HomeMy WebLinkAboutItem 06 - TxDOT Advanced Funding AgreementTxDot Advanced Funding Agreement and Developer Contract - Riverwalk Traffic Signal at FM 2499
Traffic warrants have been developed for this site located on the east side of FM 2499,
north of Denton Creek. TxDOT has agreed that traffic volumes generated by the site will
warrant a signal at the entrance to the complex when 300 units have been occupied.
Phase I of this project is comprised of 300 units with a completion date of July 2006. A
second phase of 300 units is planned to begin in early 2007. The signal design has
been prepared by Turner, Collie and Braden, Inc. under contract with the apartment
developer.
Once the Advanced Funding Agreement and funds are submitted to TxDOT, the project
will be placed in their letting schedule with construction expected to begin in late summer
2006 and completion approximately 60 days later.
Staff recommends approval.
JSL/dsrn
0:\agenda\2006\2-7-06\Coppe11 Interlocal Agmt
January 30, 2006 (3:42PM)
STATE OF TEXAS §
COUNTY OF TAR ANT § DEVELOPER'S CONTRACT
CITY OF GRAPEVINE §
WHEREAS, Verde Apartment Communities Development LP, a Texas limited
partnership, (the "Developer"), is the owner of a tract of land in the City of Grapevine,
Tarrant County, Texas, a Texas home -rule City (the "City"), which tract of land ( the
"Property") is described in Exhibit "A", which is attached hereto and incorporated herein for
all purposes; and
WHEREAS, Development of Property generates a volume of traffic which
necessitates the installation of traffic signals on FM 2499 to provide principal access from
the site; and
WHEREAS, the construction of the traffic signals on FM 2499, shall be
undertaken by the Texas Department of Transportation under an agreement with the
City of Grapevine (the "Project"); and
WHEREAS, the construction of the traffic signals on FM 2499, shall be at the
sole cost of the Developer; and
WHEREAS, the design of the traffic signals shall be undertaken by the Developer;
and
WHEREAS, for the purposes of this Developer Contract, the City and the
Developer agree that the "Total Cost" shall be defined as the final construction cost of the
Project including Construction and Direct State Costs (plan review, inspection and
oversight); and
WHEREAS, the Developer and City agree the contract for the construction of the
traffic signals shall be exclusively between the State of Texas and the contractor and that
the Developer shall have no contractual relationship with the contractor within the scope of
the contract for the construction of this Project, and
WHEREAS, the Developer agrees to deposit with the City the Total Cost,
established in this Developer Contract, upon the execution of this Developer Contract by
the Developer, and prior to the City entering into an Advanced Funding Agreement with
TxDOT; and
WHEREAS, if the actual Total Cost for the Project exceeds the Projected Total
Cost, the Developer agrees to increase its funding to meet the adjusted final cost within
ten (10) days of receipt of a detailed invoice from the City; and
WHEREAS, if the actual Total Cost for the Project at completion is less than the
Projected Total Cost, City agrees to refund the Developer the balance of the surplus within
thirty (30) days of a final determination of the Total Cost by TxDOT and upon receipt of the
refund from TxDOT; and
NOW, THEREFORE, the parties to this Contract, the City and the Developer, do
enter into this Developer Contract, for good and valuable consideration, the receipt and
sufficiency of such consideration being hereby acknowledged, and in the mutual promises
and mutual benefits that flow to each party, do hereby contract, covenant, warrant, and
agree as follows:
Section 1. That all matters stated in the preamble above are found to be true
and correct and are incorporated into the body of this Developer Contract as if copied
verbatim in their entirety.
Section 2. That the City hereby agrees to enter into an Advanced Funding
Agreement with TxDOT as herein described to construct traffic signals to serve the
proposed development of Property.
Section 3. That the Developer hereby agrees, at its sole cost, to employ a civil
engineer registered in the State of Texas to prepare and seal the construction plans of
the roadway improvements prior to construction.
Section 4. That the Developer and City agree to the construction of the
Project by TxDOT as established in this Developer Contract. The Developer shall
deposit with the City the Total Cost of the Project, established in this Developer
Contract, upon the execution of this Developer Contract by the Developer, and prior to
the City entering into the Advanced Funding Agreement with TxDOT for the construction
of the Project.
Section 5. Release Provisions. The Developer shall fully release the City and
all of its officials, officers, agents, consultants and employees in both their public and
private capacities, from any and all liability, claims, suits, demands or causes of action,
including all expenses of litigation and / or settlement which may arise by injury to
property or person occasioned by error, omission, intentional or negligent act of
Developer, its officers, agents, consultants or employees, arising out of or in connection
with this Contract, or on or about the Property relating to the Project, and Developer
does hereby release the City and all of its officials, officers, agents, consultants or
employees in both their public and private capacities, from any and all such claims and
demands. Also, Developer agrees to and shall release the City and all of its officials,
officers, agents, consultants and employees in both their public and private capacities,
from and against any and all claims, losses, damages, causes of action, suit and liability
of every kind, including all expenses of litigation, court costs and attorneys' fees for
injury to or death of any person or for any damage to any property arising out of or in
connection with any breach of this Contract by Developer. This release shall apply
whether the claims, suits, losses, damages, causes of action or liability arise in whole or
in part from the intentional acts or negligence of Developer or any of its officers,
officials, agents, consultants or employees, whether said negligence is contractual,
comparative negligence, concurrent negligence, gross negligence or any other form of
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negligence. The City shall be responsible only for the City's sole negligence. Provided,
however, that nothing contained in this Contract shall waive the City's defenses or
immunities under Section 101.001 et seq. of the Texas Civil Practice and Remedies
Code or other applicable statutory or common law.
Section 6. Release Against Design Defects. Approval of the City Engineer or
other City employee, official, consultant, employee, or officer of any plans, designs or
specifications submitted by the Developer under this Contract shall not constitute or be
deemed to be a release of the responsibility and liability of the Developer, its engineer,
contractors, employees, officers, or agents for the accuracy and competency of their
design and specifications. Such approval shall not be deemed to be an assumption of
such responsibility or liability by the City for any defect in the design and specifications
prepared by the Developer's engineer, his officers, agents, servants, or employees, it
being the intent of the parties that approval by the City Engineer or other City employee,
official, consultant, or officer signifies the City's approval of only the general design
concept of the improvements to be constructed. In this connection, the Developer shall
release the City, its officials, officers, agents, servants and employees, from any loss,
damage, liability or expense on account of damage to property and injuries, including
death, to any and all persons which may arise out of any defect, deficiency or
negligence of the engineer's designs and specifications incorporated into any
improvements constructed in accordance therewith.
Section 7. Approval of Plans. The Developer and City agree that approval of
plans and specifications by the City shall not be construed as representing or implying
that improvements built in accordance therewith shall be free of defects. Any such
approvals shall in no event be construed as representing or guaranteeing that any
improvement built in accordance therewith will be designed or built in a good and
workmanlike manner. Neither the City nor its elected officials, officers, employees,
contractors and/or agents shall be responsible or liable in damages or otherwise to
anyone submitting plans and specifications for approval by the City for any defects in
any plans or specifications submitted, revised, or approved, in the loss or damages to
any person arising out of approval or disapproval or failure to approve or disapprove
any plans or specifications, for any loss or damage arising from the non-compliance of
such plans or specifications with any governmental ordinance or regulation, nor any
defects in construction undertaken pursuant to such plans and specifications.
Section 8. Upon completion of the construction of the Project, the Project and
all appurtenances thereto shall become the property of TxDOT.
Section 9. This Contract shall not be assignable without the express written
consent of City and Developer.
Executed this Day of , 2006.
3
VERDE APARTMENT COMMUNITIES
DEVELOPMENT LP,
a Texas limited partnership
By: Verde Apartment Services GP, LLC,
its sole general partner
By: _
Name:
Title:
City Attorney
El
Bruno Rumbelow, City Manager
•
Before me, a notary public, on this day personally appeared
'known to me to be the person whose name is subscribed to the
foregoing document and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office this day of ,
II.
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
•
Before me, a notary public, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing document and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office this day of ,
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
5
'71HE STATE OF
• • -
C;SJ 7; ZbdI-UZ-UU5
District # 02
Code Chart 64 # 17200
Project: FM 2499
At River Walk in Grapevine
•- e
- • lei I IN 0 tellA 9
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the "State", and the Cily of Grapevine, acting
by and through its duly authorized officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 108812 authorizes the State to undertake and
^omplete a highway improvement generally described as installation of a traffic signal at the
Aersection of FM 2499 at River Walk in Grapevine; and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as installation
of a traffic signal at the intersection of over FM 2499 at River Walk in Grapevine, hereinafter called
the "Project"; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the
State and the Local Government do agree as follows:
r4rticle 1. Time Period Covered
terminated,This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full force
and effect until the Project described herein has been completed and accepted by all parties or
unless as hereinafter
ResponsibilitiesArticle 2. Project Funding and Work
Th I e State will authorize the performance of only those Project items of work which the Local
..,,jovernment has requested and has agreed to pay for as described in Attachment A, Payment
Provision and Work Responsibilities which is attached to and made a part of this contract.
AFA-AFA_VoITIP Page 1 of 6 Revised 11/9/05
2681-02-005
District # 1
Code Chart . 1#
• - ..•
RiverAt •
In addition to identifying those items of work paid for by payments to the State, Attachment A,
Payment Provision and Work Responsibilities, also specifies those Project items of work that are the
responsibility of the Local Government and will be carried out and completed by the Local
Government, at no cost to the State.
Article 3. Right of Access
If the Local Government is the owner of any part of the Project site, the Local Government shall
permit the State or its authorized representative access to the site to perform any activities required
to execute the work.
Article 4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites not owned or to be acquired by the State.
Article 6. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of
the other party and each party agrees it is responsible for its individual acts and deeds as well as the
acts and deeds of its contractors, employees, representatives, and agents.
Article 6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes, specifications,
contract provision requirements and related documentation in a Microsoft® Word or similar
document. If requested by the State, the Local Government will use the State's document template.
The Local. Government shall also provide a detailed construction time estimate including types of
activities and month in the format required by the State. This requirement applies whether the local
government creates the documents with its own forces or by hiring a consultant or professional
provider.
Article 7. Interest
The State will not pay interest on funds provided by the Local Government. Funds provided by the
Local Government will be deposited into, and retained in, the State Treasury.
Article 8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities,
to this contract, the State will supervise and inspect all work performed hereunder and provide such
engineering inspection and testing services as may be required to ensure that the Project is
accomplished in accordance with the approved plans and specifications. All correspondence and
instructions to the contractor performing the work will be the sole responsibility of the State. Unless
otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance
with the Standard Specifications for Construction and Maintenance of Highways, Streets, and
Bridges adopted by the State and incorporated herein by reference, or special specifications
approved by the State.
Article 9. Increased Costs
In the event it is determined that the funding provided by the Local Government will be insufficient to
cover the State's cost for performance of the Local Government's requested work, the Local
Government will pay to the State the additional funds necessary to cover the anticipated additional
cost. The State shall send the Local Government a written notification stating the amount of
additional funding needed and stating the reasons for the needed additional funds. The Local
%aoj * /-00'1-uL-uuo
District # 02
Code Chart 64 #.17200
Project: FM 2499
At River Walk in Grapevine
'; overnment shall pay the funds to the State within 30 days of the written notification, unless
otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the
additional funds, this contract shall be mutually terminated in accord with Article 10 - Termination. If
this is a fixed price agreement as specified in Attachment A, Payment Provision and Work
Responsibilities, this provision shall only apply in the event changed site conditions are discovered or
as mutually agreed upon by the State and the Local Government.
If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage facility
requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed
changes, including but not limited to plats or replats, result in increased costs, then any increased
costs associated with the ordinances or changes will be paid by the local government. The cost of
providing right of way acquired by the State shall mean the total expenses in acquiring the property
interests either through negotiations or eminent domain proceedings, including but not limited to
expenses related to relocation, removal, and adjustment of eligible utilities.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise specified in Attachment A to this agreement.
Article 11. Termination
This agreement may be terminated in the following manner:
♦ by mutual written agreement and consent of both parties;
♦ by either party upon the failure of the other party to fulfill the obligations set forth herein;
♦ by the State if it determines that the performance of the Project is not in the best interest of the
State.
If the agreement is terminated in accordance with the above provisions, the Local Government will be
responsible for the payment of Project costs incurred by the State on behalf of the Local Government
up to the time of termination.
♦ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
due to the Local Government, the State, or the Federal Government will be promptly paid by
the owing party.
12. Notices
All notices to either party by the other required under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being
permitted to the - - permitted bbut only afterseparate written consentof the.. -
addressed to such party at the following addresses:
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•
M1* •- •
City Manager
City of Grapevine
200 South Main Street
Grapevine, Texas 76099
2681-02-0105J
D • /
••- •4
.•
Project:
RiverAt
Maribel P. Chavez P.E.
District Engineer
Texas Department of Transportation
2501 SW Loop 820
Fort Worth Texas 76133
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice of
the change to the other party. Either party may request in writing that such notices shall be
delivered personally or by certified U.S. mail and such request shall be honored and carried out by
the other party.
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
Article 14. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns, and
administrators of such other party in respect to all covenants of this agreement.
Article 16. Amendments
fin
Article 16. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those, funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
Article 17. Insurance
If this. agreement authorizes the Local Government or its contractor to perform any work on State
right of way, before beginning work the entity performing the work shall provide the State with a fully
executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage
in the amounts and types specified on the Certificate of Insurance for all persons and entities working
on State right of way. This coverage shall be maintained until all work on the State right of way is
complete. If coverage is not maintained, all work on State right of way shall cease immediately, and
the State may recover damages and all costs of completing the work.
AFA-AFA—VoITIP Page 4 of 6 Revised 11/9/CB
District 02
Code Chart 64 17200
Project: FM 2499
At River Walk in Grapevine
he signatories to this agreement warrant that each has the authority to enter into this agreement on
ehalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By
District Engineer
Name of the Local Government Citv of GraDevine
By
MM
City Manager
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2681-02-002
District ,t
Code Project:• /i
2499 • •
RiverAt _
• • . •
Project Budget and Description
The Local Government will pay for the cost of the installation of a traffic signal at FM 2499 at River
Walk in Grapevine. The Local Government's participation is 100% of the cost of this particular
improvement. The Local Government's estimated cost of this additional work is $121.800 including
construction items, and engineering and contingencies. The State has estimated the project to be as
follows:
Description ,
105,000
- •eral
state
Local_
100%
Estimate
Participation
Participation
Participation
Cost
Direct State Costs
16,800
100%
A191 611
EUMMS,� •
Construction of Traffic
105,000
100%
105,000
Signal
Direct State Costs
16,800
100%
16,800
(including plan review,
inspection and
oversight) 16%
TOTAL
121,800
121,800
-117 T&TF7XII?
r
It is understood that the proposed improvements will be done by the State and the Local Government
will transmit to the State with the return of this Agreement, executed by the Local Government, a
warrant or check in the amount of $121.800 made payable to the "Texas Department of
Transportation" to be used solely for the cost of improvements as requested by the Local
Government. It is further understood that the State will include only those items for the
improvements as requested and required by the Local Government. This is an estimate only; final
participation amounts will be based on actual charges to the project.
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