Loading...
HomeMy WebLinkAboutContract 41859 (2)CITY SECRETARY 4 �Sci CONTRACTNO,NO. COMPLETION AGREEMENT This Completion Agreement (the "Agreement"), is made and entered into by and among the City of Fort Worth, (the "City") and VWS-36AC, LLC., a Texas limited liability company, (the "Developer") effective as of the it) dayof U`-i\-A,, p ) 2011. The City and the Developer are hereinafter collectively called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 36.875 acres that is located in the City, the legal description of which tract of real property is marked Exhibit "A" — Legal Description, attached hereto and incorporated herein for all purposes, which tract of real property is hereinafter called the "Property"; and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP 010-030 as approved by the City on or before the date of this Agreement (hereinafter called the "Plat"); and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of the Paving, Drainage, Water and Sewer Improvements to serve The Villages of Woodland Springs Phase 7, Section 4 (hereinafter called the "CFA"); and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the paving, drainage, water and sewer utilities, street signs, and street lights for the development of the Property (herein collectively called the "Community Facilities"), and WHEREAS, the Parties desire to set forth the terms and conditions of such accomm-�-ar�.-cribed above. OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX NOW THEREFORE, for and in consideration of the benefits to be derived from the mutual observance by the parties of the terms and conditions hereof, and for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs required to complete the Community Facilities in the aggregate should not exceed the sum of One Million One Thousand Sixtv-Two and 75/100 Dollars ($1,001,062.75), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities in accordance with City standards, the CFA, the Plat and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities. 4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to payment and performance bonds or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any COMPLETION AGREEMENT SELF FUNDED March 2006 Page 2 of 4 other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or (b) mutual written agreement of the P arties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the P roperty in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the P roperty as provided herein is to guarantee the Developer's obligations under the CFA are completed. 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: A. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; B A statement that the Property is private property and that same may be subject to mechanic's and materialman's liens; C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property; and COMPLETION AGREEMENT SELF FUNDED March 2006 Page 3 of 4 D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in (a), (b) and (c) above. 8. Miscellaneous. A. Non -Assignment of Agreement This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: and/or City of Fort Worth Planning & Development Department 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: CFA Division David Schroeder, Development Manager Email: David.Schroederafortworthgov.org Confirmation Number: 817-392-2239 Attention: CFA Division Jana Knight, Administrative Assistant Email: Jana.Kniahtna,fortworth2ov.ora Confirmation Number: 817-392-2025 COMPLETION AGREEMENT SELF FUNDED March 2006 Page 4 of 4 and With a copy thereof addressed and delivered as follows: Marcia E Wise Office of the City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Confirmation Number: 817-392-7607 (ii) Notice to the Developer shall be addressed and delivered as follows: VWS-36AC, LLC. Attention: Randall Van Wolfkswinkel 1221 North I-35E, Ste. 200 Carrollton, TX 75006 VWS-36AC, LLC. Attention: Steve Lenart 520 Central Parkway E Suite 104 Plano, TX 75074 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be COMPLETION AGREEMENT SELF FUNDED March 2006 Page 5 of 4 construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. Executed by the Parties to be effective as of the date first stated above. EXECUTED IN QUADRUPLET. APPROVED AS TO FORM: CITY OF FORT WORTH: itkicza cragete;••••4a----• Marcia E. Wise Senior Assistant City Attorney Attested by: Marty Hendrix, ity Sec 4,,tst.bianict; ntetior4z��'O & REQUIRED 000 ovr+ o v� � o r� 114 L�oAl gyp' LETION AGREE LF FUNDED March 2006 Page 6 of 4 OFFICIAL RECORD , ©ETV SECRETARY NW0RTh9 TX Fernando Costa Assistant City Manager DEVELOPER: VWS-36AC, LLC. A Texas Limited Liability Company B y : Name: EXHIBIT A - EXHIBIT B - COMPLETION AGREEMENT SELF FUNDED March 2006 Page 7 of 4 Title: AA Ad MiNFSt.. Date: LIST OF EXHIBITS LEGAL DESCRIPTION APPROVED BUDGET EXHIBIT A LEGAL DESCRIPTION COMPLETION AGREEMENT SELF FUNDED March 2006 Page 8 of 4 EXHIBIT "A." LEGAL DESCRIPTION Being a tract of land situated in the James H Eastman Survey, Abstract Number 501, City of Fort Worth, Tanant County, Texas and being all of that tract of land described by deed to Transcontinental Realty Investors, Inc (tract 1) recorded in Instrument Number D205318871, County Records Tanant County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at the northwest coiner of said Transcontinental Realty Investors, Inc. tract, being the northeast corner of Lot 12X, Block 166, Villages of Woodland Sprmgs West, Phase 7, Section 2, as recorded in Cabinet A, Slide 12555, Plat Records, Tarrant County, Texas, and being in the south right-of-way lme of Timberland Boulevard (a 120 foot right-of-way), the beginning of a curve to the left; THENCE with said south right-of-way line and curve to the left, an arc distance of 567.66 feet, through a central angle of 30°41'00", having a radius of 1060.00 feet, the long chord of which bears N 39°21'53"E, 560.90 feet; THENCE N 24°01'23"E, 504.91 feet to the northeast corner of said Transcontinental Realty Investors Inc tract; THENCE S 36°47' 18"E, 1541.53 feet departing said south right-of-way line with the northeast line of said Transcontinental Realty Investors, Inc. tract and the existing west right-of-way line of Old Denton Road (an undedicated public road); THENCE S 00°46'24"W, 824.95 feet with east line of said Transcontinental Realty Investors, Inc. tract and said west right-of-way line; THENCE S 45°30'40"W, 10.42 feet continuing with said east line and said west right-of-way line to the most southerly corner of said Transcontinental Realty Investors, Inc. tract and the most easterly corner of said Lot 12X, Block 166, the beginning of a non -tangent curve to the right; THENCE departing said west right-of-way line with the west line of said Transcontinental Realty Investors, Inc. tract and the east line of said Lot 12X, Block 166 the following bearings and distances: with said non -tangent curve to the right, an aic distance of 155.73 feet, through a central angle of 09°54'50", having a radius of 900.00 feet the long chord of which bears N 67°03'57"W, 155.53 feet; N 84°46'45"W, 155.66 feet; Jacobs Job No. WFXJ4202.0462 S#FW21H May 13, 2011 J:\JOB\WFXJ4202\SUR\WP\LFG\Deed_pal.doc Page 1 of 2 N 64°46'27' N 53°02'45' N 39°12'41' N 76°43'31' 'W, 248.32 feet; 'W, 219.45 feet; 'W, 361.04 feet; 'W, 221.10 feet; N 54°34'49"W, 249.95 feet; N 32°26'25"W, 129.94 feet; N 02°34'42"E, 150.43 feet; N 24-°53'53"W, 136.76 feet to the Point of Beginning and containing 1,606,274 square feet or 36.875 acres of land, more or less. This legal description is for contract purposes only, not for the conveyance of real property. Jacobs Job No. WFXJ4202.0462 S//FW21H J: \JOB\WFXJ4202\SUR\WP\LEG\D eed_pa 1. doc May 13, 2011 Page 2 of 2 EXHIBIT B APPROVED BUDGET COMPLETION AGREEMENT SELF FUNDED March 2006 Page 9 of 4 JACOBS ENGINEERING GROUP INC. 777 MAIN STREET, FORT WORTH, TEXAS 76102 PHONE NO (817) 735-6000 crA ESTII ii A 'E T 'LLA OfWOODLAND -SPRINGS \.? ''[zzSEIIISECTION IV April 18, 2011 WATER DISTRIBUTION SYSTEM ITEM# DESCRIPTION 1 12" Water Main 2 10" Water Main 3 8" Water Main 4 12" Gate Valve & Box 5 10" Gate Valve & Box 6 8" Gate Valve & Box 7 6" Gate Valve & Box 8 Std. Fire Hydrant 1" Water Service & Type A Meter Box (including 9 service taps & service lines) 1" Water Service & Type A Meter Box (Including 10 service taps and service lines) 11 CI Fittings Sawcut, Remove and Replace Asphalt Pvmt for service connection, Old Denton (2 locations), 12 Bobcat Drive 13 Remove and haul off ex 2.5" wl 14 Connect to Ex Water System Cut and Plug existing 6" WL at Old Denton & Keller 15 Hicks Drive 16 'Class B (2500 PSI) Concrete 17 'Class E (1500 PSI) Concrete 18 'Ballast Stone 19 Crushed Limestone 20 Trench Safety 21 System Testing 22 SWPPP Maintenance 23 'Traffic Control for Old Denton Road ITOTAL WATER DISTRIBUTION SYSTEM NEW QTYI 98 1363 4445 2 2 11 5 5 UNIT L.F. L.F. L.F. EA. EA. EA. EA. EA. 104 EA. 2 EA. 4.5 TON 63 S.Y. 98 L.F. 5 EA 2 5 5 5 5 5,906 5,906 I 1I 11 EA. C.Y. C.Y. C.Y. C.Y. L.F. L.F. L.S. L.S. PRICE 32.00 23.00 17.00 1,525.00 1,250.00 900.00 650.00 I 2,100.00 I 525.00 525.00 2,200.00 75.00 10.00 750.00 300.00 100.00 75.00 25.00 25.00 0 25 0.50 500.00 1,500.00 NEW AMOUNT' 3 136.00 1 31 349.00 1 75 565.00 3 050.00 2 500.00 9 900.00 3 250.00 10 500.00 54,600.00 1,050.00 9,900.00 4,725.00 980.00 3,750.00 600.00 500.00 375.00 125.00 125.00 1,476.50 2,953.00 500.00 1,500.00 $222,409.50 G:\JOB\WFXJ4202\EST\CFA\Final CFA VWS 7-4 20110511 .XLSCFA prices Page 1 JACOBS ENGINEERING GROUP INC. 777 MAIN Si REET, FORT WORTH,- TEXAS 76102 PHONE NO. (817) 735 6000 f r CEf. ESTIMATE FOR /GE OF WOODLAHD SP PHASE VUU SEC k EON April 18, 2011 SANITARY SEWER C ITEM# DESCRIPTION 1 8' SDR 35 PVC Pipe 2 8" SDR 26 PVC Pipe 3 4' Dia Manhole (w/ Vacuum Test) 4 4' Dia Drop Manhole (w/ Vacuum Test) 5 4' Dia MH Over Ex Main w/ conc collar (w/ Vac Test) 6 Connect to Exist SS MH/SS system 4" Service SDR-35 (including service taps and 7 service lines) 4" Service SDR-26 (including service taps and 8 service lines) 9 Class B (2500 PSI) Concrete 10 Class E (1500 PSI) Concrete 11 Ballast Stone 12 (Crushed Limestone 13 'Trench Safety 14 ITV Inspection 15 'Protective Coating in Manholes TOTAL SANITARY SEWER COLLECTION SYSTEM OLLECTION SYSTEM NEW QTY UNIT PRICE 4,200 L.F. 17 00 300 15 2 1 1 L.F. EA EA EA EA. 50 EA. 54 5 5 5 5 4500 4500 20 20 50 2,145 00 3,304 00 2,480 00 1,200 00 360.00 EA. 445.00 C.Y. 100.00 C.Y. 75.00 C.Y. 25.00 C.Y. 25.00 L.F. 1.00 L.F. 1.00 V.F. 150.00 NEW AMOUNT 71 400 00 6,150 00 32,175 00 6,608.00 2,480.00 1,200.00 18,000.00 24,030.00 500.00 375.00 125.00 125.00 4,500.00 4,500.00 3,000.00 II $175,168.00 G:\JOB\WFXJ4202\EST\CFA\Final CFA VWS 7-4 20110511 .XLSCFA prices Page 2 JACOBS ENGINEERING GROUP INC. 777 MAIN STREET, FORT WORTH, TEXAS 76102 PHONE NO (817) 735 6000 CFA'AS`"IMATE FOR HE VAT GES OF WOOD ikN PR �./ -CHASE VIE cEcTEN STREET IMPROVEMENTS ITEM# DESCRIPTION 1 6" Lime Subgrade 2 Hydrated Lime (28#/SY) 3 6', 3000 psi R.C. Street Pvmt w/7" Curb 4 2' Asphalt Overlay 5 Barrier Flee Ramps 6 Sawcut/Remv Ex Sidewalk 7 Sawcut/Remv /Ex C&G 8 Sidewalk Ad] to Open Space 9 Concrete Street Header 10 End of Street Barricades 11 Adjust Sanitary Sewer Manhole Rim 12 SWPPP (Maint.) 13 Traffic Control TOTAL PAVING Apri 18, 2011 PAVING NEW CITY UNIT 15,475 S.Y 217 TON 14,454 S.Y. 708 S.Y. 12 EA 88 L.F. 155 L.F. 140 S.F. 66 L.F. 0 L.F. 18 EA 1 L.S. 1 L.S. PRICE 2 25 145 00 23 50 12 00 1,100 00 18 00 25 50 3.50 24.00 35.00 75.00 3,850.00 1,700.00 NEW AMOUNT 34 818.75 31 465.00 339 669.00 8 496.00 13 200.00 1 584.00 3 952.50 490.00 1,584.00 0.00 1,350.00 3,850.00 1,700.00 $442,159.25 G:\JOB\WFXJ4202\EST\CFA\Final CFA VWS 7-4 20110511 .XLSCFA prices Page 3 JACOBS ENGINEERING GROUP INC. 777 MAIN STREET, EOM WORTH, TEXAS 76102 PHONE NO. (817) 735-6000 EEC ITEM# DESCRIPTION 1 48" RCP Storm Pipe 2 42" RCP Storm Pipe 3 39" RCP Storm Pipe 4 33" RCP Storm Pipe 5 130" RCP Storm Pipe 6 127" RCP Storm Pipe 7 124" RCP Storm Pipe 8 121" RCP Storm Pipe 9 ;Trench Safety 10 ISTD 15' Curb Inlet 11 ISTD 10' Curb Inlet 12 5' Std. Storm Manhole 13 Adjust Storm Drain Manhole Rim 14 48' Sloping Headwall 15 42' Sloping Headwall 16 27' Sloping Headwall 17 112 Bottom Channel 18 'Rock Rip Rap 19 (Traffic Control ((TOTAL STORM DRAIN SYSTEM CFA ESTIMATE FOR GES OF WOODLAND sr ''E E E E ASE VER SECILON EV April 18, 2011 STORM DRAIN SYSTEM NEW QTYI UNIT 197 1 L.F. 360 L.F. 0 L.F. 268 L.F. 92 L.F. 169 I L.F. 41 1 L.F. 74 I L.F. 1,201.001 L.F. 41 EA. 61 EA. 3 EA. 3 EA. 1 EA. 1 EA 2 EA. 1,307 L.F. 3801 SY. 1 1 LS EME PRICE 111.00 93.00 91.00 66.00 61.00 56.00 51.00 48.00 1.00 2,800.00 2,300.00 2,850.00 3,500.00 1,950.00 1,550.00 1,000.00 3.00 30.00 1,500.00 NEW AMOUNT 21 867.00 33 480 00 0.00 17,688.00 5,612 00 9,464.00 2,091.00 3,552.00 j 1,201.00 1 11,200.00 13,800.00 8,550.00 10,500.00 1,950.00 1,550.00 2,000.00 1 3,921.00 11,400.00 1,500.00 $ 161,326.00 G:\JOR\WFXJ4202\EST\CFA\Final CFA VWS 7-4 20110511 .XLSCFA prices Page 4 - JACOBS ENGINEERING GROUP INC. 777 MAIN STREET, FOfii -WORTH, TEXAS 76102 PIiONE NO. (817) 735 6000 IITEMit DESCRIPTION 1 Street Lights 2 Street Sign Fee Iii"OTAL STREET LIGHTS & SIGNS tfO DLbN PI ASP VEI SECTION Ike April 18, 2011 STREET LIGHTS & SIGNS NEW QTY UNIT UNIT PRICE 17 EA $2,600.00 7 EA. 245.00 *Contruction service, and maintenance provided by Tri-County **City is still requiring Inspection of the street lights. 4% NEW AMOUNT 0.00 1,715.00 $13715.001. G:\JOB\WFXJ4202\LST\CFA\Final CFA VWS 7-4 20110511 .XLSCFA paces Page 5 VLLL ITEM# 'DESCRIPTION 1 112" Water Main 2 110" Water Main 3 18" Water Main 4 Diff. Between 10" Water Main & 8" Water Main 5 Connect to Ex Water System 6 12" Valve 7 10" Valve 8 Diff. Between 10" Valve & 8" Valve 9 CI Fittings 10 Diff. Between 10" CI Fittings and 8' CI Fittings Sawcut, Remove and Replace Asphalt Pvmt for service connection, Old Denton (2 locations), 11 Bobcat Drive 12 2" Asphalt Overlay 13 Remove and haul off ex 2.5" wl Cut and Plug existing 6" WL at Old Denton & Keller 14 Hicks Drive 15 Trench Safety 16 System Testing 17 Traffic Control 18 Inspection Fees 19 Material Testing Fees JACOBS ENGINEERING GROUP INC. 777 MAIN STREET FORT WORTH, TO AS 76102 PHONE NO (817) 735 6000 STIMATE FOR WOODLAND SPRING SE-fr VIE SECTION RI Apr'I 18, 2011 CITY PARTICIPATION - WATER LINE CONSTRUCTION QTY UNIT PRICE 98 L.F. 32 00 432 L.F. 55 L.F. 862 L.F. 2 EA. 2 EA. 1 EA 2 EA 1.2 TONS 0.6 TONS 63 708 98 2 585 585 1 2%I 2°7°I S.Y. S.Y. L.F. EA. L.F. L.F. L.S. L.S. L.S. 23 00 17 00 6 00 750.00 1,525.00 1,250.00 350.00 2,200.00 440.00 75.00 12.00 10.00 300.00 0.25 0.50 1,500.00 45,327.15 45,327.15 (TOTAL CITY PARTICIPATION - WATER LINE NEW AMOUNT 3,136.00 9,936.00 935.00 5,172.00 1,500.00 3,050.00 1,250.00 700.00 2,640.00 268.40 II$ 4,725.00 8,496.00 980.00 600.00 146 25 292.50 1,500.00 906.54 906.54 47,140.24j G:\JOBWWWFXJ4202\EST\CFA\Final CFA VMS 7-4 20110511 .XLSCFA prices Page 6