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HomeMy WebLinkAboutContract 8110 CITY SECRETARY COMMUNITY FACILITIES AGREEMENT CONTRACT No- STATE OF TEXAS COUNTY OF TARRANT WHEREAS, Texaco, Inc. of Tarrant County, Texas hereinafter called "Developer", desires to make certain improvements to a portion of Lot 1, Block 1, Texaco Industrial Park 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, Texaco, Inc. , acting herein by and through M. E. Merrill, its duly authorized Assistant Regional Manager of Operations, and the City. of Fort Worth, acting herein by and through R. N. Line, 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: orrIC,14 RECORD 1111 111111AIY FT. WORTH, TEX. WATER AND/OR SANITARY SEWER FACILITIES No water or �,.)niLary sewer .facility extensions are needed to serve this l�ro��osc d dove 1 opmo.n t, <ind a 1 1 required services w i 1 1 be provided through established routines as specified in applicable ordinances and regulations. RECOMMENDED: . Robinson, irector, Water Dept . j7VZ7L Date I II. STORM DRAINAGE AND STREET IMPROVEMENTS A. STORM DRAINAGE DIPROVEMENTS: No storm drainage improvements are proposed under this contract. It is understood, however, that storm drainage improvements nay be required when the proper engineering design is established. If required, the storm drainage cost under assessment policy is City cost. Estimated Developer Cost $ -0- T;-TACO INDUSTRIAL PARK LOT 1., BLOCK 1 IT-1 B. STREET IMPROVEMENTS: 1. The Developer hereby agrees that the following street, as shown on Exhibit "A", will be improved on the assessment basis: Premier Street from its intersection with North Sylvania Avenue eastward for approximately 850 feet, a 40 foot wide roadway of industrial grade (concrete) pavement, ending 20 feet east of a 35 foot commercial drive with the drive's gate recessed 20 feet from the curb line. In the case of any of the property adjacent to the above street being sold by the Developer, he shall notify the purchaser or purchasers prior to such sale by means of a letter that an assess- ment will be brought against the property at some future date. 2. The Developer hereby agrees to pay his portion of the cost of paving the remainder of Premier Street, from the end of the pavement proposed under this contract, eastward to its intersection with the future extension of Riverside. Drive in accordance with the standard assessment paving policy then in effect) at such time as the City determines the extension of Riverside Drive is necessary. The Developer further agrees to pay his portion of the assessments for paving Riverside Drive (in accordance with the standard assessment paving policy then in effect) . 3. The estimate of costs for the assessment paving of the west 850 feet of Premier Street is as follows: Estimated Total Construction Cost (West 850 feet of Premier Street only) $ 60,750.00 Estimated City Participation $ 13,075.00 Estimated Property Owner Assessment (Non-Developer) $ 15,475.00 Estimated Developer's Assessment $ 32,200.00 It is understood that the actual design and costs may vary as. the proper engineering design is established and the actual bids are taken. 44. The Developer agrees to submit plans and specifications prepared by an approved consulting engineer for the improvements required under this agreement. 5. The Developer hereby agrees to provide the City all necessary right- of-way, construction easements and/or slope easement's required to construct and maintain the street improvements described herein, as determined by the Public Works Director. TEXACO INDUSTRIAL PARK LOT 1, BLOCK 1 II-2 6. The Engineer shall provide the City one set of reproducible approved plans, platted x-sections, and specifications; and thirty-five (35) copies of the plans and twenty-six (26) sets of the specifications and contract documents. 7. The City agrees to reimburse the Developer for engineering services i based on eight percent (8%) of the construction contract award price. The reimbursement will be made at such time as the construction contract is awarded for the required improvements. If bids are not received within six (6) months of the plan approval by the Public Works Director, then the reimbursement will be based upon the estimated cost as approved by the Public Works Director. 8. 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 constructed project indemnify and hold the City and all of 'its officers, agents, servants i 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 de- fend 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 incurred by or rendered against them or any of them in i connection therewith. I i TEXACO INDUSTRIAL PARK LOT 1, BLOCK 1 II-3 9. The City's estimated cost for "Street Improvements" is $22,825.00, being composed of the following items and amounts : a. City Participation in Construction Costs (as shown in Item 3 above) $ 13,075.00 b. City Design Engineering Cost (8% of the Total Construction Cost) $ 4,875.00 C. City Construction Engineering and Administration' Costs (8% of the Total Construction Cost) $ 4,875.00 Recommended: ( i Jack M. Graham, P.E. Public Works Director i Based on Policy Effective October, 1974 I i TEXACO INDUSTRIAL PARK LOT 1, BLOCK 1 II-4 i 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 developer*s cost of said street lights is estimated to be $ 450.00 1, 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 one-half of the border street light in the amoumt of $150-00. This sum is not included in the total above. REMMENDED: Lot 1, Block I Texaco Industrial Park Addn. Fort Worth, Texas Gary L/Santerre Traff! Engineering Director GENERAL REQUIREMENTS A. - It is agreed and understood, by the parties .he'reto 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 specifl- 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.Mrector, 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 refur_ds 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 - 1 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 Woith 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 street's for amounts between $0 and $25,000 or $5,000 plus 15 per cent of the estimated developer costa for amounts between $25,001 and $50,000 or $8,750 plus 10 per cent of the estimated developer costa for amounts between $50,001 and $100,000 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 proje"C't cost is required prior to initiation of construction for any facilities for which the City shall award the contract. IV - 2 ' ' G. This coutracc , any part h,c,of, or any interest herein shall not be assigned by developer without written consent of the City Kuuagec, and it is further agreed that such written consent will not be granted for the assignment , transfer, pledge arid/or conveyance of any refunds due or to become due to developer except that such assignment , crzoafcc, pledge and/or conveyance shall be for the full amount of the total of all such refunds due or to become due hereunder. U. On all facilities included in this agreement for which the developer awards his own construction contract , the developer agrees to follow tbe following procedures: (l) 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 not less than two weeks prior to the date of receipt of sealed biJs as required by State ecmcutea prescribing regulations for contracts for public work. The sealed bids must be opened in the presence of o representative if the City. (2) To employ a construction contractor who is approved by the Director of the department baniuQ 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 to 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 lOD per cent of the contract price of the facility , said 600Je 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 ioceoc to commence construction of the facility so that inspection personnel will be available; and to require t6e' cootraccor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, aoo 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 uew`'chand water mains constructed under this contract until said sewer -nd water mains and aer`'!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 p-.nitary sewers, storm drainage and pavement, shall be separated in the biudiuB and City participation, if any, shall be limited to the lowest possible combination of 6i6e as if each of the abon� were awarded as separate contracts. I. Anything to the contrary herein notwithstanding, for and in consideration of the premises.ancl..the.. .co.venants-..berein-,mad.e-hy. .the- City,- the Revelp.-Per- covenants and agrees as. follows..:. (1) The Developer shall make separate elections with 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. Developers Contractor, Each.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 IV 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 Developer'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 provisions of Paragraph IV F of this agreement. (3) In addition to the bond or deposit required in the preceding paragraph, in the event Developer elects that the work be performed by the City, or its Contractor, or such election is presumed as provided above, the Developer covenants and agrees to pay to the City his share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections I, II 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 pre- pared 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 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 of action of any nature whatsoever brought for, or on account of any injuries or damages to persons or property, includ- ing 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. IV - 4 (5) Developer covenants and agrees that it discriminates against no individual involving employment as prohibited by the terms of Ordinance No. 6842, an ordinance prohibiting discrimination in employment practice because of race, creed, color, religion, national origin (except for illegal aliens), sex or age, unless sex or age is a bona fide occupational qualification. Developer further covenants and agrees that no labor organization, sub- contractor or employment agency, either furnishing or referring applicants to such developer, nor any agent of developer is dis- criminating against any individual involving employment as pro- hibited by the terms. of such Ordinance No. 6842. J. The attached Exhibits A and C are made a part hereof for all intents and purposes. 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 i day of 197 ATTEST: CITY OF FORT WO H, TEXAS By: Roy A. terra�i'-City_Secretary R. N. Line, City Manager ) APPROVED AS TO FORM AND LEGALITY: DEVELOPER: Texaco Inc. S. G. Johndroe, Jr. , City Attorney By: M. L. Merrill Asst. Regional Manager of Operations ­1APFROVED BY CITY COUNCIL OFFICIAL RECORD CITY SECRETARY Ulty 9ecr6f'ar7 ZZ.X FT. WORTH, TEX. -7-51Z IV - 5 APPENDIX "A" SUMMARY Cost Estimates for Lot 1, Block 1, Texaco Industrial Park 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 Sewer Section II Storm Drains Interior Streets Border Streets 32, 200 13,075 60,750** -0.* Section III Street Lights 450 150 600 450 TOTALS 32,650 13,225 61,350 450 Nort refundable deposit for assessments as outlined in Section II (Performance Bonds and Letters 'of Credit are unacceptable) Assessments against property adjacent to street improvements but not owned by this developer totals $15,475. SYLVANIA AVENUE _- ,yYy NORTH ,202 56' y{I�4 Sp dl drier`' �49i vra.. GRA CE AVM �- ! i In lf4q$Y-� {. .o SCALE: I°=200 i?it} i vr}t„f(t X LEGEND ' ®�. a, o BORDER STREET TO BE O 1 ASSESSAflENT PAVED UNDER Y' THIS CONTRACT :W. `� '... );;;.—�^,.r•^-, , BORDER STREETS TO BE ASSESSMENT PAVED ALONG WITH THE EXTENTION :•':' H OF RIVERSIDE DRIVE LIJ w aN wa ................... w 0 w' 8 O�,p� s Is:•:-::• n `� w m .7• 71 UB D (~ .... ;..:: EXHIBIT A 08 Lu PAVING 61 DRAINAGE m <r, rct 'r CU�•'s� ....................... V 1 .. 9... ....?:'.::...... N 00107'W,50.0 ” , mo. .............. NQ m X GS Z M Ck ""`°•' S00-23'E , 641.9' .�i• ,y.�,.: iii;.`, i :Si:. ':y!r ............. Proposed Riverside Or"Ove Sxtention LOT I BLOCK I TEXACO INDUSTRIAL PARK SYLVANIA AVENUE" gyp:,°.-_'�.�n•' NORTH GRACE AVE. ...�r p flrilah. � V' �asEf. i •o SCALE: i°=200' r'1454� LEG E N D fF ti,-�C r BORDER STREET TO BE ASSESSMENT PAVED UNDER �:�I: —j ! s THIS CONTRACT ;,'ar. ,q t•• BORDER STREETS TO BE �, ;• ASSESSMENT PAVED ALONG f . WITH THE EXTENTION Sf (n H Of RIVERSIDE DRIVE (�. :: •i- z 4. ® w .::.s.;. v, W N )!) EXHIBIT u¢ Aoo PAVING DRAINAGE • �„ .— .`,r nit V ........... 0 co 0.....i...ty rt...... a i f:• C; J N00°07'W,50.0 iC , m�................ W M + D z 's"- i:t .4• S00°23`E ®91.9 ... r Proposed Riverside Drive Sxtentibn I nT I RI n r K 1 TEXACO INDUSTRIAL PARK SYL VA NIA_ AVENUE i NORTH ,202.56 r� � V o GRACE AVE e, ro SCALE: 1°=20 0' Y L G E N ® • F° ® ra cn r D w ® w a w- C7 W 0 allo F of � Zm8 cc m nY R.i C)x ..'.. EXHIBIT oe ao o .........�-.......... STREET "LIGHTS w N a �} irr LEGEND f . O175 WATT MERCURY VAPOR.LUMINAIRE (� ON WOOD POLE. 100% 13Y DEVELOPER. ..........U..�:....... ® 173 WATT MERCURY-VAPOR LUMINAIRE a•„_� K 1Ll ON WOOD POLE. 60%•DEVELOPER,50%CITY. F• i............... • a tT Cd N-00°07,W,50.d Y S N(f• .......... W 0 m Er a . z 02 dl $00123'E��41.9 . TRACT 3-r1 i LOT I BLOCK I s TEXACO INDUSTRIAL PARK City of Fort Worth, Texas / O Mayor and Council Communication DATE REFERENCE SUBJECT: Contract for the Installation of PAGE NUMBER Community F'�acllIS:-_ L,�o 1, R1 pgk 1 _ 1/6/75 C-2998 1 of 2 Te ° Texaco, Inc. , acting ;by and through M. L. Merrill its duly authorized representative, the developer of Lot 1 'Block 1 Texaco Industrial Park Addition; has executdd a proposed contract for the installation o com- munit�ilities to Serve the area shown on the attached maps. The estimated cost of the community facilities is as follows: Developer City Total Stra eet Improvements Construction Cost $32,200 $13,075 $60,750 Construction Engi- engineering and Administration -0- 4,875 4,875 Design Engineering -0- 4,875 4,875 Street 450 150 450 Total $32,650 $22,975 $70,950 Water and sanitary sewer facilities are existing. Street paving with curb and gutter, and street lighting; will be installed in accordance with _ standard policies_ for the installation of community facilities. The con- tract includes City participation in, the cost of streets and street lighting facilities. In order to provide for the City's share of the cost of the street improvements, a bond fund transfer is proposed from the appropriate unspecified account to the project account. Assessment Paving This community facilities contract covers the a. K!essmnfi, v�n+?�o�Prem„e treet which is a border street adjacent to Lot 1, Block 1, Texaco Indus- trial Park. It is proposed that 850 feet_ of Premier Street be paved in the immediate future to serve the Texaco facilities and that the remainder of the street 'be assessment paved at such time as Riverside Drive is con- structed from 28th Street north. Approximately 500 feet on the south side of Premier Street is owned by Tarrant County. Recommendations i It is recommended: 1) That the following bond furid-!3=twansfer be approved: DATE REFERENCE SUBJECT: Contract for the Installation Of PAGE NUMBER Community Facilities, Lot 1, Block 1, of �2- 1/6/75 C-2998 Texaco I d Park From To Amount purpose Future Sales Streets in Lot 1, $22,825 City's share of Unspecified Block 1, Texaco street construction, 104-24000-901 Industrial Park Add. engineering and 104-36000-366 administration 2) That the City Manager be authorized to execute the Community Facilities contract with Texaco, Inc. RNL:ey Attachments SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY PP" ❑ OTHER (DESCRIBE) cell TARY DATE CITY MANAGER Xy