HomeMy WebLinkAboutContract 6117 SEC`_
COnIIUNITY FACILITIE'S AGRLII`ME'NT Mmwr Alf
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, Western Hills Development Corporation of
Dallas County, Texas , hereinafter called "Developer", desires to make
certain improvements to a portion of Western Hills Addition, Section 7,
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 , herein-
after called "City", to do certain work in connection with said improve-
ments; NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
That said Developer, Western hills Development Corpora-
tion, acting herein by and through Raymond A. Gressett, its duly authorised
Executive Vice President and the City of Fort Worth, acting herein by and
through H. D. McMahan, its duly authorized City Manager, for and in considera-
tion of the covenants and agreements herein performed and to be performed,
do hereby covenant and agree as follows, to-wit:
WATER AND/OR SANITARY SEWER FACILITIES
Aa The City agrees to install by contract or otherwise, in accordance with its
accepted pract ;ces, ordinances, regulations, and the provisions of the City
Charter, or to allow the Developer to award a contract for ,
WATER FACILITIES to serve the lots as shown on the attached Exhibit B
and SANITARY SEWER FACILITIES to serve the lots as shown on the attached
Exhibit-B-1 --, all in-accordance with Plans and specifications to 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 all other
water mains in this addition are installed., a service line for each lot as
shown on the attached Exhibit B . The estimated cost of these service
lines is s 14,.500 The City agrees to record the location of each said
service line in respect to the corner of the lot served, and to retain said
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 One Hundred Eighteen Thousand ------------ Dollars ($ 118,000 _) -
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 -B-1 . The estimated cost of these
service lines is $ 12,500 —. The City agrees to record the location 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 estimated to be
One Hundred Six Thousand Dollars ($-106,000
F. Prior to the award of the construction contract by the City, or the commencing
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,
(1 ) Eighty (80) per cent of the cost of the water facilities
sized to serve the development herein concerned, and
eighty (80) 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 reJected in an estimate prepared by the EngineerinQ
D;vision of the Water Department or in the proposal of
the low bidder.
(21 An additional ten (10) per cent of the total of the
Developer ' s oer ' s cost of these water and sanitary sewer
facilities, exclusive of cost of service lines, for
design engineering, if such engineering is Preformed
by the City. This charge will be waived if p- iv ate
engineers enniployed by the Developer and apProved --by
the Water D--Partment perforim the design enqineer ;nq.
Western Hills Addition, Section 7
2
(3) One hundred (100) per cent of the cost of all service
lines, estimated under 1-13 and 1-p above, in accordance
with the provisions of the current Fart Worth City Code.
G. The distribution of estimated construction cost between the City and the
Developer as per paragraph 1 -F above, for all eater and sanitary sewer
facilities to be constructed hereunder is estimated as follows:
(1) Water Facilities,
Estimated
Estimated [developer Total
i tCost Cast Cast
(a) Mains " $ 23600 $ 941400118000
164 - 3/4
(b) Services ( ; - 2" ) -0- 14,500 14,500
Sub-Totals, Water $ 23,600 $I08 900 $132,500
(2) Sanitary Sewer Facilities,
(a) Mains $ 21,200 $ 84.P800 $106,1000
(b) Services (156 - 4" ) -0- 12,500 12,500
Sub-Totals, Sewer $ 21,200 $ 97,300 $118,500
Grand Totals $ 44,800 $2061200 $251,000
NOTE; Plans and specifications are to be furnished by developer's engineers,
Carter and Burgess. Therefore, no engineering charges are included in
the above cost tabulation.
H• 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 are adjustment of the
Developer ' s payment as set out In 1-F and 2-G hereinabove, so as to conform
said payment to actual construction costs and actual service costs under the
provisions of the current Fort Worth City Cade, (said adjustment to be calculated
as the payment in 1-F and/or 2-G above), but based on actual quantities as re-
flected n the f inal est irrate paid to the contractor by the City, and/or in the
event any portion of the facilities are installed b'y -Cli ty forces, on the actual
-ecords of cost, wept by `rye rlty as a part of its customary procedures, the
evert the difference ;r€ the deposit and the actual cost exceeds $25,00, Developer
agrees to pay to the City any underpay-r=ent which said adiustm nt might indicate
as being due, and City agrees to refund to Developer any overpayments said re
Western dills Addition, Section
�
fund 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 forther agree6 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:
V4- eelk-
Date:
Western Mills Additimo^ Section /
11♦
STORM DRAINAGE AND STREET DIFROVEIIENTS
A. STORM DRAINAGE IvIFROVE a TS
1. The City agrees to install or cause to have installed, or the developer agrees
to cause to be installed, the storm drainage facilities shown on the attached
Exhibit "A", in accordance with plans and specifications to be prepared by the
City or prepared by the developer's engineer as approved by the Public Works
Director..
2. The estimated cost of the storm drain facilities is based on the following
minimum design. It is understood that actual sizes and costs may vary after
detail engineering is accomplished and bids are taken: 1 Ea. 3-66"x62' R.C.P. Culv. ,
1 Ea. 3-78 1'x62' R.C.P. Culv. ,4 Ea. Spcl. Drop Inlet, 14 C.X. Conc. Riprap, 6 Ea. 5' Cb. Inlet,
19 Ea. 10' Cb. Inlet, 5 Ea. 20' Cb. Inlet, 3 Ea. 4' Sq. M.H. , l Ea. Type l M.H. , 2100 C.X.
Trench Exca. , 2000 L.F. 6" Subdrain, 400 L.F. 18" R.C.P. , 2000 L.F. 21" R.C.P. , 3220 L.F.
24" R.C.P. , 740 L.F. 27" R.C.P. and 200 L.F. 30" R.C.P. -@ $106,958.50
Cost of preparation of plans and specifications for the
improvements if so performed by the City (10% of contract
cost) -0-
TOTAL: COST OF' STOM-i TJIiAIk` FACILITIES $106,958.50
3« The developer's non-refundable payment is determined by "a" or "b" below:
a. In the event developer awards his own contract for the storm drainage
work, he shall pay the entire cost of the construction plus the cost of
engineering as determined in Paragraph F, Section IV, hereof.
b. In the event the City installs, or causes to be installed, the storm
drainage facilities, the non-refundable cost to the developer is as follows:
Total Construction Cost $106,958.50
City participation
7,700.00
Non-refundable construction cost $99,258.50
Noy—re ridable n neo-_ g cost if C �, n e-
pares plans and s s mss. 'c l o s( ii v of i-,o-
refunda0le construction cos' ) -0-
Esti a=:od Mon-refundable cost $99,253.50
. in the event the developer employs his own contractor to construct the storm
drainage facilities, the conditions set out in Section IV, Paragraph It, hail apply.
. Upon completion .l . �r d
r ' e i. F,,'� it is agreed and understood
that .� ie dam' �'` o— � w Y}„�f u ', € �.M a.. �j„4 v w,. �,J equal iw?a...: an�,t:�' ti.+�,:-r' '�” -""aR f ��,�
the
final ah t, except h the City will, g'o -1 refund un any excess �payTrieni t u t'. .
�
facilities required under all, se ti`ons this agreement nave beers .olii-piete to the
satisfaction of the City. This amount shall be paid to the City within 15 days
after being notified to do so in writilag by the ,Public ;,forks Director,
2 Palomas Drive from the west line of Lot 23, . k
5 o the east line o t 23 Block d & the
south line of Lot 8 Bloek 76 to the north line of
Lot 80 Block 76, in both cases, a thirty 0 ' foot
roadway of residential grade n . (Length 230')
3 San Harzos Drive from the south-east line of Lot 69,
Block 65 to the east line of Lots 71 and 720 Block
65 a thirty Not roadway of residential grade
pavvmeut. This Jacludes a cul-de-sac at the end of
San Marcos Drive , eh has a radius of 47.51. It
shall also be paved v ° h residential grade pavement.
(Length 200
4 sites Court from the south lime of Lot 38, lock
to the south line of Lots 34 and 35, Block 65, a
thirty (301) foot roadway of residential grade
pave-
ment. This Weludes a cul-de-sac at the end of Casita
Court WK has a radius of 47.5'. It shall also be
paved using residential grade pavement. (Length 280:)
Softwind Court the east line of Lot 15, Block 84
to the east line of Lot 12, Block 84 a thirty (301)
foot roadway of residential grade pavement. This includes
cul-de-sac at the end of Softwjad Court which has
radius of 47.51. It shall also be paved using residen-
tial grade pavemeut. (length - 2201)
TO ftvm the north-east line of Lot 2, Alock
to the north-east dine of Lot Q Blonk 84 a thirty foot
(301) roadvay of residential grade pavement. T h i
includes a cul-de-sat at the end of Tioga Court which
has a radius of 47.5t. It shall also be paved usiln?b
residential grade pavement. (Length 150')
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 construc-
tion 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 contract, the amount of the low bid.
Should it become evident during the construction of the street im-
provements herein described that concrete valleys or sub-drains are
required to properly 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 Direc-
tor.
5. Developer agrees that all street improvements to be constructed
hereunder will be subject to inspection and approval by the Public
Works Director.
6. The estimated cost of the street improvements required under this
agreement, exclusive of engineering and miscellaneous costs, is
as tabulated below:
Developer's construction cost 0345o M.00
City's construction cost
Total construction cost
It is understood that the actual design and costs may vary as the
proper engineering design is established and the actual bids are
taken®
7. Developer agrees to furnish to the City, simultaneous with developer's
execution of this contract, a "Performance Bond" or cash deposit in
accordance with Paragraph F, Subparagraph 3, Section IV of the contract.
This bond or deposit will be conditioned upon the satisfactory com-
pliance by the developer with all requirements concerning street im-
provements as set forth in this agreement.
S. The City agrees and binds itself to:
a. Furnish necessary construction engineering without charge within
a reasonable time after receipt of a written request from the
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.
b. Reimburse the developer the following costs of improvements to the
streets included herein, on completion of said improvements:
1) The reimbursement shall be for the cost of the road width in
excess of 40 feet on roadways up to 60 feet in width when
required by the City.
For roadways 64 feet or greater in width, the reimbursement
shall be for the cost of roadway width in excess of 40 feet
adjacent to property zoned residential and for the cost of
roadway width in excess of 44 feet when the adjacent property
is zoned other than residential.
2) The reimbursement shall be for the additional construction
cost resulting from constructing pavement suitable for
arterial or major thoroughfares adjacent to residentially
zoned property where such pavement is required by the Public
Works Director and included in the developer's agreement.
3) The reimbursement shall be based on unit prices actually
paid by the developer and approved by the Public Works
Director, except that the reimbursement for excavation shall
not exceed $0.30 per cubic yard.
RECOMMENDED:
K M. GRAHAM, P.E., PUBLTC WORKS DT RECTOR
STREET LIGIftwi
AMIT1011 I F M1
8 ' V '7
1. City agr ees! to install or to cause to be installed, or t'he developer agrees to cause to
be installed, street lights using a at the t,-ip,1!rr)ximatc locations shown, ,on the
attached, plat m'arked 'Exhibit "C�", said strett fight t; tio be installed in accordance with
,plans, and, specifications to 'be prepared by thf,,, Traf"Lic 1]ngineering Departmcnt.
2. 'The developer's, Cost, Of said street lights is estimetcd to be $ �r-,,�o (Xax').!Do
plus for engi�,,ieering costs�.) z
3. In, the event the City Is to Install or cauze to be illstalled the street lights,, tit
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 Tratfic, EngAncering Department. Within a reasonable
time after completion of the, installation of strelet ligthts, the City and developer
hereby agree 'to adjust, the developer's payment so that it is equal to the final
construction cost Plus 10 per cent, provided, 'the dIfference Is in excess of $25,.00,;
however,, the City sha.11 not make any sucli retund until all facilities required under
all sections of this agreement have been pl,eted to, the satisfaction, o ' 'the, City.
4. The City agrees, to furnish all, field, engineering and construction inslx-'�ction of the
street lights.
5# Developer agrees to furnish and/or dedicate all necessary easements, on 'property owned
by the developera required, for inrltallatlon Of said titre lights.
6. la the event the developer employs 'his own contractor to install the street 1if,,,hts,,
the conditions set out in Sectlon IV,, Paragraph H hereof shall apply. 14 this event,
the developer agrees, to pay to the city the deposit for engineering within 1 endar
days after being notified to do so inwriting by the Director of the Traffic Engi-
nearing Department, and agrees to complete the installation of street lights within
90 calendar days after having been instructed to do so in writing by the sect' r
of the Traffic Engineering, Department.
7. It 'is 'understood that the developer is expected to, install street lights accordiw� to
its schedule for d, east but, that the developer agrees to install such street
lights, or pay the City for such street lights, as the Director of the Traffic Sogi-
neering Department deemanecesaary for the proper and orderly development of the ,area.
tku"I"er t1"'liz c<:nvtract there Jis t"I' zer`��ile of 1,Ivry 'etbiich
str�eet, 11ghtJz',tj,,?,. '1151e clost �,-,,,,stimza ten, for 1; e of is ",,1,r',,2,200:ry and ia r,,zot in
9, tin 1"we sw,,b vic,,,,e of ht,�Is t"I'ot, ij,icludes, 'Ln
tah is al i t"I WL� n, -enhas as .e te a"Id lJCv � d ,c es 1;.1 ale
rievc,'pit ro,?&-
RMOMMENDED.,
T. R. Bw-
rtawineerinj; Director
GENE AT REQUIRLMENTS
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, in which event the de-
veloper 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
specifications for any or all facilities, the plans and specifications so
prepared shatl be subject to approvaL by the department having jurisdiction.
one (1) reproducible 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 the decision of the public Works Director, Traffic
Ergineer'lng Director, and/or Walter Department Director will be final,
D. 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,
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, 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) years period, may be completed by the City at the
developer s expense, and that no refunds due the developer on any facility con-
structed under this agreement shall be made until all provisions of the agree-
ment are fulfilled,
F. -Performance bonds, or a cash deposit in lieu of and in like amount of the per-
formance bonds, are required for streets, storm drainage and street lights, and
must be submit-fed 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 com-
pany, 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 t1ne Federal
Savin-v and Loan Insurance rorporation, Vie r�,'iL ly of Fort Worth cannot pay in-
c�
terest on any deposit made hereunder in the Treasury of the City of Fort Worth,
When the option is exercised to make the cash deposit in a finanC4al institu-
tion, 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 de-
posit 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 developer, Ncluding accrued interest or dividends thereon, upon
express order of the City Manager,
(3) Deposits may be made in any Fort Worth financial institution whose ac-
counts are insured by t. e Federal Deposit insurance Corporation or the
Federal Savogs & 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 10 and $25,000 or
$5,000.00 plus 153 of the estimated developer costs for amounts
between $25,001 and $50,000 or
$8, 750 plus 10% of the estimated developers cost for amounts be-
tween $50,001 .00 and $100,000.00 or
$13,750000 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
Lights as specified in Section 3 of the contract.
(d) A cash pjyment of the developer 's share of the project cost is re-
quired prior to initiation of construction for water and sanitary
sewer facilities.
Cg 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/or conveyance of any refunds due or to become due to
developer except that such assignment, transfer, led ge and/or conveyance
shall be for the full amount of the total of all such refunds due or to be-
come due hereunder,,
On all facilities included K this agreement for which the developer awards his
own construction contract, the developer agrees to follow the following pro-
cedures, none of whieb apply to street improvements except Number 7 :
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 said developer has executed this instrument in quadruplicate,
All
this the t day of 19
ATTEST: CITY OF FORT WORTH, TEXAS
B
R,o A. ateman, City Secretary H. D. McMahan, City Manager
APPROVED AS TO FOR1-1 AND LEGALITY, DEVELOPER! WESTERN HILLS DEVELOPMENT CORP.
S G. Joh
nd A. Gressett, Executive Vice President
ATTEST:
By: Eunice F. Becton, Assistant Secretary
APPENDIX "Arr
S UTMMARY
Cost Estimates for Western Hills Addition, Section 7
Performance
Developer's Cit-Y"s Total Bonds
Construction Construction Construction Deposit C D. 's or
Section Cost Cost Cost Required Escrow
Section I
Water $108,900 $ 23,600 $132,500 $108,900 * -0-
Sewer 97,300 21,200 118,500 97,300 * _D-
Section II
Storm Drains 99,258 7,700 106,958 99 ,258 , $99,258
Street Paving
Interior Streets 345,900 58,100 404,000 28,950 28,950
Assessments -0- -0- -0- -0- (Bonds
(Border Streets) unacceptable)
Section III
Street Lights 20,020 2,200 22,220 20,020 20,020
TOTALS $671,378 $112,800 $784,178 $354,428 $148,228
After receipt of bids and prior to contract award
No cash requirement when developer awards contract, required wrien City
awards contract
Prior to construction
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