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HomeMy WebLinkAboutContract 26775 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Lumbermen's Investment Corporation, hereinafter called "Developer", desires to make certain improvements to for water and sewer services to Summer Creek Ranch Addition, Phase II, Section IX, 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 Charles Hudson, 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: �� KNAL HCORD .�. la. SECTION ONE COMMUNITY FACILITIES AGREEMENT to install WATER AND SEWER SERVICES fo r SUMMER CREEK RANCH SECTION IX PH II 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 $ 0. 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 One Hundred, Ninety- Six Thousand, One Hundred Ninety-Six Dollars $1( 96,196) . 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 $ 0. 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 No Dollars ($0). I-1 o WOUPTH VEX. .�. Aa. PROJECT NAME: SUMMER CREEK RANCH SECTION IX PH II 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: I-2 F �I " � �► Ask PROJECT NAME: SUMMER CREEK RANCH SECTION IX PH II (1) WATER FACILITIES : Estimated ** Developer Estimated Total Cost City Cost Cost (a) Mains, Within Development $ -0- $ -0- $ -0- McPherson $ 54,353 $ 141,843 $ 196,196 (b) Easements* $ -0- $ -0- $ -0- (c) Services 73 - single 1") $ -0- $ -0- $ -0- (d)Park Participation $ -0- $ -0- $ -0- Sub-Totals, Water $ 54,353 $ 141,843 $ 196,196 (2) SANITARY SEWER FACILITIES: (a) Development $ -0- $ -0- $ -0- Approach $ -0- $ -0- $ -0- (b) Easements * $ -0- $ -0- $ -0- (c) Services ( 0 -4") $ -0- $ -0- $ -0- (d)Park Participation $ -0- $ -0- $ -0- Sub-Totals, Sewer $ -0- $ -0- $ -0- (3) TOTAL CONSTRUCTION COST: $ 54,353 $ 141,843 $ 196,196 (4) CONSTRUCTION INSPECTION FEE : $ 1,087 $ 2,837 $ 3,924 *to be dedicated by the developer. ** see Page I-4 for City Cost FKWU RECORD I-3 Val r ** CITY PARTICIPATION BREAK-DOWN FOR: PROJECT NAME: SUMMER CREEK RANCH SECTION IX PH II OVERSIZED WATER MAIN (This Developer is building line before it is needed. Previous section of 24" adjacent to Section IX, Ph 1 was participated at 24710" cost difference. On this portion Developer pays up to 8" water line; City pays the difference between 24"/8" water line, gate valve and fittings.) 2478" Water Line ($88-$21) averaged costs 1,564 L.F. x $67 = $ 104,788 2478" Gate Valve ($15,550-$625) 1 Each x $ 14,925 = $ 14,925 24"/8" C.I.R.T. Fittings ($3,500/ton) 1 LS x $20,990 = $ 20,990 2478" Plug ($1000-$430) 2 Each x $ 570 = $ 1,140 Subtotal $ 141,843 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT = $ 141,843 offi CM,L REC00 D I-4 l 1.11 1 u��& TEX PROJECT NAME: SUMMER CREEK RANCH SECTION IX PH II 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. 1-5 '�C0 L EEO i �• PROJECT NAME: SUMMER CREEK RANCH SECTION IX PH II K. 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 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. In the event water and/or sanitary sewer facilities work is not completed within the (2) year period, City may, at its election, complete such work at Developer's expense. L. It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/or materials as may be made necessary by conditions encountered during construction, and shall not include any change in scope of the project. RECOM ENDED: I ,I, _� ale A. FisseletL, P.E. Water Director Date u� dC IAL GREcc 10 u��D I-6 11SNY ° Y 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. A-1 L)Fm���Q� vgcoo°® CNN t1KC- y ..�. Am 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 RMY 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. A-3 UC'�;c' ..r 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, A-4 FMCG�°�� ���C�G © �e �C►G�� pyo 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 A-5 COQ© I&- MB U�Wo .■. "Oak 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: A-6 aA 1,1111 ED aa���pq�'p �Q��Q� li lea U`,F117 II9 me 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 A-7 (DiNKN'�� �'G�C�ED 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 A-9 C i.o ll'I I��ItaUIIU Y�7!/�0 .� AW 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 EC D a 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 M 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 executed this instrument in quadruplicate, at Fort Worth, Texas this the day of APPROVED AS TO FORM AND RECOMMENDED: LEGALITY: Gary J. Steinberger 49Hugo Malanga, Director Assistant City Attorney Transportion and Public Works Department ATTEST: CITY OF FORT WO JH, TEXAS o By: y loris Pear n ���g-O/ Mike Groomer City Secre ary Assistant City Manager A-12 Contract Authorizationi ' �a �np �`���X Date �,, /k Developer: Lumbermen' vestment Corporation B Charles Hudson, Vice President A-13 M Wil!j'� �E�6�e .�. Auk z w w z ONS M�POOw m RISINGER S�MMP NG w z �E� Uj m NORTH GPS�NoO� CROWLEY NZGN CLEBURN N 5v E PNCN o WE McPherson Blvd S RO CT LOCATION LOCATION MAP N.T.S. CREE"F RANC'-'-T SUMMETIR9 SECTRON DX, PHASE RR O O O N O Z O 0 LOCA ll lleD E w i C HTY OF FORT WORTH9 TEXAS w N a OWNEDIDEVELOPED BY: U) Ek. -! ���l�r 00U.5454 Belfline Road,Suice laso GOODWIN i Dallas,Texas 75240 bLA—M I.L Y Ln (472)702-8699 Oft eaNSr-n we-eumvon NOVEMBER, 20M �°01B"°°•�w•tar�m.ranwr.wT.��i: wo pin aaAana w SUMMER CREEK RANCH9 N SECTION XHePHASE �H w E WATER E?HIIBIT"A" S SCALE; I' = 200 IF �P$ PROP. FIRE HYDRANT n� 6 �` --__ ._ 8' GATE VALVE 8' GATE VALVE LEGEND C�r`>) �- PROPOSED WATER LINE 1 McPHERSON Bt VO EXISTING WATER LINE 24-_WATER LINE -W-1- PROPOSED FIRE HYDRANT ASSEMBLY EXISTING FIRE HYDRANT ASSEMBLY /( N PROPOSED GATE VALVE EXISTING GATE VALVE PROP, FIRE HYDRANT BGATE VALVE 24' GATE VALVE 8' GATE VALVE 24' GATE VALVE '"� "z McPHERSON BL VD 4 2 ' WATER LIWNE ' I ... I (G��SHALL i CY FNOMM_PLANNERS_DUFNEYM RCt 61 8pw[DW 1M,PoRW T­2 M!D 1917)42D4M E.\9945\07\Section9-PHASEII-REV.pro 20 Nov 2000 DEVELOPMENT BOND GUARANTEEING PERFORMANCE AND PAYMENT OF IMPROVEMENTS Bond No. S5-12-00-1 KNOW ALL MEN BY THESE PRESENTS, that we, Lumbermen's Investment Corporation , as Principal,and Travelers Casualty and Surety Company of America, a corporation organized and existing under the laws of the State of Connecticut and fully authorized to transact business in the State of Texas, as surety, are held and firmly bound unto CITY OF FORT WORTH,TEXAS, Water Department, 1000 Throckmorton Street, Fort Worth, Texas, 76102, as Obligee, in the penal sum of One hundred Ninety-Four Thousand, Nine Hundred Forty-Six and 0/100 Dollars ($194,946.00) in lawful money of the United States of America, for the payment of which well and truly to be made,we bind ourselves, our heirs, executors,admnzistrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Lumbermen s Investment Corporation has agreed to construct in Summer Creek Ranch IX- Phase 2 in the CITY OF FORT WORTH,TEXAS the following improvements: Proposed community facilities including water improvements WHEREAS,in the event of bankruptcy,default,or other nonperformance by Principal, claims against Principal or the development,Obligee may be left without adequate satisfaction. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described, and shall pay for the cost of all labor, materials and equipment furnished in connection with the constru RECORD Orf t E M ly f,Ku) Ta, .... AIM., 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 been 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 Worth to complete construction of said improvements and to pay for the costs of same. PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any change order, supplemental agreement or amendment which increase the price of the aforementioned contract. PROVIDED FURTHER, that if any legal action be filed on this bond, the laws of the State of Texas shall apply and that venue shall lie exclusively in Tarrant County, Texas. AND PROVIDED FURTHER, that the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of any contract for the public affect its obligation on this 600FICIAL MORD Irv'M E M I Y ruvole :tlW s bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of such contract. This bond is given pursuant to the provisions of Section 212.073 of the Texas Local Government Code, as such may amended from time to time. Signed, sealed and dated this 8th day of December 2000 LUMBERMENS INVESTMENT CORPORATION Principal J TRAVELERS CAS & SURETY CO OF AMERICA Surety Attorney-in-Fact ' � ��CIA PECOO RD I kcAVELJ✓KS C A*0 i 1 I A-M)NURETY C:UMYA.N Y Uk TRAVEL. CASUALTY AND SURETY COMPANY , FARbiINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT ILNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of IIlinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Harold L. Shults,Jr., Pat Bridgwater, Carol A. Scharschmidt, Charity J. Kneifel or Cherryle Richey of Austin, TX, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of-indemnity, arid other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the roger prescribe' in his o,her, certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. UY Y �' 1VLlRA Y City of Fort Worth, Texas 4tsoyor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/27/01 C-18481 1 20LUMBERMEN 1 of 1 SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH LUMBERMEN'S INVESTMENT CORPORATION, FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR CONSTRUCTION OF WATER AND SEWER SERVICES TO SERVE SUMMER CREEK RANCH ADDITION, PHASE II, SECTION IX RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Lumbermen's Investment Corporation for the installation of community facilities for construction of water and sewer services to serve the Summer Creek Ranch Addition, Phase II, Section IX. DISCUSSION: Lumbermen's Investment Corporation, the developer of Summer Creek Ranch Addition, Phase II, Section IX, has executed a proposed contract for community facilities to serve a single-family (726 lots) development located in south Fort Worth, south of Columbus Trail, west of South Hulen Street, north of McPherson Boulevard and east of the future Southwest Freeway (see attached map). The total cost for water and sewer improvements for this development is $196,196. The developer's estimated cost for water and sewer improvements is $54,353 plus construction inspection fees. The City's estimated cost participation is $141,843 plus construction inspection fees. The oversizing participation is for the 24-inch water pipe in McPherson Boulevard to serve the future Southside III pressure plane customers. PLAN COMMISSION APPROVAL - On December 12, 1999, the Plan Commission approved preliminary plat (PP99069). The final plat has been submitted to staff for review. This development is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 OM Originating Department Head: MY COUNCIL. Hugo Malanga 7801 (from) FEB 27 2001 P160 539140 060160140050 $141,843.00 Additional Information Contact: AO-Ofta0.-AJ City Seer@wary of the Hugo Malanga 7801 Cfty of Fort Worth,Texas