HomeMy WebLinkAboutContract 12120 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS §
CITY SECRETARY
COUNTY OF TARRANT § CONTRACT No../� ®
WHEREAS, Santa Fe Land Improvement Company hereinafter called
"Developer", desires to make certain improvements to Santa Fe Southwest
Industrial Park (Hulen Street from Granbury Road to Oakmont Parkway) , an
addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a
municipal corporation of Tarrant County, Texas, hereinafter called "City",
to do certain work in connection with said improvements;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That said Developer, acting herein by and through Carl Merritt, its duly
authorized General Manager, and the City, acting herein by and through
Robert L. Herchert, its duly authorized City Manager, for and in
consideration of the covenants and agreements herein performed and to be
performed, do hereby covenant and agree as follows, to-wit: ONRHRM L RECORD
P11 TV V IS1 Rh E,TAIRY
WATER AND/OR SANITARY SEWER FACILITIES
A. The City agrees to install, by contract or otherwise, or to perinit the
Developer to let a contract for, in accordance w►ti► 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 tine of installation:
WATER FACILITIES to serve the lots as shown on the attached Exhibit
B_ , and SANITARY SEWER FACILITIES to serve the lots as shown on
The attached Exhibit B-1 , all in accordance with plans and specifications
to be prepared by the Engineering Division of the Water Department, or by
private engineers employed by the Developer and approved by the Water
Department.
B. The City agrees to install, at Developer's expense, at the time all other
water mains in this addition are installed, a service line for each lot as
shorn on the attached Exhibit NA - The estimated cost of these service
lines is $ _ . The City agrees to record the location of each
said service line in respect to the corner of the lot served, and to retain
said records in its possession.
C. The construction cost of the water facilities herein concerned, exclusive of
service lines and engineering, is estimated to be fifty-five thousand, one hundred
Dollars ($ 55,100.00 j, -
D. The City agrees to install, at Developer's expense, at the time all other
sanitary sewer mains in this addition are installed, a service line for each
lot as shown on the attached Exhibit NA . The estimated cost of these
service lines is $ . Th—e—Mty agrees to record the location
of each said service line in respect to the corner of the lot served, and to
retain said records in its possession.
E. The construction cost of the sanitary sewer facilities to be installed here-
under, exclusive of service lines and engineering, is estimated to be
twenty-two thousand�nine�hundred Dollars ($ 22,900.00 ).
F. Prior to the award of the construction contract by the City, or the com-
mencing of any work by the City or its contractors, if the Developer does
not award his own contract, the Developer agrees to pay to the City:
(1) (a) One hundred percent (100%) of the cost of all water and
sanitary sewer facilities within the development, exclusive of
engineering and service costs, through the 8-inch size, including
the costs of larger sized facilities adjusted to 8-inch size costs;
and
►Q) One hundred percent (100%) of the cost of all approach water
main facilities outside the limits of the development through
the 16-inch size, including the costs of larger sized facilities
adjusted to 16-inch size costs, less ten percent (10%) of the
calculated front foot charges for lots contained in the develop-
ment served by such approach water main facilities; and
1-1
(c) One hundred percent (100%) of the cost of all approach sanitary
sewer facilities outside the limits of the development through
the 24-inch size, including the costs of larger sized facilities
adjusted to 24-Inch size costs, less ten percent (106) of the
calculated front foot charges for lots contained in the develop-
ment served by such approach sanitary sewer facilities.
(2) An additional ten (10%) percent of the total of the Developer's cost
of these water and sanitary sewer facilities, exclusive of cost of
service lines, for design engineering, if such engineering is performed
-by the City. This charge will be waived if private engineers employed
.by the Developer and approved by the Water Department perform the
design engineering.
(3) One hundred (100%) percent of the cost of all service lines, estimated
under 1-5 and 1-0 above, in accordance with the provisions of the
current Fort Worth City Code.
G. The distribution of estimated construction cost between the City and the
Developer, as per paragraph 1-F €above, for all water and sanitary sewer
tacilitles to be constructed hereunder Is estimated as follows:
(1) Water Facilities:
Estimated
Estimated Developer Total
City Cost Cost Cost
(a) Malnse Within Development .. 40,587 (1 ) 14,513 5511OQ
Approach
(b) Services
Sub-Totalse Water 40,E 587 14� ,513 55,100
(2) Sanitary Sewer Facilities:
(a) Mainsa Within Development 22,900(2) 22,900
Approach
(b) Services ( )
Sub-Totals, Sewers 22,900 22,900
Grand.Totals 40587 37,413 78,000
(1 ) Credit for 950 feet of 16" in lieu of 8" main at an estimated
$40,587.
(2) $17,794 of this cost is -included in the strom drain.
See Sheet II-11.
1-2
H. The above charges do not include any "per connection" charges for con-
nection to existing or proposed sanitary sewer mains constructed or to be
constructed under the provisions of the "APPROACH MAIN OPTION" as
described in Sub-Paragraph (3), IV-7 of the Policies and Regulations for
"INSTALLATION OF COMMUNITY FACILITIES" adopted January 1, 1972.
These additional charges are as follows:
Not applicable to this Contract XX
Applicable to this Contract in the amount of
by Ordinance No. _ dated
When water facilities are installed by contract, installation of water
services will be included as part of the contract. Installation of meter
boxes on those services will be done by the City, after completion of
construction of all relative curb and gutter work on the water facilities
project site, at a cost of $60 per contract-installed service, such meter box
installation charge to be due and payable prior to issuance of a Work•Order
on the water facilities installation contract.
I. Within a reasonable time after completion of the above referenced
facilities to be constructed by the City or by contract awarded by the City
or by the Developer, the City and Developer agree to an adjustment of the
Developer's payment as set out in 1-F and 1-G hereinabove, so as to
conform said payment to actual construction costs and actual service costs
under the provisions of the current Fort Worth City Code, (said adjustment
to be calculated as payment in 1-F and/or 1-G above), but based on actual
quantities as reflected in the final estimate paid to the Contractor by the
City or by the Developer, and/or in the event any portion of the facilities
are installed by City forces, on the actual records of cost, kept by the City
as a part of its customary procedures. in the event the difference in the
deposit and the actual cos i!� exceeds $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.
It is further agreed and understood that any additional payment required of
Developer is to cover only such additional work and/or materials as may be
made necessary by conditions encountered during construction, and shall
not include any change in scope of the project.
RECOMMENDED:
X c �
J. L. Robinson, Director
Water Department
Date: ^/
1-3
II
STOM DRAINAGE AND STREET IMPROVEMENTS
A. GENERAL, PROVISIONS:
1. The Developer acknowledges that he has complied with Article 104 . 100 of
Ordinance 7234 and hereby relieves the City of any responsibility of ally
inadequacies in preliminary plans and cost estimates supplied for the
purpose of this contract and further agrees that lie will comply with the
subdivision ordinance, City Plan Commission rules and regulations and
policy for installation of community facilities and all applicable
policies, rules, regulations and ordinances of the City regarding de-
velopment.
2. The Developer agrees to install or cause to have installed, the storm
drainage facilities and street improvements shown on the attached
Exhibit A and/or Exhibits A and A-1, in accordance with plans and
specifications prepared by the City or prepared by the Developer's
engineer and approved by the Public Works Director.
3. The Developer agrees that he shall be responsible for requesting,
securing, and coordinating the installation of all required utilities
to serve the development. The Developer agrees that no construction
will begin on the subgrade treatment, pavement, sidewalk or curb and
gutter within the limits of any street, included herein, and as shown
on Exhibit A prior to the installation of all underground utilities
including, service lines. The Developer shall submit a list of all
utilities which are planned to be installed and which lie has requested
installation from the various companies. Developer further agrees
that no work will begin on any street included herein prior to the
paving contractor's execution and delivery of Performance and Payment
Bond in an amount equal to 100 percent of the cost of the work and a
one (1) year Maintenance Bond to the City of Fort Worth, as per forms
furnished by the City.
4. Except where specifically stated otherwise in this contract, the Developer
hereby agrees and binds itself to provide all necessary right-of-way and/
or easements required to construct the streets and/or storm drainage
improvements, including any drainage outfall, to locations as approved
by the Public Works Director.
5. The Developer agrees to submit plans and specifications prepared by an
approved Professional Engineer, registered in the State of Texas , pro-
ficient in Civil Engineering, for the improvements required under this
agreement. Such plans shall be in compliance with the policies, ordi-
nances, and rules of the City of Fort Worth, and are subject to approval
by the Public Works Director. After said plans are approved or witnessed
by the signature of the Directors of Public Works, Water and Traffic
Engineering Departments, the Engineer shall provide the City one (1) set
Contract For: Santa Fe Southwest Industrial Park,
(Hulen Street from Granbury Road to Oakmont Parkway)
II-1
of reproducible approved plans, platted x-sections, and specifications;
and nineteen (19) copies of the plans and eight (8) sets of the speci-
fications and contract documents, (four (4) unexecuted, 2 executed and
2 conformed sets) . In the event some of the streets included in this
contract are to be improved on the assessment basis, then the Engineer
shall provide an additional twelve (12) copies of the plans which will
be used for distribution to the Bidders.
6. The Developer agrees to complete the improvements covered by this agree-
ment within 90 calendar days after having been instructed to do so, in
writing, by the Public {Yorks Director. It is understood that the
Developer will initiate the construction of all improvements to conform
with his own schedule, except for those improvements which the Public
Works Director deems necessary for the proper and orderly development
of the area. In the event Developer fails to carry out any such instruc-
tions within the 90-day period, the Developer gives the City the right to
award a contract for the improvements in question, and agrees to pay to
the City prior to the award of the contract, the amount of the low bid.
7. Should it become evident during the construction of the street improvements
herein described that concrete valleys or subdrains are required to properly
drain the area and subgrade, Developer agrees to install at its own expense,
such concrete valleys and/or subdrains as may be required in the judgment
of the Public Works Director.
8. The Developer agrees that all improvements to be constructed hereunder will
be subject to inspection and approval by the Public {Yorks Director.
9. The Developer agrees to furnish to the City, simultaneous with Developer's
execution of this contract, a "Performance Bond" or cash deposit in
accordance with Paragraph F, Subparagraph 3, Section IV of the contract.
This bond or deposit will be conditioned upon the satisfactory compliance
by the Developer with all requirements concerning improvements as set
forth in this agreement.
10. In the event the Developer awards his own contract and does not desire
City participation, the Developer pays the entire cost of storm drainage
and/or street facilities. The conditions set out in Section IV, Paragraph
F shall apply.
11. In the event the Developer desires City participation and follows the
procedure as set forth in Sections IV and V of the "Policy for Installa-
tion of Community Facilities" the City's participation in the costs shall
be as shown in II.B. of Storm Drainage Improvements, and II.0 Street
Improvements.
12. Upon completion of these facilities, it is agreed and understood that the
Developer's estimated participation in the costs as may be indicated in
this contract, shall be adjusted to equal the final costs, except that
the City shall not be obligated to make any refunds until all facilities
II-2
required under all sections of this agreement have been completed to
the satisfaction of the City. No refund of less than $25.00 will be
made. In the event the difference in the deposit and actual cost
exceeds $25.00, the Developer agrees to pay to the City any underpay-
ment and the City agrees to refund any overpayment to the Developer.
13. The City agrees and binds itself to furnish necessary construction
engineering without charge within a reasonable time after receipt of a
written request from the Developer or its authorized contractor in
connection with the setting of line and grade stakes for excavation,
curb and gutter construction, street and storm drain construction, and
to furnish inspection on the project. In this connection, City agrees
to prosecute such work in such manner as not to delay unreasonab] the
Developer's operation. Line and grade and inspection is not furnished
for construction of utilities.
14. Approval by the Public Works Director shall not constitute or be deemed
to be a release of the responsibility and liability of the Developer,
his engineer, employees, and agents for the accuracy and competency of
their designs and specifications. Such approval shall not be deemed to
be an assumption of such responsibility and liability by the City for
any defect in the designs and specifications prepared ..by the consulting
engineer, his agents and employees, it being the intent of the parties
that approval by the Public Works Director signifies the City's approval
of only the general design concept of the improvements to be constructed.
In this connection the Developer shall for a period of five (5) years
after the acceptance by the City of the completed construction project
indemnify and hold the City and all of its officers, agents, servants
and employees harmless from any loss, damage, liability or expense, on
account of damage to property and injuries, including death, to all
persons which may arise out of any defect, deficiency or negligence of
the engineer's designs and specifications incorporated into any improve-
ments constructed in accordance therewith, and the Developer shall defend
at his own expense any suits or other proceedings brought against the City
and its officers, agents, servants and employees, or any of them on account
thereof, to pay all expenses and satisfy all judgments which may be in-
curred by or rendered against them or any of them in connection therewith.
II-3
B. STORM DRAINAGE IMPROVEMENTS:
1. Based upon preliminary engineering design the following storm drainage
facilities are required. It is understood that actual sizes, quantities,
and costs may vary after detailed engineering is accomplished, and bids
are taken.
Description of Work to be Done:
The Developer agrees to install or have installed, the storm drain
system for this project as shown on Exhibit "A-111, attached hereto,
in compliance with all applicable City of Fort Worth Rules and Re-
gulations and Construction Standards. The Developer also agrees
to provide sufficient drainage easements, where necessary, to ade-
quately contain the storm drain system. In the event stage develop-
ment or temporary construction measures are used, the Developer
agrees to construct the storm drain system to design criteria
necessary for ultimate land use when future proposed development
warrants.
2. Cost Distribution:
a. The developer shall pay the entire construction cost of the
storm drainage facilities consisting of pipe 36-inches or
less in diameter, including the cost of manholes, inlets,
excavation, etc.
b. Where pipe larger than 36 inches is used, the developer
shall pay an amount equal to 100 per cent of the cost of
furnishing and installing 36-inch pipe, plus 75 per cent
of the additional cost of furnishing and installing the
pipe larger than 36 inches, plus 100 percent of the cost of
all trench and channel excavation, manholes, inlets, lead
lines, headwalls, and any other items required to complete
the system.
c. Where a channel is constructed, the developer's participation
shall be as follows:
Contract for: Santa Fe Southwest Industrial Park,
(Hulen Street from Granbury Road to Oakmont Parkway)
II-4
1) Pay 75 percent of any required and approved lining, in
place.
2) Excavate the channel at its expense to the line and
grade established by the Public Works Department.
3) Provide sufficient right-of-way for the channel, in
accordance with City of Fort Worth Drainage Policy.
4) Construction of any required chain link fence or other
fence meeting requirements of the Public Works Director
to enclose the channel area adjacent to residential lots,
and also in any other cases where the Public Works Direc-
tor deems it necessary to restrict access to the channel.
5) Installation of any pipe, trench excavation, inlets,
manholes, guard rails, and other appurtenances, etc. , to
complete the drainage facilities.
d. Bridges and Culverts: The developer shall pay 75 percent of the
cost of any bridge or culvert for a street crossing up to a road-
way width of 40 feet plus pedestrian ways. If a roadway wider
than 40 feet is required by the City, the additional cost of the
excess width will be paid by the City of Fort Worth. In the event
the Developer desires a bridge with a roadway wider than 40 feet,
and it is determined by the Director of Public Works that the
additional width is not required by the City, then the Developer
shall pay 75 percent of the cost of culvert or bridge structures
required for a 40 foot roadway width and 100 percent of the
additional cost above 40 feet.
e. The City shall pay engineering cost in the amount of 6 percent of
the cost of the City's share of construction as defined above upon
completion and acceptance of the storm drain facilities.
3. In addition to the standard cost distributions listed above, the
following special cost distribution conditions are included:
N/A
Rev. 2/78 II-5
4. Estimate of Construction Cost
Developer
Item Quantity Unit Price Cost City Cost Total Cost
N/A
II-6
C. STREET IMPROVEMENTS BY DEVELOPER:
1. Developer hereby agrees and binds itself to:
a. Excavate at its own expense all streets, including parkways
and roadways, to line and grade to be set by the City Engineer.
b. Construct at its own expense, curb returns at all street inter-
sections within or adjacent to the area covered by this contract.
C. Be responsible for grading the parkway between the curb lines
and the property lines to the proper elevations. Construct at
its own expense sidewalks, as shown on Exhibit A, to the line
set by the City Engineer.
d. Grade a4l 20' x 20' and 1$' x 15' Open Space Easements down to
a height of not more than' 24" above the top of the curb.
e. Construct at its own expense curb, gutter and approved paving
at the following locations:
N/A
Contract for: Santa Fe Southwest Industrial Park,
(Hulen Street from Granbury Road to Oakmont Parkway)
II-7
2. Cost Distribution:
a. The Developer shall bear all of the cost of street improvements up
to a roadway width of forty feet.
b. If the developer constructs a wider street than requested by the
City, the developer shall pay the entire cost of the extra width.
However, in the event a street wider than forty feet is constructed
at the City's request, the City will make the following reimburse-
ment to the developer upon completion of the entire length of
street included in the developer's agreement.
1) The reimbursement shall be for the cost of the road width in
excess of 40 feet on roadways up to 64 feet in width when
required by the City. For roadways 64 feet or greater in
width, the reimbursement shall be for the cost of roadway
width in excess of 40 feet adjacent to property zoned resi-
dential and for the cost of roadway width in excess of 44 feet
when the adjacent property is zoned other than residential.
2) The reimbursement, adjacent to residentially zoned property,
shall also include the additional construction cost resulting
from constructing pavement suitable for a collector, arterial,
industrial or commercial uses where such pavement is required
by the Public Works Director and included in the developer's
agreement.
3) The reimbursement shall be based on unit prices actually paid
by the developer and approved by the Public Works Director,
except that the reimbursement for excavation shall not exceed
$0.75 per cubid yard.
c. The City shall pay engineering costs in the amount of 6 percent of
the cost of the City's share of construction as defined above upon
completion and acceptance of the street facilities.
3. In addition to the standard cost distributions listed above, the following
special cost distribution conditions are included:
The City of Fort Worth will reimburse the Developer for sidewalks
constructed as shown on Exhibit "A". The sum will not exceed 50%
of the actual cost of sidewalks or 50% of the cost using maximum
unit price rates in effect at the time, whichever is lesser.
Rev. 2/78 11-8
4. Estimate of Construction Cost
Developer
Item Quantity Unit Price Cost City Cost Total Cost
II-9
D. STREETS TO BE IMPROVED ON THE ASSESSMENT BASIS:
1. The Developer hereby agrees that the following streets will be improved
on the assessment basis; *
Hhlen..Street - From and connected with the northwesterly curb line of
Old Granbury Road northwesterly approximately 1600 feet to the north
right-of-way line of Oakmont Parkway, consisting of thoroughfare grade
reinforced concrete pavement in a configuration of two 36 foot roadways
on 120 feet of right-of-way.
2. The above improvements must be advertised for, and the City must
receive bids, award the contract, hold a benefit hearing, and comply
with the requirements of the State Statutes and City Charter. **
3. Prior to the execution of this contract, the Developer will deposit
$ *** with the City, this amount being the difference between
the estimated developer's assessment and the amount a single property
owner would be assessed in accordance with the assessment paving policy
in existence at the time the community facilities contract is executed.
The difference between the developer's assessment and the amount assessed
the property owner results from not granting a residential credit to the
developer. The property owner, who has purchased the lot from the
developer, would be granted credits in accordance with standard assess-
ment paving policy.
4. In the case of any of the property adjacent to the said street(s) being
sold by the Developer, he shall notify the purchaser or purchasers prior
to such sale by means of a letter that an assessment will be brought
against the property at some future date. ****
It is understood and the Developer agrees that Hulen Street is to be
constructed as an interior street under normal developer policy. Con-
sequently, the Developer is responsible for initial funding of his share
of street and storm drain improvements in advance of the award of a con-
struction contract for those improvements.
** The bids have been received by the Developer and/6r his engineer in keep-
ing with City requirements. The City agrees to award the contract to the
low bidder provided that contractor is acceptable to the City and provided
the contractor agrees in writing to the City making the award.
*** A deposit is required of the Developer but not due to the provisions of
paragraph 3 above.
**** The provisions of paragraph 4 above are not applicable to the Developer
after he has executed this community facilities agreement and provided
the City the cash deposit required by same.
II-10
S. Estimate of Construction Cost:
Item Quantity Unit Price Estimated Cost
R.O.W. Prep. Lump Sum $16,186 $ 16,186
Remove curb 156 L.F. 1.25 195
Unclass. St. Excay. 1153 C.Y. 2.80 . 31,228
Borrow 5150 C.Y. 1.95 10,042
Top Soil 2700 S.Y. .66 19782
Seeding 2700 S.Y. .63 1,701
6" Lime Stab. 9390 S.Y. 1.11 10,423
Lime 113 Tons 71.14 8,039
6" HMAC base (Misc. locations) 50 Tons 48.74 29440
HMAC level course 100 Tons 40.45 4,045
4" HMAC for drive 10 Tons 174.81 1,748
7" Conc. pavement 15,367 S.Y. 14.42 221,592
6" Con. curb 5171 L.F. 1.50 7,756
7" Conc. curb 5421 L.F. 1.50 8,132
6" Conc. driveway 400 S.F. 2.78 1,112
Flex-Beam Guard Rail 280 L.F. 15.75 4,410
Adjust Manholes 7 ea. 200.00 1,400
Adjust water valves 5 ea. 100.00 500
14" signal conduit 110 L.F. 4.83 531
2" signal conduit 220 L.F. 5.57 11-225
Traffic Pavement Markers 485 Varies w/item 4,087
(Various items)
Total (Streets) $310,574
Unclass. Channel Excay. 930 C.Y. 5.25 4,882
Unclass. Trench Excay. 294 C.Y. 4.20 1,235
Washed gravel bedding Mtl. 10 C.Y. 15.75 158
Conc. for culverts 478 C.Y. 176.40 84,319
Conc. rip-rap 19 C.Y. 210.00 3,990
Reinforcing steel 60,665 lbs. .37 22,446
21" Class III RCP 370 L.F. 32.55 12,043
24" Class III RCP 20 L.F. 65.10 1,302
20' Curb inlets 6 ea. 2,887.50 17,325
10' Curb inlets 1 ea. 2,467.50 2,468
Stone Rip-rap 340 Tons 42.00 14,280
Sub-total $164,448
Relocation of approximately 330 feet of existing 18" sanitary sewer line because of
conflict with proposed drainage facilities. $ 17,794
Total (Storm Drains) $182,242
II-11
5. Estimate of Construction Cost: Continued
Total (:Streets and Storm Drains) $492,816
* Rounded to whole dollars
* Estimate determined from compilation of several applicable bid items
' submitted for water and sewer improvements for this project.
II-11a
6. The estimate of costs for the assessment paving, including storm drain
costs, is as follows:
Admin. 4
Design Const.
Const. R.O.W. Engr.** Engr. Total
a. Project Costs $492,$16 $ -0- $ 140811 $ 34,497 $ 542,124
b. Non-developer property
owner cost to be
assessed* $27,378
c. Developer Deposit:
1) Developer costs with-
out residential
credit* $ 2450075 ***
2) Developer costs with
residential credit* $ --0-
3) Developer Deposit
(l) 2) )* $ 245,975
4) Developer's Total Cost for
assessment paving will bet*
[ 2) + that portion of 2)
that lots have not been sold]
d. City Costs
[Total project cost - (b+c 1)] $ 268,771
*Includes 6% Engineering
* Includes 6% engineering of City share of construction and 6% engineering of y
non-developer share of construction cost.
*** Storm drain portion of this sum includes 75 percent of the estimated cost of
an alternate design of the main drainage line plus 100 percent of the cost
of small storm drains. The alternate design, a lined open channel in the
roadway median, has been estimated to cost $99,105; 75 percent of which is
$74,779.
7. The Developer agrees to pay for engineering costs for preparation of plans and
specifications and the City shall reimburse engineering costs in the amount of
6 percent of the cost of the City's share of construction; as defined by Section
C-2 of this agreement, upon completion and acceptance of the street and storm
drain facilities.
Rev. 2/78 4C II-12
t
E. SUMARY OF COST: Developer City Total
Storm Drain Improvements
Construction
$ . N/A $ N/A $ N/A
-
Design ( % of Construction
Cost)*** $ NI A $ NL4-
Construction Engineering and $ N/A $ N/A
Administration
( % of Construction Cost)
Street Improvements
Construction $ N/A $ N/A $ N/A
Design ( % of Construction $
Cost)*** N/A $ N/A
Construction Engineering and $ N/A $ N/A
Administration
( % of Construction Cost)
Assessment Paving
Construction $ 245,975 ** $ 246.841 $ 492.816
Engineering to be included $ 1,550**** $ 1,550
in the assessment -
( 6 %) of amount assessed.
$ 34,497 $ 341497
Construction Engineering and
Administration (___Z2-) o£
Construction Cost
City's shake of design engineering to be $ 13,261 $ 13,261
reimbursed to Developer. $ -0- S -0-
Right-of-way Costs , 149
TOTALS $ 245.975 __.***
*Includes $_25,828 to be assessed aga. st ther property owners. (Page II-12
6b + 1.06) pF VdhiG�/i
**Includes $ 245,975_ to be deposited by the Developer prior to the execution of the
contract -`po��wo6kttobrelocateel8thsanitarypsewer,or about the time
of completion
***Does' fiot, include Dbvejod 6 lsso Dbiigh' Ehtftee,16TP91•Cost on interior streets and storm drains.
****Six percent engineering to be assessed.
Recommended
Contract for: Gary b�Sante;re, P.E. , Director of
Santa Fe Southwest Industrial- Park Transportation and Public Works
u en OLLUCL. rom ran ury Road to Based on Policy Effective
Oakmont Parkway)
September 8, 1981
Rev. 2/78 I1-13.
III
STREET LIGHTS
1, City agrees to install or to cause to be installed, or the developer agrees to cause
to be installed, street lights at the approximate locations shown on the attached
plat marked Exhibit "C", said street lights to be installed in accordance with plans
and specifications to be agreed to by the Traffic Engineering Department.
2: The developers cost of said street lights is estimated to be $ 5,600
3� In the event the City is to install or cause to be installed the street lights shown
on the attached plat marked Exhibit "C", the developer hereby agrees to pay to the
City an amount equal to the estimated cost as stated in Paragraph 2 above within 15
calendar days after being notified to do so in writing by the Director of the Traffic
Engineering Department. Within a reasonable time after completion of the installation
of street lights, the City and developer hereby agree to adjust the developer's payment
so that it is equal to the final construction cost, provided the difference is in ex-
cess of $25.00; however, the City shall not make any such refund until all facilities
required under all sections of this agreement have been completed to the satisfaction
of the City.
4< The City agrees to furnish all field engineering and construction inspection of the
street light installation.
5, The developer agrees to furnish and/or dedicate all necessary easements, on property
owned by the developer, required for the installation of said street lights.
6. In the event the developer employs his own contractor to install the street lights,
the conditions set out in Section IV, Paragraph H hereof shall apply. In this event,
the developer agrees to complete the installation of the street lights within 90
calendar days after having been instructed to do so in writing by the Director of
the Traffic Engineering Department.
7� It is understood that the developer is expected to install the street lights accord-
ing to his schedule for development, but that the developer agrees to install such
street lights, or pay the City for such street lights, as the Director of the Traffic
Engineering Department deems necessary for the proper and orderly development of the
area.
8. The City will pay $5,600 as its share of the estimated cost of street lights required
on Hulen Street. This amount is not included in Paragraph 2 above.
RECOMMENDED:
Santa Fe SQutbwest _
industrial' Park
t
Gary L anterre
Traffic Engineering Director
8-28-81
iiI-1
IV.
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 $6,000, or for any project
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
specifications so prepared shall be subject to approval by the
department having jurisdiction. One (1) reproducible set of plans with
15 prints and 35 specifications for each facility shall be furnished
the department having jurisdiction. It is agreed and understood that
in the event of any disagreement on the plans and specifications, the
decision of the Public Works Director, Transportation Director, and/or
Water Department Director will be final .
D. It is further agreed and understood by the parties hereto that upon
acceptance by the City, title to all facilities and improvements
mentioned 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. The life of this contract shall be five (5) years and it is under-
stood that any obligation on the part of the City to make any refunds
hereunder shall cease upon the expiration of five (5) years from the
date of execution of this contract, except for refunds due from "per
connection charges" on sanitary sewers and from "front foot charges"
on water mains, both of which refunds may continue to be made for a
period of ten (10) years after the date hereof, as elsewhere provided
herein. It is understood by and between the parties hereto that any of
the facilities or requirements included herein to be performed by
developer not completed within the five (5) year period, may be com-
pleted by the City at :the developer's expense, and the City of Fort
Worth shall not be obligated to make any refunds due the developer on
any facility constructed under this agreement until all provisions of
the agreement are fulfilled.
F. Performance bonds, certificates of deposit, letters of credit or cash
deposits are required for streets, storm drains and street lights, and
must be submitted prior to execution of the contract for installation
of community facilities by the City. The bonds should be standard
performance bonds as provided by a licensed surety company (on forms
provided by that surety company) ; a cash deposit may be made in the
Treasury of the City of Fort Worth; or a certificate of deposit or
IV-1
letter of credit may be from any financial institution in Fort Worth
which is insured by the Federal Deposit Insurance Corporation or the
Federal 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 institution.
(b) Upon satisfactory completion of the facilities for
which the deposit is made as security, the City of
Fort Worth shall reassign the deposit to the
developer, including accrued interest or dividends
thereon, upon express order of the City Manager.
1. 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 required
below:
(a) 100 percent of the estimated developer's share of
the cost of the storm drain.
(b) 20 percent of the estimated developer's cost of
streets for amounts between $0 and $25,000, or
IV-2
$5,000 plus 15 percent of the estimated developer
cost for amounts between $25,000 and $50,000, or
$8,750 plus 10 percent of the estimated developer
cost for amount between $50,000 and $100,000, or
$13,750 plus 5 percent of the estimated developer
cost for amounts over $100,000.
(c) 100 percent of the developer's share of the cost
of street lights.
(d) A cash payment or certificate of deposit is needed
for that portion of developer's share of border
streets that cannot be assessed.
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 City, shall be furnished to the City as
set out below:
(a) Where the developer lets the contract, 100 percent
of the estimated contract cost of construction, as
stated in 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.
IV-3
G. 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.
H. 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 construction contract must be awarded after
advertisingin 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 prescribing
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 Director of the department having jurisdiction over
the facility to be so constructed, said contractor to
meet City's requirements for being insured, licensed
and bonded to do work in public streets, and to be
qualified in all respects to bid on public projects of
a similar nature.
(3) To require the contractor to furnish to the City
payment, performance and maintenance bonds in the name
of the City for 100 percent of the contract price of
the 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 juris-
diction 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 draip, 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 jurisdiction of any and all partial and final
payments to the contractor, said approval is made, in
accordance with requirements of this agreement, and is
not to constitute approval of the quantities of which
payment is based.
IV-4
(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 storm drainage and pavement, shall be sep-
arated 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.
I. Anything to the contrary herein notwithstanding, for and in
consideration 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 drain-
age street improvements and street lights as to whether
the work prescribed herein shall be performed by the
City, its Contractor, or by the Developer's Contractor.
Each 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 deliv-
ered 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
IV-F 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 or a
cash deposit in lieu thereof in accordance with the
provisions of Paragraph IV-F of this agreement.
(3) In addition to the bond or deposit required in the pre-
ceeding paraqraph, 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 Sections I, II, and III 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 estimated payment shall
IV-5
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 the Developer covenants to indemnify, hold
harmless and defend the City, its officers, agents and
employees from and against all claims, suits, or causes
or action or any nature whatsoever brought for, or on
account of any injuries or damages to persons or
property, including death, resulting from any failure
to properly safeguard the work or on account of any
act, intentional or otherwise, neglect or misconduct of
the Developer, its Contractors, Subcontractors, agents
or employees.
(5) Developer covenants and agrees that it discriminates
against no individual involving employment as prohi-
bited by the terms of Ordinance No. 7278 (as amended by
Ordinance No. 7400), and ordinance prohibiting discri-
mination in employment practice because of race, creed,
colorreligion, 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, A-1, B, B-1, C 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.
IV-6
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 instrument in
quadruplicate, at Fort Worth, Texas this the q-*t:::3 day of
ATTEST: CITY OF FORT WORTH, TEXAS
G2c
r
eel By:
o e rt L. e r e rt
City Secretary City Ma er
APPROVED AS TO FORM AND DEVELOPER:
LEGALITY:
Santa Fe Land Improvement Company
By: _
Paul C. Isham C—a—rl Merritt
City Attorney General Manager
ATTEST:
By:
APPROVED BY CITY COUNCIL
City Secretary
Date
IV-7
_APPENDIX "A"
COST ESTIMATE SUMMARY
PROJECT SANTA FE SOUTHWEST INDUSTRIAL PARK
PERFORMANCE
CONTRACT SECTION DEVELOPER CITY TOTAL GUARANTY
Section I
Water $ 14,513 $_ 40,587 $ 55;100 $ -0-
Sewer 22,900 -0- 22,900 -0-
Section II
1. Storm`Drains -0-
Construction N/A_ N/A N/A
Design Eng.
Eng. & Admin.
2. Interior Streets -0-
Construction N/A N/A N/A
s
Design Eng.
Eng. & Admin.
3. Border Streets (Assessment Paving) 245,975
Construction 245,975 246,841** 4.92,816
Design Eng. -0- 14,811*** 14,811
Eng. & Admin. -0- 34,497. . 34,497
Section III
Street Lights 5,600 5,600 _ 11,200 5,600
TOTAL $ 288,988 $ 342,336 $ 6319324 $ 251,575
* Non-refundable deposit for assessments as outlined in Section II
(Performance Bonds and Letters of Credit are unacceptable)
** Includes $ 25,828 to be assessed against other property ownerse
*** Includes engineering to be included in the assessment ($ 1,550)
and City's share ($ 13,261) of design engineering to be reimbursed
to developer.
W °�>
r43 <iX w
V
i i e
o a
]L
s
Z
a j / a
39
TA
owl
W �
W
�►
awyy �
w w
t
. A t
e i
w,,,.,.-- •1 Jw
tiJ4
$$t
W �
Wowl!
qg
•
w:
IL
Z
W
0 It
sn ® 0 A ,� •
.� 9 f
cc
y.
e , ,
tt
o tl Sl
® ! ;
ro
11 _
I x
OLD � - —".... j»�
om
t
I
I � � aA _•
W
om
®]GH ip
to-
°z 3o
iI \ R a O
:) -44 �� W
be
'R
W
Z � �
1-- 0
Z 4
" ----- >
ROAD
OLD'
J
ku cr
<O�
of A<
a
a g
• W
chi/ Ul r d e
ut � 16 1!►
o ~ <t W $Q
awl- •
0>z S
Z�`o
WOO
a \ '��
IL •�
Z
b—
W t
cc ® �® — -- lt
3mdLLtL�i
O
W
w ~ ® Q ;
s _j
O O Z � ...
® w °
poo
OLD
f
IL
F�t
vl A<
y O1 U
WV O a� m
G p 0 9
- VJ
W NG~d UmQ O
W d=O: O aIVX O
J QFV WW 0
O.U)
V>= a
-
O
F- ds
=
30 W
3
faa.O W
14041
Y
Q � �
IL
4 �
Z
® Z W
-CO
O
�" aroa 3antnd
E v
t!f p
i ®
r � �
� N �
J � N
w
cc
IL
W
a
c z V?
J
Y
U.JJ
tLJ 9„R.J
a
a0�
v,wa
W
Q O d
J
w <
Li
?= t
1�
�$o 0
low
� o
3 �
a
•t
� o .
y
wf
o
p M
�sw
<
i
r
ice-)G_L4 P-Al paw
-
City of Fort 'Worth, Texas
Mayor - and Council Communlication
DATE REFERENCE SUBJECT: CONTRACT FOR THE INSTALLATION PAGE
NUMBER OF COMMUNITY FACILITIES, SANTA FE
10/13/81 **C-5952 SOUTHWEST INDUSTRIAL PARK - HULEN I of 2
STREET FROM CRANBURY ROAD TO
OAKMONT PARKWAY
Sante Fe Land Improvement Company, acting by and through Carl Merritt, its duly
authorized General Manager, the developer of Sante Fe Southwest Industrial
Park, has executed a proposed contract for the installation of community facil-
ities to serve the area shown on the attached maps.
The estimated cost of the community facilities is as follows and subject to ac-
tual bid price:
Developer City Total
Assessment Paving
Construction 245,975*** 246,841* 492)816
Design Engineering -0- 14,811** 14,811
Engineering and Administration -0- 34,497 34)497
Street Lights 5,600 5,600 11,200
Sanitary Sewers 22,900 -0- 22,900
Water 14,513 40,587 _55)100
TOTAL 288,988 342,336 631,324
Includes $25,828 to be assessed against other property owners.
Includes engineering to be included in the assessment ($1,500) and City's
share ($13,261) of design engineering to be reimbursed to developer.
Non-refundable deposit.
Assessment paving with curb, gutter and storm drainage, street lighting, water
facilities and sanitary sewers will be installed in accordance with standard
policies for the installation of community facilities.
The contract includes City participation in the cost of assessment paving,
street lights, and water facilities. In order to provide for the City's share
of the cost of these improvements, a bond fund transfer is proposed from the
appropriate unspecified account to the project account.
Assessment Paving
Hulen Street - From and connected with the northwesterly curb line of Old Gran-
bury Road northwesterly approximately 1,600' to the north right-of-way line of
Oakmont Parkway, consisting of thoroughfare grade reinforced concrete pavement
in a configuration of two 36' roadways on 1201 of right-of-way.
The developer agrees that Hulen Street is to be constructed as an interior
street under normal developer policy and has placed with the City a non-refund-
able deposit of $245,974.54 to cover his share of the construction contract.
The CitX'2 share was Rrovided on October 6, 1981 (M&C C-5933).
DATE REFERENCE SUBJECT: CONTRACT FOR THE INSTALLATION PAGE
NUMBER OF COMMUNITY FACILITIES, SANTA FE 20f 2
**C-5952 SOUTHWEST INDUSTRIAL PARK - HULEN
STREET FROM GRANBURY ROAD TO
OAKMONT PARKWAY
The adjacent property owner, 84 Lumber Company, has been notified by mail that
the Benefit Hearing is scheduled for November 3, 1981.
Plan Commission Approval
On September 28, 1981, the City Plan Commission approved the right-of-way vaca-
tion (V-81-67) to facilitate Hulen Street realignment. A final plat (FS-81-218)
that provides for the realignment of Hulen Street has been submitted to City
staff for review.
Recommendations
It is recommended that:
1) The following bond fund transfer be approved:
From To Amount Reason
28-032901-00 28-032030-00 $5,600 To provide for
Transportation/ Santa Fe Southwest City's share
Public Works Industrial Park of street
light instal-
lation.
051-015600-00 051-025049-00 $45,000* To provide for
Water Main Santa Fe Southwest City's share
Replacement Industrial Park of construc-
tion cost.
* Funds above the amount specified in the Community Facilities Agreement as the
City's share participation is necessary to cover the cost of survey and in-
spection required during construction of this project.
2) The City Manager be authorized to reimburse the developer, for the City's
share of cost for street, storm drainage and water improvements upon
satisfactory completion of the same; and ,
3) The City Manager be authorized to execute the Community Facilities agree-
ment with the developer, Santa Fe Land Improvement Company.
VS: jd
Attachments
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: ❑ APPROVED
ORIGINATING ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: CITY SECRETARY
Bilardi FOR ADDITIONAL INFORMATION
CONTACT: DATE