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HomeMy WebLinkAboutContract 31507 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. Sn ul WHEREAS, CL Texas, L.P., a Texas limited partnership by CL Texas I GP, L.L.C., It's General Partner, hereinafter called "Developer", desires to make certain improvements to Bar C Ranch, Phase 6A, 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 and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW,THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Gary McAtee, its duly authorized Vice President, and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, 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, is hereby incorporated into this Community Facilities Contract as if copy 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. The Developer shall award all contracts for the construction of community facilities in accordance with Section 11, paragraph 7 of the Policy. _ i E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. F. 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 damages are caused, in whole or in part, by the alleged neglikence of the City of Fort Worth, its officers, servants, or employees. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. 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). I. 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). J. 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. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to 2 - d construct current and future improvements provided for in this agreement. L. 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. M. 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, B1, 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 $170,060.42. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $129,673.75 $ 129,673.75 2. Storm Drainage $22,980.50 $ 22,980.50 3. Street Lights $11,000.00 $ 11,000.00 4. Street Name Signs $300.00 $ 300.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 6,106.17 $ 6,106.17 TOTALS $ 170,060.42 $ $ 170,060.42 3 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 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 Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, aqd said Developer has executed this instrument in triplicate, at Fort Worth,Texas this the ��day of C'MU 1 , 200,5 Approval Recommended: Transportation and Public Works Department Robert oode, P. E. Director ty f ort Wort Marc Ott Assistant City Manager ATTEST: M&S�ktk-4 Marty Hendrix City Secretary Approved as to Fo Assistan y ttorney E NO M&C REQUIRED 4 ATTEST: DEVELOPER: � ) CL Texas L.P., a Texas limited partnership cam_ By: CL Texas I GP, L.L.C. Corporate Secretary It's General Partner By: )�� Gary Mc to , Vice President Date: T 5 W _m Z w L-Li 'W Z� o 'Z o Lo Q c) I 00 o^ U Q 0000 �° (� WzLUuCqo C',z 2 0 2Q > W US w°~ � wwz >z� �n W 0 cn a_ LIP�* J aq\ O N, WATER TRAIL a l 3 N M o `N, 3n184 2131 N3380 s t � o ,� Z Ch o LZ 2� dsb \ Qe uj o ._ --- "N t r W W Z - 0000 r rnrn fr. 04 04 V W o I I _ �n rOn D!N XMM OLj O 'NN •4o 0 Qda o L o a �: q CQ mil = m W U �n 2 3 U 0006 or J co cn Z J J-D 4 3 12 Z#z 2 > WWZ 0 30 C3 of o� U� h 7 O WOF; U 2ti0 �U WO . 41 W^ATER TRAtL y o U") m h N 2 / 3AING 831 VA N33NO 910 V) o J Q 3 Z 3 m o ; o 2 2 0 / ti ci p J 04 W LU LU �3 r � t S s _ N o0 00 rn m Z 1^V<) of V)xMM WY W ivy NF- N N MV)Q w •�/•y L°n a a a o o W h o° r � Q � a ° z m 0 z 1� QD O W J (n Cf) Q Z L� C W C � � C 2 U Q`n Ln o Q Q A O (n co cn X00 Z O O O z� U Z ; ao0 - �= CL CL CL °rn V c0 N z Co F- U LL]w Z Ull �1 o g L-Li _. ., w°o WATER CL TRAIL J ,13 �' 3 Ida 2Ei N33219 o N Z Q o ( F Q W \ CyO*g,.,. 73PP �j• i N 2 K S ?mod `� ,' r 2 I�` " US C) �nLQ d J w O WZ `m,S � 2 ' 2 m ma``'y ,T ,*per �'• ��� - ! � w Q: z � CO w W LU Z ' N �0)� f^ p^NN v of 1 1 Z �nQ�� W O F- !� O N N ♦R♦ °Fn a a a wn W o o o o z I o UNIT IV: PAVING IMPROVEMENTS 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) 1• 6"Reinforced Concrete Pavement w/ 7" Curb; Per Square Yard: 5,000 S.Y. J 7 iv A Dollars $ .20.S0 and_ , Cents 2• 6"Lime Stabilized Subgrade @ 30 Lbs./S.Y.; Per Square Yard: 5,300 S.Y. Dollars 8d and ti Cents 3• Lime; Per Ton: 79.5 TONS eip,-A sus Dollars $ 9.500 $ •Sp and APO Cents 4• Pavement Header; Per Linear Feet: 66 L.F. 25 em Dollars $ /Salo $ 990.00 and_ �a Cents 5. Std. 4"Reinforced Concrete Leadwalk and Wheelchair Ramp; Per Each: 4 EA. 3..'rtiiel A Dollars $ SO.00 �r and .de Cents B-10 6. Dead End Barricade; Per Each: 2 EA. Dollars $ 350.00 $ 700.00 and ,ya Cents 7. 4-Inch Thick Reinforced Concrete Sidewalk; Per Linear Foot: 565 L.F. G Dollars $ /O..ZS $ 7 l. 2,f and Cents TOTAL AMOUNT BID UNIT IV: PAVING IMPROVEMENTS 73 7j- TOTAL AMOUNT BID WATER $ S7 .63c; 20 TOTAL AMOUNT BID SEWER $ :2 y PI.- /S TOTAL AMOUNT BID STORM DRAIN TOTAL AMOUNT BID PAVING IMPROVEMENTS $ /z q, le 73. 7S GRAND TOTAL AMOUNT BID B-11 PA Q.se CA UNIT III: 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) 1. 21" Class III R.C.P.; Per Linear Foot: 204 L.F. /'��ji<t�/- �.'✓[ Dollars $ 3S.40 $ v-oo and ,vo Cents 2. 24" Class III R.C.P.; Per Linear Foot: 97 L.F. /"oif Dollars $ and •vo Cents 3. Standard 10"Curb Inlet; Per Each: 2 EA -1e ae& Atamdrewl Dollars $ vo.00 and ,v o Cents 4. 4' x 4' Drop Inlet; Per Each: 1 EA G`' < Dollars $ D•D $ .Op an ..o Cents 5. Standard 4' Storm Drain Manhole; Per Each: 1 EA i Dollars $ Use.40 $ / 0.00 d Nip Cents 6. 24"Type"B"Headwall (30° Skew); Per Each: / 1 EA a&eg Dollars and do Cents B-8 T 7• Concrete Riprap; Per Square Yard: 59.1 S.Y. ty-�,yc Dollars and ...o Cents 8• Trench Safety System,D-18; Per Linear Foot: 301 L.F. P Dollars $ and ago Cents TOTAL AMOUNT BID UNIT III: STORM DRAIN $ ,Z.� 984.SD B-9 12/03/2004 14:48 2143572985 PATE ENGINEERS DALL PAGE 02/03 CtC-03-2004 14=31 LUMBERMEN'S INV. CORP. 972 702 8372 P.02 I(we)acknowledge receipt of the following addenda to the plans and speciflcadow, all of the provisions and requirements of which have been taken into considerstiou on preparation of the foregoing bid: Addeadu n No. 1 (Initials) Addendum No.3 (Initials) Addendum No.2(Initials) Addendum No.4(Initials) Respectfully submitted, I I By: . bAR• /u w 1y1 :�. - P Address M } P.0 get_ 042 E-,a W alb 3X 74114 Telephone: 81j,=-1143 (Seal) Date: 2dbv la I 1 . B-l7 - II. 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 of Transportation and Public Works. 3. The City will install all the streetlights that use overhead or underground conductors on residential, and collector streets. the developer agrees to pay the city the amount shown below prior to the City starting it's design efforts. 4 . Streetlights on arterial streets shall be installed with underground conduit and conductors . 5. The Developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operation of the street lights 6. The estimated cost of this street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: $11,000.00 BARC RANCH, PHASE IV -A November 1, 2004 FORT WORTH, TEXAS Page II of Exhibit C III. "STREETLIGHTS" INTERSECTIONS RUSHING WATER TRL & PAGOSA SPRINGS DR 1 RUSHING WATER TRL & COMMANCHE SPRINGS DR 1 GREEN WATER DR & COMMANCHE SPRINGS DR 1 MID BLOCK RUSHING WATER TRL 1 COMMANCHE SPRINGS DR 1 BAR C RANCH, PHASE VI-A Page III of Exhibit C 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 $100.00 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. This development creates the following three (3) intersections at a cost to the Developer of$300.00: Comanche Springs Dr & Green Water Dr Comanche Springs Dr & Rushing Water Tr Pagosa Springs Dr & Rushing Water Tr Bar C Ranch, Phase 6A CFA code: 2004151 October 25, 2004 w