HomeMy WebLinkAboutContract 6040 .'fj-RfUNITY FACILITIES AGREEMENT
STATE OF TEXAS CITY SECRET�RY.
COUNTY OF TARRANT I
WHEREAS, Baker-Jones-Crow, a partnership, of Tarrant
County, Texas, hereinafter called "Developer", desires to make certain improve-
ments to a portion of Block One, Indian Creek 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; NOI� THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
That said Developer Baker-Jones-Crow, a partnership, acting
herein by and through Wilburn E. Jones, a 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:
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7
WATER AND/OR SANITARY SEWERAGE FACILMES
A. The City agrees to install by contract or ntherwise` in accordance with its
accepted practices, ordinances,, regulations, and the provisions of the City
Charter, or to allow developer to award o contract for:
Sani,tary Sewer Facilities to serve the lots as shown on the attached Exhibit N/A
and Water Facilities to serve the lots as shown on the attached Exhibit B , all
in accordance with plans and specifications to be prepared by the Engineering
Division of the Water Department ,
B. The City agrees to install , at Developer' s expense, at the time all other sewers
in this addition are insta| )edY a service line for each lot as shown on the
attached Exhibit B , The estimated cost of these service lines is .
City agrees to record the location of each said service line in respect to the
corner of the lot served, and 10 retain said records in its possession.
C. The cost of sanitary sewerage f i | it | to be installed h d is ti t d
to be none required
Dollars ($
exclusive of engineering and cost of service lines.
Prior to the award of the contract by the City, or to commencing of any work by the
City or its contractors/ if the developer does not award hi � own contract/ the
developer agrees to pay to the City:
(l ) Seventy-five (75%) per cent of the cost of the sanitary sewerage facil-
ities to be constructed hereunder 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.
/2\ An additional tan /1090 per cent of the total of the developer ' s cost of
these sewerage facilities, for engineering and miscellaneous costs,
(3) One Hundred ( 700%) per cent of the cost of the service lines, estimated
under I -0 above in accordance with the provisions of the current
Fort Worth City Code. `
D. 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__8 The estimated cost of these service lines is $ not included
in accordance with current provisions of the Fort Worth City Code.
E. The cost of the water facilities sized to serve the development herein concerned is
estimated to be Thirteen Hundred—and no one hundreth
Dollars ($ 1300.00 ,
exclusive of engineering and cost of service / ines' prior to the award of the
contract by the City, or to commencing of any work by the City or its contractors,
if the developer does not award his own contract, the developer agrees to pay the
City: .
� Indian Creek Addition., Block ]
2
(| ) Seventy-five /75%1 per cent of the cost of the water facilities sized
to serve the development herein concerned, 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,
(2) An additional ton (lU%) per cent of the total of the developer' s cost
of these water facilities, for engineering and miscellaneous costs,
(3) One Hundred per cent / 100%1 of the cost of the service lines, estimated
under l -D above in accordance with the provisions of the current Fort
Worth City Code,
F. Within a reasonable time after completion of the above referenced facilities to be
constructed by the City hereunder and their acceptance by the City Council, the
City and developer agree to an adjustment of the developer ' s payment as set out
in |-C and l -E hero |na6ove° yn 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 the payment in | -C and/or | -E
above, but based on actual quantities as reflected in the final estimate paid
to the contractor by the City/ and/or in the event any portion of the facilities
are installed by City forces, on the actual records of cost, kapt by the City as
a Part of its customary procedures. in the event the difference in the deposit and
the actual costs exceeds $25.00' developer agrees to pay to the City any under-
payment which said adjustment might indicate 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 agreement 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 .
G. Should the developer provide approved plans and specifications for the work
covered by this agreement, the lO per cent / 10t1 engineering and miscel7aneous
charge set out in the paragraphs C and E above shall be reduced to six per
cemt (6%) ^
RECOMMENDED:
Data-
� |ndian Cred< Addition, Block ]
TT.
STOR-M DRAIIJAGE AND STREEP IMPROVEMENTS
A. STOR114 DRAINALIE
The .Developer has requested a variance from the standard policies
for community facilities agreement and was granted such variance
by the City Council of the City of Fort Worth on June 12, 1967,
under provisions of M & C No. G-1100. No storm drain facilities
will be required in this contract subject to the following agree-
ment:
In order to protect the City from any liability or expense in
connection with the variance from standard policy, the developer
agrees :
1) That the City of Fort Worth is absolved and relieved of the
obligation or responsibility of protecting the banks of
said creeks from erosion or keeping said channel free of
trash, debris and water accumulation;
2) That the fiii".shed floor of all habitable buildings erected
on the subject tract, shall not be less than 9 feet above
the center of the stream bed of said creek. The Engineering
Study indicates that the maximum depth of water in the creek
for the 50-year frequency flood would be 7.7 f'eet;.
3) That no habitable building shall be erected on the subject
tract closer than 50 feet from the southerly property line
of the tract (which likewise constitutes a common boundary
with the Village of Westover Hills) and is generally the y,
north bank of the creek;
4) That in the event the subject tract is subdivided into smaller
parcels, it is understood and agreed that the requirements of
the City of Fort Worth pertaining to the treatment of said
channel, shall be subject to review by the City of Fort Worth
at its option; and
5) That the agreements and covenants contained herein are of the
nature of covenants running with the land and shall be binding
upon the present owners and subsequent owners of the subject
tract.
1
It shall further be required that the above agreement be made a part
of the record of deed to the above property when said deed is recorded
in the Deed Records of Tarrant County, Texas. In the event such re-
cording is not made, then the above storm drain requirements under
this contract shall be null and void, ,
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2. Thu streeLS Lo be improved Krouzadur are shown on Exhibit "A" gat C.N,e.lic I
hereto.
a. Developer hcvsrc.°1>y agrees and binds itsel is ta:
bxcavat r its own expense all . Lronts , including pnr1 # and ru"d -
ways, to Me and trade to be set by the City Ln„inuur ,
b. Construct at its own expense, curb returns at all street ;intersection
within or adjacent to the area covered by this contract.
C. Be responsible for construction of standard concretes driveways to the
bask of walk line for all lots included in this platting.
d. Be responsible for grading the parkway between the curb lines and the
property lines to the proper elevations so that future pedestrian side-
walks can be constructed.
e. It is possible that Roaring Springs Road will need to be widened adjacent
to the proposed development in order to provide safe and adequate ingress
and egress , in which case the developer shall bear the expense for any
necessary street widening. `
f. To complete the improvements to any street or streets covered by this
agreement within 90 calendar days after having been instructed to do
so, in writing, by the Public Works Director. It is understood that
the developer will initiate the construction of all street improvements
to conform with his own schedule, except for those street 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 instructions within the 90-day period, the developer gives
the City the right to award a contract for the street improvements in
question, and agrees to pay to the City, prior to the award of the con-
tract, the amount of the low bid. `
4. Should it become evident during the construction of the street improvements
herein described that concrete valleys or sub-drains are required to pro-
perly drain the area and sub-grade, developer agrees to install at its own
expense, such concrete valleys and/or sub-drains as may be required in the
judgment of the Public Works Director.
5. Developer agrees that all street improvements to be constructed hereunder will
be subject to inspection and approval by the Public [corks Director.
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IV.
GL,11aIAL 1U).,'�ULCIIENTS
It is agreed and understood by the parties hereto that developer reserves
the right to review plans and specifications for the construction of any
facilities prior to advertising
., for bids. City hereby agrees to furnish
one set of plans and specifications to developer, for consideration and
comments and the City hereby a8rees to consider and evaluate same at
their respective merits. 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 depart;ient having jurisdiction. Two (2) sets of plans and specifica-
tions for each facility shall be furnished the depart;.'tent having jurisdic-
tion. It is agreed and understood that the decision of the Public Works
Director, 6
Traffic &i-ineering Director, and/or Water Department Director
i.&U be final.
B. It is further agreed and understood by the parties hereto that 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 thereof.
0. 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. 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, nay be completed by
the City at' the developex's expense, and that no refunds due the developer
on any facility constructed under this agreefient shall be made until all
provisions of the agreement are fulfilled.
D. Performance bonds, or a cash deposit in lieu of and in like amouat of the
performance bonds, are required for streets, storm drainage and street
liffi/, ts, and must be submitted prior to the execution of the contract for.
installation of corsaunity facilities by the City. The bonds shall be
standard performance bonds as provided bwr a licensed surety'company on
form 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 forth which is insured by the Federal
Deposit Insurance Corporation or- the Federal Savings and Loan Insarance,
Corporation. The City of Fort Worth cannot pay interest on arW, de, Psit
maAs hereunder 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:
...........%iii.
(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 construc-
tion, 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 re-
assign the deposit to the developer, including accrued interest
or dividends thereon, upon express order of the City Lanager.
Deposits may be i,,iade in any Fort i4orth financial institution
whose accounts are insured by the Federal Deposit Insurance
Corporation or the Federal Savings & Loan Insurance Corporation.
Bonds or gash Deposits will be furnished for
a) 100 per cent of the estir,.,ated developers share of the cost
of the storm drains,
b) 20 per cent of the estimated developer cost of streets for
amounts between � and X5,000 or
X5.,000.00 plus 15% of the estimated developer costs for
amounts Oetween $25,001 and X50,000 or
X8,750 Plus 101%, of the estimated developers cost for amounts
between 1450,001.00 and $100,000.00 or
ra13,050.00 Plus 5% of the estimated developers cost for
amounts over : 100,000.00.
c) 100 per cent of the developer's share of the cost of
the street li,7hts 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 water and sanitary sewer facilities.
.E. This contract, any part hereof., or an-ir interest herein shall not be assigned
by developer without written consent of the City manager, and it is farther
aZree,d that such written consent will not be granted for the assigrment,
transfer, pledge and/or conveyance of any refunds due or to become due to
developer except that such assigrrient, transfer, pledge and/or conveyance
shall be for the full arnount of the total of all such refunds due or to
become due hereunder.
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F. On all facilities included in this agreement for which the developer awards
his own construction contract, the developer agrees to follow the following
procedures, none of which apply to street improvements except Number 8:
1. 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
licensed and bonded to do work in public streets.
2. To require the contractor to furnish to the developer a performance
bond in the name of the developer for 100 per cent of the contract
price of the facility, said performance bond to be furnished before
work is commenced.
3. To deposit with the City an amount equal to 5% of the contract price
for all facilities except street improvements, prior to commencing of
any construction work for the engineering services to be performed by
the City, plus an additional 5% if the City is to prepare the plans
and specifications.
4. To give 24-hours notice to the department having jurisdiction of intent
to commence 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 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 riot to
constitute approval of the quantities on which payment is based.
6. To require the contractor to furnish to the City, prior to making the
final payment, a written one-year guarantee against defects in materials
and/or workmanship of facilities so constructed.
7. To delay connections of buildings to service lines of sewer and water
mains until said sewer and water mains and service lines have been com-
pleted to the satisfaction of the Water Department.
8. Developer further covenants and agrees to and by these presents does
hereby fully indemnify and hold harmless the City, its officers, agents
and employees from all suits, actions or claims of any character, whether
real or asserted brought for or on account of any injuries or damages
sustained by any person or to any property, resulting from the construc-
tion, performance or to be performed by said developer, its contractors,
agents, or employees or in consequences of any failure to properly safe-
guard the work, or on account of any act, intentional or otherwise,
neglect or misconduct of said developer, its contractors, sub-contractors,
agents or employees.
C. The attached Exhibits Aand 3 are made a nart hereof
for all intents and purposes.
IN TESTIMONY WHEREOF, the City of Fort Worth has
caused this instrument to be executed in quintuplicate 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 sai developer has executed this instrument in
quadruplicate, this the day of
NITEST: CITY OF FORT WORTH, `fl.�.'XAS
By L00,
RAe dteinan, City Secretary H. D. McMahan, City Manager
APPROVED AS TO FORM AND LEGALITY:
ell DEVELOPER.- Bake r jone a.-Crow
S. G. Johndroe, Jr. , City Attorney � t gin
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BLOCK ONE
DATE: 7/25/67 1 FILE NO. C-2384
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AREA 41TO BE DEVELOPED
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EXHIBIT
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'BLOCK ONE
IC1DIf1n CRccH ADDITIon
24.137 AcmEs -k4P,RiSSETT SURVEY , Aesy N° 193
Ai FORT W02TH,TA2RrANT CO,, TEXAS
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