HomeMy WebLinkAboutContract 31101 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, CL Texas, LP, a Texas limited partnership, hereinafter called
"Developer", desires to make certain improvements to Summer Creek Ranch —
Hu len/Mc Pherson, 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 Tar-rant 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 John K. Pierret, its duly
authorized Executive 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:
1. 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 11, 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.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section 11, of the Policy.
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TPWCFA.doc I
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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 inittries, death or damages are caused,
in whole or in Part, by the allezed neelizence 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 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:
TPWCFA.doc 2
Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (13-
1) attached; Street Lights and Signs (C) attached.
11. 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, 131,
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 $710,398.44.
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $458,282.65 $ 458,282-65
2. Storm Drainage $206,187.00 $ 206,187.00
3. Street Lights $19,250.00 $ 19,250.00
4. Street Name Signs $100.00 $ 100.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE
(4%) $ 26,578.79 $ 26,578.79
TOTALS $ 710,398.44 $ $ 710,398.44
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.
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TPWCFA.doc 3
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 of Transportation and Public Works .
3 . The Developer' s shall pay the amount shown below to the City of Fort
Worth at the time after execution of the Communities Facilities
Agreement.
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 . 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 he provided at the crossing
points .
7 . 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) 871-8100 to insure proper inspection of
work.
DEVELOPER'S COST: $19,250.00
MCPHERSON BLVD & SOUTH HULEN ST (EXTENSION)
FORT WORTH, TEXAS
September 23, 2003
Page 2 of Exhibit C
"STREET LIGHTS"
MID -BLOCK ARTERIAL MEDIAN
MCPHERSON BLVD 7 (DOUBLE ARMS)
MCPHERSON BLVD & SOUTH HULEN ST (EXTENSION)
Page 3 of Exhibit C
IV
STREET NAME SIGNS
1 . The Developer 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.
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 one (1) intersections at a
cost to the Developer of $100 . 00 :
NOTE: Reported zero (0) on exhibit .
S Hulen St & Mc Pherson Blvd
Summer Creek Ranch
CFA code: 2003121 Date : September 23 , 2003
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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, and said ]developer
has executed this instrument in triplicate, at Fort Worth, Texas this the P"o day of
-N 2004
—
00
Approval Recommended:
Transportation and Public Works
Department
C5 16��11''",
Robert Goode, P. E.
Director
0
K)r j,-4a t,i 0 a
Ity ort
N�k'
I att-- Marc Ott
Assistant City Manager
ATTEST:
N\aAL
Marty Hendrix
City Secretary
Approved as to Form:
Assistant City Attorney
ATTEST: DEVELOPER
CL Texas, LP, a Texas Limited Partnership
By: CL Texas I GP, LL
", s general partner
By:
Corporate Secretary ExeJoh4hierret
cutive Vice President RE CE I V17
TPWCFA.doc 4
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BID SCHEDULE
CL TEXAS,L.P.,A TEXAS LEMITED PARTNERSHIP
SUNKMER CREEK RANCH0.1cPHERSON BLVD&S.HULEN ST-FORT WORTH,TEXAS
UTILITY CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
STO%M SEWER ITEMS
9 98 LF Furnish&Install 21-inch Reinforced Concrete Pipe,including
excavation,embedment and backfill,complete in place,
for Thirty Five dollars
and No cents per Linear Foot S 35,00 S 3,430.00
10 72 LF Furnish&Install 30-inch Reinforced Concrete Pipe,including
excavation,embedment and backFill,complete in place,
for Forty-Seven dollars
and No cents per Linear Foot $ 47.00 S 3.384.00
86 LF Furnish&Install 36-inch Reinforced Concrete Pipe,including
excavation,embedment and backfill,complete in place,
for Sixty-Five dollars
and No cents per Linear Foot 65.00 S 5,590.00
12 179 LF Furnish&Install 5'x3'Reinforced Concrete Box,including
excavation,embedment and backfill,complete in place,
for One Hundred Fifty-Five dollars
and No cents per Linear Foot S 155.00 27,745,00
13 295 LF Funnish&Install 9'x4'Reinforced Concrete Box,including
excavation,embedment and backfill,complete in place,
for Three Hundred Thirty —dollars
and No cents per Linear Foot S 330.00 S 97,350.00
13 . I EA Furnish&Install 10-Foot Standard Curb Inlet,including
excavation,backfill and materials,complete in place,
for Two Thousand Six Hundred dollars
and No cents per Each S 2,600,00 S 2,600.00
14 . I EA Furnish& Install 15-Foot Standard Curb Inlet, including
excavation,backfill and materials,complete in place,
for Two Thousand Six Hundred -dollars
and No cents per Each S 2,600,00 S 2,600.00
15 2 EA Fumish&Install 20-Foot Standard Curb Inlet,including
excavation,backfill and materials,complete in place, ..................
fo r Four Thousand dollars
and 140 cents per Each $ 4.000.00 8'000.00
BID SCHEDULE
CL TEXAS.L.P.,A TEXAS LIMITED PARTNERSHIP
SUNIMER CREEK RANCH-iMcPHERSOiN BLVD&S.HULEN ST•FORT WORTH,TEXAS
UTILITY CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
16 1 EA Famish&Install 30-Foot Standard Curb Inlet,including
excavation,backfill and materials,complete in place,
for Six Thousand dollars
and No cents per Each S 6,000.00 S 6,00000
16 . I EA Famish& Install 5'x5'Drop Inlet with Manhole lid,including
excavation,backfill and materials,complete in place,
for One Thousand Six Hundred -dollars
and No cents per Each S 1,600.00 S 1,60000
17 . 2 EA Furnish&Install 30-Inch Plug,complete in place,
as shown in plans,
for One Hundred dollars
and No cents per Each $ 100.00 200.00
I8 I EA Furnish& Install Standard TXDOT Parallel Wings for 9'x4'RCBC,
as indicated on plans,complete in place,
for Two Thousand Five Hundred -dollars
and No cents per Each. $ 2,500,00 $ 2.50000
19. 2 EA Furnish&Install Sloped End Headwalls for 2-5'x3'RCBC,
as indicated on plans,complete in place,
for Four Thousand —dollars
and No cents per Each. $ 4.000.00 S 8,000,00
20 . 222 CY Fumish& Install Slone Rip-Rap.
for Sixty dollars
and No Cents per Each $ 60.00 13.320.00
21 938 LF Grade 20-foot wide Intercept Swale of variable depth,complete in place,
as shown in plans,
for Eleven dollars
and No cents per Each $ 11.00 S 10,31900
22 1,760 LF Grade swale Variable Width and Variable depth,complete in place,
as shown in plans,
Cor Seven dollars
and No —cents per Linear Foot S 7,00 S 12,320.00
BID SCHEDULE
CL TEXAS,L.P.,A TEXAS LIMITED PART.NCRSHLP
SUMMER CREEK RANCH-NUPHERSON BLVD&S.HULEN ST-FORT WORTH,TEXAS
UTILITY CONTRACT
[tem Estimated Total Total
No. Quantity Unit Description of ttern with Total Unit Price Written in Words Unit Price Amount
23 1 LS Design of Trench Safety System including sheeting,shoring
and/or bracing,
for Five Hundred dollars
and No cents per Lump Sum S 500-00 S 50000
24 . 730 LF Implementation of Trench Safety system including sheeting,shoring,
and bracing,complete in place.
for One dollar
and No cents per Linear Foot S 1.00 S 730.00
SUBTOTAL STORMSEWER ITEMS S 206,187.00
BID SCHEDULE
CL TEXAS,L.P.,A TEXAS LIMITED PARTNERSHIP
SUNINLER CREEK RANCH41CPHERSON BLVD&S.HULEN ST-FORT WORTH,TEXAS
UTILITY CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
MISCELLANEOUS ITEMS
25 1,520 LF Install 2"PVC Electrical Conduit,as indicated in plans,
complete in place,
for Seven dollars
and No cents per Linear Foot $ TOO 10,640.00
26 . 457 LF Fumish&Install 2-4"PVC Schedule 40 Sleeve as indicated in plans,
complete in place,
for Eight dollars
and No cents per Linear Foot $ 8.00 $ 3,656.00
27 . 7 EA Construct Light Pole Base as indicated in plans,
complete in place,
for Six Hundred Filly —dollars
and No cents per Each $ 650.00 S 4,550.00
SUBTOTAL MISCELLANEOUS ITEMS $ 18,846.00
SUNINIARY-SUNNIER CREEK RANCH -McPHERSON BLVD.&S.HULEN ST.UTILITIES
SUBTOTAL WATER-LINE ITEMS $ 19,798.00
SUBTOTAL STORM SEWER ITEMS 206,187.00
SUBTOTAL MISCELLANEOUS ITEMS 13,846.00
TOTAL BID FOR SUMMER CREEK RANCH-McPHERSON BLVD.&S.HULEN ST.UTILITIES $ 244,831.00
(Unit prices me to be indicated in both words and figures. In cast ol7discrepancy,the unit price in writing will prevail. Prices listed above are the only compensation to be
made. All items,if work is required to complete the work as indicated in the plus and as specified,which are not listed as 3 pay item in this proposal,are considered
subsidiary to the item and the cost of the subsidiary work should be included.)
Contractor Conatser Cons,
Zt...TUC,
Authorized Signature.
September
ptember 15,2003
BID SCHEDULE
CL TEXAS,L.P.,A TEXAS LIMITED PARTNERSHIP
SUMMER CREEK RANCH-NIcPHERSON BLVD&S.HULEN ST.FORT WORTH,TEXAS
PAVING CONTRACT
Item —:36mated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
1 15,990 SY Furnish&Install Eight-inch 3,000 PSI Reinforced Concrete Paving,
including 6 and 7-inch curb,complete in place,
for Twenty-Two dollars
and Thirty cents per Square Yard S 22.30 S 356,577,00
2 16,921 SY Perform Lime Stabilized Subg7rade Preparation,
complete in place,
for One dollar
and Sixty-Five cents per Square Yard S 1.65 S 27,919.65
3 254 TON Fumish Hydrated Lime(301bs/SY)for Subgrade Stabilization,
for Ninety-Four dollars
and No —cents per Ton S 94.00 S 23.871500
4 3 EA Furnish&Install Barrier Free Ramps,
as detailed on plans,complete in place,
for Five Hundred dollars
and No —cents per Each $ 500.00 S 1,500JD0
5 3 EA Furnish&Install Street Header at locations shown on
plans,complete in place,
for Three Hundred dollars
and No cents per Each S 300.00 S 900.00
6 . 2 EA Furnish&Install End of Road Barricade at locations shown on
plans,complete in place,
for Five Hundred dollars
and No —cents per Each $ 500-00 S 1,000.00
7 3,801 LF Furnish&Install 4-Foot Sidewalk,complete in place,
as shown in plans,
for Ten dollars
and No cents per Linear Foot $ 10.00 S 38,010.00
BID SCHEDULE
CL TEXAS,L.P.,A TEXAS LIMITED PARTNERSHIP
SUMMER CREEK RANCH-McPHERSON BLVD&S.HULEN ST-FORT WORTH,TEXAS
PAVING CONTRACT
Item Estimated Total Total
No, Quantity Unit Description of Item with Total Unit Price Wriaen in Words Unit Price Amount
8 1 LS Furnish&Install Paving Markers as shown and detailed in plans,
complete in place,
for Eight Thousand Five Hundred dollars
and No cents per Lump Sum $ 8,500.00 $ 8,500.00
TOTAL BID FOR SUMMER CREEK RANCH-McPHERSON BLVD.&S.HULEN ST.PAVING $ 458,282.65
(Unit prices ase to be shown in both words and Sgures. In case of discrepancy,the unit price in writing will pr"ail. Prices listed above are the only Compensation to be
made. All ams,if work is required to complete the work Ls shown in the plans and as specified,which arc not listed as 2 pay item in this proposal,are considered
subsidiary to the item and the cost of the subsidiary work should be included.)
Contractor ConatserConstruction,Inc.
Authorized
Date September l5,2003
III . STREET LIGHTS :
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK RESIDENTIAL 0 EA $ 2 , 000 $0, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0 , 000 . 00
MID-BLOCK COLLECTOR 0 EA $ 2 , 000 $0, 000 . 00
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000 .00
MID-BLOCK ARTERIAL MEDIAN 7 EA $ 2, 500 $17, 500 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $17, 500 . 00
City' s Cost $00, 000 . 00
Developer' s Subtotal $17, 500 . 00
10% Contingencies $1, 750 .00
Project Total $19, 250 . 00
Adjacent Developer' s Cost $0, 000 . 00
Developer' s Cost $19, 250.00
2% Inspection Fee $0, 00 .00
DEVELOPER' S COST: $19, 250 . 00
MCPHERSON BLVD & SOUTH HULEN ST (EXTENSION)
September 23, 2003
Fort Worth, Texas
October 8, 2003
PAGE 1 OF Exhibit C