HomeMy WebLinkAboutContract 27233r �
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THE STATE OF TEXAS §
COUNTY OF TARRANT §
City Secretary
Contract No.
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VIIHEREAS, RH of Texas, Limited Partnership, hereinafter called "Developer",
desires to make cer�a�n improvements to Norkh Beach Street from Shiver Road to
Heritage Glen Dri�e, an addition to the City of Far� IlVarth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant and Denton Counties, iexas, hereinafter called "City", to da
certain work in connection with said improvements;
NOW, THEREFORE, KN�W ALL BY THESE PRESENTS:
That said Developer, acting herein by and through Fred Phillips, its du[y
aufihorized General Partner, and t�e City, acting herein by and through Mike Groomer,
its duly au#horized Assistant City Manager, for and in consideration af the covenants
and conditions cor�tained herein, do hereby agree as follaws:
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C�M[�YL�NI�Y ���ILIiI�S �CREE[�I�iV�
�o ir�stali
ST���i, �TOfZfV� �F�AIAl, �`��t��� �IGb� �N� S��EEi NAfVi1� Sl{�hl
IM�ROIl�fM��P�iS �OR
A. The De��Eop�r{s} agree to install or to cause to F�ave installed, the street, storm
drainage, street lighting, street name sign and other community facilities
improvements shown as "current improvements" on the attached Exhibits A. �,
�.N� C.
B. The Deveioper agrees to comply with all city accepted prac�ic�s, ordinances,
regulatians, as we11 as provisions of th� City Charter, the Ci�y Subdivision
Ordinance, City Design Stanc�ards and the current Policy �or lnstallation of
Community Fac�lities in the design, con#racting and installatran vf require� "current
impro�rements".
C. The Developer agrees to com�ly with the General Requirements contained herein
(Attachment A).
D. As shown on the attached "Summary of Cast", fhe Developer agrees to fund his
share of "current improvements" and to pay the City for his share of the cost of
street, storm drainage, streefi [ighting, s#reet name signs as shown on the attached
Exhibits �, �, and .
E. Payment is dUe at the time #his agreement is executed by the City and the
Developer.
F. The estimated total cost of current improvements and relat�d support services
specified in this agreemenfi, incltading design, construction an� inspec�ion is
estimated to $�9�.891.
I� accordance with the City's current Policy for Installation of Community Facilities
a� shown in the Cost Summary on page 3.
The Develaper s�all contribute Dollars ����,936. of the tofal amaunt.
The Gity shall cantribute �olfars $�0,300 (i�!!V); and �3�9,6��_[�.�CSi.
G. De�efoper agrees to provide, at h9s expense, all necessary rigl�ts of way and
easements required to construct current and future improveme�ts provided for in this
agreement.
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H. De�eloper agrees to
#he preliminary plans
this contract.
relieve the City of any responsi�ilities for any inadequacies in
, specifications and cost estimates sup�li�d for the purpose of
Developer aiso agrees to �nstail or adjust all of the required utilities ta serve the
development or to canstruct the improvements required h�rein.
J. Developer agrees that r�o street cor�struction or storm drainage will begin prior to
City Council approval of this Community Faci[ities agreeme�t. (Article 104.1 Q0,
Ordinance 7234).
K. Develo�er agrees tf�at no lot shall be occupied uniil improvements required herein
have been eons�ructed (Article 104.100, Ordi�ance 7234).
L. Developer agrees to comp�ete #he im�rovements covered �y this agreement within
90 calendar days after ha�ing been instructed to do so, in writing, by the Dir�ctor o�
Transportation and Public works. It is �anderstood that the c{ev�loper will initiafie the
cortstr�ction of all [mprovements to con'�orm wi�h his awn schedule, except far those
improvements which the Transportation and Public Wor�Cs Director deems necessary
for the prope� and orderEy de�elo�ment o� ��� area. In the event De�eloper fails to
carry oUt any s�c� instructions within the 90-day period, the Developer gives tf�e City
the rignt to design and awar� a contract, and inspect �he improvem�nts in question,
and agrees to pay to fhe City prior to the award of th� contract, the amount o'F the
Iaw bid.
M. City participaiion in "currenf impro�ements"' shall not exceed 125% of cost shown in
Summary of Cast.
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ltem �eveloper � � �Ci�y.�os� %�al �ost
COsf TPW RACS
A. Canstructian �
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1. 5treeks $ 151,754.a0 $ - $ 185,780.00 $ 337,534.D�
2. Storm Drainag� $ 51,419.00 $ - $ 62,84B.OQ $ 914,265.00
3. Street Ligf�ts $ 10,700.00 $ 20,100.00� $ - $ 3d,$00.00
4. 5treet Name Signs $ - $ 2fl0.DQ` $ - $ 200.00
B. Engineering ❑esign $ - $ - $ 15,822.00� $ 'f5,822.00
C. Construction Engineering $ - $ 13,561.0 $ 13,561.00
and Managemeni by DO� (2%) $ 4,063.0� ("') $ 81,646.p ,$ 85,709.00
TOTALS I$ 217,938.00 I$ 2D,300.00��I $ 359,655.Ofl I$ 597,89'f .00
NO TES:
1. All Prefiminary Plats filed after July 11, 2000 will require sidewalks on all streets,
Forty-two (42} feet and wider skreet inclUde sidewalk cost.
2. Construciion items (1-2) cosi includes 10°/a contingencies for Developer and City.
3. Developer's column for Item C represents #wa �ercent (2%) costs for canstruction
inspection and materials testing.
(*} Represe�ts C9ty participation for canstructian fees.
4. City not preparing plans and specifications.
CFA CO�E: 2013� 3
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E. STREET i,iGHTS:
1. STREET LIGHT COST ES'i'IMATE
INTERSECTIONS
MTD-BLOCK RESIn�NTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID--BLOCI4 COLLECTOR
N1ID-�3��CK ART-EIiIAL PARKV�IAY
MID-BLOCK ARTERTAL MEDIAN
RELOCATE EXTSTING LIGHT
0 EA $ 1500
Subtotal
ca.ty' s cos�.
Developer's Subtotal
10o Con�ingencies
Project Total
Adjacent Developer's �ost
Developer's Cost
2°s Tnspection Fee
Dev�loper's Responsibility See PG
iII-1 , "Lir1e $"
NORTRH B�ACH & SHRIVER Ri3
June 11, 2001
Fort Wo��h, Texas
QUANT2TY UNIT COST
2 EA $ 2, OOO
0 EA � 2, 000
0 EA $ 2,000
0 EA $ 2,000
9 EA $ 2,800
o �a � 2, Zoa
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TOTAL COST
$5,600.00
$O,OD0.40
$0,000.00
s--�a--
$25,200.D0
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$�o,sao.ao
$20,1OD.00
$10,700.QQ
$Q,DOD.D�
$30.800.00
$ --0--
$000.04
$000.00
June 12, 2001
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2. STREET �TGH�S WQRK DESCRIPTION:
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1. The Developer shal� provide for the installa�ion of stree�lights at
�he approxima�e Iocations shown in Exhibit "C", immediately a��ex
final accept�nce o� the str��t canstruetion, in accordance with
engineering plans and speciiications appraved by the Transportation
and Public Works Depar�ment.
2. S�reetliqhts on residentia� and /or co�lector streets ca� be
znstalled using overhead or underground conductors with the approval
of the Director of �ransportation and Public Works.
3. 5tree�lights on arte�ial stre�ts shall be ins�a�led with underground
conduit and eonductors.
9. The Develope� shall provide for the installatian of a 2-inch
schedule 40 PVC canduit at a dep�h not le�s �.han 3Q inches and at
least 18-inch b�hind the curb, "clear from all other u�.a.l�.ties".
5. The Deve].oper shall provide for the installatian af a 2-inch
scnedule 40 P�C condui�. between streetlights propos�d �or
installation and the powex saurce to become opera�ional.
6. A 3-inch schedule 80 PVC conduit is required when crossing s�reets
at a clepth not l�ss than 3Q inches, unl�ss indicat�d a�herwise on
the plans concrete pull i3oxes sha11 be provided at the crossinq
poinis.
7. The dev�loper shall pay a four p�rcent (90} fee of the eonstruction
cost for constructinn engineering and inspection af the street light
installation.
8. S�reet light aonduit and faotings sha�l be install�d by the
develaper's contrae'tor as part of and at the time of stree�
construction. Th� city will obtain e7.ectric service and complete the
straet ].igh� construc�ion in acaardance with approvad plans.
9.'�he developer o.� thei,r con�ractar shail contact City' s str�et� .liqht
division 48 hours prior to star�.�ng any installation o� condui�
and/or s�.reetlights at (817) 871-8100 to insure propex inspection of
work.
10.The procedure fo� insta7.ling conduit and foa�ings wil� b� with th�
inspector on the job si�e or you can request a capy by calling 817-
871-6596.
NOFtTS BEACH & SHI7IVER RI), JUNE 11�2D01
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"STREET I,IGHTS�'
SN�'ERSECTIOINS
NORTH BEACH ST & SHRIVER RD------ 1
NORTH BEACH ST & PREST�GE DR---- 1
MIDBx.aCK ARTERIAL
2�TOIR�'H BEACH ST---____�___.�_____ g
NOR'i`H BEACH ST & SHRTVER RD
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STREET NAM� SIGNS
1. The Ci�y will install the s�reet name signs upon final appxoval
of �he str�et constru.c�ion. The street name signs wi11 remain
the prapexty of, and will be maintained by, the Ca.�y.
2. The City wi11 pay far th� street name �zgn instal.l.ations required
for this development to �he extent o� �140.00 per intex�ec�ion.
This unit cost will be revised annually by the Depax�ment o�
Transpartation and Publie Works to ret�.ect pr�vai.ling costs af
matexials and labor.
3. This developmen� creates the following two (2} intersections at a
cost �o the City of $200.00:.
Noz�h �each St�'eet and Heritage Glen Drive
North Beach Str�et and Pr�stige Drive
NORTH B�ACH SI'REET
SHIVER - HE122TAGE GLEN
Fort Worth, Texas
3uly 9, 2001,
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k'AVING FACILITTES ATTRIBUTABLE
TO PARK DE�'EL4PMENT
A. Linear foot c�arges of park paving a�reed upon between the City and
the Developer, including design, engineering, administration a.nd
inspection contingencies aitributable to the Parks and Community
Sezvices Department at an estitnatecl cast of �207,735.62
B. The City's share ofpark paving costs to the praposed park will be due
and payable to the develope� upan:
1. Cornpletion paving and associated construction and gradin.g of North
Beach far the frontage related to �ar North Cainmunity Park.
Recommended,
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Richard Zavala, Directo
jParks and Community Services Departm�nt
p:4NORTN 9EACHAIipENQUMsew06-13•OL6oe
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ENGINEERING AND SURVEYING
ATTR�BUTABLE T� PARK DEPARTMENT
A. Engineering and Surveying Fees agreed upon between the City and the
Developer, incluc�ing design., engineering, admitustration and inspection
contingencies attributable to the Parks and Cornmunity Services
Department at an esiimated cost of $81,646.41.
Payable �ipon completion of constiliction.
Recommended
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Richard Zavala, Directa
Parics and Communiiy Services Department
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q�SNORTH HEAC4[ A��ENlll3irl S�w Ufi-I]-Ul.�o�
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STORM DRAINAGE �ACILITI�S ATTRIBUTABLE
TO PARK DE'VELOPNIENT
A, Linear foot charges of storm drainage extensions and improvements,
including design�, engi�eering, adrninistration and inspection
contingencies attributable to the Parks and Community Services
Department at an estimated cost of $'�0,272.98
B. 'T'he City's share afpark stornn drainage costs to t�ie proposed park will
be due and payable ta the developer upon:
1. Co�l�pletion of storm drainage ianprovements, restoration of turf and
vegetation on tl�e disturbed azeas due to the associated constrtzction and
grading.
Recommended,
Richard Zavala, Di �ctor
Parks and Commu�ity Servic�s Departmerat
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A:V70Rt'H BBACHP,DOENbUM sew 06-i]-Ul.dqc
Est�mated Roac] Fro�tage (PAC�D participation}
Linear �eet af Raad Frantage alan� Parlc Property.
Cor�struction Engineering b'�/o
Design �ngineering 7%
Contingency l0%
Sub#ota� Road Frnn#a�c
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$i b8,$90.75
$158,890.i�
$10,133.45
$I1,822.35
$ lb,$ $4.fl3
�stimated PACSD Cost ior the praposed Road �d��c�nt to Ne'sgh�sarhnad Park �����`���,5�
Estinn�t�c� 5#�r�n Draina�e Costs (PAC�� partic�pation)
�;�rr:� I7rainag�
Constructio� En�ineerin� 6%
Design �ngineerin; 7%
Co�tingency la%
5ubto#al Storm Draina�e
Estivaated Storm Drainage extcnsion costs (PACS� particigatlon)
Estim�.ted Engin�eriQg and S�rvey Costs {�'ACSD par#icip�t�a�)
Engineering and 5urveying
Insp�ction 2°/a
Desion Engineering'1%
Contingency 10%
; �i,l??.50
�57,i3�.50
$3,427.95
�3,999.28
�5,713.25
�7�,27�.98
�68,fl00
$1,700
$�,919.1 I
��,az�.�o
Estimated Engineering/ Surveying/Constraction Ca�tingency (PACSD participatian) �$1,546.41.
�Total Estirnateci Cost for Park participatio� ^^ _ _�359,�5�.U�
PEease note "**City's participation dae to facilities constrtrcted adjacent to City Parks." Should read:
'�otal estimated casts for PACSD participation in #his CFA are $359,6�5.UD
Fvnds wi!! be available for the Narth Beach 5t�eet participation in:
C18I 541�00 084181U�fi�40 Narti► �each - FNCP $359,bSS.O�
PARI�S A1�D COA�II�U�IxTY �ERV�CES DEPARTI�1[E�iT
Planning and Rcsaurce lYlana�ement Diviston
The City of Fort Worth, 4200 SouEh Freeway, Suite 2200, Fort Warth Texas, 76115-�.499
(8l7)-871-PARK Fa�c($ly)-8'i1-5724
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ATYACHNi�NT A
GENERAL REQUIREIViEIVTS
A. lt is agreed and unc{erstood by the partiss hereto that the developer sfi�a[I
employ a ci�ii engineer, licensed to practice in the State of Texas, for the
design a�d preparation of pfans and specifications for the construction of ali
current improvements covered hy this contract, subject to F'aragraph B.
B. For any project estimated to cast less than $10,000 ar for any pro�ect
cfesigned to serve a singie lot ar tract, the de�eloper may. at his o�tion req�est
the City to provide the design engineering, and if such request is granted, the
developer shall pay to the City an amaunt equal to 10 percent of the final
canstruction cost o# such project far such engineering s�rvices.
C. ln the evsnt t�e develaper employs his own engineer to prepare plans and
specifications far any ar all eurrent improvements, the plans and specifications
so prepared shall be subject to approval by the department t�aving �urisdiction.
One �11 reproducible set of plans with 15 prints and 35 specifications fior each
facility shalf be �urnished th� ciepartment having }urisdiction. lt is agreed and
understood that in the event of any disagreement on fihE plans and
specifications, tF�e decision of the TranspartationlPublic Wor[cs Departrnent
Director, andlor Water Departm�nt Director wil! be final.
D.� It is further agreed and understood �y the parties hereto that upon acceptance
by the City, title to a1l facilities and improvements mentioned hereinabo�e shafl
b� vested at all times �n the City af Fort Worth, and developer hereby
relinquishes any right, title, or interest in and to said facilities ar any part
hereof.
�, lt is further agreed that the decisian of the City �o not collect funds far "future
im�rovernents" requiret� in previous CFA agreements daes not canstitute an
obligation on the part of the City to canstruct such "future improvements" at
its expense,
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F. Warl� hereunder shelf be compl�ted within two (2y yea�s from date hereof, an
it is urrderstoad that any o6ligatian on the part of the City to mak� any refunds
with res�ect to water andlor sanitary sewer facilities or street, starm drain,
street light and street narne sign shall cease upan the expiration of two (2j
years fram date h�reof, except for refunds due from "#ront font charges" on
water and sanitary sewer mains, which refun�s may continu� tQ be made for a
period of ten (1 �) years commencing an the date thafi appro�ch mains are
accepted by the Director. 1f kess tY►an 7�°/a of the eligiblB collections d�e to
the develap�r has 6een callected, the Developer may request in writing an
extensio� afi up to an additional 10 years for collection of frant charges. 1f the
constructian under the Community Facilities Contract shafl have started w�thin
tF�e two-year period, the life of the Community Facifities Contract shail be
extendeti for a� additional one-year perioti. Community �acility Contracts noi
completed within the time periods stated above will require re�ewal of �ha
contract with all updated agreemer�ts being in compliance with the policies in
effect at the time af sUch �ertewal. Developers mus# recognize that City funds
may not be availabfe to y�ay' a11 ar a portion c�f the normal City share for
renewal c�ntracts. It must �ae understood by ali parties to the Community
Faciiities Contract that any of the facilit�es or requirements inclucied in the
contract that are to be perfarmed by the develaper, but nat }�erformed by the
dev�loper within the time periods stated above, may be completed by the Gity
at the developer's expense. The City of �ort Warth shall r�ot be abligated to
make any refunds due to the devefa�aer on any facilities constructed under this
, agreement until all pro�isions af the agreement are fulfilleci.
G. P�RFORMANCE AND PAYMENT GUARANTE�S
1. For Street. Storm Drain, Street Liaht and Street Name Sic�n
lmprovements to be Constructed b� the De�eioc�er or G'itv on Behalf o#
the Developer:
Performance and Payment bonds or cash deposits acceptable to the City
are required to be furnished by the d�veloper for the installation of
streets, starm drains, street lights, and street name sic�ns, on a nor�-
assessment basis, and must be furnis�ed t� the City priar to execution
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of this cantra�t. The p�rfo�mance and payment bc�nds shall loe in the
amount af ane hundred percent (100°/a) of the developer's estimated
share af the cost of the streets, storm drains, street {ights, and s�reet
name signs. 1f t�e deposit is in the form of cash, the depasit shall be in
the amount of ane h�ndred twenty five pe�cent (125%) of tF�e
de�eloper's est�mated cost ofi the str�ets, storm drains, street {ights,
street nam� signs, and change orders f during the caurse of the projectj.
2. For Future lmc�ro�ement:
Performance and payment bands or cash deposits, acceptable to the
City are required to be furnished by the develaper for vns hundred
percent S10a°fo1 of the de�elaper's estimated cast resulting from the ,
paving, drainage, lighting and name signage tif 6order streets on ar�
assessment pa�ing basis. (Reference Section VI, Item 3, DeveEopmer�t
Pracedures Manual.} Said performance anci payment bonds or cash
de�osi#s must be furnished to the City �rior ta execution af this
contract.
Where the City lets the contract, performance and payment bonds sha11
be deposit�d, in the amour�t of one hundred percent (� 00%? of fhe
estimated cost af constructian as stated in the construction ca�tract, is
required prior tQ issuance ofi a work order by the City,
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3, For Water and Sanitary Sewer �aci�ities;
Perfflrmance ar�d payment bonds, ar cash depo5its, acceptabae #o the
City are required to be furnisned by the developer #�r the installation of
water and sanitary 5ewer facilities.
a. Where the developer lets the constructian contract for water an�
sanitary sewer fiacilities, performance and payment bonds shal! be
depositeci, in the amvunt of one hundred percent (100%) of the
estirnated cost of construction, cash deposited sha11 be in the
amaunt of ane huntfred twenty-five percent (125°/'0?, as stated in
the construction contract, is reqttired to 6e furnished simultaneaus
with execution of the construction contract,
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b. Wh�r� tne City lets the contract, perfarmance and payment bonds
sha!! be depasited, in the amount of one hundred percent (100%)
af the sstimated cast af constructian as stated in the constructian
contract, is required prior to issua�ce of a work arder by the City.
4. Tv�es of Gu�rantees;
a. Perfa�mance an� Pavment Bands.: Are required for the
consiruction of streets, storm drains, street lights, and street
name signs, the foilawing terms and conditions sF�all apply:
{1 j The bbnds vui11 be standard �erformance and payment bo�nds
pravided by a licensed surety campany on forms furnished
by that sur�ty company.
(2� The bonds will be subject to the review and appro�al by the
City Attor�ney.
i3} The pe�foTmance bond sha11 be payable to tF�e City and sha11
guaran�ee performanc� af the street, storm drain, strest
light, and st�eet name sign construction contemplated under
this contract. '
, (4) The Payment Bond shalf g�tarantee payment far al1 (a6or,
maferials and equipment �urnished in connectian w�th ths
street, storm drair�, street light, and street name sign
constructifln cor�templated under this contract.
(5j in order for a surety company to be acceptable, t�e name of
the surety shall be included Qn the current U.S. Treasury list
af acceptabte sureties, and the amaunt of �ond written by
any one acceptafole company sha11 r�ot exceed the amount
shown on the Treasury list for that company,
b, Cash De�aosits, A cash deposit shaf! be acceptable with
verification that an attempt to secure a f�ond has been denied,
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such deposit shall be made in the Treasury of the City of Fart
Worth. The C+ty of Fort Worth will not pay interest on any such
cash deposit,
t 1 y At such time that the contract is bid for projects other than
assessment prajects, tF�e cash deposit shall be adjusted ta
one hundred twenty five percent (125%) of the actual bid
price. No cantract shall be awarded and no work arder shall
be issued until suct� adjustment is mad�.
(2) When a cash deposit is made, the ac�ditianai twenty-five
pe�cent (25%} beyond the one hundreci percent �100°�0) af
the sstimated developer's share re�r�sents additional funds
fQ� change ord�rs during the course of the project. This
twer�ty fiv� percent �25%� shall be considered the
develaper's change order f�and.
(3) If the developer makes a cash de�osit with the City, t�e
developer may make timely withdrawafs from the cash
funds in 4rder to pay the contractor andlor subcontractor
based an amount of cor�structian work comple�ed as
approved and verified by the City Engineer ar authorized
representative. For projects whase actual total contract
cost is $400,000 or greater, such r�lease of security sf�ail
equal the percentage of work campleted far that p�riod
multiplied by ninety-five percen�t {95%). This percentage
shall be ap}alied ta the ac#ual curr�nt tota! contract cast to
determin� the amount that may be reduced upon request of
deve{4per. Far pro}ects whose actual total contract cost is
less than $400,000, such release of security sha11 aqual the
percentage of wark com�alated for that period mu{tiplied by
nir�ety percent t90%S. This percentage shalf t�en be applied
to the actual current total cont�act cost to determine the
amaunt of security that rnay be reciuced upon request o�
developer. The remaining security, five percent {5%) #or
pro�ects of $400,000 or greater and ten percent (14%j #or
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projects less than $400,�00 together with the remaining
funds from the Developer's Change Order Fund, if ariy, wi1!
be released to the developer after the p�oject has been
acc�pted by �the City. Partial release of funds shall be limited
to once per month. The�e shall be no partial refease af #unds
for praj�cts of less than �25,000. P�aaf thaC the de�eloper
has paid the contractor sha11 be required for partial releases.
5. Pur�rase, Term and Rene�val of Guarantees:
a, Perfarmance and payment bonds, a�d cash deposits furnished
hereunder shal! be for the purposes af e�uaranteeing s�tisfactary
comp{iance by �the developer with a11 requirements, terms and
cor�di�tions of this agreement, including, but not limit�d to, the
satisfactory completion of the improvements prescribec{ herein,
and the rrzaking of payments to any persan, #irm, corporation or
ather entity wrth w�om the d��eloper has a direct contractual
relationship for the performance of work hereunder.
b. Developer sha11 keep saici performance and paym�nt bonds, andlo�
cash deposits in full force and effect until such time as develaper
has � fully complied with the terms anc) conditians of this
agreement, and failure to keep same in force and effect shall
constitute a default and breac� of this agreement.
H, The City shall assume its share of the cost of the improvements covered by
t�is agreement along wit� the engineering fee only if funds are available for
such participation. In the event that no funds are available for City
participatian, t�e deveioper shal! award the cantract and deposit with the City
a performance and payment bonds or cash for 100 percent of the estimated
total construction cost of the improvem�nts [pius ten percer�t (10%j fior
engineering and miscellaneous cos#s if the City pre�ares the plans].
!. On all faci�ities incl�ded in this agreemant for which the developer awards its
awn cflnstruction co�tract, the developer agrees to follow the following
praceciures:
A-6
1. lf the City participates in the cost af the facilities, th� construction
contract must �e a��ertised,._bid and avvarded in accor�ance with State
statutes prescribing the requirements far the fetting of contracts fior the
construction of pu�lic wark. This includes ad�ertising in a local
newspaper at least twice in ane or more newspapers of genera!
circuiatior� in the caunty or counties in which the work is to be
p�rforrned. The second publication must be on or before the tenth
(10th} day befor� the #irst date bids may be submitted. The bids must
be o�ened by an officer or employee af the City at ar in an offic� o# the
City.
2. To employ a construction contractor, who is approved by th� Director af
the Department having jurisdiction over the facifity to 6e so constructed,
said cantractor to mee# City's requirements for la�ing insured, licensed
and bonded to da work in public right ofi way.
3. To require the contractor to furnish to the City payme�t, performance
and mair�tenance bonds in the names of the City and the deveioper for
one hundr�d percent (100%y of the contract price of the facility, said
bonds to be furnished befare work is commence. Developer further
shall require the contractor to provide public liabi�ity insurance in the
a�mounts required by the City's specifications ca�ering that particular.
work.
� 4. To give 48 hours notice to the department having 3urisdiction of intent
to commenc� construction of the facility sa that City inspection
p�rsonnel will �e a�ailabEe; and t4 require the contractor to allow the
construction to be subject to inspection at any and all times by City
ir�spection fiorces, and not to insta�l any paving, sanitary sewer, storm
drain, or w�ter pipe unless a responsible City inspector is present and
giv�s his cansent to proceed, and to make such la5oratory tests of
materials being used as may be required by ti�e City.
5. To secure ap�roval by the Directar of the Departm�nt having jurisdiction
A-7
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of any and all partial and final payments to the contractor. Said
ap�ro�a1 shall be subject to and in accordance with requireme�ts of this
agreement, and is nat ta constitute a�proval of the quantities of which
paymen�t is based.
6. To delay connections a� builclings to ser�ice finss af sewer and water
mains constructed under this contract until said sewer and water mains
and service lines �ave been completed tfl �he satisfiaction of the Water
Department.
7. It is ex�ressly understaoci by and between the develaper and the City of
Fort Worth, that in the event the develaper elects to award one single
construction contract for starm drainage and pavement, said contract
shal! be separated in the b[dding �nd City participatian, if any, shalf be
limited ta th� lowest possible combinatio� �f bids as if each of the
above were awarded as separat� contracts.
J. Ar�ything to th� contrary herein notwithstanding, for and in consicieration of
the promises and the covenants herein made by the City, the de�eloper
covenants and agrees as foliows:
1. The developer s�al� make separate elect�ans �nrith regard to water andlor
sanitary sewer facilities, storm d�ainage, stree# improvements and street
fights as to whether the work prescrifaed herein sha11 6e performeci
� by th� City, or by its contractor, or by the developer, through ifis
contractor. EacF� se�ara�e election shall be made in writing anc�
delivered to City no later than six (�j months prior to th� expiration af
this agreement. In the even� a�ny af such separate elections has not
been made and delivered to City by such date, it shall be conclusively
presumed that the developer has elect�d that such work be performec{
�ay t�e City in accordance with all o# the terms af this agreement, and in
particular �aragraph V-F hereof,
2. Irrespective of any such election and whether the wark is to be
�erformed by #he City, ar by its contractor or by the developer through
its contractor, t�e developer covenants and agrees to deliver to the City
A-8
� � ' � i
a performance a�d payment guarantee in accordance with the pravis�ons
of Paragra�h V-F of thEs agreement.
3, ln additian to the guarantee requ'ired in the preceding paragraph, in the
e��nt de�eloper elects that the work be performed by the City, ar by th�
City's contractor, or such e{ection is �resumed as provided �bove, the
develaper covenants and agrees to pay �tn the City the d�velop�r's share
of the estimated construction costs, The amount o# such estimated
payment shall b� camputed as set out on tf�e 5ummary of Cost hereof,
based upor� the Iawest responsi�e bid for such work, as determined by
City, or upon a cos# estimated to be perfo�med by City #orces prepared
by the City, as appropriat�, and sha{l be subject to adjustment tv act�ai
costs upon final completion of the subject work. 5uch estimated
payment shall b� made promptly upon demand by City, it being
understood that such payment will be made after t�e receipt af bids for
work, but in every case prior to the award of any construction cant�act,
unless otherwise speci#ically set ou# h�rein.
4. DevelopEr further cavenants and agrees to, and by these presents does
hereby fully indemnify, ho�d harml�ss and defenci tY�e City, its oific��s,
agents anci employees frorn and against any and a!{ claims, suits or
causes of action of any nature whatsoever, whether real ar
asserted, brought #ar or or� account of any injuries or damages ta
' persons or property, including death, resulting firo�n, ar in any way
cannected with, this agreement, or the canstruction af the
improvements or facilities described herein, whefiher or not caused. in
whole or in part, bv the nealiper�ce of ofificers. aaents, or emqlovees, of
the Citv. 1n add�tion, #he de�eloper covena�ts to indemnify, hold
harmless and d�fend the City, its officers, agents a�d employees fram
and against all claims, suits, or causes or aetiQn of any nature
whatsoever brought for, vr on account of any injuries or damages to
persons or property, incluciing deatf�, resulting from any failurs to
prop�rly safeguard the work or ar� account of any act, intentional or
otherwise, negiect or misconduct of tF�e developer, its contractors,
subcontractors, agents or employees, wheth�r or not
A-9
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i '
caused, in whole or in nart. bv t�e nec�liaence of afficers, aaents. or
emp�ovees af the Citv.
5. D�veloper cavenants and agrees that it discriminates against no
ir�di�idual involvi�g employment as prohibkted by the terms ofi �rdinance
No. 7278 (as amended by Orc{inance Nn. 7400j, an ordinance prohibrting
disc�imination in employment practice because of race, c�eed, color,
religion, national arigin �except fo� �liegal aliens?, sex or age, unless sex or
age is a bonafide accupationa! qualificatian, subcflntractor or
employment agency, either furnishing ar refierrin� applicants ta such
developer, nor any agent of developer is d'+scrimi�ating against any
individual invalving employment as prahibited i�y the terms af such
Ordi�ance No. 7278 (as ame�ded f�y Ord�na�ce No. 7400?.
K. Venue of any action brought hereunder sha!{ be in Fart Warth, Tarrant County,
Texas,
i.. The City's Policy for th� Instailation of Cammunity �acilities, as adapted by the
City Cfluncil on September 1992, is hereby incor�orated herein by reference,
and Deveioper cover�ants and agrees to comply with said Policy as a conditio�
of this contract and as a condition to 'Che platting ofi the subject property.
M, The �o!lowing descriptio�s of w�ork a��ly, as apprapriate, to the areas included
in ihe Community Facilities Agreement:
1. STREETS
Streets as shown in Exhibit B will be in accordance with plans ar�d
sp�cifications prepared by ihe Owner's engi�eer and aPproved by the
Director af Engineering.
2. STO RM D RAI NAG E
5torm drain as shown in Exhibit B— 1 will be in accordance with plans and
specifications prepared by t�e Owner's engi�ne�r and a�praved �y tF�e
Director of Engineering.
A-10
� , , °, �
i �
� ,
3, STREET LiGHT1NG
a. The Developer shall provide for the inst�llafiion of streetfighis by the City
#orces a� the ap�roximate locations shown in Exnibit C, immediately
after final acceptance of the street canst�uction, in accar�ance with
engineering plans and specifications approved by the Transportation and
Public Wo�ks Department.
b, Streetlights on residential ar�d 1 or collector streets can be installed using
overhead or un�erground conductors with th� appraval of th� s�reetlight
Engineer.
c. Streetlights on arterial sireets sna11 be installed with underground cond�it
and conductors.
�. The Developer shal! provide far the �nstallation of a�'/4 inc� sch�dule 4Q
PVC conduit at the depth nat less than 30 inches and at least 18 inch
behind th� curb, "ciear from all other utilit�es".
e. The Developer shali provide for the instailation of a 1'/4 i�ch scheduie 40
PVC conduit betw�en streetlights praposed for �nstallaiio� and the power
source to became operatianal.
f. A 3 inch sched�le 80 PVC canduit is required when crossi�g sfreets at
depth �at less than 34 inches, unless ind�caied otherwise on th� plans.
Concrete pull boxes shal{ �e provided �t the crossirtg points.
g. Luminaire ba1last shall be �ated for multitap operation and each luminaire
sha11 have it's own photocell.
� 4. TRAFF{C C�NTROL DEVICES
a. The Developer agrees to pay for the street name sign insfallations required
by this development to the extent of �80.00 per i�spectian. T}�is unit cost
will be revised annually by the Department of Transportation and Public
Works to reffect prevailir�g costs of materiafs and labo�.
b. This development creates the followi�g number intersectiflns at a total cost
as shown to the D�veloper.
c. The Developer may either �eposit cash fiunds with �he City equal to th�
foflowing amaunt at the time of Community Facilities Agr�Emenk approval
or wait �ntii th� street name signs are to be i�nstalled. 1t the De�eloper
elects to wait, the GQSf of street name signs will be at the rate
pre�ailing when the Developer deposits �unds with the City.
A-11
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d. The City wi{l install ti�e stre�t name signs upo� final appro�a� of the street
const�uckion. The street name signs will remain the p�operty of, and wi11 be
maintaine� by, the City.
5. OTH�R WORKS
in the e��nt that other works is requir�d it will be inciuded as specific
requirements ta Community Facilities Agreem�nt.
N. Developer and City agree that this Agreement represents the complete and
exclusive statement o# the mutual understandings o# ti�e parties and that this
Agreement supersedes and cancels and pre�iaus written and o�a1 agreements
and commur�icatians related to the subject ma#ter ofi this Agreement.
IN TESTIMONY WH�R�OF, the City of Fort Wo�th has caused this instrument ta �e
executed in qUadrupl�cate in its name and on its behalf by its City Manager,
attested by its City Secretary, wit� the corparate seal of the City affixed, and said
Develop�r t�as exeeuted this instrumant in quadruplicate, at �art Worth, Texas this
the _� day of . �- _ . ' , 20 ' .
APPROVED AS TO FORM AND
LEGALITY:
�
Gary J. Steinberger
Assistant Ciiy Attor�ey
Warks Department
ATTEST:
� ��
S.f /� r • � � n�
_, ,
Gloria Pearso�
Crty Secr�tary
RECOMMENDED:
.
� ,� -��'� ,
Hugo Malanga, Dir�ctor
Transportion and Public
CITY OF FORT ORTH, T�XAS
�
By� � - �
Mike Groomer
Assistant City Manager
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_, _ �� ,,_ .L — —
CoRtr�ct Fru�%oriza�.ior�
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Bond Number: 98SB1036'�5�61
DEVELOP1VIEl�TT BO�TD
GUA.RA�TTEEIl�1G PERFORli�ANCE
AIi�D PAY1VIEl�T OF IIVTPROVEIVIEllTTS
KNOW ALL 1VIEN BY THESE PRESENTS, tliat we RH of Texas, Limited
Partnership, as "Principal" and Travelers Casualty and Surety Company of America,
a corporatian arga.nized an.d existing under the laws of the State of Connecticut and fu11y
authorized to transact business in the State of Texas, as "Suret�', are held ar�d firmly
boux�d unto C�TY �F FORT W�RTH, TEXAS, 1000 Throc�nn.orton Sixee�, Fort
Worth, TX 76102, as Oblige�, in the p�nal amount of Five Hundred Ninety Seven
Thousand Ei�ht Hundred Ninety One and 00/104 Dollars ($�9'i,891.00) lawful
money of the United States of America, for the payrnent of which well and. truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
j ointly and severally, firmly by these presents.
WHEREA5, RH oi Te:�as, Limaited Partnership has agreed to construct in Heritage
Glen in the CIT� OF FO�.T WORTH, TEXAS the following ianprovements:
Installatinn af staree�, storm draiun, street light and s�reet name sign
impro�ements #o North Seach Streef from �hiver Raad ta Heritage Glen
Drive
WHEREAS, in the �vent of bankruptcy, default ar ather nanperformance by Principal
claim� against Pri.neipal or the development, Obligee may be left without adequate
satisfaction.
NOW TFIEREFORE, THE CONDITION OF THIS �SLIGATION IS SUCH that is
the said Principal shall construct, or have const�ucted, the improvements herein
described, and shall pay �'or the cost of a111abor, materials and equiprnent furnished in
connectian with �e construction of said improvements, and shall save the Obligee
harmless from any loss, cost or damage by reason of its failur� to complete the
constructian of said improvements or by reason of its failure �o pay for the cost of satne,
I l US��lSFPU14GROUP51cli I n-s1RYL�IN1�15urety4BonrlslTravelersl1036752G1, doc
. 1
then this obligation shall be nuil and �oid, otherwise to remain in fi�I1 force and eifect;
and upon receipt of a resolution adopted by the City Cauncil of the City of Fort Warth
indicating that the cons�ruction of said improvements has not baen completed, or the
cosYs �o:r same have not been paid, the Surety sha11 complete construction of said
improvement, and will pay all costs far construction of sa%d irnprovernents, or will pay to
the City of Fort Worth to comple�e construction of said improvcments �.nd to pay for the
C05tS Of 5a1T10.
PROVIDED FURTHER, that ihis bond shall automatically be increased by the arnount
af any change order, supplemental agreement or amendment, which increases the price of
the aforementioned conf�act.
PROVIDED FURT'HER, that i£ any legal action be filed an this bond, the laws of the
State of Texas shall apply and that venu� sha11 lie exclusively in Tarrant Caunty, Texas.
AND PR�VIDED FURTHER, that th� said surety, for value received, hereby stipulates
and agrees that na charge, extension of time, al�eration or addition to the tern�s of any
contract for the public affect its obligation on th�s bond, and it does hereby r�raive notice
of any such change, extension of iime, alteration or addition to the terms of such cantract.
This 1�ond is given pursuant to the provisions of Section 212.073 of thc Texas Local
Government Code, as such may be amended from tirne to time.
Signed, sealed and dated this 9th day of August, �001.
Principal: RH of Texas, Limited Partn�rship
��
Signature �eiL l—i711't� � �V�¢;py( "'-`IT'v�i7,�+c.
Sur�ty: '�zav er Casualty and Surety Company of America
+ �-
�'
� _ �� �
Alexar�� N. Craz-dner, Attorney-in-fact �
RH of Texas,
Limited Partnership
By � /� � -
�
��Hutchison
(�Sivision Pr�sident
11(ISWA5FPO11GROUFSI elr4n-sIHYLANDI Strrety4BoxdslTi�avelers 1103675261.doc
IN WYTNESS WHE�OF, TRAVEL�RS CASUALTY AND SURI�TY COMPANY QF AMERICA, TRAV�LERS
CASUALTY AND SUA�TY COMPANY and FARMINGTON CASUALTY COMPANY har+e caused this instnzmcnt to be
signed by their Senior V'rce President and their corporate seals to be hereio affixed this 19th day of March 2001.
STATE OF CONNECTICUT
?S5, Hartford
CC�UNTY OF HARTFORD
- �F�� � r J��1Y Apo� � G�`�u'�<T,t.
���AF�aA � w HkRTF�AD� G9.�c C�7 r' 4� r� �
�CQNM� iZ � CONN. o '� �_ y �¢ ,Y
��....✓ 7� yyt �'yr"�c(F'��D
a �`�� 4f � �N y * �
TRAV�L�RS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
_i � �'�� _
George W. 7hompson
Seniar Vice President
On this 19th day of March, 2001 before me personally cacme GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that helshe is Senior Viee President of TRAVELERS CASUALTY AND SiTRETY COMPANY OF
AMERICA, TRAV�LERS CASiTALTY AND SIIRETY COMPANY and FARMINGTON CASUALTY COMPANY, the
cozporatians described in and �vhich executed the above instrument; that he/she knows the seals of said corporaiions; that the seals
affixed to tiie said instrument are sueh corporate seals; and that he/she executed the said instrument pn behalf of the corpvrations by
authority of his/her office under the 5tanding Resalutions thereof.
�yp�T�lU,kd
A��`s
�� NOTAPY 2�
�* � *.
PUeL10 �
4
�NNE6SI�G,.�
CERTIFICATE
� � ,/ / � +a�,_
My commission expires Decemher 31, 2�02 Notary Public
Carol A. Thompson
I, the undersigned, Assistant Secr�tary of TRAVELERS CASUALTY AND SURETY COMPANY O� AMEAICA,
TRAVELERS CASUALTY AND SIIRETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporatiorts of
the Staie oi Connecticut, DO HEREBY CERTIFY that the foregoing and attached Pa�er of Attorney and Certifcate af Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Soards of Directors, as set
farEh in the Certif'icaie of Authority, are Row in farce.
Szgned and SeaIed at tt�e Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 9�"6 day of
� , 2Q�
-� �uW �,SY Ap
��Ft1nSWIFT�,� yJ� �SG � GASU,}��,.6
�� $ � � " '� n
���� � z HhRTFOAU� m� � Y 9 B 3 D
�� CptaFL ,p � CONN. � �� a.�
a.w'�,,� �}yj • ��ybtp G��'j � �,�,
��
�� �� - �
By
Kori M. Johanson
Assistant Secrefary, Bond
C�it,� o��'o�� ��or��a, �'�aca�
����� ��� ������ ������������
DATE ���E����� r����t��� �.o� r���r ���E
��f��l0� ��-'I$8Q9 ���H � '! of 2
����-'�c� �C�N1MUf�IT1' F�I��LITiE� A�RE��1��11" V�ITW F�H �F TE�CP��, LII��TE�
P�F2TNEF2�I�IP ��R INtP��V�PV1�k�T� T� f��1�TH 8��1�H �TREET �ft�N1 �FiIV��t
_ � I��AD T� H�l�ITF��� �LE�I DF�I1lE
F2E��i�N��I�DP�Xl��1:
It is rscommendod t��t the �it� ��uricil a�i�horl�e th�e �ity �+1a�ag�r t� �x�c�,#e a�or�m�nit�+ Facilities
Agr�em��€ wEt� F�H v� 7exas, ��mR�e� Partn�f�h�ip, for �rn�roverr��r�ts ko �Vorth Beacrf �tr��t �rort� �hi���
Road t� Fierit��e �len Drive.
DI��I.���lO�1:
F�H af T�x�s, Limited �artn�rshi�, �he c�ev��oper, has �xecu��d a propas�c� ��nt�a�t fae ��mmunit�r
fiacllitles for Ir�rprovem�nts t� E�orth Beach �tr�at fron� S�11V$f �Road to HerEtage �I�r� �riv� to serve
ki�fl��ge �ler� F�dc�itio�,
�'h�s �evel�prr�er�t Is lacate� in norkhea�k �o�k V�fort�, �ast of IH�3� ���� akta�i�ed rr�a��. 7his
developmeni is locate�l ir� �pkJ��1L Df��Rj�� �.
The prop�sed �omrnunity ��citities Agraerr�e�t is Fn complfance wli�h �ity p�licy. The improvemen�s to
fV�rt1� Beac1� �tre�t will be �aid �or b� #�� dev�l�per �r�c� the P�rlcs �r+d �ornmue�ity �erv��es
D�p�rEr�er�� ��A�.�p�. The d�v��oper's share ��f #Jorth Beaci� �tr�et will be �151,7�4 plus $3.(�35 far
constfu�#ion i�s�ecti�n fe��. The PA��D'� p�rtEcipa�ior� #or P,1�rth ��ac� ��r�et wJll be �18�,78� �lus
$� 0, ��� for canstruc�Go� irrspectior� fe�s ar�d $'f 1,8�3 for �esign en�ineerir��. The P���D wil� f�nd
$8�,G46 f�r �r�j�ct #��s.
The d�vel�per'� e�tima��d cost for �t�rrr� draE�s �s ��� ,��f� �lus $� ,Q�B f�r construc�iqn fee�. 7Y�e
P�1��D's parkfc��akiar� far �tvtm dr�in fmproverrt�rtts Is ���,84fi plus �3,4�8 fo� constr�ct�or� 3nspec�kon
f��s ar�d ��,��� ��r d��l�n �n�kn�e�ing.
Ele►�er� �tre�t Ilghi� will be kn�tall�� �t a�o�t of $'lp,7�� to �he de��l��er, ant� $�Q.1 AQ to �he �Ity. [V��e
�� whi�h uvlll be fnstalle� �I�ng fVartF� B�ach �treet, �nd two at t�e intersec#ions of N�rth Beach �treet
and �hiv�r Road, and Nor�h �each �tte�t and Prestige �rirr�.
Thera wEll be #wo �ntersectians wher� street sigr�s wlll be ins�a�le� aE a��st to the �i�y of �2�0. The�e
fnt�r����i�r�s ara �t f�orth ��ach �t��et an� He�i�age �I�� �riv�. �n� �1�rEh �aa�c� �tr�at �nc� Pres�Rg�e
Drive,
The #otal p�oject co�t for th�� d�velo�ment is ��97,�9�. Tl�e d�veEo��r's �artici�ati�n i� $�17,93fi, a�c�
ti�e �it�s parti�i�ati�r� fs ��79,���, The P���D'� parti�ipa#ia� for ro�tl f�-ontage on �lorEh B�ach
��r��t, wi�ich �erv�� the �ar norkC� cc�mmu�ik� �ar�, fs $��9��5�. `�#�e Tr�n�portatkpn and Publr� 1Nor�s
D��rar#m�nt'� parti�E�atlon is $��,3��.
I�L�PJ �ON1�}E��MO�1 AF�P�201l�L - �r� N�a� ��1, ���QF �I�$ �I�l1 C.�I�lfl'1IS51�t1 ���f�11$C� ��?@ �}f�Ik�ilil3�'}+
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DAT� fFr�������,�4J�1i3ER LO�FtJA�1E PJ��E
10�3�10� �-1$8�9 � �OF�W � �� �
�u�.����r� ��N1N�Uk�1TY FA�IL.I-rIE� A�R��l�ENT V�ITH RH �� T�xA�. �1�11TED
f�AI�T�V�i��Wkl� �UR lf1�PR011E�+1�N`�� T� f��R�'F� B�A�H �TF�EET F��Nti �HIIIE�
i R�AD TC3 N�R�TA��� �LE{V D1�IVE
�� ��AL. I1�F�f�MATIQNl��RTi Fk�AiIQN;
The Fin�r��e Dir��tor ��rk�fie� ihal f�rnds �r� �v��la�l� in #r�e c�rr�r�t c�pital b�dg�#s. as a�pro�r�ated, �f
th� �t��et im�roverr�ar�ts Fund ar�d the Pa�k� arid �ammunily �ervices Fur�d.
f��:n
Sioh�iif[�d I'a� �ifiy I4ian�gCr's
C�€ilee hy;
� r�urv�� � !�c'c'c�irN��' � i��:�v'����t
� {s��
;�1ikc Crrc�omer fF1 d41
OTi��l�4flllg I}rpartn�ent i[��d;
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AddiFionnl inFnrmwiiffn Con[u�t:
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C181 5�1?.C�O
�195 541204
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