HomeMy WebLinkAboutContract 27500 ' Y
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. X�
WHEREAS, The Ranches North, Ltd., a Texas limited partnership, hereinafter
called "Developer", desires to make certain improvements to Lost Creek Ranch North
Addition, Phase II, an 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 and Denton Counties, Texas, hereinafter called "City", to do
certain work in connection with said improvements;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through The Ranches North, Ltd., a
Texas limited partnership, by D.L.H. Jr., Land Company, a Texas corporation, its
general partner, by an through D.L. Hudgins Jr., its duly authorized President and the
City, acting herein by and through Mike Groomer, its duly authorized Assistant City
Manager, for and in consideration of the covenants and conditions contained herein, do
hereby agree as follows:
SECTION ONE
COMMUNITY FACILITIES AGREEMENT
to install
WATER AND SEWER SERVICES
for
LOST CREEK RANCH NORTH PHASE 2
A. The City agrees to permit the Developer to let a contract for, in accordance
with its accepted practices, ordinances, regulations, and the provisions of
the City Charter, and subject to the requirements of the City's Charter, and
subject to the requirements of the City's Policies and Regulations for
Installation of Community Facilities, all as current at the time of installation:
WATER FACILITIES_ serve the lots as shown on the attached Exhibit A ,
and SANITARY SEWER FACILITIES to serve the lots as shown on the
attached Exhibit A-1 all in accordance with plans and specifications to
be prepared by private engineers employed by the Developer and
approved by the Water Department.
B. The City agrees to allow the Developer to install, at his expense, at the
time all other water mains in this addition are installed, a service line for
each lot as shown on the attached Exhibit A . The estimated cost of
these service lines is $ 87,965. The City agrees to record the location of
each said service line in respect to the corner of the lot served, and to
retain said records in its possession.
C. The construction cost of the water facilities herein concerned, exclusive of
service lines and engineering is estimated to be Two Hundred Fifty-One
Thousand, Nine Hundred, Eighty-Two Dollars $2 982) .
D. The City agrees to allow the Developer to install, at his expense, at the
time all other sanitary sewer mains in this addition are installed, a service
line for each lot as shown on the attached Exhibit A-1 . The estimated
cost of these service lines is $ 72,300. The City agrees to record the
location of each said service line in respect to the corner of the lot served,
and to retain said records in its possession.
E. The construction cost of the sanitary sewer facilities to be installed
hereunder, exclusive of service lines and engineering, is estimated to be
Three Hundred, Twenty Thousand, Thirty-Four Dollars .($$320,034).
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PROJECT NAME: LOST CREEK RANCH NORTH PHASE 2
F. Prior to allowance of the construction contract by Developer, the Developer
agrees to provide acceptable financial guarantee to the city for 100 percent
of the construction of the construction costs along with payment of any
Ordinance costs and fees that are applicable. Prior to the-award of the
construction contract by the City or the commencing of any work by the
City or its contractors, the Developer agrees to pay to the City:
(1) (a) One Hundred percent (100%) of the Developer's cost of all water
and sanitary sewer facilities within the development, exclusive of
engineering and service costs, sized to provide water and sanitary sewer
service within the development.
(b)One hundred percent (100%) of the Developer's cost of all
approach water and sanitary sewer facilities outside the limits of the
development sized to provide water and sanitary sewer service to the
development.
(c)One hundred percent (100%) of the Developer's cost of any
approach water main facility or water facility within the development that is
8-inches in size for non-industrial development and 12-inches in size for
industrial development.
(d)One hundred percent (100%) of the Developer's cost of any
approach sanitary sewer main facility or sanitary sewer facility within the
development that is 8-inches in size.
(2) An additional ten percent (10%) of the total of the Developers cost
of these water and sanitary sewer facilities, exclusive of cost of service
lines, is required for design engineering if such engineering is performed
by the City at the Developer's request.
(3) One hundred percent (100%) of the Developer's cost of all service
lines, estimated under 1-13 and 1-D above, in accordance with the
provisions of the current Fort Worth City Code.
(4) A construction Inspection Fee equal to two (2%) of the Developer's
actual cost share of the construction cost (including all services) of the
water and/or sanitary sewer facilities.
G. The distribution of estimated construction cost between the City and the
Developer, as per paragraph 1-F above, for all water and sanitary sewer
facilities to be constructed hereunder is estimated as follows:
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PROJECT NAME: LOST CREEK RANCH NORTH PHASE 2
(1) WATER FACILITIES :
Estimated **
Developer Estimated Total
Cost City Cost . Cost
(a) Mains, Within
Development 251,144 $ -0- $ 251,144
Approach $ -0 $ -0 $ -0
(b) Easements* $ -0- $ -0- $ -0-
(c) Services
241 - single V) $ 87,965 $ -0- $ 87,965
(d)Park Participation $ -0- $ 838 $ 838
Sub-Totals, Water $ 339,109 $ 838 $ 339,947
(2) SANITARY SEWER FACILITIES:
(a) Development $ 318,861 $ -0- $ 318,861
Approach $ -0- $ -0- $ -0-
(b) Easements * $ -0- $ -0- $ -0-
(c) Services ( 241 -4") $ 72,300 $ -0- $ 72,300
(d)Park Participation $ -0- $ 1,173 $ 1,173
Sub-Totals, Sewer $ 391,161 $ 1,173 $ 392,334
(3) TOTAL
CONSTRUCTION COST: $ 730,270 $ 2,011 $ 732,281
(4) CONSTRUCTION
INSPECTION FEE : $ 14,606 $ 40 $ 14,646
*to be dedicated by the developer.
** see Page 1-4 for City Cost
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** CITY PARTICIPATION BREAK-DOWN FOR:
PROJECT NAME: LOST CREEK RANCH NORTH PHASE 2
WATER PARK FRONT FOOTAGE CALCULATIONS
OPTION A: (Perimeter of Park Adjacent to Line) / 6
Total Front Footage = 2,298 L.F. / 6 = 383 L.F.
OPTION B: (Linear Feet of Water Line Adjacent to Park)
Total Front Footage = 371 L.F.
Front Footage Calculation use lesser of Option A and Option B = 371 L.F.
WATER PARK PARTICIPATION FRONT FOOT CHARGE :
383 L.F. X $8.75 = $ 3,351/4 = $838
SEWER PARK FRONT FOOTAGE CALCULATIONS
OPTION A: (Perimeter of Park Adjacent to Line) / 6
Total Front Footage = 2,298 L.F. / 6 = 383 L.F.
OPTION B: (Linear Feet of Water Line Adjacent to Park)
Total Front Footage = 371 L.F.
Front Footage Calculation use lesser of Option A and Option B = 371 L.F.
SEWER PARK PARTICIPATION FRONT FOOT CHARGE :
383 L.F. X $12.25 = $ 4,692/4 = $1,173
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
$838+ $1,173= $2,011
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PROJECT NAME: LOST CREEK RANCH NORTH PHASE 2
H. The above charges do not include any front foot charges for connection to
existing or proposed water and/or sanitary sewer mains constructed or to
be constructed under the provisions of the "APPROACH MAIN OPTION"
as described in Section III of the Policy for the "INSTALLATION OF
COMMUNITY FACILITIES" adopted in September, 1992. These
additional charges are as follows:
1. Applicable to this Contract in the amount of $ N/A.
by Contract No. N/A dated N/A
Applicable CFA Name N/A
Date: N/A Number N/A
I. When water facilities are installed by contract, installation of water
services will be included as part of the contract. Installation of meter
boxes on those services may be done by the City, after completion of
construction of all relative curb and gutter work on the water facilities
project site, at a cost of $70/$135 per contract-installed charge to be due
and payable prior to issuance of a Work Order on the water facilities
installation contract. The above charges do not apply if the Developer
elects to include meter box installation as part of the contract. However,
meter boxes must conform City standards.
J. Within a reasonable time after completion of the above referenced
facilities to be constructed by contract awarded by the Developer,
provided all conditions for City participation have been met, the City
agrees to pay the Developer the "Estimated City Cost" set out in 1-G
above; provided, however, that said payment shall be calculated using the
actual construction costs and actual service costs under the provisions of
the current Fort Worth City Code, (said payment to be calculated as in 1-
G above), based on actual quantities as reflected in the final estimate paid
to the Contractor by the Developer and on the actual records of cost kept
by the City as a part of its customary procedures. In the event the
difference in the deposit and the actual costs exceeds $25, Developer
agrees to pay to the City and underpayment which said adjustment might
indicate as being due, and the City agrees to pay to Developer any
overpayment.
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COMMUNITY FACILITIES AGREEMENT
to install
STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN
IMPROVEMENTS FOR
LOST CREEK RANCH NORTH ADDITION, PHASE II
A. The Developer(s) agree to install or to cause to have installed, the street, storm
drainage, street lighting, street name sign and other community facilities
improvements shown as "current improvements" on the attached Exhibits B, 131,
AND C.
B. The Developer agrees to comply with all city accepted practices, ordinances,
regulations, as well as provisions of the City Charter, the City Subdivision
Ordinance, City Design Standards and the current Policy for Installation of
Community Facilities in the design, contracting and installation of required "current
improvements".
C. The Developer agrees to comply with the General Requirements contained herein
(Attachment A).
D. As shown on the attached "Summary of Cost", the Developer agrees to fund his
share of "current improvements" and to pay the City for his share of the cost of
street, storm drainage, street lighting, street name signs as shown on the attached
Exhibits B, 131, and C.
E. Payment is due at the time this agreement is executed by the City and the
Developer.
F. The estimated total cost of current improvements and related support services
specified in this agreement, including design, construction and inspection is
estimated to $1,094,904.00.
In accordance with the City's current Policy for Installation of Community Facilities
as shown in the Cost Summary on page 3.
The Developer shall contribute Dollars $1,040,967.00 of the total amount.
The City shall contribute Dollars $53,937.00 (PACS $52,137; TPW $1,800).
G. Developer agrees to provide, at his expense, all necessary rights of way and
easements required to construct current and future improvements provided for in this
agreement.
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H. Developer agrees to relieve the City of any responsibilities for any inadequacies in
the preliminary plans, specifications and cost estimates supplied for the purpose of
this contract.
I. Developer also agrees to install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
J. Developer agrees that no street construction or storm drainage will begin prior to
City Council approval of this Community Facilities agreement. (Article 104.100,
Ordinance 7234).
K. Developer agrees that no lot shall be occupied until improvements required herein
have been constructed (Article 104.100, Ordinance 7234).
L. 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 works. It is understood that the developer will initiate the
construction of all improvements to conform with his own schedule, except for those
improvements which the Transportation and Public Works Director deems necessary
for the proper and orderly development of the area. In the event Developer fails to
carry out any such instructions within the 90-day period, the Developer gives the City
the right to design and award a contract, and inspect the improvements in question,
and agrees to pay to the City prior to the award of the contract, the amount of the
low bid.
M. City participation in "current improvements" shall not exceed 125% of cost shown in
Summary of Cost.
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SUMMARY OF COST
LOST CREEK RANCH NORTH PHASE 11
Item Developer City Cost City Cost Total Cost
Cost (TPW) (PACS)
A. Construction
1. Streets $ 757,494.00 $ - $ 46,627.00 $ 804,121.00
2. Storm Drainage $ 263,062.00 $ - $ - $ 263,062.00
3. Street Lights (Tri-Count ) $ - $ - $ - $ -
4. Street Name Si ns $ - $ 1,800.00 $ - $ 1,800.00
B. Engineering Design $ - $ - $ 2,967.00 $ 2,967.00
C. Construction Engineering
and Management by DOE (2%) $ 20,411.00 (*) $ 2,543.00 $ 22,954.00
TOTALS $1,040,967.00 $ 1,800.00 $ 52,137.00 $ 1,094,904.00
NOTES;
1. All Preliminary Plats filed after July 11, 2000 will require sidewalks on all streets.
Forty-two (42)feet and wider street include sidewalk cost.
2. Construction items (1-2)cost includes 10% contingencies for Developer and City.
3. Developer's column for Item C represents two percent(2%) costs for construction
inspection and materials testing.
(*) Represents City participation for construction fees.
4. City not preparing plans and specifications.
N. Beach Street Future Improvements
Developer's participation for the section of N. Beach abutting this development is $126,806.
This cost includes storm drain improvements ($29,267)and sidewalk along N. Beach.
CFA CODE: 3
PP00019; DATED 5124100
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E. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 17 EA $ 0, 000 $00, 000 .00
MID-BLOCK RESIDENTIAL 13 EA $ 0, 000 $00, 000 .00
CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 0, 000 $0, 000 . 00
MID-BLOCK COLLECTOR 0 EA $ 01000 $0, 000 .00
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 0 , 000 $0, 000 . 00
MID-BLOCK ARTERIAL MEDIAN 3 EA $ 0, 000 $0, 000 .00
RELOCATE EXISTING LIGHT 0 EA $ 0, 000 $0, 000 .00
5 (200 watt lights) x $7 . 05 (per light) x 24 months = $846 .00
29 (100 watt lights) x $5 . 85 (per light) x 24 months = $4, 071 . 60
Total : $4, 917.60
The Street lights will be installed BY TRI-COUNTY ELECTRIC, the
developers initial 24- month power charge will be $4, 917 .60
After the initial 24-month power charge the City of Fort Worth, will
assume the power cost.
LOST CREEK RANCH NORTH, PHASE II
October 2, 2001
Fort Worth, Texas October 2, 2001
III-1
2. STREET LIGHTS WORK DESCRIPTION:
1 . The Developer shall provide for the installation of streetlights at
the approximate locations shown in Exhibit "C" , immediately after
final acceptance of the str6et construction, in accordance with
engineering plans and specifications approved by the Transportation
and Public Works Department .
2 . Streetlights on residential and /or collector streets can be
installed using overhead or underground conductors with the approval
of the Director.
3 . Streetlights on arterial streets shall be installed with underground
conduit and conductors .
4 . The Developer shall provide for the installation of a 2-inch
schedule 40 PVC conduit at a depth not less than 30 inches and at
least 18-inch behind the curb, "clear from all other utilities" .
5 . The Developer shall provide for the installation of a 2-inch
schedule 40 PVC conduit between streetlights proposed for
installation and the power source to become operational .
6 . A 3-inch schedule 80 PVC conduit is required when crossing streets
at a depth not less than 30 inches, unless indicated otherwise on
the plans concrete pull boxes shall be provided at the crossing
points .
7 . THE DEVELOPER SHALL PAY THE TWO YEAR POWER COST TO TRI COUNTY
ELECTRIC COOPERATIVE, after the initial two year cost the City of
Fort Worth, will assume the power cost.
8 . Before the city install the streetlights, the developer shall pay
the total amount shown below to the city at the time of execution of
the community facilities agreement .
9. The developer or their contractor shall contact City' s street light
division 48 hours prior to starting any installation of conduit
and/or streetlights at (817) 871-6596 to insure proper inspection of
work.
TOTAL DEVELOPER'S COST $4, 917 .60
LOST CREEK RANCH NORTH, PHASE II
October 2, 2001
Fort Worth, Texas
October 2, 2001
ANN. .Mb�
III-2
"STREET LIGHTS"
INTERSECTIONS
RUSTLER PASS RANCH RD & LOST SPURS RD---- 1
RUSTLER PASS RANCH RD & MOSS RANCH RD---- 1
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LAZY RIVER RANCH RD & HIGH MESA RD----- 1
CAPROCK RANCH RD & HIDDEN CANYON RD- 1
CAPROCK RANCH RD & VALLEY RANCH RD-- 1
CAPROCK RANCH RD & LOST SPURS RD---- 1
HIDDEN CANYON RD & LOST SPURS RD---- 1
SEDALIA RANCH RD & LOST SPURS RD---- 1
BANDERA RANCH RD & DESERT MESA RD--- 2
BANDERA RANCH RD & HIGH MESA RD----- 1
DESERT MESA RD & LOST SPURS RD---- 1
DESERT MESA RD & HIGH MESA RD----- 1
HIGH MESA RD & LOST SPURS RD---- 1
HIGH MESA RD & HIGH MESA CT----- 1
CAPROCK RANCH RD & N. BEACH ST------ 1
DESERT MESA RD & N. BEACH ST------ 1
MID- BLOCK RESIDENTIAL
RUSTLER RANCH RD---- 3
HIDDEN CANYON RD---- 1
SEDALIA RANCH RD---- 1
CAPROCK RANCH RD---- 1
DESERT MESA RD------ 4
LOST SPURS RD------- 1
HIGH MESA RD-------- 2
CHANGE OF DIRECTION
HIDDEN CANYON RD---- 1
MID-BLOCK ARTERIAL MEDIAN
NORTH BEACH ST----- 3
LOST CREEK RANCH NORTH, PHASE II
A011k ANN.
IV
STREET NAME SIGNS
1 . The City will install the street name signs upon final approval
of the street construction. The street name signs will remain
the property of, and will be maintained by, the City.
2 . The City will pay for the street name sign installations required
for this development to the extent of $100 . 00 per intersection.
This unit cost will be revised annually by the Department of
Transportation and Public Works to reflect prevailing costs of
materials and labor .
3 . This development creates the following eighteen (18)
intersections at a cost to the City of $1,800.00:
Bandera Ranch Road and High Mesa Road
Desert Mesa Road and High Mesa Road
High Mesa Road and High Mesa Court
High Mesa Road and Lazy River Ranch Road
High Mesa Road and Lost Spurs Road
Lost Spurs Road and Rustler Pass Ranch Road
Moss Ranch Road and Rustler Pass Ranch Road
Caprock Ranch Road and Lost Spurs Road
Caprock Ranch Road and Valley Ranch Road
Caprock Ranch Road and Hidden Canyon Road
North Beach Street and Caprock Ranch Road
Hidden Canyon Road and Sedalia Ranch Road
Lost Spurs Road and Sedalia Ranch Road
Hidden Canyon Road and Hidden Canyon Road
Hidden Canyon Road and Lost Spurs Road
Desert Mesa Road and Lost Spurs Road
Bandera Ranch Road and Desert Mesa Road
North Beach Street and Desert Mesa Road
LOST CREEK RANCH NORTH
PHASE 2
Fort Worth, Texas June 18, 2001
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the park that will be submitted and filed by the Parks and Community
Services Department. The drawings will be provided at the expense
of the Developer.
I. The City Parks and Community Services Department's participation in
this contract as to land acquisition, development and maintenance is
subject to City Council approval and adequate funding of the project.
v,
Recommended:
Richard Zavala, Director
Parks and Community Services Department
D-KTA.IX !CRFEK RANCHNORTFTLOST CREEK RANCHNORTH ADDENIDUM/ 06-1541 a-
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PAVING FACILITIES ATTRIBUTABLE
TO PARK DEVELOPMENT
A. One half of linear foot charges of park paving, including design,
engineering, administration and inspection contingencies attributable to
the Parks and Community Services Department at an estimated cost of
$52,137.24
B. Payment of Park participation shall become due and payable when all work
associated with the construction of the park shall have been accepted by the
City's Parks and Community Services Department and delivery of the park
construction documents.
Whichever event occurs last.
Recommended,
1
Richard Zavala, Director
Parks and Community Services Department
D:\CFA,V,OSP CREEK RANCH NORT}NAS!CREEK RANCH NORTH ADVENDOM_w 06.17-0I.dx
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ATTACHMENT A
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
current improvements 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 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 percent of the final
construction cost of such project for such engineering services.
C. In the event the developer employs his own engineer to prepare plans and
specifications for any or all current improvements, the plans and specifications
so prepared shall be subject to approval by the department having jurisdiction.
One (1) reproducible set of plans with 15 prints and 35 specifications for each
facility shall be furnished the department having jurisdiction. It is agreed and
understood that in the even` of any disagreement on the plans and
specifications, the decision of the Transportation/Public Works Department
Director, and/or Water Department Director will be final.
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
relinquishes any right, title, or interest in and to said facilities or any part
hereof.
E. It is further agreed that the decision of the City to not collect funds for "future
improvements" required in previous CFA agreements does not constitute an
obligation on the part of the City to construct such "future improvements" at
its expense.
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F. Work hereunder shall be completed within two (2) years from date hereof, an
it is understood that any obligation on the part of the City to make any refunds
with respect to water and/or sanitary sewer facilities or street, storm drain,
street light and street name sign shall cease upon the expiration of two (2)
years from date hereof, except for refunds due from "front foot charges" on
water and sanitary sewer mains, which refunds may continue to be made for a
period of ten (10) years commencing on the date that approach mains are
accepted by the Director. If less than 70% of the eligible collections due to
the developer has been collected, the Developer may request in writing an
extension of up to an additional 10 years for collection of front charges. 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 an additional one-year period. Community Facility Contracts not
completed within the tir-ne p.-riods stated above will require renew ai of the
contract with all updated agreements being in compliance with the policies in
effect at the time of such renewal. Developers must recognize that City funds
may not be available to pay' all or a portion of the normal City share for
renewal contracts. It must be understood by all parties to the Community
Facilities Contract that any of the facilities or requirements included in the
contract that are to be performed by the developer, but not performed by the
developer within the time periods stated above, may be completed by the City
at the developer's expense. The City of Fort Worth shall not be obligated to
make any refunds due to the developer on any facilities constructed under this
agreement until all provisions of the agreement are fulfilled.
G. PERFORMANCE AND PAYMENT GUARANTEES
1 . For Street, Storm Drain, Street Light and Street Name Sign
Improvements to be Constructed by the Developer or City on Behalf of
the Developer:
Performance and Payment bonds or cash deposits acceptable to the City
are required to be furnished by the developer for the installation of
streets, storm drains, street lights, and street name signs, on a non-
assessment basis, and must be furnished to the City prior to execution
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of this contract. The performance and payment bonds shall be in the
amount of one hundred percent (100%) of the developer's estimated
share of the cost of the streets, storm drains, street lights, and street
name signs. If the deposit is in the form of cash, the deposit shall be in
the amount of one hundred twenty five percent (125%) of the
developer's estimated cost of the streets, storm drains, street lights,
street name signs, and change orders (during the course of the project).
2. For Future Improvement:
Performance and payment bonds or cash deposits, acceptable to the
City are required to be furnished by the developer for one hundred
percent (100%) of the developer's estimated cost resulting from the
paving, drainage, lighting and name signage of border streets on an
assessment paving basis. (Reference Section VI, Item 3, Development
Procedures Manual.) Said performance and payment bonds or cash
deposits must be furnished to the City prior to execution of this
contract.
Where the City lets the contract, performance and payment bonds shall
be deposited, in the amount of one hundred percent (100%) of the
estimated cost of construction as stated in the construction contract, is
required prior to issuance of a work order by the City.
3. For Water and Sanitary Sewer Facilities:
Performance and payment bonds, or cash deposits, acceptable to the
City are required to be furnished by the developer for the installation of
water and sanitary sewer facilities.
a. Where the developer lets the construction contract for water and
sanitary sewer facilities, performance and payment bonds shall be
deposited, in the amount of one hundred percent (100%) of the
estimated cost of construction, cash deposited shall be in the
amount of one hundred twenty-five percent (125%), as stated in
the construction contract, is required to be furnished simultaneous
with execution of the construction contract.
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b. Where the City lets the contract, performance and payment bonds
shall be deposited, in the amount of one hundred percent (100%)
of the estimated cost of construction as stated in the construction
contract, is required prior to issuance of a work order by the City.
4. Types of Guarantees:
a. Performance and Payment Bonds: Are required for the
construction of streets, storm drains, street lights, and street
name signs, the following terms and conditions shall apply:
(1) The bonds will be standard performance and payment bonds
provided by a licensed surety company on forms furnished
by that surety company.
(2) The bonds will be subject to the review and approval by the
City Attorney.
(3) The performance bond shall be payable to the City and shall
guarantee performance of the street, storm drain, street
light, and street name sign construction contemplated under
this contract.
(4) The Payment Bond shall guarantee payment for all labor,
materials and equipment furnished in connection with the
street, storm drain, street light, and street name sign
construction contemplated under this contract.
(5) In order for a surety company to be acceptable, the name of
the surety shall be included on the current U.S. Treasury list
of acceptable sureties, and the amount of bond written by
any one acceptable company shall not exceed the amount
shown on the Treasury list for that company.
b. Cash Deposits: A cash deposit shall be acceptable with
verification that an attempt to secure a bond has been denied,
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such deposit shall be made in the Treasury of the City of Fort
Worth, The City of Fort Worth will not pay interest on any such
cash deposit.
(1 ) At such time that the contract is bid for projects other than
assessment projects, the cash deposit shall be adjusted to
one hundred twenty five percent 0 25%) of the actual bid
price. No contract shall be awarded and no work order shall
be issued until such adjustment is made.
(2) When a cash deposit is made, the additional twenty-five
percent (25%) beyond the one hundred percent (100%) of
the estimated developer's share represents additional funds
for change orders during the course of the project. This
twenty five percent (25%) shall be considered the
developer's change order fund.
(3) If the developer makes a cash deposit with the City, the
developer may make timely withdrawals from the cash
funds in order to pay the contractor and/or subcontractor
based on amount of construction work completed as
approved and verified by the City Engineer or authorized
representative. For projects whose actual total contract
cost is $400,000 or greater, such release of security shall
equal the percentage of work completed for that period
multiplied by ninety-five percent (95%). This percentage
shall be applied to the actual current total contract cost to
determine the amount that may be reduced upon request of
developer. For projects whose actual total contract cost is
less than $400,000, such release of security shall equal the
percentage of work completed for that period multiplied by
ninety percent (90%). This percentage shall then be applied
to the actual current total contract cost to determine the
amount of security that may be reduced upon request of
developer. The remaining security, five percent (5%) for
projects of $400,000 or greater and ten percent (10%) for
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projects less than $400,000 together with the remaining
funds from the Developer's Change Order Fund, if any, will
be released to the developer after the project has been
accepted by the City. Partial release of funds shall be limited
to once per month. There shall be no partial release of funds
for projects of less than $25,000. Proof that the developer
has paid the contractor shall be required for partial releases.
5. Purpose, Term and Renewal of Guarantees:
a. Performance and payment bonds, and cash deposits furnished
hereunder shall be for the purposes of guaranteeing satisfactory
compliance by the developer with all requirements, terms . and
conditions or thi�is but not limited to, the
satisfactory completion of the improvements prescribed herein,
and the making of payments to any person, firm, corporation or
other entity with •.horn the developer has a direct contractual
relationship for the performance of work hereunder.
b. Developer shall keep said performance and payment bonds, and/or
cash deposits in full force and effect until such time as developer
has fully complied with the terms and conditions of this
agreement, and failure to keep same in force and effect shall
constitute a default and breach of this agreement.
H. The City shall assume its share of the cost of the improvements covered by
this agreement along with the engineering fee only if funds are available for
such participation. In the event that no funds are available for City
participation, the developer shall award the contract and deposit with the City
a performance and payment bonds or cash for 100 percent of the estimated
total construction cost of the improvements (plus ten percent (10%) for
engineering and miscellaneous costs if the City prepares the plans).
1. On all facilities included in this agreement for which the developer awards its
own construction contract, the developer agrees to follow the following
procedures:
A-6
1 . If the City participates in the cost of the facilities, the construction
contract must be advertised, bid and awarded in accordance with State
statutes prescribing the requirements for the letting of contracts for the
construction of public work. This includes advertising in a local
newspaper at least twice in one or more newspapers of general
circulation in the county or counties in which the work is to be
performed. The second publication must be on or before the tenth
(10th) day before the first date bids may be submitted. The bids must
be opened by an officer or employee of the City at or in an office 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 be;., i.-isureiJ, Fr-ensed
and bonded to do work in public right of way.
3. To require the contractor to furnish to the City payment, performance
and maintenance bonds in the names of the City and the developer for
one hundred percent (100%) of the contract price of the facility, said
bonds to be furnished before work is commence. Developer further
shall require the contractor to provide public liability insurance in the
amounts required by the City's specifications covering that particular
work.
4. To give 48 hours notice to the department having jurisdiction of intent
to commence construction of the facility so that City inspection
personnel will be available; and to require the contractor to allow the
construction to be subject to inspection at any and all times by City
inspection forces, and not to install any paving, 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
A-7
s:
of any and all partial and final payments to the contractor. Said
approval shall be subject to and in accordance with requirements of this
agreement, and is not to constitute approval of the quantities of which
payment is based.
6. To delay connections of buildings to service lines of sewer and water
mains constructed under this contract until said sewer and water mains
and service lines have been completed to the satisfaction of the Water
Department.
7. It is expressly understood by and between the developer and the City of
Fort Worth, that in the event the developer elects to award one single
construction contract for storm drainage and pavement, said contract
shall be separated in the bidding and City participation, if any, shall be
limited to the lowest possible combination of bids as if each of the
above were awarded as separate contracts.
J. Anything to the contrary herein notwithstanding, for and in consideration of
the promises and the covenants herein made by the City, the developer
covenants and agrees as follows:
1 . The developer shall make separate elections with regard to water and/or
sanitary sewer facilities, storm drainage, street improvements and street
lights as to whether the work prescribed herein shall be performed
by the City, or by its contractor, or by the developer, through its
contractor. Each separate election shall be made in writing and
delivered to City no later than six (6) months prior to the expiration of
this agreement. In the event any of such separate elections has not
been made and delivered to City by such date, 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 V-F hereof.
2. Irrespective of any such election and whether the work is to be
performed by the City, or by its contractor or by the developer through
its contractor, the developer covenants and agrees to deliver to the City
A-8
qw--4w jMW
a performance and payment guarantee in accordance with the provisions
of Paragraph V-F of this agreement.
3. In addition to the guarantee required in the preceding paragraph, in the
event developer elects that the work be performed by the City, or by the
City's contractor, or such election is presumed as provided above, the
developer covenants and agrees to pay to the City the developer's share
of the estimated construction costs. The amount of such estimated
payment shall be computed as set out on the Summary of Cost hereof,
based upon the lowest responsive 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 work. Such estimated
payment shall be made promptly upoi demand by City, it being
understood that such payment will be made after the receipt of bids for
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 officers,
agents and employees from and against any and 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, whether or not caused, in
whole or in part, by the negligence of officers, agents, or employees, of
the City. In addition, the developer covenants to indemnify, hold
harmless and defend the City, its officers, agents and employees from
and against all claims, suits, or causes or action of any nature
whatsoever brought for, or on account of any injuries or damages 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, agents or employees, whether or not
A-9
r
mor.vP 'Wrow
caused in whole or in part, by the negligence of officers, agents, or
employees of the City.
5. Developer covenants and agrees that it discriminates against no
individual involving employment as prohibited by the terms of Ordinance
No. 7278 (as amended by Ordinance No. 7400), an ordinance prohibiting
discrimination in employment practice because of race, creed, color,
religion, national origin (except for illegal aliens), sex or age, unless sex or
age is a bonafide occupational qualification, subcontractor or
employment agency, either furnishing or referring applicants 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).
K. Venue of any action brought hereunder 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 September 1992, is hereby incorporated herein by reference,
and Developer covenants and agrees to comply with said Policy as a condition
of this contract and as a condition to the platting of the subject property.
M. The following descriptions of work apply, as appropriate, to the areas included
in the Community Facilities Agreement:
1. STREETS
Streets as shown in Exhibit B will be in accordance with plans and
specifications prepared by the Owner's engineer and approved by the
Director of Engineering.
2. STORM DRAINAGE
Storm drain as shown in Exhibit B — 1 will be in accordance with plans and
specifications prepared by the Owner's engineer and approved by the
Director of Engineering.
A-10
vwr" r
3. STREET LIGHTING
a. The Developer shall provide for the installation of streetlights by the City
forces at the approximate locations shown in Exhibit C, immediately
after final acceptance of the street construction, in accordance with
engineering plans and specifications approved by the Transportation and
Public Works Department.
b. Streetlights on residential and / or collector streets can be installed using
overhead or underground conductors with the approval of the streetlight
Engineer.
c. Streetlights on arterial streets shall be installed with underground conduit
and conductors.
d. The Developer shall provide for the installation of a 1'/4 inch schedule 40
PVC conduit at the depth not less than 30 inches and at least 18 inch
behind the curb, "clear from all other utilities".
e. The Developer shall provide for the installation of a 1% inch schedule 40
PVC conduit between streetlights proposed for installation and the power
source to become operational.
f. A 3 inch schedule 80 PVC conduit is required when crossing streets at
depth not less than 30 inches, unless indicated otherwise on the plans.
Concrete pull boxes shall be provided at the crossing points.
g. Luminaire ballast shall be rated for multitap operation and each luminaire
shall have it's own photocell.
4. TRAFFIC CONTROL DEVICES
a. The Developer agrees to pay for the street name sign installations required
by this development to the extent of $80.00 per inspection. This unit cost
will be revised annually by the Department of Transportation and Public
Works to reflect prevailing costs of materials and labor.
b. This development creates the following number intersections at a total cost
as shown to the Developer.
c. The Developer may either deposit cash funds with the City equal to the
following amount at the time of Community Facilities Agreement approval
or wait until the street name signs are to be installed. If the Developer
elects to wait, the cost of street name signs will be at the rate
prevailing when the Developer deposits funds with the City.
A-11
Ampwlw� ♦ Ai.
d. The City will install the street name signs upon final approval of the street
construction. The street name signs will remain the property of, and will be
maintained by, the City.
5. OTHER WORKS
In the event that other works is required it will be included as specific
requirements to Community Facilities Agreement.
N. Developer. and City agree that this Agreement represents the complete and
exclusive statement of the mutual understandings of the parties and that this
Agreement supersedes and cancels and previous written and oral agreements
and communications related to the subject matter of this Agreement.
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 exec td this instrument in quadruplicate, at Fort Worth, Texas this
the o�?4A day of Z , 20 ( ,
APPROVED AS TO FORM AND RECOMMENDED:
LEGALITY:: /
Gary J. Steinberger go Malanga, Director
Assistant City Attorney Transportion and Public
Works Department
ATTEST: CITY OF F T TH, TEXAS
gTc c
By:
AlordiaPear on Mike Groo r
City Secr tart' Assistant City Manager
A-12
Contract Authorization BOB
Date
N..w4. _
DEVELOPER:
The Ranches North, Ltd.
A Texas limited partnership
By: D.L.H., Jr. Land Company
a Texas corporation
Its general partner
By._
D.L. Hudgins, Jr., President
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LOST CREEK RANCH' NORTH ADDITION
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DUNAWAY ASSOCIATES, Inc.
ENGINEERS - I'LLNNERS - SURVEYORS
FORT WORTH, TEXAS
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Bond No. 46BCSAL5538
STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253
OF THE TEXAS GOVERNMENT CODE AS AMENDED
BY THE 73RD TEXAS LEGISLATURE, 1993
(PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:
That, The Ranches North, Ltd., (hereinafter called the Principal), as Principal, and Hartford Casualty
Insurance Company, a corporation organized and existing under the laws of the State of Indiana, with its
principal offcc in the City of Hartford, CT (hereinafter called the Surety), as Surety, are held and firmly bound
unto the City of Fort Worth, Texas, (hereinafter called the Obligee), in the amount of One million eight
hundred seventy three thousand seven hundred eighty eight and 40/100 ($1,873,788.40), for the payment
,hereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th
day cf September, 2001, for Paving, Storm Drain, Sanitary Sewer & Water Improvements to Serve Lost
Creek Ranch North Addition — Phase 2 in the City of Fort Worth, Texas, which contract is hereby referred
to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
Texas Government Code as amended by Acts of the 73rd Legislature, 1993, and all liabilities on this bond to all
such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it
were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2nd
day of November, 2001.
Attest: The Ranches North, Ltd.
Principal
(SEAL)
(If Corporation)
Witness: Hartford Casualty Insurance
Company
Tracy ucker, Attorney-in-Fact
Bond No. 4613CSAL5538
STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253
OF THE TEXAS GOVERNMENT CODE AS AMENDED
BY THE 73RD TEXAS LEGISLATURE, 1993
(PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:
That, The Ranches North, Ltd., thereinafter called the Principal), as Principal, and Hartford Casualty
Insurance Company, a corporation organized and existing under the laws of the State of Indiana, with its
prii:cipal office in the City of Hartford, CT (hereinafter cai!,;d the Surety), as Surety, are held and firmly bound
unto the Cid of Fort Worth, Texas, (hereinafter called the Obligee), in the amount of One million eight
hundred seventy three thousand seven hundred eighty eight and 40/100 ($1,873,788.40), for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assi;n,,, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th
day of September, 2001, for Paving, Storm Drain, Sanitary Sewer & Water Improvements to Serve Lost
(;reek Ranch North Addition — Phase 2 in the City of Fort Worth, Texas, which contract is hereby referred
to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance with the pians, specifications and contract documents, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
Texas Government Code as amended by Acts of the 73rd Legislature, 1993, and all liabilities on this bond to all
such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it
were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2nd
day of November, 2001.
Attest: The Ranches North, Ltd.
Principal
(SEAL)
(If Corporation)
Witness: Hartford Casualty Insurance
Company
.n
(SEAL)
Tracy ck:rr;�tforney-in-Fact
r
Bond No. 46BCSAL5538
STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253
OF THE TEXAS GOVERNMENT CODE AS AMENDED
BY THE 73RD TEXAS LEGISLATURE, 1993
(PUBLIC WORKS)
KNOW ALL NtF.N BY THESE: PRESFNTS:
That, The Ranches North. Ltd., (hereinafter called the Principal), as Principal, a-id Hartford Cacuait-v
Insurance Company, a corporation organized and existing under the laws of the State of Indiana, with its
principal office in the City of Hartford, CT (hereinafter called the Surety), as Surety, are held and firmly bound
unto the C�of Fort Worth, Texas, (hereinafter called the Obligee), in the amount of One million eight
hundred seventy three thousand seven hundred eighty eight and 40/100 ($1,873,788.40), for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day
of September, 2041, for Paving, Storm Drain, Sanitary Sewer & Water Improvements to Serve Lost Creek
Ranch North Addition — Phase 2 in the City of Fort Worth, Texas, which contract is hereby referred to and
tnade a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
Texas Government Code as amended by Acts of the 73rd Legislature, 1993, and all liabilities on this bond to all
such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it
were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2nd
day of November, 2001.
Attest: The Ranches North, Ltd.
Princi
6�
By: (SEAL)
Witness: Hartford Casualty Insurance
Company _
Surety
i
B
Tracy uc r,Attorney-in-Fact
1%W i
7FHE It
HRTFORD
Inquiries Regarding Claims
Hartford Fire Insurance Company Twin City Insurance Company
Hartford Casualty Insurance Company Hartford Insurance Company of iilinois
Hartford Accident and Indemnity Company Hai tford insurance Company of the Midwest
Hartford Underwriters Insurance Company Hartford Insurance Company of the `)outheast
Please address inquiries regarding Claims for all surety and fidelity products issued by
The Hartford's underwriting companies to the following:
Phone Number 888-266-3488
Fax - Claims 860-757-5835 or 860-547-8265
E-mail claims@Istepsurety.com
Mailing Address The Hartford
The Hartford Fidelity &Bonding (BOND)
Hartford Plaza
690 Asylum Avenue
Hartford, CT 06115
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/8/02 C-18916 20LOST 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH THE RANCHES NORTH, LTD. FOR
THE INSTALLATION OF COMMUNITY FACILITIES FOR LOST CREEK RANCH
NORTH, PHASE II
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with The Ranches North, Ltd. for the installation of community facilities for Lost Creek
Ranch North, Phase 11.
DISCUSSION:
The Ranches North, Ltd., the developer of Lost Creek Ranch North Addition, Phase 11, has executed a
proposed contract for community facilities to serve a single-family development (158 lots) located in
north Fort Worth, east of 1-35 and north of Keller-Haslet Road (see attached maps).
The proposed Community Facilities Agreement is in compliance with City Policy. This development has
thirteen interior streets. The developer's share for street improvements is $757,494 plus $15,150 for
construction inspection fees. There is no City participation for interior improvements.
North Beach Street adjacent to this development will be constructed at a future date. The developer
will be responsible for street and storm drain improvements. The sidewalks along North Beach Street
will be constructed by the developer at the time of street construction.
The Parks and Community Services Department participation is based on 383-linear feet of park site
adjacent to this development, at a cost of$52,137.
The developer estimates cost for water and sewer is $730,270 plus $14,606 for construction inspection
fees. The Water Department's participation is $2,011 plus construction inspection fees.
The developer's estimated cost for storm drain improvements is $263,062 plus $5,261 for construction
inspection fees. There is no City participation for the storm drain improvements.
Twenty-one street lights will be installed in this development and will be installed by Tri-County Electric.
There will be eighteen intersections where street signs will be installed at a cost to the City of$1,800.
Total project cost for this development is $1,841,831. The developer's participation will be $1,785,843,
and the City's participation is $55,988.
On May 24, 2000 (PP 00019), the Plan Commission approved the preliminary plat. The final plat has
been submitted to City staff for review.
This development is located in COUNCIL DISTRICT 2.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/8/02 C-18916 20LOST 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH THE RANCHES NORTH, LTD. FOR
THE INSTALLATION OF COMMUNITY FACILITIES FOR LOST CREEK RANCH
NORTH, PHASE II
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund, the Water Capital Projects Fund and the Park and Community Services
Funds.
MG:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140
Originating Department Head:
Hugo Malanga 7801 (from) APPROVED 01/22/02
C115 541200 020115136802 $ 1,800.00 AS AMENDED
Additional Information Contact: P160 539140 060160152230 $ 2,011.00
C181 541200 080181046230 $54,610.00
Hugo Malanga 7801