shall assume i�s share of the cost af fihe impro�ements covered by
this agreemen� along rrvith the engineering fee oniy if funds are available for
such participation. In the event that no fiunds are available for City
participatian, the developer shall avward the contract and deposit with the City
a developer 6onds ar cash far 100 percent of the estimated total cahstruction
cost of the improvemenfis Cpl�s ten percent (25%� for engineering and
miscellaneous costs if the City prepares the pla�sl.
' I. OR all facilities included in this agreement far whic� the developer awards its
own construction contract, the developer agrees to �ollow the follawing
procedures:
1. If the City participates in the cost of tF�e facilities, the constr�action
contract m�tst be aduertised, bid and awarded in accordance with State
statutes prescribing the requirements far the letting of contracts far the
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construction of pub�ic wark. This includes advertising in a local
newspaper at least twice in one or more newspape�s of general
circulation in the county or counties in which the work is ta be
performed. The second publication must be on or before the tenth
(10th} day before the first date bids may be submittad. The bids must
be opened by an officer ar emp�oyee of the City at or in an office of �he
City.
2. To employ a construction contractor, who is appraved by the Director of
the Department having jurisdictian over the factlity fio be so cons�r�cted,
said contractor �to meet City's requirements �or kaeing insured, licensed
and bonded to do wark in public right of way.
3. To require the contractor to furn�sh to the City payment, performance
and maintenance boncfs in the names of the City and the developer �or
one hundred percent (104%] of the contract price o� the facility, said
bonds ta be furnished before work is commence. Develaper further
shall requir� #he contractor to provide �ublic liability insurance in the
amounts requir�d by the City's specifEcations covering tha� particular
wark.
4. To give 48 hours natice to the department having jurisdic#ian of intent
ta commer�ce construction ofi the facility so that City inspectian
personnel will be available; and to require the contractor to a11ow the
construc�iion to be subject to inspection at any and all times by City
inspection forces, and not to install any paving, sanitary sewer, storm
drain, nr water pipe unless a respansible City inspector is present and
gives his cans�nt to proceed, and to make such iaboratvey tests of
materials being used as may be required by the City.
5. To secure a�pro�al by the Director of the Department having jurisdiction
of any and all partial and final payments ta fihe contractar. Said
' approval shall be subject to and in accordance wit� requiremen�s
of this agreement, and is not to constitu�te appro�al of th�
quantities of which payment is based.
6. To delay connecfiions of buildings to service lines of sewer and water
mains constructed under t�is contract until said sewer and water mains
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and service lines have been completed to the satisfactian of the Wafier
Department.
7. It is expressly understoad by and between the de�eloper and the City af
Fort Worth, fif�at sn the e�ent the develo�er elects �o award ane single
construction contract for storm drainage and pavem�nt, said contract
shall be separated in the bidding and Ci�y participation, if any, shall be
limited ta the lawest possible combinatian af bids as if each of t�e
abave were awarded as separate cantracts.
J. Anything ta the contrary herein notwithstanding, for and in cans�deratian of
the promises and tt�e covenants herein made by the City. the develap�t
ca�enants anc� agrees as fallows:
�. The developer shall make separate electians with regard to water andlo�
sanitary sewer facilities, storm cirainage, str�et improvements and street
lights as to whether fihe w�ork prescribed her�in sha{I be performec� by
fhe City, nr by its canfiractor, or by the developer, through i�s
contractor. Each separate election shall be mad� in writing and
deli�ered to City no later than six (6) monihs prior ta the �xpiration of
this agreement. In �he ��ent any of such separate e�ections has not
been made and deli�ered ta City by such date, it shall ba conclusiv�iy
presumed tha� the developer has el�cted that such work be performed
by t�e C�ty in accordance wit� all af fiY�e terms of this agreement, and in
particular Paragraph V-F hereof.
2. Irrespective of any suc� �lection and whether tha work is to be
perfarmed by the City, or by ifis contractor or by the de��loper fihrough
its contractor, the developer covenants and agrees fia deliver to the City
a performance and payment guaran�tee in aceordance with the provisions
ofi fihis agreement.
' 3. In addi�ion to the guaranfiae required in the preceding Paragraph, in the
e�ent developer elects that the work be perfarmed by the City, or 6y the
City's contractor, or such efectian is presumed as provided above, the
developer covenants anci agrees to pay fio the Ci�ty the developer's share
of the estimated construcfiion costs. The arriount of such estimated
paymenfi shall �e compu�ted as set out in Sections cc 5» hereaf, based
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upon the lowest responsiv� bid for suci� work, as determined by City, or
upon a cast estimat�d to be performed by City forc�s prepared by the
City, as appropriate, and shaEl be subject to adjustment to actual costs
upon final completior� of the subject work. Such estimated payment
shall be made promptly upor� demand by City, �t being understaod that
such payment wili be made after the receipt of bids far work, but in
every case prior to the award of any construction contract, unless
ofherwisa specifically set out hereir�.
4. De�elaper further covenants and agrees to, and by #hese presents does
her�by fully indemnify, hold harmless and defend the City, its officers,
agents and emplay�e�s from and a�ainst any and all claims, suits or
causes of action of any na�ure whatsoever, whether real or
asserted, brought for or on account of any in3uries or damages to
persons or property, including dea�h, resulting fram, or in any way
connecfied with, �this agraement, or the canstructio� of the
improvements or facilities described harein, whethe� or r�o� caused, in
wha1� or in nart, bd the nealiaence of offic�rs, aaents, or emplodees, af
the Citv. In addition, the developer covenants to indemnify, hold
harmless and defend tY�e 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 wor3� or an accaunt of any act, in'tentional ar
ofiherwise, neglact or misconduct of the developer, its contractors,
subcontrac#ors, agents or employees, wheiher or not caused, ih
whole or in aart, bv the nealiqence of officers, aqents, or emalovees of
the Citv.
5. Develaper covenants and agr�es that it discriminates against no
individual involving employment as pro�i6ited by the fierms o� Ordinance Na.
7278 (as amended by Orclinance No. 7400}, an ordinance prohibiting
discrimination in employment practice �eca�se of race, creed, color, religion,
' national origin (exce�t for illegal aliens}, sex or age, unless sex or age is a
banafide occupational qualification, subcontractor or employmer�t agency, eit�er
furnishing or referring applicants #a such developer, nor any agenf af de�elaper
' is discriminating against any individual invol�ing empioyment as prohibited by
the terms af s�ch Ordinance No. 7278 �as amended by Ordinance Na. 74�0�.
7
,
,
u
K. Venu� of any action brought hereunder shall be in Fort Worth, Tarrant Co�nty,
Texas.
L.. The City's Poiicy for the Installatian of Community Facilities, as adoPted by the
City Council on March 20,2001 in M&C G-13181, is h�r�by incorporated
herein k��r reference, and Developer covenants and agrees to comply with said
Policy as a condition of this contract and as a condition to the platting af the
subject proparty.
Developer and City agree that this Agreement represents �h� complete and
�xclusive statement of the mutual understandings of the parties and that this
Agreement supersedes and cancels all previous written and oral agreements
and communications re�ated ta the subject matter of this Agreement.
S
�
IN TESTIMONY WH�REOF, the City of Fort Worth has caused this instrumenfi to be
executed in quadrupEicate in its name and on its behalf by its City Manager,
attested by its City Secretary, with the corporate seal of th� City affixed, and
said Devefoper has executed this instrument in quadruplicate, at Fort Worth,
Texas this the ��day of , 20 d�
APPRDVED AS TO FORM AND
LEGALITY:
�
Gary .�. Steinberger
Assistant City Attorney
ATTEST:
� �
�f7 � ' '� �
%!� ' v
Glaria Pear'son
City Secretary
� ��..�� �_ .-
Contrac� �utha���a�i�n
_� � �.s� �,�, ,.�,.
ba�e `—
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RECOMM�NDED:
�
�►� Dale A. Fisseler, P,�!
Directar, Water
Department
CITY O� F'4 T WORTH, TEXAS
BY. i
Marc . Ott
Assistant City Manager
�,�
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.
�
Title o� Representative for Developer
� : _ r��--
9 : tl u u ���t����i
,'2i ��,r��M if�
NOT 70 SCALE
���ATi � i� iV�P
Zr.�i_...� T.,h\ n�ncni.,.r... ��o�� �._.c.. ,�,.�
HERITAGE
PA 2A QFFSITE SE�R
�� ���� �g ����
Co�l�or� ln Plonning, Enpinnarine,A�cF�lf i�ra,
Camfnicllon MonoOemaM and Ralaled Servlcas
CARTER & BURGE5S, iNC.
7J7 M+JN STREEf
FORi NiORiH. T% 76702
paoJEcr No. 010521410
�ocATioN MA�
l�
SCALE� 1" = 304'
MATCHL !� E! SEE SIiT 27
PROPOSED SEWER LINES ARE
8" UNLESS OTHERWISE
INfllCATE�
LEGEND
PROP. SAN I TARY SENfER
PROP. MANHOLE
EX I ST. SAN I 1"ARY SEWER ------� -- -
EXI57. MANNOLE — — - — — —
L f M f T5 OF PF20JEC7 •—•� ••-•-�
nrni-,,.� i.,h�n�nK���,.�.,� u�ni.,f., ,a.,r-.
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IIs�a�rc�a s-rr�
I `�I
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SA1��%�RY S�W�R
�Xf� f � IT 'A'
HERITAGE
PA �A OFFSITE SEWE�
�
�¢� ����� � ��rr�s
Con�vltonb in Plonnlnff, Enpineartnp,/SrchNdcfu�a
co�.rw�no� l�Avr,00a.�e�r❑nd rt�labd servf�e. �
CAR7ER 8� BURGESS, ENC.
777 MWk 5TAEEf
FORT WORTFI,IX 76102
PROJECT N0. 010521Di0
City o, f 1�'oYi T�orih, Texas
f��yor ��d C�unci[ Cam�u�ic��«�
DATE REFERENC� NUMBER LOG NAME PAGE
6125102 �n� g� 33 � . BOHERIT � 1 of 2
su���c7 APPROVAL �F C�MMIJNITY F'ACILITIES AGREEMENT WITH HILLV�1�Qp I
RESIDENTIAL TEXAS, L.p. F�R CONSTRUCTION 4F AN OFF5ITE SANITARY
SEWER TO SERVE HEF�ITAGE ADDITI�N, PHASE 2A, SECTiON 4
RECDMMENDATION:
!t is recommended that the City Council authorize the City Manager #a �xecute a Community Facilities
Agr�ement with Hiflwoad R�sidential Texas, L.P. for the installation of an offsite sewer ta serve
Heritage Additian, Phase 2A, 5ection 4 on North Riverside Drive, eas# ofi fH-3� in far north Fort Worth.
D15CUS5��N:
Hillwood Residential Texas, L.P., the develo�er of Heritage Addition Phase 2A, Section 4, has execUted
ja proposed contract for community faci[i�ies to cons�ruct an offsite sewer to serve a single-family hame
developmeni and commercial pro�er�y lacated in far norih Fort Worth, on Nnrth Riverside Drive, east af
1H-35 (see a#tache� map). Additional developments in th� immediate vicinity are expected fo be
improv�d by the extension of these sewer lines. �
The total cast far s�wer impro�ements for this de�eloprnent is $154,267, plus �inspeciion. T�ere will b�
City participatian in sewer main oversizing from 15-inch ta 18-ir�ch to increase pipe capaci�y for
Heriiage Addition, Phas� 2A, S�ction 4. The dev�loper and the City's esfimafed cost for water and
sewer improvements is subjecf i� canstruction inspectian fees.
PROJECT COST
Water
Sewer
Easements
lnspecfiion
�EVEL4PER
.-Q-
$945,487
-0-
$ 2.91 d
i0i,4�� $14�,397
C [TY
_p_
�s,7sa
-0-
17�
$8,95�
TOTAL
�0-
$154,z�7
-0w
� 3.085
�� �7,35�
This development is located in COUNCIL DISTRICT 4.
Ciiy of '�'ort T�'orih, T'exas
I��yor �nd �our�c�l Camnlu�ic��i�n
DATE REFERENCE NUMBEFt LUG NAME pqGE
6125102 C-19133 BOHERIT 2 of 2
5U8JECT qpPROVAL OF COMM NI'TY �ACILITIES AGREE ENT WITH H1�LWOOD
RESIDENTIAL TEXAS, L.P. FOR CONSTRUCTION OF AN OFFSITE SANITARY
SEWER TO SERVE HERITAGE ADDiTfON, PHASE 2A, SECTION 4
�ISCAL 1NFORMATIONICERTIFICATION:
The Finance Director cer�ifies that funds are availabfe in the current capital �udget, as appropriafed, af
the Sewer Capita� Projects Fund.
BG:k
Snbmitfed Tar City Manager's
Office by:
Bridgette CrarretdActing G144
Originaiing Department Head:
Daie Fisseler
Additior►al Infarmatian Contact:
Dale Fisaeler
8207
8207
I FUND I ACCUUNT I CEI�'i'ER I
I (to)
� �
� I
� �
I (from)
� P170 539'f40 I 0701701320fi�
AMOiJ]�T
$8,780.00
CITY SECR�TARY
�
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� AP�ROVED 06/25/02
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