HomeMy WebLinkAboutContract 36503STATE OF TEXAS § )^
CITY SECRETARY CONTRACT NO.
COUNTY OF TEXAS §
WHEREAS, the City of Fort Worth (y") has adopted its "Master Thoroughfare
Plan" (the "MTP") which describes the development of the City's roadway infrastructure;
and
WHEREAS, the MTP includes the development of Risinger Road from Michael
Drive east for a distance of approximately seven hundred and fifty (750) feet, (said
roadways 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, Wells Framing Contractors, Inc., DBA Pyramid Homes, a Texas
Corporation ("Owner"), is the owner of a tract of land located in the Shelby County
School Land Survey, Abstract No. 1375, City of Fort Worth, Tarrant County Texas and
being a portion of a tract of land conveyed to the Owner according to the deed recorded
in Volume 14788, Page 243 of the Deed Records, Tarrant County Texas (the
'Property"), a parcel of property consisting of approximately 7.516 acres and bordering
the Improvements; and
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:
The City may construct (or cause to be constructed) the Improvements provided
public funds are available, abutting properties dgvelop, 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 Eighty four thousand and two hundred
and eighty Dollars and 50 /100's ($84,280.50), 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:
Verasion Village
November 28-2007
(a) this payment to the City is an assessment contemplated under Chapter
313 of the Texas Transportation Code; and
(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 op 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.
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),
C!
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 Risinger Road 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 Risinger Road ff +
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
Verasion Village
November 28-2007
provided by this Agreement constitutes an unauthorized impact fee pursuant to Tex.
Loc. Gov't Code chapter 395.
Executed on this
ATTEST:
Marty Hendrix
City Secretary
REQUIREDNO M&C
APPROVED AS TO FORM
Title:
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
G
By:
Robert Goode, P.E.
Director
Verasion Village
November 28-2007
CITY OF FORT WORTH
By:
_oe ww
Marc A. Ott
Assistant City Manager
OWNER:
Wells Framing Contractors, Inc.
DBA Pyramid Homes
lyf
avid J. Wells. President
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STATE OF TEXAS §d�J
COUNTY OF TARRANT
BEFORE ME, the undersign authority, a Notary Public in and for the State of Texas, on
this day personally appeared ,assistant city manager for the City of Fort Worth, known
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 �J� day
o , 20IV
Notary Public, State of Texas
HETTIE LANE
MY COMMISSION EXPIRES
JUIY 26, 2011
STATE OF TEXAS §
COUNTY OF TARRANT §
My Commission expires:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared David J. Wells, known to me to be the person 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
of , XC C (rhpk , 2007.
N, CONNER
Notary Public: State of TeeSs
MY Con,m:ssion EXP My C,gminin expires:
8ceptember 23, 2009 (�� �Z�
Verasion Village
November 28-2007
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WIER &ASSOCIATES, INC.
ENGINEER'S UPINION OF PROBABLE CONSTRUCTION COST
DATE: 19-Oct-07
CLIENT: XLR Development
PRo,lEcr: Veraison Village
waA Boa No: 5009.03
ITEM NO.
DESCRIPTION OF ITEM
TOTAL
QUANTITY
UNIT
UNIT
PRICE
COST
Exhibit B - Paving Improvments
7" Reinforced Concrete Pavement
21093
SY
$ 25.00
$ 52,325000
6" Lime Stabilized Subgrade (27 Ibs/SY)
21242
SY
$ 2.25
$ 51044650
Lime
30
TON
$ 105.00
$ 3,150.00
5' Sidewalk
675
LF
$ 17.00
$ 11,475.00
Type I Sidewalk Ramp
1
Fes,
$ 350.00
$ 350.00
Subtotal Paving Improvements
$ 72 344.50
25% of Subtotal
$ 18,086013
GRAND TOTAL
$ 90,430.63
Prepared by:
Since the design professional has no control over the cost of labor, materials, or equipment, or over the contractor's method
of determining prices, or over the competitive bidding or market conditions, his opinions of probable cost provided for herein
are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design
professional.familiar with the construction industry. However, the design professional can not and does not guarantee that
proposals, bids, or construction cost will not vary from the opinions of probable cost he has prepared. If the owner wishes
greater assurance as to the construction cost, he shall employ an independent cost estimator.
AJ K
Checked by: CCC
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�i� WIER &ASSOCIATES, INC.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
DATE: 19-Oct-07
CLIENT: XLR Development
PROJECT: VeraISOt1 Village
w&A JOB No: 5009.03
ITEM NO.
DESCRIPTION OF ITEM
TOTAL
QUANTITY
UNIT
UNIT
PRICE
COST
Exhbit 131 - Drainage Improvments
10' Curb Inlet
1
EA
$ 2,200.00
$ 27200.00
24" RCP
169
LF
$ 44.00
$ 79436900
24" Headwall
1
EA
$ 2,300.00
$ 21300000
Subtotal Drainage Improvements
$ 113936.00
25% of Subtotal
$ 21984000
GRAND TOTAL
$ 14,920.00
Prepared by:
Checked by:
Since the design professional has no control over the cost of labor, materials, or equipment, or over the contractor's method
of determining prices, or over the competitive bidding or market conditions, his opinions of probable cost provided for herein
are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design
professional familiar with the construction industry. However, the design professional can not and does not guarantee that
proposals, bids, or construction cost will not vary from the opinions of probable cost he has prepared. If the owner wishes
greater assurance as to the construction cost, he shall employ an independent cost estimator.
CCC
10/26/2007 Page 1 of 1 CFA Paving and Drainage 05009.03 101907.x1s
III STREEILIUM I b
I. STREETLIGHTS COST ESTIMATE:
INTERSECTIONS
MID -BLOCK RESIDENTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID -BLOCK COLLECTOR
MID -BLOCK ARTERIAL
MID -BLOCK ARTERIAL MEDIAN
RELOCATE EXISTING LIGHT
DEVELOPERS COST: $6,400.00
QUANTITY UNIT COST TOTAL COST
0 EA $ 2,600 $00,000.00
0 EA $ 2,600 $00,000.00
0 EA $ 2,600 $00,000.00
0 EA $ 2,600 $00,000.00
2 EA $ 3,200 $6,400.00
0 EA $ 3,200 $00,000.00
0 EA $ 1,650 $00, 000.00
Subtotal $6,400.00
City's Cost $00,000.00
Developer's Subtotal $6,400.00
4%Inspect0on fee
Project Total
Adjacent Developer's Cost
CFA CODE # 2007104 Proj # 00600
Veraison Village
Fort Worth, Texas
PAGE 4 OF EXH/BlT "C"
Developer's Cost
November 27, 2007
$0,000.00
$00,000.00
$00.000.00
$6,400.00
II. STREETLIGHTS WORK DESCRIPTION:
1. The Developer shall provide for the installation of streetlights at the approximate locations
shown in exhibit , 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. The City of Fort Worth will install all the streetlights that use overhead or underground
conductors on residential, and collector streets. The developer agrees to pay the City of
Fort Worth the amount shown below prior to the City starting its design efforts, at the option
of the developer and at their expense they may purchase the poles, fixtures, and mast arms
from the City in order to assure compliance with city material standards
4. Street lights on arterial streets shall be installed with underground conductors
5. The developer agrees to dedicate all easements required for the installation and
maintenance of the street lights and to provide for the installation of any electrical
transformers required for the proper operations of the street light system
6. The estimated cost of this streetlight installation is detailed on page (1) of exhibit "C" and is
summarized below. The streetlights will remain the property of, and will be maintained by
the City of Fort Worth.
DEVELOPERS COST: $6,400.00
November 26, 2007
CFA CODE # 2007104 Proj # 00600
Veraison Village
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
MID -BLOCK ARTERIAL
Oak Grove Shelby Rd (Future Risinger Rd)
CFA CODE # 2007104 Proj # 00600
Veraison Viliage
PAGE 3 OF EXHIBIT "C"