HomeMy WebLinkAboutContract 8110 CITY SECRETARY
COMMUNITY FACILITIES AGREEMENT CONTRACT No-
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, Texaco, Inc. of Tarrant County, Texas hereinafter
called "Developer", desires to make certain improvements to a portion of Lot 1,
Block 1, Texaco Industrial 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, Texaco, Inc. , acting herein by and
through M. E. Merrill, its duly authorized Assistant Regional Manager of
Operations, 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 performed, do hereby covenant and
agree as follows, to wit:
orrIC,14 RECORD
1111 111111AIY
FT. WORTH, TEX.
WATER AND/OR SANITARY SEWER FACILITIES
No water or �,.)niLary sewer .facility extensions are needed to serve this
l�ro��osc d dove 1 opmo.n t, <ind a 1 1 required services w i 1 1 be provided through
established routines as specified in applicable ordinances and regulations.
RECOMMENDED:
. Robinson, irector, Water Dept .
j7VZ7L
Date
I
II.
STORM DRAINAGE AND STREET IMPROVEMENTS
A. STORM DRAINAGE DIPROVEMENTS:
No storm drainage improvements are proposed under this contract. It is
understood, however, that storm drainage improvements nay be required when
the proper engineering design is established. If required, the storm
drainage cost under assessment policy is City cost.
Estimated Developer Cost $ -0-
T;-TACO INDUSTRIAL PARK
LOT 1., BLOCK 1 IT-1
B. STREET IMPROVEMENTS:
1. The Developer hereby agrees that the following street, as shown on
Exhibit "A", will be improved on the assessment basis:
Premier Street from its intersection with North Sylvania Avenue eastward
for approximately 850 feet, a 40 foot wide roadway of industrial grade
(concrete) pavement, ending 20 feet east of a 35 foot commercial drive
with the drive's gate recessed 20 feet from the curb line.
In the case of any of the property adjacent to the above street
being sold by the Developer, he shall notify the purchaser or
purchasers prior to such sale by means of a letter that an assess-
ment will be brought against the property at some future date.
2. The Developer hereby agrees to pay his portion of the cost of paving
the remainder of Premier Street, from the end of the pavement proposed
under this contract, eastward to its intersection with the future
extension of Riverside. Drive in accordance with the standard assessment
paving policy then in effect) at such time as the City determines the
extension of Riverside Drive is necessary. The Developer further agrees
to pay his portion of the assessments for paving Riverside Drive (in
accordance with the standard assessment paving policy then in effect) .
3. The estimate of costs for the assessment paving of the west 850 feet
of Premier Street is as follows:
Estimated Total Construction Cost
(West 850 feet of Premier Street only) $ 60,750.00
Estimated City Participation $ 13,075.00
Estimated Property Owner Assessment
(Non-Developer) $ 15,475.00
Estimated Developer's Assessment $ 32,200.00
It is understood that the actual design and costs may vary as. the
proper engineering design is established and the actual bids are
taken.
44. The Developer agrees to submit plans and specifications prepared
by an approved consulting engineer for the improvements required
under this agreement.
5. The Developer hereby agrees to provide the City all necessary right-
of-way, construction easements and/or slope easement's required to
construct and maintain the street improvements described herein, as
determined by the Public Works Director.
TEXACO INDUSTRIAL PARK
LOT 1, BLOCK 1 II-2
6. The Engineer shall provide the City one set of reproducible approved
plans, platted x-sections, and specifications; and thirty-five (35)
copies of the plans and twenty-six (26) sets of the specifications
and contract documents.
7. The City agrees to reimburse the Developer for engineering services i
based on eight percent (8%) of the construction contract award price.
The reimbursement will be made at such time as the construction
contract is awarded for the required improvements. If bids are not
received within six (6) months of the plan approval by the Public
Works Director, then the reimbursement will be based upon the estimated
cost as approved by the Public Works Director.
8. Approval by the Public Works Director shall not constitute or be deemed
to be a release of the responsibility and liability of the Developer,
his engineer, employees, and agents for the accuracy and competency of
their designs and specifications. Such approval shall not be deemed to
be an assumption of .such responsibility and liability by the City for
any defect in the designs and specifications prepared by the consulting
engineer, his agents and employees, it being the intent of the parties
that approval by the Public Works Director signifies the City's approval
of only the general design concept of the improvements to be constructed.
In this connection the Developer shall for a period of five (5) years
after the acceptance by the City of the completed constructed project
indemnify and hold the City and all of 'its officers, agents, servants i
and employees harmless from any loss, damage, liability or expense, on
account of damage to property and injuries, including death to all
persons which may arise out of any defect, deficiency or negligence of
the engineer's designs and specifications incorporated into any improve-
ments constructed in accordance therewith, and the Developer shall de-
fend at his own expense any suits or other proceedings brought against
the City and its officers, agents, servants and employees, or any
of them on account thereof, to pay all expenses and satisfy all judgments
which may be incurred by or rendered against them or any of them in i
connection therewith.
I
i
TEXACO INDUSTRIAL PARK
LOT 1, BLOCK 1 II-3
9. The City's estimated cost for "Street Improvements" is
$22,825.00, being composed of the following items and amounts :
a. City Participation in Construction Costs
(as shown in Item 3 above) $ 13,075.00
b. City Design Engineering Cost
(8% of the Total Construction Cost) $ 4,875.00
C. City Construction Engineering and
Administration' Costs (8% of the Total
Construction Cost) $ 4,875.00
Recommended:
(
i Jack M. Graham, P.E.
Public Works Director
i
Based on Policy Effective
October, 1974
I
i
TEXACO INDUSTRIAL PARK
LOT 1, BLOCK 1 II-4
i
STREET LIGHTS
1, City agrees to install or to cause to be installed, or the developer agrees to cause
to be installed, street lights at the approximate locations shown on the attached
plat marked Exhibit "C", said street lights to be installed in accordance with plans
and specifications to be agreed to by the Traffic Engineering Department.
2, The developer*s cost of said street lights is estimated to be $ 450.00
1, In the event the City is to install or cause to be installed the street lights shown
on the attached plat marked Exhibit "C", the 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 Traffic
Engineering 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 $25.00; however, the City shall not make any such refund until all facilities
required under all sections of this agreement have been completed to the satisfaction
of the City.
4•, The City agrees to furnish all field engineering and construction inspection of the
street light installation.
5, The developer agrees to furnish and/or dedicate all necessary easements, on property
owned by the developer, required for the installation of said street lights.
6, 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 event,
the developer agrees to complete the installation of the street lights within 90
calendar days after having been instructed to do so in writing by the Director of
the Traffic Engineering Department.
7. it is understood that the developer is expected to install the street lights accord-
ing to his schedule 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
Engineering Department deems necessary for the proper and orderly development of the
area.
8. The City will pay one-half of the border street light in the amoumt of $150-00. This
sum is not included in the total above.
REMMENDED:
Lot 1, Block I
Texaco Industrial Park Addn.
Fort Worth, Texas
Gary L/Santerre
Traff! Engineering Director
GENERAL REQUIREMENTS
A. - It is agreed and understood, by the parties .he'reto 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 specifl-
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.Mrector, 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 refur_ds 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 Woith 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 street's for amounts
between $0 and $25,000 or
$5,000 plus 15 per cent of the estimated developer costa for
amounts between $25,001 and $50,000 or
$8,750 plus 10 per cent of the estimated developer costa 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 proje"C't cost is required
prior to initiation of construction for any facilities for which the
City shall award the contract.
IV - 2
'
'
G. This coutracc , any part h,c,of, or any interest herein shall not be assigned by
developer without written consent of the City Kuuagec, and it is further agreed
that such written consent will not be granted for the assignment , transfer,
pledge arid/or conveyance of any refunds due or to become due to developer except
that such assignment , crzoafcc, pledge and/or conveyance shall be for the full
amount of the total of all such refunds due or to become due hereunder.
U. On all facilities included in this agreement for which the developer awards his
own construction contract , the developer agrees to follow tbe following procedures:
(l) 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 biJs as
required by State ecmcutea prescribing regulations for contracts for public
work. The sealed bids must be opened in the presence of o representative if
the City.
(2) To employ a construction contractor who is approved by the Director of the
department baniuQ 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 to 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 lOD per cent of the contract
price of the facility , said 600Je 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 ioceoc to
commence construction of the facility so that inspection personnel will be
available; and to require t6e' cootraccor 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, aoo
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 uew`'chand water mains
constructed under this contract until said sewer -nd water mains and aer`'!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 p-.nitary sewers, storm drainage
and pavement, shall be separated in the biudiuB and City participation, if
any, shall be limited to the lowest possible combination of 6i6e as if each
of the abon� were awarded as separate contracts.
I. Anything to the contrary herein notwithstanding, for and in consideration of
the premises.ancl..the.. .co.venants-..berein-,mad.e-hy. .the- City,- the Revelp.-Per- 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. Developers Contractor,
Each.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
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 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 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 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 connected with, this agreement,
or the construction of the improvements or facilities described herein;
and in addition the Developer covenants to indemnify, hold harmless and
defend the City, its officers, agents and 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 and C 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 i day of
197
ATTEST: CITY OF FORT WO H, TEXAS
By:
Roy A. terra�i'-City_Secretary R. N. Line, City Manager
)
APPROVED AS TO FORM AND LEGALITY: DEVELOPER: Texaco Inc.
S. G. Johndroe, Jr. , City Attorney By: M. L. Merrill
Asst. Regional Manager of Operations
1APFROVED BY CITY COUNCIL
OFFICIAL RECORD
CITY SECRETARY Ulty 9ecr6f'ar7
ZZ.X
FT. WORTH, TEX. -7-51Z
IV - 5
APPENDIX "A"
SUMMARY
Cost Estimates for Lot 1, Block 1, Texaco Industrial Park
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
Sewer
Section II
Storm Drains
Interior Streets
Border Streets 32, 200 13,075 60,750** -0.*
Section III
Street Lights 450 150 600 450
TOTALS 32,650 13,225 61,350 450
Nort refundable deposit for assessments as outlined in Section II
(Performance Bonds and Letters 'of Credit are unacceptable)
Assessments against property adjacent to street improvements but not owned by
this developer totals $15,475.
SYLVANIA AVENUE _-
,yYy NORTH ,202 56'
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SCALE: I°=200 i?it} i
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LEGEND ' ®�.
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BORDER STREET TO BE O 1
ASSESSAflENT PAVED UNDER Y'
THIS CONTRACT :W. `� '...
);;;.—�^,.r•^-, , BORDER STREETS TO BE
ASSESSMENT PAVED ALONG
WITH THE EXTENTION :•':' H
OF RIVERSIDE DRIVE LIJ w
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Proposed Riverside Or"Ove
Sxtention
LOT I BLOCK I TEXACO INDUSTRIAL PARK
SYLVANIA AVENUE"
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ASSESSMENT PAVED UNDER �:�I: —j ! s
THIS CONTRACT ;,'ar. ,q
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BORDER STREETS TO BE �, ;•
ASSESSMENT PAVED ALONG f .
WITH THE EXTENTION Sf (n H
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I nT I RI n r K 1 TEXACO INDUSTRIAL PARK
SYL VA NIA_ AVENUE
i NORTH ,202.56 r�
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GRACE AVE
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SCALE: 1°=20 0'
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STREET "LIGHTS w
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LEGEND f .
O175 WATT MERCURY VAPOR.LUMINAIRE (�
ON WOOD POLE. 100% 13Y DEVELOPER. ..........U..�:.......
® 173 WATT MERCURY-VAPOR LUMINAIRE a•„_� K 1Ll
ON WOOD POLE. 60%•DEVELOPER,50%CITY. F•
i...............
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$00123'E��41.9 .
TRACT 3-r1 i
LOT I BLOCK I s TEXACO INDUSTRIAL PARK
City of Fort Worth, Texas
/ O
Mayor and Council Communication
DATE REFERENCE SUBJECT: Contract for the Installation of PAGE
NUMBER Community F'�acllIS:-_ L,�o 1, R1 pgk 1 _
1/6/75 C-2998 1 of 2
Te °
Texaco, Inc. , acting ;by and through M. L. Merrill its duly authorized
representative, the developer of Lot 1 'Block 1 Texaco Industrial Park
Addition; has executdd a proposed contract for the installation o com-
munit�ilities to Serve the area shown on the attached maps.
The estimated cost of the community facilities is as follows:
Developer City Total
Stra eet Improvements
Construction Cost $32,200 $13,075 $60,750
Construction Engi-
engineering and
Administration -0- 4,875 4,875
Design Engineering -0- 4,875 4,875
Street 450 150 450
Total $32,650 $22,975 $70,950
Water and sanitary sewer facilities are existing. Street paving with curb
and gutter, and street lighting; will be installed in accordance with
_ standard policies_ for the installation of community facilities. The con-
tract includes City participation in, the cost of streets and street
lighting facilities. In order to provide for the City's share of the cost
of the street improvements, a bond fund transfer is proposed from the
appropriate unspecified account to the project account.
Assessment Paving
This community facilities contract covers the a. K!essmnfi, v�n+?�o�Prem„e
treet which is a border street adjacent to Lot 1, Block 1, Texaco Indus-
trial Park. It is proposed that 850 feet_ of Premier Street be paved in
the immediate future to serve the Texaco facilities and that the remainder
of the street 'be assessment paved at such time as Riverside Drive is con-
structed from 28th Street north. Approximately 500 feet on the south
side of Premier Street is owned by Tarrant County.
Recommendations
i
It is recommended:
1) That the following bond furid-!3=twansfer be approved:
DATE REFERENCE SUBJECT: Contract for the Installation Of PAGE
NUMBER
Community Facilities, Lot 1, Block 1, of �2-
1/6/75 C-2998 Texaco I d Park
From To Amount purpose
Future Sales Streets in Lot 1, $22,825 City's share of
Unspecified Block 1, Texaco street construction,
104-24000-901 Industrial Park Add. engineering and
104-36000-366 administration
2) That the City Manager be authorized to execute the Community Facilities
contract with Texaco, Inc.
RNL:ey
Attachments
SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY
PP" ❑ OTHER (DESCRIBE)
cell TARY
DATE
CITY MANAGER Xy