HomeMy WebLinkAboutContract 24587 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
Contract No. ,_ _�
COUNTY OFTARRANT
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WHEREAS, Baptist Foundation of Texas and th;: City of Fort Worth are involved in
certain litigation regarding the condemnation in fee simple of 9.171 acres of the foundatiou's
property for the bridging of Park Glen Boulevard over Interstate Highway 35W, such lawsuit
being styled City of Fort Worth and State of Texas vs. Baptist Foundation of Texas, under Cause �3t
Number 348-159205-95; and
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WHEREAS, Baptist Foundation of Texas and the City of Fort 'Forth desire to settle their
differences and that the settlement is in compromise of doubtful and disputed claims; and } .
WHEREAS, Baptist Foundation of Texas, its successors or assigns, hereinafter called �,:-
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"Developer," as a part of said settlement has agreed that it will construct for its. own account
certain improvements, including a street, public utilities and appurtenances thereto along right of
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way dedicated for Park Glen Boulevard from Interstate 35 to Harmon Road, an addition to the
City of Fort Worth, Texas, which improvements shall be financed as set forth herein; and R.
WHEREAS, the City of Fort Worth, a municipal corporation of Tarrant and Denton
Counties, Texas, hereinafter called "City," has agreed to advance periodic payments to Developer
and to perform certain administrati-e and review functions in connection with Developer's
construction of said improvements-,
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NOW. THEREFORE. KNOW ALL BY THESE PRESENTS: r
P. Developer, acting Herein by and through Lynn Craft, its duly authorized President, and
City, acting herein by and through Mike Groomer, its duly authorized Assistant City Manager,
Baptist Foundation of Texas, Park Glen Boulevard
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agreements herein
erfornled and.to be performed,
e covenants and a p
for and to cons.cleration of the gr P
do hereby covenant and agree as follows:
I.
COMMUNITY FACILITIES AGREEMENT
to install
WATER SERVICE
For j
PARK GLEN BLVD FROM IH-35W TO HARNIO T RD.
A. The City agrees to permit the Developer to let a contract for water and sanitary sewer
facilities to serve the area as shown on the attached Exhibit A (Water Facilities) and Exhibit A-1
(Sanitary Sewer Facilities), all in accordance with plans and specifications to be prepared by
professional engineers employed by the Developer, such plans and specifications to be approved
by the Water Department within thirty (30) business days of receipt.
B. The construction cost of the water facilities herein concerned, exclusive of engineering
is estimated to be One Hundred Six Thousand, Forty,Dollars ($106,040.00).
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C. The construction cost of the sanitary sewer facilities to be installed hereunder, exclusive
of engineering, is estimated to be Three Hundred Eleven Thousand, Twenty Two Dollars
($311.022.00).
D. Funds for this project are being provided by the City as set forth in a Memorandum of
Understanding concerning settlement of a pending law suit, no financial Wiarantees are required
from Developer.
E. The distribution of estimated construction cost between the City and.the Developer, for
all water and sanitary sewer facilities to be constructed hereunder is estimated as follows:
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(1) WATER FACILITIES
}., y Estimated Estimated Total
City Developer Cost
Cost Cost
i (a) Mains, Within $106.040.00 �_ 0.00 $ 106,040.00
Development
Approach $ 0.00 $ 0.00 $ 0.00
(b) Easements" 0.00 $ 0.00 $ 0.00
(c) Services (0-1") $ 0.00 $ 0.00 $ 0.00
Baptist Foundation or Texas, Park Glen Boulevard
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Sub-Totals, Water X1.01040.00 0.00 n l 6;040,..00
(2) SAN°ITARY SEWER FACII.f TIE,S t
(a) Mains, Within $311,022.00 $0.00 31 1 022-0
Development
Approach 0.00 0.00. $ 0.00
(b) Easements* $ 0.00 0.00. $ 0.00
(c) Services (04") 0.00 0.00 $
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Sub-Totals, Sewer $311,022.00 x_0.00 5 311 U22.00
(3) TOTAL X417 062.00 0.00. $ 417,062.00,
CONSTRUCTION COST:
(4) CONSTRUCTION. $ 8,341.O0 $ 0.00 $ 8.34.1.00 `
INSPECTION FEE:
*to be dedicated by the developer. r a
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F. This agreement does not cover the construction of any off-site sanitary sewer approach i
mains. A separate agreement to be approved by the City Council of the City of Port Worth:w II
be required, r,
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G. Developer agrees to dedicate 30-foot wide utility easement to the City 10 include a 484nch
Northside Il water[Hain and the proposed 24-inch Northside III water-main along the:east.R..O.W.
line of Harmon Road from the. proposed tank site, South.to Park Glen.Boulevard and thence to �
the east along north R.O.W line of Park Glen 3oulevard to existing west R.O.W. line of IH-35V1
(see Exhibit "A" for water aligninent). :
H. Developer agrees to furnish a temporary construction easement for a reasonable period:of
time for the construction of the facilities described in Paragraph G. above.
1. 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:
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Lee C. Bradley, Jr.
Director
Water Department
Date:
Baptist Foundation of Texas, Park Glen Bou'.evard
Palle 3 of 20
II. '
STREET AND STORM DRAIN IMPROVEMENTS
A. GENERAL PROVISIONS:
1. Developer acknowledges that it has complied with Article 104.100 of Ordinance
7234" and hereby relieves the City of any responsibilities for any inadequaciLS in
preliminary plans and cost estimates supplied for the purpose of this contract and further
agrees that it will comply with the Subdivision Ordinance, City Plan Cormnission Rules"
and Regulations, and Policy for Installation of Community Facilities and all applicable.
policies, rules, regulations and. ordinances of the City regarding. development.
2. Developer agrees to install or cause to have installed,the street and storm drainage
facilities improvements shown on the attached Exhibits "B" and "B-1, respectively, ir.,
accordance with plans and specifications prepared by the City or prepared by the
Developer's engineer and.approved by the City Engineer.
3. Developer agrees to provide such rights-of-way and/or construction easements as
may be required to construct Park Glen Boulevard including any drainage outfall, in
lengths, widths, and locations as are necessary and approved by the City Engineer.
4. Developer agrees that all improvements to be constructed hereunder are subject to
inspection and approval by the City Engineer. Developer shall require any contractor who
will be involved in any earthwork within any future public right-of-way, to notify the
Department of Engineering, Construction Services Division, 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
rcpresentative. Developer also agrees that no street or storm drain construction shall.begin
prior to the City Council's approval of this Community Facilities Agreement. in 1
accordance with Section 104.100 of City Ordinance No. 7234.
5. Developer shall employ a professional surveyor to set line and grade.
6. Approval by the City Engineer shall not constitute or be deemed to be a release
of the responsibility and liability of the Developer, its 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 ernployees, 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 constructed.
Baptist Foundation of Texas. Part. Glen Boulevard
Pane 4 of 20
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In this connection 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 its officers
and employees harmless from any loss, damage; 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 cons.tmcted in accordance therewith, pursuant to this agreement;. and
Developer shall defend, at its 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 agv�inst them or any of them in connection therewith as a result of errors or �
omissions regarding design of facilities constructed hereunder.
7. A]I costs for street construction are estimated and actual construction costs will be
determined upon the reconciliation at project completion for final accounting.among.the G
parties.
B. STREET IMPROVEMENTS BY DEVELOPER:
I. Developer agrees to install or have installed the street facilities for this project as 1
shown on Exhibit B, attached hereto, in compliance with all rules; regulations and
construction standards. Furthermore. Developer agrees that in its construction of the
project, it will.
a. Excavate all streets, including parkways, to line and grade established in
the approved fans. No till shall be put in place unless a City of Fort Worth �-
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inspector is present and approves the installation.
b. Require any contractor who will be involved in any earthwork within any
future public right-of-way, to notify the Department of Engineering, Construction
Services Division, 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.
C. Install all necessary storm drainage facilities in accordance with the
Transportation and Public Works Department's "Policy for Storm Drainage
Facilities."
d. Construct all utilities and services in the streets to at least two feet back of
the curb line prior to the construction of curb and gutter and paving..of the streets.
All trenches sliall be backfilled in accordance with standard City specifications..
e. Construct concrete curb and gutter.. excluding any sidewalks, along. Park
Glen Boulevard on both sides of the street, unless this agreement specifies
otherwise, including intersections.
Baptist Foundation of Texas, Park Glen Boulevard
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f.. Construct pavement, including,subdrains determined to bi: required:by the
City Street Inspector during construction, on all streets in accordance with the
approved plans an:dfor specifications.
g. Sidewalks shall be installed as the adjoining. tracts develop at the cost: of
the .Developer.
h. Construct,at its own expense, curb returns at all street intersections within
or adjacent to the area covered by this agreement.
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i. Be responsible for grading. the parkway between the curb lines and the
property lines to elevations required by the City Engineer.
j. Grade all 20' x 2:0' and 15' x 15' Open Space Easements down to a height
of not more than twenty-four (24) inches above the top of curb. F
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2. Estimate of Construction Cost i
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Baptist Foundation of Texas, Park Glen BOUlevard
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Unit Dev, City Total.
Item ouantity Cost Cost Cost Cost
Remove and Dispose of Existing Concrete 250 S.Y. $15.00 -0- 3,750.00 $3,750.00
Pavement
Topsoil. Stripping and Stockpiling, 11,500 C.Y. 1.50 -0 17,250.00 17,250.00` i
Street Excavation 7,650 C.Y. 2.00 -0- 15,300.00 15,300.00
Borrow Excavation 180.000 C.Y. 4.50 -0- 8101.000.00 810,000.00
Fine Grading, Subgrade Preparation 27,750 S.Y. 1.50 -0- 41,625.00 41,625.00
7" Reinforced Concrete Pavement 25,125 S.Y. 18.50 -0- 464,812,50 464;812.50
7" Reinforced Concrete Curb 8,000 L.F. 2.00 -0- 16,000.00 16,000.00
6" Reinforced Concrete Curb 8,000 L.F. 1.80 -0= 14,400.00 14,400.00
6" Reinforced Lime Stabilized Subgrade 27,750 S.Y. 2.00 -0- 55,500.00 55,500.00
Hydrated Lime (30 lbs/sy) 420 Tons 1001.0 -0- 42,000.00 42,000.00
1 HMAC Surface Course 85 Tons 55.00 -0- 4,675.00 4,675.00
2 'h" HMAC Base Course 145 Tons 50.00 -0- 7,250.00 7,250.00
6" Crushed Limestone Flex Base 325 Tons 25.00 -0- 8,125.00 8,125.00
Spread Topsoil 11,500 C.Y. 3.50 -0- 40,250.00 40,250.00
Traffic Control Signs 5 Ea. 400.00 -0- 2,000.00 2,000.00
Traffic Control Markers: Type t-C-4 210 Ea. 8.00 -0- 1,680.00 1,680.00
Traffic Control Markers: Type 2-4 400 Ea. 4.00 -0- 1,600.00 1,600.00
"Traffic Control Markers: Type ii-CR-4 196 Ea. 5.00 -0- 1,568.00 1,568.00
Traffic Control Markers: Type C-4 984 Ea. 4.00 -0- 3,936.00 3,936.00
M : Concrete Street Header 54 L.F. 20.00 -0- 1,080.00 1,080.00
Irrigation Conduits 950 L.F. 19.00 -0- 18,050.00 18,050.00
Implementation of NPDES Plan 1 LS. 5,000.00 -0- 5,000.00 5,000.00
SUB,-TOTAL $-0- 1,5 75,851.00 $1,S'78.,851.00
10% CONTINGENCIES -0- 157,585.00 157,585.00
TO'N'AL $-041,733,436.00 $1,73343'6.0.0.
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Baptist Fotindation of Texas, Park Glen Boulevard
Pace 7 of 20
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C. STORM DRAINAGE IMPROVEMENTS:
1. Eased 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.
Description of Work to be Done:
Developer agrees to install or have installed, the storm drain system for this project as
shown on Exhibit "E-1", attached hereto, in compliance with all applicable City of Fort
Worth Rules and Regulations and Construction Standards. Furthermore, Developer 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-of-way. Drainage easements shall be provided along the
entire length of the system to include an outfall condition that is 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 storm 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 easement. included
in the design plan, and constructed in conjunction with the storm drainage
improvements.
e. that the storm drain system will be designed w ultimate land use. If stage
construction is used, temporary off-site measures can be utilized as development
proceeds but must be approved by the City Engineer. These temporary off-site
measures must be brought into conformance with ultimate design standards as
development proceeds.
Baptist Foundation of Texas, Palk Glen Boulevard
Pa4tle 8 of 20
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2. Estimate of Construction Cost
uantlly Unit DEV_ City.* Total
Item Price Cost Cost Cost
(3) 9'x7' Box Culvert 120 L.F. $750.00 $-0- $90,000.00 $90,000.00
(1) 7'x7' Box Culvert 375 L.F. 285.00 -0- 106,875.00 IV 975.00
60" RCP 575 L.F. 110.00 -0- 63,250,00 63,250.00
54" RCP 670 L.F. 90.00 -0- 60,300.00 60,300.00
48" RCP Preparation 75 L.F. 80.00 -0- 6,000.00 6,000.00
42" RCP Pavement 75 L.F 65.00 -0- 4,875.00 4,875.00
36" RCP Curb 495 L.F. 55.00 -0- 27,225.00 275225.00
27" RCP Curb 205 L.F. 45.00 -0- 9,225.00 9,225.00
24" RCP 65 L.F. 40.00 -0- 2,600.00 2,.600.00
21" RCP 390 L.F. 35.00 -0- 13,650.00 13,650.00
Multiple Box. Parallel Wing 2 Ea. 12,000.00 -0- 24,000.00 24;000.00
Headwalls
27" 3:1 Sloping Headwalls 2 Ea. 1,200.00 -0- 2,400.00 2,400.00
Channel Excavation 400 L.F. 40.00 -0- 16,000.00 16,000.00
Std. 6' Square Manhole I L.F. 5,000.00 -0- 5,000.00 5,000.00
Std. 4' Square Manhole 1 Ea. 3,000.00 -0- 3,000.00 3,00.0.00
10' Recessed Curb Inlet 4 Ea. 2,500.00 -0- 109000.00 IOX00.00
20' Recessed Curb Inlet 2-4 2 Ea. 4,000.00 -0- 8,000.00 8,000.00
Sub-Total $-0- $452,400.00 $452,400.00
10% Contingencies -0- 45,240.00 45,240:.00:
Total $-0- $4971640.00 $497,640'.00`
Baptist Foundation of Texas, Park Glen Boulevard
Page 9 of 20
D. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT TOTAL
COST COST
INTERSECTIONS 0 EA. $ 2,000 $--0--
MID-BLOCK RESIDENTIAL 0 EA $ 2,000 $__0__
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,000 $--0--
MID-BLOCK COLLECTOR 0 EA $ 2,000 $--0--
MID-BLOCK ARTERIAL, PARKWAY 0 EA $ 2,000 $--0--
MID-BLOCK ARTERIAL MEDIAN 20 EA $ 2,200 $ 44,000
RELOCATE EXISTING LIGHT 0 EA $ 1,500 $__0__
Subtotal $ 44,000.00
City's Cost $ 44;000.00
Developer's Subtotal $--0--
10% Contingencies $ 4,400.00
Project Total $ 48,400.00
Adjacent Developer's Cost $__0__
City's Cost $ 48,4ft00
2% Inspection Fee $968.00
2. STREET LIGHTS WORK DESCRIPTIOi
a. The Developer shall provide for the installation of streetlights at the
approximate locations shown in Exhibit "C" in accordance with engineering plans and
specifications to be approved by the Transportation and Public Works Department.
b. Streetlights on residential and )r collector streets can be installed using.
overhead or underground conductors with the approval of the streetlight Engineer.
C. Streetlights on arterial streets shall be installed with underground conduit
and conductors.
d. The Developer shall install a 11/4-inch schedule 40 PVC conduit on the
northern side of.-ll streets or the western side of all streets unless indicated otherwise on
the plans. The conduit shall be installed at a depth of not less than 30 inches. The
k installation of the conduit shall be included in the street construction plans.
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Baptist Foundation of Texas, Park Glen Boulevard
Pace 10 of 20
e. The developer or its contractor shall contact the city's street.light,division
48 hours prior to starting any installation.of conduit and/or streetlights at(817) 871-8100
to insure-proper inspection of work,
E. SUMMARY OF ESTIMATED. COST:
BF-T Citv Total,
Street Improvements Construction $_0_ $1,733,436.00 $1,733,436.00
Engineering/Surveying fL2t/o
1, 189;102.00 189,102.00
Inspe,ction/Te-tj ng/Observation:Q%j 47,275.00 47,275.00
Permitting 52,,• ., 31,517.00 31,517.00
Storm Drain.Improvements $_0_ $497)640.00 $497,640.00
Engineering/Surveying Ljj%j -0- 54,288.00 54j288.00
Inspection/Testing/Observation Q.�0 j -0- 13,572.00 13,572.00
Permitting S20/aj -0- 9,048.00 9,0481.00
Street Light Improvements $_0_ $48,400.00 $489400.00
2% Inspection Fee _0- 968,00 968.00.
Street Marne Signs -0- 160..00 160.00
TOTALS-(THIS PROJECT) _0_1 $2-5625:1407.00 S2,625�407.00!
`City agrees that it will provide up to the first $2,702,500 and any cost over a total,of$3,107,875
for design and construction of Park Glen Boulevard as specified in attached Mayor and Council
Communication. Reference No. C-16832, Log Name 20BAPTIST, dated 06/16/98 and attached.
Memorandum of Understanding. If the actual cost of this work exceeds: $2,702,500 Baptist
Foundation of Texas will pay all excess costs up to a maximum, contribution of$405,375.00- all
costs in excess of $3,107,875 will be paid by the City. Should, a cost savings be realized,
whereby the design and construction of Park Glen-Boulevard as anticipated herein:cost less than
the $2,702,500 commitment.of funds by the City, such savings will be shared.50150 between the
City and the Developer, and the City will compensate.Developer for such funds as may be owed.
Recommended
Hugo Malanga, P.E., Director
Transportation and Public Works
Date
Baptist Foundation of Texas, Park Glen Boulevard
Page 11 of 20
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STREET NAME SIGNS
A. The Developer agrees to pay for the street name sign installations required by this
development to the extent of$80.00 per intersection. This unit cost will be revised annually by
the Department of Transportation and Public Works to reflect prevailing costs of materials and
labor.
B. This development creates the following two (2) intersections at a cost to the Developer
of $160.00:
Park Glen Blvd. & 11-1-35W
Park Glen Blvd. & Harmon Road.
C. The Developer may either deposit cash funds with the City equal to the above arriollmt at
the time of Community Facilities Agreement approvai or wait until the street name signs are to
be installed. If the Developer elects to wait, the cost of street name signs will be at the rate
prevailing when the Developer deposits funds with the City.
D. The City will install the street name signs upon final approval of the street construction.
The street name signs will remain the property of, and will be maintained by, the City.
IV,
GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that Developer shall employ a civil
engineer, licensed to practice in the State of Texas, for the design and preparation of plans and
specifications contract,ions for the construction of all facilities covered by this conact, subject to Paragraph B.
peci
B. In the event Developer employs its own engineer to prepare plans and specifications for
any or all facilities, the plans and specifications so prepared shall be subject to approval by the
department having jurisdiction. One (1) reproducible set of plans with 15 prints and 35
specifications for each facility shall be furnished the department having jurisdiction. It is agreed
and understood that in the event of any disagreement on the plans and specifications, the decision
of the Transportation/Public Works Department Director, and/or Water Department Director will
be final.
C. It is further agreed and understood by the parties hereto that upon acceptance by the City,
title to all facilities and improvements being constructed hereunder shall vest in the City, and
Developer hereby relinquishes any right. title, or interest in and to said facilities or any part
thereof from and after said acceptance.
D. Work-.hereunder with respect to water and sanitary sewer facilities shall be completed
within twenty-four (24) months from the date this agreement is executed. In exchange for the
easements dedicated by Developer to City. there will be no "tie in" or "front foot" charges on
Baptist Foundation of Texas, Park Glen Boulevard
Page 12 of 20
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water and sanitary sewer mains constructed hereunder. Nothing herein, however, shall be
construed to prohibit the collection of service tap fees and impact fees when otherwise due.
E. Developer shall require its contractor to provide performance and payment bonds in accord
with V.T.C.A., Government Code, Chapter 2253 for the construction of streets, storm drains,
street lights, and street name signs.
(1) The bonds will be standard performance and payment bonds provided by a
licensed surety company on forms furnished by that surety company.
(2) The bonds will be subject to the revi.,--w and approval by the City Attorney.
(3) The performance bond shall be in full amount of the contract and shall be payable
to the City and Developer as dual obligees and shall guarantee performance of the water,
sanitary sewer, street, storm drain, street light, and street name sign construction
contemplated under this contract.
(4) The payment bond shall be in the full amount of the contract and. shall guarantee
payment for all labor, materials and equipment furnished in connection with the water,
sanitary sewer, street, storm drain, street light, and street name sign construction
contemplated under this contract.
(5) In order for a surety to be acceptable to the City, (1) the surety must be licensed
to do business in the State of Texas, and (2) the name of the surety must be included on
the current U.S. Treasury List of Acceptable Sureties (Circular 870), or the surety must
have capital and surplus equal to ten times the amount of the bond and have obtained
reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and.
admitted as a reinsurer in Texas and is the holder of a certificate of authority from the
United States Secretary of the Treasury to qualify as a surety or reinsurer on obligations
permitted or required Under federal law.
F. In the event that any contract for the construction of improvements contemplated by this
agreement exceeds $400,000, the contracts shall provide that retainage shall not exceed five
percent (5%).
G. On all facilities included in this agreement for which Developer awards its own
construction contract, Developer and City agree to follow the following procedures:
I For any contract awarded hereunder,Developer shall use the general specifications
contained in the Standard Specifications for Street and Storm Drain Construction for any
paving and storm drainage work and the Part C. General Conditions of the Water.
Department for water and sanitary sewer contracts.
2 Competitive bidding as set out in Chapter 252, Local Government Code, is not
required. Developer agrees to obtain at least three (3) competitive quotes from
Baptist Foundation of Texas, Park Glen Boulevard
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construction contractors and agrees to consult with the Director of the Department having
jurisdiction over the facility to be so constructed. Contractors performing,water and sew=er
work shall be subject to approval of the Director of the Water Department.
3. To give 48 hours 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 ally sanitary sewer, stone-.drain;
or water pipe unless a responsible City inspector is present and gives his consent to
proceed, and to make such laboratory tests of materials being used as may be required by
the City.
4. To delay connections of buildings to service lines of sewer and water mains
constructed under this contract until said sewer and water mains and service lines have
been completed to the satisfaction of the Water Department.
5. Developer further shall require the contractor(s) to provide public liability
insurance in. the amounts required by the City's specifications covering that particular
work..
H. Anything to the contrary herein notwithstanding,, for and in consideration of the promises
and the covenants herein made by the City, the Developer covenants and agrees as follows:
1. The Developer shall make separate elections with regard to water and/or sanitary
sewer facilities, storm drainage, street improvements and. streetlights as to whether the
work prescribed herein shall be performed by the City, or by its contractor, or by the
Developer, through its contractor. Each 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 made and.delivered to City by
such date, City shall give Developer certified notice in writing of the failure to malce such
separate election and Developer shall have thirty (30) days to make a separate election.
If Developer should not respond within thirty (30) days, it shall be conclusively presumed
that thy, Developer has elected that such work be performed by the City in accordance
with all of the terms of this agreement.
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2. The Developer agrees to indemnify and save harmless the City, its agents and
employees from all suits, actions or claims and from A liability and damages for any and
all injuries or damages sustained by any person or property as a consequence of any
neglect in the performance of this agreement by the Developer; and the Developer shall
further so indemnify and be responsible for all damages or injury to property of any
character occurring during the prosecution of this agreement and resulting from any act,
omission, neglect or misconduct on its part in the mariner or method of constructing the
facilities or improvements specified hereunder: or from failure to properly execute work;
or from defective work or materials.
Baptist Foundation of Texas, llai-k Glen Boulevard
Page 14 ol'20
3. Developer covenants and agrees that it discriminates against no individual
involving employment as prohibited by the:terms of Ordinance No. 7278 (as amended by
Ordinance No. 7400), an ordinance. prohibiting. discrimination in employment practice
because of race, creed, color, religion, national origit;. (except for illegal. aliens), sex or
age, unless sex or age is a bonafi.de occupational qualification, subcontractor or
employment agency, either furnishing.or referr:rrg. applicants to such Developer. any j
agent of Developer is discriminating against any individual involving employment as
prohibited by the terms of such Ordinance No. 7278 (as amended by Ordinance
No. 7400).
I. Developer agrees that the City shall, until the expiration of three (3) years after final.
payment under any construction contract awarded. hereunder, have access to and the right to
examine and photocopy at its sole expense. any directly pertinent books, documents, papers and
records of Developer involving transactions relating to this contract. Developer agrees that the
City shall have access during normal working. hours to necessary Developer facilities and shall
be provided adequate and appropriate:work space in order°to conduct audits in compliance with
the provisions of this section. City shall give Developer reasonable advance:notice of intended
inspections.
Developer further-agrees to include in all its construction contracts.related to this contract
a provision to the effect that the general contractor agrees that the.City shall, until the expiration
of three (3) years after final payment under its contract, ;nave.access to and'.the right to examine
and photocopy at its sole expense any directly pertinent books, documents, papers and records.
of such contractor, involving transactions to the construction contract, and,further, that the City
shall have access during normal working hours to all construction contractor facilities and shall
be provided adequate and appropriate work space: in order to conduct audits in compliance with
the provisions of this paragraph. City shall give.the construction contractor reasonable.advance
notice of intended audits.
J. City agrees that it will provide up to the sum of $2,702,500 for the design and
construction of Park Glen Boulevard as a City thoroughfare from its intersection at IH-35 to
Harmon Road upon the following terms and conditions:
1. Developer will dedicate to the City a street right-of-way for Park Glen Blvd. 120
feet in width from IH-35 to Harmon Road upon the tenns as are usual and/or required..by
the City of Fort Worth, pursuant to its ordinances and customs for such real estate
development;
?. The dedicated right-of-way shall encompass a water line easement heretofore
granted on the property belonging to the Developer and which is located between III-35
and Harmon Road as above referenced. If the final design of the. infrastructure
improvements require minimal additions to rights-of way or utility easements, Developer
shall provide them through dedication at no additional expense;
Baptisi Foundation of Texas, P',.,rk Chen Boulevard
hi-le 15 of 20
ii
3. Road, construction shall be steet-reinforced concrete, four lanes in width, and
divided by an. esplanade or median;. The' right-of-way as provided is intended f6r and
adequate for construction of two additional traffic lanes for Park Glen Boulevard.
4.
Costs of construction may include arnong other things on-site water line, sanitary
sewer, curbs, gutters,.street drainage, signage,installation:of landscaping and/or irrigation,
and fighting; costs of design, may include, all reasonable fees incurred for planning and
design.
K. Contemporaneously with the execution of the first construction contract, Developer shall
remit to the City the sum of$235,350. Developer shall retain $235,350 to be applied to the last
accruing project cost, it being understood that the last $235,350 is part of the $2,702,500' cost
detailed in footnote I of[I.E. above.
L. Developer shall dedicate to the City by deed one acre of land located approximately 600
feet north of the intersection.of Hicks Road and Hannon Road abutting Harmon Road op.the east
and approximately 220 feet E-W by 200 feet N-S for a future water storage tank to be placed
thereon by the City as shown on ExI-dbit D-attached hereto.
Storage tank design and construction will be at no cost to Developer;
2. Tank. will be an elevated, modified, single pedestal tank similar to the attached
Exhibit E;
3. Height of tank will be approximately 130 feet from ground l=ine to top of tank;
4. Color of tank shall be earth. tones to be agreed upon by Developer and City;
5. Construction of the storage tank will be completed within 24 months from the date
this agreement is executed.
6. City will install a cyclone fence around the water tank site and will plant,
adequately Irrigate, and maintain arnple shrubbery along the fence lines, but not the fence
line facing the roadway, for shielding
, said property. Any parking or storage, areas within
the one (1) acre premises used for storage or parking shall be concrete and items placed
thereon shall be shielded from exterior view from the landscaped sides.
Nil. After completion of Park Glen Boulevard City will permit north-south sufficient and
permanent traffic access across the Developer tract including crossing of Park Glen Boulevard
connecting the north and south extremes of the Developer tract at a minimum of two locations;
at least one of said roadways shall be at a site to be mutually agreed upon east of the creek, upon
the property and other crossings of Park Glen shall be west of said creek in such number and
location as is normally permitted by the City for such developments.
Baptist Foundation or Texas, Park Glen Boulevard
Pa-e 16 of 20
N. To the extent possible, there will be minimum disruption of the remainder of the tract and
all reasonable effort will be made to accommodate access during construction. City will permit
adequate median and curb cuts along Park Glen Boulevard as may be requested and which would
normally be permitted --.-er ordinances as they may exist at the time of development for
development of and handling traffic on Developer's tract.
O. Developer, at its sole cost and expense, shall provide technical data prepared by a
Professional Engineer in support of a Floodplain Development Permit. The permit may be for
channelization, fill or a combination thereof. City agrees to timely review all information, before
commencement of construction. Upon completion of the approved construction program,
Developer, at its sole cost and expense, will prepare and submit the necessary application and
technical documentation in support of a Letter of Map Revision to Federal Emergency
Management Agency (FEMA). Developer shall bear all expenses in preparing the necessary
documentation and the City assumes no responsibility of assuring the map amendment application
will be authorized by FEMA.
If construction of Park Glen Blvd. commences prior to the issuance of a Floodplain
Development Permit, Developer shall coordinate the technical information necessary to minimize
construction cost for the necessary creek crossing. Developer shall approve all creek crossing
designs in this instance, which approval shall not be unreasonably withheld.
P. Under the extension policies of the City as they may exist at the time of development,
City will permit Developer or its successors sufficient water connections to the Northside III
water main located on the property within the Park Glen Boulevard right-of-way, or as may be
located elsewhere upon the property, to service the whole property adequately with water for its
development. Developer shall have the right, until the completion of the Northside III line to
make such water connections off the Northside 11 water line as may be necessary in Developer's
judgment. City agrees to waive all front foot charges and User fees in exchange for the granting
of the easement. Nothing herein, however, shall be construed to prohibit the collection of service
tap fees and impact fees when otherwise due.
Q. City will provide to Developer, at the cost of Developer or its successors, access to the
nearest sewer line located approximately )-3 1/2 miles southeast of Park Glen Boulevard and east of
11-1-35W. The line is an existing, 24 inch sanitary sewer and is sufficient to serve the whole
Developer property. The extension of sewer service shall be in accordance with a CFA as would
normally be permitted under ordinances as they may exist at the time of the extension of the
sewer service and without upsizing costs to Developer.
R. Construction of the Water Tower and the 24"Northside III Water Transmission Main that
is to be constructed by the City shall be cornpleted and operational within 2 years from the date
hereof. Developer shall have the right to make water connections to the above referenced water
main as required by the Developer to service its whole property adequately with water for the
development. The City agrees to waive any an all pro-rata costs including "front foot" and "user"
chargers for connection to this line by the Developer. In the event that the Developer needs
water prior to the completion of this 24-' water line, the City will allow the Developer to tap the
Baptist Foundation of Texas, Park Glen Boulevard
Palle 17 of 20
Zl
existing 36" Northside 11 water transmission main as a temporary water service supply. Nothing
herein, however, shall be construed to prohibit the collection of service tap fees and impact fees
when otherwise due.
S. Developers engineer will provide a metes and bounds survey of the Park Glen Boulevard
right-of-way, the water tower property, and any additional easements and/or rights-of-way herein
referenced, at the expense of the City.
T. Provided that Developer is not in default of its obligations under this Contract, Developer
shall receive in payment of its performance hereunder an amount equal to the sum of the amounts
specified in this Agreement as set forth in Section IV. U. hereof as follows:
Developer shall, by the tenth (10th) day of each calendar month during the term of this
Contract, submit to City for its approv;4 a written application for payment showing in complete
detail the amount payable to Developer for work completed and material's supplied by Developer,
its contractors, and subcontractors during the immediately preceding calendar month, less a five
Pei-cent (5%) reserve. The application for payment shall be accompanied by a certification by
Developer as to (i) the total amount of work performed and/or materials supplied by Develope-C
its contractors and/or any subcontractor, (ii) the total amount of all previous payments from City
to Developer, (iii) the total amount of all previous payments from Developer to each contractor
and subcontractor, ()v) the total amount charged for overhead and profit, and(v) the total amount
of the aforesaid reserve. Payments due to Developer shall be made by City within thirty (30)
days after submission of each application and supporting documentation.
Upon receii,+ of each payment hereunder, Developer shall promptly pay the applicable
contractors and subcontractor(s) for any labor furnished or materials supplied in an amount
proportionate to the work completed,.or materials supplied,by such contractor or subcontractor(s).
Payment of the reserve shall be made to Developer within thirty (30) days of the issuance
of a certificate of completion.
U. In the event the total of all contracts to be awarded hereunder for the construction of Park
Glen Boulevard as contemplated herein exceed the sum of $2,702,500, Developer shall pay all
amounts necessary to complete construction up to $405,375. If the total of all contracts to be
awarded hereunder for the construction of Park Glen Boulevard as contemplated herein exceed
the SLIM of$3,107,875. City shall be responsible for the additional costs in excess of$3,107,875.
V. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas.
W. The City's Policy for the Installation Of Community Facilities, as adopted by the City
Council on September 1992. is hereby incorporated herein by reference, and Developer covenants
and agrees to comply with said Policy as a condition of this contract and as a condition to the
platting of the subject property. Any conflict that may exist between the Policy and this
Community Facilities Agreement, the latter will prevail.
Baptist Foundation of Texas. Park Glen Boulevard
Page 18 of 20
e Memorandum of Understanding between the parties
�. Attached hereto is a copy of the � P
which is incorporated herein for all purposes; in any conflicts which may exist between the
Memorandum of Understanding and this Community Facilities Agreement,the latter shall prevail.
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 Q��! 19V
�I
Baptist Foundation of Texas, Park Glen Boulevard
Page 19 of 20
ATTE T: CITY OF FORT OR.T TEXAS
f
1 -?�-- By:
dioria Pearson Aike Groomer I
City Secretary Assistant i.ity Manager
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APPROVED AS TO FORM AND
LEGALITY:
S?gE2kz-----, Y.eg
Gary J. S inberger
Assistant City Attorney
ATTEST: BAPTIST FOUNDATION OF TEXAS
By:
ret Y Lynn Crresident
Contract Authorization
Date
Baptist Foundation of Texas, Park Glen Boulevard
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CITY WATER DEPA, Rxhibit "D"
FORT WORTH.. TEX-AS
EXHIBIT FOR LAND ACQUISITON FOR FUTURE
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City of Fort Wo p e.Kas
DATE REFERENCE NUMBER LOG NAME PACE
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�� , BAPT{BT 1 of 2
1119199 -17226 _ _
sl1BJECT APPROVAL OF COMM'UN4 FACILITIES AGREE T WITH THE BAPTIST
FOUNDATION OF TEXAS
REC0IVMEI DATIQ_N:
It is recommended that the City Council authorize the City Manager to execute a. community facilities
agreement with the Baptist Foundation of Texas as described below.
DISCUSSION:
On July 18, 1995 (M&C L-11597), the City Council approved the award of the special commissioners in
Cause No. 348-159205-95, The City of Fort Worth and the State of Texas v Baptist Foundation of
Texas. The award resulted from the condemnation of approximately nine acrc�¢s of the Foundation's
property for construction of the 1-35W interchange at Hillwood Boulevard (now. Park Glen Boulevard).
The City deposited the award with the court and proceeded.with the construction. The Foundation filed
objections to the award and appealed to district court.
After the completion of pre-trial discovery and extensive negotiations, the City and the Foundation
agreed to settle the litigation. The terms of settlement of the case are set out in a Memorandum of
Understanding, the terms of which were considered and approved by the City Council on June 16, 1998
(M&C C-16832).
The terms of the community facilities agreement generally include:
A. A commitment by the City of $2,702,500 for design and construction of Park Glen Boulevard.as
a City thoroughfare from 1-35W to Harmon Road. If the commitment is exceeded., the
Foundation will pay up to $405,375 of the excess costs.
B. The Foundation will be responsible for the first $235,350 of construction of the contemplated'
facilities. The Foundation also will be responsible for the last $235,350 of construction of the
contemplated facilities.
C. The Foundation will dedicate 120 feet of right-of-way for the construction of Park Glen
Boulevard, as well as permanent and temporary construction easements for water mains.
D. The Foundation will dedicate a site for an elevated water storage tank and easements for
necessary water lines to the tank.
E. The Foundation, at its cost, may bring sanitary sewer to its property under the then existing..City
policies.
F. Any cost savings for the design and construction of Park Glen Boulevard will be shared 50/50
w I between the City and the Foundation.
C4 of Foil orth. Texas.
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DATE REFERENCE NUMBER LOG NAME PAGE
1/19199 "C-1722-6 12BAP'TIST' =20f
SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH THE BAP'T1ST"
FOUNDATION OF TEXAS
FECAL INEORMATIONLCERTIFICATION
The Finance Director certifies that funds are available-in the errant capital budget, as appropn u
the Commercial Paper Water and Sewer Funds and the Street Light and Signal Improvements Fund.
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Submitted for City Manager's 6`UNI) ACCOUNT CENTER i r6M0 UN T �CM SECRETARY
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( Nike Groomer 6140 ! ;-�'��P VE
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Originating Department Read=
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Wade Adkins 7623 (from) ��"� Jq
(; E PW77 539140 0607701546(90 1 S 1065,0440.00
i Additional Information Contact. k P846 ----5-39140 3 070460134660 $2,53%590,75
PS46 ! 531350 0304601W60 S 6jZ2.6 15 '
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PW77 531 350 0307707-54+"390 S 2,120-80'
Wade Adkins _ 7&23 a 01"12 541200 541200 _�5S49,528,00