HomeMy WebLinkAboutContract 25976 CITY SECRETARY
COMMUNITY FACILITIES AGREEMENT CONTRACT NQ,
to install
STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN
IMPROVEMENTS FOR
SOUTH HULEN STREET
(COLUMBUS TRAIL TO WEST CLEBURNE ROAD)
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 $619.792.
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 $541,490 of the total amount.
The City shall contribute Dollars $78,302 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.
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SOUTH HULEN STREET
(COLUMBUS TRAIL TO WEST CLEBURNE ROAD)
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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CO NC-(MMY
SOUTH HULEN STREET
(COLUMBUS TRAIL TO WEST CLEBURNE ROAD)
Summary of Cost
DEVELOPER CITY TOTAL COST
ITEM COST COST
A. Construction $437,912 $47,694 $485,606
1. Streets
$ 50,235 $-0- $50,235
2. Storm Drainage
$ 43,500 $-0- $43,500
3. Street Lights
$-0- $-0- $-0-
4. Traffic Control
Devices
$80 $-0- $80
5. Street Name Signs
B. Engineering Design $-0- $ 2,862 $2,862
6%
Construction $9,763 $27,746 $37,509
Engineering and
Management by DOE
7%
C. TPW Administration $-0- $-0- $-0-
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TOTALS $541,490 $78,302 $619,792
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. Park Department participation for streets adjacent to City Park is: $-Q,
CFA CODE 99042
Case No.
Prepared RV
Checked
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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 one (1) intersection at a
cost to the Developer of $80.00:
South Hulen Street and Columbus Trail
3. The Developer may either deposit cash funds with the City equal
to the above amount at the time of Community Facilities Agreement
approval or wait until the street name signs are to be installed.
If the Developer elects to wait, the cost of street name signs
will be at the rate prevailing when the Developer deposits funds
with the City.
4 . The City will install the street name signs upon final approval
of the street construction. The street name signs will remain
the property of, and will be maintained by, the City.
SOUTH HULEN STREET
(STONE MEADOW ADDITION)
Fort Worth, Texas June 8, 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.
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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 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 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
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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 Payment Bonds: Are required for the
construction of streets, storm drains, street lights, and street
name signs, the following terms and conditions shall apply:
(1 ) 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
m 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].
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:
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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 causes, on whole or in part,
by the negligence of officers, agents, employees, licensees, invitees,
contractors or subcontractors of the City; and in addition the developer
covenants to indemnify, hold harmless and defend the City, its officers,
agents and employees from and against all claims, suits, or causes or
action or any nature whatsoever brought for, or on account of any
injuries or damages to persons or property, including death, resulting
from any failure to properly safeguard the work or an account of any
act, intentional or otherwise, neglect or misconduct of the developer, its
contractors, subcontractors, agents or employees, whether or not
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caused, on whole or in part, by the negligence of officers, agents,
employees, licensees, invitees, contractors or subcontractors of the
City.
5. Developer covenants and agrees that it discriminates against no
individual involving employment as prohibited by the terms of Ordinance
No. 7278 (as amended by Ordinance No. 7400), an ordinance prohibiting
discrimination in employment practice because of race, creed, color,
religion, national origin (except for illegal aliens), sex or age, unless sex or
age is a bonafide occupational qualification, subcontractor or
employment agency, either furnishing or referring applicants to such
developer, nor any agent of developer is discriminating against any
individual involving employment as prohibited by the terms of such
Ordinance No. 7278 (as amended by Ordinance No. 7400).
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 jAay of . 'Y9�4OQ7)
APPROVED AS TO FORM AND RECOMMENDED:
LEGALITY:
iYary J. Steinberger Hugo Malanga, P.61 ftp
Assistant City Attorney Director, Transportation to►��4�
and Public Works
ATTEST: CITY OF FnRr . 0 T , TEXAS
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By:
GlorVa Pearson Mike Groomer
City Secretary Assistant City Manager
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Contracct/ Authorization DEVELOPER:
HULEN PARK VENTURE, L.L.C.
Date
By: IL61cla
Kent Anderson
Vice President of Development
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VOL. 2804, PG. 479
PROPOSED
STONE MEADOW HULEN PARK
PHASE 1 VENTURE L.L.C.
VOL. 13581, PC. 0110
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LEGEND
'-"-� 200 WATT DOUBLE ARM
STREET UGHT
USA PROFESSIONAL ""TMER"'°""°"L-
SERVICES GROUP, INC. EXHIOIJ
CIV!L ENGINEERS - SURVEYORS - PLANNERS I - STREET LIGHTS
LANDSCAPE ARCHITECTS SOUTH HULEN STREET
8700 STEMMONS FRWY., SUITE 400 BETWEEN COLUMBUS TRAIL &
DALLAS, TEXAS 75247 WEST CLEBURNE ROAD
(214) 634-3300
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DEVELOPMENT BOND
GUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No. 22500891
KNOW ALL MEN BY THESE PRESENTS, that ween Park Venture,as Anincipal,
and WESTERN SDxETY COMPANY a corporation organized and existing under the
laws of the State of SD and fully authorized to transact business in the State of Texas, as
surety, are held and firmly bound unto CITY OF FORT WORTH, TEXAS, 1000 Throckmorton
Street, Fort Worth, Texas, 76102, as Obligee, in the penal sum of
Five Huxked Forty Mmus rd Six Iind-ed Uree DaUars lawful money of the United States of
($540,60[3.00
Anperica, for the payment of which well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
yBEREAS, Hulen Park Venture, L.L.C-has agreed to construct in
Stone Meadow , in the CITY OF FORT WORTH,
TEXAS the following improvements:
South Hulen Street extension
WHEREAS, in the event of bankruptcy, default or other nonperformance by Principal,
claims against Principal or the development, Obligee may be left without adequate satisfaction.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall construct, or have constructed, the improvements herein described, and
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shall pay for the cost of all labor, materials and equipment furnished in connection with the
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construction of said improvements, and shall save the Obligee harmless from any loss, cost or
damage by reason of.its failure to complete the construction of said improvements or by reason of
its failure to pay for the cost of same, then this obligation shall be null and void, otherwise to remain
in full force and effect; and upon receipt of a resolution adopted by the City Council of the City of
Fort Worth indicating that the construction of said improvements has not been completed, or that
the costs for same have not been paid,the Surety shall complete construction of said improvements,
and will pay all costs for construction of said improvements, or will pay to the City of Fort Worth
such amount up to the amount of this bond which will allow the City of Fort Worth to complete
construction of said improvements and to pay for the costs of same.
qF PROVIDED FURTHER, that this bond shall automatically be increased by the amount of
any change order, supplemental agreement or amendment which increase the price of the
aforementioned contract.
PROVIDED FURTHER, that if any legal action be filed on this bond, the laws of the State
of Texas shall apply and that venue shall he exclusively in Tarrant County, Texas.
AND PROVIDED FURTHER, that the said surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of any contract for
the public affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of such contract.
This bond is given pursuant to the provisions of Section
212.073 of the Texas Local Government Code, as such may amended from time to time.
Signed, sealed and dated this 12th day of January .2000
HULEN PARK VENTURE, L.L.C. WESTERN SURETY COMPANY
DEIELOPERS NAME SURETY COMPANY'S NAME
Principal SureAl
ty
j. �
Attorney-in-Fact Michael P. Whisenant
cr-m t w�rG� ,kt,
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Western Surety Company
POWER OF ATTORNEY- CERTIFIED COPY
Bond No. 22500891
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents
make,constitute and appoint Michael ael p Whisenant
its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute, acknowledge and deliver for and on
its behalf as Surety,bonds for:
Principal: Hulen Park Venture, L.L.C.
Obligee: City of Fort Worth, Texas
Amount: $540,603.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President,any Vice President, Secretary, any Assistant Secretary,or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of April 12
2000 ,but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its President,Stephen T.Pate, and its
corporate s ;A)#,affixed this 12th day of January 2000
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LWESTER SURETY COM NY
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Stephen T.Pate,President
STQjlT " A ss
COUNYa � AHA
On this 12th day of January in the year 2000 ,before me,a notary public,personally appeared
Stephen T. Pate, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
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sNOTARY PUBLICS Notary Puhlic-South Dakota
S SEAL SOUTH DAKOTA SEAL 1j
1 My Commission Expires 10-22.2005 t
I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 12th day of
January 2000
WESTER S RETY COM NY
-707
._ ._
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Stephen T.Pate,President
Forth F5306 ui v
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City of Fort Worth, Texas
4VaVoir And Council Communication
DATE REFERENCE NUMBERLOG NAME PAGE
5/23/00 C-18025 20HULEN 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH HULEN PARK VENTURE, L.L.C. FOR
THE INSTALLATION OF COMMUNITY FACILITIES FOR EXTENSION OF SOUTH
HULEN STREET FROM COLUMBUS TRAIL ROAD TO WEST CLEBURNE ROAD
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Hulen Park Venture, L.L.0 for the installation of community facilities for the extension of
South Hulen Street from Columbus Trail Road to West Cleburne Road.
DISCUSSION:
Hulen Park Venture, L.L.C., has executed a proposed contract for community facilities to construct a
new section of South Hulen Street from Columbus Trail Road to West Cleburne Road. South Hulen
Street will be built as a 4-lane divided roadway (2-27 feet wide) from Columbus Trail Road to West
Cleburne Road (see attached map). This development is located in COUNCIL DISTRICT 6.
This project is divided into two sections. Section I is adjacent to the residential development, Stone
Meadow Phase I, located from West Cleburne Road to approximately 1,650 feet north. Section 2 is
through the undeveloped tract of land located from Columbus Trail Road to approximately 1,700 feet
south.
Section I -Adjacent to Residential Development, Stone Meadow Phase I
The developer, Hulen Park Venture, L.L.C., owns property on both sides of South Hulen Street from
West Cleburne Road to approximately 1,650 feet north. The developer is subdividing the property,
Stone Meadow Phase I, on the west side of South Hulen Street as residential development. The
developer is constructing a 4-lane divided roadway (2-27 feet wide) adjacent to the residential
development. The"'City will share in the cost of constructing South Hulen Street, per policy, adjacent to
the residential development. The developers' share for South Hulen Street is $437,912 plus $8,758 for
construction inspection fees. The City's share for South Hulen Street along residential zoning is
$78,302.
The total project cost for the Stone Meadow Phase I development is $619,792. The developers'
participation is $541,490 and the City's participation is $78,302.
Sectiorr2,,;�,1hrough the Undeveloped Tract of Land
The deveiopeAesr acquired the ultimate right of way (120 foot right-of-way) from the property owner of
the bpgeveloped tract of land located from Columbus Trail Road to approximately 1,700 feet south.
The developer, at.its cost, is constructing a 2-lane roadway (27 feet wide) on the west half of the right-
of-Way.fr9m Columbus Trail Road to 1,700 feet south. In order to eliminate a gap along South Hulen
Street and a traffic safety problem of transitioning from 4 to 2 lanes, a 2-lane roadway (27 feet wide) will
be c onstructed;`b'v the east half of South Hulen Street to provide for a continuous 4-lane divided
w roadway.
City of Fort Worth, Texas
4volljor and couni"R Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/23/00 C-18025 20HULEN 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH HULEN PARK VENTURE, L.L.C. FOR
THE INSTALLATION OF COMMUNITY FACILITIES FOR EXTENSION OF SOUTH
HULEN STREET FROM COLUMBUS TRAIL ROAD TO WEST CLEBURNE ROAD
The construction of the east half of South Hulen Street (which is solely at City cost) will be done as a
change order to the developers existing construction contract, and it will be funded upon approval of the
change order by City Council. The estimated cost for the construction of the east half of South Hulen
Street is approximately $174,168. Anticipated funding for the City's share will be approximately
$45,155 taken from the New Development Fund Account, and the remaining balance of $129,013 will
be taken from the Undesignated Fund Account of Council District 6.
The developer estimated cost for storm drains is $50,235 plus $1,004 for construction inspection fees.
There is no City participation for storm drains.
Eighteen street lights will be installed along South Hulen Street from Columbus Trail Road to West
Cleburne Road, at a cost to the developer of $43,500.
There will be one street name sign required at the intersection of South Hulen Street and Columbus
Trail Road at a cost to the developer of$80.
PLAN COMMISSION APPROVAL - On February 24, 1999, the Plan Commission approved the
preliminary plat (PP99003). The final plat has been submitted to staff for review.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund.
MGA
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) '( FOVED
Mike Groomer 6140 O��C UNIM
Originating Department Head:
MAY 9t 2000
Hugo Malanga 7801 (from)
C115 541200 020115136298 $47,694.00 �jy,',_.�
Additional Information Contact: C115 531200 020115136298 $ 2,862.00 Cltt �F "'
C115 541200 020115095216 $27,746.00
Hugo Malanga 7801