HomeMy WebLinkAboutContract 49456 CITY SECRETARY
CONTRACT NO.-�
COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
Developer Company Name: Fort Worth Everman/Risinger Development,LLC, a Texas limited
liability company,and Commerce Construction Co.,L.P., a California
limited partnership authorized to do business in Texas
Address,State,Zip Code: 131 E.Exchange Ave,Suite 212,Fort Worth,TX 76164
Phone&Email: 817.710.7367,joshwheeler@MajesticRealty.com
Authorized Signatory,Title: Edward P.Roski,President and Chairman of the Board,and Chief
Executive Officer
Project Name: West Everman Parkway
Brief Description: Paving, Storm Drain, Street Lights
Project Location: Between QT and Cameron Hill Point
Plat Case Number: FP-16-123 Plat Name Everman Trade Center
FP-17-003 Plat Name: Southland Business Park Addition
Mapsco: 61W Council District: 8 City Project Number: 100880
CFA Number: 2017-071 DOE Number: None
To be completedb staff.-
Received by: Date: -7101117-
112
OFFICIAL RECORD �, RECENED a
CITY SECRETARYa 2 �
A1SG' 41,
FT.WORTHS TX N Clt l OE FORT WORTH
_ _ � C11Y SECRETARY �
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway �Yd Z l L
CFA Official Release Date:01.22.2017
Page 1 of 12
COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, Fort Worth Everman/Risinger Development, LLC, a Texas limited liability
company, and Commerce Construction Co., L.P., a California limited partnership authorized
to do business in Texas (Fort Worth Everman/Risinger Development, LLC and Commerce
Construction Co., L.P. are individually and collectively referred to herein as "Developer"),
desire to make certain specific improvements as described below and on the exhibits attached
hereto ("Improvements") related to a project generally described as West Everman Parkway
("Project")within the City of Fort Worth, Texas ("City"); and
WHEREAS, the City has reviewed the proposed Improvements and desires to
participate in the cost of the Improvements in an amount not to exceed $500,000.00 which
the City receives from Tarrant County, Texas pursuant to an Interlocal Agreement between
the City and Tarrant County Texas; and
WHEREAS, the Developer and the City desire to enter into this Community
Facilities Agreement ("CFA" or "Agreement") in connection with the collective
Improvements for the Project; and
WHEREAS, the City is not requiring Developer to construct any of the
Improvements contained in this CFA or requiring Developer to execute this CFA; and
WHEREAS, the City has reviewed the Project and desires to participate in the
Project in accordance with this Agreement as presented by the Cost Summary Table and
Exhibits attached hereto and authorized by City Council via M&C C-28224 on May 9, 2017;
and
WHEREAS, the City's portion of cost participation shall be in the amount of funds
the City receives from Tarrant County, Texas pursuant to the Interlocal Agreement, said
amount not to exceed$500,000.00 ("Participation"); and
WHEREAS, the City has requested the Developer to cause, and the Developer
agrees to cause, the design, permitting and construction of the Project for which the City
will, subject to City Council approval, reimburse the Developer for the City's portion of
those costs after City's final acceptance of the Project and the City's receipt of funds from
Tarrant County, Texas.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 2 of 12
NOW, THEREFORE, for and in consideration of the covenants and conditions
contained herein, the City and the Developer do hereby agree as follows:
General Requirements
A. The Policy for the Installation of Community Facilities ('Policy") dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby
incorporated into this Agreement as if copied herein verbatim. Developer agrees to
comply with all provisions of said Policy in the performance of its duties and obligations
hereunder and to cause all contractors hired by Developer to comply with the Policy in
connection with the work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6, Section II,
of the Policy and recognizes that there shall be no reduction in the collateral until the
Project has been completed and the City has officially accepted the Improvements.
Developer further acknowledges that said acceptance process requires the Developer's
contractor(s) to submit a signed affidavit of bills paid signed by its contractor and
consent of surety signed by its surety to ensure the contractor has paid any sub-
contractor(s) and suppliers in full. Additionally, the contractor will provide in writing
that the contractor has been paid in full by Developer for all the services provided
under their contract.
C. Developer agrees to cause the construction of the Improvements contemplated by this
Agreement and that said construction shall be completed in a good and workmanlike
manner and in accordance with all City standards and the City-approved construction
plans, specifications and cost estimates provided for the Project and the exhibits
attached hereto.
D. The following checked exhibits describe the Improvements and are incorporated
herein: Water (A) ❑, Sewer (A-1) ❑, Paving (B) N; Storm Drain (B-1) N!, Street
Lights & Signs (C) N.
E. The Developer shall award all contracts for the construction of community facilities in
accordance with all applicable competitive public bidding requirements applicable to the
City, and with Section II, paragraph 7 of the Policy. Developer's construction contracts
shall be administered in conformance with paragraph 8, Section Il, of the Policy.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 3 of 12
Developer shall ensure its contractor(s) pays the then-current City-established wage
rates.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s),Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being prequalified, insured, licensed
and bonded to do work in public ways and/or prequalified to perform
water/wastewater construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance
bond in the names of the City and the Developer for one hundred percent
(100%) of the contract price of the infrastructure, and a maintenance bond in
the name of the City for one hundred percent (100%) of the contract price of
the infrastructure for a period of two (2) years from the date of final
acceptance insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. All bonds to be
furnished before work is commenced and to meet the requirements of Chapter
2253,Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the amounts
required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City shall be
named as additional insured on all insurance required by said documents and
same will be evidenced on the Certificate of Insurance (ACORD or other
state-approved form) supplied by the contractor's insurance provider and
bound in the construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to
commence construction to the City's Construction Services Division so that
City inspection personnel will be available; to require the contractor to allow
the construction to be subject to inspection at any and all times by City
inspection forces, to not install or relocate any sanitary sewer, storm drain, or
water pipe unless a responsible City inspector is present and gives his consent
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 4 of 12
to proceed, and to make such laboratory tests of materials being used as may
be required by the City.
V. To require its contractor to have fully executed contract documents submitted
to the City to schedule a Pre-Construction Meeting. The submittal should
occur no less than 10 working days prior to the desired date of the meeting. No
construction will commence without a City-issued Notice to Proceed to the
Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement, if any,until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Department.
G. Developer shall provide, at its expense, unless otherwise agreed to by City, all
engineering drawings and documents necessary to construct the Improvements under this
Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
I. City shall not be responsible for payment of any costs that may be incurred by Developer
in the relocation of any utilities that are or may be in conflict with any of the community
facilities to be installed hereunder. City shall not be responsible for the costs of utility
relocation necessitated by the City's participation in this Agreement.
J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless
for any inadequacies in the preliminary plans, specifications and cost estimates
supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements
across property owned by Developer and required for the construction of the current and
future improvements provided for by this Agreement.
L. The Developer further covenants and agrees to, and by these presents does hereby,fully
indemnify, hold harmless and defend the City, its officers, agents and employees from
all suits, actions or claims of any character, whether real or asserted, brought for or on
account of any injuries (including death) or damages sustained by any persons or to
any property, resulting from or in connection with the construction, design,
performance or completion of any work to be performed by said Developer, his
contractors, subcontractors, officers, agents or employees, or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional or
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 5 of 12
otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors,
officers, agents or employees.
M. The Developer will further require its contractors to indemnify, defend and hold
harmless the City, its officers, agents and employees from and against any and all
claims, suits or causes of action of any nature whatsoever, whether real or asserted,
brought for or on account of any injuries or damages to persons or property, including
death, resulting from or in any way connected with the construction of the
infrastructure contemplated herein, whether or not such injuries, death or damages
are caused in whole or in part, by the alleged negligence of the City of Fort
Worth, its officers, servants, or employees. Further, Developer will require its
contractors to indemnify and hold harmless the City for any losses, damages, costs or
expenses suffered by the City or caused as a result of said contractor's failure to
complete the work and construct the improvements in a good and workmanlike
manner,free from defects, in conformance with the Policy, and in accordance with all
plans and specifications.
N. Upon completion of all work associated with the construction of the Improvements,
Developer will assign to the City a non-exclusive right to enforce the contracts entered
into by the Developer with its contractor along with an assignment of all warranties given
by the contractor, whether express or implied. Further, Developer agrees that all
contracts with any contractor shall include provisions granting to the City the right to
enforce such contracts as an express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows and further apportioned in the
Cost Summary Table below
i. Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent (2%) for a total of four (4%) of the
Developer's share of the total construction cost as stated in the construction
contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to
four percent (4%) and material testing fees equal to two percent (2%) for a
total of six (6%) of the Developer's share of the total construction cost as
stated in the construction contract.
iii. Developer shall pay in cash the total cost of streetlights or if the City is not
installing the streetlights, inspection fees equal to four percent (4%) of the
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 6 of 12
Developer's share of the streetlight construction cost as stated in the
construction contract.
iv. Developer shall pay in cash the total cost of street signs necessary for
Developer's portion of the Project.
P. COMPLETION WITHIN 2 YEARS
i. The City's obligation to participate (exclusive of front foot charges) in this
Agreement shall terminate if the Improvements are not completed by
September 30, 2018; provided, however, that if construction of the
Improvements has started before September 30, 2018 and Tarrant County,
Texas agrees to an extension of the Interlocal Agreement between the City and
Tarrant County, Texas, the Developer may request that the CFA be extended
for a time period that is acceptable to City and Tarrant County, Texas. If the
Improvements are not completed within such extension period, there will be
no further obligation of the City to participate. City shall only be required to
participate in this CFA to extent that funds are received from Tarrant County,
Texas under the Interlocal Agreement and City's obligation to participate shall
not exceed the amount the City receives from Tarrant County, Texas in
accordance with the Interlocal Agreement. Should the City receive no funds
from Tarrant County, Texas under the Interlocal Agreement, City shall not be
liable for any participation in this CFA or payments to Developer.
ii. Subject to paragraph i, above, the City shall reimburse Developer for the
City's costs upon presentation of proper documentation of completion of
installation of the Improvements and upon City's receipt of funds from Tarrant
County,Texas.
iii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement
with its contractor or other related agreements.
iv. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if
on September 30, 2018 (and any extension period) the Improvements have not
been completed and accepted.
V. The City may utilize the Developer's financial guarantee to cause the payment
of costs for construction of the Improvements before September 30, 2018 if
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 7 of 12
the Developer breaches this Agreement, becomes insolvent or fails to pay
costs of construction and the financial guarantee is not a Completion
Agreement. If the financial guarantee is a Completion Agreement and the
Developer's contractors and/or suppliers are not paid for the costs of supplies
and/or construction, the contractors and/or suppliers may put a lien upon the
property which is the subject of the Completion Agreement.
Q. ENFORCEMENT
City and Developer agree that because Developer is composed of two entities, Fort
Worth Everman/Risinger Development,LLC, and Commerce Construction Co.,L.P.,the
City may enforce this Agreement against either Fort Worth Everman/Risinger
Development, LLC, or Commerce Construction Co., L.P, or against both Fort Worth
Everman/Risinger Development,LLC, and Commerce Construction Co., L.P.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 8 of 12
Cost Summary Sheet
Project Name: West Everman Parkway
CFA No.: 2017-071 City Project No.: 100880
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ $
2.Sewer Construction $ $ $
Water and Sewer Construction Total $ $ $
B. TPW Construction
1.Street $ 592,755.52 $500,000.00* $ 592,755.52
2.Storm Drain $ 32,870.93 $ - $ 32,870.93
3.Street Lights Installed by Developer $ 45,960.00 $ $ 45,960.00
4. Signals $ - $ $ -
TPW Construction Cost Total $ 671,586.45 $ - $ 671,586.45
Total Construction Cost(excluding the fees): $ 671,586.45 $ $ 671,586.45
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ - $ $ -
D. Water/Sewer Material Testing Fee(2%) $ $ $
Sub-Total for Water Construction Fees $ $ $
E. TPW Inspection Fee(4%) $ 25,025.06 $ $ 25,025.06
F. TPW Material Testing(2%) $ 12,512.53 $ $ 12,512.53
G. Street Light Inspsection Cost $ 1,838.40 $ $ 1,838.40
H. Signals Inspection Cost $ - $ $ -
J.Civil/Geotechnical Engineering&Survey(20%) $ - $ - $ -
TPW Construction Fees Subtotal $ 39,375.99 $ $ 39,375.99
Total Construction Fees $ 39,375.99 $ $ 39,375.99
TOTAL PROJECT COST $ 710,962.44 $ $ 710,962.44
Financial Guarantee Options,choose one Amount Choice
(Mark one)
Bond=100% $ 671,586.45
Completion Agreement=100%/Holds Plat $ 671,586.45
Cash Escrow Water/Sanitary Sewer=125% $ -
Cash Escrow Paving/Storm Drain=125% $ 839,483.06
Letter of Credit=125%w/2yr expiration period $ 839,483.06
* The City's cost participation shall be limited to amounts that are publicly bid and
shall be in the amount of funds the City receives from Tarrant County, Texas pursuant to the
Interlocal Agreement, said amount not to exceed$500,000.00.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 9 of 12
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested
by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed
this instrument in quadruplicate, effective as of the date subscribed by the City's designated
City Manager.
CITY OF FORT WORTH Contract Compliance Manager:
By signing, I acknowledge that I am the
Jesus J. Chapa person responsible for the monitoring and
Assistant City Manager administration of this contract, including
Date: z ensuring all performance and reporting
requirements.
Recommended by:
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M,al h-�O—
Wendy Chi-Babulal,EMBA, P.E. Name: Janie Morales
Development Engineering Manager Title: Development Manager
W1 r nt
ilz� Doug sig, P.E.
Direc o
Transportation &Public Works Department
Approved as to Form & Legality:
Richard A. McCracken 7
Assistant City Attorney
M&C No. —�C- QS22
Date: -1 17 O�FORTS
Form 1295: 2-pi-7 19 ZSS5 _ A. ®�
A
�� •. ps�• OFFICIAL RE
J. Kayser CORD
City Secretary CITY SECRETARY
FT. woRTN, TX
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 10 of 12
DEVELOPER
Commerce Construction Co.,L. P.,
Fort Worth Everman/Risinger Development LLC, a California limited partnership
a Texas limited liability company
By: Commerce C&R,Inc.
By:Majestic—Everman Investor,LLC A California Corporation,its
a Delaware limited liability company,its General Partner
Managing Member
By:Majestic Realty Co.,
a California corporation, me: Edward P. Roski, Chief Executive
Manager's Agent Officer
Date: 7/;2("'t'I
ATTEST: (Only if required by Developer)
game: Edward P. Roski
Title: President and Chairman of the Board Signature
Name:
Date: :zAin ZA:1
ATTEST: (Only if required by Developer) Date:
Signature
Name:
Date:
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date: 01.22.2017
Page 11 of 12
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On July 262017, before me, Laurie Jenkins, Notary Public,
personally appeared Edward P. Roski, Jr., who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
0
LAURIE JENKINS
Commission#t 2077754
Notary public-California z
Z 'r LOS Angeles County D
My Comm.Ex UeS Sag 10,2018
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
0Location Map
❑. Exhibit A: Water Improvements
❑ Water Cost Estimate
❑'. Exhibit A-1: Sewer Improvements
❑i Sewer Cost Estimate
M' Exhibit B: Paving Improvements
M Paving Cost Estimate
Exhibit B-1: Storm Drain Improvements
®' Storm Drain Cost Estimate
Exhibit C: Street Lights and Signs Improvements
®' Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-West Everman Parkway
CFA Official Release Date:01.22.2017
Page 12 of 12
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Opinion of Probable Construction Cost
Project: ISouthland Business Park
Date: 3/8/2017
Title:
W. Everman Parkway(Between QT West Property Line and Cameron Hill Point)
I(NCO-1-2-TO-TWILT-PO-BOP(110))
Item No. Item Description Unit Quantity Unit Price Cost
1 10241.0402 Remove Asphalt Drive SF 5,200 $3.67 $ 19,084.00
2 13110.0102 6"-12"Tree Removal EA 3 $585.86 11 $ 1,757.58
3 10241.3401 Remove 4'Storm Junction Box EA 1 $1,200.00 $ 1,200.00
4 0241.3016 Remove 27"Storm Line LF 32 $50.00 1 $ 1,600.00
5 10241.3014 Remove 21"Storm Line LF 10 $19.81 $ 198.10
6 13123.0101 Unclassified Excavation CY 6,100 $8.35 $ 50,935.00
7 13125.0101 SWPPP >_ 1 acre LS 1 $7,500.00 $ 7,500.00
8 13213.0104 9"Conc Pvmt SY 5,615 $65.00 $ 364,975.00
9 13211.0502 8"Lime Treatment SY 5,896 $3.33 $ 19,632.85
10 3211.0400 Hydrated Lime(48 Ibs/SY) TN 141 $150.43 $ 21,285.54
11 3213.0301 4"Conc Sidewalk SF 15,700 $3.94 $ 61,858.00
12 13471.0001 Traffic Control LS 1 $12,500.00 11 $ 12,500.00
13 13441.3501 Salvage Street Light'Pole EA 2 $3,480.00 $ 6,960.00
14 3441.3201 LED Lighting Fixture EA 6 $6,500.00 $ 39,000.00
15 13213.0501 Barrier Free Ramp,Type R-1 EA 2 $1,141.12 $ 2,282.24
16 13217.0001 Pavement Markings LS 1 $10,000.00 1 $ 10,000.00 11
17 13291.0100 Topsoil CY 912 $4.10 1 $ 3,737.83
18 13292.0400 Seeding, H dromulch SY 9,051 $1.57 $ 14,209.37
19 13349.6002 15'Recessed Inlet EA 1 $5,400.00 $ 5,400.00
20 3349.6001 10'Recessed Inlet EA 1 $2,863.48 $ 2,863.48
21 13349.0001 4'Storm Junction Box EA 2 $3,848.49 $ 7,696.98
22 13341.0208 27"RCP, Class III LF 49 $50.16 $ 2,457.84
23 3341.0205 24"RCP,Class III LF 251 $45.05 $ 11,307.55
24 3341.0201 21"RCP, Class III LF 16 $41.53 $ 664.48
25 13305.0109 Trench Safety LF 316 $7.85 $ 2,480.60
Subtotal(W.Everman Parkway) $ 671,586.45
Engineering(8%)&Surveying (5%) $ 87,306.24
15%Contingency $ 100,737.97
Inspection&Material Testing Fees(6%) $ 40,295.19
W.Everman Parkway Total $ 899.925.84
Notes:
1. Upon final approval from City Staff, W.Everman Parkway construction documents will be public bid,the unit prices provided are based on
Amended Unit Price Bid Items-April 2014'.
❑ No Design Completed
Q Preliminary Design
❑ Final Design
The Engineer has no control over the cost of labor,materials,equipment,or over the Contractor's methods of determining prices or over competitive
bidding or market conditions.Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only
the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals,
bids,or actual construction costs will not vary from its opinions of probable costs.
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CFA PROJECT QUANTITY MATRIX
W.EVERMAN PARKWAY(PUBLIC PAVING IMPROVEMENTS)
ITEM TOTAL UNIT PRICE ITEM TOTAL COST
ITEM NO. BID ITEM UNIT
1 10241.0402 Remove Asphalt Drive SF 5,200 $ 3.67 $ 19,084.00
2 13110.0102 6"-12"Tree Removal I EA 31$ 585.86 1$ 1,757.58
3 0241.3401 Remove 4'Storm Junction Box FA 1 $ 1,200.00 $ 1,200.00
4 10241.3016 Remove 27"Storm Line LF 32 $ 50.00 $ 1,600.00
5 10241.3014 Remove 21"Storm Line LF 10 $ 19.81 $ 198.10
6 3123.0101 Unclassified Excavation CY 6,1001$ 8.35 1 $ 50 935.00
7 13125.0101 SWPPP >_1 acre LS 1 $ 7,500.00 1 $ 7,500.00
8 13213.0104 9"Conc Pvmt SY 5,615 $ 65.00 $ 364,975.00
9 13211.0502 8"Lime Treatment SY 5,8961 $ 3.33 $ 19,632.85
10 13211.0400 Hydrated Lime 48 lbs/SY TN 1 141 $ 150.43 1 $ 21,285.54
11 3213.0301 4"Conc Sidewalk SF 15,700 $ 3.94 $ 61,858.00
12 3471.0001 Traffic Control LS 1 $ 12,500.00 $ 12,500.00
13 3213.0501 Barrier Free Ramp,Type R-1 EA 2 $ 1,141.12 $ 2,282.24
14 3217.0001 Pavement Markings LS 1 $ 10,000.00 $ 10,000.00
15 3291.0100 Topsoil CY 912 $ 4.10 $ 3,737.83
16 3292.0400 Seeding,H dromulch SY 9,051 $ 1.57 $ 14,209.37
UNIT TOTAL $ 592,755.52
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CFA PROJECT QUANTITY MATRIX
W.EVERMAN PARKWAY(PUBLIC STORM IMPROVEMENTS)
ITEM TOTAL I UNIT PRICE ITEM TOTAL COST
ITEM NO. BID ITEM UNIT
1 13349.6002 15'Recessed Inlet EA ll $ 5,400.00 1$ 5,400.00
2 3349.6001 10'Recessed Inlet EA 1 $ 2,863.48 1$ 2,863.48
3 3349.0001 4'Storm Junction Box EA 2 $ 3,848.49 $ 7,696.98
4 3341.0208 27"RCP,Class III LF 49 $ 50.16 $ 2,457.84
5 3341.0205 24"RCP,Class III I LF 1 251 $ 45.05 $ 11,307.55
6 3341.0201 21"RCP,Class III LF 16 $ 41.53 $ 664.48
7 3305.0109 Trench Safety LF 316 $ 7.85 $ 2,480.60
UNIT TOTAL $ 32,870.93
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CFA PROJECT QUANTITY MATRIX
W.EVERMAN PARKWAY(PUBLIC LIGHTING IMPROVEMENTS)
ITEM TOTAL UNIT PRICE ITEM TOTAL COST
ITEM NO. BID ITEM Unit
1 3441.3501 Salvage Street Light Pole EA 2 $ 3,480.00 $ 6,960.00
2 3441.3201 LED Lighfing Fixture EA 6 $ 6,500.00 $ 39,000.00
UNIT TOTAL $ 45,960.00
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT Wb RT II
COUNCIL ACTION: Approved on 5/9/2017-Ordinance No. 22709-05-2017
REFERENCE ** 06EVERMAN PKWY- ILA AND
DATE: 5/9/2017 NO.: C-28224 LOG NAME: CFA WITH CITY
PARTICIPATION
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of
$500,000.00, Authorize Execution of a Community Facilities Agreement with Fort Worth
Everman/Risinger Development, LLC, in the Amount of$812,620.00 for the Construction
of West Everman Parkway from Cameron Hill Point to Sheridan Road,with City
Participation in an Amount Not to Exceed $500,000.00 and Adopt Appropriation
Ordinance (COUNCIL DISTRICT 8)
RCVumMtNUAI 1UN:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with Tarrant County to accept$500,000.00 for the
construction of Everman Parkway between Cameron Hill Point and Sheridan Road;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Southland Business Park CFA Project of the Intergovernmental Contribution Fund in the amount of
$500,000.00; and
3. Authorize the execution of a Community Facilities Agreement with Fort Worth Everman/Risinger
Development, LLC, in the amount of$812,620.00 for the construction of West Everman Parkway from
Cameron Hill Point to Sheridan Road,with City participation in an amount not to exceed $500,000.00.
DISCUSSION:
This Mayor and Council Communication authorizes the execution of a Community Facilities Agreement
(CFA)with Fort Worth Everman/Risinger Development, LLC,the developer of Southland Business Park
Block 1, Lot 1 (Developer)which is generally located at the southeast corner of Everman Parkway and
Cameron Hill Point. The project includes the construction of the southern lanes of Everman Parkway from
their existing terminus just east of Sheridan Road for approximately 1,600 feet to the west to Cameron Hill
Point. Of that section of Everman Parkway, only 300 feet is along the frontage of the lot currently being
platted and developed. The remaining 1,300 feet fronts an undeveloped parcel owned by BEW
Development, LLC (BEW). The Developer is not required to construct the 1,300 feet fronting BEW s parcel
as a condition of development for Southland Business Park but has coordinated with the BEW to dedicate
the right-of-way necessary for that portion of Everman Parkway. The Developer has also coordinated with
Tarrant County for the County to provide$500,000.00 of construction funding for that portion of Everman
Parkway. The Developer will publicly bid and provide initial funding for the roadway construction while the
City will use the County funds to reimburse the Developer up to $500,000.00 for the construction.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24597&councildate=5/9/2017 8/4/2017
M&C Review Page 2 of 2
Project Expenditures:
Item Developer Cost City Cost Total Cost
Estimated Construction Costs $171,587.00 $500,000.00 $671,587.00
Material Testing and Inspection
Fees $40,295.00 0 $40,295.00
15 Percent Contingency $100,738.00 0 1 $100,738.00
Total Project Cost $312,620.00 $500,000.00 $812,620.00
In accordance with Section (V)(1)(C)(4)(E) of the CFA Policy, the Director of Transportation and Public Works
has determined that the Developer will not be required to construct the remaining portions of West Everman
Parkway from Cameron Hill Point west to the MK&T Railroad tracks (Phase 2). The City will administratively
execute a development agreement with the Developer and Hickman Family Limited Partnership for the future
construction of Phase 2 of Everman Parkway. The development agreement will require dedication of the
right-of-way for Phase 2 of Everman Parkway as well as right-of-way located to the west of the MK&T
Railroad tracks. The development agreement will further provide that a final plat for Southland Business Park
Addition, Block 1, Lots 2, 3, 4, 5 or 6 shall not be approved by the City until a CFA is executed with the City
for the construction of Phase 2 of Everman Parkway.
This development is located COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and receipt of funds
from the County, appropriations will be available in the current capital budget, as appropriated, of the
Intergovernmental Contribution Fund.
TO
Fund Department Account Project I Program Activity Budget Reference# I Amount
ID ID Year (Cha!giield 2)
FROM
Fund Department Account Project Pogra
rm Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: DJ Harrell (8032)
Julie Westerman (2677)
ATTACHMENTS
06EVERMAN PKWY- ILA AND CFA WITH CITY PARTICIPATION 39008 A017.docx
Form 1295 for MC.pdf
MC Map for Southland Business Park ILA and CFA (5).pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24597&councildate=5/9/2017 8/4/2017
C-28224 C
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-192359
Fort Worth Everman/Risinger, LLC
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/13/2017
being filed.
The City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
100880
construct and expand West Everman Parkway to a 4 lane divided road from Sheridan Road to Cameron Hill Point
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
Fort Worth Everman/Risinger Development LLC Fort Worth,TX United States X
Middletonn,Brandon Fort Worth,TX United States X
Olson, Marcella Fort Worth,TX United States X
i
5 Check only if there is NO Interested Party.
i
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Lori Lynn Loftis
Commission Expires
Signature of authorized agent of contracting business entity
F �
05-21-2017
AFFI
Sworn to and subscribed before me,by the said "��� V�� 1�� -� ` this the � � day of {� l
20-9-1
to certify which,witness my hand and seal of office.
Signature of cer administ oath Printed name of cer administering oath Title of officer 4 ministering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0783
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