HomeMy WebLinkAboutContract 30018 � J
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary l
COUNTY OF TARRANT § Contract No. �1
WHEREAS, Lumbermen's Investment Corporation, hereinafter called
"Developer", desires to make certain improvements to The Parks of Deer Creek,
Section 3, 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 W. 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 in stye s >
administered in conformance with paragraph 8, Section II,,o �
r� HMO Uy':.
CFA THE PARKS OF DEER CREEK SECTION 3
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 nekliRence 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.
.ct
CFA THE PARKS OF DEER CREEK SECTION 3
H. Water and Wastewater Facilities:
A. Developer shall install, at its expense, the proposed water line(s), fire
line(s) and/or meters as shown on Exhibit A, the estimated cost of which is
$160,303. The City agrees to record the location of each said service line
in respect to the corner of the lot served, and to retain said records in its
possession.
B. Developer shall install sanitary main as shown on Exhibit A-1, the
estimated cost of which $117,756. The Developer and the City shall share
the cost of this facility. The City agrees to record the location of each
said service line in respect to the corner of the lot served, and to retain said
records in its possession.
C. The distribution of estimated construction cost between the City and the
Developer as stated herein for all water and sanitary sewer facilities to be
constructed hereunder is estimated as follows:
CFA THE PARKS OF DEER CREEK SECTION 3
PROJECT NAME: PARKS OF DEER CREEK SECTION 3
(1) WATER FACILITIES :
Estimated *'
Developer Estimated Total
Cost City Cost Cost
(a) Mains, Within
Development $ 120,187 $ 29,016 $ 149,203
Approach $ -0- $ -0- $ -0-
(b) Easements* $ -0- $ -0- $ -0-
(c) Services
80 - single 1") $ 11,100 $ -0- $ 11,100
(d)Park Participation $ -0- $ -0- $ -0-
Sub-Totals, Water $ 131,287 $ 29,016 $ 160,303
(2) SANITARY SEWER FACILITIES:
(a) Development $ 92,933 $ 823 $ 93,756
Approach $ -0- $ -0- $ -0-
(b) Easements * $ -0- $ -0- $ -0-
(c) Services ( 158 -4") $ 24,000 $ -0- $ 24,000
(d)Park Participation $ -0- $ -0- $ -0-
Sub-Totals, Sewer $ 116,933 $ 823 $ 117,756
(3) TOTAL
CONSTRUCTION COST: $ 248,220 $ 29,839 $ 278,059
(4) CONSTRUCTION
INSPECTION'FEE : $ 4,964 $ 597 $ 5,561
*to be dedicated by the developer.
** see Page 1-4 for City Cost
CFA THE PARKS OF DEER CREEK SECTION 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, 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 $859,011.00.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $ 306,654.00 $ - $ 306,654.00
2. Storm Drainage $ 374,527.00 $ 137,270.00 $ 511,797.00
3. Street Lights $ 4,500.00 $ 13,500.00 $ 18,000.00
4. Street Name Signs $ - $ 700.00 $ 700.00
B. Engineering Design $ - $ 8,236.00 $ 8,236.00
C. Construction Engineering
and Management by DOE 2% $ 13,624.00 M $ 13,624.00
TOTALS $ 699,305.00 $ 159,706.00 $ 859,011.00
City's participation is for over-sized storm drain, installation of underground conduit and
pole bases for street lights, and street signs.
Notes:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
Sidewalk cost is included under street cost. The developer is responsible for
installation of sidewalk.
2. Developer's column for Item C represents two percent (2%) cost for construction
inspection, and materials testing. (*) Represents City participation for construction
fees based on actual cost.3. City not preparing plans and specifications.
CFA THE PARKS OF DEER CREEK, SECTION 3
-AW
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 quadruplicate, at Fort Worth, Texas this the of
2004
Approval Recommended:
Water Department Transportation and Public Works
Department
Dale Fisseler,11. t Robe Goode, P. E.
Director Director
ATTEST: City Of Fort Worth
&'4� ziC'w' B y.
Marc O
City Secretary Assistant City Manager
Approved as to Form:
Contract Authorization
Ll
Assistant City Attorney Date
ATTEST: DEVELOPER:
Lumbermen's Investment
Corpo,Ttion
By: ' tiYN ,
Corporat Secretary 6ary W. c ee, Vice President
CFA THE PARKS OF DEER CREEK SECTION 3
E. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 4 EA $ 2, 000 $8 . 000 . 00
MID-BLOCK RESIDENTIAL 1 EA $ 2, 000 $2 , 000 . 00 .
CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2, 000 $8, 000 . 00
MID-BLOCK COLLECTOR 0 EA $ 2, 000 $--0--
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2,800 $--0--
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2,800 $__0__
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $__0__
Subtotal $18 , 000 . 00
City' s Cost $13 , 500 . 00
Developer' s Subtotal $0 , 000 . 00
10% Contingencies $0, 000.00
Project Total $18 . 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"
THE PARKS OF DEER CREEK
SECTION III
September 30, 2002
Fort Worth, Texas _
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.
THE PARKS OF DEER CREEK, SECTION III
lw
III- 2
"STREETLIGHTS"
INTERSECTIONS
RICHMOND PARK DR & DEER TRAIL 1
AUTUMN PARK DR & DEER TRAIL 1
AUTUMN PARK DR & WATERBURY DR 1
AUTUMN PARK DR & HICKORY HILL CT 1
MID - BLOCK
RICHMOND PARK DR 1
CHANGE OF DIRECTIONS
RICHMOND PARK DR 1
AUTUMN PARK DR 1
DEER GLEN TRL 1
DEER TRAIL 1
THE PAEKS OF DEER CREEK, SECTION III
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 seven (7) intersections at
a cost to the City of $700. 00 :
Richmond Park Lane and Deer Glen Trail
Richmond Park Lane and Deer Trail
Autumn Park Drive and Deer Glen Trail
Autumn Park Drive and Hickory Hill Court
Autumn Park Drive and Deer Trail
Autumn Park Drive and Waterbury Drive
Deer Trail and Deer Trail
THE PARKS OF DEER CREEK Y
SECTION III
Fort Worth, Texas
IV-1
a.r
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 seven (7) intersections at
a cost to the City of $700. 00 :
Richmond Park Lane and Deer Glen Trail
Richmond Park Lane and Deer Trail
Autumn Park Drive and Deer Glen Trail
Autumn Park Drive and Hickory Hill Court
Autumn Park Drive and Deer Trail
Autumn Park Drive and Waterbury Drive
Deer Trail and Deer Trail
THE PARKS OF DEER CREEK
SECTION III
Fort Worth, Texas
IV-1
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THE PARKS OF DEER CREEK
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LUMBERMEN'S INVESTMENT CORPORATION
5495 BELTLINE ROAD. SUITE 225
PALLAS, :TEXAS 75254
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/11/2004
DATE: Tuesday, May 11, 2004
LOG NAME: 20PARKS OF DEER REFERENCE NO.: C-20075
SUBJECT:
Community Facilities Agreement with Lumbermen's Investment Corp. for the Installation of
Community Facilities for the Parks of Deer Creek, Section 3
RECOMMENDATION:
It is. recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Lumbermen's Investment Corp. for the installation of community facilities for the Parks of
Deer Creek, Section 3.
DISCUSSION:
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
drainage, lights and signs facilities.
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.
Lumbermen's Investment Corporation, the developer of The Parks of Deer Creek, Section 3, has executed
a proposed contract for community facilities to serve an 82-lot single-family development located in
southwest Fort Worth, south of Alta Mesa Boulevard and west of 1-35 (see attached map). This
development has five (5) interior streets. The developer is responsible for the installation of sidewalks
along the entire development. There is no City participation for paving improvements. The City's
participation is for over-sized storm drain improvements.
There will be nine (9) street lights installed. The City is responsible for installation of bases and
underground conduit. Seven (7) street name signs will be installed at total cost to the City.
There will be City participation for oversizing water and sewer piping. Development in the area will benefit
from this oversizing.
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 DEVELOPER CITY TOTAL
Water $131,287.00 $29,016.00 $160,303.00
Sewer $116,933.00 $823.00 $117,756.00
Design Engineering n/a $0.00 $0.00
Loename: 20PARKS OF DF.F,R D.,,.,. , r�
Construction Insp. Fee $4,964.00 $597.00 $5,561.00
Street Improvements $306,654.00 $0.00 $6,654.00
Design Engineering n/a $0.00 $0.00
Construction Insp. Fee $6,133.00 $0.00 $6,133.00
Storm Drain Improvement $374,527.00 $137,270.00 $511,797.00
Design Engineering $0.00 $8,236.00 $8,236.00
Construction Insp. Fee $7,491.00 (') $7,491.00
Street Lights $4,500.00 $13,500.00 $18,000.00
Street Name Signs $0.00 $700.00 $700.00
TOTAL ESTIMATED COST $952,489.00 $190,142.00 $1,142,631.00
The City's portion of construction inspection fees are calculated based on actual street and storm drain
construction cost over the 2% paid by developer, as per the CFA policy, and are not inlcuded in this Mayor
and Council Communication.
Plan Commission Approval - on December 30, 2002, the Plan Commission approved final plat FP-002-
068 for the Parks of Deer Creek, Section 3.
This development is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets as appropriated, of the
Water and Sewer Capital Projects Fund and the Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C115 541200 020115136406 $137,270.00
C115 531200 020115136406 $8,236.00
C115 541200 020115136801 $13,500.00
C115 541200 020115136802 $700.00
P161 539140 06016115120 $29,016.00
P171 539140 070171131570 $823.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Raquel Velasquez (7905)
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