HomeMy WebLinkAboutContract 278674 ' 1
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�O�M�NIiY �A�ILIi��S A{���19��IVi
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Gity Secretary
!1 �i
Contract No. � �� � 7
WHEREAS, Garden Springs, L.P., by Lindenshire, Inc., it's general partner,
hereinafter called "D�veloper", desires to make certain improvemenfs to Garden
Springs Addition, Phase �V, an addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City vf Fort Workh, a munic�pal
corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do
certain work in connection with said impro�ements;
NOW, THEREFORE, KNOIIV ALL. BY THESE PRESENTS:
That said Developer, acting nerein by and thraugh Garden Springs, L.P., it's
general partner, Lindenshire, Inc., by and through Chris P� i s du�authorized
Vice Pres�cfent and the City, ac�ing herein by ar�d through &-��;.�.;,Lt:. i�,��.::.!•,�, its duly
authorized � Assistant City Manager, for and in considera#ion of the covenants
anc! conditians cantained her�in, do hereby agree as follows:
-,4������� °}�t
�Q�r` ��������'��,��°�l�
� �� �C`.��'�,
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SECTIOIV ONE
COMMUNITY FACILITIES AGREEMENT
to install
WATER AND SEWE� SERVIC�S
�or
{�A►R��N �PFtiNG� l9►►�D1TI0�1 PNA�� IV
A. The City agrees to permit the Developer to Eef a contrac� for, in accordance
wit� its accepted pracfices, ordinances, regulations, and tne provisions of
the Cify Charter, and subject to the requirements of the City's Charier, and
sub}ec# ta the requirements of the City's Polic�es and Regulations for
ir�statlation af Community Facilities, all as currer�# at the time of installation:
1�A,iER Fi�Cl�I�`l�� serve the fots as shown on the attached Exhibi� A,
and S.�NfT.►4�Y S�l��� �A�I�ITI�S to serve the lots as st�own on ti�e
attached Exhi�it A-1 afl in ac�ordance with plans and speci�cations to
be prepared by� private er�gineers employed by the De�ekaper and
approwed by the Water Department.
B. Tfi�e City agrees to ailQw th� Deveioper to install, at his �xpense, at the
time ati a#her water mains 'tn this addition are installed, a service line for
each lof as shown on the attached Exhibit A. Th� �stimated cost of
#hese service lines is $ 36,650. The City agrees to ��cord t�e locatian of
each saicf service line i� respect to the corner of the fot served, an�i to
retain said reco�ds in its passession.
C. The constructian cost of the water facili#ies herein cor�cerned, excEusive of
service lines and engineering is estimated to be �eventv��ne �housand,
One Hundred and ihir�v Dollars f$i1,130} .
D. The City agrees to aliow the Developer ta instal[, at his ex}�ense, at the
time all other sanitary sewer mains in this addition are installed, a 5�CV1Ce
line for each lot as shown on the attac�ted Exhibii A-1 . The estimated
cost af these service lines is $ 16,000. 7he City a�rees ta record th�
location of �ach said, service line in respect to fhe corner of #he lvt se�-ved,
and to retain said records in its possession.
E. The construction cost of the sanitary sewer facilities ta be installed
hereunder, exclusi�e of service I�r�es ar�d engineerkn�, is estitnated to be
One Hur�d�ed and iwv ihausand, ihree �lundred a�d �iahtv Doflars
f$'1��,3$�). - - �
I-1
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�ROJ�C� P�A�IIE: C�RD�N ��RINGS �.DDIiION ��iAS� IV
F. Prior to allowance of the constr�ction contract by D�veloper, the DeWeloper
agrees to provide acceptable finanGial guarantee to the city for 10Q percent
of the construction af the construc#io� costs along w�tF� payme�t of any
Ordinance costs ��d �ees that are applicable. Priar ta the award of the
construction contract by the City or t�e commeRcing of any wark by the
Ci�y or its contractors, the Devefoper agrees to pay to the City:
(1) (a) One Hundred percent (100%) ofi the Developer's cost ofi all water
and sanitary sewer facilities within the deuelopment, exclusive of
engineering and service costs, sized to provide water and sa�itary sewer
service within the de�elopm�nt.
(b) One hundred percent ('i 00%} of the Developer's cast of all
approach water and sar�itary sewer facilities outside the limits of the
development sized to pro�ide water and sanitary sewer service to ti�e
development.
(c) Qne hur�dred p�rcent (10d%) ofi #he De�eloper's cost of any
approach wa#er main faciliiy or water facility within the development that is
8-inches in size for non-ind�stria[ deve.la�ment and 12-�nches in size for
incius#rial de�elopment. •
(d}One hundred percent {100%) of the De�e[op�r's cost of a�y
approach sa�itary sewer main faciliiy or sanitary sewer #acility within the
developmen# that is 8-inches in s�ze.
(2} An addi�ianal ten percent (� 0%) of the total af the De�efopers eost
of these water and sanitary sewer facilities, exclusi�e of cost of service
fines, is requ�red far design engineering if such engineering is performed
by #he C�ty at the Developer's re�u�st.
(3) One l�un�re� percent {1 DO%) af the De�eloper's cost of all service
lin�s, estimated unde� 1-B and 1-D above, ir� accordance with ti�e
pro�isions of the current Fort Worth City Code.
(4} A construction Inspection Fee equaf #o �rrvo (2%) of the Developer's
actua� cost sha�'e of the construction cost {including alE services} of the
water andlor sanitary sewer faciliti�:s.
G. T�te distribu#ion of estima�ed constr�ction cos� befween t�e City and the
D�veloper, as per paragraph 1-F a�ave, for a11 water ar�d sanitary s�wer
facilities to be constructed hereunder is estimated as folkows:
I-2
r ' I � I.
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�RQJ�Ci N/�[4�9�: C►��9�iV S��iP�CS AD�I�I�N ��1,45� IV
t�� r��-E°�r� ��►c���T��s :
Estima#�d *�
Developer Estimated Tota!
Cost City Cost Cosi
(a} Mains,lNthin
De�elapmenfi $ 79 ,13D $ �Q- $ 7'i ,130
Ap�roach $ -0- $ -0- $ -0-
(b) Easements"` $ WO- $ -fl- $ -�-
(c} Services
64 - single 1"} $ 36,650 $ -0- $ 36,650
{d)Park Participation $ -0- $ -D- $ -0-
Sub-Totals, Water $ 107,780 $ -0- $ 'i 07,780
,,, '
(2) SAAlIiARY S�IaV�R FA►CI�I�'IES:.
(a) De�elopme�t $ 1 A�,680 $ 'i ,700 $ 102,380 ''
Approach $ -0- $ �0- $ -0-
(�} Easements �' $ -0- $ �0- $ -0�
(c) Senrices ( 6� -4") $ 16,000 $ -0- $ 16,OOa
(d)Park Participairion $ -0- $ -4- $ -0-
Sub-Totals, Sewer $ 'I 1 fi,680 $ 1,700 _ $ 118,380
(3} iOTAL
CONSiF�UCYlO�] CQS [: $ 224,460 $ �,700 $ 226,160
��} CQiV�i�tUCYIOi� �-
INSP�C�fON F�� : $ 4,489 $ 34 $ 4,523
*to be dedicate� by the �evefoper.
** see Page I-4 for City.Gost
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'�'� CITY PART�CIPATIC�N ���AK-DOVIlN F�R:
pf�QJ�GT i��.11��: ��Rp�[V SP�![��S p►�E�f�iON �HAS� 1V
OVERSlZED SEWER MAIN
(Developer pays up to 8" sewer 1ine; City pays the difference between
12"18"sewer Eine.
12" 18" 5�wer Line ($27-$25)
$5a l..F. x $2 = � 7,700
The cost difference is based on esfimate only. Actua6 refu�d fio �eveloper
shall be based on idglafe� an�l �ewer City �articipation G�A Uni� Prices
atfiached her�w�#h on �age l•��.
T�i'�L C1`iY �A�RTIClPAifOf� �DR l�A��R n�PAR7MENi
= � �,7aa
Z-4
i �
V�a�er and Sewer Ci�y Pa�icipafiion ��A Uniti Prices
wArER �
Pay Item Unit bescription
1 LF 6" Water Pipe
2 L.F 8" Water Pipe
3 LF � 0" Water Pipe .
4 LF 12" Waker Pipe
5 LF 15° Water Pi�e
6 EA 8" Gate Valve wlCast Iron box & Lid
7 EA 10" Gate Valve wlCast Iron �ox & Lid
S EA 12" Gate Va1ve wlCast lron bax & Lid
9 EA 16" Gate Valva wlCast Iran box & Lid
10 TN Cast IronlDuctile lron Fitkings
Ins#all 1" Air 8� Vacuum Release Valve
� 1 EA wNault
lnsta114" blow-Off w/4" Gate Valve &
12 EA Sump Manhole
� S�WER
� Pay Etem Unit Description
� 1 LF 6" Sanitary Sewer Pipe
2 LF 8" Sanitary Sewer Pipe
� 3 �� 10" Sanitary Sewer Pipe
4 LF 12" San�tary Sewer Pipe
5 L� 15" 5anitary Se�rer l�ipe
6 LF 18" Sanitary Sewer Pipe
� 7 L� ' 21" Sanitary Sewer Pipe
8 i.� 24" Sanitary Sewer �i�e
� 9 FA SkandarrJ a' Diameter Manhole
� 7 0 �A Standard 5' Diameter Manhale
i,5
Unit Price from Develaper's
Projects
� � 1b.p0
$ 17A0
$ 24.00
$ 26A0
$ 40.00
� s�s.ao
$ 1,182.00 �
$ 9 ,223.00
$ 6,587,00
$ 2,9S9.D0
$ 3,534,00
$ 3,624.00
� Ur�it Price from Developer's
�rojects
$ 24.00
$ 25.40
$ 26.D0
� 27.oa
$ 28.OQ
$ 38.00
, � a�5,oa
' $ 48.00
$ 7,293.40
, $ 3,125. DO
—�
��QJLCi fdAlVll�: �ARpl�f� ��RINCS A�D��iOi� �H�4S� {�!
H. The a�ov�e charges �o not include any front foot charges for connection to
existing or propased water andlor sanitary sewer mains construc#ed or to
be cons#ructed under the provisions af the "APPROACH MAIN OPTlON"
as described in 5ection I!I of the Policy for the "INSTALI...ATION OF
GOMMUNITY FACI�.ITiES" adopted in September, �992. These
a�ditional charge� are as follows:
1. Applicable to this Contract in the amount of $ N/A.
i�y Contract No. NIA dated NIA
Applicable CFA Nam� N/A
Date: NIA Numk�er NIA
When water facilities are insta{fed by cantract, instalfation of wate�'
serriices wil! be in�luded.as part of the contract. Installation of ineter
boxes on those servic�s may be done by the C�ty, afker completian ofi
constr�ction of all relative curb and gutt�r work on the water facilities
project site, at a cost of $7a/$135 per contract-installed charge to be due
and payable pr�or to issuance of a Work Qrder on the water facilities
installation contract. The al�ove charg�s do not apply if th� De�eloper
efects to include meter box instaflat�o� as part ofi the contract. How�ver,
m�fer box�s must.conform City standards.
,!. Within a reasonabl� time after completion of the above referenced
facilities to f�e constructed by contract awarded by the Develaper,
pro�ided all condit�ans for City participation have been met, the City
agrees to pay the Developer the °Estimated C�ty Cost" set out in 1-G
above; provided, hawever, that said payment shal! b� calculated using the
actual canstru�tion cos#s and ac#ua{ servic� costs under the provisions o'F
the current Fort Wort� City Cac�e, (said payment to be calculated as in 1-
G above}, based o� actual quantities as reflected in the fnal estirnat� paid
to th� Contractor by #he Qeveloper anc� on the actual records af cost ke�t
by #�e City as a part of its customary procedures. fr� the event the
difference in #he deposit and the actual costs exceeds $25, ❑eve�o�er
agrees to pay ta the Ci#y and underpayment which said adjustment might
indicate as being due, and the Gity agrees to pay to Developer a��r
o�erpayment.
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�R�JECT NAIVIF: CAR��h� S��IAIC�S ��91i1�f� PHASE IV
K. Wark hereur�der shal! be completed w�thin two (2) years fram date hereof,
and it is unders�ood t�af any abligatian on the pa�fi o� t�e City to mak� any
refunds with respect to water andlor sanitary sewer facilities shafl cease
upon the expirafiort of two (2) years from date hereaf, except for refunds
due firom "�Front foof charges" on water and sanitary sewer mairas, which
�-efunds may cont�nue to be made for a perEod of ten (10) years
commencing on the date that approach mains are accepted by the
Director. If less than 7�% af t�e eligible collections c�ue to the developer
has been collected, the Develaper may request in wri�ing an �xtension of
up to an additional `IO years for colfection of fron� charges. I� the event
►rvater andlor sanitary sew�r faciEit�es work is rtot compieted within the (2)
year period, City may, at its elecfion, complete such work a# Develope�''s
expense.
L. It is further agreed and undersiood that any additio�a] payment required
of De�eloper is to co�er only such additional work andlar materials as
may be mad� �ecessary l�y conditions encountered durir�g construction,
and s�ali not include any change in scope of the project.
RECOMMENDED:
;? � 1 —z- � - .
� r a �� 1. �—�
/ � /./ ,
�Dale A. Fisseler, P.E.
Water Director
7'11`�' � pU
Da�e �
I-7
COi1�N�l�1Vl�'Y �A�I�,I�i�� �,G���IlA�N�
io install
STRI��i, STORiVY Df�IP�, STRE�i LICFii AR�d ST���i N�M� SICN
f[VY��OV�M�N�S �8R
GI�F2.D�N S�RINGS ADDIiI�P� PHA�E IV
A. The Developer(s) agree to install or to cause to have installed, the streef, storm
drainage, street lighting, street name sign and other cammunity facilities
�mprovements shown as "current improvem�nts" on the attacF�ed Exhibits �, ��[,
AN� C. �
B. The Developer agrees to comply with all city accepted practices, ordinances,
regu{ations, as welf as pravisians of #he City Chart�r, the City Subdivision
Ordir�ance, Ci#y Design Sfandards and the currenfi Policy for [nstallation of
Community Facilit�es in the design, contracting and installation of required "current
improvements".
C. The Devefaper ag�ees to comply with the General Requirements contained herein
(Attachment A).
D. As shown on the at#ached "Summary of Cost", the De�eloper agrees to fund his
share of "currenfi impro�ements" and ta pay the City for his share of the cost af
s�ree#, storm drainage, str�et lighting, stree� name signs as shown o� the attached
Exhibits �. �1, and C.
E. Payment is due at the time this agreernent is executed by the City and the
Developer.
F. The estima�ed �ofa1 cost o� current impro�ements and refated support services
specifiied in this agreement, including design, construction and inspectian is
estimaf�d to $36�,0�8AU.
In accordance with �he City's current Policy for Installation of CommUnity Faciiities
as shawn in �he Cost Summary on page 3.
The Develo�er shall contribute Dollars $344,1�9.QD of the totaf amoUnt.
The City sha�� contribu�e Dol[ars �23,�3fi9.DQ.
G. Develaper agrees to provide, af his expense, all necessary ri�i�ts of way and
easements required to constr�ct current and future improvements pro�ided for in �his
agreemenf.
1
H. Developer agrees to re[ieve the City of any re$ponsibilities for any inadequacies in
the preliminary plans, specifications and cast estima#es suppliec� for the purpose of
fhis contract.
I. Develaper also agrees to install or adjust all of the required utifities to serve fine
developmen# or ta construct th� impro�ements required herein.
J. De�eiaper agrees that no street canstruction or storm �rainage will begin prior to
City Council appro�al of this Community �'acilities agreemen�. {Article 104.'I00,
Ordinance 7234).
K. Developer agrees thai no lot shail be occupied untii impro�ements required herein
ha�e �een consiructed (Article 104.100, Qrdinance 7234}.
L. De�eloper agrees �o camplete the improvements co�ered t�y fhis a�r�em�nt within
90 calendar days after ha�ing been instructecf to do so, in writing, by the Director of
Transportation and Public works. lt �s understood that the developer will initiate the
cons�ruction of all impro�ements to conform with his own schedule, excepf for those
� improvements which the Transportation and Public Works Direc#or deems necessary
for the proper and orderly development of the area. In the evenf Develaper fails to
carry out any such instructions within the 90-day period, the Developer gives �he City
the right #o d�sign and award a contract, and inspect the im}�ro�ements in question,
and agrees to pay �o the City prior to the award of the contract, the amount of the
1ow bid.
M. Cify participa�ion in "current impro�ements" shall not exceed 125% of cost shown in
S�mmary af Cost.
�
Item
A. Constructian
1. 5treefs
2. Storm Drainage
3. Street Lights
4. Street Name 5igns
B. E.ngineering Design
C. Co�struction Engineering
and Management by DOE (2%)
YOTALS
S[111�Ni�RY �� ����
f�ARD�IV 5�i�11dCS �HA�� I!/
� �eveloper
Cos�
$
$
$
$
$
233,523.00 $
103,917.Q0 $
3,0OO.Od $
_ �
_ �
$
$
6,749.00
347,189.04 1 $
�ify Cost
_ �
93,650,00 $
9,0OO.OD $
a�ao.oa �
819.D0 $
Total Cost
233,523.00
117,587.00
12,ODO.dO
400.oa
819.00
(*) $ 6,749.00
23,869.00 I $ 371,058.OQ
NOTE5:
1. All Pre{iminary Plats filed after July 11, 2000 will require sidewalks on al1 streets.
Forty-two (42) feet a�� wider street inelude sidewalk cost.
2. Construction items (1-2) eost includes 10% contingencies for De�eloper and City.
3. Developer's cofumn for ltem C represents two percent (2%) costs f�r constructian
inspeciian and materials testing.
("') Represents City par�icipafion far construction fees.
4. City not preparing plans a�d specifications.
C�A COI��: a0'163
PP94�008; dated 5129I94
�
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c
E. STRE�T LIGHTS:
1. STREET LZGHT CO�T LSTIMAT�
INTERS�CT�ONS
MID-BLOCK RESZDENTIAL
CHANGE OF T��R�C'�TON RESIDENTIAL
MID-BLOCK COL,T��CTOR
MID-BLOCK ART�R�AL, PARKWAY
Mzp-BLpCK ARTERIAL MEDTAN
RELpCATE EXISTIIVG T,7GHT
0 EA $ 1.50D
Subtota7.
City's Cost
De�relaper' s Subtota7.
10� Contingeneies
Project Total
Adj acent Deve].opex' s Cos�
Daveloper's Cost
2% Inspection Fee
Developer's Responsibility See PG
�z2-1, ••La.s�a 8••
CARDEN SPRINGS, PHASE IV
August 7, 2001
QUANTZTY UNIT COST
� EA $ 2,ODD
1. EA $ 2, 000
1 EA $ 2,000
0 EA $ 2,000
D EA $ 2,800
0 EA $ 2,200
iJ ��,
TOTAL GOST
$8.000.00
$2,0�0.�0
$2,OOfl.00
$--0--
$--0--
�__p__
$--0--
$12,000.00
$9,000.00
S�,000.oa
$O,OOQ.04
$12.000.00
$0.000.00
$O,OOD.00
$O,OO.Oa
Fort Worth, Texas August 7, 2401
� ' , � .
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ITI- 1
2. STRE�'� I,IGHZ'S WORIC D�SCRIPTION:
l. Tha Devel.oper sha11 provide for the installata.on of streetlights at
the approximate lo�ations shown in Exhibit "C", immedia�e�y af�er
final acCeptance of the 5tr�;�:t constructioz�, in accordance with
engineering plans and specifications approved by the '�ranspoxta�ion
and Public Works Department.
2. Streetlights on residexitial and /or collector s�reets can be
insta�.l.ed usa.ng overheaci or underground conduct�oxs with th� approval
of the Director of T�anspox'tation and Pub1Yc Works.
3. SCreetlights on arteria3. ��reets shall be install�d with u.z�dergrou.nd
conduit and canductors.
4. The Ueve].oper shall provide for the installa�ion of a 2-inch
schedule 40 PVC conduit at a depth not less than 30 inches and at
least 1B-in.ch behind the Gurb, "clear from al�. other utilities".
5. The Developer sha�l provide for the installation of a 2-inch
schedule 40 PVG conduit between stree�lights proposed for
in.stallation and the powe� sot:�rce to become operational.
6. A 3-inch schedule 80 PVC conduit is required when crossing stree�s
at a depth not less than 30 inehes, unless indicated otherwise on
the plans cancrete puil boxes sha�.l be provided at the crossing
points.
7. The developer shall pay a faur percent (40} fe� of the construc�ion
cost for construction. engineering and insp�ction of �he street light
insta7.l.ation.
8. S�reet light conduit and �ootinga shall be installed by �he
daveloper's con.�raator as part of and at the time of street
constrtiction. `The eity wiil ob�ain eleet�ic sezvice and aomp].ete the
stree� light aons�ruction in aacordance wi�h approvad pl.ans.
9. The developer or their coxa.�xactar shall contaet City`s stx'ee� light
division 48 hours prior to starting any installation of conduit
and/or streetlights at (817) 871-610Q to insure prop�r inspection of
work.
10.The proaedure for installing condui� and footings will. be with the
ir�specto� oa the job si,te or you can reques� a copy l�y calling 81.7-
871-6546.
GARDF�i SPRIbIGS, Pi�ASE IV
Augugt 7, 2001
� ' i� �
1
�
a
TYZ- 2
"STREET LZGHTS"
INTERSECTiONS
MIAMI SPRINGS & HUT,EN CIRGL�------ 1
MIAMI SPRINCS & STREE'I' �7-----�--�-- 1
MZAMT SPRINGS & STR&ET K----------- I
STREFT YC & STREET J---------- 1
MID-BLOCK
aTREET J------ 1
CHANGE OF DIRECTION
STREE'P J------ 1
GARDEN SPRINGS, F�HASE iV
e( �
�V
STR��T IdAIV�� SI(�I�S
1. The City will install the street name signs upon final appro�al of the street
construction. The street name signs will remain the property of, and will be
maintained by, the City.
2. The City will pay far the street name sign installations required for this
development to ti�� exient of $10Q.00 per intersection. This unit cost will be
re�ised annually by the Department of Transportation and Public Works to reflect
prevailing costs of ma#erials and labor.
3. This development creates the follawing four (4} intersecfio�s at a cast ta the C��y
of $400.Oa :
Miami Springs Driv� and Street `K'
Miami Springs Drive and Street `J'
Street `J' and Street `K'
Miami Springs Drive and Hulen Circle
GAR�EN SPRINGS ADDITION
PHASE IV
Fart Worth, Texas
August 3, 2001
IV -1
1: ��
PAVd��
�N S{i� PA1���G
ITEM � I]�SGRIPTIDN
�.J' . .�
1 6"LfME Sl1BGRD (30�ISY)
2 fiY�RAiEiI L1ME
3 5" RG PVMi W!6" CURB
4 STO. 10' IiUL�T (2nd STAGE}
5 STM WAT�R MGMT
6 SE�pING OF PARKWAY5
7 REMOVE EXISTING �EAD END BARRICAD�S
8 STM WATER MGMT
9 CONST. E[�� OF ROAQ BARRICA��
1p GIIARiI RAlL AT BDX CliLVER7
11 WHE�LCHAIR RAMP (TYPE k1
Sl]B•TOTAL ON 517� PAVING
�30 °/a CONTINGENCIES �� ! !
TOTAL ON SIT� PA1111�G !
U�[�r �.lQ�'Y T PR10E AMDEINT�
5Y $000 s z.ao $ � 6,aao.00
TON 120 � 10D.Q0 $ 12,000.�0
SY 7750 � Z1.00 5 1fi2,750.0�
EA �4 � 1,oaa.00 $ 4,0�0.0�
tS 1 S 500.00 $ 50D.�0
5Y 560� S D.50 $ 2,800A0
LF 3D S ] 0.0� � 3�0.00
L5 1 S 1,000.00 � 1,0OO.OD
LF 30 S 5�.D0 S 1,50Q.00
LF 20fl S 60.00 $ 12,OOO.DQ
�p 8 � 350.00 S Z,8�O.a0
— — !� $215,650.00
! ! � �S 21,5B5.00
� ! ! � � 5237,215.00
GAR�EN SPRINGS PH. lV
serverljob10104101Cos# 071'E 2120D 1 1 i:55 AM
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ON 51�� STaRM �RA�i� SYST�M
I7EM # UESCRIPTIUi� UN[T QTY_ _ PRICE_ _ AMOUNT
1 27" RCP STORM PIPE, CLASS I!I
2 STD 10' Cl1RB lNL�T (1st STAGEI
3 5�'0 4' SQUARE MANHOL�
� S7D. 3•$' x 4' BOX CllLVERT
5 STfl. 3• 8' x 4' PARAL.f.EL WING
6 TRENCH SAF�TY
7 7RENCH EXCAVATION
8 llNCLASSI�lEO CHANNEL EXCAVATION
9 CLEAN OUT E7(EST. CHANNEL
i 0 1 B" RaCK RIP RAP
� 1 STM WATER MGMT
�2 27" HEA�WALL
13 NYORU MULCH CNAI�N�L
Z4 ACCESS RAMP _
5UB•TOTQL 5TOR1� dRAIN SYSTEM
10 °/u CONTINGENCI�S
�TOTAl, S70RM URA[N SYSTEM
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Nate: City Cost
25°/0 of the Box Gulvert. $28,750 x 0.25 =�7,187.50
fi°� Engineerin� 53,187.50 x.06 = 43�.25
Total City Cust � �1,618.75
56D $ 40.00 � 22,�OO.flfl
s s soo.ao s �,saa.ao
2 � 1,600.00 $ 3,200.aa
8p $ 45D.QQ S 36,000.00
2 $ 5,000.00 $ 10,OOQ.OU
550 S 1.OQ � 55U.40
650 S i.QO 5 65�.D0
1 a0� S 2.�U S 2,D00.00
1300 � 4A0 � � 5,20�.00
75 S 50.00 S 3,750.00
1 S 1,OO�.DO S 1,000.00
1 S 1,500.�0 S 1,500.a�
18000 S 0.50 �� � 9,0OO.OD
� $ a,oao.00 $ �,aoa.ao
•--- "_I S1Q3,fi50.�Q
$ 1�,365.D0
j $�14,fl1�a.0�J i
GARDEN SPRI�fGS PH. 1V
Q7I1012001 07110l2001 12:39 PM
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STR��T LIGH�S
ITEM �t �ESCAlPTION UNIT Q.�Y PR{C� AMDllNT �
1 SiREET LIGHT CONOUIi LF 80Q $ 8.00 S 4,80a.00
2 STREE7 LI�H7 BASE EA 6 $ 500.00 S 3,0�0.0�
�"UTAL 57R�ET LIGHTS
— ����na.Qo
GARDEN SPRINGS PH. IV
07/10/2004 0719 Q12001 12:39 PM
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A�'TACH�IiEiVT A
GENERAL R�QUIR�nJ'IENTS
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A. {t is agreed and understood by the �arties hsreto that the d�velaper shall
emplay a civil engineer, iicensed to p�actice in the 5tat� of Texas, for the
desigr� and preparation af plans and specifications for the cor�struction of a{l
eurrent improvem�nts covere� by this cantract, subject to Paragra�h B.
B. For ar�y proj�ct estimat�d #o cast fess than 510,000 or far any project
designed to servs a single !ot or tract, the developer may at his option request
th�e City to provide the desigr� engineering, anci ifi sueh request is grant�d, the
d�velo�er shatl pay to the City an amaunt equa! to 10 percent of the final
construction cost of such project fQr such engineering services.
C. lr� the event th� develaper em�loys his own engineer to prepare plans and
s�ecifications fo� any or a11 current irrjprovzmEnts, the p3ar�s and specifications
so prepared shall be subject to appraval by t�e department having jurisdiction.
One (1) reproducible set r�f plans with 15 prints and 35 specifications for each
facility shall be furnished the departm�nt ha�ing �urisdiction. it is agreed and
understood that in the ev�n� of any disagreemant on the plans and
specifications, the d�cision of the Transp�rtationlPublic Works Department
Director, andlar Water Department Director will b� final.
D. 1t is further agreed and unclerstood by the parties hereto that upon acceptance
by the City, title #o ail facilities �nd improvements mentioned hereinabove shall �
b� vest�d at all times i� the City of Fart Worth, and devefoper hereby
relinquishes any right, title, or interest in anci ta said f�cilities or any part
hereof,
�. lt is further agre�d that the decision of the City to nat coflect funds far "future
impro�ements" required in previous CFA agreements does not constitute an
obiigation on the part of the Gity to construct such "future impro�ements" at
its expense.
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F. Wa�k her�under sha{I �e com�teted within twa (2� years from date hereof, an
it is understaod that any obligation on tF�e part of the City to ma[ca any refunds
with res�aect tv water andlor sanitary sewer facilities or street, storm drain, '
street light anti street name sig� shall cease u�on the expiration of two j2y
years fram date hareaf, .except for refunds due fram "frar�t faat charges" an
water ar�d sanitary sewer mains, which �efunds may continue to �e made fo� a
�eriad of ten (107 years commenc�ng on the date ti�at approach mains are
accepted by the Director, if tess than 7�% of the eligi�le collections due to
the develaper has been collected, th� Develo�e� rnay request in writing an
extensi�r► ofi u� to an additi�nal 10 years far �collection of front charge5. If the
canstruction under the Cammunity Facilities Contract shall l�ave started within
the two-y�ar period, the life of the Community Facilities Contract s�t�11 be
extenr�ed far an additional one-year period, Commun+ty Facility Contracts not .
completed within the timP periods sfiated a�ove wiil require r�n��;5; a1 of the
contract with al1 updated agreemertts b�ing in campliance vvith the policies in
�f�ect at ti�e time of such rene4vak. De�e4ap�rs must recognize that City funds
may not lae available to pay' a1i ar a�ortion of the rlorm�l City share for
renewal contracts. it must be uncierstood by a1f parties to the Community
Facilities Ctintract t�at any of the facilities ar requirements inciuded in the
cor�tract that are to b� performed by tt�e developer, but not performed by the
devaioper wit�in the time periods stated above, may be completed by the City
at thE deve{oper's ex�e�se. The City af �ort INortf� sha{1 not be obligated to .
make any refunds due to the d�vefa�ar on any facil�ties construct�d under #his
, agreement until a11 pro�isions of the agreement are fulfilied.
G. PERFDRNfANC� �ND PAYMENT G�ARANTEES
1. For Str�et, Starm Drain. Street Liaht and Street Name Sic}n
Imt�rovements to be Constructed bv the Developer or Citv vn Behaff of
the De�elor�er:
Performa�ce and Payment bonds or cash ciepasits acceptable to the City
are required to. be furnished by the developer for the instalfatEon af
streets, storm drains, s�reet lights, and street name signs, on a�o�-
assessment basis, and must be #urnished ta the City prior t� executian
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of this contract. The performar�ce and payment bonds shall be in the
amount af one hundreci percent {100%} of the dev�ioper's est+mated
share of th� cost of the streets, storm c�rains, street fights, and street
name signs. If the deposit is in the form of cash, ti�� deposit sY�all be in
th� amount of one huridred twenty five percent �125°�'0) of the
developer's estimat�d cost of the streets, storm drair�s, street lights,
street r�ame signs, and change orders iduring the course af the project?.
2. Far Future tmt�ro�ement:
Perfo�mance ar�d payment bonds ar cash deposits, acceptable to the
City are required to be furnished by the de�eloper for one hun�red
percent (�00%} af the dev�laper's estimated cost resulting from. the
Qaving, drainage, lighting and name si�nag� of bord�r str���s an ��n
assessment paving basis. {Reference Sectian VI, Item 3, De�elapment
Procedures Manual.? Said performance and payment boncis or cash
d�posits must be furnished to the City prior to execution of this
contract.
Where th� City lets �he contract, performanc� and payment bonds shall
be deposited, in the amaunt of o�e hundred percent (100%) of the
estimat�d cast of construction as stated in the co�struction cant�act, is
required prior to issuance of a wark order by the City.
3. For Water and Sanitary Sewer �acilities;
Perfo�mance and payment bonds, ar cash deposits, acceptable to the
City are required to be furnished by the developer for t�e installation of
wat�r and sanitary sew�r fiacifities.
a. Wnere the dev�lopar lets the construction co�tract #or water and
sanitary sewer facifities, performance and payment bonds sha11 be
d�posited, in the amount of one hundred percent �100%} of the
estimated cast af construction, cash deposited shall be in the
amount of ane hund�ed twenty-five percent (125%), as stated in
the co�struction contract, is �equired to be furnished simultanaous
. with execution of t�e constf�ction cor►tract.
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b. Where tt�e City iets the cantract, perforrnance and payment bonds
shalf be deposited, in the arnaunt o� one hundred percer�t � 104%)
of the estimat�d cost of canstrUctian as stated in the construction
contract, is required prior to iss�ance of a work flrder by the City.
4. Tvt�es of Guarar�tees;
a. Performance and Pavment Bonds.; Are required for the
constr�ction of streets, starm drains, stre�t ligt�ts, and street
name signs, the �following terms and conditions shall apply:
�1) The bands wiil be standard performa�ce and �ayment bonds
provic4ed by a iicensed surety company Qn forms furnished
by that surety ear«par�y,
(2y The bonds will t�e sut�ject tn the review a�d approval by the
City Attorney.
{31 The per#ormanee bor�d shalf be payable ta the City and shal!
guarantee performar�ce of the street, storm drain, street
light, ar�c� str�et name sign construction cantemplated under
this cantract.
, (�? T�e Payment Bond sh�ll guaran�es payment for a{I (abor,
materi�ls and equipm�nt furnished in connection with the
street, storrrt drain, street I+ght, and street name sign
constructian Gontempiated urtder this contract.
�5) !n order far a surefy company to be aecepta�fe, tF�e name of
the s+�rety s3�a11 be included on th� current 11.S. Treasury list
af acceptable sureties, and the amount of bond writfien by
any one acceptalole company s�a{l nat exceed the amount
show� on the Treasury list far that cornpany.
b. Cash Deoosits: A cash depasit sf�all be acceptable wit�
verification that an attempt to sec�re a bond has been denied,
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sUch deposit shall be mad� in the Treasury of the City o# Fort
Warth. The City of Fort VVorth wi!! not pay interest on any such
cash cfepasit.
t7 ? At such time t�►at the contract is bid for prajects other than
as��ssmer�t }�rojects, the cash depasit shakl be adjusted to
one hundred twenty five percent (125°k) of the aetual bid
price. No cantract shal! be awarded and no work arder shail
be issued until such adjustment is made.
SZ} When a cash deposit is mad�, the additional twenty-five
percent (25%? beyond the one hundred percent (100%} c�f
t�e estimated de�eloper's share represents additia�al funds
for chanc�e orders d�ring the caurse of ��� pros�c�. � This
twenty five percent (25%i sha11 be considered t�e
d�vefoper's change afder fund.
(3) Ifi the developer malces a cas� deposit with the City, the
de�eloper may malce timely withdrawals frorn ti�e cash
funds i� order to pay the cantractor andlor subcantractor
based on amour�t of construct�on wark e�mpfeted as
a�aproved and verified by th� City Engineer ar authorizsd
representative, �or pro�ects whose actual total contract
cost is 5400,000 oE greater, such re{easR of security shali
egual the �ercentat�e of work completed for tt�at period
multiplied by ninety-five parcent �95%). This perce�tage
shal{ be a,pplied to the actu�l current total eo�traot cost to
determine the amaunt that may be r�duced uPon request af
develaper, For prajects whase actua{ total contract cast is
less than �4QO,Q00, suci� release of security sha11 ec�ual the
perc�ntage af work cam�lated far that periad multiplied by
ninety percent (90°fo). This percentage shail then be applied
to the actual current total cantract cosfi to determin� the
amount �f security that may be reduced u�on request of
devefoper. The remaining sacurity, five percent t5%) fo�
projects af 54�0,00(3 or greater and ten perc�nt �10%} for
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projects iess than $4a0,OC1Q together wiCh the remaining
funds from the De�e{oper's Cha�ge Order Fund, if any, wilf
be reieased to the developer after the project i�as been
accepted by the City. Partial refease af funds shall be limited
to once p�r month. There shall be no partial re{ease tif funds
for projects of less than $25,004. Proaf that the deveiv��r
has paid �th� contrac�or sha11 be required for panial releases.
5. Quraase, Term and Re�ewa! of Guarantees:
a, Performar�ce and payment bands, and cash deposits furnished
, hereunder sha11 be for tF�e pUrposes af c�uaranteesng satisfactory
com�liance by the devefaper wit� all requirements, terms , and
conditions afi tnis �;gr��n-;�nt, i:�c',uc,ir;�, b�L n�t l:mited to, the
satisfactory com�fetion of the improvements prescribed herein,
and the making vf payments to �ny person, firm, corporatior� nr
oti�er enti,y tivith ���ho,rn t;�Q d2V6I0�E� has a direct contractuaf
relationship for the performance of work hereunder.
b. De�eloper shall keep said pe�farmance and �ayment 6onds, andfor
cash deposits in fuli torce and effiect until such time as devaloper
has • fulfy compfisd with the terms and conditians o� this
agreemer�t, aritf failure to ke�p same in force and effect shall
cflns#itute a defau{t and breach of this agreement.
H, The City sF�all assume its share of the cost of the improvements ca�ered by
this agreeme�C alnng with the enginearing fee only if funds are available �or
such participation. 1n the event that na funds are availabte for City
participation, t�e de�elo�aer sha{{ award the contract and de�osit with the City
a perfarmance and payment bonds or cash far 1 �0 percent of the estima�ed
total construction cost af the impravements [�1us ten percent (10°r'o1 for
engineerin.g and misce{laneaus costs i� the City prepares the Qlans].
1. On all facilities in�iucied in �this agreemer�t far which the de�elo�er awards its
ow� construction contract, the d�veloper agrees tQ fo{low ti�e following
procedures:
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1. If the City participates in the cost of the facilitias, tf�e construction
cont�act must be acivertised, bid anc� awarded in accordanc� with 5tate
statutes prescribing the requirements for the letti�g of cantracts far t�e
construction of public worl�. This includes advertising in a local
newspaper at l�ast twice in one or more newspapers o# ge�eral
circulation in the county o� counties in which the wc�rk is to be
performed. The second pu�licatian must b� on or befare the tent�
(10thy day before the first date bids may be subrnitted. The bids must
be o�ened by an afficer or em�loyee af the City at or in an affice of the
c;ty.
2. Ta �mploy a construction contractar, who is a��ro��d by the Director of
the Department having juriscliciion aysr ti�e facility to be so constructed,
said contractor to m��t City'� re;�air����nts fa� b��-�� ins��aU, 1ic�r�sed
and bonded �a do work �n public right of way.
3. To require the contractar t� fiurnish to the City payment, perfarmance
and maintenance bands in #he names of tf�e City and the de�e�oper far
one hund�ed percent {140%) af the contract price of t�e facility, said
bands ta k�e furnished �+efore work is commence. Developer furthe�
shall require the contractor ta provide public li��ility insurance in the
amounts required by the City's speeifiications covering that particular.
work,
�� 4. To give 48 hours notice ta the department having jurisdictiori of intent
to comrnence construction of the facility so that Ci�ty ins�ection
�ersonnel wily be available; and tn req�ire the cQntractar to allow the
construction to be subject to inspectic�n at any and a11 times by City
inspection forces, and nat to instali any }�a�ing, sanitary sewer, storm
drain, ar water pi�e 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. Ta secure approval by the Direc'tor af the ❑��artment having jurisdiction
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of any and all pariial and final payments to the contractor. 5aid
app�oval shall be subject to and in accardance with requirements of this
agreement, and is nat to constitute approval of the quantities of whici�
payment is based.
6, To delay connections ofi buildings to service lines of sewer and water
mains eanstructed under this contract unti! said sewer and water mains
and ser�ice lines have been completed ta the satisfactian o# fi�e Water
Department.
7. It is expressiy understaod by and between t�e c�evelaper anc4 the City of
Fort Worth, that in the e�er�t ti�e developer efects to awarc{ one single
construction contract for storm drainage and pavement, said c�ntrac�t
shall be separa#ed in the bic�ding and City �articipation, if any, stta!! be
limited ta the lowest possible combination of bids as if each of the
a�ove were awarded as separate eantracts,
J. A�yt�ing to the contrary herein r�otwithstanding, for anci in consideration af
#ha promises and the cove�ants herein made by the City, the deveiap�r
cover�ants an�i agrees as fofiows:
1. The cfevelope� shall make separate elections wit� regard to watsr ar�dlor
sanitary sew�r facilities, storni drainage, street improvements and st�eet
iights �s to wheth�r thz work prescribe� herein sha11 be performed
by the City, or by its contractor, or by the c�evelaper, t�rough its
co�tractar. Each separate election sl�alf b� made �n writing and
deliv�red to C+ty na later than six (6) months prior to the expiration of
this agreement. {fl the event any� of such separate electians has not
fa�e� made and delivered to City �y such date, it shafl be canclusi�ely
presumed t�at the developer has elected tha:C such work be performed
by t�e City in accordance with a1! af tf�e fierms af this agreement, and in
particular Paragraph V-F hereof. -
2. Irrespecti�e of any such election and whet�er the worlc is ta be
performed by the City, or by its contractor or by ti�e developer through
its contractor, the developer co�enants and agrees to cieliver to the City
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a perfarmance and �ayment guarantee in accordance with the prov�sians
of Paragraph V-F af this ag�eement.
3. !n additior� to the guarantee required in the preceding paragraph, in the
evant deveioper elects that the work be performed by the City, or by the
City's cantractor, ar such election is presumed as provided above, the
devel�per covenanis and agrees to pay to the City the d�veioper's share
of the estirnatecf construction casts, The amount of such estimated
payment shall be camputed as set out on the Summary of Cost hereof,
based upan the lowest responsive bid for such work, as determined 6y
City, or upon a cost estimated ta be performeci by City forces prepared
by the City; as apprapriate, and shall be subject �to adjustme�t to actua!
costs upon final completion of the subject work. Such estimated
payment shall ba made p;amptly u��,� dem�nd �y City, i� b�ing
understoad that such payment will be made after th� receipt af bicls for
work, but in e�e�y case prior to the award of any construction ca�tract,
unless atherwise speci�ically set out herein,
4. Developer further covenants a�d agrees to, and by these presents does
hereby fully indemnify, hald harmless and c�efend the City, its officers,
agents and employees from and against �ny an� all ciaims, suits or
causes afi action of any nature whatsoever, whether real or
asserLed, brouc�ht far or on account of ar�y injuries or damag�s to
perso�s or property, including c{eath, resulting from, or in any way
con�ected with, this agre�ment, or the construction of the
impra�ements or facilities described hersin, whether or not caused, in
whole or in ❑art, bv the neAliqenca af officers, aqents, or emp�oYees, of
the Citv. In addition, ti�e developer covenants ta indemn�fy, hold
harmless and defend �he City, its QfFicers, agents and empioyees f�om
and aga�nst all elaims, suits, or causes or action of any nature
whatsoever braught for, or on account of any injuries or damages ta
p�rsons or property, incluciing death, resui�ting from any failure to
properly safeguard the worl� or an account of any act, intentional or
otherwise, negleci or miseonduct of the developer, ifis cant�actars,
su�contractors, agents ar emplvyees, w�ether or not
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caused, in whol� or in nar#, b� the r�eqiiaence of officers, aqents, or
emplar�ees of the Citv.
5. Deve{oper cov�nants and agrees that it discriminates against no
individual involving employment as prohibited k�y the terms of Ordinance
No. 7Z78 tas amended by Qrdinance fiVo, 7400j, an ordinance prohibiting
discriminatian in empioyment practice because af race, creed, eolor,
relic�ion, nati�naf origir� Sexcept for iiiegal aliens�, sex or age, unless sex or
age is a banafide occupational qualification, subcontractar or
ernplayment agency, either furnishing or referring applicants ta such
develaper, nar any agent of de�elaper is discriminating against any
individual invalving �mplayment as prohibited by the t�rms of such
�rdinance No, 7278 jas ame�d�d by Ordinance Nfl. 74Q0). ,
K. Venus of any actian brought �ereunder shali be in Fort Worth, Tarrant County,
�exas.
t�. The City's Pa{icy for fihe Installatiar� of Community Facilities, as adapted by the
City Cou�cil an September 1992, is l�eret�y incorporated herein by reference,
and De�elaper cov�na�ts and agrees to comply with said Policy as a conditi�►n
of t�is contract and as a conditia� to the platting af the subject property.
M. The following �escriptions of wark apply, as appropriat�, t❑ t�e areas included
in the Community Facilities Agreement;
� . STREETS
Streets as shown in Exhibit B will be in accorda�ce witi� plans and
specificatians prepared by the Owner's engineer� and approved by t�e
Director of Engir�eering.
2, STORM DRAINAGE
Storrn drain as shown in Exhibit B— 1 wil! be in accordanc� with plans and
specificat�ons prepared by ihe Owner's enginee� and approved by the
Director of Engir��ering,
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3. STREET LIGHTING
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a. The Devefop�r shall provide for the ir�stallatinn of streetiights by the City
forces at the a��roximate locatians shdwn in Exhi�it C, immediately
aft�r final acceptance of the stre�t co�struction, in accordance with
enginee�ing plans and spe�ifications appraved by the Transportation and
Pubiic Works Department.
b. Straetlights on residentiai anc� 1 or colle�tor streets can be installed using
overhead ar underground conductors w�th t�e ap�roval of the streetligY�t
�ngin�er. .
c. Streetlights on arteria! streets sha11 be instailed w9th underground cond�it
�nd conducto�s.
d. T�� Developer shalf p�ovide fo� the installation of a 1'/d inch schedule �0
PVC conduit at ti�e depth not less than 30 inct�es and at least 18 i�ch
behir+d the curb, "clear from all oth2r uti�ities°.
e. Th� Dev�lo�er shall pravide for the inskallation of a 1'/4 inch schedu{e 40
PVC cor�duik between streeilights pro�osed for instaklation a�d the power
source to become operational.
f. A 3 inch sc�edule 80 PVC cnr�duit is required when crassing streets at
depth noi less than 30 inches, unless in�icated otherwise on the plans,
Concrete pufl b�xes shall be �rovided at the crossing paints.
g. Luminai�e ballast shall be �ated for multitap op��ation and each luminaire
sha11 have �t's owr� p�atacell.
� 4. TRAFFIC CONTROL DEVICES
a. The Developer ag�ees ta pay for the street name sign installations requir�d
by thks development ta the exter�t of �a80.00 p�r ins�sctio�. This unit cast
will be revised a�nually by the De�artment of Transportation and Public
Works to re�lect pr�vail�ng costs of materials and la�or.
b. This development creates the following number i�tersections at a total cost
as shown to ihe Developer.
c. T1�e Developer may eithar deposit cash funds with the City equal to the
following amount at the time of Comm�nity Facilities Agreement ap�raval
or wait until the street name signs are to be insta{led. !f tt�e Developer
elects to wait, the cost af sireet name signs will be at th� rate
prevailing when the Develaper deposits funds with the City.
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d. The City will install the street name signs upon final approvai of the street
construction. The streef name signs will remain the property of, and will be
maintained by, the City.
6. OTHER W4FiKS
In the event that ather worlcs is required it will be �ncluded as specific
requirements to Community Facilit+es Agreement.
N. Devefaper. and C+ty agree that this Agreement represents the cvm�lete and
exclusive statemer�t of the mutual understandings of. the �arti�s anci �hat this
Agreement supersedes and cancels and previous wri�ten and oral agreements
and cammunications related to the sui�ject matier of this Agresment.
IN T�STIM�NY 'WHER���, the C��y of Fort Worth has caused this instrument to be
executed in quadruplicate in its narne and an its behalf by its Ci�y Manager,
attested by its City Secretary, with the corporate seal of tt�e City afifixed, and said
Develo er has executed this instrumer�t in quadruplicate, at Fort Worth, Texas this
the i�--,�ciay ofi �► �.E , �0 �•
�
APPROVED A5 TO FORM AND
LEGALITY:
� �
Gary ,, Steinberger
Assistant City Attomey
ATTEST:
� � �. _� _�.�
� �%-,.��,,�� .��.�.�►r
loria Pear�on '
City Secretary
. _C ����I`tr�
Cont�a�t Ruthoriza�ian
_ .,, � �-t� �.� ,,� `' --�.
riate
�
RECOMMEND�D:
- ���� �i+n�°'�irec�ar
%, Trans�ortion a�d PubEic
Worlcs Department
C1TY OF FORT WQ�iTH, jfEXAS
By: d�i�-
As i�v �� . .
tant City Manager
A-12
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Garden Springs, L.P.
By: Lindenshire, Inc.
Its general parEner
By: ;��1 . �.Q �- �
Chris Price, Vice President
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LEGEND
PROP. 29' B-B ROA�WAY
�::::��is:i�;;�:�� 5U` ROW
■ � LIMITS OF PROJECT
� GARDEN SPRINGS
-- PHASE N
64 LOTS PAGE 4 OF 6
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{�UAFt�IVY��INC ��Rf�Ok�I�YARlC�
�►fdD ��►YI4��IVT OF IIVi�Ft01!'�I��IV��
Bond No. CB 53466
KNOW ALL MEN BY THESE PRESENTS, that we, Gar�er� Sprinas, L. P..
35�0 Oak Lawn Ste. 590, LB 49 Dallas, TX 75219 , as Principal, and
National American Insurance Companv. 10�0 Manvel Avenue, Chandler, QK
74834 , a cor�orafion organized and exisfing under the laws of the S#ate of
4klahoma , and fully autho�ized to transact business in the State of Texas, as
surety, are �eld and frmly baund un�o CITY OF FORT WORTH, TEXAS, 1000
Throckmorton Street, Fort Worth, Texas, 76102, as Obiigee, in �he penal sum of
Five Hundred For�v-Fo�r Thousand, Nine Hundred Si��en and 501100 --
Dollars, ($544.916.501 lawful money af th� Unifed S#ates of America, for tl�e
payment of which well and truly to �e made, we �ir�d oursel�es, our heirs,
executars, administrafiors, successors and assigns, jointly and severally, #irmly by
these presents.
WHEAREAS, Garden Sprinas, L. P. has agreed #o construct in Garden
Sprinps Addiiion. Phase IV, in �he C�TY OF FORT WORTH, TEXAS the following
improvements
Water, SanitarV Sewer, Starm Dra�n anci Street Impro�ements �o serve Garden
Sprinas Addifiion, Phase fV. Water Proiecf No. P961-030161151300. 5ewer
Proiect Na P171-03D�71'[31310. Streef and 5torm Drain File No. W�1150 and
DOE 3690
1
1
WHEREAS, in the e�er�t of bankruptcy, default or othe� nor�performance
by Principal, claims against Principal or th� development, Obligee may be left
without adequate satisfactian.
N01N, THEREFORE, THE CONDITION OF THIS �BLIGATION IS SUCH,
that if the said Principai shall construct, or ha�e constructed, the impravements
herein described, and shal[ pay for �i�e cost o� all labar, materials and equipment
furnished in connection with the cons�ructian of said impro�emenfs, and shaN
save #he Obligee Y�armless from any Eoss, cos# or damage by reason of its failure
to complete fhe construction of said improvements or by reason of ifis failure to
pay for the cost af same, then this obligation shal! be nulf and void, otherwise to
remain in full force an� effect; and �pan receipt of a resolution adopted by the
City Council of the Ci�y af Fort Worth Indicating fihat the constrvction o# said
improvements has not been completed, or that the costs for sam� have not been
paid, the Surety shall complete construction of said improvements, and wilf pay
al! casts for construction of said impravements, or will pay to the City af Fort
Worth to complete cor�strucfion of said impro��ments and ta pay for the costs of
same,
PROVIDED FURTHER, that this bond shall automaticaliy be increased by
the amounfi of any change order, supplemen�al agreement or am�ndmenfi which
increase the price o� fhe aforementioned contract.
PROVIDED FURTHER, that if any legal action be filed or� this bond, th�
laws of the State of Texas sf�all apply and tf�at Wenue shall Cie exclusivefy in
Tarrant County, Texas.
, , ,
��vi�����Vl���r ���IQ
�u��,�r��t�c. ���Fv�r�a�c�
�N� �AYi1�I�Ni OF 1�[��C�V�I��NTS
Bond No. - CB 53466
KN�VII AL� MEN BY THESE PRESENTS, thai we, Garde� Sprinqs, �. P.t
35C�Q Oak Lawn S'te. 59Q, LB 49 Qallas, TX 75219 , as Princi�af, and
�fa�ic�nal American Insurance Gampartv. 1010 Manv�l Avenue, �ha�dler, OK
74834 , a corporation organized and existing under the laws of the Sfiate of
Okfa�ama , and fu�ly au�horized to �ransact business in �he State of Texas, as
surety, are held and frmly boUnd unfa CITY O�' FORT WORTH, TEXAS, '[000
Throckmarton �treet, �art Warth, Texas, 76102, as Obligee, in the penal sum of
Five Hundred Forty-Four Thausand, Nir►e Hundred SE��en and 501100 --
Dal�ars, ($5�4,916.50} fawful money af the Unit�d States of America, for the
payment of which well and truiy to be made, we bind ourselves, o��- heirs, �
executors, adminis�ra#c�rs, successors and assigns, jointly ar�d se�erally, firmly by
fhese presents.
WH�AREAS, Garden 5�rinas. �, �P. has ,agreed ta construct in Garden
Sprinqs Adcfi�ion. Phas� !V, in the C[TY OF FQRT WORTH, TEXAS fhe foliowing
improvemenfs
Vllater, Sanitary Sew�r, Sfiorm Drain and Sfre�t Im�ravemen�s fo serve Garden
S�rinas Additian, Phase IV, Wa�er Proi�cf No. P16�-0301611593aa, Sewer
Proiect No. P17� -D30� 7� 1313 � p, S�re�fi an� Storm Drarn File No. W-1 � 50 and
DOE 3B9D
� ti
City of'�'o�� �a�th, T'exrxs
iVi�yor a�d Cour�ci[ C�mmu�n���tio�
DA7E REFERENGE NUMB�R LOG NAM� PAGE
7191D2 �d� �� �7 2QSPRINGS 1 of 2
suB.r�cT COMMUNITY FAGILITlES AGREEMENT WITH ��RaE�! �RI�V��, LTD. FOR THE
INSTALLATION OF C4MMUNITY FACILITIES FOR GARDEN SPRINGS, PHASE IV
RECOMMENDATI�N:
It is recommended that the Ciiy Council a�athoriz� the City Manager ta execute a Community Facilities
Agr�ement with Garden Springs, Ltd. for the installation of community facilities for Garden 5prings,
Phase IV.
DISCUSSI�N:
On December 19, 20d0, ihe City Council adapted a resolution authorizing the issuance of $45 million in
Certifcates of Qbligatian to ad�ress crit9cal capital projects which included $2.5 million ir� new
d��e[npment funds to suppl�ment the 1998 Capital Impro�ement Program new development funds.
Garden Springs, Ltd., th� d�velo�er of Garden Springs, Phase IV, has...executed a proposed contract
for community facilEt�es to serve a single-family deve[opment �64 lots} located in southwest Fort Worth,
soutt� of SW Loap 820, and west of IH35W (see the attached map),
The propos�d community facilities agreement is in campliance with City poficy. The development has
three 'tnteriar stree#s. The deveEoper's share for stre�t impro�ements is $233,523, plus $4,670 far
canstruction inspection fees. There is no Ci#y participation for interior pa�ing impravements.
The develaper's estimated cosi far starm drains is $103,9�7, plus $2,075 for construction insp�ction
fees. The City's participation for ��er-sized storm drai�s is $13,650, and $819 for engineering fees.
Six sireet [ights wil� be installed in this development. The devel�per will be responsibie for the
installat�an of underground canduit and pole bases for street lights at a cost af $3,Q00. The City's
par�icipation for the rnstallation of ail wiring ar�d street lighi fixiures is $9,OOQ. �
There will be four intersections where street signs will be installed at a cost tv the City of $400.
The developer's estimated cost for water and sewer is $224,460, plus $4,489 f�r construct�on inspectian
fees. The Water Department's participatian is $1,7�0.
The total project cost for this de�elapment is $601,70fi. The developer's participation is $576,137, and
the City's totai participation is $25,�69. �
PLAN COMM{SS14N APPROVAL - Or� April 27, 1994, the Plan C�mmissivn approved Preliminary Plat
No. PP94-OQ8. The final plat has been submitted to City staff for re�iew.
This development is lacated in CQUNCIL DlSTRiCT 6.
Ci�y o, f'Fo�t Wo�ihs T'exas
i�9�yor ��nd �our�ci[ Gor�m�,�ic�t�o�
OATE REFERENCE NUMBER LOG NAME PAGE
719102 ���9��'� I 20SPRINGS 2 af 2
sua�ECT COMMIJNITY FACILITEES AGREEMENT WITH GARDEN SPRINGS, LTD. FOR THE
INSTALLATION O� C�MMUNITY FAC1LfTIES FOR GARDEN SPRINGS, PHASE IV
FISCAL INFORMATI�NICERTIFICATfQN:
The Finance Director certiTies that f�nds are available in the current capEtal budget, as appropriated, af
tF�e 5ewer Gapital Projects Fund and the Critical PrQjects Fund of the $45M Certificat�s of Obligation
program.
MO:k
Submift�ri Tor City Manager's
Of�ce by:
Marc ptt b 122
Originsting Dcpartment Head:
G. BehmanesE� {Acting)
Addifional Infarmatiun Contact:
7801
G. Bchmanesh (Acting) 7801
, FUND I ACC�UNT � C�NTER
� (to)
�
�
I {from)
P171
C116
� C116
I C116
� C116
AMOUNT
539140 074171131310 $ 1,7QQ.00
541200 020116136366 $93,650.00
531200 'U2Q116136366 $ 819.04
541200 02�918136841 $ 9,OOO.QQ
541200 0201161368Q2 $ 400.00
CITY SECRETARY
APFROVLD 071Q9/02