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HomeMy WebLinkAboutContract 40799STATE OF TEXAS COUNTY OF TEXAS § CITY SECRETARY CONTRACT NO 4nalSei WHEREAS, the City of Fort Worth ("City") has adopted its "Master Thoroughfare Plan" (the "IMP") which describes the development of the City's roadway infrastructure; and WHEREAS, the MTP includes the development of Westport Parkway from Alta Vista Road South for a distance of approximately thirteen hundred linear (1300) feet (said roadways, storm drains and lights) therewith being referred to herein as the `Improvements"); and WHEREAS, the City's Policy for Installation of Community Facilities requires Owners of property abutting proposed city roadways to construct or, upon request of an Owner, contribute a portion of the construction costs, and WHEREAS, Kingsley Creek Venture, Ltd., a Texas Limited Partnership, is the owner of a 3.261 acre tract of land situated in the City of Fort Worth, Tarrant County, Texas, in the Z. D. Davis Survey, Abstract Number 1888, and being a portion of the called 31.199 acre tract of land described in the deed to Kingsley Creek Venture, Ltd., recorded in Volume 14389, Page 256, Deed Records of Tarrant County, Texas, (the "Property"), a parcel of property consisting of approximately 3.26 acres and encompassing the Improvements. WHEREAS, Owner has requested that City rather than Owner construct the Improvements and City has agreed, subject to the terms of this Agreement; NOW THEREFORE, City and Owner, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. The City may construct (or cause to be constructed) the Improvements provided public funds are available, abutting properties develop, or construction is found to be necessary by the Director of Transportation and Public Works. 2. Owner has paid to the City the sum of One hundred eighty-seven thousand one hundred nineteen Dollars and 70/100's ($187,119.70), such amount being hereinafter referred to as the "Escrow", which Owner and City agree is the entire amount of Owner's contribution for the cost to construct the Improvements. By providing the Escrow, Owner agrees: Westport Parkway at Alta Vista Road Future Improvements CFA 2005055 09 14 07 09-15-10 P03:03 IN I OFFICIAL RECORD CRY SECRETARY zr we , TX. I (b) the amount of special benefit and enhanced value to Owner's property resulting from construction of the Improvements is equal to or greater than the amount of the Escrow, and (c) to waive the rights granted to Owner in Chapter 313 of the Texas Transportation Code to contest or appeal the assessment. By accepting the Escrow and by execution of this contract, City agrees that the Owner and any successor owner of all or part of the Property will have no obligation whatsoever to pay any amounts in addition to the Escrow or take any further action with regard to the construction of the Improvements, even if (a) the actual costs to construct the Improvements exceed the costs expected by the City as of the date of this contract, (b) the specifications, composition, or other characteristics of the Improvements hereafter change for any reason, (c) a mistake has been made (mutual or unilateral) in computing the costs of the Improvements or otherwise, or (d) the costs or scope of the Improvements change for any reason. 3. Owner and City agree that the terms of this agreement eliminate the need for a public hearing and issuance of notices as required by Tex. Transp. Code Ann. §§313.047-313.048 (Vernon Supp 1998). 4. This agreement shall be binding upon and inure to the benefit of the City and Owner and their respective successors and assigns. 5. Owner is in the process of developing the Property. Owner has deposited the Escrow with the City for the future Improvements, such Improvements being necessitated in part by the additional demands that the development of the Property will be placing upon Westport Parkway and being roughly proportionate to the impact of the proposed development along said roadways, and fairly represents the Owner's proportional share of the cost of the improvements to Westport Parkway. Should any claim be raised by Owner or Owner's successors -in -interest or assigns that the Escrow provided for herein is not proportional to the impacts of the development pursuant to Tex. Loc. Gov t Code sec. 212 904, successor -statute or any constitutional provision, Owner expressly agrees that the City Council and any reviewing court may rely upon the statements in this Agreement in considering relief under such claim. Owner further waives any claim that Owner's contribution in Escrow provided by this Agreement constitutes an unauthorized impact fee pursuant to Tex. Loc. Gov't Code chapter 395. Westport Parkway at Alta Vista Road Future Improvements CFA 2005055 09 14 07 Executed on this day of ATTEST: Marty Hendri City Secretary .„1,:oknestarriti, y n'oQoa 000r kg2* ptev pc_ 0 id (io � 0 Y oQ o v o Pi CITY OF FORT WORTH ©0 0 Q t J y(fl 4 APPROVED AS TO FORM Assistant CIfMtorney TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By: Ja42 Fk William A. Verkest, P.E. Director Westport Parkway at Alta Vista Road Future Improvements CFA 2005055 09 14 07 • By: Fernando Costa Assistant City Manager OWNER: KINGSLEY CREEK VENTURE L T D By: Fabius Corporation, General Partner By: 72-2v3 Michael B. Bergus Title: President • Ar !^ tT- "' tem.1 n n n 7)1 OFFICIAL RECOWi CITY SECRETARY FT; WORTh, TX STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, e unde si a led autho 'ty, a Notary Public in and for the State of Texas, on all a are s 1' h - as istant citymanager for the City of Fort Worth, known this day personally pp � to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this iSel day of taprfiga,a4,2007.$Ol0 sr y�y�L W `JJ • o � •A u5`.,�.• 1.?r`•O..�••�-4P•• ROSELLA BARNES MY COMMISSION EXPIRES Mares 31, 2013 — STATE OF TEXAS § COUNTY OF DALLAS § "&a_ar-elas Notary Public, State of Texas My Commission expires: n3 /iD BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Michael B. Bergus, known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this - day m\je c , 2007. RHONDA 1, iACL 1SE My Comnlsston Exp1rc s November 10, 2000 Okpy0o .Aoriwisa. Notary Public, State of Texas My Commission expires: )Juuctrikbec ID , aoo< Westport Parkway at Alta Vista Road Future Improvements CFA 2005055 09 14 07 Westport Parkway at Alta Vista Developers Escrow Estimate DAI No. 2003287-10 ENGINEER'S OPINION OF PROBABLE DEVELOPMENT COST 23-Jun-06 CONSTRUCTION COSTS UNIT II SECTION C - DRAINAGE IMPROVEMENTS BID PRICES (Developers Escrow share = 1/2 of total cost) UNIT II - SECTION D - PAVING IMPROVEMENTS BID PRICES (DEVELOPER ESCROW SHARE) STREET LIGHTS AND STREET NAME SIGNS (Developers Escrow share = 1/2 of total cost of street lights) TOTAL ESCROWED CONSTRUCTION COST $37,006 20 $138,791.00 $11,322.50 $187,119.70 Developers escrow share of Section D is equal to 27 foot of paving, subgrade. Lime, 1/2 of pavement markings and sidewalk along south R.O.W. of Westport Parkway. Developers share of Street lights and street name sign is equal to 1/2 of the required improvements. This estimate is based upon city approved design documents and publicly bid unit prices 200328710 T&PWCFA 06-0623 JWM.xls Page 1 of 2 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST IITEM I DESCRIPTION I PRICE I AMOUNT I IQTY/UNITI UNIT II SECTION C - DRAINAGE IMPROVEMENTS BID PRICES (Developers Escrow share = 1/2 of total cost) 1 21-inch Class III RCP 75 LF $43.00 $3,225.00 2 30-inch Class III RCP 328 LF $61.00 $20,008.00 3 36-inch Class III RCP 273 LF $79.00 $21,567.00 4 54 inch Class III RCP 33 LF $166.00 $5,478.00 5 10-foot curb inlet 4 EA $2,200.00 $8,800.00 6 4 foot square storm dram manhole 4 EA $2,600.00 $10,400.00 7 6 foot square storm dram manhole 1 EA $3,400.00 $3,400.00 8 Trench Backfill Density Testing 709 EA $1.00 $709.00 9 Trench Safety 709 LS $0.60 $425.40 SUBTOTAL CONSTRUCTION $74,012.40 UNIT II - SECTION D - PAVING IMPROVEMENTS BID PRICES (DEVELOPER ESCROW SHARE) 1 6-inch lime stabilized subgrade 4,082 SY $2.75 $11,225.50 62 TN $90.00 $5,580.00 2 Lime @ 30 Ibs/sy 3 7-inch sealing reinforced concrete street with 7-inch curbs and joint 3,933 SY $26.50 $104,224.50 4 4-foot wide sidewalk 593 SY $27.00 $16,011.00 5 Pavement Markings and buttons 1 LS $3,500.00 $1,750.00 SUBTOTAL $138,791.00 lights) STREET LIGHTS AND STREET NAME SIGNS (Developers Escrow share = 1/2 of total cost of street 1 Street lights 7 EA $3,200.00 $22,400.00 1 EA $245.00 $245.00 2 Street j name signs SUBTOTAL $22,645.00 200328710 T&PWCFA 06-0623 JWM.xls Page 2 of 2 Unit I - Water Sewer Improvements Unit 11 - Drainage and Paving Improvements Westport Parkway at Alta Vista Road City of Fort Worth D.O.E. No. 4792 Bid Date: April 14, 2005 Bidder Burnsco Construction, Inc. Guarantee: BB -Bid Bond CC -Cashiers Chk CTC-Cert Chk N/A Addenda Acknowledged/Subcontractor Disclosure Form Included N/A SECTION C - DRAINAGE IMPROVEMENTS PAY UNIT ITEM QTY UNIT ITEM DESCRIPTION PRICE AMOUNT 1 75 LF 21-inch storm drain pipe (Class III RCP) (complete in place with trench excavation and trench compaction) $43.00 $ 3,225.00 2 328 LF 30-inch storm drain pipe (Class III RCP) (complete in place with trench excavation and trench compaction) $61.00 $ 20,008.00 3 273 LF 36-inch storm drain pipe (Class III RCP) (complete in place with trench excavation and trench compaction) $79.00 $ 21,567.00 4 33 LF 54-inch storm drain pipe (Class III RCP) (complete in place with trench excavation and trench compaction) $166.00 $ 5,478.00 5 4 EA Standard 10-foot curb inlet (complete in place) $2,200.00 $ 8,800.00 6 4 EA 4-foot square storm drain manhole (complete in place) $2,600.00 $ 10,400.00 7 1 EA 6-foot square storm drain manhole (complete in place) $3,400.00 $ 3,400.00 8 709 LF Trench backfill density testing $1.00 $ 709.00 9 709 LF Trench safety $0.60 $ 425.40 TOTAL $ 74,012.40 SECTION D - PAVING IMPROVEMENTS PAY UNIT ITEM QTY UNIT ITEM DESCRIPTION PRICE AMOUNT 1 9,359 SY 6-inch lime stabilized subgrade $2.75 $ 25,737.25 2 141 TN Lime @ 30 lbs. /SY $90.00 $ 12,645.00 3 9065 SY 7-inch concrete pavement with silicone joint sealing and 7-inch curb $26.50 $ 240,222.50 4 171 SY 4-foot sidewalk along Westport Parkway $27.00 $ 4,617.00 5 1 LS Pavement markings and buttons (complete in place) $3,500.00 $ 3,500.00 TOTAL $ 286,721.75 FINAL BID SUMMARY: SECTION A - WATER IMPROVEMENTS: $ 99,432.00 SECTION B - SEWER IMPROVEMENTS: $ 19,018.50 SECTION C - DRAINAGE IMPROVEMENTS: $ 74,012.40 SECTION D - PAVING IMPROVEMENTS: $ 286,721.75 TOTAL AMOUNT BID: $ 479,184.65 Page 2of2 Unit I - Water Sewer Improvements Unit II - Drainage and Paving Improvements Westport Parkway at Alta Vista Road City of Fort Worth D.O.E. No. 4792 Bid Date: April 14, 2005 Bidder Burnsco Construction, Inc. Guarantee: BB -Bid Bond CC -Cashiers Chk CTC-Cert Chk N/A Addenda Acknowledged/Subcontractor Disclosure Form Included N/A SECTION A - WATER IMPROVEMENTS PAY UNIT ITEM QTY UNIT ITEM DESCRIPTION PRICE AMOUNT 1 8 LF 20-inch water pipe (DR-14) (complete in place with trench excavation and trench compaction) $194.00 $ 1,552.00 2 1,270 LF 16-inch water pipe (DR-14) (complete in place with trench excavation and trench compaction) $54.00 $ 68,580.00 3 110 LF 8-inch water pipe (DR-14) (complete in place with trench excavation and trench compaction) $20.00 $ 2,200.00 4 1 EA 16-inch gate valve and vault (complete in place) $8,400.00 $ 8,400.00 5 1 EA 12-inch gate valve with box and cover (complete in place) $1,500.00 $ 1,500.00 6 2 EA 8-inch gate valve with box and cover (complete in place) $900.00 $ 1,800.00 7 2 EA 6-inch gate valve with box and cover (complete in place) $700.00 $ 1,400.00 8 2 EA Fire hydrant, standard 3'-6" bury (complete in place) $1,800.00 $ 3,600.00 9 2 TN Cast iron fittings for water (furnish and install complete in place with concrete blocking) $3,400.00 $ 6,120.00 10 1 EA 1" Air release valve (complete in place) $2,900.00 $ 2,900.00 11 1,380 LF Trench backfill density testing $1.00 $ 1,380.00 TOTAL $ 99,432.00 SECTION B - SEWER IMPROVEMENTS PAY UNIT ITEM QTY UNIT ITEM DESCRIPTION PRICE AMOUNT 1 353 LF 8-inch sanitary sewer pipe (all depths) (SDR-35) (complete in place with trench excavation and trench excavation and trench compaction) $24.00 $ 8,472.00 2 102 EA 8-inch sanitary sewer pipe (all depths) (SDR-26) (complete in place with trench excavation and trench excavation and trench compaction) $27.00 $ 2,754.00 3 2 EA Standard 4-foot diameter to 6-foot depth, including watertight insert (complete in place) $1,900.00 $ 3,800.00 sanitary sewer manhole 4 10 VF Additional manhole depth beyone 6' deep manhole $100.00 $ 1,000.00 5 2 EA Sanitary sewer manhole vacuum testing $100.00 $ 200.00 6 1 LS Connection to existing sanitary sewer manhole $1,200.00 $ 1,200.00 7 455 LF Trench backfill density testing $1.00 $ 455.00 8 455 LF Trench safety $1.00 $ 455.00 9 455 LF Post construction TV inspection $1.50 $ 682.50 TOTAL $ 19,018.50 Page 1 of 2 I STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2,200 $0,000.00 MID -BLOCK RESIDENTIAL 0 EA $ 2,200 $0,000.00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,200 $0,000.00 MID -BLOCK COLLECTOR 0 EA $ 2,200 $0,000.00 MID -BLOCK ARTERIAL PARKWAY 0 EA $ 2,500 $0,000.00 MID -BLOCK ARTERIAL MEDIAN 7 EA $ 2,500 $17,500.00 RELOCATE EXISTING LIGHT 0 EA CFA CODE #2005055 $ 1,650 $0,000.00 Subtotal $17,500.00 City's Cost $00,000.00 Developer's Subtotal $17,500.00 10% Contingency $1,750.00 Project Total $19,250.00 Adjacent Developer's Cost $00,000.00 Developer's Cost $19,250.00 2% Inspection Fee $00,000.00 DEVELOPER'S COST: $19,250.00 WESTPORT PARKWAY AT ALTA VISTA RD May 7, 2005 Fort Worth, Texas May 9, 2005 PAGE I OF Exhibit C II. STREET LIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at t he approximate locations shown in Exhibit "C", immediately after f inal acceptance of the street construction, in accordance with e ngineering 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 o f the Director of Transportation and Public Works. 3. The City will install all the streetlights that use overhead or underground conductors on residential, and collector streets. the developer agrees to pay the city the amount shown below prior to the City starting it's design efforts. 4. Streetlights on arterial streets shall be installed with underground conduit and conductors. 5. The Developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for t he installation of any electrical transformers required for the proper operation of the street lights 6. The estimated cost of this street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will ✓ emain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: $19,250.00 WESTPORT PARKWAY AT ALTA VISTA RD May 7, 2005 FORT WORTH, TEXAS CFA CODE #2005055 Page II of Exhibit C III "STREETLIGHTS" MID BLOCK MEDIAN WESTPORT PARKWAY 7 (DOUBLE ARMS) WESTPORT PARKWAY AT ALTA VISTA RD Page III of Exhibit C IV STREET NAME SIGNS The City of Fort Worth 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 of Fort Worth. 2. The Developer 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 one (1) intersection at a cost to the Developer of $100.00: Alta Vista Rd & Westport Pkwy Westport Parkway at Alta Vista Road CFA code: 2005055 May 3, 2005 Feb. 23. 2007 1:54PM No. 1319 P. 4 VICINITY MAP WESTPORT PARKWAY AT ALTA VISTA ROAD nts . '4, Dunawa Associates L. . Engineers Planners Surveyaa lanisaepe Architects 1501 Merrimac Clyde, Suite 100. Fort Wordy, TX 70107 Tel; (817) 33561121, Fax (817) 335.7437 1 7LS90. EAST.IIIENT YOLLIC EOEE. PALL 10.13 (AR,LCT. CITY OP FORT WORTH VOLUME f4458. PAGE 1D D,R,T.c T. PROPOSED 27' PAYING 180' TLi00. EA234[111 YDI.WE EDtx PAq 183E O.fI.T-C,T. SCALE 1" = 200' ram'„ 41N--Tia„y r-4—" S9 a�7 ' Y 7'L.'} , drilAAM-&-.1NAL AMESON WJLUMF 12365 PAC! 7g4T yes O.R. T. G % . "4' `'z' a".`�ac''.,' y. ,i. -. A-ca?3`,��^'yc`"• > iT�:.tiwi:..,.__..,�_�aa,.:4- 4. .eai+'h;.%:,{+n��P'�T�'� " ...: .s.+ -� _ ..mow. '��"` �FA�•�� W ♦ • •• ♦ • • • • • ,• • ♦ • •• tE� '" 6- ASV(' Pi CAW' - 27" Back of art, to North Edge PROPOSED 27' PAWS TRACT 2 C1?• KINGSLEY CREEK YE7JTURE,, LTD. VOLWE 14388, PAGE 256 D,R,T.GT. \S SVR 6$ O i> ND �d 11064A rif ORIGINAL EXHIBIT "B" PAYING PLAN WESTPORT PARKWAY ti 4, Dunaway Engineers A ,, 4144‘ATT Surveyors Planners ssocEr. . Landscape Architects 1501 Merrimac Gide, Sulk 100, Foil Worth, TX 76107 Tel: (817) 335-1121. Fan (817) 335-7437 LEA ;Tail3 Md-dN-444_$, JAMESO VOLUME 12.585, PALT1T74T V.R.LGT. I ?L- 5201WAIX • • • i II CITY OF FOR IVOR TN VOLUME 141,53, PAGE 1D D.R.Tai. PROPOSED 4' S®EIVALK 16710 tE S . EASEfECIT VOLUME Vila, MCC 1e56 D,R,T,C•T. - WESTP(BT PARKWAY L SCALE 1' — 201Y • • 1 • • • • • • • • • • TRACT 2 OF KINGSLEY CREEK VENTtRRL L TV. VOLUME 14389, PAGE 258 V.P. T.G T. OPT;gyp. Z�S�RPG EXHIBIT "B" SIDEWALK LAYOUT WESTPORT PARKWAY \_PREPOSED 4' SID1701LX .,41t.Dunaway Engineers Planners Surveyors Associates, L. • 1501 Menimac Crde, Sub 10D, Fc 1 WarIR, TX 78107 Tel: (817) 335-1121, Feat (817) 335-7437 /FarND• noPosiv srome aQAry et Ati:zT E.rls.ws STOW :nRAr/% Q inizer `C 10' CURB rNLE r G' TY Cr FOR T Ica? T H PARK YOELASE' '4458, PACE !0 160. T.[sm. fi.S C1- D.R. T.a T. 6965, fin 7R.'C,.: ' I BE SU.Q T—, ay OTHERS �\ Ps_LlAsS -24-AA'A_t _ JAMESON VOLUME !23e5 PA6 Y 4r C.?_TC.T • • • -1 21" RCP 36' RO° 54a RCP 10' CURB INLET • • \` 30' RCP PROPOSED 4' SQUARE ?ANNOYS TACT 2 OF .'CA'GSLEY CREEK KWTiaRC LTD. VOLUME 14389, P.4 256 O.R.T C.T. a�A . '^^1 9%. EXHIBIT "B— l n STORM DRAM' SYSTEM WESTPOP.T PARKWAY 1 -._sca. [A5947v- 1131.114 as<z PAGE less C.p.L[.T. /O' CURS 1NLEr 10' CURB INLET LPL'S SCALE: 1" = 200' %Dunaway Associates, L.P. SunFeyccs Flannees Landscape Architects 1501 Merrimac Circle, Sulte 100, Fort Walls TX 75107 Tel: (817) 335-1121, Fax (B17)335-7437 / FerA was I 0 ( f 1 CITY OF FORT' WORTH PARK VOLUME 14458, PAGE 10 1eC LLS01 EASSOIT D.R, T.a T. WUlli ODba P 1037 OF.TCT� %I'Ii LIAM-444..41, tAMESON VOLUME 12355, PA4ri34T D.R.T.GT, Psvawo_em si rrr N.14E EalsrfAto STREET 1./C:4T PR600sEa SYREfT tx�vr • • • TANK • • • i\ • • • • • • • • Ie0' MSOO. EASFI4Da Y46CYt 0443, PALE 185E O.R.T.CT, RT PARKWAr t /1j PRCPOWD TRACT 2 of KINGSLEY CREQ( 127rTURE; LTD. VOLUME 14389, PAGE 256 D.R.T.GT \c O P�'� Np' PgS�PG STREET LIGHTS AND STREET NAME SIGNS 1501 Meninlac Circle, Suits I on, Fart worth, Tx 76107 WESTPORT PARKWAY Tat: (817) 335-1121, Fax (817) 335.7437 PROPOSED SIR£FT SIGN 03), 14 V i DunawayEngineers Planners EXHIBIT "C'° Associates, L. . Sape Architects