HomeMy WebLinkAboutContract 25792 �
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SECTION ONE
COMMUNITY FACILITIES AGREEMENT
to install
CITY SECRETARY /�h
WATER AND SEWER SERVICES CONTRACT NO, J`�7%o�
for
COVENTRY ADDITION,PHASE 1.
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 FAC-ILITIES serve the lots as shown on the attached Exhibit PAM ,
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 $ 46,200. 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 TWO HUNDRED
SIXTEEN THOUSAND, EIGHT HUNDRED SEVENTY-FIVE Dollars
($216,875).
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 $ 39,600. 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 EIGHTY-ONE THOUSAND TWO HUNDRED AND FIVE
Dollars ($ 181,205 .
PROJECT NAME: COVENTRY ADDITION, PHASE 1.
F. Prior to allowance of the construction contract by Developer, the Developer
agrees to provide acceptable financial guarantee to the city for 100 percent
of the construction of the construction costs along with payment of any
Ordinance costs and fees that are applicable. Prior to the award of the
construction contract by the City or the commencing of any work by the
City or its contractors, the Developer agrees to pay to the City:
(1) (a) One Hundred percent (100%) of the Developer's cost of all water
and sanitary sewer facilities within the development, exclusive of
engineering and service costs, sized to provide water and sanitary
sewer service within the development.
(b)One hundred percent (100%) of the Developer's cost of all
approach water and sanitary sewer facilities outside the limits of
the development sized to provide water and sanitary sewer service
to the development.
(c) One hundred percent (100%) of the Developer's cost of any
approach water main facility or water facility within the development
that is 8-inches in size for non-industrial development and 12-
inches in size for industrial development.
(d)One hundred percent (100%) of the Developer's cost of any
approach sanitary sewer main facility or sanitary sewer facility
within the development that is 8-inches in size.
(2) An additional ten percent (10%) of the total of the 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 B and 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 F above, for all water and sanitary sewer
facilities to be constructed hereunder is estimated as follows:
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PROJECT NAME: COVENTRY ADDITION, PHASE 1.
(1) WATER FACILITIES :
Estimated Estimated Total
Developer City Cost Cost
Cost
(a) Mains, Within
Development $ 146,770 $ 70,105 $ 216,875
Approach $ -0- $ -0- $ -0-
(b) Easements* $ -0- $ -0- $ -0-
(c)Services ( 132 -1") $ 46,200 $ -0- $ 46,200
Sub-Totals, Water $ 192,970 $ 70,105 $ 263,075
(2) SANITARY SEWER FACILITIES:
(a) Mains, Within
Development $ 181,205 $ -0- $ 181,205
Approach $ -0- $ -0- $ -0-
(b) Easements * $ -0- $ -0- $ -0-
(c) Services ( 132 -4") $ 39,600 $ -0- $ 39,600
Sub-Totals, Sewer $ 220,805 $ -0- $ 220,805
(3) TOTAL
CONSTRUCTION COST: $ 413,775 $ 70,105 $ 483,880
(4) CONSTRUCTION
INSPECTION FEE : $ 8,276 $ 1,402 $ 9,678
*to be dedicated by the developer.
*see Sheet 1-4 for Cost Breakdown on City Participation
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** CITY PARTICIPATION BREAK-DOWN FOR:
COVENTRY ADDITION, PHASE 1.
OVERSIZED WATER MAIN
(Developer pays up to 10" water line; City pays the difference between 16"/10"
water line, gate valve and fittings)
16"/10" Water Line ($39-$18)
2,855 L.F. x $21.00 = $ 59,955
16"x12" vs 16"x10" Tap Sleeve with Valve ($4,850-$4,000)
1 Each x $850.00 = $ 850
16"/10" Gate Valve ($5,000-$1,000)
2 Each x $ 4,000.00 = $ 8,000
16"/10" Fittings ($2,600)
0.50 Ton x $2,600 = $ 1,300
Subtotal $ 70,105
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
_ $ 70,105
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PROJECT NAME: COVENTRY ADDITION, PHASE 1.
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
1-5
PROJECT NAME: COVENTRY ADDITION, PHASE 1.
the current Fort Worth City Code, (said payment to be calculated as in G
above), based on actual quantities as reflected in the final estimate paid
to the Contractor by the Developer and on the accrual records of cost kept
by the City as a part of its customary procedures. The maximum possible
City Participation amount based on the actual quantities will be the
amount in the Estimated City Cost in G above and no more. 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.
RECOM ENDED:
HA. Fisseler
tor
r Department
Date
COMMUNITY FACILITIES AGREEMENT
to install
STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN
IMPROVEMENTS
for
COVENTRY ADDITION PHASE I
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 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 storm drain improvements and related support services
specified in this agreement, including design, construction and inspection is
estimated to be $722,018.
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 $636,699 of the total amount plus $11,970
for construction inspection fee.
The City shall contribute Dollars $73,349 of the total estimated construction cost.
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.
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Coventry Addition
G. Developer agrees to relieve the City of any responsibilities 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.
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SUMMARY OF COST
COVENTRY ADDITION PHASE I
Item Developer City Cost Total Cost
Cost
A. Construction
1 . Streets $ 512,435.00 $ 41,259.00 $ 553,694.00
2. Storm Drainage $ 86,064.00 $ - $ 86,064.00
3. Street Lights $ 37,400.00 $ - $ 37,400.00
4. Traffic Control Devices $ - $ - $ -
5. Street Name Signs $ 800.00 $ - $ 800.00
B. Engineering Design (6%) $ - $ 2,476.00 $ 2,476.00
C. Construction Engineering $ 11,970.00 $ 29,614.00 $ 41 ,584.00
and Management, 8"/0
TOTALS $ 648,669.00 1 $ 73,349.00 $ 722,018.00
NOTES:
1 . Forty-two (42) or wider street include sidewalk cost.
2. Construction items (1-4) cost includes 10% contingencies for Developer and City.
3. Developer's column for Item "B" represents two percent (2%) costs for construction
inspection and materials testing. City's participation is approximately 6%.
4. City not preparing plans and specifications.
5. Park Department participation for streets adjacent to City Park is: $-0-.
CFA CODE: 99056
CASE No.
Attachments: Cost Sheet(s) and Exhibit(s)
Prepared RV
Checked
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E. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 9 EA $ 2, 000 $ 18, 000
MID-BLOCK RESIDENTIAL 8 EA $ 2, 000 $ 16, 000
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $ --0--
MID-BLOCK COLLECTOR 0 EA $ 2, 000 $ --0--
MID-BLOCK ARTERIAL 0 EA $ 2, 000 $ --0—
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 500 $ __0__
RELOCATE EXISTING LIGHT 0 EA $ 1500 $ __0__
Subtotal $34, 000 .00
City' s Cost $ ---0---
Developer' s Subtotal $34, 000 .00
10% Contingencies $ 3, 400 . 00
Project Total $ 37, 400 . 00
Adjacent Developer' s Cost $ --0--
Developer's Cost $ 37,400 .00
Coventry
Phase 1
Fort Worth, Texas August 19, 1999
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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
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" .
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 .
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IV
STREET NAME SIGNS
1 . The Developer agrees to pay for the street name sign
installations required by this development to the extent of
$80 . 00 per intersection. This unit cost will be revised annually
by the Department of Transportation and Public Works to reflect
prevailing costs of materials and labor.
2 . This development creates the following ten (10) intersections at a
cost to the Developer of $800.00:
Exeter Lane and Worchester Drive
Exeter Lane and Exeter Lane
Hertford Street and Exeter Lane
Hertford Street and Hemphill Street
Hertford Street and Worchester Drive
Linacre Drive and Wolfson Street
Linacre Drive and Worchester Drive
Magdalen Avenue and Wolfson Street
Magdalen Avenue and Worchester Drive
Hemphill Street and F.M. 1187
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.
COVENTRY
PHASE I
Fort Worth, Texas August 3, 1999
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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 $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 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. 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
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F. 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 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. 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 availablk- 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 Light and Street Name Sign
Improvements to be Constructed by the Developer or City 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
VORCIAL PECORD
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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).
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%) 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 0 00%) 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.
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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).
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%) 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.
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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 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 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,
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such deposit shall be made in the Treasury of the City of Fort
Worth. The City of Fort Worth will not pay interest on any such
cash deposit.
(1 ) At such time that the contract is bid for projects other than
assessment projects, the cash deposit shall be adjusted to
one hundred twenty five percent (125%) of the actual bid
price. No contract shall be awarded and no work order shall
be issued until such adjustment is made.
(2) When a cash deposit is made, the additional twenty-five
percent (25%) beyond the one hundred percent (100%) of
the estimated 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
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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.
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].
1. On all facilities included in this agreement for which the developer awards its
own construction contract, the developer agrees to follow the following
procedures:
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1 . If the City participates in the cost of the facilities, the construction
contract must be advertised, bid and awarded in accordance with State
statutes prescribing the requirements for the letting of contracts for the
construction of public work. This includes advertising in a local
newspaper at least twice in one or more newspapers of general
circulation in the county or counties in which the work is to be
performed. The second publication must be on or before the tenth
(10th) day before the first date bids may be submitted. 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 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 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
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of any and all partial and final payments to the contractor. Said
approval shall be subject to and in accordance with requirements of this
agreement, and is not to constitute approval of the quantities of which
payment is based.
6. To delay connections of buildings to service lines of sewer and water
mains constructed under this contract until said sewer and water mains
and service lines have been completed to the satisfaction of the Water
Department.
7. It is expressly understood by and between the developer and the City of
Fort Worth, that in the event the developer elects to award one single
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
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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, by the
negligence of officers, agents, or employees of the City. 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, by the negligence of
officers, agents, or employees of the City.
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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).
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 with 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 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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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 operation 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.
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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
Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this
the C"�day of
APPROVED AS TO FORM AND RECOMMENDED:
LEGALITY:
Gary J. Steinberger Hu alanga, P.E.
Assistant City Attorney Director, Transportation
and Public Works
AT ST: CIT"OFFORTMH AS
t By:
Gloria Pears n 4/-19-ULA Mike Groomer
City Secretary Assistant City Manager
(-"- %717, 0
contract Authorization
3 _ ��,U� DEVELOPER: 661.1TeX kFO►AE5
Date
By: 1 ('' zlrI
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A-12
DEVELOPMENT BOND
GUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No. 6026245
KNOW ALL MEN BY THESE PRESENTS, that we, CENTEX HOMES as Principal,
and SAFECO INSURANCE COMPANY OF AMERICA a corporation organized and existing under the
laws of the State of WASHINGTON and fully authorized to transact business in the State of T exss, as
surety, are held and firmly bound unto CITY OF FORT WOR:1-1-1, =CA-S, 1000 7 rroclanoron
Street, Fort Worth Texas. 761 02-_ __�Ls Obligee, in the penal sum of
ONE MILLION ONE HUNDRED TWENTY FIVE THOUSAND & hawiul money of the United States of
---------- 191259000.00
m%merI a, for the payment of wldch well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns,jointly and severally, 5=ly by these presents.
WHEREAS, CENTEX HOMES has aereed to construct in
COVENTRY SUBDIVISION , in the CITY OF FORT WOR717,
TEXAS the following imQrovements:
UTILITIES AND PAVING
WP:EEAS, in the event of bankruptcy, de:auit or other nonperforrarce by Principal,
claims against, Principal or the development, Obligee may be left without adequate satisfaction.
NOW, THEREFORE, THE CONDITION OF T-r-:-IS OBLIGATION 1S SUC:-i, that
if the said Principal shall construct, or have constructed, the improvements herein desc^bed, and
shall pay for the cost of all labor, materials and equipment furnished in connection v ith the
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construction of said improvements, and shall save the Oblige- harmless from any loss, cost or
damage by resson of its failure to complete the construction of said improvements or by recon 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 be-r.-i completed,
or that the costs for same have not be--n paid, the Surety shall complete construction of said
improvements, and will pay all costs for construction of said improvemcats, or will pay to the City
of Fort Worth such amount up to the amount of this bond which will allow the City of Fon Worth
to complete construction of said improve_rnents and to pay for the costs of same.
PROVTDED FURTHER, that this bond shall automatically be increased by the arnount of
any cL-mge order, supplemental ag*et merit or amendnenc which increase the price of the
aforerneadoned contract.
PROVIDED FUR—IHEF- that if any legsl action be [lied on :his bone., the laws of the State
of T exas shall apply and that venue shall lie exclusively in Ta=t County, Texas.
AIN-D PROVIDED FURTI-r.EIZ- that the said surety, for value r-ec ived, hc:eby stipulates
and agrees that no change, e-aension of time, alteration or addition to the terms of any contrac: for
the public affect its obligation on this bond. and it does hereby waive notice of any such change
e:,tens'on of time, alteration or addition to the terms of such contract.
T-his bond is given pursuant to the provisions of Sermon
I2.073 of the Texas Local Government Code, as such may arnenccd from time to time.
Signed, sealed and dated this .4TH day of NOVEMBER 19 99
CENTEX HOMES SAFECO NSURANCE CO ANY OF AMERICA
ncioal Surety
ey: By:
ALLYSON DEAN, ATTORNEY- -FACT
t•o V'v!l�}Ir��p TEXu
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C /� F ^ ` ^ O„ �� R GAFECO INSURANCE COMPANY OF AMNIA
► J /� C ` INSUNCE
OF ATTORNEY HOME OFFICE SAFECO PLLA7A COMPANY OF A&ERICA
SEATTLE,WASHINGTON 98185
No. 7386
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint
00"440'4'4'1-AWRENCEW.WALDIE;CARMEN MIMS;ALLYSON DEAN;BRIAN M.LEBOW;DEBBIE L.GRIFFITH,DOROTHY VALEK;Dallas,Tcxas••••••••••...
its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar charactei
issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 13(h day of July 1999
k� ��6&V4RA,PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT
CERTIFICATE
Extractfrom the By-Lawsof SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
Article V.Sedan 13. - FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
xapose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to
meoute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any
nstument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
indertalking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not
ie necessary to the validity of any such instrument or undertaking.'
Extractfrom a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
n The provisions of Article V,Section 13 of the By-Laws,and
n A copy of the power-of-attomey appointment,executed pursuant thereto,and
(05) Certifying that said power-of-attomey appointment is in full force and effect,
ie signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
RA Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
xegoi g extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attomey issued pursuant thereto,are true and
omect,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect.
V WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
Q0 a
this day of -L s i f
�y,C4.COdjo�4✓ SCE COMP
SEAL y SEAL
of WA R.A.PIERSON,SECRETARY
'e, Ui �G�S�� (G[E(03 PD
6-097415;AEF 7198 l�C Ui C LSI��V��IdNU1�U
6 Registered trademark of SAFECO Corporation.
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City of Fort Worth, Texas
4taffor AndCommunication
Council
DATE REFERENCE NUMBER I LOG NAME PAGE
3/21/00 **C-17930 20HERT 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH CENTEX HOMES FOR THE
INSTALLATION OF COMMUNITY FACILITIES FOR COVENTRY ADDITION, PHASE I
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
w Agreement with Centex Homes for the installation of community facilities for Coventry Addition, Phase I.
F DISCUSSION:
Centex Homes, the developer of Coventry Addition, Phase I, has executed a proposed contract for
community facilities to serve a single-family (874 lots) development located in southwest Fort Worth,
north of FM 1187, southeast of Deer Creek and west of 1-35W (see attached map). This development
F is located in COUNCIL DISTRICT 9.
The proposed Community Facilities Agreement is in compliance with standard City policy. There are
five internal streets for this development and one border street, Hemphill Street. The developer will pay
for the construction of all internal streets. The City will share in the cost of constructing Hemphill Street,
an arterial border street. Half of the street will be constructed now as part of this development. The
developer's share is $512,435 plus $10,248 for construction inspection. The City's portion is $73,349.
F
The developer will pay for the construction of approximately 1,800 linear feet of sidewalk along
Hemphill Street. City participation on Hemphill Street along residential zoning will include a 6-foot wide
pavement of 1,270 feet of roadway and 1-foot wide pavement for 530 linear feet along commercial
zoning. The City will pay for the right turn lane.
The developer estimated the cost for water and sewer at $413,775 plus $8,276 for the construction
inspection fee. The Water Department participation will be $70,105 plus $1,402 for the construction
inspection fee.
The developer estimated costs for storm drainage at $86,065 plus $1,721 for the construction
M inspection fee. There is no City participation on the storm drain.
Nine street lights will be installed at the following locations, at a cost to the developer of $18,000.
These include the intersections of Hemphill Street and Hertford Street; Exeter Lane and Hertford Street;
Cul-de-sac on Exeter Lane; Worchester Drive and Exeter Lane; Hertford and Worchester Drive; Linacre
Drive and Worchester Drive; Magdalen Avenue and Worchester Drive; Magdalen and Wolfson Street;
and Wolfson and Linacre Drive.
Eight additional street lights will be installed by the developer at a cost of $16,000 at the following mid-
block locations: four on Hemphill Street; one each at Magdalen Avenue, Lincacre Drive, Hertford
Street and Exeter Lane.
City of Fort Worth, Texas
"ayor AndC ouncil communicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
3/21/00 **C-17930 1 20HERT 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH CENTEX HOMES FOR THE
INSTALLATION OF COMMUNITY FACILITIES FOR COVENTRY ADDITION, PHASE I
There will be 10 intersections where street signs and stop signs will be installed at a cost to the
developer of $800. These include: Exeter Lane and Worchester Drive; Exeter Lane and Exeter Lane;
Hertford Street and Exeter Lane; Hertford Street and Hemphill Street; Hertford Street and Worchester
Drive; Linacre Drive and Wolfson Street; Linacre Drive and Worchester Drive; Magdalen Avenue and
Wolfson Street; Magdalen Avenue and Worchester Drive; and Hemphill Street and FM 1187.
Total project cost for this development is $1,215,576. The developer's participation is $1,070,720.
Total City participation will be $144,856.
PLAN COMMISSION APPROVAL
On May 26, 1999, the Plan Commission approved preliminary plat (PP 99026). The final plat has been
submitted to City Staff for review.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of
the Street Improvements Fund and the Commercial Paper-Water Funds.
MG:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROM
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
MR 21 2004
Hugo Malanga 7801 (from)
IE
531200 020115136293 $ 2,476.00
Additional Information Contact: 541200 020115136293 $41,259.00
511010 020115095216 $29,614.00 City Secretary of tee
City of Fort Worth,Texas
Hugo Malanga 7801 539140 060770155890 $70,105.00