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Home My WebLink AboutContract 8321 CITY SEtPETARY ' CONTRACT No-F&V COMMUNITY FACILITIES AGREEMENT STATE OF TEXAS COUNTY OF TARRANT WHEREAS, H. R. Williamson et ux Betty Jean Williamson of Tarrant County, Texas, hereinafter called "Developer", desires to make certain improvements to a portion of Lots 1R & 4R, Block 25, Diamond Hill Addition to the City of Fort Worth, Texas, and, WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant County, Texas, hereinafter called "City", to do certain work in connection with said improvements; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That said Developer, H. R. Williamson et ux Betty Jean Williamson, and the City of Fort Worth, acting herein by and through R. N. Line, its duly authorized City Manager, for and in consideration of the covenants and agreements herein performed and to be performed, do here- by covenant and agree as follows, to-wit: OFFICIAL RECORD CITY SECRETARY F'T. WORTH, TEX` WAT[R AND/OR SANITARY SEWER FACILITIES No watcr or saniLa,Y sower facility extensions are needed to serve this proposed d,vc | o|^/`un,, and all required services will be provided through usiob | ishuJ rourinns specified inapplicable ordinances and regu| aLions . RECOMMENDED; obinsor<,-Vi rector, Water Dept . Date = Il� � � � � � llillili IIIIIIIII � � iiiii.. . �uuuuuulllllllluui i uulllllli� � � llll�l�� Illl� �uuuuuulll�+fllllliiiiiiiiiiiuill uiuuuuuuuuuuuiiuuuuuuuuuuuum muuumiriwpuuuumllllllllUllllll�� l� �� ui �i�u�iUililllllil44111�uiuuuuuuuuuuuuuuuuuuuuuuuuuuu , , i � iu i � II 1111 Illllllih�ll� �uu uuuuuuuuuuu uuuum i 3 i o + ��n R IIII ro +w�r a.+�.,lA-�A, by �� i kM `�Yw '�,��a�. 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L..- 10 Z-11 Gary L. ?ferre,- Traffic Engineering D Lots 1-4, ,Sloe 25 Diamond Hill Addition Fart Worth, 'Texas IIl-1 IV. (-,fNEkAL REQUIRLIFNIS A. It is agreed and understood by the parties herelo that the developer shal I employ a civil engineer, licensed to practice in the Stnte of Texas, for the design and preparation of plans and specifications for the construction of all facilities covered by this contract , sul�ject to paragraph B. B. For any project estimated to cost less than $6,000, or for any project designed to serve a single lot or tract, the developer may at his option request the City to provide the design engineering, and if such request is granted the developer shall pay to the City an amount equal to 10 per cent of the final construction cost of such project. C. In the event the developer employs his own engineer to prepare plans and specifi- cations for any or all facilities, the plans and specifications so prepared shall be subject to approval by the department having jurisdiction. One (1) reprodu- cible set of plans with 15 prints and 35 specifications for each facility shall be furnished the department having jurisdiction. It is agreed and understood that in the event of any disagreement on the plans and specifications, the decision of the Public Works Director, Traffic Engineering Director, and/or Water Department Director will be final. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested at all times in the City of Fort Worth, and developer hereby relin- quishes any right, title, or interest in and to said facilities or any part thereof. E. The life of this contract shall be five (5) years and it is understood that any obligation on the part of the City to make any refunds hereunder shall cease upon the expiration of five (5) years from the date of execution of this contract, except for refunds due from "Per connection charges" on sanitary sewers and from "front foot charges" on water mains, both of which refunds may continue to be made for a period of ten (10) years after the date hereof, as elsewhere provided herein. It is understood by and between the parties hereto that any of the facilities or requirements included herein to be performed by developer not completed within the five (5) year period, may be completed by the City at the developer's expense, and the City of Fort Wirth shall not be obligated to make any refunds due the developer on any facility constructed under this agreement until all provisions of the agreement are fulfilled. IV F Performance bonds, or a cash deposit in lieu of and in like amo,unt of the perfor- mance bonds, are required for streets, storm drainage and street lights, and must be submitted prior to the execution of the contract for installation of community facilities by the City. The bonds shall be standard performance bonds as provided by a licensed surety company on forms provided by that surety company. A cash deposit in lieu of the performance bonds may be made in the Treasury of the City of Fort Worth or in any financial institution in Fort Worth which in insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The City of Fort Worth cannot pay interest on any deposit made here- under in the Treasury of the City of Fort Worth. When the option is exercised to make the cash deposit in a financial institution, the following terms and conditions shall apply: (1) The developer shall execute four copies of a letter assigning the deposit to the City of Fort Worth and providing �for the City to withdraw the deposit if necessary to complete construction. Such letter of assignment must be accepted in writing by the financial institution. (2) Upon satisfactory completion of the facilities for which the deposit is made as security, the City of Fort Worth shall reassign the deposit to the deve- loper, including accrued interest or dividends thereon, upon express order of the City Manager. (3) Deposits may be made in any Fort Worth financial institution whose accounts are insured by the Federal Deposit Insurance Corporation or the Federal Savings & Loan Insurance Corporation. Bonds or Cash Deposits will be furnished for: (a) 100 per cent of the estimated developers share of the cost of the storm drains. (b) 20 per cent of the estimated developer cost of streets for amounts between $0 and $25,000 or $5,000 plus 15 per cent of the estimated developer costs for amounts between $25,001 and $50,000 or $8,750 plus 10 per cent of the estimated developer costs for amounts between $50,001 and $100,000 or $13,750 plus 5 per cent of the estimated developer costs for amounts over $100,000. (c) 100 per cent of the developer's share of the cost of the street lights as specified in Section 3 of the contract. (d) A cash payment of the developer's share of the proje,ct cost is required prior to initiation of construction for any facilities for which the City shall award the contract. IV - 2 G This contract , any [)III'L Ur any i )Lerest he�ru in ih,al I �10L be assigned by developer without written C011",L'Ilt Of the City 'Ianager, and it is. further agreed that such written consv.nL will rjr.)t be granted for gr(w assignment , transfer, pledge arid/or conveyance (if any refunds due or ro be�,,orrie due to developer except that such assignment , tranA"vr, pledg(,,> and/or corvv(,,°yiance s[V all be for the full amount of the total of all ;uch refunds due or to become due hereunder. Ii. On all facilities inciudod in this afire" emenL for which the developer awards his own construction contract, the deVeloper agret s t.0 fol,loj4 t�,ae following procedures: (1) If the City participates in the cost of thc facilities , the construction con- tract must be awarded after advertising in a local newspaper at leant one time not less than two weeks prior to the date of receipt of sealed as required by State statutes prescribing regulations for contracts for public work. The sealed bids must be opened in the presence of a representative if the City. (2) To employ a construction contractor who is approved by the Director of the department having jurisdiction over the facility to be so constructed, said contractor to meet City's requirements fore being insured, licensed and bonded to do work in public streets, and to be qtialifiad in all, respects to bid on public projects of a similar nature. (3) To require the contractor to furnish to the City payment, performance and maintenance bonds in the name of the City for 100 per cent of the contract price of the facility , said bonds to be furnished before work is commenced. To further require the contractor to provide public liability insurance. (4) To give 48 hours notice to the department, having Jurisdiction of intent to commence construction of the facility so that inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces , and not to install any sanitary sewer, storm, drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, ana to make such laboratory tests of materials being used as r4y be required by the City. (5) To secure approval by the Director of the department having jurisdiction of any and all partial and final payments to the contractor , said approval is made, in accordance with requirements of this agreement, and is not to constitute approval of the quantities an which payment is based. (6) To delay connections of buildings to service iines of sew, r -and water mains constructed under this contract until said sewer , nd water mains and serrJ.ce lines have been completed to the satisfaction of the Water Department. (7) It is expressly understood by and between the developer and the City of Fort Worth, that in the event the developer elects to award one single construc- tion contract for all facilities, water and - nitary sewers, storm drainage and pavement, shall be separated in the bicdiag and City participation, if any, shall be limited to the lowest possible combination of bids as if each of the above-. were awarded as separate contracts. IV - 3 I. Anything to the contrary herein notwithstanding, for and in consideration" of the premises and the covenants herein made by the ity, the Developer covenants and agrees as follows: (1) The Developer shall. make separate elections with regard to water and/or sanitary sewer facilities, storm drainage and street improvements and street lights as to whether the work, prescribed herein shall. be per- formed by the City, its Contractor, or by the Developer's Contractor . Each such separate election shall lie m&de in �n!,ttirqr and delivered to City no later than six (6) months prior to the expiration of this agreement. In the event any of such separate elections has not been so made and delivered to City by such date, it shal) be conclusively presumed that the Developer has elected that such work be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph IV F hereof. (2) Irrespective of any such election and whether � he work, is to be per- formed by the City, its Contractor, or by the Developer 's Contractor, the Developer covenants and agrees to deliver tc,, the City a perform- ance bond or a cash deposit in lieu thereof in accordance with the provisions of Paragraph IV F of this agreement,, . (3) In addition to the bond or deposit reclu.ired in the preceding paragraph, in the event Developer elects that the r*rk be performed 'by the City, or its Contractor, or such election is presumed as provided above, the Developer covenants and agrees to pay to the City his share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections 1, 11 and III hereof, based upon the lowest responsible bids for sucl-t work as determined by City, or upon a cost estimate for work to be performed biy City forces pre- pared by the City, as appropriate, and sball be subject to adjustment to actual costs upon final completion of the proJect . Such estimated payment shall be made promptly upon demand, by City, it being contemplated that such payment will be made after the receipt of bids for the work but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. (4) Developer further covenants and agree!s to, and by these presents does hereby fully indemnify, hold harnaess, and clefend the City, �its offi- cers, agents and employees from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought' for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, this agreement, or the construction of the improvements or facilities described herein; and in addition the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents and employees frova and against all claims, suits, or causes of action of any nature whatsoever brought for, or on account of any injuries or damages to persons or property, includ- ing death, resulting from any failure to properly safeguard the Work or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its Contractors, Subcontractors, agents or employees. IV - 4 (5) Developer covenants and agrees that it discriminates against no individual involving employment as prohibited by the terms of Ordinance No. 6842, an ordinance prohibiting discrimination in employment practice because of race, creed, color, religion, national origin (except for illegal aliens), sex or age, unless sex or age is a bona fide occupational qualification. Developer further covenants and agrees that no labor organization, sub- contractor or employment agency, either furnishing or referring applicants to such developer, nor any agent of developer is dis- criminating against any individual involving employment as pro- hibited by the terms of such Ordinance No. 6842. J. The attached Exhibits . A is made a part hereof for all intents and purposes. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this in trument in quadruplicate, at Fort Worth, Texas this the day of ATTEST: CITY OF FOR WORTH, TEXAS By: Roy A. ,Sate an, 'City Secretary' N. Lii!'6, City Manager APPROVED AS TO FORM AND LEGALITY: DEVELOPER: S. G. Join�d_ro_e, Jr.,, City Attorney H. R. Williamson Betty ��any V' liamson IV 5 APPENDIX "A" SUMMARY Cost Estimates for Lots 1R and 4R, Block 25, Diamond Hill Addition Performance Bonds Developer's City's Total Letter of Credit Construction Construction Construction C.D. 's or Section Cost Cost Cost Escrow Section I Water -0- Sewer -0- Section II Storm Drains $1,454 $ 46 $1,500 $1,454 Interior Streets Border Streets Section III Street Lights TOTALS $1,454 $ 46 $10500 $1,454 Non refundable deposit for assessments as outlined in Section II (Performance Bonds and Letters of Credit are unacceptable) TWENTY- EIGHTH STREET 80' R.O.W. 09' 99, 5o, ary LOT 5 LOT I-R LOT OT 4•R PROPOSED IDRAINAGE PIPE EXT, I 9�X7 149 1 50, SALISBURY 199' AVENUE SCALE: 1"_ 60' (50' R.O.W,) LOT 2-R ( G LOT 6 / � ALLEY DRAINAGE IMPROVEMENTS T DIAMOND HILL ADDITION EXHIBIT "A TERMINAL �E �� ROAA J� w I NORM ST REPPER l4 N 37TH ST — eiem r o til J TAI has Z 5TN ST W W s S XMAS IN 1J ,; w c r S l C I ,? - ST u�x � � _ _ ER Wh, n,1,, - ERNER "'- R1 `s v c:� BRU AVE ry J 3 t H� >r ,�� LH °r � ti • .. .� w Hlcfi .T r lo au EWE t; Al ST ST. 200 1 ST H AR,K� 51 ti U5 Q � `;' 2`" `-' A VJIW;k pt 0 CEMETERY L T J C I I F 'HANt;f.At'r � �kE/vhgN t)RNING' 5 OFUS .L S! � GLCR cr ] -; ST U A Eft S1 z 12 ND } a E RK Q �r e M 2 1 Si `' Sf Q DR twill ! R ELMIR JW i..IS ! `� - Y U C C A le� � 2 / ....✓ . 1�1 `,;�LN{iW f. i f Pu f E BIRD LILLIAN Sf WIN MI ° y DF L Ff kVIL'ki.d'I: b a SCALE_ I"= 2000' LOCATION MAP LOT, I-R a 4-R , BLOCK 125, DIAMOND HILL. ADDITION October 10 1975 Mr. Jack Van Noma motor t President torth Fort Worth North HoU Fort ' o , Texas 76106 Dear Sir; Lots Ilk & 4R# Block 23, Diamond Halt Ms to your authority to st fuv4s to the t of $1#454 to tihm devolopor of t tt ored pv t . The orEgival deposit t, " was made to t ant otyled H. R. Williamson (Lots IR & 4K, Block 25, Diamond Hill Additiou. t the is in "Tordance with the t, Facilities Cautr t No. 8321 curroutly of file at the tt the tatty Seeretary. Sincerely,, N. Line City MU45vf Keith A41 Wht;7�0.071�7 Development for KASAW c r- t , City Secretary Mr. Jobs L. Jones, Public Works Department C *ty of Fort Worth., Texas Mayor and Council Communication DATE REFERENCE suisiEcT. contract for Installation of PAGE NUMBER Community Facilities, Lots 1R and 4R, 2 7/28/75 C-31,50 Block 25, Diamond Hill Addition I of H. R. Williamson and wife, Betty Jean Williamson, the developers of Lots IR and 4R, Block 250 Diamond Hill Addition, have executed a pro- ,posed contract for the installation of community facilities to serve the area shown on the attached maps. The estimated cost of the community facilities is as fo llows: DtXtLqker City Total Storm Drains C6nstruction $ 1,454 $ 46 1,500 tnSineering and Administration -0- 180 1,80 Total $ 1,454 $ 226 $ 1,680 Storm drainage facilities will 'be installed in, accordance with standard policies for the installation of community facilities,,, All other facili- ties are existing. A Covenant and Agreement regarding the construction of buildings over storm drainage improvements as referenced herein has been signed by the Developer. The said storm drain agreement provides that the Developer, who proposes to construct a building over an existing 42 inch storm sewer pipe within a 15 foot drainage easement (as shown on attached Map Exhibit "A"), shall submit to the City Engineer of the City of Fort Worth for approval, all building foundation plans for their permanent improvements which they propose to construct in or adjacent to the area of the said stom drainage improvements. This agreement also provides that the Developer shall, pay all costs for the relocation and/or rebuilding of any of the improvements reasonably required to enable the City to repair or replace said storm drain. The contract includes City participation in the cost of storm drainage improvements. In order to provide for the City's share of the cost of the improvements, a bond fund transfer is proposed from the appropriate unspecified account to the project account. DATE REFERENCE suBjEcT, Contract for Installation of PAGE NUMBER Community Facilities, Lots 1R and 4R, 7/28/75 C-3150 of .2— Recommendations it -is recamended: I. T'hat 'the following bond fund tran,sfet" be approved: From To Amount Reason 104-36000-901 104-36000-377 $ 226 'To provide for Unspecified Lots IR & 4R, .t "s share of Streets in New Block 25, Diamond cost for stagym Additions Hill Addition drainage improve- Stom Drain its 2. That the City Manager be authorized to accept and record a covenant and ag wee msat from 'the Developer for the purpose of' allowing Developer 'to construct a building over an existing storm sewer pipe as referenced above; 3. That the City Manager be authorized to execute the community facilities agreement 'with tbe Developers R. WiUU=21 aqd.w,i,f a, Jean Williamson; and 4. That the City Manager be authorized to reimburse the Developer for the City's share of the cost of storm drainage facilities upon the satisfactory complation of same. 'RNL*.bdd Attachments SUBMITTED SY DISPOSJT;W��)�ArPCOUNCM� PROCIMED, BY ly P" IRIOVIED 0 OTHER (DESCRIBE) E�CRETARY DATE CIITY MANAGER