HomeMy WebLinkAboutContract 14900 COMMUNITY FACILITIES AGREEMENT
CITY SECRETARY
THE STATE OF TEXAS § CONTRACT D
COUNTY OF TARRANT §
WHEREAS, Trinity Ranch Joint Venture, a Texas Joint Venture, consist-
ing of Trinity Development, a Texas Joint Venture, as Managing Venturer (in
which Carter-Thompson Companies, Inc., a Texas Corporation, is Managing
Partner) hereinafter called "Developer", desires to make certain improve-
ments to TRINITY RANCH OFFSITE WATER MAIN, SECTION I, an addition to the
City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a
municipal corporation of Tarrant County, Texas, hereinafter called "City
to do certain work in connection with said improvements;
NOW, THEREFORE, KNOW ALL MEN 8Y THESE PRESENTS:
That said Developer, acting herein by and through Gregory S. Carter, duly
authorized President of Carter-Thompson Companies, Inc. , and the City,
acting herein by and through David A. Ivory, its duly authorized Assistant
City Manager, for and in consideration of the covenants and agreements
herein performed and to be performed, do hereby covenant and agree as
follows, to-wit:
TRINITY liANCH OFFSITE
WATER MAIN SECTION I
WATER AND/OR SANITARY SEWER FACILITIES
A. The City agrees to install , by contract or otherwise, or, if Developer
shall so elect , to permit the Developer to let a contract for, in
accordance with its accepted practices, ordinances, regulations, and
the provisions of the City Charter, and subject to the requirements of
the City ' s Policies and Regulations for Installation of Community
Facilities, all as current at the time of installation:
WATER FACILITIES shown on the attached Exhibit "Trinity Ranch Offsite
Water Main Section I", all in accordance with plans and specifications
to be prepared by the Engineering Division of the Water Department,
or, if Developer shall so elect, by private engineers employed by the
Developer and approved by the Water Department.
B. The construction cost of the water facilities herein concerned,
exclusive of service lines and engineering is estimated to be One
Million Two Hundred Seventy Eight Thousand Thirty-eight Dollars
($1,278,038).
C. Prior to the award of the construction contract by the City, or the
commencing of any work by the City or its contractors , if the
Developer does not award his own contract, the Developer agrees to pay
to the City:
One hundred percent ( 100%) of the cost of all approach water
mains outside the limits of his development , except that if a
main larger than a 16-inch size is required, the developer shall
pay 100 percent of the cost of such larger main reduced by City
participation in the cost of such larger size main as follows:
City Participation as
Main Size to be % of Contract Cost of
Constructed Main Size to be Constructed
24" 27%
30" 46%
36" 54%
D. The distribution of estimated construction cost between the City and
the Developer, as per paragraph 1-B above, for all water and sanitary
sewer facilities to be constructed hereunder is estimated as follows:
(1) Water Facilities:
Estimated
Estimated Developer Total
City Cost Cost Cost
(a) Main: Within Development -0- -0- -0-
Approach (*) $345,070 $932,968 $1,278,038
(b) Service (None) -0- -0- -0-
Sub-Totals, Water 345 070 932 968 $1,276,03388
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TRINITY RANCH OFFSITE
WATER MAIN SECTION I
(2) Sanitary Sewer Facilities:
(a) Mains: Within Development -0- -0- -0-
(b) Services (None) -0- -0- -0-
Sub-Totals, Sewers -0- -0- -0-
Grand Totals $345,070 $932,968 $1,278,038
(*) City Cost for a 24" waterline equal to (0.27) X ($1,278,038) = $345,070
E. The above charges do not include any "per connection" charges for con-
nection to existing or proposed sanitary sewer mains constructed or to
be constructed under the provisions of the "APPROACH MAIN OPTION" as
described in Sub-Paragraph (3) , IV-7 of the Policies and Regulations
for "INSTALLATION OF COMMUNITY FACILITIES" adopted January 1, 1972.
These additional charges are as follows:
Not applicable to this Contract XXXX
Applicable to this Contract in the amount of
by Ordinance No . dated
F. Within a reasonable time after completion of the above referenced
facilities to be constructed by the City or by contract awarded by the
City or by the Developer, the City and Developer agree to an adjust-
ment of the Developer' s payment as set out in 1-D hereinabove, so as
to conform said payment to actual construction costs and actual ser-
vice costs under the provisions of the current Fort Worth City Code,
(said adjustment to be calculated as payment in 1-D above) , but based
on actual quantities as reflected in the final estimate paid to the
Contractor by the City or by the Developer, and/or in the event any
portion of the facilities are installed by City forces, on the actual
records of cost, kept by the City as a part of its customary proce-
dures. In the event the difference in the deposit and the actual costs
exceed $25, Developer agrees to pay to the City any underpayment which
said adjustment might indicate as being due, and the City agrees to
pay to Developer any overpayment .
G. Work hereunder shall be substantially completed within two (2) years
from date hereof , and it is understood that any obligation on the part
of the City to make any refunds with respect to water and/or sanitary
sewer facilities shall cease upon the failure to substantially com-
plete such construction within two (2) years from date hereof, except
for refunds due from "perconnection charges" on sanitary sewers and
from "front foot charges" on water mains, both of which refunds may
continue to be made for a period of twenty (20) years after the date
hereof, as elsewhere provided herein. In the event water and/or sani-
tary sewer facilities work is not substantially completed within the
two (2) year period , City may, at its election, complete such work at
Developer' s expense.
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TRINITY RANCH OFFSITE
WATER MAIN SECTION I
H. Not withstanding anything to the contrary contained herein, within a
reasonable time following the completion of the construction of faci-
lities referenced in Paragraph 1-A above, the City shall reimburse the
Developer for the City's proportionate share (as referenced in Para-
graph I-C and I-D) , provided all conditions for "option permitting
developer to let his own contracts for water or sanitary sewer faci-
lity construction," being part of the "Policy for the Installation of
Community Facilities," have been met.
It is further agreed and understood that any additional payment re-
quired of Developer is to cover only such additional work and/or
materials as may be made necessary by conditions encountered during
construction, and shall not include any change in scope of the
project.
RECOMMENDED:
-0.chard W. Sawey, ire for
Water Department
Date: L5ks-
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GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the developer
shall employ a civil engineer, licensed to practice in the State of
Texas, for the design and preparation of plans and specifications for
the construction of all facilities covered by this contract, subject
to Paragraph B.
B. For any project estimated to cost less than $10,000, or for any pro-
ject designed to serve a single lot or tract , the developer may at his
option request the City to provide the design engineering , and if such
request is granted the developer shall pay to the City an amount equal
to 10 percent of the final construction cost of such project .
C. In the event the developer employs his own engineer to prepare plans
and specifications for any or all facilities, the plans and specifica-
tions so prepared shall be subject to approval by the department hav-
ing jurisdiction. One (1) reproducible set of plans with 15 prints and
35 specifications for each facility shall be furnished the department
having jurisdiction. It is agreed and understood that in the event of
any disagreement on the plans and specifications, the decision of the
Public Works Director, Transportation Director , and/or Water Depart-
ment Director will be final.
D. It is further agreed and understood by the parties hereto that upon
acceptance by the City, title to all facilities and improvements men-
tioned hereinabove shall be vested at all times in the City of Fort
Worth, and developer hereby relinquishes any right , title , or interest
in and to said facilities or any part hereof.
E. Performance bonds, certificates of deposit , letters of credit or cash
deposits are required for streets, storm drains and street lights, and
Trust be submitted prior to execution of the contract for installation
of community facilities by the City. The bonds should be standard per-
formance bonds as provided by a licensed surety company (on forms pro-
vided by that surety company); a cash deposit may be made in the Trea-
sury of the City of Fort Worth; or a certificate of deposit or
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letter of credit may be from any financial institution in Fort Worth
Which is insured by the Federal Deposit Insurance Corporation or the
Fet'eral Savings and loan Insurance Corporation. The City of Fort Worth
cannot pay interest on any deposit made hereunder in the Treasury of
the City of Fort Worth.
(a) The developer shall execute four (4) copies of a
letter assigning the deposit to the City of Fort
Worth and providing for the City to withdraw the
deposit if necessary to complete construction.
Such letter of assignment must be accepted in
writing by the financial institutipn.
(b) Upon satisfactory completion of the facilities for
which the deposit is made as security, the City of
Fort Worth shall reassign the deposit to the
developer, including accrued interest or dividends
thereon, upon express order of the City Manager.
I. When the option is exercised to provide a certificate
of deposit in a financial institution, the following
terms and conditions shall apply:
(a) The developer shall execute four (4) copies of a
letter assigning the deposit to the City of Fort
Worth if necessary to complete construction. Such
letter of assignment must be accepted in writing
by the financial institution.
(b) Upon satisfactory completion of the facilities for
which the deposit is made as security, the City of
Fort Worth shall reassign the deposit to the
developer, including accured interest or dividends
thereon, express under order of the City Manager.
2. When the option is exercised to provide a letter of
credit from a financial institution, the form of the
letter shall be approved by the Department of Law. The
international letter of credit form used by banks is
normally acceptable.
3. Performance bonds, certificates of deposit, letters of
credit or cash deposits will be furnished as aqui red
below:
(a) 100 percent of the estimated developer's share of
the cost of the store drain.
(b) 100 percent of the estimated developer's cost of
streets for amounts between $0 and $1001000, or
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$25.000 PIus 75 percent of the estimated developer
cost for amounts between $loD,0Q0 and $25,0,0006 or
=87.500 plus 50 percent of the estimated developer-
cost for amount between :250.000 and $500.800. or
$212.500plus 25 percent of the estimated developer
cost for amounts over $500.000.
(c) 100 percent of the developer's shore of .the cost
of street lights.
(d) A cash payment or certificate of deposit is needed
for that portion of developer's share of border
streets that cannot be assessed.
4. For construction of water and/or sanitary sewer
facilities. a certificate of deposit. letter of credit,
or cash deposit (providing for partial drawings), in
the name of the Cityl shall be furnished to the City as
Sit out below:
(a) Where the developer lets the contract. 100 percent
of-the estimated contract cost of construction. as
stated An the construction contract, is required
simultaneous with execution of the construction
contract; or,
(b) Where the City lets the contract. 100 percent of
the developer's share of the construction contract
cost is required prior to issuance a work order by
the City.
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F. This contract , any part hereof, or any interest herein shall not be
assigned by developer without written consent of the City Manager, and
it is further agreed that such written consent will not be granted for
the assignment, transfer, pledge and/or conveyance of any refunds due
or to become due to developer except that such assignment , transfer,
pledge and/or conveyance shall be for the full amount of the total of
all such refunds due or to become due hereunder. This paragraph shall r'
not apply to any collateral assignment in connection with financing of ✓
construction costs.
G. On all facilities included in this agreement for which the developer
awards his own construction contract , the developer agrees to follow
the following procedures :
(1) If the City participates in the cost of the facilities, the con-
struction contract must be awarded after advertising in a local
newspaper at least one time not less than two weeks to the date
of receipt of sealed bids as required by State statutes prescrib-
ing regulations for contracts for public work. The sealed bids
must be opened in the presence of a representative of the City.
(2) To employ a construction contractor who is approved by the Direc-
tor of the department having jurisdiction over the facility to be
so constructed, said contractor to meet City' s requirements for
being insured, licensed and bonded to do work in public streets,
and to be qualified in all respects to bid on public projects of
a similar nature.
(3) To require the contractor to furnish to the City payment, perfor-
mance and maintenance bonds in the name of the City and Developer
for 100 percent of the contract price of the facility, said bonds
to be furnished before work is commenced. To further require the
contractor to provide public liability insurance.
(4) To give 48 hours notice to the department having jurisdiction of
intent to commence construction of the facility that inspection
personnel will be available; and to require the contractor to
allow the construction to be subject to inspection at any and all
times by City inspection forces, and not to install any sanitary
sewer, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, and to
make such laboratory tests of materials being used as may be
required by the City.
(5) To secure approval by the Director of the department having jur-
isdiction of any and all partial and final payments to the con-
tractor, said approval is made, in accordance with requirements
of this agreement, and is not to constitute approval of the quan-
tities of which payment is based.
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(6) To delay connections of buildings to service lines of sewer and
water mains constructed under this contract until said sewer and
water mains and service lines have been completed to the
satisfaction of the Water Department.
(7) It is expressly understood by and between the developer and the
City of Fort Worth, that in the event the developer elects to
award one single construction contract for all facilities, water,
sanitary sewers , storm drainage and pavement , they shall be
separated in the bidding and City participation, if any, shall be
limited to the lowest possible combination of bids as if each of
the above were awarded as separate contracts.
(8) The City shall use all due diligence to perform all inspection
and approval duties in a prompt manner so as not to delay the
construction of the subject facility.
H. Anything to the contrary herein notwithstanding, for and in considera-
tion of the promises and the covenants herein made by the City , the
Developer covenants and agrees as follows:
(1) The Developer shall make separate elections with regard to water
and/or sanitary sewer facilities, storm drainage, street improve-
ments and street lights as to whether the work prescribed herein
shall be performed by the City , its Contractor , or by the
Developer' s Contractor. Each separate election shall be made in
writing and delivered to City no later than six (6) months prior
to the expiration of this agreement . In the event any of such
separate elections has not been so made and delivered to City by
such date , it shall be conclusively presumed that the Developer
has elected that such work be performed by the City in accordance
with all of the terms of this agreement , and in particular
Paragraph II-E hereof.
(2) Irrespective of any such election and whether the work is to be
performed by the City, its Contractor or by the Developer' s
Contractor , the Developer covenants and agrees to deliver to the
City a performance bond , letter of credit or a cash deposit in
lieu thereof in accordance with the provisions of Paragraph II-E
of this agreement.
(3) In addition to the bond, letter of credit or deposit required in
the preceeding paragraph, in the event Developer elects that the
work be performed by the City , or its Contractor, or such
election is presumed as provided above , the Developer covenants
and agrees to pay to the City his share of the estimated
construction costs. The amount of such estimated payment shall
be computed as set out in Section 1 , hereof, based upon the
lowest responsible bid for such work as determined by City, or
upon a cost estimate to be performed by City forces prepared by
the City, as appropriate, and shall be subject to adjustment to
actual costs upon final completion of the subject . Such
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estimated payment shall be made promptly upon demand by City, it
being contemplated that such payment will be made after the
receipt of bids for work but in every case prior to the award of
any construction contract, unless otherwise specifically set out
herein.
(4) Developer further covenants and agrees to, and by these presents
does hereby fully indemnify, hold harmless and defend the City ,
its officers, agents and employees from all claims, suits or
causes of action of any nature whatsoever , whether real or
asserted, brought for or on account of any injuries or damages to
persons or property, including death, resulting from, or in any
way connected with, this agreement or the construction of the
improvements or facilities described herein; and in addition,
Developer covenants and agrees to hold harmless and defend the
City, its officers , agents and employees from and against all
claims , suits , or causes or action or any nature whatsoever
brought for, or on account of any injuries or damages to persons
or property , including death, resulting from any failure to
properly safeguard the work or an account of any act, intentional
or otherwise , neglect or misconduct of the Developer, its
Contractors, Subcontractors, agents or employees.
(5) Developer covenants and agrees that it discriminates against no
individual involving employment as prohibited by the terms of
Ordinance No. 7278 (as amended by Ordinance No. 7400) , 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
occupational qualification. Developer further covenants and
agrees that no labor organization, subcontractor or employment
agency , either furnishing or referring applicants to such
developer, nor any agent of developer is discriminating against
any individual involving employment as prohibited by the terms of
such Ordinance No. 7278 (as amended by Ordinance No. 7400) .
J. The attached exhibits Appendix "A"; A and Location Map are made a
part hereof for all intents and purposes.
K. Venue of any action brought hereafter shall be in Fort Worth, Tarrant
County, Texas.
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IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument
to be executed in quadruplicate in its name and on its behalf by its City Manager,
attested by its City Secretary, with the corporate seal of the City affixed, and said
Developer has_ executed this ins t ent n quadruplicate, at Fort Worth, Texas, this
the day of 19
ATTEST: CITY OF FORT WORTH, TEXAS
By:
Rutfi Alexander avid A. Ivory
City Secretary Assistant City Manager
A i
APPROVED AS TO FORM AND DEVELOPER: TRINITY RANCH JOINT VENTURE,
LEGALITY: a Texas Joint Venture
By: Trinity Development,
a Texas Joint Venture, Managing Venturer
� Inc.By: Carter-Thompson Companies, In
Y P P c
illiam W. Wood 3-/f - $ a Texas Corporation, Managing
Assistant City Attorney Partner
By:
L
r o S. Carter
P s nt
Date: Jf ATTEST:
By:
Contract Authorization
11
Date
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APPENDIX "A"
COST ESTIMATE SUMMARY
PROJECT TRINITY RANCH OFFSITE WATER MAIN , SECTION I
PERFORMANCE
CONTRACT SECTION DEVELOPER CITY TOTAL GUARANTY
Section I
Water $ 932 ,968 $ 345 ,070 $ 1 ,278 ,038 $
Sewer -0- -0- -0-
TOTAL $ 932 ,968 $ 345 ,070 $ 1 ,278 ,038 $
* Developer shall deposit a letter of credit in the amount of 100% of approved bid
. LEGEND
TRINITY RANCH
CITY BOUNOARY
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City of Fort Worth, exas ��
Mayor and Council Communication
DATE REFERENCE SUBJECT: Contract for the Installation of PAGE
NUMBER Community Facilities Trinity Ranch 2
2-4-86 C-9493 Offsite Water Main Section I 1 °f
Recommendations
It is recommended that:
1) The following fund transfer be approved:
From To Amount Reason n
09-011000-00-653451 09-025074-00-653451 $345,070 To provide funds for
Water Interest Trinity Ranch Offsite City's share of water main
Water Main, Section I construction.
2) The City Manager be authorized to reimburse the developer for the City' s
share of cost for water improvements upon satisfactory completion of the
same; and
3) The City Manager be authorized to execute the Community Facilities
Agreement with the developer, Trinity Ranch Joint Venture, a Texas Joint
Venture. _
Discussion
r n ty Ranch Joint Venture, a Texas Joint Venture, consisting of Trinity
Development, a Texas Joint Venture, as Managing Venturer (in which Carter-
Thompson Companies, Inc., a Texas Corporation is Managing Partner) acting by
and through Gregory S. Carter, its duly authorized President of Carter-Thompson
Companies, Inc. , the developer of Trinity Ranch Offsite Water Main, Section I ,
has executed a proposed contract of community facilities to serve the area
shown on the attached maps.
The estimated cost of community facilities is as follows and subject to actual
bid price:
Project Cost and Financing Developer City Total
Water $932,968 $345,070 $1,278,038
Total $932,968 $345,070 $1,278,038
Water facilities will be installed in accordance with standard policies for the
installation of community facilities.
DATE REFERENCE SUBJECT:Contract for the Installation of PAGE
NUMBER
2-4-86 0_8483 Community Facilities Trinity Ranch 2
The contract includes City participation in the cost of water improvements. In
order to provide sufficient funds for the City's share of the cost of water
improvements, a fund transfer is proposed from Water Interest, Capital Improve-
ment Fund 09, Project No. 011000-00 to Capital Improvement Fund 09, Project
No. 025074-00, Trinity Ranch Offsite Water Main, Section I.
Plan Commission Approval
On September 26, 1984, the City Plan Commission approved the concept plat
(C-84-9) for Trinity Ranch Addition.
DI:sbs
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: ❑ APPROVED
ORIGINATING ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Joe Bilardi CITY SECRETARY
FOR ADDITIONAL INFORMATION p p
CONTACT: J. Tuome 8178 DATE