HomeMy WebLinkAboutContract 28457r
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CONYIV�UNIiY F�l,CILIYI�S �C�R����P�i
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THE STATE OF TEXAS § City Secretary
C4UNTY O� TARRANT §
Cor�tract No, �p
WHEREAS, Hillwood Residential Services, L,P., hereinafker called
"D�veloper", desires to make certain �mprovements for the ex#ension of Herifage
Trace Parkway from General Workh Drive nor�h 1,52a feet {Sta. 52�-80 to Sta.
68�Q0}, an addition to �he City of Fart Worth, Texas; and .
WHEREAS, the said Developer has requested fhe City of Fort Worth, a
municipal corporation of Tarrant and Den#on Counties, Texas, hereinafter called
"Cii�', to da certain work in co�nection wiih said impro�ements;
NOW, THEREF�RE, KNOW ALL BY THESE PRESENTS:
Tha� said � Deveiaper, acting he��in by and through Fred Balda, its duly-
a�thorized Vice Presidenfi, and the City, acting herein by and thraugh Marc Ott,
its duiy authorized Assistant City Manager, for and in considerafion of the
covenan�s and condifions contained f�erein, do hereby agree as follows:
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COII�f�iURlIiY F/�GILIi[I�S ACRE�NY�f�T
�o ins�all
Si���i, �iO�AIY �RAIN, �i��� f�IGb�' r4iV� S�R��� hl�►f4�� 51GN
114fVPR�1/�1V�FNiS FQR
H�RiY�G� T'��C� ��►�F�'I�IAY
(Sfia. ����0 fio Sfia, 68+OU�
A. The Devefaper(s} agree to install or to cause fo have instalied, the street,
storm drainage, street lighting, street- name sign and other cammunity
facilities improvements shown as "cu�'rent improvements" on the attached
Exhibits �, �1 �ND C.
B. Th� Developer agrees to comply with all city accepted practices, ordinances,
regulafiions, as well as pro�risions afi the Ci�y Charter, the City Su�di�ision
Ordinance, City Design Standards and the current Policy for fns#alEation of
Communi�y Facilities in fhe design, contracting and installation of requ9red
"current improvements".
C. The Developer agrees to comply. with the General Requirements confained
hereirt (Aitachment A).
D. As shown on the attached °Summary of' Cost�, the Developer agrees ta fund
his share of "current improvements" and fa pay the Cify for his share of the
cost of street, storm drainage, street lighting, street name signs as shown on
the aftached Exhibits �, �'I and C.
E. Payment is due at the time this agreemer�t is executed by the City and the
De�eloper.
F. The estimated total eost of current impro�emenfi� an� rela�ed suppork
services specified in this agreement, including design, construction and
inspection is esfiimated to $�13,422.
ln accordanc� with the City's current Policy for [nstallation of Community
Facilities as shown in fhe Cost Summary on page 3.
The Devefaper shall confribute �ollars $fi��,fi61 of �he iotal amount.
Tf�e City shall contribute �ollars �154,76'I of ihe fo#al amounf.
G. Developer agrees to provide, at his expense, a[I necessary rights of way and
easemenis requir�d fo construct current and fu#ure improv�ments pravided
for in this agreement.
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H. Developer agrees to relieve the City of any responsibilities for any
inadequacies in �he preliminary plans, sp�cifications and cost esiimates
suppiied for ihe purpose of this confrac�,
I. Developer afso agraes to �nstall or adjust all of the required �tilities to serv�
the d�veEapment or to construcf tt�e �mpro�ements required herein.
J. Developer agrees that no street cons�ruction or sform drainage will begin prior
to City Co�ncil approval of this Community F'acilities agreement. {Article
1 D4.1 Q0, 4rdinance 7234).
K. De�eloper a�rees that no lot shall be occu�ied until improvements required
herein
have been constructed (Article 104.100,' Ordinance 7234}.
L.. Developer agr�es to complete tF�e_.impro�ements covered by this agreement
within 90 calendar days after having been insfructed to do so, in writing, by
�he Director of Trans�orkaiion and Public wor�zs. It is understood fhat the
develop�r will initiate the consfruciion of all impro�ements to conform r�vifh his
own schedule, except for those improvements whict� �he Transportation and
Public Works Director deems necessary for the proper and orderly
developme�tt of the area. In tt�e event Devefoper fa�ls to carry out any such
insfructions within the 90-day period, the Deveioper gi�es the City the rig�t to
design and award a contract, and inspect the improvements ir� question, and
agrees to pay to the City prior to the award of the canfract, �he amaunt nf t�e
low bid. �
M. City participation in "current improvemer�ts" shall not exceed 125% of cost
s[�own in Summary of Cost.
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�L/IYIIYI/'i� I �� bl���
b�Rl i�l {s� i14�4 G� �AR�AY 11VIPROV�IVI�ii�i5
�(�rom �fa. �2¢�0 fo �fa 6E�Op)
Item
Dev�loper Cify Gos� %�al Cosf
Gos�
' A. Constructian �
1. Streets $ 292,743.00 $ 7'f ,472.00 $
2. Storm Drainage $ 308,fi43.D0 $ 63,963.00 $
3. Street Lights $ - $ 11,20Q.00 $
4. Street Name Signs $ - $ - $
B. �ngin�ering Design $ - $ 8,�26.Q0 $
G Construction �ngine�ring $ -
and Management �y DOE (2%) $ �2,028.OQ (*� $
70TAL5 I$ 613,414.00 I$ 154,76�.00 �$
NOTES:
1. All Preliminary Plats filed after Jufy 11, 2000 will requ{r� sidewalks on all streeis.
Forty-tvuo (42) feet and wid�r street include sidewalk cost.
Sidewalks are.ta be ins#alled and paid for by the developer. included under street cost.
2, Canstruction items (9-2) cost includes 'f0% contingencies for Qeveloper and City.
3. De�elaper's column for ltern C represents twa percent (2°/a} costs for construction
insp�ction and materials testing. �
{*} Represents City par�icipation for construcfion fees.
�4. City not preparing plans and specifications.
364,215.00
372,fi06.OD
91,200.Op
8,12B.OD
'[ 2,028A0
768,175.00 �
CFA COD�: 2U0237 �
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E . STREET LYGFiTS :
1. STREET ZIGHT CO�� ESTIMATE
QUAN�'�TY UNrT COST
xNTERS�CTxONS 0 EA• $ 2,000
MID-BLOCK RESII]ENTIAL Q EA $ 2,p00
CH�INGE OF DIRECTIDN RESII]�N'I'�AL 0�A $ 2, noa
M�D-B�,DCK COL��CTOR 0 EA $ 2,000
MTD-BLOCK ARTERIAL PARKWAY 0 EA $ 2,$00
MID-BLOCK ARTERIAL MEDIIkN (Double) 7 EA $ 2,200
RELOCATE EXISTING LIGHT Q EA $ 1SQ0
Subtotal
City's �ost
Developer's Subtotal
14% Contingencies
Project Total
Adjacent Developer's Cost
Deve7.oper's Cost
2% �nspection Fee
Developer' s Respor�siba,l.�.ty See PG
III-1! `•Lir�.e 7„
TOTAL COST
�0.000.00
$Q,Q00.00
$0,000.00
$--Q--
�--0--
$15,_400.00
$--0--
$��,440.Op
�ii,z�o.no
�o,000.oa
$0,000.00
$0.000.00
$O.p00.00
$Q�a�d.�0
$0,40.00
HER�TAGE TRACE PKWY
March 18, 2Q02
Fort Worth, Teazas March 18, 2002
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2. STREx� LIGHTS WORK DESCRIPTION:
1, The Developer sha11 p�ov�de �or the installation of streetlights at
the approximate locations shown in Exhibit "C", immediately after
fina� acaeptance ot the st�ee� construction, in accozda�ce with
engineering plans and specifieations approved by the Transportation
and Public Works Departm�nt.
2. Str��tlights on r�sidential and /or collector streets can be
�ns�al�ed using overhead or unde�grou�d conductors with the approval
of the Director af Transportation and Public Works.
3. Streetlights on arterial streets shall be install�d with undarground
co�duxt and canductors.
4. The Develop�r shal� provide for the insta�lation of a 2�inch
schedule 40 PVC candu�� at a depth not �.ess than 30 inches and at
l�:ast 18-inch behind the curb, "clear from all other utilities".
5. The Dev�loper shall provide for the installatian o� a 2-�nch
schedu�.e 40 PVC conduit between straetlights propased for
installation and the pawer source �o became opexata.anal.
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 pu1l baxes shall. be provided at tha Crossing
points.
7. Street lig�ht condui� and foo�ings sha11 �be iastal.3.ed by *he
developer's con�raa�or as part of and at the time of street
cons�ructioa. The city wi3.I. obtain el.ectric serv�ice and comple�e �he
street ].ight cvnstruction in accordance wi�h approved plans.
8. The dev'elape�r o� their contractor shall contac� City`s street light
division 48 hours prior �o s�ar�in.g any installatian of conduit
and/or streetlights at (817) 871-810fl to irisure prope� inspection of
work.
9.The p�'4C�CXL3�'� fo�r i�ra.stalling conduit and tootix�gs w�ii be with �he
inspea�or ori the job site or you can request a copy by calling 8�.7�
$71-6596. .
HERITAGE 'TRACE PKWY
Ma�ch 18; 20fl2
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"STR��T LIGH'rS"
MxD- BLOCK ARTFsRTAL MEb�AN
HERITAG� TR.ACE �KWY 7
I��RXTAG� TRACE PARKWAY
AiiACbl�Ef�Y A
CEA1��L R�@�11R1�M�N�S
A. !t is agreed ar�d understavd by th� ��arties F�erata that the �eveloper shall empfoy a
civif engineer, iicensed #o practic� in the State of Texas, �or the design ar�d
prepa�-at�on . of plans and specifications for the construction of af! current
improvemenis covered by this cor�tract, s�b�ect ta Paragraph B.
B. Fo�- any praject estimated fo cost less than $10,000 or for any project designed to
serve a singl� lot ar tract, the deveiaper may at 1�is 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 percenfi of the final construction cosi of such
project for such engineering services.
C. In the e�ent the ckeve�oper employs his awn engineer to prepare plans and
specifica�ions for any or a11 curreni �mprovement�, �he plans and specifications, so
prepared shall be subject to approval by the department having jurisdiction. �ne (1}
reproducible set ofi plans with 15 prints anc� 35 specifcations for eacf� facility shafl
be furnished the depar�ment having jurisdicfEon. it is ag�eed and understood that in
the evenfi of any disagreement on the p{ans and specificafiions, ihe decision of the
TransportationlPublic Works D�partment Direc#or, andlor Wate� Department
Dir�ctor wiN be final.
D. lt is further agreed and undersfood by the parties hereto tliat upon accep#ance by
the City, title to ail facilEt�es and improv�ments mentioned hereinabove shall be
vested at alf fimes in the City of Fo�k Worfh, and develaper hereby relinquishes any
righi, title, ar intere�t in anci to said faciiities or any part hereof.
E. It is further agreed that the d�cision of the City to not coUect funds for "future
improvements" require� in p�e�ious C�'A agreements daes not constitute an
oblagation on #he part of the City to construct such "future improvements" at its
expens�.
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F. Work hereu�der shall be completed within filvo �2) years from date hereof, and it is
understood that any o.�ligatior� on the part of the City to make any refun�s with
respect to water andlor s�nitary sewer facilities or street, storm drain, street light
and street name sign shall cease upon the expirafion of two �2� years from date
hereof, except for refunds due from "front foot �harges" on water and sar�itary
sewer mains, which refunds may continu� to be made for a periad ofi ten (10) years
cornmencing on fhe �ate that approach mains are accepted by the Director. If less
than 70% of the eligible coflec#ions due to the deveEoper has been coilected, the
De�e�oper may request in writing an ext�nsion of up to �n addifional � 0 years for
coilection of front charges. If the canstnac#ion under the Communiiy �acifities
Cvnt�a�i sha11 ha�e started within the iwo�year period, the life of fhe Comm�nity
Facifities Contract shall be extended for an additional one-year �eriod. Community
Facility Contracts not comple#ed wi#hin the .time periods stafed abov� wi11 require
renewaf of �he canfraci with all updated agreements being in compliaflce with the
policies in effect at t�e time of such renewal. Developers must recognize that City
�- funds may not be �vail�ble to pa� �11 or a portion afi th� normal �it�}. shar� fior
renewal contracts. It must be understaod by al1 parties �o the Community Faci1ifies
Contrac# that any af the facilities ar requirements inclu�ed in the contract that are to
. be perFormed by the developer, but not p�rformed by the developer within the time
pe�iods stated above, may be com�leted by the City at the developer's expense.
The C�ty of Fort WortF� shall not be obli�ated to make any refun�s due to tl�e
developer on any facilities construc�ed under fhis agreement until all prov9sions of
t�e agreement are fulfilled.
G. PERFORMANCE AND PAYMENT GUARANTEES
4. i�or Sfreei, �form 9rain, Sfiree4 L�qh� and Sfireet Name Siqn
lmpro�rements �o k�e Constructed bv fhe C7e�eloper or Ci�v on �ehai�F of
the De'veloper:
Per�ormanee and Payment bonds vr cash deposits acceptabfe to t�e Ciiy
are required to be furnished by the d�vefoper for the instaifation af streets,
storm drains, streef lights, and street name signs, on a nan-assessment
basis, and must be furnisF�ed to the Ciiy prior ta execution of this contracf.
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The performance and payment bonds shail be in fhe amour�t afi on� hundred
percent �100%} of the developer's estimated share of the cost of the sireets,
storm drains, street I�ghts, and street� name signs, if �he deposif is in the
form of cash, the deposit shall be in the amount of ane hundred iwenty fi��
percent (125°/o) af tf�e - developer's estimated cosf of fhe streefs, storm
drains, street light�, street name signs, and change orders (during the
course af the praject}.
2. For �uture lmprovement:
Performar�ce and payment bonds ar cash depasiis, acceptable to the City
are required to be furnished. by the �eveloper for on� hundred �ercent
(10Q%} of ihe devefoper's estimated cost resulting fram the pavkng,
drainage, lighting and nam� s�gnage af border streets on an assessment
paving basis. �Reference Section Vl, Item 3, bevefopmenf Procedu�es
Manual:) -Sa�d-performance_-a.�cl payment b�nd� c�r cash depasits must.b�_
furnished fo the City pr�or �a execution of fhis contract,
Where the City lets the cantract, �erfarmance and paym�nt bonds sha11 be
deposi�ed, in t�e amount o� ane hundred �ercen� (100°/Q} af the esfimated
cost of construction as stated in the consfruction confract, is required prior to
issuance of a work otder by the City.
3. �or 1dVa�er and Sanitary 5ewer �acili�ies:
P�rforma�ce and paymerit bonds, or cash �eposits, acceptable ta the City
a�e required #o be furnished by the developer for the i�stallation of water and
san�tary sewer facilities.
a. Wh�re the developer lets the canstruction contract for water and
sanitary sewer faciti�ies, performance and paymenf bands shall be
deposited, in the amount of one hundred percent (1 �0%) of the
estimated cosf of construction, cas� deposited shall be in the amount
of ane hundred twenty-fi�e percent (12v%), as . stated in th�
construction contract, is required to be fUrnished simultaneous with
execu�ion of the canstruction contract.
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b. Where the City lets the contract, performance and payment bands
shaCl be depasited, in the amoun� of one hundred percent (9 DO%)
of the estimated cost of construc#ion as sta�ed in the construction
contract, ts required prior �o issuar�ce ofi a work order by the �City.
4. ivpes o� �uaranfees:
a. Performance and Pavmeni Bon�s: Are requ�red for the construction
of s#reets, storm drains, street iights, and stree� name signs, the
folfowing terms and conditians shall apply:
(1) The bonds will be standard performance and paym�nt bonds
provided by a licensed surety company on forms furnished by
that s�rety company.
(2} The bonds will be subject to fhe review and apptovaf by the Gity
. . ,� � �tto rn ey: - - _ _ �. _. : .
(3) Th� perFormance �ond shall be payable to the Ci�y and shaN
guarantee performance of the street, starm drain, street light,
and street name sign construction confemplated under this
contract.
t4) The Payment Bond shaff guaran#ee Payment for all labor,
ma#erials and equipment furnished in connection with the street,
storm drain, street light, and street name sign constn.�ction
contemplated under this confiracf.
(5) {n ord�r for a surety compat�y to be acceptable, the name of the
surety shall be included on the currer�t U.S. Treasury �is� of
acceptabl� sureties, and f�he amount of bond written by any one
acceptabie company sha11 r�ot exceed the amount shawn on �he
Treasury list for that company.
b. Cash beposits: A cash cfeposit shal{ be acceptalale wifih verification
that a� attempt �o secure a bond has been denied, such deposit
shall be made in the Treasury of the City a� Fork Worth. Th� City of
Fort Worth will not pay ir�terest on any such cash deposit.
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�� ) At such time that the contract is bid for projects other than
assessment pro}ects, the cash de�osit shall be adjusted to one
hundred fwenty five p�rcent (125%} of. the actual bid pric�. No
cantract shall be awarded ar�d no wark order shafl be issued
untif such adjustment is made.
(2} V1Jhe� a casF� deposit is made, the additional twenty�five
percent (25%) beyond the one hundred percent {100%) of the
estimated developer's share represents ,add�tior�al funds far
change orders during the course of the project. This iwenty five
percent (25%) shaN be co�sidered the developar's change
order fund.
{3} If �he devefoper mak�s a cast� deposit with the City, the
- d�vek�per may make.timeky withdrawals.from fhe ca�n funds in
order ta pay the contractor andlor sub�ontractor based on
amount of construction work compl�ted as approved and
verified by the City EngEneer or authorized representative. For
projecfs whose actual total cantract cc�st is $400,000 or greater,
s�ch release of security shaVi equal the percenfage of work
completed for that period multiplied by nine#y-five percent
� (95%). This percentage
sha{1 be app{ied to the actual curr�r�t total coniract cvst to
. determine fhe amount that may be reduced upon req�aest af
developer. For projects whose ac�ual fotal contract cos# is fess
than $4Q4,fl0�, such r�fease of security shall equal fhe
percentage of work com�leted for that period multipli�d by
n�nety percent (90%}, This pe�centage shall then be appli�d fo
the actual current tofial cor�tract cost to determir�e the amount af
security �hat may be reduced upon request of developer. The
remain�ng security, five percent (5%) for projects o# $400,OOQ or
greaier and te� percent {10%) for prajects [ess than $400,000
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tagether with the remaining funds from fhe Qeveloper's Change
Order Fund, if any, wil4 be released to the d�ve{oper after the
project has been accepted by the City. Partial release of f�nds
sha11 be limited to once per month. There shalf be no partial
release of funds for projects of less than $25,000. Proof that the
deWeloper has pa�d the contractar shall be required for partial
releases.
�. Purpose, Ye�m and Renewal of Cuarar�fiees:
a. PerFormance and payment bonds, and cash deposi#s fum�shed
hereunder shail b� for the purposes of guaranfieeing safisfactory
complianee �y the de�eloper wit� alf requirements, terms and
conditions ofi this agreemen#, including, but no# fim�ted to, the
sa�isfactory campletion of the improverrtenis prescribed herein, and
fhe making of payments fo any person, frm, corporation or other enfify
��� ��-- with wha�n-the de�eloper has a direct contractu.al relationshi�..for the . _
performance of work hereurider.
b. De��loper shall keep s�id performar�ce and payment bonds, aridlor
cash d�posits in full torce anci effect unfil such tim� as de�Eloper �as
ft�lly complied wiih the terms an� cor��itiofls of tl�is agreement, an�
fail�re tc� keep same in force and effect shall constitute a defauft and
breach of #his agreement.
H. The City shall assurne ifs share of �he cost of the imprauements covered by tF�is
agre�ment along with �he engineering fee only if funds are a�ailab{e for such
participation. ln the even� that no funds are auailable for Ci#y participation, the
developer sl�all award the contract �nd deposit witFt the Cify a performance and
�ayment bonds or cash for 9�fl percent of the es�ima�ed total constructton casf of
the impro�ements 1plus ten �ercent (10%) for er�gineering and miscellaneous costs
if the City prepares the plansj.
On all facilities inclucied in this agreement for which the develop�;r awards ifs own
construction contract, the�developer agrees ta follow the following procedur�s:
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'i . If the City part�ci�afes in the cost of the facilitiss, the construc#ion contract
must be advertised, ��d and awarded in accordance wiih State statutes
prescribing the requirements for the fetting of co�tracts for the constructit�n
of public wo�rk. This includes advertising �n a local newspaper at least twice
in one or more newspaper� ofi general circulation in the county or counties in
wt�ich the worlt is to be perFormed. The second publicafian must be on or
before the tenth (10th) day before the first dafe bids may be submitted. The
bi�s must be opened by an officer or employ�e of tf�e C�ty at or in an office
of tf�e Ci#y.
2. To empla� a construcfiion cantractar, who is appro�ed by the Dir�ctor of ihe
Depar�ment having jurisdiction over the fiacility to be so constructed, said
car�tractor to meet City's requirements for be�ng ins+�red, licensed and
bonded to da work in �ublic ri�hi af way.
3. To require the contractor to furnish to ihe City payment, perFormar�ce ar�d
�m�in�en�nce bonds ,ir�-t�e names of �he City and the. developer__for. Qne._�
hundred percent (10Q%) of the contraci price of the facifity, said bonds to be
furnished b�fore work is commence. Developer fiurther sha!! r��uire fhe
confractor to pra�ide public liabil�fy �nsurance in tf�e amounts required by the
City's spe�ifications covering that particula�' work.
4. To giv� 48 hours notice fo fihe de�artm�nt having �urisdiction of intent to
commence construction of tha facifity so that City inspection personne! will
be available; and to require the contractor ta allow the
eonstruction to be subject �o inspection at any and aU #imes by City
inspection forces, and not to install any paving, sanitary s�wer, storm d�ain,
or wa#er pipe unless a responsible City inspector is present ar�d gives his
consent fo proceed, ar�d to make such faborafory fests of material� being
used as may �e required by the City.
5. To secure approval by t�e Director o# #he Depar�ment ha�ing jurisdiction
of �ny and all pa�ial and final payments to the contractor. Said approvai
shall be subject to and ir� accardance with req�iremenfs of this agreemenfi,
and is na� to co�stitute approval of the quantities of which payment is based.
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6. To delay connections of b�i{dings to service {ines of sewer and wat�r mains
constructed ur�der this confrac# until said sewer and water mains and service
lines have b�en completed to �he satisfac#ion of the Water De�ariment.
7. It is expressly understood by and between the developer and tY�e City of Fort
Worth, that in the ev�nt the developer elects tv award one single
construction contract for siorm drainage and pavement, said contract shall
be separated in the bidding and Ctty participa�ion, if any, shall be limited ta
the lowest p�ssible combinatian of bi�s as if each of the above were
awarded as se�arate contracts,
J. AnythEng to the con�rary herein no�withstandi�g, for and in consideration of the
promises and the covenants herein made by ihe City, the devaloper co�ena�ts and
agrees as follows:
1. The developer shall make separate elections with regard to wa�er and/or
- -- � sanitary �sewer facilities,-..storm drai�age, stree� impro�emenfs .and sfreet , _ _
lights as to whether the work pr�scribed herein shafl be per�ormed by the
City, or by its confractor, or by the developer, through its contractor. Each
. separate election shall be made in writing and defivered to City no later t�an
six (6) months prior to fhe expirafion of this agreement. In the e�ent any of
such separate elections has no� beer� made and deliver�d to Cify !�y such
date, it shal! be conciusavefy. presumed that the developer has elected that
such wark be perForm�d by �ne City in accordance with a11 of ti�e terms of
�his agreemen�, and in particular Paragra�h V-F hereaf.
2. Irr�spec�i�e of any sucF� efectior� and whether the work is to be
performed by the Cify, vr by jts co�tractor or by the dev�loper through its
contractor, the devefoper covenants and agrees to deliver to t1�e City a
perfo�mance and paymenf guarantee in accorciance wi�h th� pro�isions of
Paragraph V-F of th�s agreement. �
3. In a�dition to fhe guarantee requir�d in �he preceding paragrapF�, in the
event de�elaper efecfs tha# the work be performed by the City, ar by the
City`s contractor, or such elec#ion is pres�me� as provided above, the
devefoper covenants and agrees ta pay to the City the de�eloper's share of
the esiimated onstructio� costs. The amount of such estimated paymenfi
. ;,
shaH be computed as set out on th�.5ummary of Cost hereofi, based upon the
lowest res}�onsi�� bid for such wark, as c�etermined by Ciiy, or upo� a cost
es#imated to be performed by City fc�rces prepared by the Cify, as appropria�e,
and shall �e subject to adjustment fo act�aal costs upon final completion of the
subject work. Such estimated payme�t shall be made promptly upon demand
by City, it being understood that such payme�t will be made af�er tne receipf of
bids fior work, but in every case prior to the award of any construction contract,
unless otherwise specifically set out herein.
�
4. Developer further co�renants and agrees to, and by these presents does
hereby fuAy indemnify, hald harmless and defen� the City, E#s ofFicers,
agents and empioyees from and against any and afl cfaims, suits or causes
of actior� of any nature whatsoever, whether real or ass�rteci, hrought for
or on account of any i�juries �or damages to pe�sons or prope�ty, �ncfuding
death, resulting from, or in any way connected wi�h, this agre�ment, or the
cons��ction of the improvements or facilities ciescribed fi�erein, whether or
-_-- � �not c�used, iri whole vf-ir.i part� bW the n��liaence ofi afficers, aqen.fs.,.�c___ ._. _
emalo�ees, o� �he Cifiv. ln addition, the devaloper covenants to indemnify,
hold harmless and defend the City, its officers, agents and employees from
and against all c�aims, suits, or causes or action of any nature whatsoever
brough� for, or on accouni of any injuries or damages to �ersons or
property, including death, res�alting from any faiiure to properly sa�eg�ard the
worlc or an account of a�y act, intentional or otherwise, negl�ct or
misconduc# of the de�eloper, its contractors, subcontractors, agents or
employees, wh�ther or not caused� in whole or in Qar�, bv the
neq[iqence afi ofifc�rs, aqenfs, or emp{oyees of �he C'rty.
5. De�e{oper covenants and agrees thai it discr�mina�es agai�st r�o individual
invol�ing employment as prohibit�d by the terms of ��dinance No. 7278 (as
amended by Ordinance No. 7400), an ord�nance prohibiting discrimination in
employmen� practice because of race, creed, co{or, religion, riational origin
(exce�t for ille�a! aliens), sex or age, uniess sex or age is a bonafiide
occupational qualificatio�, sUbcontractor ar employment age�cy, ei�her
furnishing or referring appiicants to such de�eloper, nor any agent of
de�eloper is discriminaiing against any i�dividua} involving empioyment as
prohibit�d by the terms of such �rdinance Na. 7278 (as amended by
Ordinance No. 7400).
..
�
K. Venue of any action braugh� hereunder shall be in Fort Warth, Tarrant County,
Texas.
�. The City's Policy for the lnstallation of Community Facili�ies, as adop#ed �y the City
Cauncil on September 1992, is heretay incorporated i�erein by referer�ce, and
Develaper cove�anfs and agrees to camply with sai� Policy as a condi#ion ofi this
contracf and as a condition to the platting of the subject praperEy.
M. The fallowing descr�ptions of work apply, as appropriate, ta t'he areas included in
the Community Facifities Agreemenf:
9. STREETS
Streets as shown in Exhibit B will be in .accordance with plans and
specifications prepared Eay the Qwne�''s er�gineer and ap�roved by the
Director af Engineering.
_ . _ . - -2. �T(]RM D_RAI,I��C�E . _. . _.� . _ _�- - .. _.. .- --
Storm drain as shown in Exhibit B— 1 wili be in accordar�ce wifih p�ans and
specifications prepare� by the �vvne�'s engineer and approved by the
Direc#or of Engjn�ering.
3. STREET LIGHTING
a. The developer shail p�ovide for the installation of streetfights at the
approximate locations shown in exhibi# "C", immedia�ely after final
acceptance of the sfreet construction in accordance wit� engineering plans
an� specifications appro�ed by �he Transportation �nd Public Warks
Department.
b. Streetlights on residentiai and 1 or collector streets can �e �nstalled using
overhEad or underground con�uctors with fhe approval of the Director of
Transportatian and Pu�1ic War�Cs.
c. StreetEights on arterial streets sha{1 be installed with underground conduit
and conducfvrs.
d. The Developer sf�a11 pr.ovide far the �nsfa�latian of a 2-inch schedule 40
PVC cor�duit at the depth �ofi less than 3a inches and at least 18 inches
behind the curb, "clear from a{l other utiiities".
A-� 0
e. The Developer sha11 provide for the installation of a 2-inch scF�edule 40
PVC conduit between streetlights proposed fior jnstailation and fhe power
source to become operational.
f. A 3-inch sche�ule $0 PVC conduit is required w�en crassing streets at
depth not less than 30 inc�es, �nless indicated otherwise on the plans.
Concrete pull baxes shall be provided at the crossing points.
g. l.uminaire ballast shall be rated for multitap aperation and each iumina�re
sha11 hav� it's own pho#ocell.
4. TRAFFIC CONTROL DEVICES
a. The De�ekoper agrees fa pay for the street name sign instaflat�ons required
by this development to #he extent of $80.00 per inspection. This unit cast
wilf be re�ised ar�nuaffy by the De��rtment of Transportation and Public
Wor[cs to reflect prevailing costs of materiafs and labor.
b. This deveEopmen� creates thE follawing number intersections at a total cost
as shown to the De�eloper. _
c. The Developer may either deposit cash f�nc4s with the City equal to the
following amount at the time of Community Facilities Ag�eement approva!
or wait until the street name sigr�s are to b� ins#alled. If the De�eloper
efects to wajt, the cost of street name signs wili be at the ra#e
pre�ailing w�er� the De�eloper deposits funds with the City,
d. The City will instafl the street name si�ns upon final appro�al af fhe street
construcfion. The street name signs wili remain tha property of, and wilf be
maintained by, fhe City.
5. OTHER WORKS
ln �h� e�ent that otF�er works is required it will be includ�d as specific
requiremenfs fo Communi#y Facilities Agreement.
N. Developer and City agree that this Agre�me�t represertts the complete and
exclusive s#atement of the muival understandings of the par�ies and #ha# this
Agreement supersedes and ca.ncels and previous written and oral agreemenfs and
communica�ions related fio the subject matter of this Agreement.
A-11
, � �
�,
IN TESTIMONY WHEREOF, the Cify of Fort Worth has cause� this ins�r�ment to be executed
in frip{icate in its name and on its �ehalf by its Cify Manager, attested by its City
Secretary, with the corpara#e seal o� fhe City affixed, and said Developer has executed
this instrurnen� in quadn.tplicaf�, at Fort Worth, Texas this fhe � day of .�`Il,�� ,
�n o3.
APPROVED AS TO FORM AND
LEGALITY.
�
Gary �. Steinberger
Assis�ant Cify Attorney
ATTEST:
�' , �
�/.,f.��m-
loria Pear on!
City S�crefi�ry ,
_ ��� �f � �. �
Contra�� �uthariz�tiion
��,�,,� ��_ _..r_ .._..-__..�
�a�� �
RECOMMENDE�:
.,= l�= " -f
Robert D. Goode, P.E., Director
Transportafion a�nd Public V1lorks
Deparkment
CITY FORT WO EXAS
� -
By. r��P .
Mar �tt �
Ass tanfi City Manager
A-12
�v'M�le
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D�V�LO��R;
Hillwood Residen#ial Services, L.P,
a Texas Limified Pa�nership
By: It's G�neral Par�ner
Hillwood Development Corporafion
� `� T a C rporation
�y: �:' �
F� d�` B Ida, Vice President
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CARTER 8 BURGE55, INC.
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FOAi WORIHr7X 76102
PROJECT NQ, 9i1455.010.i,9U4i
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LEGEND
PROP. 2i' B/B
ROAQWAY/'f 20' ROW
PROP. LEFT TURW
MEQIAN OPEMING
tREQU�ST FOR CITY
PARTIC[PATIQN)
PROP. 4' S I �EWALK
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LIMITS OF PROJECT � - � -
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PRDJECT N0. 911055.Ot9.1.9D9t
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PROP. STQRM DRAIN LIN�
PROP, INLET
PRQP. MANH�LE
PROP, HEADYVALL
�X I ST. 5T'�RM DRA f N I� 1 N�
LIhA1TS (3F P�f}JECT
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LEGEND
PRQP. [70€JBLE STREET � I GHT ��
EXIST. DOUBLE 5TREET LIGHT o-Q
PROP. STREET SIGN �
EXI5T. STREET 51GN L5
LIMITS 0� PROJ�CT — '
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PH9JECT Nfl. 01 i d55. 63 0. �. 0001
REYo W 58/92 PAGE 6 OF i
C`�ty of �o�t Wo��`h9 Texas
�y�� �r�� �au�r�c;� ��r��u��������
DATE REFER�NCE NUMB�R LOG NAM� PAGE
211 �/D3 �o� ��7� 20PARKWAY 1 of 2
SUBJEC7 COMMUNITY FACILITIES AGREEMENT WITH H�L�UV��D F2��I�EfVTIAL ��R111���,
L.P., FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR HERITAGE TRACE
PARKWAY FROM GENERAL WORTH DRIVE TO 1,520 FEET EAST OF GENERAL
WORTH DRIVE {STA. 52+80 TO STA. 68+Op)
RECOMMENDATION:
It is recommended that the City Cauncil aufhorize the City Manager to execute a Community Facilities
Agreement wifh Hilfwaad Residentiaf Services, L.P,, fiar the installafion ofi cammunity facilities for
Heritage Trace Parkway fram General Worth Dri�e to 1,�20 feet �ast of General Worth Driue (Sta.
52-�80 to Sta. 68+00�.
DISCUSSI4N:
On December 19, 2fl00, the Ciiy Cauncil adapted a resolution authorizing the issuance of $45 rriillion in
Certificates of Obligatior� to address critical capital projects which incl�ad�d $4 miflion in developmen#
funds ($2.� million for CFA new dev�lapment funds and $1.5 mi[lion for derrelopment funds related ta
new school sites) ta supplemen# the 1998 Capital Improvemenfi Program new development fiunds.
Hillwoad Residential Ser►rices, L.P., the de�eloper of Heritage Trace Parkway, has executed a prapos�d
canfiract fior community facilities to canstruet Heritage Trace Parkway from General Worth Dri�e fo 9,520
feet east of General Worth Drive (Sta. 52+80 to Sta. 88�-00), located in nor#heast Fort Warth (see
attache�l map), There will be seven (7) streetlights insfa[led. The developer is responsible for the
installation af a!I wiring and streetlight fixtures. Street name signs are ins#alled with the subdi�isions.
Sidewal�s will be installed along the entire de�elopment.
This community facilities agreement is in compliance with standard City policy.
The estimated cost of the community facilities is as follvws and subject to the actual bid price.
PRO,]ECT C05T
Street Impro�ements
Design Engineering
Construction [nspection Fees
Storm Drain Impravements
Design Engineering
Construetion Inspection Fees
5treetLights
Sfireet Name Signs
DEVELOPER
$292,743
NIA
$ 5,855
$308,643
NIA
$ fi,973
$ 4,2a0
G iTY
$71,472
$ 4,288
$ i�)
$63,963
$ 3,83$
$ {�)
$ 91,20D
�r•�r_��
$364,215
$ 4,2$8
� �,8��
$372,606
$ 3,83$
$ 6,173
$ 1 �,44Q
�
�
TOTAL ESTIMATED COSTS $6� 7,614 $154,76�
�
$772, 375
�'ity o�' �'o�t Wo�th, Texas
�y�� cr�nd ���nc7� �c��r��n°���t;��
DATE REFERENCE NUMBER LOG NAME P,4G�
2/11103 �o� 9�7� 2�PARKWAY 2 of 2
5UE3J�CT C4MMUNITY FACfLITIES AGREEMENT WITH HILLWOOD RE5IDENTIAL SERVICES,
L.P,, FOR THE INSTALLATION OF COMMUNfTY FACILITIES FOR HERITAGE TRACE
PARKWAY FROM GENERAL WORTH DRIVE TO 1,520 F'EET EAST OF GENERAL
WORTH DRIVE {STA. 52+80 TO STA. 68+00)
''�Construction Inspection fees ta be paid are based on actual cost and are no# included in this Mayor
� and Council Communicati4n.
� PLAN COMMISSION APPROVAL - On March 27, 2002, the Plan Commission approved the preliminary
plat (PP02-09 2). The �nal plat has been submitted ta City staff for re�iew.
This devefapment is located in COUNCIL DISTR�CT 4.
FISCAL INFORMATI�NICERTIFICATIQN:
The Finance Director certifies that funds are availabla in the current capital budget, as apprapriated, afi
the Critical Capital Projects Fund.
MO:k
5ubmitEed for City ManAger's
�ffice hy:
Marc Ott
Originating DepTrtment Hesd:
Robert Goode
Additional Information Contact:
Itabert Goode
k'UIYD I ACC�UNT I CENTER I AMOUNT
(ta)
8476
78�4 (from}
C116 541200
C116 531200
C116 541200
�sa�
02D196136385 $135,435.00
020996136385 $ 8,126.00
020196136809 $ 11,200.00
CITY SECRETARY
A,i'PR�V�D 2/11/03