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HomeMy WebLinkAboutContract 6539 COMMUNITY FACILITIES AG'REF11ENT STATE OF TEXAS X CITY CREIA . 4 CT ONC COUNTY OF TARRANT �( C 'RA N w , � 1 n WHEREAS, Baker-Jones-Crow, #4, a partnership of Dallas County, Texas, hereinafter called "Developer", desires to make certain improvements to a portion of Block 1, Indian Creek Addition to the City of Fort Worth, Texas , and , WHEREAS, the said Developer has rejuested the City of Fort Worth, a municipal corporation of Tarrant County, "Texas , hereinafter called "City", to do certain work in connection with said improvements ; NOV, "THEREFORE, KNOW ALL MEN BY THESE PRESENTS: n That said Developer, Baker-Jones-Crow, #4 , a partnership, acting herein by and through Willard R. Baker, its duly authorized partner and the City of Fort Worth, acting herein by and through H. D. MCJahan, 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: Ie 4 i f' h o; r j; t' I� 4 WATER AND/OR SANITARY SEVER FACILITIES { No water or sanitary sewer facilities required under this contract. I 5 4 VI V' yl i w wwu„am.o-• .aG ... nr ..0 . e .l.,a,.mm..m w... . STORM DRAINAGE AND STREET IMPROVEMENTS A. STORM DRAINAGE IMPROVEMENTS: 1. The City agrees to install or cause to have installed the storm drain facilities shown on the attached Exhibit "A-1", in accordance with the Plans and Specifications as prepared by the City. The Developer agrees to pay for the cost of that portion of culvert pipe located on his property and also to pay for the construction of three 10' storm drain inlets with lead lines necessary for the interception of runoff from the Developer's property. The Developer has previously agreed to pay the cost of the culvert pipe (Volder Drive Storm Drain Easement as recorded in Tarrant County Deed Re- cords, Volume 4823, Page 181, and said Easement being approved by the City Council as M & C # L-2962) ; however, a redesign of the storm drain facility, since the signing of the ease- ment and at the Developer's request, has caused an increase in pipe size and calls for the construction of three (3) additional 10' storm drain inlets. 2. The following is the actual cost for the proposed storm drain facilities, said costs being based on the actual bid prices as received by the City on March 19, 1970: 603 L.F. 42" R.C.P. , 624 L.F. 54" R.C.P. , 3 Standard 10' Inlets with 21" lead lines @ $30,755.00 Total Construction Cost $30,755.00 City Participation 14,349.00 Developer's Non-Refundable Cost $16,406.00 At the Developer's request and because actual bid prices are known no final adjustment of the Developer's payment will be made, unless the scope of work is changed with the Developer's agreement. 3. The Developer agrees to execute a maintenance agreement for the portion of Indian Creek outlined in red on Exhibit "A-1", which follows the southern edge of Block 1, and in accordance with standard policy. INDIAN CREEK ADDITION, PHASE III Lot 3, Block 1 B. STREET IOROVEIIE14TS: 1. The Developer hereby agrees and binds itself to: a. Be responsible for grading the parkway between the curb line and the property line to the proper elevation and to construct at its own expense sidewalk along the frontage adjacent to Volder Avenue between Roaring Springs Road and its termination east of Tanny Street to the line and grade set by the City Engineer. Estimated Cost = $2,700.00 b. Be responsible that no construction will begin on the sidewalks within the limits included herein, and as shown on the attached Exhibit "A-211, prior to installation of all underground utilities, including service lines. RECOMMENDED: 0e,4JCK M�- GRAHAM, P.E. , PUBLIC WORKS DIRECTOR INDIAN CREEK ADDITION, PHASE III Based on Policy Lot 3, Block I Effective as of April 17, 1970 11-2 III STREET LIGHTS No street lights will be required in this contract. If,pe T R. Buckman, Traffic Engineering Director van 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 - 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 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 $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 project cost is required prior to initiation of construction for any facilities for which the City shall award the contract. IV - 2 G. This contract, any part hereof, or any interest herein shall not be assigned by developer without written consent of the City Manager, and it is further agreed that such written consent will not be granted for the assignment, transfer, pledge and/or conveyanc�e of any refunds due or to become due to developer except that such assignment, transfer, pledge and/or conveyance shall be for the full amount of the total of all such refunds due or to become due hereunder. H. On all facilities included in this agreement for which the developer awards his own construction contract, the developer agrees to follow the following procedures: (1) If the City participates in the cost of the facilities , the construction 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 bid.-i as required by State statutes prescribing regulations for contracts for public work. The sealed bids must be opened in �the presence of a representative of the City. (2) To employ a construction contractor who is approved by the Director of the department having jurisdiction over the facility to be so constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets , and to be qualified in all respects to bid on public projects of a similar nature. (3) To require the contractor to furnish to the City payment, performance and maintenance bonds in the name of the City for 100 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 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, 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,,roand water mains constructed under this contract until said sewer z­nd water mains and se r1,4,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 ,-�:-iitary sewers, storm drainage and pavement, shall be separated in the bicdiag and City participation, if any, shall be limited to the lowest possible combination of bids as if each of the above,-, were awarded as separate contracts. IV - 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 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 pro- visions 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 es- timated 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 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_ ed with, this agreement, or the construction of the improvements or facilities described herein- and in addition the Developer covenants to indemnify. 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 ,,7hatsoever 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. J. The attached Fxhibits A-1 and A-2 are made a part hereof for all intents and purposes. IV IN TFSTIMONY VHEREOF, 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 V day of 19/4, ATTEST: CITY OF FORt/1VORTH, TEXAS By: Pty jV Bateman, City Secretary "`°H. D. McMahan, City Manager APPROVED AS TO FORM AND LEGALITY: PEVELOPFR: Baker—Jonfis—Grow, #4 05' ,0 zL S. G. Johndroe, Jr. City Attorney 15ik r, IV 5 APPENDIX "A" SUMRARY Cost Estimares for a portion of Block 1, Indian Creek Addition Performance Bonds Ce,elz-per 's City's Total Letter of Credit Cc)nstruccIon CunsLt,-tcL-Lon Construction C.D. 's or Section ---Cos t, C;,s U Ccsr, Escrow Section I Water $ -0- $ -0- $ -0- $ -0- Sewer -0- -0- -0- -0- Section II Storm Drains 16,406 14 ,349 30,755 -0-*' Street Paving Interior Streets 2,700 -0- 2, 700 540 (Sidewalks) Border Streets cost- E., be determined at such time as -0- s,:reet., are ii-npr6ved) Section III Street Lights -0- -0- -0- -0- TOTALS $19,106 $14,349 $33,455 $540 NOTE: It' the City perr�)rfns the work with City forces or awards the construction contracts a cash deposit fG, developer 's portion of the cost is required prior t.f3 contract. award, Phis cash deposit is in addition to other required deposits or bonds as ouriined in Paragraph IV F of this agreement. *Non refundable deposit for assessments as outlined in Section 11 (Performance Bonds are undc=epr- ble) Deposit for developer's portion of storm drain cost has already been made. y. I 10� INLET a 2 VOLDER o' INLET 24° AVE x ^�- — 4 10' INLET, 'p, LOT 3 S\ Zc SCALE I"=200' ----------- o -� I I � I I LOT 2 1, I BLOCK LOT i I i I I � , I � I I I I d I � I � I I r , t I I I INLETS AND LEAD LINES I BY DEVELOPER , BEAUTIFICATION PROJECT AND MAINTENANCE BY DEVELOPER ry I STORM DRAINS PHASE 7.E INDIAN CREEK ADDITION II CARTER R BURGESS, INC. ENGINEERS-PLANNERS 1100 MACON FdQtT WORTH, TEXAS EXHIBIT A-1 P. * M ------ PSI _ p I N y C-OT 2 SIDEWALK BY DEVELOPER B 4 � I e BLOCKr LOT ! PAS r^ ¢aG04L E a r'L A r^wNt Qr .. 1 - POP LX �LVT A ` ° City of Foit Worth, TeX1ZS NNyor and Council CominunicdiiA " ' 4_'�(J DATE intract SUZECn Cc for the Installation of PAGE mu"OEO Community Facilities, Lot 3, Baker-Jones-0ow, #4, a partnership, acting by and through Willard R, Baker, its duly authorized partner, the developer of Lot 3, Block 1, Indian Creek Addition, has executed a proposed contract for the installation of community facilities to serve the area shown on the attached maps,, The estineted cost of the community facilities is as follows: Develo AS IrPLtil Oteet Improvements (Sidewalk) 2, 100 $ -0- 2,700 Scorm Drains _16 406 9 Total $19,106 $14,349 $33,455 Sidewalk will be installed in. accordance with standard policies for the in- scallation of community facilities. It is proposed that the natural channel failing along the southeast side of the development be improved under the beautificacion policy and perpetual private maintenance will be assured through recorded covenants. Dn March 30, 1970 (M&C C-1695) , a contraac was awarded to E. H. Shaw, Con- tractor for the installation of storm drain facilities in Volder Drive adja- cent to this development. The developer's portion of the cost for this can- tract was computed under the policy for residential "Built-up Areas". Under this policy the developer pays for the cost of the pipe and the City bears the cost of installation, Financing for the City's cost was provided in NZC C-1695. Recommendations 1) That the City Manager be autharized to execute the community facilities contract with Baker-iones-Crow, #4; and, 2) That the perpetual maintenance agreemeut foz the beautified Hannel be accepted and recorded,, Attachments Q APPROVED [J OTHER (DESCMBE) CMY SECRETARY MY MANAGER