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Home My WebLink AboutContract 30835 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.3�8 � WHEREAS, The Ranches North III, Ltd., hereinafter called "Developer", desires to make certain improvements to Lost Creek Ranch North II Addition — Phase I, 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 DLH Jr. Land Company, its duly authorized General Partner, acting herein by and through D.L. Hudgins Jr., its duly authorized 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.,,;.- �� 2001176-10 TPW CFA 04-0528.doc 1 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 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 part hereof- 2001176-1 O ereof:2001176-10 TPW CFA 04-0528.doc 2 Water(A)None; Sewer(A-1)None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. 2001176-10 TPW CFA 04-0528.doc 3 � 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 $643,255.26. Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. Sidewalk cost is included under street cost. The home builder is responsible for installation of sidewalk. 2. Developer's column for Item C represents two percent (4%) cost for construction inspection fees and materials testing less 10% for contingency cost. (*) Represents City participation for construction fees based on actual cost. 3. City not preparing plans and specifications. 4. Street lights to be installed by Tri-County Electric Co-op. 2001176-10 TPW CFA 04-0528-Lost Creak Ranch N Add SUMMARY OF COST Lost Creek Ranch North II Addition Phase I Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $467,343.80 $ 467,343.80 2. Storm Drainage $147,797.80 $ 147,797.80 3. Street Lights $2,808.00 $ 2,808.00 4. Street Name Signs $700.00 $ 700.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 24,605.66 —24,605.66 TOTALS $ 643,255.26 $ - $ 643,255.26 CFA CODE: 4 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 anti said Developer has executed this instrument in triplicate, at Fort Worth, Texas this theTr&day of ' 2004. Approval Recommended: Transportation and Public Works O Department contract Authorizatiox Gs i �t�. Robert toode, P. E. Director ATTEST: City Of Fort Worth By: &--C ' - M �y �� >, Marc Ott City Secretary Assistant City Manager Approved as to Form: Assistant City Attorney ATTEST: DEVELOPER The Ranches North III, Ltd. By: DLH, JR. Land Company A Texas Corporation Corporate Secretary Ge ral artner By: D.L. Hudgins, Jr. President 2001176-10 TPW CFA 04-0528.doc 5 R Elf. DAY Sweets Chapel P OJP Cemetery f- L Z w Q � r r A ZZ J � o � WESTP❑R PKWY KELLER - HASLET - R❑AN❑KE L4 w U J VICINITY MAI' LOST CREEK RANCH NORTH II ADDITION PHASE I � ;1�,1 1 , = 2000' �p�}�� u U �U :N7Al��F"?CUTVB, I... FORE WORTH, TOM L I wr. I�araRet.I.oIcr�I I ruI vI aFr " II � 28 F—F PROPOS S PROPOSED 6" PAVT.N 28'F—F 6'PAVNG RACrC r sA mr r3e PROPOSED 28'F—F 6"PAVNG P PROPOSED 28' F—F 6" PAVNG I � � uRusr I ,°lei -N- EXHIBIT "B" 4W PAVING DUNAIIAY ASSOCIATES.Inc. LEGEND ENODIEERS -Y -SURVEYORS S'IIeCX OANNf-TB F-F LOST CREEK RANCH NORTH 11 ADDITION PHASE I SCALE: I" = 300' FORT WORTH,TEXAS EARTHEN 42" HDWL PROPOSED CHANNEL 42" RCP PROPOSED " 10' INLET " I " eAAxwA LeV.31M' mAcr r _ Nn/e aA.ccr. 9Aa LAMCS 12 , ory pr NA,r:am vc r ra � PROPOSED mar�x>w a.a.ccr RCP" EARTHEN 42P� CHANNEL 42" HDWL PROPOSED PROPOSED 10' INLET30" RCP &VAN"Rm lAGSl O OSED " } LET - uei Ami EARTHEN CHANNEL " - m " PROPOSE 30" RCPT 3 , ee - —N_ 30" HD 1� - • " " SCALE: 1" = 300' LEGEND EXHIBIT "B-1" PROPOSED SRA'W DRAIN 3 MV STORM DRAIN SYSTEM DUNAWAY ASSOCIATES.Inc. LOST CREEK RANCH NORTH II ADDITION PHASE I ENGINEERS LOST PLANNERS—SURVEYORS ®CAISRNG S700W GRAIN&MLEr PORT W...TIXA3 SECTION C - DRAINAGE IMPROVEMENTS PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 1. 63 LF 21-inch storm drain pipe(Class III RCP)(complete in place with trench excavation and trench compaction Thirty-eight Dollars and No Cents per LF $ 38.00 $ 2,394.00 2. 20 LF 24-inch storm drain pipe(Class III RCP)(complete in place with trench excavation and trench compaction Forty-one Dollars and No Cents per LF $ 41.00 $ 820.00 3. 438 LF 30-inch storm drain pipe(Class III RCP)(complete in place with trench excavation and trench compaction Fifty-six Dollars and No Cents per LF $ 56.00 $ 24,528.00 4. 28 LF 39-inch storm drain pipe(Class III RCP)(complete in place with trench excavation and trench compaction Ninety Dollars and No Cents per LF $ 90.00 $ 2,520.00 5. 460 LF 42"-inch storm drain pipe(Class III RCP)(complete in place ' with trench excavation and trench compaction Ninety-five Dollars and No Cents per LF S 95.00 S 43,700.00 6. 5 EA Standard 10-foot curb inlet(complete in place) Two Thousand Dollars and No Cents per EA S 2,000.00 $ 10,000.00 7. 1 EA 4-foot storm drain manhole(complete in place) Two Thousand Four Hundred Dollars and No Cents per EA $ 2,400.00 $ 2,400.00 8. 2 EA 30-inch Type"B"headwall(complete in place) One Thousand Five Hundred Dollars and No Cents per EA $ 1,500.00 $ 3,000.00 9. 1 EA 42-inch Type"A"sloped headwall(complete in place) Two Thousand Six Hundred Dollars and No Cents per EA S 2,600.00 $ 2,600.00 fff 10. 1 EA 42"Type"B"headwall(complete in place) Two Thousand Four Hundred Dollars and No Cents per EA $ 2,400.00 S 2,400.00 11. 213 SY 12-inch—18-Inch grouted rock rubble rip-rap(complete in place) Fifty Dollars and No Cents per SY S 50.00 $ 10,650.00 r I �U n 200117610_specs_LostCreek_PartB_04-06 JWM.doc f ,elk SECTION C - DRAINAGE IMPROVEMENTS PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 12. 207 SY 18-inch—24-inch rock rubble rip-rap(complete in place) Fifty Dollars and No Cents per SY $ 50.00 $ 10,350.00 13. 965 CY Unclassified earthen channel Five Dollars and No Cents per CY S 5.00 $ 4,825.00 14. 264 SY Gabion mattress with 88 CY of 4"—6"rock rip rap(complete in place)(146 SY @ storm drain line'B'and 118 SY @ storm drain line'C') One Hundred Dollars and No Cents per SY $ 100.00 S 26,400.00 15. 1,009 LF Trench safety None Dollars and Fifty Cents per LF $ 0.50 S 504.50 16. 1,009 LF Trench backfill density testing None Dollars ' and Seventy Cents per LF $ 0.70 $ 706.30 SUBTOTAL UNIT II, SECTION C-DRAINAGE IMPROVEMENTS $ 147,797.80 if pyOl :`J�:�fl1 G10 2001176-10 Specs_LoslCreek_PartB—04-06—JWM.doc B-6 i u d SECTION D - PAVING IMPROVEMENTS PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 1. 18,460 SY 6-inch lime stabilized subgrade One Dollars and Twenty-five Cents per SY S 1.25 S 23,075.00 2. 277 TN Lime @ 30 lbs./SY Eighty-eight Dollars and No Cents per TN $ 88.00 $ 24,376.00 3. 17,876 SY 6-inch concrete pavement(complete in place with silicone joint sealing and 7-inch curb) Eighteen Dollars and Fifty-five Cents per SY $ 18.55 $ 331,599.80 4. 1 LS Testing for paving Six Thousand Dollars and No Cents per LS $ 6,000.00 $ 6,000.00 5. 31 SY 3/:'crushed stone(private drive) Fifteen Dollars and No Cents per SY $ 15.00 $ 465.00 6. 238 SY 4-foot sidewalk(complete in place)(adjacent to Valley Ranch Road) Twenty-six Dollars and No Cents per SY $ 26.00 $ 6,188.00 7. 265 SY 5-foot sidewalk(complete in place)(adjacent to retaining wall along Fontana Road) Twenty-six Dollars and No Cents per SY $ 26.00 $ 6,890.00 8. 1 LS Retaining wall(2,492 sf/f)(complete in place)Fontana Road Dollars and Cents per $ 68,750.00 $ 68,750.00 SUBTOTAL UNIT II, SECTION D—PAVING IMPROVEMENTS $ 467,343.80 2001176-10 sperm LostCreek PartB 04-06 JWM.doc B -7 4g i FINAL BID SUMMARY SECTION A—WATER IMPROVEMENTS $ 167.918.10 SECTION B—SEWER IMPROVEMENTS $ 199,668.10 SECTION C— DRAINAGE IMPROVEMENTS $ 147,797.80 SECTION D—PAVING IMPROVEMENTS $ 467.343.80 BONDS $ 17,500.00 TOTAL AMOUNT BID $ 1,00 ,227.80 Within ten (10) days 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 undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Project 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 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 terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 1_calendar days after issue of the work order, and to complete the contract within 12 V working days after beginning construction as set forth in the written work order to be furnished by the Owner. Receipt is acknowledged of the following addenda: Addendum No. 1 Respectfully submitted, Addendum No. 2 Addendum No. 3 BurnsCo Construction Inc. (SEAL) If bidder is Corporation By: N'� • Name: John D. Burns Title: President 4200 S. Hulen Street, Suite 513 Fort Worth, Texas 76109 (817)738-3200 (Address &Telephone Number) �' 27 i ^•� 1 fig /' :: 200117O ��i ✓1:�'�� ui7 610 Specs LostCreek PartB 04-06 JWM.doc B- O PROPOSED STREET SIGN STREET LIGHT I - I I cid yb PROPOSED II Ty�b`VT8 STREET LIGHT PROPOSED STREET LIGHT I , I I „ i dAFeA A UNcs - 'A- 12M A NIL. Pod _ &IRFAFA L.v+GSNV tT650.PC 1518 FVtlRC 0.F.TGT. I , GTY a T MRM , T PARK STREET SIGN STREET SIGN uuT eaau » » 1 lAMQ(NOITH R PHASE H m-� - » _ ED PL20POT LIGHT _ -N- j 1 PROPOSED t L �LE �i _ _ STREET LIGHT � i SCALE: t" = 300' EXHIBIT "C" �- STREET LIGHTS & STREET SIGNS DLINAWAY ASSOCIATES,lnc. ®PROPOSED SNEET 57W LOST CREEK RANCH NORTH II ADDITION PHASE I ENGINEERS - PLANNERS - SURVEYORS PROPOSED SHEET LIGHT FORT WORTH,TEXAS III. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 6 EA $ 0 , 000 $00, 000 .00 MID-BLOCK RESIDENTIAL 6 EA $ 0, 000 $00, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 6 EA $ 0, 000 $00, 000 .00 MID-BLOCK COLLECTOR 0 EA $ 0, 000 $ --0-- MID-BLOCK ARTERIAL PARKWAY 0 EA $ 0, 000 $ --0— MID-BLOCK ARTERIAL MEDIAN 0 EA $ 0, 000 $ __0__ RELOCATE EXISTING LIGHT 0 EA $ 0, 000 $ --0-- 0 (200 watt lights) x $7 . 05 (per light) x 24 months = $00, 000 . 00 17 (100 watt lights) x $6.50 (per light) x 24 months = $2, 808.00 Total: $2, 808.00 The Street Lights will be installed by TRI County Electric Cooperative the developers initial 24- month power charge will be $2, 808 .00. After the initial 24-month power charge the City of Fort Worth, WILL ASSUME THE POWER COST. LOST CREEK RANCH NORTH II ADDITION, PHASE I June 16, 2004 Fort Worth, Texas July 7, 2004 PAGE I 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 a-Fter final acceptance of the street construction, in accordance 1=h engineering plans and specifications approved by the Transport&,__,Dn 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- 4nch 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 .cxl- COUNTY ELECTRIC COOPERATIVE, after the initial two year cost the City of Fort Worth, will assume the power cost. 8 . 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 $2, 808.00 LOST CREEK RANCH NORTH II ADDITION, PHASE I June 16, 2004 Fort Worth, Texas June 16, 2004 PAGE II OF EXHIBIT C "STREET LIGHTS" INTERSECTIONS MEDLIN RANCH RD & VALLEY RANCH RD 1 MEDLIN RANCH RD & COURT C 1 MEDLIN RANCH RD & COURT B 1 LOST SPURS RD & STREET A 1 LOST SPURS RD & COURT A 1 FOUNTAIN RD & STREET A 1 MID - BLOCK VALLEY RANCH RD 2 STREET A 1 COURT C 1 FONNTAIN RD 2 CHANGE OF DIRECTIONS VALLEY RANCH RD 1 LOST SPURS RD 1 FOUNTAIN RD 1 COURT C 1 COURT B 1 COURT A 1 LOST CREEK RANCH NORTH II ADDITION, PHASE I 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 seven (7) intersections at a cost to the Developer of $700.00 : Lost Spurs Rd & Fontana Rd Lost Spurs Rd & Court A Lost Spurs Rd & Street A Fontana Rd & Street A Modlin Ranch Rd & Valley Ranch Rd Modlin Ranch Rd & Court B Modlin Ranch Rd & Court C Lost Creek Ranch North II Addition - Phase 1 CFA code : 2004085 Date: June 18, 2004 1V 1 5 r C?I