HomeMy WebLinkAboutContract 8061 COMMUNITY FACILITIES AGREEMENT C11"Y SECRETARY
CM41"RACOT
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, Tony W. Marsalis of Tarrant County, Texas, hereinafter
called "Developer", desires to make certain improvements to a portion of Lot 2-R-1,
Block 2, Triangle 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 Tony W. Marsalis 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 per-
formed, do hereby covenant and agree as follows, to-wit:
C r 'CORD
llr,"014Jl Rot p
HIARY
WA TS AMO/011 sniumv own roryipy.,
A. The Li ty agrees to i nstal I by contract or nthcrt-ji sc,, i n riccord,,inco 1r!i th i ti!
acuptod practicos, ordinaricng, rog"intinns, and thn provisions of thn Cip,
Charter, or to Q low tho Dcvalapor to unlrd a contract, subjet to the re
-
quir'ements of the City's Policias and Rogulations for inamllatlan of Com-
municy Facilitics, for:
Y'10"JAM LITIES to serve tho lots as shown on thn rP Mched Exhibit;
and SAM QVINER FACI L T1 ES to sorvc thr lath as shavn an thn MUM d
MGM -1 -i-W-ac-'c"ardanco wl th plans and smi H cant on to bn
proparod by the Engineering Division of the Water 0cpartmont, or by privnte
enq1nccrs employvd by the Devulopur and ipprovchl by the Water DapnrMnt,
B. The City agrann to install ; nt Onvairpoi-Ir cxpnnrn, at the tima nil otM-
witer mains in this additinn aro inarq1VA, a narvice line for onch lot P��
sho"n on k- attached Exhibit b Thn citimmeld clist of thaso COVOW
Mt
linal is UncIppo Thn C 1 ry ogf -py to rtvord the McPH on of -ach rol 11
sorvicc line in rcapaci to thn curHnr of thu lot survwd, and tv ratnin sold
ravords in its posorysion.
tea TV construction caCt of the ram faniiiLins o4nd Ea nrrva th, &vnlrpm,ir,'
hcrain conecrnid, cyoltmlv- & : qrvinq Hon nnJ ongincaring In cstimawl
50R_
D. The City ag •oas to install , or 10-vol pr, ils ovipansc, ot who timc all othor
sanitary sewer mains in this addition ora instolVA, n survico liou Var rowh
lot as nhown an the at achnl QQ i A 1 1O a 150 artivinir I cost M
th was service linnn it 0 pot Qnjand No ki nqrwn to rcsiuM Lhrl lc n-
ticn of nach said =YI & 11L in ; ,v p 'rl M th, cormar of thn Int snrvrJ,,
ond to rotain 5oid rocurV in ! I Tninn,
E. The cant of tho naniury qnw%r FaMitins n" to iMpTind har(?undor, nnclpklt �
of service lines ond nnqinnv &g, is �, rhzivcyl -n ly-:
..Ane,TboRxPnQFM� I kindred__
F. Prior to the award of the cnn2Zructinn confivot by thn City, 0V SO Coto-IYA ;q
of nny work by the City or itv conLruntory, it Mit kvvnhj r not i' ;,l
his awn contract, thn DnvolopcT -qr�r- LK pny to M MV2
(1) Eighty (00) par rent of the coat Q tho Y-tor TMMV,:-,
sized to surva thn OnvAnImm haiair curw,wnod, nn,l
eighty (86) jKir crnt Q rho cm nV thy anniv, N !'
facilitiPA'S to he construnlY hornundor, bolh Goats Aniqj,
oxclusivn of unginnaring and um oV rnrvi .n Mar, z;
roflactad in on ustimUs preliirril by thn Uqin !oving
Division of the Wator bopnrtwn"t or in thn far ponal A''
the low biddor.
(2) An additional tcn ( 10) par cQn! of tho total nr thn
Developer' s cost of Munn wolar and onnitory anNov
facilition, eMusivu S cont oV sni-Acu linan, For,
design cngineering, if such engincurinet is performad
by the City. This charge will bu waivcd if private
engineers employed b7 tho Umvnlupor and zinprovad by
the Water Dupartmank porlov, thn dcnign chgineuring.
LOT 2-R-1, BLOCK 2,
TRIANGLE PARK ADDITION
`
^ .
`
/]\ One Hundred /|OO\ Fan cent n( rho cos[ of all service lines,
estimated under 1-8 and \-D above, in accordance with the
provisions of the current Fort Worth City Code.
C. The distribution of estimated construction cost between the City and the
Developer as per paragraph |-F above, for a| | wacer and sanitary sewer
facilities to be constructed herouoJar is uscimate6 as [o| ) oms �
(| ) Hater Facilities
Estimated
Estimated Developer Total
Cl�' _ Cost
\
/a Mains
` '
Not �J~38q 5,20 0__-___
(b) Service-, Include(]
)
, Sub-Tota | s/ Water _01 ,700__ ____ S5,200 $6"500
_______
/2\ San iLary 5mwo�r Facilitics �
1
(a Mains
` '
Not
/b\ Services I d �
Sub-Totals, Sewer W_�D0--__---
Grand Totals q .6OO S6,40O 58,0OO
ri. The above charges dm not include any '/per connect ion" charges for connection '
to existing or proposed sanitary sewer mains construcLod or to be constructed
under the provisions of the "APPROACH [V� IN OPV |ON'/ as csLob| ishcJ by Sub-Para-
graph /3\ , page IV-7 of the Policies and Regulations for "INSTALLATION OF
COMMUNITY FAC | L |T |ES'' adopted January l / 19yI, ond as amended. These adJicim`.`/
charges are as follows :
'
Not app\ icab\e to this Contract X______________
,
Applicable to this Contract in the amount of by
Ordinance No, JaLoU
Note: Should the Developer o|enL to |oL his own contract for any or all of ,he
facilities described above/ Lhc Developer specifically agrees to pay tks
Contractor installing such facilities the full umuonL shown as due on Lh,
Final Estimate approved for payment by the Director of the Water Ucpur\xuoi
within thirty /l«\ days from the date of such approval . Temporary secvijc
connections to facilities so constructed will nor be considered unless all
authorized payments to the water utility Contractor have been om'|r aoJ .wc!'
temporary service shall be �objecL to termination should tho' Duvo! cper \ni .
to remain current with his paymonis to the Contractor . Permanont c0000`-
Lions to facilities 5o provided shall not be muJo until certification K
received from the Contractor chat final payment has been oudo by the 0,.vr | '
o;er in accordance with the approved iiva| esciomLu on the project .
LOT 2-R-I, BLOCK 2, 1 -2
v", "°,. r nvn, vnnrr/nn
_
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'
^ Should the Developer elect to let hPs own contract for water and/or
sanitary sewer facility `onsLruuion, PART C - GENERAL CONDITIONS V
the Fort Worth Water Department Gonutu7 Contract Documents and General
Specifications shall be a part of tho contract bmwssn the Developer
and the Contractor . Paro`/raph C-7 . 9 FAILURE T0 COMPLETE ON TIME uf
said PART C requires pnyxunt by the Contractor of | iguidned damages
for each calendar day that any murk remains uncompleted after the Linxc�
specified in the contract documents for completion of the contracL .
This paragraph further provides that any liquidated damages so decur-
` minc6 to be duo will be Jc6ucte6 from municq Joc the Contractor, and
that | iqui6and damoges so collected from the [oncractur are pzya6|c
to the Owner, Lhe City of Fort Worth. Therufore, in accordance with
these requirements, any liquidated damagos determined to be due by the
Director of the Water Department shall be deducted from monies due the
Contractor for work completed on Lhe project and either paid to the
City of Fort Worth by thn Developer coincidental with final payment
to the Contractor for the completed project` or credited against the
City ' s share of the comp}uLud project cost/ as appropriate.
When water facilities are installed by contract, whether developer-
awarded or ocharwiso, inscai !aLioo of water services will be included
as part of the contract . |onta} | uLion of meter boxes on those services
will be done by thc City/ after comp} ction of construction of all rela-
tive curb and gutter work on the WaLer faci | itius project site, at a
cost of $20 per contract- iosta) |nJ service, such meter box installation
charge to be due and payable prior to issuance of a Work Order on the,
water facilities installation contract ,
| . Within a reasonable time after completion of the above referenced focilitic`
to be constructed by the City or by contract awarded by the City, and their
acceptance by the City Council, the City ind Developer agree to an adjustmeoL.
of the Developer 's payment as set out in ) -F and 2-6 here /na6ovn/ so as to
conform said payment to actual conscrunion costs and actual service costs
under the provisions of the current Fort UorLh City [n6o, /said adjustment to
be calculated as payment in | -F and/or 20 above) , but based on actual quantities
as reflected in the final estimate paid t'` the Contractor by the City, and/or in
the event any portion of the fpci | iiios are installed by City forces, on the
actual records of cost, kept by the City aq a port of iis customary proccduras .
in the event the dif [arencoin cha d/rosiL and the actual costs pxceeJs $25,
Developer agrees to pay to the City any undarpaymon/ which said adjustment-
might indicate as being dun, and the City aqrees to refund to Dovr|oper any
overpayment, said refund to be made only alter all facilities required uodrr
all sections of this agreement have boon completed to the satisfaction of the
City.
It is further agreed and understood that any additional paymenL required of
Developer is to cover only such additional work and/or materials as may be
made necessary by conditions encountered during constructinn' and shall nor
include any change in scope of the project .
~
.>. L. /a*6insun, Di rector, Vatcr bqu.
Date:
LOT 2-R-1, BLOCK 2,
TRIANGLE PARK ADDITION 1 -3
���
B. STREET IMPROVEMENTS:
No street improvements are required under this contract.
ecommended:
Jack M. Graham, P.E.
Public Works Director
Based on Policy Effective
October, 1974
TRIANGLE PARK ADDITION
LOT 2-R-1, BLOCK 2
11.-2
STREET LIGHTS
No street lights will be required in this contract.
go
Gary' tear Traffic Englneerilrg-Dtrector
Block 2
Triangle, Industrial Addition
Port Worth,, Texas
I .
GENI,RAL REQ1,AR1,,.MEN`T',`,
A. It is agreed and understood by the parties hen.,!to thaL 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 1.1v., construrLion of all facilities
covered by this contract , subject to paragraph B.
B. For any project estimate�i to cost less than $6,000, �.)r for any project designed
to serve a single lot or tract, the developer tray 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 6 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 COnLract , ai�y p rL ht,reef, ur any, i riterest herein Fhal I not be assigned by
developer without writLen con�,;,,,nt of the City 'Janager, and it is further agreed
that Such written cond,tnt, will not be granted for the assignment , transfer,
pledge and/or convey,"ma.,e of any reftinds due or to become due to developer except
that such assignMC�It , trIMfur, pledge and/or conveyance shall be for the full
amount of the total of" all ;uch refunds due or to become due hereunder.
it. On all facilities includod Ln this agreement for which the developer awards his
own construction u'oatracL , th�.w 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 leaqt one
time not less than two weeks prior to the date of receipt of sealed bf.l. as
required by State statutes prescribing regulations for contracts for public
work. The sealed bi,ds 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 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,-r #and 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 - .-Atary sewers, storm drainage
and pavement , shall be separated in the bi(.di,ig and City participation, if
any, shall be limited to the lowest possible combination of bids as if each
of the abo,,,-- were awarded as separate contracts.
IV - 3
I. Anything to the contrary herein notwithstanding, for and in consideration of
the premises and the covenants hervin, maAe by the City, the Nveloper 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 Developer's Contractor.
Each such separate election shall be made in writing aad 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 rues 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 1, 11 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), cantemplated
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, 06 offi-
cers, agents and employees from all claims, suits or causes of action
of any nature whatsoever, whether real or asserted, brought fzr or on
account of any injuries or damages to persons or property, including
death, resulting from, or in any way connecced with, this agreement ,
or the construction of the improvements or facilities described herein;
and in addition the Developer covenants to indemnify, hold harmiess and
defend the City, its officers, agents sad 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. B. B-1 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 day of 47:'l
ATTEST: CITY OF FORT WORTH, TEXAS
By: _191
TffBat&man, City Secretary R. NTE11A ; n ger
V
APPROVED AS TO FORM AND LEGALITY: DEVELOPER:
050,
S. G. Johndroe, Jr. , City Attorney olp- Marsalis
IV 5
APPENDIX "A"
SUMMARY
Cost Estimates for Lot 2-R-1, Block 2, Triangle Park Addition
Performance Bonds
Developer's City's Total Lbtter of Credit
Construction Construction Construction C.D. 's or
Section Cost Cost Cost Escrow
Section I
Water $5,200 $1,300 $6,500 -0-
Sewer $1,200 $ 300 $1,500 -0-
Section II
Storm Drains
Interior Streets
Border Streets
Section III
Street Lights
TOTALS $6,400 $1,600 $8,000 -0-
Non refundable deposit for assessments as outlined in Section II
(Performance Bonds and Letters of Credit are unacceptable)
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City of Fort Worth Texas �jv� JA
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Mayor and Council Communicati n
DATE REFERENCE SUBJECT: Contract for the Installation PAGE
NUMBElI �.� � w _ Lot 2-; l
11/1,1174 C.-2956 Trian le Park ditio I or
on a:rsalis the developer of Lot 2-R-1, Block 2, Triangle Park Addi-
tion, has executed a proposed contract for the installation of community
facilities to serve the area shown on the attached maps.
facilities is as follows:
The estimated cost of the co
. lnlliuxxity follows:
0evelo r M2 'Total.
Sanitary Sewers 1,200 $ 300 $ 1,500
Water 52 �300 6 500
Total $ 6,400 $ 1,600 8,000
Existing facilities include street paving with curb and gutter, storm
drainage, and street lighting. dater facilities and sanitary sewers will
be installed in accordance with standard policies for the ivistallation of
community facilities. The contract includes City participation in the
cost of water and sanitary sewer facility construction.
Maintenance Agreement for Storm brain
The maintenance of an existing drainage channel across Lot 2--- -1, Block 2,
Triangle Tsar . Addition has been covered in amaintenance agreement signed
by the developer. The maintenance agreement with the City is in lieu of
concrete lining the drainage channel.
Recommendations
It is recommended:
1) That the City Manager be authorized to accept and record
a Teraina e bitch Maintenance A reement from the developer
for the purpose o n n t e exist -foot
drainage e sement and channel ,w thin subject property, and
1
2) That the City Manager be authorized to execute the
Communit "acili.ties Contract with the Developer,
TonX W. Marsalis.
; L,:a
Attachments
_.,...,_� . t_ . .,.m...,.,..,
SUBMITTED BY DISPOSITIO Y COUNCIL: PRM41 ED BY
APPROVED �OTHER k,
(DESCRIBE)
CITY SECRETARY
DATE
CITY MANAGER