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HomeMy WebLinkAbout024917 - Construction-Related - Contract - Sheffield Development Company, Inc.COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS S City Secretary Contract No. i R 17 COUNTY OFTARRANT S S. WHEREAS, Sheffield Development Corporation, hereinafter called "Developer", desires to make certain improvements to Park Glen Addition, Phase 12, Section 4, 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 Gary Sheffield, its duly authorized Owner 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: OCOAL RECORD CRMCQ QY �a G'T • SECTION ONE COMMUNITY FACILITIES AGREEMENT to install WATER AND SEWER SERVICES for PARK GLEN ADDITION, PHASE XII, SECTION 4 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 $_54,300. 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 Fifty - Three Thousand, Eight Hundred Thirty Dollars ($153,830). 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 $ 54,300. 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 Sixty Thousand, Nine Hundred Eighty Dollars 160 980). I-1 O PROJECT NAME: PARK GLEN ADDITION, PHASE XII, SECTION 4 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 PROJECT NAME: PARK GLEN ADDITION, PHASE XII, SECTION 4 (1) WATER FACILITIES: Estimated ** Developer Estimated Total Cost City Cost Cost (a) Mains, Within Development $ 152,699.00 $ -0- $152,699.00 Approach $ -0- $ -0- $ -0- (b) Easements* $ -0- $ -0- $ -0- (c) Services 181 - single 1") $ 54,300.00 $ -0- $ 54,300.00 (d)Park Participation $ -0- $ 1,131.00 $ 1,131.00 Sub -Totals, Water $ 206,999.00 $ 1,131.00 $208,130.00 (2) SANITARY SEWER FACILITIES: (a) Development - $ 159,633.00 $ -0- $ 159,633.00 Approach $ -0- $ -0- $ -0- (b) Easements * $ -0- $ -0- $ -0- (c) Services ( 181 -4") $ 54,300.00 $ -0- - $ 54,300.00 (d)Park Participation $ -0- $ 1,347.00 $ 1,347.00 Sub -Totals, Sewer $ 213,933.00 $ 1.,347.00 $ 215,280.00 (3) TOTAL CONSTRUCTION COST: $ 420,932.00 $ 2,478.00 $ 423,410.00 (4) CONSTRUCTION INSPECTION FEE: $ 8,419.00 $ -0- $ 8,419,00 *to be dedicated by the developer. ** see Page 6 for City Cost I-3 O s� PROJECT NAME: PARK GLEN ADDITION, PHASE XII, SECTION 4 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 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 XII, SECTION 4 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 7 l Date I-5 0 0 - STREET AND STORM DRAIN IMPROVEMENTS A. GENERAL PROVISIONS: 1. The Developer acknowledges that he has complied with Article 104.100 of Ordinance 7234 and heresy 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 Commission 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 -I", 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 CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 O 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 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 CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 11-2 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 participation, 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. 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 lI-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. CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 II -3 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 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 improvements 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, PHASE 12, SECTION 4 11-4 Q 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, PHASE 12, SECTION 4 II -5 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 feet 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 CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 II -6 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. 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 ate 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 matenais 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, PHASE 12, SECTION 4 11-7 4. Estimate of Construction Cost Unit Developer Park" City Total Item Quantity Price Cost Cost Cost Cost 28' Wide Roadway 6,870 L.F. $65.00 $424,092 $22,458 -0- $446,550 5" Reinf. Conc. 6" Lime Stab. Subgr. Sub -Total $424,092 $22,458 $-0- $446,550 10% Contingencies 42,409 2,246 -0- 4,655 Total $466,501 $24,704 $-0- $491,205 "Park's participation due to proposed park site is $_24.704 for 691 L.F. CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 II -8 Q O 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, PHASE 12, SECTION 4 II -9 O 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. CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 II -10 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 - 2,0b0 35 2,001 - 2,500 40 2,501 - 3,000 45 3,001 - 3,600 50 3,601 - 4,200 55 4,201 - 4,800 60 4,801 - 5,400 65 5,401 - 6,100 70 6,101- 6,800 75 6,801 - 7,500 80 7,501 - 8,300 85 8,301 - 9,100 90 9,101 -10,000 95 Over 10,000 100 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 CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 O 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. 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 participa- tion 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 CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 11-12 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 dash 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 *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, PHASE 12, SECTION 4 II -13 4. Estimate of Construction Cost Item Quantity Unit Price Developer Cost Park* Cost City Cost Total 42" RCP 412 L.F. $70.00 $19,005 $9,835 $-0- 28,840 36" RCP 167 L.F. 55.00 6,077 3,108 -0- 9,185 30" RCP 34 L.F. 40.00 1,360 -0- -0- 1,360 27" RCP 29L.F. 36.00 1,044 -0- -0- 1,044 24" RCP 732 L.F. 32.00 23,424 -0- -0- 23,424 21" RCP 90 L.F. 28.00 2,520 -0- -0- 2,520 Trench Safety 1,464 L.F. 1.00 1,267 197 -0- 1,464 Std. 10' Curb Inlet 8 Ea. 2,200 17,600 -0- -0- 17,600 Std. 15' Curb Inlet 2 Ea. 2,800.00 5,600 -0- -0- 5,600 4' Square Manhole 2 Ea. 3,000.00 6,000 -0- -0- 6,000 5' Square Manhole • 1 Ea. 3,500.00 3,500 -0- -0- 3,500 42" Type "B" Headwall 1 Ea. 2,800.00 1,400 1,400 -0- 2,800 36" Type "B" Headwall 1 Ea. 2,400.00 1,200 1,200 -0- 2,400 Sub -Total 10% Contingencies Total $89,997 $15,740 9,000 1,574 $98,997 $17,314 *Park's City's participation due to proposed park site is $ 17,314 CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 II -14 $-0- $105,737 -0- 10,574 $-0- $116,311 C D. STREETS TO BE IMPROVED ON THE ASSESSMENT BASIS: 1. The Developer hereby agrees that the following streets and storm drains as shown on Exhibit "B" and "B-1" as described below, will be improved on the assessment basis at which time in the future that the Fort Worth City Council determines in its sole discretion that development warrants constructing this street. The Developer's participation will be calculated based on assessment paving policy in effect at the time of the assessment. NORTH BEACH STREET — From the south property line of Lot 49, Block 123 Park Glen Addition northward approximately 1,193 L.F. to the north property line of Lot 18, Block 124 consisting of % - 2-36' wide roadway of major arterial grade. 2. Cost Distribution a. The City shall bear all of 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. The Developer shall put up a cash deposit, or performance and payment bonds acceptable to the City for 1/2 the cost of the street paving and drainage improvements plus an additional two percent (2%) of the estimated construction costs for construction inspection and materials testing, as required at the time of execution of this Agreement. c. 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). d. The Developer's participation in the cost of the storm drainage facilities will be calculated in accordance with Section VI of the Policy for the Installation of Community Facilities and shall be installed in accordance CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 II -15 O e. The above improvements must be advertised for and the City must receive bids, award the contract, hold a benefit hearing, and comply with the requirements of the State Statutes and City Charter. f. The Developer's participation must be paid in full at the time of the construc- tion contract award. g. The Developer hereby agrees that the amount of his participation in the cost of the above improvements represents the enhancement in value and special benefits to his property as such is defined in Vernon's Texas Civil Statutes, Article 1105-B, Sections 7 and 9. h. At such time that the Developer exchanges ownership of the property adjacent to the street(s), the -City shall convert all deposits to cash in order to insure the construction and design of the facilities as shown in Exhibits "B" and "B-1" and as described in this agreement. 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, PHASE 12, SECTION 4 1I-16 O O 5. Estimate of Construction Cost A. Street Construction Unit Developer City* Total Item Quantity Price Cost Cost Cost %r2-36' Wide Roadway 1,193 L.F. $116.00 $76,352 $62,036 $138,388 7" Reinf. Conc. 6" Lime Stab. Sub r. 4' Std. Wide Sidewalk 1,133 L.F. 12.00 13,596 -0- 13,596 Sub -Total A $89,948 $62,036 $151,984 10% Contingencies 8,995 6,203 15,198 Total A $98,943 $68,239 $167,182 B. Storm Drain Construction*** 1 L.S. Developer City* Total Item Quantity Cost Cost Cost Storm Drainage 1,193 L.F. $3,000.00 $3,000 $-0- $3,000 Facilities Sub -Total B $ 3,000 $ -0- $ 3,000 10% Contingencies 300 -0- 300 - Total B $ 3,300 $ -0- $ 3,300 Total A + B $102,243 $68,239 $170,482 *Represents 50% of estimated cost. **City's participation due to facilities constructed adjacent to City Parks: Streets $_-0- ; Storm Drain $ -0- ***All costs for the construction of Storm Drainage Improvements are estimates. The actual cost distribution for all the required Storm Drainage Facilities will be determined at the time of construction. CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 II -17 O D. SUMMARY OF COST: Developer Park City Total Street Improvements Construction $466,501 $24,704 $-0- $491,205 Design (6_6_% of Construction Cost) 1,482 -0- 1,482 Construction Engineering and Administration 9,3308 1,729d 23,325d 34,384 7 % of Construction Cost ' Storm Drain Improvements Construction $98,997 $17,314 $-0- $116,311 Design of Construction Cost) 1,039 -0- 1,039 Construction Engineering and Administration 1,980 3468 8,142d 10,468 9 % of Construction Cost) Street Light Improvements (III) Construction $67,760 $-0- $-0- $67,760 Design -0--% of Construction Cost) 1,355 -0- 5,421 6,776 Construction Engineering and Administration 10% of Construction cost Street Name Sign Improvements (IV) Construction $800 $-0- $-0- $800 Total Cost $646,723 $46,614 $36,888 $730,225 Assessment Paving Construction: Streets and $102,243 -0- $68,239 $170,482 Storm Drain Design Engineering — (6%) -0- 4,094 4,094 Assessment Administration — (1%) 1,022 -0- 682 1,704 Construction Engineering and Administration (8%) of Construction Cost 2,045 C -0-t 11,594 t 13,639 Special Services -0- t -0- t -0- Right-of-Way Costs -0-t- -0-t -0- TOTALS (Asmt. Paving) $105,310 84,609 189,919 TOTALS (THIS PROJECT) $752,033 $46,614 $121,497 $920,144 *The sum of $_752.033 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. CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 II -18 o : `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: Streets $_24.704: Storm Drains $17.314 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 administration cost. Recomf ended Hu&lAalanga, P.E., Director Zortation and Public Works � Date Based on Policy Revised September, 1992 PpNtF CFA Code: 98033 j CONTRACT FOR: PARK GLEN, PHASE 12, SECTION 4 II -19 O 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 must pay the 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 12, SECTION 4 Fort Worth, Texas May 5, 1998 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 $13,600.00 Street Lights $44,480.00 TOTAL DEVELPOER'S COST $58,080•.00 PARK GLEN ADDITION PHASE 12, SECTION 4 Fort Worth, Texas III -2 May 5, 1998 III STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 9 EA $ 2,000 $18,000 Gila Bend Ln. & Buffalo Bend Place Buffalo Bend Place & Zion Tr. Buffalo Bend Place & Buffalo Bend Ct. Beach Street & Gila Bend Ln. Zion Tr. & Gila Bend Ln. Keechi Creek Ct. & Gila Bend Ln. Zion Tr. & Zion Tr. Zion Tr. & Timren Tr. Keechi Creek Ct. & Timren Tr. MID -BLOCK RESIDENTIAL 10 EA $ 2,000 $ 20,000 2 each on Buffalo Bend Place 4 each on Gila Bend Ln. 2 each on Timren Tr. 2 each on Keeche Creek Ct. CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 2,000 $ 6,000 1 each in cul-de-sac on Buffalo Bend Ct. 1 each in cul-de-sac on Timren Tr. 1 each in cul-de-sac on Keechi Creek Ct. MID -BLOCK ARTERIAL MEDIAN 8 EA $ 2,200 $17,600 8 on Beach Street Subtotal City's Cost Developer's Subtotal 10% Contingencies 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 12, SECTION 4 Fort Worth, Texas III -3 $61,600.00 $ ---0--- $61,600.00 $ 6,160.00 $67,760.00 $ 9,680.00 $58,080.00 $13,600.00 $44,480.00 October 28, 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 ten (10) intersections at -a cost to the Developer -of -$800.00: Gila -Bend Ln. & Buffalo Bend Place Buffalo Bend Place & Zion Tr. Buffalo Bend Place & Buffalo Bend Ct. Beach Street & Gila Bend Ln. Zion Tr. & Gila Bend Ln. Keechi Creek Ct. & Gila Bend Ln. Zion Tr. & Zion Tr. Zion Tr. & Timren Tr. Keechi Creek Ct. & Timren Tr. Keechi Creek 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 12, SECTION 4 Fort -Worth, Texas IV -1 May 5, 1998 O V 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 V-1 o .� 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 Pacility 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). V-2 Q 2. For Paving Assessment: 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. 4. Types of Guarantees: a. Performance and Payment Bonds: Are required for the construction of streets, storm drains, street lights, and street name signs, the following terms and conditions shall apply: V-3 (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. (2) When a cash deposit is made, the additional twenty-five percent (25%) beyond the one hundred percent (100%) of the estimated V-4 a 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 $25,000. Proof that the developer has paid the contractor shall be required for partial releases. V-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 (10%) 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 (10th) day before the first date bids may be submitted. V-6 O 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. 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 V-7 O 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. 1. 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, 11, 111, and IV hereof, based upon the lowest responsive bid for such work, as determined by City, or upon a cost estimated to be performed by City forces prepared by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the subject work. Such estimated payment shall be made promptly upon demand by City, it being V-8 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 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, Bi, C and D, and Location Map are made a part hereof for all intents and purposes. V-9 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 has executed this instrument in quadruplicate, at Fort Worth, Texas this the day of 19 A EST: Gloria Pearson City Secretary APPROVED AS TO FORM AND LEGALITY: Gary J. teinberger Assistant City Attorney Contract Authorization nste CITY OF FORT By: Mike Groomer Assistant City Manager DEVELOPER: SHEFFIELD DEVELOPMENT CORPORATION jL BVcZ Gary Shpffieldl Owner V-10 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 Sheffield Development Corporation, Developer Gary Sheffield, President 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 deed to the public one parcel of land approximately 1.349 acres in size out of Park Glen, Phase 12, Section 4, for the purpose of a public park as so designated by the City Council, City of Fort Worth, the said parcel of land being the delineated area shown on the attached Exhibit "D", Parks, which is hereby incorporated herein by reference for identifying the land to be so dedicated. The deeding of said parks to the City shall occur no later than ninety (90) days after approval of this Addendum by the City Council of the City of Fort Worth. B. Developer agrees to have or to cause to have the said above described area, which is so with plans and specifications as approved by the City Parks and Community Services Department. Developers agree to provide a minimum of six (611) inches of topsoil over areas of cut and fill as well as areas disturbed by construction within the designated park areas. The topsoil shall be relatively free of rock and other debris. C. Developer agrees to seed areas of cut and fill and areas disturbed by construction with suitable grass as determined by the City Parks and Community Services Department. D. 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 prior to deeding of said areas to the City. This would include, but not be limited to, removal of trash and construction debris deposited on the said park areas. E. Developer agrees that there shall be no transfer of interest in said park area, either express or implied, prior to deeding, of said areas to the City without the consent of the City Manager, City of Fort Worth. D:bld d�WyD—"kCFAd&.k Gle . Pb— 1; Suety 4 Add.Jadx O F. The Developer will, at the time of dedication of the park, provide the Parks and Community Services Department with final plat drawings of the park that will be submitted and filed by the Parks and Community Services Department. The drawings will be provided at the expense of the Developers. G. The City Parks and Community Services Department's participation in this contract as to land acquisition, development and maintenance is subject to City Council approval and adequate funding of the project. Recommended: Richard Zavala, Director Parks and Community Services Department D:bid &ft%(y D.., \CFAeW.t Gle . Pb. It Sectiw 4 Addeebadae O 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 $ 1.131. 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 $ 1,347. 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. Delivery of required park dedication documents for the park property to the City. Whichever event occurs last. Recommended Richard Zavala, Director Parks and Community Services Department D:bld &MMy D --.k FAOP k Gk4 Pkw 12, S.d 4 Ad&,A—dx C► O 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 $ 27,915. 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. Delivery of the required park dedication documents for the park property to the City. Whichever event occurs last. Recommended, Richard Zavala, Director Parks and Community Services Department D.W "WY Daa IEFA.%N& CI+ m P. 11.9edio.4 Adde. dot O STORM DRAINAGE FACILITIES ATTRIBUTABLE TO PARK DEVELOPMENT A. One half of the charges for storm drainage improvements, including design engineering and inspection contingencies attributable to the Parks and Community Services Department at an estimated cost of$18,872. 18,872. B. The City's share of Storm Drainage improvement costs to the proposed park will be due and payable to the developers upon: 1. Completion of park storm drainage; and 2. Upon completion of repair of damage caused to the park during construction; and 3. Delivery of the required park dedication documents for the park property to the City. Whichever event occurs last. Recommended, FRic�harjdZqavala, ,Direct r d Community Services Department DA.1d &WW D-.ft\CFAeN& (31, Phre 12.9«tim4 Add..dnndx O 114 lr co GRAPEVINE DFW AIRPORT 1709 ti lj4 PARK GLEN PHASE XII-4 • �Zo IRVING 1-30 0 co M FORT WORTH ARLINGTON 820 rl) LOCATION MAP )GN=as \ 1 ob\ 971 568\ c I v\ r,4\ 568 I cfa. dan LOCATION MAP PARK GLEN ADDITIO] PHASE XII, SECTION CARTER & BURGESS, INC. Ma This+ SUM PO' MK)I TH.1X 7O7 - 7254 PROJECT NO. 971568010 C LEGEND SCALE; 1" = 300' PROP. SANITARY SEWER PROP. MANHOLE EXIST. SANITARY SEWER EXIST. MANHOLE LIMITS OF PROJECT PROPOSED SEWER LINES ARE 8" UNLESS OTHERWISE INDICATED SANITARY SEWER EXHIBIT 'A-1' PARK GLEN ADDITIO PHASE XII, SECTION «C CaHer ■ Burgess GARTER & BURGESS, INC. FORT WORIH.1X 7M7 - 7254 O O LEGEND PROP. WATER LINE PROP. GATE VALVE PROP. FIRE HYDRANT EXIST. WATER LINE EXIST. GATE LVE -►r EXIST. FIRE HYDRANT -� LIMITS OF PRO�IECT PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE INDICATED SCALEI 1" = 300' WATER EXHIBIT 'A' PARK GLEN ADDITIO J PHASE XII, SECTION c+: Carter>Burgess CARTER & BURGESS, INC. FM WO¢rw, rx 76W7 - 7254 DGN=as \ I Ob\ 971 5fiR\ r. I v\ nd\ c .R I rfri ririn oon.tcrr un o7i rcan� n LEGEND SCALE+ 1" = 300' STREETS PROP. 29' B -B ROADWAY/50' ROWE1 EXHIBIT 'B' PROP 37' B -B LANE/ 120' ROW PARK GLEN ADDITION WITH MEDIAN OPENING AND TURN LANES PHASE XII, SECTION 4 ALITY ONGPARTICIPATION CSC Carter a Burgess LIMITS OF PROJECT -'--ut-"-'- GARTER & BURGESS, INC. 3800 HLUN snW roar woan+. TX 76107 - 7254 $ DGN$ SPEC I F i CAT I ON PROJECT NO. 971568010 a r4 LIMITS OF PROJECT SCALES 1" = 300' PARKS EXHIBIT 'D' PARK GLEN • ADDTTIOI' PHASE XII, SECTION 4 C -f: Caarter • Burgess CARTER & BURGESS. INC. 7ORT Yd011H. U 7.7 - 7254 PROJECT NO. 971560010 I, I o\ '—c_.. -•• - ....I -- II_Ill I_II_I,_II_II_II_II_ II_ Il_I I_ 11_ 11_.I_ I I_ I I_ II_ II_II I T¢8A42( 9TREST LEGEND PROP. STORM DRAIN LINE PROP. INLET PROP. MANHOLE PROP. HEADWALL _____{ EXIST. STORM DRAIN LINE ___===y_==== LIMITS OF PROJECT _'u_'i_ii_.ui_ $DGN$SPECIFICATION SCALEF 1" = 300' STORM DRAIN EXHIBIT 'B-1' PARK GLEN ADDITION PHASE XII, SECTION 4 C/ Carter m Burgess CARTER & BURGESS, INC. 9880 HUIEN STREET FORT WORTH, TX 76107 - 7254 PROJECT NO. 971568010 1 -7 LEGEND ROP. SINGLE STREET LIGHT 2OP. DOUBLE STREET LIGHT �--� KIST. SINGLE STREET LIGHT O-0 KIST. SINGLE STREET, LIGHT O DN STEEL POLE WITH STREET VD STOP SIGNS ATTACHED) ROP. STREET SIGN KIST. STREET SIGN A IMITS OF PROJECT SCALE' I" = 300' STREET LIGHTS EXHIBIT 'C' • PARK GLEN ADDITIOI' PHASE XII, SECTION 4 C - Carter .Burgess GARTER & BURGESS, INC. 3M WO 1Mmgr FORE WOR. IX 747 - M4 0 0 COMPLETION AGREEMENT This Completion Agreement (hereinafter called the "Agreement") is made and entered into by and among the City of Fort Worth (hereinafter called the "iv_"), Sheffield Development Company, Inc., a Texas corporation (hereinafter called the "Developer"), and Bank of Commerce (hereinafter called the "Lender"), effective as of June 5, 1998. The City, the Developer and the Lender are hereinafter collectively called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 35 acres that is located in the City, the legal description of which tract of real property is marked Exhibit A — Legal Description, attached hereto and incorporated herein for all purposes (which tract of real property is hereinafter called "Park Glen Addition — Phase XII-4"); and WHEREAS, the, Developer intends to develop Park Glen Addition — Phase XII-4 as an addition to the City; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of Park Glen Phase XII-4 (hereinafter called the "CFA"); and WHEREAS,the City has required certain assurances of the availability of funds to complete the streets, street signs and lights, and the water and sewer utilities for the development of Park Glen Phase XII-4 (herein collectively "Called the "Community Facilities"), and W WHEREAS, in order to provide such assurances as have been required by the City, the Lender has agreed to advance certain funds to the city for Hard Costs (which term is hereinafter defined) subject -to, and in accordance with, the terms, provisions and conditions of this Agreement; and WHEREAS, the Developer has granted to the Lender as additional security for -the Loan (which term is hereinafter defined) a security interest in all plans and specifications for the development of Park Glen Phase XII-4 (hereinafter collectively called the "Plans"); and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. f o o NOW THEREFORE, for and in consideration of the benefits to be derived from the mutual observance by the parties of the terms and conditions hereof, and for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs required to complete the community Facilities in the aggregate should not exceed the sum of One Million One Hundred Seven Thousand Five Hundred Twenty Dollars ($1,107,520.00) (hereinafter called the "Completion Amount"). Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. 3. Adiustments to the Completion Amount. The Lender will from time o time make advances to. the Developer for the development of Park Glen Phase X!I-4 under the development loan that has. been made by the Lender to the Developer for the purpose of financing the costs of constructing the Community Facilities cif Park Glen Addition -- Phase XII-4 (hereinafter called the "Loan") .subject to, anc;' :.n a c udance wi _fh, the, terms,. conditions and provisions of the Loan Documents (which term is hereinafter defined) evidencing and securing the Loan. Some of those advances shall be for Hard Costs as specified in the "Approved Budget" relating to the Loan, a copy of which Approved Budget is marked Exhibit B. attached hereto.. and incorporated herein for all purposes, with the Hard Costs (which term is hereinafter defined) line items highlighted. The term "Hard Costs" shall mean the actual costs of construction and installation of the Community Facilities. To the extent that advances under the Loan are for the payment of Hard Costs, the Completion Amount shall be deemed reduced, dollar for dollar. The Lender may withhold statutory retainage from any advances under the Loan or pursuant to this Agreement. All such retainage withheld, to the extent it is attributable to Hard Costs, shall also reduce the Completion Amount dollar for dollar. All retainage withheld by the Lender for Hard Costs that are advanced to the City pursuant to this Agreement shall be released to the City as provided in the Texas Property Code upon expiration of the statutory retainage period. COMPLETION AGREEMENT — Page 2 To keep the City advised of the Hard Costs, the Developer shall promptly deliver to the City those portions of all draw requests delivered to the Lender which contain requests for the payment of Hard Costs and such draw requests shall itemize Hard costs in such form and detail as shall be reasonably acceptable to the Lender and the City. Upon approval of Lender of any draw request containing requests for Hard Costs to be advanced to the Developer, the Lender shall give notice to the City setting forth the amount of any Hard Costs to be advanced (the "Funding Notice"). The City will be deemed to have approved the proposed advance of Hard Costs by the Lender, unless it so notifies in writing Lender that it objects to such advancement of Hard Costs within three (3) business. days of the receipt by the City of the Funding Notice. If the City objects to such advancements of Hard Costs by the Lender, the City will have its own inspector examine and evaluate the construction; then the Lender and the City shall cause their respective inspectors or consultants to cooperate and shall use their best reasonable efforts to settle any dispute over the appropriateness of any advance of Hard Costs. The Developer acknowledges that the Lender's obligation to fund advances under the Loan within a specified time frame shall be deemed waived by the Developer if the :ity and the Lender -are in -dispute with respect to any requested advance:- if any such dispute is not- resolved proinptly,,:the two consultants shall agree within five (5) business days on a - qualified_ third` party-ta-resolve the dispute whose decision shall be final and binding on all Parties and shall be rendered within five (5) business days o£_ such consultant -'s• s_ selection. Any delay occasioned by- any such dispute shall ex -ten chi, Compiciic�n-#_iaie, by such period of time. . 4. . Completion by the Developer. The Developer agrees to complete the Community Facilities on or before the date for completion that is established' in the '"-Loan Documents plus *thirty (30) days (hereinaftex, called thy`. "Completion Date"), in accordance with- the. CFA, the Plans that are approved by the Lender and the City and all documents evidencing or securing the Loan (which documents are hereinafter collectively called the "Loan Documents"). For the purposes of this Agreement, the development of Park Glen Phase XII-4 shall be deemed complete upon acceptance by the City of the Community Facilities. The City shall promptly notify the Lender and -the Developer upon such acceptance. 5. Completion by the City. In the event that either: (A) the development of Park Glen Phase XII-4 is not completed by the Completion Date for any reason COMPLETION AGREEMENT — Page 3 • e A 4 h- l r ,;, w_. .4 L A. ... .. a. : ` a ' rM n . ' • * s a a h . S A. r t". ad', ' • � Sam'! r • n, r w- "mil 4, ';1 ft .` • µ w-. +,". >_ la ¢k. ' v ` .• - '„ y _ �`• .7 yr. +S. d H A. ..... ws . $. ar i'.: • %. ., ,. a. '�F:i 1i'6 S.; . w i .. - - C: j7, 3• C O whatsoever, or (B) the Developer is in default under the Loan and the Lender notifies the City that the Developer is in default and, at the Lender's sole option, requests the .City to complete development, whichever shall first occur, then, the City may, at the cost and expense of the Developer, commence, pursue and- complete the installation of the Community Facilities in a reasonably timely, diligent and workmanlike manner in accordance with the Plans, subject to the terms of this Agreement. The Lender and the Developer agree that the City may use the Plans as necessary to complete the Community Facilities. Prior to the commencement of any work by the City, the City shall provide evidence of insurance reasonably required by the Lender naming the Lender and the Developer as additional insureds. 6. Advance of Completion. Costs to theCity and Delivery of Hard Costs Collateral to the City. Upon the occurrence of either event described in paragraph 5 above, if the City elects within ten (10) business days of the Completion Date or notice from the Lender, as the case may be, to complete the construction of the Community Facilities, the Lender shall thereafter advance to the City any remaining undisbursed Hard Costs specified in the Approved Budget relating —to the Loan that are incurred byr the City in completing the Community Facilities in an aggregate sum dot to e ;veed.the. • Completion Amount, as adjusted, by funding monthly draws to the City as described herein. The Developer hereby authorizes and instructs the Lender to. -make. periodic advances of any remaining undisbursed Hard Costs specified it 14l ^ to. exceed the completion Amount in increments paid- to the City, within, the sane tirnf!. period specified in the Loan Documents after receipt of advance requests meeting the requirements of the Loan Documents from the City of the Hard Costs remaining to be drawn•under the Loan as specified in the Approved Budget incurred by it and approved by the Lender, subject to retainage: The advance requests from the City shall be made not more frequently than, monthly (save and except for final payment) and shall be accompanied by reasonably acceptable evidence of the Hard Costs specified in the Approved Budget that have been incurred by the City. The City shall use the funds advance for the payment of such Hard Costs as are described in the advance request, and if the City fails to do so, the Lender's obligation to fund additional advances shall thereafter by terminated and of no continuing force and/or effect. The City shall provide mechanic's and materialmen's releases as may be reasonably requested by the COMPLETION AGREEMENT — Page 4 o Lender. Upon request of the City, the Lender may pay such. advances directly to the suppliers and contractors described in the advance request. If the City does not timely elect to complete the construction of the Community Facilities, then the Lender may at its election terminate this Agreement, and at its option, proceed to complete the Community Facilities, foreclose on any of its collateral, or take any and all such action as may be provided under the Loan Documents. 7. Completion by the Lender. The Lender may, at its discretion, but shall not be obligated to, undertake to complete the Community Facilities if there is any default under any Loan Documents in lieu of requesting the City to complete the Community Facilities. In such event, however, the Lender must complete the Community Facilities by the Completion Date or the City shall complete the same as provided above. If the Lender elects to complete the Community Facilities, any Hard Costs it expends shall, dollar for dollar, reduce the Completion Amount. 8. Easements. In the event the City or the Lender undertakes the completion of the Community Facilities, the. Developer (and to the extent necessary the Lender) grants to the City and the Lender open access to Park Glen Phase -X11-4 and shall execute and deliver such temporary ea-sem-e-uts over and across the entire Park Glen Addition - -Phase XII-4 for the purpose of access and use for the completion' of the construction ©f the Community Facilities in accordance with this Agreement. To the extent requested by the City and the Lender, written temporary; construction easements. in form acceptable to the City and the Lender shall -be exerted iitItzt4Deve sl'i tr= anti filed of record. Nothing in this paragraph shall reduce any- rights of the Lender or obligations of the Developer under the Loan documents. . 9. Lender's Rights. Nothing in this Agreement shall affect any portion of the Lender's collateral, for the Loan or limit or- impair the Lender's right to forecld-se the same or deal with -the collateral as it elects in accordance with the Loan Documents. 10. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to payment and performance bonds or other requirements for security in connection with the development of Park Glen Phase XII-4 and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in COMPLETION AGREEMENT — Page 5 a ^ Y n n1 I♦ fi S. r Z a a 4- L 't r - n • ay. ii • ' rV w ' H .. O O O lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 11. Termination. This Agreement shall terminate upon the earlier to occur of the following: (A) acceptance by the City of the Community Facilities; (B) mutual written agreement of all of -the Parties; or (C) the reduction of the Completion Amount to zero. 12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of Park Glen Phase XII-4 until the Community Facilities are substantially completed and all Hard Costs contractors have been paid, less retainage. Upon receipt and acceptance by the City of evidence of substantial completion and the payment by the •Developer of all Hard Costs contractors, the City shall immediately file the final plat of Park Glen Phase XII-4 in the Tarrant County Plat Records. The purpose of the City retaining the final plat•of Park Glen Phase XII-4 as prescribed herein is to guarantee the Developer's obligations under the CFA. 13. Construction Contracts. The Developer agrees to include in all construction contracts that it enters' into for the completion of the- Community FaeFiities• the following: (A) A statement that the City is not holding any security ; to guaranty ' payment for•work performed on the Community Facilities; 4 (B) A statement that Park Glen Phase XII-4 is private_ prc+perty and, that'-' - -samem�y be subject to mechanic's and rnaterialmc.Z° tic3 }${ $ (C) A requirement that the. contractor release t::n C'ity. from °s ny C.1- - - =+ that is -related to any work on Park Glen Phase XII-4; and (D) A requirement that the contractor include in its subcontracts the statements contained in (A); (B) and (C) above. 14. Miscellaneous. (A) Non -Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. (B) Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: COMPLETION AGREEMENT — Page 6 (i) Notice to the City shall be addressed and delivered as follows: CITY OF FORT WORTH 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 ATTENTION: RAQUEL VELASQUEZ, ADMINISTRATIVE ASSISTANT TELECOPY NUMBER: 817-871-7905 CONFIRMATION NUMBER: 817-8092 With a copy thereof addressed and delivered as follows: CITY OF FORT WORTH 100 THROCKMORTON STREET FORT WORTH, TEXAS 76102 ATTENTION: GARY STEINBERGER, ESQ. ASSISTANT CITY ATTORNEY TELECOPY NUMBER: 817-871-8359 CONFIRMATION NUMBER: 817-871-7600 (ii) Not.lce to- the -Developer shall be ad:Ircc :secs "and deli-, ered •a;.-` follows: SHEFFIELD DEVELOPMENT COMPANY, INC. 3441 OLD DENNIS ROAD WEATHERFORD, TEXAS 76087-7464 ATTENTION: GARY D. SHEFFIELD,-PRE�5 fEI�[T=, t, e r e �I# TELECOPY NUMBER: 817-599-3207` CONFIRMATION NUMBER: 817-613-1309 (iii) Notice Notice to the Lender shall be addressed and delivered as follows: - - BANK OF COMMERCE 301 WEST SEVENTH STREET FORT WORTH, TEXAS 76102 ATTENTION: CHARLES POWELL, VICE PRESIDENT TELECOPY NUMBER: 817-332-4960 CONFIRMATION NUMBER: 817-332-3261 COMPLETION AGREEMENT — Page 7 ' to .' •; .. , :F f ry A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. (C) Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. (D) Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. (E) Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and • this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. (F) Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oraj agreements among the Parties concerning the subject matter hereof; provided, however, that --this Agreement shall not supersede, amend or modify any of the Loan Documents or any portion thereof. • (G) Amendment. This Agreement may only be amended by a -written iusttument executed by all of the Parties to his Ai;ret ,a • (H) Headings. The headings that are used in this,Agr;.emert• are. -used, for . reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this - Agreement. - - COMPLETION AGREEMENT — Page 8 A Executed by the Parties to be effective as of the date first stated above. APPROVED AS TO FORM AND LEGALITY THE � Y Y O OR ORTH By:_ Name: Title: SHEFFIELD DEVELOPMENT COMPANY, INC., a Texas corporation By ½Z Gary Y. Sheffield, Prtsldent BANK OF COMMERCE By: th4U1kf9 Name: NI'I,Ifs Title: Sir• V) (,r Ves APECVED AS TO FORM AND LEGALITY: Assistant City Attorney COMPLETION AGREEMENT — Page 9 O O . . . Sheffield Development Company, Inc., the Guarantor of the Development Loan, is executing this Completion Agreement for the sole purpose of acknowledging that advances that are made by the Lender pursuant to this Completion Agreement shall be deemed to be advances that are made under the Loan which shall be subject to and covered by. the Loan Documents and the Guaranty Agreement that was executed by Sheffield Development Company, Inc.. SHEFFIELD DEVELOPMENT cO*NY„INC. us Gary D/Sheffield, Presio�nt COMPLETION AGREEMENT — Page 10 O O LIST OF EXHIBITS TO THE COMPLETION AGREEMENT BY AND AMONG THE CITY OF FORT WORTH, SHEFFIELD DEVELOPMENT COMPANY, INC. AND BANK OF COMMERCE EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET LIST OF EXHIBITS — Page Solo • Q rM EXHIBIT A BEING a tract of land situated in the NANCY ANN ROBERTS SURVEY, ABSTRACT NO. 1275, TARRANT County Texas and being a portion of that Tract 1 as described by Deed to Hiliwood/Park Glen, Ltd. and recorded in Volume 9357, Page 344 County Records TARRANT County, Texas, said tract of land being more par&icularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "Carter & Burgess" set at the Southwest corner of that "9.554 acre tract of land as described by Deed to the City of Fort Worth and recorded in Volume 12470, Page 336, said County Records, said point being in the Westerly line of said Hillwood/Park Glen, Ltd., Tract 1; THENCE along the Southerly line of said The City of Fort Worth tract, the following bearings and distances: South 71 degrees 17 minutes 09 seconds East 247.66 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess' set; South 89 degrees 46 minutes 10 seconds East, 230.67 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; South 40 degrees 31 minutes 26 seconds East 152.61 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess set; North 45 degrees 46 minutes 55 seconds East 95.72 feet to a 5/8 inch' iron rod with cap stamped "Carter & Burgess' set; South 69 degrees 07 minutes 45 seconds East 556.42 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set in the Westerly line of The City of Fort Worth, Parcel 1 as recorded in Volume 11600, Page 1596, said County Records, the beginning of a non -tangent curve to the right; THENCE 93.35 feet along the arc of said non -tangent curve to' the right. -and - along the Westerly line of said Parcel 1 through a central angle of 14 degrees 04 minutes 28 seconds, a radius of 380.00 feet along a long chord of South 31 degrees 59 minutes 53 seconds East, 93.11 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; THENCE South 24 degrees 57 minutes 39 seconds East, 734.04 feet continuing along the Westerly line of said Parcel 1, to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; THENCE South 13 degrees 46 minutes 55 seconds East, 555.26 feet continuing along said Westerly line to a 5/8 inch iron rod with cap stamped "Carter a Burgess" set, the Northeast corner of the proposed Phase III, Section 3,, Park Glen Addition; - . THENCE along the Northerly line of said proposed Phase XII, Section 3, Patk- Glen Addition, the following bearings and distances: North 69 degrees 05 minutes 50 seconds West, 373.96 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; North 20 degrees 54 minutes 10 seconds East, 50.00 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; North 69 degrees 05 minutes 50 seconds West, 871.05 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; South 85 degrees 07 minutes 02 seconds West, 43.48 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; South 71 degrees 32 minutes 30 seconds West, 52.50 feet to a 5/8 .I_OONT. ON EXH. A, PAGE 2 ) EXHIBIT A (page 2) inch iron rod with cap stamped "Carter & Burgess" set; South 32 degrees 55 minutes 50 seconds West, 63.99 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; South 00 degrees 28 minutes 56 seconds West, 115.77 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; North 89 degrees 31 minutes 04 seconds West, 305.45 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; North 00 degrees 13 minutes 50 seconds East, 115.00 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; North 89 degrees 46 minutes 10 seconds West, 70.00 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set in the Westerly line of the aforementioned Hillwood/Park Tract l; Glen, Ltd.. THENCE North 00 degrees 13 minutes 50 seconds East, 1192.63 feet along said Westerly line to the POINT OF BEGINNING AND CONTAINING 36.336 land, more or less. acres o£ • s > N J ® e t EXHIBIT B Section I Water $ 208,130.00 Sewer 215.280.00 Construction Inspection 2% 8,468.00 Sub -total $ 431.878.00 Section II Interior Streets $ 446,550.00 Construction Inspection 2% 8,931.00 Assessment Paving (Beach Street) 77,580.00 Storm Drains 92,177.00 Construction Inspection 2% 1.844.00 Sub -total $ 627,082.00 Section III Street Lights $ 44,000.00 - Design 4,000.00 Sub -total $ 48,O00.00 Section IV Street Signs $ 5&O.0C TOTAL $ 1,107,520.00 City of Fort Worth, Texas 4vel.vor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/27/98 **C-17388 20INSTALL 1 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH SHEFFIELD DEVELOPMENT CORPORATION FOR THE INSTALLATION OF COMMUNITY FACILITIES TO SERVE PARK GLEN ADDITION PHASE 12, SECTION 4 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Sheffield Development Corporation for the installation of community facilities to serve Park Glen Addition Phase 12, Section 4. DISCUSSION: Sheffield Development Corporation, the developer of Park Glen Addition Phase 12, Section 4, has executed a proposed contract for community facilities to serve a single-family (176 lots) development located in northeast Fort Worth, east of 1-35 and north of 1-820. This development is located in COUNCIL DISTRICT 4. This Community Facilities Agreement is in compliance with standard City policy. This project will require the construction of 1,133 linear feet of sidewalk along North Beach Street. ESTIMATED COSTS: Project Cost Developer Park City Total I. Water $ 206,999 $ 1,131 -0- $ 208,130 Sewer 213,933 1,347 -0- 215,280 Construction Inspection Fee 8,419* -0- -0- 8,419 II. Street Improvements Construction 466,501 24,704 -0- 491,205 Design Engineering -0- 1,482 -0- 1,482 Engineering & Administration 9,330* 1,729 $ 23,325 34,384 Storm Drain Improvements Construction 98,997 17,314 -0- 116,311 Design Engineering -0- 1,039 -0- 1,039 Engineering & Administration 1,980* 346 8,142 10,468 Ill. Street Lights 67,760 -0- -0- 67,760 Engineering & Administration 1,355* -0- 5,421 6,776 IV. Street Name Signs 800 -0- -0- 800 SUBTOTAL $1,076,074 $49,092 $ 36,888 $1,162,054 Future Improvements** 105,310 -0- 84,609*** 189,919 TOTAL $1,181,384 $49,092 $121,497 $1,351,973 City of Fort Worth, Texas "a#or and Council C'om,munica-tion DATE 4/27/98 REFERENCE NUMBER **C-17388 LOG NAME 20INSTALL PAGE - 2 of 2 - SUBJECT COMMUNITY FACILITIES AGREEMENT WITH SHEFFIELD DEVELOPMENT CORPORATION FOR THE INSTALLATION OF COMMUNITY- FACILITIES TO SERVE PARK GLEN ADDITION PHASE 12, SECTION 4 * 2% Construction Inspection ** North Beach Street - from the south property line of lot 47, block 123 Park Glen Addition northward approximately 1,284 linear feet to the north property line of lot 18, block 124 consisting of %-2-36 wide roadway of major arterial work. ***NOTE: =Under terms of this agreement, the developer's {share of future improvements will be submitted. prior to execution, of this agreement. Contributions from future developers will be collected as agreements for these properties are executed. The City will provide funds for its share of any future improvements at the time a- contract is awarded for the construction of these improvements. On March 28, 1997, the City Council adopted the Park 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." PLAN COMMISSIONAPPROVAL: - On November 23, -. 1994, the Plan Commission approved application" for Preliminary Plat- (PP 94031). Final Plat (FP 98058) has been submitted to City staff for review. FISCAL INFORMATION/CERTIFICATION: The Finance Director.certifies that funds are available in the current capital budgets, as appropriated, of the Street, Improvements Fund -and the Park and Recreation Improvements; Fund. MG:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by:• (to) APPROVED Mike Groomer ' _ . 6140 CITY COUNCIL. Originating Department Head: APR t'I' 1 (from) Hugo Malanga' 7801 t ry �OctetaryJ the C115 511010 020115095215 $36,888.00 Additional Information Contact: c 4 GC05 541200 080050500120 $49,092.00 .... `d oI Fa: Worth Hugo Malanga 7801