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HomeMy WebLinkAbout024996 - Construction-Related - Contract - Lumberman's Investment CorporationCOMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS S COUNTY OF TARRANT S V."rIEREAS, Lumbermen's Investment City Secretary Contract No. __ Corporation, hereinafter called "Developer", desires to make certain improvements to Parkwood Hill Addition, Parkwood Hill Boulevard and Redwood Trail, 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 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 Chuck Hudson, its duly authorized Vice President and the City, acting herein by and through Mike Groomer, its duly authorized Assistant City Manager, for and in consideration of the covenants and agreements herein performed and to be performed, do hereby covenant and agree as follows, to -wit: OIICDAII. CO Col pNj "EICr121 IAA EY O O SECTION ONE ©- COMMUNITY FACILITIES AGREEMENT to install WATER AND SEWER SERVICES for PARKWOOD HILL BLVD AND REDWOOD TRAIL IN PARKWOOD HILL ADDITION 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 $_975.00. The City agrees to record the location of each said service line in respect to the corner of ' the lot served, and to retain said records in its possession. C. The construction cost of the water facilities herein concerned, exclusive of service lines and engineering, is estimated to be ONE HUNDRED FORTY- NINE THOUSAND EIGHTY-TWO Dollars ($149082.00). 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 $_570.00. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. E. The construction cost of the sanitary sewer facilities to be installed hereunder, exclusive of service lines and engineering, is estimated to be ONE HUNDRED NINE THOUSAND TWO HUNDRED TWENTY-NINE Dollars ($ 109,229.00). • PROJIQ NAME: PARKWOOD HILL BLVND REDWOOD TRAIL PARKWOOD HILL ADDITION 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 care 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 Developer's 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 0 0 PROJECT NAME: PARKWOOD HILL BLVD AND REDWOOD TRAIL IN PARKWOOD HILL ADDITION (1) WATER FACILITIES: Estimated Estimated Total Developer City Cost Cost Cost (a) Mains, Within Development $ 149,082.00 $ 0.00 $149,082.00 Approach $ 0.00 $ 0.00 $ 0.00 (b) Easements* $ 0.00 $ 0.00 $ 0.00 (c) Services (3-1") $ 975.00 $ 0.00 $ 975.00 Sub -Totals, Water $ 150,057.00 $ 0.00 $150,057.00 (2) SANITARY SEWER FACILITIES: (a) Mains, Within Development $ 109,229.00 $ 0.00 $ 109,229.00 Approach $ 0.00 $ 0.00 $ 0.00 (b) Easements * $ 0.00 $ 0.00 $ 0.00 (c) Services (2-4") $ 570.00 $ 0.00 $ 570.00 Sub -Totals, Sewer $ 109,799.00 $ 0.00 $ 109,799.00 (3) TOTAL CONSTRUCTION COST: $ 259,856.00 $ 0.00 $ 259,856.00 (4) CONSTRUCTION INSPECTION FEE: $ 5,197.00 $ 0.00 $ 5,197.00 *to be dedicated by the developer. I-3 PROJECTNAME: PARKWOOD HILL BLVD AND REDWOOD TRAIL IN PARKWOOD HILL ADDITION H. The above charges do not include any front foot charges for connection to existing or proposed water and/or sanitary sewer mains constructed or to be constructed under the provisions of the "APPROACH MAIN OPTION" as described in Section III. of the Policy for the "INSTALLATION OF COMMUNITY FACILITIES" adopted in September, 1992. These additional charges are as follows: 1. Applicable to this Contract in the amount of $ N/A. by Contract No. N/A dated N/A Applicable CFA Name N/A Date: N/A Number N/A I. When water facilities are installed by contract, installation of water services will be included as part of the contract. Installation of meter boxes on those services may be done by the City, after completion of construction of all relative curb and gutter work on the'water facilities project site, at a cost of $70/$135 per contract -installed charge to be due and payable prior to issuance of a Work Order on the water facilities installation contract. The above charges do not apply if the Developer elects to include meter box installation as part of the contract. However, meter boxes must conform City standards. J. Within a reasonable time after completion of the above referenced facilities to be constructed by contract awarded by the Developer, provided all conditions for City participation have been met, the City agrees to pay the Developer the "Estimated City Cost" set out in 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 AME: PARKWOOD HILL BLVD AID REDWOOD TRAIL IN PARKWOOD HILL ADDITION 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 any 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 foot 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 '22/; '/q7 Date I-5 STREET AND STORM DRAIN IMPROVEMENTS A. GENERAL PROVISIONS: 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 -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 utilitie§, with the City coordinating the utility construction. Prior to construction, the Developer will provide the City a list of all utilities that will require relocating, along with assurance that no conflicting street construction will take place until the utility relocation has been completed. The Developer further agrees that before commencing construction the City will be provided Performance and Payment bonds equal to 100% of the construction costs and a one year Maintenance Bond, for the constructed streets. The Developer also agrees that no street construction shall begin prior to the City Council's approval of this Community Facilities Agreement, in accordance with Section 104.100 of City Ordinance No. 7234. 4. Except where specifically stated otherwise in this contract, the Developer hereby agrees and binds itself to provide all necessary right-of-ways and/or easements required to construct the street improvements including any drainage outfall, in lengths, widths, and locations as approved by the City Engineer. 5. Unless the City is to prepare plans and specifications for a separate project of estimated value less than $10,000 as requested by the Developer, the Developer agrees to submit plans and specifications prepared by an approved Professional Engineer, registered in the State of Texas, proficient in Civil Engineering, for the improvements required under this agreement. Such plans shall be in compliance with the policies, ordinances, and rules of the City of Fort Worth, and are subject to approval by the City Engineer. After said plans are approved as witnessed by the signatures of the City Engineer and of the 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 CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL calendar daa after having been instructed to cio, 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. 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. 8. The Developer agrees to furnish to the City simultaneous with Developer's execution of this agreement, "performance and payment bonds" or cash deposit in accordance with "General Requirements," Section V, Paragraph F (4) of this agreement. These bonds or deposit will be conditioned upon the satisfactory compliance by the Developer with all requirements concerning improvements as set forth in this agreement, including, but not limited to, making payments to any persons, firm corporation or other entity with whom the Developer has a direct contractual relationship for the performance of City work hereunder. 9. 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. 10. In the event the Developer desires City participation and follows the procedure as set forth in Section IV and V of the Policy For The Installation of Community Facilities, the City's participation in the costs shall be as shown in Section II -B, (Street Improvements) and Section II -C (Storm Drainage Improvements) of this agreement. In no event shall the City be liable to the Developer for any payments in excess of the City's estimated participation unless and until there is separate and formal approval by the City Council to pay such excess amount. 11. 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. 12. 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 CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-2 t all projects rQrdless of size. The setting of line a 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. 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. 13. 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. 14. 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: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL I& B.' STREET IMQDVEMENTS BY DEVELOPER: O 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: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-4 O 2. Cost Distribution: X U 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 shallbe 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 railroad crossings shall be in accordance with this Section. Furthermore, if it is necessary for the City to condemn Railroad property, the developer shall reimburse the City the entire cost of the condemnation process including attorney fees plus any other costs associated with the right-of-way and or easement acquisition. e. City shall pay engineering costs in the amount of six percent (6%) of the actual cost of the City's share of construction as defined above ,upon completion and acceptance of the street facilities. However for preparation of Community Facilities Agreements, the City shall use six percent (6%) of the estimated cost of its share of construction as defined for designed above engineering. f. 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 CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-5 ' Development COlinator. For the preparation of a com ity facilities agreement, twopercent (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: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-6 4. Estimate of Construction b. t O Item 49' Wide Roadway 6" Reinforced Concrete 6" Lime Stab. Subgrade 4' Wide Std. Sidewalk Unit Developer City* Park Total Quantity Price Cost Cost Cost Cost 6,239 L.F. $134.76 $746,350 $50,785 $43,633 $840,768 6,007 L.F. Sub -Total 10% Contingencies Total 12.00 72,084 -0- -0- 72,084 $818,434 $50,785 $43,633 $912,852 81,843 50,079 4.363 91,285 $900,227 $55,864 $47,996 $1,004137 *City's participation due to proposed park site is $_47,996 . CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-7 C. STORM DRAINAGE IaOVEMENTS: 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: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL II -8 C O 2. Cost Distribution: O 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 tb 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: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-9 0 0 0 0 Watershed Area City's Participation (Acres) (% of Cost) up to - 1,00025 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, one hundred percent (100%) of the additional cost of the drainage facility necessary for that excess CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-10 0 0 width will C aid 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 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 CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL C O shall, be used. O the time when bids are submitted arrior 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: S CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-12 C O O U 3. Estimate of Construction Cost UNIT DEVELOPER CITY* TOTAL ITEM QUANTITY PRICE COST COST COST 10' Recessed Sump Inlet I Ea. $2,500.00 $2,500.00 $-0- $2,500.00 10' Recessed On -Grade Inlet 9 Ea. 2,375.00 21,375.00 -0- 21,375.00 15" Recessed On -Grade Inlet 1 Ea. 3,275.00 3,275.00 -0- 3,275.00 18" R.C.P. 535 L.F. 28.00 14,980.00 -0- 14,980.00 24" R.C.P. 1,536 L.F. 34.00 52,224.00 -0- 52,224.00 27" R.C.P. 591 L.F. 37.00 21,867.00 -0- 21,867.00 30" R.C.P. 434 L.F. 40.00 17,360.00 -0- 17,360.00 36" R.C.P. 183 L.F. 56.00 10,248.00 -0- 10,248.00 Multi 30" Type B Hdwl. 1 L.F. 3600.00 3,600.00 -0- 3,600.00 4' Square Manhole 6 Ea. 2,600.00 15,600.00 -0- 15,600.00 12' x 4' S.D. Manhole 1 Ea. 7,000.00 7,000.00 -0- 7,000.00 Concrete Pluge 5 Ea. 300.00 1,500.00 -0- 1,500.00 Trench Safety 3,279 L.F. 1.00 3,279.00 -0- 3,279.00 Sub -Total $174,808 $-0- $174,808 10% Contingencies 17,481 -0- 17,481 Total $192,289 -0- $192289 City's participation due to proposed park site is $ -0- CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-13 O U 3. Estimate of Construction Cost UNIT DEVELOPER CITY* TOTAL ITEM QUANTITY PRICE COST COST COST 10' Recessed Sump Inlet I Ea. $2,500.00 $2,500.00 $-0- $2,500.00 10' Recessed On -Grade Inlet 9 Ea. 2,375.00 21,375.00 -0- 21,375.00 15" Recessed On -Grade Inlet I Ea. 3,275.00 3,275.00 -0- 3,275.00 18" R.C.P. 535 L.F. 28.00 14,980.00 -0- 14,980.00 24" R.C.P. 1,536 L.F. 34.00 52,224.00 -0- 52,224.00 27" R.C.P. 591 L.F. 37.00 21,867.00 -0- 21,867.00 30" R.C.P. 434 L.F. 40.00 17,360.00 -0- 17,360.00 36" R.C.P. 183 L.F. 56.00 10,248.00 -0- 10,248.00 Multi 30" Type B Hdwl. 1 L.F. 3600.00 3,600.00 -0- 3,600.00 4' Square Manhole 6 Ea. 2,600.00 15,600.00 -0- 15,600.00 12' x 4' S.D. Manhole 1 Ea. 7,000.00 7,000.00 -0- 7,000.00 Concrete Pluge 5 Ea. 300.00 1,500.00 -0- 1,500.00 Trench Safety 3,279 L.F. 1.00 3,279.00 -0- 3,279.00 Sub -Total $174,808 $-0- $174,808 10% Contingencies 17,481 -0- 17,481 Total $192,289 -0- $192,289 City's participation due to proposed park site is $ -0- CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-13 D. SUMMARY OF COST: DEVELOPER CITY PARK TOTAL Street Improvements Construction $900,277 $55,864 $47,996 $1,004,137 Design (6% of Construction Cost) 3,352 2,880 6,232 Construction Engineering and Administration (6% if Construction Cost) a 18,006 °39,362 2,880 60,248 Storm Drain Improvements Construction 192,289 0 0 192,289 Design (0% of Construction Cost) 0 0 0 Construction Engineering and Administration (8% of Construction Cost) b3,846 d 11,537 0 15,383 Street Light Improvements (III) Construction 38,000 0 0 38,000 Design (0% of Construction Cost) 0 0 0 Construction Engineering and Administration (10% of Construction Cost) 3,800 0 0 3,800 Street Name Sign Improvements (IV) Construction 160 0 0 160 TOTALS (THIS PROJECT) $1,156,378 $110,115 $53,756 $1,320,249 *The sum of $ 1,156,378 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. City's participation due to facilities constructed adjacent to City Park is: Streets $ 53,756 ; Storm Drains $ -0- a,b Represents two percent (2%) respectively of the Developer's share of the estimated construction costs for construction inspection and materials testing. c,d Represents the City's share of the construction engineering and administration cost. Recommended HufclaIanga, P.E., tor Transportation and Public Works ® S /1' a/ 3 Date Based on Policy Revised September, 1992 CFA Code: 97030 CONTRACT FOR: PARKWOOD HILL ADDITION, PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL 11-14 III 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST INTERSECTIONS 2 EA $ 2,000 Parkwood Hill Blvd. & Basswood Blvd. Parkwood Hill Blvd. & Redwood Trail MID -BLOCK RESIDENTIAL 0 EA $ 2,000 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,000 MID -BLOCK COLLECTOR 17 EA $ 2,000 12 each on Parkwood Hill Blvd. 5 each on Redwood Trail MID -BLOCK ARTERIAL PARKWAY 0 EA $ 2,000 MID -BLOCK ARTERIAL MEDIAN 0 EA $ 2,200 Subtotal City's Cost Developer's Subtotal 10% Contingencies Project Total Adjacent Developer's Cost Developer's Cost PARKWOOD HILL BLVD & REDWOOD TRAIL TOTAL COST $ 4,000 $38,000.00 $ ---0--- $38,000.00 $ 3,800.00 $41,800.00 $ ---0--- $ 41,800.00 Fort Worth, Texas April 5, 1999 III -1 O 2. STREET LIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at the approximate locations shown in Exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications 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 l'% -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 l -4 -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. Before the city 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. PARKWOOD HILL BLVD & REDWOOD TRAIL Fort Worth, Texas III -2 April 5, 1999 (3 Li 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 two (2) intersections at a cost to the Developer of $160.00: Parkwood Hill Blvd. & Basswood Blvd. Parkwood Hill Blvd. & Redwood Trail 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. PARKWOOD HILL BLVD & REDWOOD TRAIL Fort Worth, Texas IV -1 April 5, 1999 © U ADDENDUM The following constitutes an Addendum to be read and construed with and as a part of that certain Community Facilities Agreement, heretofore entered into by and between Lumberman's Investment Corporation, through Chuck Hudson, Vice President, developer and the City of Fort Worth, a municipal corporation in Tarrant County, Texas dated , and designated as Contract No. ,in the office of the City Secretary of the City of Fort Worth, Texas. (1) The developer and the City hereby agree as follows: A. Developer agrees to deed to the public one parcel of land approximately 8.64 acres in size out Parkwood Hill Addition, Parkwood Hill Boulevard and Redwood Trail 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 "A", Plat of Parkland Dedication, which is hereby incorporated herein by reference for identifying the dedicated parkland. 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. Developer agrees to provide a minimum of six (6") inches of topsoil over areas of cut or fill within the designated park areas. The topsoil shall be relatively free of rock and other debris. C. Developer agrees to seed areas of cut or fill 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. -ec xosrn:we �..viy necawtruF�.v.W�nooa FL1� BM.a Red�.wd TMi Mb Ady�idee O U F. 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 me WM'V.wa *WW D..wW MAM&t—" MII WA.: R.dw."Tnii T.k. Ad&.&.M. © U V. 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 53.756. B. The City's share of park paving costs to the proposed park will be due and payable to the developer upon: Completion of park paving; and 2. Restoration of the park property after construction. Whichever event occurs last. Recommended, it iervices Department -PC 209t'D9eld drNy D.... FMPAdw.. M Dlyd edR�M+od [rVI Pr6 Addadadx 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 13. 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 designengineering, 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 Q U 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 O U 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: 1, O (1) The bonds will be standard performance and payment bonds provided by a licensed surety company on forms furnished by that surety company. (2) The bonds will be subject to the review and approval by the City Attorney. (3) The performance bond shall be payable to the City and shall guarantee performance of the street, storm drain, street light, and street name sign construction contemplated under this contract. (4) The Payment Bond shall guarantee payment for all labor, materials and equipment furnished in connection with the street, storm drain, street light, and. street name sign construction contemplated under this contract. (5) In order for a surety company to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the , amount shown on the Treasury list for that company. b. Cash Deposits: A cash deposit shall be acceptable with verification that an attempt to secure a bond has been denied, such deposit shall be made in the Treasury of the City of. Fort Worth. The City of Fort Worth will not pay interest on any such cash deposit. ('I) 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 U U (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 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 V-6 a U (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 © U 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 theexpiration of this agreement. In the event any of such separate elections has not been made and delivered to City by such date, it shall be conclusively presumed that the developer has elected that such work be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph V -F hereof. 2. Irrespective of any such election and whether the work is to be performed by the City, or by its contractor or by the developer through its contractor, the developer covenants and agrees to deliver to the City a performance and payment guarantee in accordance with the provisions of Paragraph V -F of this agreement. 3. In addition to the guarantee required in the preceding paragraph, in the event developer elects that the work be performed by the City, or by the City's contractor, or such election is presumed as provided above, the developer covenants and agrees to pay to the City the developer's share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections I, II, 111 and V 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 1T : 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 inany 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, A-1, B, B-1, C and D, and Location Map are made a part hereof for all intents and purposes. K. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. L. The City's Policy for the Installation of Community Facilities, as adopted by the City Council on September 1992, is hereby incorporated herein by reference, and Developer covenants and agrees to comply with said Policy as a condition of this contract and as a condition to the platting of the subject property. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the ''day of ,19' ATTEST: GLOP PEARSON City Secretary APPROVED AS TO FORM AND LEGALITY: v Gary J. Steinberger Assistant City Attorney Contract Authorization .4' I:.. :. Date CITY O FOR R H, TEXAS By: Mike Groomer Assistant City Manager DEVELOPER: LUMBERMEN'S INVESTMENT CORPORATION By: ,. Chuc1 Hudson Vice President Vi 10 NORTH S 1 L C) "4GRAPEVRVE LAKE WSE CO. QEnITTHU Co _ TA 4Nr CO. PMECi EAGLE m9 • LOCA7W MOUVTAIV LAKE 18 f LAKE WORTH 30 F FORT WORTH 87 LAKE ARLNVGTON BEA1ROOK LAKE LOCATION MAP NTS LOCATION MAP W."-ARKWOOD'H III_I _ ADDETRON PARKWOOD IRU -X_ 1 1_`-'I>. Locatedin IFort Worth, Texas O BY: LUMBINVESTMENT CORP. Dallas, Texas 75240 (972) 702-6699 JUNE, 1997 PRBPAPfl BY: GOODWINI M RtHALL I arrM12 M*o N177) 420 4373 CONTACT: MR. MATT 0000MIN. P.E. PARKWOOD E L L ADDITION PARKWOOD IEI.IL BLVD. & REDWOOD TRAIL WATRR LAYOUT EXbibit "A"* 12" M.L. O W N O 0 Ct a EXISTING \\� 12" M.L. 'I i1 ; 1 ................. f ..............'................. Z GRAPHIC SALE 1'300' 0 500 1000 1300 12' M.L - LEGEND PROP. WA TER LINE PROP. FIRE HYDRANT ASSEMBL Y -j- PROP. GATE VALVE ►� `' a PRRPARMBYI GOODWiN! w A1ffALLI CElLE3lOr —PIAN—.{EEIlJ011. rrw molm)UMM PARXWOOD HELL AMMON ]PARKWOOD HM L BLVD. & REDWOOD TRAIL SANITARY SEWER Exhibit "A-1" -I. .................................................... i.. GRAPHSC SCALE 1700' 0 500 1000 1300 PREPARED BY: GOODWINI MA1RSHALL t CJYLl3MM 1�-RN�Is1i-Vt>f1YEYGM u.w 4n4m Q W J O eoac eool •ooa a .01F.1 jlge ]I/ Z —r,.._ MM aoo1&ciai V 'CIA ISTEE QOOM1uQl i xoWaav 1OOMfl1Va PAP"OOD } 1LL ADD ON PAP"OOD Hffi.L BLVD. & REDWOOD TRAM. STORM DRAIN Inhibit "B-1" .I- 10' 2 - 101 INLETS I - 10' INLETS Z GPAPHtC SCALE 1'300' 0 300 1000 1500 PROP. STORM DRAIN INLET PRAI GOODWIN! RAfARSHALL I M*O(ft7)4 4M a J 3 D -4 T) n D PARKWOOD MILL A®MON Z PARKWOOD Hal BLVD. & REDWOOD TRAIL STRESTUG}1I'S 94AFV1c ¢Y..E 1' -far E nC 0 !DO U00 1700 -o i � f • ;\ r p LF v i i ti _ _••., i r"a l 1 I r' PARK cAra vxrv� �� •�.., _ o (S C.:_..__la cI I tW I t-- 4i I LEGEND a m I I ANs 1 I al Ic IQ ICI 1 I I QI i HIGL cr �>rl ( I i C'i I I'� �t i>I PROP. SINGLE STREET LIGHT; 1 L..____-.i L.. -j PROP. STREET SIGN A @� C BOY�ST0N QRNF - ii 4&!P D ZLA A_ & -P 8 li�AZW1Y: I� - I —----•---• , I i • . I Q'a0ODNIM1 ; I -----•—s�`fix3`i7] L� — — — — /, � j ,�._ LAIIN /tRY�TTJI!rs ' i oMa w iw r� *L eoai ooc a .d I4� 000..� tins wwI ►1 O C 7mJ IrV�VJL 4lOOhdQ TIIIH GOOtA Wd Momuav'niH aOOc Jr U DEVELOPMENT BOND GUARANTEEING. PERFORMANCE AND PAYMENT OF IMPROVEMENTS Bond No. S5-02-98-1 KNOW ALL MEN BY THESE PRESENTS, that we, Lumbermen's Investment Corporation , as Principal, and Travelers Casualty and Surety Company of America, a corporation, organized and existing under the laws of the State of Connecticut and fully authorized to transact business in the State of Texas, as surety, are held and firmly bound unto CITY OF FORT WORTH, TEXAS, 1000 Throckmorton Street, Fort Worth, Texas, 76102, as Obligee, in the penal sum of One Million Two Hundred Seventy Five Thousand, Three Hundred and One/100 dollars ($1,275,301.00) in lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,_ Lumbermen's Investment Corporation has agreed to construct in Parkwood Hill Addition, Parkwood Hill Blvd. and Redwood Trail in the CITY OF FORT WORTH, TEXAS the following improvements: Proposed community facilities including streets, storm drains, water, sewer, street lights and street name signs WHEREAS, in the event of bankruptcy, default, or other nonperformance by Principal, claims against Principal or the development, Obligee may be left without adequate satisfaction. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described, and shall pay for the cost of all labor, materials and equipment furnished in connection with the construction O U of said improvements, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete the construction of said improvements or by reason of its failure to pay for the cost of same, then this obligation shall be null and void, otherwise to remain in full force and effect; and upon receipt of a resolution adopted by the City Council of the City of Fort Worth indicating that the construction of said improvements has not been completed, or that the costs for same have not been paid, the Surety shall complete construction of said improvements, and will pay all costs for construction of said improvements, or will pay to the City of Fort Worth such amount up to the amount of this bond which will allow the City of Fort Worth to complete construction of said improvements and to pay for the costs of same. PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any change order, supplemental agreement or amendment which increase the price of the aforementioned contract. PROVIDED FURTHER, that if any legal action be filed on this bond, the laws of the StateofTexas shall apply and that venue shall lie exclusively in Tarrant County, Texas. AND PROVIDED FURTHER, that the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of any contract for the public affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of such contract. O This bond is given pursuant to the provisions of Section 212.073 of the Texas Local Government Code, as such may amended from time to time. Signed, sealed and dated this 17th day of February ,19 98 DEVELOPER'S NAME TRAVELERS CAS & SURETY CO OF AMERICA Principal Surety By: l'h m , i. 9. c ' a ) Attorney -in -Fad O TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint Harold L. Shults, Jr., Pat Bridgwater, Carol A. Scharschmidt, Charity J. Kneifel or Cherryle Richey * * of Austin, TX, its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company, which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys -in - Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, .an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the - following Standing Resolution voted by the Board of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (over) O U INI/VITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Senior Vice President, and its corporate seal to be hereto affixed this 2nd day of February, 1998. ,po suRf�r STATE OF CONNECTICUT }SS. Hartford o HARTFORD.` c CONN. COUNTY OF HARTFORD 'yam TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By George W. Thompson Senior Vice President On this 2nd day of February, 1998, before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of ,19 y`y ,,ND SURpJyO HARTFORD, W CONN. * By Rose Gonsoulin Assistant Secretary S-2435 (7-95) City of Fort Worth, Texas "affor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/1/99 C-17456 20TRAIL 1 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH LUMBERMAN'S INVESTMENT CORPORATION FOR THE INSTALLATION OF COMMUNITY FACILITIES - PARKWOOD HILL BOULEVARD AND REDWOOD TRAIL IN PARKWOOD HILL ADDITION RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Lumberman's Investment Corporation for the installation of community facilities for Parkwood Hill Boulevard and Redwood Trail in Parkwood Hill Addition. DISCUSSION: Lumberman's Investment Corporation, the developer of Parkwood Hill Boulevard and Redwood Trail in Parkwood Hill Addition, has executed a proposed contract for community facilities to serve a single- family (361 lots) development located in northeast Fort Worth, north of IH820 and west of Highway 377. This development is located in COUNCIL DISTRICT 4. The developer has submitted a Performance and Payment Bond as financial guarantee. This project requires the construction of 6,007 linear feet of sidewalk. ESTIMATED COSTS: City City Project Cost Developer TPW Park Total I. Water $ 150,057 -0- -0- $ 150,057 Sewer 109,799 -0- -0- 109,799 Construction Inspection Fee 5,197* -0- -0- 5,197 II. Street Improvements Construction 900,277 $ 55,864 $ 47,996 1,004,137 Design Engineering -0- 3,352 2,880 6,232 Engineering and Administration 18,006* 39,362 2,880 60,248 Storm Drain Improvements Construction 192,289 -0- -0- 192,289 Design Engineering -0- -0- -0- -0- Engineering and Administration 3,846* 11,537 -0- 15,383 III. Street Lights 41,800 -0- -0- 41,800 IV. Street Name Signs 160 -0- -0- 160 TOTAL - $1,421,431 $110,115 $53,756 $1,585,302 (*) 2% Construction Inspection P City of Fort Worth, Texas 4vagor and cou"OR commu"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 6/1/99 C-17456 11 20TRAIL 2 of 2 SUBJECT COMMUNITY FACILITIES AGR MENT WITH LUMBERMAN'S INVESTMENT CORPORATION FOR THE INSTALLION OF COMMUNITY FACILITIES - PARKWOOD HILL BOULEVARD AND, REDWOO RAIL IN PARKWOOD HILL ADDITION PLAN COMMISSION APPROVAL - On August 28, :996, the Plan Commission approved application for preliminary plat (PP96029). Final plat (FP97048) h d s been submitted to City staff for review. On July 29, 1996, the Parks and Community Services Department was presented and approved the preliminary plat (PP -96-029) which noted the requirement of park land by Lumberman's Investment Corporation and 360 Parkway Ltd. These two companies dedicated a total of 8.64 acres of park land, which satisfies the current park land dedication requirement for PP -96-029. In accordance with the policy adopted by the City C uncil on March 28; 1997, the City will bear the -cost of all improvements including streets, water, sewi and storm drainage normally considered for cost distribution to the frontage directly related to the par site. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are availa Ie in the current capital budgets, as appropriated, of the Parks and Community Services Fund, the Perks and Recreation Improvements Fund, and the Street Improvements Fund. MG:k J! Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT ' CITY SECRETARY Office by: (to) TPPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: Hugo Malanga 7801 (from) l.1N 1 1999 GC05 541200 080050500250 $29,012.00 y ) Additional Information Contact: C1081 541200 080181046080 $24,74.4.00 I fit' `4A"i1 C115 511010 020115095215 $50,899.00 @� Start of the C115 541200__I 020115136283 $55,864.00 C'1t�oftFbrt Worth, Twin Hugo Malanga 7801 C115 531200 020115136283 $ 3,352.00 LL I