HomeMy WebLinkAboutContract 27407Y' t
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CO[VIMUNITY FACILITIES AGREEIVIENT
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THE STATE OF TEXAS § Cifiy Secretary
COUNTY OF TARRANT § Contract No.�s ��{�
WHEREAS, D.R. Horton�Texas Ltd, hereinafter called "DeWeloper",
desires fo make cerkain improvements , The Crossinq At Fossil Creek Phase 3,
an addition fo the City of Fort Worth, Texas; ar�d
WHEREAS, the said Developer 1�as request�d the Gity of Fort Worth, a
municipal corporation of Tarrant and Dentor� Counties, Texas, hereinafter called
"Gity", to do certain worl� in connec#ion with said impro�ements;
NOW, THEREF�RE, KNOW ALL BY THESE PRESENTS:
That said De�eloper, acting herein by and througn Tadd Harton, its duly
authorized President and the City, acting herein by and through Mike Groomer,
its duly authorized Assistant City Manager, for and in considerafiion of the
co�enants and conditivns contained herein, do hereby agree as foflows:
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SECTI�N ONE
COMMUNITY FACILiTIES AGREEMENT
to install
WATER AND SEWER SERVICES
for
iHE CROSSIFVC� �i F��S1L CRFI�K �b�Sl� 3
A. T�e City agrees to permif the De�eloper to le# a contract for, in accor�ance
with its accepted practices, ordinances, regula�ions, and the pro�isions of
the City C�arter, and subject to the requiremen�s ofi the City's Charter, and
subject to the requirements of the City's Policies and Regulations for
lnstallation of Community Facilities, all as current a� the time of ins�allation:
11VAY�� �A�I�Ii[�S serve the lots as sF�own on the attached Exhibit �.
and �i41�liA�Y ����R �ACI�I�'l�� to serve the lots as shown on the
attached Exhi�it �.�� all in accordance with plans and specifications to
be prepared by prirrate engineers employ�d by #h� Developer and
appro�ed by the Water Deparfinent.
B. The City agrees to allaw the Deveioper to install, at I�is expense, at the
time all ot}�er water mains in this addition are installed, a senrice line for
each lot as shown on the attached Exhibit A. The es�imated cost of
#hese service lines is $ 3�,BOQ. The City agrees to record the location af
each said ser�ice line in respect to the corner of the lot served, and to
retain said records in its �ossession.
C. The construction cost of the water facilities herein concerned, exclusive of
senrice lines and engineering is estimated �o be �ne F�undr�d 7'weniy�
One �housand, �our Hundred %veniy-Six Dollars ($'i�'i,4a6) .
D. The City agrees to ailow the Devefoper to install, at his �xpense, at the
trme all other sanitary sewer mains in this a�difiion are ir�stalled, a service
line for each fot as shown on #he attached Exhibit A-1 . T�� estimated
cost of these service lines is $ 3'i,��0. Tt�e City agrees to record fih�
location of each said service �ine in respect to the corner of the lot s�rved,
and fo retain said records in its possession.
E. The construction cost of the sanitary sewer facilities to be installed
hereunder, exclusi�e of service Iines and engineering, is es#imated to be
,
�ne Hund�ed and Fi�#een Thou�and. �iqhfi Hundred Sev�nty-Fir►e
Dollars (�9 ��,�7g�.
X-1
f��O.��GY P1�1V➢�: iHL C�OSSIfVC A� ���SI� CR��1r� �wi4S� 3
F. Priar to aflowance of the cons�ruction contract by Developer, the Deveioper
agrees to �ro�ide accepta�le financial guarantee to the city �Far 1 DO percent
of the consfruction of the construction costs along witi� payment of any
Ordinance casts and fees that are applicable. Prior to the award of the
construction contract by the Ci�y or the commencing af any work by the
City or ifs contractors, the Developer agrees to pay to the City:
{�) �a) Qne Hundred percent (10�%) of the Develaper's cost of all water
and sanitary sewer faCilitles within the de�elopment, exclusive of
engineering and service costs, sized to pravide water and sanitary sewer
service withir� the de�elapment.
(b)�ne hun�red
approach water and
deveiopment sized to
de�elopme�t.
percer�t (1�0%) of the De�►eloper's cost ofi all
sanitary sewer facifities outside the fimits of the
pravide water and sanitary sewer service to the
(c) One hundred percent (100%) of the De�eEoper's cost of any
approach water main facility or water facility within the de�eiopment tha# is
�$-inches in size for non-industrial de�elopme�t and 12-inches in size for
industrial development.
(d)One hundred percent (100%} of the De�eloper's cost of any
approach sanitary sewer main facilify or sanitary sewe� facility within the
de�elopment that is 8-inches in size.
(2) An additional ien �aercent (10°10) of the total of the Deuelopers cost
of these water and sanitary sewer facilities, exclusive of cost of service
lines, is required for design engineerir�g if such engi�eering is performed
by the City at the Developer's request.
(3} One hundred percent (� QO%) of the De�eloper's �cost of a11 service
lines, estimated under 1-B and 1-D above, in accordance with �he
�ro�isions of the current Fart Warth City Cade.
(4) A co�struction Inspecfion Fee equal to fin►o (2%) of th� Developer's
actual cost s�are of the construction cost (including all servicesj of �he
wa#er andlor sanitary sewer facilities.
G. The dis#ribution of estimated construction cost between th� City and the
Developer, as per paragraph 1�F above, for all water and sani#ary sewer
facilities to be constructed hereunder is estimated as follows:
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���J�Ci i�Ai��: iF;C CR�SSIA�C� �►�' �OSSIL CRE�1� PHAS� 3
(�) l�I�TER F��ILi�IG� : �
Estimated **
Developer Estimated Tatal
Cost City� Cost Cast
(a) Mains, Wifhin
Development $ 102,037 $ 19,389 $ 121,426
Approach $ -�- $ �0- $ -0-
(b) Easements* $ -0- � -0� $ _p_
(c} Serv�ces •
96 - single 1") $ 36,000 $ -0- $ 36,000
(d)Park partici�ation � -0- $ -p- � _p_
Sub-Totals, Water $� 38,037 $ 19,389 $ 157,426
(2) �l9►NI`iA€�Y S�11d111�R �r4ClLITl�S:
(a) Development $ 115,875
Approach $ -0-
(b) Easements '� $ -0-
(c} Services ( 96 -4") � 31,200
(d)Park Participation $ -0-
Sub-Tatals, Sewer $ 147,075
{�� �O 1 K�
�OR1Si�UCiION CpSi: $ 285,112
(4) C�h15iRU��'IOI�
IIV���CT1C)N ��� ; $ 5,702
�'to be dedicafed by the developer.
** see Page I-4 for City Cosfi
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$ -0-
$ -0-
$ -Q-
$ -0-
� -a-
� -0-
$ 1'i5,87�
$ -0-
$ -0�
$ 31,20a
� -o-
$ 147,07a
a
$ 19,389 $ 304,5a1
$ 388 $ 6,090
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*�` C1�Y RARiICI�ATION �R��KdD�WN F4R:
�R�J�CY Nf���: �b� �ROS�II�C Ri �OSSIL CFtEE� PbA�� 3
OVERSlZED W,47ER MAIN
(Developer pays up to 8" water line; City pays the difference between 1B"/8"
water line, gate �alve and �ttings}
16"18" Water Line ($4�-$17)
843 L.F. x $23 = $ �9,3�9
,
ihe co�t difference i� ba��d on es4ima�e only. �ctual refiund �o �evelope�
shall b� based on l�.�a�er �nd Sewer Gi�y Pa�#ici�afiion C�f� Unit �rices
a�ached herew�ith on page l-�.
iOTAL CI�I( �A��ICIPATIOF� F�FZ.IdV�i�R D���4����1��'
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WAi�R
I�Va4er and Sewe� City �a�fiicipaiion C�A Uni�c �rices
Pay Item lJnit �escr�iption
9 LF 6" Water Pipe
2 L� 8" Water Pipe
3 LF 10" Water PiAe
4 LF 12" Water Pipe
5 LF 16" Water Pipe
� 6 EA S" Gate Valve wlGast Iron box & Lid
7 EA 1 D" Gate Valve wlCast Iron box & Lid
8 �A 12" Gate Va1�e wlCast Iron box & Lid
9 EA 116" Gate Valve wlCast Iron box & Lid
� 1Q 71V Cast [ronlDuctile Iron Fittings
lr�stall 1" A�r & Vacuum Rel�ase Valve
1'� �A wlVault
Instalf 4" blow-Off w14" Gate Valve &
12 EA ISum� Manhole
S�WER
Pay Item Unit �escriptian
� 1 LF 6" 5anitary Sewer Pi�e
� 2 LF 8° Sanitary Sew�r �ipe
� 3 LF 10" Sanitary Sewer Pipe
I �4 LF 12" 5anitary Sewer Pipe
f 5 LF 15" Sanitary S�wer Pipe
� 6 LF' 18" Sanifary Sewer Pipe
� 7 L.F 21" Sanitary Sewer Pipe
� 8 LF 24" Sanitary Sewer Pipe
� 9 EA Standard 4' Qiameier Manho[e
[ 'i0 EA Standard 5' Diameter Manhole
[lnit Pric� from De�efopep's
�r4jects
$ 15.00
$ 17.0�
$ 24.D0
$ 26.00
$ 4o.oa
$ 676.Od
$ 9,182.00
$ 1,223.40
$ 6,587.0�
$ 2,969.00
$ 3, 534.00
$ 3,624.00
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Uni# Price feom ���elope�'s
Prosects
$ 24A0
� 25.ao
' � 2s.aa
$ z7.ao
� 2s.ob
$ 38.00
$ 45.00
$ 48.D0
I $ 'l,293.00
I $ 3,125.a� °
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��o��c� ��t��: Ybf� ��OSSINC �i FOSSI�, C���K PHAS� 3
H. The above cl�arges do not incfude any front foat charges for connection to
exisfing or proposed water andlar sanitary sewer mains constructed or to
be constructed under the provisior�s of the "APPROACH MAIN �PTl4N"
as d�scribed in Section III of the Policy for #he "INSTALLATION OF'
COMMUNITY FACILITIES° adop�ed in September, 'E992. �'hese
additional charges are as fallows:
'1. Applicable to this Cantract in the amount of $ NIA.
by► ContTact No. � NIA dated NIA
Applicable CFA Name NIA
Date: NIA Number NIA
I. When water facili#ies are instailed by contract, installation of water
services will be included as part of the con#ract. Ins�allation of ineter
boxes on those ser�ices may be done by the City, after compietion af
construction of all relati�e curb and gutter worl� on the water facilifies
project site, at a cosfi of $701$135 per contract-�nstalled charge to be due
and payable prior to issuance of a Work Order on the wafer facilities
instailation contract. The above charges do not apply if the De�eloper
elects to incfu€de met�r box installation as pari of the contract. However,
meter boxes mus# conform City standar�s.
J. Within a reasonabl� time after completion of the abo�e referenced
faciiities to be constructed by contract awarded by the Develaper,
provided all conditio�s for City participation have be�n met, the City
agrees to pay the Developer t�e "Estimated City Cost" set out in 1-G
abov�; pro�ided, F�owe�er, tf�at said paymer�t shall be calcufa�ed using the
actual construc#ion costs �nd actual service costs under the pro�isions of
the current Fort Workh City Code, {said payment �o b� calculated as in 1-
G abo�e), based on actual quantities as reflected ir� the fnal estimate paid
to t�e Contractor �y tne Developer and on the actual records of cost l�ept
by the Ci#y as a part of its customary procedures. In the even# th�
difference in t�e deposit and the actual cosfs exceeds $2�, De�eloper
agrees to pay to the City ar�d underpayment which said adjustment might
indicate as being due, and the Ci#y agrees to pay ta Developer any
overpayment.
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I��O��CT IV�{V➢�: iH� ��05�Ii�G �►Y �OSS1L CR��FC �bAS� 3
�C. Work �ereunder sh�ll be complefied within finro (2} years from date hereof,
and it Es understood that any obligation on the part of the City fo mal�e any
refunds with respec# to wa�er andlor sani#ary sewer facilities shall cease
upon the expiration of #wo (2} years from date hereof, except for refunds
due from "fron# foot charges" on water and sanitary sewer mains, which
refiunds may continue to be made for a period of ten (10) years
commencing on the date that approach mains are accepted by the
Director. Ifi fess than 70% of tY�e eligible collections due to the develap�r
has been coflec#ed, the. Developer may reques# in writing an extension of
up to an additional 1 d years for collection of front charges. In the �vent
waier andlor sanitary sewer facilities work is not completed within the (2}
year perioci, City may, at its election, complete such work at Developer's
expense.
L. It is further agreed and uncierstood that any additional payment required
of DeWeloper is to cover only such additional wor[� and/or materia�s as
may be made nec�ssary by conditions encountered during construction,
and shall not include any change 'rn scope of the project.
RECOMMENDED:
Da}e A. Fisseler, �'.E.
Water Director
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P►iT�►CbIUI�[�i A
CENER�L REQUIREfl11ENiS
A. It is agreed and understood by the parties hereto that the de�eloper s�all
employ a ci�il engineer, licensed to prac�tice in the Stat� of Texas, for the
design and preparation of plans and specificafiions for the construction of all
current improvements covered by this contract, subject to Paragraph B.
B. In the event the de�eloper emplays his awn engineer to prepare plans and
specifications for any or all current improvements, the plans and specifications
so prepared shall be subject to approval by the departm�nt having jurisdiction.
One (1 j reproducible set of plans with 16 prints and fi specifications for each
facility shall be furnished �he department having jurisdiction. It is agreed and
understood �hat in the event of any disagreement on th� plans and
specifications, the decision of the TransportatianlPublic Works De�artment
Director, and/or Water Department Directgr will be final.
C. It is further agreed and understood by the parties i�ereto that upon aeceptance
by the City, title to all faci�ities and improvements mentioned hereinabove shall
be vested at all times in fihe City of Fort Worth, and derreloper hereby
relinquishes any right, title, or interest in and to said facilities ar any part
hereof.
D. It is fur�Cher agreed that the decision af the City to not coll�cfi funds for "future
improvements" required in previous CF'A agreements does not constitute an
obligation on the part of the City to construct such "future improvements" at
i#s expense.
E. Work hereunder shall �e complefied v+rithin two (2j years from date hereof, and
it is understood that any obligation on the part of the City to make any refunds
with respecfi fio water andlor sanitary sewer facilities shall cease upan the
expiration of two {2) years from date hereof, except for refunds due from
"front faot charges" on water anc� sani�ary sewer mains, which refunds may
cantinue to be made fior a periad of ten (10) years commencing on the date
that approach mains are accepted by the Director. If less than 70% of the
eligible callections due to the developer has been collected, the Developer may
request in rrvriting an extension of up to an additional 10 years far colfection of
fron� charges. If the constructian under the Community �acilities Contract
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shall have started wi�thin the two-year period, the life of the Community
Facilities Contract shall be extended for an additional one-year perivd.
Community Facility Contracts not completed within the time �eriods stat�d
above will require renewal of the contract with all updated agreements being in
compliance wi�th #he policies in effect at the time ofi such renewal. Developers
must recog�ize that City funds may nat be available to pay a!I or a partion of
the no�'mal City share for renewal cantracts. It must be understood by all
parties to t�e Communifiy Facilifiies Contract that any af fihe facilities or
requirements included in the contract that are to be performed by the
developer, but nflt performed by the develaper within the time periods stated
above, may be completed by the City a� the develaper's expense. The City of
Fort Worth shall nat be nbligated �o make any refunds due to the developer an
any facilities constructed under this agreement until all pro�isions of the
agreement are fulfilled.
F. PERFORMANCE AND PAYMENT GUARANTEES
1. ��r 1!1later and Sani#ary Sewer �acilities:
Performanc� and paym�nt bonds, or cash deposits, acceptable to tha
City are required to be furnished by the developer for the installation of
water and sanitary sewer facilities.
a. Where the developer lets the construction contract for water and
sanitary sewer facilities, perfarmance and payment bonds shall be
eposited, in �he amount of one hundred percent (100%j af the
estimated cast of construction, cash deposited shall be irt tha
amount of one hundred twenty-five percent {7 25%}, as stated
in the canstruction contract, is required to be furnished
simultaneous with execution of the construction contract.
b. Where the City lets the contract, performance and payment bonds
shall be deposited, in the amount vf one hundred percent �100%j
of the estimated cost of constructian as stated in the construction
contract', is required prior to issuance of a work order by the City.
4. �vpes af Cuaran#ees:
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a. Develoqer Bonds: Are required for the construction of water
andlor sewer, the following terms and canditions shall apply:
(� j The bonds will be standard developer bonds pro�ided by a
licensed surety company on forms furnished by tha�t surety
campany.
(2) The bonds will be subject to the review and approval by the
City Attorney.
{3j The bond shall be payable to the City and shall guarantee
performance af fhe, water a�d sewer construction
contemplated ur�der this contract and shall guarantee
payment for all labor, materials and equipmen� furnished in
connection with the water and sewer construction
contemplated under this contract.
[4} In order for a surety company to be acceptable, the name of
the surety shall be inciuded on th� currenfi U.S. Treasury list
of acceptable sure�ies, and th� amount of bond writt�n by
any one acceptable company shall not exceed the amount
shown on �he Treasury list for that compan�.
b. Cash Detaosits: A cash deposit shall be acceptable with
verification and such deposit shall be made to the City c�f Fort
Worth. The City of Fort Worth will not pay interest on any such
cash deposit.
(1 j The cash deposit shall be adjusted to one hundred twenty
five percent (125%y of the actual bid price. No contract
sha11 be awarded and no work order shall be issued until
such adjustment is mac4e.
{2} When a cash deposit is made, the additional twenty-five
percent (25%j beyond the one hundred percent 5104%} of
the estimat�d developer"s share represents additional funds
for change orders during the course of the project. This
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t�nrenty five percent (25%} shall be considered the
developer's change order fund_
c. Escrow Pledqes
d. Pledae Aareements
�. Letters of Credit
f. Com�letion Ac�reements
5. �urqose, ierm and Renewal of �uarantees:
a. Devalapar bonds, anci cash deposits fumished hereunder shall be
for tY�e �urposes of guaranteeing satisfactory compliance by fihe
develaper with all requirements, terms and conditions of fihis
agreem�nt, including, but not limited to, the satisfactory
completion ofi the improvements prescribed herein, anc� the making
af payments ta ar�y person, firm, corparation or other entity with
whom the dev�laper has a direct contractual relationship for the
performance of wor[c h�reunder.
b. Devel�per shall lceep said d�velaper bonds, andlor cash deposits in
full force and effect until such time as developer has fully
complied wifh the terms and cflnditions of this agreement, and
failure to keep same in force and effect shall constitute a default
and breac� of this agreement.
H. The City shall assume its share of the cost of tF�e improvements caverad by
this agreement along with the engineering fee anly if funds are available for
SUCII participation. 1n the event that no f�ands are a�ailable #or City
participation, the developer shall award the contract and depasit with fihe Ci�ty
a developer bonds or cash for 100 percent of the estimated total construction
cost of the improvements [plus ten percent (25%} for engineering and
miscellaneous c�sts if the City prepares the plansl.
f. On ap facilities irtcluded in this agreement for which the developer awards its
own construction contract, the developer agrees to fallow the following
procedures:
1. lf the City participates in the cosfi of the facilities, the construction
contract must be advertised, bid and awarded in accardance with State
sfiatutes prescriE�ing the requirements for the letting of can#racts for fihe
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consfruction of public work. This includes advertising in a locaf
newspaper at leasfi twice in one ar more newspapers of general
circulation in the county or counties in which the work is to be
performed. The second publication must be on or before fihe tenth
{10th} day be#ore the first dafie bids may be submitted. The bids must
be open�d by an offiicer or employee of the City at or in an offiee ofi the
City.
2. To employ a construction con�kractar, who is approved i�y the Director of
the Department ha�ing jurisdiction over the facifity to be so constructed,
said contractor to meet Cifiy's requirements for being insured, licensed
and bonded ta do wark in public rigY�t of way.
3. Ta require the contractar to furnish to the City payment, performance
and maintenance 6onds in #he names af the City and the de�eloper for
ane hundred Qercent (100%j of the contract price of the facility, said
bonds t� be furnished before work is commence. Developer further
shall require the contractor to pravide publ�c liability insurance in the
amounts required by the City's specifications covering that particular
work.
4. To give 48 hours natice to the department having jurisdiction o� intent
to commence constructian of th� facility so that City inspection
personnel will be availabfe; and to require the contractor to allaw fihe
construction to be subject to inspection af any and all times by City
inspecfiion forces, and not to insfall any paving, sanitary sewer, storm
drain, or water pipe unless a responsib{e City inspector is present and
give� his consent to proceed, and �o make such �aboratory tests of
materials being used as may be requireci by the City.
5, To secure ap�roval by the Director af the Department having jurisdiction
of any and a11 partial and final payments to the contractor. Said
approva[ shall be subject to and in accordance with requirements
of this agreemen�, and is nat to constitute appro�al of the
auantities of which payment is based.
fi. Ta delay connections af buildings to servic� lines o� sewer and water
mains cans�ructed under this contract until said sewer ar�d wa'ter mains
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and service lines have been compieted �a the satisfaction of the Water
Department.
7. It is expressly understood by and between the developer and fihe Ci#y of
Fort Warth, that in the event the developer elects to award one single
canstruction co�tract for storm drainage and pavement, said cantract
shafl b� separated in the bidding and Cifiy participation, if any, shall be
iimited to the lowest possible combination of bids as it each of the
above were awarded as separate contracts.
J. Anything to the can�rary herein notwithstanding, tor and in considera�ion of
the promises and the cavenants hereEn made by the City, the developer
covenan�s and agrees as folfaws:
1. The deve{oper shall malce separate elections with regard to water andlor
sanitary sewer facilities, storm drainage, street improvements and stree'�
lights as to whether the work prescribed herein shall be perfarmed by
the City, or by ifis confiractor, or by the de�eloper, through its
confiractor. Each s�parate electian shall be made in writing and
delivered to City no later than six (6) months prior ta the expiration of
this agreement. In the event any of such separate elections has not
been made and delivered to Gity by such date, ii shall be conclusively
presumec� that the developer has efected that such work be performed
by the City in accordance witF� a�l of the terms of th�s agreement, and in
particular Paragra�ph V-F hereof.
2. Irrespective of any such election and whether the work is to be
perfiormed by the City, ar by its contractor or by the de�eloper through
its contractor, the developer covenants and agrees to deliver to the City
a performance and paymenfi guarantee in accorc�ance with the provisions
of this agreement.
3. In addition �o the guarantee required i� the preceding paragraph, in the
euent developer elects that th� work be performed by the City, or by the
City's contractor, or such election is presumed as �rovided above, the
de�eloper couenants and agrees to pay to the City the developer"s share
of the estimated constr�ction C05i5. The amount of such estimatec�
payrr�ent shall be computed as set out in Sectians « 5» hereaf, baseci
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upon the lowest responsi�e b�d for such wor�C, as det�rmined by City, or
upan a cost estimated to b� performed by City forces prepared by the
City, as appropriate, and shall be subject to adj�stment to actual casts
upo� final campfetion of the subject work. Such estimat�d payment
shall be made promptly upon demand by City, it being understood fhat
such paymenf will be made after the receipt of bids for wark, but in
every case prior to the award of any canstruction contract, unless
afiherwise specifiicaily set out hereir�.
4. Deve�aper further covenants and agre�s to, and by these presents does
hereby fully indemnify, ha�d harmless and defend the City, i�ts officers,
agents and employees from and against any and all claims, suits ar
causes of action of any nature wf�atsoever, whether real or
asserted, brought for or on accaunt of any injuries or dama�es to
persons or property, including death, resuft�ng firom, or in any way
connected with, this agreement, ar the construction of tt�e
improvements or facil�ties descril�ed herein, v�hether or no# caused, in
whole orr in �art, bv the nepliqence of officers, aqents, or emplovees, of
the �itv. In addition, the de�eloper covenants to indemnify, hold
harmless and defend the City, its afficers, agents and employees from
anc� against all claims, 5UIt5, or causes or action of any nature
whatsaever brought for, or on accaunt of any injuries or damages to
properly safeguard the work or an account of any act, intentional or
otherwise, neglect or miscancluct of the de�eloper, its contractors,
subcontractors, agents or employees, whether or not caused, in
whole or in part, bd the nec�liqence af afficers, aqents, oe emplovees of
#he Citv.
5. Developer covenanfis and agrees that it discriminat�s against no
individual involving employment as prohibited by the terrrzs of Ordinance No.
7278 Sas amended by Ordinance No. 7400j, an ardinance prohibiting
discrimination in employment practice because of race, creed. color, religion,
national origin �except for illegal aii�nsj, sex or age, unless sex or age is a
bonafide accupational qua�ification, subcontractor or employment agency, either
furnishing or referring applicants to such developer, nar any agent �f developer
is discriminating against any individual involving employment as prohibited by
the terms af sueh Ordinance No. 7278 (as amendec� by Ordinance No. 74DOj.
f�l
! �
1 . ` � 1
K, V�nue of any action brought hereur�der shall be in Fort Worth, Tarrant County,
Texas.
L. The City`s Policy for the Installation of Community Facilities, as adop�ed by the
Cifiy Council an March 2�,2001 in M&C G-1318�, is here6y incorporated
herein by reference, and De�eloper co�enants and agrees to comply with said
Policy as a cor�dition af this con�ract and as a condifiion to fihe platting of �he
subject property.
Develaper and City agree that this Agreement represents the complete and
�xclusive statement af the mutual understandings of the parties and that this
Agreement supersedes and cancels all previous written and oral agreements
and communications related to the subjec� matter of this Agreement.
8
� � r
IN TESTIMONY WHEREOF, the City of Fort Warth has caused this instrument to be
executed in c�uadruplicate in its name and an its b�nalf by its C�ty Manager,
att�sted by its City Secretary, with the corporate seal of the City affixed, and
said De�eloper has executed this instrument in quadruplicate, at Fort Worth,
Texas fhis t�e � day of �.��,�r��, 20 ��
APPROV�D A5 Ta FORM AND
LEGALITY:
�
Gary J. Steinberger
A►ssistant City A#torney
ATTEST; �.
. �
; %� I �, �; _.
�.�l�i �[+L a _ V • n. _.y ti.
loria Pear�n
City Secretary
_ S � �/�j -- �-
Contrac� l���na�iza�ion
/.� - / � _ `�'
Datie - -
�
RECOMMENDED:
�
Da1e A. Fisselerf P.�.
Director, Wafier
Departrr�ent
CITY OF FDR W TH, TEXAS
�
B�I: _ ��
Milce Graomer
Assis#ant City Manager
� ..
� - �
y � /
= �`�>s � � _
Title of Fiepresentative for Developer
' 4'
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LEGEND
PROP. SANITARY SEWER
PROP. 1�ANHOLE
�XiST. SANITARY SEWER
�X15T. MANHOLE
L1MIT$ OF PROJ�CT
��
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PRQPDSED SEY�ER L i�l�S AFtE
8" l7NLE55 QTHERWISE
INQICATED
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�SSON ROAD
— — "— CARTER � 9[7RGE55, INC. �
rrr Awn sro�er i
FO(R yypRfTlrn( 76702
PROJEGT N0. Ot10A4410
n��� + nr �
_ �
SCALEo 1" = 300'
�
PROP. 29' B/B
�oa�waYi�o� Ra
;
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LEGEND
w �//// /I
PROP. �/2-61' B/B
ROADWAY/$D' ROW
PROP. 4' S f ��WALK �•�.•••••••*•••.•••�
tIMITS OF QROJEC7 � ^ �'�
�
� ST'REETS
FXF-�I�d`�' '�'
�]�OSS�VC'x A'�'��]��SSIL �'REEY�
P��ASE Ii�
���r :: ��
CARTER & BlJRGE55, iNC.
m rNaa sr��r
FORT WORFH�Tk 767QT
PROJECT N0. 011044010
n.�r . n. .
��-� s�-�
c�.GsnMsox xonn
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�CALE� 1" = 340'
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PROP. E NLET
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PROP. HEADWALL C
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L IUI I TS 4� PRO.]ECT ��'—'
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FO][T WO[Ih47X 761a2
PROJECT N0. O11044d10
n,�� r nr r
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SCA�E� 1 " = 300'
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LEGEND
PRpP. SINGL£ STREET L1GHT s
EX I 5T. S 1 iVGLE STREET L 1 GWT O
(ON S7EEL PO�E WI7H STREET
aN� STOP SIGNS A7TACHED)
PROP. STRE�T 5 I GiV �
EXI57. STR£ET S1G� �
L � 7v1 � f S �F �r[�aiGL 1 '� r
� '
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� ,d � � S�f1R���T L�C�1-�TS .
�� �m T N ,. � �X1-�11���' 'C' ,
ss x I ts n rr �o I es u u +� � » C1�OSSIN� AT ��F+OSS]CL CRE��
�
� GRAY ROCIC DWVB � ea � JC ��JCS ill..l
Q� r[ x� n� a� � rr I r, � 1a �s � I �
�� � � �
�.����_��—� �r�-��s�
CpTTf'RII.L-ShMSON ROAD
`" f CARTPR R BURGES5. lNG.
m n+wn sia�r
FOIlf SYOICRt,AI 76N12
PRQJECT N0. 911tl�4014
p�rr F nr F
�`ity of �ort Wo�th9 Teacas
l�ayor a�� �ou����
Co �������on
�ATE REFERENCE �IiJMBER LOG I�AME 1�AGE
121181�1 �.� �g�� �OFOS5IL 1 of 2
Sl1BJECT COMMUNITY FACILITIES AGREEMENT WITH D. R. ORTON-TEXAS, LTD. FOR
WATER AND SEWER IMPROVEMENTS TO SERVE THE CR�SSING AT F'OSSIL
CREEK ADDITION, PHASE 3, IN NORTH FORT WORTH
RECOMMENDATION:
If is recommended that the City Council auihoriz� the City Manager to execute a Community F'acilities
Agreement with D. R. Hortor�-Texas, Ltd. for water and sewer improvements to serve The Crossing at
Fossil Creek Addition, Phase 3(96 lotsj, east of Mark N Par�Cway and north of Cantrell-5ansom in
north Fort Worth.
DISCUSSION:
D. R. Horton-Texas, Ltd., the developer of The Grossing at Fossil Creek Addition, Phase 3, has
executed a proposed contract for communifiy facilities to serve a single-family development (see the
attached map). This, and additional developments in the immediate vicinity, are expected fa be
improved by the looping of the water lines.
The total cost �or water ar�d sewer improvements for this development is $310,�91. Th�re wil[ be Cit�l
participation in water pipe oversizing to increase pipe capacity in 41d Decatur Road. A construction
inspection fee will be added to the estimated costs for the developer and the City.
ESTIMATED COST
Proiecf Cast Developer
Water $138,037
Sewer $1 �7,075
Easements -0-
Inspecfian $ 5,702
I ofal $29�,814
This development is located in COUNCIL D1STR[CT 2.
F'15CAL INFORMATIONICERTIFICATION:
The Finance Director ce�tifies that funds are available in
t�te Water Capital Praject F�nd.
MG:k
S►�bmitted for City Manager's
Office by:
Mike Graomer
Originating Deparfinent Head:
Dale Fisseler
Additional Information Contact:
Dale I�isseler
�`UND I ACCOUNT
(to)
G140
�
8247 � (from)
P760 539140
�
82Q7 I
C�
$� 9,389
..�_
-0-
$ 388
$19,77T
Total
$157,426
$147,075
-0-
$ 6,090
$31 Q,�91
the current capital budget, as appropriafed, af
CEI�TER I AMQUNT
060160152600 $'� 9,388.Q0
CITY SECRETARY
APPROVED 12/18/pl
I �
RDUTING A�1D
TRANSMITTAL SL1P
lnitiaks Date
Action
Ap�roval
As Requested
Circulate
Commend
Coord�nation
REMARKS:
Fife
For Clearance
For Correction
F'or Your jnformation
In�estigate
Justify
Note and Retum
Per Conversatian
Prepare Reply
See
Me
Signafiure
i �
C8�l1�Y�1NITY F�CILlTI�S �CR�ENIENT
fo�
ib� C�OSSI[�� �.i F�S51L CREE14 PHAS� �
ESTIM�ITED CITY COST ESTIMATED DEVELOPER COST
WATER: $ 19,777* $ 140,798*
SEWER $ 0 $ 15D,Q17�'
TOTALS: $ � 9,777* $ 290,815*
�` includes inspectian fee.
� � �� I �L�L V�SIJ
I , .' ; �,si °. �!�,