HomeMy WebLinkAboutContract 42028 R
STATE OF TEXAS §
CITY SECRETARY CONTRACT NO. q0_'-0d-6_
COUNTY OF TEXAS §
WHEREAS, the City of Fort Worth ("City") has incorporated a "Street
Proportionality Study" (the "SPS") which describes the impact of development to the
City's roadway infrastructure; and
WHEREAS, the SPS includes the development of E. Alta Mesa Blvd. from a
point approximately 910'west of Wichita Street for a distance of approximately eight
hundred and sixty-five (865) feet, (said roadway 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, Barnett Gathering, LP a Texas Limited Partnership ("Owner"), is
the owner of a parcel conveyed to Barnett Gathering, LP under County Clerk No.
D207458308 (the "Property"), a parcel of property consisting of approximately 29.74
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:
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 Five Hundred Fifty-Three Thousand Five
Hundred Seventy—Eight Dollars and Forty Eight Cents ($553,578.48), 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:
(a) this payment to the City is an assessment contemplated under Chapter
313 of the Texas Transportation Code; and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Pmject Name
CFA#
Date
(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 E. Alta Mesa Blvd. 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 E. Alta Mesa Blvd.
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.
Project Name
CFA#
Date
Executed on this a day of J lam\ , 2011.
ATTEST: CITY OF FORT WORTH
By:
Marty Hendri G , Fernando Costa
� q
City Secretary �� `� Assistant City Manager
, ..
APPROVED AS TO FORM 77:me Gathering, LP
7W4--P c)A-L:14,1j L By:-Vick J.
0,Assistant City Attorney Title: President
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
By: �J. �J L14-41
Douglas VOWiersig,P.E.
Director
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
LNO M&C ,�r,.QIi!RE D
Project Name
CFA#
Date
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Fernando Costa, 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 lqµ day
of 32011.
ALL-
LINDA M.tlIRRLINGER
Notary Public'State of Texas
MY COMMISSION EXPIRES
Febtuary2,2014 My Commission expires:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Nick J. Dungey, 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. 1
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I�1 day
Of , 2011.
nji "^,/-Y, k' E'6.za'
Notary PLP State Texas
TIFFANY W.PETERS My Commission expires:
Notary Pubib
* * STATE OF TEXAS
� 3
-M My Comm.Exp.06/2212013
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Project Name
CFA#
Date
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EXHIBIT "A"
DESCRIPTION OF
29.742 ACRES
Being a tract of land situated in the Shelby County School Land Survey, Abstract Number 1375,
City of Fort Worth, Tarrant County, Texas, and being all of that tract of land described by deed
to Barnett Gathering, L.P. as recorded in County Clerk's Filing Number D207458308, County
Records, Tarrant County, Texas and being more particularly described by metes and bounds as
follows;
BEGINNING at the northwest corner of said Barnett Gathering, L.P. tract and being the
southwest corner of that tract of land described by deed to Metropolitan Resources, Inc. as
recorded in Volume 10782,Page 82, said County Records and being in the east line of that tract
of land described to TXU Electric Delivery Company as recorded in Volume 2574, Page 545,
said County Records;
THENCE N 62 008'46"E, 1171.34 feet with the south line of said Metropolitan Resources, Inc.
tract;
THENCE S 77 033'34"E, 767.69 feet continuing with said south line to the west line of that tract
of land described by deed to TXU Electric Delivery Company as recorded in Volume 1485, Page
346, said County Records;
THENCE S 12 026'26"W, 463.84 feet, departing south line of said Metropolitan Resources, Inc.
tract with the west line of said TXU Electric Delivery Company tract to the northeast corner of
that tract of land described to James L. West Presbyterian Special Care Center Foundation as
recorded in County Clerk's Filing Number D203382981, said County Records;
THENCE S 62 007'27"W, 1456.31 feet, departing the west line of said TXU Electric Delivery
Company tract with the south line of said Barnett Gathering, L.P. tract the east line of said TXU
Electric Delivery Company tract(Volume 2574,Page 545);
THENCE N 27 053'38"W, 850.82 feet with said east line to the POINT OF BEGINNING and
containing 1,295,547 square feet or 29.742 acres of land, more or less.
"This document was prepared under 22 TAC 663.2 1,does not reflect the results of an on the ground survey,and is
not to be used to convey or establish interests in real property except those rights and interests implied or established
by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared."
101 S
TODD A. BRIDGES
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JCB Job No. 015428.001.001.0452
FW106A January 26, 2011
J:\JOB\01542801\SUR\WP\LEG\5428_Legal.doc Page 1 of 1
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PRELIMINARY OPINION OF PROBABLE COSTS
CONSTRUCTION COST ONLY
EXHIBIT B
NIGHT TRAIN E.ALTA MESA BLVD.PAVING PROJECT NO.: CB015428
CREATED ON: 24-Jan-11
REVISED:
PRINTED ON: 25-Jan-11
PREPARED FOR::ity of Fort Worth
PREPARED BY: CLS
REVIEWED BY:
E.ALTA MESA BLVD. PAVING
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
1 11"Thick 3600 PSI Pavement 5,400 SY $44.00 $237,600.00
2 Unclassified Excavation 2,400 CY $7.00 $16,800.00
3 General Site Preparation 2.20 AC $12,000.00 $26,400.00
4 6"Lime Stabilization 5,550.00 SY $1.50 $8,325.00
5 Lime for Stabilization 84.00 TON $120.00 $10,080.00
6 7"Curb 1,730.00 LF $2.00 $3,460.00
7 6"Curb 1,730.00 LF $2.00 $3,460.00
8 Pavement Markings buttons 220.00 EA $5.00 $1,100.00
9 4'Wide Concrete Sidewalk 7,000.00 SF $4.00 $28,000.00
10 1 Erosion Control 1.00 LS $4,500.00 $4,500.00
11 lHydromulching 4,400.001 SY 1 $0.751 $3,300.00
TOTAL E.ALTA MESA BLVD PAVING $343,025.00
FORT WORTH DELIVERY COSTS
ITEM# DESCRIPTION QTY EA PRICE AMOUNT
1 Minor construction items 5% 11- LS $17,151.25 $17,151.25
2 Contingency 10% 1 LS $34,302.50 $34,302.50
L Project Delivery Cost(Engineering,Survey and CM 21% 1 LS $72,035.25 $72,035.25
TOTAL DELIVERY COSTS $123,489.00
GRAND TOTAL PAVING AND DELIVERY COSTS
TOTAL PAVING AND DELIVERY COSTS $466,514.00
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PRELIMINARY OPINION OF PROBABLE COSTS
CONSTRUCTION COST ONLY
EXHIBIT B-1
NIGHT TRAIN E.ALTA MESA BLVD.DRAINAGE PROJECT NO.: CB015428
CREATED ON: 24-Jan-11
REVISED:
PRINTED ON: 25-Jan-11
PREPARED FOR:;ity of Fort Worth
PREPARED BY: CLS
REVIEWED BY:
E.ALTA MESA BLVD. DRAINAGE
ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT
1 21"RCP 235 LF $45.00 $10,575.00
2 24"RCP 102 LF $55.00 $5,610.00
3 42"RCP 41.00 LF $105.00 $4,305.00
4 48"RCP 52.00 LF $125.00 $6,500.00
5 10-Foot Recessed Inlet 2.00 EA $2,500.00 $5,000.00
6 4-Foot Square Manhole 1 1.00 E)Q-$2,700.001 $2,700.00
7 16 Foot Square Manhole 1 1.001 EA 1 $4,000.001 $4,000.00
8 ITrench Saftey 1 353.00 LF 1 $1.001 $353.00
TOTAL E.ALTA MESA BLVD DRAINAGE $39,043.00
FORT WORTH DELIVERY COSTS
ITEM# DESCRIPTION QTYJ EAJ PRICEI AMOUNT
1 Minor construction items 5% 1 1 LS 1 $1,952.151 $1,952.15
2 Contingency 10% 1 1 LS 1 $3,904.301 $3,904.30
3 Project Delivery Cost(Engineering,Survey and CM 21% 1 1 LS 1 $8.199.031 $8,199.03
TOTAL DELIVERY COSTS $14,055.48
GRAND TOTAL DRAINAGE AND DELIVERY COSTS
TOTAL DRAINAGE AND DELIVERY COSTS $53,098.48
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PRELIMINARY OPINION OF PROBABLE COSTS
CONSTRUCTION COST ONLY
EXHIBIT C
NIGHT TRAIN E.ALTA MESA BLVD.STREET LIGHTS PROJECT NO.: CB015428
CREATED ON: 24-Jan-11
REVISED:
PRINTED ON: 25-Jan-11
PREPARED FOR:;ity of Fort Worth
PREPARED BY: CLS
REVIEWED BY:
E.ALTA MESA BLVD.STREET LIGHTS
r IT72 3 DESCRIPTION QTY UNIT PRICE AMOUNT
Street Lights(Light Illumination Assembly) 4 EA $2,000.00 $8,000.00
Li ht-Concrete Foundation 4 EA $1,000.00 $4,000.00
2"PVC Street Light Conduit 8651 LF $15.00 $12,975.00
TOTAL E.ALTA MESA BLVD STREET LIGHTS $24,975.00
FORT WORTH DELIVERY COSTS
ITEM# DESCRIPTION QTY EAJ PRICEI AMOUNT
1 Minor construction items 5% 1 LS $1,248.75 $1,248.75
2 Contingency 10% 1 LS $2,497.50 $2,497.50
L Project Delivery Cost(Engineering,Survey and CM 21% 1 LS 1 $5,244.751 $5,244.75
TOTAL DELIVERY COSTS 1 $8,991.00
GRAND TOTAL STREET LIGHTS AND DELIVERY COSTS
TOTAL STREET LIGHTS AND DELIVERY COSTS 1 $33,966.00