The URL can be used to link to this page

Home My WebLink AboutContract 56539 10/27/2021 CSC No.56539 1:46 PM FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS Lovett Alliance WHEREAS, the City of Fort Worth ("City") has entered into that certain Community Facilities Agreement (CFA-0100) ("CFA") with MAGNOLIA PADS, LTD, ("Developer"); and WHEREAS, the CFA includes Developer's proportionate share of the construction of Paving, Storm and Street Light Improvements, a portion of which is within Westport Parkway as shown on Exhibit A; and WHEREAS, in lieu of the Developer, pursuant to the CFA, constructing those certain improvements for Lovett Alliance Paving, Storm Drain and Street Light improvements within Westport Parkway as shown on Exhibits B, B-1, C (the "Improvement"), City will instead construct the Improvement(s) as part of Future Improvement Lovett Alliance work ("Work"), with Developer contributing those funds it would have spent to construct the Improvement and the City performing the Work at a later time; and WHEREAS, Developer desires to provide to the City funds in the amount of $574,000.00 ("Developer Funds") for the City to construct the Improvement as part of the Work; and WHEREAS, The City agrees to accept the Developer Funds and to construct the Improvement; and WHEREAS, the determination of the amount of Developer's Funds is not an assessment pursuant to Chapter 313 of the Texas Transportation Code; NOW THEREFORE, in consideration of the above recitals, incorporated herein for all purposes, City and Developer, acting by and through their duly authorized representatives, do hereby agree as follows: 1 . The City may construct (or cause to be constructed) the Improvement at a time convenient to the City provided that adequate public funds, including the Developer Funds, for construction of the Improvement are secured. OFFICIAL RECORD CITY SECRETARY Developer Future Improvements—Lovett Alliance CFA FT.WORTH, TX Page 1 of 4 2. Concurrently herewith, Developer has paid to the City the amount of $574,000.00, such Developer Funds, the Developer and City agree, are the entire amount of Developer's contribution for the cost to construct the Improvements. By accepting the Funds and by execution of this Agreement, City agrees that the Developer will have no further obligation to pay any amounts in addition to the Developer Funds or take any further action with regard to the construction of the Improvement, even if (a) the actual costs to construct the Improvement exceeds the costs expected by the City as of the date of this Agreement, (b) the specifications, composition, or other characteristics of the Improvement hereafter change for any reason, (c) a mistake has been made (mutual or unilateral) in computing the costs of the Improvement or otherwise, or (d) the costs or scope of the Improvement change for any reason. 3. This Agreement shall be binding upon and inure to the benefit of the City and Developer and their respective successors and assigns. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the parties hereto, and may not be amended except by a writing signed by all parties and dated subsequent to the date hereof. 4. The City will use its best reasonable efforts to construct the Improvement without undue delay, but City's construction will be subject to City securing the additional funding which may be necessary to fully construct the Work. Executed by each party's duly designated and authorized representative; effective as of the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH DEVELOPER: MAGNOLIA PADS, LTD. ,Znwa &�6Ijdo Dana Burghdoff(Ocf25,2021 0 :53 CDT) es Meyer(Oct 12,202116:24 CDT) Dana Burghdoff Charlie Meyer Assistant City Manager Vice President Oct 25,2021 Oct 12,2021 Date Date OFFICIAL RECORD Developer Future Improvements—Lovett Alliance CFA CITY SECRETARY Page 2 of 4 FT.WORTH, TX ATTEST: �� °FORT�� ° 00 ° o P"o °�� Ronald P. Gonzales v o o=� Acting City Secretary �� o° °°� "� ° 00 /y °000000000 /Y �EXASa�a Contract Compliance Manager By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Evelyn Ro son behalf of(Oct 13,202108:46 CDT) Janie S. Morales Development Manager, Development Services Department APPROVED AS TO FORM War, DBlack(Oct 22,202116:10 CDT) Douglas W. Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Developer Future Improvements—Lovett Alliance CFA Page 3 of 4 EXHIBITS Developer Future Improvements—Lovett Alliance CFA Page 4 of 4 Lovett Alliance Westport Parkway Preliminary Roadway Project Cost Projection Kimley>) Horn Project Information: Description: JUNE 2021 Name: WESTPORT PARKWAY(SOUTH HALF) Limits: ALONG NORTHERN PROPERTY FRONTAGE Preliminary Opinion of Probable Construction Cost for Class: CCO-L2-TO-NTMS-PO-BOP(110) proposed roadway Length(If): 987 Roadway Construction Cost Projection Item Description Quantity Unit Unit Price* Item Cost 2605.3015 2"CONDT PVC SCH 80(T) 600 If $ 9.50 $ 5,700 2605.3016 2"CONDT PVC SCH 80(B) 150 If $ 91.58 $ 13,737 3125.0101 SWPPP> 1 acre 1 Is $ 6,663.13 $ 6,663 3223.0101 Unclassified Street Excavation 3,290 cy $ 13.20 $ 43,428 3211.0502 8" Lime Stabilization(with Lime @ 48#sy) 3,155 sy $ 3.63 $ 11,453 3211.0400 Hydrated Lime 76 to $ 154.15 $ 11,715 3213.0105 10"Concrete Pavement 2,888 sy $ 61.10 $ 176,457 3213.0103 8"Concrete Pavement 267 sy $ 48.10 $ 12,843 3213.0301 4"Sidewalk 9,870 sf $ 5.41 $ 53,397 3213.0506 Barrier Free Ramp 4 ea $ 1,485.33 $ 5,941 3292.0400 Seeding, Hydromulch 1,902 sy $ 1.18 $ 2,244 3291.0100 Topsoil I 317 cy $ 22.66 $ 7,183 3217.0003 4" BRK Pvmt Marking HAS(W) 987 If $ 2.05 $ 2,023 3305.0103 Exploratory Excavation of Existing Utilities 10 ea $ 1,491.08 $ 14,911 3341.0205 24" RCP, Class III 471 If $ 67.81 $ 31,939 3349.6002 15'Recessed Inlet 2 ea $ 4,833.21 $ 9,666 3441.1408 NO 6 Insulated Elec Condr 3,750 If $ 1.30 $ 4,875 3441.1502 Ground Box Type B,w/Apron 6 ea $ 435.57 $ 2,613 3441.1645 Furnish/Install Type 33AArm 5 ea $ 280.00 $ 1,400 3441.1772 Furnish/Install 240-480 Volt Single Phase Transocket Metered Pedest 1 ea $ 7,500.00 $ 7,500 3441.3051 Furnish/Install LED Lighting Fixture(137 wattATB2 Cobra Head) 5 ea $ 1,344.87 $ 6,724 3441.3302 Rdwy IIIum Foundation TY 3,5,6,and 8 5 ea $ 1,129.98 $ 5,650 3441.3352 Furnish/Install Rdway IIIum TY 18 Pole 5 ea $ 1,900.00 $ 9,500 3471.0001 Traffic Control 3 mo $ 3,768.26 $ 11,305 *Unit price per City of Fort Worth Ordinance 23657-05-2019 Paving Subtotal: $ 458,868 Construction Contingency: 1 1 25% $ 114,717 Construction Cost TOTAL: $ 574,000 The Engineer has no control over the cost of labor,materials,equipment,or over the Contractor's methods of determining prices or over competitive bidding or market conditions.Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals, bids,or actual construction costs will not vary from its opinions of probable costs. CommercialConnector Targeti Range: ■ Speed- 10 10 10 6 .' LA 10 io -■. W 0--W-- .., K:\FTW_Civil\69225626-Lovett Keller Haslet\OPCC\Westport Parkway-OPCC-City Unit Prices.xls Project A 6/30/2021 3:45 PM VICINITY MAP�//' N.T.S. ah SITE Westport Parkway OWNED/DEVELOPED BY: MAGNOLIA PADS,LTD 1520 OLIVER STREET HOUSTON,TX 77007 CONTACT:JAMES MELODY PHONE:(713)212-1562 VICINITY MAP Kimley»)Horn ■ ■ Lu ■ Lu WESTPORT PARKWAY ■ c= Tr cn ♦ L � r1rr�r+r0Z 2 U Q : U � ■ Q Q Q ■ 00 � ■ ■ ■ w w ■ c= ■ WESTPORT PARKWAY C/) = I H Z �.�. �r�r r�r�r �r J ■ Q ■ ■ ■ LEGEND PROPOSED 10"CONCRETE PAVEMENT wlPROPOSED 8"CONCRETE DRIVEWAY AtPROPOSED 4"CONCRETE SIDEWALK OWNED/DEVELOPED BY: MAGNOLIA PADS,LTD PROPOSED SEED/SOD 1520 OLIVER STREET HOUSTON,TX 77007 CONTACT:JAMES MELODY PHONE:(713)212-1562 EXHIBIT B: FUTURE ROADWAY IMPROVEMENTS TO WESTPORT PARKWAY - PAVING Kimley»)Horn ■ ■ Lu ■ Lu WESTPORT PARKWAY ■ u Lu U ■ J z 24"STORM DRAIN 15'RECESSED 2 < CURB INLET ■ H ■ Q Q00 ■ m (Y ■ ■ ■ Lu Lu ■ c= ■ WESTPORT PARKWAY c/) — �, - - - Lu zw. - - — — 774, J ■ 15'RECESSED 24"STORM DRAIN = U ■ CURB INLET I Q ■ I ■ ■ NORTH GRAPHIC SCALE IN FEET 0 50 100 200 OWNED/DEVELOPED BY: MAGNOLIA PADS,LTD 1520 OLIVER STREET HOUSTON,TX 77007 CONTACT:JAMES MELODY PHONE:(713)212-1562 EXHIBIT B1 : FUTURE IMPROVEMENTS TO WESTPORT PARKWAY - STORM DRAIN KimIey»>Horn ■ ■ Lu ■ Lu WESTPORT PARKWAY ■ m Lu U ■ J PROPOSED PROPOSED ■ _ < STREET LIGHT STREET LIGHT ■ H Q Q 00 m (Y ■ ■ ■ Lu Lu ■ c= ■ WESTPORT PARKWAY c/) Lu m J ■ _ ■ PROPOSED PROPOSED Q ■ STREET LIGHT STREET LIGHT X I ■ ■ NORTH GRAPHIC SCALE IN FEET 0 50 100 200 OWNED/DEVELOPED BY: MAGNOLIA PADS,LTD 1520 OLIVER STREET HOUSTON,TX 77007 CONTACT:JAMES MELODY PHONE:(713)212-1562 EXHIBIT C: FUTURE IMPROVEMENTS TO WESTPORT PARKWAY - STREETLIGHTS KimIey»>Horn