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Home My WebLink AboutContract 42295COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT § § City Secretary Contract No . L\: d--~C( '5 WHEREAS, the undersigned "Developer" desires to make certain improvements (refer to the name of the project at the bottom of the page) an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth , a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties , Texas , hereinafter called "City", to do certain work in connection with said improvements . Developer Information: Developer Company Name: Hill wood Residential Services, LP. Authorized Signatory: Brian Carlock Title: President Project Name: North Beach Street-Golden Triangle to Keller-Hicks Project Location : North Beach Street Additional Streets: Golden Triangle and Keller-Hicks Rd. from Alta Vista Blvd . 1000 ft. to the East Plat Case No .: FP-011-020 Plat Name: North Beach Street Addition Mapsco: 22K Council District: 2 To be completed by staff: . Received by: <,._) ()/\ )'6\~ CFA: 2011-041 DOE : 6508 City Project No: 01455 Date: __ q~J _, \~\ \..,______ __ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 09 -20 -11 P04 :32 IN NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: 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 and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement (this "Agreement") as if copied herein verbatim. Developer agrees to comply with all provi sions 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 t here shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the infrastructure. Developer further acknowledges that said process requires the contractor to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub-contractor and suppl iers in full. Additionally, the cont ractor will provide in writing that the contractor has been paid in full 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 fo ll owing checked exhibits are made a part hereof: Water (A) NA Sewer (A-1) NA , Paving (B) _x.__ Storm Drain (B-1) _x_, Street Lights & Signs (C) _K_. 2 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. F . For all infrastructure included in this Agreement for which the Deve loper 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 insured, licensed and bonded to do work in public streets and/or prequalified to perform water/waste water construction as the case may be . 11. 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 construction cost in the Cost Summary Table, and a maintenance bond in the name of the City for one hundred percent (100%) of the construction cost in the Cost Summary Table for a period of two (2) years 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 amount s required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The Cit y shall be named as additional insured on all insurance requ ired by said documents and same will be evidenced on the ACORD Certificate of Insurance supplied by the contractor's insurance provider. iv. To require its contractor to give 48 hours notice to the City 's Construction Services Division of intent to commence construct ion so that C ity inspection personnel will be available ; and to require the contractor to allow the construction to be subject to inspection at any and all times by 3 City inspection forces, and not to 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 provide documentation of quantities and city pricing consistent with the Cost Summary Table 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. v1. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. City agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by 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 will execute all necessary agreements with the overhead utilities for the City-requested relocation of the overhead utilities. J. Developer hereby releases the City from any claims by the Developer for any inadequacies in the preliminary plans, specifications and cost estimates supplied or prepared by the City for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. The city, at their expense, will provide any other necessary easements and right of ways requirement 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 4 hereby, fully indemnify, hold harmless and defend the City, its officers , agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, 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, his contractors, sub-contractors, officers , agents or employees , whether or not such iniuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. M. 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 iniuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. Further, Developer will require its 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 and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City. N. Upon completion of all work associated with the construction of the infrastructure and improvements , Developer will assign to the City a non- 5 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 . 0. Inspection and material testing fees are required as follows: i. Developer shall pay 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 constructi on cost as stated in the Cost Summary Table . ii. Developer shall pay 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 Cost Summary Table. iii. Developer shall pay 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 total construction cost as stated in the Cost Summary Table. iv . Developer shall not be obligated to pay any amount described in subsections (i), (ii) and (iii) above until the City has paid its $6,400,000 share of the total construction cost as stated in the Cost Summary Table. P. COMPLETION WITHIN 2 YEARS 1. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CF A be extended for one year. If the community fac ilities are not completed within such extension period, there will be no further obligation of the City to participate. Funds in the amount of $6,400,000 have been appropriated for City participation (M & C C- 24971 ). Funds shall be released as outlined in Section Q of this Agreement. 6 u. 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. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the community facilities if at the end of two (2) years from the date of this Agreement the community facilities have not been completed and accepted. iv. The City may uti lize the Developer's financial guarantee to cause the completion of the construction of the community facilities or to cause the payment of costs for construction of same 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. Q. REIMBURS EMENT Once every thirty (30) days, Developer may submit a written request for partial payments accompanied by copies of quantities from Developer 's contractors to the Director of the Department of Transportation and Public Works ("Director"). The Director or his/her designee shall have ten (10) business days to review each partial pay request submitted by Developer and to contest any disputed amount in writing. If no contest is made within ten ( 10) business days of receipt of a partial pay request , the req uest shall be deemed approved. If the Director or his/her designee time ly and reasonably objects to any portion of the partial payment request , then a written objection shall be delivered to Deve loper during the review period. The written notice shall set forth objections in reasonab le detail. The undisputed portion of the partial payment request 7 shall be paid within thirty (30) days of rece ipt of the partial payment request. Developer shall exercise good faith efforts to cure the objectionable items to the City 's reasonable satisfaction, and the process set forth above shall be repeated unt il the payment request is completely approved and full y paid . In no event sh all the City's participation under this Agreement exceed $6 ,400 ,000. R. ASS IGNM ENT The Deve loper has the right, from time to time , to co ll aterally assi gn any of its rights , title, or interest under this Agreement to any future lender and/or any future owner of all or any portion of the 6 1.468 acres of property included in FP-11-020 . Provided the City has been given a copy of the document creating the lender's interest, including notice information for the lender, the lender shall have the right, but not the obligation, to cure any default under this Agreement and shall be given a reasonable time to do so in accordance with the provis ions of this Agreement; and the City agrees to accept a cure offered by the lender as if offered by the Developer. The collateral assignment shall not obligate any lender to perform any obligations or incur any liability under this Agreement unless the lender agrees in writing to perform such obligations or incur such li ability. Provided the City has been given a copy of the assignment to a subsequent ovvner , such owner shall have the right to cure any default under thi s Agreement and shall be given a reasonable time to do so in accordance with the provisions of this Agreement, and the City agrees to accept a cure offered by such owner as if offered by the Developer. g COST SUMMARY TABLE NORTH BEACH STREET FROM GOLDEN TRIANGLE TO KELLER HICKS) Developer Item Cost City Cost Total Cost A. Construction 1. Paving $503,518 .30 $1,762,993.95 $2,266,512 .25 2. Mobilizat ion/Traffic Control $83,308.34 $291,691.66 $375,000 .00 3. Excavat ion $132,499.13 $463,925.87 $596,425.00 4 . Storm Drainage $0.00 $2,940,270 .00 $2,940,270 .00 5. Street Lights $33,224.70 $116,331 .30 $149,556.00 6. Street Signs $0.00 $0.00 $0 .00 Materia l Testing & lnsp. $53,480.13 $344,448.87 $397,929.00 7. Water $0.00 $0.00 $0.00 8 . Sanitary Sewer $0.00 $0.00 $0.00 Inspection (2%) $0.00 $0 .00 $0.00 Material Testing (2%) $0.00 $0.00 $0.00 Mitigation $22,215.56 $77,784 .44 $100,000.00 Landscap ing $0.00 $0.00 $0.00 Signals $0.00 $144,754 .00 $144,754 .00 Ut ility Relocations $0.00 $0.00 $0.00 Engineering/Construction Admin . $15,051.01 $111,504.26 $126,555.27 Cont . $146,295.66 $146,295 .66 Subtotal ~843,297 .17 ~6,400,000.00 ~7,243,297.18 Right of Way $1,500,000 .00 $0.00 $1,500,000.00 TOTAL $2,343,297.17 $6,400,000.00 $8,743,297 .18 Note: I. City's total cost is capped at $6 ,400,000 . Individual line items may v ary provided that the Grand Total does not exceed $6,400 ,000. Developer shall pay all costs for the improvements contemplated by this Agreement in excess of $6 ,400 ,000. 2. Right of Way value and easements are to be cred ited to Developer to the extent allowed by Ordinance No. 18083. 9 The Checked Must be Included as Attachments to this Agreement Included ~ D D D D ~ D 181 D ~ D Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1 : Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit 8-1: Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Light s and Signs Estimate 10 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, at Fort Worth, Texas this t-D-tA-day of 5f'f~~e,... __ ,201.L_. CITY OF FORT WORTH -Recommended by: Vltt{-C C -l.l,(~t( 6 .1 L[. 11 Approved by City Manager's Office ~~CJ_ F ernando Costa Assistant City Manager OWNER HILL WOOD RESIDENTIAL SERVICES, L.P. a Texas limited partnership By: Hillwood Services GP, LLC a Texas limited liability company, its general partner By· A~ Na~e:~~ocK Title: _ .... f/1 ..... "I'.____ ______ _ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX II L. a I ~ K yDr • ,::, z. CJ} ID '::T if -4'7 dflSIOC c_. 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NORTH BEACH STREET IMPROVEMENTS DATE : AUGUST 201 1 HILLWOOD RESIDENTIAL lnll PELOTON SERVICES, L.P. 1iiiT' LAN D IOLU TI ONI 5430 LBJ FREEWAY SUITE 800 DALLAS , TEXAS 7524 0 PHONE : 972-20 1-2800 FAX: 972-201-2959 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 xx oo LL LL . <( I-Cl) Cl) w Wo:::: ...J w o::'.::c: ~ l-o ~ . \ ' Cl) iO Cl) ,n Cl) '<( ~ zov C>z i,9 ROY HUCKABAY IJ-0 IO I<( ::C: C) I : I- C) Z C) Z ICI) z <( z o z CHARLES : : > ~ g; § i ~ SLA~ON ,u\ I lj ; 0 <( ~ rri S: N ' I I <( !:f~~ >-<( 1-0 ! : o::::a..o::.... o::::oz coz i ! Cl) """ o::'. ...J -' ' ~ WO ~ I I -------------__ I-------- KELLER HICKS MIDDLE SCHOOL ADDITION ZERO TWELVE POINT FOUR, L.P. KELLER I. S. D. BUS FACILITY ' ' . '-_,----------,: HOSFEL T, WILLIAM J ETUXC YOUNG, JACQUELINE ETAL LEGEND I I -28' B-B / 130' ROW (TYP) 66' PVMT / 86' ROW SIDEWALK EXHIBIT B-PAVIN (NORTH) BARRIER FREE RAMP ········~ ................................ ··························· ·············oEVELOPER:················;···················· I) HILLWOOD RESIDENTIAL JillL PELOTON 0 NORTH 300' NORTH BEACH STREET SERVICES, L.P. 11111 •••• SOLUTIO N S IMPROVEMENTS 5430§&1T~i~WAY 5751 :iiE1~rRIVE DALLAS , TEXAS 75240 KELLER , TX 76244 GRAPHIC SCALE DATE : AUGUST 2011 p~~:E~.JI-~if1~1lfg00 PHONE : 817-562-3350 :-JL•, / \, / ,, GOLDEN TRIANGLE BLVD. ----_______ /, -------------------------------------------------------_______ , ---------------------------- 1- UJ UJ a::: I- (/) I ~ UJ CD I ~ 0 z / EXHIBIT B -PAVING {SOUTH) . ND I 28' B-B / 130' ROW (TYP) 66' PVMT / 86' ROW SIDEWALK BARRIER FREE RAMPS .... - --~-.............................. -. . ..................... -................. "D"EVELOPE.R:· ........... -.. ; ..... -........... . I,) NORTH BEACH STREET HILLWOOD RESIDENTIAL JillL PELOTON 0 NORTH 300' SERVICES, L.P . 11111 L A ND SOLUTIONS IMPROVEMENTS 5430 }~rT~~i~WAY 5751 ~~iiE1~rRIVE DALLAS , TEXAS 75240 KELLER , TX 76244 PHONE : 972-20 1-2800 PHONE : 817-562-3350 FAX : 972-201-2959 GRAPHIC SCALE DATE :AUGUST 2011 >< >< oo LL LL . <( I-(/) (/) w UJ 0::: ....Jw 0::: I <( 1-:::c 0~ (/) (/) C!) (/) : C!J z C!J ! 6-7'x4' MBC 5 ~ B ROY HUCKABAY :<( (BY OTHERS) a ~ a CHARLES i ~ ZERO TWELVE ~ i:: ~ R. i>,... POINT FOUR, L.P. 1--1-SLAYTON •<( '-' C!J o::: oo EX 6' 3' = i· 1-c5 2 ~ w CUL R = ·~ o:: 0 a.. '.:2: ~ ~ ~ 1-· i EX 5' X 4' BOX ffi a..~ ~ ~ : : CULVERT ~ -3 311 I I ________________________ ~---: ~ '~ _______ KELLER HICKS ROAD ~v,, = : 3~ : 21" : : . / 21", )-J._L_L__IL/ 21"' : l-J KELLER I. S. D. BUS FACILITY I I I . KELLER HICKS MIDDLE s q HoOL ADDITION :~' I --------... I ' ' I I I . \ ,--. / ',, / \. ------ ---------N\E.p..oo\J'JS 0 ! :---_ MONICA LANE ----cRE-E-~oR1\-\ c5 ! ! ' 6 t f~~lsE-' o:: l _ _i'---L-,.-J--=-'--'-_L-----'--------'---'-------'---l <C 110"CMP ~ 1 HOSFEJ-Ju~tLIAM J <( 11 O"RCP YOUNG, ~<( JACQUELINE ETAL LEGEND PROPOSED STORM DRAIN EXIST STORM DRAIN EXHIBIT B1 -STOR DRAINAGE (NORTH) ' ...... -~-........................................................................... D"EVELOPE.R:· ............... ; .................. . l) HILLWOOD RESIDENTIAL Jilll PELOTON 0 NORTH 300' NORTH BEACH STREET SERVICES, L.P. 11111 •••• ID L UT I ONI IMPROVEMENTS 5430k~rT~R8~~WAY 5751 ~~~~E1~~RIVE DALLAS , TEXAS 75240 KELLER , TX 76244 GRAPHIC SCALE DATE : AUGUST 2011 p~~:E~-,9I..~#1~~i?J000 PHONE : 817-562-3350 ' ' I ' co / ~ ,' ---------~-/ MQ.. xu. _______________ WO.::: 1-~ 1-w w c::: 1- (/) ::r: ~ w ID ::r: ~ 0 z ' ' / (,,, GOLDEN TRIANGLE BLVD. --------------------------------------------------------------' ------------------------------ / ND PROPOSED STORM DRAIN : EXIST STORM DRAIN EXHIBIT B1 -STORM DRAINAGE (SOUTH) ' ...... -~-........................................................................... "D"EVElOPER:· ............... ; ................... . I) HILLWOOD RESIDENTIAL Jtl!L PELOTON NORTH 300' NORTH BEACH STREET SERVICES, L.P. 11111 •••• IOLUTIONI IMPROVEMENTS 5430k&J~i~WAY 5751 ~~i~E1~~RIVE DALLAS , TEXAS 75240 KELLER , TX 76244 0 GRAPHIC SCALE DATE :AUGUST 2011 PHONE : 972-201-2800 PHONE : 817-562-3350 FAX : 972-201-2959 ---I I ~ CJ') CJ') C!) CJ') C!) z C!) >< >< zoz ROY HUCKABAY oo OIO I ~ u. u. :C C!) I . <( C!) z C!) z CHARLES z <( z oz I-CJ') CJ') w <( I-<( CJ') 0 R. I--I-LU 0::: ::! CJ') SLAYTON ....Jw C!) a::: CJ') ~~ I 0::: I z CJ') w -~ ' ,-~ I-o<C~ N ' a::: a.. <( en <( I () od -~->-z t: cj ' 0:: a.. od 0:: 0 en Z I CJ') od a::: -~-· LU 0 ~ i ~--------------------------I-. --------___ ,__ ______ , ------------------------------------------------- . \ KELLER HICKS MIDD SCHOOL ADDITIO ' I I I ' ' I ' ; EXHIBIT C -STREE'" LIGHTS (NORTH) ' ' I ' ' , __ ,------~ , KE LLER HICKS ROAD . . '"------------------------------------------------- r·------------------------------------------~: I • 0 KELLER I. S. D. BUS FACILITY LEGEND N PROPOSED STREET LIGHTS EXIST STREET LIGHTS .···· '.] . ~.··· ~~~TH ·~~~~~·s;~~~;··-~1~~i§~Efi~E.~N ~1;~··· i ~~~9.i~.~ I IMPROVEMENTS 5430LBJFREEWAY 57 51 KROGER DRIVE SUITE 800 SUITE 185 DALLAS, TEXAS 75240 KELL ER , TX 76244 I PHONE : 972-201-2800 PHO NE: 8 17-562-33 50 FAX : 972-201 -2959 GRAPHIC SCALE DATE : AUGU ST 2011 ___________ /, ' ' ' I ' / 1-w w 0:: I- C/) I ~ w III I ~ 0 z ( I ' ' I ' ' I ' ' I ' ' I ' ' ,, GOLDEN TRIANGLE BLVD. --------------------------------------------------------------- ---- --- ------------------------------, LEGEND EXHIBIT C -STREET LIGHTS (SOUTH) • 0 PROPOSED STREET LIGHTS EXIST STREET LIGHTS . -.... -~-........................................................... -......... ----.. -·o-EVELOPER:· ............... ; .................. . I) HILLWOOD RESIDENTIAL JillL PELOTON 0 NORTH 300' NORTH BEACH STREET SERVICES, L.P. 11111 •••• IOLUT I OMI I IMPROVEMENTS 5430LBJFREEWAY 5751 KROGER DRIVE I SUITE 800 SUITE 185 DALLAS , TEXAS 75240 KELLER , TX 76244 GRAPHIC SCALE DATE : AUGUST 2011 PHONE : 972-201-2800 PHONE : 817-562-3350 FAX : 972-201-2959 I ~ ,_ ,- X >< oo LL LL . <( I-(/) (/) w w 0:: ....iw 0:: I ~ 1-u ca ....... ·1 .... . .. (/) (/) (!) (/) I ROY HUCKABAY (!) z (!) zoz 0IO I (!) I C9z(!) z 1 z <t: z o z CHARLES : <(I-I-<( (J) 0 R. I -I-:::! (J) SLAYTON ; (!) 0:: (/) > ....J z (/) w > > o<C~ ·> N 0:: 0. <( cc <( I-. _<C..., >-z ...... u o:: ~ ca o:: o ~ ~ I ' ' '-_,------~ (/) 0:: -- : ca ~ o ~ ! ~ KELLER HICKS ROAD : :---------------------------------------~------t,,) ~ ~--------------------------------·~--------------: : -----------------------------------------------......::ff c,,--------------------------------------------~__; : i : I "'-'. : I I ' ' I ' ' I ' ' ' ' I I ' KELLER HICKS MIDDLE SCHOOL ADDITION ' I I ' ' I ' ' I ' ' I EXHIBIT C2 -SIGNALS {NORTH) I ' ' I KELLER I. S. D. BUS FACILITY HOSFEL T, WILLIAM J ETUXC YOUNG, JACQUELINE ETAL N ' ...... -~-............................................................................ D"EVELOPE"R:· ............... ; .................. . l) HILLWOOD RESIDENTIAL JillL PELOTON o NORTH 300' NORTH BEACH STREET SERVICES, L.P. 11111 LAND IOLUTIONI I IMPROVEMENTS 5430LBJFREEWAY 5751 KROGER DRIVE I SUITE 800 SUITE 185 DALLAS , TEXAS 75240 KELLER , TX 76244 GRAPHIC SCALE DATE :AUGUST 2011 PHONE : 972-201-2800 PHONE· 817-562-3350 FAX : 972-201 -2959 . M&C Rev iew Page 1 of 2 Official site of the City of Fort Worth, Texas CITY C OUNC IL AGENDA fORT\VORTH ~ DATE: CODE: 6/14/2011 C COUNCIL ACTION: Approved on 6/14/2011 REFERENCE NO.: TYPE: C-24971 NON- CONSENT LOG NAME: PUBLIC HEARING: 06N BEACH STREET CONSTRUCTION NO SUBJECT: Authorize the Execution of an Infrastructure Construction Agreement with Hillwood Residential Services , LLC, with City Participation Not to Exceed $6,400,000.00 for the Construction of North Beach Street from Keller-H icks Road to Golden Triangle Boulevard and Keller Hicks Road from Alta Vista Boulevard 1,000 Feet to the East (COUNCIL DISTRICT 2) -RECOMMENDATION: It is recommended that the City Council : 1. Authorize the City Manager to execute an Infrastructure Construction Agreement with Hillwood Residential Services, LLC, with City participation in an amount not to exceed $6,400,000 .00; and 2 . Waive the limitation of Section II, Paragraph 11 of the Policy for the Installation of Community Facilities that limits City participation and recommend City participation in accordance with Local Government Code 212.072 and the Unit Price Ordinance No. 14552 and No. 17967-002-2008, as amended . DISCUSSION: The 2008 Capital Improvement Program (CIP) approved $5,000,000.00 for the design and construction of the east half of North Beach Street from Keller-Hicks Road to Golden Triangle Boulevard of a four-lane divided roadway. On January 9 , 2007, (M&C G-15571) the City Council authorized the sale of $42,325 ,000.00 Certificates of Obligation for the purpose of funding part of the Critical Capital Needs Program, which included funds for the design and construction of Keller-Hicks Road from Alta Vista Road to Park Vista Boulevard as a four-lane undivided arterial roadway . The Developer desires to make certain street, storm drainage, street sign, traffic signal and street light improvements to North Beach Street from Keller-Hicks Road to Golden Triangle Boulevard and to Keller- Hicks Road from Alta Vista Road to approximately 1,000 feet east. The Developer also desires to help fund construction of the project by donating right-of-way for North Beach Street in exchange for Transportation Impact Fee credits , in accordance with the Transportation Impact Fee Ordinance No . 18083 adopted May 13 , 2008 , effective July 1, 2008 . The Developer, Hillwood Residential Services, LLC, and the City of Fort Worth w ill share the cost of this project as reflected by the table below . The estimated total cost of the improvements and related support services , including construction , surveying and inspection is estimated to be $7,241 ,865.00 . Staff recommends participation with the Developer to build the roadways , including the oversizing of the community facilit ies. Staff requests a waiver of the Policy for the Installation of Community Facilities which states that City participation may not exceed 30 percent in a Community Facilities Agreement (CFA). In accordance with state law , the City will participate at a level of 25 percent for the required facilities and 100 percent for the oversizing. The City of Fort Worth would like to have this portion of North Beach Street and Keller-Hicks Road completed as soon as possible because of the significant need in this area . Based on unit prices from Ordinance No. 14552 and No. 17967, as amended and the project estimate of quantities, it has been determined that the City's participation shall not exceed $6,400 ,000 .00 . http ://app s.c fw net.org/council_p acket/m c _r eview .a sp ?I D =l 534 3 &councildat e=6/l 4 /20 11 ,tl• I. 09/01 /20 11 M&C Rev iew The City had $7 .6 million for these design and construction of these two roadway projects. After paying for the design contract, right-of-way acquisition, and utility relocations , the City funds available for construction are $6,400,000. The summary of costs for the Developer and the City associated with this Infrastructure Construction Agreement are summarized below: A. Construction Inspection/Testing TOTAL Developer Cost $ 938,384 .87 $ 53,480 .13 $ 991,865.00 City Cost $ 6,055,551 .13 $ 344,448 .87 $ 6,400,000.00 Total Cost $ 6 ,993 ,936.00 $ 397 ,929 .00 $ 7,391,865.00 Construction plans have been prepared by Teague Nall and Perkins, Inc., and are being reviewed by the City of Fort Worth, Department of Transportation and Public Works . The developer will obtain construction bids for the proposed work and the work will be authorized to begin with the approval of this CFA. This project is located in COUNCIL DISTRICT 2, Mapsco 22K and P . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies upon approval of the above recommendations, funds will be available in the current capital budget, as appropriated , of the Street Improvements Fund and the Critical Capital Projects Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 06N BEACH STREET CONSTRUCTION (2).pdf FROM Fund/Account/Centers C204 541200 202230145583 $3,449 ,000 .00 C295 541200 202230079183 $2,951 ,000.00 Fernando Costa (6122) Greg Simmons (7862) Jim Walker (8009) http ://apps.cfwnet.org/council _p acket/mc _rev iew.asp?ID= l 5343&councildate =6/l 4 /2011 Page 2 of it]: 09 /01 /2 011