HomeMy WebLinkAboutContract 47168 (2)lacrist
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Y FACILITIES AGEEMENT
WITH CIT��VER I ING PA TICIPAT ON
Developer Information:
Developer Company Name: FG Aledo Development
Address, State, Zip Code: 3045 Lackland Blvd.
•
Phone, E-Mail: 817-717-7133, kgill@sableholdings.com
Authorized Signatory/Title: Kim Gill/ General Manager
Project Information:
Project Name: Morning Star Off -Site Water — Westside V
Project Location: FM 3325 Parker County
Plat Case No.: None Plat Name: None
Mapsco: 760D
Council District: ETJ Adjacent to CD 3 City Project No: 02606
CFA: 2015-058 DOE: 7479
To be completed by s
Received by:
Date:
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 1 of 17
/Orcreig
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COMMUNITY FACILITIES AGREEMENT
WITH CITY OVERSIZING PARTICIPATION
THE STATE OF TEXAS
COUNTY OF TARRANT
City Secretary
Contract No.
WHEREAS, FG Aledo Development, LLC, ("Developer"), desires to make certain
specific improvements as described below and on the exhibits attached hereto
( `Improvements") related to a project generally described as Morning Star Off -Site Water —
Westside V Water Main (` Project') within the City or the extraterritorial jurisdiction 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 the amount of $4,593.725.52 in connection
with the collective Improvements for the Project; and
WHEREAS, the construction costs of the Improvements, including the Oversized
Improvements, in the Developer's Project are as presented by the Cost Summary Table and
Exhibits hereto; and
WHEREAS, The City's cost participation shall be in an amount not to exceed
$2,048,766.48 ("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; and
WHEREAS, Walsh Ranches Limited Partnership ("Walsh") has agreed to cost
participate in the Improvements to provide capacity in the Project to serve the Walsh Ranch
property. Walsh's participation is an estimated $431,074.28, based on engineer's estimate
and cost sharing as shown in Exhibit A-1. Walsh will provide the funds directly to the City.
Upon project completion, Developer, City and Walsh shall reconcile their respective
participation amounts with actual quantities constructed and accepted by the City. Walsh
will provide any additional cost participation payment to the City; and
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 2 of 17
WHEREAS, Walsh reserves the right to request changes to the Project to
accommodate a potential water main lowering adjacent to the Walsh Ranch development
and Developer and City will use their best efforts to accommodate such request; and
WHEREAS, the City Council has authorized funding for the Oversized
Improvements by M&C C 27460 on September 15, 2015;
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 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 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 this 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) X; Sanitary Sewer (A-1) ; Paving
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 3 of 17
(B) ; Storm Drain (B-1) ; Street Lights & Signs (C) .
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 work in public ways
and/or prequalified to perform water/waste water 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 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
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 4of17
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.
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
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 5 of 17
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, Jzold 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
nezlizence of the City of Fort Worth, its officers, servants, or
employees. Further, Developer will require its 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
City of Fort Worth Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date 07.30.2015
Page 6 of 17
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
the cost of the Oversized Improvements shall terminate if the facilities
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
additional year. If the Oversized 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 Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 7 of 17
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 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 hen upon the
property which is the subject of the Completion Agreement.
vi. If the City fails to utilize the Developer's financial guarantee in
accordance with subsections (iv) and (v) above, Walsh shall be entitled
to a refund of any balance remaining on its financial participation,
subject to costs paid for actual work completed and attributable to the
capacity improvements to serve Walsh, if any.
Q. Walsh agrees to submit its estimated financial participation to the City in
the form of cash or check concurrent with its execution of this Agreement.
Should any additional funds be owed after the reconciliation process described
in the recitals, Walsh agrees to remit said funds to the City within 7 business
days of receiving notice from the City.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 8 of 17
COST SUMMARY TABLE
Developer's Cost City's Cost
A. Water and Sewer Construction
1. Water
2. Sewer
Water Contingency (25%)
Water Construction Cost Sub -Total
B. TPW Construction
1. Paving
2. Storm Drain
3. Street Lights
TPW Construction Cost Sub -Total
Total Construction Cost
Construction Fees:
C. Water/Sewer Inspection Fee (2%)
D. Water/Sewer Material Testing Fee (2%)
Water Construction Fees Sub -Total
E. TPW Inspection Fee
F. TPW Material Testing Fee
G. Street Light Inspection Fee
H. Street Signs Installation Cost
I. Civil/Geotechnical Engineering & Survey (20%)
TPW Construction Fees Subtotal
Total Construction Fees
TOTAL PROJECT COST
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
1,626,057.50
406,514.38
2,032,571.88
2,032,571.88
$ 1,575,981.90
$ -
$ 393,995.48
$ 1,969,977.38
$
$
$
$
$ 1,969,977.38
40,651.44 $ 39,399.55
40,651.44 $ 39,399.55
81,302.88 $ 78,799.10
$
$
$
$
$
$
81,302.88 $ 78,799.10
Walsh's Cost Total Cost
$ 331,595.60 $ 3,533,635.00
$ $
$ 82,898.90 $ 883,408.75
$ 414,494.50 $ 4,417,043.75
$ - $
$ $
$ $
$ $
$ 414,494.50 $ 4,417,043.75
$ 8,289.89 $ 88,340.88
$ 8,289.89 $ 88,340.88
$ 16,579.78 $ 176,681.75
$ $
$ - $
$ $
$ $
$ $
$ $
$ 16,579.78 $ 176,681.75
$ 2,113,874.76 $ 2,048,776.48 $ 431,074.28 $ 4,593,725.50
Page 9 of 17
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.
(SIGNATURE PAGE AND EXHIBITS TO FOLLOW)
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 10 of 17
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.
Approved by City Manager's Office:
Jesus J. Chapa
Assistant City Manager
Date:
jor-?gi69fte /5
Recommended By:
Water Department
1-\
Wendy Chi() abulal, EMBA, P.E
Development Engineering Manager
a/
J Jn
Carman,
Director
4vater Department
Approved as to Form. & Legality:
Douglas W. Black
Assistant City Attorney
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M&CNo.: ����
Date: I -
Developer: FG Aledo Development
,74/
i S
Name: Kim Gill
Title: General Manager
Date:
Transportation & Public Works
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W
Douglas
Doug Wiersig, P.E
Director
At1 EST.
I
Mary J. K
City Secretary
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 11 of 17
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
Cost Participating Party:
Walsh Ranches Limited Partnership
(execution hereof obligates the signatory to pay its share of the costs described in Exhibit A-1
and any additional funds owed after the reconciliation process, only, , and does not obligate
the signatory to the other terms of this CFA)
Walsh Ranches Limited Partnership,
a Texas limited partnership
By: Walsh North Star Company,
a Texas corporation, its General Partner
Name: Malcolm Louden
Title: President
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 12 of 17
Check items associated with the project being undertaken; the checked items must
be included as Attachments to this Agreement
Included
rs
■
Attachment
Attachment 1
Location Map
Exhibit A: Water Improvements
Water t
Exhibit A-1: Cost Participation Table 4 tmAitiet ECU M irrt
Exhibit B: Sewer Improvements
Sewer Estimate
Exhibit C: Paving Improvements
Paving Estimate
Exhibit D: Storm Drain Improvements
Storm Drain Estimate
Exhibit E: Street Lights and Signs Improvements
Street Lights and Signs Estimate
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 13 of 17
ATTACHMENT "1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 02606
Paragraph O. i. is hereby revised to read as follows:
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. Upon project completion and as a condition of
releasing the Financial Guarantee, the Developer shall pay in cash
any difference between the 4% share of the total construction cost
and the actual total inspection and material testing costs.
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 14 of 17
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CITY PARTICIPATION OVER 16"
12", 16" 24" AND 36" WATER LINES,
FIRE HYDRANTS, GATE VALVES AND
ASSOCIATED APPURTENANCES
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PROP
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EXHIBIT "A" D.O.E. NO. 7479
OFF SITE WATER IMPROVEMENTS WATER NO. P265-600140260683
CITY PROJECT NO. 02606
"MORNINGSTAR DEVELOPMENT-WS5" x-23178
WELCH ENGINEERING, I NC.
CONSULTING ENG/VEERS
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Exhibit A-1: Cost Participation Table
Cost Estimate for Morning Star Off Site Water- (City/Walsh Ranch pays for 16"/36" & 16"/24" Waterlines)
Item
Description Qty Unit
Engineers
Estimate
Total
Construction Morningstar Cost
Cost
City Walsh Ranch
Cost Cost
Comments
1 12" Water Pipe 10 LF $ 48 $ 480 1 $ 480 $ - $
2 16" Water pipe 1960 LF $ 65 $ 127,400 $ 127,400 $ - $ -
3 24" Water pipe 5080 LF $ 150 $ 762,000 $ 330,200 $ 408,720 $ 23,080 Cost based on percentage for
24" water line.
4 36" Water pipe 3630 LF $ 200 $ 726,000 $ 235,950 $ 387,639 $ 102,411 Cost based on percentages
for 36" water line.
5 16" Water Carrier Pipe 110 LF $ 200 $ 22,000 $ 22,000 $ - $
6 36" Water Carrier Pipe 525 LF $ 380 $ 199,500 $ 105,000 $ 69,930 $ 24,570 Cost based on 74/26
percentage for 36" water
line.
7 30" Casing by other 110 LF $ 675 $ 74,250 $ 74,250 $ - $
than Open cut
8 54" Casing by other 525 LF $ 1,500 $ 787,500 $ 354,375 $ 320,513 $ 112,613 Cost based on 74/26
than Open cut percentage for 36" water
line.
9 Concrete Encasement 80 CY $ 150 $ 12,000 $ 6,000 $ 5,460 $ 540 Cost based on %'s for 24"
for Utility Pipes water line. Bulk is located on
24" section.
10 12" Gate Valve
11 16" Gate Valve
w/Vault
1 EA $ 2,500 $ 2,500 $ 2,500 $
3 EA $ 14,000 $ 42,000 $ 42,000 $
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 15 of 17
12 24" Gate Valve
w/Vault
13 36" Butterfly Valve
w/Vault
14 Air Valve Assembly-2"
Valve
15 Air Valve Assembly-3"
Valve
16 Standard Blow -Off
Assembly-6" Valve
17 Standard Blow -Off
Assembly-8" Valve
18 Ductile Iron Water
Fittings w/Restraint
and Blocking (< 16")
19 Ductile Iron Water
Fittings w/Restraint
and Blocking (>16")
6 EA $ 48,000 $
3 EA $ 65,000 $
1 EA $ 7,800 $
6 EA $ 12,000 $
1 EA $ 5,000 $
5 EA $ 6,900 $
2 TN $ 6,900 $
8 TN $ 6,900 $
20 Connection to existing 1 EA $ 3,800 $
16" water main
21 Connection to existing 1 EA $ 7,500 $
36" water main
22 Trench Safety
23 SWPPP > 1 acre
24 Remove and Repair
Existing Fence
11315 LF $
288,000 $
195,000 $
7,800 $
72,000 $
5,000 $
34,500 $
13,800 $
55,200 $
3,800 $
7,500 $
1 $ 11,315 $
1 LS $ 25,000 $
200 LF $ 6 $
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
25,000 $
1,200 $
Page 16 of 17
84,000 $
42,000 $
7,800 $
46,800 $
5,000 $
25,000 $
13,800 $
27,600 $
3,800 $
3,800 $
5,658 $
25,000 $
1,200 $
188,700 $
117,300 $
- $
21,840 $
- $
8,322 $
- $
22,632 $
2,738 $
4,639 $
15,300 Cost based on percentage for
24" water line.
35,700 Cost based on percentages
for 36" water line.
3,360 Cost based on percentages
for 24" & 36" water lines.
1,178 Cost based on percentages
for 24" & 36" water lines.
4,968 Cost based on higher
percentage for 36" water line
(82%/18%). Need to revise
Unit Cost once bids come in.
962 Cost based on 74/26
percentage for 36" water
line.
1,018 Cost based on percentage for
24" water line.
25 Replace and Re- 1389 SF $ 10 $ 13,890 $ 6,945 $ 5,139 $ 1,806 Cost based on 74/26
establish 2" Gravel percentage for 36" water
Road line.
26 Traffic Control 4 MO $ 6,000 $ 24,000 $ 24,000 $ - $
27 Utility Markers 1 LS $ 7,000 $ 7,000 $ 3,500 $ 1,750 $ 1,750
28 Cathodic Protection 1 LS $ 13,000 $ 13,000 $ - $ 10,660 $ 2,340 Cost based on higher
percentage for 36" water line
(82%/18%).
29
Steel Fittings
(Alternative)
0
LS
$ 12,000
$
$
$
$
30
C303 Fittings
(Alternative)
0
LS
$ 12,000
$
$
$
$
Total Cost $ 3, 533, 635.00 $ 1, 626, 057.50 $ 1, 575, 981.90 $ 331, 595.60
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Oversizing Participation
CFA Official Release Date: 07.30.2015
Page 17 of 17
M&C Review
Page 1 of 3
Official site of the City of Fort Worth, Texas
Fo RT WORT!!
COUNCIL ACTION: Approved on 9/15/2015 - Resolution No. 4514-09-2015 & Ordinance No.
21888-09-2015
DATE9/15/2015 REFERENCE C-27460 LOG NAME'
NO.:
CODE
SUBJECT:
C TYPE
NON- PUBLIC
CONSENT HEARING:
06MORNINGSTAR OFFSITE
WATER IMPROVEMENTS WESTSIDE 5
NO
Authorize Execution of a Community Facilities Agreement with FG Aledo Development
LLC., and Walsh Ranches Limited Partnership in the Amount of $4,593,726.52 with City
Participation in the Amount of $2,048,776.48 for the Oversizing and Construction of the
Westside V Water Main to Serve the Morningstar Development, Walsh Ranch and
Surrounding Areas Located East of FM 3325 in Fort Worth's Extraterritorial Jurisdiction
and Adopt Reimbursement Resolution and Adopt Appropriation Ordinance (ETJ
ADJACENT to COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of funds in the amount of $431,074.28 from Walsh Ranches Limited
Partnership for oversizing the water capacity in the Westside V 24-inch/30-inch/36-inch water main to
serve Walsh Ranch;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Water Capital Projects Funds in the amount of $431,074.28;
3. Authorize the execution of a Community Facilities Agreement with FG Aledo Development LLC., in
the amount of $4,593,725.52, which includes City participation in the amount of $2,048,776.48 and
Walsh Ranches Limited Partnership financial participation in the amount of $431,075.?8 for the
installation of a 24-inch/30-inch/36-inch water main to serve the Morningstar Development, Walsh
Ranch and to accommodate future growth in the surrounding areas located East of FM 3325; and
4. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of
future debt for the cost of oversizing the Westside V 24-inch/30-inch/36-inch water main to serve
Walsh Ranch and construction of a 24-inch/36-inch water main to serve Morningstar and surrounding
areas located East of FM 3325 in Fort Worth's Extraterritorial Jurisdiction.
DISCUSSION:
•
Morningstar, a development located in Fort Worth's Extraterritorial Jurisdiction (ETJ), is located within
the Municipal Utility Districts No. 1 and No 2 of Parker County (Districts), which were established on
December 4, 2007 per M&C C-22562. As part of their off -site water infrastructure, Morningstar needs
only a 16 inch Westside V water main to serve its site. Walsh Ranches Limited Partnership agreed to
cost participate in the estimated amount of $431,074.28 in this proposed off -site water main for the
water capacity needed to serve the Walsh Ranch Development, which is adjacent to
Morningstar. The City of Fort Worth is cost participating in the oversizing of the off -site Westside V
24-inch/30-inch/36-inch water main to serve anticipated future growth in the surrounding area. The
City of Fort Worth's cost participation in the construction of said water main is estimated in the
amount of $2,048,776.48. The estimated construction cost for this water main is subject to
construction inspection and material testing fees.
FG Aledo Development, LLC., agrees to pay for additional inspection fees that would be above the
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standard 2 percent if the City deems the need to require additional inspections.
The summary of costs associated with Morningstar, Walsh Ranches and the City of Fort Worth is as
follows:
A. Water
Construction
1. Water
With 25%
Contingency
B. Construction
Fees:
1. Inspection (2%)
2. Material Testing
Fees (2%)
Construction Fees
Sub -Total
Total Water
Project Cost
Morningstar
Cost
City Cost
$1,626,057.50 $1,575,981.90
$2,032,571.88 $1,969,977.38
$40,651.44 I $39,399.55
$40,651.44 $39,399.55
$81,302.88
$2,113,874.76
$78,799.10
$2,048,776.48
Walsh
Ranches Cost
Total Cost
$331,595.60 $3,853,635.00
$414,494.50 $41417,043.76
$8,289.89
$8,289.89
$16,579.78
$431,074.28
$88,340.88
888,340.88
$176,681.76
$4,593,725.52
The costs stated above are based on an engineer's estimate. This project will be publicly bid. 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 (green sheet).
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 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 Funs} 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 an interim short-term financing source another funding source will be required, which could
mean issuance of securities under the Direct Purchase Note 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.
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. The Financial Management Services Department is currently working win all
departments to ensure that multi -year Capital Improvements Plans are in place. Newly developed
and already existing plans, such as the Water Department's current multi -year Capital: Improvement
Plan, will be presented to City Council for review and adoption If the City Council -adopted plan does
not include issuance of debt for this specific project, the project will be funded with other financing
sources. If the Council -adopted plan calls for debt issuance, that 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 this resolution does not obligate the
City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds
This project is located in Fort Worth's Extraterritorial Jurisdiction (ETJ ADJACENT to QQUNCIL
DISTRICT 3), Mapsco 710U 710V, 710Y, 710Z, 711S, 711W, 760C, 760D and 761A,
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M&C Review Page 3 of 3
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available as directed by M&C G-
18375 in the 2017 Water and Sewer Revenue Bonds Capital Project Fund for transfer from
unspecified funding to the Westside V 24-inch/30-inch/36-inch water main project as depicted in the
following table:
Fund
2017 Water and
Sewer Revenue
Bonds Capital
Project Fund
After appropriation of the amount of $2 048,776.48 to the project, an amount of $47,4S9,817.98 in
available revenue will remain in the 2017 Water and Sewer Revenue Bonds Capital Project Fund.
Projected
Expenditures
Balance
Available
Appropriation
Amount
$49,508,594.46
TO Fund/Account/Centers
2) P265 488100
2) P265 488500
2)P265 488100
2) P265 539140
2) P265 531200
2) P265 531350
600140260683
600140260684
600140260685
600140260683
600140260684
600140260685
$414.494.50
$8.289.89
$8.289.89
$414.494.50
$8.289.89
$8.289.89
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact
$2,048,776.48
$47,440,817.98
FROM Fund/Account/Centers
P266 539140 600140260683
P266 531200 600140260684
P266 531350 600140260685
P265 531200 600140260684
P265 531350 600140260685
P265 541200 600140260683
Jesus J. Chapa (5804)
Fernando Costa (6122)
John Carman (8246)
Randle Harwood (6101)
Wendy Chi-Babulal (8242)
Julie Westerman (2677)
$1.969.977.38
$39.399.55
$39.399.55
$8,289.89
$8.289.89
$414,494.50
ATTACHMENTS
06MORNINGSTAR OFFSITE WATER IMPROVEMENTS - WESTSIDE 5 P265 A015
(Rev8.28.15).docx
MORNINGSTAR WATER - REIMB RESOLUTION(Rev8.28.15).doc
Morningstar Water Location Map.pdf
http://apps.cfwnet.org/council packet/mc review.asp7ID=21426&councildate=9/15/2015 10/01/2015