HomeMy WebLinkAboutContract 29125 COMMUNITY FACILITIES AGREEMENT
10-03-03 IPJ
THE STATE OF TEXAS § City Secretary
COUNTY OF TAP RANT § Contract No. Aq L
WHEREAS, Keller Independent School District, hereinafter called Developer",
desires to make certain improvements to New A,eller High School located at Park Vista
Boulevard and Kroger Drive, an addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do
certain work in connection with said improvements.
NOW, THEREFORE, KNOW ALL THESE PRESENTS:
That said Developer, acting herein by and through Jac Irvine, its duly authorized
President of the Board of School Trustees, and the City, acting herein by and through
Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the
covenants and conditions contained herein, do hereby agree as follows:
I. 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, is
hereby incorporated into this Community Facilities Contract as if copy herein
verbatim. Developer agrees to comply with all provisions of said Policy in the
performance of its duties and obligations hereunder.
B. The requirements of the Policy shall govern this Community Facilities
Agreement, provided, however, that any conflict between the terms of this
Community Facilities Agreement and the Policy shall be resolved in favor of
this Agreement.
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C. Developer shall provide the City with a statement signed by a duly
authorized officer that Developer has appropriated sufficient moneys to pay
for its obligations contained herein.
D. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
administered conformance with paragraph 8, Section H, of the Policy.
F. To the extent allowed by law, and specifically to the extent that liability
would exist under Chapter 101, Texas Civil Practice and Remedies Code
("Code"), including without limitation Section 101.051, Developer further
covenants and agrees to, and by these presents does hereby indemnify, hold
harmless and defend the City, its officers, agents and employees from all
claims, suits, or causes of actions which could be maintained against
Developer under Chapter 101 of the Code, in any way connected with the
construction of the improvements or facilities described herein and due to the
negligence or misconduct of Developer, its contractors, subcontractors,
agents, or employees.
G. Developer shall install or adjust all of the required utilities to serve
the development or to construct the improvements required herein.
H. Developer agrees that no street construction or storm drainage will begin
prior to City Council approval of this Community Facilities
Agreement. (Article 104.100, Ordinance 7234).
I. Developer agrees that no lot shall be occupied under a certificate of
occupancy until the improvements required herein have been constructed.
(Article 104.100, Ordinance 7234).
J. Developer hereby releases the City for any inadequacies in the preliminary
plans, specifications and cost estimate supplied by the Developer for this
contract.
K. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to construct
current and future improvements provided for in this agreement.
COMMUNITY FACILITIES AGREEMENT
NEW KELLER HIGH SCHOOL.
Page 2 of 4
K. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to construct
current and future improvements provided for in this agreement.
Il. Street and Storm Drain Facilities
A. The Developer(s) agree to install or to cause to have installed, the street,
storm drainage, street lighting, street name sign and other community facility
improvements shown as "current improvements" on the attached Exhibits B
and B-1.
B. As shown below in the Summary of cost for Street and Storm Drain
Facilities", the Developer shall fund its share of"current Improvements" and
shall either (i) award its own contract for construction and pay the City the
cost of construction inspection, construction engineering and management as
shown below, or (ii) pay to the City its share of the cost of street, storm
drainage, street lighting, street name signs as shown below. The estimated
total cost of current improvements and related support services specified in
this agreement, including design, construction and inspection is estimated to
$862,471.00.
Item Developer Cost City Cost Total Cost
A. Construction
1. Streets $ 626,660.00 $ 40,513.00 $ 667,173.00
2. Storm Drainage $ 176,700.00 $ -0- $ 176,700.00
3. Street Lights $ -0- $ -0- $ -0-
4. Street Name Signs $ -0- $ 100 $ 100.00
B. Engineering Design $ -0- $ 2,431.00 $ 2,431.00
C. Construction Engineering $ 16,067.00 $ (*) $ 16,067.00
and Management by DOE(2%)
TOTALS $ 819,427.00 $ 43,044.00 $ 862,471.00
COMMUNITY FACILITIES AGREEMENT
NEW KELLER HIGH SCHOOL
Page 3 oF4
Notes:
1. All Preliminary Plats filed after Julyl 1, 2000 will require sidewalks on all streets.
2. Developer's column for Item C represents two percent (2%) costs for construction
inspection and materials testing.
(*) Represents City participation for construction fees.
3. City not preparing plans and specifications.
City's Participation is for the Right-Turn Lane on Park Vista at Kroger and the Left-Turn
lane on Kroger.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on behalf by its Assistant City Manager,
attested by its City Secretary, with the corporate seal of the City affixed, and said
Develo er has executed this instrument in quadruplicate, at Fort Worth this the t-�-day
Of CX,Q,� , , 2003.
Approval Recommended:
Water Department Transportation and Public Works Department
N/A
Dale Fisseler, P.E. Robert Goode, P. E.
Director Director
A EST: City ort Worth
M./'I j44� By:
ona Pear r Marc Ott
City Secret Assistant City Manager
Approved as to Form: ss ` �`�o U
Contract rAuthorization
Assistant rity Attorney Date
ATTEST: DEVELOPER
Keller Inde ent Sc 1 District
By:
Corporate Secretary Zc Irvine—Presi ent
ard of School Trustees
G-c— dry
COiYIb(UNITY FACILITIES AGREEMENT
NEW KELLER HIGH SCHOOL
Page 4of4 17� G c'n i �u�•
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BABLE COST OPINION Page 1 of 1
UE NALL AND PERKINS, INC.
ULTING ENGINEERS
TNP JOB NO. VLK 00292-01 18-Nov-02
CLIENT: CITY OF FORT WORTH
PARK VISTA BLVD. AND KROGER DR.
(CITY OF FORT WORTH PORTION)
ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL
NO.
PARK VISTA BLVD. PAVING IMPROVEMENTS(')
1 Unclassified Street Excavation 504 Cy $10.00 $5,040
2 Lime for Stabilization 8 TON $105.00 $840
3 T' Reinforced Concrete Pavement 504 SY $30.00 $15,120
Park Vista Blvd. Paving Subtotal $21,000
10% Contingency $2,100
Park Vista Blvd. Total $23,100
KROGER DR. PAVING IMPROVEMENTS
1 Unclassified Street Excavation 380 CY $10.00 $3,800
2 Lime for Stabilization 6 TON $105.00 $630
3 T' Reinforced Concrete Pavement 380 SY $30.00 $11,400
Kroger Dr. Paving Subtotal $15,830
10% Contingency $1,583
Kroger Dr. Total $17,413
City of Fort Worth Total $40,513
All quantities and costs in this section are for the Right-Turn-Lane on Park Vista at Kroger Dr.
(2)All quantities and costs in this section are for the Leftt-Turn-Lane on Kroger Dr at Chiefton Way.
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EXHIBIT B-1'
City of Fort Worth, Texas
"agoir And Council communication
DATE REFERENCE NUMBER LOG NAMEPAGE
7/29/03 C-19680 20NEW KELLERHS71 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH KELLER INDEPENDENT SCHOOL
DISTRICT FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR CENTRAL
HIGH SCHOOL LOCATED AT PARK VISTA BOULEVARD AND KROGER DRIVE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement (CFA) with Keller Independent School District (KISD) for the installation of community
facilities for Central High School located at Park Vista Boulevard and Kroger Drive.
DISCUSSION:
On December 19, 2000, the City Council adopted a resolution authorizing the issuance of$45 million in
Certificates of Obligation to address critical projects that include $4 million in development funds ($2.5
million for CFA new development funds and $1.5 million for development funds related to new school
sites) to supplement the 1998 Capital Improvement Program new development funds.
KISD, the developer of a Central High School, has executed a proposed contract for community
facilities to serve the high school. This project is located in northeast Fort Worth on the northeast
corner of Park Vista Boulevard and Kroger Drive. The City's participation is for the right-turn lane on
Park Vista Boulevard at Kroger Drive, and for a left-turn lane on Kroger Drive at Chiefton Way.
Sidewalks will be installed by KISD.
This CFA is in compliance with standard City policy. Street-lights are already existing. One street sign
will be installed at the City's cost.
The estimated cost of the community facilities is as follows and subject to the actual bid price.
ESTIMATED COST DEVELOPER CITY TOTAL
Street Improvements $626,660 $40,513 $667,173
Design Engineering N/A $ 2,431 $ 2,431
Construction Inspection Fees $ 12,533 (*) $ 12,533
Storm Drain Improvements $176,700 0 $176,700
Design Engineering N/A 0 0
Construction Inspection Fees $ 3,534 (*) $ 3,534
Street Lights 0 0 0
Street Name Signs 0 $ 100 $ 100
TOTAL ESTIMATED COSTS $819,427 $43,044 $862,471
(*) The City's portion of construction inspection fees are calculated based on actual street and storm
drain construction costs over the 2% paid by developer, as per the CFA policy, and are not included in
this Mayor and Council Communication.
City of Fort Worth, Texas
"agor And Council Communication
DATE REFERENCE NUMBERLOG NAME PAGE
7/29/03 C-19680 20NEW KELLERHS 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH KELLER INDEPENDENT SCHOOL
DISTRICT FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR CENTRAL
HIGH SCHOOL LOCATED AT PARK VISTA BOULEVARD AND KROGER DRIVE
PLAN COMMISSION APPROVAL — No Plan Comrrlission action was required for plat (AFP01-1022).
This development is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Critical Capital Projects Fund.
MO-.r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
C116 541200 020116136391 $40,513.00
Marc Ott 8476 C116 531200 020116136391 $ 2,431.00
Originating Department Head: C116 541200 020116136802 $ 100.00
Robert Goode 7804 (from) APPROVED 07/29/03
Additional Information Contact:
Robert Goode 7804