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HomeMy WebLinkAboutItem 08 - Fairfield Wildwood Creek/Dove Road ExtentionITEM # 8 MEMO TO: HONORABLE MAYOR AND MEMBERSOFOF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER '1� MEETING DATE: JANUARY 4, 2000 SUBJECT: CITY / DEVELOPER CONTRACT WITH FAIRFIELD WILDWOOD CREEK LIMITED PARTNERSHIP FOR THE DOVE ROAD EXTENSION AND SANITARY SEWER PROJECTS RECOMMENDATION: City Council consider approving a Developer Contract with Fairfield Wildwood Creek L.P. for: the construction of Dove Road Extension between Boyd Drive and Ruth Wall Street; the construction of a Sanitary Sewer Trunk Line, the Opryland Lift Station, and a Force Main; authorizing City participation in the cost of the roadway project in an estimated amount of $ 240,708.97, and in the cost of the sanitary sewer project in an estimated amount of $ 43,533.00; authorizing staff to execute said Developer Contract, and take any necessary action. FUNDING SOURCE: Funds are currently available as follows: 1996 GO Bonds $ 220,548.97 1996 Utility Bond Interest $ 20,160.00 1996 Utility Bond Interest $ 43,533.00 Dove Road Extension Budget Sanitary Sewer Budget City $ 240,708.97 City $ 43,533.00 Developer 437,065.95 Developer 90,000.00 Opryland TIF 521,307.00 Total $ 677,774.92 Total $ 654,840.00 September 29, 1998 4:32 PM :� �•01 :4 ky, MAN I to] Fairfield Wildwood Creek Limited Partnership, the developer of Wildwood Creek Apartments Addition, owns the undeveloped property bordered by Boyd Drive, Wildwood Drive, Ruth Wall Street, and Turner Road. They are preparing to develop the tract in accordance with their approved development plans. One requirement of the proposed development is that the developer fund 2/3 of the cost to construct Dove Road Extension across this tract. This cost share is consistent with the City's current ordinances which calls for the City to fund 1/3 of the cost of Thoroughfares. This project has been publicly bid and the award of the construction is scheduled for the January 4, 2000 Council meeting. A second condition of the proposed development is to participate in the cost to increase the capacity of the downstream sanitary sewer facilities. The Wildwood package lift station, undersized for future development in this watershed, is planned to be eliminated with the development of Opryland and the construction of the Opryland Lift Station near Ruth Wall Street. This development's proportionate share of the cost of the improvements for a new trunk line from the Wildwood Lift Station to the Opryland Lift Station, the Opryland Lift Station and the force main from the Opryland Lift Station to the gravity line at Boyd Drive and Wildwood Drive is estimated to be $ 90,000.00. The City's cost participation for existing flows to the trunk line is estimated to be $ 43,533,00. The balance of the Opryland lift station cost and the force main cost is estimated to be $ 521,307.00 which will be funded by the TIF. All three elements of the sanitary sewer improvements will be constructed with the Opryland Public Improvements beginning this spring. At this time, the developer is only providing their funding for the sanitary sewer improvements to insure that they can be served upon completion of their apartment complex. Staff recommends approval. SAD/J S L/ds m o:\agenda\01-04-00\W ildDA September 29, 1998 4:32 PM GENERAL GOVERNMENT CAPITAL PROJECTS Dove Road Extension Construction of Dove Road from Boyd Drive to Ruth Wall Street. This roadway will be a four -lane divided street within an 80 foot right-of-way. PROJECT SCHEDULE B"in End Design Private Private Construction Jan -00 May -00 Operating budget impact includes the cost of periodic street sweeping, maintenance of road markings, sealing of joints in pavement, and maintaining medians and parkways on both sides of the roadway. Projected Annual Operating Impact FY -00 Budget FY -01 Planned FY -02"- Planned Total Project LTD ; Budget =Y=- PIanned Project Expenses 09/30199 FY -00 FY -01 . FY -02 FY -03 FY -04 ;`a Cost .' Construction 617,068 0 Maintenance 617,068 Contingency 3,395 60,707 6,419 18,819 Services 60,707 TOTAL: $0 $677,775 $0 $0 $0 $0 $677,775 Funding 0 R$646 $1,939.; $3;395 $4;419 Source $18,819 220,549 220,549 1996 GO Bonds Developer Participation 437,066 437,066 Utility Bonds 20,160 20,160 TOTAL: $0 1 $677,775 $0 $0 $0 $0 $677,775 Operating budget impact includes the cost of periodic street sweeping, maintenance of road markings, sealing of joints in pavement, and maintaining medians and parkways on both sides of the roadway. Projected Annual Operating Impact FY -00 Budget FY -01 Planned FY -02"- Planned FY -03. " Planned ' FY -04 Planned' Total Personnel Expenses 0 Supplies 0 Maintenance 646 1,939 3,395 6,419 6,419 18,819 Services 0 Capital Outlay 0 R$646 $1,939.; $3;395 $4;419 $6;419 $18,819 COUNTY OF TARRANT CITY OF GRAPEVINE A § DEVELOPER'S CONTRACT WHEREAS, FAIRFIELD WILDWOOD CREEK LIMITED PARTNERSHIP, a partnership authorized to do business in the State of Texas, hereinafter referred to as "Developer", is the owner of a tract of land in the City of Grapevine, Tarrant County, Texas, a Texas home -rule City, hereinafter referred to as "City", said tract of land ("Subject Property") is described in Exhibit "A", which exhibit is attached hereto and incorporated herein for all purposes; and WHEREAS, impending development of the Subject Property generates a volume of traffic which necessitates the construction of Dove Road Extension from Boyd Drive to Ruth Wall Street (the Road Project) as shown in Exhibit "B" which exhibit is attached hereto and incorporated herein for all purposes; and WHEREAS, the City's approved Thoroughfare Plan identifies Dove Road as a 4 lane Major Arterial roadway from Kimball Road to Ruth Wall Street; and WHEREAS, the design of the Road Project improvements shall be undertaken by the Developer at it's sole cost as a requirement of the design and construction of the proposed development of the Subject Property; and WHEREAS, Developer acknowledges the need for medians in the pavement section of the Road Project to control traffic access throughout the corridor; and WHEREAS, the City, pursuant to its ordinances, acknowledges a degree of responsibility to participate in the construction of the Road Project to accommodate the traffic volumes projected in the Thoroughfare Plan for this corridor; and WHEREAS, for the purposes of this Developer Agreement, the City and the Developer estimate that the construction cost of the Road Project will be $ 607,068.11 based upon the current low public bid; and WHEREAS, for the purposes of this Developer's Agreement, the City and the Developer agree that the "Total Cost" of the Road Project, estimated to be $ 677,774.92, shall be defined as the final construction cost plus the cost for median irrigation, change orders, material testing, and ten percent (10%) contingencies; and WHEREAS, the City agrees that its share of the Total Cost of the Road Project, as estimated, shall be $ 240,708.97 7 or 35.5% and the Developer agrees that its share of said cost shall be $ 437,065.95 or 64.5%; and WHEREAS, impending development of the Subject Property generates a volume of sanitary sewage, which necessitates improvements to the downstream sanitary sewer system, including 1.) a Trunk Line from the Wildwood Lift Station east along Wildwood Drive and north along Ruth Wall Street to the proposed Opryland Lift Station, 2.) the Opryland Lift Station, and 3.) the Force Main from the Opryland Lift Station south along Ruth Wall Street and west along Wildwood Drive to Boyd Drive (the Sanitary Sewer Project) as shown in Exhibit "B" which exhibit is attached hereto and incorporated herein for all purposes; and WHEREAS, the downstream sanitary system improvements will serve the planned development as well as existing development, WHEREAS, the City, pursuant to its ordinances, acknowledges a degree of responsibility to participate in the construction of the Sanitary Sewer Project to accommodate the existing and future sanitary sewer flows identified in the Wastewater Master Plan for this area; and WHEREAS, for the purposes of this Developer's Agreement, the City and the Developer estimate that the Total Cost of the Sanitary Sewer Project will be $ 636,840.00; and WHEREAS, for the purposes of this Developer's Agreement, the City and the Developers agree that the "Total Cost" of the Sanitary Sewer Project, estimated to be $ 640,840.00, shall be defined as the final construction cost plus the cost for change orders, material testing, and twenty percent (20%) contingencies; and WHEREAS, the City agrees that its share of the Total Cost of the Sanitary Sewer Project shall be $ 43,533.00 or 6.8%; the Developer agrees that it's share of said cost shall be $ 90,000.00 or 14.0%; and the balance of the estimated cost, $ 503,307.00 or 79.2% shall be funded by the City's contribution to the Opryland TIF; and 2 WHEREAS, the Developer agrees that the City and Developer shall approve the plans and specifications prior to the construction of the Roadway Project and the Sanitary Sewer Project; and WHEREAS, the Developer agrees that the contracting for the construction of both Projects shall be performed by the City of Grapevine in compliance with State of Texas competitive bidding laws and procedures required of Cities throughout the State; and WHEREAS, the Developer agrees that opening of the sealed bids and the awarding of contracts for the construction of these Projects shall be the responsibility of and conducted by City Officials and shall be open to the Public and the Developer; and WHEREAS, the Developer agrees that the construction contractor shall be required in its contract with the city to provide and pay for performance, payment and maintenance bonds. Said paid performance, payment, and maintenance bonds shall be issued by a surety company acceptable to the City and authorized to act as a surety in the State of Texas and shall be issued in the name of the City of Grapevine. The performance and payment bonds shall be issued in the full amount of the cost to construct each project and the maintenance bond shall be issued in the amount of twenty-five percent (25%) of the construction cost of each project and shall remain in effect for a period of two years after final acceptance of the Project by the City; and WHEREAS, the Developer agrees to deposit with the City by certified checks its proportionate share of the Total Cost of the Road Project and the Sanitary Sewer project, established in this Developer Agreement, upon the execution of this Developer Agreement by the Developer, and prior to the City entering into construction contracts for either of the projects; and WHEREAS, the City shall have the right, at its sole discretion, to approve and execute any and all reasonable and necessary Change Orders to the construction contract that it deems appropriate and necessary for the completion of the projects; and WHEREAS, if the construction cost bid for either of the projects or the actual cost exceeds the bid or estimated construction costs, the Developer agrees to increase .its initial participation by its proportionate share of the amount the construction cost its exceeds the estimated cost by depositing with the City its proportionate share of the increased cost within ten (10) days of receipt of a detailed invoice from the City; and 3 WHEREAS, if the actual Total Cost for either of the projects at completion is less than the estimated Total Cost, City agrees to refund the Developer's proportionate share of the balance of the surplus to the Developer with accrued interest based upon the City's average rate of return for investments within thirty (30) days of a final determination of the Total Cost and final acceptance of each project by the City; 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 2a. The Developer hereby agrees, at it's sole cost, to employ a civil engineer registered in the State of Texas to prepare and seal the construction plans of the Roadway Project improvements prior to construction. The City shall review and approve the construction plans. b. The Developer hereby agrees, at its sole cost, to contract with said registered civil engineer to provide Construction Phase Engineering Services to the City during the construction of the Roadway Project. Section 3a. The City 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 Sanitary Sewer project improvements prior to construction. b. The City hereby agrees, at its sole cost, to contract with said registered civil engineer to provide Construction Phase Engineering Services to the City during the construction of the Sanitary Sewer project. Section 4a. The Developer and the City agree that the city shall construct each project and both parties shall share in the Total Cost of each project, as established in this Developer Agreement. The Developer shall deposit with the City by certified check it's proportionate share of the Total Cost of each project, established in this Developer M Agreement, upon the execution of this Developer Agreement by the Developer, and prior " to the City entering into the construction contract for either project, except for costs required to be paid by Developer pursuant to this agreement and impact fees pursuant to the current ordinance. Developer shall not be required to pay any additional sums to the city in connection with Peach Street/Dove Road Extension or off site sanitary sewer services/facilities. b. The Opryland TIF is funded partially by the City's agreed upon contribution. The funding of the Sanitary Sewer Project by the Developer and City to the extent described in this Agreement shall be supplemental from the City's contribution to the Opryland TIF. All costs over the estimated costs shall be funded proportionately by the Developer, the City and the City's contribution to the TIF in the percentages noted. Section 5. No certificates of occupancy shall be issued for Subject Property until the Developer has provided it's share of the estimated funds as provided above, receipt of which is hereby acknowledged for both projects. Section 6. Upon completion and acceptance of the projects, the projects and all appurtenances thereto shall become the property of the City. Section 7. This Agreement shall not be assignable without the express written consent of City and Developer. 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