Loading...
HomeMy WebLinkAboutContract 7302 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 installations of C n mun ity Facilities, fort WATER FACILITIES to serve the lots as shown on the attached Exhibit B , and SANITARY SEWER PACsLITI ES to serve the lots as shown on the attached Exhibit None It all in accordance with plans and specifications t 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 ll other water mains i n this addition are installed, service line for each lot as shown on the attached Exhibit R,!` The estimated cost of these service lines is d of inc,'uid € City agrees to record the location of each said service line in respect to the scorner of the lot served, and to retain s id 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 t housnd Dollars 5.000 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 i3 The ti t d cost of these service lines is $Not include_' 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 sti t d to be in Doli a r F. Prior to the award of the co=nstruction contract by the City, or the c ncing 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: l Eighty 0 per cent of the cost of the water facilities sized to serve the development herein concerned, and eighty (8011 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. An additional ten 0 0) 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 i l l be i v d if pri v t engineers employed by the Developer and approved by the Water Department p rf orr the design engineering. Mc ARTHY ADDITION 1 60200 One Huqored (IM! m7 pct o: 1 j jRonr -,cc 1: j prn7 nq 1 i & - trKnion A Ust Wr n­iArU7Lj s. n Mr, I ar, cc Fa- hltie- E E it knot A FA Tit I (a) w S1 , 100 S4,000 S 0 oor'� N t (h) c `r I _. . t included) Suh-Tof 7is, W far 511100 SAVO $5, 500 (2) Sanitary Sewn; incilik to (1) mn im, Ex i st i ng, Nnt Sub-Totals, S' War 7777_777=7- Grand Tocalo S1 , 100 $0,000 S5,500 ........ Z' Tho above charge5 dD "A WONC, any 'Ycr 00-rant (on" cArac­, for cmnuw ;w, upoer tiv provink 9 . & t1w "MWH AWIN OPTION" �- 1 khed KV Suh—n! qraph (3) , Pdyu 107 of t Mk ,a: ar� UnAlwnqm� ! , i :WULIATION Or 7 0 At 1 i T Y F A C I L 1 T 1 F n a a . nnr�p jrw "� fc . ! �us : W Opp C�D! o Should the Developer elect to let_ his own contract for water and/or sanitary sewer facility construction, PART C - GENERAL CONDITIONS of the Fort Worth Water Department General Contract Documents and General Specifications shall be a part of the contract between the Developer and the Contractor. Paragraph C-7.9 FAILURE TO COMPLETE ON TIME of said PART C requires payment by the Contractor of liquidated damages for each calendar day that any work retrains uncompleted after the time specified in the contract documents for completion of the contract. This paragraph further provides that any liquidated damages so deter- mined to be due will be deducted from monies due the Contractor, and that liquidated damages so collected from the Contractor are payable to the Owner, the City of Fort Worth. Therefore, in accordance with these requirements, any liquidated damages determined to be due by the Director of the Water Departmerit shall be deducted from monies due the Contractor for work completed on the project and either paid to the City of Fart Worth by the Developer coincidental with final payment to the Contractor for the completed project, or credited against the City's share of the completed project cast , as appropriate. When water facilities are installed by contract, whether developer-awarded or otherwise, installation of water services will be included as part of the contract. Installation of meter boxes on those services will be done by: 1 . The contractor installing the water services, after completion of construction of all relative curb and nutter work on the eater facilities project site, and at no cost to the City; or 2. The City, after completion of construction of all relative curb and gutter work on the water facilities project site, at a oast of S20 per contract-installed service, sUch meter box installa- tion charge to be due and payable prior to issuance of a Work Order on the water facilities installation contract, where alternative 2 is to be exercised. 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, and their accept- ance by the City Council , the City and Developer agree to an adj as being due, and City agrees to refund to Developer any overpayment, said refund to be made only after all facilities required under all sections of this agree- ment have been completed to the satisfaction of the City. 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: r�r,�, a t e 7rD Department �ar tm�en t J. L. 'Rob�insbbn', "i recto Date: McCARTHY ADDITION 1-4 STORM DRAINAGE AND STREEF !MPROVEMENTS A. STORM DRAINAGE !MPROVEMENTS: 1) No Storm Drainage facilities are required under this contract. 2) The developer agrees to execute a maintenance agreement for the existing drainage ditch as shown on Exhibit "A". Lot 1-R and Lots A thru H Block 1 McCarthy Addition H-1 Bo STREET !MPROVEMENTS: 1, Developer agrees that no construction will begin on the sub r de treatment, pavement, sidewalk, or C`t;a'b and gutter within the limits of any street included herein, an as shown on xhib .t te0 prier to t. e installation of all underground utilities, including serums lines. ifs e oper further agrees that no work will begin on any street included herein prior to the paving contractor's execution and delivery of a one 1, year Maintenance Band to the City y of Fort Worth, as per form furnished by the City, for the repairing nd! r reconstruction in whole or in part of said streets. The surety will be a surety company duly authorized to rice business in the State of Texas and acceptable to the City Council. a The streets to be improved hereunder are shown on Exhibit ,felt attached hereto, Developer hereby agrees and binds itself try: h Excavate at its own expense Al streets, including parkways and roadways, to line and grade to be set by the City Engineer. K Construct at its ors expense, cub returns t aIL street inter- sections within or adjacent to the area covered by this contract . C Be responsible for construction of standard concrete driveways to the back of walk lire for all lots included in this platting, & Be responsible i E grading the parkway between the curb dines area the property lines to the proper elevations, Construct at its own expense sidewalks, as shown on Exhibit _" � to the :one set by the City Engineer. e. Construct at AS own expense the following: i Curb, getter and approved paving or Spanish Oak Court from the south curb line of KHOO Drive South to the south_ ens of coact, a 30' roadway of residential grade pavement (Length 300 foot) . it-2 Lot L--R and Lots It thru 11 Block i r �i McCarthy Addition developer or its authorized contractors in connection with the setting of line and grade stakes for excavation, curb and gutter construction, and to furnish inspection on the project. in this connection, City agrees to prosecute such work in such a manner as not to delay unreasonably the developer's operation. BE C 01111E'INDE D., qtk�,X I% GRAM, P.E., PUBLIC WORKS DIRECTOR V Based on policy effective as of October 12, 1972. 11-4 Lot 1-R and Lots A thru H Block 1, McCarthy Addition STREET I City agrees to install or to cause to installed, or the developer agrees to cause to be installed,, street lights at the approximate locations shown can the attached Plat marked Exhibit "C", said street lights to e installed in accordance with plans and specifications t agreed to the Traffic Engineering Department. M developer's cost f said str Ol lights is vstima,t�d to °i the event the City is to install or causE to be insta1led the street lights shown on the tt , d plat marked Exhibit "C", the developer hereby agrees 'to pay to the City am. amount eq7aal to the estimated cost as stated in Paragraph 2 above within ''I calendar days after being notified to do so in writing by the Director of the affilc Dagineering 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 $21-11.00; however, the City shill not make any such refund until all facilities required under all sections f this agreement have been dated to the t sf eti p of the City. 4. The City agrees to furnish all field engineering and construction inspection of the street light installation. 5� •'1111he developer agrees to furnish and/or dedicate all necessary easements, on. property coned by the developer, reTaired for the installation f said xtreet lights. . 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 evert, the developer agrees to plet the installation of the street lights within calendar after having been instructed to do so in writing the ?ir t r of the Ttaffic Fmgineering Department. It is o d rst€ that the d v l r i t d t in t ll the street lights � rdi�� to his h d-ale 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 Engi- neering Department deems necessary for the proper and orderly development ;f tie area. RECOM „to A . pi art,. Add Lion F a t r' Tvxas T. R. Buckman Gi-N-r-RAL REQUIRETENTS 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) reprodLi- 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. I V G This conLract , any r, hL-rt­.,f , -)r any interest iIe-ein ;;;ail not be assigned by developer without ,,;ritLen consent of the City bIanager, and it I's further agreed tin at such written consenL to it t,7u be granted for the assignment , transfer, pledge and/or conveyance uf anv relunds due or to berome due to developer except that such assignment , Lran_sf� r, pledge and for conveyance shall be for the full anounL of the total of all such refunds due or to becomme due hereunderg 11. On all facilities included in this agreement for which the developer awards his own construction contract , thic, developer agrees to follow the following procedure:: (1) If the City Partlicipates in the cost of the facilities , the construction con- tract must be awarded after advertising in a local newspaper at least one time not less than two weeks prior to the date of receipt of sealed blls as required by State statutes prescribing regulations for contracts for public work. The sealed bids must be opened in the presence of a representative if 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 r-, Cv pay-ment, performance and maintenance bonds in the name of the Clity for 100 per cent 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 coMunence construction 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 sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent 'Co proceed, ana 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 on which payment is based, (6) To delay connections of buildings to service lines of sew, rtared water mains constructed under this contract until said sewer nd water mains and ser-I.ce 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 construc- tion contract for all facilities , water and -- ,-ALary sewers, storm drainage and pavement, shall be separated in the bitdiag and City participation, if any, shall be limired to the I J.,west possible combination of bids as if eaen of the abol,,­. were awarded as separate contracts, IV - 3 Z Anything to the contrary herein notwithstanding, for and in consideration of the premises and the covenants herein made bti the City, the Developer covenants and agrees as follows: 1 The Developer shall make separate elections with regard to ulster and/or sanitary sewer facilities, storm, drainage and street improvements and street lights as to whether the vork prescribed herein shall be per- formed by the City, its Contractor, or by the Developer's Contractor `ach such separate election shall be made in writing and delivered to City no 'eater tlhan six 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 IV F hereof. (2) Irresnecti. e of angy such election and whether the work is to be per- foraled bv the City, its Contractor or by the Developer's Contractor, the Developer covenants and agrees to deliver to the City a perform- ance bend or a cash deposit in lieu thereof in accordance with the pro- visions of Paragraph TV F of this agreement. (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 .casts. The amount of such estimated payment shall be computed as set out in Sections 1, II and III hereof, based upon the lowest responsible bids for such work as determined by City, or upon a cost eatiate 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 e ployees from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any i iu i s or damages to persons or property, includinp death, resulting from, or in any way connected with, this sgreertnt, or the construction of the improvements or facilities described herein and in addition the Developtr covenants to indemnify. hold harmless and de- fend the City, its officers, agents and employees from and a aist all clai-Ms, Suits, or causes of action of any nature hattsoever brought for, or on account of any iniuries or damages to persons or property, includ- ing death, resultirg frog: 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 employ . J. The attached hibit* � an; ar de �n P p rt hereof for all Intents d purposes. I - t 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 day of -z - 1 ATTEST: CITY OF FOIST WORTH, TEXAS By:_ Ro A. ateian, City Secretary R. N. Line, City Manager APPROVED AS TO FORM AND LEGALITY: DEVELOPER: h " > z S. G. Johndroe, Jr. , City Attorney - _r . IV APPENDIX "A'' SUKLAR:Yl Cost Estimates for McCarthy Addition, Lots 1-R and Lot A-H B1 c C Ck I Performance Bonds Developer's City's Total Letter of Credit Construction Construction Construction C.D. 's or Section Cost Cost Cost --- Escrow Section I Water $ 4,400 $ 1,100 $ 5,500 -0- Sewer (existing) -0- Section H Storm Drains (Maintenance agreement on existing drainage ditch will be provided) interior Streets $ 8,015 -0- $ 8,015 $ 1600 Border Streets Section H! Street Lights 500 -0- 500 Cz 500 TOTALS $12,915 $ 1,100 $14,015 $ 2,100 Non refundable deposit for assessments as outlined in Section IF (Performance Bonds and Letters of Credit are unacceptable) w � x u ` .. ' •,end �...t} � -- -. _ � t�_ � .q + i.�.� LJ Al Lit . .. . . _. -_ ,"J,4 w f. r a i ...r».w._... ,.-..�.,.�..._«.�... ...�-, �..".�.._..._ .r=. N . .e _ ..... .w�„'a 1`n°s z ..,....._...,,_.......,.»._...,.a«.«.,.....«._,,...,...,....,..�.. I E t Ur It 1 1 - - - �,'S��ro'ad�t�{���unu�r ir�dia��urcn�rcmur�mrmnm�mir�,�.. w!nor; w�aw�wwuw�ixu�iuuwav�a�!w�u�ruwW�uuu�riuwuur� omrvuwwa;�uu�wowmww�nuaau mam�msi¢u�ia, r�m�raw���wi�a�,ui�nwmv��rv�rvHmmam�mrv�n�iv. miuummrvawouvwrammuuHmmrmmrm�ou�� ITS " � . �G FORT W - X , , a 014' 4'1 11Jr 0, 141w J e �3 I r' COLONIAL ° COUNTRY PK�aY s CL U PAR HIL , `. - l T.C U BERR AJ I J ,t � .. �¢ d s+J t(il Ak J4 10� f 7r � 1G6p"ai"F � D f —to SEWNARY DR f k - w ' !J ( z r�r q= 8f Wf , r�.r u -- v;... '. k`4t ;-"Jf, . LOCATION MAP OT 1 S A H BLOCK McCARTHY. ADDITION P s i • • s ...._.. �._ .�.9. ..«..t.. �...... �°, �� • off • M r R, .p t�" ,r '+S •• •• - s x se I ' •• A 'rfY x °*1 .N y �.3 � s " r COLONIAL Y tdwY COU T' „ CLUB Hl p Ft AT X ICU; .y I J i �E RRY tj AJ 1 6 Ix { IT 41 - ;a Av v 11 L, D= d r - SEWNARY C �. 1 .. MA - t -'-pd f "s ,. H1 TT ;ER ! x �P YG� M5 DINA LOCATION MAP LOT 1-R AND LOTS A THRU H OK McCARTHYADDITION