HomeMy WebLinkAbout016477 - Construction-Related - Contract - Perot Investment Partners Limited�, /
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COP�MUNITY FACILITIES AGREEMENT
STATE OF T�XAS §
COUNTY UF TARRAf�T §
CITY SECRETARY.
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WHEREAS, Perot Investment Partners Limited hereinafter called "Developer",
desires to make certain improvements to Northport Flddition/South Airport Access
Road and Keller-Haslet Road Upgrade, an addition to the City of Fort Worth,
Texas; and
WHEREAS, the said Developer has requested the r;ty 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 I�IEN BY THESE PRESENTS:
That said Developer, acting herein hy and through H. Ross Pero�t, Jr., its duly
authorized Managing Partner, and the City, acting herein by and through David A.
Ivory, its duly authorized Senior Assistant City Manager, for and in
consideration of the covenants and agreements herein performed and to be
performed, do hereby convenant and agree as follows, to-wit.
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Northport Addition
South Airport Access Road and
Keller-Haslett Road Upgrade
Water and Sanitary Sewer Facilities required for this
portion of the Northport Addition will be installed under
a separate Community Facility Agreement or Agreements.
RECOMMENDED:
,�.��j.�c� �u.v�+
Richard W Sawey, Director
Water Department
Date: (��3�� 7
Z-1
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II
STREET AND STORM DRAIN IMPROVEMENTS
A. GENERAL PROVISIONS:
1. The Developer acicnowledges that he has complied with Article
104.100 of Ordinance 7234 and hereUy relieves the City of any
responsibilities for any inadequacies in preliminary plans and
cost estimates supplied for the purpose of this contract and
further agrees that he will comply with the Subdivision Ordi-
nance, City Plan Commission Rules and Regulations, and Policy for
Installation of Community Facilities and all applicable policies,
rules, regulations and ordinances of the City regarding develop-
ment.
2. The Developer agrees to install or cause to have installed, the
storm drainage facilities improvements shown on the attached
Exhibits "A" and "A-1", in accordance with plans and specifica-
tions prepared Uy 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 develup-
ment. On Border Streets, the Developer will be responsible only
for the costs of relocating the utilities, with the City coord-
inating the utility construction. Prior to construction, the
Developer will provide the City a list of a11 utilities that wiLl
require relocating, along with assurance that no conflicting
sL-reet construction will take place until the utility relocation
has been completed. The Developer further agrees that before com-
mencing 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 C�uncil'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
rigYit-of-way and/or easements required to construct the street
and/or storm draivage improvements including any drainage out-
fall, 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 request-
ed by the Developer, the Developer agrees to submit plans and
specifications prepared by an approved Professional Engineer,
registered in the State of Texas, proficient in Civil
Engineering, for the improvemenls required under this agreetnent.
Such plans shall be in compliance with the policies, ordinances,
and rules of the City of Fort Worth, and are subject to approval
CONTRACT FOR: NORTHPORT ADllITION: SOUTH AIRPORT ACCESS ROAD
AND KELLFR-HASLET ROAD UPGRADE
I I-1
by the City Engiaeer. After said plans are approved as witnessed
by the signatures of the City Engineer and of the Deputy Director
of the Water Department, the Engineer shall provide the City one
(1) set of reproducible approved plans, plotted x-sections, and
specifications; and nineteen (19) copies of the plans and eight
(8) sets of the specifications and contract documents (four (4)
une�ecuted, 2 executed and 2 conformed sets). Additional sets of
plans and/or specifications may be required for other departments
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
Worlcs. It is understood that the Developer will initiate the con-
struction of all improvements to conforrn with his own schedule,
except for those improvements which the Transportation and Public
Works Director deems necessary for the proper and orderly deve-
lopment of the area. In the event Developer fails to carry out
any such instructions within the 90-day period, the Ueveloper
gives the City the right to award a contract for the improvernents
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 Spec-
ifications to the satisfaction and approval of the City Engineer
or his represenlative. The 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
accordance with Section 104.100 of City Ordivance 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
V, Paragraph F(3) of this agreement. This bond or deposit will
be conditioned upon the satisfactory compliance by the lleveloper
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 contractural 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 lleveluper sha11 pay the entire
cost of the street and/or storm drainage facilities. `I`he con-
dition set out in "General Requirements," Section V, Paragraph F
of this agreement shall apply.
CONTRACT FOR: NORTHPORT AD)�ITION: SOUTH AIRPORT ACCESS ROAD
AND KELLER-HASLET ROAD UPGRADE
I I- 2
10. In the event the Developer desires City participation and follows
the procedure as set forth in Section IV and V of the Policy For
The Installation of Community Facilities, the City's part-
icipation in the costs shall be as shown in Section II-B, (Street
Improvements) and Section II-C (Storm Drainage Improvements) 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 as may
be indicated in this contract, sha11 be adjusted to equal the
final costs, exce�t that the City shall not Ue obligated to make
any refunds until all facilities required under all sections of
this agreement have been completed to the satisfaction of the
City. No refund of less than $25.00 will be made. In the event
the difference in the deposit and actual cost exceeds $25.00, the
Developer agrees to pay to the City any underpayment and the City
agrees to refund any overpayment to the Developer.
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
stalces for streets and storm drains shall 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 sur-
veying and to checic the accuracy of the surveying aud the con-
formance of the stakes to the approved plans.
Following the setting of line and grade by a private surveyor
hired Uy the developer, the contractor shall give 24-hour notice
to the Construction Engineer so that inspection personnel wi11 be
available. No worlc 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, einployees, 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 spec-
ifications 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 constructed. In
this connection the Developer shall for a period of five (5)
years after the acceptance by the City of the completed con-
struction project indemnify �nd hold the City and a11 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
CONTRACT FOR: NORTHPORT AllllITION: SOUTH AIRPORT ACCESS ROAD
AND KELLER-HASLET ROAD UPGRADE
I I- 3
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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
own expense any suits or other proceedings brought against the
City and its officers, agents, servants aud employees, or any of
thern on accoutit 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.
14, The developer agrees to construct street lights as specified in
Section III of the agreemeut at the same time as streets are
being constructed.
15. In the event that the City awards the construction contract, the
developer will be relieved of all of the foregoing obligations
that relate to or arise in connection with activities that wi11
be controlled by the City.
CONTRACT FOR: NORTHPURT AllDITION: SOUTH AIP.PORT ACCESS ROAD
ANll ICELT ER-IiASLET ROAD UPGRADE
I I- 4
B. STR��T IMPROV�MENTS BY DEVGLOPER:
1. Developer hereby agrees and binds itself to:
a. �xcavate a11 streets, including parkways, to line and grade
established in the approved planso No fill shall be put in
place unless a City of ForL Worth inspector is present and
approves the installation.
b. Require any contractor who will be involved in any earthwork
wiL-hin any future public right—of—way, L-o notify the
Transportation and Public [Jorlcs Department, Construction
Section before any caorlc talces plaee and to require a11
earthworlc to be done I.n accordance �oilh the City of P'ort
�-]orth Standard Specifications to the saLisfaction and
approval of the City Engineer or his representative.
c. Install all necessary storm drainage facilities in accord—
ance with the Transportation and Public �dorks Department's
"Policy Por Storm Drainage racilities".
d. Construct all utilities and services in tlle str.eets to at
least t�vo feet bacic to the curb line prior to Lhe con—
struction of curb and gutter and paving of tlie streets. All
trenches shall be bacicfilled in accordance �oith standard
City specificaLions.
e. Construct concrete curb and �utter on both sides of the
street, unless this agreement specifies otherwise, including
intersectionso Construct concrete driveways to the back of
the wallc line for each lot fronting on the street in accor—
dance with standard City specifications. Construct sidewallcs
if specified in this a�reement.
fe Construct pavement, including subdrains determined to be
required by the City Street Inspector during construction,
on all streets in accordance �vith the approved plans and/or
specificat-ionse
g. Improve border streets at the time of development unless
conditions preclude improvements at that time as determined
by the Director of Transportation and Publlc Works.
h. Construct, at its o4m expense, curb returns at all street
intersections within or adjacent to the area covered by this
agreement.
i. Be responsible for grading the park�vay between the curb
lines and the property lines to elevations required by the
City �ngineer. �
j. Grade all 20' x 20' and 15' x 15' Open Space Easements down
to a height of not more th�n tweiiry—four (24) inches above
ttie top of curU.
Ic. Construct, at it� own expense, curb, �utter, and approved
paving at the following locations as depicted on Exhibit
nA���
CONTRACT FOR: NORTHPORT ADDITION: SOUTII AIRPORT ACCESS ROM
AIVD K�LLER--HASLET ROAD UPGRADE
I I-- 5
. . . . . . . . . . . .. .. .. . . . . . . ... . .. .. .. . � . _ ... . ,_ . >.�. :, 1:. — ar�.....:.Shl�r{1v�ir:Y.da-.a
SOUTH AIRPORT ACCESS ROAD - from the north right-of-way line
of Keller-Haslet Road, northerly an approximate distance of
800 L.F. (including a 300' long, 72' wide bridge) consisting
of a double 26' roadway of arterial grade pavement.
1. The City shall assume all cost and construction responsibi-
lities required of the Developer in connection with the
contract for engineering services concerning access to the
North Fort Worth Airport located at the Tarrant/Denton
County line between IH-35W and SH-156 as set forth in tile
contract for �ngineering Services between Perot Investment
Partners, Ltd. and Albert H. Halff Associates, Inc., said
Agreement being attached hereto as "Contract for Engineering
Services" and incorporated herein for all purposes.
With resgect to costs and construction responsibilities
under the "Contract for �ngineering Services," City shall
be responsible for paywent of such costs up to and not
to exceed the estimated amounts reflected in this Agreement
under the heading of "Design Engineering" and "Special
Services" for storm drains, streets and street lights.
Should the fees for engineering services under said
"Contract for Enginee�ing Services" exceed the amounts
estimated herein for whatever reason, then City shall
not be responsible for the payment of such additional
�� fees unless same are formally approved by the ,Fort Worth
� �ity Council and an amendment to this contract is executed
''by the parties providing for such additional fees.
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CONTRACT FOR: NORTHPORT ADDITION: SOUTH AIRPORT ACCESS ROAD
AND KELLER-HASLET ROAD UPGRADE
II-6
2. Cost Distribution:
a, The City shall bear all of the excess cost of street im-
provements for widths greater than:
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. If the developer constructs a wider street than requested by
the City, there shall be no City participation for the cost
of the extra width. However, in the event a street wider
than forty (40) feet adjacent to single family and duplex
residential or fifty-two (52) feet adjacent to zoning other
than single family or duplex residential is constructed at
the City's request, the City will make the following reim-
bursement to the developer upon completion of the entire
length of street included in this Community Facilities
t�reement .
(1) The reimbursement shall be for the cost of the road
width in excess of forty feet adjacent to residential
(single family or duplex) zoning and fifty-two feet
adjacent to zoning other than single family or
duplexes.
(2) T`he reimbursement due to Item (1) above shall be based
on unit prices actually paid by the Develuper and
approved by the Transportation and Public Works
Director, except that the reimbursement for earthwork
sha11 be established annually based on then current
costs of doing this type of work, as determined by the
City.
c. On streets abutting City park property, the City will pay
tlie cost of one-half of the curb, gutter, paving (including
any base stabilization), and related earthwork adjacent to
the parlc.
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d. All Railroad Crossin�s shall be of type "Rubber Railroad
Crossing" without exception. The City's participation in
railroad crossings shall be in accordance with this
Section. Furthermore, if it is necessary for the City to
condemn Railroad property, t11e developer shall reimUurse the
City the entire cost of the condemnation process including
attorney fees plus any other costs associated with the
right-of-way and or easement acquisition.
e. The City shall pay engineering costs 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 street facilities. However for preparation of
CONTRACT FOR: NORTHPORT AllllITION: SOUTH AIRPOKT ACCESS ROAD
AND KELLER-HASLET ROAD UPGRADE
I I- 7
Cornu�unity Facilities Agreements, the City shall use six
percent (6%) of the estimateci cost of its share of
construction as defined above for design engineering.
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.
See estimate of cotistruction cost, Page II-9.
4. Special Condition:
Community Facility Agreement prepared in conformance with
"Service Plan for Annexed Area" attached to and made part of
Ordinance No. 9914, approved by the City Council on September 15,
1987.
CONTRACT FOR: NORT�iPORT ADDITION: SOUTH AIRPORT ACCESS ROAD
AND ICELLER-HASLET 1ZOAD UPGRADE
I I- 8
4. Estimate of Construction Cost
Item Quantity
2-26' Roadway 500 L.F.
7" Reinforced Concrete
6" Stabilized Subgrade
(Excluding 300' long
72' wide bridge)
Unit Developer
Price Cost
$148.26 $-0-
City* Total
Cost Cost
$ 74,130 $ 74,130
Sub-Total $-0- $ 74,130 $ 74,130
10% Contingencies -0- 7,413 7,413
Total $-0- $ 81,543 $ 81,543
*City's participation due to proposed park site is $ -0- .
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CONTRACT FOR: NORTHPORT ADDITION: SOUTH AIRPORT ACCESS ROAD
AND KELLER-HASLET ROAD UPGRADE
II-9
C. STORM DRAINAGE IMPROVEMENTS:
1. Based upon preliminary engineering design, the
facilities Listed belocv are required. It is
actual sizes, quantities, and costs may vary
engineering is accomplished, and bids are taken.
Description of Work to be Done:
storm drainage
understood that
after detailed
'I�e Developer agrees to install or have installed, the storm
drain system for this project as shown on Exhibit "A-1", attached
hereto, in compliance with all applicable City of Fort Worth
Rules and Regulations and Construction Standards. Furthermore,
the Developer also agrees:
a. to construct all storm drainage facilities and appurtenances
to the line and grade esta'olished in the final plans.
b. to provide sufficient drainage easements for all storm
drainage facilities outside a public right-of-way, llrainage
easements shall be provided along the entire length of the
system to include an outfall condition which is acceptable
to the City Engineer. A detention pond may be provided in
lieu of an adequate outfall with approval by the City
Engineer, llrainage easements along a required outfall
channel or ditch shall be provided until the flowline "day
lights" on natural grade. T'he minimum grade allowed on an
outfall c'nannel 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 (l0U)
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 wi11 be designed to ultimate
land use. If sta�e 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.
CONTKACT FOR: NORTHPORT AllDITION: SOUTH AIRPORT ACCESS KOAD
AND KELLER-HASLET KOAD UPGRADE
II-10
2. 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 sha11 pay
twenty-five percent (25%) of the difference in construction
cost between a sixty inch pipe and any larger pipe size.
There will Ue no City participation in the cost of any
trench and/or channel excavation, manholes, inlets, lead
lines, headwalls, and/or any other items to complete the
system.
c. Where a lined channel is constructed, the City's participa-
tion shall be as follows:
a. Twenty-five percent (25%) of the cost of concrete lin-
ing iu place provided the bottom of the channel is
lined with concrete or consists of natural solid rock.
b. Twenty-five percent (25%) of the cost of gabion lining
provided that the channel Uottom is lined either with
concrete or gabion; and/or the bottom of the channel
consists of natural solid rocic.
c. There shall be no City participation in the cost of any
trench excavation, right-of-way, inlets, manholes,
guard rail, rip-rap, seeding, sodding and/or any other
appurtenances necessary to complete the drainage
facilities.
d. Where a Uridge 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) iuches in diameter, area-wise, there shall
be no City participation.
2. Where the system is larger than a pipe of sixty (60")
inches in diameter or is of some other shape with a
cross sectional area of more than 19.6 square feet, the
City shall base its share of the cost on the water shed
area to be drained and will calculate its share accord-
ing 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 (52) feet adjacent to any other zoning
and/or use.
CONTI2ACT FOR: NORTHPORT t1DllITION: SOUTH AIRPORT ACCESS ROAD
AND 10ELLER-HASLET ROAD UPGiZADE
II-11
Watershed Area City's Participation
(Acres) (% of Cost)
up to - 1,000 25
1,001 - 1,500 30
1,501 - 2,000 35
2,001 - 2,50U 40
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
£3, 301 - 9,100 90
9,101 - 10,000 95
Over 10,000 100
3. Except as provided in Item 7., Page II-12, the City
shall also pay one hundred percent (100%) of the cost
of constructing the extra width of a bridge or culvert
necessary for roadways in excess of:
° Forty (40) feet adjacent to single family and/or
duplex residential zoning and use.
° 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 to evaluate tYie
overall economic benefits to the City in all cases
where its participation in a bridge or culvert exceeds
forty percent (40%). The Director uf Transportation and
Public Works shall submit an economic evaluation and
recommendation to the Council in such cases.
6. If the City requires a roadway width greater than those
described above, one hundred percent (100%) of the
additional cost of the drainage facility necessary for
that excess width will be paid by the City of Fort
Worth.
CONTRACT FOR: NO�ZTHPORT ADDITION: SOUTH AIRPORT ACCESS ROAD
AND KELLER-HASLET KUAD UPGRADE
II-12
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 widtho
8. Bids and estimates for the construction of bridges and
culverts shall 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.
e. 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 requirements.
f. 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 shall stay the same as if the diversion did
not occur.
g. The City shall pay engineering costs 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. However, for preparation of Community Facilities
Agreements, the City shall use six percent (6%) of the estimated
cost of its share of construction as defined above for design
engineering.
h. 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.
See estimate of construction cost, Page II-14
i. The City shall assume all cost and construction responsibilities
required of the Developer in connection with the contract for
engineering services concerning access to the North Fort Worth
Airport located at the Tarrant/Denton County line between IH-35Ld
and SH-156 as set forth in the contract for Engineering Services
between Perot Investment Partners, Ltd. and Albert H. Halff
Associates, Inc., said Agreement being attached hereto as
"Contract for���gineering Services" and incorporated herein for
all purposes. �J•u%' ,',���
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;- �� ��
3. Special Condition: ,��'°� `
Community Facility Agreement prepared in conformance
Plan for Annexed Area" attached to and made part
No. 9914, approved by the City Council on September 15,
CONTRACT FOR: NORTHPORT ADDITION: SOUTH AIRPORT ACCESS ROAD
AND KELLER-HASLET ROAD UPGRADE
with "Service
of Ordinance
1987.
�T-a,3
(1)
With respect to costs and construction responsibilities
under the "Contract for Engineering Services," City shall
be responsible for payment of such costs up to and not to
exceed the estimated amounts reflected in this Agreement
under the heading of "Design Engineering" and "Special
Services" for storm drains, streets and street lights. Should
the fees for engineering services under said "Contract for
Engineering Services" exceed the amounts estimated herein
for whatever reason, then City shall not be re3ponsible
for the payment of such additional fees unless same are
formally approved by the Fort Worth City Council and an
amendment to this contract is executed by the parties
providing for such additional fees.
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II-13A
4. Estimate of Construction Cost
Unit Developer
Item Quantity Price Cost
Drainage Improvements for South Airport Access Road
21" R.C.P. 300 L.F. $ 26.80
30" R.C.P. 190 L.F. 45.00
33" R.C.P. 280 L.F. 48.00
36" R.C.P. 180 L.F. 50.00
42" R.C.P. 250 L.F. 60.00
10' Rec. Curb Inlet 6 Ea. 2,100.00
4' x 4' Drop Inlet 2 Ea. 1,000.00
42" Slope End Section 2 Ea. 3,000.00
300' long, 72' wide 21,600 S.F. 34.00
bridge
Drainage Improvements along Henrietta Creek
Channel Excavation 250,000 C.Y. 2.50
Clearing and Grubbing 20 Acre 2,000.00
Grassing 20 Acre 3,000.00
Grouted Rocic Riprap 11,600 S.Y. 35.00
5-10' - 10' Multiple 120 L.F. 2,231.25
Box Culvert
Adjust Telephone Line L.S. 6,055.00
Sub-Total
10% Contingencies
Total
*City's participation due to proposed park site is $
$-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
�
$-0-
-0-
$-0-
City�
Cost
$ 8,040
8,550
13,440
9,000
15,000
12,600
2,000
6,000
734,400
625,000
40,000
60,000
406,000
267,750
6,055
Total
Cost
$ 8,040
8,550
13,440
9,000
15,000
12,600
2,000
6,000
734,400
625,000
40,000
60,000
406,000
267,750
6,055
$2,213,835 $2,213,835
221,383 221,383
$2,435,218 $2,435,218
-0- .
CONTRACT FOR: NORTIiPORT ADDITION: SOUTH AIRPORT ACCESS ROAD
AND KELLER-HASLET ROAD UPGRADE
II-14
D. STREETS TO BE IMPROVED ON THE ASSESSMENT BASIS:
1. The Developer her�by agrees that the following streets and
storm drains as shown on Exhibit "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 developrnent warrants constructing
this street. The Developer's participation will be
calculated based on assessment paving policy in effect at
the time of the assessment.
KELLER-HASLET ROAD - from the east right-of-way line of
Interstate Highway 35W, westerly on approximate distance of
1,7_50 L.F. consisting of a double 26' roadway of arterial
�rade pavement.
2. Cost Distribution
a. The City shall bear all of the excess cost of street
improvements for widths greater than:
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 1/2 the
cost of the street paving and drainage improvements as
required at the time of execution of this [�greement.
3. The Developer's participation in the cost of 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 aUove 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 Developers 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 improvernents
represents the enhancement in value and special benefits to
his property as such is defined in Vernon's Texas Civil
Status, Article 1105 B, Sections 7 and 9.
CONTRACT FOR: NORTHPORT AllDITION: SOUTH AIKPORT ACCESS KOAD
AND KELLER-HASL�T KOAll UPGI2ADE
II-15
. .. . � . . . . , . . . . . . .. . . � , . .. ...,, , . , ,� . :. , . ., . _ �,.. . .. . . . .. .:-r wa.c».:::jqt<�lad+l�d�nr.
r
7. At such time �hat 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 "A-1"
and as described in this agreement.
8. The following special cost distribution conditions shall be
in lieu of, shall supersede and sha11 prevail over any of
the standard cost distribution provisions which may be in
conflict herewith.
See estimate of construction cost, Page II-�7.
9. The City sha11 assume all cost and construction responsibi-
lities required of the Developer in connection with the
contract for engineering services concerning access to the
North Fort Worth Airport located at the Tarrant/Denton
County line between IH-35W and SH-156 as set forth in the
contract for Engineering Services between Perot Investment
Partners, Ltd. and Albert H. Halff Associates, Inc., said
Agreement being attached hereto as "Contract for En ir�eering
Services" and incorporated herein for all purposes.�l)
Special Condition:
Community Facility Agreement prepared in conformance with "Service
Plan for Annexed Area" attached to and made part of Ordinance
No. 49I4, approved by the City Council on September 25, 1987.
�1� With respect to costs and construction responsibilities under
the "Contract for Engineering Services," City shall be
responsible for payment of such costs up to and not to exceed
the estimated amounts reflected in this Agreement under the
heading of "Design Engineering" and "Special Services" for
storm drains, streets and street Iights. Should the fees
for engineering services under said "Contract for Engineering
Services" exceed the amounts estimated herein for whatever L�
reason, then City shall not be responsible for the payment p/�
of such additional fees unless same are formally approved ,
by the rort Worth City Council and an amendment to this contract �
,�:;1i"�fj.�'
is executed by the parties providing for such additional fees. �
CONTRACT FOR: NORTHPORT ADDITION: SOUTH AIRPORT ACCESS ROAD
AND KELLER-HASLET ROAD UPGRADE
II-16
6. Estimate of Construction Cost
Unit
Item Quantity Price
A. Street Construction
2-26' Roadway 1,250 L.F. $148.26
7" Reinforced Concrete
6" Stabilized Subgrade
Removal of Existing 4,600 S.Y. 10.00
Asphalt Pavement
Developer Other City'�X Total
Cost Cost* Cost Cost
$-0- $66,717 $118,608a $185,325
-0- 16,560 29,440
Sub-Total A
10% Contingencies
Total A
$-0-
-0-
$-0-
$83,277 $14II,048
8327 14,8U5
$91,604 $162,853
46,000
$231,325
23,132
$254,457
B. Storm Drain Construction%�K*
Storm Drain System 1,054 L.F. $30.00 $-0- $31,620 $ -0- $ 31,Ei20
(with appurtenances)
Sub-Total B
10% Contingencies
Total B
$-0- $31,620
-0- $ 3, 162
$-0- $ 34,782 $
$-0-
-U-
-0-
$31,620
3,162
$ 34,782
Total A + B $-0- $126,386 $162,853 $289,239
��Other Cost is defined as the cost of construction to be assessed against other
property ocvners.
X* City's participation due to facilities constructed adjacent to City Parks: Streets
$ -0- ; Storm Drain $ -0- .
xx*All costs for the construction of Storm llrainage Improvements are estimates. The
actual cost distribution for all the required Storm Drainage Facilities will be
determined at the time of construction.
aCost for 350' (under I.H. 35) of 2-26' Roadway @$148.26/L.F. and 900' of 1-26'
roadway @$74.13/L.F. adjacent to Perot Property.
CONTRACT FOR: NORTFIPORT ADnITION: SOUTH AIRPORT ACCESS ROAll
AIVD KELT ER-HASLET ROAD UPGRADE
II-17
c. SUMMARY OI' COST:
Street.Improvements
Construction
Storm Drain Improvements
Construction
Design Engineeringa
Special Services�
Construction Engineering and
Administration
( 6 % of Total Construction Cost)
TOTALS (This Project)
Developer
$ -0-
$ -0-
$ -0-
$ -0-
City
$ 81,543
$2,435,218
$ 152,480a
$ 100,000�
Total
$ 81,543
$ 2,435,218
$ 152,480
$ 100,000
$ 151,006 $ 151,006
$ -0- * $2,920,247 $ 2,920,247
Assessment Paving
Construction: Streets $ -0- $ 254,457 $ 254,457
Storm Drain $ -0- $ 34,782 $ 34,782
Design Engineeringb $ -0- $ 17,520b $ 17,520
Assessment Administration - (1%) $ -0- $ 1,264 $ 1,264
Construction Engineering and $ 21,693 $ 21,693
Administration (7.5%) of
Construction Cost
Special Services t $ 25 OOOt $ 25,000
�
Right-of-Way Costs $ 50,000 $ 50,000
TOTALS (Asmt. Paving) $ -0- * $ 404,716 *� $ 404,716
*The sum of $ -0- to be deposited by the Developer prior to the
execution of the contract. Does not include Developer's Design Engineering
Cost on interior streets and storm drains.
*��Include $ 135,233 to be assessed against other property owners.
a�bTotal engineering fee of $170,000 ($152,480 +$17,520) as stipulated in
the attached "Contract for Engineering Services".
c�t Total Special Services Fee of $125,000 ($100,000 +$25,000).
Encompasses extraordinary survey �vork, preparation of �right-of-way maps and
descriptions, and soils testing, if necessary.
City's participation due to facilities constructed adjacent to City Park
is:
Interior: Streets $ -0- ; Storm Drain $ -0-
Assessment Paving: Streets $ -0- ; Storm Drain $ -0-
Recommended
;� � , '�'/� �� '� �� ��
;' Gary L. Santerre, P.E.
Director of Trans�ortation
and Public [dorksTsv
Date
Based on Policy Adopted
January 7, 1986
CFA CODE 87006
CONTRACT FOR: NORTHPORT ADDITION: SOUTH AIRPORT ACCESS ROAD
AND KELLER-HASLET ROAD UPGRADE
II-18
III
STREET LIGHTS
1. The Developer agrees to provide for the installation of street lights ��
����������x����x���x���xx��� i n a c c o rd a n c e w i t h
engineering plans and specifications to be approved by the Transportation
and Public Works Department. Street lights are to be installed in phase
with the street construction required in Section II. When the Developer
employs a contractor to install street lights, the conditions in Section
V shall apply.
2. If the Developer requests the City to design and/or install said lights
and the City agrees to do so, the Developer agrees to pay the City an amount
equal to the estimated cost of the installation plus 10% for design services
prior to the City starting its design efforts.
3. The Developer has the option to install lights on residential and collector
streets using overhead or underground conductors. If the Developer selects
underground conductors, then the Developer agrees to employ a contractor
to install the lights. If the Developer selects overhead conductors, then
the Developer agrees to pay the City to install the lights. Street lights
on ar�terial streets require underground conductors, and the Developer agrees
to employ a contractor to install lights on arterial streets.
4. The City agrees to furnish all construction engineering and inspection of
the street light installation.
5. The Developer agrees to dedicate all necessary easements required for the
installation of the street lights and to provide for the installation of
any electrical transformers required for the proper operation of the street
lights.
6. The current estimated cost of this street light installation is shown on
page III-2 and is summarized below. In the event the Developer pays the
City to do any of the work, it is agreed by both parties that final payments
will be adjusted such that the Developer's payment is within $25 of the
actual cost (to include overhead and fringe benefits).
DEVELOPER'S COST CITY'S COST
$ -0- $29,000.00
Northport Addition
(Keller-Haslet Road Upgrade
& South Airport Access Road ) ReCommended :
Fort Worth, Texas
12/�/8�
�
��,�/ ; � ;�, �Jr'�1 ��.
' , i�G ,f i . � L �
�'�., Gary L�Santerr� P. E.
Director of Transportation and
Public Works
III-1
STREE7 LIGHT COST ESTIMATE
QUANTITY
RESIDENTIAL STREETS
Intersections
Mid-Block
Direction Change
Underground Circuits
COLLECTOR STREETS
Underground Circuits
ARTERIAL STREETS
2050 lf
UNIT COST
$
$
$
$
$
$
$ 12.86
TOTAL COST
$
$
$
$
$
$
$26,364
SUBTOTAL $26,364
C ITY' S COST $ 26 , 364
DEVELOPER'S SUBTOTAL $ - 0-
10% FOR ENGINEERING $ 2,636
PROJECT TOTAL $ 29 , 000
ADJACENT DEVELOPER'S COST $ -0-
DEVELOPER'S COST $ -0-
Note: Adjacent Developer's share to be due upon platting of adjacent
property or assessment paving of the border streets, whichever
occurs first.
NOTE: This estimate is based on preliminary information using
standard type 18 poles with twin 33A arms. This may have
to be changed due to airzone clearance requirements.
Lighting design will conform to ANSI standards.
Northport Addition
(Keller-Haslet Road upgrade
& South Airport Access Road)
Fort Worth, Texas �-2���87
III-2
III-A
TRAFFIC SIGNALS
Traffic signals will be installed by the City at City expense
when the following two conditions are satisfied:
a. Funds are available;
b. Signals are warranted based on the `Pexas Manual on
Uniform Traffic Control Devices.
Northport Addition
(Itieller-Haslet Road Upgrade
& South Airport Access Road)
Fort Ydorth, Te�:as
Recommended:
/ •�%i � % ,
/'`�"(.('/-'C�itJ �'�-�'�'''1C.
,,��' �-' Gary L. Santerre, Director
Transportation & Public Wor3cs
12-14-a�
TII-3
Iq
STitEET IdAME SIQ�IS
1. In accordance with the Policy for �tree� Name Sign Installations, the developer
agrees to pay the initial cost of street name sign installations requixed by
this development to the extent of $ R n nn per intersection. This
unit cost will be revised annually by ihe Depart�ent of Ts�nsportation and Public
Wozks and reflects prevailing costs of materials and labor.
2. This development will result in the creation of t wo intersections and a
cost to the developer of $ 160.00 .
3. The developer may deposit cash funda with the City equivalent to this amount at
the time of comnunity facilities coatract closure or may elect to wait until
the time when street name signs are to be fnstalled. If the developer elects
to wait, the cost of street name signs will then be at the rate prevailing et
the time the developer deposits money with the City.
4. The street name signs will be irsstalled by the City upon final approval of
street construction and wili remain the property of and will be maintained
by the City.
NOTE: The City will pay for the cost of the street name signs
required by this contract.
Reco�ended :
Northport Addition
(Keller-Haslet Road Upgrade
& South Airport Access Road)
Fort Worth, Texas
,,'� � � ��,�/ ''% � ,
;;
, r��,� _ _ -
� � , � �i;� { ';i,< �r f-
(� Gary L:'�Santerre, Director
Transporta�ion/Public Works
12/7/87
YV-1
v
GENERAL REQUIREMENTS
�1. It is agreed ar�d undersl:ood by the parties hereto that the developer
shall employ a civil engineer, licensed to practice in the State of
Texas, for the design ar�d preparation of plans and specifications for
the consi;ruction 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 project
designed to serve a single lot or tract, the developer may a�t 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 construction cost of such project.
C. In the event the developer em ploys his own engineer to prepare plans
and specifications for any or all facilities, the plans and
specifica�tions so prepared shall be subject to approval by the
departinent Piaving jurisdiction. One (1) reproducible set of plans with
15 prints and 35 specifications for each facility shall be furnished
the departrnent having jurisdiction. It is agreed and understood that
in the Pvent of any disagreement on the plans and specificatior�s, the
decision of the Public Works Director, Transportation Director, and/or
Water De partment 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 improvemen�ts
mentioned hereinabove shall be ves�ted at all times in the City of Fort
Worth, and developer hereby relinquishes any right, title, or interest
in and to said �facilities or any part hereof.
F. The life of this contract shall be two (2) years and it is understood
that any obligation on the par�t of the City to make any refunds
hereunder shall cease upon the expiration of two (2) years from the
date of execution of this contract, except for refunds due from "per
connection charges" on sanitary sewer and frorn "front foot charges" on
water rnains, both of which refunds may continue to b� made for a
period of ten (10) years; provided, that if the construction under the
Community Facilities contract; shall have started within the two-year
period, the life of the Community Facilities contract shall be
extended for ari additional one-year period. Community Facil i�ty
Contracts not completed within the time periods stated above will
require renewal o�f the contract with all up-dated agreements being in
compl iance with the policies in effect at that tiine. Developers must
recognize that City funds may not be available to pay all or a portion
of the normal City share Por renewal contracts. It must be understood
by all parties to the Comrnunity Facil ities contract that any of i;he
facilities or requirements included in �the contract that are to be
perforrned by the developer but not performed by the developer within
the tirne periods stated above, may be completed by the City at the
V-1
developer's expense, and the City�of Fort Worth shall not be obligated
to�make any refunds due to the developer on any f acilities constructed
under this agreement until all provisions of the agreement are
�fulfilled.
F. Performance and Payment Bonds, certificates of deposit, irrevocable
let'ters of credit or cash deposits are required for streets, storm
drains and street lights, and must be submitted prior to execution of
the contract for installation of community facilities by the City.
The bonds should be s�tand ard Performance and Payment Bonds as provided
by a licensed surety company (on forms provided by that surety
company); a cash deposit may be made in the Treasury of the City of
Fort Worth; or a certificate o�f deposit or irrevocable letter of
credit may be from any financial institution in Fort Worth/Dallas
Metroplex which is insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance Corporation.
The Ci�ty of Fort Worth cannot pay interest on any deposit made
hereunder in tne Treasury of the City of Fort Worth.
(a) The developer shall execute four (4) 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 or
on account of any default by the Developer of any
terms or conditions contained in this agreement.
Such let�ter of assignment must be accepted in
writing by the financial institution.
(b) Upon satisfactory completion of the facilities,
the City of Forth Worth shall reassign the deposit
to the developer, including arcrued interest or
dividends thereon, upon express order of the City
Manager.
1. When the option is exercised to provide a certificate
of deposit in a financial ins�itution, the following
terms and conditions shall apply:
(a) The developer shall execute four (4) copies of a
letter assigning the deposit to the City of Fort
Worth . Such 1 etter of assign�nent must be accepted
in writing by the financial institution.
(b) Upon satisfactory completion of the facilities,
the City of Fort Worth shall reassign �the deposit
to the developer, including accrued interesi or
dividends thereon, express under order of the Cit y
Manager.
V-2
2. When the option is exercised to provide an irrevocable
let�ter of credit fro�m an authori zed f i nanc i al
institution, the form of �the letter shall be approved
by the Department of Law. The interna.tional letl;er of
credit form used by banks is normally acceptable.
3. Pe rform ance and Payment Bonds, certificates of deposit,
letters of credit or cash deposits will be furnished in
the amount as required below:
(a) 100 percent of the estimated developer's share of
��he cost of the storm drain.
(b) 1U0 percent of the estimated developer's sha.re of
the cost of streets.
(c) 100 percent of the estimated developer's share o�f
the cost of the street lights.
(d) A cash paymen�t of the developer's share of the
cost of the project is required prior to
initia�tion of construction of water a.nd sanitary
sewer facilities.
(e) A cash deposit, Perforinance and Payment Bonds or
Letter of Credit acceptable to the City for the
developer's cost of paving a border street on an
assessment basis (Reference Section VI, Item 3,
Development Procedures Manual).
4. For construction of water and/or sanitary sewer
facili�ties, a certificate of deposit, irrevocable
letter of credit, or cash deposit (providing for
partial drawings), in the name of the City, shall be
furnished to the City as set oui; below:
(a) Where the developer lets the contract, 100 percent
of the estimated contract cost of construction, as
stated in the construction contract, is required
simultaneous with execution of the construction
contract; or,
(b) Where the City lets the contraci;, 100 percent of
the developer's share of the construction contract
cost is required prior to issuance of a work order
b y the City.
5. ( a) Performance and Payment Bonds, Letters of Credit,
Certificates of Deposit, and cash deposits
furnished hereunder shall be for the purposes of
guaranteeing satisfactory compliance by Lhe
Developer with all requirements, tPrms and
conditions of this agreement, including, bu�t not
V-3
limited io, the satisf•actory completion of the
improvements prescribed herein, and the making of
payments to any person, firrn, corporation or other
ent;ity with whom the Ueveloper has a direct
contract,ual rel ationship for the performance of
work hereunder.
(b) Devel oper sh�l 1 keep said Performance and Payment
Bonds, Letters of Credit, Certificates of Deposit,
and/or cash deposits in full force and effect
until such time as Developer has fully complied
with the terrns and conditions of this agreeinent,
and failure to keep same in force and �ffect shall
constitute a breach of this agreernent.
In this connection, a11 Letters of Credit
furnished hereunder shall be renewed annually in
the arnounts designated by the Ciiy, and the
renewed Letter of Credit shall be delivered to the
City on or before the tenth (10th) day prior to
the date of expiration of the ihen existing Letter
of Credi�t. If Developer fa.ils to deliver the
renewed Letter of Credit to the City within th�
time prescribed herein, such failure shall
constitute a breach of this agreement 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 he
assigned by developer without written consent of the City Manager, and
it is further agreed �that such wri�tten consent will not be granted for
the assignment, transfer, pledge and/or conveyance of any refunds due
or to becorne 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 �ue hereunder.
H. On all �facilities included in tr�is 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 contract rnust be awarded after
adv ert i s i ng i n a 1 �c al newspaper at 1 east one time not
less than two weeks to the date of receipt of sealed
bids as required by State statutes prescribing
regulations for contracts for public wnrk. The sealed
bic�s must be opened in the presence of a representative
of the City.
V-4
(2) To employ a cons�truction contractor who is approved by
the Director of the Department having jurisdiction over
�the facil ity 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 sirnila.r nature.
(3) To require i;he contractor to �furnish to the City
pa,�nent, performance and maintenance bonds in the name
of the City for 100 percent 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
facil ity that inspection personnel will be available;
and to require the contractor to allow the cons�truction
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 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 o�f this agreement, and is
noic to constitute approval of the quantities of which
p a,�nent i s b ased .
(6) To delay connections of buildings to service lines of
sewer and water mains constructed under this contract
until said sewer and water rnains 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 ofi Fort Worth, that in the event the
developer elects to award one single construction
contract for storm drainage and pavement, shall be
separated in the bidding and City participation, if
any, shall be lirnited to the lowest possible
combination of bids as if each of the above were
awarded as separate contracts.
I. Anything to the contrary herein notwithstanding, for and in
consideration of the promises and the covenanis herein rnade by the
City, the Developer convenants and agrees as follows:
V-5
(1) Tfie Dev eloper shall make separate elections with regard
to water and/or sanitary sewer facilities, storrn
drai nage, street improvements and street 1 ights as �to
whether the work prescribed herein shall be performed
by the City, its Contractor, or by the Developer's
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
so made and del ivered to City by such da�te, i t s��al 1 be
conclusively presumed tha�t i:he Developer has elected
that such work be perforrned by the City in accordance
with all of the terms of this agreernent, and in
particular Paragraph V-F hereof.
(2) Irrespective of any such election and whether the work
i s to be performed by the Ci ty, i t s Contr actor or by
the Developer's Contractor, the Developer covenants and
agrees to del iver to the Ci ty a perfiormance bond or a
cas�i cieposit in lieu thereof in accordance with the
provisions of Paragraph V-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 perforined by �the City, or its Contractor,
or such election is presurned as provided above, the
Developer covenants and agrees to pay to the City his
share of the estirnated construction costs. The amoun�
of such estimated payment shall be computed as set out
in Sections II, III and IV hereof, based upon the
lowest responsible 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 subject to adjustment to actual costs upon final
completion of the subject. Such estirnated paymen�
shall Ue made prornptly upon demand by City, it being
contempl ated tha�t such payrnent wil l be made after the
receipt of bids for work but in every case prior to the
award of any construction cantract, unless otherwise
specifically set out herein.
(4) Deve1oper further covenants and agrees to, and by these
presents does hereby fully indemnify, hold harmless a.nd
defend �the City, its o�fficers, agents and employees
from all clairns, 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, inclu�ling death, resulting from, or in any
way connected with, this agreement or the construction
of the irnprovements or facilities described herein; and
in addition the Developer covenants to indemnify, hold
V-6
harmless and defend the City, its officers, agents and
employees from and against all claims, suits, or causes
or action or any nature whatsoever brought for, or on
accoun�t of any i n j ur i es or d amages to persons or
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, agen�s
or employees.
(5) Developer covenants and agrees that it discriminates
against no individual involving employment as
prohibit�d by the terms of Ordinance No. 7278 (as
amended by Ordinance No. 7400), and ordinance
prohibiting discrimination in employment practice
because of race, creed, color, religion, national
orig i n ( except for i 11 egal al iens) , sex or age, unl ess
sex or age is a bonafide occupational qual i�Fication.
Developer further covenants and agrees that no labor
organization, subcontractor or employment agency,
either furnishing or ref�rring applican'ts to such
developer, nor any 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).
J. The attached Exhibits A, A-1, Contract for Engineering anc� Location
Map are made a part hereof for all intents and purposes.
K. Venue of any action brought hereafter shall be in Fort Worth, Tarrant
County, Texas.
L. The City's "Policy for the Installation of Community Facilities", as
adopted by the City Council on January 7, 1986, is hereby incorporated
herein by reference, and Developer covenants and agrees to comply with
said Policy.
V-7
�
IN TESTINIONY WHEREOF, the City of F�ort Worth has caused this
instr�rnent to �be executetl in quadrupl icate in i�ts name and on its behal f by
its City Manager, at�tes�ted by its City Secretary, with the corporate seal
of the City affixed, and said Developer has executed this instrurn t in
quadruplicaLe, at Fort Worth, Texas this the ��� day of �,��
, 19�' .
ATTEST:
,
�'7/G�%����---_
R th oward
City Secretary
CITY OF FORT WORTH, TEXAS
BY� ` ,
David A. Ivory
Senior Assistant C' Manager
APPROVED AS TO FORM AND
LEGNLITY:
Wi 11 i a�n W. Wood
Deputy City Attorney
Date: S�"��'g�'
� i���
C;�i��t,: �.�;�c �'s: i��.n _; z i���a.�ion
��a.te
DEVELOPER:
PEROT INVESTMENT PARTNERS LIMITED
,
,
BY : i _ �� _ �
H. Ross Perot, J�:
Managing Partner
ATTEST:
:
y���
,-
�/7/��
V-8
APPENDIX "A"
COST ESTIMATE SUMMARY
PROJECT NORT'HP�RT ADDITION�(SOUTH AIRPORT ACCESS ROAD AND KFLLER_HASLET ROAD UPGRADE)
PERFORMANCE
CONTRACT SECTION DFVELOPER CITY TOTAL GUARANTY
Section I
Water $ -0- $ -0- $
Sewer -0- -0-
Section II
1. Interior Streets
Construction '�- 81,543
Design Eng. -0- x
Eng. & Admin. -p- k*
2. Storm Drains
Construction -0- 2,435,218
Design Eng. -0- 152,480*
Special Services -0- 100,000
Eng. & Admin. -0- 151,006k*
3. Border Streets (Assessment Paving)
Construction
Streets -0- 254,457
Storm Drains -0- 34,782
Design Eng. -0- 17,520X
Assessment Admin. -0- 1,264
Eng. & Admin. -0- 21,693
Special Services -0- 25,000
Right-of-Way -0- 50,000
Section III
Street Lights -0- 29,000
Section IV
Street Name Sign -0- 80 80
TOTAL $ -0- 3,354,043 $3,354,043
%�LUMP SUM ($170,000) COST FOR STREETS AND STORM DRAINS
X��LUMP SUM ($151,006) COST FOR STREETS AND STORM DRAINS
-0- $ -0-
-0- -0-
-0-
81 , 543
-0-
2,435,218
152 ,480
100,000
151 ,006
�
254 ,457
34 , 782
17,520
1,264
21,693
25,000
50,000
-0-
-0-
$ -0-
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CONT�ACT FOR ��GINE�RT�G SE�VICES
ICNUW ALL M�N �Y TH�SE PR�SL��S
THIS �NGiNEE�T.N� CON�R�CT,
by and be�wee�� H.R. PErot, Jr.,
and 1�lbert H. �Talif Associa��s,
1°Engineer. °'
• � f
tna�e, en�exed into and ex�cuted
�er�a.na�teg called the "CTwa�e.�, "
Znc., h�reinaf:ter c�11ed tne
W I T N E S S E T i�i
The Owner desires t� eon'��ac� for �ng.ineering services con-
cerning access �o the Nor�h �'orti Wo��h Airport located ati �he
Tarrant/Denton County Zin� between IH-35W �nd SH-156.
A G R E F M� N T
The Own�r and �he Er�g�r�eer, in consideration of the mu�taal
covenan�s and agre�ments �2erein conL-ainecl, do mutually ac�zee as
follows:
Th� O�rrn�r agrees �o �m�loy th� Eng�.nPex ancl �he Enginee�
ac�r�es to �e��orm prof.essional engineering s�rvic�� in connecL-ion
caith the pr.o��c'c a� sta�ed in thc sections to foll�w and outlinec3
hEreinaft�x, and f�r havzng r�ndered sucll services, the Owner
�gr�es �o pay to �he Engineer compensation for �hes� services as
se� �or�.h b�lowo A11 se�:v�.cc;s perform�d under this cotZ�ract
sha11 be p�r�o�med under th� dj.rec� supervision oE �.he Owner, ar
his duly authorized representative. The EngS_neer will. be
advised, �.n wri�ing, of any such represer�tative.
1. S�� of Services,
�o S�rvic�s by f.he Owner -
�1r�y �exvices or, separate con�rac�s to be p�oQ�idecl k�y
Owne'r sha11 be coordinated a.n a professional manner
by tihe Engineer.
B. Services by �.he Engineer
Th� Enyine�r wi11 fu�r��sh engineerir�g ar�cl/or survey-
ing services �s s�� fo�th in A�tachment A, "Services
Lo be Pxovided by the Engin��r," at�aahec� hex�e�o and
made a par�. oi �tiis Pngir�eering con�ract.
'L. Pxogresse £xe�utioai of this contrae� �hall se�ve as th�
notiee to �che Ez�cfin��r `�o proceecl wYth �he work. ThE work unc?er
1
• ' I f
��Ii� corntrac� shall ue eomplet�d wi�.hin 250 calendar days a�te�
au�horized �.o ��xo�ced. LTnless ex�.�nded l�y s�pplPmental
agr�emen�, �h�s con��act sh�.11 terrnina�.e a� Lh� expiration of �.he
speciff�d calendar c�zys.
Tl�� Engin�e� sh�ll, frc�r�7 �ime tio time e�uriny the progres� of
�he wor)�o c<�nfer wi�11 the Qtunek, �nd pro�ric�� f.he Owner wi�.az pe��-
oc�ic wrii.t�n p3:ogress repo��s t�� may �� reque5t:ed by th� own�z.
�h� Fngifleer �g�a'll pr��aa�e and pre�er�ic suc�a �_nf�rma�ion ar�d
��udie , as m�.y ia� ��ex�tinen� �nd n��es�a�� �ar a� nay bu req�.ie�tcad
by �he Owne�e i.ri order to eva�.ua�� fea�ur�� og �che wo�� o
At the requ<:�t of th� Oz�n�� oa: the Er�gia��er, conferenG�s
s1�a21 be provided a� th� �a�c�.�n��� °s of�ice, �.he ogfic� of the
O�anero o� a� �atYaex loca`ci�n� d��ign�ted b� �he Owner. These con-
ference5 aha11 a1�o i.nclucl� a.nspec�ion �b �h� �ngineer's s�rvic�s
and worlc when request�d by� �.1ie Owne�.
The "Time Schedu:Le" a�.izch�d h�re�o and m�de a p�rt o£ �.l�is
consczaet shal�. bE aclhered �o by �.he �ng�.n�er to a5sure 'the woi�.
i.s compieted in p�Upex sequence �nd on �irt�. This Time Scl�edule
is c�-i�icaZ to �hc Uw�ero
Should 4:he Owner d�5�r� i:o suspe���i �h� G�oric, but not ter-
mina�� �he con�rac�, thzs may b� done by �en (10) days' notice
g�ven �o ti�e Enc�iYze�� by �he Owizer i.n w�iting 'co �.ha� effec't, and
�he work may bE rein�:ta��d and �esumed in full foxce ancl effe��
upon the Engin�er°s �ec�ip� �rom the Ocr�ner of 4�higty (30) days'
no�ice: in w?=a.t�.ng �o i.h�t ��f�ct. Compensation p�yable �o �.he
i�glc��_ne�r sha11 not b� sub��ct to adjus�.m��at as a resvlt of �ny
su5pensio� of less �Zi�n 1�0 c�ays in du�a��.on; suspe.nsi.ans of 150
days or m�re may ��sul� tn an equi�able adjustment in the
Eng:�neer' s c�mpens��ion agx�e�d to by �.he Chfaner anci tlze Engin��r .
A�1 employ�eg o�' ihe I�;ng�nE�r sha1.1 have sucl� knowl�cic�E and
�xperiencE as wi.11 �nab1� �hem �c� pErfogm 'cgie c3ui�i�s �ssigi�ed �.o
�hei�na �1ny enplo�e� o� �he k;ng�.neer, ��h�, in the o�inzon of the
awne�, is in�omp��c�aa�t, o� cahos�� condu�t becomes de�.rim�ntal to
th� work, stia7_I immedia�elg be �emo�rPd by thP Engi�iecr irom as-
sociation w.�th the projeef�.
Th� Engxz���i eertiti.e�s tlz�t h� �resen��,y ha� zdec�uate
q�aalified pe��onnel in lza.s �mploymerb� for p�r�ormanc� of tlze
services Yequ:�x�d und�r thi� con�racto
Th� Enga.gleer sha:�l �x��p�re monthly progress r.epo�ts (whicY�
rnay zncltxde �� bar c�xaph oz: d�aw�.nc� coi��,r.ol shee��) iri �u��i�i.�nt
cie�a�.l to siappo�� tta� pxogre�� of �ctle worlc aizd in sup��rt of
vvucher r�qu�s�i.rag mont�].Y g�aym�n�. 5hou�.d �l�z� rec�ucs� �or pay�
men� at C-�ny tame �xc�ed �he �erc�nt wor}c comg�let�d ir� the opina.o�
o� the Own�r, th�n �cla� 'paymen� �I�a.11 b� ��duced to ma�.ch the per-
cenf� of caork complet�da Fo� �x�mple, �.� wor)c is juclgecl by tile
2
Owner to b� 50 percent complete and the Engineer invoices for 60
percent of the guaran�eed maximum cost, then Owner will reduce
paymen� to 50 pe�cent of th� guaran�eed maximum cost. The intent
at this paragrapyh is th�t bil�ings as measure� against the
guaranteed maximum sum will not exceed the percentage of work
perform�d at any time.
The Engineer shall furnish a11 equipment, materials and
supplies required to �erform his work under this contract except
as provid�d herein.
3. Chanqes of Work. The �ngineer shall make such
revisions in the work incZuded in this contrac� which has been
completed as are nPcessary to correct errors appearing therein
when required to do so by the Owner. No additional compensation
shall be p�id for this wor?c.
If �he Owner �inds i� necessary to reques� changes to
previously satis�ac�orily completed work or par�s ther�of, �he
Engineer shall make such xevisions if requ�sted and as direc�ted
by the Own�r. This will be considered a� additional worlc and
paid for as specified under paragraph Additional �aork.
4. Additional Worlt. Work not s�ecifically described under
"Scope of Services" must be approved by supplemental agreement to
this contrac� by the Own�r before i� is und�rtaken by the
Engineer. zf the Engineer is of the opinion thati any work he h�s
been directed to perform is bey�nd the scope of this agreemen�
and constitutes ��ctra worlc, he sha11 prompt].y noti£y �he Owner in
writing within ten (10 ) busialess ciays o�E Owner `s reques� for such
extra work. In the event �he Owner finds th�t such work does
constitute ex�ra work, then the Owner sha11 so aclvise the
Enyinee.r, in writing, and shall provide extra compensation to the
Engine�x for doing this work on the same basis as covered under
"Compensa�ion°' and as provided under a supplemen�al agreement.
The Enqineer shall not be entitled to receive extra compensation
unless expressly agreed to in wr.iting by the Owner.
5. Compensat�_on. The Owner sha1.1 pay anci the Enginee�
ac�rees to accept in ful�. compensation far �the engineering
services �o be performed �and�r this contrac�, fees as outlined in
the accompanying Attachmen� "B".
The basic fce amount payable under �his contrac� without
modification of the contract is $170,000 (including reimbursable
costs) plus special serva_ces as ou�lined by par�.graph 2B of
Attachment "�". The basic fee amouni. payable may be revised in
the event of change in scope, complexity, or character of work as
authorized by the Owner in writing.
6. Method of Paym ent. Payments to �he Engineer for
serviee� rendered cvi11 b� made as outlined in paragraph E uncler
Attachmeni 'B°�'.
3
, I 1. � , 1
The x�emized and certi�ied s�tat�mer�ts shall 5how th� �.a�al
amount eaxnec� �o date o� submissinn and th� amoun� d,ae and pay-
able as of 'the dat� og th� �utrrent stat�men�. P'inal paymen� of
any t�non�y sha1l be macie to �he �:ngine�r aftier 5c1t1SfdCtAY:jt
com�le�ion of �11 servic�s and obliga�ions covered xn rhis
con�ractc, including accep�tance of wor)c b� �the Owner and cotz��le-
t:ion of a f3na1 audit of records pertAin�ng �o the projec�, and
Owner's receipt o� ftxll and �inal lien relea�ea �rom �he Engineer
anci any and all subcontrac�ors and supplierse
'rwo copi�� of invoices should be submi��ted to the Ownex and
paymen� w�_11 bc made by Own�r witlzin �hirty (30) day�s of owner's
r�ceip� thEreo�.
7. Subl���i.nq, The Enginee� sha11 not sublet c�r t�an�r�r
any por�ion oi tk�e worlc und�r �his con�ract unless speci�ically�
approved by Owner in wx�i�.ing. Subcon�ractor� shall comply with
the prov��ions of �.h7s contracta
8. Termia�at�on of Con�:�r�ct. T11P contrac� rnay be �erminated
by any of the iollow:�.ng condxf:ions:
(��) �3y �nut�,�al agr�ement and consen� of both par_�ies
therei:o.
(�) �3y �he Ownex, by no�tice in wri�ing �.o tize Era�iiieer.
as consequence of iailure by the Engineer to p��--
form �.he services h�rein set forth in a satisfac-
tory manner and wi�hin thE lfmits provideci.
(C) �y either pa��.y, upon �he �ailure o� the other
party �:a fu1��11 i�s obligatgons as set forth in
the "Scope of S�rvices."
(D) �y th� 07aner in Uwner's �o1e c�iscretion ancl for any
x�eason whatsoev�r, and no� �ubjEc� to i.he mu�.ua1
consEn�c of �he �ngineer, upon ten (10) days' ca�it-
t�n noscic� �o tlle Er�gineer e �
tE} By sat�.sfactomy completion of �11 servi.ces ancl
o1�ligations d�scribed hereia�.
Shou].d tlie Owne� t�rmina�ce this con�ract as h�r�it� �rovided,
no fees o�h�r than fees c�ue and payable a� the �ime of
�ermiraation, sh�ll �hereaf�er be pairl to the Enc�ineer. No ter-
m5.nation sha�1. l�e deemed to t�rmin�te any duties k�ereunde� . P���-
ment for wox�k a� �.exmin��.zoti wi11 b� ba;�ec� on work satisiactorily
complet�d a� �tZa� time.
Tf the Eng�.n�er defa�lt� in perfo�manee on �his contract,
f.he Owner sha11 inform �he Eragine�r �h�� a coraciition �f clef�ult
exists a TYae �g�gtin�er sha11 f-.h�n be gi�ren a r�a�or�able ti�ne, zio't
4
�o exceed �wenty (20) days, �o cure o� �� commence to cure and
dllig�ntily pu�sue �he cure o� ��e default. If a�t.er said time,
�h� �ngine�x :ts s�ill judged �o b� in default by the Ow�er, the
con�rac� will be t��mina�ed. Tn det�rmi�ing �he amoun� of fees
payable to tihc Engin�er at �h� �ime o� default, the Owner wil2
give considera�ion to the ac�ual co�ts incLtrred by the Engin�er
in p�r�o�m�ng wo��lc �o d�te of defaul�, �h� amount of work
required which w�5 �atisfactor3ly comple�e� to dat� of default,
and �h� value ot �he worlc which i5 usable �o the O�aner.
The termination of thfs contract arad paymen� of an ainount in
settlement as pr�scribed above shall ex�t�rgui�h all righ�s,
du'��_es, obliga�i.ons and liabiiities ot `che Own�r and the Enc�ineer
undex� this con�rac�. If th� �ex�mination of �his cont�act is due
to th� �ailu�r� �,f �he E�g�neer to fuitill his contr�ct
obliga�ions, �he Owner may �ake over �he proj�c� and prosEcu�e
�li� work to com�let:ior� by cor�trac� or otherwise in such case .
9> OwnEr.ship o� Dacum�tl�s. AlZ documents prepa��cl by the
En�iii�ee� or iurnished �co �I�c� Engine�r by th� Owner s��a1J. be the
p�oper�.y of �ize Owner and upox� completrnn or termin��ic�n of tl�is
con�rac� and upon paymen� o� amounts owec� �o the �nyineer shall
be delivered p�omptly to Own��. AI1 basic sketches, char��,
calculations, p1an�P �pecification� and otM�r data prepared under
tizis con�r�ct shall be made available, upon rec�u�st, to the Owner
w�.�hout re��rictf on or limi�Ztion on �heix� �ux�Izex use. The En-
c�ineer may, a� hi� own expenae, hav� copa,�s mad� oi i.he document�
or any other data he h�s fuxnishetl the Ownc�c under this contract
47:L��IOLIt re5tric�:�on or 1imi�.ation on �.h�ir gurther use by the
Engineer.
10. Compliance w��h Laws. The Engineer sh�ll comp].y wi�h
al1 federal, �tate, and 3oca1 Zaw�, stattttes, ordinances, rul��
and regula�ions, and �he orders and decxees of any cour�s, or ad-
ministrativ� bodies or t�ibunals 3n an�r ma�ter af��ctir�g �.he pex�-
�orr��ance o� �his cor��tx��c�.� iracludiz�g, w��chou� 1imi�.a�ion,
worker'� comp�nsatian �.aw�o ar�inimum salary and ��age sta�utes and
regula�ion5, �nd licensing l�ws and re�ulatcions. When required,
�.h� £ngir�eer shall gurni�ii �h�: Own�r with satisf�ctor� proof of
his com�lianc� �ch�rea�itii.
11, Oc�rrrie� Inciemnif.z.ed. `�'he �ngiraEeY shall �ave dIl� ho�.c�
harmless �he Uwne� from a�y �nd al.l claYms, damages, ac�cions,
causes anc� li��b.i.l�.ties due �.o ac�..zvii.iev of �.he �nc�ineer, its
agents, rspr�senscata.ons, oificers ox �mgloy��s, or which resvl�
from an ���rox�, omiasiono or nec�liger�� �ct o� the Enc�ine�r or o�
any of the Er�gine�r ° s agents, r�presen�.atives, su3�cc�n�r�c�.oi s,
off icers or �rt�plc�yees .
1 Z. Eraqi�neer' s W�rrar�ic o Th� Engineer warranf:s �haf, h� has
no� employ�d or ref�ained ��ny company or p�rsor�s, o�her than a
}aona ficie emp�oyEe a�orkiny solely for the Engine�r, to solici� or
J
secu�� thi� cont�a�� and that he ilas no� paid o� agreed �o pay
any comp�z�y ox p�rson, othe� th�n a bona �ide employee working
�ole�y �OZ' ��1P Engin�e�, any fee, commission, �exr.�n�ag�,
bx�ols�r�ge �eE, gifts, or �ra� ot��e� con��.o��ra�ior�, conting�nt upon
or result,�nc� ��om the awa�d or ma}cing of f:his con�ract. F�r
brc�ach or vio_la�ion of this caarr�n�y, '�he OwnPr shall havP �l�e
ri.gh'c to �.r�nul �tii� con�xac� �oithou� liabili�y or, in its
disc�e�ion, �o deduc;t from the con�ract price or compensa�.ion� or�
othei_wise r�c�ave�, the ful]. amount of such fee, cor��a.ssior�,
perc�nt�ge, b�olce�ag� fee, gift; �r contingen� i��.
13. Suece�sors �nd Assa.qn�. The cc�ntra� sha11 k�� binc�in�
and sha11 �nu�� to th� bene�i� o� the partie� hex�to and eaclz �i
�heir h�irs, �uccessors and a��iqn�, e�e��pt as o�herwise provzce�
heretn. The Enc�ir�e�r shal.:i_ not assign, subleti, or trans�e� i'��
intcrest in ��iis agr��men� caith�ut writ'c�n consent vf ���� Own��.
14 o rnclinE�r ° s Seal . The Engir���t� shail place tiis T�xa�
Pr��'essi.ona�. �ngin�er's �ea� af �nc�oxsemcn� on a11 do;;uments and
engin�erir�c� d�,�ta furnis�ed Tay ham �o �he Owner.
15 . 7r��p�ctxe�m of. Engi��ez ° s Boa}cs a�d Recvrds o T��e O���Y�e::�
may, �og pu�pase of terma.rxation o� the contract prio� t{�
c�mple�ion, e5camine �he boo}:s ancl rero�ds o� �he Engineer �c��c �.he
pur�ase of chEcici.ng �he amoun� o� the work p�rfo�rmed by the En-
gine�r at �h� ��,me ofc cont�act texmiflationo The Engineer 5ha11
m��.n�ain aIl book�, docwt��t�t�, papers, a��oun�cing reeard:; and
o�h�r �vi.c3enr,e peY�ai.ning �o �:he cast ineuxred and shall. ma;c�
suc2z ma�eraals av�i3able �t theix of�ice duxing �he con�xact
p�z3od and for �`Y��ee years from the aat� o� £inal payment unc��r
�.he contrr�ct, fox inspection by �he awn�r. In, the event fec�eral
gr�n� or T'or� Wo�tl•i City funcis are us€�d in whole or in pa�t to
pay for cost� inaur�ed und�r t�iis agre�m�n�, th� duly authorizecl
rE�resenta�ive� og Fort F�lox�tl Citgr �nd/or tYte Comp�troller Gener�l
of �he Unite�i Sta"ce� shali. have acce�s �.o a11 recox�d-s anc�
C�OCIIf[I�Il'�c'�t�0Y1 per�a�.ning �c� �.his eont�ac� for ta�� pua�pose �a
making �ran�cript� or audit�.ng.
16e Warr�nties of Snqnatorv< Thv un�3er�agned si.gr�ata� as-
sigza�tor.�e� for t�ae Fngin�e� F7ereby r�pr�senf: and ��ar_ran'c �o
Own�x �ha'� tlze Enc�ineer i.5 a Pgo�essional Er�g�nee°r la.cen�ec� by
�Tze State o� �'exa�, �.ha� the signatory is an o�ficer of th� En�
gine�r c1Y1(� �k�a� he hzs full �nd com�le�e authority �.o execute
�his contrac� on b�half o� �he EngiY�e�r.
Z7. Cc�nfa.dea��a.a�it�r. �ngin�e� shall rso� divulge or r�Iease
an� �n�orma��.�n cor�c�rnxng tYa� Pgojec� to �he public or �he mec3a.a
rep�: ��enta�ives c1ur.�ng �h� ter�� o� �hi� Agr�eemenf: without C7aaner' s
prior wri�.��n conser��c o
6
1�. Ins�r.ance. Engineer sha11 �urnish insurance with
reup�ct to �h� P�oject an� �he a�o�k as se� �orth in Attachment
"C'° here�o and Ynco�porated herein.
19a E�fo:�Nce�ten�, Venu� and Governinq I�aws. This contract
shall be enfo�ceable in Da11av, DaY1as Caua��y, Texas, and if
1ega1 actio� is n�c�ssary b� ei�hex party wi�h respect to the en-
fo��c�m�nt of any or all o� the terms or conditions herein, e�-
clusive venue for same sh�11 lie �.n D�llas Gounty, Texas. This
agre�men� shall be governecl by arad cons�crued in accorrlance with
Lhe laws of thc S�.a�te of Tepas e
20o Assux�z�ceso PnginPer sha11 eon�orm to aII federal,
s�ate and Fort Wor�h Ca.�:y poli�i�� and �.aws wi�tz regard to non-
d.iscrimination and minor;ty }�usine5s EntErprise par�icipa�ion .irz
�his cotZtrac�.
IN WIZ'N�.SS Wi3ERE�F, �he partie� to �his Contract �or En�
gi.n��ring Ser�ric�s have si�nec� o� caused their respective nanes
�o be �igned �� duplica�e counterpart� l�aereof on this day
of , 19 e
EI�IGINEER:
k3Y : � �'\, ` � I o�.�C.��
Martin Mal�o� v
OWNER:
BY : s:='=%'!`.�- `'_� �
.�
H. Hoss Perot, Jr.
T�TLE : �l; c,t Pry s;.,��.- .:�" ADDR�SS :
ADDRESSo �CQ f � �o.-"�l��s� ���;��: �i� ,
'/. t IGS
� o,�/�� � S ZZ�
7
A7.'�'AChjP9�IVT ��A�o
SGOPE (7F WORK � ESTxP�ATE AI�7D SCH�DU�,E
HAS I C F'EE :
The l�asic fee services a,re f-or the de5ign of 4-lane clivided
ICe11er-Has1Et Ro�d imp�overnent� �rom a point 1,100 feet wes� �f
Inter�tate 35W c�r��erline �o Intei�ta�e 35W and a n�w �-].ane
divicled acc��s �oac� arid k�ridg� a� ���e sou�l�east cognEr c�� �t�e
Airport tirac�t from �he c�n��x�l:ine of ItellerpHasiefi Roacl nor�herly
for approxima��ly �00 fee�. The prop�sal al�o covers rela��cJ.
channel ar�c3 cul��rt i�nprovem�xc�s along H�nrie�ta Creek fram a
poin� �p�ro�,zm�t�ly 1,200 la.�ear �Eet west o� Ir�terstate 3SW
k�.��.dg� �o a pna.n� appro�cimately 1, 000 f�ct east o�E Tn�exstate 3SW
bx�iclge .
The basic fee se�:vices irzcl.uc�� the follocainc�o
1< Co11.ec�:ion of data r�l�vant �o th� project such as
utilit� �lan�, ava:ilabl� �opogr.apkaic map�, bour�da��
sur�r�yv, as-built plan� £or a�d�ac�n� facilities, avail�
�b1e c�ca��echizical data, etc.
2e 1�repaxatzo� of �xelim�nary plans and c�st estimat�s.
3a Prep��ratio� of f�na1 con�truction dxawinc�s for gr�dinc�,
p�va.x�g, 5�orm dx�ai�aag�, bxidg�, reclama�ion and s�reet-
:la.c�hi:.s as r�qui�ed for cons�ruction of 4:ile improve-
�n�n�� . Prep�x���3on o� ar� Engi.n��r' s Est.ima�E oi Prok�-
�b1� Con�t�uc�.iQrt Co�� e
4 o Pr��aratioi� o� 5pecifications and cantcract docum�r�ts
for s�ic1 ij•npravemen�s.
5. COOgdl.Ylc`��G1flI1 �nd me��ings ���ith �.h� Oc�izer and
governrne��a�., u�a.l:i�y, and othe� agencic�, and g�xepara-
�ion af 5ubmifi.�a1 mat�rcials ��s r�qui�eri for projec�
coorc�.ina�t�on, sp�cifically excludins� any en�i.ron��en�al
a�se�smen��, ir�g�ac� s�atements or permi� application�.
6. �d�ce.�v�.ng a�d analyzing comp�titive bids, Adver�ise�
men�. o� �11� proj�c� if r�c�uir�cl.
7. Pr�para�ion of a Communa.�y Facili'�ies Agreemen� be'cween
Oam�x ancl Ci�y o� �'or� Wo�tii.
II. Coordin��ir�n of g�o�ect��ica� and t�a��rials tes�iny.
(Such �es�ing is �o be paad ior by �he Ownerej
9. COi]�Z c3GiG admi�i�icx�tior� includ.�n� re�res�ntas�ion o� tl�e
Ownc�x a�. precons��uct�.on eonferer�ces, visi�s t� th�
�i'te e�r��y �wo week� o is�uance of field e�iange� 4�iiai. do
no� af fect �he cos�. o mee�ings an�l coordina�iora w��ch �t�e
8
�tudi�� and flooclplazn map
im�act statements, or
15< S�ecial inves�iga�ions involving det�iled consideration
of opera�i�ns, main�enance, and overhead expenses;
p�e�aration of rate �chedul�, earna.ngr ancl expense
s�a�emefz�s; special f�asibility st�zdies; appraisals,
valuat�.ons; and materi�l audi�� or inven�ories required
�'o�c cert�f�.ca�ion of force accounfi: construction �er-
formed k�y the Owner.
Owner, and review and
es�ima�Es.
app�ova2 ot ContLac�or's pay
The basic �e� services do flo� include �he �ollowing, ��hich can b�
p�ovided as special �ervices:
1. IIout7dary, topographi�, and tree �urveys and mapping.
2. Prepara�ion of �r�limin�ry an� �inal pla�s.
3. Sur��ys �o� d�sign.
4. S�aking for const�uctione
5. R�productions of p1an� and specifications.
6. Sal�� or lease plats,
7. Soi1 borings and fQun�ation inv�stig�ations.
8. �u11-time r�sident �nspectore
9. Gertifica�ion �ha� wor}c is buil� �n accor�ance with
plaz�s and speci�Ycatiaris a.s not included. Cex'tiric���
�i.on tha� worlc i� built in accordance with pZans and
speca.fi.cations ia includer� if accorcipaniecl by �ull-time
�esicient inspector, I�em 8.
10. Site �rigineering on individual parCe�.s as required for
con:truction of bu�ldings.
:L1. Conceptual planning, master planning, or traffic
engineering.
12. Fili.ng fee�e
13. �iyci�ol.ogic and �ydxaulic
amendment r�quest:�o
14> �nvi.iorunental assessmea��s,
�erm.�ts .
9
SPECIAL SERVICESe
Th� propos�d �pecial services on this projec� ar� as follows:
lo Survey tor Design:
Surv�y for design wi�� include �11 fie�d and office
work required �o provide th� following items:
� �s��bl��h �he cer�terline ��ntrol for Keller-Haslet
Road and the proposed ai�port a�cess road and tie
said centerlin�s in�o exis�ing property corners, the
cen�erline of In��rstate 35W and miscellaneous
struc�uxes an� u�i3�ties.
* Ob�ain exisLi�g elevatia�s fv� cross sec�ions alony
1,600 linear fe�t of ICe�ler��asle� Road and 800
linear feet of accesv road. Cross sections will be
pr�par�d a� 100-foot i��er�als,
'Y �s�ablish soil �oring loc�tions and tie �hes� in�o
the project con�rols (horizon�al and vertical).
2e Su�vey for Cons�ruc�ion:
��rovide cen�erl.i�e con��ols and one se� of �ou�h
grade s�akes at 10�-�00� zntervals �or 1,600 Iine�r
�ee� o� Kell��-Haslet Road �n� �00 linear feet o�
the airport access goa�.
��rovide cen���line co��rol� and one set of gine
gr�de paving sta}c�s at 50-foo� in�ervals for Z,600
linear fee� o� �e11e��Hasl�t Road and 800 line�r
fee� o� the airport a�cess road.
��rovid� o�� set of offse� s�a�es and cu� sheet5 tor
drainag� pipes, inle�s and cu�verise
* Provid� one s�� of cen�erlin� con�rol and � suitable
benchmarle fo� �h� bridge construc�ion.
���avide on� ��� o� rough gradP stakes a� 100-ioo�
in�erval� for the channel construction along Hen-
rie��a Cre�k (a�proxima�ely 2,000 feet).
* Provide on� s�� of fin� g�ad� st�ke� a� 100-f�ot in-
tervals �or �he char�nel con�truc�ion along Henr��tta
Cre�lc arid ori� s��. of con5truction s�iake� for
hydraulic �tructures.
� Ci�ecic 00as-buil�" cross sec�ioras of channel int��ovp-
m�n�s �t 500-foot intervals<
10
3. Fiydrol.ogic and f3yc�xaul�c Study ot1 H�nrietta Creek and
F3uf ialo Creek ( Phzse T)
The HEC-2 models for H�nxie�c�� Creek and Buffalo Creek
hatre be�n obtained from the Corps of Engineers in �'ort
Wor�Ch anc� tlz� c�xis�.irag condz�tions model, a �u11y
aeveloped ►nodel and a preiimina�y cha�neli.zation model
have been rune The scop� of work assumes �.hat the
fu11y dev�ioped flow e�tima�ev that have been m��de to
da�� wi11 be satis£actory to tlze Ci�y of For'c W�rth,
anc3 th�t no addi�ional hydrologic modelling will be
requir�d. ThE following worls items remain �o b� done.
�� Ta� as,ociati.on wi�h the Gor�a of �nc�ine�rs and �he
i7.So �i�h and &7i7.d1i�e Sexvlce, perform a we�lanci
de�ermination �'or the pxojEct arPa, an�i develo� a
�re�.a.m9_nary improvement scheme which will sati,sfy
404 Permit criteria.
� Siz� a, r��ief culv��� across Ke11er-Haslet Road �o
prev�n� � base flood level increase if the ICe11er-
���s1et �toad in�e�charag� �.s closed off �o
flooc�waL-ers. L,ayout a channelization �cheme For
fienrie�ta Creeko Op�imize the relie� culver� size,
c;hannel. size anc� p�opased bridge size through suc-
cessiv� hydraul:�c maclelling>
* Gonfe� wx�.h f:he variou� pre�p�rty� Own�rs, �'it�r and
k��.ghway Depar�mer�t to f.ina:�iz� the improvement
scheme. Prepare con��ruc�ior� cost estimate�.
� Prepare a prelimin�ry concep'tual plan with flood
da�.a. Prepaxe a letter r�po�r� fo� the Ci�y of For�
4vorth �a process throuc�h F�MA. The letter, repor�
w.�] 1 r�quest a Cond�.tional Let�cer of Map Amendment
and cvi11 inclixde the collo�a.ing:
a. I2ev�sed Wa4:e� �SuYi��ce Prof�l�s ior the 10-, 50-,
�00- and 500-y�ar floods.
1�. Me•�hodolc�c�y and Staxting Parar�eters �o� the
Study (Flood Discharc�es and Computer Model),
Verifica�iori of ea�isting computer model.
c< Floodway hydraulic barltwate� model in,cluding any
prn�os�d chann�liz��ione
d. D�awirag5 delin�ating �h� 100py��ar and 5�0-yeai
�flood baunc�arie�, 100-y��ar f:loodway bound�r�r,
loca�ion of cros�-sec�ior�s �nd flow liness
e< Me�.hoc�s �or handling a�eas of high chanYzel
v�10City, i� any.
11
'� Coorc�inate the processing af �he Map Amendm�a��t/
Ftevision Reque�t �hrough the City of For�: Worth,
F�Nl� Region VI e;ngine�rs in Dentcon, TexaS ; F�MA,
W�shingtnn, �o �'. , and the FE1�2A Technical EvaluaL-ion
Con�ultant (1EC).
�_ �upply �.echnical information as r�cyt�ired to suppor�
�he reques� for Map Ar�nendm�n�/Revision.
� b�o7.low up with ���1R and the TEC �o insure prompt
processing of the T�chnical Data. Obtain Condi-
tiona2 Letter of Map Amencimento
*�xepar� a Courtesy Suk�mittal to i.he Texas vepar�ment
o� Water Resources ii requested by the Ci�y oF E'ort
wUrth.
* i�r�pare and process a 404 Permi� through i:he Corps
oi �ngine�rs. Fo11o� up as required.
* Ob�caa.n a fill permit ii required from the City of
I�°oric Worth.
�l < Hydrologic and Hyciraul.ic Study on I�enrie�ta Creek and
E3uf �Calo Creek ( PYaase I I)
7Che Phave I sttudy ��i1i conelude b� obtaiiling a FEMA
"[.ettier of Aelief1° agreeing to the channeliz��ion
concep�, and � Corps of Engine�rs 404 Permi� agre�ing
�o �he ex��n� of a1�ce�ation of we�la�d in the proj�ct
axea. Th� deitaiZed cons��:taction plans for the
chanr�eliza�ion, bridge, culv�r�, �tc. will be compl�ted
�.n para11e1 with �his procesa. Ths Phase Ii work con-
cerns fii�al processing af the floodplain recl�.rr�a�ior�
af�er constzuc�`ian so �che FEMA will officially G.lt��
Xts E�'1ood�laiM Map� a T�►is steg� is �ritical to plat�inq
ar�d ob�aining bu�.lcling pern�its . The steps in tizi:�
�aroc�ss �ge o
i� Obtain as-built clZanneZ s�ct�on5 b� field surve�.
*�2ecompute �.he hydraulxc models anc� finalize the
fl�od�lain m�p�. Pxepare as-bui.l�s ch�nnel pl�ns.
Prepare a lette� repor�. to FEMA. Fo11ow up �.s
i�cquiredo Obt�in Fina1 L��ter of Map Amendment.
5e Pla��ing:
�' Frepare prel.�minary nnd �inal plats for �he required
projec� areaa Process plats through the City o�
ro�ct t��or�ii o
� �repare chanr�el eas�m�nts �� covex� drainage imgarove-
men�cs ou�sid� of tch� plat�.ed are�.
12
6.
7.
* By �i�ld �urvey, establish the corners of the
plattEd a�e� an� �he drainage �a�emen�s.
Construc�ion Inspections
� ProvidE �ull-�ime construction inspection �Qr the
du�ation of �11e construc�iQn contract if required.
It is expec�ed �hat th� City of Fort Wort� will in�
spect �his pr����t. How�ver, Engineer recomnaend�
th�t it� inspector be assigned to the bridge a�d
culvert con�truc�ion.
�abor��ory Testing
* The Owner w:tl� provide laboratory testing to �h�
�ngineer'� speci�ica�ionso
13
Ti9�E �CH�D�LE
�IORT� �ORT 1N�RTs� A�RPORT
S�UT� ��1�RA�C� ���PRC'���E�T�
TdSK
¢���S� f � �r2EL[t�lN�RY EPSGii�E��t�lG
D ) ��TA ��LLEC�€�f�
2) �'RELI�A6�AR� CQ�lC�P7 PLAPIS
�9�,�SE II - DETAIL �ESiGN
e 3��CESS R�AD At�O E�ASLET RQAD
2� BR[OGE
3) Cf�ANt�EL
�� ca��R�cYs � sPEc��Ec���o��
�il PLATS. EASeMENTS. & Co�oA<
'F�dSE ! � i — �OMSTRUCT14id ADl�lNISTRATlOr1
3 4 5 6� 7
�.— R�9��.�F B �4TY, ;
� R�
ii�9E ER! MOIV�HS
� ` 9 to f� � �2 �3
S� GE �
�
�
Y�i B'j� Ci71', SI-F7 & OE
�
� ,
�
���ri�ii�i�. � A'�A�?J
�
� iiii��r�iiii��iiiiii�
�
� � E�I�D91�� �
14 !� t6
6i ! t�
l
E
S�Rtl�TlOi �f� � E
<
u��� sz ��a��-�s �
�
�
iii/i/�/iiii aii/ii� ii�ii �;��iiia�ii ti�
- Assumes City of Fort b�o�*h �ssz�es ltdor� Oz d�r prior �o issua�Ce of Bei��f Letter.
it is anticipated tha� it E,ri11 �ake 4 to 6 months to obtain Belief �etie� from FEMAe
�
1 2
1
A�"�ACHMENT "13 P1
SA��� O�' CQMI�ENSA'�'IUN
��'OR ENGTI��.�RTNG SEFdVTCL'S
SASIC F��:
A. The k�asi� of� co�a��n�a�.ion fox basic: f�e shall b� �.h� di.rect
sal�r�r cos� of eac}� o� �he Engin�er B��mg�loye�s enc�Gged �.n
pxoduc�ion o£ the �roj�c:�t, times a mu1�i�lier of 3.0 ior
��i.r�c�c beiz�f�t�, ovexh�ar� and p�ofi�. This m�,i�t�.�lier
includc�� a12 costs of �ccountirac� and o�her 5t��i ���
di�:ectly invol��d in prc�jec� p�od�c�ioraa
Ei. Direc� non-la}�or e�pEnses inciud� sex�vic� of sl�sc_ial
consulf:.an�s ( a.£ au2:hor�zed b� Ow�a�� ira �rriting) , computer
ancl CAD� cliarg��, reproc��c�io�i and c�eliver� ckzarges,
�.�1�g��pY� �nd te�eph�n� �o11 epias�c�es, bicl adve��is_4ng
char_qesP filing f�e�, e�c. and �_��vel anci subsiste��ce for
�rips ou�side oi ��Ze �I��rop��:c by p�inci.pals azzd st�rf whez
required fo� tl�z� �rapex� ex��u�zon af the w�rka A schedule
of ch��y�s �or rezmbu�:s�ble expenses Ys shown on Page ls of
�hi� contract, o
C e The ma�imum a_mount; p�y��r�le �o� ��sic
eon�x��� ��ithous� moda.��c:��ion
$170,OOOo00, incluc�ing Y�Ymburs�blc
S�'ECi1�L S�RVI��S o
f'�� services under this
of the contrac� is
��p�nses.
s�. The basis o� comp�r�sat�on ior spec:i�l �ervices shall be �he
c�i�ect �a1a�y cost� �� each of �.he Engin�er's employee�
engage�l i.n p�aduct:io� ob �he �roje��, times a multi�liex of
3. 0 �or �� ir�g�: :ber���i�s, overh�ad anci profi� e Thi�
rt�ul�ipl�e� :�nc7.udes �11 co��� oi acc�un�:ing and other s'��ff
not d�re�tly �.a�valv�d :Lg� p�eo ject proe3.uc�.ion o
B. Dir�c'� r�on�labor e:�p�ns�s :ir�el�ad� service or s�eci.al
eonsuZta��s ( z� a�z�ho�.iz�e� b� Owrze� i�t c,�ri��.ng) , eomput��:
anc� C��I?D charges, reproduction a�� delivery charges,
�.c�le9raph 1I1G� �el�phor�� i�11 cha�ge�, bid adver�isit�g
charges, �iling fcces, e��. and �.��ve1 anc� subsistence for
�rips �uLside o� �l�e Nle�zop���c by principa:�s �r�d staff when
re�ui��cl fo� �hs prop�:�- ex�ctz�.�on �£ �he wark. A sche�ule
o� cha�g�s �or g�imbur�alb�� ��penses is shoc�n on page 18 of
this cvntLact.
.15
C. Estimated Contrac� Fee Sched�le for �pecial Services:
1) Surv�y For Design
Cen��rZin� Control and �ies $2,200
Cro�s ��eg�on� for Roads J.,70U
Soi1 �orin� Ties 800
�ies �o �xx�ting Struc�ures
and Ut�li�ie� 1,S00
S�b�ota� $ 6,200
2) Survey �or Constru��ion
�ou�� Grad�� �ox Iaoads
�i�� Grades for Roa��
Grade S�akes �or. D�aznage
Con�rols for Dr��g� (C�n�erline
and I3enchma�lc onl� )
�touc�h Graele� ��r Channel
�'in� Gr. acle� fo-r Ghanrael
Ch�ck "As-nuilt" �ecrcion�
Subtotal
2,400
4,800
5,90�
700
2,4Q0
�,000
z,000
3) �%yci�alogic and Hyc�.x�aul; c S�udy, Phas� T
47�i:1a�d� nete�m:inai:lon $ 1, 500
�p�:�.mize Channel b� Mod�llitig 23, 000
Pre�ar� Report �o b'EMA and
Coorc�ina�s 7, 000
Pr�:p�re and Proces� 409 Permi� 10,000
�tlbto�a�
$ 20,200
$ �1,500
4 D T��d�o�l�gic and I��d��ulic S4:udy, Phase IT
Pxe�ar� l�s-Buil� Sectxa�s � 2,000
al��.�in I�'inal F2�po�t 3. Q00
5ubto^�al $ 5,Q00
5) Pla�ting
Pr�gar� ane� P�oc�s� �l��t�
(S�r�et R.O.W. oni�)
Pxe}?�r� chaa�n�l L�semen�s
E��ab1�,sP� I��.�� anci Easemezit
Corncrs
Subto�a�.
$ 2,000
2,000
3,000
$ 7,000
16
6) Fu11�Time Inspection
(No� Budgeted)
$ NI�
7} Laboratory Testing
(By Owner) � �ZL
Total Special Service5 Lstimate $ 79,90Q
D. Inspection:
Inspection will be provi�e� if requested in wri�ing by
the Owner on an hourly basis at approximately $36 per
hour, dep�nding on the individual assigned: Inspec�ors
are equipped with nuclear density measuring devices,
thereby making them capable of ��sting earth�r�ork a�d
saving testing services. It is not possible to budget
for i«spec�ion at tt�is time because the construc�ion
time is not set. Payment for inspec'cion will be fqx
actual on-job time, and hourly ra�es inclu�e car �nd
mileage allowances.
E. Payment will be made at two i�tervals during �he
contract:
1. At 50s completian of the design caork and as the
City of ror� Worth reimburses 4wnex fo� design
services.
2. At 100� completion af all plans an� specifications
and as the Cit� of �ort Worth makes final paymen'c
�o Ocaner for design activity>
17
R�It�BURSABLE RAT�S �C�EDULE
�eimbur�able �xpens�s an� ��iei� ra��s ar� Iis�ed b�low. The
amoun� of �eimbursahle �x�ense on this project zs shown on the
cos� bre�k��ws� sheeLs.
Vehicle�e
Harris Computer:
In�e�graph (C1�D):
Prin�.ing ( in-houve ) ^
Survey Veiiicle�:
Survey Equa.pjt��nt e
Traysl (outside of the
Da11as-�'ort Wo��h Metropl�x):
Deliveries (in-house?e
Othex� Direc� �o��s
( no�t in��iouse ) :
No c�arge £or travel in the
����oplex.
$0.2�20 per second for CPU time
�o ch�rge �o� connect �ime
�0.002� pEr line tor pri��ing
$O.Q040 �eg second for plo�ting
�30v00 p�� hour for connect �ime
(��at ra�e)
$12 0 �0 ��er plo'� for ink plo�� c�n
myl�r
�11.G0 per plo� for electros�a�i.r
plo�� on gilm
$3070 �er plat ror elec�rostatic
p1Qts o� paper
$1e10 e�ch �or standard bluelines
�3050 caeh �o� �tanclard myl�rs
$0 e 11 e:ach fo� photocopies
Nc� r,harge
No charge
��in�bur�ab�� charge x 1.00
$0.20 per mile for vehicl� use
Dc�7.ivery charge� ar� es�.ablisl�ed
fo� varzou� zones in the City.
T�ie�� cha�g�s vary from $9.20 �c��
a d�li�rc�ry app�oximately � Ti1�,1@5
fra�n oux offiice to $2�e75 ��r a
del�very to an ou��ying a�ea s�.ch
as The Colony or Iialch Sprirzgs .
1000 x Actual Tnvoice Cost
il:�
, �
�iT'i'ACHMENT C
�AII insurance pol�.cies �%a1.I be with approved insurers, with
deductib3e� an�3 in �orm accepCable �o th� Own�r, and shall be
subj�ct to Owne�'� z�vi��� and ap��ava�.e Certifica�es of in-
surance sha'17. be provi.ded b�axang endors�ment "Not to be can-
celled wi.thou� t}�a.r�y ( 30) day�' priox no�ic� to Owner.'° En-
gi.ne�r sha1�. p�ovide, a� Eng�.n�or's sole cos�. anc� expense, the
following ���s of insurar�a� with limits r�otc less than tho�e �et
fo��h below:
(i) Engin�ex sha11 £il� with the Ovaner certificates og
�rrors and om.issions (profes�aona�. �.iabiiity) insurance having
mir�imum 1imi�s of �'ivE Mi].laon L�ollars ($5,OOOo000.00) for each
occurrence ancl Five Millinn Dollars ($5,000,000.00) aggregate.
( ii) Wor}cer's Compen�atior� �:nsurance �.o cove� t'ull
liabili�y t�t�dc�r �h� Woxke�'s Compensation La�vs of �he Sta�e of
Texas with ��m�loy�r's �,iab.�lity coverage in limits not less �h�:�
$100,000; bodily irajury b� acaiden�, $100,000 each acciden�;
bodily �njury k�y di��ase, $5040000 poiiey limit.
( ii.i ) Comprehensiv� G�raeral L.iabilifcy Insurat�ce,
including, on an "occurrence1° b�s.is, insu�ance fo� Hazards of
Op�ra�ions, �l�v�tor�, Tnc1E��nderat Con�ractor�, Pr_ocluc� aiid Cam-
pl��ed Ope�at�.ons, Contractual T�:�ability Insurance ei�h�r d�sig�-
�aa�ing thi� con�ract or written General T�iability and Contractual
Liabili�.y Tnsurance must be endorse� with broad Form Froper�y
I�amage �ndo�s�ment (including Completed Operations) and afford
c;ovex�age £or explosion, eollapse, and unc��rground.hazards, Per-
sonal Tnjury �'��ability Insurance for Groups of Offenses �, �, and
C, wa�th Exc�.usi.ons (�) and ( c) d�le�ed. Owner shall be narned as
an additional in�ured under this policy. The insurance required
by this clause shall be in limits not less than the following:
Bod�ly Tn�ur�r Liabili�.y
$250,0�0 eac�l oacurrenc�
$500,000 �ggrega�e produc�s - compl���d operations
�roperty Damage Liabila.�;V
$250,0�0 �a�h occuYrenc�
$300,000 agc�r�gat� op�x��tions
�300,Oa0 ac�gregate prote�tiv�
$30Q,000 aggr�c�ate prodizc�� �
$300,000 agg:rega��e contrac�ual
Perspna�. Inju�� i,i��bi 1i�y
$250,0�0 �ach p��son agg�c�ga��
$500,000 gen�ral aggreg��e
�ompletea opeiations
19
w �� � , � .
' `
Automoi�i�.e �,iabiY.ity ia7suranee covera.ng all own�d, non-o�3ned
anc3 h.z.r�d arx��r�ok�iles u�ed i.n eonnec�iQ� wi�2a �he wo�k caith
�h� follc�wing minimum limits:
�odily� IgZ7ux�r
$250,000
$SOO,OOQ each accu�rence
P�operY�� Uamage
�100,000 each o��u�renec
Produc�s/Completed Op��ations coveray� r�hall b� m��int_ained
in force co� a perioci oi �wo (2) year� £allowing compl�tion a£-
a11 worlc hereua�der s
Enqine�r shai.l al��o tarovid� and maintaiil insuxa�zce for
�u�omobile 1i�k���iZ�y ar�c� au��mobi�,� p�op�r�y damag�, c�vexing �-�11
automobile� aa�d �rucl�s, whe�izer ownec� or �ired by Engine�ro usecl
by �ng.ineez ox any of En�tin��r' � ag�ni�s, �mployEes ox� su�--
con�ract�rs, �ither or� or awa�r ��om th�: Project, it� lit�its ot�
$250,000 fo� each pex�son �nr� $500,000 �or each occuixeilce fc�r
l�od�.�.y inju�a.�s or de�th r�,ul�a.glg �h�refrom; ancl in ��rnits of
�10Q,000 fo� prop��f:y d�mage� for each necurrenc�a Owner shail
k�� nam�ci as adc�i�.a.onal i��isured on �uc�i a�atamobil� liabil�ty and
pxoner'�y damac�� ��olicie� .
'I'he co�� u� ��n�r �o�ses sust��la�ied bEe�u�� ot the clauses �i�at
specifcy ded�c�ib�.e �.mounts �.ra aray of th� insurance policie�
rei'erred to ar�ov� uh�11 b�: p�icl b�r �.he Enginc��.
�nginc�r sha17 reguirE all poli�:i�s o� �nsur�nce (with �he
exce�tion o� �l�e �:�rc��s �nd �missa.c�n� In�urance ) tlzat are .in �n�r
cya� �elated �o �he wa�lc �nd tia��� are sec:ux�c1 and maintairae�i by
Enga.Yic�e�, �o inc�uc�� c1�u�es prov�d:ing �I�a� each und�rwri�er
�i�aA1 waive a�.l �� it:� rig'ri�.� o� �ul�zo�at�on ag�in5t Owii�r.
f�].�. iz��ux�ar�ce de�crzbEd he�'e2r� sha�.l be written in com}�a��y
o� compan�.es sa�.a.sfae;�or�r to Ch�n��. IsE Enc�ineer fails to produc;E
�nd rnazn�ain �%� saic� insu�ance, Ownex� sha11 Y�av� �he righ�, bu�:
no� �he oblic�a��ora, L-o procure anc� maiiztaiYl the �aid insurance
for ���zd in fihe name of such Y�ar�zes anc� '�.hc� E�.gine�r sha1.1 �ay
�he co5t �.hei�o� ��c� sh�11 furz�ish all necessar�r inform�tion to
mfal�e ���ecta.ve ancl m�in�aia� �uch insuranceo The Engine�r will
no� viol�t� of. )sn�v�xngly p��i�nii: 'Lo be vio3.ated any condit.�ons of
ii�asuranee c���c�ib�d he��.if�.
20
� „ ,.
� �
�
CONTRAC`.0 AMF.NDMENT NO. 1
Th�is amendment is -to the contract far enginPerine�
roncerning acce�s to the Narth �'ort Warth A:irport
and between H, R. Perot, Jr. and Albex�t H� Half:E
and dated December 3, 1987,
91 Prov.id� cor�ceptual plann.ing for bric�qe, channelization
and access r�adways consisting of hydraulics an.d
hydrology for Henrietta Creek and Buffalo Creek;
prepare alternatives for creek ch.annelizatian, roadway�
and bridge, and work with Owner to devel.op th;e scope c�f
wor•k and cos�t estimat�s .
l� On Page 13 of said con�tract following subparagraph 7, the
Foll.owing subparagra�hs are hereby added to the descr.iption
of �.he scope of the Special Ser�vic:es in Attachment "Af1 ta
�:�E CUiI.�Y'dC1=.:
£3) Geotechnical testing �or bridc�e, cYzannelization and
access roadw�y per proposal by Rane Engineers.
2. On Page Number 17 af said Contract following �ubparagraph 7,
add the followi.ng subparagraphs. These added subpar�graphs
are uz�der Paragraph C of Special Servires in AttacYunent "B"
ta the cont.r. act :
�3) Ge�technical testing .for bridge,
c:h�nnelization and access roadway
per p.roposal by Rone Engineers.
30
4.
servires
entered into by
�ssaciates, Inc.
$ 5,G00
9) Px�ovide canceptual planning for
bridge, channelization and �ccess
roadways consisting af hydratilics
and hydrology for Henr.ietta Creek
and Buf_falo Creek; prepare
alternatives for creek channelization,
roaciway and bridge, and work with
Owner to develop tY�e scope o£ work
and cost estimates. $28,500
On Page Number 17 of saic� contract, revise thP amount listed
af.ter "Total Special Services Estimate" to $114,�Q0.00.
Revise the name of �t.he Owner listed in the contract to Perot
Tnvestment Partners, L�td. and delete the name H. Ro Perot,
Jr.
A11 other terms and conditions of the contract shal"1 remain in
effect.
21
' ,
C.��nt�rac�t Amendme�.zt No. 1
:E��a.ge Twa
Th:is .Amenclment No. 1 ta the contrac�: is agreed to on this
d�zy �f December � 1987 .
ENGINEER:
ALBERT ii. HALFF AaSOCIATES, INC.
B,y �
T:itl�:
� /�� �
/ Niartin Mal o
Vice President
Address:8616 Northw�st Plaza Dr.
c�WN�R :
PEROT INVESTMENT PARTNERS,
�:�r.L'D . ��'
/ "..
�
- _ - � � =..���1 ���/��
�3y: - �,� .�- �r _
H.R. Pernt, J.rd
Adc�ress:12377 MPrit Drr�re
Suit� 1600
Da11as, Texa� 75225 Dallas, Texas 75251
22
1 � � �
,��, ( ,� � j ��i�% ,/i'�.�/ �. `j/%.;, ��, _. / .
�� �
��� � 1F��� ���th, �C�.��.� � >�'�, � - �
� .�
.�I���� ���C cC���,�c�ll c���,�,��,��c�����,
DATE REFERENCE suB�Ecr: CONTRACT FOR THE INSTALLATION PAce
2�9�88 NUMBER OF COMMUNITY FACILITIES NORTHPORT lof 3
C-10792 qDDITION/SOl)TH ATRPORT AC(:FSS R�A�
AND KELLER-HASLET ROAD UPGRADE
Recommendations:
It is recommended that:
1) The following bond fund iransfer be approved;
From
90-136901-00
New Development
Unspecified
90-136901-00
New Development
Unspecified
90-095701-00
City's Share of
Engineering in
New Development
90-095701-00
City's Share of
Engineering in
New Development
To
90-136060-00
Northport Addition/
South Airport Access
Road
90-136061-00
Keller-Haslet Road
Assessment Paving
Northport Addition
90-136060-00
Northport Addition/
South Airport Access
Ro ad
90-136061-00
Keller-Haslet Road
Assessment Paving
Northport Addition
* Totaled together equals $2,720,767
**Totaled together equals $295,000
Amount Reason
$2,516,761* To provide funds for
City's cost of
construction.
$ 204,006* To provide funds for
City's cost of
Construction.
$ 252,480**To provide funds for
Ci ty' s cost of
Engineering.
$ 42,520**To provide funds for
City's cost of
Engineering.
2) The City Manager be authorized to reimburse the developer for the City's
share of cost for storm draingage and street improvements upon
satisfactory completion of the same;
3)
4)
The City Manager be authorized to make joint payments to the developer and
the developer's engineer for the City's share of design costs: and
The City Manager be authorized to execute the Community Facilities
Agreement with the developer, Perot Investment Partners Limited.
Discussion:
Perot Investment Partners Limited, acting by and through H. Ross Perot, Jr.,
its duly authorized Managing Partner, the developer of Northport Addition/South
Airport Access Road and Keller-Haslet Road upgrade, has executed a proposed
contract for community facilities to serve the area shown on the attached maps.
DATE REFERENCE s�,e�ECT: CONTRACT FOR THE INSTALLATION PAGE
2�9�88 NUMBER OF COMMUNITY FACILITIES NORTHPORT 3of 3
C-10792 ADDITION/SOUTH AiRP(lRT AC�ESS ROAn
AND KELLER-HASLET ROAD UPGRADE
The contract includes City participation in the cost of streets, storm drains
and street lights. Payment for the City's participation in design costs may be
made jointly to the developer and developer's engineer.
In order to provide sufficient funds for the City's share of the cost of these
improvements, a bond fund transfer is proposed from New Development Fund 90,
New Development Unspecified, Project No. 136901-00 in the amount of $2,720,767;
and City's share of engineering in New Development, Project No. 095701-00 in
the amount of $295,000 (in which sufficient funds are available) to New
Development Fund 90, Northport Addition/South Airport Access Road, Project No.
136060-00 in the amount of $3,015,767 and Keller-Haslet Road Assessment Paving,
Northport Addition, Project No. 136061-00, in the amount of $246,526.
Sufficient funds are available in Fund 90, Project No. 095104-00, 87-88
Salaries, to finance engineering and administrative costs. The expenditures
will be made out of Index Codes 621318 and 6212?_7.
Assessment Paving
A portion of the street improvements in this contract include the construction
of Keller-Haslet Road from the east right-of-way line of Interstate Highway
35W, westerly an approximate distance of 1,?_50 L.F. consisting of a double 26'
roadway of arterial grade pavement.
Letters were mailed to all property owners affected by this assessment project
on January 29, 1988, advising them of the proposed community facilities
contract for Northport Addition/South Airport Access Road and Keller-Haslet
Road Upgrade, and that the City Council would be considering the contract at
its meeting on February 9, 1988.
Plan Commission Approval
On April 29, 1987, the City Plan Commission approved the concept plat (C-87-1)
for Northport Addition.
Special Condition
The Community Facility Agreement is prepared in conformance with "Service Plan
for Annexed Area" attached to and made part of Ordinance No. 9914, approved by
the City Council on September 15, 1987.
DAI:wq
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY:
ORIGINATING
DEPARTMENT HEAD:
�-�Dav i d Ivory
Joe Bilardi 7820
;1I'F�I�t�1��� 13Y
����Y ��I�N�IL
�:� � ���e
-,
DISPOSITION BY COUNGL: j; � ��r C'�/ �, , pROCESSED BY
❑ APPROVED ` f'�'`' ,
❑ OTHER (DESCRIBE)
�t� � � ,ITY S�CRETARY
. vy„ , t�.
FOR ADDITIONAL INFORMATION
CONTACT: J�e Bi 1 ardi 7820 DATE