HomeMy WebLinkAboutContract 31812 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary n
COUNTY OF TARRANT § Contract No. \�-
WHEREAS, Lumbermen's Investment Corporation, hereinafter called
"Developer", desires to make certain improvements to Parks of Deer Creek Section 4C,
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 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.
Parks of Deer Creek Sec. 4C-New CFA 4% and Utilities 04 04 05
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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
damaees are caused, in whole or in part, by the allezed nejelikence 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
Parks of Deer Creek Sec. 4C-New CFA 4% and Utilities 04 04 05
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, 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, BI,
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 $326,940.12.
Parks of Deer Creek Sec. 4C-New CFA 4% and Utilities 04 04 05 T,.. �,
SUMMARY OF
COST
Parks of Deer Creek Section
4C
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $267,112.50 267,112.50
2. Storm Drainage $29,753.00 29,753.00
3. Street Lights $17,600.00 17,600.00
4. Street Name Signs $600.00 600.00
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 11,874.62 11,874.62
TOTALS 326,940.12 $ - 326,940.12
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.
(, r, L�YE
1 1
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Parks of Deer Creek Sec. 4C-Nero•CFA 4% and Utilities 04 04 05
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 jody of
2005.
Approval Recommended:
Transportation and Public Works
Department
Robert oode, P. E.
Director
f
y o Warc Ott
NO M&C REC'T*° .� Assistant City Manager
ATTEST:
N), L—'k
Marty Hendrix
City Secretary
Appro d as to Fo �
ssis ant it Attorney
Lumbermen's Investment
ATTEST: DEVELOPER
By:
W� W
Y
Corporate Secretary Gary tee, Vice President
l `L�Jcr, v �a',
Parks of Deer Creek Sec. 4C-New CFA 4% and Utilities 04 04 05 v��
ENGINEER'S OPINION OF PROBABLE COST
LUMBERMEN'S INVESTMENT CORPORATION
THE PARKS OF DEER CREEK SECTION IVC-FORT WORTH,TEXAS
PAVING CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
1 . 11,175 SY Furnish&Install Six-inch 3,000 PSI Reinforced Concrete Paving,
including 7-inch curb,complete in place,
for Twenty dollars
and No cents per Square Yard S 20.00 $ 223,500.00
2. 11,950 SY Perform Lime Stabilized Subgrade Preparation,
complete in place,
for One dollars
and Seventy-Five cents per Square Yard $ 1.75 $ 20,912.50
3 . 179 TON Furnish Hydrated Lime(30lbs/SY)for Subgrade Stabilization,
for One Hunderd dollars
and No cents per Ton $ 100.00 $ 17,900.00
4 . 8 EA Furnish&Install Barrier Free Ramps,
as detailed on plana,complete in place,
for Six Hundred dollars
and No cents per Each $ 600.00 $ 4,800.00
5 6,070 LF Furnish&Install 4'Reinforced Concrete Sidewalk,complete in place,
for Ten dollars
and No cents per Each $ 10.00 $ 60,700.00
PROBABLE COST FOR THE PARKS OF DEER CREEK SECTION 1VC PAVING $ 267,112.50
(Unit prices are to be shown in both wade and figures. In can of diseepa cy,the unit price in writing will prevail. Prices listed above are the only cotoPmatim to be
made. All item,if work is required to complete the work m shown in the plans and a specified,whine are not listed as a pay item in this proposal,are considered
subsidiary to the item and the cast of the subsidiary work ahadd be included.)
Contractor
Authorized Signature
Date
Note:Sidewalks along Boulder Ridge Drive to be constructed with Parks of Deer Creek Section 4A,File M-1164.
ENGINEER'S OPINION OF PROBABLE COST
LUMBERMEN'S INVESTMENT CORPORATION
THE PARKS OF DEER CREEK SECTION IVC-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
STORM SEWER ITEMS
11 _ 77 LF Furnish&Install 21-inch Reinforced Concrete Pipe,including
excavation,embedment and backfill,complete in place,
for Forty dollars
and No cents per Linear Foot S 40.00 f 3,080.00
12 195 LF Furnish&Install 30-inch Reinforced Concrete Pipe,including
excavation,embedment and backfill,complete in place,
for Fifty dollars
and No cents per Linear Foot f 50.00 S 9,750.00
13 . I EA Furnish&Install 30-inch Sloping Headwall,including
excavation,embedment and backfill,complete in place,
for Inc 71inusand dollars
and No cents per Each S 1,000.00 S 1,000.00
14 415 LF Grade outfall swale as detailed in plans,complete in place,
excluding seeding and fertilizing,
for Eleven dollars
and No cents per Linear Foot S 1500 S 6,2250)
13 3 EA Furnish&Install 10-Foot Standard Curb Inlet,including
excavation,backfill and materials,complete in place,
for Two Thousand dollars
and No cents per Each S 2,000.00 S 6,000.00
14 17 CY Furnish&Install Stone Rip-Rap.
for Severity dollars
and No cents per Each S 70.00 $ 1,190.00
15 1 EA Furnish&Install 4x4'Manhole,including excavation,
backfill and materials,complete in place,
for Two Thousand dollars
and No cents per Each S 2,000.00 S 2,000.00
16 l LS Design of Trench Safety System including sheeting,shoring and/or bracing
for One Hundred dollars
and No cents per Lump Sum S 100.00 S 100.00
17 272 LF Implementation of Trench Safety system including sheeting,shoring,
and bracing,complete in place,
for One dollars
�s 11� .�
and Fifty cents per Linear Foot S 1.50 {^ C6 V V
SUBTOTAL STORM SEWER ITEMS S �9 759.A0 "�Q"'7
�, a GO,
ENGINEER'S OPINION OF PROBABLE COST
LUMBERNEN'S INVESTMENT CORPORATION
THE PARKS OF DEER CREEK SECTION IVC-FORT WORTH,TEXAS
PAVING CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item v ith Total Unit Price Written in Words Unit Price Amount
1 6,070 LF Fumish&Install d'Reinforced Concrete Sidey%alk,complete in place,
for Ten dollars
and No cents per linear foot $ 10.00 $ 60,700.00
PROBABLE COST FOR THE PARKS OF DEER CREEK SECTION INC SIDEWALK $ 60,700.00
(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
made .All items,if work is required to complete the work as shown in the plans and as specified,which are not listed as a pay item in this proposal,are considered
subsidian to the item and the cost of the subsidiary work should be included I
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III. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 3 EA $ 2, 000 $6, 000 . 00
MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 3 EA $ 2, 000 $6, 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 $16, 000.00
City' s Cost $00, 000 . 00
Developer's Subtotal $16, 000.00
10% Contingencies $1, 600 .00
Project Total $17, 600 .00
Adjacent Developer's Cost $0, 000.00
Developer's Cost $17, 600.00
2% Inspection Fee $0, 00.00
DEVELOPER'S COST: $17, 600. 00
(Revised 4-22-04)
THE PARKS OF DEER CREEK, SECTION IV-C
March 29, 2004
Fort Worth, Texas
April 22, 2004
PAGE 1 OF Exhibit C
z i!0 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 City will install all 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 its design effort.
4 . Streetlights on arterial streets shall be installed with underground
conduit and conductors .
S. 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 streetlight installation is detailed on
exhibit C and is summarized below, the streetlights will remain the
property of, and will be maintained by the City of Fort Worth.
DEVELOPER'S COST: $17,600.00
THE PARKS OF DEER CREEK, SECTION IV-C
March 29, 2004
FORT WORTH, TEXAS
Page 2 of Exhibit C
"STREET LIGHTS"
INTERSECTIONS
WHISPERING BROOK LANE & SANDY CREEK DR 1
BEECHGROVE TERRACE & SANDY CREEK DR 1
BEECHGROVE TERRACE & BOULDER RIDGE DR 1
MID-BLOCK
CRESCENT CREEK LANE 2
CHANGE OF DIRECTIONS
WHISPERING BROOK LANE 1
SANDY CREEK DR 1
BOULDER RIDGE DR 1
THE PARKS OF DEER CREEK, SECTION IV-C
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 six (6) intersections at a
cost to the Developer of $600.00 :
Crescent Creek Lane & Boulder Ridge Dr
Crescent Creek Lane & Whispering Brook Lane
Beechgrove Ter & Whispering Brook Lane
Beechgrove Ter & Sandy Creek Dr
Beechgrove Ter & Boulder Ridge Dr (Needs to be Ct)
Sandy Creek Dr & Whispering Brook Lane
The Parks of Deer Creek 4C
CFA code: 2004027 Date: March 24, 2004
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