HomeMy WebLinkAboutContract 26049 t
SECTION ONE CITY SECRETARY (/C�
COMMUNITY FACILITIES AGREEMENT CONTRACT NO. 2-(, �7 l
to install
WATER AND SEWER SERVICES
for
THE PARKS OF DEER CREEK, Mc PHERSON BLVD., PHASE I.
A. The City agrees to permit the Developer to let a contract for, in accordance
with its accepted practices, ordinances, regulations, and the provisions of
the City Charter, and subject to the requirements of the City's Charter, and
subject to the requirements of the City's Policies and Regulations for
Installation of Community Facilities, all as current at the time of installation:
WATER FACILITIES serve the lots as shown on the attached Exhibits A-
1, 2,3 , and SANITARY SEWER FACILITIES to serve the lots as shown
on the attached Exhibits B-1,2,3 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 Exhibits A-1,2,3 . The estimated cost
of these service lines is $ 4,375. 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 Three Hundred Ninety-
Nine Thousand, Four Hundred Sixty-Two Dollars ($399,462) .
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 B-1,2,3 The estimated
cost of these service lines is $ 51,060. 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
Four Hundred and Twenty-Six Thousand, Nine Hundred ThirtyDollars
($426,930).
01-IR-W PECOVIM
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PROJECT NAME: THE PARKS OF DEER CREEK, Mc PHERSON BLVD, PH I.
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 Developers cost
of these water and sanitary sewer facilities, exclusive of cost of service
lines, is required for design engineering if such engineering is performed
by the City at the Developer's request.
(3) One hundred percent (100%) of the Developer's cost of all service
lines, estimated under 1-B and 1-D above, in accordance with the
provisions of the current Fort Worth City Code.
(4) A construction Inspection Fee equal to two (2%) of the Developer's
actual cost share of the construction cost (including all services) of the
water and/or sanitary sewer facilities.
G. The distribution of estimated construction cost between the City and the
Developer, as per paragraph 1-F above, for all water and sanitary sewer
facilities to be constructed hereunder is estimated as follows:
I-2
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PROJECT NAME: THE PARKS OF DEER CREEK, Mc PHERSON BLVD, PH I.
(1) WATER FACILITIES :
Estimated **
Developer Estimated Total
Cost City Cost Cost
(a) Mains, Within
Development $ 311,369 $ 88,093 $ 399,462
Approach $ -0- $ -0- $ -0-
(b) Easements* $ -0- $ -0- $ -0-
(c) Services
7 - single 1") $ 4,375 $ -0- $ 4,375
(d)Park Participation $ -0- $ -0- $ -0-
Sub-Totals, Water $ 315,744 $ 88,093 $ 403,837
(2) SANITARY SEWER FACILITIES:
(a) Development $ 384,173 $ 42,757 $ 426,930 `
Approach $ -0- $ -0- $ -0-
(b) Easements * $ -0- $ -0- $ -0-
(c) Services ( 111 -4") $ 51,060 $ -0- $ 51,060
(d)Park Participation $ -0- $ -0- $ -0-
Sub-Totals, Sewer $ 435,233 $ 42,757 $ 477,990
(3) TOTAL
CONSTRUCTION COST: $ 750,977 $130,850 $ 881,827
(4) CONSTRUCTION
INSPECTION FEE : $ 15,020 $ 2,617 $ 17,637
*to be dedicated by the developer.
** see Page 1-4 for City Cost
I-3
** CITY PARTICIPATION BREAK-DOWN FOR-
THE PARKS OF DEER CREEK, Mc PHERSON BLVD, PH I.
OVERSIZED WATER MAIN
(Developer pays up to 12" water line; City pays the difference between 16"/12"
water line, gate valve and fittings)
16"/12" Water Line ($45.34-$31.59) averaged costs
4,695 L.F. x $13.75 = $ 64,556
16"/12" Gate Valve ($5,605-$1,073.40)
4 Each x $ 4,531.60 = $ 18,126
16'712" Fittings ($5,411)
1 LS x $5,411 = $ 5,411
Subtotal $ 88,093
OVERSIZED SEWER MAIN
(Developer pays up to 8", 10", 12" sewer line; City pays the difference between
15"/12", 12"/10", 10"/8" sewer line.
15"SDR-35/12" SDR-35 Sewer Line ($50.72-$45.77) averaged costs
5,390 L.F. x $13.75 = $ 26,681
15"SDR-26/12" SDR-26 Sewer Line ($61.60-$57.14) averaged costs
65 L.F. x $13.75 = $ 290
12"SDR-35/10" SDR-35 Sewer Line ($45.77-$39.17) averaged costs
1,733 L.F. x $13.75 = $ 11,438
12"SDR-26/10" SDR-26 Sewer Line ($57.14-$47.99) averaged costs
52 L.F. x $13.75 = $ 476
10"SDR-35/8" SDR-35 Sewer Line ($39.17-$33.14) averaged costs
642 L.F. x $13.75 = $ 3,872
Subtotal $ 42,757
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
_ $ 88,093+ $ 42,757= $130,850
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PROJECT NAME: THE PARKS OF DEER CREEK, Mc PHERSON BLVD, PH I.
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 1-G
above; provided, however, that said payment shall be calculated using the
actual construction costs and actual service costs under the provisions of
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COMMUNITY FACILITIES AGREEMENT
to install
STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN
IMPROVEMENTS
For
The Parks of Deer Creek, McPherson Boulevard, 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 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 $550,836.
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 $431,906 of the total amount.
The City shall contribute Dollars $118,930 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.
TRANSPORTATION AND PUBLIC WORKS DEPARTNM
THE CrN OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH,TEXAS 76102
(817) 871-7800 * FAx(817)871-8092
0 Printed on recycled paper
AOW AM,
The Parks of Deer Creek, McPherson Boulevard, Phase I
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.
2
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The Parks of Deer Creek, McPherson Boulevard, Phase I
Summary of Cost
Estimated Estimated
Developer for Developer for Estimated
Item Current Cost Future Cost City Cost Total Cost
Improvements Improvements
A. Construction $283,457 $-0- $83,290 $366,747
1. Streets
$118,333 $-0- $4,180 $122,513
2. Storm Drainage
$22,000 $-0- $-0- $22,000
3. Street Lights
$-0- $-0- $-0- $-0-
4. Traffic Control Devices
$80 $-0- $-0- $80
5. Street Name Signs
B. Engineering Design $-0- $-0- $5,248 $5,248
6%
C. Construction Engineering $8,036 $-0- $26,212 $34,248
(@ 7 %) and Management
by DOE
D. TPW Administration $-0- $-0- $-0- $-0-
1
TOTALS $431,906 $-0- $118,930 $550,836
NOTES:
1. Forty-two (42) feet and wider street include sidewalks cost of$41,158.
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: $-0-.
CFA CODE LF99055 Date: September 28, 1999
Case No. FP99023
Prepared L�C�
Checked
3
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E. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2 , 000 $ --0--
MID-BLOCK RESIDENTIAL 0 EA $ 2 , 000 $ __0__
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 8 EA $ 2, 500 $ 20, 000
RELOCATE EXISTING LIGHT 0 EA $ 1500 $ __0__
Subtotal $20, 000 .00
City' s Cost $ ---0---
Developer' s Subtotal $20, 000 .00
10% Contingencies $ 2, 000 .00
Project Total $ 22, 000 .00
Adjacent Developer' s Cost $ --0--
Developer' s Cost $ 22, 000 .00
McPherson Blvd
Phase 1
Fort Worth, Texas August 17, 1999
III- 1
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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 .
S . 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 .
III- 2
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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:
McPherson Boulevard and South Freeway (I-35W)
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.
McPHERSON BOULEVARD
PHASE I
Fort Worth, Texas August 3, 1999
IV-1
ENGINEER'S OPINION OF PROBABLE COST
Date: 7/19/99 Project: McPherson Boulevard, Phase I Client: Lumbermen's
Job No: 9878 Location: Ft. Worth, Texas Page: I of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
On-Site Paving Facilities
1. 7" Concrete Pavement S.Y. 9,235 $23.50 5217,022.50
2. 8" Lime Treated Subgrade S.Y. 10,220 $3.00 $30,660.00
3. Clearing and Grubbing Ac. 7.1 $325.00 $2,307.50
4. Street Excavation C.Y. 18,000 $1.40 $25,200.00
5. Barrier Free Ramps Ea. 4 $650.00 $2,600.00
6. Barricades L.F. 210 $70.00 514,700.00
7. Pavement Striping L.S. 1 $3,500.00 $3,500.00
Paving Subtotal $295,990.00
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best
judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this
project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer
has no control over the cost of labor material or services to be furnished by others or over market conditions.
Accordingly Goodwin&Marshall, Inc.can not guarantee that actual costs will not vary_ from the opinions expressed
herein.
12
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ENGINEER'S OPINION OF PROBABLE COST
Date: 7/19/99 Project: McPherson Boulevard, Phase I Client: Lumbermen's
Job No: 9878 Location: Ft. Worth, Texas Page: 2 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
Storm Drain Facilities
1. 10' Recessed Curb Inlets Ea. 4 52,450.00 59,800.00
2. 21" R.C.P. L.F. 103 S31.00 $3,193.00
3. 24" R.C.P. L.F. 217 $36.00 $7,812.00
4. 27" R.C.P. L.F. 515 541.00 521,115.00
5. 30" R.C.P. L.F. 110 548.00 55,280.00
6. 39" R.C.P. L.F. 31 $71.00 $2,201.00
7. 42" R.C.P. L.F. 421 577.00 $32,417.00
8. 48" R.C.P. L.F. 96 $91.00 $8,736.00
9. 6' x 4' BOX CULVERT L.F. 78 5200.00 $15,600.00
10. Connect to Existing S.D. Ea. 1 $650.00 S650.00
11. Trench Safety L.F. 1,571 $1.00 $1,571.00
12. 5' x 8' Junction Box Ea. 1 53,000.00 $3,000.00
w/Riser& S.D. Manhole
Storm Drain Subtotal $111,375.00
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best
judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this
project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer
has no control over the cost of labor material or services to be furnished by others or over market conditions.
Accordingly Goodwin&Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed
herein.
10/26/1999 10:23 '163116 GOODWIh'"`�RSHALL PAGE 02
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OWNED/DEVELOPED BY:
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5445 Beldine Road Suite 225
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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 --
Fill.
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 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.
A-3
4.
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,
A-4
J (GL VYEC("DG1D
b. Where the City lets the contract, performance and payment bonds
shall be deposited, in the amount of one hundred percent 0 00%)
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
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
A-5
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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
A-8
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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
A-9
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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 Aay of Z , +&too
APPROVED AS TO FORM AND RECOMMENDED:
LEGALITY:
Gary J. Steinberger Hugo Malanga, P.4-/ v5111 toll yy
Assistant City Attorney Director, Transportation
and Public Works
A EST: CITY OF FOR R H, TEXAS
T By:
Gloria Pearn 7-1-4-00 Mike Groomer
City Secr ary Assistant City Manager
- /8D5/
DEVELOPER: Lumbermen's Investment Corporation Contract Authorization
By:
l�atid
Chuck Hudson, ice President
A-12 ORKN L RECORD
CITY W-Mly
�a�IF3N_IH9 0o
�• DEVELOPMENT bwxlD
GUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No. S5-10-99-1
KNOW ALL MEN BY THESE PRESENTS, that we, Lumbermen's Investment
Corporation , as Principal, and Travelers Casualty and Sure Company of America,
a corporation, organized and existing under the laws of the State of Connecticut
and fully authorized to transact business in the State of Texas, as surety,
are held and firmly bound unto CITY OF FORT WORTH, TEXAS, Transportation and
Public Works Department, 1000 Throckmorton Street, Fort Worth, Texas 76102, as
Obligee, in the penal sum of Five Hundred Twenty One Thousand,One Hundred
Twenty Five Dollars and 00/100($521,125.00) in lawful money of the United States of
America, for the payment of which well and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors and assigns,jointly and severally, firmly by
these presents.
WHEREAS, Lumbermen's Investment Corporation has agreed to construct in
Parks of Deer Creek- McPherson Boulevard ,
in the CITY OF FORT WORTH, TEXAS the following improvements:
Proposed community facilities including streets, storm drains,water and sewer
WHEREAS, in the event of bankruptcy, default, or other nonperformance
by Principal, claims against Principal or the development, Obligee may be left
without adequate satisfaction.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS
SUCH, that if the said Principal shall construct, or have constructed, the
improvements herein described, and shall pay for the cost of all labor,
materials and equipment furnished in connection with the construction
4
of said improvements, and shall save the Obligee harmless from any loss,
cost or damage by reason of its failure to complete the construction of
said improvements or by reason of its failure to pay for the cost of same,
then this obligation shall be null and void, otherwise to remain in full force
and effect; and upon receipt of a resolution adopted by the City Council of the
City of Fort Worth indicating that the construction of said improvements has not
been completed, or that the costs for same have not been paid, the Surety shall
complete construction of said improvements, and will pay all costs for
construction of said improvements, or will pay to the City of Fort Worth such
amount up to the amount of this bond which will allow the City of Fort Worth
to complete construction of said improvements and to pay for the costs of same.
PROVIDED FURTHER, that this bond shall automatically be increased by
the amount of any change order, supplemental agreement or amendment which
increase the price of the aforementioned contract.
PROVIDED FURTHER, that if any legal action be filed on this bond, the laws of
the State of Texas shall apply and that venue shall lie exclusively in Tarrant
County, Texas.
AND PROVIDED FURTHER, that the said surety, for value received,
hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of any contract for the public affect its obligation on this
bond, and it does hereby waive notice of anv 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 13th day of October , 19 99 .
LUMBERMEN'S INVESTMENT CORPORATION
Principal ,, 4
By: 4�
TRAVELERS CASUALTY & SURETY CO OF AMERICA
Surety
By: (hav'&k 4^1')
Attorney-in-Fact
f�e(-
79,, Wf55XV'M, R
TRAVELERS CASE ',TY AND SURETY COKPANY OF AMERICA
W Hartford, Connecticut 06133-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a
;orporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford,
:�ounty of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make,
:onstitute and appoint Harold L. Shults, Jr., Pat Bridgwater, Carol A. Scharschmidt, Charity J. Kneifel or Cherryle Richey '
)f Austin, TX, its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
Acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
, the following instrument(s):
Dy his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in
he nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
And to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same
extent as if the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
his appointment is made under and by authority of the following Standing Resolutions of said Company, which Resolutions
are now in full force and effect:
VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any
roup Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any
assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attomeys-in-
=act, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate
)f authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,
-ontracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and
Any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and
Authority given him or her. `
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or
-onditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman,
-he President, an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice
Dresident or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident
✓ice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident
assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or
b) duly executed (under seal, if required) by one or more Attomeys-in-Fad pursuant to the power prescribed in his or their
certificate or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the
following Standing Resolution voted by the Board of Directors of TRAVELERS -CASUALTY AND SURETY
COMPANY OF AMERICA, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice
President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any
Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to
Any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for
ourposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any
such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the
:�ompany and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and
binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
(over)
I �GD�fl ��C01D
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA has caused this instrument
to be signed by its Senior Vice President, and its corporate seal to be hereto affixed this 2nd day of February, 1998.
�,,►o���rr� TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
STATE OF CONNECTICUT 3,
)SS. Hartford
HAWFOM
COUNTY OF HARTFORD CONK
By—
George W. Thompson
Senior Vice President
On this 2nd day of February, 1998, before me personally came GEORGE W. THOMPSON to me known, who, being by me
duly swom, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, the corporation described in and which executed the above instrument; that he/she knows the
seal of said corporation;that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said
instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof.
ewri� \ C�c��.. C
ft
My commission expires June 30, 2001 Notary Public
Marie C.Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a stock
corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and
Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the
Board of Directors, as set forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this
13th day of October . 19 99
r
CONK a By:
Rose Gonsoulin
Assistant Secretary
S-2435(7-95) �+ {
—___ " .—_ . .__—_.. vv�✓wain n- ..� r�� rHVC Vi
v
DEVELOPMENT BOND
GUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No. SS-10-99-2
KNOW ALL MEN BY THESE PRESENTS, that we, Lumbermen's Inveetment
Corporation , as Principal,and Travelers Casualty and Suzety Company of America
a corporation, organized and existing under the laws of the State of Connecticut
and fully authorized to transact business in the State of Texas, as surety,
are held and firmly bound unto CITY OF FORT WORTH,TEXAS,Water Department,
1000 Throckmorton Street, Fort Worth,Texas 76102, as Obligee, in the penal sum of
Eight Hundred Eighty One Thousand,Ei t Hundred Twenty Seven&0/100 Dollaxs
($881,827.00) in lawful money of the United States of America, for the payment of which
well and t:,uly to be made, we bind ourselves,our heirs,executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Lumbermen s Investment Corporation has agreed to construct in
Parks of Deer Creek-McPherson Boulevard
in the CIT'i'OF FORT WORTH,TEXAS the following improvements:
Proposed community facilities including streets,storm drains,water and sewer
WHEREAS, in the event of bankruptcy, default, or other nonperformance
by Principal,claims against Principal or the development,Obligee may be left
without adequate satisfaction.
NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS
SUCH, that if the said Principal shall construct, or have constructed,the
improvements herein described, and shall pay for the cost of all labor,
materials and equipment furnished in connection with the construction
GC�
Y TRAVELERS CASUALT1.-- tD SURETY COMI AJYY OF AMERICA
eartford.Coaoecticut 06133-9062
POWER OF ATi'ORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)4N-FACT
KNOW ALL MEN BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a
.orporation duly organized under the taws of the State of Connecticut, and having its principal office in the City of Hartford,
county of Hartford. State of Connecticut, hath made, constituted and appointed, and does by these presents make,
,onstitute and appoint Harold L. Shults, Jr., Pat Bridgwater, Carol A. Scharschmidt, Charity J.Kneifel or Cherryle Richey-
3r Austin. TX, its true and lawful Attomey(s)-in-Fad, with full power and authority hereby conferred to sign, execute and
acknowledge,at any place within the United States,or, if the following line be filled in,within the area there designated
the following instrument(s):
:)y histher sole signature and ac:t, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in
rie nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto
and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. thereby as fully and to the same
extent as it the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA. and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are
hereby ratified and confinned.
this appointment is made under and by authority of the following Standing Resolutions of said Company. which Resolutions
are now in full force and effect:
DOTED: That each of the following officers: Chaimnan, Vice Chairman, President, Any Executive Vice President, Any
3roup Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any
4ssistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries. Attomeys-in-
=act,and Agents to ad for and on behalf of the Company and may give any such appointee such authority as his certificate
Y authority may prescribe to sign with the Company's name and seal with the Company's seat bonds, recogntzances,
:ontrads of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and
any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and
authority given him or her. '
TOTED: That any bond, recognizance, contract of indemnity.or writing obligatory in the nature of a bond, recognizance, or
:onditional undertaking shall be valid and binding upon the Company when (a)signed by the Chairman,the Vice Chairman,
-he President,an Executive Vice President,a Group Executive,a Senior trice President, a Vice President, an Assistant Vice
president or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident
lice President,and duly attested and sealed with the Company's seat by a Secretary or Assistant Secretary or by a Resident
-\ssistard Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or
b) duly executed(under seat, if required) by one or more Attomeys-in-Fad pursuant to the power prescribed in his or their
>ertificate or certificates.of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsiMile under and by authority of the
Following Standing Resolution voted by the Board of directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA.which Resolution is now in full force and effect:
NOTED: That the signature of each of the following officers: Chairman, Vice Chairman. President, Any Executive Vice
Dresident, Any Group Executive, Any Senior Vice President, Any Vice President. Any Assistant Vice President, Any
Secretary,Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to
any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for
)urposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any
;uch power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the
�ompany and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and
)inding upon the Company in the future with respect to any bond or undertaking to which it is attached.
uj1�UJ'GaG`',r '�G''j►°D
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 com pleted,or that the costs for same have not been paid, the Surety shall
complete construction of said improvements, and will pay all costs for
construcb.on of said improvements, or will pay to the City of Fort Worth such
amount up to the amount of this bond which will allow the City of Fort Worth
to complete construction of said improvements and to pay for the costs of same.
PROVIDED FURTHER, that this bond shall automatically be increased by
the amount of any change order,supplemental agreement or amendment which
increase dke 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 lie exclusively in Tarrant
County, Texas. ,
AND PROVIDED FURTHER,that the said surety, for value received,
hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of any contract for the public affect its obligation on this
bond, and it does hereby waive notice of any such change,extension of time,
alteration ur addition to the terms of such contract.
n leo i!
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.
Sismed, sealed and dated this 13th day of October , 19 99 .
LUMBE_RMEN'S INVESTMENT CORPORATION
Principal
By.
TRAVELERS CASUALTY&SURETY CO OF AMERICA
Surety �/rr
By: 5IaAU'LI - 9 FL___'rzILi,�2Q�
Attorney-in-Fact
City of Fort Worth, Texas
"ayor And Council Communication
DATE REFERENCE NUMBER LOG NAME TGE
5/30/00 C-18051 20DC 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH LUMBERMEN'S INVESTMENT
CORPORATION FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR
CONSTRUCTION OF MCPHERSON BOULEVARD TO SERVE THE PARKS OF DEER
CREEK, PHASE I
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Lumbermen's Investment Corporation for the installation of community facilities for
construction of McPherson Boulevard to serve The Parks of Deer Creek Addition, Phase I.
DISCUSSION:
Lumbermen's Investment Corporation, the developer of The Parks at Deer Creek Phase I, has
executed a proposed contract for community facilities to serve a single-family (148 lots) development
located in southeast Fort Worth, south of Risinger Road and west of the 1-35-West Access Road (see
attached map). This development is located in COUNCIL DISTRICT 6.
The proposed Community Facilities Agreement is in compliance with standard City policy. The City will
share in the cost of constructing McPherson Boulevard, a major arterial street.
McPherson Boulevard is proposed to be constructed as a double 27-foot divided roadway on a 120-foot
right-of-way. McPherson Boulevard will have approximately a 300-foot concrete transition section.
Sidewalks will be constructed along McPherson Boulevard.
McPherson Boulevard, along residential zoning, is based on a double 27-foot wide divided roadway
with the developer responsible for 20 feet and the City responsible for 7 feet. The developer's share is
$283,457 plus $5,669 for construction inspection fees. The City's estimated participation for the left-
tum lane and for a 14-foot wide pavement is $83,290, plus engineering design and construction
inspection fees.
The developer's estimated cost for water and sewer is $750,977, plus $15,020 for construction
inspection fees. Water Department participation is $130,850 plus $2,617 for construction inspection
fees.
The developer's estimated cost for storm drain is $118,333, plus $2,367 for construction inspection
fees. The City's estimated cost for storm drains is $4,180, plus engineering design and construction
inspection fees:
Eight street lights will be installed on McPherson Boulevard at a cost to the developer of $22,000.
There will be one street sign required at the intersection of McPherson Boulevard and South Freeway
(1-35).
City of Fort Worth, Texas
"donor And Council consmunicaflon
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 C-18051 20DC 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH LUMBERMEN'S INVESTMENT
CORPORATION FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR
CONSTRUCTION OF MCPHERSON BOULEVARD TO SERVE THE PARKS OF DEER
CREEK, PHASEI
Total project cost for this development is $1,450,300. The developer's participation is $1,197,903, and
the total City participation is $252,397.
PLAN COMMISSION APPROVAL
On June 23, 2000, the Plan Commission approved preliminary plat (PP99033). 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 budgets, as appropriated, of
the Street Improvements Fund and the Commercial Paper-Water and Sewer Funds.
MGA
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
Hugo Malanga 7801 (from) MAY 30 2000
C115 541200 020115136301 $87,470.00 f�..
Additional Information Contact: C115 531200 020115136301 $ 5,248.00
C115 541200 020115095216 $26,212.00 City of Fq:t w,-.e•.
PS46 539140 070460135160 $42,757.00
Hugo Malanga 7801 PW77 539140 060770155440 $88,093.00