HomeMy WebLinkAboutContract 9096COMMUNITY FACILITIES AGREEMENT
C1.TY SECRETARY
STATE OF TEXAS DUE,W-T
COUNTY OF TARRANT X
WHEREAS, 820 Industrial and Commercial Park, Ltd.,
a partnership of Tarrant County, Texas, hereinafter called "Developer",
desires to make certain improvements to Lots 1 and 2, Block 2, 820
Industrial and Commercial Addition to the City of Fort Worth, Texas, and,
WHEREAS, the said Developer has requested the City of
Fort Worth, a municipal corporation of Tarrant County, Texas, hereinafter
called "City", to do certain work in connection with said improvements;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That said Developer, acting herein by and through S.G.
Payte, its duly authorized Partner,rand the City of Fort Worth, acting
herein by and through R. N. Line, its duly authorized City Manager, for
and in consideration of the covenants and agreements herein performed and
to be performed, do hereby covenant and agree as follows, to —wit:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
WATER AND/OR SANITARY SEWER FACILITIES
A. The City agrees to install, by contract or otherwise; in accordance with
its accepted practices, ordinances, regulations, and the provisions of the
City Charter, and subject to the requirements of the City's Policies and
Regulations for Installation of Community Facilities, all as current at the
time of installation:
WATER FACILITIES to serve the lots as shown on the attached Exhibit B ,
and SANITARY SEWER FACILITIES to serve the lots as shown on the attached
Exhibit B , all in accordance with plans and specifications to be pre-
pared by the Engineering Division of the Water Department, or by private
engineers employed by the Developer and approved by the Water Department.
B. The City agrees to install, at Developer's expense, at the time all other
water mains in this addition are installed, a service line for each lot as
shown on the attached Exhibit B The estimated cost of these service
lines is $Not Included The City agrees to record the location of each said
service lines in respect to the corner of the lot served, and to retain
said records in its possession.
C. The construction cost of the water facilities herein concerned, exclusive
of service lines and engineering, is estimated to be Thirty -Three Thousand
Dollars ($33,000 ).
D. The City agrees to install, at Developer's expense, at the time all other
sanitary sewer mains it) this addition are installed, a service line for
each lot as shown on the attached Exhibit B The estimated cost
of these service lines is $Notlncluded. The City agrees to record the loca-
tion of each said service line in respect to the corner of the lot served,
and to retain said records in its possession.
E. The construction cost of the sanitary sewer facilities to be installed
hereunder, exclusive of service lines and engineering, is estimated to be
Seventeen Thousand Dollars ($17,000 ).
F. Prior to the award of the construction contract by the City, or the commen-
cing of any work by the City or its contractors, the Developer agrees to
pay to the City:
(1) (a) Front foot charges for water service to all
lots shown to be served on Exhibit B ; and
(b) Front foot charges for sanitary sewer service
to all lots shown to be served on Exhibit
B ; and
(c) All approach water main costs, less 25 per-
cent of prepaid front foot charges under (a)
above, and less any credit for main sizes in
excess of 16" mains; and
(d) All approach sanitary sewer main costs, less
25 percent of prepaid front foot charges
under (b) above, and less any credit for main
sizes in excess of 24" mains.
(e) One hundred percent (100%) of the costs of all
on -site water and sanitary sewer facilities.
1
(2) An additional ten (10) percent of the total of the
Developer's cost of these water and sanitary sewer
facilities, exclusive of cost of service lines,
for design engineering, if such engineering is
performed by the City. This charge will be waived
if private engineers employed by the Developer and
approved by the Water Department perform the de-
sign engineering.
(3) One Hundred (100) percent of the cost of all ser-
vice lines, estimated under 1-B and 1-D above, in
accordance with the provisions of the current Fort
Worth City Code.
G. The distribution of estimated construction cost between the City and the
Developer, as per paragraph 1-F above, for all water and sanitary sewer
facilities to be constructed hereunder is estimated as follows:
(1) Water Facilities:
Estimated
Estimated Developer Total
City Cost Cost Cost
(a) Mains: Within Development -0- $33,000* $33,000
(all on -site (@ 100% developer cost) Frnt Ft Chgs
Approach
(b) Services (Not Included)
Sub -Totals, Water -0- $33,000 $33.000
(2) Sanitary Sewer Facilities:
(a) Mains: W'i.thi Development
$ 4,377
$ 7,623
$12,000
(1694 frnt ft�
Frnt Ft Chg s
On -Site Sewer
-0-
2,000
2,000
Approach
1,906
1,094
3,000
(b ) Services (Not included)
Sub -Totals, Sewers
$ 6,283
$10,717
$17,000
Grand Totals
$ 6,283
$43,717
$50,000
This on -site water construction is proposed in two phases, with Phase I
estimated to cost $5,300 and Phase 2 estimated to cost $27,700.
1-2
H. The above charges do not include any "per connection" charges for connec-
tion to existing or proposed sanitary sewer mains constructed or to be coin--
structed under the provisions of the "APPROACH MAIN OPTION" as described in
Sub -Paragraph (3), page IV-7 of the Policies and Regulations for. "INSTALLA-
TION OF COMMUNITY FACILITIES" adopted January 1, 1972. These additional
charges are as follows:
Not applicable to this Contract X
Applicable to this Contract in the amount of
Ordinance No.
dated
by
When water facilities are installed by contract, installation of water ser-
vices will be included as part of the contract. Installation of meter
boxes on those services will be done by the City, after completion of con-
struction of all relative curb and gutter work on the water facilities pro-
ject site, at 4 cost of $30 per contract -installed service, such meter box
installation charge to be due and payable prior to issuance of a Work Order
on the water facilities installation contract.
I. Within a reasonable time after completion of the above referenced facili-
ties to be constructed by the City or by contract awarded by the City, and
their acceptance by the City Council, the City and Developer agree to an
.adjustment of the Developer's payment as set out in 1-F and 2-G herein -
above, so as to conform said payment to actual construction costs and
actual service costs under the provisions of the current Fort Worth City
Code, (said adjustment to be calculated as payment in 1-F and/or 2-G
above), but based on actual quantities as reflected in the final estimate
paid to the Contractor by the City, and/or in the event any portion of the
facilities are installed by City forces, on the actual records of cost,
kept by the City as a part of its customary procedures. In the event the
difference in the deposit and the actual costs exceeds $25, Developer
agrees to pay to the City any underpayment which said adjustment might in-
dicate as being due, and the City agrees to refund to Developer any over-
payment, said refund to be made only after all facilities required under
all sections of this agreement have been completed to the satisfaction of
the City.
It is 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:
L. Robinson, Director, Water Dept.
Date:
1-.3
STORM DRAINAGE AND STREET IMPROVESIENTS
A. STORM DRAINAGE IMPROVEMENTS:
1. The Developer agrees to dedicate a temporary drainage easement
encompassing the existing drainage channel located in Lot 2,
Block 1, 820 Industrial and Commercial Addition, as shown upon
the attached Exhibit "A".
2. The Developer agrees to place upon the plat for this Addition
the following statement;
"No Building Permit shall be issued for Lot 2, Block 1,
820 Industrial And Commercial Addition until such time as
construction plans and specifications for the permanent
improvements to the drainage channel on said Lot have
been approved by the Public Works Director, and arrange-
ments have been made for the installation of same."
The Developer agrees to install or cause to have installed,
the above said storm drainage facilities in accordance with
plans and specifications to be prepared by the Developer's
engineer and as approved by the Public Works Director.
3. The Developer hereby agrees and binds itself to provide all
necessary easements required to construct and/or outfall the
storm drainage system to locations as approved by the Public
Works Director.
B. STREET IMPROVEMENTS:
The Developer hereby agrees that, when curb, gutter, and additional
pavement are constructed along the South Service Road of III 820 as
shown on Exhibit "A" he will pay the legally Assessed Fees.
Recommended:
?Jack M. Graham, P.E.
Public Works Director
Based on Policy Effective
December 6, 1976
II-2
III
STREET LIGHTS
1 City agrees to install or to cause to be installed, or the developer agrees to cause
to be installed, street lights at the approximate locations shown on the attached
plat marked Exhibit "C", said street lights to be installed in accordance with plans
and specifications to be agreed to by the Traffic Engineering Department.
2, The developer's cost of said street lights is estimated to be $ 1.800.00
3.. In the event the City is to install or cause to be installed the street lights shown
on the attached plat marked Exhibit "C", the developer hereby agrees to pay to the
City an amount equal to the estimated cost as stated in Paragraph 2 above within 15
calendar days after being notified to do so in writing by the Director of the Traffic
Engineering Department. Within a reasonable time after completion of the installation
of street lights, the City and developer hereby agree to adjust the developer's payment
so that it is equal to the final construction cost, provided the difference is in ex-
cess of $25.00; however, the City shall not make any such refund until all facilities
required under all sections of this agreement have been completed to the satisfaction
of the City.
4. The City agrees to furnish all field engineering and construction inspection of the
street light installation.
5. The developer agrees to furnish and/or dedicate all necessary easements, on property
owned by the developer, required for the installation of said street lights.
6. In the event the developer employs his own contractor to install the street lights,
the conditions set out in Section IV, Paragraph H hereof shall apply. In this event,
the developer agrees to complete the installation of the street lights within 90
calendar days after having been instructed to do so in writing by the Director of
the Traffic Engineering Department.
1: It is understood that the developer is expected to install the street lights accord-
ing to his schedule for development, but that the developer agrees to install such
street lights, or pay the City for such street lights, as the Director of the Traffic
Engineering Department deems necessary for the proper and orderly development of the
area,
8. The City will pay one-half the cost of the arterial street lights in the amount of
$1800.00. This sum is not included in the total above.
Lot 1 Block 1 and
Lots 1 & 2 Block 2
820 Industrial Addition
Fort Worth, Texas
RECOMMENDED:
Gary L. Sa terre
Traffic ineering
Director
IV.
GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the developer shall employ
a civil engineer, licensed to practice in the State of Texas, for the design and
preparation of plans and specifications for the construction of all facilities
covered by this contract, subject to paragraph B.
B. For any project estimated to cost less than $6,000, or for any project designed
to serve a single lot or tract, the developer may at his option request the City
to provide the design engineering, and if such request is granted the developer
shall pay to the City an amount equal to 10 per cent of the final construction
cost of such project.
C. In the event the developer employs his own engineer to prepare plans and specifi-
cations for any or all facilities, the plans and specifications so prepared shall
be subject to approval by the department having jurisdiction. One (1) reprodu-
cible set of plans with 15 prints and 35 specifications for each facility shall
be furnished the department having jurisdiction. It is agreed and understood
that in the event of any disagreement on the plans and specifications, the
decision of the Public Works Director, Traffic Engineering Director, and/or Water
Department Director will be final.
D. It is further agreed and understood by the parties hereto that upon acceptance by
the City, title to all facilities and improvements mentioned hereinabove shall
be vested at all times in the City of Fort Worth, and developer hereby relin-
quishes any right, title, or interest in and to said facilities or any part
thereof.
E. The life of this contract shall be five (5) years and it is understood that any
obligation on the part of the City to make any refunds hereunder shall cease
upon the expiration of five (5) years from the date of execution of this contract,
except for refunds due from "Per connection charges" on sanitary sewers and from
"front foot charges" on water mains, both of which refunds may continue to be made
for a period of ten (10) years after the date hereof, as elsewhere provided herein.
It is understood by and between the parties hereto that any of the facilities or
requirements included herein to be performed by developer not completed within
the five (5) year period, may be completed by the City at the developer's expense,
and the City of Fort Worth shall not be obligated to make any refunds due the
developer on any facility constructed under this agreement until all provisions
of the agreement are fulfilled.
IV-1
F. Performance bonds, certificates of deposit, letters of credit or cash
deposits are required for streets, storm drains and street lights, and must
be submitted prior to execution of the contract foi installation of
community facilities by the City. The bonds should be standard performance
bonds as provided by a licensed surety company on forms provided by chat
surety company; a cash deposit may be made in the Treasury of the City of
Fort Worth; or a certificate of deposit or letter of credit may be from any
financial institution in Fort Worth which is insured by the Federal Deposit
Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
The City of Fort Worth cannot pay interest on any deposit made hereunder in
the Treasury of the City of Fort Worth. When the option is exercised to
provide a certificate of deposit in a financial institution, the following
terms and conditions shall apply:
(a) The developer shall execute four copies of a letter assigning the
deposit to the City of Fort Worth and providing for the City to
withdraw the deposit if necessary to complete construction.
Such letter of assignment must be accepted in writing by the
financial institution.
(b) Upon satisfactory completion of the facilities for which the deposit
is made as security, the City of Fort Worth shall reassign the
deposit to the developer, including accrued interest or dividends
thereon, upon express order of the City Manager.
When the option is exercised to provide a letter of credit from a financial
institution, the form of the letter shall be approved by the Department of
Law. The international letter of credit form used by banks is normally
acceptable.
Bonds, Letters of Credit or Deposits will be furnished for:
(a) 100 percent of the estimated developer's share of the cost of the
storm drains.
(b) 20 percent of the estimated developer cost of streets for amounts
between $0 and $25,000 or
$5,000 plus 15 percent of the estimated developer cost for amounts
between $25,000 and $50,000 or
$8,750 plus 10 percent of the estimated developer cost for amounts
between $50,000 and $100,000 or
$13,750 plus 5 percent of the estimated developer cost for amounts
over $100,000.
(c) 100 percent of the developer's share of the cost of the street lights.
(d) A cash payment of the developer's share of the project is required
prior to initiation of construction for water and sanitary sewer
facilities.
(e) A cash payment or certificate of deposit is needed for that portion
of developer's share of border streets that cannot be assessed.
IV-2
G. This contract, any part hereof, or any interest herein shall not be assigned by
developer without written consent of the City Manager, and it is further agreed
that such written consent will not be granted for the assignment, transfer,
pledge and/or conveyance of any refunds due or to become due to developer except
that such assignment, transfer, pledge and/or conveyance shall be for the full
amount of the total of all such refunds due or to become due hereunder.
H. On all facilities included in this agreement for which the developer awards his
own construction contract, the developer agrees to follow the following procedures:
(1) If the City participates in the cost of the facilities, the construction con-
tract must be awarded after advertising in a local newspaper at least one
time not less than Lwo weeks prior to the date of receipt of sealed bids as
required by State statutes prescribing regulations for contracts for public
work. The sealed bids must be opened in the presence of a representative of
the City.
(2) To employ a construction contractor who is approved by the Director of the
department having jurisdiction over the facility to be so constructed, said
contractor to meet City's requirements for being insured, licensed and bonded
to do work in public streets, and to be qualified in all respects to bid on
public projects of a similar nature.
(3) To require the contractor to furnish to the City payment, performance and
maintenance bonds in the name of the City for 100 per cent of the contract
price of the facility, said bonds to be furnished before work is commenced.
To further require the contractor to provide public liability insurance.
(4) To give 48 hours notice to the department having jurisdiction of intent to
commence construction of the facility so that inspection personnel will be
available; and to require the cotiLractor 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 unle::, 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.
(5) To secure approval by the Director of the department having jurisdiction of
any and all partial and final payments to the contractor, said approval is
made, in accordance with requirements of this agreement, and is not to
constitute approval of the quantities on which payment is based.
(6) To delay connections of buildings to service lines of 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.
(7) It is expressly understood by and between the developer and the City of Fort
Worth, that in the event the developer elects to award one single construc-
tion contract for all facilities, water and sanitary sewers, storm drainage
and pavement, shall be separated in the bidding and City participation, if
any, shall be limited to the lowest possible combination of bids as if each
of the above were awarded as separate contracts.
IV - 3
I. 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 and street improvements and
street lights as to whether the work prescribed herein shall be per-
formed by the City, its Contractor, or by the Developer's Contractor.
Each such separate election shall bL- made in writing and delivered to
City no later than six (6) months prior to the expiration of this
agreement. In the event any of such separate elections has not been
so made and delivered to City by such date, it shall be conclusively
presumed that the Developer has elected that such work be performed
by the City in accordance with all of the terms of this agreement, and
in particular Paragraph IV-F hereof.
(2) Irrespective of any such election and whether the work is to be per-
formed by the City, its Contractor or by the Developer's Contractor,
the Developer covenants and agrees to deliver to the City a perform-
ance bond or a cash deposit in lieu thereof in accordance with the
provisions of Paragraph IV-F of this agreement.
(3) In addition to the bond or deposit required in the preceding paragraph,
in the event Developer elects that the work be performed by the City,
or its Contractor, or such election is presumed as provided above, the
Developer covenants and agrees to pay to the City his share of the
estimated construction costs. The amount of such estimated payment
shall be computed as set out in Sections I, Il and III hereof, based
upon the lowest respULIsible bids for such work as determined by City,
or upon a cost estimate for work to be performed by City forces pre-
pared by the City, as appropriate, and shall be subject to adjustment
to actual costs upon final completion of the subject. Such estimated
payment shall be made promptly upon demand by City, it being comtemplated
that such payment will be made after the receipt of bids for the work but
in every case prior to the award of any construction contract, unless
otherwise specifically set out herein.
(4) Developer further covenants and agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the City, its offi-
cers, agents and employees from all claims, suits or causes of action
of any nature whatsoever, whether real or asserted, brought for or on
account of any injuries or damages to persons or property, including
death, resulting from, or in any way connected with, this agreement,
or the construction of the improvements or facilities described herein;
and in addition the Developer covenants to indemnify, hold harmless and
defend the City, its officers, agents and employees from and against all
claims, suits, or causes of action of any nature whatsoever brought for,
or on account of any injuries or damages to persons or property, includ-
ing death, resulting from any failure to properly safeguard the work or
on account of any act, intentional or otherwise, neglect or misconduct
of the Developer, its Contractors, Subcontractors, agents or employees.
IV-4
(5) Developer covenants and agrees that it discriminates against no
individual involving employment as prohibited by the terms of
Ordinance No. 6842, an ordinance prohibiting discrimination in
employment practice because of race, creed, color, religion,
national origin (except for illegal aliens), sex or age, unless
sex or age is a bona fide occupational qualification. Developer
further covenants and agrees that no labor organization, sub-
contractor or employment agency, either furnishing or referring
applicants to such developer, nor any agent of developer is dis-
criminating against any individual involving employment as pro-
hibited by the terms of such Ordinance No. 6842,
J. The attached Exhibits A, B, and C
part hereof for all intents and purposes.
are made a
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 tl instrument in quadruplicate,
at Fort Worth, Texas this the �{� day of �„ n N -Ili , 19�.
ATTEST: CIT OF FORT TH, TEXAS
Q 400vu
O
PVo o=d
a�4 TEXA5oa
dbanuoo
Ja6lipw. Green, City Secretar'�) R. N. Line, &i-ey Manager
APPROVED AS TO FORM AND LEGALITY:
40
?_Aao
S. G. Johndroe, Jr., City Attorney
DEVELOPER:
820 Industrial and Commercial Park, Ltd.
i'
By: S. G. Payte�
Partner
AP -PROVED BY CITY COUNCIfs
Ci y aft.
I�
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
IV-5
APPEINDIX "A"
SUMMARY
Cost Estimates for
Lots 1 and 2,
Block 2, 820 Industrial and Commercial Park
Pokformanr_e Bonds
Developer's
C.ity's
Total.
Letter of Credit
Construction
Construction
Construction
C.D.'s or
Section
Cost
Cost
Cost
Escrow
Section I
Dater
$33,000
- 0 -
$33,000
_0-
Sewer
10,717
6,283
17,000
-0-•
Section II
Storm Drains
Interior Streets
Border Streets
Section III
Street Lights
_ 1,800 J
1,800
3,600
�y 1,800
TOTALS
$45,517
$8,083
$53,600
$1,800
* Non refundable deposit for assessments as outlined in Section i.I
(Performance Bonds and Letters of Credit are unacceptable)
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