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Home My WebLink About025688 - Construction-Related - Contract - Hillwood Development Corporation. � . � , � _" FOT OTH � � V� R COMMUNIT�I I�GREEMENT �� E�RE`�A►�1( � �(�NTRACT NQ, -�.,) I� � �—'[ taTi� STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN �, � � IMPROVEMENTS For Shiver Road and Trace Ridge Parkway 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. 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. 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 $275,799. 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 $115,000 of the total amount. The City shall contribute Dollars $160,799 of the total amount. F. 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. . . 4��1(�� 'P4��1`"J'� � b� ��"�� rtia ��7�'� n � �',y�,,, �..�- TR.ANSPORTATION AND PUBLIC WORKS DEPART'MfENT THE CITY OF FORT WORTH * lOOO THROCKMORTON STREET * FORT WORTH, TEXAS 76102 (81 � 871-7800 * Fnx (81 � 871-8092 � Printed on reeycled paper � � Shiver Road and Trace Ridge Parkway G. Developer agrees to relieve the City of any respon�ibilities for any inadequacies in the preliminary plans, specifications and cost estimates supplied for the purpose of this contract. H. Developer also agrees to install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities agreement. (Article 104.100, Ordinance 7234). J. Developer agrees that no lot shall be occupied until improvements required herein have been constructed (Article 104.100, Ordinance 7234). K. Developer agrees to complete the improvements covered by this agreement within 90 calendar days after having been instructed to do so, in writing, by the Director of Transportation and Public works. It is understood that the developer will initiate the construction of all improvements to conform with his own schedule, except for those improvements which the Transportation and Public Works Director deems necessary for the proper and orderly development of the area. In the event Developer fails to carry out any such instructions within the 90-day period, the Developer gives the City the right to design and award a contract, and inspect the improvements in question, and agrees to pay to the City prior to the award of the contract, the amount of the low bid. L. City participation in "current improvements" shall not exceed 125% of cost shown in Summary of Cost. w. u�l�� °'�� '��J °�� `�� , �!� �'`��, �• . , � • • • ltem A. Construction 1. Streets 2. Storm Drainage 3. Street Lights Shiver Road and Trace Ridge Parkway Summary of Cost 4. Traffic Control Devices 5. Street Name Signs B. Engineering Design � 6%� C. Construction Engineering (@ 7 1 /2 %) and Management by DOE D. TPW Administration �_p� 1 %) Estimated Estimated Developer for Park for Current Cost Current Cost Improvements Improvements $60,940 $60,663 $34,472 $9,989 $17,600 $-0- $-0- $-0- $80 $-0- $-0- $4,239 $1,908 $5,299 $-0- TOTALS $115,000 Estimated City Cost $-0- $66,397 $-0- $-0- $-0- $3,984 $10,228 Total Cost $121,603 $110,858 $17,600 $-0- $80 $8,223 $17,435 $-0- $-0- $-0- $80,190 $80,609 $275,799 NOTES: 1. Forty-two (42) feet and wider street include sidewalk cost. 2. Construction items (1-4) cost includes 10% contingencies for Developer and City. 3. Developer's column for Item C represents two percent (2%) costs for construction inspection and materials testing. 4. City not preparing plans and specifications. 5. Parks Department participation for streets adjacent to City Park is $80,190. 6. The total estimated construction cost for Shiver Road is �210,876, and total storm drain is $134,728. 7. Stone Manor road (FP99059) contribution is $79,308, and $20,075 for storm drain. City contribution for storm drain was $3,795 and for this CFA is $5,893. 8. Trace Ridge road (FP98006) contribution is $28,463 with no storm drain cost. CFA CODE 99047 Prepared LRC Checked 3 Date: December 23, 1999 _.:�1'1�� °'"�F� �� 1��r ��'� `' � ' °�� o ViJ�J�Cr�� Y�� E. STREET LIGHTS: l. STREET LIGHT COST ESTIMATE INTERSECTIONS MID-BLOCK RESIDENTIRL CHANGE OF DIRECTION RESIDENTIAL MID-BLOCK COLLECTOR MID-BLOCK ARTERIAL MID-BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT SHIVER ROAD Fort Worth, Texas QUANTITY UNIT COST 2 EA $ 2,000 0 EA $ 2,000 0 EA $ 2,000 0 EA $ 2,000 6 EA $ 2,000 0 EA $ 2,500 TOTAL COST $ 4,000 $ --0-- $ --0-- $ --0-- $ 12,000 $ --0-- 0 EA $ 1500 $ --0-- Subtotal $16,000.00 City's Cost $ ---0--- Developer's Subtotal $16,000.00 10% Contingencies $ 1,600.00 Project Total $ 17,600.00 Adjacer.t Developer's Cost $ --0-- Developer's Cost $ 17,600.00 September 14, 1999 '��'��:� ��'JG'' G �b� r�� . 4��'�1�, ��, � 2. STREET LIGHTS WORK DESCRIPTION: 1. Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the streetlight Engineer. 2. Streetlights on arterial streets shall be installed with underground conduit and conductors. 3. The Developer shall provide for the installation of a 11/-inch scnedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities". 4. The Developer shall provide for the installation of a 11/-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational. 5. 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. 6. Luminaire ballast shall be rated for multitap operation and each luminaire shall have it's own photocell. '�'��0�0�� '��G?L� ��O�11 c��G� ° G�ti� I�o t��uG'��lo ��o , � � IV STREET NAME SIGNS 1. The Developer agrees to pay for the street name sign installations required by this development to the extent of 580.00 per intersection. This unit cost will be re��ised annually by the Department of Transportation and Public Tr;orks to reflect prevailing costs of materials and labor. 2. This develooment creates the follo�rring one (1) intersection at a cost to the Developer of $80.00: Shiver Road and Trace Ridge Parkway 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 nama 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 tinal approval of the street construction. The street name sig:-�s will remain the property of, and will be m.aintained by, tn? City. SHIVER ROAD AND TRACE RIDGE Fort Worth, Texas IV-1 September 15, 1999 ��D�UG��s� ��lJ�prlJ �� f�� , �'`'t�. � , ..._ � SHRIV�I? FORT W4�RTH � '`- 6'2�� `-��_--� G'� A'P � V I�I E c7 � r7 ARL I NG�fON C] F W AIRPORT � LO CATI � N MAP SHRIVER ROAD ��C�� ,_,,_;, p �ii Carte� Burgess ,� j' y �l��y/�'al_ f� ,�' r s ce„r.we� �.w �ro. E�a�...��a..�,tn,r.�,�.. �r 1:39 "' I �w«.r.r a..a It.4�.d S.n�e. ��V � ��{�'�a�5��'�li_ s3 � �uHasr�nRGE55, INC. � � � �a. , fOl[t wC[fM. TA 76107 - Tl3�1 � o ��',��' �j�'yy�y� PROJECT N0. 99t2580i0 N'P �l00�99125E�CIv�SNRLCfA.0GH � 4''QRI7P 1N�ET� �27� 24" , 4" DROP I �!L'EF ��-34"� 1 1 ! _ I � ��i� � �� . ��[}�.r�FR.yE�} �+p! S�RVV4. S�AC. 1 .� T'R,.�CE RIDGE 7.4RFCR'AY' SUNSE'C 'Ii�.tCE DRI'r'E t p • a � 2�2Q' C. I. 24" � � I T I i]I�AL �� q�� ANh1EL I'cAT I JN `� �R�1P STRUCTURE � - � 2-S �" X8"' MBC---i avaR� n�r.� � LEGEND ROP. STORM DRAIN LINE ROP, I NLET ROP. MANHOLE ROP. HEADWALL XIST. STORM DRAIN LINE IMITS OF PROJECT ;M•tr \Jo0�9912�H�CIV�SHR�CfA.DGN � � r _ _ _ _ _� _ _ _ _ H SCAL E� t " = 300' sTo �nn � �,i N EXHIBIT 'A' SHRIVER ROAD � �i �iql'fE�' BYI'9e55 r�-.�iC-i' ,�Ii�( � +d�.,�� r�,'ItiIj� fl, :d��,�r!I Cee.«„eien�+nu,�a��o«o«w na �It� S.n:e.. �'✓ 'J � � J V �!f'�.:'a U�: L� �+� ��'_:' !. _ CARTER 3 BURGESS,INC. � I�Ij� � ��' �+4i r�'� E +� a aeeo rutN mter �':-` U � II C�N:.a �: U� �� 7 forr wo�m, u�eio- - rtsi i�l�u ' �`�L'U�P �l'�G^�u�o PROJECT N0. 991258010 SCA�E� 1" = 300' — TRACE RIDOE P,aRICWAY � �` . _ r'v' � - �� i f, �' �f` �Y• jJ. `'. F1J'IZJRE SCHOOL Sii'E PROPOSED . R I GHT TURN ;;- LANE �� r .;• � /, y � �� CG � CC / N '✓ � � � J� !`' . � H � �� s �p / � . �� . J ' !!` f f� � . / ' 1. ��r . =,� NOR1H BF1+.CH STREET ' � �r� �f ' LEGEND �P. 41' B-B ROADWAY/60' ROW I�� 'ROP. 41' B-B ROADWAY/60' ROW k;.�� A I TS OF PROJECT N•a �Joo�e5i2se�tiv�sHrt�tF�.oCn SUNSET TRACE DR7VE STREETS EXHIBIT 'B' SHRIVER ROAD '�r� Carte� Burgess (� � I',I f_� fk'� 'L-i :�� i� Co�w,MoM. in Monn��a, l.qin.«aa.,tieAn.cn,�., i �. r.,l_ ti� 1 �:, cd.�a„ n.e.,owT.�„ a.,e e.+�.a s.�.,.�.. .<aG��.:�� _ ';.:�,:��.',, CARTER S BURGE55, INC. f�� ParL5 UrU �� h� roa wa . n� w� _ ru+ � ;�', � j�r�i�1 ��p PR0JECi N0. 99i258010 .. �lvJ „......,..15Y�,� � � J � F1J?tVitE SCHt7OL SITE lY()R7�k{ $�Cfi .�r 1`RF'.�� LEGEND PROP. SINGLE STREET LIGHT EXIST. SINGLE STREET LIGHT (ON STEEL POLE WITH STREET AND STOP SIGNS ATTACHED) PROP. STREET SIGN EXIST. STREET SIGN LIMITS OF PROJECT GH•p \)oD\99t2�d�CIV�SMR�CFA,0CN ,� Tk 4CE itff]GE PARKW'AY � " . C� � i � . a �. . SCiNS�[' `TRAC� AR,IV£ � SCALE� 1" = 300' STREET LIGHTS EXHIBIT 'C' SHRIVER ROAD ,'��c��'y�. �,�;� --��';.', �i � Carter Burgess ��.�»,�. �� a��,ro. �;�..��o..��.�.�. - pc�1 r (� �� r ca,,.uwid, w.00.,.,«» a�e R.�e..e s.�.:�.. �,�� i,� ��' ��5�� 5��1u' c�.xhR a euR�ess, iHc. - � �� „�� -' ��'rt 11�'� � � roRr woRn,, rx �ao� _ rts. �'''l•� � ��m PR0JECT N0. 991259010 � � 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 the developer Hillwood Development Corporation Fred J. Balda Vice President and the City of Fort Worth, a municipal corporation in Tarrant County, Texas dated . and designated as Contract No. . in the office of the City Secretary of the City of Fort Worth, Texas. (1) The developers and the City hereby agree as follows: A. The developer has agreed to sell to the public one parcel of land approximately 50.17 acres in size out of the Eli Shiver Survey Abstract 1455 and the J.W. Haynes Survey Abstract 783 being a portion of Tract 14 for the purpose of a community 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 "B", Streets, which is hereby incorporated herein by reference for identifying the land to be acquired as Community Park. The deeding of said park to the City shall occur per the terms and conditions of the Contract of Sale between the City of Fort Worth and Hillwood/2500 Ltd. 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 resulting from CFA construction within the designated park areas or road right of way adjoining the Community Park. The topsoil shall be relatively free of rock and other debris. C. Developer agrees to seed said 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 Community Park site as determined by the City Parks and Community Services Department prior to reimbursement for construction costs of for Shiver Road. This would include, but not be limited to, removal of trash and construction debris deposited on the said park areas. F.�.\Rendle Harwood Files\old da�a\My llocumenis\CFAs\Shiver RoaA CFA Addendum.dnc �U�'�� U�'.�� :'�� or� � �� `� G?�; G�`� �� 1R. �j'�^�� li' I� J�9 W :°�y'y� i �� 1� � � F. The Developer will, upon completion of Shiver Road, provide the Parks and Community Services Department with final construction drawings of the road and drainage improvements. G. The City Parks and Community Services Department's participation in this contract is dependent on transfer of ownership of Far North Community Park. The development and maintenance of this property is subject to the terms and conditions of the contract for sale for Far North Community Park and City Council approval and funding of the project and maintenance costs. Recommended: chard Zavala, Director arks and Community Services Department G�'JianAle Huwood Filcs�old Aata\My DocumeNs�CFAc\Shiver Roxd CFA Addendum.doc �y��fd'�'��U�:� U�:ly'-�:��:L'�� C��' ��,��'�.�,�`� � �s:�;�i� �. „ � � � PAVING FACILITiES ATTRIBUTABLE TO PARK DEVELOPMENT A. One half of linear foot charges of park paving and sidewalk constn.iction, including design, engineering, administration and inspection contingencies attributable to the Parks and Community Services Department at an estimated cost of $68.853 B. The City's share of park paving and sidewalk construction costs of the proposed park will be due and payable to the developer upon: 1. Completion of park paving and sidewalk construction; and 2. Delivery of related construction documents to the Parks and Community Services Department; and 3. Completion of the close of sale and transfer of ownership of the Community Park property to the City. Whichever event occurs last. Recommended, '� -- — - ` � ! Richard Zavala, Director ;� Parks and Community Services Department E\Ramlle Harwood Files\old data\My Documenls�CFAs\Shivcr Road CFA Addendwn.doc =� ^_ "I �,�` �' �;V,�;t��'�dl�!�- b`_'{�LL�UIG (��;1,'T1�� lr�l`�"U�SIClUW U �, u l�1 C� v u ' �� :��, �. �, � � STORM DRAINAGE FACILITIES ATTRIBUTABLE TO PARK DEVELOPMENT A. One half of linear foot and installation charges for storm drainage facilities, including design engineering and inspection, and contingencies attributable to the Parks and Community Services Department at an estimated cost of $ 11,337. B. The City's share of storm drainage costs to the proposed park will be due and payable to the developer upon: Completion of the all infrastructure improvements related to the park property as a result of the Shiver Road construction; and 2. Delivery of the required construction documents, related to infrastructure improvements on or adjacent to the park property, to the Parks and Community Services Department. Whichever event occurs last. Recommended, Richard Zavala, Director Parks and Community Services Department f-�Randle Harwood Files�oid d:+ta�My Documents\CFAs�Sluver Road CFA Addendum doc '{„'i� rll" � "'i � �I _ u�,l—�'�� +,. � ., :�_�- �Z�.l�_�_�L��,'sU �^ � ,,,' r �� e1 �eJ h .�u�G �� 'U�:�W �0 4J�l.I��'�.I: �� L+ � � � ATTACHMENT A 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 current improvements covered by this contract, subject to Paragraph B. B. For any project estimated to cost less than S 10,000 or for any project designed to serve a single lot or tract, the developer may at his option request the City to provide the design engineering, and if such request is granted, the developer shall pay to the City an amount equal to 10 percent of the final construction cost of such project for such engineering services. C. In the event the developer employs his own engineer to prepare plans and specifications for any or all current improvements, the pians and specifications so prepared shall be subject to approval by the department having jurisdiction. One (1) reproducible set of plans with 1 5 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. It is further agreed that the decision of the City to not collect funds for "future improvements" required in previous CFA agreements does not constitute an obligation on the part of the City to construct such "future improvements" at its expense. A-1 '�J��C�aQ� �f�C�C�� '�� '�, �. � �� , � �� F. Work hereunder shall be completed within two f2) years from date here�f, 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 or street, storm drain, street light and street name sign shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. �f 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. G. PERFORMANCE AND PAYMENT GUARANTEES 1. For Street, Storm Drain. Street Liaht and Street Name Siqn Improvements to be Constructed bv the Developer or Citv on Behalf of the Developer: 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 A-2 �� 4'k� ��C�� C�`�° �� 1� ,�: �.��,��:°��o�� .�'. �� ; � 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 ssgns, and change orders (during the course of the project). 2. For Future Improvement: Performance and payment bonds or cash deposits, acceptable to the City are required to be furnished by the developer for one hundred percent (100°�0) 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. 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. 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. A-3 �,��,, ��, ��J'U'U'�:�� .�L�Lv�f�� '��`' ��'��ti� [�� ,��, �L�?n 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. Tvpes of Guarantees: 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: (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 Attomey. (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, A-4 i�j�=i,;i^=1 a:" =,;;;�:�^,,i�l ��UJ.��I��'s �.L,'�UU�� l`:�� L"'��r�iPSIZ^1tl11�� i vV C: l"��1f U' {�.�r • • such deposit shall be made in the Treasury of the City of Fort Worth. The City of Fort Worth will not pay interest on any such cash deposit. (1) At such time that the contract is bid for projects other than assessment projects, the cash deposit shall be adjusted to one hundred twenty five percent (125%) of the actual bid price. No contract shall be awarded and no work order shall be issued until such adjustment is made. (2) When a cash deposit is made, the additional twenty-five percent (25%) beyond the one hundred percent {100%1 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 5400,000 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 actuai totaf contract cost is less than 5400,000, 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 A-5 �� GGI�� C u �'D �� ; G��G�� U Uo UUn�'Il�'�_'�1111g �L74�� ' ' 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 month. There shall be no partial release of funds for projects of less than S25,000. Proof that the developer has paid the contractor shall be required for partial releases. 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. H. 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]. I. On all facilities included in this agreement for which the developer awards its own construction contract, the developer agrees to follow the following procedures: ULr��'�:�il�!:5 �•..lu��:V�:��I � D�' ��: G?�G?� �, ��; �� , • ' 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 �vork is to be performed. The second publication must be on or before the tenth (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 right of way. 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 furthe� 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 paving, 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 A-7 u�l�0� 0�� '�� °'D CO�U ��GG�G��h� �� 11VUC'��UUp ��o of any and all partial and final payments to the contractor. Said approval shall be subject to and in accordance with requirements of this agreement, and is not to constitute approval of the quantities of which payment is based. 6. To delay connections of buildings to service lines of sewer and water mains constructed under this contract until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. 7. It is expressly understood by and between the developer and the City of Fort Worth, that in the event the deveioper 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. 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 make separate elections with regard to water and/or sanitary sewer facilities, storm drainage, street improvements and street lights as to whether the work prescribed herein shall be performed by the City, or by its contractor, or by the developer, through its contractor. Each separate election shall be made in writing and delivered to City no later than six (6) months prior to the expiration of this agreement. In the event any of such separate elections has not been made and delivered to City by such date, it shall be conclusively presumed that the developer has elected that such work be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph V-F hereof. 2. Irrespective of any such election and whether the work is to be performed by the City, or by its contractor or by the developer through its contractor, the developer covenants and agrees to deliver to the City A-8 �_ . _ , '�Y��vc�u�� P�k5'�� . � U� ��G?�G�� _�. ��C�ti �, �� 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 « 5» hereof, based upon the lowest responsive bid for such work, as determined by City, or upon a cost estimated to be performed by City forces prepared by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the subject work. Such estimated payment shall be made promptly upon demand by City, it being understood that such payment will be made after the receipt of bids for work, but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. 4. Developer further covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless and defend the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, this agreement or the construction of the improvements or facilities described herein, whether or not caused, in whole or in part, bv the nealiaence of officers, aaents, or emplovees of the Citv. 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, in whole or in part, bv the neQliqence of officers, aaents, or emplovees of the Citv. l�-9 ��V h4 J�fiW� iSGI��L�7�i'LJ �� ",��'^�•��?� M,/�rM�{� ��y/+ `7rI �n` r1I] �r�1M1V' Y YV Y� -/III�I��JV`U� W��..1U�C � • 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. 74001, 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). 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. M. The following descriptions of work apply, as appropriate, to the areas included in the Community Facilities Agreement: 1. STREETS Streets as shown in Exhibit B will be in accordance �vith plans and specifications prepared by the Owner's engineer and approved by the Director of Engineering. 2. STORM DRAINAGE Storm drain as shown in Exhibit B— 1 wili be in accordance with plans and specifications prepared by the Owner's engineer and approved by the Director of Engineering. A-10 ; J � � 6�� 9'�i� U'L�� C��G�C�� , `w�':a��o �[�o ' , 3. STREET LIGHTING a. The Developer shall provide for the installation of streetlights by the City forces 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. b. Streetlights on residential and / or collector streets can be installed using overhead or underground conductors with the approval of the streetlight Engineer. c. Streetlights on arterial streets shall be installed with underground conduit and conductors. d. The Developer shall provide for the installation of a 1'/4 inch schedule 40 PVC conduit at the depth not less than 30 inches and at least 18 inch behind the curb, "clear from all other utilities". e. The Developer shall provide for the installation of a 1'/4 inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational. f. A 3 inch schedule 80 PVC conduit is required when crossing streets at depth not less than 30 inches, unless indicated otherwise on the plans. Concrete pull boxes shall be provided at the crossing points. g. Luminaire ballast shall be rated for multitap ope�ation and each luminaire shall have it's own photocell. 4. TRAFFIC CONTROL DEVICES a. The Developer agrees to 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 prevailing costs of materials and labor. b. This development creates the following number intersections at a total cost as shown to the Developer. c. The Developer may either deposit cash funds with the City equal to the following 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. A-11 ;;�i°��u�vu��':�h w��J�� ) G �� I�'Wr C-�r��'� �i � ��u 4�7yr^��!�-CIl'�p lIIS//�:a � � d. The City will instail 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 Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the l'��i day of �'��✓'r,��L , '�`-`��'l� ��1�� `�i�� 1 � �� LEGALITY: �r� � Gary J. Steinberger Assistant City Attorney + AZ'f EST: �� . �� .��.� Gloria Pear on 3��7-0� � __, . City Secretary RECOMMENDED: Hugo Malanga, P.E. �S�� lf ��' Director, Transportation and Public Works ,, ,�` CITY OF FOR�i WmF�TH, TEXAS �� BY: u �� Mike Groomer Assistant City Manager D ELOPER: �n. �r� ("'__�___".� r-hE��c.vd �r�o'�e��,1� � � �u, .�r..� W�,� � -r�� a �rn r ��' ��+�?�.4�� y� J-h l l wu�d ,rle v�- �uP"+t�4 � C 6�- B: l� r V�-~ ��+�..� n��`ci��,� u'� i i�� Fr��l B�Ida,r President �� A-12 � � ��cS (D � Contract Authorization :� - r .� -� r�°C� ,:,,��4�� :�� : a� ��:�:�r[�� ' ; ,� {��,�.�� '� �I1� � Y �..J�Y' yiLJC�IA City of For�t Worth, Texas �1►�1'�A�►ar And Cauncil C,aminun�cAt�on DATE REFERENCE NUMBER LOG NAME I PAGE 2/15/00 C-17862 20SCHOOL � 2 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH HILLWOOD DEVELOPMENT CORPORATION FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR IMPROVEMENTS TO SHIVER ROAD AND TRACE RIDGE PARKWAY ESTIMATED COSTS: Proiect Cost Developer Street Improvements Construction $60,940.00 Design Engineering -0- Engineerrng and Administration 1,219.00* Storm Drain Improvements Construction 34,472.00 Design Engineering -0- Engineering and Administration 689.00* Street Lights Street Name Signs TOTAL PROJECT COST: *2% Construction Inspection 17,600.00 80.00 $115,OQ0.00 FISCAL INFORMATION/CERTIFICATION: Park TPW $60,663.00 3,640.00 4,550.00 $9,989.00 599.00 749.00 -0- -0- -0- -0- $66,397.00 3,984.00 10,228.00 -0- Total $121,603.00 3,640.00 5,769.00 11 Q,858.00 4,583.00 11, 666.00 17,600.00 -0- -0- 80.00 $80,190.00 $80,609.00 $275,799.00 The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Street Improvements Fund and the Parks and Community Services Fund. MG:} t•. Submitted for City Ma�ager's Office by: Mike.Groomer 6140 Originating Department Nead: Hugo Malanga Additional Information Contact Hugo Malanga FUND I ACCOUNT I (to) 7801 � (from) C115 541200 C115 531200 � C115 511010 7S01 I C181 541200 CENTER I AMOUNT 020115136292 $66,397.00 020115095292 $ 3,984.00 020115095216 $10,228.00 � 080181046120 �80,190.00 I C(TY SECRETARY AP�'ROVt� CITY C�UNC�I� r- R j 5 ZOt?IO �,>,w. l :�..�..-�r i;itq Sec:vheiy of t21a City oi 'r'ort Worih, tazns City of Fort Worth, Texas �lr��a�a� And Caunc�l C,a�»mun�cAt�on DATE REFEftENCE NUMBER LOG NAME PAGE 2/15/00 C-17862 20SCHOOL 1 of 2 SUBJECT COMMUNITY F�CILITIES AGREEMENT WITH HILLWOOD DEVELU�'IVIENT CORPORATION FOR THE INSTALLATION OF COMMUNITY FACILITfES FOR IMPROVEMENTS TO SHIVER ROAD AND TRACE RIDGE PARKWAY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Hillwood Development Corporation for the installation of community facilities for improvements to Shrver Road from North Beach Street to Trace Ridge Parkway. DISCUSSION: Hillwood Development Corporation has executed a proposed contract for community facilities to serve the future school site for the Keller Elementary School. The site is located immediately north of Shiver Road between Trace Ridge Parkway and North Beach Street (see attachment). The improvements to Shiver Road need to be completed before the new elementary school is opened August 1, 2000. These improvements will provide 40 feet of pavement within a 60-foot right-of-way from Trace Ridge Parkway to North Beach Street. In addition, a right turn lane wEll be provided on Shiver Road at the south entrance ta Keller Elementary School. Trace Ridge Parkway will be constructed to 20 feet of pavement on the west half of the right-of-way from Shiver Road no�th to the east entrance of Keller Elementary Schoal. In addition to Hillwood Development Corporation, two other developers are also contributing to the improvements to Shiver Road. Stone Manor Addition (FP99059), located south of Shiver Road, is contributing $99,384.80, and Trace Ridge Addition Phase II (FP98006), located south of Shiver Road, is contributing $28,463.50. The Parks and Community Services Department (PACSD) has property located north of Shiver Road and is contributing $80,190.00. The Keller Independent School District (KISD) is contributing $31,930.00. Hillwood Development Corporation is contributing a share squal to that of the KISD along the frontage of Shiver Road. The attached map shows all of the entities contributing to the Shiver Road improvement. The Community Facilities Agreement is in compliance with standard City policy. The project is located in COUNCIL DISTRICT 4. ' .. 1yy�.; INTER-OFFICE CORRESPONDENCE ciry of Forr Worrf: Transportatio�i/Public �Vorks Departrnent Marcla l, 2000 TO: Gary Steinberger Assistant City Attorney FROM: Raquel Velasquez, Development Project Coord. �JV SUBJECT: COMMUNITY FACILITIES CONTRACT FOR SHIVER ROAD AND TRACE RIDGE PARKWAY In accordance with M&C C-17862, approved on February 15, 2000, please process the 3 copies of the CFA to the City Manager and City Secretary for execution. After execution and assignment of contract number, the City Secretary shall retain one copy and return the remaining copses to this office for fu�ther processing. I've included a copy of the approved M&C. Developer paid cash for their share of the project. Please call Raquel Velasquez at 7905 when ready for pickup. Thank you, cc: file