HomeMy WebLinkAbout2000-039ORDINANCE NO aOao- �gq
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
KAUFMAN AND BROAD OF DALLAS, INC FOR THE CITY'S PARTICIPATION IN THE
OVERSIZING OF SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City desires to participate in the cost of oversizing sewer mains to be
designed, installed, and constructed by Kaufman and Broad of Dallas, Inc in an amount not to
exceed Fifty Five Thousand Seven Hundred Eighty Dollars and no cents ($55,780 00), in
accordance with §34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas and
TEX LOC GOV'T CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SFC:TION 1 That the City Manager is authorized to execute a Sewer Main Cost
Participation Agreement Between the City of Denton and Kaufman and Broad of Dallas, Inc for
the oversizing of ten (10") inch off -site sewer main to fifteen (15") inch and to eighteen (18")
inch sewer mains, substantially in the form of the attached Agreement, which is incorporated
herewith and made a part of this ordinance for all purposes, subject to Kaufman and Broad of
Dallas, Inc entering into a Development Contract with the City of Denton, in accordance with
Chapter 34 of the Code of Ordinances of the City of Denton, Texas
SECTION 2, That the City Manager is hereby authorized to make the expenditures as
set forth in the attached Agreement
i
SECTION 3 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the S� day of 2000
JA 41L�LERMAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
S \Our Dacumeuts\0rdinances\99\Sewer Main Coat Parttctp Agrmt K&B of Dallas ord doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION AGREEMENT
BETWEEN
THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC
WHEREAS, Kaufman and Broad of Dallas, Inc hereafter referred to as "Developer",
whose business address is 2611 Westgrove, Suite 101, Carrollton, Texas 75006 wishes to
develop and improve certain real property named "HICKORY CREEK RANCH" (as shown
in Exhibit I, attached hereto and incorporated herein by reference), located in the City of
Denton, Texas or its extraterritorial jurisdiction, and is required to provide such real property
with adequate sewer service by designing, constructing, extending, and installing a sewer line
of an inside diameter of ten inches (10"), hereafter referred to as the "Required Facilities",
and
WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices
located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City, in
accordance with its ordinances, wishes to participate in the cost of the construction and
installation of said sewer main to provide for an "oversized" sewer main to expand its utility
system and to insure adequate utility service to other customers,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein the Developer and the City AGREE as follows
1 Developer shall design, install, and construct approximately 1,974 linear feet of
fifteen (15") inch and 1,774 linear feet of eighteen (18") inch sewer mains and all necessary
appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit
I, attached hereto and incorporated herein by reference
2 As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer will enter into a Development Contract prior to beginning of construction of the
Oversized Facilities This Development Contract is attached hereto as Exhibit II and
incorporated herein by reference This Agreement is subject to and governed by said
Development Contract and any other applicable ordinances of the City of Denton, Texas
3 Prior to beginning of construction of the Oversized Facilities, Developer shall
obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements
The easements, deeds, and plats therefor obtained by Developer shall be reviewed and
approved as to form and substance by City prior to the beginning of construction If
Developer is unable to acquire needed easements, Developer shall provide City with any
requested documentation of efforts to obtain such easements, including evidence of
negotiations and reasonable offers made to the affected property owners Any easements for
the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in
City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title
to such easements and will defend City against any adverse claim made against such title
4 City's share in the cost of the Oversized Facilities Based upon the difference in
the cost of installing Required Facilities, as determined by City, and the cost of the Oversized
Facilities, as determined by City, shall be in an amount not to exceed Fifty Five Thousand
Seven Hundred Eighty Dollars and no cents ($55,780 00) City may elect one of the
following methods to determine City's share of the cost
a) Developer shall prepare plans and specifications and f imish them to City City shall
competitively bid the required line and the Oversized Facilities in accordance with
Chapter 252 of the Texas Local Government Code The difference in the bids shall be
used to determine the City's share, subject to City's maximum participation in cost as
specified in this Agreement, or
b) Developer shall prepare plans and specifications and take bids on the required line and
the Oversized Facilities City shall pay Developer the least amount of the following
(1) The difference in the bids for the required line and the Oversized Facilities, or
(2) Thirty percent (30%) of the bid on the Oversized Facilities as provided for in
§212 072 of the Texas Local Government Code or
(3) $55,780 00, the maximum participation cost allowed herein
The City shall not, in any case, be liable for any additional cost because of delays in
beginning, continuing, or completing construction, changes in the price or cost of materials,
supplies, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface,
or other site conditions, differences in the calculated and actual per linear feet of pipe or
materials needed for the Oversized Facilities, Developers decision as to the contractors or
subcontractors used to perform the work, or any other reason or cause, specified or
unspecified, relating to the construction of the Oversized Facilities
5 The City will make monthly payments for its share of the Oversized Facilities
The Developer shall submit monthly pay requests on forms provided by the City The
Developer's engineer shall verify that each pay request is correct Each pay request, along
with the engineer's verification, shall be submitted to the Engineering & Transportation
Department of the City The City will retain 10% of the total dollar amount until the project
is accepted Payment by the City to the Developer will be made within thirty (30) days of
receipt of the pay estimate and the engineer's venfication
6 To determine the actual cost of the Oversized Facilities, City shall have the right
to inspect any and all records of Developer, his agents, employees, contractors or
subcontractors, and shall have the right to require Developer to submit any necessary
information, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facilities
7 All notices, payments or communications to be given or made pursuant to this
Agreement by the parties hereto, shall be sent to Developer at the business address given
above and to the Assistant City Manager for Utilities for City at the address given above
8 Developer shall indemnify and hold City harmless from any and all claims,
damages, loss or liability of any kind whatsoever, by reason of injury to property or person
occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents,
employees, invitees, contractors or other persons with regard to the performance of this
Agreement, and Developer shall, at its own cost and expense, defend and protect City against
any and all such claims and demands
9 If Developer does not begin substantial construction of the Oversized Facilities
within twelve (12) months of the effective date of execution of this Agreement, this
Agreement shall terminate
10 This instrument embodies the entire agreement of the parties hereto and there
are no promises, terms, conditions or obligations other than those contained or incorporated
herein This Agreement shall supersede all previous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement
11 This Agreement shall not be assigned by Developer without the express written
consent of the City
12 Any and all suits for any breach of this Agreement, or any other suit pertaining
to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in
Denton County, Texas This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas
EXECUTED in duplicate original counterparts by the duly-autl ortzed officials and officers
of the City and the Developer, on this the day of
2000
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
SwIfff llf"If/ff
MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By �WA MA'
"DEVELOPER"
KAUFMAN AND BROAD OF DALLAS, INC
ATTEST
By
S \Our Documents\Contracts\99\Sewer Main Cost Partictp Agrmt K&B of Dallas doc
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EXHIBIT I
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PROJECT NO..1=
CONTRACT NO. �01
THE STATE OF TEXAS §
COUNTY OF DENTON §
Whereas,
hereafter referred to as "Owner," whose business address is 2611 WESTGROVE SUITE 101
GARROTLTnM. my >=,,..-
is the owner of real property located in the corporate limits of the City of Denton, or Its
"Iraterntorial jtutsdictton; and
Whereas, Owner wishes to develop the property and such development must be performed
in accordance with the applicable ordinances of the City of Denton, hereafter referred to as
"City", and
Whereas, as a condition to the beginning of construcnon of said development, a
development contract in accordance with Section 2I2.071 of the Local Government Code is
required to ensure tbat all streets, water and sewer lines, drainage facilities and other
improvements which ate to be dedicated to the public, hemai}er referred to as "lniprovemems,"
are constructed in accordance with the City's specifications, standards and ordinances; and
[select applicable provision as follows]
PAGE 1
EXHIBIT 11
torm�ae�o,a
—XX 1 Whereas, the Owner elects to construct the Improvements without contracting with
another party as prime contractor, in which case the provisions of this contract which refer to
"Owner" or "Contractor" shall mesa the Owner as named above, or
Whereas, the Owner elects to make such Improvements hereafter set forth by
contracting with
whose business adoress is
hereafter referred to as "Contractor", and
Whereas, Owner and Contractor rec0Pi7P that the City has an interest in ensuring that the
Improvements subject to this agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in accordance with the City's
specifications and that payment is made therefor,
WMJFSSETH
As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached
hereto and incorporated by reference, to be installed and constructed at HICKORY CREEK
the Owner, Contractor and City, in conside stion of their mutual
Promises and covenants
contained herein, agree as follows:
1. COMMIntsofContractor. Contractor agrees as follows -
(a) Specifications, To construct and install the Improvements in accordance with
PAGE 2
the procedures, specifications and standards contained in Division II and III of the Qv's
Ord Soecifrcat+�ns for Public Works ['.+ c«, �.: North Cen 1 Texas as amended, and
all adde4dums thereto, and all other regulations, ordinances or specifications applicable to such
Improvements, such specifications, standards, regulations and ordinances being expressly
incorporated herein by reference and being made a part of the agreement as though written
herein.
,1U;
Contraeterx Wa �+•� That all work on the Impmvemeatts shall be performed in a good and
workmanlike manner and to the sausfacuon of the City Engineer or his representative. The City
Engineer shall decide all questions, which arise as to the quality and acceptability of materials
famished, work performed, and the interpretation of specifications Guarantee for a period of
one year Front the date of final acceptance all work as called for in the specification and contract
documents to be free from defects in materials and workmanship Owner, contractor and their
surety .ir the case may be shall remedy any such defects in matericis and workmanship and pay
for any damage to the work or to other work guarantee for a period of one year from the date of
foal acceptance all work as called for in the specification and contract documents to be free from
defects in materials and/or facilities which shall appear within one year from the date of final
completion and acceptance by the City.
The Contractor shall famish the City Engineer or his representative with every
reasonable facility for ascertaining whether or not the work performed was in accordance with
the specifications applicable thereto. Any work done or materials used without surtable
PAGE 3
inspection by the City may be ordered removed and replaced at Contractor's expense. The
Owner, the Contractor and their surety on the performance bond shall and do hereby warrant and
guarantee for a period of one year from the date of final acceptance all work as called for in the
specification and contract documents to be free from defects in materials and workmanship.
Owner, contractor and their surety as the case may be shall remedy any such defects in materials
and workmanship and pay for any damage to the work or to other work or facilities which shall
appear within one year from the date of final acceptance by the City.
The City Engineer or his designee shall pmforin periodic Inspections of the work
and shall perform a final inspection prior to the work being turned over to the City and an
inspection 30 days prior to the expitztion of one year from the date of final completion and
acceptaae of the work by the City Upon failure of the Contractor to allow for inspection, to test
materials famished, to sausfactorily repair, remove or replace, if so directed, rejected, unauthor.
ized or condemned work or materials, or to follow any other request or order of the City
Engineer or his representative, the City Engineer shall noti_y the Owner of such failure and may
suspend inspections of such work until such failure is remedied If such failure is not remedied
to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to
approve or accept the Impmvemems,
(e) III. To provide for insurance in accordance with the insurance
requiretaents applicable to contractors as provided for in Item 1.26 of Division I of the
Snecif_ ica�for Public Works f onsi*+=dor• North n l T—mas, as amended, the
Provisions
of which am expressly incorporated herein by reference, provided, however, for purpose of this
PAGE 4
Provision only, "Owner," as used therein, shall mean the City of Denton.
construction shall be such as Contractor may choose, subject, however, to the City$s right to
reject any Improvements for which the means or method of construction does not, in the
judgmem of the City Engineer, assure that the Improvements were constructed in accordance
with City specifications.
(a) monks and Rece k All of the Owner's and the Contractor's books and other
records related to the project shall be available for inspection by the municipality.
I Mutual Covenants of Owner and r ntra , Owner and Contractor mutually
agree as
follows.
(a) Performance Bon That if building
Permits are to be issued for the
development prior to completion and acceptance of all improvements that are to be dedicated to
the public, the following secinity requirements shill apply:
n The Owner or Developer saaff provide a performance bond in an amount
not less than the amount necessary to complete the Improvements, as
determined by the City Engineer, shall be submitted guarantecin the fiW
and faithful completion of the Im g
provements meeting the specifications of
the City, shall be is favor of the City, and shall be executed by a suety
�PIMY amhorind to do business in the State of Texas is accordance
with �p 2253 of the Texas Gov 'a
Coda The Owner and his
Cotmactor shall assign arty and all tights in the bond to the City at the
time the improvements we Mmsferied to and accepted by the City.
%) if the cost of comPletiag the improvements at the time building Permits
am issued is an amotmt of S15,000 or less, as determined by the City
Engineer, cash money in the amount necessary to complete the
itnpniveti zas, as determined by the City Engineer, may be deposited with
a bank or escrow am puasuaist to an escrow agrmmem ensuring
PAGES
E0
completion of the improvements without exception, the City., escrow
agreement fora shall be used and the escrow, agreement shall remain in
of ect for oae year fiom the date of final completion and acceptance of the
work by the City.
(b) R2MiMV Fnai Pevmeats. Mis provision (c) applies only where the Owner
and Contractor are not the same party.; That as security for the faitim completion of the
Improvements, Contractor and Owner agrees that the Owner shall retain ten percent of the total
dollar amount of the contract price until after final approval or acceptance of the improvements
by the City. The Owner shall thereafter pay the Contactor the retasnage, only after Contractor
has furmshed to the Owner sausfactory evidence including bwners affidavit that all indebtedness
has been paid, that all indebtedness connected with the work and all sums of money due for
labor, matenals, apparatus, fixtures or machinery fummhed for and used in the perfomriaticI of
the work have been paid or otherwise satisfied.
(c) Encumb n M That upon completion and approval or acceptance of the
Improvements of the City, the Improvements shall become the properly of the City free and clear
of all liens, claims, charges or encumbrances of any kind. If after acceptance of the
Improvements, 'my claim, HM charge or encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor
shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be
sausfied and released or promptly post a bond with the City in the amount of such claim, lien
charge or encumbrance, in favor of the City, to ensure payment of such claim, Iien, charge or
encumbrance.
_ PAGE 6
a^omdd.d
(d) Indemnification The Owner shall and hereby does indemnify, defend and save
harmless, the CIty, its o$icets, agemts and employees from all suits, actions or claims of any
character. name and description brought for or on account of any injuries or damages received as
sustained by any person, persons or property on account of the operations of the Contractor, his
agents, employees or subcontractors, or on account of any negligent act of fault of the
Contractor, his agents, employees or subcontractors in construction of the improvements, and
shall pay any judgment, with costs, which may be obtained against the City growing out of such
injury or damage.
(e) Agreement ContmilinstThat the provision of this agreement shall control over
any conflicting provision of any contract between the Owner and Contractor as to the
construction of the Improvements.
3. Covenants of City That, upon proper completion of the Improvements in accordance
With this agreement. the City aM*s to accept the Improvements.
4. Venue and Governuyf. Law, The pies harem agree that this contract shall be
enforceable in i Denton County, Texas, and if Iegal action is necessary in connection therewith,
exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract
Shall be construed in accordance with the laws and court decisions of the State of Texas.
S. Successor and Assi=L This contract shall be binding upon and !nitre to the benefit of
the parties haremm, their respective successors and assigns.
PAGE7
FnBu *wmn*q n==w=
Executed is tnplicate this, day ofLj n��� 19
APPROVED AS TO LECAL FORM:
HERBERT L. PROUTY, C'TY ATTORNEY
BY -
CONTRACTOR
BY.
CITY OF DENTON_ Tr A S
M
PAGE 8
Exhibit 1
Hickory Creek Ranch Phase 1
Bond Estimate
Summary
Paving $ 429,508 00
Onsite $ 331,832 00
Offsite 97,676 00
Excavation - Roadway 126,930 00
Water System 137,306 80
Sanitary Sewer 228,633 00
Onsite 116,453 00
Offsite 112,180 00
Drainage System 346,990 00
TOTAL BONDED AMOUNT $1,269,367 80
See Attached Schedules for Detailed Cost Estimates
i
97237401 / 11
••• T HIS ESTIMATE HAS BEEN COMPLETED ON LIMITED INFORMATION AND SHOULD ....
... BE USED ORLY FOR PROJECT EVALUATI ON PRIOR TO MAKING FINANCIAL ...
••• COMMITMENTS BASED ON THIS ESTIMATE, THESE NUMBERS SHOULD BE ...
.•• VERIFIED BY CARTER A B V R G E S S,_ I N C
P R E L I M I N A R Y C O N S T R U C T I O N C 0 S T S
P R O J E C T N A M 3 HTCEDEY CREEK RANCH
ACREAGE
27 10
NO LOTS
BY
86
TAR
P HAS E� 1
C R E A T E❑
is-Aug-9R
DENWIT
R E V I S E D,
CHECKED,
REM
F I L B N A M E HCR1
P R I N T E Di
18-Aug-98
........................
REVIB®,
..................................... .......................A
P P R O X I.. ATE ...........
I
T O T A L.
U N I T
Q U A N T I T Y
P R I C E
A M O U N T
D E S C R I P T I O N
......................................................................................................................................
D S T R E 8 T A N D A L L E Y P A V I N G
��� ... ............
��� ................
....................n.........................w..............................................
Q170,600 00
6• REINFORCED CONCRETE STREET PVMT BY
8,530
_________ ____ _
820 00
_______________
__________
_________ ___
__ __
___________________
By
5,345
$21 50________
$114, 917 50
7" REINFORCED CONCRETE SIR= PVMT
__ _____ ____ _ ______
_____ _
__ ____
_
______
6- LIMB SURGRADE INC. LIME (32 LB/SY)
______
14 686
______
___ ________
$2 75
______ ___ ________
___
__-- 40 386 50
_ _ __ __ ___ _
41
QS 00
$328 00
PAvamsuT HEADER
_____________ __
____________________
_______
6
Q600 00
$3 600 0
BARRIER FREE RAMPS
__
_ ___________ ___________
____
_______ _______
_
__________________________ ______
1
01,000 00
$1,000 00
STREET BARRICADE rx
___________________
_______________
_________ _____
________ ___
___________________
______
I
$s00 00
$500 00
STRIPING 4° STRIPE LS
-------------------
----------------------
--
1
$500 00
0500
TRAFFIC BUITON9 Is
_
_______ _____ _ ____________________ -------------------------
______-________0____
%
0:
0
INSPECTION FEE
........
.......SO
................w...
... -- ....
.......................................................................
........�.
$331,832 00
SUB- TOVAL STREET PAVING
E E X C A V A T I O N
a ........................................................
..
... ............................
...............................
27
SI 000 0o
$27 100 00
CLEARING AND l-----COG ACRE
________
__ ______
______
____
_____ ______
______ _____ -
28 S0o
60___________________
$46 OBO 00
STREET AND RIGHT OF -HAY MMVAT20N
_______ __
______ _ __________
--- --
_______
_______ ____
86
$200 00
ROU3H 10T O-4DING LOT
____ __ __________
____ _____________
____________________
________
86
$75 00
0
FINAL LOT GRADING
-------- --- --
_____________ __________ ____________ _
-3-- 00
100 00
BROSIOII CONTROL
________ __________ ___
_ __
_ -- ---
PERCENT
0
•
0-
INSPECTION FEE
..................................
....................n......................................................
.... .................s
$126 930 00
S U B - T 0 T A L E X C A V A T I O N
CARTER & BURGESS INC
4
\JOB\SLD\97237401\EDA7A
2
-/98 TUE 16 38
FAX 214 638 0447 C & B
DALLAS
1@ 015
/THIS
972374010 / 11
ESTIMATE H A S BEEN COMPLETED ON
LIMITED INFORMATION AND SHOULD
•••
+•• BB U S E D 0 N L Y
P 0 R P RO JE CT E V A L U A T I ON
PR I OR TO M A K I N G P I N A N C I AL
...
•+• C 0 M M I T M 2 N TS
BASED ON THI S E S T I MATE,
THE SE NUMBERS SHOULD BE
+•+
••• V E R I F I E D B Y
C A R T E R & B U R G E S 81 I H C
•"
PRELIMINARY C O N S T R U C T I O N C O S T S
P R O J E C T N A M E1 HICEORY CREEK RANCE A C R E A G E
0 00
NO LOTS
0
P H A S E 1 (FM 2181) CREATED
18-Aug-98
BY
TAB
C I T Y. DENTON R E V I S E D
CHECKED
Sam
P I L E N A M E FM2181 P R I N T E D
38-Aug-98
REVISED.
.... ........ ....... .............. ........ ............ ......... ...........................
o..... .,....... ..
.............
...... ........
A P P R O X I M A T E
U N I T
T O T A L
D E S C R I P T I O N U N I T Q U A N T I T Y
P R I C E
A M O U N T
D B T R E E T A N D A L L E Y P A V I N G
2• ASPHALT PAVEMENT TYPE D
BY
3,128
----------------------------
$S 00
_________________________________
$IS 640 00
_____________________________________________________
6• ABRALT PAVEMMU TYPE B
__________________
BY
3,12B
___________________________________
$11 75
_______ ____________
$36,754 BD
_____________________________________________________________________________
6+ LIME SUBORADE INCL LIMB (32 LB/SY)
SY
3 128
______________________________________________
$2 75
$8 602 00
_______________________________________________________________________________________
TRAFFIC CONTROL SIC=
EA
4
_________________________________
$ISO 00
____________________
$600 00
_____________________________________________________________
9AWCOT ASPHALT & REMOVE
__________________
IF
2,500
_____________________________________
$10 00
$25,000 00
_________
______________________________________________________________________________________
STRIPING - 4" STRIPE
LF
800
________________________________________
$1 10
____________
$080 00
____________________________________________________
TRAFFIC BUTTONS
__________________________
EA
90D
$8 00
$7,200 00
__________
______________________ __________________________________________________________________________________________________
TRAFFIC HRNDLING
LS
1
----- ---.-____________________-__-_________-
$3,000 00
-------------------
$3,000 00
-----------------------------------------�-r
INSPECTION PER
-______-___--_
0 0e
$0 00
$0 00
........ .............. e......... ......... ....o.......... ..... .................... ...o........... ...............
............. +e....
$97 676 00
8 US TOTAL 6 T RBB T PA V I NO
S U M M A R Y
D STRAND ALLEY PAVEMENT
EET
897, 676 00
___
______________________________ - c n R
.T-__-_______________________________________________________________
OTAL
$97,676 00
a _R_R G A N D C O N T I N— 6
91TC""Eas
201,
$19 535 20
T O T A L C O N S T R U C T I O N C 0 8 T
NOTES
This estimate is Eased on unit prices updated in October 1997
Unit prices do not reflect rook excavetion
This estaeate was prepared without the benefit of 9eotecra-Aml data --additional coats not reflected could include
water injection act
This estimate does not include geotechnical testing Or reports
Off -site easement required
off -site easement and Right -of -Nay acquisition is the reeponeibility of the Developer
This estimate was prepared without the benefit of City meetings
Landscaping not included in this estimate
The fees listed were provided by
Than estimate does not include wmiramental reports or wetlands determinations
Add An additional 20% to concrete pavement prime if reedy mix cm,rete will be used ( < 7Do0 BY )
Estimate "Buses miniman 100 lot construction phasing
List AaemmQtiOne l l I
CARTER & BURGESS, INC
I
\JOB\SLD\9723740I0\SDATA
3
Hickory Creek Ranch
Phase 1 Utilities
Detailed Costs for Utilities from Competitive Bids dated 9122f98
Item
Unit
Oty
Unit Price
Extension
Section A Water Distribution
S" Watennain
If
2 376
1300
30 888 00
12" Wetarmaln
If
2 800
16 OD
44 800 OD
8" Gate Valve & Box
Be
1
36000
35000
8' Gate Valve & Box
es
7
50000
3 600 00
12' Gate Valve & Box
as
6
90000
5 400 00
8 x8" TS&V
as
1
2 000 00
2 000 00
Connect to Existing Waterline
as
1
50000
50000
Sid Fire Hydrant Ass m
as
7
1 700 00
11 900 00
3l4' Sid Service Connections
as
Be
34000
29 240 00
2" Air Release Valve
as
1
2 000 00
2 000 00
Trench Safety
If
5170
100
B 176 00
Waterline Testing, Complete
If
6,176
030
1,56280
Total - Section A
137 306 80
Section S Sanitary Sewer System
8" PVC Son Sewer
if
2,893
1300
37 BOB 00
15" PVC San Sewer
If
1,283
2000
25 280 00
Sid 4 die San Sewer Manhole
ea
12
1,70000
20,40000
Sid Cleenout
as
1
55000
55000
2000 PSI conc Encaseml
if
20
3000
60000
San Sewer Testing
If
4,156
1 DO
416600
4 Svc Connections
as
Be
30000
25,800 00
Trench Safety
If
4166
050
2 078 00
Total - Section B
110 463 00
Section 84-Offsite Sanitary Sewer
15" PVC Son Sewer
If
1,690
2800
44 62D DO
18" PVC San Sewer
if
1,086
3100
33 636 00
Sid 4' dia San Manhole
ea
6
1 700 00
8 500 00
Sid 6' dia San Manhole
es
6
2 500 00
16,000 DO
Connect to Exist San Sewer
as
1
2 500 00
2,500 00
Sanitary Sewer Testing
8
2 675
1 DO
2 675 00
Trench Safety
If
2,676
200
5 350 00
Total - Section B 1
112180 00
Section C Storm Sewer System
18" RCP
If
788
2600
20 436 00
21" RCP
If
44
2800
1 232 00
24"RCP
If
$36
3100
2591600
27" RCP
If
236
35 DO
8 260 00
36"RCP
If
83
5100
4.23300
n4' Box
If
150
17600
26 250 00
8'xb' Box
If
604
18500
93,240 00
7 x6' Box
If
212
37000
78,440 Do
8' Sid Curb Inlet
ea
9
1 70000
16 300 00
12' Sid Curb Inlet
as
2
2 SOD OO
5 000 00
Triple 18" sloped headwall
OR
2
2 000 00
4 000 00
36 Type 8 Headwall
ea
1
1 20D 00
1 200 00
2 x 7'x5 Type 8 Headwall
as
2
4 000 00
8 000 00
8'x4' Type B Headwall
as
1
3 000 00
3 000 00
7k4 Type B Headwall
as
1
2 SOD 00
2 500 00
Grouted rock dp•rap
By
395
6500
25,67600
Grade to Drain
cy
300
Boo
1 600 00
Trench Safety
If
2 861
800
22 808 00
Total Section C 346 990 00
TOTAL UTILITY COST 712,920 80
0
AAA 046"M
TEE STATE OF TrdAS 5
Cc== OF DL..R rolq 3
EACUTED IN THREE COUNTERPARTS
PERFORMANCE BOND
PROJECT No.
CONTRACT IM
Bond No 111 2739 2501
Premium $11,424.00
pgOW ALL MEN 9y Tz=-Mc. PRES_,"r5
That Kaufman and Broad of Dallas, Inc
Of County, Texas, hereinafter called Principal and
Fireman's Fund Insurance Company
a Corporation organized under the laws -of the state of Calitornia
and authorized to do business in the state of Texas, hi erenafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
Nine Thousand
called "City" In the penal sum of One Million Two Hundred Sixty -
Three Hundred Sixty -Seven and 80/100------------------- (S 1,269,367.80 1
Dollars, lawful money of ftbhee z;t e d statwe es,
sum well and truly
ind
executors, administrators, and successors,
and firmly by these presents:
or the payment of whic�
ourselves, our heir3,
jointly and severally,
THE Condition Of this Obligation is such that:
W1Mp,A5, the Principal entered into a certain contract with
Owner, dated 25th the day of September 1998 in the
proper pergormance of which the City as Denton, Tccas, has an
interest, e,copy of which iH hereto attached and made a part hereof,
for the construction of:
Hickory Creek Ranch Phase 1
NOW, TFEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed and fulfilled all of tse
faithfuliag�, u-seCOvtots, te_-ms, condition, and agreements of said
Contract in accordance with the Plana, thereof, an ns, and Coensi.ct
Documents during the asiginal te--m thereof, and any ereasioa
thereof which many be granted, with or without notice to the su_-tty,
PA ,L d ONZ
and during the life of any gun ---arty rmouired under the Contact,
which as incorporated, as if written word for word herein, and shall
also well and truly cause to be performed and fulfilled all the
eovtaaats, te_-ms and conditions sad agreements of any and all
authorized modifications of said Coat_ -act that may hereafte_- be made
including, without limitation, to remedy and pay for any defects .'.a
material and workmanship or damage to other work ar facilities wh-c.',.
shall appear within one year from the date of final completion,
notice of which modifications to the surety being hereby waived,
then this obligation shall be void; otherwise to remain in full
force and effect.
PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie zn Denton County.
AND, that said Surety, for value
and agrees that no change, extension of
to the terms of the contract,
or the Plana, specifications,
shall in any wise aftect its
hereby waive notice of any
alteration or addition to the
to be performed thereunder.
e
received, hereby stipulates
time, alteration or addat-on
work performed thereunder,
Drawings, etc., accompanying the same
obligation on this bond, and it does
such change, extension of t-me,
terms of the Contract, or to the work
or to th
IN WITNESS WHEREOF, this snntrument is executed in trsnlicate,
each one of which shall be deemed an ormginal, this the 25th day of
September , 19 98
PRINCIPAL
Kaufman and Broad of Dallas, Inc
rireman's Fund Insurance Comoanv
BY-
ATTO-IN-FACT,Tracy ston
NOTE. POWER OF ATTORNEY OF S 7_E-= HEIST BE ATTACH DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POWER OF
ATTORNEY CERTIFICATION MUST NOT BE PRIOR To DATE OF CONTRACTOR
BOND.
PAGE TWO
State of California
County of Los Angeles
On September 25, 1998 before me, Maria Escobar, Notary Public,
personally appeared Tracy Aston personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
' MAA ESCOBAR
Q s ti co H 1047861 =
n NOTARY PUBLIC CALIFORNIA A
= LOS ANOELEB COUNTY N
My Comm ExP'tO$ Jan 16, 1699 "
Maria Escobar
GENERAL
POWER OF
ATTORNEY FIREMA N'S FUND INSURANCE COMPANY
%NOW ALL MEN BY THESE PRESENTS That FIREMAN S FUND INSURANCE COMPANY, a Corporation duly organized and eatsting under the laws of
the State of Uhforrua and having its principal office in the County of Mann State of Cahfonua has made constituted and appointed and does by these
presents make constitute and appoint --- T RA C Y AS T O N ---
LOS ANGELES CA
its true and lawful Astorney(s)-In Faa, with full power and authority hereby conferred in its name place and stead to execute seal acknowledge and deliver any
and all bands undertaking, recogmzances or other written obligations in the nature thereof - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
and to bind the Corporation thereby As fully and to the same extent As If such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-m Fact may do in the premises
This power of attorney is granted pursuant to Article VII Sections 45 and 46 of By laws of FIREMAN S FUND INSURANCE COMPANY now in full force and
Affect
"Article VD Appointment and Authority of Resident Secretaries, Attarney-fa Fact and Agents to accept Legal Process and Mahe ApPearances
Section 45 Appointment The Chairman of the Board s( Directors the President, say Viet -President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or soy Vice -President may, from time to time, appoint Resident Assistant Secretaries and
Altomeys-la Fact to repraeat sad act for and on behalf of the Corporation and Agents to Accept legal process and make appeanncea for and on behalf of the
Corporation
Section 46 Authority The authority of such Resident Assistant Secretaries Ationeys-its Fact and Agents shell be as prescribed In the instrument evidencing
their appointment Any such appointment and all authority %noted thereby maybe revoked at soy time by the Board of Directors or by any person empowered to
make such appointment
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND
INSURANCE COMPANY at a meeting duly called and held on the 7th day of August, 1984 and said Resolution has not been amended or repealed
"RESOLVED that the signature of any Vice President Assistant Secretary, and Resident Assistant Seaetary of this Corporation and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney or on any certificate relating thereto by facsimile
and any power of attorney any revocation of any power of attorney, or certificate beanng such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation
IN WITNESS WHEREOF FIREMAN S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate
seal to be hereunto affixed this (s r h day of A n n n e r 19 96
FIREMAN S FUND INSURANCE COMPANY
via-Aw,aai
STATE OF CALIFORNIA 1 y
COUNTY OF MARIN J(
On ttus 6 t h day of Augus 19 9 h before me personally came M A Mallonee
to me known who being by me duly sworn, did depose and say that he is Vice President of FIREMAN S FUND INSURANCE COMPANY, the Corporation
described in and winch executed the above instrument that he knows the seal of sand Corporation that the seal affixed to the said instrument is such corporate
seal that it was so affixed by order of the Board of Directors of said Corporation and that he signed tus came thereto by like order
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day And Year herein first above written
r —, A KRIEGER D
0 .m COMM 01045112
d " NOTARY rUALIC CALIFORNIA Q Naar PNe4<
n AaIN CObNTY
4 Mr Ca n Evum Oar 20 lire%
b--ci-pv-c-v-p^o'Pv vv'+ CERTIFICATE
STATE OF CALIFORNIA ss
COUNTY OF MARIN
I the undersigned Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY a CALIFORNIA Corporation DO HEREBY CERTIFY
that the foregoing and attaAhed POWER OF ATTORNEY remans In full force and has not been revoked and furthermore that Article VII, Sections 45 and 46 of
the By laws of the Corporation and the Resolution of the Baud of Dtreaors, set forth in the Power of Attorney, tie now in force
September iy 98
Signed and sealed at the County of Mann Dated the 25th day of
-
RaNmi Amrwai $oetwy
• r ni"
060711 FF 3.95
E%ECUTED IN THREE COUNTCRMATS f
pAyld= BOND �pcj
Bond No 111 2739 2501
Premium Included
ST TF or TZMLS S
COIINTY of DE=21 4
MTOW ALL BMT BY T='r.'. SF PRMSENTS: That
Kaufman and Broad of
Dallas, Inc of the City of Carollcon
i , and the 3tata of Texas
County of
as principal, and
Fireman's Fund Insurance Companv
authorizsd under the lava of the states of Taws to ac�- as surety cn
bonds for principals, are hold and ti.^'i-Y
bound unta Cicy of
Denson , OWyMt, in the penal sun of
pne Mi71ii n Tw Hundre RG{� Nine Thousand Three nol1LT.-3 (g 1.269.367 80 )
_Hundred S�A= even an� H�3���D---------------------
for the payment whereof, =a said Principal and Suety b_:id
the:melvas and their heirs, administrators, executors, succasso=o
and a=signs, jointly and severally, by theca prescnts:
WREnEAS, thm principal ha-3 antared into a ce.--`.a= smitten
ccnt:ac' with the owner, dated the 25th day of September
19 98
Hickory Creek Ranch Phase 1
to which eantraet is hereby re=e-r ed to and made a part hereof as
fully and to the same extant as if enniad at length herein -
NOW, TcrEpzFORE, TBF CONDITION OF TEIS OW ZC:ATZON IS SIIC31
that if the said principal shall pay all clazzian.s zuPPlYi-mg labor
and matarial to h= ar A sv.bcoat:mctOr in the prosecution of the
work provided for in said contract, than this abligation shall be
void, otbL .-w:_sa to re=ain in full teeca and effect;
FROPIDED, BOWrm. that "S' bond 49 exec ted pursuant to
the provisions of the Tc'"3 aavc--=ant Cade, Ct aptar 2253 (De=cn,
as currently amanded)0 and ala liabilities an tb, bond shall ba
dctm-nined in aceordanca with said p=-ovisiazs to the same extent as
if they vara copied at lenT'h herein_
FB - 3
Surety, for value received, stipulates and agrnen that no
change, extension of time, alteration or addition to the te.-as Cr
the contract, or to the work performed thereunder, or the plaMs ,
speei:ieatz.ons, or drawings Ac=OMpanying the same, shall in any way
affect its obligation an this hand, and it does hereby waive notice
of any ouch rhangn, extension of time, alteration or addition to
t»he terms of the contract, or to the work to be pe.-fo=ed
thereunder.
IN FITNESS WEMUEOF, the said Principal and Surety have
signed and scaled this inst.-7aaent thi325th day of September
19 98
Kaufman and Broad of Dallas, Inc
Pra.acip
By
Title ,tea
Address- 2611 Westgrove Dr , Suite 101
Carollton, TX 75006
(SEAT.)
Fireman's Fund Tnqtirnnrp rmmnnnv
Surety
Attorney -in -Fact, Tracy Aston
Address: 17542 E 17th Street
Tustin, CA 92680
(SEAL)
The name and address of the Resident Agent of Surety is:
Lupe Tamayo
2000 Beringg Dr Suite 900
Houston, T C 7700-3790
AAACIB40
Raw. 07/28/94
PB - 4
State of California
County of Los Angeles
On September 25. 1998 before me, Maria Escobar, Notary Public,
personally appeared Tracy Aston personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
MARIA ESCOBAR I fit=
COMM #1047861
A t m s NOTARY PUBLIC CALIFORNIA N Maria Escobar
I My Comm Expires JsOuN6 t999
GENERAL
POWER OF
ATTORNE: FIREMA N'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing under the laws of
the State of Califonua and having its principal office in the County of Mann State of Cahfonua has made, constituted and appointed and does by these
presents make, constitute and appoint
--- TRACY ASTOR ---
LOS ANGELES CA
its true and lawful Attomey(s)-In Fact, with full power and authority hereby conferred in its name place and stead to execute seal acknowledge and deliver any
and all bonds undertaking,recogmuncesorother written obligations inthe nature thereof --------------------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) in Fact may do in the premises
This powerof attorney is granted pursuant to Article VII Sections 45 and 46 of By laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and
effect
"Artkcie VD Appointmenf and Authodty of Resident Secretaries, Allomey4a Feet and Agents to accept Legal Process and Mate Appearances
Section 45 Appointment The Chairman of the Board of Directors, the President, any Vice -President or any other person aulhorized by the Board of
Directors, the Chairman of the Board of Dbeeters, the President or any Vice -President may, from time to time, appoio( Resident Assistant Secretaries and
Attomeys4a Fact to represent and act for mod on behalf of the Corporation and Agents to accept legal process and make appearance for and on behalf of the
Corporation
Section 46 Authodly The authority of assets Resident Assistant Secretaries, Attorneys -la -Fact and Agents shall be ae prescribed In the instrument evidene ng
their appointment Any such appointment and W authority granted thereby maybe revoked at anytime by the Board of Directors or by any person empowered to
make such appointment"
Thus power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN S FUND
INSURANCE COMPANY at a meeting duly called and held on the 7th day of August, 1984 and said Resolution has not been amended or repealed
"RESOLVED that the signature of any Vice President, Assistant Secretary and Resident Assistant Secretary of this Corporation and the seal of this
Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile
and any power of attorney any revocation of any power of attorney, or certificate bearing such faaunsle signature or facsimile seal shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF FIREMAN S FUND INSURANCE COMPANY has enured these presents to be signed by its Via President and its corporate
seal to be hereunto affixed this A r h day of A it a n c r _ 19 96_
� FIREMAN S FUND INSURANCE COMPANY
r , o
'Yrl CeY,!
By Q _
vice-Preuaml
STATE OF CALIFORNIA
ss
COUNTY OF MARIN
On this 6 t h day of A u g u s t 19 9 h before me personally came M A Mallonee
to me known who being by me duly sworn, did depose and say that he is Vice President of FIREMAN'S FUND INSURANCE COMPANY the Corporation
described In and which executed the above instrument, that he knows the seal of said Corporation that the sent affixed to the said instrument is such corporate
seal that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sell, the day and Year herein first above written
r --� A KRIEGER D
n0 �m COMM S104SI12 ,
ly NOTARY PUBLIC CALIFORNIA D Notary Public
CCI,NTY
Mr CmTn Emrec Mar 20 1999 1
CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF MARIN in
I the undersigned Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY a CALIFORNIA Corporation DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and his not been revoked and furthermore that Article VII Sections 45 and 46 of
the By laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now inform
Signed and sealed at the Counryof Mann Datedthe 25th dayof September 19 98
• ! I C��A aCIMIOI AmYel SeCYYIY
360711 FF 3.95