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HomeMy WebLinkAbout024914 - Construction-Related - Contract - Centex HomesCOMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS S City Secretary C� Contract No. t l COUNTY OF TARRANT S WHEREAS, Centex Homes, hereinafter called "Developer", desires to make certain improvements to Park Glen, Phase XI, Section 1, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant County, Texas, hereinafter called "City", to do certain work in connection with said improvements; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That said Developer, acting herein by and through Michael S. Gravin, its duly authorized Vice President and the City, acting herein by and through Mike Groomer, its duly authorized Assistant City Manager, for and in consideration of the covenants and agreements herein performed and to be performed, do hereby covenant and agree as follows, to -wit: D UM P CCGe1D KN,IH9 T X O SECTION ONE COMMUNITY FACILITIES AGREEMENT to install WATER AND SEWER SERVICES for PARK GLEN ADDITION, PHASE XI, SECTION 1 A. The City_ agrees to permit the Developer to let a contract for, in accordance with its accepted practices, ordinances, regulations, and the provisions of the City Charter, and subject to the requirements of the City's Charter, and subject to the requirements of the City's Policies and Regulations for Installation of Community Facilities, all as current at the time of installation: WATER FACILITIES serve the lots as shown on the attached Exhibit A , and SANITARY SEWER FACILITIES to serve the lots as shown on the attached Exhibit A-1 all in accordance with plans and specifications to be prepared by private engineers employed by the Developer and approved by the Water Department. B. The City agrees to allow the Developer to install, at his expense, at the time all other water mains in this addition are installed, a service line for each lot as shown on the attached Exhibit A . The estimated cost of these service lines is $_33,600. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. C. The construction cost of the water facilities herein concerned, exclusive of service lines and engineering is estimated to be One Hundred Forty - Seven Thousand. Nine Hundred Fifteen Dollars ($147,915). D. The City agrees to allow the Developer to install, at his expense, at the time all other sanitary sewer mains in this addition are installed, a service line for each lot as shown on the attached Exhibit A-1 . The estimated cost of these service lines is $ 33,600. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. E. The construction cost of the sanitary sewer facilities to be installed. hereunder, exclusive of service lines and engineering, is estimated to be One Hundred Forty -Nine Thousand. Eiaht Hundred Forty Dollars ($149,840). I-1 4J O PROJECT NAME: PARK GLEN ADDITION, PHASE XI, SECTION 1 F. Prior to allowance of the construction contract by Developer, the Developer agrees to provide acceptable financial guarantee to the city for 100 percent of the construction of the construction costs along with payment of any Ordinance costs and fees that are applicable. Prior to the award of the construction contract by the City or the commencing of any work by the City or its contractors, the Developer agrees to pay to the City: (1) (a) One Hundred percent (100%) of the Developer's cost of all water and sanitary sewer facilities within the development, exclusive of engineering and service costs, sized to provide water and sanitary sewer service'within the development. (b)One hundred percent (100%) of the Developer's cost of all approach water and sanitary sewer facilities outside the limits of the development sized to provide water and sanitary sewer service to the development: (c) One hundred percent (100%) of the Developer's cost of any approach water main facility or water facility within the development that is 8 -inches in size for non -industrial development and 12 -inches in size for industrial development. (d) One hundred percent (100%) of the Developer's cost of any approach sanitary sewer main facility or sanitary sewer facility within the development that is 8 -inches in size. (2) An additional ten percent (10%) of the total of the Developers cost of these water and sanitary sewer facilities, exclusive of cost of service lines, is required for design engineering if such engineering is performed by the City at the Developer's request. (3) One hundred percent (100%) of the Developer's cost of all service lines, estimated under 1-B and 1-D above, in accordance with the provisions of the current Fort Worth City Code. (4) A construction Inspection Fee equal to two (2%) of the Developer's actual cost share of the construction cost (including all services) of the water and/or sanitary sewer facilities. G. The distribution of estimated construction cost between the City and the Developer, as per paragraph 1-F above, for all water and sanitary sewer facilities to be constructed hereunder is estimated as follows: I-2 r ' PROJECT NAME: PARK GLEN ADDITION, PHASE XI, SECTION 1 (1) WATER FACILITIES: Estimated ** Developer Estimated Total Cost City Cost Cost (a) Mains, Within Development $ 125,835.00 $ -0- $125,835.00 Approach $ 21,120.00 $ -0- $ 21,120.00 (b) Easements* $ -0- $ -0- $ -0- (c) Services 112- single 1") $ 33,600.00 $ -0-. $ 33,600.00 (d)Park Participation $ -0- $ 960.00 $ 960.00 Sub -Totals, Water $ 180,555.00 $ 960.00 $181,515.00 (2) SANITARY SEWER FACILITIES: (a) Development $ 148,696.00 $ -0- $ 148,696.00 Approach $ -0- $ -0- $ -0- (b) Easements * $ -0- $ -0- $ -0- (c) Services ( 112 -4") $ 33,600.00 $ -0- $ 33,600.00 (d)Park Participation $ -0- $ 1,144.00 $ 1,144.00 Sub -Totals, Sewer $ 182,296.00 $ 1,144.00 $ 183,440.00 (3) TOTAL CONSTRUCTION COST: $ 362,821.00 $ 2,104.00 $ 364,925.00 (4) CONSTRUCTION INSPECTION FEE: $ 7,257.00 $ -0- $ 7,257.00 *to be dedicated by the developer. **�ee Page 6 for City Cost I-3 X O PROJECT NAME: PARK GLEN ADDITION, PHASE XI, SECTION 1 H. The above charges do not include any front foot charges for connection to existing or proposed water and/or sanitary sewer mains constructed or to be constructed under the provisions of the "APPROACH MAIN OPTION" as described in Section III of the Policy for the "INSTALLATION OF COMMUNITY FACILITIES" adopted in September, 1992. These additional charges are as follows: 1. Applicable to this Contract in the amount of $ N/A. by Contract No. N/A dated N/A Applicable CFA Name N/A Date: N/A Number N/A I. When water facilities are installed by contract, installation of water services will be included as part of the contract. Installation of meter boxes on those services may be done by the City, after completion of construction of all relative curb and gutter work on the water facilities project site, at a cost of $70/$135 per contract -installed charge to be due and payable prior to issuance of a Work Order on the water facilities installation contract. The above charges do not apply if the Developer elects to include meter box installation as part of the contract. However, meter boxes must conform City standards. J. Within a reasonable time after completion of the above referenced facilities to be constructed by contract awarded by the Developer, provided all conditions for City participation have been met, the City agrees to pay the Developer the "Estimated City Cost" set out in 1-G above; provided, however, that said payment shall be calculated using the actual construction costs and actual service costs under the provisions of I-4 O PROJECT NAME: PARK GLEN ADDITION, PHASE XI, SECTION 1 the current Fort Worth City Code, (said payment to be calculated as in 1- G above), based on actual quantities as reflected in the final estimate paid to the Contractor by the Developer and on the actual records of cost kept by the City as a part of its customary procedures. In the event the difference in the deposit and the actual costs exceeds $25, Developer agrees to pay to the City and underpayment which said adjustment might indicate as being due, and the City agrees to pay to Developer any overpayment. K. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part. of the City to make any refunds with respect to water and/or sanitary sewer facilities shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. In the event water and/or sanitary sewer facilities work is not completed within the (2) year period, City may, at its election, complete such work at Developer's expense. L. It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/or materials as may be made necessary by conditions encountered during construction, and shall not include any change in scope of the project. RECOMMENDED: Lee C. Bradley, Jr. Director Water Department Date I-5 O O ** CITY PARTICIPATION BREAK -DOWN FOR: PARK GLEN ADDITION, PHASE XI, SECTION 1 WATER FRONT FOOTAGE CALCULATIONS OPTION A: (Perimeter of Subdivision Adjacent to Park) /6 Total Front Footage = 2200 L.F. /6 = 366 L.F. OPTION B: (Linear Feet of Water Line Adjacent to Park) 400+680+450+450+230+260 approach= Total Front Footage = 2,470 L.F. Front Footage Calculation use lesser of Option A and Option B = 366L.F. WATER FRONT FOOT CHARGE : 366L.F. X $10.50 = $ 3,843/4 = $960 SEWER FRONT FOOTAGE CALCULATIONS OPTION A: (Perimeter of Subdivision Adjacent to Park) /6 Total Front Footage = 2,200 L.F. /6 = 366 L.F. OPTION B: (Linear Feet of Sewer Line Adjacent to Park) 800+350= 1,150 Total Front Footage = 1,150 L.F. Front Footage Calculation use lesser of Option A and Option B = 366 L.F. SEWER FRONT FOOT CHARGE: . 366 L.F. X $12.50 =$4,575.00/4 = 1,144 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT = $960 + $1,144 = $2,104 I-6 STREET AND STORM DRAIN IMPROVEMENTS A. GENERAL PROVISIONS: 1. The Developer acknowledges that he has complied with Article 104.100 of Ordinance 7234 and hereby relieves the City of any responsibilities for any inadequacies in preliminary plans and cost estimates supplied for the purpose of this contract and further agrees that he will comply with the Subdivision Ordinance, City Plan Commis- sion Rules and Regulations, and Policy for Installation of Community Facilities and all applicable policies, rules, regulations and ordinances of the City regarding development. 2. The Developer agrees to install or cause to have installed, the street and storm drainage facilities improvements shown on the attached Exhibits "B" and "B-1", respectively, in accordance with plans and specifications prepared by the City or prepared by the Developer's engineer and approved by the City Engineer. 3. The Developer agrees to install, adjust or cause to be installed or adjusted, all of the required utilities to serve the development. On Border Streets, the Developer will be responsible only for the costs of relocating the utilities, with the City coordinating the utility construction. Prior to construction, the Developer will provide the City a list of all utilities that will require relocating, along with assurance that no conflicting street construction will take place until the utility relocation has been completed. The Developer further agrees that before commencing construction the City will be provided Performance and Payment bonds equal to 100% of the construction costs and a one year Maintenance Bond, for the constructed streets. The Developer also agrees that no street construction shall begin prior to the City Council's approval of this Community Facilities Agreement, in accordance with Section 104.100 of City Ordinance No. 7234. 4. Except where specifically stated otherwise in this contract, the Developer hereby agrees and binds itself to provide all necessary right-of-ways and/or easements required to construct the street improvements including any drainage outfall, in lengths, widths, and locations as approved by the City Engineer. 5. Unless the City is to prepare plans and specifications for a separate project of estimated value less than $10,000 as requested by the Developer, the Developer agrees to submit plans and specifications prepared by an approved Professional Engineer, registered in the State of Texas, proficient in Civil Engineering, for the improvements required under this agreement. Such plans shall be in compliance with the policies, ordinances, and rules of the City of Fort Worth, and are subject to approval by the City Engineer. After . said plans are approved as witnessed by the signatures of the City Engineer and of the CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I 0 0 Deputy Director of the Water Department, the Engineer shall provide the City one (1) . set of reproducible approved plans, plotted x -sections, and specifications; and nineteen (19) copies of the plans and eight (8) sets of the specifications and contract documents (four (4) unexecuted, 2 executed and 2 conformed sets). Additional sets of plans and/or specifications may be required for other departments and/or agencies depending on the project. 6. The Developer agrees to complete the improvements covered by this agreement within 90 calendar days after having been instructed to do so, in writing, by the Director of Transportation and Public Works. It is understood that the Developer will initiate the construction of all improvements to conform with his own schedule, except for those improvements which the Transportation and Public Works Director deems necessary for the proper and, orderly development of the area. In the event Developer fails to carry out any such instructions within the 90 -day period, the Developer gives the City the right to award a contract for the improvements in question, and agrees to pay to the City prior to the award of the contract, the amount of the low bid. 7. Should it become evident during the construction of the street improvements herein described that subdrains are required to properly drain the subgrade, Developer agrees to install at its own expense, such subdrains as may be required by the City Engineer. 8. The Developer agrees that all improvements to be constructed hereunder will be subject to inspection and approval by the City Engineer, and require any contractor who will be involved in any earthwork within any future public right-of-way, to notify the Department of Engineering, Construction Services Division, before any work takes place and to require all earthwork to be done in accordance with the City of Fort Worth Standard Specifications to the satisfaction and approval of the City Engineer or his representative. The developer also agrees that no street or storm drain construction shall begin prior to the City Council's approval of this Community Facilities Agreement in accordance with Section 104.100 of City Ordinance No.7234. 9. The Developer agrees to furnish to the City simultaneous with Developer's execution of this agreement, "performance and payment bonds" or cash deposit in accordance with "General Requirements," Section V, Paragraph F (4) of this agreement. These bonds or deposit will be conditioned upon the satisfactory compliance by the Developer with all requirements concerning improvements as set forth in this agreement. 10. In the event the Developer awards his own contract and does not desire City participa- tion, the Developer shall pay the entire cost of the street and/or storm drainage facilities. The condition set out in "General Requirements," Section V, Paragraph F of this agreement shall apply. CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -2 11. The City shall assume its share of the cost of the street and storm drain, improvements. and the engineering fee only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City cash, or performance and payment bonds for 100 percent of the estimated total construction cost of the improvements (plus ten percent (10%) for engineering and miscellaneous costs if the City prepares the plans). 12. In the event the Developer desires City participation and follows the procedure as set forth in Section IV and V of the Policy For The Installation of Community Facilities, the City's participation in the costs shall be as shown in Section II -B, (Street Improvements) and Section II -C (Storm Drainage Improvements) of this agreement. In no event shall the City be liable to the Developer for any payments in excess of the City's estimated participation unless and until there is separate and formal approval by the City Council to pay such excess amount. 13. Upon completion of these facilities, it is agreed and understood that the Developer's estimated participation in the costs as may be indicated in this contract, shall be adjusted to equal the final costs, except that the City shall not be obligated to make any refunds until all facilities required under all sections of this agreement have been completed to the satisfaction of the City. No refund of less than $25.00 will be made. In the event the difference in the deposit and actual cost exceeds $25.00, the Developer agrees to pay to the City any underpayment and the City agrees to refund any over payment to the Developer. 14. The City will provide construction engineering, except for the setting of line and grade stakes for streets and storm drains (see definition of Construction Engineering), without charge on all projects regardless of size. The setting of line and grade stakes for streets and storm drains shall be the responsibility of the developer except that the City reserves the right to pre -qualify persons and/or firms that are hired to provide this surveying and to check the accuracy of the surveying and the conformance of the stakes to the approved plans. 15. Following the setting of line and grade by a private surveyor hired by the developer, the contractor shall give 24 -hour notice to the Construction Engineer so that inspection personnel will be available. No work shall begin until the assigned inspector is present and gives his consent to proceed. 16. Approval by the City Engineer shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, and agents for the accuracy and competency of their designs and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the designs and specifications prepared by the consulting engineer, his agents CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -3 O 4 and employees, it being the intent of the parties that approval by the City Engineer„ signifies the City's approval on only the general design concept of the improverents to be constructed. In this connection the Developer shall for a period of five (5) years after the acceptance by the City of the completed construction project indemnify and hold the City and all of its officers, agents, servants and employees harmless from any loss, damage, liability or expense, on account of damage to property and injuries, including death, to all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City and its officers, agents, servants and employees, or any of them on account thereof, to pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection therewith. 17. The developer agrees to construct street lights as specified in Section III of the agreement at the same time as streets are being constructed. CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -4 C O B.' STREET IMPROVEMENTS BY DEVELOPER: 1. Developer hereby agrees and binds itself to: a. Excavate all streets, including parkways, to line and grade established in the approved plans. No fill shall be put in place unless a City of Fort Worth inspector is present and approves the installation. b. Require any contractor who will be involved in any earthwork within any future public right-of-way, to notify the Department of Engineering, Construction Services Division, before any work takes place and to require all earthwork to be done in accordance with the City of Fort Worth Standard Specifications to the satisfaction and approval of the City Engineer or his representative. c. Install all necessary storm drainage facilities in accordance with the Transportation and Public Works Department's "Policy For Storm Drainage Facilities". d. Construct all utilities and services in the streets to at least two feet back to the curb line prior to the construction of curb and gutter and paving of the streets. All trenches shall be backfilled in accordance with standard City specifications. e. Construct concrete curb and gutter on both sides of the street, unless this agreement specifies otherwise, including intersections. Construct concrete driveways to the back of the walk line for each lot fronting on the street in accordance with standard City specifications. Construct sidewalks if specified in this agreement. f. Construct pavement, including subdrains determined to be required by the City Street Inspector during construction, on all streets in accordance with the approved plans and/or specifications. g. Improve border streets at the time of development unless conditions preclude improvements at that time as determined by the Director of - Transportation and Public Works. h. Construct, at its own expense, curb returns at all street intersections within or adjacent to the area covered by this agreement. i. Be responsible for grading the parkway between the curb lines and the property lines to elevations required by the City Engineer. j. Grade all 20' x 20' and 15' x 15' Open Space Easements down to a height of not more than twenty-four (24) inches above the top of curb. k. Construct, at its own expense, curb, gutter, and approved paving as depicted on Exhibit "B": . CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -5 O 2. Cost Distribution: a. The City shall bear all of the excess cost of street improvements for widths greater than: •Forty (40) feet adjacent to property zoned single family and/or duplex residential. • Fifty-two (52) feet adjacent to property zoned other than single family and/or duplex residential. b. If the developer constructs a wider street than requested by the City, there shall be no City participation for the cost of the extra width. However, in the event a street wider than forty (40) feet adjacent to single family and duplex residential or fifty-two (52) feet adjacent to zoning other than single family or duplex residential is constructed at the City's request, the City will make the following reimbursement to the developer upon completion of the entire length of street included in this Community Facilities Agreement. 1. The reimbursement shall be for the cost of the road width in excess of forty eet adjacent to residential (single family or duplex) zoning and fifty-two feet adjacent to zoning other than single family or duplexes. 2. The reimbursement due to Item (1) above shall be based on unit prices actually paid by the Developer and approved by the Transportation and Public Works Director, except that the reimbursement for earthwork shall be established annually based on then current costs of doing this type of work, as determined by the City. c. On streets abutting City park property, the City will pay the cost of one-half of the curb, gutter, paving (including any base stabilization), and related earthwork adjacent to the park. d. All Railroad Crossings shall be of type "Rubber Railroad Crossing" without exception. The City's participation in rail road crossings shall be in accordance with this Section. Furthermore, if it is necessary for the City to condemn Railroad property, the developer shall reimburse the City the entire cost of the condemnation process including attorney fees plus any other costs associated with the right-of-way and or easement acquisition. e. City shall pay engineering costs in the amount of six percent (6%) of the actual cost of the City's share of construction as defined above upon completion and acceptance of the street facilities. However for preparation of Community Facilities Agreements, the City shall use six percent (6%) of the estimated cost of its share of construction as defined for designed above engineering. CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -6 O O f. The City shall assume its share of the cost of the street improvements and the. engineering fee only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City cash, or performance and payment bonds for 100 percent of the estimated total construction cost of the improvements (plus ten percent (10%) for engineering and miscellaneous costs if the City prepares the plans). g. The Developer shall pay a construction inspection and materials testing fee in the amount of two percent (2%) of the developer's share of the street construction cost as defined above. The two percent (2%) amount shall be included- with the submittal by the developer of the performance and payment bonds, or cash together with the signed community facilities agreement to the Development Coordinator. For the preparation of a community facilities agreement, two percent (2%) of the estimated cost of the Developer's share of the street construction as defined above for the construction inspection and materials testing fee shall be used. At the time when bids are submitted and prior to the work order being issued, the Developer shall submit the amount in cash, representing two percent (2%) of the Developer's share of the street construction cost. This amount may be adjusted by the Developer or the City, upon written request, to conform to the actual construction cost upon completion and acceptance of the street facilities, provided the difference is greater than twenty-five dollars ($25.00). 3. The following special cost distribution conditions shall be in lieu of, shall supersede and shall prevail over any of the standard cost distribution provisions which may be in conflict herewith. None CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -7 Q O 4. Estimate of Construction Cost -on Site, Unit A Unit Developer Park* Item Quantity Price - Cost Cost 28' Wide Roadway 5,830 L.F. $65.00 $336,277 $42,673 6" Reinf. Conc. 6" Lime Stab. Subgr. 36' Wide Roadway 6" Reinf. Conc. 6" Lime Stab. Subgr. 460 L.F. 90.00 Sub -Total 10% Contingencies Total 20,700 20,700 $356,977 $63,373 35,698 6.337 $392,675 $69,710 *City's participation due to proposed park site is $_69,710 . NOTE: Portion of 36' wide roadway (Island Park Drive) dedicated on other plat. CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -8 City Total Cost Cost $-0- $378,950 -0- 41,400 $-0- $420,350 -0- 42,035 $-0- $462,385 C. " STORM DRAINAGE IMPROVEMENTS: 1. Based upon preliminary engineering design, the storm drainage facilities listed below are required. It is understood that actual sizes, quantities, and costs may vary after detailed engineering is accomplished, and bids are taken. Description of Work to be Done: The Developer agrees to install or have installed, the storm drain system for this project as shown on Exhibit "B-1 ", attached hereto, in compliance with all applicable City of Fort Worth Rules and Regulations and Construction Standards. Furthermore, the Developer also agrees: - a. to construct all storm drainage facilities and appurtenances to the line and grade established in the final plans. b. to provide sufficient drainage easements for all storm drainage facilities outside a public right-of-way. Drainage easements shall be provided along the entire length of the system to include an outfall condition which is acceptable to the City Engineer. A detention pond may be provided in lieu of an adequate outfall with approval by the City Engineer. Drainage easements along a required outfall channel or ditch shall be provided until the flowline "day lights" on natural grade. The minimum grade allowed on an outfall channel or ditch will be 0.2 foot per 100 feet. Drainage easements will generally extend at least twenty-five (25) feet past an outfall headwall to provide an area for maintenance operations. c. to provide a drainage system which is fully functional and readily maintainable. d. to provide for storm flow resulting from a one hundred (100) year frequency storm in accordance with City drainage design criteria. Such flow once contained in a public drainage easement and/or right-of-way shall continue to be retained with public easements or rights -of -way, unless approved by the City Engineer under a strictly controlled set of criteria. Over -flow swales intended to convey "public" storm flow shall be contained in a drainage easement, included in the design plan, and constructed in conjunction with the storm drainage improvements. e. that the storm drain system will be designed to ultimate land use. If stage construction is used, temporary offsite measures can be utilized as development proceeds but must be approved by the City Engineer. These temporary offsite measures must be brought into conformance with ultimate design standards as development proceeds. CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -9 0 0 2. -Cost Distribution: a. The City shall not pay any amount in the cost of storm drainage facilities consisting of pipe 60 -inches or less in diameter, including the cost of any trench and/or channel excavation, manholes, inlets, lead lines, headwalls and/or any other items to complete the system. b. Where pipe larger than 60 inches is used, the City shall pay twenty-five percent (25%) of the difference in construction cost between a sixty inch pipe and any larger pipe size. There will be no City participation in the cost of any trench and/or channel excavation, manholes, inlets, lead lines, headwalls, and/or any other items to complete the system. c. Where a lined channel is constructed, the City's participation shall be as follows: 1) Twenty-five percent (25%) of the cost of concrete lining in place provided the bottom of the channel is lined with concrete or consists of natural solid rock. 2) Twenty-five percent (25%) of the cost of gabion lining provided that the channel bottom is lined either with concrete or gabion; and/or the bottom of the channel consists of natural solid rock. 3) There shall be no City participation in the cost of any trench excavation, right-of-way, inlets, manholes, guard rail, rip -rap, seeding, sodding and/or any other appurtenances necessary to complete the drainage facilities. d. Where a bridge or culvert is constructed, the City's participation shall be as follows 1) For systems smaller than or equal to a pipe size of sixty (60) inches in diameter, area - wise, there shall be no City participation. 2) Where the system is larger than a pipe of sixty (60") inches in diameter or is of some other shape with a cross sectional area of more than 19.6 square feet, the City shall base its share of the cost on the water shed area to be drained and will calculate its share according to the table below for any bridge and/or culvert for a street crossing up to a roadway width of: • Forty (40) feet adjacent to single family or duplex residential zoning and use. • Fifty-two (52) feet adjacent to any other zoning and/or use. Watershed Area City's Participation (Acres) (% of Cost) up to - 1,000 25 1,001 - 1,500 30 1,501 - 2,000 35 2,001 - 2,500 40 CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I 1I-10 2,501 - 3,000 3,001 - 3,600 3,601 - 4,200 4,201 - 4,800 4,801 - 5,400 5,401 - 6,100 6,101 - 6,800 6,801 - 7,500 7,501 - 8,300 8,301 - 9,100 9,101 -10,000 Over 10,000 45 50 55 60 65 70 75 80 85 90 95 100 3) Except as provided in Item 7., Page II -11, the City shall also pay one hundred percent (100%) of the cost of constructing the extra width of a bridge or culvert necessary for roadways in excess of: • Forty (40) feet adjacent to single family and/or duplex residential zoning and use. • Fifty-two (52) feet adjacent to any other zoning and use. 4) There shall be no City participation in the cost of parkway improvements, including pedestrian ways, guardrails, etc. 5) Developers shall submit cost estimates for both a bridge and culvert and City cost participation shall be limited to the lowest City cost estimate based on the standard cost distribution listed above. The City Council reserves the right to evaluate the overall economic benefits to the City in all cases where its participation in a bridge or culvert exceeds forty percent (40%). The Director of Transportation and Public Works shall submit an economic evaluation and recommendation to the Council in such cases. 6) If the City requires a roadway width greater than those described above, one hundred percent (100%) of the additional cost of the drainage facility necessary for that excess width will be paid by the City of Fort Worth. 7) If the developer desires a roadway wider than determined necessary by the Director of Transportation and Public Works, then there shall be no City participation for the additional cost of the drainage facility necessary for the excess width. CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I a 8) ' Bids and estimates for the construction of bridges and culverts shall be prepared. on a unit cost basis for the length of the basic structure (width of the street) with all appurtenances such as guard rail, wingwalls, etc., being separate bid items, so that the cost distribution due to oversize structures can be readily determined. e. The City will consider the level of service being required and City participation in extra cost of storm drainage facilities where the level of service is increased due to collector or thoroughfare street requirements. f. Storm flow shall not be diverted from its natural drainage course to a border street unless approved by the City Engineer. Where storm flow is diverted, in the opinion of City Engineer there shall be no City participation for the additional cost of constructing and/or oversizing any drainage facility or appurtenance required to handle such diverted storm flow and the City's participation shall stay the same as if the diversion did not occur. g. The City shall pay engineering costs in the amount of six percent (6%) of the actual cost of the City's share of construction as defined above upon completion and acceptance of the storm drain facilities. However, for preparation of Community Facilities Agreements, the City shall use six percent (6%) of the estimated cost of its share of construction as defined above for design engineering. h. The City shall assume its share of the cost of the storm drain improvements and the engineering fee only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City cash, or performance and payment bonds for 100 percent of the estimated total construction cost of the improvements (plus ten percent (10%) for engineering and miscellaneous costs if the City prepares the plans). i. The Developer shall pay a construction inspection and materials testing fee in the amount of two percent (2%) of the developer's share of the storm drainage construction cost as defined above. The two percent (2%) amount shall be included with the submittal by the developer of the performance and payment bonds or cash together with the signed community facilities agreement to the Development Coordinator. For the preparation of a community facilities agreement, two percent (2%) of the estimated cost of the Developer's share of the storm drainage construction as defined above for the construction inspection and materials testing fee shall be used. At the time when bids are submitted and prior to the work order being issued, the Developer shall submit the amount in cash representing two percent (2%) of the Developer's share of the storm drainage construction cost. This amount may be adjusted by the Developer or the City, upon written request, to conform to the actual construction cost upon completion and acceptance of the storm drainage facilities, provided the difference is greater than CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I 1I-12 O twenty-five dollars ($25.00). 3. The following special cost distribution conditions shall be in lieu of, shall supersede and shall prevail over any of the standard cost distribution provisions which may be in conflict herewith. None: CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -13 O O 4. ' Estimate of Construction Cost — On Site, Unit A Unit Developer Park* City Total Quantity Price Cost Cost Cost Cost 48" RCP 111 L.F. 75.00 $8,325 $-0- $-0- $8,325 36" RCP 344 L.F. 55.00 18,920 -0- -0- 18,920 33" RCP 398 L.F. 45.00 17,910 -0- -0- 17,910 27" RCP - 69 L.F. 36.00 2,484 -0- -0- 2,484 24" RCP 285 L.F. 32.00 9,120 -0- -0- 9,120 21" RCP 259 L.F. 28.00 7,252 -0- -0- 7,252 Trench Safety 1,466 L.F. 1.00 1,466 -0- -0- 1,466 Std. 10' Curb Inlet 16 Ea. . 2,200.00 35,200 -0- -0- 35,200 4' Sq. Manhole 3 Ea. 3,000.000 9,000 -0- -0- 9,000 5' Sq. Manhole 1 Ea. 3,500.00 3,500 -0- -0- 3,500 10-10'x8" Box Culvert 460 C.Y. 380.00 135,470 -0- 39,330 174,800 42" Type "B" Headwall 1 Ea. 3,000.00 3,000 -0- -0- 3,000 36" Type "B" Headwall 1 Ea. 2,800.00 2,800 -0- -0- 2,800 Sub -Total $254,447 $-0- $39,330 $293,777 10% Contingencies 25,445 -0- 3,933 29,378 Total $279,892 $-0- $43,263 $323,155 *City % participation due to proposed park site is $ -0- CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -14 0 0 D. SUMMARY OF COST: DEVELOPER PARK CITY TOTAL COST - COST COST COST Street Improvements Construction $392,675 $69,710 $-0- $462,385 Design (6% of Construction Cost) 4,183 -0- 4,183 Construction Engineering and Administration 1 of Construction Cost) 7,8548 4,880d 19,633d 32,367 Storm Drain Improvements Construction $279,892 $-0- $43,263 $323,155 Design (6%0 of Construction Cost) -0- 2,596 2,596 Construction Engineering and Administration I7% of Construction Cost) 5,598b -0-s 17,0238 22,621 Street Light Improvements (III) Construction $50,000 ' $-0- $-0- $50,000 Design 10% of Construction Cost) 5,000 -0- -0- 5,000 Street Name Sign Improvements (IV) Construction $560 $-0- $-0- $560 TOTALS (THIS PROJECT) $741,579 $78,773 $82,515 $902,867 *The sum of $741,579 to be deposited by the Developer prior to the execution of the contract. Does not include Developer's Design Engineering Cost on interior -streets and storm drains. *"Include $ -0- (including 2% of the other's share of the estimated construction cost) to be assessed against other property owners. 'Encompasses extraordinary survey work, preparation of right-of-way maps and descriptions, and soils testing, if necessary. City's participation due to facilities constructed adjacent to City Park is: Interior: Streets $ 78,773 ; Storm Drains $ -0- Assessment Paving: Streets $ -0- , Storm Drains $ -0- CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -15 Q O a,b,c Represents two percent (2%) respectively of the Developer's share of the estimated construction costs for construction inspection and materials testing. d,e,f Represents the City's share of the construction engineering and administrative costs. Recomme ded Hugo1ialanga, P.E., Director P 313t��9 Transportation and Public Works Date Based on Policy Revised September, 1992 CFA Code: 98004 CONTRACT FOR: PARK GLEN ADDITION, PHASE XI, SECTION I II -16 III STREET LIGHTS 1. The Developer agrees to provide for the installation of street lights at the approximate locations shown in Exhibit "C" within ninety calendar days of final acceptance of the street construction in accordance with engineering plans and specifications to be approved by the Transportation and Public Works Department. 2. If the Developer desires the City to install the lights, the Developer mustpaythe amount shown below to the City at the time after execution of the Community Facilities.Agreement. The City will prepare the plans and the Developer agrees to pay the City 10% of the estimated construction cost for the design efforts. 3. The Developer has the option to install the lights on residential and, collector streets using overhead or underground conductors, but the lights on arterial streets require underground conductors. The City will install all the lights that use overhead conductors. The City will normally install all the lights that require 'underground conductors, but the Developer agrees to employ a contractor to install the lights when the City is unable to begin installing' the lights within ninety calendar days of final acceptance of the street construction. 4. The Developer agrees to pay the City 2% of the construction cost for construction engineering and inspection of the street light installation if a contractor installs the street lights. 5. The Developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operation of the street lights. 6. The estimated cost of this street light installation is detailed on page III -3 and is summarized below. In the event the Developer pays the City to do any of the work. The Developer shall pay for the City a the time of execution of the CFA. This will insure that the installation can be scheduled when the streets are completed. PARK GLEN ADDITION PHASE XI -SECTION 1 For Worth, Texas February 4, 1998 o O III STREET LIGHTS 7. The Developer is required to install a 1inch schedule 40 PVC conduit on the northern side of all streets or the western side of all streets unless indicated otherwise on the plans. The conduit shall be install at 'a depth of not less than 30 inches. The installation of the conduit shall be included in the street construction plans. The cost for the city to install street 'lights has been reduced to reflect the conduit being in place. Conduit $14,400.00 Street Lights $40,600.00 TOTAL DEVELPOER'S COST .$55,000.00 PARK GLEN ADDITION PHASE XI - SECTION 1. Fort Worth, Texas III -2 February 4, 1998 o O III STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 7 EA $ 2,000 $14,000 Island Park Dr. & Trace Ridge Parkway Island Park Dr. & Montane Ct./Fern Lake Dr. Island Park Dr. & Caddo Ct./Caddo Dr. Caddo Ct. & Big Cypress Ct. Caddo Dr. & Island Circle Fern Lake Dr. & Island Circle Fern Lake Dr. & Fern Lake Ct. MID -BLOCK RESIDENTIAL 14 EA $ 2,000 $28,000 2 each on Trace Ridge Parkway 3 each on Montane Ct. 2 each on Caddo Ct. 1 each on Big Cypress Ct. 2 each on Caddb Dr. 2 each on Fern Lake Dr. 2 each on Island Park Dr. CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 2,000 $ 6,000 1 each on cul-de-sac on Montane Ct. 1 each on cul-de-sac on Caddo Ct. '- 1 each on cul-de-sac on Big Cypress Ct. Subtotal City's Cost Developer's Subtotal 10% for Engineering Project Total Adjacent Developer's Cost Developer's Cost Installed Conduit By Developer To Be Paid to the City of Fort Worth PARK GLEN ADDITION PHASE --XI, SECTION 1 Fort North, Texas III -3 $50,000.00 $ ---0--- $50,000.00 $ 5,000.00 $55,000.00 $ --0-- $55,000.00 $14,400.00 $40,600.00 February 4, 1998 o. O IV STREET NAME SIGNS 1. The Developer agrees to pay for the street name sign installations required by this development to the extent of $80.00 per intersection. This unit cost will_be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor: 2. This development creates the following seven (7) intersections at a. cost to the Developer of $560.00: Island Park Dr & Trace Ridge Parkway Island Park Dr. & Montane Ct./Fern LakeDr. Island Park Dr. & Caddo Ct./Caddo Dr. Caddo Ct. & Big Cypress Ct. Caddo Dr. & Island Circle Fern Lake Dr. & Island Circle Fern Lake Dr. & Fern Lake Ct. 3. The Developer may either deposit cash funds with the City equal to the above amount at the time of Community Facilities Agreement approval or wait until the street name signs are to be installed. If the Developer elects to wait, the cost of street name signs will be at the rate prevailing when the Developer deposits funds with the City. 4. The City will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City. PARK GLEN ADDITION PHASE XI - SECTION 1' For Worth, Texas IV -1 February 4, 1998 C O V. WATER AND/OR SANITARY SEWER FACILITIES ATTRIBUTABLE TO PARK DEPARTMENT A. One half of the front foot charges of the water facilities herein concerned exclusive of service line and engineering attributable to the Parks and Community Services Department is estimated to be $960. B. One half of the front foot charges of the sanitary sewer facilities herein concerned exclusive of service line and engineering attributable to the Parks and Community Services Department is estimated to be $1144. C. The City's shares of water and sanitary sewer costs for services to the proposed park will be due and payable to the developer upon; 1. Completion of the related water and sanitary sewer facilities. 2. Upon completion of the work to restore the parkland where the road and utility construction occurred to an approved graded and grassed surface. Whichever event occurs last. Recommended Richard Zavala, Director Parks and Community Services Department C:\61\bob\addendUmc4 PAVING FACILITIES ATTRIBUTABLE TO PARK DEVELOPMENT A. One half of linear foot charges of park paving, including design engineering and inspection contingencies attributable to the Parks and Community Services Department at an estimated cost of $ 78,773: B. The City's share of park paving costs to the proposed park will be due and payable to the developers upon: 1. Completion of park paving; and 2. Restoration of the park property. Whichever event occurs last. Recommended, Richard Zavala, Director Parks and Community Services Department p.; C O ADDENDUM The following constitutes an Addendum to be read and construed with and as a part of that certain Community Facilities Agreement, heretofore entered into by and between Centex Homes, through Rich Alberque, Vice President as Developer and the City of Fort Worth, a municipal corporation in Tarrant County, Texas dated , and designated as Contract No. ,in the office of the City Secretary of the City of Fort Worth, Texas. (1) The Developer and the City hereby agree as follows: A. Developer agrees to provide a minimum of six (6") inches of topsoil over areas of cut or fill within the designated park areas which are disturbed due to road and utility construction. The topsoil shall be relatively free of rock and other debris. B. Developer agrees to seed areas of cut or fill with suitable grass as determined by the City Parks and Community Services Department. C. Developer agrees to have or to cause to have suitable clean-up of the park areas as determined by the City Parks and Community Services Department upon completion of the road and utility construction This would include, but not be limited to, removal of trash and construction debris deposited on the said park areas. D. The Developer will, at the time of the completion of the Island Park Drive, Caddo Court, and Caddo Drive provide the Parks and Community Services Department with final plat drawings of the street that will be submitted and filed with the Parks and Community Services Department. The drawings will be provided at the expense of the Developer. E. The City Parks and Community Services Department's participation in this contract as to development and maintenance is subject to City Council approval and adequate funding of the project. Recommended: ?occRichard Zava , irector Parrs, and Community Services Department c:\word97\randle\Addendum & Paving\cp\pc1728 GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the developer shall employ a civil engineer, licensed to practice in the State of Texas, for the design and preparation of plans and specifications for the construction of all facilities covered by this contract, subject to Paragraph B. B. For any project estimated to cost less than $10,000 or for any project designed to serve a single lot or tract, the developer may at his option request the City to provide the design engineering, and if such request is granted, the developer shall pay to the City an amount equal to 10 percent of the final construction cost of such project for such engineering services. C. In the event the developer employs his own engineer to prepare plans and specifications for any or all facilities, the plans and specifications so prepared shall be subject to approval by the department having jurisdiction. One (1) reproducible set of plans with 15 prints and 35 specifications for each facility shall be furnished the department having jurisdiction. It is agreed and understood that in the event of any disagreement on the plans and specifications, the decision of the Transportation/Public Works Department Director, and/or Water Department Director will be final. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested at all times in the City of Fort Worth, and developer hereby relinquishes any right, title, or interest in and to said facilities or any part hereof. E. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period • of ten (10) years commencing on the date that approach mains are accepted by VI -1 the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. If the construction under the Community Facilities Contract shall have started within the two-year period, the life of. the Community Facilities Contract shall be extended for an additional one-year period. Community Facility Contracts not completed within the time periods stated above will require renewal of the contract with all updated agreements being in compliance with the policies in effect at the time of such renewal. Developers must recognize that City funds may not be available to pay all or a portion of the normal City share for renewal contracts. It must be understood by all parties to the Community Facilities Contract that any of the facilities or requirements included in the contract that are to be performed by the developer, but not - performed by the developer within the time periods stated above, may be completed by the City at the developer's expense. The City of Fort Worth shall not be obligated to make any refunds due to the developer on any facilities constructed under this agreement until all provisions of the agreement are fulfilled. F. PERFORMANCE AND PAYMENT GUARANTEES 1. For Street. Storm Drain. Street Light and Street Name Sign Facilities on a Non -Assessment Basis: Performance and Payment bonds or cash deposits acceptable to the City are required to be furnished by the developer for the installation of streets, storm drains, street lights, and street name signs, on a non - assessment basis, and must be furnished to the City prior to execution of this contract. The performance and payment bonds shall be in the amount of one hundred percent (100%) of the developer's estimated • share of the cost of the streets, storm drains, street lights, and street name signs. If the deposit is in the form of cash, the deposit shall be in the amount of one hundred twenty five percent (125%) of the developer's estimated cost of the streets, storm drains, street lights, street name signs, and change orders (during the course of the project). VI -2 O O Performance and payment bonds or cash deposits, acceptable to the City are required to be furnished by the developer for one hundred percent (100%) of the developer's estimated cost resulting from the paving, drainage, lighting and name signage of border streets on an assessment paving basis. (Reference Section VI, Item 3, Development Procedures Manual.) Said performance and payment bonds or cash deposits must be furnished to the City prior to execution of this contract. 3. For Water and Sanitary Sewer Facilities: Performance and payment bonds, or cash deposits, acceptable to the City are required to be furnished by the developer for the installation of water and sanitary sewer facilities. a. Where the developer lets the construction contract for water and sanitary sewer facilities,, performance and payment bonds shall be deposited, in the amount of one hundred percent (100%) of the estimated cost of construction, cash deposited shall be in the amount of one hundred twenty-five percent (125%), as stated in the construction contract, is required. to be furnished simultaneous with execution of the construction contract. b. Where the City lets the contract, performance and payment bonds shall be deposited, in the amount of one hundred percent (100%) of the estimated cost of construction, as stated in the construction contract, is required prior to issuance of a work order by the City. a. Performance and Payment Bonds: Are required for the construction of streets, storm drains, street lights, and street name signs, the following terms and conditions shall apply: VI -3 O O .. (1) The bonds will be standard performance and payment bonds provided by a licensed surety company on forms furnished by that surety company. (2) The bonds will be subject to the review and approval by, the City Attorney. (3) The performance bond shall be payable to the City and shall guarantee performance of the street, storm drain, street light, and street name sign construction contemplated under this contract. (4) The Payment Bond shall guarantee payment for all labor, materials and equipment furnished in connection with the street, storm drain, street light, and street name sign construction contemplated under this contract. (5) In order for a surety company to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable' sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. b. Cash Deposits: A cash deposit shall be acceptable with verification that an attempt to secure a bond has been denied, such deposit shall be made in the Treasury of the City of Fort Worth. The City of Fort Worth will not pay interest on any such cash deposit. (1) At such time that the contract is bid for projects. other than assessment projects, the cash deposit shall be adjusted to one hundred twenty five percent (125%) of the actual bid price. No contract shall be awarded and no work order shall be issued until such adjustment is made. VI -4 ® O (2) When a cash deposit is made, the additional twenty-five percent (25%) beyond the one hundred percent (100%) of the estimated developer's share represents additional funds for change orders during the course of the project. This twenty five percent (25%) shall be considered the developer's change order fund. • (3) If the developer makes a cash deposit with the City, the developer may make timely withdrawals from the cash funds in order to pay the contractor and/or subcontractor based on amount of construction work completed as approved and verified by the City Engineer or authorized representative. For projects whose actual total contract cost is $400,000 or greater, such release of security shall equal the percentage of work completed for that period multiplied by ninety-five percent . (95%). This percentage shall be applied to the actual current total contract cost to determine the amount that may be reduced upon request of developer. For projects whose actual total contract cost is less than $400,000, such release - of security shall equal the percentage of work completed for that, period multiplied by ninety percent (90%). This percentage shall then be applied to the actual current total contract cost to determine the amount of security that may be reduced upon request of developer. The remaining security, five percent (5%) for projects of $400,000 or greater and ten percent (10%) for projects less than $400,000 together with the remaining funds from the Developer's Change Order Fund, if any, will be released to the developer after the project has been accepted by the City. Partial release of funds shall be limited to once per month. There shall be no partial release of funds for projects of less than 525,000. Proof that the developer has paid the contractor shall be required for partial releases. VI -5 O 5. Purpose. Term and Renewal of Guarantees: a. Performance and payment bonds, and cash deposits furnished hereunder shall be for the purposes of guaranteeing satisfactory compliance by the developer with all requirements, terms and conditions of this agreement, including, but not limited to, the satisfactory completion of the improvements prescribed herein, and the making of payments to any person, firm, corporation or other entity with , whom the developer has a direct contractual relationship for the performance of work hereunder. b. Developer shall keep said performance and payment bonds, and/or cash deposits in full force and effect until such time as developer has fully complied with the terms and conditions of this agreement, and failure to keep same in force and effect shall constitute a default and breach of this agreement. G. The City shall assume its share of the cost of the improvements covered by this agreement along with the engineering fee only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City a performance and payment bonds or cash for 100 percent of. the estimated total construction cost of the improvements [plus ten percent (1O%) for engineering and miscellaneous costs if the City prepares the plans]. H. On all facilities included in this agreement for which the developer awards its own construction contract, the developer agrees to follow the following procedures: 1. If the City participates in the cost of the facilities, the construction contract must be advertised, bid and awarded in accordance with State statutes prescribing the requirements for the letting of contracts for the construction of public work. This includes advertising in a local newspaper at least twice in one or more newspapers of general circulation in the county or counties in which the work is to be performed. The second publication must be on or before the tenth VI -6 O (10th) day before the first date bids may be submitted. The bids must be opened by an officer or employee of the City at or in an office of the City. 2. To employ a construction contractor who is approved by the Director of the Department having jurisdiction over the facility to be so constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets. 3. To require the contractor to furnish to the City payment, performance and maintenance bonds in the names of the City and the developer for one hundred percent (100%) of the contract price of the facility, said bonds to be furnished before work is commence. Developer further shall require the contractor to provide public liability insurance in the amounts required by the City's specifications covering that particular work. 4. To give 48 hours notice -to the department having jurisdiction of intent to commence construction of the facility so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. 5. To secure approval by the Director of the Department having jurisdiction of any and all partial and final payments to the contractor. Said approval shall be subject to and in accordance with requirements of . this agreement, and is not. to constitute approval of the quantities of which payment is based. 6. To delay connections of buildings to service lines of sewer and water mains constructed under this contract until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. VI -7 O O 7. It is expressly understood by and between the developer and the City of Fort Worth, that in the event the developer elects to award one single construction contract for storm drainage and pavement, said contract shall be separated in the bidding and City participation, if any, shall be limited to the lowest possible combination of bids as if each of the above were awarded as separate contracts. I. Anything to the contrary herein notwithstanding, for and in consideration of the promises and the covenants herein made by the City, the developer covenants and agrees as follows: 1. The developer shall make separate elections with regard to water and/or sanitary sewer facilities, "storm drainage, street improvements and street lights as to whether the work prescribed herein shall be performed by the City, or by its contractor, or by the developer, through its contractor. Each separate election shall be made in writing and delivered to City no later than six (6) months prior to the expiration of this agreement. In the event any of such separate elections has not been made and delivered to City by such date, it shall be conclusively presumed that the developer has elected that such work be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph V -F hereof. 2. Irrespective of any such election and whether the work is to be performed by the City, or by its contractor or by" the developer through its contractor, the developer covenants and agrees to deliver to the City a performance and payment guarantee in accordance with the provisions of Paragraph V -F of this agreement. 3. In addition to the guarantee required in the preceding paragraph, in the event developer elects that the work be performed by the City, or by the City's contractor, or such election is presumed as provided above, the developer covenants and agrees to pay to the City the developer's share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections I, II, III, IV, V and VI hereof, based upon the lowest responsive bid for such work, as determined by City, or upon a cost estimated to be performed by City VI -8 O O forces prepared by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the subject work. • Such estimated payment shall be made promptly upon demand by City, it being understood that such payment will be made after the receipt of bids for work, but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. 4. Developer further covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless and defend the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, this. agreement or the construction of the improvements or facilities described herein, whether or not causes, on whole or in part, by the negligence of officers, agents, employees, licensees, invitees, contractors or subcontractors of the City; and in addition the developer covenants to indemnify, hold harmless and defend the City, its officers, agents and employees from and against all claims, suits, or causes or action or any nature whatsoever brought for, or on account of any injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work or an account of any act, intentional or otherwise, neglect or misconduct of the developer, its contractors, subcontractors, agents or employees, whether or not caused, on whole or in part, by the negligence of officers, agents, employees, licensees, invitees, contractors or subcontractors of the City. 5. Developer covenants and agrees that it discriminates against no individual involving employment as prohibited by the terms of Ordinance No. 7278 (as amended by Ordinance No. 7400), an ordinance prohibiting discrimination in employment practice because of race, creed, color, religion, national origin (except for illegal aliens), sex or age, unless sex or age is a bonafide occupational qualification, subcontractor or employment agency, either furnishing or referring applicants to such developer, nor any agent of developer is discriminating against any VI -9 o • o Individual involving employment as prohibited by the terms of such Ordinance No. 7278 (as amended by Ordinance No. 7400). J. The attached Exhibits Appendix "A", A, Al, B, B1, C, and D, and Location Map are made a part hereof for all intents and purposes. K. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. L. The City's Policy for the Installation of Community Facilities, as adopted by the City Council on September 1992, is hereby incorporated herein by reference, and Developer covenants and agrees to comply with said Policy as a condition of this contract and as a condition to the platting of the subject property. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said developer ha�s�executed this instr ent in quadruplicate, at Fort Worth, Texas this the /_day of , 19j ATTEST: loria Pears n City Secretary APPROVED AS TO FORM AND LEGALITY: Gary . teinberger Assistant City Attorney C- /g377 Contract Authorization Date CITYUTF)FORO, TEXAS B Mike roomer Assistant City Manager DEVELOPER: Centex Homes o O FORT WORTH 77 1709 JPARK GLEN GRAPEVINE 1-30 0 co M ARLINGTON LOCATION MAP OCN=p \Job\ 9T 13T6\ C 1 N\ 3T6LCFA. dgn DEW AIRPORT 4 IRVING • LOCATION MAP PARK GLEN ADDITION • PHASE XI SECTION 1 Carter it Burgess C4&T & MJWM INC. UMI Wigan $trwt PROJECT NO. t►Ttsfol• 21 20 19 to �� • 16 \ I5 12 22 11 21 20 10 1E 19 8 23 6 25 24 22 5 7 LEGEND O PROP. WATER LINE PROP. GATE VALVE PROP. FIRE HYDRANT EXIST. WATER LINE EXIST._ GATE VALVE EXIST. FIRE ' HYDRANT LIMITS OF PROJECT OGN=q' \Job\ 971376\ C I V\ 376LCFA. dgn 107 100 .S ' rd Is 10 0 SCALE' 1" = 200' OFFSITE WATER EXHIBIT 'A' (2 OF 2) PARK GLEN ADDITI( PHASE XI SECTION ei Carter:: Binges CARTER & BURGESS,-INC. 3U$0 Nulsn StrNt Fort Worth. Tx 76107-7254 (617) 735-6000 Fax (617) 735-61 PROJECT NO. 971376010 5J t u :I:iEtfr ?t \ +, ��/ w75 LEGEND PROP. SANITARY SEWER PROP. MANHOLE EXIST. SAN MARY SEWER EXIST. MANHOLE LIMITS OF PROJECT 103 DGN=gt\]ob\971376\CIN\376LCFA. dgn i! /4 SCALE( 1" = 200' SANITARY EXHIBIT SEWER 'A-i' PARK GLEN ADDITIOT PHASE XI SECTION 1 « Carter 1" Burgess CARTER & BURGESS, INC. 3800 Hulun 54r*rt Fort Worth, Tx T5107-7254 (817) 735-1000 Fax ti1T> 7351 PROJECT NO. 971376010 90 x SCALE. 1" = 200' fs \7 i�.111.1.1.••i.D.�. • �'11•1•ii1.11.1��• ...,...4.444...•. •::::.•:.❖; :o: ; 466.4 .6666:: 66.44::... ,r .. STREETS EXHIBIT 'B' PARK GLEN ADDITIO1 PHASE XI SECTION 1 c CarferaBurgeal cm & .*OCSS. Hc. m e Ktlafl $W..+ r: TI ro'clstTt TJK14 PROJECT N0. !71371010 1UArCu n to' 4UH s \`. / Ix 0' @ ,I / rC110 1 NLET. , ? !c -- \ C.LATERAL 10 __._ t -J / \7T.\ \ " 21 TERAL \ 1 , 0 21" LATERALS_ 24" RCP 5' SDMH 27" RCP LEGEND '-36" RCP 36" HDWL PROP. STORM DRAIN LINE PROP. INLET PROP. MANHOLE PROP. HEADWALL' _< EXIST. STORM DRAIN LINE ---------- LIMITS OF PROJECT •• DON =a ! ob\ 971376\ C I V\ 376E CFA. don N SCALES 1" = 200' 48" RCP 10-10' x8' MULTIPLE t SEA! BOX CULVERT -10' INLET 21" LATERAL �--- 4' SDMH -24" RCP -24" HDWL 24" RCP STORM DRAIN EXHIBIT 'B-1' PARK - GLEN ADDmOD PHASE XI SECTION 1 C- Carter a Burgess CA TE? a sI*O€SS, NC. 3OIS oil" $'M.Stt n1Tt fcr 4 iitliitr?4T3s-u41 PROJECT N0. STISTio10 t.. I :t tt tf y 60 $4 ii $1-' u • k ros f ♦ to 03 tv �' � x 9 ro :3 ro I s �\ t II.._.( \. I / 2 . r6 r � \\ ''\I 3* t LEGEND PROP. SINGLE STREET LIGHT S EXIST. SINGLE STREET LIGHT O (ON STEEL POLE WITH STREET AND STOP 'SIGNS ATTACHED) PROP. STREET SIGN _ EXIST. STREET SIGN LIMITS OF PROJECT —. DGH o. \ J obi 971376\C I V\ 376LCFA. dgn / SCAIEI 1" = 200' II 4/ 1 1/' STREET LIGHTS EXHIBIT 'C' PARK GLEN ADDL TIC PHASE XI SECTION C -C-: Carter Burger c is & $ IOESS. RAC. 3EN *fl $Irwt ii+i1 ss 4 H »s -s+ PROJECT N0. 97/376010 EXISTING PARK \ = \ _. LOT 20 �: ( (BLOCK 108) �•.\ \ �'�� PARK EXISTING PARK LEGEND PARK LIMITS OF PROJECT OGN=p: \ Job\ 971376\C I V\ 376LCFA. dgn / -\ \ PARKS EXHIBIT 'D' PARK GLEN ADDITI( PHASE XI SECTION C Carter r- Burger CARTER & BURGESS, INC. 3000 Hulun $tr4Nt• Fort worth, Tx 70117-7254 ($17) 7354000 Fox 10171 735-0 PROJECT NO. !71376010 PERFORMANCE BOND THE STATE OF TEXAS X Bond No. 5936603 COUNTY OF TARRANT X KNOW ALL MEN THESE PRESENTS: That we (1) CENTEX HOMES , a (2) Corporation of 2800 Surveyor, Carrollton, TX 75006 , hereinafter called Principal, and (3) SAFECO INSURANCE COMPANY OF AMERICA a corporation organized and existing under the laws of the State of Washington , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Forth Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinatfer called Owner, in the penal sum of One Million One Hundred Forty Nine Thousand Eight Hundred Seventy Eight and 40/100 - - - - - - - - - - - - - ($ 1,149,878.40 ) Dollars in lawful money of the United States, to be paid in Forth Worth, Tarrant County, Texas, for the payment o1 which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain short form Community Facilities Agreement dated a copy of which is hereto attached and made a part hereof, with the City of Fort Worth, Texas, the Owner, dated , for the construction of street improvements, ����water, sanitary sewer, box culverts, storm drain, and street lights and signs. (itu k- 616.1 fi OL1ui. ?igc,t. 1 1, Sec gw1—I-o6b 'Y7ot5 s4 designated as Project No. , which contract is hereby referred to and made a part hereof as fully and Ps44-o-7oa6013iwo ai3e-4 193`1 to the same extent as if copied verbatim herein, such project and construction being hereinafter referred to as the "work". S-aaaa/GEEF 8197 O 0 NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be'granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims artd demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and prepay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is i original, this the 14th day of April ATTEST: (Principal) Secretary (SEAL) Witness to Principal ;xecuted in six counterparts each one of which shall be deemed an AD., 1998 CENTEX HOMES PRINCIPAL (4) BY: '6/ds_ yt€ G t13,,G .ur 0,18/ CcYL�et, i 7,��0 (Address) ATTEST: (Sure Secretary (SEAL) Wi ess as o Surety 2200 loss Ave, Suite 3300, Dallas, TX (Address) 6 T z≤≥6 (Address) SAFECO INSURANCE COIIQPANY OF AMERICA (5) SAFECO Plaza, Seattle, WA 98185 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact. S-4488/GEEF 8/97 POWER AFECO INSURANCE COMPANY OF AMERICA rA�I GENERAL INSURANCE COMPANY OF AMERICA QF ATTORNEY HOME OFFICE: SAFECO PLAZA SAFECOO SEATTLE, WASHINGTON 98185 Y G , No. 10130 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington Corporation �k***X*XXXXhereby appoint xxxxxxx*xx*****x**x***xx*'xxxxx**xx*xx* ALLYSON DEAN, Dallas, Texas its true and lawful attorney(s)—in—fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 19 CERTIFICATE day of February , 19 98 Extract from the By —Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys —in —fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By —Laws, and (ii) A copy of the power —of —attorney appointment, executed pursuant thereto, and (iii) Certifying that said power —of —attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1. R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By —Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By —Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corpor ' n this T T_ day of 19 S-9741EP 1193 ® Registered trademark of SAFECO Corporation. �i�i Carter =: Burgess Consultants in Planning, Engineering, Architecture, Construction Management, and Related Services November 6, 1998 Ms. Raquel Velasquez Transportation & Public Works City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Reference: Park Glen Addition, Phase XI, Section 1 City Participation — C&B 971376010 Dear Ms. Velasquez: The above -referenced project has been completed and accepted by the city. Pursuant to the CFA, we request Parks Department's participation for paving in the amount of $70,498.10 and participation from'Transportation & Public Works for the box culverts in the amount of $33,122.98. Enclosed are the following materials: Final Payment Request and Affidavit of Payment from Gilco Contracting for the,paving improvements. 2. Final Payment Request and Affidavit of Payment from Humphrey and Morton Construction Company for the box culverts improvements; and 3. One copy each of the Final Plat and sheets 9, 11, 12, and 20 of the construction plans showing city participation portion, quantity take -off, and participation costs computation. Please issue the check to: Centex Homes Attention: Mr. Robert Poole 2800 Surveyor Boulevard Carrollton, Texas 75006 Carter & Burgess, Inc. 3880 Hulen Street Fort Worth, Texas 76107-7254 Mailing address: PO Box 985006 Fort Worth, Texas 76185-5006 (817) 735-6000 Metro 429-0170 Fax (817) 735-6148 Ms. Raquel Velasquez November 6, 1998 Page 2 Please call me at 817/735-7129 if have any questions or if you need additional materials Sincerely, CARTER & BURGESS, INC. alccr. a. Luis A. Villamil, P.E. Project Manager LAV/Iv Enclosure 97137620.L10 cc: Correspondence Civil - LAV Mr Randall Harwood - Fort Worth Parks and Community Services Dept. (with enclosures) Mr. Robert Poole,.Centex Homes (with enclosures) ESTIMATE IVUMBEC THREE AND FINAL CONTRACTOR: HUMPHREY AND MORTON CONSTRUCTION CO., INC. PROJECT. PARKGLENN ADDITION PHASE XI SECTION 1 OWNER: CITY OF FORT WORTHICENTEX HOMES, INC. WORK DESCRIPTION: BOX CULVERT, MISC. PAY PERIOD FROM_ AUGUST 1• 1993 TO AUGUST 31. 1898 ITEM DESCRIPTION BID QUANTITY UNIT TO DATE UNIT QUANTITY PRICE AMOUNT THIS MONTH QUANTITY AMOUNT WORK TO COMPLETE SECTION B STORM DRAIN SYSTEM 0.00 0.00 0.00 I 1 0BBL 10x8 BOX CULVERT CY UG.00 486.00 319.15 155106.90 0.00 0.00 2 CHANNEL EXCAVATION LS 1.00 1.00 12090.00 12090.00 0.50 8045.00 3 ADDITIONAL CHAN EXCAV LS 1.00 1.00 10350.00 10350.00 1.00 10350.00 0.00 TOTAL AMOUNT 17756.00 16395.00 10% RETAINAGE 0.00 0.00 SUB TOTAL 177546.90 16395.00 CONTRACTOR APPROVAL• MATERIALS ON HAND: 0.00 LESS MATERIAL ON HAND 0.00 INSPECTOR APPROVAL: PREVIOUS PAYMENT 161151.90 PUBLIC WORKS APPROVAL: PAYMENT AMOUNT 16395.00 ENGINEERS APPROVAL HUMPHREY A MORTON CONSTRUCTION AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a Notary Public in The state and county aforesaid, on this day personally appeared S. e , Pr-c5irle_P1t ,of l 'tun 55 �r hvi c n may, '-/ . known to me to be a credible (Company Name) � person, who being by me duly sworn, upon his oath deposed and said; That all persons, firms, associations, corporations or other organizations furnishing labor and/or materials have been paid in ful]; That the wage scale established by the City Council in the City of Fort Worth has been paid; and That there are no claims pending for personal injury and/or property damages; On Contract described as; -DO E-/ /4'i? rai Subscribed and sworn before me on this / " day of Notary 5e -(-,on/ rf Notary t'TEX GILCO CONTRACTING, INC. P.O. BOX 24442 FORT WORTH, TEXAS 76124 (817) 516-0596 PAY ESTIMATE ESTIMATE: FINAL PROJECT NUMBER 229 PROJECT: PARK GLEN ADDITION, PHASE Xi, SECTION I INVOICE NUMBER 2293 DATE: 8/30/98 OWNER: CENTEX HOMES 2800 SURVEYOR BLVD. CARROLLTON, TEXAS 75006 ATTN: ROBERT POOLE FAX# (972) 417-O422 WORK DESCRIPTION: SUBORADS STAB.,CONC. PAVING, MISC. PAY PERIOD FROM: AUG. It 1998 TO AUG. 311998 CONTRACT AMOUNT QTY TO DATE COST TO DATE QTY THIS EST. COST THIS ESTIMATE % ITEM DESCRIPTION QTY UNIT UNIT PRICE STREET IMPROVEMENTS 1 6" LIME STAB. SUBGRADE 6415.00 S.Y. $1.50 $9,622.50 6415.00 $9,622.50 $0.00 100% 2 LIME(30l/SY) 96.00 TON $87.00 58,352.00 96.00 S8,352.00 S0.00 100% 3 S"REIN. CONC. PAVEMENT 4285.00 S.Y. $18.11 $77,601.35 4285.00. 577,601.35 50,00 100% 4 6" REIN. CONC. PAVEMENT 1930.00 S.Y. $23.30 $44,969.00 1930.00 $44,969.00 50.00 100% 5 BARRICADES 50.00 L.F. $50.00 $2,500.00 28.00 51 ,400.00 50.00 56% 6 STORM WATER MANAGEMENT 1.00 L.S. $100.00 S 100.00 0.00 $0.00 50.00 0% STREET IMPROVEMBNTS/PART 1 6" UME STAB. SUBORADE 16350.00 S.Y. $1.15 $18,802.50 16350.00 518,802.50 50,00 100% 2 LIME(30,V/SY) 246.00 TON $97.00 $21,402.00 246.00 $21,402.00 $0.00 100% 3 S" REIN. CONC, PAVEMENT 15615.00 S.Y. $18.11 5282,787.6'S 15513.00 $280,940.43 50.00 99% 4 5 C/O 1 C/b2 TOTAL BARRICADES HANDICAP RAMPS BRICK PAVERS ABASE 240.00 30.00 16.00 1.00 S.Y. L.F. EA LS $26.40 S50.00 $650.00 $6,455.00 $6,336.00 $2,500.00 $10,400.00 54,455.00 5491,8 28.00 349.00 28.00 16.00 . 1.00 $9,211.60 $1,400.00 $10,400.00 $6,455.00 5490,558.38 50.00 $0.00 £0.00 S0.00 1 S0.00 I 145% 56% 100% 100% 100% Page I of 2 GILCO CONTRACTING, INC. P.O. BOX 24442 FORT WORTH, TEXAS 76124 (817) 516-0596 PAY ESTIMATE PROJECT: 229 G CONT ORS PROV L: BY: ILREATH PRESIDENT TOTAL CONTRACT PRICE: TOTAL BILLED TO DATE: RETAINAGE: SUBTOTAL: TOTAL THIS ESTIMATE: RETAINAGE: SUBTOTAL: PREVIOUS PAYMENTS: PAYMENT AMOUNT: 10% 10% $491,828.0D $490,558.38 $0.00 $490,558.38 $0.00 $0.00 $0.00 $441,502.54 $49,055.84 Page 2 of 2 vo. 40/ 00 L .. J I rAA 1QJ 04 AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a Notary Public in The state and county aforesaid, on this day personally appeared 1- 17r'P , of (Name&/LO(JfO]74AU?n(Title) own to me to be a credible (Company ame) person, who being by me duly sworn, upon his oath deposed and said; Thai all persons, firms, associations, corporations or other organizations furnishing labor and/or materials have been paid in full; That the wage scale established by the City Council in the City of Fort Worth has been paid; and That there are no claims pending for personal injury and/or property damages; On Contract described as; '-fr - + r p i Subscribed and sworn before me on this II day of , fir.,•., � �_.....� ..,rte. �, ^.,�._�.�.., KAY BAP.NEY Notary Pu is ' Tarrant County, Tex jr•'' Notary Pubfic STATE OF TEXAS ' r R*" tAy Comm. a 1G/Z6�%9 -qr City of Fort Worth, Texas 41Delgor nod Council commu"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 4/13/99 **C-17377 20GLEN 1 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH CENTEX HOMES FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR PARK GLEN ADDITION PHASE XI, SECTION I RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Centex Homes for the installation of community facilities for Park Glen Addition Phase XI, Section I. DISCUSSION: Centex Homes, the developer of Park Glen Addition Phase XI, Section I, has executed a proposed contract for community facilities to serve a single-family (112 lots) development located in Northeast Fort Worth, north of Loop 820, west of Highway 377 between Part Vista Boulevard and North Beach Street. This development is located in COUNCIL DISTRICT 4. This Community Facilities Agreement is in compliance with standard City policy. This project does not require the construction of sidewalks. ESTIMATED COSTS: Project Cost Developer City Park Total I. Water $ 180,555 -0- $ 960 $ 181,515 Sewer 182,296 -0- 1,144 183,440 Construction Inspection Fee 7,257* -0- -0- 7,257 II. Street Improvements Construction 392,675 -0- 69,710 462,385 Design Engineering -0- -0- 4,183 4,183 Construction Inspection Fee 7,854* $ 19,633 4,880 32,367 Storm Drain Improvements Construction 279,892 43,263 -0- 323,155 Design Engineering -0- 2,596 -0- 2,596 Construction Inspection Fee 5,598* 17,023 -0- 22,621 III. Street Lights 55,000 -0- -0- 55,000 IV. Street Name Signs 560 -0- -0- 560 TOTAL PROJECT COST $1,111,687 $82,515 $80,877 $1,275,079 City of Fort Worth, Texas "agor Arid Council Communication DATE 4/13/99 REFERENCE NUMBER **C-17377 LOG NAME ` 20GLEN PAGE # 2 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH CENTEX HOMES FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR PARK GLEN ADDITION PHASE XI, SECTION I PLANNING COMMISSION APPROVAL: On October 22, 1997, the Planning Commission approved application for a Preliminary Plat (PP -97- 0046). The 'Final Plat (FP -98005) has been submitted to City staff for review. Payment' on the park participation is contingent on dedication of additional park land as noted on the Final Plat. On March 28, 1997, the City Council adopted the Park Dedication Policy which states: "The City will bear the cost of all improvements including streets, water, sewer and storm drainage normally considered for cost distribution to the frontage directly related to the park site." FISCAL `INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Street frfiprovements Fund and the Parks and Recreation Improvements Fund. MG:j Submitted for City Manager's FUND ACCOUNTCENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 ITY. COUNCIL. Originating Department Head: Hugo Malanga 7801 APR 13 1999 (from) ) C115 541200 020115095214 $36,656.00 Additional Information Contact: C115 541200 020115136267 $43,263.00 Hugo Malanga 7801 City f °� of the City of Fort Worth, Tezms C115 C115 541200 541200 020115136267 080050500280 $ 2,596.00 $80,877.00