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HomeMy WebLinkAboutContract 48320 C.IIt� SECRETARY CONTRACT N0. M () DEVELOPER FUNDING AGREEMENT OC7,)jg � FOR NORTHSIDE IV 24-INCH WATER MAIN EXTENSION BOWMAN-ROBERTS ROAD THIS AGREEMENT is by and between CENTEX HOMES, a Nevada general partnership, hereinafter referred to as "Developer", and the City of Fort Worth, hereinafter referred to as "City". WHEREAS, Developer, is the owner of land to be developed as a phase of a residential community commonly known as LakePointe, an Addition To The City Of Fort Worth, Tarrant County Texas, more fully described in Exhibit A attached hereto (the "Property"); and WHEREAS, in order to serve the Property, Developer is required to extend a 12-inch water line to the Property; and WHEREAS, City is planning to construct in phases the NS IV 24-inch water main from Eagle Mountain Water Treatment Plant to serve points in the City's northern growth areas. WHEREAS, in lieu of Developer constructing its 12-inch water main pursuant to a Community Facilities Agreement with City participation, City will instead construct Phase 1 of the Northside IV 24-inch Water Main Extension from the Eagle Mountain Water Treatment Plant at Bowman Roberts Road and Santa Gertrudis to Bailey Boswell Road, including a hydropneumatic tank, a pressure plane valve and related facilities and a stub out to provide water service to the Property (the "Facility") as a CIP project, with Developer to contribute funds equivalent to its proportionate share of the water main toward the City's construction of the Facility; and WHEREAS, as more fully set forth below, Developer will make a total contribution to the City of $849,045 for its share of the Facility and to expedite service to Developer's Property (the "Contribution") in the amounts of $110,745 for engineering costs (the . "Engineering Cost Contribution") and $738,300 for construction costs (the "Construction Cost Contribution"); and WHEREAS, the estimated cost for the Facility is $400,000 for design and $5,240,000 for construction (See Opinion of Probable Construction Costs in Ex. B) inclusive of Facility features which are not the Developer's responsibility; NOW THEREFORE, in consideration of the above recitals, City and Developer, acting herein by and through their duly authorized representatives, do hereby agree as follows: 1. City, at City's cost (including Developer's Contribution), agrees to design and construct the Facility. The scope of the Facility is shown on Exhibit "B" attached hereto and incorporated herein. OFFICIAL RECORD CITY SECRETARY Dev Funding Agreement NS IV 24-Inch Water Main FT.WORTH,TX' Page 1 of 9 2. City shall design (or cause to be designed) the Facility upon receipt of Developer's Engineering Cost Contribution. Developer shall deliver its Engineering Cost Contribution to the City within 10 days after Developer receives from the City a fully-executed copy of this Agreement. If the City Council for the City fails to authorize the award of a contract for design of the Facility within 90 days after the effective date of this Agreement, City will immediately return the Engineering Cost Contribution to Developer. Failure by Developer to remit the Engineering Cost Contribution will delay award of the design contract. 3. Developer will pay the Construction Cost Contribution to the City within 10 days after the City notifies Developer in writing that the City has finalized and approved the construction plans for the Facility and the City has advertised for bids from contractors for the construction of the Facility. If within 180 days after receipt of Developer's Construction Cost Contribution the City Council for the City has not authorized the award of a contract for the construction of the Facility, the City will immediately return all of the Contribution to Developer. The City shall construct the Facility as soon as is reasonably practical after the design is completed. Failure by Developer to timely remit the Construction Cost Contribution will delay award of the construction contract. 4. City agrees to design and construct the Facility in accordance with the following schedule. City will use its best reasonable efforts to comply with this schedule: Completion Deadline Task Six months after execution of the agreement. Design Completion Estimated April 1, 2017 One month after design completes. Advertisement Estimated May 1, 2017 Three months after bid Construction Award/Signing of General opening date. Estimated Contract August 1, 2017 Dev Funding Agreement NS IV 24-Inch Water Main Page 2 of 9 One month after Council Award for construction Construction Commencement contract. Estimated September 1, 2017 13 months after construction Facility Completion commencement. Estimated October 2, 2018 It is acknowledged and agreed by the parties that time is of the essence in the performance of this Agreement. From and after the execution of this Agreement and until completion of the Facility, City shall provide Developer with monthly progress reports. 5. Developer's Contribution to the City shall be the entire amount of Developer's obligation for its costs related to the Facility, such Improvements being necessitated in part by the additional water demands that the development of the Property will be placing upon on the Northside IV pressure plane. The Contribution fairly represents the Developer's proportional share of the cost of the Facility and shall not be refunded for any reason after award of the construction contract by the City. By accepting the Developer's Contribution pursuant to this Agreement, City agrees that the Developer and any successor owner of all or part of the Property will have no obligation whatsoever to pay any amounts in addition to the Developer's Contribution or take any further action with regard to the design or construction of the Facility even if(a) the actual costs to construct the Facility exceed the costs expected by the City as of the date of this Agreement, (b) the specifications, composition, or other characteristics of the Facility hereafter change for any reason, (c) a mistake has been made (mutual or unilateral) in computing the costs of the Facility or otherwise, or (d) the costs or scope of the Facility change for any reason. 6. The City will timely proceed with processing a Community Facilities Agreement and related engineering plan review for the development of the Property when submitted by Developer ("Property CFA"). As part of the Property CFA, City will allow the on-site subdivision paving, water, sewer and other public improvements ("Infrastructure") to proceed to construction while the Facility is being constructed. The City will issue acceptance of completed Infrastructure constructed, inspected and accepted in accordance with the Property CFA even though the construction of the Facility may not then be complete. City will issue building permits for subdivision lots within the Property with a finished floor elevation below 830' even though construction of the Facility may not then be complete and Developer Dev Funding Agreement NS IV 24-Inch Water Main Page 3 of 9 agrees it will not close the sale of any completed homes to a third party until the Facility is complete and accepted per City and TCEQ rules and regulations. 7. Developer shall be entitled to a refund of a portion of its Contribution pursuant to City Code Chapter 35, Article III, Division 4 et seq. 8. The City will use its best reasonable efforts to construct the Facility without undue delay, but City's performance of construction will be subject to delays caused by events of force majeure. 9. This Agreement shall be binding upon and inure to the benefit of the City and Developer and their respective successors and assigns. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the parties hereto, and may not be amended except by a writing signed by all parties and dated subsequent to the date hereof. If Developer or any subsequent owner transfers the Property or any portion thereof prior to the performance of all obligations of the Developer hereunder, Developer or such transferring owner shall obtain an agreement from the transferee assuming the obligations of the transferring owner under this Agreement performable from and after the date of transfer. From and after the date of such transfer, the transferee shall be solely obligated under this Agreement, and the transferring owner shall have no further obligations under this Agreement, with respect to the Property or portion thereof transferred. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Dev Funding Agreement NS IV 24-Inch Water Main Page 4 of 9 Executed by each party's duly designated and authorized representative, effective as of the date subscribed by the City's designated signatory. Developer: CENTEX HOMES, a Nevada general CITY OF FORT WORTH partnership, by Centex Real Estate Corporation, its managing general partner By: By: Jesus J. Chapa Name: r.1-INT VINCFNT Assistant City Manager Title: N/2 QF I ANn nEVEI OPMFNT Date: iv l}%�! Date: �p "l Recommended By: ' e Joh�/n arman Director, Water Department APPROVED AS TO FORM ATTEST: QaL Ajo fi Mir- l .Q Douglas W Black jTary J. K y er Sr. Assistant City Attorney City Secr tary AVY Dev Funding Agreement NS IV 24-Inch Water Main Page 5 of 9 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jesus J. Chapa, Assistant City Manager for the City of Fort Worth, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this o2% day of ()CW IOA Aotary Public, State of Texas My Commission expires: a-(a--I 18 ""'"� LINDA M. HIRRLINGER Y PV �i� Notary Public,State of Texas Comm.Expires 02-02-2018 „°; Notary ID 12414474-6 Dev Funding Agreement NS IV 24-Inch Water Main Page 6 of 9 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Pu in and for the State of Texas, on thisday personally appeared a1�}� 1/lL>ot'l�' , yO of Centex Real Estate Corporation, a Nevada corporation, on behalf of said corporatio , in its capacity as managing general partner of Centex Homes, a Nevada general partnership, on behalf of said general partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2016. JESSICA HERNANDEZ No ry Pubic, Stat o�Te s Notary Public,State of Texas My Commission Expires April 18, 2018 Commission expires: Dev Funding Agreement NS IV 24-Inch Water Main Page 7 of 9 Exhibit A The Property [Description of Centex's Property to be served to be inserted] Dev Funding Agreement NS IV 24-Inch Water Main Page 8 of 9 a ..�. �..�..� q•`\ I I sD I • \\\1W 1D3 1az .]D °s B 3 '• aaz 1 __ 47 105 '• • I tun 1m•• SPO 1DD s2 ' �'OT O 4s G 30 0 _t♦•I to\��Q�P�� � �• • `• ,�♦�.I �•1t[11OJ P �I ��. •■i•..�,� 91 � ••10 S�• 63 5•54'5s •``•` 43 o ]2 115 3 43 1E • ]D a 1■��♦f�■ '_..__ wweII w • ..�• ♦ •`y ' 111 r.�. ♦ • 74 • �'��• E2 E1 57 ' ^♦'•• ♦ �- __ ,♦. 117 1s 1i • P tl9 ], 4,9 S/�tc• 5P • __ 1 f t P • 9N[ 60 •i 1�••'•♦ 15 4 1B• �']Qn°♦ tlE] 77 • 59 •• ♦ , 1] 2D �S 1% Pfi ]E Z' zL • D •t. I 1 � T , ea• 2a_zt�lzz` ' x' UERTO VISTA DRIVE J.�7 ♦�. 1zs F�cZ B 26 P*% ♦J�i, / y� – — 1z4 Fp 31 \• a� ♦ 125 tl12fi F• ° 2P r '� •� 12E ILI 12, • �' \' ♦ ••1 LOT BLOCK ♦ / tej •�♦ /, O �' - PUBLIC PARK i♦LL 1aa �, �• (CC\ �--1` •`• ;�•♦�., //�\ ,� •,moi / _ \ � r. i�;.><' 20D 300 I ♦ `•� `, \ GRAPHIC SCALE IN FEET EoxOeLocKs / LAKE POINTE LOT PN NTIO PARK ��//,` Z PHASE 4 DETENTION POND ME , ,( ORAINgGE EASEMENT ' I 137 SINGLE FAMILY RESIDENTIAL LOTS iiIII PELOTON F - - - i Exhibit B The Facility [Description/diagram of Facility to be inserted, including showing plans and location for service to Centex's Property] Dev Funding Agreement NS IV 24-Inch Water Main Page 9 of 9 i E I I EXHIBIT B , OPINION OF PROBABLE CONSTRUCTION COST Route Study i Northside 4 24-inch Water Main CITY OF FORT WORTH,TEXAS 7ACCOUN-17NO • • : •. FTW14497 OLK DGS I March 24,2016 ITEM DESCRIPTION QUANTITY UNIT UNITPRICE TOTAL 24-inch Water Main $ 3,838,860.00 1 24-in Waterline by Open Cut 10,820 LF $ 140.00 $ 1,514,800.00 2 24-in Waterline inside Casing 180 LF $ 180.00 $ 32,400.00 3 36-in Steel Casing by Other Than Open Cut 180 LF $ 720.00 $ 129,600.00 4 24-in Gate Valve and Vault 10 EA $ 30,000.00 $ 300,000.00 5 2-in Combination Air Valve Assembly 6 EA $ 20,000.00 $ 120,000.00 6 8-in Blow Off Assembly 6 EA $ 25,000.00 $ 150,000.00 7 Connection to Water Treatment Plant i EA $ 20,000.00 $ 20,000.00 8 Trench Safety 10,820 LF $ 2.00 $ 21,640.00 9 Hydromulch 60,120 SY $ 1.00 $ 60,120.00 10 Storm Water Pollution Prevention Plan 1 LS $ 25,000.00 $ 25,000.00 11 Cathodic Protection 1 LS $ 140,000.00 $ 140,000.00 12 Traffic Control 6 MO 3,000.00 $ 18,000.00 13 Ashalpt Pavement Repair 10,000 LF $ 65.00 $ 650,000.00 14 2"Surface Mill 26,700 SY $ 4.00 $ 106,800.00 15 2"Asphalt Pvmt Type D 26,700 SY $ 15.00 $ 400,500.00 16 Pavement Striping 10,000 LF $ 5.00 $ 50,000.00 17 Misc.Utlity Adjustments 1 LS $ 100,000.00 $ 100,000.00 Flow Meter at EMWTP $ 40,000.00 16 Flow Meter 1 EA $ 20,000.00 $ 20,000.00 17 Piping for flow meter i LS $ 10,000.00 $ 10,000:00 18 Electical Equpment for flow meter 1 LS $ 10,000.00 $ 10,000.00 Hydro-Pneumatic Tank $ 300,000.00 19 Hydro-Pneumatic Tank 1 LS $ 250,000.00 $ 250,000.00 20 jElectical Equpment for Hydro-Pneumatic Tank 1 LS $ 50,000.00 $ 50,000.00 Pressure Plan Flow Transfer Station $ 188,200.00 21 Flow control valve 1 EA $ 30,000.00 $ 30,000.00 22 Flow Meter 1 EA $ 8,000.00 $ 8,000.00 23 12"Gate Valve 2 EA $ 3,500.00 $ 71000.00 24 Connection to existing 36-inch NSIII Water Line 1 EA $ 25,000.00 $ 25,000.00 25 12"Ductile Iron Pipe 40 LF $ 80.00 $ 3,200,00 26 Valut 1 EA $ 20,000.00 $ 20,000.00 27 ElecticaI Power to site 1 LS $ 50,000.00 $ 50,000.00 28 Electical Equpment for Flow Transfer Station 1 LS $ 25,000.00 $ 25,000.00 29 SCADA Antenna 1 LS $ 20,000.00 $ 20,000.00 c • �� 00 CONTINGENCY 20% $ 873,500.00 • OPCC $ 5,241,000.00 Notes: 1.Easements may be required where Right-Of-Way for existing roads have not been dedicated. Created By Freese and NSchols,Inc. Job No:FTW14497 Location:KIPIPES_PUMPSMbrking\NS 4 Project b1 Machn,enl-E)-NS4 Rcute 6tudy(8.5x11)and dated:Frida Be tember 16 201611:25:23 AIA ATTACHMENT E CITY OF FORT WORTH Proposed NS4 to NS3 ,i NORTHSIDE 4 Tta " , ' 24-INCH WATER MAIN Transfer Valve (PROJECT 6N4) -41 IAM 4X(" LEGEND ° °0 Proposed Proposed (D Hydropneumatic Tank 24"Water Line y o * Proposed Meter Water Treatment Plant Proposed Valve FORT WORTH, • FREESE r-7=NICHOLS Proposed Northside IV Z 24" Water Line t Y ' may/ . �P .y �w—x1 q L r�r' Water t Treatment Plant Proposed Hydropneumatic Tank s Proposed Meter '0 1,000 '+ 1tL_ j Connection to SCALE IN FEET ; Existing 30" Water Line ' ,''