HomeMy WebLinkAboutContract 26360 � .�
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COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 9 6 X2 D
WHEREAS, Centex Homes, a Nevada General Partnership, hereinafter
called "Developer", desires to make certain improvements to Huffines Boulevard
to serve Marine Creek Lake Estates, 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 Robert Romo, its duly
authorized Vice 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:
MCC 0A IMIC-0 D
CON KC- IGARY
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COMMUNITY FACILITIES AGREEMENT
to install
STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN
IMPROVEMENTS FOR
MARINE CREEK LAKE ESTATES AND HUFFINES BOULEVARD
A. The Developer agrees 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, B-1,
C,C1, and D,
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 sign and other community
facilities shown as "future improvements" on the attached Exhibits B, B-1, C, C1,
and D. Payment is due at the time this agreement is executed by the City and the
Developer.
E. The estimated total cost of current improvements and related support services
specified in this agreement, including design, construction and inspection is
estimated to be $1,401,784.
In accordance with the City's current Policy for Installation of Community Facilities
as shown in the Cost Summary on page 3.
The Developers shall contribute Dollars $1,341,032 of the total amount.
The City shall contribute Dollars $60,752 (Parks and Community Services).
F. 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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G. 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.
H. Developer also agrees to install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
I. 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).
J. Developer agrees that no lot shall be occupied until improvements required herein
have been constructed (Article 104.100, Ordinance 7234).
K. 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.
L. Developer participation in "current improvements" shall not exceed 125% of cost
shown in Summary of Cost.
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SUMMARY OF COST
Item Developer City Cost Total Cost
Cost (PACS)
A. Construction
1. Streets $ 1,017,607.00 $ 53,763.00 $ 1,071,370.00
2. Storm Drainage $ 249,052.00 $ - $ 249,052.00
3. Street Lights $ 48,400.00 $ - $ 48,400.00
4. Street Name Signs $ 640.00 $ - $ 640.00
B. Engineering Design (6%) $ - $ 3,226.00 $ 3,226.00
C. Construction Engineering
and Management by DOE (8%). $ 25,333.00 $ 3,763.00 $ 29,096.00
TOTALS $ 1,341,032.00 $ 60,752.00 $ 1,401,784.00
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. Average City participation (')for inspection services
paid through bond funds is approximately $3,763 (6%)of cost.
4. City not preparing plans and specifications.
5. Park Department participation for streets adjacent to City Park is $60,752.
CFA CODE: 99005
CASE No.
Allk •d►
E. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 5 EA $ 2 , 000 $ 10 , 000
LANSDOWNE AVE. & DRIFTWAY DRIVE
ROYAL BIRKDALE DRIVE & KINGSKNOWE PARKWAY
KINGSKNOWE PARKWAY & MARINE PARK DRIVE
ROYAL BIRKDALE DRIVE & MARINE PARK DRIVE
PRESTWICK DRIVE & DRIFTWAY DRIVE
MID-BLOCK RESIDENTIAL 17 EA $ 2 , 000 $ 34 , 000
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2 , 000 $ --0--
MID-BLOCK COLLECTOR 0 EA $ 2, 000 $ --0--
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2 , 000 $ --0—
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2 , 200 $ __0__
RELOCATE EXISTING LIGHT 0 EA $ 1500 $ __0__
Subtotal $44 , 000 . 00
City' s Cost $ ---0---
Developer' s Subtotal $44 , 000 . 00
10% Contingencies $ 4, 400 . 00
Project Total $ 48 , 400 . 00
Adjacent Developer' s Cost $ __0__
Developer' s Cost $ 48, 400.00
2% Inspection Fee $ 968 . 00
MARINE CREEK ESTATES
PASE 1
Fort Worth, Texas January 4, 1999
III- 1
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2 . STREET LIGHTS WORK DESCRIPTION:
1 . The Developer shall provide for the installation of streetlights by
the city forces at the approximate locations shown in Exhibit "PAGE
3" , immediately after final acceptance of the street 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 streetlight Engineer.
3 . Streetlights on arterial streets shall be installed with underground
conduit and conductors .
4 . The Developer shall provide for the installation of a 11/-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 1V44-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 . Luminaire ballast shall be rated for multitap operation and each
luminaire shall have it' s own photocell .
TOTAL DEVELOPER' S COST $ 48, 400 . 00
MARINE CREEK ESTATES PHASE 1
Fort Worth, Texas January 4, 1999
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IV
STREET NAME SIGNS
1 . The Developer agrees to pay for the street name sign
installations required by this development to the extent of
$80 . 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.
2. This development creates the following eight (8) intersections at
a cost to the Developer of $640.00 :
Huffines Blvd. & Driftway Drive
Driftway Drive & Prestwick Drive
Driftway Drive & Lansdowne Avenue
Lansdowne Avenue & Royal Birkdale Drive
Royal Birkdale Drive & Kingsknowe Parkway
Royal Birkdale Drive & Marine Park Drive
Kingsknowe Parkway & Marine Park Drive
Kingsknowe Parkway & Kingsknowe Parkway
3 . The Developer may either deposit cash funds with the City equal
to the above 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.
4 . 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.
MARINE CREEK
PHASE I
Fort Worth, Texas January 4 , 1999
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ADDENDUM
The following constitutes an Addendum to be read and construed with and as a part of that
certain Community Facilities Agreement, heretofore entered into by Centex Homes, a Nevada
General Partnership, Developer Robert Romo, Vice-President and the City of Fort Worth, a
municipal corporation in Tarrant County, Texas dated , and designated
as Contract No. ,in the office of the City Secretary of the City of Fort
Worth, Texas.
(1)
The Developer and the City hereby agree as follows:
A. Developer agrees to deed to the public two parcels of land as
indicated on Exhibit "D" out of Marine Creek Lake Estates for the
purpose of adding public parkland to Marine Creek Lake Park as so
designated by the City Council, City of Fort Worth, the said parcels
of land being the delineated area shown on the attached Exhibit "D",
Parks, which is hereby incorporated herein by reference for
identifying the land to be so dedicated. The deeding of said parks to
the City shall occur no later than ninety (90) days after approval of
this Addendum by the City Council of the City of Fort Worth.
B. Developer agrees to have or to cause to have the said above described
area, which is so with plans and specifications as approved by the
City Parks and Community Services Department. Developer agrees
to provide a minimum of six (6") inches of topsoil over areas of cut
and fill as well as areas disturbed by construction within the park.
The topsoil shall be relatively free of rock and other debris.
C. Developer agrees to seed areas of cut and fill and areas disturbed by
construction with suitable grass as determined by the City Parks and
Community Services Department.
D. Developer agrees to have or to cause to have suitable clean-up of the
park areas as determined by the City Parks and Community Services
Department prior to deeding of said areas to the City. This would
include, but not be limited to, removal of trash and construction
debris deposited on the said park areas.
E. Developer agrees that there shall be no transfer of interest in said park
area, either express or implied, prior to deeding, of said areas to the
City without the consent of the City Manager, City of Fort Worth.
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F. The Developer will, at the time of dedication of the park, provide the
Parks and Community Services Department with final plat drawings
of 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 Developers.
G. 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.
Recommended:
Richard Zavala, Director
Parks and Community Services Department
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PAVING FACILITIES ATTRIBUTABLE
TO PARK DEVELOPMENT
A. One half of linear foot charges of park paving, including design
engineering and inspection contingencies attributable to the Parks and
Community Services Department at an estimated cost of$ 60,752.
B. The City's share of park paving costs related to the existing and
proposed park will be due and payable to the developers upon:
1. Completion of park paving; and
2. Delivery of the required park dedication documents for the park
property to the City.
3. Delivery to the Parks and Community Services Department construction
documents which illustrate all infrastructure improvements on or
abutting existing park property and/or the current park dedication
property.
Whichever event occurs last.
Recommended,
Richard Zavala, Director
Parks and Community Services Department
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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 event 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, and
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 time periods stated above will require renewal 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 (125%) 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 of this agreement, including, 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 whom 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].
I. On all facilities included in this agreement for which the developer awards its
own construction contract, the developer agrees to follow the' following
procedures:
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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 being insured, licensed
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
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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 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 upon 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
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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 las 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
Ask �.�►
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'/4 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
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 all previous written and oral agreements
and communications related t 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 executed this instrument in quadruplicate, at Fort Worth, Texas this
the b4h day of �)OXMLIW ,
APPROVED AS TO FORM AND RECOMMENDED:
LEGALITY:/
Gary J. Steinberger Hugo Malanga, Director
Assistant City Attorney Transportation and
Public Works
ATTEST: CITY F FO W T , TEXAS
By:
loris Pea on //-8-pd Mike Groome
City Sec etary Assistant City Manager
_ 0- - 113 .31oq
Contract Authorization
to- umc@me �1N1�
Datc115'Cl °ICU
DEVELOPER:
Centex Homes, a Nevada
General artner ip
ay:
Robert R mo, Vice President
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DEVELOPMENT BOND
GUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No. 5954145
KNOW ALL MEN BY THESE PRESENTS, that we, CENTEX HOMES as Principal,
and SAFECO INSURANCE COMPANY OF AMERICA a corporation organized and existing under, the
laws of the State of WASHINGTON and fully authorized to transact business in the State of Texas, as
surety, are held and firmly bound unto CITY OF FORT WORiH, ir.;QLS, 1000 1 rsoc'.vnoron
Street, Fort Worth, Texas. 761021— - s Obligee, in the penal sum of
THREE MILLION AND NO/100-----($3,000,000.00) hawiul money of the Unitled States of
America, for the payment of wEch weil and truly to be ;Wade, we bind ourselves, our heirs,
executors, administrators, suc=cessors and assiams,jointly ar=c sevcrally, ftrml;: by these presents.
WHEREAS, CENTEX HOMES has acreed to construct in
in the CITY OF FORT WORTH,
?L;SAS the following i norovernents:
SUBDIVISION IMPROVEMENTS FOR MARINE CREEK ESTATES,
PHASE ONE, INCLUDING HUFFINES BLVD.
WHEREAS, in the event of bankruptcy, default or other noriperfo r ce by Principal,
claims against Principal or the development, Obligee may be left without adequate satisfaction.
NOW, THEREFORE, THE CONDITION OF Tr-_IS OBLIGATION 1S SUCH, that
it the said Principal small construct, or have constructed, the improvements herein described, and
shall pay for the cost of all labor, materials and equipment furnished in connection Anth the
C to
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AN& 1
construction of said improvements, and shall save the Obligee harmless from any loss, cost or
damage by reason of its failure to complete the construction of said improvements or by reason of
its failure to pay for the cost of same, then this obligation shall be null and void, otherwise to
remain in full force and effect; and upon receipt of a resolution adopted by the City Council of the
City of Fort Worth indicating that the construction of said improvements has not been completed,
or that the costs for same have not be-,n paid, the Surety shall complete construction of said
improvements, and will pay all costs for construction of said improvements, or will pay to the City
of Fort Worth such amount up to the amount of this bond which will allow the City of Fort Worn
to cornoiete construction of said improve-ments and to pay for the costs of same.
PROVTDED FURTHER, that this bond shall automatically be increased by the amount of
any charge order, supplemental ag e-ement or amendment which increase the prce of the
afore,-nentioned contract.
PROVIDED FURTHER, that if anv legsl action be filed on this bond, he laws of the State
of Texas shall apply and that venue shall lie exclusively in Tarrant County, Texas.
,t-N-D PROVIDED FURTHER, that the said surety, for value rertived, hereby stipuiates
and agrees that no change, extension of time, alteration or addition to the terms of any contract for
Lie public affect its obligation on this bond. and it does hereby waive not±ce of any such change,
extension of time, alteration or addition to the terms of such contras
T'nis bond is given pursuant to the provisions of Section
212.073 of the Teras Local Government Code, as such may amended from time to time.
Signed, sealed and dated this 22ND day of OCTOBER 19 -98
CENTEX HOMES SAFECO INSURANCE COMPANY OF AMERICA
Principal Surety
By: By:
AL YSON DEAW1 ATTORNEY-IN-FACT
(D ,d PEC-09GID
POWER ;AFECD"INSURANCE COMF*A�NY OF.0,MERICA
r GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SAFECOO SEATTLE, WASHINGTON 98185
No. 10130
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
cot oration, does each hereby aoint
x xxxxxxxxxxxxxxxxx x xxxxxxxALLYSON DEAN, Dallas , TexaSxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this 19 day of February 19 98
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and
of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of
Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this ZZ-AJ _ day of
Im—
S 974/EP 1193 Registerration.
City of Fort Worth, Texas
*Vagor And Council Communication
DATE REFERENCE NUMBER I LOG NAME I PAGE
10/17/00 C-18309 20HUFFINES 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH CENTEX HOMES, A NEVADA
GENERAL PARTNERSHIP FOR THE INSTALLATION OF COMMUNITY FACILITIES
FOR CONSTRUCTION OF HUFFINES BOULEVARD TO SERVE MARINE CREEK
LAKE ESTATES
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Centex Homes, a Nevada General Partnership, for the installation of community
facilities for the construction of Huffines Boulevard to serve Marine Creek Lake Estates.
DISCUSSION:
Centex Homes, a Nevada General partnership, the developer of Marine Creek Lake Estates, has
executed a proposed contract for community facilities to serve a single-family (779 lots) development
located in northwest Fort Worth, south of Highway 287 and west of 1-35 (see attached map).
This development is located in COUNCIL DISTRICT 7.
The proposed community facilities agreement is in compliance with standard City policy.
Huffines Boulevard has been completed and accepted by the City. The developer's share for streets is
$1,017,607 plus $20,352 for construction inspection fees. The Parks and Community Services
Department's participation is $60,752 for the section of the park abutting Huffines Boulevard.
The developer's estimated cost for storm drain is $249,052 plus $4,981 for construction inspection fees.
There were a total of 22 street lights installed by the developer at a cost to the developer of $48,400 at
the following locations:
• Landsdowne Avenue and Driftway Drive
• Royal Birkdale Drive and Kingsknowe
• Kingsknowe Parkway and Marine Park Drive
• Royal Birkdale Drive and Marine Park Drive
• Prestwick Drive and Driftway Drive
The remaining 17 street lights were installed along Huffines Boulevard.
City of Fort Worth, Texas
4boluor and CouncilCommunication
DATE REFERENCE NUMBER I LOG NAME PAGE
10/17/00 C-18309 20HUFFINES 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH CENTEX HOMES, A NEVADA
GENERAL PARTNERSHIP FOR THE INSTALLATION OF COMMUNITY FACILITIES
FOR CONSTRUCTION OF HUFFINES BOULEVARD TO SERVE MARINE CREEK
LAKE ESTATES
Street signs were installed at the following eight (8) intersections at a cost to the developer of$640:
• Huffines Boulevard and Driftway Drive
• Driftway Drive and Prestwick Drive
• Driftway Drive and Lansdowne Avenue
• Lansdowne Avenue & Royal Birkdale Drive
• Royal Birkdale Drive and Kingsknowe Parkway
• Royal Birkdale Drive and Marine Park Drive
• Kingsknowe Parkway and Marine Park Drive
• Kingsknowe Parkway and Kingsknowe Parkway
The total project cost for this development is $1,401,784. The developer's participation is $1,341,032,
and the total City participation is $60,752.
The proposed community facilities agreement was not approved in advance of construction due to an
oversight.
PLAN COMMISSION APPROVAL - On April 22, 1998, the Plan Commission approved preliminary plat
(PP98024). The final plat was approved on May 11, 1999.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Parks and Community Services Fund.
MG:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
0 C T 17 2000
Hugo Malanga 7801 (from)
C181 541200 080181046100 $60,752.00 l�iJ
Additional Information Contact:
City Searetaa T of the
City of Fort Worth,Texas
Hugo Malanga 7801