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Home My WebLink AboutContract 59818CSC No. 59818 DEVELOPER FUNDING AGREEMENT FOR STORM DRAIN IMPROVEMENTS FUTURE MCCART AVENUE THIS AGREEMENT is by and between Forestar (USA) Real Estate Group Inc. hereinafter referred to as "Developer", and the City of Fort Worth, hereinafter referred to as "City". WHEREAS, Developer, is the owner of land bisected by Future McCart Avenue within the City of Fort Worth, Tarrant County Texas, as depicted on Exhibit A attached hereto (the "Property"); and WHEREAS, Future McCart Avenue will be constructed by the City of Fort Worth via a planned City Project (City Project No. 02505) ("McCart Avenue Project"); and WHEREAS, Developer is required to install drainage facilities in or adjacent to the McCart Avenue Project to serve the Property; and WHEREAS, the Developer intends to develop the Property subsequent to the City constructing the McCart Avenue Project and, to facilitate development of Developer's property and avoid further utility work in the newly constructed McCart Avenue, Developer has requested that the City modify its McCart Avenue storm drain design and construct the modifications as part of the City Project, as further depicted on Exhibit B; and WHEREAS, Developer will make one contribution to the City in the amount of $66,757.00 (the "Development Contribution") comprised of $18,030.00, the estimated cost for design of the storm drain improvements as further depicted on Exhibit C, and $48,727.00, the estimated cost for construction of storm drain improvements as further depicted on Exhibit D; and WHEREAS, after a final accounting of the costs to install the storm drain improvements, if any additional amount is owed for the design or construction, Developer shall remit same to the City or if any credit or refund is owed to Developer, City shall remit same to Developer. NOW THEREFORE, in consideration of the above recitals and the promises and covenants herein, City and Developer do hereby agree as follows: 1. Developer will provide to City the Development Contribution amount of $66,757.00 for the estimated cost of design and construction of the storm drain improvements concurrent with Developer's execution and return of this Agreement. 2. The Development Contribution is an estimate of Developer's obligation for its costs related to the improvements described herein. If any cost overages are due City for the design or construction, Developer shall remit same to City within forty-five (45) days of receipt of a request for same accompanied by proper documentation; likewise, if any credit or refund is due Developer at the completion and final accounting of improvements, same shall be refunded by City to Developer. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Lj City will use its best reasonable efforts to perform this Agreement without undue delay. 4. 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. a If Developer or any subsequent owner transfers the Property or any portion thereof prior to the performance of all obligations of the Developer or City hereunder, Developer or such transferring owner shall obtain an agreement from the transferee assuming the obligations of the transferring owner under this Agreement performable from and after the date of transfer. From and after the date of such transfer, the transferee shall be solely obligated under this Agreement, and the transferring owner shall have no further obligations under this Agreement, with respect to the Property or portion thereof transferred. 31 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other Party, its agents, employees, servants or representatives, (2) delivered by electronic means with confirmation of the transmission, or (3) received by the other Party by United States Mail, registered, return, receipt requested, addressed as follows: City of Fort Worth Attn: William Johnson, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6311 Email: william.johnson@fortworthtexas.gov Facsimile: (817) 392-8654 With Copy to the City Attorney. Forestar (USA) Real Estate Group Inc. Attn: Kevin Lazares, Vice President 2221 E. Lamar Blvd, Suite 790 Arlington, TX 76006 Email: kevinlazares@forestar.com 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, TEXAS: By: William Johnson (J 24, 2023 09:57 CDT) William Johnson Assistant City Manager Date: J U [ 24) 2023 APPROVAL RECOMMENDED: Forestar (USA) Real Estate Group Inc. By: Kevin Lafares (Jul 5, 2023 11:30 CDT) Kevin Lazares Vice President Date: 07/05/2023 _A.. By:Lauren Prieur (Ju121, 2023 07:13 CDT) Lauren Prieur Director Transportation and Public Works APPROVED AS TO FORM AND LEGALITY: By_DBlack (Ju(24, 202309:35 CDT) Douglas W. Black Senior Assistant City Attorney CONTRACT AUTHORIZATION M&C: N/A ppF FORt�'4a °° po °°° ; /.g o Pv=d ATTEST: oP�,� o° ooSo p Il rEXA`�o�p �bRaaa'd'O' By: Jannette Goodall City Secretary 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. By: Bradley Radovich, P.E. Senior Professional Engineer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Property Location p - \I11111IIIIm- N ��IIIII pp pp pp p O 1-- -- HE -- 111111111111111 �� `1111 I11111111 ��`�111111111 � � 111111 1111111�� ' • ' '' �IA�� i111111 IIIII= = IIIII 1111111 IIIII...., - IIIII mnn nmli a IIIIIIIIIII ; - - I nm nm a IIIIIIIIIII - I1111► " 1� • 11111I �i1111 ��1111 SUBJECT PROPERTY McCARE Ii AVENUE DEVELOP M1,1ER CONSULTANT STEPHEN BRIM RYAN HILL, P.E. FORESTAR(USA) SHIELD ENGINEERING GROUP, PLLC. REAL ESTATE GROUP, INC. 1600 W 7 STREET, SUITE 400 .21 E LAMAR BLVD. SUITE 790 817-810-0696 ARLINGTON, TX 76006 817-769-1868 SHIELD a / E=61 MBE-I"6_6A0_UP \ 0 1,000 2,000 3,000 GRAPHIC SCALE IN FEET WALTERS RANCH EXHIBIT A -VICINITY MAP ,` \ s�°tomes Exhibit B Storm Drainage Improvements LEGEND \\C\\ PHASE LINE MAJOR DRAINAGE DIVIDE MINOR DRAINAGE DIVIDE PROPOSED STORM DRAIN \� REMOVE OR RELOCATE STORM IEME��\� PROPOSED LATERALS/CONNECTIONS UPSIZED STORM DRAIN SHIELD ENGINEERING GROUP � nwwWwaxw iwuiwwww�w O 0 300 600 900 GRAPHIC SCALE IN FEET WALTERS RANCH EXHIBIT B1 STORM DRAINAGE SYSTEM Task No. 1.0 11 111 111 12 123 12If 1 2 6' 1 2 4.0 41 Exhibit C Estimated Design Costs Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for McCart Ave., from Risinger Road to Just North of Twinleaf Drive & McPherson Blvd., from West of Cleburne Road to the Future McCart Ave. McCart Ave. Phase 1 & Phase 2 Roadway and Water Revisions City Project No. 02505 TPW CIP / WATER DEPARTMENT Labor hours) I EKrpynse Task Description Project Mana a Project En in Design En in EIT CADD Administrative Total Laborl Cost ...consultant MWBE I Non-MWBE Travel Reprotluc[ion Total Expense Cost Task Sub Total Rate $225 $180 $140 $120 $90 $60 TPW 29 0i 0 52 18 0 $14,3851 $2,100 $0 $0 $0 $2,700 $17,085 8 0 0 0 0 0 $1,800 $0 so $0 $0 $0 $1,800 Project Management Managing the Team Internal Team Meetings 1 $01 SO $0 OA/OCI $01 50 $0 Communications antl R rim,I Dea SD Pre a $01 $0 Prepare Monthly MBESBE Reports $01 SO $0 Inyaca $0 so $0 21 0 0 52 18 0 s12,585 $2,700 $0 $0 $0 $2,700 $15,265 Final D6��n Final Draft (100%) Construction Plans and Specifications1 Pavirl� Key Map Honz to Co l Data $0 $0 SO $0 $0 $0 ca1 Sections $0 $0 $0 $0 $0 t-of-Way Map 1T $0 liton Plan $0 $0 $0 Tree Indenhfication Chart $0 $0 $0 Roadvrayyy Plan -Profile Sheets 2 1 $570 $0 $570 Roadvray Cross Sections $0 $0 $0 Rounda out Des $0 $0 $0 Dny Plan- o3les $0 $0 $0 Jointing 4'lans 1 4 $705 $0 $705 Contour Plans 2 4 $930 $0 $930 uralnage Area Maps 2 6 $1,170 $0 $1,170 Storm Sever C.IrI utations 4 $1,155 3 $0 $1,155 Storm Drain Plan Profile 4 2 J� 16 $5,220 $0 $5,220 uitcn Plan & Profile 4 2 S885 1 $0 $885 Erosion Control Sheets 1 1 $345 $0 $345 Zma& Pavement Markinn Sheets $0 $0 $0 n 6n De 3 $675 $2 700 $2 700 $3 375 2 $0 $930 Estimate & Cu�Mlties $930 I $0 $0 $0 City of Fort Worth, Texas Attachment B- Level of Effort Supplement PMO Official Release Date 8 09.2012 1 of Exhibit C Estimated Design Costs (Continued) Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for McCart Ave., from Risinger Road to Just North of Twinleaf Drive & McPherson Blvd., from West of Cleburne Road to the Future McCart Ave. McCart Ave. Phase 1 & Phase 2 Roadway and Water Revisions City Project No. 02505 TPW CIP / WATER DEPARTMENT Task No. Task Descri 5.0 id Phase 51 id Support 5.1 1 Sell Contract Documents and Mi 5.1.2 Issue Adtlenda 5.1 Y Attend Pre -bid Conference 5.1 4 Attend Bid gem? 5.1 5 Tabulate Bias and Recommend 5.1.6 Issue Conformed Contract Docu 7.0 OWIEasement Services 71 ilaht-of-Way Research 72 ht-of-WztEasement Prwt, 73 �ianpora% (liajn ofErMaSG6Ynitte � elmbureles illmo F s) Not to City of Fort Worth, Texas Attachment B- Level of Effort Supplement PMO Official Release Date 8 09 2012 Am Project Mana er Project Engineer Labor(hours) Design En ineer EIT CADD Administrative Labor! Cost Cos[ I 'rrse I Travel MWBE Non-MWBE Reprotluction Total Expense Total Cost Task Sub Total $225 $780 $140 $120 $90 $60 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 intain Plan Holders List \ward nents I I 0 0 0 0 01 0-so $0 $0 $0 $0 $0 $0 in and Submittal I Exceed I I I 2 of Exhibit C Estimated Design Costs (Continued) Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for McCart Ave., from Risinger Road to Just North of Twinleaf Drive & McPherson Blvd., from West of Cleburne Road to the Future McCart Ave. McCart Ave. Phase 1 & Phase 2 Roadway and Water Revisions City Project No. 02505 TPW CIP / WATER DEPARTMENT Task No. Task Description Water 2.0 Conceptual Design (30%) Data Collection Conc��ual Des? P�.kage ConsFuction Es imate 4.0 Flnal Des)yP Final Dr3R (90 %) Plans & Specifications Final /100%) Plans & Specifications Constiuction Estimates (90%& 100%) 6.2 Record Drawings City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date'. 8 09 2012 Manager $5225 Enrq eer sign En Labo hours)EIT ICADD Administrative To CI�?bor` fill MWSBEconNutl on-MWBE4 nProjectTmvel Reproduction I TotalCostensel Task Sub Total $180 $140 $120 $90 $60 21 01 0 31 0 $810 $0 $0 $0 $810 01 01 0 01 0 0 $0 -Loll$0 $0 $0 $0 2 3 0 0 $810 1 LI. 2 1 $0 $465 1 $345 $0 31 551 181 0 15,195 $2,700 $0 0 0 $2,7UOI $17.89. Total TPW + Water Summary Total Hours 104 Total $15,195 Tote I ��Labor MM ��BE Subconsultanf Non-M0�T.S}Jbfpn5yrlupt $2 700 $135.00 MBE/SB✓EE PPartbiciM ho 150% Total Proje[I CoAl $18,030 TPW?[ Hol1r5 99 Total Labor $14,385 Total Ex��@@nse $2.700 MBE/SBE Subconsultant $2,700 Non-MBE/SBE Subconsultant $0 5% Sub VIarku $135.00 o MB /SBE Partotal ProllC[�tlos�t $117, 20 Water }�mma%r Tc a Ho 5 5 Total Labor $810 Total EKP,ense $0 MBE/SBE Subconsulfanf $0 Non-MBE/SBE Subconsulfanf $0 5% Sub Marky $000 MBE/SBE Participati n 0.0% Total Project Cost $810 TOTAL $18,030.00 3 of Exhibit D Estimated Construction Costs McCart Storm Drain System Estimate Forestar (USA) Real Estate Group - Terra Trace Bid List Item No. Description Specification Section No. Unit Quantiy Added Quantity Removed Difference Unit Price Storm Drain Improvements 1 21" RCP 3341 10 LF 51 76 -25 $95.00 ($2,375.00) 2 27" RCP 3341 10 LF 0 370 -370 $107.00 ($39,590.00) 2 30" RCP 3341 10 LF 370 216 154 $118.00 $18,172.00 3 36" RCP 3341 10 LF 250 136 114 $150.00 $17,100.00 4 42" RCP 3341 10 LF 110 0 110 $193.00 $21,230.00 5 48" RCP 3341 10 LF 26 341 -315 $239.00 ($75,285.00) 6 54" RCP 33 41 10 LF 341 0 341 $327.00 $111,507.00 7 4' Strom Junction Box 3349 10 EA 1 1 0 $6,561.00 $0.00 8 5' Strom Junction Box 3449 10 EA 1 0 1 $6,968.00 $6,968.00 8 21" Parallel Headwall 000000 EA 0 2 -2 $5,000.00 ($10,000.00) 9 48" Sloping Headwall 00 00 00 EA 0 1 -1 $5,500.00 ($5,500.00) 10 54" Sloping Headwall 00 00 00 EA 1 0 1 $6,500.00 $6,500.00 Grand Total: $48,727.00 FORTWORTH Routing and Transmittal Slip TPW Capital Delivery Dept DOCUMENT TITLE: DFA Forestar/McCart-McPherson M&C CPN CO2505 CSO DOC DATE: 07-06-2023 TO: Department INITIALS DATE OUT 1. Bradley Radovich PM -Signature 1? Jul 10, 2023 BMR 2. Raul Lopez Program Manager TPW Ju117,2023 review 3.1-issette Acevedo Snr Cap Proj. Officer TPW — %� 9 Jul 17,2023 review �1 4.Patricia Wadsack- AD TPW - '02-Ze� Ju120,2023 review Pew 5. Lauren Prieur - Director TPW - Jul 21, 2023 Signature LLP 6. Doug Black Legal ywb Ju124, 2023 Signature dwb 7. William Johnson - ACM ACM - Signature w; Ju124,2023 8. Jannette Goodall CSO- Signature Ju[24,2023 I Note: Brief Backaround attached after routina slip I DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑ No RUSH: ❑ Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: XX Yes ❑ No Action Required: FORT WORTH ❑ As Requested ❑ Attach Signature, Initial and Notary Tabs ❑ For Your Information ❑ Signature/Routing and or Recording ❑ Comment ❑ File Return to: Please call Bradley Radovich at 682-432-4525 for pick up when completed. Thank you. Development Funding Agreement-0O2505 McCart McPherson July 6, 2023 The attached DFA is with developer Forestar. The McCart McPherson project CO2505 bisects their property. It is set to be bid toward the end of this year after Cohix property settlement reached. Forestar's planned development along McCart requires an upsizing of storm drainage capacity for the COFW project, which had already been designed. The designer has made changes to the plans accordingly at a cost of $18,030. The estimated construction cost resulting from the changes is $48,727. Total agreement is $66,747.00. Should the actual cost exceed the estimate the developer is responsible for the overage. Forestar has already delivered a check for $66,747.00. Please contact me with any questions, thank you. Bradley Radovich, Brad ley.Radovich@fortworthtexas.Rov, (682) 432-4525