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HomeMy WebLinkAboutContract 31805 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS S City Secretary COUNTY OF TARRANT § Contract No. 1f g:d WHEREAS, CL Texas,_ L.P. a Texas Limited Partnershi , hereinafter called "Developer", desires to make certain improvements to Summer Creek Ranch Section VII, 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 S, Section II, of thetPodic New-CFA-7B-TPW-2-4-05.doc l _ � a' 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, is,hether or• not such injuries, death or dama,,-es are caused, in whole or in pard by the alleged negligence of the City of Fort Worth, its o Leers, 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). 1. 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 cun-ent and future impro\enicnts 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.pa is MY New-CFA-7B-TPW-2-4-05.doc 2 Water (A) None; Sewer(A-1) None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. 1I. 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, 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 $197,130.45. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 167,829.45 $ - $ 167,829.45 2. Storm Drainage $ 10,950.00 $ - $ 10,950.00 3. Street Lights $ 11,0000.00 $ - $ 11,000.00 4. Street Name Signs $ 200.00 $ - $ 200.00 B. Engineering Design $ - $ _ $ - C. Construction Engineering and Mana ement by DOE 4% $ 7,151.00 M $ 7,151.00 TOTALS $ 197,130.45 $ - $ 197,130.45 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. New-CFA-7B-TPW-2-4-05.doc 3 IN TESTIMONY WHEREOF, the City of Foot has c:: : r; :It �:�'rument to be executed in quadruplicate in its name and on its bc: '.Iil` h., i', Is;;',t.1i-t City Manager, attested by its City Secretary, with the corporate seal ol't is L it,• i[id ,iiii Developer has executed this instrument in triplicate, at Fort Worth,Texas ti,, I'.•._' {I., a �y 0 -ul , 2005. Approval Recommended: Transportation and Public Works Department ow 45 Robert Goode, P. E. Director Cit f rt W rt NO M&C RLQUIRED Marc Ott Assistant City Manager ATT 1--ST D�A -- Marty Hendrix City Secretary Appro e as to f`or7�7, Assistant Attornl y ATTEST: DEVELOPER CL Texas, L.P., a Texas Limited Partnership By: CL Texas Y G , L.L.C., its general ner By: u Corporate Secretary Gary NIcA ee, Vice President New-CFA-7B-TPW-2-4-05.doc 4 ?A; ,f FXHIBIT ]slli tiC'HF.S.IU1_E. Cl :L.N.15.I..F'...A 1 F.til;I IMI IFI)PAfZT]JFRSHIF SI_i\lME:R Cltf_1:K R.ISt:"f('EC ION 111•F14 ASE B Ticm Estimated Total Total No, Quantity Unit Oescriplion of Itcm with Total Unit Price wnrieo 'ids Unit Pnce Amount 1 7,217 SY Furnish&Install Six-inch Reinforced 3,000 psi Concrete Paving including pinch curb,complete in place. for dollars and cents per Square Yard S 78..85 S 136,040AS 2 . 7,700 SY Pvisn- a I.inti.Siabtlixed Subgrade Preparation, in :,n;;pe. I'md par geolechnicaI recommendations, car.:p.c•^�it p�, for dollar and cents per Square Yard S 1.60 b 12,320.00 3 116 To Furnish Hydrated Lime(30 IbJSY)for Subgrade Stdbi l ryatio n, for dollars and cents perTon 5 94.00 S 10,904.00 4. 87 LF Connect to Existing Pavement,complete in place, for dollars and cents per Lincar Foot S 20.00 S 1,740.00 5 1 AC Seed and Fen iIiu Road Right-of.Way for dollars and Cents per Acre S 120000 S 1,200.00 6. 3 EA Furnish&Install Bremer Free Ramps, as detailed on plans.Complete in place, for dollars and cents per Each S 475.00 S 1,425.00 7 . 6 EA Adjust Manhole Rim in Pavement,complete in place, for dollars and cents per Each $ 200.00 S 1.20000 8 5 EA Furnish&Install Concrete Light Pole Base,including excavation, PVC conduit,and backfill,complete in place, for dollars and cents per Each S 600.00 S 3,000.00_ TOTAL FOR SLIMMER CREEK RANCH,SECTION VII,PHASE B-PAVING CONTRACT S 167,8x9.45_ tV nit pace are to be shown in bed.words and fipms.In cju of dJivmpsncy,the unn price in wrning Will prevail pneta lured above aim the only compensal ion 14 be male.All irem.if wokis mqulmd tuomptete the work as shown in the plans yid as specified which we not I ste(l is a pay item in chis proposal,are eoesidemd subsidiary io rhe it..and the eau of the subsidy y Work should be mtided•) a:', r EXHIBIT"A" BID SCHEDULE CL TEXAS,L.P.,A TEXAS LIMITED PARTNERSHIP SUNIMER CREEK RANCH,SECTION VII,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 . 31 LF Fumish&Install 21-inch Reinforced Concrete Pipe,including excavation,embedment and backfill,complete in place, for dollars and cents per Linear Foot $ 33.00 S 1,023,00 8 64 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 S 2,432.00 9 . 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 10. 95 LF Design and implementation of Trench Safety system including sheeting,shoring, and bracing,complete in place, for dollar and cents per Linear Foot $ 1.00 $ 95.00 SUBTOTAL STOILM SEWER ITEMS S 10,95000 III. S'T'REET LIGHTS: 1. 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 I EA $ 2, 000 $2 , 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 $10, 000.00 City' s Cost $00, 000 . 00 Developer's Subtotal $10, 000 . 00 10% Contingencies $1, 000 . 00 Project Total $11, 000. 00 Adjacent Developer' s Cost $0, 000 .00 Developer' s Cost $11, 000. 00 2% Inspection Fee $0, 00.00 DEVELOPER'S COST: $11, 000 .00 SUMMER CREEK RANCH SECTION VII- PHASE B March 4, 2004 Fort Worth, Texas March 4, 2004 PAGE 1 OF Exhibit C 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 be 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) 671-8100 to insure proper inspection of work. DEVELOPER'S COST: $11, 000.00 SUMMER CREEK RANCH SECTION VIS-PHASE B FORT WORTH, TEXAS March 4, 2004 Page 2 of Exhibit C "STREET LIOGHTS" INTERSECTIONS THISTLE RIDGE TERR & POPLAR RIDGE DR 1 TANGLERIDGE DR & ARDENWOOD LN 1 MID - BLOCK POPLAR RIDGE DR 1 ARDENWOOD LN 1 CHANGE OF DIRECTIONS THISTLE RIDGE TERR� 1 SOMMER CREEK RANCH SECTION VII - PHASE B Page 3 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 two (2) intersections at a cost to the Developer of$200.00: Poplar Ridge Dr & Thistle Ridge Ter Ardenwood Lane & Thisbe Ridge Ter Note: Also see CFA 2004057 for the other three intersections, Summer Creek Ranch, Phase B, Sec 5 Summer Creek Ranch, Phase B, Sec 7 CFA code: 2003166 January18, 2005 r I ee-_umbu5 Z w Lb z J (r x m w J suomv- CRS R I S I LAGER PR©JECr LOCA TIO �• caoHo� �' V �.'l?'I� CF;f"kt 1'r w J U J Ea VICINITY MAP N,T.S. LOCATION MAP 5 ER-LBLEK QANG"- TION VII,PHASE:8 CL TEXAS,L.P.,A TEXAS UtATE6 PARTNERSHIP 5495 9ELILW SLOE 275 17ALLA5,TEXAS 75754 i J ' PHASE 4INE b'9 23C 25, 23A 22 2t 1,3 18 17 1 16 15 4, 86 _POPLAR RIDGE_2lRj=;,, ,,. — _ _ _ — i i I I r x z .4 13 'i 11 10 9 i 5 _ 4 3 2 1 ° ¢� • 1 I � 84 w 1 S 1 i 16 18 19 .0 1� 82 avee _ ARDENWOf70_DRIVE r 79 80 T8 76 75_ 74 73 72 •ly 'c7 4.. EXHIBIT "B" PAVING PLAN SUMMER CREEK RANCH SECTION �V11,PHASE 6 A TEXAS LIM Ep•PARTNERSHIP 5495 9ELTLPk SLRTE 225 DALLAS,TEXAS 75254 i N i I z- a � B2 � r l } r p• EXHIBIT "B-1" J STORM DRAINAGE PLAN pN "Sr d SUML4ERI C V EEK RANCH SECTIOYCL TEXAS.L.P.. A TEXAS LkAITEO PARTNERSHIP • .. ,.y 5445 BELTL04E SWE 225 DALLAS,rfXAS 73234 N x;S". SUMMER CREEK RANCH SECTION vlS `-ASE A PHASE L NE 86 U�_ '07—LAR AJZ—GGE DR I 14 13 r 1 g y w f N 4.Z WI I 4C �I� ja I f � _ AQ 76 70 54 5La EXHIBIT "C" STREET LIGHT PLAN SUMMER CREEK RANCH SECTION VII,PHASE 8 CL TEXAS,L.P A TEXAS LIMITED PARYNERSHIP 5+95 9ELTLINE SUIT[ 725 DALLAS.TEXAS 75254