HomeMy WebLinkAboutContract 33173 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary �
COUNTY OF TARRANT § Contract No.3 /�J
3
WHEREAS, Riverbend Investment II, hereinafter called "Developer", desires to
make certain improvements to Lakes of River Trails South Phase V, 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:
For and in consideration of the covenants and conditions contained herein, the City and
the Developer 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. t
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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 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.
2 _ , _
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, 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 $275,042.00.
3 � '
SUMMARY OF COST
Lakes of River Trails South Phase V
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $152,624 $152,624
2. Storm Drainage $73,594 $73,594
3. Street Lights $11,000 $33,000 $44,000
4. Street Name Signs $0 $300 $300
B. Engineering Design $0
C. Construction Engineering
and Management by DOE 2% $4,524 $4,524
TOTALS $241,742 $33,300 $275,042
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.
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 said Toper
has executed this instrument in triplicate, at Fort Worth, Texas this the day of
, 204P
RECEIVED
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
ity rt Wo
r
crtract Aut oriz ion
�
Marc Ott
Date Assistant City Manager
ATTEST: /
Marty endrix
City Secretary
UUU DEVELOPER:
Appr e as to Form:
Riverbend Investment II, Ltd.
A Texas Limited Partnership
Assist y At rney RBE Investment, Corporation
Its General Partner
ATTEST:
B�Q
Corporate Secretary Kenneth ewell, President
5 )
Ul",
GSWW, Inc. OPINION OF PROBABLE COST
Civil/Environmental Engineers&Planners
3950 Fossil Creek Blvd.,Suite 210,Fort Worth,Texas 76137 OWNER: Rlverbend Investment II,
817-306-1444;fax 817-306-1555 Ltd.
PROJECT: DATE: February 17,2003
Lakes of River Trails, South Ph V
BY: Gregory W.Dickens,P.E.
PROJECT DESCRIPTION: GSWW#0288-015
Border Street Assessment Calculations:
Precinct Line Rd.—225 feet of Frontage
(1/2 of future 2-27'F/F divided roadway sections in a 100'ROW)
ITEM I TOTAL UNIT
NO. DESCRIPTION OF UNIT UNIT QUANTITY PRICE COST
Phase V 225 feet of frontage
1 Unclassified Street Excavation 1/2 of 1.5 CY per LF C.Y. 169 $1.55 $261.64
2 6"Thick Lime Stabilized Sub rade S.Y. 725.0 1.50 1,087.50
3 Lime for Stabilization (30#/SY) Tons 1 10.9 97.00 1,057.30
4 7"Concrete Curb L.F. 450 2.00 900.00
5 6" Reinforced Concrete Pavement S.Y. 675.0 18.40 12.420.00
Subtotal: 15,726.44
Total Opinion of Probable Construction Cost $15;726.44
aqt This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and bestjudgment as a design
professional. The engineer has no control over the cost of labor material or services to be furnished by others or over market conditions.
GSWW.Inc.cannot guarantee that actual costs will not vary from the opinions expressed herein.
server2k\$project10288-0151Cost Estimates for Precinct Line Rd.2-17-03
Lakes of River Trails South, Phase V
Item No. Description Qt /Unit Unit Price Amount
.. . :PAVING
1. 6-Inch Concrete Paving 6,485 SY 18.95 $ 122,890.75
2. 6-Inch Stabilized Subgrade 6,681 SY 1.65 $ 11,023.65
3. Hydrated Lime 100 Ton 97.00 $ 9,721.34
4. 7-Inch Integral Curb 3,519 LF 2.00 $ 7,038.00
5. jAdjust Manholes 6 jEA 300.00 $ 1,800.00
6. jAdjust Water Valve Box 1 JEA 1 150.00 $ 150.00
TOTAL - PAVING. . . . . . . . . $ 152,623.74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
II STORM`DRAIAIAGE I=ACILITIES
7. 42-Inch RCP Pie 76 LF 101.00 $ 7,676.00
8. 36-Inch RCP Pie 279 LF 77.70 $ 21,678.30
9. 24-Inch RCP Pie 148 LF 45.60 $ 6,748.80
10. Connect to Existing 42-Inch stub 1 EA 250.00 $ 250.00
11. 15-Foot Curb Inlet 6 EA 3,815.00 $ 22,890.00
12. 1 Std. Headwall for 36-inch RCP 1 EA 1,650.00 $ 1,650.00
13. 1 Std. Headwall for 36-inch RCP w/energy dissipaters 1 EA 2,325.00 $ 2,325.00
14. 5-Foot Square Manhole 1 EA 5,300.00 $ 5,300.00
15. Rock Rip-Rap 64 SY 75.00 $ 4,800.00
16. Trench Safety 1 ILS 1 275.90 $ 275.90
TOTAL -STORM DRAINAGE FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 73,594.00
WATER,fAOLITtES �Y$ ;
,
17. 8-Inch DR-14 PVC Pipe 936 LF 13.90 $ 13,010.40
18. Connect to Existing 8-Inch 2 EA 350.00 $ 700.00
19. 1-Inch Water Service 33 EA 355.00 $ 11,715.00
20. Cast Iron Fittings & Blocking 1 LS 375.00 $ 375.00
21. Testing 1 JEA 1 1,050.00 $ 1,050.00
22. Trench Safety 1 JEA 1 275.60 $ 275.60
TOTAL -WATER FACILITIES . . . . $ 27,126.00
. . . . . . . . . . . . . . . . . . . . .
IT:` SANITARY SEWER FACILITIESx 4, �
r P
23. 18-Inch PVC Pie 90 LF 25.10 $ 2,259.00
24. 8-Inch PVC Pipe 70 LF 12.80 $ 896.00
25. Connect to Existing 18-Inch 1 EA 450.00 $ 450.00
26. Connect to Existing 8-Inch 1 EA 450.00 $ 450.00
27. JStd. 4-foot Dia. Manhole 2 EA 2,130.00 $ 4,260.00
28. 4-Inch Sanitary Sewer Service w/Two Way Clean Out 8 EA 450.00 $ 3,600.00
29. Testing 1 EA 700.00 $ 700.00
30. Trench Safety 1 EA 275.00 $ 275.00
31. Bonds 1 EA 3,300.00 $ 3,300.00
32. 1 Lab 1 EA 2,750.00 $ 2,750.00
TOTAL - SANITARY SEWER FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,940.00
E. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 8 EA $ 2, 000 $16, 000 . 00
MID-BLOCK RESIDENTIAL 10 EA $ 2, 000 $20, 000 .00
CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2 , 000 $8, 000 . 00
MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 200 $0, 000 . 00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2 , 200 $0, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $44, 000 . 00
City' s Cost $33, 000 . 00
Developer' s Subtotal $0, 000 . 00
10% Contingencies $0, 000 . 00
Project Total $44, 000 . 00
Adjacent Developer' s Cost $0, 000 .00
Developer's Cost $0,000.00
2% Inspection Fee $0, 00 . 00
Developer's Responsibility See PG
III-1, "Line 7"
LAKES OF RIVER TRAILS SOUTH
PHASE V
March 11, 2003
Fort Worth, Texas March 11, 2003
III- 1
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 . Streetlights on arterial streets shall be installed with underground
conduit and conductors.
4 . The Developer shall provide for the installation of a 2-inch
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" .
S . 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 . Street light conduit and footings shall be installed by the
developer's contractor as part of and at the time of street
construction. The city will obtain electric service and complete the
street light construction in accordance with approved plans.
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) 871-8100 to insure proper inspection of
work.
9 .The procedure for installing conduit and footings will be with the
inspector on the job site or you can request a copy by calling 817-
871-6596 .
LAKES OF RIVER TRAILS SOUTH, PHASE V
March 11, 2003
III- 2
"STREETLIGHTS"
INTERSECTIONS
WINDING RIVER DR & RIVERS EDGE DR 1
WINDING RIVER DR & RUSHING SPRING DR 1
WINDING RIVER DR & STREET A 1
AUTUMN FALLS DR & LAKE FALLS DR 1
RIVERFALLS DR & RUSHING SPRING DR 1
RIVERFALLS DR & STREET A 1
AUTUMN FALLS DR & RUSHING SPRING DR 1
AUTUMN FALLS DR & RIVERFALLS DR 1
MID - BLOCK
WINDING RIVER DR 5
RIVER FALLS DR 5
CHANGE OF DIRECTIONS
LAKE FALLS DR 2
AUTUMN FALLS DR 1
RIVERFALLS DR 1
LAKES OF RIVER TRAILS SOUTH, PHASE V
IV
STREET NAME SIGNS
1. The City 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 City 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 City of $300.00 :
Riverfalls Drive and rivers Edge Drive
Falls Drive and Autumn Falls Drive
Lake Falls Drive and Rushing Spring Drive
LAKES OF RIVER TRAILS SOUTH
PHASE 5
Fort Worth, Texas Date: February 24, 2003
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/18/2005
DATE: Tuesday, October 18, 2005 REFERENCE NO.: C-21096
LOG NAME: 20LAKESRIVERTRS
SUBJECT:
Authorize Execution of a Community Facilities Agreement with Riverbend
Investment 11, Limited by RBE Investment Corporation for the Installation
of Community Facilities for Lakes of River Trails South Phase V
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to
execute a Community Facilities Agreement with Riverbend Investment 11,
Limited for the installation of community facilities to serve Lakes of
River Trails South Phase V.
DISCUSSION:
On April 22,2003, (M&C G-13956)the City Council approved funds in the
amount of$3.28 million to be moved from the Special Assessments Fund to
supplement the 1998 Capital Improvement Program new development funds.
This project was included in the list of the 83 projects submitted to the
City prior to July 29, 2003,when the City Council placed a moratorium on
City participation in community facilities agreements for street, storm
drain, street light and street name signs facilities.' ' Of the 83
projects, two more projects remain which will need City Council approval
for funding.
Riverbend Investment 11, Limited by RBE Investment Corporation, its General
Partner, the developer, has executed a proposed contract for community
facilities to construct public improvements to serve Lakes of River Trials
South Phase V.' ' This subdivision is located in east Fort Worth west of
Precinct Line and north of Trinity Boulevard(see attached vicinity
map).' ' There will be City participation for street lights and street name
signs.
There will be 22 street lights and three street name signs
installed.' ' The developer is responsible for the cost of the installation
of underground conduit and pole bases.' ' Transportation and Public Works
Department(TPW)is participating in the wiring, street light fixtures and
the street name signs.
PLAN COMMISSION APPROVAL On June 28, 2000, the Plan Commission approved
the preliminary plat(PP00021).' ' The final plat(FP-002-155)has been
filed of record on July 3, 2003.' '
This Community Facilities Agreement is in compliance with the City s
Policy for the Installation of Community Facilities.' '
The estimated cost of the community facilities is as follows and subject to
the actual bid price.
ESTIMATED COST DEVELOPER COST TPW TOTAL
Street Improvements $ 152624.00 $ 0.00 $ 152624.00
Design Engineering $ 0.00 $ 0.00 $ 0.00
Construction Inspection Fees $ 3052.00 (*) $ 3052.00
Storm Improvements $ 73594.00 $ 0.00 $ 73594.00
Design Engineering $ 0.00 $ 0.00 $ 0.00
Construction Inspection Fees $ 1472.00 (*) $ 1472.00
Street Lights $ 11000.00 $ 33000.00 $44000.00
Street Name Signs 0.00 $300.00 $300.00
TOTAL $ 241742.00 $ 33300.00 $275042.00
(*)The City's portion of construction inspection fees are calculated based
on actual street and storm drain construction costs over the 2%cap paid by
developer, as per the Community Facilities Agreement policy, in place at
the time of this project.
This project is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that that funds are available in the current
capital budget as appropriated of the Street Improvement Fund.
FUND IDENTIFIERS (FIDs):
TO
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
FROM
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Christa Sharpe (8009)
ATTACHMENTS
1. 20Lakesrivertrs.j12g (Public)