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HomeMy WebLinkAboutContract 29532 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary 64 COUNTY OF TAR-RANT § Contract No. ✓ � WHEREAS, FW Vista West, L.P., by Fourth Decade Corp., its General Partner hereinafter called "Developer", desires to make certain improvements to Vista West, Phase I, 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 BY THESE PRESENTS: That said Developer, acting herein by and through Lee Nicol, its duly authorized President, 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: 1. 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 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. B. The requirements of the Policy shall govern this Conuaaunity Facilities Agreement ("Agreement"), provided, however, that any conflict between the terms of this Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide a letter of credit acceptable to the City, such letter of credit being hereinafter referred to as the "Original Letter of Credit". The Original Letter of Credit shall be in the amount of 125% of the Developer's estimated cost of construction of the community facilities for the purpose of guaranteeing Developer's obligations to construct the community facilities and making payment to its contractor ). h&cfnafter referred to as the "Secured Obligations". The addition 1 254�,a of the CFA VISTA WEST JUNE 2, 2003 t~ r i r S estimated construction cost is hereinafter referred to as the "Change Order Fund." 1. Notwithstanding any contrary provision in this Agreement, Developer shall have the right to periodically (not more than one time per month) reduce the amount of the letter of credit, upon satisfaction of the following conditions: (a) Developer shall provide Fort Worth with written notice (the "Reduction Letter") that Developer desires to reduce the amount of the Letter of Credit; and (b) The balance of the Letter of Credit including the Change Order Fund after reduction is at least equal to the estimated value of the community facilities then remaining to be completed (such remaining value is hereinafter called the "Estimated Cost to Complete"). 2. The Reduction Letter shall be delivered to the Development Coordinator of the Department of Transportation and Public Works for street and storm drainage facilities or to the Development Coordinator of the Water Department for water and sanitary sewer facilities. 3. The Reduction Letter shall include a copy of the city inspector's partial pay estimate for the amount to be reduced, together with Waivers of Liens executed by the Developer's contractor(s). Fort Worth shall have seven (7) calendar days after receipt of the Reduction Letter to notify Developer and the bank issuing the Letter of Credit ("Bank") in writing of the amount by which the Letter of Credit may be reduced ("Reduction Notice"). Upon Bank's receipt of the Reduction Notice from Fort Worth, Bank shall be authorized to reduce the Letter of Credit by such approved amount without delay. 4. In the event that the Secured Obligations have not been completed within 22 months following the date hereof, Developer may request that this CFA be extended for one additional year and, contemporaneously with the request to extend, provide City with a Lett € Credit amount of cost to complete the community facilities a sh'mYn on-the city_ tMMUNITI ACILITIES AGREENIE \ FNT STA WEST PI IASL 1 N1 Page of 8 inspector's partial pay estimates, plus 25%. Failure to make a request to extend or failure to provide this Letter of Credit shall entitle City to draw upon the balance of the Original Letter of Credit. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section 11, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section ll, of the Policy. F. The Developer further covenants and agrees to, and by these presents does 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, 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, his contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or dainas?es are caused, in whole or in part, by the alleked neQliience of the City of Fort Worth, its officers, servants, 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. In the event that City participation exceeds $25,000, 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). NlMUNI'l N'FACH.rrIES ACREI_NII N I r ISTA WEST PHASE I Page ur8 J J. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water (A) attached; Sewer (A-1) Attached; Paving (B) attached; Storm Drain (B-1) attached; Street Lights and Signs (C) attached. II. Water and Sewer Facilities A. Developer shall install the proposed water line(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $519,186. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and the City shall share in the cost of the water improvements as follows: WATER FACILITIES: Estimated Estimated Developer Estimated Total Cost City Cost Cost Mains within $ 346,131 $ 95,555 $ 441,686 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service/Fire Line $ 76,500 $ 0- $ 76,500 Paving Repair/ Water $ -0- $ 1,000 $ 1,000 Sub-Totals, Water $ 422,631 $ 96,555 $ 519,186 * To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer and City shall be based upon: i �OMVgUAITY PACII_IfIGS AI,R[:LAfIiNT bISTA WFS"f PHASI?1 Page o(5 i LJ I. Unit prices contained in City of Fort Worth Ordinance No. 14552; City participation for water and sewer improvements is calculated as follows: WATER COST SHARE (Developer pays for 8" & 10" water pipe and gate valve. The City pays for 16"/10", 12"/10", and 12"/8" water pipe and valve. 16"/10" DIP water pipe ($40-$24) 2,634 L.F. x $16 = $ 42,144 12"/10" DR-14 water pipe ($26-$24) 2,688 L.F. x $ 2 = $ 5,376 12"/8" DR-14 water pipe ($26-$17) 679L.F• x $ 9 = $ 6,111 16'710" water valve ($6,587-$1,182) 4 EA. x $5,405 = $ 21,620 12"/10" water valve ($1 ,223-$1,182) 5 EA.-x $41 = $ 205 12"/8" water valve ($1 ,223-$ 676) 2 EA. x $547 = $ 1,094 12"/8" water fittings ($2,969/Ton) 2.8 Tons. x $2,969 = $ 8,313 4" water blowoff valve &MH ($3,624) 1 EA. x $3,624 = $ 3,624 1" air release valve &MH ($3,534) 2 EA. x $3,534 = 7,068 $ 95,555 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT _ $ 95,555 �t4MUNIT1'FACILITIES AGRIA-RENT ill C,STA WEST PHASE I I'agc 0f8 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $388,397. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer shall bear the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES.- Sanitary ACILITIES:Sanitary Sewer $ 286,397 $ -0- $ 286,397 Mains/Lines Approach $ -0- $ -0- $ -0- Easements * $ -0- $ -0- $ -0- Service $ 102,000 $ -0- $ 102,000 Engineering $ -0- $ -0- $ -0- Sub-To+als, Sewer $ 388,397 $ -0- $ 388,397 TOTAL Water and Sewer $ 811,028 $ 96,555 $ 907,583 Construction Costs CONSTRUCTION $ 16,221 $ 1,931 $ 18,152 INSPECTION FEE: *To he dedicated by the developer. 1 . The costs stated herein may be based upon construction estimates rather than actual cost. II. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storni drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, Bl, and C. 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 pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, B1, and C. The estimated total cost of current improvements ad- related n Q)MMUNITY FACILITIES AGREEMENT ! IST,A WEST PHASE I Page orb support services specified in this agreement, including design, construction and inspection is estimated to $1,418,529.00. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 1,030,433.00 $ 35,507.00 $ 1,065,940.00 2. Storm Drainage $ 276,814.00 $ - $ 276,814.00 3. Street Lights $ 11,500.00 $ 34,500.00 $ 46,000.00 4. Street Name Signs $ - $ 1,500.00 $ 1,500.00 B. Engineering Design $ - $ 2,130.00 $ 2,130.00 C. Construction Engineering and Management by DOE 2% $ 26,145.00 $ 26,145.00 $ 1,344,892.00 $ 73,637.00 $ 1,418,529.00 Notes: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. Sidewalk cost is included under street cost. The developer is responsible for installation of sidewalk. 2. Developer's column for Item C represents two percent (2%) cost for construction inspection fees and materials testing less 10% for contingency cost. (*) Represents City participation for construction fees based on actual cost. 3. City not preparing plans and specifications. -L� VistaWestPhl 1 6 fN 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 affixeVdayof said Developer a executed this instrument in triplicate, at Fort Worth, Texas this the � , 200,3.Y Approval Recommended: Water Department Transportation and Public Works Department Dale A. Fisse , P.E. bert Goode, P. E. Director Director ATT ST: — City Of Fort Worth loria Pearso Marc Ott ft City Secretary Assistant ity Manager Approved as to Form and Legality: contract authorization Assistant City Attorney Date DEVELOPER: ATTR FW Vista West, L.P. by Fourth Decade Corp, its Ge al Partner 1h, By: Co orate Secretary Lee Nicol, President � IMUNITY FACILITIES ACREEMEN'f C'ISTA WEST PI LASE i Page of 3 E. STREET LIGHTS : 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 9 EA $ 2 , 000 $18 , 000 . 00 MID-BLOCK RESIDENTIAL 10 EA $ 2 , 000 $20, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2 , 000 $8 , 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2 , 000 $0 , 000 . 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2 , 200 $0 , 000 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2 , 200 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $46, 000 . 00 City' s Cost $34 , 500 . 00 Developer' s Subtotal $0, 000 . 00 10% Contingencies $0, 000 . 00 Project Total $46 , 000 . 00 Adjacent Developer' s Cost $0, 000 . 00 Developer' s Cost $0, 000 . 00 2% Inspection Fee $0 , 00 . 00 Developer' s Responsibility See PG III-1, "Line 7" VISTA WEST, PHASE I March 12, 2003 Fort Worth, Texas March 12, 2003 -,, LJ III- 1 2 . STREET LIGHTS WORK DESCRIPTION: 1 . The Developer shall provide for the installation of streetlights at the approximate locations shown in Exhibit "C" , immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department . 2 . Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the Director of Transportation and Public Works . 3 . Streetlights on arterial streets shall be installed with underground conduit and conductors . 4 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities" . 5 . The Developer shall provide for the installation of a 2-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational . 6 . A 3-inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points . 7 . Street light conduit and footings shall be installed by the developer' s contractor as part of and at the time of street construction. The city will obtain electric service and complete the street light construction in accordance with approved plans . 8 . The developer or their contractor shall contact City' s street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-8100 to insure proper inspection of work. 9 -The procedure for installing conduit and footings will be with the inspector on the job site or you can request a copy by calling 817- 871-6596 . VISTA WEST, PHASE I March 12, 2003 L II1- 2 "STREETLIGHTS" INTERSECTIONS VISTA HEIGHTS BLVD & TERRACE VIEW DR 1 VISTA HEIGHTS BLVD & LONG PONTE AVE 1 PRAIRIE HEIGHTS DR & VISTA HEIGHTS BLVD 1 HIGHLAND RIDGE RD & TERRACE VIEW DR 1 HIGHLAND RIDGE RD & KESTREL LANE 1 BLUESTONE RD & TERRACE VIEW DR 1 BLUESTONE RD & FLEETRIDGE ST 1 BLUESTONE RD & CALICHE RD 1 LIPAN TRAIL CT & KESTREL LANE 1 MID - BLOCK HIGHLAND RIDGE RD 2 LIPAN TRAIL CT 4 PRAIRIE HEIGHTS DR 2 BLUESTONE RD 2 CHANGE OF DIRECTIONS LIPAN TRAIL CT 1 STONE SPRINGS RD 1 HIGHLAND RIDGE RD 2 VISTA WEST, PHASE I till �. ,i Lr IV STREET NAME SIGNS 1_ The City will install the street name signs upon final approval of the street construction_ The street name signs will remain the property of, and will be maintained by, the City. 2 _ The City will pay for the street name sign installations required for this development to the extent of $100 . 00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3 . This development creates the following fifteen (15) intersections at a cost to the City of $1,500. 00 : Kestrel Lane and Lipan Trail Court Kestrel Lane and Westpoint Boulevard Kestrel Lane and Lipan Trail Kestrel Lane and Highland Ridge Road Stone Springs Road and Lipan Trail Stone Springs Road and Highland Ridge Road Caliche Road and Bluestone Road Caliche Road and Highland Ridge Road Fleetridge Street and Bluestone Road Terrace View Drive and Vista Heights Boulevard Terrace View Drive and Bluestone Road Terrace View Drive and Highland Ridge Road Long Pointe Avenue and Vista Heights Boulevard Prairie Heights Drive and Vista Heights Boulevard Vista Heights Boulevard and Chapel Creek Boulevard u VISTA WEST PHASE I Fort Worth, Texas Date: February '25, 2176T— IV-1 1 PROJECT LOCATION v9 TRINITY C� y�ye°�po 8 Z' 121 N pL ov- RP pE 7TH GP�'P 82 30 SEDAL 80 = 287 �ERy 00 lake ngt 2 / � 81 820 EMINA J{/ vQ-P Q- r9B 20 287 0 � y Li 5 t� 3 2si 0 o_ L OCA TION MAP N T.S. 7.1 L I �l 3 bP �. 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N J Lj m N ui $ c n � d¢ � � � J ¢pa w 3 d p LL �O N ILS � U o I UJ o c W N f NO n5 m 1—LLO v i � w y O O oc 3 ca o F- w f- O �_ v C] o _ 0 Qcc c LL r: , f City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/16/2003 DATE: Tuesday, December 16, 2003 LOG NAME: 20VISTA WEST PH REFERENCE NO.: C-19911 SUBJECT: Community Facilities Agreement with FW Vista West, L.P. for the Installation of Community Facilities for Vista West Phase I RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement (CFA) with Vista West, L.P. for the installation of community facilities for Vista West Phase I. DISCUSSION: This project was included in the list of 83 projects approved by the City Council on July 29, 2003, prior to the moratorium on new development projects. On April 22, 2003 (M&C G-13956), the City Council approved funds in the amount of $3.28 million to be moved from the Special Assessments Fund to supplement the 1998 Capital Improvement Program new development funds. FW Vista West, L.P., the developer of Vista West Phase I, has executed a proposed contract for community facilities to serve a 671 lot single-family development located in far west Fort Worth, west of Chapel Creek Boulevard and south of Westpoint Boulevard (see attached map). The developer will install sidewalks in internal streets and along Westpoint Boulevard and Chapel Creek Boulevard. The City's participation is for one median cut, two left-turn lanes, and one right-turn lane on Westpoint Boulevard adjacent to this development. There is no City participation for storm drain improvements. Water and sewer improvements for this development will cost $925,735. There will be City participation in water pipe oversizing to increase capacity in the Vista West development area. The developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. There will be 23 street lights installed. The developer is responsible for the installation of underground conduit and pole bases. The City's participation is for the installation of all wiring and street light fixtures. The City will pay for the installation of 15 street name signs for this development. This Community Facilities Agreement is in compliance with standard City policy. The estimated cost of the community facilities is as follows and subject to the actual bid price: PROJECT COST DEVELOPER CITY TOTAL Water $ 422,631.00 $ 96,555.00 $ 519,186.00 Sewer $ 388,397.00 -- $ 388,397.00 Logname: 20VISTA WEST PH Noe 1 of Inspection $ 16,221.00 $ 1,931.00 $ 18,152.00 Subtotal Water $ 827,249.00 $ 98,486.00 $ 925,735.00 Street Improvements Construction $1,030,433.00 $ 35,507.00 $1,065,940.00 Design Engineering — $ 2,130.00 $ 2,130.00 Engineering & Administration $ 20,609.00 (") $ 20,609.00 Storm Drain Improvements Construction $ 276,814.00 — $ 276,814.00 Design Engineering — — — Engineering Administration $ 5,536.00 (*) $ 5,536.00 Street Lights $ 11,500.00 $ 34,500.00 $ 46,000.00 Street Name Signs — $ 1,500.00 $ 1,500.00 Subtotal TPW("") $1,344,892.00 $ 73,637.00 $1,448,529.00 TOTAL $2,172,141.00 $172,123.00 $2,344,264.00 (*) The City's portion of construction inspection fees are calculated based on actual street and storm drain construction over the 2% paid by developer, as per the CFA policy, and are not included in this Mayor and Council Communication. (**) Transportation and Public Works Department Plan Commission Approval - On August 28, 2002, the Plan Commission approved preliminary plat (PP- 002-064). The final plat has been submitted to City staff for review. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Street Improvements Fund and Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C115 541200 020115136400 $35,507.00 C115 531200 020115136400 $2,130.00 C115 541200 020115136801 $34.500.00 C115 541200 020115136802 $1,500.00 P162 541200 060162151600 $96,555.00 P162 531350 030162151600 $1,931.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: T nannmP• ?OVTCTA VJPgT P14 7 -f')