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HomeMy WebLinkAbout024995 - Construction-Related - Contract - Thomas Crossing, LLCCOMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS 8 City Secretary f f COUNTY OF TARRANT 8 Contract No., G 41L'? WHEREAS, Thomas Crossing L.L.C., hereinafter called "Developer", desires to make certain improvements to Thomas Crossing, Phase I, an addition to the City of Fort Worth, Texas; WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Denton and Tarrant Counties, 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 Peter Thomas, 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 covenant and agree as follows, to -wit: ©fflCOAL LEcoLPI ffowo1`VHP7DI r 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 hereby relieves the City of any responsibilities for any inadequacies in preliminary plans and cost estimates supplied for the purpose of this contract and further agrees that he will comply with the Subdivision Ordinance, City Plan 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-1", respectively, in accordance with plans and specifications prepared by the City or prepared by the Developer's engineer and approved by the City Engineer. 3. The Developer agrees to install, adjust or cause to be installed or adjusted, all of the required utilities to serve the development. On Border Streets, the Developer will be responsible only for the costs of relocating the utilities, with the City coordinating the utility construction. Prior to construction, the Developer will provide the City a list of all utilities that will require relocating, along with assurance that no conflicting street construction will take place until the utility relocation has been completed. The Developer further agrees that before commencing construction the City will be provided Performance and Payment bonds equal to 100% of the construction costs and a one year Maintenance Bond, for the constructed streets. The Developer also agrees that no street construction shall begin prior to the City Council's approval of this Community Facilities Agreement, in accordance with Section 104.100 of City Ordinance No. 7234. 4. Except where specifically stated otherwise in this contract, the Developer hereby agrees and binds itself to provide all necessary right-of-ways and/or easements required to construct the street improvements including any drainage outfall, in lengths, widths, and locations as approved by the City Engineer. 5. Unless the City is to prepare plans and specifications for a separate project of estimated value less than $10,000 as requested by the Developer, the Developer agrees to submit plans and specifications prepared by an approved Professional Engineer, registered in the State of Texas, proficient in Civil Engineering, for the improvements required under this agreement. Such plans shall be in compliance CONTRACT FOR: THOMAS CROSSING, PHASE ONE 0 0 1 c 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 agreement. These bonds or deposit will be c nditioned upon the satisfactory compliance by the Developer with all requirem nts concerning improvements as set forth in this agreement. CONTRACT FOR: THOMAS CROSSING , PHASE ONE II -2 1 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 InstaIIation CommuniFacilities, the City's participation in the costs shall be as shown in Section II -B, (Street Improvements) and Section II -C (Storm Drainage Improvements) of this agreement. In no event shall the City be liable to the Developer for any payments in excess of the City's estimated participation unless and until there is separate and formal approval by the City Council to pay such excess amount. 13. Upon completion of these facilities, it is agreed and understood that the Developer's estimated participation in the costs as may be indicated in this contract, shall be adjusted to equal the final costs, except that the City shall not be obligated to make any refunds until all facilities required under all sections of this agreement have been completed to the satisfaction of the City. No refund of less than $25.00 will be made. In the event the difference in the deposit and actual cost exceeds $25.00, the Developer agrees to pay to the City any underpayment and the City agrees to refund any over payment to the Developer. 14. The City will provide construction engineering, except for the setting of line and grade stakes for streets and storm drains (see definition of Construction Engineering), without charge on all projects regardless of size. The setting of line and grade stakes for streets and storm drains shall be the responsibility of the developer except that the City reserves the right to pre -qualify persons and/or firms that are hired to provide this surveying and to check the accuracy of the surveying and the conformance of the stakes to the approved plans. 15. Following the setting of line and grade by a private surveyor hired by the developer, the contractor shall give 24 -hour notice to the Construction Engineer so that inspection personnel will be available. No work shall begin until the assigned inspector is present and gives his consent to proceed. CONTRACT FOR: THOMAS CROSSING , PHASE ONE II -3 C O 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: THOMAS CROSSING , PHASE ONE II -4 C O 0 0 f 1 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: THOMAS CROSSING, PHASE ONE II -5 O O 1 ` I 11 1 1 1 1 1 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 completion and acceptance of the street facilities. However for preparation of Community CONTRACT FOR: THOMAS CROSSING, PHASE ONE II -6 0 0 O 1 Il 1 1 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 are available for City participation, the developer shall award the contract and deposit with the City cash, or performance and payment bonds for 100 percent of the estimated total construction cost of the improvements (plus ten percent (10%) for engineering and miscellaneous costs if the City prepares the plans). g. The Developer shall pay a construction inspection and materials testing fee in the amount of two percent (2%) of the developer's share of the street construction cost as defined above. The two percent (2%) amount shall be included with the submittal by the developer of the performance and payment bonds, or cash together with the signed community facilities agreement to the Development Coordinator. For the preparation of a community facilities agreement, two percent (2%) of the estimated cost of the Developer's share of the street construction as defined above for the construction inspection and materials testing fee shall be used. At the time when bids are submitted and prior to the work order being issued, the Developer shall submit the amount in cash representing two percent (2%) of the Developer's share of the street construction cost. This amount may be adjusted by the Developer or the City, upon written request, to conform to the actual construction cost upon completion and acceptance of the street facilities, provided the difference is greater than twenty-five dollars ($25.00). 3. The following special cost distribution conditions shall be in lieu of, shall supersede and shall prevail over any of the standard cost distribution provisions which may be in conflict herewith. None. CONTRACT FOR: THOMAS CROSSING, PHASE ONE 11-7 O In 0 0 4. Estimate of Construction Cost UNIT DEVELOPER CITY* TOTAL ITEM QUANTITY PRICE COST ' COST COST 28' Wide Roadway 6,459 L.F. 1 L.S. $481,286 $-0- $481,286 5" Reinf. Conc. 6" Lime Stab. Subgr. Sub -Total $481,286 10% Contingencies -0- Total $481,286 City's participation due to proposed park site is $ -0- The $481,286 cost is actual bid price. CONTRACT FOR: THOMAS CROSSING , PHASE ONE II -8 $-0- $481,286 -0- -0- $-0- $481,286 Ir ® O 0 0 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 -I", 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 mainte- nance 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: THOMAS CROSSING , PHASE ONE II -9 0 0 0 0 2. Cost Distribution: a. The City shall not pay any amount in the cost of storm drainage facilities consisting of pipe 60 -inches or less in diameter, including the cost of any trench and/or channel excavation, manholes, inlets, lead lines, headwalls and/or any other items to complete the system. b. Where pipe larger than 60 inches is used, the City shall pay twenty-five percent (25%) of the difference in construction cost between a sixty inch pipe and any larger pipe size. There will be no City participation in the cost of any trench and/or channel excavation, manholes, inlets, lead lines, headwalls, and/or any other items to complete the system. c. Where a lined channel is constructed, the City's participation shall be as follows: 1) Twenty-five percent (25%) of the cost of concrete lining in place provided the bottom of the channel is lined with concrete or consists of natural solid rock. 2) . Twenty-five percent (25%) of the cost of gabion lining provided that the channel bottom is lined either with concrete or gabion; and/or the bottom of the channel consists of natural solid rock. 3) There shall be no City participation in the cost of any trench excavation, right-of-way, inlets, manholes, guard rail, rip -rap, seeding, sodding and/or any other appurtenances necessary to complete the drainage facilities. d. Where a bridge or culvert is constructed, the City's participation shall be as follows: 1) For systems smaller than or equal to a pipe size of sixty (60) inches in diameter, area -wise, there shall be no City participation. 2) Where the system is larger than a pipe of sixty (60") inches in diameter or is of some other shape with a cross sectional area of more than 19.6 square feet, the City shall base its share of the cost on the water shed area to be drained and will calculate its share according to the table below for any bridge and/or culvert for a street crossing up to a roadway width of: • Forty (40) feet adjacent to single family or duplex residential zoning and use. • Fifty-two (52) feet adjacent to any other zoning and/or use. CONTRACT FOR: THOMAS CROSSING, PHASE ONE II -10 II It EO O Watershed Area City's Participation (Acres) (% of Cost) up to - 1,000 25 1,001 - 1,500 30 1,501 - 2,000 35 2,001 - 2,500 40 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 to the Council in such cases. 6) If the City requires a roadway width greater than those described above, CONTRACT FOR: THOMAS CROSSING, PHASE ONE 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 participation in extra cost of storm drainage facilities where the level of service is increased due to collector or thoroughfare street requirements. f. Storm flow shall not be diverted from its natural drainage course to a border street unless approved by the City Engineer. Where storm flow is diverted, in the opinion of City Engineer there shall be no City participation for the additional cost of constructing and/or oversizing any drainage facility or appurtenance required to handle such diverted storm flow and the City's participation shall stay the same as if the diversion did not occur. g. The City shall pay engineering costs in the amount of six percent (6%) of the actual cost of the City's share of construction as defined above upon completion and acceptance of the storm drain facilities. However, for preparation of Community Facilities Agreements,• the City shall use six percent (6%) of the estimated cost of its share of construction as defined above for design engineering. h. The City shall assume its share of the cost of the storm drain improvements and the engineering fee only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City cash, or performance and payment bonds for 100 percent of the estimated total construction cost of the improvements (plus ten percent (10%) for engineering and miscellaneous costs if the City prepares the plans). i. The Developer shall pay a construction inspection and materials testing fee in the amount of two percent (2%) of the developer's share of the storm drainage construction cost as defined above. The two percent (2%) amount shall be included with the submittal by the developer of the performance and payment bonds or cash together with CONTRACT FOR: THOMAS CROSSING , PHASE ONE 1I-12 O O IT 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). j. 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: THOMAS CROSSING, PHASE ONE 1I-13 O O O O 4. Estimate of Construction Cost Unit Developer Item Quantity Price Cost 21" Class III RCP 222 L.F. $30.50 $6,771.00 24" Class III RCP 332 L.F. 34.00 11,288.00 30" Class III RCP 483 L.F. 40.50 19,561.50 36" Class III RCP 344 L.F. 46.00 15,824.00 4' x 2' Box Culvert 1,095 L.F. 72.50 79,387.50 5'x2' Box Culvert 111 L.F. 91.00 10,101.00 5' x 3' Box Culvert 777 L.F. 97.00 75,369.00 5' x 4' Box Culvert 72 L.F. 125.00 9,000.00 6'x3' Box Culvert 1,707 L.F. 130.00 221,910.00 Junction Box, Sta. 1+86.27 SD Main 1 1 Ea. 9,000.00 9,000.00 Junction Box, Sta. 4+62.62 SD Main 2 1 Ea. 6,850.00 6,850.00 Junction Box, Sta. 3+52.89 SD Main 6A 1 Ea. 10,200.00 10,200.00 Junction Box, Sta. 3+88.31 SD Main 6 1 Ea. 10,200.00 10,200.00 Junction Box, Sta. 8+16.59 SD Main 6 1 Ea. 8,700.00 8,700.00 12"x3' Headwall 1 Ea. 4,700.00 4,700.00 8"x 2' Headwall 1 Ea. 3,900.00 3,900.00 10"x3' Headwall 1 Ea. 4,500.00 4,500.00 10"x4' Headwall 2 Ea. 4,700.00 9,400.00 15" Standard Recessed Curb Inlet 4 Ea. 3,300.00 13,200.00 10" Standard Recessed Curb Inlet 10 Ea. 2,400.00 24,000.00 Standard 5' Square Manhole (0' to 6') 1 Ea. 3,000.00 3,000.00 Stack Manhole per S -SD 15(0' to 6' from rim to top RCB) 6 Ea. 2,400.00 14,400.00 6' to 12' Diameter Rock Rip Rap 2' Thick 419 L.F. 46.00 19,274.00 4' Empty Grey Schedule 40 PVC Conduit With Pull Wire 490 L.F. 9.00 4,410.00 CONTRACT FOR: THOMAS CROSSING , PHASE ONE II -14 City* Total Cost Cost $-0- $6,771.00 -0- 11,288.00 -0- 19,561.50 -0- 15,824.00 -0- 79,387.50 -0- 10,101.00 -0- 75,369.00 -0- 9,000.00 -0- 221,910.00 -0- 9,000.00 -0- 6,850.00 -0- 10,200.00 -0- 10,200.00 -0- 8,700.00 -0- 4,700.00 -0- 3,900.00 -0- 4,500.00 -0- 9,400.00 -0- 13,200.00 -0- 24,000.00 -0- 3,000.00 -0- 14,400.00 -0- 19,274.00 -0- 4,410.00 ® O O O 4. Estimate of Construction Cost (Cont.) Storm Water Pollution Prevention (Includes installation, inspection and maintenance of BMPs) 1 L.S. 1,500.00 1,500.00 -0- 1,500.00 Sub -Total $596,446 $-0- $596,446 10% Contingencies -0- -0- -0- Total $596,446 $-0- $596,446 *City's participation due to proposed park site is $ -0- The $596,446 cost is actual bid price. CONTRACT FOR: THOMAS CROSSING, PHASE ONE II -15 o O O 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. WILDCAT WAY SOUTH: From the south property line of Thomas Crossing, Phase One northward approximately 399 L.F. to the north R.O.W. line of Thomas Crossing Drive consisting of 1/2 of 2-36 foot wide roadway of arterial grade pavement. 2. Cost Distribution a. The City shall bear all of improvements for widths greater than: o 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 with the Transpor- tation and Public Works Department's "Policy For Storm Drainage Facilities." e. The above improvements must be advertised for and the City must receive CONTRACT FOR: THOMAS CROSSING, PHASE ONE 1I-16 O O O © , 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: THOMAS CROSSING, PHASE ONE 11-17 © O 0 0 5. Estimate of Construction Cost A. Street Construction 1\2 of 2-36' Wide Roadway 7" Reinf. Conc. 6" Lime Stab. Subgr. 4' Std. Sidewalk Unit Developer City** Total Quantity Price Cost Cost Cost 399 L.F. $116.00 $25,536 $20,748 $46,284 319 L.F. 12.00 3,828 -0- 3,828 Sub -Total A $29,364 10% Contingencies 2,936 Total A $32,300 B. Storm Drain Construction*** Storm Drainage Facilities 399 L.F. 50.00 $19,950 Sub -Total B $19,950 10% Contingencies 1,995 $20,748 $50,112 2,075 5,011 $22,823 $55,123 $-0- $19,950 $-0- $19,950 -0- 1,995 Total B $21,945 $-0- $21,945 Total A + B $54,245 $22,823 $77,068 *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: THOMAS CROSSING , PHASE ONE 11-18 O O D. SUMMARY OF COST: DEVELOPER CITY TOTAL Street Improvements Construction $481,286 $-0- $481,286 Design -0-% of Construction Cost) -0- -0- Construction Engineering and Administration 7% of Construction Cost) 9,626a 24,064d 33,690 Storm Drain Improvements Construction $596,446 $-0- $596,446 Design -0-% of Construction Cost) -0- -0- Construction Engineering and Administration 6 1/2% of Construction Cost) 11,929b 26,840e 38,769 Street Light Improvements (III) Construction $46,000 $-0- $46,000 Design cic% of Construction Cost) 4,600 -0- 4,600 Street Name Sign Improvements (IV) Construction $480 $-0- $480 TOTAL 1,150,367 50,904 1,201,271 Assessment Paving Construction: Streets and $54,245 $22,823 $77,068 Storm Drain Design Engineering — (6%) -0- -0- Assessment Administration — (1 %) 542 228 770 Construction Engineering and Administration (9.5%) of Construction Cost I ,085c 6,236f 7,321 Special Services -0 t -0- Right-of-Way Costs -0t -0- TOTALS (Asmt. Paving) $55,872* $29,287** $85,159 TOTALS (THIS PROJECT) $1,206,239 $80,191 $1,286,430 *The sum of $ 55,872 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. (**) NOTE: Under terms of this agreement, the Developer's share of future improvements for WILDCAT WAY SOUTH will be submitted prior to execution of this agreement. Contributions from future Developers will be collected as agreements for these properties are executed. (All Developer costs of future improvements are considered "Assessment Paving" under the City's CONTRACT FOR: THOMAS CROSSING, PHASE ONE II -19 0 0 -- Development Policy.) 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. **Include $ -0- (including 2% of the other's share of the estimated construction cost) to be assessed against other property owners. tEncompasses 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 $ -0- ; Storm Drains $ -0- a,b,c Represents two percent (2%) respectively of the Developer's share of the estimated construction costs for construction inspection and materials testing. d,e,f Represents the City's share of the construction engineering and administrative costs. Rec mended o Malanga, P.E., Di ctor, Transportation and Public Works S 195) Date Based on Policy Revised September, 1992 CFA Code: 98052 CONTRACT FOR: THOMAS CROSSING, PHASE ONE II -20 � O Q 1 E. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 6 EA $ 2,000 $ 12,000 Wildcat Way South & Thomas Crossing Drive Thomas Crossing Drive & Allison Court Thomas Crossing Drive & Old Oaks Drive Thomas Crossing Drive & East Riviera Drive East Riviera Drive & Merion Drive' East Riviera Drive & Southern Oaks Drive MID -BLOCK RESIDENTIAL 17 EA $ 2,000 $ 34,000 6 each on Thomas Crossing Drive 6 each on East Riviera Drive 4 each on Southern Oaks Drive 1 each on Old Oaks Drive Subtotal $46,000.00 10% Contingencies $ 4,600.00 Developer's Cost $ 50,600.00 Installed conduit by Developer $ 13,800.00 To be paid to the city of Fort Worth $ 36,800.00 Thomas Crossing Phase 1 Fort Worth, Texas April 2, 1999 (Revised) O •O 2. STREET LIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at the approximate locations shown in Exhibit "C" in accordance with engineering plans and specifications to be approved by the Transportation and Public Works Department. 2. Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the streetlight Engineer. 3. Streetlights on arterial streets shall be installed with underground conduit and conductors. 4. The Developer shall provide for the installation of a 11% -inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18 -inch behind the curb, "clear from all other utilities". 5. The Developer shall provide for the installation of a 14 -inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational. 6. A 3 -inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points. 7. The developer shall pay a two percent (2%) fee of the construction cost for construction engineering and inspection of the street light installation. 8. In case the developer contracts the city to install the streetlights, the developer shall pay the total amount shown below to the city at the time of execution of the community facilities agreement. 9. The developer or their contractor shall contact city's street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-8100 to insure proper inspection of work. Thomas Crossing Phase 1 Fort Worth, Texas III -2 April 2, 1999 (Revised) C 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 six (6) intersections at a cost to the Developer of $480.00: Wildcat Way South & Thomas Crossing Drive Thomas Crossing Drive & Allison Court Thomas Crossing Drive & Old Oaks Drive Thomas Crossing Drive & East Riviera Drive East Riviera Drive & Merion Drive East Riviera Drive & Southern Oaks 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. THOMAS CROSSING PHASE ONE Fort Worth, Texas IV -1 August 5, 1998 c� m :.t 1V/ 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 t. t a a the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. If the construction under the Community Facilities Contract shall have started within the two-year period, the life of the Community Facilities Contract shall be extended for an additional one-year period. Community Facility Contracts not completed within the time periods stated above will require renewal of the contract with all updated agreements being in compliance with the policies in effect at the time of such renewal. Developers must recognize that City funds may not be available to pay all or a portion of the normal City share for renewal contracts. It must be understood by all parties to the Community Facilities Contract that any of the facilities or requirements included in the contract that are to be performed by the developer, but not performed by the developer within the time periods stated above, may be completed by the City at the developer's expense. The City of Fort Worth shall not be obligated to make any refunds due to the developer on any facilities constructed under this agreement until all provisions of the agreement are fulfilled. F. PERFORMANCE AND PAYMENT GUARANTEES 1. For Street. Storm Drain, Street Light and Street Name Sign Facilities on a Non -Assessment Basis: Performance and Payment bonds or cash deposits acceptable to the City are required to be furnished by the developer for the installation of streets, storm drains, street lights, and street name signs, on a non - assessment basis, and must be furnished to the City prior to execution of this contract. The performance and payment bonds shall be in the amount of one hundred percent (100%) of the developer's estimated share of the cost of the streets, storm drains, street lights, and street name signs. If the deposit is in the form of cash, the deposit shall be in the amount of one hundred twenty five percent (125%) of the developer's estimated cost of the streets, storm drains, street lights, street name signs, and change orders (during the course of the project). V-2 D I .'Lt, .IU4, 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 pame 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 a (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. V-4 Wo (2 r7; , c, a (2) When a cash deposit is made, the additional twenty-five percent (25%) beyond the one hundred percent (100%) of the estimated developer's share represents additional funds for change orders during the course of the project. This twenty five percent (25%) shall be considered the developer's change order fund. (3) If the developer makes a cash deposit with the City, the developer may make timely withdrawals from the cash funds in order to pay the contractor and/or subcontractor based on amount of construction work completed as approved and verified by the City Engineer or authorized representative. For projects whose actual total contract cost is $400,000 or greater, such release of security shall equal the percentage of work completed for that period multiplied by ninety-five percent (95%). This percentage shall be applied to the actual current total contract cost to determine the amount that may be reduced upon request of developer. For projects whose actual total contract, cost is less than $400,000, such release of security shall equal the percentage of work completed for that period multiplied by ninety percent (90%). This percentage shall then be applied to the actual current total contract cost to determine the amount of security that may be reduced upon request of developer. The remaining security, five percent (5%) for projects of $400,000 or greater and ten percent (10%) for projects less than $400,000 together with the remaining funds from the Developer's Change Order Fund, if any, will be released to the developer after the project has been accepted by the City. Partial release of funds shall be limited to once per month. There shall be no partial release of funds for projects of less than $25,000. Proof that the developer has paid the contractor shall be required for partial releases. V-5 Its c3 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 V-6 ca p C (10th) day before the first date bids may be submitted. The bids must be opened by an officer or employee of the city at or in an office of the City. 2. To employ a construction contractor who is approved by the Director of the Department having jurisdiction over the facility to be so constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets. 3. To require the contractor to furnish to the City payment, performance and maintenance bonds in the names of the City and the developer for one hundred percent (100%) of the contract price of the facility, said bonds to be furnished before work is commence. Developer further shall require the contractor to provide public liability insurance in the amounts required by the City's specifications covering that particular work. 4. To give 48 hours notice to the department having jurisdiction of intent to commence construction of the facility so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. 5. To secure approval by the Director of the Department having jurisdiction of any and all partial and' final payments to the contractor. Said approval shall be subject to and in accordance with requirements of this agreement, and is not to constitute approval of the quantities of which payment is based. 6. To delay connections of buildings to service lines of sewer and water mains constructed under this contract until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. V-7 a I1 7. It is expressly understood by and between the developer and the City of Fort Worth, that in the event the developer elects to award one single construction contract for storm drainage and pavement, said contract shall be separated in the bidding and City participation, if any, shall be limited to the lowest possible combination of bids as if each of the above were awarded as separate contracts. I. Anything to the contrary herein notwithstanding, for and in consideration of the promises and the covenants herein made by the City, the developer covenants and agrees as follows: 1. The developer shall make separate elections with regard to water and/or sanitary sewer facilities, storm drainage, street improvements and street lights as to whether the work prescribed herein shall be performed by the City, or by its contractor, or by the developer, through its contractor. Each separate election shall be made in writing and delivered to City no later than six (6) months prior to the expiration of this agreement. In the event any of such separate elections has not been made and delivered to City by such date, it shall be conclusively presumed that the developer has elected that such work be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph V -F hereof. 2. Irrespective of any such election and whether the work is to be performed by the City, or by its contractor or by the developer through its contractor, the developer covenants and agrees to deliver to the City a performance and payment guarantee in accordance with the provisions of Paragraph V -F of this agreement. 3. In addition to the guarantee required in the preceding paragraph, in the event developer elects that the work be performed by the City, or by the City's contractor, or such election is presumed as provided above, the developer covenants and agrees to pay to the City the developer's share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections Il, III, 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 V-8 m 4VL . by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the subject work. Such estimated payment shall be made promptly upon demand by City, it being understood that such payment will be made after the receipt of bids for work, but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. 4. Developer further covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless and defend the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, this agreement or the construction of the improvements or facilities described herein, whether or not causes, on whole or in part, by the negligence of officers, agents, employees, licensees, invitees, contractors or subcontractors of the City; and in addition the developer covenants to indemnify, hold harmless and defend the City, its officers, agents and employees from and against all claims, suits, or causes or action or any nature whatsoever brought for, or on account of any injuries or damages to persons or property; including death, resulting from any failure to properly safeguard the work or an account of any act, intentional or otherwise, neglect or misconduct of the developer, its contractors, subcontractors, agents or employees, whether or not caused, on whole or in part, by the negligence of officers, agents, employees, licensees, invitees, contractors or subcontractors of the City. 5. Developer covenants and agrees that it discriminates against no individual involving employment as prohibited by the terms of Ordinance No. 7278 (as amended by Ordinance No. 7400), an ordinance prohibiting discrimination in employment practice because of race, creed, color, religion, national origin (except for illegal aliens), sex or age, unless sex or age is a bonafide occupational qualification, subcontractor or employment agency, either furnishing or referring applicants to such developer, nor any agent of developer is discriminating against any V-9 '9 individual involving employment as prohibited by the terms of such Ordinance No. 7278 (as amended by Ordinance No. 7400). J. K. L. The attached Exhibits Appendix "A", B, B1, and C, and Location Map are made a part hereof for all intents and purposes. . Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. 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 . 6 day of 19jI. ATTEST: /L.h /)g Qt Glori Pearson City Secretary APPROVED AS TO FORM AND LEGALITY: r Gary J'i�inberger Assistant City Attorney Thomas Cll By Assistant City Manager DEVELOPER: THOMAS CROSSING L.L.C. By: Peter Tho s Owner V-10 c=--/ 7 J40 Contract Authorization Date � � 1 0 6 • •) ♦/ OAK OROVE GAF GROvE - REN ON A6 O f8 FORT o KIORTH `zr SPINKS ji AU?P0R r Mir 0 uuir �I; ,� WEc NC WTLLOY/ 2 RUS :'• ELM �Af Tys N15PE N OAK -'� 1 ` REDS OAK 'S ¢ O Y ki THOUSAND CAT 1 HARDG!J'�ROVV/£.� /) IBURLES0N - Rf1Ll Pro�ct Site ` P '4SE ONEJ ,� •r MAOE!!!:E t2 f A4T WRIH cry umir CENTRE TY� oti r%c t ��o �, BURLESOuaa�°` ,/ ;l �l Pop 16,1/3 CENT OAF._ • Ii MP THOMAS CROSSING, PHASE ONE 4 DTJNAWAY ASSOCIATES INC AV Engineers • Lcndscope Architects • Planners • Surveyors PHQIE (8817'335-1121 �i R0 (317) 428-31352FNC (617) 333°5 7437 s t.. '� 1 '1 3 ; _ .. •••^ .,, 7ti 1• '(� S ` t: .t3 - �8• F —F a5 2r 2K \ ¼, 2 p7 y.---' `7 / / 2 \I() 11 ' ,, - - I III)..._. tB , )5 a l- tl c LO 4<. 2 lf. ..` J.i ti 4 10 t Io it -41 2, !l 7 D t�.�, J Y� �.. b r 0 ' 77 a �• -'?.T ^~ 6 'f m1 1 _ - 714 '' 2A f"\`%n 7 _ _ �.+ .' te1 't . I t- A6 3� nr, , i _ '1 1 39 ,} 21 1 ;0 , 1 Oi y _ '''1 1 J ' ✓' t J' 24 8 8 i 2 9 1 a' $ t 42 LOT 1 17 2 f� 19 26 A �8 A t 5 33 40 PROP d� r 13 \ t�15 16 r 22 23 24 25 / y 7 ! 1 1 y 35 O .. 39 PAVEMENT 11 0 2R 1 N ,9 2 `;•, ( 12 1�,, 3 4 2 PRAs s 7 �Y PAVEMENT i e 39�� 6 ( % AO 14 ' FO 7, 4 "� 3 ` '< r', lb i' 4t ¼,.l� THOMAS CROSSING PHASE ONE 400 0 400 800 PA VING IMPROVEMENTS GRAPHIC SCALE IN FEET / 5 -INCH RE7NF. CA'JCREIE• PAVEMENT ON / X. 6-FNc'IES LIME -STABILIZED SUBGRADE // / // / DUNAWAY ASSOCIATES INC Engineers • Londscope Architects • Planners • Surveyors 1601 IERPoWC CRCLE. SU1E 100 FORT Y=7K 1FXAS 76107 PHONE (817) 135-1121 METRO (817) 429-2138• rAX (617) 333-7437 EXHIBIT 'B' 1, � � ,. �, r ry 1 a i. ti7 e9c� ' S'•` 73 It to 11 1 ,t _ 1 '1`J '` 1� 1 s x t., `!� y �, i 31 - —off Ci: ..PROP i + 19 t t/ �� .` 55 • - 23 PROP � . .. 22'' �:f 79s, PRA° f � ,.-"+ 8 8` Sc , ti 3� 1 1 \1 t 12 :.PRA g <{ PRQP%Ri1?' r RQp{ RIP-'- 30 42 PROP 9 BX3'BOX - �a` • , . � 16 t9 t6 j7 15 1 25 2�y„i (tjt8 '7'1 ,s••'•. ` � ��r�,.l 6 � S2 � � 6v ` P,RO�'� Q 39 i 6X3 ` 2 z j LL 1.01 LOT iPR' 6X3 BOX 12 t3 14 % i� 1iE 21 22 23 35 3F 36 i 38 i 20 Sc 37 / � t tt ii tg t9 i 29 \; , 3 PRLP PRGP `�§ t6 t7 J PROP 3=':` < ' 29� 35 6X3 BOX / 2-4X2 BOX TM 15 }.•' �. >' ?5 34 / 3 6 13 1 e PROP . R i -.'', �1 -1 2 3O t S2 7 24' RCP \ 3 / t2 33 pE\ PROP / // / 5 11 ,7Z to ` sa'•, g'� / 2-6X3 BOX }' , ': RIIPp-RAP // / // 2-5X3 BOX . tt; Z 'ld. - y 2-5X4 B0 4 / - THOMAS CROSSING PHASE ONE 400 0 400 800 STORM DRAINAGE IMPROVEMENTS GRAPHIC SCALE IN FEET. DUNAWAY ASSOCIATES INC Engineers • Landscape Architects • Planners • Surveyors PHONE (av7) 335 1121 WEIRO�(100 7) 42135 AFT X (T E 7) 3355-7437 EXHIBIT 'B- )' o � / • " • • 2 lT '-..,Hn t 2S �g r .. �.- �7 t as . t 5 _. , . _ 1 _ T 't t 4 12 <- B -`-. 'G..: -•'-it t}, -- 4_ { 3R i 2 ._ "-• -.y t; c-' -`}. i, ;. i C+�- is • r. 35 �;.�_ 1vi�J 42 r' 1 }--��..�=,�2�•,• 31 t2 3a 3a `=5 1a 17 1a ��25``•Y ` 15 r" 3� i' •� g 3a 3© 2 3 7 PAPMWDVT 58' 21;22"l 1 /^ >-Ej 9 ,,Y II 28' F —F LOt1 Ott 0 LOT 1 PROP PAMMENT 30 33 34 / 313r\ / 5—M1 REINF. QO J 7E PAWMDVT AN / X. 6-1NcHES LATE—STABIUgD SUBG ADE / / // /1 //? /0 `-j - ` ~ PROPOSED STREET LIGHTS THOMAS CROSSING PHASE ONE DL NAWAY ASSOCIATES INC 0 400 800 PAVING Engineers • Landscape Architects • Planners': Surveyors IMPROVEMENTS100 (� 11121 Wt1R0 (at)) 425-2135 AX (517) 335-7437 PHIC SCALE IN FEET EXHIBIT P ,e 0 O 0 ESCROW/PLEDGE AGREEMENT THIS ESCROW/PLEDGE AGREEMENT (the "Agreement"), entered into as of August 3, 1998, by and among Thomas Crossing L.L.C. ("Developer"), the City of Fort Worth, Texas, a municipal corporation of Tarrant County, Texas ("Fort Worth") and First National Bank of Tarrant County, Texas N.A., ("FNB") is to witness the following: WHEREAS, Developer and Fort Worth have entered into a Community Facilities Agreement for Onsite Storm Drain & Paving Improvements to serve Thomas Crossing, an addition to the City of Fort Worth, Tarrant County, Texas ("CFA"); and WHEREAS, the contract provides that Developer shall submit to Fort Worth performance and payment bonds, cash deposits or other security acceptable to Fort Worth (collectively, the "Intended Security") for the purpose of guaranteeing satisfactory compliance by Developer with all requirements, terms and conditions of the CFA (collectively, the "Secured Obligations"), and WHEREAS, Developer and Fort Worth desire and agree that Developer be allowed to escrow and pledge cash deposits to Fort Worth, to be held by First National Bank of Texas as Escrow Agent, in lieu of and in complete satisfaction of the obligation to submit the Intended Security to secure the performance of the Secured Obligations; NOW THEREFORE, for and in consideration of the premises, ten dollars ($10.00) and other good valuable consideration, the receipt, sufficiency, and adequacy of which are hereby acknowledge and confessed, the parties hereto agree as follows: SECTION 1. DEFINED TERMS. For the purposes of this Agreement, unless the context otherwise clearly requires, the following terms that shall have the following meaning: "Initial Security Funds" shall mean the cash deposit of $1,347,068.00 which sum represents 125 percent of the estimated Developer's share of the cost of constructing the improvements identified in the CFA. The Developer's share of the total cost of such improvements shall hereinafter be called the "Estimated Developer's Cost". "Lien" shall mean any lien, security interest, charge, tax lien, pledge or encumbrance designed to secure the repayment of indebtness or the satisfaction of any other obligation to a third party not a party to this Agreement. "Payment and Performance Bond" shall mean a bond issued by a corporate surety or insurance company acceptable to Fort Worth in an amount equal to cost of improvements not yet completed by Developer. c CD SECTION 2. PLEDGE As security for the full and punctual performance of the Secured Obligations, Developer hereby pledges, assigns, and transfers to Fort Worth, and hereby grants to Fort Worth a security interest in, the Initial Security Funds and all rights and privileges pertaining thereto with the exception of the interest income to be derived therefrom, which interest income shall remain the property of Developer and shall be distributed by First National Bank of Texas in accordance with Developer's periodic instructions. (The Initial Security Funds and any substitution by Developer with a Payment and Performance Bond as permitted hereunder, are collectively referred to hereafter as the "Pledge Collateral"); TO HAVE AND TO HOLD the Pledge Collateral, together with all rights, titles, interests, privileges, and preferences appertaining to or incidental thereto, unto Fort Worth subject, however, to the terms, covenants, and conditions hereinafter set forth. The security interest granted and the assignments made hereunder are made as security only and shall not subject Fort Worth and First National Bank of Texas to, or transfer or in any way affect or modify, any obligation of Developer with respect to any of the Pledge Collateral or any transaction involving or giving rise thereto. SECTION 3. PHYSICAL POSSESSION OF PLEDGE COLLATERAL Concurrently with the execution of this Agreement, Developer shall have delivered to and deposited with First National Bank of Texas the Initial Security Funds representing or evidencing the Pledge Collateral. The parties acknowledge and agree that First National Bank of Texas shall be required to segregate the Pledge Collateral from other funds held by First National Bank of Texas for Developer in accordance with the normal practices of First National Bank of Texas as an Escrow Agent. First National Bank of Texas shall return all funds on deposit representing or evidencing the Pledge Collateral remaining in its possession to Developer (or take such other action as Developer may request or direct) immediately after receipt of written notice from Fort Worth that the Secured Obligations have been fully performed. During such time as First National Bank of Texas has possession of the Pledge Collateral, First National Bank of Texas shall furnish to Fort Worth (when requested by Fort Worth) written acknowledgment signed by an officer of First National Bank of Texas detailing the amount of the Pledge Collateral. SECTION 4. COVENANTS. (a) Affirmative Covenants. So long as any of the Secured Obligations remain unperformed, Developer covenants and agrees that Developer will: (1) from time to time execute and deliver to Fort Worth all such assignments, certificates, supplemental writings, and other items and do all other acts or things as Fort Worth may reasonably request in order to evidence and perfect the security interest of Fort Worth in the Pledge Collateral; (ii) furnish Fort Worth with information which Fort Worth may reasonably request concerning the Pledge Collateral; and (iii) notify Fort Worth of any claim, action, or proceeding affecting title to the Pledge Collateral or Fort Worth's security interest therein. (iv) adjust the Pledged Collateral to an amount equal to the actual contract price, including revisions thereto. (b) Negative Covenants. So long as any of the Secured Obligations remain unperformed, Developer covenants and agrees that Developer will not: (i) assign or transfer any rights of Developer in the Pledge Collateral; or (ii) create any lien in the Pledge Collateral, or any part thereof, or permit the same to be or any part thereof, or permit the same to be or become subject to any lien except the security interest herein created in favor of Fort Worth. SECTION 5. EVENTS OF DEFAULT. Developer shall be in default under this Agreement only upon the happening of any of the following events (a Default): (a) default in the timely payment or performance of the Secured Obligations after written notice thereof has been given to Developer and First National Bank of Texas and such default is not cured within seven (7) days after such notice; (b) any affirmative or negative covenant is breached by Developer. SECTION 6. RIGHTS AND REMEDIES OF FORT WORTH UPON AND AFTER DEFAULT (a) Remedy. Upon the occurrence of a Default, Fort Worth shall have the right to direct First National Bank of Texas to transfer to Fort Worth all of the Pledged Collateral. First National Bank of Texas is hereby authorized to transfer the Pledged Collateral immediately upon the receipt of a written statement purposing to be executed by an authorized representative of Fort Worth stating that: (i) a Default by Developer has occured under the Thomas Crossing Community Facilities Agreement executed in connection with this Escrow/Pledge Agreement; (ii) written notice of such Default has been giving by Fort Worth to Developer and First National Bank of Texas and such Default was not cured within seven (7) days after such notice; and (iii) Fort Worth is entitled to have the Pledge Collateral transferred in accordance with the Agreement. (b) Notices. Any notice required or permitted to be given to any party hereto shall be given in writing, shall be personally delivered or mailed by prepaid certified or registered mail to such party at the address set forth below, and shall be effective when actually received Thomas Crossing L.L.C. Attn. Peter Thomas P.O. Box 884 Mansfield, TX. 76063 Fort Worth Attn. Raquel Velasquez Adm. Assistant/Development Engineering 1000 Throckmorton St. Fort Worth, TX. 76102 CD a with a copy to: First National Bank of Texas Att. Mel Wilde 7300 S. Hulen Fort Worth, Texas 76133 Any party may change its address for notice by giving all other hereto notice of such change in the manner set forth in this Section no later than ten (10) days before the effective date of such new address. SECTION 7. EXCLUSIVE RIGHTS AND REMEDIES. If the Developer fails to perform its obligation under the CFA, Fort Worth's sole and exclusive remedy shall be to complete the obligations of Developer's expense. In furtherance of such sole and exclusive remedy, Fort Worth is entitled to exercise its rights as set forth in Section 6 hereof. SECTION 8. SUBSTITUTION OF COLLATERAL. Notwithstanding any contrary provisions in this Agreement, Developer shall have the right (without the consent of Fort Worth), at any time and from time to time, to obtain releases of all or and part of the Pledge Collateral (hereinafter called the "Released Collateral") upon satisfaction of the following conditions: (a) Developer shall provide Fort Worth and First National Bank of Texas written notice (the "Substitution Notice") that Developer desires to obtain Released Collateral (as specified and described in such notice) in exchange for a contemporaneous substitution of a Payment and Performance Bond (as also specified and described in the Substitution Notice); and (b) Developer shall pledge to, or obtain for the benefit of, Fort Worth, and deliver to Fort Worth a Payment and Performance Bond from a surety acceptable to Fort Worth (the "Substituted Collateral") which Substituted Collateral shall in the aggregate be at least equal to the Estimated Developer's Cost: and (c) Said Payment and Performance Bond shall be accompanied by a written commitment from the surety that such Performance and Payment Bonds shall cover all work which has occured prior to the substitution of Collateral provided for in this Section. Upon satisfaction of the above -specified conditions, First National Bank of Texas shall be authorized (without the consent of Fort Worth) to return to Developer the original Intended Security Funds in First National Bank of Texas possession that represent or evidence the Released Collateral or take such other action with respect to the Released Collateral as Developer may request or direct. Developer shall pay the expenses incurred by First National Bank of Texas in connection with obtaining each such release and substitution. �:v�.✓ SECTION 9. PERIODIC WITHDRAWAL OF COLLATERAL Notwithstanding any contrary provision in this Agreement, Developer shall have the right to periodic withdrawals of the Pledge Collateral (hereinafter called the "Withdrawn Collateral"), upon satisfaction of the following conditions: (a) Developer shall provide Fort Worth and First National Bank of Texas with written notice (the "Withdrawal Notice") that Developer desires to obtain the Withdrawal Collateral; and (b) the balance of the Pledge Collateral after withdrawal of the Withdrawn Collateral is at least equal to the estimated value of the Secured Obligations then remaining to be performed (such remaining value is hereinafter called the "Estimated Cost to Complete"). The Withdrawal Notice shall include a description of the Withdrawn Collateral and Developer's calculation of the Estimated Cost to Complete. Upon receipt of the Withdrawal Notice, Fort Worth shall have seven (7) calendar days to notify Developer of Fort Worth's objection to Developer's calculation of the Estimated Cost to complete by providing Developer with Fort Worth's calculation of the Estimated Cost to Complete. The grounds for any objection are limited solely to a good faith determination by Fort Worth that the balance of the Pledge Collateral is insufficient to cover the Estimated Cost to Complete. If Fort Worth fails to timely notify Developer and First National Bank of Texas of any objection, then Developer's calculation shall be deemed to have accepted and approved by Fort Worth and First National Bank of Texas is authorized to release the Withdrawn Collateral requested by Developer without delay. In the event a written objection is timely filed by Fort Worth and Fort Worth's calculation is within a range of five percent (5%) of Developer's Estimated Cost to Complete, then Fort Worth and Developer, through a designated representative, will reconcile the calculations and jointly approve an Estimated Cost to Complete and advise First National Bank of Texas to disburse the amount originally submitted by Developer, less any amounts necessary to ensure that the balance of Pledged Collateral equals the Estimated Cost to Complete as jointly determined by Fort Worth and Developer. If after the expiration of two (2) years from the date of this Agreement either (i) none of the Secured Obligations have been performed; or (ii) the term of the CFA has not been extended by Fort Worth, then in either event, Fort Worth shall be entitled to receive the Pledge Collateral as specified in Section 6 and construct the improvements contemplated in the CFA. SECTION 10. NON -ASSIGNABILITY OF FORT WORTH'S RIGHTS. The rights, powers, and interest held by Fort Worth hereunder in and to the Pledge Collateral may not be transferred or assigned by Fort Worth in whole or in part. Any attempted transfer or assignment shall be absolutely void and shall entitle Developer to a release of all Pledge Collateral. SECTION 11. NO WAIVER No waiver by Fort Worth of any default shall be deemed to be a waiver of any other subsequent Default. No delay or omission by Fort Worth in exercising any right or power hereunder shall impair any such right or power or be construed as a waiver thereof, nor shall any single or partial exercise of any such right or power prelude other or further exercise thereof. SECTION 12. BINDING EFFECT. This agreement shall be binding on the parties, their successors and assigns. No provisions of this Agreement may be amended, waived, or modified except pursuant to a written instrument executed by Fort Worth, First National Bank of Texas and Developer. SECTION 13. CHOICE OF LAW. This Agreement is to be construed and interpreted in accordance with the laws of the State of Texas. SECTION 14. COUNTERPARTS. This Agreement may be executed in any number of multiple counterparts and by different parties on separate counterparts, all of which when taken together shall constitute one and the same agreement. SECTION 15. FIRST NATIONAL BANK OF TEXAS INDEMNITY. Developer hereby agrees to release, hold harmless, and indemnity First National Bank of Texas (and its directors, officer, employees, agents and representatives) from and against all claims, damages expenses, cost, suit and other liability of any kind whatsoever over that arise out of or are directly or indirectly related to the performance by First National Bank of Texas of its duties hereunder except for the gross negligence or willful misconduct of First National Bank of Texas or its directors, officers, employees, agents or representatives. C' p Thomas Crossing L.L.C. By: Peter Thomas, Authorized Agent Fort Worth By: f1// v If 4p fry Mike Groomer Assistant City Manager Date: First tional Bank of xas By: Date: E VED AS TO PORN AND LUGALITY: tant City Attorney �� 4 1 IL I City of Fort Worth, Texas "elgor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/8/99 **C-17460 20THOMAS 1 of 1 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH THOMAS CROSSING, LLC FOR THE INSTALLATION OF COMMUNITY FACILITIES TO THOMAS CROSSING PHASE I RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a revised Community Facilities Agreement with Thomas Crossing, LLC, for the installation of community facilities for Thomas Crossing Addition, Phase I. DISCUSSION: On March 23, 1999, by M&C C-17332, the City Council approved a Community Facilities Agreement with Peter Thomas. The name of the developer should have been Thomas Crossing, LLC. This is a single-family development (82 lots) located in southwest Fort Worth between Burleson-Retta Road and the city limits. This development is located in COUNCIL DISTRICT 8. This action will authorize the appropriate revision to the contracting party. The terms of the previously approved Community Facilities Agreement are not changed. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds were appropriated on March 23, 1999, through the approval of M&C C-17332. MG:j Submitted for City Manager's Office by: Mike Groomer 6140 FUND ACCOUNT CENTER AMOUNT CITY SECRETARY (to) APPROVED CITY COUNCIL JUIJ 8 1999 te/ City Secretary of the City of Fort Worth, Texas Originating Department Head: Hugo Malanga 7801 (from) C115 511010 020115095215 $50,904.00 Additional Information Contact: Hugo Malanga 7801