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HomeMy WebLinkAboutContract 48795Developer Company Name: CIiY S�C�'i'�AR� ' ) `�( ,,.�,� CONTF�ACi' {JA. COMMUNITY FACILITIES AGREEMENT WITH CITY OVERSIZING PARTICIPATION LVG Investlnents, LLC Address, State, Zip Code: 2909 Cole Avenue, Suite 210, Dallas, TX 75204 Phone & Einail: 214-521-8520, Louis@lvginvestments.com Authorized Signatory, Title: Louis V. Gennarelli, Managing Principal Project Naine and Brief Ciystal Springs, SS and Ciystal Springs On-Site Description: Project Location: White Settlement Rd along left overbank of West Forlc Trinity Rivet• Plat Case Number: FP-15-115 Plat Name: Ciystal Mapsco: 61 W Council District: 7 City Project Number: 100017 & 100252 CFA Number: 2016-078 DOE Number: None To be conzpleted by�iaff � / rF Received by: �� � �! , Date: OFFlCIAL ��p� Cli'i� SECREI'/1Ry �T'• WOR'�'H� 'i'X City of Fort Worth, Texas Standard Coinmunity Facilities Agreement with City Paiiicipation COMMUNITY FACILITIES AGREEMENT WITH CITY OVERSIZING PARTICIPATION THE STATE OF TEXAS COUNTY OF TARRANT 0 City Secretaiy Contract No. � � �� Gr � WHERE LVG Investments, LLC ,("Developer"), desires to make certain specific improvements as described below and on the exhibits attached het•eto ("Improvements") related to a project generally described as C��stal Springs SS ("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 Improveinents 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 G� 2�9y 3 on s.�6�s- 2? , 20�; and WHEREAS, The City's cost participation shall be in an amount not to exceed $381,902.00 ("Pai-ticipation"); 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 far the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Foi-t Worth, as amended, is her�eby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all pi�ovisions of said Policy in the perfor-mance of its duties and obligations hereunder City of Fort Worth, Texas Standard Coinmunity Facilities Agreement with City Pai�ticipation 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 undez 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 incoiporated herein: Water (A) �, Sewer (A-1) �, Paving (B) �, Storm Drain (B-1) �, Street Lights & Signs (C) ❑X . 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 II, 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 worlc 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 (100%) of City of Fort Worth, Texas Standard Coimnunity Facilities Agreement with City Participation 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 perfoi�n the consh-uction 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-awaz�ded 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 Ciiy inspection forces, to not install or relocate any sanitazy 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 requir•ed 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 Depar-tment. G. Developer sha11 provide, at its expense, unless other�vvise agreed to by City, all engineering drawings and documents necessary to construct the Improvements under this Agreement. City of Fort Worth, Texas Standard Community Facilities Agreement with City Participaiion 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 utiliiy relocation necessitated by the City's participation in this Agreement. J. Developer Irereby �eleases and agrees to indemnify, defen�l crncl hol�t the City harmless for any inadequt�cies in the preliminary pl�zns, specifications �nd cost estrmates supplied by the Developer for this Agreemen� 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. Tlte Developer fut�tlrer covenants and agrees to, and by tliese presents does hereby, fully indemnify, hold haYmless and defentl the City, its office�s, agents an�l employees from all suits, actions or claims of any character, whether real or asserted, brought for o� on accoacnt of any injuries (inclu�ling deatlt) or damages sustained by any persons o� to any property, resulting from or in connection with tlte constt•uction, design, performtcnce or completion of any work to be performed by stci�l Developer, hrs contr�ctors, subcontr�cctors, of�cers, �gents or employees, or in consequence of tcny failure to properly safegua�tl the work, or on c�ccount of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, of�cers, agents or employees. M. The Developer will fuYtlaer require its contractor�s to indemnify, defen�l antl lzold Izarmless tlae City, its officers, agents and employees from �nd against any and all claims, sacits o� causes of �cction of any nature wltatsoever, whethe� real or asserted, b�ought for or on accoutit of cr�zy injuries or �amages to persons or property, inclut�ing de�cth, resulting from or in any way connected with the construction of tlre infrastructure confemplated he�ein, wlaether or not such iniu�ies, de�th or dama�es c�re caused, in whole oY in pt�rt, by the alle�ed ne�li�ence of the City of Fort Worth, its of�cers, serv�nts, or employees. Further, Developer will require its contractors to indemnify antl Izold )ia�mless the City for any losses, dczmages, costs or expenses sa ffeYe� by the City or c�used as a result of sai�l contractor's fazlure to complete the wo�k and construct the City of Foi�t Worth, Texas Standard Community Facilities Agreement with City Participation improvements in a goo�l crnd workmanlike manner, , free f�om �lefects, in confo�mance witlt the Policy, and in acco�dance with all plans ancl spec�cations. 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. Fui-ther, 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 appoi-tioned in the Cost Surnmary 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 participate. City participation in this CFA shall be subject to the annual availability of City funds as approved by the City Council. City of Fort Worth, Texas Standard Cominunity Facilities Agreement with City Pai�ticipation 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 Agreeinent with City Pat�ticipation COST SUMMARY TABLE A. Water and Sewer Construction 1. Water 2. Sewer On-Site 3.Sewer Relocation Water Construction Cost Su,b-Total with 15% Contingency B. TPW Construction 1. Paving 2. Storm Drain 3. Street Lights 4. Traffic Signal TPW Construction Cost Sub-Total Total Construction Cost Construction Fees: C. Water/Sewer Inspection Fee (2%) D. Water/Sewer Material Testing Fee (2°/o) Water Construction Fees Sub-Total E. TPW Inspection Fee F. TPW Material Testing Fee G. Street Light Inspection Fee H. Traffic Signal Inspection Fee I. Street Signs Installation Cost J.Civil/Geotechnical Engineering & Survey (20%) TPW Construction Fees Subtotal Total Construction Fees Developer's Cost City's Cost Total Cost $ 235, 980.00 $ - $ 235, 980.00 $ 143, 541. 50 $ - $ 143, 541.50 $ 432, 772. 50 $ 320, 925. 00 $ 753, 697. 50 $ 812, 294. 00 $ 320, 925. 00 $ 1,133, 219.00 $ 48,138. 75 $ 31,152. 00 $ - $ 31,152. 00 $ 144,434.00 $ - $ 144,434.00 $ 13, 000.00 $ - $ 13, 000.00 $ - $ - $ - $ 188, 586.00 $ - $ 188, 586. 00 $ 1,000,880.00 $ 369,064.00 $ 1,321,805.00 $ 16,245.88 $ 6,418.50 $ 22,664.38 $ 16,245.88 $ 6,418.50 $ 22,664.38 $ 32, 491. 76 $ 12, 837. 00 $ 45, 328. 76 $ 7, 023.44 $ - $ 7, 023.44 $ 3,511.72 $ - $ 3,511.72 $ 520.00 $ - $ 520.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 11, 055.16 $ - $ 11, 055.16 $ 43,546.92 $ 12,837.00 $ 56,383.92 TOTAL PROJECT COST $ 1,044,426.92 $ 381,901.00 $ 1,426,327.92 Financial Guarantee Options, choose one Amount Choice Bond = 100 letion Aqreement = 100% / Holds Plat Cash Escrow $1,321,805.00 X N/A = 125% I N/A Cash Escrow Pavinq/Storm Drain = 125°/o I N/A 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 foi• charges and does not reimburse the Water Inspection and MateY•ial 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 pat�ticipation (excluding uispection and matei•ial testuig 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 pacicage (`Gi•een sheet') and based on unit prices fi•om the construction contract documents. In City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation no event shall the City pay more per unit than as determined pursuant to the Unit Price Ordinance or public competitive bid. 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 Location Map Exhibit A: Water Improvements Water Cost Estimate E�ibit A-1: Sewer Improvements Sewer Cost Estimate Exhibit A-2: Off-Site Sewer Improvements Off—Site Sewer Cost estimate Exhibit B: Paving Improvements Paving Cost Estimate E�ibit B-1: Storm Drain Improvements Storm Drain Cost Estimate Exhibit C: Sn•eet 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 ATTACHMENT "1" Changes to Standard Agreement Community Facilities Agreement City Project No. 100017 None City of Fort Worth, Texas Standard Communiry Facilities Agreernent with Ciry Participation IN TESTIMONY WHEREOF, the City of Fort Woi�th has caused this instrurnent to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretaiy, 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 Managei•. CITY OF FORT WORTH / / � Jesus J. Chapa Assistant City Manager Date: � � ,��� � Reco»�mendecl by: , � , �' ' . � ; � � Wendy Chi- abulal, EMBA, P.E. Development Engineering Manager Water Department �, � Douglas . Wiersig, P.E. Director Transportation & Public Works Department Approved as to For�m & Legality: Richard A. McCracken Assistant City Attorney M&C No. C- 2�9� 3 Date: 3 For�. �29$ : 2014 - I o 3(��,5 City of Fort Woi�th, Texas Standard Community Facilities Agreement DEVELOPER: I,VG Investments, LLC l itle: Managing Principal Date: �-1 �� J ���— ATTEST: (Only if required by Developer) �ignatui�: Name: <Natne> Contract Compliance Mana ei•: B���� I acknowledge that I am the person responsible for the monitorin a�nd administration of this contract, includin� ensuring all performance and reportin� requirements. �� � � �. � D te: �� � F� � l�'�C�l-� �S ����'� ���l��`� Development Manager �..� r r 7� �FFICIAB. I�CORD CIT1P SEGRETARY FT. WORTH, TX �/� John Carmen Director Water Department OFFICIAfL RECORD CITY BECRET/�RY �"i'• WORTI#, TX � � � � m O C� D � O z � D r m N O O O � C � � n � � � O < m � m z � � � O � m � < m � _ m c� � � O � GRAPHIC SCALE IN FEET 0 75 150 300 � � � — — — — — — r � � ----- 1_1�-- — — � � � — -- — --- _� `�— - T ~— —rau�mariearnn�— — — — — — � _ _ e _ ---�- s.�- _� �� R,�ra�� -----------�T--� � -- J�.�r;��— r• • �--------- — — ��— U I— pROPOSED 10" I I � CAP PROPOSED � WATER LINE I I I I 10" WATER LINE ,, PROPOSED 10' I 1 11 �I I-- I i I'I WATER LINE � I � �1�1 �` � �� III I 3�1 1���\ 0 1\� � I �� �=1 \ I \ �� � �I � �� �� ��\ � p ��� 1 II 2 � � I I\1 \ �\ \� �; o \� �@ \ � C t \ e � ` \ 1 \� \ \ ✓ � \\\ � \ `\� \AP PROPOSED \ \� \� \ "� 10" WATER LINE i � �ii�> ` � \ � \ ' �/ \ \ � � ���� � � I • � � PROPOSED 10" � � � � WATER LINE I� ' �� � \ �s ��� �_—� I J� CONNECTTOEXISTING � �� �c' �/�" 24" WATER LINE —n . � , o�. =�a � ��- � � ;'�= / � i � I �_�= tz°W ICRY OF FORT WORTH BMN6808 12'W WH � 3 I � I ------------� l� __�_�_� - __-�- -- �r�� — PROPOSED 12" LINE � � REDUCED TO 10" WATER � � I LINE — I � �j� � PROPOSED 10" I�� I I I WATER LINE I I I I I � I II � _ � � � II � � I II � I J PROPOSED 12" I � � I WATER LINE �� � �� � — CONNECT TO EXISTING CONNECT TO EXISTING I — 24" WATER LINE 24" WATER LINE � � � � �� �� � � �� ��� � t� 2�w � � ��� ITE SETTLEMENT ROAD in (A VARIPBIE WIDTH R.O.W. 70.0'-E8.3� EXHIBIT A: WATER IMPROVEMENTS CRYSTAL SPRINGS � � m � Oo J�(n A W N� p(fl 00 V O� Cn .P W N� O W W W W W W O O O -• � � U7 (J7 ? 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MANHOLE a I I I I NORTH I I I I GRAPHIC SCALE IN FEET I0 75 150 300 \ I � � � — — � � -- � __ - - �-�.�--- _� , __-- --_��,-�.-��____ � ---- �---�� ���� ------�e�szt..--I I �_ =e .� ____�.�__�_ U I J ,-_________ _� � _ _ _ � � I r � � _ � I 3 I I I 1 1 � N1 1� NN I I I�I III I � I I ��' 1 24" SSWR LINE N � 24" SSWR LINE �II I; I I `� RELOCATION TO BE ABANDONED � I END OF PROPOSED I I 1I 1\`\ , � �\ � i I I -------$„ SSWR LINE I i I I � �� ��.� � ��p� � I � � �-_y_�m_�� �_s-_ �- -� 1 1 � � � � � / � '` = :�"r= `-}�� ' �- = �' -- � -� ) I II � ,�a \� �'� \���/ PROWRLI�E� If I----�-- r I ��\ � � ����� $ ss N, I ie� � r � � I � � ; � � � � � ��� , �� , , � m �9.. `� �� ���� ����� i � �� ��� �� ,� �\���� � i � i i � i \ �� �o. <i�\ NN \` \ � � \ I I I I I $ I I \ � �-� � PROPOSED � , � � I I I I � I — � 8" SSWR LINE i I' � � PROPOSED I I � I � \� ��\�� '� � I I I 8" SSWR LINE I I I I I \\�, � \�I� �I � �J � j I I \ C� NECT TO EXT. I JJ I I I I � PROPOSED 8" I �� � 10" SSWR LINE �I� I I I I I SSWR LINE I I 1\ z4�• T � _ --�-�I ------ -L�-�.1 � � � �— ��— � _ _ — � CfTY OF FORT WORTH BMN6808 ` WHITE SETTLEMENT ROi�u i0"S - (AVAF2IABLEWIDTHR.O.WJ0.0'•98.3� CONNECTTO EXT. SCF�S — 8"SS -� 10" SSWR LINE a I EXHIBIT A-1: SANITARY SEWER IMPROVEMENTS CRYSTAL SPRINGS .___ -- __ - � G I ' �T. L .z '� � o�L � � i� I I N O RTH I I I I GRAPHIC SCALE IN FEET I0 75 150 300 � I — � I_ 1 � �wr�mnrvea�au I � I � � � I L' s 3 � � I --- ' _I I� � � � - ����— — � — a - - - - --� ' �_�. _- 1 � CIN OF FORT WOR7H BMd6808 F— � �s � � � � _. . _ - .— �._�'�r��, ��. — - - _ WHITE SETTLEMENT ROAD — (A VARIABLE W IOTH R.O.Vl. 70.0'-98.3') EXT. MEDIAN TO BE REMOVED PAVEMENT AND NEW PAVEMENT STRIPING TO SECTION CONSTRUCTED BE INSTALLED I EXHIBIT B: PAVING IMPROVEMENTS CRYSTAL SPRINGS � i I NORTH I IGRAPHIC SCALE IN FEET 0 75 150 300 I " � - - � � ---__ — — I_1� m � — — —�,���— — , r�-�'=- I r���. —s � �--- �.- --- -� -��= _ ��-. � � 1 � I = -�= I = � 1 � �`�L � �_ =1- � = ' � r� 1 d L• �-6- � . . —1 — —� _ 1 \ �r� .� • � � � = =1= - _ 1� � \ E ' , ' - _ � � ��� � ,- � � � �� � � - - i ���= �`' - � I� �1� � :o' % � =J =— — � L �� \ $ � � �� '�_ ��f ' ` I 30" PROP. RC �$ -,�_ = � �TORM LINE \ � � — -1 _ —" I ,� " \ � � � �— - — — — / � _ r _ � � /\ ` � �/ \ �\ =�I_ �_ : � � \ — -- � � e \ \ ' _I_ � PROP. STORM � � �� � � J � I -�- � �.� `� OUTFALL LOCATION � � — � � BEGINNING OF ` � ' I —I— 24" PROP. RCP ��� PRIVATE STORM I I— = I= k LINE INCREASES � � � � � � � � -I_ TO 30" RCP LINE \ �\\ � ��� -I- - ' �� � � � % � I — — � 1 24" PROP. RCP " I =�_ j � STORM LINE �a � I �- ..�se��, � � � — � �. _ _ _ . , _ � �� �t �� �• ���—� � � � PROP. 15' , CITVOF FORT WORTH BM#6808 STORM INLET WHITE SETTLEMENT ROAD (A VARIABLE WIDhI R.O.W.70.0'-98.3') EXHIBIT B-1: STORM DRAIN IMPROVEMENTS CRYSTAL SPRINGS O O N � � � M s� cn E» e» u� � � o o Q W co� oN O U F � M F- Z = � V�' � N J � F-' � F�- � X W � � w Q O � � °- O � Z ~ Z W v `- N Z � = O `- � Q d (n M = U U � m U a F— W(n Z J J J � (� � O Z � � � � � LL � U :� � � V U � i� � � W�o {- 00 � � � m M M � a� � � c� � � _ U U C O U a� > 0 E a� � 0 0 M � O 0 Z � N M V' � W H � � .,=�;� I NORTH I I GRAPHIC SCALE IN FEET 0 75 150 300 I � rnNFamen� — — — — — — � = — — � I I I - � � 3 �r � � _ �ITE SEITLEMENT ROAD ��««� — — -- (A VARIABLE \VIDTH R.O.W, 70.0'-98.3') - ' �� i FIXTURES TO BE REPLACE, � UPGRADE THE LUMINARIES TO LED I EXHIBIT C: STREET LIGHTS IMPROVEMENTS CRYSTAL SPRINGS City of Fort Worfh, Texas Mayor and Council Communication COUNCIL ACTION: Approved: on 9L2712016 DATE: Tuesday, September 27, 2016 LOG NAME: 06CRYSTAL SPRINGS WATER PARTICIPATION REFERENCE NO.: **C-27943 SUBJECT: Authorize Execution of a Community Facilities Agreement with LVG Investments, LLC, with City Participation in the Amount of $381,902.00 for Relocation of a Twenty-Four Inch Sewer Main in the Area North of White Settlement Road and East of the West Fork Trinity River in the City of Fort Worth (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of a Community Facilities Agreement with LVG Investments, LLC, with City participation in the amount of $381,902.00 for relocation of a twenty-four inch sewer main in the area north of White Settlement Road and east of the West Fork of the Trinity River in the City of Fort Worth. DISCUSSION: LVG Investments, LLC, the developer of Crystal Springs, has made an application for a Community Facilities Agreement (CFA) for construction of public infrastructure including water, sewer, paving and street light improvements, to serve the Crystal Springs development and the surrounding area located in the City of Fort Worth (Council District 7) Staff has determined that the existing sewer line requires relocation to continue to serve future development in the area. The Water Department is participating in the Developer's project to relocate approximately 1,100 linear feet of sewer line to a location outside the Crystal Springs parcel. The City's cost participation to relocate the sewer line is estimated to be in the amount of $381,902.00, as shown on the table below. �ter Construction wer Construction ving Construction �rm Drain Construction -Site Sewer Construction Construction mtingency (15 percen� �nstruction Subtotal Total Inspection Fees Material Testing Fees �nstruction Fees Sub-total >tal Proiect Cost $ 237,542 $ 108,040 $ 58,315 $ 116,933 $ 432,773 $ 953,603 953.603.00 $ 22,221.30 $ 19,072.06 $ 41,293.36 $ 994,896.36 $0 $0 $ 0.00 $ 320,925.00 $ 320,925.00 $ 48,139.00 $ 369,064.00 $ 6,419.00 $ 6,419.00 $ 12,838.00 381.902.00 $ 237,542.00 $ 108,040.00 $ 58,315.00 $ 116,933.00 $ 753,698.00 1,274,528.00 $ 48,139.00 1,322,667.00 $ 28,640.30 � $ 25.491.06 $ 54,131.36 $ 1,376,798.36 The costs stated herein are based upon City Council approved CFA unit prices rather than actual cost. Logname: 06CRYSTAL SPRINGS WATER PARTICIPATION Page 1 of 2 The reimbursement of the participation, excluding inspection and material testing fees, is not a lump-sum amount and may be less than stated above depending upon actual quantities from the Notice of Final Completion Package, commonly referred to as the Green Sheet Package. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available as appropriated in Project P00001 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, $7,675,831.00 is available to fund future individual projects. FUND IDENTIFIERS (FIDs�: TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by;, Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS 1. Crystal Springs Form 1295.pdf (Public) 2. Crystal Springs Location exhibit.pdf (Public) Jay Chapa (5804) John Carman (8246) Julie Westerman (2677) Logname: 06CRYSTAL SPRINGS WATER PARTICIPATION Page 2 of 2 CERTIFlCATE OF INTERESTED PARTIES FORnn 1295 1of1 Complete Nos.1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATItJN OF FILING 1. Name of business entity filing form, and the city, state and country of the business entiry's piace Certificate Number: of business. 2016-103675 LVG Investments, LLC Dallas, TX United States oace Fiied: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/24/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of tfie services, goods, or other property to 6e provided under the contract. CFA 2016-075 FP-15-115 CFA Cost Participation - Crystal Springs on the River - 24" Sewer Relocation - 24-INC M-206 SS Re�ocation CPN 100017 CFA 2016-078 FP-1S-115 4 Nature of interest Name of Interested Party Ciry, State, Country (place of business) (check appiicable) Controlling Intermediary Wildstone Construction �LC Fort Worth, TX United States X Ridgemont Construction Dallas, TX United States X �VG Investments, LLC Dallas, TX United States X 5 Check oniy if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the ahove disclosure is true and correct. � Si�n re of authorized agent of contracting business entiry AFF{X NOTARY STAMP ! SEAL ABOVE / Swom to and subscribed before me, by the said ��� u�,S� f�uKle r��� , this the -- ��� day of � 20 , to rtify which, witn ss my hand and seal of office. c r � 5i ature of o�cer administ ring oath Printed name of officer ad in' r' Titie of officer min stering oath Forms pro ided by Texas Ethics ommission ,,r,.••••., tc��Tj� Version V1.0.277 t :�: � C,��, �j�s p1,2�2017 « Nata�'Y m 01Y22'1703