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Contract 17574
r Rr. MIN m c , I it CUOMIT SUM OF TMS 9 CITY SECRE CONTRACT N aX I 'MY OFTA �r I MMIM, The Corporation of the Presiding Bishop of the Church of esus List of Latter-Tay Saints, a Utah Corporation Sole, hereinafter c&1 led " lope'", desires to make certain inpravements to Tei I l t .i.tion, Block 19, Lots 1:35 and 186-A, an addition to the City of Fort i worth, Tee; and 141M AS, the said Dr-Weloper has requested the City of Fort Worth, a municipal corporation of Tarrant County, Teems, hereinafter called "City", to do cartain work in connection with said ixq)rav nts; NI"�FA, TH a I Ri+, KNOW ALL 8'S.:"•dV BY .E.iMSJE. PRES EV : neat said Developer, acting herein by and through Yx. Fred Balker, its duly authorized Authorized Agent, and the City, acting herein by and t1arough David A. Ivory, its duly authorized. Senior Assistant City Mnager, for and in consideration of the covenants and agreements herein performed and to be performed, do hereby covenant and agree as fellows, to-wit: MR STORM DRAIN IMPRQVEMEMT5 A. GENERAL PROVISIONS: 1. The Developer acknowledges that he has complied with Article 104.100 of Ordinance 7234 and hereby relieves the City of any responsibilities for any inadequacies in !.-Pliminary plans and cost estimates supplied for the purpose of this con-tract and further agrees that he will comply with the Subdivision Ordinance, City Plan Co , ission Rules and Regulations, and Policy for Installation of Community Facilities and all applicable policies, rules, regulations and ordinances of the City regarding development. 2. The Developer agrees to install or cause to have installed, the street and storm drainage facilities improvements shown on the attached Exhibit "A-1% respectively, in accordance with plans and specifications prepared by the City or prepared by the Developer' s engineer and approved by the City Engineer. 3. The Developer agrees to install , adjust or cause to be installed or adjusted, all of the required utilities to serve the development. On Border Streets, the Developer will be responsible only 'or the costs of relocating Vie utilities, with the City coordinating the utility construction. Prior to construction, the Developer will provide the City a list of all utilities that will require relocating, along with assurance that no conflicting street 'construction will take place until the utility relocation has been completed. The Developer further agrees that before commencing construction the City will be provided Performance and Payment bonds equal to 100% of the construction costs and a one year Maintenance Bond, for the constructed streets. The Developer also agrees that no street construction shall begin prior to the City Council 's approval of this Community Facilities Agreement, in accordance with Section 104.100 of City Ordinance No. 7234. 4. Except where specifically stated otherwise in this contract, the Developer hereby agrees and binds itself to provide all necessary right-of-way and/or easements required to construct the storm drainage improvements including any drainage outfall, in lengths, widths, and locations as approved by the City Engineer. 5. Unless the City is to prepare plans and specifications for a separate project of estimated value less than $10,000 as requested by the Developer, the Developer agrees to submit plans and specifications prepared by an approved Prof-ssional Engineer, registered in the State of Texas, profitient in Civil Engineering, for the improvements required under this agreement. Such plans shall be in compliance with the policies, ordinances, and rules of the City of Fort' Worth, and rre subject to approval by the City Engineer. After said plans are approved as witnessed by the signatures of the City Engineer and of the Deputy Director of the Water DeparlLment, the Engineer shall provide the City one (1) set of reproducible approved plans, plotted x-sections, and specifications; and nineteen (19) copies of the pli-is CONTRACT FOR: TEJAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136-A Mumma and eight (8) sets of the specification-, and contract documents (four (4) unexecuted, 2 executed and 2 conformed sets). Additional sets of plans and may be required for other departments /or specifications and/or agencies depending on the project, 6. The Developer agrees to complete the improvements covered by this agreement within 90 calendar days after having been instructed to do so, in writing, by the Director of Transportation and Public Works. It is understood that the Developer will initiate the construction of all improvements to conform with his own schedule, except for those improvements which the Transportation and 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 improvements in question, and agrees to pay to, the City prior to the award of the contract, the amount of the low bid. 7. The Developer agrees that all improvements to be constructed hereunder will be subject to inspection and approval by the City Engineer, and require any contractor who will be involved in any earthwork within any future public right-of-way, to notify the Transportation and Public Works Department, Construction Section, before any work takes place and to require all earthwork to be done in accordance with the ' City of Fort Worth Standard Specifications to the satisfaction and approval of the City Engineer or his representative. The developer also agrees that no storm drain construction shall begin prior to the City Council ' s approval of this Community Facilities Agreement in accordance with Section 104.100 of City Ordinance No. 7234. 8. The Developer agrees to furnish to the City simultaneous with Developer's execution of this agreement, a "Performance Bond" or cash deposit in accordance with "General Requirements, " Section I-1, 4 Paragraph F (3) of this agreement. This bond or deposi t will be conditioned upon the satisfactory compliance by the Develop er with all requirements concerning improvements as set forth in this agreement, including, but not limited to, making payments to any persons, firm, corporation or other entity with whom the Developer has a direct contractual relationship for the performance of City work hereunder. 9. In the event the Developer awards his own contract and does not desire City participation, the Developer shall pay the entire cost of the storm drainage facilities. The condition set out in "General Requirements," Section 14 Paragraph F of this agreement shall apply. 10. In the event the Developer desires City participation and follows the procedure as set forth in Section IV and VI of the Policy n=or The Installation of Community Facilities, the City's participation in the costs shall be as shown in Section I-B, (Storm Drainage Improvements) and I-C (Assessment Paving) of this agreement. In no event shall the City be liable to the Developer for any payments in excess of the City' s estimated participation unless and until there is separate and formal approval by the City Council to pay such excess amount. 11. Upon completion of these facilities, it is agreed and understood that the Developer' s estimated participation in the costs an may be indicated in this contract, shall be adjusted to equal the final costs, except that the City shall not be obligated to make any refunds CONTRACT FOR: T EJAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136-A 1-2 4 il all facilities required w4�v, ZAi seutiw\s .dt' T-Mr, agreement awe ieen comgletecs to t`�e satisfdelio� of ttie fit eta c-�N_fim\t cif less tthan VS.03 wit i ()e made. In t(le even-, 'che differ e"C-e do #te rtepcts 7 t and actual cost exceeds $25.00, the 0eveloper agrees to pay to the City any underpayment and the City agrees to refund any overpayment to the Developer. .q 12. The City will provide construction engineering, except for the setting of line and grade stakes for streets and storm drains (see definition of Construction Engineering) , without charge on all projects regardless of size. The setting of line and grade stakes for streets and storm drains small be the responsibility of the developer except that the City reserves the right to pre-qualify persons and/or firms that are hired to provide this surveying and to check the accuracy of the surveying and the conformance of the stakes to the approved plans. j Following the setting of line and grade by a private surveyor hired by � the developer, the contractor shall give 2.4-hour notice to the Construction Engineer so that inspection personnel will be available. No work shall begin until the assigned inspector is present and gives his consent to proceed. 13. Approval by the City Engineer 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 dE igns 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 City Engineer signifies the City's approval on only the general design concept of the improvements to be constructeb. In this connection the Developer shall for a period of five (5) years after the acceptance by the City of the completed construction project indemnify and hold the City and all of its officers, agents, servants 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 improvements constructed 'in accordance therewith, and the Developer shall defend at his oven 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 connection therewith. B. STORI-DRAINAGE IMPROVEMENTS: 1, Based upon preliminary engineering design, the storm drainage facilities listed below are required. It is understood that actual sizes, quantities, and costs may vary after detailed engineering is accomplished, and bids are taken. DescriDtion of fork to be Dune: The Developer agrees to install or have installed, the storm drain system for this project as shown on Exhibit "A-1", attached hereto, -in CONTRAI,T FOR: TEJAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136-A I-3 F q b compliance with al arplicable City of Fort North Rules and y Regulations and Construction Standards. Furthermore, the Devel^per also agrees: a. to construct all storm drainage facilities and appurtenances to the line and grade established in the final plans. b. to provide sufficient drainage easements for all storm drainage facilities outside a public right-ot-way. Drainage easements shall be provided along the entire length of the system to include an outfall condition which ;s acceptable to the City Engineer. A detention pond may be provided in lieu of an adequate outfall with approval by the City Engineer. Drainage easements along a required outfall channel or ditch shall be provided until the flowline "day lights" on natural grade. The minimum grade allowed on an outfall channel or ditch will be 0.2 foot per 100 feet. Drainage easements will generally extend at least twenty-five (25) feet past an outfall headwall to provide an area for maintenance operations. C. to provide a drainage system which is fully functional and readily maintainable. d. to provide for .s4orm flow resulting from a one hundred (100) year frequency storm in accordance with City drainage design criteria. Such flow once contained in a public drainage easement and/or right-of-way shall continue to be retained with public easements or rights-of-way, unless approved by the City Engineer under a strictly controlled set of criteria. Over-flow swales intended to convey "public" storm flow shall be contained in a drainage ease.me.nt, in.cl.ud.e.d i.n the design . plan, and constructed in conjunction with the storm drainage improvements. e. that the storm drain system will be designed to ultimate land use. If staye construction is used, temporary offsite measures _can be .utilized as development proceeds but must be approved by the City Engineer. These temporary offsite measures must be brought into conformance with ultimate design standards as development proceeds. 3. Cost Distribution a. The City shall not pay any amount in the cost of storm drainage facilities consisting of pipe 60-inches or less in diameter, including the cost of any trench and/or channel excavation, manholes, inlets, lead 'lines, headwalls and/or any other items to complete the system. b. Where pipe larger than 60 inches is used, the City shall pay twenty-five percent (25%) of the difference in construction cost between a sixty inch pipe and any larger pipe size. There will be no City participation in the cost of any 'trench and/or channel excavation, manholes, inlets, lead lines, headwalls, and/or any other items to -compl-ete the -system. C. Where a lined channel is constructed, 'the City's participation shall beti as follows: 1. Twenty-five percent (25%) of the cost of concrete lining in place provided the bottom of the channel is lined with concrete or consists of natural solid rock. CONTRACT FOR: TEJAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136-A I-4 slim r � f f r { r ' T r 1 2. Twenty-five percent (25%) of the cost of gabion lining provided that the channel bottom is lined either with concrete or gabion; and/or the bottom of the channel consists of natural solid rock. 3. There shill be no City participation in the cost of any trench excavation, right-of-way, inlets, manholes, guard rail , Trip-rap, seeding , sodding and/or any other appurtenances necessary to complete the drainage facilities. da Where a bridge or, culvert is constructed, the City' s, participation shall be as follows: 1> For systems smaller than or equal to a pipe size of sixty (60) inches in diameter, area-wise, -there shall be no City participation. , 2. inhere the system is larger than a pipe of sixty (60") inches s in diameter or is of some other shape with a cross sectional area of afore than 19.6 square feet, the City shall base its share of the cost on the Mater shed area to be drained and will calculate its share according to the table below for any bridge and/or culvert for a street crossing up to a roadway width of: ° Forty (40) feet. adjacent to single family or duplex residential zoning and use. ° Fifty-two y- (52) feet adjacent to any other zoning and/or uses Watershed Area City's Part ici a i n (Acres) (% of Cost) up to - 1,000 25 1,001 - 1,500 30 n 1,501 - 2,000 35 2,001 - 2,500 40 :l 2,501 - 3,000 45 3,001 3,600 50 3,601 - 4,200 55 4,201 — 4,800 60 4,801 — 5,400 65 5,401 — 6,100 70 6,101 - 6,800 75 6,801 - 7,500 80 7,501 - 8,300 85 8,301 - 9,100 90 9,101 - 10,000 95 Over 10,000 100 3. Except as provided in Item 7a, Page I-6, the City shall al ;o pay one hundred percent (100%) of the cost of constructing the extra width of a bridge or culvert necessary for road-ay.s in excess of: CONTRACT FOR: TEJAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136-A I--5 � � �. �a :mntPar Nfisb f MME �+x�;,< ' .I�s12N��fl9r' lk�, ON r 1� 6 • Forty (40) feet adjacent to single family and/or duplex residential zoning and uses • Fifty-two (52) feet adjacent to any other zoning and use. 4. There shall be no City participation in the cost of parkway improvements, including pedestrian ways, guardrails, etc. 5. Developers shall submit cost estimates for both a bridge and culvert and City cost participation shall be limited to the lowest City cost estimate based on the standard cost distribution listed above. The City Council reserves the right tc evaluate the overall economic benefits to the City in all cases where its participation in a bridge or culvert exceeds forty percent d (40%). The Director of Transportation and Public Works shall submit an economic evaluation and recommendation to �k the Council in such cases, 6> If the City requires a roadway width greater than those j described above, one hundreds percent ( I(jo%) of the additional cost of the drainage facility necessary for that excess width will be paid by the City of Fort Worth. 7. If the developer desires a roadway wider than determined necessary by the Director of Transportation and Public Works, then there shall be no City participation for the additional cost of the drainage facility necessary for the excess width. 84 Bids and estimates for tt,e construction of bridges and culvert's shays be prepared on a unit cost basis for the length of the basic structure (width of the street) with all appurtenances such as guard rail , wingwalls, etc., being separate bid items, so that the cost distribution due to oversize structures can be readily determined. eo The City will consider the level of service being required and City participation in extra cost of storm drainage facilities where the level of service is increased due to collector or thoroughfare street i requirements. fo Storm flow shall not .be diverted from its natural drainage course to a border street unless approved by the City Engineer. Where storm flow is diverted, in the opinion of City Engineer there shall be no City participation for the additional cost of constructing and/or oversizing any drainage facility or appurtenance required to handle such diverted storm flow and the City`s participation shah stay the same as if the diversion did not occur> g, The City shad pay engineering hosts 'in the amount of six percent (6%) of the actual cost of the City's share of construction as defined above upon completion and acceptance of the storm drain facilities. CONTRACT FOR: THAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136--A I-6 t mweRSnaC28GSt0Yi7R3'd?n�_B!!&;19 's.��PSS;FP_SrnFRlid�:'afe°"-'-"`-'-'"w� i I^ k?s'�3A��R�` i a� �c. s��r� esny,a`a^maaxe,e.. �r However, for, preparation of Community Facilities Agreements, the City shall use six percent (6%1 of the e5tim ated cost of its share of construction as defined above for design engineering. h. The Developer shall pay a construction inspection and materials testing fee in the amount of two percent (2%) of the developer's share of the storm drainage construction cosy as defined above. The two percent (2%) amount shall be included with the submittal by the developer of the letter of credit, certificate of deposit, performance bond, or cash together with the signed community °acilities agreement to the Development Coordinator. For the preparation of a coff ounity facilities agreement, two percent (2%) of the estimated cost of the Developer's share of the storm drainage construction as defined above for the construction inspection and materials testing fee shall be used. At the time when bids are submitted and prior to the work order being issued, the Developer shall submit the amount in cash representing two percent (2`,+;) of the Developer's share of the storm drainage construction cost® This amount may be adjusted by the Developer or the City, upon written request, to conform to the actual construction cost upon completion and acceptance of the storm drainage facilities, provided the difference is greater than twenty-five dollars ($25<00). 3. The following special cost distribution conditions shall be in .lieu of, shall supersede and shall prevail over any of the standard cost distribution provisions which may be in conflict herewith. None i k a x CONTRACT FOR: TEaJAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136-A 1-7 4. Estimate of Construction Cost Unit Developer City* Total '; gym Q n�i ► PLj ce Cut �s Excavation for Swale 320 C.Y. $7.00 $2,240 -0- $2,240 Drainage Sub-Total $2,240 $_0- $2,240 10% Contingencies _ 224 -0- 22.4 Total $2,454 $-0- $2,464 *City' s participation due to proposed park site is i CONTRACT FOR: TEJAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136-A I—g W � pn=i D. STREETS TO DE IMPROVED ON THE ASSESSM NT BASS: The Developer hereby agrras that the following streets and storm drains as shown on Exhibi "A" and "A-1" as described below, will be improved on the assessment basis at such time in the future that the Fort Worth City Council determines in its sole discretion that development warrants constructing this street. The Developer' s participation will be calculated based on assessment paving policy in effect at the time of the assessment. WHITE SETTLEMENT ROAD from the west right--of-way line of North Chapel Creek Boulevards northwesterly an approximate distance of 370 L.F. to the east right--of-way line of Paint Pony Trail North, consisting of a single 36' roadway of arterial grade pavement. 2. Cost Distribution a. The City shall bear all of the excess cost of street improvements for widths greater thane o Forty (40) feet adjacent to property zoned single family and/or duplex residential . o Fifty-two (52) feet adjacent to property zoned other' than single family and/or duplex residential . b. The Developer shall put up a cash deposit, bond or a Letter of Credit acceptable to the City for 112 the cost of the street paving and drainage improvements plus an additional two percent (204) of the construction costs for construction inspection and materials testing, as required at the time of execution of this Agreement. 3. The Developer's participation in the cost of the storm drainage facilities will be calculated in accordance with Section VI of the Policy for the Installation of Community Facilities and shall be installed in accordance with the Transportation and Public Works Department's "Policy For Storm Drainage Facilities." 4. The above improvements must be advertised for and the City must receive bids, award the contract, hold a benefit hearing, and comply with the requirements of the State Statutes and City Charter. 5. The Developer's participation must be. paid in full at the time of the construction contract award. 6. The Developer hereby agrees that the amount of his participation in the cost of the above improvements represents the enhancement in value and special benefits to his property as such is defined in Vernon's Texas Civil Statutes, Article 1105 B, Sections 7 and S. 7. At such time that the Developer exchanges ownership of the property adjacent to the street(s), the City shall convert all deposits to cash in order to insure the construction and design of the -facilities as shown in Exhibits A and n1 and as describers in this agreement. S. Special Conditions. done. CONTRACT FOR: 'TEdAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136-A I-g j I,al f M 11�. n 1 ELI k' i Q 113 EYE M 6. Estimate of Construction Cost Unit Developer Other' City** Total Item Ouantit.y Price _ CQa o-5-L. Crsi: A. Street Construction Single 36' Roadway 7" R/F Concrete 6" Stabilized Subgrade 370 L.F. $50.00 $20,720 $ -0-• $ 8,880a $29,600 Sub-Total A $20,720 $ -0- $ 5,550 $29,600 10% Contingencies __LD72 -0- 888 2.960 Total A $22,792 $ -0- $ 9,768 $32,560 B. Storm Drain Construction*** .Storm Drain System (with appurtenances) 370 L.F. $30.00 $11,100 $ -0- $-0- $11,100 Sub-iotal B $11,100 $ -0- $-0- $11,100 10% Contingencies __11110 -0- _0_ 1.130 Total B $12.21 0 $ _0_ $_0_ S12,21.0 Total A + B $35,002 $ -0- $ 9,768 $44,770*** *Other Cost is defined as the cost of construction to be assessed against other property owners. *'City' s participation due to facilities constructed adjacent to City Parks: Streets $_ -0- ; Storm Drain $�***All costs for• the construction of Storm Drainage Imprcvcments are estimates. The actual cost distribution for all the required Storm Drainage Facilities will be determined at the time of construction. aCost for 10' wide 7"reinforced concrete @ $24,00/L.F. adjacent to non-residential . CONTRACT FOR: TEdAS TRAIL ADDITION, BLOCK 19, LOTS 135 AND 136-A 1-10 u y t .{ .. u� tildlltlld iil ��1�i �FUA Sjgimj .RY OF COST: Devei Lit Total Storm Drain Improvements Corsstruc.tiar� �, -0- �....,..�'0- Design of Construction Cost) -------- EDP7S i t�EF.�F�S? F3£}3R�€�Y�Y)t DY)d Administration 9a 296c L ( 1� of Construction Cost) � r � � ���g TOTALS (This Project) Assessment Paving S 22 792 _ _ � 2 60 Ce,nstruc'tion: Streets 12 il.'S ,�,_.T.�:-.--- � - Storm Drains � L IO- 586 LL. 86 Design Engineering - (6%) -�-�'� ���--- �-�- &��m��+t Administration - (-L%) S-- 350 Construction Engineering and Administration L1.01) of 7Q Construction Cost �-- Ob 1�77id x"4'477# Special Services - Right-of-Way C05 3F8_l_5_u'� ** ;? 2 3 TOTALS (Asmt. Paving) *The sum of 0 � to be deposited by the Developer prior to the execution of the contract. Does not include Deveioper' 5 Des-'1911 Criliveering Cost o, interior streets and storm drains. **Include. -0- -o'beiassesdsedga a�ns other property share s�f the estimated construction cos tEncompasses extraordinary survey work, preparation of right-Of-way maps and descriof>TiDns, and sniLs test ink, if "e"�$sary. C.ity' s participation- due to facilities constructed adjacent to City Park is. Interior: Storm Drain $ -_. ....0.... ..-...— . Storm Drain '$ -0_ — Assessment Paving: Streets $ -0- Storm Represenn5truction costs our)constructianyinspee inspection and ^�aterialsates testing. estimated Cc c,d Represent e a and f - L respectively of the total estimated construction. costs. Recommended t�32'tf� �L�Y3 �s I £t as 5 , Direct.oe of Transportation and Public Works V7 <7 Date Based an Policy Revised April 11, 1130W CFA CODE: 88030 A.P. CODE: 880+28 !r i I i I CONTRACT FOR: TEdAS TRAIL ADDITION-, _BLOCK 1% LOTS 135 AND 136-A I _ �. v I d�+snnuru-rcc,n.xras csnaswrra,ttr lX i " Imam's xz S A. It is agrczed and understood by the rarties hereto that the developer shall eMloy 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 $10,000 or for any pa.oject 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 percent of the final con- stniction cost of such project for such engineering services. C. In the event the developer employs his own engineer to prepare plans and spe- ciicat2ons for any or all facilities, the plans and specifications so prepared shall be subject to approval by the departman having jurisdiction. Cane 1� reproducible set of plans with 15 prints and 35 specifications for each facility shall le furnished the department having jurisdiction. It is acv eed and under- stood that in the event of any disagreamnt on the plans and specificatioa► , the decision of the Transportation/Public Works Department Director, and/or Water Depastnent Director will be final. D. it is further agreed and understood by the parties hereto that upon accept- ame by the City, title to all facilities and inprcrrements mentioned hereinabove shall 1—_ vested at all times in the City of Fort `Forth, and developer herd relinquishes any right, title, or interest in and to said facilities or any part hereof. E. The life of this contract shall be two (2) yew's and it is understood 'that any obligation on the part of the City to Make any refunds hereunder shall cease man the expiration of two (2) years from the Cate of execution of this con except for refunds due from "per connection charges" on sanitary sewer and from "front foot charges" on water wins, both of which refunds may continue to be made for a period of ten ( 10) years; nrovlded, that if thee construction under the Community Facilities Contract shall have started within the twD-yea period, Ube life of the coat mnity Facilities Contract shall be extended for are additional one-year period. community Facility contracts not completed within the time periods stated: above will require renewal of the contract with all up- da ed agreements being in compliance with the policies in effect at the time of such renewal. Developers must recognize that city funds may not be available to pay all or a portion of the normal City share for renewal contracts. It must be understood by all parties to the Camnity Facilities Contract that any of the facilities or requirements included in the contract that are to be perfolmled by the developer, but not performed by the developer within the time periods stated eve, may be ocaraoleted by the City at the developer's expense. The City of Fort: Worth shall not be obliga-,':.ed to make any refunds dace to the developer can any fa- cilities constructed under this agreement until all provisions of the agreement are fulfilled. i V IT-1 RIM` �; t t F. PmrowmcE Am PA. 1ff GUARANTEES 1. For Street, Storm Drain, Street Lic_rht and Street Yaw- SJ.cen L' Facilities on a Non-Assessmant Basis: Certificates of deposit, irrevocable letters of credit, cash deposits, or payment and performance bonds acceptable to the City are required to be furnished by the developer for the installation of streets, storm drains, street lights, and street name signs, on a non- assessment basis, and °,iast be furnished) to the City prior to emEtcu- tion of this contract. The certificates of deposit, irre cable letters of credit, cash deposits, or payment and performs bands will be in the amount of one hundred percent (100%) of the developer's estimated share of the cost of the streets, storm drains, strut lights, and street name signs.. 2. For Pavina Assessment: Certificates of deposit, irrevocable letters of credit, cash deposits, or paynt and performance bonds acceptable to the City are required to be furnished by the developer for one hundred percept (100%) of the developer's estimated cost resulting from the paving, drainage, lighting and name signage of border streets on an assessment paving basis. (Reference Section VI, Item 3. Development Procedures Vanual.) Said certificates of deposit, irrevocable letters of credit, cash de- posits, or payment and performance bonds must be furnished to the City prior to execution of this contract. 3. For water and Sanitary Sewer Facilities: Certificates of deposit, irrevocable letters of credit, of cash de- posits., acceptable to the City are required to be furnished by the de-- ' veloper for the installation of %,ater and sanitary sewer facilities. a. Mere the developer lets the construction contract for rater and sanitary sewer facilities, a certificate of der- posit, irrevocable letter of credit, or cash deposit, in the amount of one hundred percent (1000 of the estimated cost of construction, as stated in the construction contract, is 'r required to be furnished simultaneous with execution of the construction contract. b. Where the City lets the contract, a certificate of de- posit, .irrevocable letter of credit; or cash deposit, in the amount of one hundred. percent (1000 of the estimated cost of construction, as stated in the construction contract, is required prior to issuance of a work order by the City. 4. Types of Guarantees., a. Certificates of Dei)osit: When the option is exercised to provide a certificate of deposit, the following teram and conditions shall apply: iI-2 d m7 MENIM,I Wil i ( 1) The c artifimte of deposit shall be frow any financial institution in the Fort Worth/Dallas b%treoplex which is insured by the Federal Deposit Insurance Corporation or by the Federal Savings and Loan Insurance Corporation. (2) The developer shall execute four (4) copies of a letter assigning the deposit to the City of Fort w1brt.h and authorizing the City to withdraw all or any portion of the deposit should it became neces- sary to comlete construction or on .account of any default by the developer of any terms or cond_9.- tions contained in this agreement. Such 'letter of assignment must be accepted in writing by the ,financial institution. (3) Upon satisfactory calet,ion of the facili- ties, the City of Fort Worth shall reassign the deposit to the developer, including accrued interest or dividends thereon, upon express order of the City manager. b. Letters of'_Cred.i.t: When the option is exercised to pro- vide an irrevocable letter of credit, it shall be frCV. a fi- nartcial institution in the Fort Worth/Dallas Metrm_ lex which is insured by the Federal Deposit Insurance Corporation or by the Federal Savings and Loan Insurance Corporation. The fora of the letter shall be approved by the Department of Law, with the international letter of credit form used by banks being normally acceptable. c. Cash sits: When the option is exercised to provide a cash deposit, such deposit shall be made in the Treasury of the City of Fort Worth. The City of Fort Worth will not pay interest on any such cash deposit. r ' d. performance.and payment Bons.... L3hen the option is exer- cis�ed to provide performance and payment bonds for the con- struction of streets, storm drains, street lights, and street name signs, the following terms and conditions shall fly: (1) The bonds will be standard performance and payment bonds provided by a licensed surety company on forms furnished by that surety many. (2) The'bonds will be subject to the review and approval by the City attorney. (3) The performance bond shall be payable to the City and shall guarantee performance of the street-, storm drain, street light, and Street name sign construction conteTrplated under this contract. SI-3 MB a 4 , �. (4) The Payment Boni shall guarantee paynt for all labor, materials and equipment furnished ire connection with the street, storm (pain, street light, and street name sign construction contef:-- plated under this contract.. (5) In order for a surety company to be accept- able, the name of the surety shall be included on the current U.S. Treasury list: of acceptable sureties, and the: amount of bond written by any one acceptable coffpany shall not exceed the amount shown on the Treasury list for that any. 5. Purpose, Term and Renewal of Guarantees a. perforemartce and payment bonds, letters of credit, certi- ficates of deposit, and cash deposits furnished hereunder shall be for the purposes of guuaranteeing satisfactory cost- plianoe by the developer with all requirements, term and conditions of this agreement, including, but not limited to, the satisfactory cowletion of the improvements prescribed herein, and the making of payments to any person, firm, cor- ;poration or other entity with whom the developer has a direct contractual relationship for the performance of work hereunder. b. Developer shall keen said performance and payment bonds, letters of credit, certificates of deposit, and/or cash de- posit.s in full force and effect until such time as developer has fully mr,plied with the terms and, conditions of this agreement, and failure to keep same in force and effect shall constitute a default and breach of this agreement. c. All letters of credit furnished hereunder shall be renew- ed annually in the amounts dasignated by the City, and the rend letter of credit shall be delivered to the City on or before the tenth ( 10th) day prior to the date of expira tion of the then existing letter of credit. if developer fails to deliver the renewed letter of credit to the City within the time prescribed herein, such failure shall con- stitute a default and breach of this agrement. and shall be a basis for the City to draw on all or any portion of the then existing letter of credit. G. This contract, any part hereof, or any interest herein shall not be assn by developer without written consent of the City Manager, and it is fur ex agreed that such written consent will not be granted for the assigmmnt, trans- fer, pledge and/or conveyance of any refunds due or to become due to developer except that such assignment, transfer, pledge and/or conveyance shall be for the fu.Tc l awant of the total of all such refunds due or to become due hereundei. H. on all facilities included in this agreement for which the developer ciwards its own construction contract, the developer agrees to follow the follcwi.ng procedures* i U-4 Ems r V i f Milli 1 111 1 1. If the City participates in the cost of the facilities, the 0011- stru tion contract must be advertised., bid and awarded In accordance with Mate statutes prescribing the requirements for the letting of contracts for the construction of public work. This includes advertis- ing in a local newspaper at least twice in one or more newspapers of gene, .l circulation in the _county or counties in which the work is to be performed. The second publication must be on or before the tenth I (10th) clay before the first date bids may by submitted. The bids ;rust be opened by an officer or employee of the City at or in an office of the City{. 2. To aMloy a construction contractor Who is approved by the Direr 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. 3. To require the contractor to furnish to the City p. -cent, perform- ance and maintenance bonds in the names of the City anx. the developer for one hundred percent (100%) of the contract price of the facility, said bands to be furnished before work is conutenced. Developer fur`a.. mz shall require the contractor to provide public liability insurance in the amounts required by the City's specifications covering tit particular work. 4. To dive 48 burs notice to the department having jurisdiction of intent to commence construction of the facility so that City 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, and to make such labor- atory tests of materials being used as may be required by the City. i 5. To sure approval by the Director of the Department having juris- diction of any and all partial and final payments to the contractor. Said approval shall be subject to and in accordance with requirements of this agreement, and is not to constitute approval of the quantities of which payment is based. 6. To delay connections of buildings to service lines of sewer and inter mains constructed under this contract until said sewer and water wain and service lines have been mupleted 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 construction contract for storm drainage and pavement, said contract shall be separated in the bidding and City participation, if any, small be limited to the lowest possible combination of bids as if each of the above were awarded as separate contracts. 1. Anything to the contrary herein notwithstanding, for and in consideration of the promises and the covenants herein made by the City, the developer coveenants and agrees as follows: x 11-5 31 i U a 1. ".Ihe developer shall wake separate elections with regard to water afar sanitary sewer facilities, storm drainage, street iwrovew-nts and -street lights as to whether the work prescri l-)d herein shall be performed by the City, or by its contractor, or by the develor, through its contractor. Each separate election shall be made in writing and delivered to CitY no later than six (6) months pritrr to the expiration of this agreement. In the event any of such sel-N)xate elections has not been trade and delivered. to City by such date, it shall be conclusively presumed that the developer has elected that such wark be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph IF-F hereof. 2. irrespective of any such election and whether the work is to be perfoi by the City�,or by its contractor or by the developer through its contractor, the developer covenants and agrees to deliver to the City a performance and payment grantee in accordance with the provi- sions of Paragraph II-F of this agreement. 3. In addition to the guarantee required in the preceding paragraph, in try: event developer elects that the work be pscformad by the City, or by the City's contractor, or such election is presumed as provided above, the developer covenants and agrees to pay to the City tht: developer`s share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Section I ma hereof, based upon the lowest responsive bid for such work, as determined by City, or upon a cost estimated to be performed by City forces prepared by the City, as appropriate, and shall be sub- ject to adjustment to actual costs upon final mrapletion of the sub- jest work. Such estimated payment shall be node promptly upon demand by City, it being understood that such payment will be mach: after the receipt of bids for 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 officers, agents and employees from and against any and 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 per- sons or property, including death, resulting frOM, or in any way con- nected with, this agreement og the construction of the hiprokwmts or facilities described herein, w<ether or not caused, on whole or In part., by the negligence of officers, agents, employees, licensees, in- vitees, contractors or subcontractors of the City; and in addition the developer covenants to indemnify, hold harmless and defend the City, its officers, agents and employees from and against all claim, frxa.ts, or causes or action or any nature whatsoever brought for, or on account of any injuries or damages to persons cr property, including death, resulting from any failure to properly safeguard the work or an account of any act, intentional or otherwise, neglect or misconduct of the developer, its contractors, subcontractors, agents or employess, whether or not caused, on whole or in part, by the negligence of office's, agents, employees, licensees, invitees, contractors or subcontractors of the City. II-6 ' � ( 5. Developer covenants and agrees that it di,scri.sd.nates against no in- dividual imm.1ving enploYment as prohibiter by the term of Or iwme mss. 7278 Jas aumided by ordinance 1b° '7400), an ordi.nafice prohil:.atiaag discrimination in employment practice because of race, cread, color, religion, nationtal origin (except for illegal aliens), sex or acM, unless sex or age is a bonafide occupational qualification. Developer further covenants and agrees that no labor organization, subcontra Lr � or eiEploymnt agency, either furnishing oc referring ap plicants to such developer, nor any agent of developer is discrirdnating against any individual involving a nployvent as prohibi.t�ui by the term of such Ordinance No. 7278 Jas amended by Ordii-once No. 7400) � i J. The attached Ekhlbits Appendix "A", A-1 and Location Map are arcade a pert hereof for all intents and purposes. i �K.�gp��Venue of any action brought: hereunder shall S in Fort artea, Tarrant j 4M.1'c,unntyP T - L. Tte City's "Policy for the Installation of (Viff nifty Facilities", as adopted� by ttilia City Council on January 7, 1986, is hereby incorporated herein by refer- en , and Developer covenants and agrees to comely with said Polio as a aond.i-- tion of this contract and as a mndition to the platting of the subject p�'ifJ" .�ty IN °CFsTlmoNy '{SFr-MF, the City of Fort 'forth has caused this instrument. to be in quadruplicate in its name and can its behalf by its City nar, , executed drrap f the City affirmed, seal a y ' � its city Secretary, with the corporate at�q.�ted by y and saki Developer has executed this instrtment in quadruplicate, at Fort Worth, �exr� day of 1.9 s Ruth B-17ward PI iFld A. Ivory -r, CZ:V')4 City Secretary Senior Assistant City Manager- APPROVED The Corgorati.on of the Presiding Bishop of the Church of Jesus Christ of tatter-Day, Saints, a Utah Corporation Sole icy; Lit, _ a -ems . William . w �•� mr. Fred Baker duty City ,attorney �thori�� agent s Date}: ATT°� A. Date: - 1) :,L Contract Authorization By' Bate II-7 r i p , I )l. OEM A.PP TX "A- T' EE;TIMPLTE, 9MARY dal+, ;T Tejas T°r ails Addition, lot 135, B1 19 PEW a MCE —SECTION DEVEDOPM CITY _ TOTAL _ CUA 99S°tit37t3 I. interior Streets - Construction $0_ 0 Design so -- - .. 0 Eng. & Admin. _- - $-Q- 0 2. Storm Drains 2,5 Construction _____ $2,464 10 2,464 Design —50 ------0 0 Eng. & Ad in. $49 1296 _ 345 3. Border Struts (Asses went Paving) 38,152 W' eets _ $22,792 _ $9,768 32,560 Swrm }rains 12,2].0 _ __ 0 12,210 Design �100 586 . 2,.686 .- Assessment Admin. X350 350 Er* A&ftin. $700 $3,777 4,477 TOTAL L —�40 665_ $14,427_ , 55,092 _ $40,665 Daveloper shall deposit 100% of approved bid. i �. Prc5id;%J � Okficp of Church of Jews I i- ^7 Ct;rist QF Laticr -ra.t Saints u14h CrtQ. `7• v u :l1 V.'1959, a CD , Q- � ro U) ¢ � "e j a' Qti s i 5t OU LOT 139 I � I I ' Nci Arca Z.G(Z Ar.. ([13,1N.b} ,a r R,2©0.5 6F 0 (� r 5 668.EF a rtl. 2 •S•� --• •� i � � q,.6 of I CL (ty C4 sa \�eo Sal v t c,ty J)( ST RE6 A To 8 E P S ssm�NT d5 `� 5 KEET• EXHIBIT A J ` ETAS TRAIL ADDITION ea• 136 —A Lo7s 135 p' , a�k Wil CC J rs of Church of Jests 'J, Prc�idin ©isnop ® ut,;hcare' r ct I V. 1959, P. 1646 0,P, r..c T. i 3 c� tHd 1^' :s1 to tu i� O n . 4 20, c easefficAl j ... 5 89"13'07' E - 3 47. ( 1 F rl Y 1 C� -`1 i 1 II to CL tu°� mt l •, —1 l � � E ' G LOT 13- - > _, 1 Ow CI l ty, -o w l9 Z LU V t 0,260.5 6F c'� is Cq.``"COO S A'` r Fyf �' � t" Qc 4 C6 `°• Go. off nQ p 9C f.IV thy,.....' t �SS�St>s WW1" Rf�'S(S c°• % 19LOCK- 19, L075, 135 13 A SCALE 100 - F r i .i � K ]' r l u'• r � p t ' JAS T R � i -L DD11- 10 [ r I ° q —�, B L 0, '1 19, L 6A, w tJ / lY v rrI S ,� '� YFNILt 7RAll N 9� A�. , /• r Part PQ„ , I, � w�c pA4a•'1SUJ,Int. �� r I TOTO 0 M sruaes Tara e�W /p3 a i SINE =W= - • J , aT 4 `-••%Sr p� � SNOOD- PACK; WID E'6r{ut0r LlQ,4L ' `T-._ an•NAa ��♦ TRAIL vq G `LxMOttD 'ly C•E SF K 5rA1•LE TF rIIt HlTf sf�} aT ar r EACt G F+F so 4 o a {fr u4 I SE FT T � Y F f rif S! N i ~GRAY Od.K G /J =' wy:p+ 1 g ` / 04L5 °?. --T,y•�„A-� !r�`•/`7 rSj AF�Y �. �--+ �J t� (zb � '.�xti^'i�;�..9J �`�! tiJ \�Sr 1.1 x u%�fi�•� " � [LnF 3 N ,p,�{��� ! 1 �i'v '• 'ir f''�, a. Cat+_ y��f� 'ti � ,` y "r"'�'. � 4e � i� �� 6 �`\r.NFarn.'r• •`_ ;. •-1--a �C7 S 1 "1 . ��r��Zr ♦�fr .�.. .,;,F 'F.`19MA1_ I {`t�'' '.�, <S'rf1 ' N P i yy L 5 Y. i 4 City of Fort Wort "(x� Mayor and Council Communication DATE REFERENCE SUBJECT: CONTRACT FOR THE INSTALLATION M PAGE NUMBER OF COMMUNITY FACILITIES-TEJAS TRAIL 2 1 of r_ 10-3-89 **C-11892 - -- --ADDITION.,BLOCK 19,LOTS- 135 AND 136-A RECOMMENDATION: It is recommended that: 1). The following bond fund transfer be approved: s From To Amount Reason 90-136901-00 90-136118-00 .$9,768 To provide funds for New Development Assessment Paving City's construction Unspecified White Settlement and administration Road cost. Tejas Trail Addn. 90-095701-00 90-136118-00 $586 To provide funds for City share of Assessment Paving City's cost of Design in New White Settlement design engineering Development Rd. Tejas Trail i. Addn. 2) The City Manager be authorized to reimburse the developer for the City's share of cost for storm drain an-` street improvements upon satisfactory completion of the same; and 3) The City Manager be authorized to execute the Community Facilities Agreement with the developer, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints. DISCUSSION: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints , a Utoh Corporation Sole, the developer of' Tejas Trail Addition, Block 19, Lots 135 and 136-A, has executed a proposed contract of community facilities to serve the area shown on the attached maps. The estimated cost of the community facilities is as follows and subject to actual bid price: PROJECT COST: Developer City Total Storm Drai ns Construction $ 2,464 $ -0 $ 2,464 Design Engineering -0- -0- -0- Engineering and Administration 49 296 345 g[ PACE DATE REFERENCE SUBJECT: CONTRACT FOR THE INSTALLATION NUMBER OF COMMUNITY FACILITIES-TEJAS TRAIL 2 2 10-3-89 "*C-11892 - ADi}1T1oP1 BLOCK 19, LOPS 135 AND os-- t; 136-A 9 4 Assessment Paving Streets 22,792 9,768 32,560 Storm Drains 12,210 -0- 12,210 Engineering Assessment 2,100 586 2,606. Assessment Administration 350 -0- 350 Engineering and Administration 700 3,177 4,477 (Subtotal -for Assessment) 385152 14,,131 52,283 Total $40,665 $14,427 $55,092 i Storm drains and streets will be installed in accordance with standard policies for the installation of community facilities. The contract includes City participation in the cost of storm drains and streets. FINANCING: Sufficient funds are available to transfer in New Development Fund 90, Project No. 136901-00, Unspecified-New Development-Const' and Project No. 095701-00 , City Share of Design Engineering New Development. Upon approval I and completion of recommendation No. 1, Sufficient funds will be available in 4 New Development Fund 90, Project No. 136118-00, Assessment Paving White Settlement Road to Tejas Trail Addition and in New Development Fund 90, Project No. 095105-00, Engineering Salaries, to finance engineering and ' I. adminiscr•ative costs . The expenditures will be made out of Index Codes 62.1318 and 621227. 1 ' ASSESSMENT PAVING: Street improvements in this contract provide for the construction of White Settlement Road from the west right-of-way line of North Chapel Creek Boulevard, northwesterly an approximate distance of 370 L.F. to the east right-of-way line of Paint Pony Trail North, consisting of a single 36 ' roadway of arterial grade pavement. PLAN COMMISSION APPROVAL: A short form final plat (FS-89-3) has been submitted to City staff for review. APPROVED BY DAI :b/6 CITY COUNCIL OCT 3 1989 r SUBMITTED FOR THE DISPOSITIO!' aY COUNCIL. ROCESSED BY CITY MANAGER'S p,g city E-. arot(uy 43� OFFICE BY. R. A. McKinney 0 APPROVED ,�,�• ORIGINATING_ ❑ OTHER (DESCRID ^ DEPARTMENT HEAD J. Bllardl - CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACTYy-'� Tuomey��8178 � �, � DATE