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HomeMy WebLinkAboutContract 31185 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.� WHEREAS, CL Texas, L.P., a Texas Limited Partnership, hereinafter called "Developer", desires to make certain improvements to Summer Creek Ranch Section V, Phase B, 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 II,paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. y A. ; . New-CFA-5B-TPW.doc 1 � U,,';n,o,�U . t 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 dama,-es are caused, in whole or in part, by the alleged negligence 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 v L New-CFA-5B-TPW.doc 2 Water (A) None; Sewer (A-1)None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. 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, B1, 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 $211,648.39. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 167,118.55 $ - $ 167,118.55 2. Storm Drainage $ 23,408.75 $ - $ 23,408.75 3. Street Lights $ 13,200.00 $ - $ 13,200.00 4. Street Name Signs $ 300.00 $ - $ 300.00 B. Engineering Design $ - $ - $ - C. Construction Engineering and Management by DOE (4%) $ 7,621.09 (*) $ 7,621.09 TOTALS $ 211,648.39 $ - $ 211,648.39 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. p p g p p New-CFA-5B-TPW.doc 3 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�, atid said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the JW ' day of , 200,4 5 Approval Recommended: Transportation and Public Works Department C Robert Goode, P. E. Director Cit f F Wo Marc Ott Assistant City Manager ATTEST: ISO m4 C� uthorizatjon Marty Hendrix - � City Secretary Date Approved as to Form: Assistant City Attorney ATTEST: DEVELOPER CL Texas, L.P., a Texas Limited Partnership By: CL Texas I GP L.C., its general perr By: Corporate Secretary Gary/McAte "ice President i New-CFA-5B-TPW.doc 4 K�E�COLUMBUS z L-' C w z = m w Sip O N SOMME CREE RISINGER RA PROJECT L OCA TION N c�°No w NORTH N1GN z� CROWLEY CLEBIJR m Lu J u O J O LOCATION MAP SUMMER CREEK RANCH SECTION V PHASE B CL TEXAS,L.P.,A TEXAS LIMITED PARTNERSHIP 5495 BELTLINE SUITE 225 DALLAS.TEXAS 75254 lo 7 7 .......... 3 r I T 3 T BL OCK PHASE LINE SDAAWER CREEK RA CABINET A, SLIDE 9 44 FLEVENTARY SCHOOL 39 Lu 10 45 I 9T. SEC ION V 42 PHASE 4 41 0 11 46 PHASE LINE z 2Z 47 48 49 50 51 52 53 22 (L 54 OPLAR RIDGE DRIVE ............... w54 W 7 8 Ld U) 8 9 10 11 12 13 14 Ld < 55 4-- 0 EL z 56 'o 9 7 6 5 3 2 -57 FUTURE SEdION VII 67 66 65 64 63 62 61 60 58 69 I 68 59 NORTH CROWLEY HIGH SCH1001 LOT 1 , BLOCK 1 CROWLEY HIGH SCHOOL ADDIT',ON ", . . CAB ---NET `A SL-'DE 71394 P.R.T C.T. EXHIBIT "B" PAVING PLAN SUMMER CREEK OANC SECTION V �PHASE 6 CIL TEXAS, TEXAS LIMITED PARTNERSHIP X, 5 BEGJLINE SUITE 225 L.P.49LAS.TEXAS 75254 L-- i I t 2 1 i Ar•^I2N 19 17 i j - , , - - , l ', 15 II 1 13 — I 4 1 — I 0 ---f `D 6 5 1 q\ I I 7 I i iEX IST.'SEC7iONi Y i I �.>' PHASE A — �"-- I ice' 12 13 V 3 cr i i _ l _ j i f 7 2 B " -1i 1 r 1; BLOCK 15 3T. .,-CTI N VII PHASE L NE ?MiR7CREEX RAMCf7 l',J FH SE A: } ; c 38 CABINET A. SLIDE 66.6 ' 44 l P.R.T.L'.T. _... 9 1 5� 43 J\ �u v 50 39 o � ; 45 42 Ex[1/1. S-..cVON V PHASE .k 4D \ 11 41 11 // 46 PHASJ'LINE 2 £- ' 50 51 52 53 N PX:T IIID 2DNiki'A' 3 47 48 49 20 I 21 I 22 I 'I Q UNU ASE-OESIDEN314£ x ©RIVE z4'acP,. - .o'ac^ 0 LAR_RIDGE-0flIVE 1 - _ EXJST6— epi 4e i Z I' 54 313,311,•P 5 ( 6 7 8 < 6 9 10 11 12 13 14 x f l as 55 --- -I ?-- R 14'RCP Sfi'RCI SECTION VIII I I Q -HASEB 56 p PROPOSED Z I I DETNT� 4 3 . I � I al eeeai+ -_. 57 - ARDENWODD DRIVE _ ' ,1000 DR!VE - .::.a,.., _.... ....__.��., ._—_--:; TOP 829.00 BOTTOM 822.50 100 YR. W.S.E. 827.52 71 I 70 54 68 67 66 65 64 63 62 61 60 SB 59 I ` EXIST.60'RCP ----- NOR-H CRC,'M EY HIGH SCHOOL LOT 1. BLOCK 1 CROWLEY HIGH SCHOOL AUDITION CABINET R '' S. IDE7 3394 EXHIBIT "B-1" ---STORM DRAINAGE PLAN II II IlSMMI CJER CREEK RANCH SECTION V r. CLT XASVeSAIL�iS, kMS T5135p5PTNERSFIP . ` � � \ FUTURE mo|�nxvo . � > / r | ' \ \ — ------- I ui - ~ PHASE LINE 38 39 Lu PHASE 42 12 o 41 PHASJ2 LINE L_ 1 1 12 13 14 15 16 LLI 21 22 Lu 1 3 TURE SECTION V14 EXHIBIT "C" srnccr uuxr pLmv EXHIBIT"A" BID SCHEDULE LUMBERMEN'S INVESTMENT CORP. SUMMER CREEK RANCH,SECTION V,PHASE B PAVING CONTRACT Item Estimated Total Total No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount 1 7,163 SY Furnish&Install Six-Inch Reinforced 3,000 psi Concrete Paving including 7-inch curb,complete in place, for dollars and cents per Square Yard $ 18.85 $ 135,022.55 2 . 7,625 SY Perform Initial Lime Stabilized Subgrade Preparation, in locations specified per geotechnical recommendations, complete in place, for dollars and cents per Square Yard $ 1.60 $ 12,200.00 3 . 114 TON Furnish Hydrated Lime(301bs/SY)for Subgrade Stabilization, for dollars and cents per TON $ 94.00 $ 10,716.00 4 . 29 LF Connect to Existing Pavement,complete in place, for dollars and cents per Linear Foot $ 20.00 $ 580.00 5 . 1 AC Seed and Fertilize Road Right-of-Way for dollars and cents per Acre $ 1200.00 $ 1,200.00 6 . 8 EA Furnish&Install Barrier Free Ramps, as detailed on plans,complete in place, for dollars and cents per Each $ 475.00 $ 3,800.00 8 . 6 EA Furnish&Install Concrete Light Pole Base,including excavation, PVC conduit,and backfill,complete in place, for dollars and cents per Each $ 600.00 $ 3,600.00 TOTAL FOR SUMMER CREEK RANCH,SECTION V,PHASE B-PAVING CONTRACT $ 167,118.55 (Unit prices are to be shown in both words and figures. In case of discrepancy,the unit price in writing will prevail. Prices listed above are the only compensation to be I}I iry I f; .�' �� made.All items,ifworkis required incomplete the work as shown in the plans and as specified which are not listed as a pay item in this proposal,are considered subsidiary to the item and the cost ofthe subsidiary work should be included.) nI ra EXHIBIT"A" BID SCHEDULE LUMBERMEN'S INVESTMENT CORP. SUMMER CREEK RANCH,SECTION V,PHASE B UTILITIES CONTRACT Item Estimated Total Total No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount STORM SEWER ITEMS 7 . 60 LF Furnish&Install 21-inch Reinforced Concrete Pipe,including excavation,embedment and backfill,complete in place, for dollars and cents per Linear Foot $ 33.00 $ 1,980.00 8 . 76 LF Furnish&Install 24-inch Reinforced Concrete Pipe,including excavation,embedment and backfill,complete in place, for dollars and cents per Linear Foot $ 38.00 $ 2,888.00 9 . 121 LF Furnish&Install 36-inch Reinforced Concrete Pipe,including excavation,embedment and backfill,complete in place, for dollars and cents per Linear Foot $ 65.00 $ 7,865.00 10 . 4 EA Furnish and Install 10-Foot Curb Inlet,including excavation,backfill and materials,complete in place, for dollars and cents per Each $ 1,850.00 $ 7,400.00 11 1 EA Furnish and Install 3'x 3'Drop Inlet,including excavation,backfill and materials,complete in place, for dollars and cents per Each $ 1,200.00 $ 1,200.00 ILI vITCri ;;:1 FT. EXHIBIT"A" BID SCHEDULE LUMBERMEN'S INVESTMENT CORP. SUMMER CREEK RANCH,SECTION V,PHASE B UTILITIES CONTRACT Item Estimated Total Total No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount 12 . 7 CY Furnish and Install Rip Rap,including excavation,backfill and materials,complete in place, for dollars and cents per Cubic Yard $ 60.00 $ 420.00 13 . 1 EA Remove existing 5'x5'drop inlet top,including excavation, complete in place, for dollars and cents per Each $ 1,000.00 $ 1,000.00 14 . 1 CY Furnish and Install Slope Paving Headwall,including excavation,backfill and materials,complete in place, for dollars and cents per Cubic Yard $ 275.00 $ 398.75 15 . 257 LF Design and Implementation of Trench Safety system including sheeting,shoring, and bracing,complete in place, for dollars and cents per Linear Foot $ 1.00 $ 257.00 SUBTOTAL STORM SEWER ITEMS $ 23,408.75 �rjr(1'G QU IL�1`^ I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 2 EA $ 2, 000 $4, 000 . 00 MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $4, 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 0 EA $ 2, 500 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $12,000 . 00 City' s Cost $00, 000 . 00 Developer's Subtotal $12,000 . 00 10% Contingencies $1,200 .00 Project Total $13,200 . 00 Adjacent Developer' s Cost $0,000 . 00 Developer's Cost $13,200 . 00 2% Inspection Fee $0,00. 00 DEVELOPER' S COST: $13,200 .00 SUMMER CREEK RANCH, SECTION V-PHASE B May 20, 2004 Fort Worth, Texas November 16, 2004 PAGE I OF Exhibit C aiViJ1'G U 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: $13,200.00 SUMMER CREEK RANCH, SECTION V-PHASE B May 20, 2004 FORT WORTH, TEXAS Page II of Exhibit C III . "STREETLIGHTS" INTERSECTIONS TANGLERIDGE DR & POPLAR RIDGE DR 1 TANGLERIDGE DR & ARDENWOOD DR 1 MID-BLOCK POPLAR RIDGE DR 1 ARDENWOOD DR 1 CHANGE OF DIRECTIONS POPLAR RIDGE DR 2 SUMMER CREEK RANCH, SECTION V-PHASE B 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: Tangleridge Dr & Poplar Ridge Dr Tangleridge Dr & Ardenwood Dr Poplar Ridge Dr & Ardenwood Dr Summer Creek Ranch, Phase B, Section 5 CFA code: 2004057 May 24, 2004