HomeMy WebLinkAbout025484 - Construction-Related - Contract - Pulte Homes of Texas, L.P.C-�
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�ITY SECRETARY
COMMUNITY FACILITIES AGREEMENT ��NTRACT NO.
to install
STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN
IMPROVEMENTS
For
PARK BEND ESTATES PHASE IV
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A. The Developer agrees to install or to cause to have installed, the street, storm
drainage, street lighting, street name sign and other community facilities
improvements shown as "current improvements" on the attached Exhibits B. B-1, C
AND D,
B. The Developer agrees to comply with all city accepted practices, ordinances,
regulations, as well as provisions of the City Charter, the City Subdivision
Ordinance, City Design Standards and the current Policy for Installation of
Community Facilities in the design, contracting and installation of required "current
improvements".
C. The Developer agrees to comply with the General Requirements contained herein
(Attachment A).
D. As shown on the attached "Summary of Cost", the Developer agrees to fund his
share of "current improvements" and to pay the City for his share of the cost of
street, storm drainage, street lighting, street name sign and other community
facilities shown as "future improvements" on the attached Exhibits B. B-1, C AND D.
Payment is due at the time this agreement is executed by the City and the
Developer.
E. The estimated total cost of current improvements and related support services
specified in this agreement, including design, construction and inspection is
estimated to be $145,225.
In accordance with the City's current Policy for Installation of Community Facilities
as shown in the Cost Summary on page 3,
The Developer shall contribute Dollars $145.225 of the total amount.
The City shall contribute Dollars $12,601 of the total amount for Park participation.
Developer agrees to provide, at his expense, all necessary rights of way and
easements required to construct current and future improvements provided for in this
agreement.
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F. Developer agrees to
the preliminary plans,
this contract.
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relieve the C�:y of
specification,� and
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any responsibilities for any inadequacies in
cost estimates supplied for the purpose of
G. Developer also agrees to ins#all or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
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K.
Developer agrees that no street �onstruction or storm drainage will begin prior to
City Council approval of this Co;mmunity Facilities agreement. (Article 104.100,
Ordinance 7234). �F
Developer agrees that no lot shall e occupied until improvements required herein
have been constructed (Article 10 100, Ordinance 7234).
Developer agrees to complete th improvements covered by this agreement within
90 calendar days after having bee � instructed to do so, in writing, by the Director of
Transportation and Public works. ,� 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 witt�in the 90-day period, the Developer gives the City
the right to design and award a c ntract, and inspect the improverrients in question,
and agrees to pay to the City pri � to the award of the contract, the amount of the
low bid.
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City participation in "current impro �ements" shall not exceed 125% of cost shown in
Summary of Cost. �
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Item
A. Construction
1. Streets
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2. Storm Drainage
3. Street Lights
4. Traffic Controi
Devices
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Surr��iimary of Cost
PARK BEND PHASE IV
Dev loper
C�st
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$113, 36
$11,8 6
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$17,6�0
$-0-
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$-0-
Estimated
City Cost
Park Cost
$10,958
$-0-
$-0-
$-0-
$-0-
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Total Project
Cost
$124,194
$11,886
$17,600
$-0-
$-0-
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5. Street Name �
Signs �
B. Engineering Design $-0- h $657 $657
�a� 6%)
C. Construction $2,5(��2 $986 $3,488
� Engineering
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Management by �
DOE �t
D. TPW Administration $-0- � $-0- $-0-
(c�� °�o) � --- - -- -
--TOTALS - __.._ .. _ - — $14 224 $12,601 $157,825
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NOTES: �
1. Forty-two (42) feet and wider street include sidewalk cost.
2. Construction items (1-4) cost inclu�es 10% contingencies for Developer and City.
3. Developer's column for Item C rep esents two percent (2%) costs for construction
inspection and materials testing. �
4. City not preparing plans and speci ications.
5. Park Department participation for treets adjacent to City Park is: $12.601.
CFA CODE 99018 bw
Case No. �
Prepared RV ,
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ATTACHMENT A
GENER�L REQUIREMENTS
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A. It is agreed and understood � y the parties hereto �that the developer shail
employ a civil engineer, licen ed to practice in the State of Texas, for the
design and preparation of plar"is and specifications for the construction of all
current improvements covered by this contract, subject to Paragraph B. �
B. For any project estimated t cost less than S 10,000 or for any project
designed to serve a single lot r tract, the developer may at his option request
the City to provide the desig engineering, and if such request is granted, the
developer shall pay to the Ci y an amount equal to 10 percent of the final
construction cost of such proj ct for such engineering services.
C. In the event the developer employs his own engineer to prepare plans and
specifications for any or all c� 'rrent improvements, the plans and specifications
so prepared shall be subject t. approval by the department having jurisdiction.
One (1) reproducible set of pl� s with 15 prints and 35 specifications for each
facility shall be furnished the�epartment having jurisdiction. It is agreed and
understood that in the ev�nt of any .disagreement on the plans and
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specifications, the decision of the Transportation/Public Works Department
Director, and/or Water Departr�ent Director will be final.
D. It is further agreed and under tood by the parties hereto that upon acceptance
by the City, title to all faciliti and improvements mentioned hereinabove shall
be vested at all times in � e City of Fort Worth, and developer hereby
relinquishes any right, title, � r interest in and to said facilities or any part
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hereof.
E. It is further agreed that the d cision of the City to not collect funds for "future
improvements" required in p evious CFA agreements does not constitute an
obligation on the part of the � ity to construct such "future improvements" at
its expense. ��
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F. Work hereunder shall be completed within two (2) years from date hereof, and
it is understood that any oblig�tion on the part of the City to make any refunds
with respect to water and/or'�sanitary sewer facilities or street, storm drain,
street light and street name ��ign shall cease upon the expiration of two (2)
years from date hereof, exce t for refunds due from "front foot charges" on
water and sanitary sewer mai�s, which refunds may continue to be made for a
period of ten (10) years corr mencing on the date that approach mains are
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accepted by the Director. If �ess than 70% of the eligible collections due to
the developer has been colle'�ted, the Developer may request in writing an
extension of up to an addition �I 10 years for collection of front charges. If the
construction under the Comm�nity Facilities Contract shall have started within .
the two-year period, the life �of the Community Facilities Contract shall be
extended for an additional on -year period. Community Facility Contracts not
completed within the time p riods stated above will require renewal of the
contract with all updated agr ments being in compliance with the policies in �
effect at the time of such ren al. 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 e understood by all parties to the Community
Facilities Contract that any � the facilities or requirements included in the
contract that are to be perfor` ed by the developer, but not performed by the
developer� within the time peri' ds stated above, may be completed by the City
at the developer's expense. �he City of Fort Worth shall not be obligated to
make any refunds due to the eveloper on any facilities constructed under this
agreement until all provisions the agreement are fulfilled.
G. PERFORMANCE AND PAYME�T GUARANTEES
1. For Street, Storm C�rain. Street Liaht and Street Name Sian
Improvements to be C��structed bv the Develoaer or Citv on Behalf of
the Develoaer: ��
Performance and Paym� nt bonds or cash deposits acceptable to the City
. are required to be fur; ished by the developer for the installation of
streets, storm drains, '�treet lights, and street name signs, on a non-
assessment basis, and must be furnished to the City prior to execution
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o# this contract. The p�rformance and pa�ment 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 h�undred twenty five percent (125%) of the
developer's estimated c�st of the streets, storm drains, street lights,
street name signs, and c�ange orders (during the course of the projectl.
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2. For Future Improvement��
Performance and payment bonds or cash deposits, acceptable to the
City are required to be furnished by the devefoper for one hundred
percent (100%) of the��developer's estimated cost resulting from the
paving, drainage, lighti and name signage of border streets on an
assessment paving basi .(Reference Section VI, Item 3, Development
Procedures Manual.l �aid performance and payment bonds or cash
deposits must be furn��shed to the City prior to execution of this
contract. i
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.
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3. For Water and Sanitary �ewer Facilities:
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Performance and paym �nt bonds, or cash deposits, acceptable to the
City are required to be rnished by the developer for the instalfation of
water and sanitary sewe � facilities.
a. Where the developer lets the construction contract for water and
sanitary sewer facilities, performance and payment bonds shali be
deposited, in the ��mount of one hundred percent (100%) of the
estimated cost o construction, cash deposited shall be in the
amount of one ht idred twenty-five percent (125%), as stated in
the construction c� �ntract, is required to be furnished simultaneous
with execution of + he construction contract.
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b. Where the City le �s the contract, performance and payment bonds
shall be deposite , in the amount of one hundred percent (100%)
of the estimated � ost of construction as stated in the construction
contract, is requir d prior to issuance of a work order by the City.
4. Tvpes of Guarantees: �
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a. Performance and Pavment Bonds: Are required for the
construction of Streets, storm drains, street lights, and street
name signs, the following terms and conditions shall apply:
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(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
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of acceptable sureties, and the amount of bond written by
any one ac�peptable company shall not exceed the amount
shown on t{�e Treasury list for that company.
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b. Cash Deposits: �� A cash deposit shall be acceptable with
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verification that �M attempt to secure a bond has , been denied,
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such deposit sha � be made in the Treasury of the City of Fort
Worth. The City f Fort Worth� will not pay interest on any such
cash deposit. �
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(1) At such tim'e 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 shal{ be awarded and no work order shall
be issued ur�til such adjustment is made.
(2) When a ca �h deposit is made, the additional twenty-five
percent (25 0) beyond the one hundred percent (100%i of
the estimat d developer's share represents additional funds
for change :, rders during the course of the project. This
twenty five percent (25°l0) 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 or�er to pay the cantractor and/or subcontractor
based on �mount of construction work completed as
approved a� sd verified by the City Engineer or authorized
representati �e. For projects whose actual total contract
cost is 540 ,000 or greater, such release of security shall
equal the 4 ercentage of work completed for that period
multiplied k�k ninety-five percent t95%). This percentage
shall be applied to the actual current total contract cost to
determine the amount that may be reduced upon request of
developer. Rpr projects whose actual total contract cost is
less than S t?0,000, such release of security shall equal the
percentage f work completed for that period multiplied by
ninety perce it (90%). This percentage shall then be applied
to the actu l current total contract cost to determine the
amount of ecurity 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
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5. Purpose, Term and Ren�wal of Guarantees:
a. Performance and payment bonds, and cash deposits furnished
hereunder shall b� for the purposes of guaranteeing satisfactory
compliance by tf�e 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.
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projects less than 5400,000 . 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 �onth. There shall be no partial release of funds
for projects �f less than 525,000. Proof that the developer
has paid the contractor shall be required for partial releases.
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Developer shall k
cash deposits in
has fully comp
agreement, and
constitute a defa
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p said performance and payment bonds, and/or
II force and effect until such time as developer
d with the terms and conditions of this
ilure to keep same in force and effect shall
and breach of this agreement.
The City shall assume its sh��e of the cost of the improvements covered by
this agreement along with th; engineering fee only if funds are available for
such participation. In the � vent that no funds are available for City
participation, the developer s�all 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 miscellaneousecosts if the City prepares the plans].
I. On all facilities included in thi�s agreement for which the developer awards its
own construction contract, �he developer agrees to follow the following
procedures: F
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1. If the City participates� in the cost of the facilities, the construction
contract must be adver �sed, bid and awarded in accordance with State
statutes prescribing the requirements for fhe 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 cou ty or counties in which the work is to be
performed. The seco 'd publication must be on or before the tenth
(10th) day before the fi �st date bids may be submitted. The bids must
be opened by an office� or employee of the City at or in an office of the
City.
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2. To employ a constructi n contractor, who is approved by the Director of
the Department having urisdiction over the fiacility to be so constructed,
said contractor to mee City's requirements for being insured, licensed
and bonded to do work in public right of way.
3. To require the contrac or to furnish to the City payment, performance .
and maintenance bond in the names of the City and the developer for
one hundred percent (�00%) 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 �� e City's specifications covering that particular
. work. ,�
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4. To give 48 hours notic�� to the department having jurisdiction of intent
to commence construction of the facility so that City inspection
personnel will be availa le; and to �require the contractor to allow the
construction to be su d �ect to inspection at any and all times by City
' inspection forces, and not to install any paving, sanitary sewer, storm
drain, or water pipe uw (ess a responsible City inspector is present and
gives his consent to proceed, and to make such laboratory tests of
materials being used a may be required by the City.
5. To secure approval by �he Director of the Department having jurisdiction
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of any and a11 partia{ and final payments to the contractor. Said
approval shall be subjec=: to and in accordance with requirements of this
agreement, and is riot �� constitute apprdv�l of the quantities of which
payment is based.
6. To delay connections of buildings to service lines of sewer and water
mains constructed und�r this contract until said sewer and water mains
and service lines have �een completed to the satisfaction of the Water
Department. �
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7. It is expressly unders o� d by and between the developer and the City of
Fort Worth, that in tY,�e event the developer elects to award one single
construction contrac� f dr storm drainage and pavement, said contract
shall be separated in t� bidding and City participation, if any, shall be
limited to the lowest ossible combination of bids as if each of the
above were awarded as��separate contracts.
J. 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 mal�e separate elections with regard to water and/or
sanitary sewer facilities-� storm drainage, street improvements and street
lights as to whether 'he work prescribed herein shall be performed
by the City, or by its, contractor, or by the developer, through its
contractor. Each se rate election shall be made in writing and
delivered to City no lat �r than six (6) months prior to the expiration of
this agreement. In th � event any of such separate elections has not
been made and deliver�d to City by such date, it shall be conclusively
presumed that the dev�loper 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, �r by its contractor or by the developer through
its contractor, the deve� per covenants and agrees to deliver to the City
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otherwise specifically s Ft out herein.
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a performance and pay ', ent guarantee in accordance with the provisions
of Paragraph V-F of this,agreement.
In addition to the guara tee required in the preceding para.graph, in the
event developer elects t� at the work be performed by the City, or by the
City's contractor, or such election is presumed as provided above, the
developer covenants an agrees to pay to the City the developer's share
of the estimated const uction costs. The amount of such estimated
payment shall be comp��ted as set out in Sections « 5» hereof, based
upon the lowest responsive bid for such work, as determined by City, or
upon a cost estimated � o be performed by City forces prepared by the
City, as appropriate, a shall be subject to adjustrnent to actual costs
upon final completion �{ f the subject work. Such estimated payment
shall be made promptly'upon demand by City, it being understood that
such payment will be �ade after the receipt of bids for work, but in
every case prior to th award of any construction contract, unless
4. Devefoper 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 o� any nature whatsoever, whether real or
asserted, brought for �or on account of any injuries or damages to
persons or property, i cluding d�ath, resulting from, or in any way
connected with, this a� eement 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 subcont ' ctors of the City; and in addition the developer
covenants to indemnif hold harmless and defend the City, its officers,
agents and employees rom and against a11 claims, suits, or causes or
action or any nature whatsoever brought for, or on account of any
injuries or damages t� persons or property, including death, resulting
from any failure to pr erly safeguard the work or an account of any
act, intentional or othe ise, neglect or misconduct of the devefoper, its
contractors, subcontractors, agents or employees, whether or not
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caused, on whole or in part, by the negligence of officers, agents,
employees, licensees, 'yinvitees, contractors or subcontractors of the
City.
5. Developer covenants �nd agrees that it discriminates against no
individual involving empl�oyment as prohibited by the terms of Ordinance
No. 7278 (as amended �y Ordinance No. 7400), an ordinance prohibiting
discrimination in emplc�ment practice because of race, creed, color,
religion, national origin ( 3xcept for illegal aliens), sex or age, unless sex or
age is a bonafide �occupational qualification, subcontractor or
employment agency, e'ther furnishing or referring applicants to such
developer, nor any ag�nt of developer is discriminating against any
individual involving em��loyment as prohibited by the terms of such
Ordinance No. 7278 (as amended by Ordinance No. 7400).
K. Venue of any action brought �ereunder shall be in Fort Worth, Tarrant County,
Texas.
L. The City's Policy for the InstaJlation of Community Facilities, as adopted by the
City Council on September 1�%92, 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 cond� tion to the platting of the subject property.
M. The following descriptions of'.ivork apply, as appropriate, to the areas included
in the Community Facilities A� reement:
1. STREETS
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Streets as shown in xhibit B will be in accordance with plans � and
specifications prepared�by the Owner's engineer and approved by the
Director of Engineering. �
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2. STORM DRAINAGE ��
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Storm drain as shown in�'Exhibit B— 1 will be in accordance with plans and
specifications prepared ;�y the Owner's engineer and �approved by the
Director of Engineering. ��
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3. STREE ��
T LIGHTING
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a.. The Developer shall prov��e for the installation of streetlights by the City
forces at the approxim e locations shown in Exhibit C, immediately
after final acceptance o, the street construction, in accordance with
engineering plans and specifications approved by the Transportation and
Public Works Department��
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b. Streetlights on residential��nd / or collector streets can be installed using
overhead or underground conductors with the approval of the streetlight
Engineer.
c. Streetlights on arterial st �ets shall be installed with underground conduit
and conductors. �
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d. The Developer shall pro�de for the installation of a 1'/4 inch schedule 40
PVC conduit at the dept, not less than 30 inches and at least 18 inch
behind the curb, "clear from all other utilities".
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e. The Developer shall pro��de for the installation of a 1'/4 inch schedule 40
PVC conduit between st, etlights proposed for installation and the power
source to become operati;onal.
f. A 3 inch schedule 80 P M C conduit is required when crossing streets at
depth not less than 30 � ches, unless indicated otherwise on the plans.
Concrete pull boxes shall��'be provided at the crossing points.
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g. Luminaire ballast shall b� rated for multitap operation and each luminaire
shall have it's own photo k ell.
4. TRAFFIC CONTROL DEVI�ES
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a. The Developer agrees t��pay for the street name sign installations required
by this development to the extent of $80.00 per inspection. This unit cost
will be revised annually by the Department of Transportation and Public
Works to reflect prevailin costs of materials and labor.
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b. This development creates the following number intersections at a total cost
as shown to the Develop�' r.
c. The Developer may eiti�, r deposit cash funds with the City equal to the
following amount at �the �ime of Community Facilities Agreement approval
or wait until the street 'ame signs are to be installed. If the Developer
elects to wait, the co t of street name signs will be at the rate
prevailing when the Dev ,loper deposits funds with the City.
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d. 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.
5. OTHER WORKS
In the event that other works is required it will be included as specific
requirements to Community Facilities Agreement.
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
Develo er has e ecuted this instrument in quadruplicate, at Fort Worth, Texas this
the ���`�ay of��,��:�Y(.�.�,lh_� , 19 �.
APPROVED AS TO FORM AND
LEGALITY:
Gary J. S einberger
Assistant City Attorney
AT ST:
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Gloria Pearso
City Secretary
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Contract Authorizati
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Date
RECOMMENDED:
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Hugo Malanga, P.E. y��
Director, Transportation
and Public Works
CITY OF FOR T, TEXAS
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By:
Mike Groomer
Assistant City Manager
EVELO ER PULTE HOME OF T�AS, LP
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Richard Strom, President
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'` LOCATION MAP
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�: PARK BEND ESTATES
' PHASE IV
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CiL� Carter :: Burgess
CARTER d� BURGESS, INC.
3E60 Hu�en Streef
Fort worih, Tx 76107-725�
t8171 735-6000 Fox f817I T35-6148
PROJECT N0. 96136704D
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LEGEND
PROP. 29' B-B .,ROADWAY
LIMITS OF CONTRACT
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STREETS
DCHIBIT 'B'
PARK BEND ESTATES
PHA.SE IV
�� Carter == Burgess
GkTER d� BURGESS, INC.
3EE0 Mulen SireeT
Fort worrn, Tx 76107-7231
1E171 T35-6000 fax t817) 735-6148
PROJECT N0. 961367040
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LEGEND
PROP. STORM DRAIN LINE
PROP. I NLET •
PROP. MANHO`LE
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LIMITS OF CONTRACT
EXIST. STORM DRAIN LINE
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STO RM D RAI N
EXHIBIT 'B-1'
PARK BEND ESTATES
PHASE IV
i�ir�'i Carter == Burgess
GRTER d� BURf3ESS, INC.
3Eo0 Hulen Sireef
Fort North, Tx 7610T-T25�
161T1 715-6000 Fax (917) 735-61�8
PROJECT N0. 961367010
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LEGEND
PROP. S I t�GLE STREET L I GNT •
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PROP. STREET S i GN j�
EXIST. STR6ET SIGN �
I.IMITS OF CONTRACT _
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PARK BEND ESTATES
PHASE N
�r-� Carter a Burgess
GRTER & dl1RaESS, INC•
3eeo �a,►e� st�«+
Fori Ifor11L 7x 76107-T25�
<�1Tf T35-i000 Fox tb171 735-Gt�•
PROJEC7 N0. 96136T0�0
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• Pulte Homes of
KNOW ALI. MEN BY Tf�SE PkE.SEI�'TS, ihat we, Texas, L.P. � p���
St. Paul Fire and Marine •
aud T n c„r a nc e ��____=t�� a �orpo�alio� orgaazzed and e�g under tt�e
law5 o£tixe Sta1e af Minne s o t a and it�I1y auiharizzd ta �nsact bzLsin�s.s in tho St�nke of Tc�cas, as
�, are held and fixmly bo�i un:.o Cri� OF FORT WOR� TEXAS, iooa ���c�
Street, Fort Wortk�, Texas, 76�02, a� Qbli�cc, in the peaal sum of �
two'huridred thirty thousand and 00/100
lawful mQney o£ rhe United States of
($'L'3U,UU0.00) •
Amcsica, far t�e paymcnt of wi�ic� w�cll an� �ly to bc made, we bi�ad a�uselves, our he3zs,
e�x«�tars, a�ninistratats, succxssors aad assigns, jointly and 'scsrerally, �ly by thcsc prescuu.
Pulte Homes of
������ Texas, L.P.
.
Park Bend Estates, Phase IV
has agreed w coastcucc itt
, in ti�e CIZY OF FORTWOR�'H,
�S die follow�ing improvcmeatr: ' ,
water, sanitary sewer, drainage, paving and
street lights
'S4�FiERF�EI,S, in �.c evout of b�nknr�tcy, de.Eauit ar 'a�er nonperfo.-maacc by Primcipal,
ciaizns agaiast Principal or rhe dcvelopmenr, Ob3igee may be IcR witho� adequas�e sa�sfactian.
� Now, THEREFORE, THE CONDTTIOh OF THIS OBLZGATEON IS SUCH, t�az
if tixe said Principal shall cons�uct, ar have coasaucted, t�e improveuze,nu herein descrii�ed, aad
sh,ail pay for the cost of ali Ia�or, mat.crials � cqui�mcnt furna.shed in conncction witf� the
canstn�oa of said im�xnveme�uzs, �nd s�a�l save the Obligee hnffiless from any loss, cost oz
dacsage by reasoa of its faihu�e to c,o3nple�Ce tF:e coa.�v.ction of said imgrove�cass or bg rcasam af
its f�ue to gay fo= tlie cost af sa:ne, c�r.0 this ob�igation shall i�c nul! and �oid, oti�G.*wisc to
remain in full �'arce and effect; aad u�on receipt of a r�solurian a,9.opted by t�e Ciry Coundl of tfie
(S�zy of Fart Riorth inciicating t�at ti�c cousrrucrion of said impravc�cats has nat beeu comgletsd,
or timt the costs far same have aot beer� paid, the S� s�a�.I compleu cons�vctioa of s�id
�prov�m�au, and wilI pay, a!I costs far co*istzuc;ion of said irnpravem.enu, or wiil pay io tha Ciiy
of�ort wo� su� aa�oe�: ug to the am,o�mt of �.b�is bond which will aliaw thc Cit,; o: Fort �V'o=t�
to coapidc consaucticn of said iu��rover�enCs aad to pay f�r iis,e costs of same.
PRQV�ED FLTRT�R, that this boud shall automa�c�lly be inc.-rased by the amouat of
any cbang� ��er, supplGmcatal a�eem�at or amendmcat whvc� increase the price of Lhe
aforeuienrioacd can�a�t .
PRDiiIDED FUFtTi3EF� that if any �egsl ac�oa a�e f�ed on ciris bogd, t�e IaRS of �he Sta.te
af Texas sbail a�P1Y aaa ih� �reuue si� �ir exclusivciy irz Taa-a.*� Cot�nty> Texas.
AND PR0IFIE}ID FLRi�R,'t�at the said suray, fnr value rec�ivc�, �reby sti.�ates
and agrea t�as ao c�angc, extcasiou of fi�e, al�.b,on or addiFion to fo� te�s of aay conaacx for
the public affect its abligat�oa aa C�is bc�ad, aad it does hereby waive uotice of anw such ch.ange,
ex�sioa or tim�, slt�ti�n ar aadition t� ti�e t�s of suc� arnzr�t.
This c,an,d is give� gursuam t�o the groviszons of Soction
2i2.073 of the Texas r.ac� Ga�emraeerrt C�de, .3s su� may aaie�de� 2rotn tirce m ume.
Sigaed, sealtd ana dated this 19 th . day of,_May . I 9�,g,.
1��VELOPER'SNA� Pulte Homes of Texas, L.PgUg�Z-Y�O;��p,,�g�'�;,�
�'�aP� St. Pa F�nd Marine Insurance Company
By: %� ��`���'�t� Bv. ��L.e � % �—' �
' K. Bott►in . � ` �!��S%�
g � �. on� - F3c2 Suzanne Treppa
Director of Corporate Accounting
1!he��u� ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF
Surety 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO.
CERTIFIED For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-421-3880 and ask for
COPY NO. the Power of Attorney Clerk. Please refer to the Certificate of Authoriry No. and the named individual(s).
GENERAL POWER OF ATTORNEY - CERTIFIED COPY !' O`� ..��. ���
F-15907 (Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State
of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
Jaznes I. Moore, John R Stoller, Maureen E. Thomas, Jane K. Botting, Suzaune Treppa, Julia T. Corcoran,
Bruce E. Robinsoq Nicolette Carlone, Sandra A. Thomas, Vincent J. Frees, Calvin R Boyd, Colette R Zukoff,
individually, Countryside, Illinois
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
NOT TO EXCEED IN PENALTY TI� SUM OF ONE MII.,LION DOLLARS($1,000,000)EACH
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and
amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal offica.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws adopted by
the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following
is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authoriry
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(2) To appoint special Attomeys-in-fact, who are hereby authorized to certify to copies of any power-of-attomey issued in pursuance of this section
and/or any of the By-Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and
held on the Sth day of May, 1959, of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in tha future with respect to
any bond or undertaking to which it is attached."
Jy F`RE ui� �� IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
seal to be affixed by its authorized officer, this 8th day of January, A.D. 1998.
cr ,, Y�'•�, ���
ST. PAUL FIRE AND b1ARINE INSURANCE COMPANY
Z�
sv~i % �^�
s � a � ��
�,•y .
p�� STATE OF NEW JERSEY l
,,.--� .
��s �ANG rSS.
�r�;,,��������`��N� County of Some[set � BRIAN P. CURRY, Secretary
On [his 4th day of AUg11St , 19 98 , before me came the individual who executed the preceding instrument, to me
personally known, and, bein� by me duly swom, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her si;nature were duly affixed by order of the
Board of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the
�aA sF�Ty day and year first above written.
: NOTARY � .,E' j '
a � yW � / "
�°F NEw �``e i
DA SMETHERS, Notary Public
My Commission Expires December 16, 2001
CERTIFICATION
I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attomey and
affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME
OFFICE OF SAID COMPANY, and that the same aze correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not
been revoked and is now in full force and effect.
N11
�FIRE 6 ' ' /
`` � '- y' T IN TESTIMONY WHEREOF, I have hereunto set my hand this ��
»-
�2`�,[ RANCEGO' 19 tll day of May , i9 99 MARY E. STAWICKI, Secretary
u
Only a certified copy of Power of Attomey bearing the Certificate of Authority No. printed in red on the upper right comer is binding. Photocopies, cazbon copies or
other reproductions of this document are i�valid and not binding upoa the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY ANIOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
�
29550 Rev. 7-98 Printed in U.S.A.
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN
)ss.
COUNTY OF OAKLAND)
On this 19th day of May, 1999, before me, the undersigned authorized employee, personally
appeared Jane K, Botting, who acknowledges herself to be Director of Corporate Accounting of
Putte Homes of Texas, L. P. and that she as such employee being authorized to do so, executed
the foregoing instrument for the purposes therein contained by signing the nam,e of the
Corporation by herself as such employee.
My Commission Expires: March 26, 2002
�-��� �i. ��-�.,�
Notary Public, Marcia G. Howard
Oakland County, Michigan
MIII:033
�,�a� c ����r.��
�o�.�r�� �uu�t�� s�r�� or �2c�c:�rr �
oa.�v� courrr� �
M'r Cc�vtr�sstcr� �. ��. zs,z�m �
ACKNOW.LEDGEMENT BY SURETY
STATE OF MICHIGAN
COUNTY OF OAKLAND)
)ss.
On this 19th day of May, 1999, before me personally appeared Suzanne Treppa, known to me to
be the Attorney-in-Fact of St. Paul Fire and Marine Insurance Company, the corporation that
executed the within instrument, and acknowledged to me that such corporation executed the
same.
In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the
aforesaid County, the day and year in this certificate first above written.
My Commission Expires: March 26, 2002
�. �1. ��� ,
�(}� ,�
`/� Public, Marcia G. Howard
Oakland County, Michigan
�-�--�����������
�►T�it F�7L� S'3'A'10E OF MICHI^�J ��
o�Nt9L�u�� �
' t�'i� C��1�I��IQ�V cXP. I�R,R. y�,2�ci2 _�
Nn-t:oaa
City of Fort Worth, Texas
�✓I�Ayor Attd Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
11/23/99 C-17764 I 20PULTE 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH PULTE H ES OF TEXAS, L.P. FOR
THE INSTALLATION OF COMMUNITY FACILITIES FOR PARK BEND ESTATES,
PHASE IV
: _ •u�� ►�: �►
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Pulte Homes of Texas, L.P. for the installation of community facilities for Park Bend
Estates, Phase IV.
DISCUSSION:
Pulte Homes of Texas, L.P., the developer of Park Bend Phase IV, has executed a proposed contract
for community facilities to serve a single-family (59 lots) development located in northeast Fort Worth,
east of North Beach Street, north of Prewett Road, and west of Park Vista Boulevard. This project will
not require sidewalks. This development is located in COUNCIL DISTRICT 4.
ESTIMATED COSTS:
p�ject Cos�
Street Improvements
Construction
Design Engineering
Engineering and Administration
Storm Drain Improvements
Construction
Design Engineering
Engineering and Administration
Street Lights
Street Name Signs
TOTAL PROJECT COST
Develo�er
$113,236
-0-
2,264*
11,886
-0-
237"`*
17,600
-0-
$145,223
Park
$10,958
657
986
-0-
-0-
-0-
-0-
-0-
$12,601
Total
$124,194
657
3,250
11,886
-0-
237
17, 600
-0-
$157,824
" 2% Construction Inspection - Street Improvements
** 2% Construction Inspection - Storm Drain Improvements
On September 27, 1995 the Plan Commission approved application for Preliminary Plat (PP 95027).
Final Plat (FR 99014) has been submitted to City staff for review.
City of Fort Worth, Texas
�1✓I�Ay�r And C,aurrc��l C,ammun��At�an
DATE REFERENCE NUMBER LOG NAME PAGE
11/23/99 C-1?764 � 20PULTE 2 of 2
SUBJECT COMMUNITY FACILITIES A REEMENT WITH PULTE HO ES OF TEXAS, L.P. FOR
THE INSTALLl��'ION OF COMMUNITY FACILITIES FOR PARK BEND ESTATES,
PHASE IV �
In accordance with the policy adopted by the City Council on March 28, 1997, the City will bear the cost
of all improvements including streets, water, sewer and storm drainage normally considered for cost
distr,.ibution to the frontage directly�related to the park site.
The City's share of the costs related to the 13.779 acres of neighborhood parkland being added to the
existing Arcadia Trail North Park is $12,601.
FISCAL INF�ORMATION/C�RTIFICATION:
The Finance Director certifies that funds are available �in the current capital budget, as appropriated, of
the Parks and Community Services Fund.
MG:k
'�
Submitted for City Manager's
Office by: r
Mike Groomer
Originating Department Head:
Hugo Malanga
Additional Information Contact:
Hugo Malanga
I FUND
� (to)
�
6140 I
�
7801 I. (from)
I C181
. I
7801 �
ACCOUNT I CENTER � AMOUNT
541200 080181046090 $12,601.00
C�lil M'�� xil�� II;�.�J
APPROVED
CFTY COUNCIL
N OV 23 1999
�� ��
�,jtf S�rebry� af tAo
�,�r � �p�d `North, Texas