HomeMy WebLinkAboutContract 6564 COMMUNITY FACT 11 LITIES AGREEMENT A SITRETA
STATE OF TEXAS CONTRACT No.-Ails
CUINTY OF TARRANT
WHEREAS, M.P.A. Company, a partnership composed of R. J.
Muscardini, Denny Pettijohn, Henry Fettijohn and Leroy Nachilsky, each of Tarrant
County, Texas, as general partners , hereinafter called "Developer", desires to
make certain improvements to a portion of Lot 1, Block 1 , Leisure Living Hobile
Homes Site Addition to the City of Fort Worth, Texas, and,
WHEREAS, the said Developer has requesLed 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 YEN BY THESE PRESENTS:
That said Developer, M.P.M. Company, acting herein by
and through, R. J. nuscardinL, its duly authorized General Partner, and the City
of Fort Worth, acting herein by and through H. D. McMahan, 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:
WATER AND/OR SANITARY SEWER FACILITIES
A. The City agrees to install by contract or otherwise, in accordance with its
accepted practices, ordinances, regulations, and the provisions of the City
Charter, or to allow the Developer to award a contract, subject to the re-
quirements of the City's Policies and Regulations for Installation of Com-
munity Facilities, for:
WATER FACILITIES to serve the lots as shown on the attached Exhibit
and SANITARY SEWER FACILITIES to serve the lots as shown on the attached
Exhibit 0-1 7 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
shown on the attached Exhibit a . The estimated cost of these service
lines is $ 200 -. 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 sized to serve the development
herein concerned, exclusive of service lines and engineering is estimated
to be Vier, Jh2gland Dollars
g I, e
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 0-1 . The estimated cost of
these service lines is $not InClude,10 . The City agrees to record the loca-
tion of each said service line in respect to the corner of the lot served,
and to retain said records in its possession.
E. The cost of the sanitary sewer facilities to be installed hereunder, exclusive
of service lines and engineering, is estimated to be
Four Thmusand Dollars T$E__
F. 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:
(1) Eighty (80) per cent of the cost of the water facilities Off- itO
sized to serve the development herein concerned, and
eighty (80) per cent of the cost of the sanitary sewer
facilities to be constructed hereunder, both costs being
exclusive of engineering and cost of service lines, as
reflected in an estimate prepared by the Engineering
Division of the Water Department or in the proposal of
the low bidder, plus one, hundred (11-1,A) p cant of vall or.-Site
water facilities.
(2) An additional ten (10) per cent 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.
RMIDOL KILL LJ-L 1, BLACK I
MOBILE HOME PAA K LEISURE LIVIMZ MOBILE i ES
SITE AT 60200
(3) One Hundred (100) per cent of the cost of all service
lines, estimated under 1-8 and 1-D 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 I-F 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) Mains $5,0800* $70r, 0
(b) Services 200 2°0
Sub-Totals, Water ,2 y .00
(2) Sanitary Sewer Facilities:
(a) Mains Soo $4,000
Not
(b) Services Uw;luded -0- -10- -0-
Sub-Totals, Sewer =2 1,200 4
- 111,11111, a 2U
Grand Totals
Note: Should the developer elect to let his own contract for any or all of the
facilities described above, the developer specifically agrees to pay the
contractor installing such facilities the full amount shown as due on the
Final Estimate approved for payment by the Director of the Water Depart-
ment within thirty (30) days from the date of such approval .
Develuper pays 580M% of eit1m4t ff-site, wrater facilities co'st of $6P006
and 100% of o6timeted on-site water facilities cost, exclusive of service,
of $1,000.
Does not Include cost of 2 Ea. 2" aagters in battery installation.
Plans and, specifications to be furnisized by developer 's en!61 ineers,.
Carter & burCiess, Inc.
LOT 1, BViC& 1
L TS LIVINGG z4 IL iU2 8
SITE ADDITION
RAXW KILL
HOWLE MGM, F 1-2
60200
H. Within a reasonable time after completion of the above referenced facilities to
be constructed by the City or by contract awarded by the CJty, and their accept-
ance by the City Council, the C'ity and Developer agree to an adjustment of the
Developer' s payment as set out in I-F and 2-G hereinabowex so as to conform
said payment to autual construction costs and actual service costs under the
provisions of the current Fort Worth C|ty Code/ /Sald adjustment to be calculated
as the payment in l-F and/or 2-G above) , but based on actual quant !t /ee as re-
flected in the final estimate paid to the contractor by the City, and/or in the
event any purt �on of the fac� 7 �t �as are nstal |ed by City forces, on the actual
recorls of cost, kept by the City as a part of its customary procedures. In the
event the difference ;n the depos�t and the actual costs exceeds $25.00, Developer
agrees to pay to the City any underpayment which said adjustment might indicate
as being due, and CJty agrees to refund to Developer ary overpayment, said refund
to be made only after ail fac/ ! KL �es required under all sections of this agree-
ment have been completed to the set }sfactyon of the City.
it is further agreed and understood that any additYona'� 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 sccpe of the project.
RECOMMENDED:
W. R. Hardy, Director, Water"bepartment
� __?
Date:
LOT 1, BLOCK I
LEISURE LIVING MOBILE HIOM8S
SITE ADDITION
P440,t KILL
HOW FORK /-J
60200
STORM DRAINAGE AND STREET IMPRQVE S
A. STORM DRAINAGE IMPROVENENT'S'
1. The City agrees to install or cause to have installed, or the Developer agrees
to cause to be installed, the storm drainage facilities shown on the attached
Exhibit "A", in accordance with plans and specifications to be prepared by the
City or prepared by the Developer's engineer as approved by the Public Works
Director.
2. The estimated cost of the storm drain facilities is based on the following
minimum design. It is understood that actual sizes and costs may vary after
detail engineering is accomplished and bids are takent
2000 L.F. of ChArmwl Upro-mcents in acccr&aance with,
bemutifivation 'policy 0
Cost of preparation of plans and specifications for the
improvements if so performed by the City (10% of contract
cost)
TOTAL COST OF STURM DRAIN FACILITIES
3. The Developer 5s non-refundable payment is determined by "a" or "b" below-,
a� in the event the Developer awards his own contract and does not desire City
participation, the Developer pays the entire cost of the storm drainage
facilities, The conditions set out in Section IV, Paragraph F shall apply.
be in the event the Developer desires City participation and follows the proce-
dures as set forth in Section 111, Policy for Storm Drain Installation, of
the "Policies and Regulations for the Installation of Co=munity Facilities"
of the City of Fort Worth, the non-refundable cost to the Developer is as
follows:
Total Construction Cost 00
City participation
Non-refundable construction cost ri uV
Non-refundable engineering cost if City pre-
pares plans and specifications (10% of non-
refunda'ble construction cost/
Estimated Non-refundable cost
NOW HME PARK LOT 1 {>. 1
LEMUR- LUM ?,4081LL HMIIES
SITE tMITION
(Continued) STORM DRAINAGE IMPROVEMENTS:
4. Upon completion of the storm drainage facilities, it is agreed and under-
stood that the Developer's payment shall be adjusted to equal the above per-
centage of the final cost, except that the City shall not be obligated to
make any refunds until- all facilities 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 under payment and the City agrees to refund any overpayment to the
Developer.
5. The Developer agrees to provide an adequate drainage easement throughout
the length of the "beautification project" as shown on Exhibit A, and the
Developer shall also execute a maintenance agreement in accordance with
standard policy.
6. It is understood and agreed that the City Council will review this con-
tract for the purpose of vacating the drainage easement and voiding the
maintenance agreement, at such date in the future when, in the judgment Of
the Public Works Director, as a result of anticipated paving and drainage
improvements to Randol Mill Road, the drainage facility serves only to drain
this Developer's property.
LOT 1, BLOCK I
LEISURE LIVING MOBILE HOMES
SITE ADDITION
RAINDOL MILL MOBILE DOME PARK
ii-2
Ill.
S�7"REIET LIGHTS
I. City .igrees to instaLl �,;r to c�,,�uze, to installed, ar tl,ie developtr agrees to cause
installed, ztreet tp t the approximate loc shown on the attached
plat inarked FAhibit strtet 1`1,gh e Iristalled In accordance with plans
and speelfications L-:, b," ,i L,j M,.,,t. Traffic Departrient.
2. The deve1oper's, cost of sLIL.4 11ghts is tstimatrd e
3. In the -�vi,nt the Vty lz Lo en, tc-, Lt thc mdtretA lights, shown,
on attached pll-vt, 11C tl."'IL dLvelc�per hertby agrees to pay to the
City an amount equal to thg/ tzt1mat)-1 vast, az itatt-,"i. in ParL,,tgraph 2 above within I'll,
calendar days aft(.-r L,-LiL, ,.I il 'tly 1,,.%,, Iirector of Lhe 1,11rafric
Engln(.crinj; ,,�f the Instollation
of str t lightc, is «it,y and dcv^ �0j)("r h(t"Lby agri:.- c t,Ujust the (,ve,1qper1s po'Y'rien't
,so that it 14, equal to provided the difference Is ln ,ex-
cess of $25.,00; harvm,v�!,7) tb,,, �,J ty sll,m-L n�,)t �aakt � r d until all facilities
required undar all z�grecraei'A havc, bi.'-en c�xj�leted to the satiafactjon
of thV, City.
The City, agrees t o furni,,zli, -,11 ane, i:1r.,w;3truboon Inspection oftbe,
street light instal.door.
The developer agrees tca fTarniuf. -,vld,/Or ,Jedlc,Ae al,"., ncecsi:ary easements,, on property
owned, by the developer, r sa , .he installation of' said strect lights.
In the event the, develc)pfr his own contractor to in:;tall the Street lights,,
the conditions set aut in 3eiA1,,,jn IV, Pt-sragrr�ph H " ere of shmll apply. In this event,
the developer agrees to complo.,tt',,, thF.- installntion of 'the street lights ,within 90
calendar days after havine, be ca instructt(I to do so in writing by the Director of
the Traffic Engineering D:partnx,,,nt.
7- It Is understood, 'that tW,4 is expectcd to install the street lights acclarding
to his schedule for diewelojxnent,, but that the developer agrees to install such street
lights) or pay the City for sut:Ji street lights, as the, Director of the 'Traffic Engi-
nearing Department deems nece ssar y for the proper and orderly development of the area.
AU tts*Axe 4ftve,,% U ove 4* a Uxular, atree,,% sad ift, (,Ilty v,111,,py om-b or
oq aw, th'As Swislo", I's lxw% I'mautud in parsipmpb 2,
LEISURE 11.171141111,31 "IMIL(MILL, EXIMES RE'CMWXDED.*
SITE ADDI'T"1014,
Y", R.Bue l art en
17raffle Engineering Director
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 per cent of the final construction
cost of such project.
C. In the event the developer employs his own engineer to prepare plans and specifi-
cations for any or all facilities, the plans and specifications so prepared shall
be subject to approval by the department having jurisdiction. One (1) reprodu-
cible 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, Traffic Engineering 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 relin-
quishes any right, title, or interest in and to said facilities or any part
thereof.
E. The life of this contract shall be five (5) years and it is understood 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 completed 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.
iv
F. Performance bonds, or a cash deposit in lieu of and in like amount of the perfor-
mance bonds, are required for streets, storm drainage and street lights, and must
be submitted prior to the execution of the contract for installation of community
facilities by the City. The bonds shall be standard performance bonds as provided
by a licensed surety company on forms provided by that surety company. A cash
deposit in lieu of the performance bonds may be made in the Treasury of the City
of Fort Worth or in 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 here-
under in the Treasury of the City of Fort Worth. 'When the option is exercised to
make the cash deposit in a financial institution, the following terms and
conditions shall apply:
(1) The developer shall execute four 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.
(2) 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 deve-
loper, including accrued interest or dividends thereon, upon express order
of the City Manager.
(3) Deposits may be made in any Fort Worth financial institution whose accounts
are insured by the Federal Deposit Insurance Corporation or the Federal
Savings & Loan Insurance Corporation,
Bonds or Cash Deposits will be furnished for:
(a) 100 per cent of the estimated developers share of the cost of the
storm drains.
(b) 20 per cent of the estimated developer cost of streets for amounts
between $0 and $25,000 or
$5,000 plus 15 per cent of the estimated developer costs for
amounts between $25,001 and $50,000 or
$8,750 plus 10 per cent of the estimated developer costs for
amounts between 850,001 and S100,000 or
$13,750 plus 5 per cent of the estimated developer costs for
amounts over $100,000.
(c) 100 per cent of the developer's share of the cost of the street
lights as specified in Section 3 of the contract.
(d) A cash payment of the developer's share of the project cost is required
prior to initiation of construction for any facilities for which the
City shall award the contract.
i V - 21
G. This contract, a.es part hereof, or any interest herein shall not be assigned by
developer without written consent of the City 'Aanager, and it is further agreed
that such Britten 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 cif the total of all such refunds due or to be=come due hereunder.
H. On all facilities included in this agreement for which the developer awards his
own construction contract, tke developer agrees to follow the following procedures:
(1) If the City participates in the cost of the facilities , the construction con-
tract must be awarded after advertising in a local newspaper at least one
time n=ot less than two weeks prior 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.
( ) To ergploy 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 bad on
Public proiects of a similar nature.
To require the contractor to furnish to the City payment, performance and
maintenance bonds in the name of tie City for ' } per cent of the contract
price of the facility, said bands to be furnished before work is commenced.
To further require the contractor to provide public !liability insurance.
( ) To give 48 hours notice to the department having jurisdiction of intent to
coramence constructions of the facility so 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 se=wer, storm dram:, or water pipe unless a
respersi=le City, inspector is present and gives his consent to proceed, ana
to make such laboratoky tests of materials being used as may be required
by the City,
d} -o 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. °n accordance with requirements of this agreement, and is not to
constitute approval of the quantities on which payment is based.
dd To delay connections of buildings to service lines of sew._ r land water mains
constructed under t 4S contract untie, said sewer _ nd water mains and ser° .ce
Ines have been completed to the satisfaction of the dater. Department,
3
7;h
It 4s expressly understood by n between t d v l r
e �ee_ �.ae a���.oper and the itv o `,�r~t
ortl, that in the event the developer elects to award one single construc-
tion contract for all faci.lit4es , water and F -.-iitary sewers, storm drainage
and pavement , shall be separated in the bird ag and Cite participation, if
":° s sfiall be limited €o the 'was t combination Gn bids as each
of the ab ,ere .wed as separate contracts.
!V -- 3
I. anything to the contrary herein notwithstanding, for and in consideration of
the premises and the covenants herein made by the City, the Developer covenants
and agrees as follows:
(1) The Developer shall make separate elections wit' regard to water and/or
sanitary sewer facilities, storm drainage and street improvements and
street lights as to whether the work prescribed herein shall be per-
formed by the City, its Contractor, or by the Developer's Contractor.
Fach such 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 It' F hereof.
(2) Irrespective of any such election and whether the work is to be per-
formed by the City, its Contractor or by the Peveloper's Contractor,
the Developer covenants and agrees to deliver to the City a perform-
ance bond or a cash deposit in lieu thereof in accordance with the pro-
visions of Paragraph IV T of this agree-ent.
(3) In addition to the bond or deposit required in the preceding paragraph,
in the event Developer elects that the -ork 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 es-
timated construction costs. The amount of such estimated payment shall
be computed as set out in Sections I, IT and III hereof, based upon the
lowest responsible bids for such work as determined by City, or upon a
cost estimate for work 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 project. Such 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 the 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 offi-
cers, 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 conne-Led with, this agreement, or
the construction of the improvements or facilities described herein# and
in addition the Developer covenants to indennifv, hold harmless and de-
fend the City, its officers, agents and employees from and against all
claims, suits, or causes of action of any nature ,hatsoever brought for,
or on account- of any injuries or damages to persons or property, includ-
ing death, resultine from any failure to property safeguard the work or
on account of any act, intentional or otherwise, neglect or misconduct
of the Developer, its Contractors, Subcontractors, agents or employees.
1. The attached Fxhibits A,B.E-'-1 and C are made a
part hereof for all intents and purposes,
IV - 4
IN TESTIMONY VPEPEOF, 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 Worf h, Texas this the 0 10,
kAay of
ATTESTt CITY OF FORT WORTH, TEXAS
n
Roy
Bateman, City Secretary H. D. McMahan, City Manager
APPROVED AS TO FORM AND LEGALITY! PEVELOPFP:
S. G. Johndroe, Jr. City Attorney
IV 5
APPENDLK
S t`!DI A R Y
Cost Estimates for Lot 1, Block 1, Leisure Living Mobile Homes
Site Addition
Performance Bonds
Developer 's City's Total Letter of Credit
Construction Construction Qnstruction C.D. 's or
Section Cost Cost Cost: --Escrow
Section I
Water $ 6,000 $1,200 $ 7,200 $ -0-
Sewer 3,200 Soo 4,000 -0-
Section IT
Storm Drains 5,000 -0- 5,000 5,000
Street Paving
Interior Streets -0- -0- -0- -0-
Border Streets (construction cost to be determined at such time as -0-*
streets are improved)
Section III
Street Lights 375 375 750 375
TOTALS $14,575 $2,375 $16,950 $5,775
NOTE: If the City performs the work with City forces or awards the construction
contracts a cash deposit for developer's portion of the cost is required
prior to contract award, This cash deposit is in addition to other required
deposits or bonds as outlined in Paragraph !V F of this agreement.
*Non refundable deposit for assessments as outlined in Section !I (Performance
Ponds are unacceptable)
{
NATURAL
DRAINAGE
PATH
EXISTING CULVERT
c
BOWERY RD
'
15' DRAINAGE s
ii EASEMENT 1
(�
DRAINAGE Zd
EASEMENT
t t 26' EMERGENCY ACCE 5 /EASEMENT `i i•
I �
EXISTING
j 2b gRA1NAGE
CULVERT ( t
�� E+�5(iMENT � I
EXISTING� ! !
fCULVERT iii I
E
STREETS TO BE PAVED IN FUTURE
ON ASSESSMENT BASIS
I
l tom`
Y 1
BEAUTIFICATION PROJECT
BY DEVELOPER
1
t
C3 200
SCALE IN FEET
Un 1, BLOC-1
L MILL MOBiLE HOME PARK STREETS
SITE D ITION FT WORTH, TEXAS AND
E BURGELSS, INC, DRAINAGE
DATE 1 -30-70 EXHIBIT Nth. �
i