HomeMy WebLinkAboutContract 48035 CITY SECRETARV �?�JY�✓
RECEIVED CONTRACT No.
JM 2 7 2016 COMMUNITY FACILITIES AGREEMENT
CNOFFORTWOM WITH CITY OVERSIZING PARTICIPATION
CRYMMARY
Developer Company Name: FW Bluff Apartments,L.P.
Address,State,Zip Code: 14160 N.Dallas Parkway, Suite 750,Dallas,TX 75254
Phone&Email: 214-393-4100,Priddick@criteriondl2.com
Authorized Signatory,Title: Pretlow Riddick,President
Project Name and Brief Bird St.
Description:
Plat Case Number: NA Plat Name: NA
Mapsco: 63Q Council District: 9 City Project Number: 100386
CFA Number: 2016-031 DOE Number: None
To be completed b ff
Received by: Date: 70
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 1 of 11
COMMUNITY FACILITIES AGREEMENT
WITH CITY OVERSIZING PARTICIPATION
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, FW Bluff Apartments, L.P. ("Developer"), desires to make certain
specific improvements as described below and on the exhibits attached hereto
("Improvements") related to a project generally described as Bird St ("Project") within the
City of Fort Worth, Texas ("City"); and
WHEREAS, the City has reviewed the proposed Improvements and desires to have
the Developer oversize the proposed Improvements to provide capacity for future
development in the area("Oversized Improvements"); and
WHEREAS, the Developer and the City desire to enter into this Community
Facilities Agreement ("CFA" or "Agreement") in connection with the collective
Improvements for the Project; and
WHEREAS, the City has reviewed the Project and desires to participate in the
Project in accordance with this Agreement as presented by the Cost Summary Table and
Exhibits attached hereto and authorized by City Council via M&C C— x7773 on
I ,20j-&-;and
WHEREAS, The City's cost participation shall be in an amount not to exceed
$256,110.00 ("Participation"); and
WHEREAS, the City has requested the Developer to cause, and the Developer
agrees to cause, the design, permitting and construction of the Project for which the City
will, subject to City Council approval, reimburse the Developer for the City's portion of
those costs after City's final acceptance of the Project.
NOW, THEREFORE, for and in consideration of the covenants and conditions
contained herein,the City and the Developer do hereby agree as follows:
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, as amended, is hereby
incorporated into this Agreement as if copied herein verbatim. Developer agrees to
comply with all provisions of said Policy in the performance of its duties and obligations
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 2 of 11
hereunder and to cause all contractors hired by Developer to comply with the Policy in
connection with the work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6, Section II,-
of the Policy and recognizes that there shall be no reduction in the collateral until the
Project has been completed and the City has officially accepted the Improvements.
Developer further acknowledges that said acceptance process requires the
Developer's contractor(s) to submit a signed affidavit of bills paid signed by its
contractor and consent of surety signed by its surety to ensure the contractor has
paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will
provide in writing that the contractor has been paid in full by Developer for all the
services provided under their contract.
C. Developer agrees to cause the construction of the Improvements contemplated by this
Agreement and that said construction shall be completed in a good and workmanlike
manner and in accordance with all City standards and the City-approved construction
plans, specifications and cost estimates provided for the Project and the exhibits attached
hereto.
D. The following checked exhibits describe the Improvements and are incorporated herein:
Water (A) ®, Sewer (A-1) ®, Paving (B) P, Storm Drain (B-1) Q. Street Lights &
Signs (C) L7.
E. The Developer shall award all contracts for the construction of community facilities in
accordance with Section II, paragraph 7 of the Policy and the contracts for the
construction of the public infrastructure shall be administered in conformance with
paragraph 8, Section 11, of the Policy. Developer shall ensure its contractor(s) pays the
then-current City-established wage rates.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being prequalified, insured, licensed
and bonded to do work in public ways and/or prequalified to perform
water/wastewater construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance
bond in the names of the City and the Developer for one hundred percent
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 3 of 11
(100%) of the contract price of the infrastructure, and a maintenance bond in
the name of the City for one hundred percent (100%) of the contract price of
the infrastructure for a period of two (2) years from the date of final
acceptance insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. All bonds to be
furnished before work is commenced and to meet the requirements of Chapter
2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the amounts
required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City shall be
named as additional insured on all insurance required by said documents and
same will be evidenced on the Certificate of Insurance (ACORD or other
state-approved form) supplied by the contractor's insurance provider and
bound in the construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to
commence construction to the City's Construction Services Division so that
City inspection personnel will be available; to require the contractor to allow
the construction to be subject to inspection at any and all times by City
inspection forces, to not install or relocate any sanitary sewer, storm drain, or
water pipe unless a responsible City inspector is present and gives his consent
to proceed, and to make such laboratory tests of materials being used as may
be required by the City.
V. To require its contractor to have fully executed contract documents submitted
to the City to schedule a Pre-Construction Meeting. The submittal should
occur no less than 10 working days prior to the desired date of the meeting.No
construction will commence without a City-issued Notice to Proceed to the
Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement, if any, until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Department.
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 4 of 1 I
G. Developer shall provide, at its expense, unless otherwise agreed to by City, all
engineering drawings and documents necessary to construct the Improvements under this
Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
I. City shall not be responsible for payment of 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. City will be responsible for the costs of utility
relocation necessitated by the City's participation in this Agreement.
J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless
for any inadequacies in the preliminary plans, specifications and cost estimates
supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements
across property owned by Developer and required for the construction of the current and
future improvements provided for by this Agreement.
L. 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 (including death) or damages sustained by any persons 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, its contractors, sub-contractors,
officers, agents or employees.
M. The Developer will further require its contractors to indemnify, defend and hold
harmless the City, its officers, agents and employees from and against any and all
claims, suits or causes of action of any nature whatsoever, whether real or asserted,
brought for or on account of any injuries or damages to persons or property, including
death, resulting from or in any way connected with the construction of the
infrastructure contemplated herein, 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. Further, Developer will require its
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 5 of 11
G. Developer shall provide, at its expense, unless otherwise agreed to by City, all
engineering drawings and documents necessary to construct the Improvements under this
Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
1. City shall not be responsible for payment of 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. City will be responsible for the costs of utility
relocation necessitated by the City's participation in this Agreement.
J. Developer hereby releases and agrees to indemn fy, defend and hold the City harmless
for any inadequacies in the preliminary plans, specifications and cost estimates
supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements
across property owned by Developer and required for the construction of the current and
future improvements provided for by this Agreement.
L. 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 (including death) or damages sustained by any persons 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, its contractors, sub-contractors,
officers, agents or employees.
M. The Developer will further require its contractors to indemnify, defend and hold
harmless the City, its officers, agents and employees front and against any and all
claims, suits or causes of action of any nature whatsoever, whether real or asserted,
brought for or on account of anv injuries or damages to persons or property, including
death, resulting from or in any way connected with the construction of the
infrastructure contemplated herein, whether or not such injuries, death or dama'-es
are caused, in whole or in part,by the alleged negligence of the City of Fort
Worth, its officers, servants, or employees. Further, Developer will require its
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date: 07.30.2015
Page 5 of 11
contractors to indemnify and hold harmless the City for any losses, damages, costs or
expenses suffered by the City or caused as a result of said contractor's failure to
complete the work and construct the improvements in a good and workmanlike
manner,free from defects, in conformance with the Policy, and in accordance with all
plans and specifications.
N. Upon completion of all work associated with the construction of the Improvements,
Developer will assign to the City a non-exclusive right to enforce the contracts entered
into by the Developer with its contractor along with an assignment of all warranties given
by the contractor, whether express or implied. Further, Developer agrees that all
contracts with any contractor shall include provisions granting to the City the right to
enforce such contracts as an express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows and further apportioned in the
Cost Summary Table below
i. Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent (2%) for a total of 4% of the Developer's
share of the total construction cost as stated in the construction contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to
four percent (4%) and material testing fees equal to two percent (2%) for a
total of 6% of the Developer's share of the total construction cost as stated in
the construction contract.
iii. Developer shall pay in cash the total cost of streetlights or if the City is not
installing the streetlights, inspection fees equal to four percent (4%) of the
Developer's share of the streetlight construction cost as stated in the
construction contract.
iv. Developer shall pay in cash the total cost of street signs necessary for
Developer's portion of the Project.
P. COMPLETION WITHIN 2 YEARS
i. The City's obligation to participate (exclusive of front foot charges) in this
Agreement shall terminate if the Improvements are not completed within two
(2) years; provided, however, if construction of the Improvements has started
within the two year period, the Developer may request that the CFA be
extended for one (1) additional year. If the Improvements are not completed
within such extension period, there will be no further obligation of the City to
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 6 of 11
participate. City participation in this CFA shall be subject to the annual
availability of City fiends as approved by the City Council.
ii. Subject to paragraph i, above, the City shall reimburse Developer for the
City's costs upon presentation of proper documentation of completion of
installation of the Oversized Improvements.
iii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement
with its contractor or other related agreements.
iv. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if
at the end of two (2) years from the date of this Agreement (and any extension
period) the Improvements have not been completed and accepted.
V. The City may utilize the Developer's financial guarantee to cause the payment
of costs for construction of the Improvements before the expiration of two (2)
years if the Developer breaches this Agreement, becomes insolvent or fails to
pay costs of construction and the financial guarantee is not a Completion
Agreement. If the financial guarantee is a Completion Agreement and the
Developer's contractors and/or suppliers are not paid for the costs of supplies
and/or construction, the contractors and/or suppliers may put a lien upon the
property which is the subject of the Completion Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 7 of 11
COST SUMMARY TABLE
Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water $ 134,755.00 $134,755.00
2. Sewer $ 84,581.25 $ 84,581.25
Water Construction Cost Sub-Total $ $ 219,336.25 $219,336.26
B.TPW Construction
1. Paving $ _
2. Storm Drain $ _
3. Street Lights $ _
4.Traffic Signal $ _
TPW Construction Cost Sub-Total $ _
Total Construction Cost $219,336.25 $219,336.25
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 4,386.73 $ 4,386.73
D. Water/Sewer Material Testing Fee(2%) $ 4,386.73 $ 4,386.73
Water Construction Fees Sub-Total $ 8,773.46 $ 8,773.46
E. TPW Inspection Fee $ - $ - $ -
F.TPW Material Testing Fee $ - $ - $ -
G. Street Light Inspection Fee $ - $ - $ -
H.Traffic Signal Inspection Fee $ - $ - $ -
I. Street Signs Installation Cost $ - $ - $ -
Engineering Cost $ - $ 28,000.00 $ 28,000.00
TPW Construction Fees Subtotal $ - $ 28,000.00 $ 28,000.00
Total Construction Fees $ 36,773.46 $ 36,773.46
TOTAL PROJECT COST $ 256,109.71 $256,109.71
Financial Guarantee Options, choose one Amount Choice
Mark one
Not Required
The costs stated herein may be based upon construction estimates rather than actual costs. The City's
portion of inspection and material testing fees are directly allocated to the City's accounts for charges and
does not reimburse the Water Inspection and Material Testing Fees to the Developer.The City's
participation estimate shall be limited to the unit prices contained in City of Fort Worth Ordinance No.
19192-06-2010,as amended,("Unit Price Ordinance")or as determined by public competitive bid. The
City's cost participation(excluding inspection and material testing fees)is not a lump sum amount and
may be less than stated above depending upon actual quantities as shown on the Notice of Final
Completion package(`Green sheet')and based on unit prices from the construction contract documents. In
no event shall the City pay more per unit than as determined pursuant to the Unit Price Ordinance or public
competitive bid.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 8 of 11
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
Attachment 1 -Changes to Standard Community Facilities Agreement
❑X Location Map
❑X Exhibit A: Water Improvements
Water Cost Estimate
Exhibit A-1: Sewer Improvements
D Sewer Cost Estimate
❑ Exhibit B: Paving Improvements
❑ Paving Cost Estimate
❑ Exhibit B-1: Storm Drain Improvements
❑ Storm Drain Cost Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 9 of l l
ATTACHMENT"I"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 100386
ws.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation
CFA Official Release Date:07.30.2015
Page 10 of 11
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,effective as of the date subscribed by the
City's designated City Manager.
CITY OF FORT WORTH DEVELOPER
FW Bluff Apartments,L.P.
a Delaware limited partnership
By: CD Oakhurst Apartments GP,LLC
A Delaware limited liability company
Managin �en 1 artner
Jesus J. Chapa
Assistant City Manager
Date: 7-a}!YA Name: C. Christopher Harris
Title: Executive Vice President
Recommended by: Date: 06 • 71 . Z Qt r
ATTEST: (Only if required by
al LL Developer)
Wendy CltilBabulal, EMBA, P.E.
Development Engineering Manager
Water Department
Signature
Name:
Joyn Carman
Director
Water Department
or p�
A
Approved as to Form &Legality:
Mary a er
City Se ry $�
Richard A McCraken k4,,
Assistant City Attorney
M&C No. C' 2-17M3
Date: 4 &I Ow
F.,.. I Z9:5. 201 LO^4SI.SC)
City of Fort Worth,Texas OFFICIAL RECORD
Standard Community Facilities Agreement with City Participation CITY SECRETARY
CFA Official Release Date:07.30.2015
Page 11 of 11 Fr' wORpFI� Tx
L
O
Z
E
2�31�0330� �� i o
w j � Ab'lmve N30 OH
Q 8310NVH: .�' o
NOS-13N J :2 Z+
e J
V^ Li d p :s J . m
/
■�
in
q, q .ZI (n
U) NIaVdI8Z_ ° ��- ■ ��
J
w < 1 J
� O � � a
F- z f-- O Z r o j w g l LLI f F � O Q �' J w W Y J_ Z
LL J w; m J c� q O LLJ
F- ,L.LL w z .--� 3 o. Q Z
LL OF- Qwi--
Q C -� o v
- 0 � wQ = — ����� W O
F O w > � w OIN3 J�5't SG ,`Q' a w I�m
w < w ,
� 2.1
F- U \�o�
fn
o y�
fn �P
O
H
O
CD-
LL
Z 04
in
ui IN,
0 go
Co
LL
Hi ON
U) C14
CD
F 1 0
LU
co
Z6 F—
OW
LLJ 0)
L F-
LJ
F' G O ON O x00100 (0O N O po�W
f/1 O O O a) O N M P O 10 i0 00 b P N
UO N O O to O P W C7 aD N CD 0 1n OD V1 n
J P V a0 P aD fn O N lA N m O W O W
Q e�t9 /9
N iR Vi 69 19/9 P(9 0 to O a0
O V3 IN N vN N
F-
ul
W
F-
W O O O N iO0 M Gip 600 O tD c� M
co O O . .. h v M cD (7 0> lo:
d O NM GN0 co O/�S m pip NM N
69 N4 IA 19_ .a 4f/,;M
Z Vk IA
J1 O) N N n CO '-n N V N N P N
o
F-
LU
W
H
F
X W
W
a z
w
z U)
CY
J
® J
a
F-
0
c F-
O O
�- o
Q U U
LL Z
ULU
N � N n CO � ^lt) � �+H N
F_- Q
c
v
5
a c
� U
E 0 y O
L
oQv F>., >Qv. a oQo
U v ` v U v v o W
U O w a3i a3i v a`I
v a' o D4 2 4o L2 a ti
2 a,W O N O O _O _O O ^ O O O O
11,F- N N N N O O O O
•t O O O O M M Ol
N N N N M M M M M M M M M M Ol
m O O O O M M M M M M M M M M O
O
Z
w
F
DATE:0612112016 CKN:1155 TOTAL:S8,773.46*** BANK:FWB1uffApartments,LP(wop0610)
PAYEE:City of Fort Worth(city 18)
Job(Prop) Categ(Acct) Invoice- Date Description Amount
506154-2(0610) 2020-65(1520-0000) 062116a-06/2112016 Water/Sewer Inspection&Materia 8,773.46
8,773.46
i
I- TM CHECK 18 iiO—W` OUT i OREEN @.BLUE BORDER AND BACKOWO-61 PLUi i KNIOIIT 8 FIN't E'"F—"MT WATERMARK ON THE"CK•MOLD AT MOLE TO VIEW
FW Bluff Apartments, LP Wells Fargo Bank,N.A. 1155
Operating Account
14160 N Dallas Parkway 11-24/1210
Suite 750
Dallas,TX 75254
06/21/2016
PAY
EIGHT THOUSAND SEVEN HUNDRED SEVENTY THREE AN0.46/100 DOLLARS $8,773.46***
TO THE City of Fort Worth
ORDER OF
11500 X55111 1: 1 2 X0002481: 4 2794866 j ?ll,
CERTIFICATE OF INTERESTED PARTIES FORM 3.295
lofl
Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,S,and 61f there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-45950
FW Bluff Apartments,L.P.
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is LDe 2016
being filed.
City of Fort Worth cknowl edged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods or other property to be provided under the contract.
CFA 2016-031
Community Facilities Agreement for public utility improvements in Bird Street
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
TPRF III/Oakhurst REIT GP,LLC Dallas,TX United States X
TPRF III/Oakhurst REIT Investor,LP Dallas,TX United States X
CD Oakhurst Apartments,L.P. Dallas,TX United States X
CD Oakhurst Apartments GP,LLC Dallas,TX United States X
i
i
5 Check only if there is NO Interested Party. i
6 A ID LAURA B KARLS I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Notary Public
* * State of Texas
10 0 128849246 -- ---
o My Comm.Exp.01.11-2020
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE �p�,� f�
Swo and subscribed before me,by the said (3' "° v' �'"— this the �7 day of
20M,to certify which,witness my hand and seal of office.
414wvI
166le- Liu" 0l rota Nt 1
Signature of officer administering oath Printed name of officer administering oath Title of o icer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fob "
"T
r
COUNCIL ACTION: Approved on 6/21/2016 - Resolution No. 4637-06-2016
REFERENCE *„ 06BIRD ST CFA CITY WATER
DATE: 6/21/2016 NO.: C-27773 LOG NAME: PARTICIPATION (PROJECT
100386)
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Community Facilities Agreement with FW Bluff Apartments, LP,
and Authorize City Participation in the Amount of$256,110.00 for Oversizing of Water
and Sewer Lines in Bird Street and Bluebonnet Drive to Serve the Scenic Village
Development and Surrounding Areas and Adopt Reimbursement Resolution (COUNCIL
DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a Community Facilities Agreement with FW Bluff Apartments, LP, with City
participation in the amount of$256,110.00 for costs related to oversizing water and sewer lines in
Bird Street and along Bluebonnet Drive to serve the Scenic Village development and surrounding
areas; and
2. Adopt the attached resolution expressing official Intent to Reimburse expenditures with proceeds
of future debt for the Scenic Village Development's surrounding area project
DISCUSSION:
On April 9, 2016, FW Bluff Apartments, LP, executed a Community Facilities Agreement(CFA) (City
Secretary Contract (CSC) No. 47701) to install the public infrastructure necessary to serve their
development, Scenic Village, located northeast of downtown Fort Worth. The project includes the
installation of water and sewer lines, storm drains, street lights, street signs and paving. There are
existing six-inch water and sewer mains in Bird Street and an existing six-inch water main in
Bluebonnet Drive. City staff has determined that the existing water and sewer mains require
oversizing. The Water Department is participating in the Developer's project to replace and upsize
those facilities to eight-inch water and sewer lines to serve anticipated future growth in the area. The
City's cost participation to replace and upsize the lines is estimated to be $256,110.00 as shown on the
table below, of that amount, $28,000.00 is for engineering services. The developer's existing CFA
(CSC No. 47701), provides for the reconstruction and surface improvements on Bird Street and
Bluebonnet Drive.
Item 11 Develo er Cost I Ci Cost Total Project Cost
Water Construction $ 25,928.0 1 $107,804.00 $133,732.00
Sewer Construction $ 20 394.00 $ 67,665.00 r $88,059.0
Paving Construction $142,608.00 $ 0.0-0--lF $142,608.00
Storm Drain Construction $ 36,366.00 $ 0.6-01 $ 36,366.00
Street Lights Construction $ 23 385.00 $ 0.00 $ 23 385.00
Construction Subtotal $248,681.00 $175,469.00 $424,150.00
Contingency 25% $ 0.00 (— $ 43,867.00 $ 43 867.00
Construction Subtotal $248,681.00 $219,336.00 $468,017.00
Inspection Fee $ 17,359.00 11 $ 4,387.0-0--Il $ 21,746.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22318&arnp;councildate=6/21/... 07/20/2016
M&C Review Page 2 of 3
Material Testing Fee $ 4,506.00 $ 4,387.00 $ 8,893.00 J
Construction Fees Subtotal $ 21,865.00 $ 8,774.00 $ 30,639.00
Engineering Cost $ 0.00 $ 28,000.00 $ 28,000.00
Total Project Cost $270,546.00 $256,110.00 $526,656.00
The City's participation, excluding inspection and material testing fees, is not a lump-sum amount and
may be less than the stated amount depending upon the actual quantities and unit prices from the
Notice of Final Completion Package, commonly referred to as the green sheet package.
This project is anticipated to be included in a future revenue bond issue for the Water and Sewer
Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the
appropriation authority authorized under the Direct Purchase Note (DPN) Program will be used to
provide interim financing for this project until debt is issued. To the extent resources other than the
Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Funds will be
charged interest that is equivalent to the overall rate of return being earned by the City portfolio
(currently approximately one-percent annually). Should the City's portfolio not support the liquidity
needed to provide and interim short-term financing source, another funding source will be required,
which could mean issuance of securities under the DPN Program or earlier issuance of Water and
Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond
proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in
accordance with the attached Reimbursement Resolution.
The City Council adopted the Water Department's Fiscal Year 2016-2020 Five-Year Capital
Improvement Plan on February 2, 2016 (M&C G-18662). This City Council adopted plan includes this
specific project, with funding identified through the DPN Program to be reimbursed with future
revenue bonds. In accordance with the provisions of the Financial Management Policy Statements,
Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration
within the next three years. This debt must be issued within approximately three years to provide
reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable
by issuing tax-exempt debt and the funding source will have to be made whole through other
budgetary methods. Adoption of the attached resolution does not obligate the City to sell bonds, but
preserves the ability to reimburse the City from tax-exempt bond proceeds.
This development is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available as appropriated in the Fiscal Year 2016
Water and Wastewater Capital Improvement Plan. The adopted Water and Wastewater Capital
Improvement Plan includes an appropriation of$9,400,000.00 for programmable Community Facility
Agreement Projects. Of the original appropriation, $8,198,150.00 is available to fund future individual
projects.
TO
Fund Department Account Project Program I Activity I Budget I Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
F ID ID Year Chartfield 2
56005 0600430 5310101 100386 001580 2016 $148,753.74
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22318&axnp;councildate=6/21/... 07/20/2016
M&C Review Page 3 of 3
1 156005 1 0700430 1 5310101 1 100386 1 1 001380 1 2016 1 1 $98,581.24
Submitted for City Manager's Office by: Jesus Chapa (5804)
Fernando Costa (6122)
John Carman (8246)
Originating Department Head: Randle Harwood (6101)
Julie Westerman (2677)
Additional Information Contact: Wendy Chi-Babulal (8242)
ATTACHMENTS
06BIRD CFA 100386 REIMB RESOLUTION Final.doc
1295 Form - Bird W-SS CFA2016-031.pdf
Scenic Location Map2.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22318&councildate=6/21/... 07/20/2016