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HomeMy WebLinkAboutContract 32289 r ^PTY SECRETARY - ON RA CT No. AGREEMENT BY AND BETWEEN THE CITY OF FORT WORTH, CL TEXAS, L.P., FT. WORTH & CROWLEY PARTNERS, LTD., CROWLEY INDEPENDENT SCHOOL DISTRICT AND WB 358 PARTNERS, L.P., CONSTRUCTION OF THE SUMMER CREEK SANITARY SEWER MAIN WHEREAS, the City of Fort Worth, Crowley Independent School District, CL Texas L.P., Ft. Worth & Crowley Partners, LTD., and WB 358 Partners L.P. will each benefit from the construction of the Sunuller Creek Sanitary Sewer Main, such sanitary sewer main to be approximately 7,400 linear feet of 10, 12 and 15-inch diameter sanitary sewer main and appurtenances along the route identified in Exhibit 1 attached hereto; and WHEREAS, the City of Fort Worth, Crowley Independent School District, CL Texas L.P., Ft. Worth & Crowley Partners, LTD., and WB 358 Partners L.P. desire to participate in the costs of the design and construction of the Summer Creek Sanitary Sewer Main; and WHEREAS, the City of Fort Worth, Crowley Independent School District, CL Texas L. P., Ft. Worth & Crowley Partners, LTD., and WB 358 Partners L.P. desire to reduce to writing an agreement for each party participating in the costs associated with the design and construction of the Summer Creek Sanitary Sewer Main. Now, therefore, the City of Fort Worth, acting herein by and through Marc A. Ott, its duly authorized Assistant City Manager; Crowley Independent School District, acting herein by and through Greg Gibson, its duly authorized superintendent; CL Texas, L.P., acting herein by and through CL Texas I GP, L.L.C., its duly authorized general partner, acting herein by and through Gary W. McAtee, its duly authorized vice president; Ft. Worth & Crowley Partners, LTD., acting herein by and through Prosperia Land Partners, L.L.C., its duly authorized general partner, acting herein by and through Benson Armistead, its duly authorized director of asset management; and WB 358 Partners L.P., acting herein by and through WB 358 Investments, Inc., its general partner, acting herein by and through Richard M. Barge, its duly authorized president do hereby agree as follows. 1. CL Texas, L.P. shall be responsible for retaining the services of a professional engineer licensed by the State of Texas and entering into a contract for the preparation of the design, plans and specifications, together with any modifications required during construction, and contract documents for the construction of the Summer Creek Sanitary Sewer Main. The cost of the design shall be the responsibility of CL Texas, tt shall receive 100% credit for such payment against its participation in the co st �'�>!t;! � vt'� ��� costs of the Summer Creek Sanitary Sewer Main. As of the date of the executi n �� Agreement, the anticipated cost for the engineering services to be provided hereunder is $80,000. 2. Each party, at its sole cost and expense, shall dedicate to the City of Fort Worth promptly following demand therefore all the necessary easements required for the construction of the Summer Creek Sanitary Sewer Main in form and substance reasonably acceptable to the City of Fort Worth. 3. The total cost of engineering services, construction costs, and costs of inspection are estimated to be $477,260. Such estimated total cost for the Summer Creek Sanitary Sewer Main shall be shared as follows: % Capacity 100 % 125% CL Texas, L.P. (37.5%) $ 178,972 $ 223,716 Crowley Independent School District (13.6%) $ 64,907 $ 81,134 WB 358 Partners, L.P. ( 2.1%) S 10,023 S 12,528 Ft. Worth & Crowley Partners, LTD. (26.9%) $ 128,383 S 160,479 City of Fort Worth (19.9%) $ 94,975 $ 118,718 Contemporaneously with the execution of this Agreement, each party hereto, except Fort Worth, shall deposit with Fort Worth 125% of its respective share as shown in this paragraph. The additional 25% shall be considered that party's change order fund. 4. Fort Worth shall be responsible for the advertising and award of the construction contract for the Summer Creek Sanitary Sewer Main. Fort Worth shall notify the other parties of the anticipated date for receipt and opening of bids. Fort Worth shall be responsible for the review of the bids, shall consult with the other parties regarding to whom the award of contract should be made and shall make a recommendation for award. If the construction and design costs exceed 5596,575 based upon the actual design costs and the amount contained in the selected contractor's bid, Fort Worth shall notify the other parties of such additional cost based upon the percentages stated in paragraph 3 above, which shall also apply to any excess cost. Payment shall be due 30 days from the date of notification. Upon completion of construction and final payment being made to the contractor, Fort Worth shall refund any remaining funds to the parties within 45 days following acceptance of the work. 5. Fort Worth shall be responsible for the award of contract; provided, however, that Fort Worth shall not be obligated to award the construction contract until such time as each party has deposited with Fort Worth its respective share of the cost for the constriction of the Summer Creek Sanitary Sewer Main. SUMMER CREEK SANITARY SEWER MAIN tii'J �\7'�G�IS 5V V�X��' CL TEXAS L.P.,CROWLEY INDEPENDENT SCHOOL DISTRICT p PT.WORTH&CROWLEY PARTNERS,LTD.,AND W13 358 PARTNERS,L.P. V 1p b`I �E(2-"C(nit1 Page 2 of 9 6. Any notice permitted or required to be given herein shall be in writing, mailed regular mail to the address shown below, or by confirmed facsimile transmission to the numbers shown below. If to Fort Worth: Mr. Frank Crumb, P. E., Acting Director Fort Worth Water Department 1000 Throckmorton Fort Worth, Texas 76102 Telephone: 817-871-8207 Facsimile: 817-871-8195 If to Crowley Independent School District: Greg Gibson, Superintendent 1008 Hwy 1187 P.O. Box 688 Crowley, Texas 76036 Telephone: 817-297-5800 Facsimile: 817-297-5805 If to WB 358 Partners, L.P.: Shaul Baruch, Representative Baruch Properties 8235 Douglas Avenue, Suite 770 Dallas, Texas 75225 Telephone: 214-739-2900 Facsimile: 214-739-2904 If to CL Texas, L.P.: Mr. Gary McAtee, Vice-President Signature Place I1 14755 Preston Road, Suite 710 Dallas, Texas 75254 Telephone: 972-702-8699 Facsimile: 972-702-8372 If to Ft. Worth & Crowley Partners, LTD.: Mr. Benson Annistead, Director of Asset Management 14875 Landmark Boulevard, Suite 306 Dallas, Texas 75254 Telephone: 214-696-8100 Facsimile: 214-696-8110 7. The Summer Creek Sanitary Sewer Main shall be part of the City of Fort Worth's sanitary sewer system. Fort Worth shall be responsible for the operation and maintenance of the Summer Creek Sanitary Sewer Main and the other parties to this agreement shall never be responsible for any such costs, unless any such party violates SUMMER CREEK SANITARY SEWER MAIN CL TEXAS L.P.,CROWLEY INDEPENDENT SCI TOOL DISTRICT PT.WORTH&CROWLEY PARTNERS,LTD.,AND WI3 358 PARTNERS,L.P. Page 3 of 9 any ordinance of the City of Fort Worth or any other jurisdiction within which it is located affecting the quality of wastewater. S. This Agreement may not be changed, revised or otherwise amended unless same be in writing and approved by the governing body for each Party. 9. As between the City of Fort Worth and Crowley Independent School District, this Agreement shall constitute an Interlocal Agreement under the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The City of Fort Worth represents and warrants to Crowley Independent School District that this Agreement has been duly authorized by the Fort Worth City Council and the payments required from the City of Fort Worth will be made from current revenues available to the City. Crowley Independent School District warrants and represents to the City of Fort Worth that this Agreement has been duly authorized by the Board of Trustees of the School District and the payments required from the School District will be made from current revenues available to the School District. Pursuant to Section 791.012 of the Texas Government Code, the laws applicable to the City of Fort Worth with respect to bidding and awarding of a construction contract for the Summer Creek Sanitary Sewer Main shall apply. 10. No provision of this Agreement shall be construed to create any type of joint or equity ownership of any property, any partnership or joint venture, nor shall same create any other rights or liabilities, nor shall it be construed as granting any party to this Agreement partial ownership of, pre-paid capacity in, or equity in the Fort Worth sanitary sewer system. 11. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. 12. If, by reason of Force Majeure as hereinafter defined, any party shall be rendered wholly or partially unable to carry out its obligations under this Agreement, other than the mere obligation to pay money, then such party shall give written notice of the particulars of such Force Majeure to the other parties within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the ext SUMMER CREEK SANITARY SEWER MAIN fJ; I`I'l luSV'J9� CL TEXAS L.P.,CROWLEY INDEPENDENT SCHOOL DISTRICT FT.WORTH&CROWLEY PARTNERS,LTD.,AND WB 358 PARTNERS,L.1'. Page 4of9 ( .'v'1•: UUp i Suo by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall be in good faith exercising its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority; insurrections; riots, epidemics, landslides; earthquakes; lightning; fires; hurricanes; storms; floods; washouts; or other natural disasters; arrest; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines or canals; or other causes not reasonably within the control of the party claiming such inability. 13. This Agreement shall be construed under and in accordance with Texas law. Venue for any action arising hereunder shall be exclusively in Tarrant County, Texas. 14. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and tie same instrument. Executed this the V day of 2005. ATTEST: CITY OF T WORTH iNNck-& - By: City Secretary Marc A. Assistant City Manager Approved as to Form and Legality: Approval Recommended: ssisn tit/Attorney Frank Crumb, P. E. Acting Director C � : ATTEST: Crowley Independent Sch 1 District YL Gt�111.r�c�; By: ool Board Secretary eg Gibson Superintendent -1 A�-pproved as to Fv>. ii and L.,gula�y. ch 1-District Attorney SUMMER CREEK SANITARY SEWER MAIN CL TEXAS L.P.,CROWLEY INDEPENDENT SCHOOL DISTRICT TRINITY/TARRANI'PARTNERS,LTD.,WE 358 PARTNERS,L.P. Page 6 of 9 ATTEST: CL Texas L.P. a Texas Limited Partnership By: CL Texas I GP, L.L.C. Its General Partn r By: Corporate Secretary Gary W. M tee Vice-Presi ent vJ SUMMER CREEK SANITARY SEWER MAIN CL TEXAS L.P.,CROWLEY INDEPENDENT SCHOOL DISTRICT FT.WORTH&CROWLEY PARTNERS,LTD.,AND WB 358 PARTNERS,L.P. Page 7 of 9 ATTEST: Ft. Worth & Crowley Partners, LTD. By: Prosperia Land Partners, L.L.C. Its General Partner By: Corporate Secretary Benson Armistead, Director of Asset Management LT PR CEX SL .,CROWLEY INDEPENDENT CHOOL DISTRICT FT.WORTH&CROWLEY PARTNERS,LTD.,AND WB 358 PARTNERS,L.P. S Page 8of9 j�� •'``id•. Ytl) LG�a r ATTEST: WB 358 Partners, L. P. By: WB 358 Investments, Inc. Its General P er By: Corporate Secretary and M President SUMMER CREEK SANITARY SEWER MAIN CL TEXAS L.P.,CROWLEY INDEPENDENT SCHOOL DISTRICT TRINITYITARRANT PARTNERS,LTD.,WB 358 PARTNERS,L.P. Page 9 of 9 M&C Request Review Pagel of2 %AA WW VV Ftl!{T ;II "arns I Council Agenda I N&C I Employee Directory I Morning Report I Aft I PRS I rr Online I Dapartrnents I Sft Me-, COUNCIL ACTION: Approved on 8/23/2005 DATE: 8/23/2005 REFERENCE NO.: **C-20916 LOG NAME: 60SUMMERCREEI CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Agreement between the City of Fort Worth, Crowley Independer School District, CL Texas, L.P., Fort Worth & Crowley Partners, Ltd., and WB 358 Partner: for the Construction of the Summer Creek Approach Sewer Main RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with the Crowley Independent School District, CL Texas, L.P., Fort Worth & Crowley Partners, Ltd., and WB 351 Partners, L.P., for the construction of the Summer Creek approach sanitary sewer main. DISCUSSION: The Crowley Independent School District; CL Texas, L.P., by CL Texas I GP, L.L.C., its general partne Worth & Crowley Partners, Ltd., by Prosperia Land Partners. L.L.C., its general partner; and WB 358 Partners, L.P., by WB 358 Investments, Inc., its general partner, approached the City of Fort Worth regarding the sanitary sewer service to the subject properties shown on Exhibit 1. Each party will ben( from the construction of this sewer main, which is approximately 7,400 linear feet of 10, 12 and 15-inct sanitary sewer main. The estimated total cost for this sanitary sewer main is $477,260, including engineering, inspection an( construction costs. Each party is responsible for a percentage of the cost based on the sewer capacity required for each party's property. The City of Fort Worth is responsible for the remaining capacity. Ti agreement requires all parties to pay 125% of the estimated total cost to be able to fund additional cos such as engineering amendments or change orders without additional collections up to a total cost of $596,575. Additional collections will be made if the collected amount is exceeded and refunds will be i of any excess funds based on capacity percentages. All payments as shown below have been made t City of Fort Worth which is responsible for managing the construction contract. Percent Capacity 125% of C CL Texas, L.P. 37.5% $223,716 Crowley Independent School District 13.6% $81,134 WB 358 Partners, L.P. 2.1% $12,528 Fort Worth & Crowley Partners, Ltd. 26.9% $160,479 City of Fort Worth 19.9% $118,71 8 Total 100% $596,575 This agreement is consistent with the City's Wastewater Master Plan and promotes the orderly provisi( http://www.cfwnet.org/council_packet/mc—review.asp?ID=4401&councildate=8/23/2005 8/24/2005 ' M&C Request Review Page 2 of 2 sanitary sewer service to the area. City staff considers this agreement to be reasonable and recommei approval. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P174 539140 070174014006 $118,718.01 Submitted for City Manager's Office by Marc Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional Information Contact: S. Frank Crumb (Acting) (8207) ATTACHMENTS Summer Creek Sewer Exhibit.doc http://www.cfwnet.org/council_packet/mc_review.asp?ID=4401&councildate=8/23/2005 8/24/2005