HomeMy WebLinkAboutContract 7302 WATER AND/OR SANITARY SEWER FACILITIES
A. The City agrees to install by contract or otherwise, in accordance with its
accepted practices, ordinances, regulations, and the provisions of the City
Charter, or to allow the Developer to award a contract, subject to the re-
quirements of the City's Policies and Regulations for installations of C n
mun
ity Facilities, fort
WATER FACILITIES to serve the lots as shown on the attached Exhibit B ,
and SANITARY SEWER PACsLITI ES to serve the lots as shown on the attached
Exhibit None It all in accordance with plans and specifications t 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 ll other
water mains i n this addition are installed, service line for each lot as
shown on the attached Exhibit R,!` The estimated cost of these service
lines is d of inc,'uid € City agrees to record the location of each said
service line in respect to the scorner of the lot served, and to retain s id
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 t housnd Dollars 5.000
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 i3 The ti t d cost of
these service lines is $Not include_' The City agrees to record the loca-
tion 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 sti t d to be
in Doli a r
F. Prior to the award of the co=nstruction contract by the City, or the c ncing
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:
l Eighty 0 per cent of the cost of the water facilities
sized to serve the development herein concerned, and
eighty (8011 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
reflected in an estimate prepared by the Engineering
Division of the Water Department or in the proposal of
the low bidder.
An additional ten 0 0) per cent of the total of the
Developer's cost of these water and sanitary sewer
facilities, exclusive of cost of service lines, for
design engineering, if such engineering is performed
by the City, This charge i l l be i v d if pri v t
engineers employed by the Developer and approved by
the Water Department p rf orr the design engineering.
Mc ARTHY ADDITION 1
60200
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upoer tiv provink 9 . & t1w "MWH AWIN OPTION" �- 1 khed KV Suh—n!
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Should the Developer elect to let_ his own contract for water and/or
sanitary sewer facility construction, PART C - GENERAL CONDITIONS of
the Fort Worth Water Department General Contract Documents and General
Specifications shall be a part of the contract between the Developer
and the Contractor. Paragraph C-7.9 FAILURE TO COMPLETE ON TIME of
said PART C requires payment by the Contractor of liquidated damages
for each calendar day that any work retrains uncompleted after the time
specified in the contract documents for completion of the contract.
This paragraph further provides that any liquidated damages so deter-
mined to be due will be deducted from monies due the Contractor, and
that liquidated damages so collected from the Contractor are payable
to the Owner, the City of Fort Worth. Therefore, in accordance with
these requirements, any liquidated damages determined to be due by the
Director of the Water Departmerit shall be deducted from monies due the
Contractor for work completed on the project and either paid to the
City of Fart Worth by the Developer coincidental with final payment
to the Contractor for the completed project, or credited against the
City's share of the completed project cast , as appropriate.
When water facilities are installed by contract, whether developer-awarded
or otherwise, installation of water services will be included as part of the
contract. Installation of meter boxes on those services will be done by:
1 . The contractor installing the water services, after completion
of construction of all relative curb and nutter work on the
eater facilities project site, and at no cost to the City; or
2. The City, after completion of construction of all relative curb
and gutter work on the water facilities project site, at a oast
of S20 per contract-installed service, sUch meter box installa-
tion charge to be due and payable prior to issuance of a Work
Order on the water facilities installation contract, where
alternative 2 is to be exercised.
I , 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 an adj
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 agree-
ment 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.
RECOMMENDED:
r�r,�, a t e 7rD Department
�ar tm�en t
J. L. 'Rob�insbbn', "i recto
Date:
McCARTHY ADDITION
1-4
STORM DRAINAGE AND STREEF !MPROVEMENTS
A. STORM DRAINAGE !MPROVEMENTS:
1) No Storm Drainage facilities are required under this contract.
2) The developer agrees to execute a maintenance agreement for the existing
drainage ditch as shown on Exhibit "A".
Lot 1-R and Lots A thru H
Block 1
McCarthy Addition H-1
Bo STREET !MPROVEMENTS:
1, Developer agrees that no construction will begin on the sub r de
treatment, pavement, sidewalk, or C`t;a'b and gutter within the
limits of any street included herein, an as shown on xhib .t te0
prier to t. e installation of all underground utilities, including
serums lines. ifs e oper further agrees that no work will begin
on any street included herein prior to the paving contractor's
execution and delivery of a one 1, year Maintenance Band to the
City y of Fort Worth, as per form furnished by the City, for the
repairing nd! r reconstruction in whole or in part of said streets.
The surety will be a surety company duly authorized to rice business
in the State of Texas and acceptable to the City Council.
a The streets to be improved hereunder are shown on Exhibit ,felt
attached hereto,
Developer hereby agrees and binds itself try:
h Excavate at its own expense Al streets, including parkways
and roadways, to line and grade to be set by the City Engineer.
K Construct at its ors expense, cub returns t aIL street inter-
sections within or adjacent to the area covered by this contract .
C Be responsible for construction of standard concrete driveways
to the back of walk lire for all lots included in this platting,
& Be responsible i E grading the parkway between the curb dines
area the property lines to the proper elevations, Construct at
its own expense sidewalks, as shown on Exhibit _"
� to the
:one set by the City Engineer.
e. Construct at AS own expense the following:
i Curb, getter and approved paving or Spanish Oak Court from
the south curb line of KHOO Drive South to the south_ ens
of coact, a 30' roadway of residential grade pavement (Length
300 foot) .
it-2
Lot L--R and Lots It thru 11
Block i r
�i
McCarthy Addition
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.
BE C 01111E'INDE D.,
qtk�,X I% GRAM, P.E., PUBLIC WORKS DIRECTOR
V
Based on policy effective as of October 12,
1972.
11-4
Lot 1-R and Lots A thru H
Block 1,
McCarthy Addition
STREET I
City agrees to install or to cause to installed, or the developer agrees to cause
to be installed,, street lights at the approximate locations shown can the attached
Plat marked Exhibit "C", said street lights to e installed in accordance with plans
and specifications t agreed to the Traffic Engineering Department.
M developer's cost f said str Ol lights is vstima,t�d to
°i the event the City is to install or causE to be insta1led the street lights shown
on the tt , d plat marked Exhibit "C", the developer hereby agrees 'to pay to the
City am. amount eq7aal to the estimated cost as stated in Paragraph 2 above within ''I
calendar days after being notified to do so in writing by the Director of the affilc
Dagineering 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 $21-11.00; however, the City shill not make any such refund until all facilities
required under all sections f this agreement have been dated to the t sf eti p
of the City.
4. The City agrees to furnish all field engineering and construction inspection of the
street light installation.
5� •'1111he developer agrees to furnish and/or dedicate all necessary easements, on. property
coned by the developer, reTaired for the installation f said xtreet lights.
. 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 evert,
the developer agrees to plet the installation of the street lights within
calendar after having been instructed to do so in writing the ?ir t r of
the Ttaffic Fmgineering Department.
It is o d rst€ that the d v l r i t d t in t ll the street lights � rdi��
to his h d-ale 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 Engi-
neering Department deems necessary for the proper and orderly development ;f tie area.
RECOM
„to A .
pi art,. Add Lion
F a t r' Tvxas
T. R. Buckman
Gi-N-r-RAL REQUIRETENTS
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) reprodLi-
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.
I V
G This conLract , any r, hL-rt.,f ,
-)r any interest iIe-ein ;;;ail not be assigned by
developer without ,,;ritLen consent of the City bIanager, and it I's further agreed
tin at such written consenL to it t,7u be granted for the assignment , transfer,
pledge and/or conveyance uf anv relunds due or to berome due to developer except
that such assignment , Lran_sf� r, pledge and for conveyance shall be for the full
anounL of the total of all such refunds due or to becomme due hereunderg
11. On all facilities included in this agreement for which the developer awards his
own construction contract , thic, developer agrees to follow the following procedure::
(1) If the City Partlicipates 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 blls as
required by State statutes prescribing regulations for contracts for public
work. The sealed bids 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 r-, Cv pay-ment, performance and
maintenance bonds in the name of the Clity 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
coMunence 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 'Co 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, rtared 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 -- ,-ALary sewers, storm drainage
and pavement, shall be separated in the bitdiag and City participation, if
any, shall be limired to the I
J.,west possible combination of bids as if eaen
of the abol,,. were awarded as separate contracts,
IV - 3
Z Anything to the contrary herein notwithstanding, for and in consideration of
the premises and the covenants herein made bti the City, the Developer covenants
and agrees as follows:
1 The Developer shall make separate elections with regard to ulster and/or
sanitary sewer facilities, storm, drainage and street improvements and
street lights as to whether the vork prescribed herein shall be per-
formed by the City, its Contractor, or by the Developer's Contractor
`ach such separate election shall be made in writing and delivered to
City no 'eater tlhan six 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) Irresnecti. e of angy such election and whether the work is to be per-
foraled bv the City, its Contractor or by the Developer's Contractor,
the Developer covenants and agrees to deliver to the City a perform-
ance bend or a cash deposit in lieu thereof in accordance with the pro-
visions of Paragraph TV F of this agreement.
(3) In addition to the bond or deposit required in the preceding paragraph,
in the event Developer elects that the -ork 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 .casts. The amount of such estimated payment shall
be computed as set out in Sections 1, II and III hereof, based upon the
lowest responsible bids for such work as determined by City, or upon a
cost eatiate 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 e ployees from all claims, suits or causes of action
of any nature whatsoever, whether real or asserted, brought for or on
account of any i iu i s or damages to persons or property, includinp
death, resulting from, or in any way connected with, this sgreertnt, or
the construction of the improvements or facilities described herein and
in addition the Developtr covenants to indemnify. hold harmless and de-
fend the City, its officers, agents and employees from and a aist all
clai-Ms, Suits, or causes of action of any nature hattsoever brought for,
or on account of any iniuries or damages to persons or property, includ-
ing death, resultirg frog: 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 employ .
J. The attached hibit* � an; ar de
�n P
p rt hereof for all Intents d purposes.
I - t
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 -z - 1
ATTEST: CITY OF FOIST WORTH, TEXAS
By:_
Ro A. ateian, City Secretary R. N. Line, City Manager
APPROVED AS TO FORM AND LEGALITY: DEVELOPER: h "
> z
S. G. Johndroe, Jr. , City Attorney - _r
.
IV
APPENDIX "A''
SUKLAR:Yl
Cost Estimates for McCarthy Addition, Lots 1-R and Lot A-H B1 c C
Ck I
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 $ 4,400 $ 1,100 $ 5,500 -0-
Sewer (existing) -0-
Section H
Storm Drains (Maintenance agreement on existing drainage ditch will be
provided)
interior Streets $ 8,015 -0- $ 8,015 $ 1600
Border Streets
Section H!
Street Lights 500 -0- 500 Cz 500
TOTALS $12,915 $ 1,100 $14,015 $ 2,100
Non refundable deposit for assessments as outlined in Section IF
(Performance Bonds and Letters of Credit are unacceptable)
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McCARTHYADDITION