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HomeMy WebLinkAboutContract 34500 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.mo WHEREAS, The Ranches East L.P., hereinafter called "Developer", desires to make certain improvements to The ranches East Addition Phase IA, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant, Denton and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended, is hereby incorporated into this Community Facilities Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. P OD The Ranches East Addition Phase IA 1 F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section 11, of the Policy. G. The 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 all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damazes are caused, in whole or in Part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. In the event that City participation exceeds $25,000, 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 under a certificate of occupancy until the improvements required herein have been constructed(Article 104.100, Ordinance 7234). K. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to The Ranches East Addition Phase I 2 construct current and future improvements provided for in this agreement. M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof. Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain(B-1) Attached; Street Lights and Signs(C) Attached. N. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. II. Street and Storm Drain Facilities A. The Developer(s) agree 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, and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of "current improvements" and shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, B 1, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $93,172.98. The Ranches East Addition Phase 1 A 3 SUMMARY OF COST Ranches East Addition Phase 1A Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $76,996.40 76,996.40 2. Storm Drainage $10,230.00 10,230.00 3. Street Lights TRI-Count $468.00 468.00 4. Street Name Signs $245.00 245.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 3,489.06 3,489.06 D. Materials Testing by DOE $ $ 2% 1,744.53 1 1 1,744.53 TOTALS 93,172.98 $ - 93,172.98 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. The Ranches East Addition Phase I 4 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in triplicate,at Fort Worth,Texas this the�kj day oqwwllj--,, 200,`-,, RECEIVED Approval Recommended: JUL 31 2W Transportation and Public Works Department Robert Goode, P. E. Director Fort' NO M&C REQUIRED /,/Marc Ott Assistant City Manager ATTEST: Marty Hendrix City Secretary App;tanity tWorm A A EST: DEVELOPER By: Corpor to Secretary 75.L. Hudgins Jr. (President) OFFICIwL RECORD The Ranches East Addition Phase 09 CiffSECAETRY ?7S 6-ikTH1 YEN. UNIT II: PAVING NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1. 1,908 SY 6-inch Concrete pavement (complete in place with silicone joint sealing and 7-inch curb), per square yard Twenty Dollars and Zero Cents $ 20.00 $ 38,160.00 2. 1,976 SY 6-inch Lime stabilized subgrade, per square yard One Dollars and Forty Cents $ 1.40 $ 2,766.40 3. 26 TON Lime @ 26.5 lbs/s.y., per ton Ninety Five Dollars and Zero Cents $ 95.00 $ 2,470.00 4. 1,138 SY 6-inch HMAC,per square yard Twenty Five Dollars and Zero Cents $ 25.00 $ 28,450.00 5. 2 EA Handicap ramp,per each Seven Hundred Fifty Dollars and Zero Cents $ 750.00 $ 1,500.00 B-9 Updated 05/16/2005 6. 55 SY 4-foot Sidewalks,per square yard Thirty Dollars and Zero Cents $ 30.00 $ 1,650.00 7. 1 LS Traffic control, per lump sum Two Thousand Dollars and Zero Cents $ 2,000.00 $ 2,000.00 TOTAL AMOUNT BID PAVING: $ 76,996.40 B-10 Updated 05/16/2005 UNIT II: STORM DRAIN ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1. 50 LF 60-inch Storm drain pipe, Class III RCP (complete in place with trench excavation and trench compaction), per linear foot Two Hundred Four Dollars and Zero Cents $ 204.00 $ 10,200.00 2. 50 LF Trench safety,per linear foot Zero Dollars and Sixty Cents $ 0.60 $ 30.00 TOTAL AMOUNT BID STORM DRAIN: $ 10,230.00 B-8 Updated 05/16/2005 BID SUMMARY TOTAL AMOUNT BID WATER $ 43,329.00 TOTAL AMOUNT BID SEWER $ 70,045.00 TOTAL AMOUNT BID STORM DRAIN $ 10,230.00 TOTAL AMOUNT BID PAVING $ 76,996.40 GRAND TOTAL AMOUNT BID $ 200,600.40 B-11 Updated 05/16/2005 07/19/2006 12:03 8177351613 CONSTRUCTION OFFICE PAGE 15 RECEIVED ,.AUL F : i PART B -PROPOSAL. (Cont.) After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract_ The attached bid security, if required is to become the property of the Developer_ The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The successful bidder shall be required to perform the work in accord with the following publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Walser Department Projects dated January 1., 1.978, which may be purchased from the Water Department. 2. The Standard Specifications for Street and Storm Drain Construction which may he purchased from the Department of Transportation & Public Works. The undersigned assures that its employees and applicants for employment and those of any labor organization. subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 11D calendar days ager issue of the work order, and to complete the contract within 15 O working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable) �..A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be.__percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. —XB. The principal place of business of our company or our parent company or majority owner is in the State of Texas. B-12 Updated 05/16/2005 07/19/2006 12:03 8177351613 CONSTRUCTION OFFICE PAGE 16 I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted, JI X . By: Title Address cul e� #513 Telephone: l-1-'�38 3 znd) (Seal) Date: s III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 2 EA $ 0,000 $00,000.00 MID-BLOCK RESIDENTIAL 0 EA $ 0,000 $00,000.00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 0,000 $00,000.00 MID-BLOCK COLLECTOR 0 EA $ 0,000 $00,000.00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 0,000 $00,000.00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 0,000 $00,000.00 RELOCATE EXISTING LIGHT 0 EA $ 0,000 $00,000.00 0 (200 watt lights) x $7.05 (per light) x 24 months = $00,000.00 3 (100 watt lights) x $6.50 (per light) x 24 months = $468.00 Total: $468.00 The Street Lights will be installed by TRI County Electric Cooperative the developers initial 24- month power charge will be $468.00 After the initial 24-month power charge the City of Fort Worth, WILL ASSUME THE POWER COST. CFA Code: 2006099 The Ranches East Addition, Phase 1A August 15, 2006 Fort Worth, Texas August 17, 2006 III- 1 2. STREET LIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights 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. 2. Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of THE Director. 3. Streetlights on arterial streets shall be installed with underground conduit and conductors. 4. The Developer shall provide for the installation of a 2-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". 5. The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational. 6. 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. 7. The developer shall pay the initial two year power cost to TRI- COUNTY ELECTRIC COOPERATIVE, after the initial two year cost the City of Fort Worth, will assume the power cost. 8. Before the city install the streetlights, the developer shall pay the total amount shown below to the city at the time of execution of the community facilities agreement. 9. The developer or their contractor shall contact City's street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-6596 to insure proper inspection of work. TOTAL DEVELOPER'S COST $468.00 The Ranches East Addition, Phase 1A CFA Code: 2006099 August 15, 2006 Fort Worth, Texas Ill- 2 "STREET LIGHTS" INTERSECTIONS Haslet Roanoke Rd & Horseshoe Canyon Rd 1 Haslet Roanoke Rd & High Mesa Rd 1 MID- BLOCK CHANGE OF DIRECTIONS Horseshoe Canyon Rd 1 The Ranches East Addition, Phase 1A CFA Code: 2006099 III- 3 CITY 0�I ?�I'C1y � �d Iv STREET NAME SIGNS 1. The City of Fort Worth 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 of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of$245.00 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. 3. 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