HomeMy WebLinkAboutContract 6539 COMMUNITY FACILITIES AG'REF11ENT
STATE OF TEXAS X CITY CREIA . 4
CT
ONC
COUNTY OF TARRANT �( C
'RA N
w , �
1
n
WHEREAS, Baker-Jones-Crow, #4, a partnership of Dallas County,
Texas, hereinafter called "Developer", desires to make certain improvements to a portion
of Block 1, Indian Creek Addition to the City of Fort Worth, Texas , and ,
WHEREAS, the said Developer has rejuested the City of Fort
Worth, a municipal corporation of Tarrant County, "Texas , hereinafter called "City",
to do certain work in connection with said improvements ; NOV, "THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
n
That said Developer, Baker-Jones-Crow, #4 , a partnership,
acting herein by and through Willard R. Baker, its duly authorized partner and
the City of Fort Worth, acting herein by and through H. D. MCJahan, its duly
authorized City Manager, for and in consideration of the covenants and agreements
herein performed and to be performed, do hereby covenant and agree as follows, to-wit:
Ie
4
i
f'
h
o;
r
j;
t'
I� 4
WATER AND/OR SANITARY SEVER FACILITIES
{
No water or sanitary sewer facilities required under this contract.
I
5
4
VI
V'
yl
i
w wwu„am.o-• .aG ... nr ..0 . e .l.,a,.mm..m w... .
STORM DRAINAGE AND STREET IMPROVEMENTS
A. STORM DRAINAGE IMPROVEMENTS:
1. The City agrees to install or cause to have installed the
storm drain facilities shown on the attached Exhibit "A-1",
in accordance with the Plans and Specifications as prepared
by the City. The Developer agrees to pay for the cost of
that portion of culvert pipe located on his property and also
to pay for the construction of three 10' storm drain inlets
with lead lines necessary for the interception of runoff from
the Developer's property. The Developer has previously
agreed to pay the cost of the culvert pipe (Volder Drive
Storm Drain Easement as recorded in Tarrant County Deed Re-
cords, Volume 4823, Page 181, and said Easement being approved
by the City Council as M & C # L-2962) ; however, a redesign
of the storm drain facility, since the signing of the ease-
ment and at the Developer's request, has caused an increase
in pipe size and calls for the construction of three (3)
additional 10' storm drain inlets.
2. The following is the actual cost for the proposed storm drain
facilities, said costs being based on the actual bid prices as
received by the City on March 19, 1970:
603 L.F. 42" R.C.P. , 624 L.F. 54" R.C.P. ,
3 Standard 10' Inlets with 21" lead
lines @ $30,755.00
Total Construction Cost $30,755.00
City Participation 14,349.00
Developer's Non-Refundable Cost $16,406.00
At the Developer's request and because actual bid prices are
known no final adjustment of the Developer's payment will be
made, unless the scope of work is changed with the Developer's
agreement.
3. The Developer agrees to execute a maintenance agreement for
the portion of Indian Creek outlined in red on Exhibit "A-1",
which follows the southern edge of Block 1, and in accordance
with standard policy.
INDIAN CREEK ADDITION, PHASE III
Lot 3, Block 1
B. STREET IOROVEIIE14TS:
1. The Developer hereby agrees and binds itself to:
a. Be responsible for grading the parkway between the curb
line and the property line to the proper elevation and to
construct at its own expense sidewalk along the frontage
adjacent to Volder Avenue between Roaring Springs Road
and its termination east of Tanny Street to the line and
grade set by the City Engineer.
Estimated Cost = $2,700.00
b. Be responsible that no construction will begin on the
sidewalks within the limits included herein, and as shown
on the attached Exhibit "A-211, prior to installation of
all underground utilities, including service lines.
RECOMMENDED:
0e,4JCK M�- GRAHAM, P.E. , PUBLIC WORKS
DIRECTOR
INDIAN CREEK ADDITION, PHASE III Based on Policy
Lot 3, Block I Effective as of
April 17, 1970
11-2
III
STREET LIGHTS
No street lights will be required in this contract.
If,pe
T R. Buckman, Traffic Engineering Director
van
IV.
GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the developer shall employ
a civil engineer, licensed to practice in the State of Texas, for the design and
preparation of plans and specifications for the construction of all facilities
covered by this contract, subject to paragraph B.
B. For any project estimated to cost less than $6,000, or for any project designed
to serve a single lot or tract, the developer may at his option request the City
to provide the design engineering, and if such request is granted the developer
shall pay to the City an amount equal to 10 per cent of the final construction
cost of such project.
C. In the event the developer employs his own engineer to prepare plans and specifi-
cations for any or all facilities, the plans and specifications so prepared shall
be subject to approval by the department having jurisdiction. One (1) reprodu-
cible set of plans with 15 prints and 35 specifications for each facility shall
be furnished the department having jurisdiction. It is agreed and understood
that in the event of any disagreement on the plans and specifications, the
decision of the Public Works Director, Traffic Engineering Director, and/or Water
Department Director will be final.
D. It is further agreed and understood by the parties hereto that upon acceptance by
the City, title to all facilities and improvements mentioned hereinabove shall
be vested at all times in the City of Fort Worth, and developer hereby relin-
quishes any right, title, or interest in and to said facilities or any part
thereof.
E. The life of this contract shall be five (5) years and it is understood that any
obligation on the part of the City to make any refunds hereunder shall cease
upon the expiration of five (5) years from the date of execution of this contract,
except for refunds due from "per connection charges" on sanitary sewers and from
"front foot charges" on water mains, both of which refunds may continue to be made
for a period of ten (10) years after the date hereof, as elsewhere provided herein.
It is understood by and between the parties hereto that any of the facilities or
requirements included herein to be performed by developer not completed within
the five (5) year period, may be completed by the City at the developer's expense,
and the City of Fort Worth shall not be obligated to make any refunds due the
developer on any facility constructed under this agreement until all provisions
of the agreement are fulfilled.
IV - 1
F. Performance bonds, or a cash deposit in lieu of and in like amount 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 is insured by
the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance
Corporation. The City of Fort Worth cannot pay interest on any deposit made 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 project 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 part hereof, or any interest herein shall not be assigned by
developer without written consent of the City Manager, and it is further agreed
that such written consent will not be granted for the assignment, transfer,
pledge and/or conveyanc�e of any refunds due or to become due to developer except
that such assignment, transfer, pledge and/or conveyance shall be for the full
amount of the total of all such refunds due or to become due hereunder.
H. On all facilities included in this agreement for which the developer awards his
own construction contract, the developer agrees to follow the following procedures:
(1) If the City participates in the cost of the facilities , the construction con-
tract must 'be awarded after advertising in a local newspaper at least one
time not less than two weeks prior to the date of receipt of sealed bid.-i as
required by State statutes prescribing regulations for contracts for public
work. The sealed bids must be opened in �the presence of a representative of
the City.
(2) To employ a construction contractor who is approved by the Director of the
department having jurisdiction over the facility to be so constructed, said
contractor to meet City's requirements for being insured, licensed and bonded
to do work in public streets , and to be qualified in all respects to bid on
public projects of a similar nature.
(3) To require the contractor to furnish to the City payment, performance and
maintenance bonds in the name of the City for 100 per cent of the contract
price of the facility, said bonds to be furnished before work is commenced.
To further require the contractor to provide public liability insurance.
(4) To give 48 hours notice to the department having jurisdiction of intent to
commence construction of the facility so that inspection personnel will be
available; and to require the 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 may be required
by the City.
(5) To secure approval by the Director of the department having jurisdiction of
any and all partial and final payments to the contractor, said approval is
made, in accordance with requirements of this agreement, -and is not to
constitute approval of the quantities on which payment is based.
(6) To delay connections of buildings to service lines of sew,,roand water mains
constructed under this contract until said sewer znd water mains and se r1,4,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 ,-�:-iitary 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 City, the Developer covenants
and agrees as follows:
(1) The Developer shall make separate elections wit:: 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.
Fach such 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 delivered to City by such date, it shall be conclusively
presumed that the Developer has elected that such work be performed
by the City in accordance with all of the terms of this agreement, and
in particular Paragraph IV F hereof.
(2) Irrespective of any such election. and whether the work is to be per-
formed by the City, its Contractor or by the Developer's Contractor,
the Developer covenants and agrees to deliver to the City a perform-
ance bond or a cash deposit in lieu thereof in accordance with the pro-
visions of Paragraph IV F of this agreement.
(3) In addition to the bond or deposit required in the preceding paragraph,
in the event Developer elects that the work be performed by the City,
or its Contractor, or such election is presumed as provided above, the
Developer covenants and agrees to pay to the City his share of the es-
timated construction costs. The amount of such estimated payment shall
be computed as set out in Sections I, II and III hereof, based upon the
lowest responsible bids for such work as determined by City, or upon a
cost estimate for work 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 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 agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the City, its offi-
cers, agents and employees from all claims, suits or causes of action
of any nature whatsoever, whether real or asserted, brought for or on
account of any injuries or damages to persons or property, including
death, resulting from, or in any way conne_ ed with, this agreement, or
the construction of the improvements or facilities described herein- and
in addition the Developer covenants to indemnify. hold harmless and de-
fend the City, its officers, agents and employees from and against all
claims, suits, or causes of action of any nature ,,7hatsoever brought for,
or on account of any injuries, or damages to persons or property, includ-
ing death, resultine from any failure to property safeguard the work or
on account of any act, intentional or otherwise, neglect or misconduct
of the Developer, its Contractors, Subcontractors, agents or employees.
J. The attached Fxhibits A-1 and A-2 are made a
part hereof for all intents and purposes.
IV
IN TFSTIMONY VHEREOF, the City of Fort Worth has caused this
instrument to be executed in quadruplicate in its name and on its behalf by its
City Manager, attested by its City Secretary, with the corporate seal of the
City affixed, and said Developer has executed this instrument in quadruplicate,
at Fort Worth, Texas this the V day of 19/4,
ATTEST: CITY OF FORt/1VORTH, TEXAS
By:
Pty jV Bateman, City Secretary "`°H. D. McMahan, City Manager
APPROVED AS TO FORM AND LEGALITY: PEVELOPFR: Baker—Jonfis—Grow, #4
05'
,0 zL
S. G. Johndroe, Jr. City Attorney 15ik r,
IV 5
APPENDIX "A"
SUMRARY
Cost Estimares for a portion of Block 1, Indian Creek Addition
Performance Bonds
Ce,elz-per 's City's Total Letter of Credit
Cc)nstruccIon CunsLt,-tcL-Lon Construction C.D. 's or
Section ---Cos t, C;,s U Ccsr, Escrow
Section I
Water $ -0- $ -0- $ -0- $ -0-
Sewer -0- -0- -0- -0-
Section II
Storm Drains 16,406 14 ,349 30,755 -0-*'
Street Paving
Interior Streets 2,700 -0- 2, 700 540
(Sidewalks)
Border Streets cost- E., be determined at such time as -0-
s,:reet., are ii-npr6ved)
Section III
Street Lights -0- -0- -0- -0-
TOTALS $19,106 $14,349 $33,455 $540
NOTE: It' the City perr�)rfns the work with City forces or awards the construction
contracts a cash deposit fG, developer 's portion of the cost is required
prior t.f3 contract. award, Phis cash deposit is in addition to other required
deposits or bonds as ouriined in Paragraph IV F of this agreement.
*Non refundable deposit for assessments as outlined in Section 11 (Performance
Bonds are undc=epr- ble)
Deposit for developer's portion of storm drain cost has already been made.
y. I
10� INLET
a
2
VOLDER o' INLET 24° AVE x
^�- —
4 10' INLET,
'p, LOT 3 S\
Zc SCALE I"=200'
-----------
o -� I
I
� I I
LOT 2
1,
I
BLOCK
LOT i
I i
I
I � ,
I
� I
I
I I d
I
� I �
I
I r ,
t I
I
I
INLETS AND LEAD LINES I
BY DEVELOPER ,
BEAUTIFICATION PROJECT
AND MAINTENANCE BY
DEVELOPER
ry
I
STORM DRAINS
PHASE 7.E
INDIAN CREEK ADDITION
II
CARTER R BURGESS, INC.
ENGINEERS-PLANNERS
1100 MACON
FdQtT WORTH, TEXAS EXHIBIT A-1
P.
* M
------
PSI
_ p
I N y
C-OT 2
SIDEWALK BY DEVELOPER B
4
� I e
BLOCKr
LOT !
PAS
r^ ¢aG04L E a r'L A r^wNt Qr .. 1 -
POP
LX �LVT A
` °
City of Foit Worth, TeX1ZS
NNyor and Council CominunicdiiA " ' 4_'�(J
DATE intract
SUZECn Cc for the Installation of PAGE
mu"OEO Community Facilities, Lot 3,
Baker-Jones-0ow, #4, a partnership, acting by and through Willard R, Baker,
its duly authorized partner, the developer of Lot 3, Block 1, Indian Creek
Addition, has executed a proposed contract for the installation of community
facilities to serve the area shown on the attached maps,,
The estineted cost of the community facilities is as follows:
Develo
AS IrPLtil
Oteet Improvements (Sidewalk) 2, 100 $ -0- 2,700
Scorm Drains _16 406 9
Total $19,106 $14,349 $33,455
Sidewalk will be installed in. accordance with standard policies for the in-
scallation of community facilities. It is proposed that the natural channel
failing along the southeast side of the development be improved under the
beautificacion policy and perpetual private maintenance will be assured
through recorded covenants.
Dn March 30, 1970 (M&C C-1695) , a contraac was awarded to E. H. Shaw, Con-
tractor for the installation of storm drain facilities in Volder Drive adja-
cent to this development. The developer's portion of the cost for this can-
tract was computed under the policy for residential "Built-up Areas". Under
this policy the developer pays for the cost of the pipe and the City bears
the cost of installation, Financing for the City's cost was provided in
NZC C-1695.
Recommendations
1) That the City Manager be autharized to execute the community facilities
contract with Baker-iones-Crow, #4; and,
2) That the perpetual maintenance agreemeut foz the beautified Hannel be
accepted and recorded,,
Attachments
Q APPROVED [J OTHER (DESCMBE)
CMY SECRETARY
MY MANAGER