The URL can be used to link to this page

Home My WebLink AboutContract 40550 (2)CITY OF FORT WORTH, TEXASCONTRACT NO. CITY SECRETARYDis 501, 1 �►C - 13i►171►[!1_ D ►I I m This AGREEMENT is between the City of Fort Worth, a Home -Rule Municipal Corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas ("CITY"), and Renaissance Square, LLC, a Texas limited liability company ("DEVELOPER"), for a PROJECT generally described as. The construction related to extending the southbound US 287 Frontage Road from the Berry/Vaughn exit ramp through the intersection and reconstruction of the intersection, signals and street lights Whereas, DEVELOPER has requested that CITY enter into a Local Project Advance Funding Agreement ("LPAFA") for Transportation Improvement Projects with the Texas Department of Transportation ("TxDOT") to cause; construction related to extending the southbound US 287 Frontage Road at the Berry/Vaughn exit ramp through the intersection d reconstruction of the intersection, signals and street li anghts and Whereas, DEVELOPER has agreed to be responsible for and to pay for all expenses incurred by the CITY that exceed the Federal/City contribution amount of $1,345,619.00 in connection with said LPAFA and to advance those funds to the City Now therefore, CITY and DEVELOPER agree as follows: Article I Developer Responsibilities DEVELOPER agrees to deliver to CITY and TxDOT all electronic and printed copies of the design documents, general notes, specifications, contract provision requirements, and related documentation concerning the PROJECT in a Microsoft Word or similar document. DEVELOPER will use TxDOT's document template. DEVELOPER will also provide a detailed design and construction time estimates including types of activities and starting May 2010 through September 2012 in the format required by TxDOT. All work will be performed in accordance with the Standard Specifications,for Construction and Maintenance of Hi h�ways, Streets and Brides adopted by the State of Texas and incorporated herein by reference, or special specifications approved by the State of Texas. Article II Developer Advance Payment to City Prior to or Contemporaneously with the execution of this Agreement, DEVELOPER shall deposit the sum of Three Hundred Twelve Thousand, Seven Hundred Thirteen Dollars and Zero Cents ($312,713.00) with CITY as DEVELOPER local payment of the estimated costs to complete the work under the LPAFA. The maximum Federal/City contribution for this project is One Million, Three Hundred Forty Five Thousand. Six Hundred Nineteen Dollars and Zero Cents ($1,345,619.00). OFFICIAL. RECURlj CITY SECRETARY -1- FT. WORTH, TX I The total project estimate cost is One Million, Six Hundred Fifty Eight Thousand, Three Hundred Thirty Two Dollars and Zero Cents ($19658,33100)6 If the actual costs exceed the total project estimated cost, CITY shall inform DEVELOPER and DEVELOPER shall, within 10 calendar days of the date of said notice, advance said additional funds to CITY or notify CITY, in writing, that it has determined that funding the additional cost is not in its best interest and terminate this Agreement. In the event DEVELOPER determines that funding the additional cost is not in its best interest, DEVELOPER shall so notify CITY, who shall then terminate the LPAFA with TxDOT. In either event, DEVELOPER agrees to reimburse CITY for any additional actual costs that CITY is required to reimburse TxDOT under the Master Advanced Funding Agreement existing between TxDOT and CITY. Article III City Responsibilities Contingent upon Receipt of Funds CITY shall have no duties to DEVELOPER unless and until all funds required of DEVELOPER, either at the time of the execution of this Agreement or otherwise, are deposited with the CITY. Article IV General Transfer or Assignment. No Party shall assign this Agreement or any of the rights or responsibilities hereunder without prior written approval of the other Party. CITY and DEVELOPER each bind themselves, and their lawful successors and assigns, to this Agreement. DEVELOPER, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the CITY. Venue and Jurisdiction. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. No Waiver of Immunity. It is expressly understood and agreed that, in the execution of this Agreement, the CITY does not waive, nor shall it be deemed to waive, any immunity or defense that would otherwise be available to it. Contract Construction. The Parties acknowledge that each Parry and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each Party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. Entire Agreement. This Agreement constitutes the entire agreement between Parties with respect to the subject matter of this Agreement and supersedes all prior oral or written -2- agreements. No amendment of this Agreement shall be effective unless agreed to in writing by all Parties. kul op1y. Each Party represents that it has full authority to enter into this Agreement, grant the rights and benefits herein described, and satisfy the obligations hereunder, without violating the rights of any third parties or breaching any agreements with third parties. Counterparts. The Agreement may be executed in any number of counterparts, each of which shall constitute an original. Sev% r-L ity. 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. Headings. The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below. City of Fort Worth Attn: William A. Verkest, P. E., Director Transportation and Public Works 1000 Throckmorton Street Fort Worth, Texas 76102 Renaissance Square, LLC Attn: Alfred C. Branch 303 W. Wall St., Suite 1500 Midland, TX 79701 -3- �h Executed in Fort Worth, Texas, this the day of , 2010: CITY OF FORT WORTH By: Fernando Costa, Assistant City Manager Recommended By: kest, P.E., Director & Public Works F Approved as to Form and L Amy J. Ramsey � � Assistant City Attorney DEVELOPER Renaissance Square, LLC, a Texas limited liability company: By: Moriah Renaissance Square, LLC, a Texas limited liability company and By: its managing member: C. Branch, President Authoriaatioa OFFiCi�� RECORD CITY SECRETARY FT. WORTH, TX -4- M&C Review Page 1 of 3 Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 6/22/2010 - Ord. No. 19200-06-2010 DATE: 6/22/2010 REFERENCE NO.. C-24292 LOG NAME. 17RS TURNAROUND NOW PUBLIC CODE: C TYPE: CONSENT HEARING. NO SUBJECT: Authorize Execution of Local Project Advance Funding Agreement the Texas Department of Transportation in the Amount of $1,526,089.00 for the Construction of the BerryNaughn Interchange on US Highway 287 (Southbound Frontage Road); Authorize Execution of Related Advanced Funding Agreement with Renaissance Square, LLC; Authorize Execution of Enhanced Community Facilities Agreement with Renaissance Square, LLC in the Amount of $199,120.00 for Design Work Associated with the Project; Accept Reimbursement of up to $26,409.00 from Texas Department of Transportation Following Completion of Project and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: (1) Authorize the execution of a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation in the amount of $1,526,089.00 for the construction of the BerryNaughn Interchange on US Highway 287 (Southbound Frontage Road); and (2) Authorize the acceptance of up to $26,409.00 from the Texas Department of Transportation after construction of the project in accordance with the Local Project Advance Funding Agreement and Texas Department of Transportation regulations; and (3) Authorize the execution of an Advanced Funding Ag_reem�nt with Renaissance Square, LLC to cover the City's matching obligations under the Local Project Advance Funding Agreement and a portion of the design work associated with the project; (4) Authorize the transfer in the amount of $199,120.00 from the 2004 CIP New Development Fund to the General Fund; and (5) Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund in the amount of $538,242.00 from available funds; and (6) Authorize the execution of an Enhanced Community Facilities Agreement with with Renaissance Square, LLC for design work associated with the project; and (7) Authorize an initial payment to the Texas Department of Transportation in the amount of $25,201.00. DISCUSSION: The Renaissance Square Project will be located on a 200 acre site of the former Masonic Home and School of East Fort Worth at the southwest corner of US Highway 287 and East Berry Street was presented to the City Council. Under an Economic Development Program Agreement between the City and Renaissance Square, LLC (the Developer) City Secretary Contract No. 39287, the Developer has committed to investing a minimum of $46 million to develop up to 500,000 square feet of retail/restaurant http://www.fortworthgov.org/council_packet/mc_review.asp?ID=13711 &councildate=6/22/2010 6/23/2010 M&C Review Page 2 of 3 5 space on 63 acres located at the northern portion of the 200 acre site. (M&C C-23400) Currently, the project is in the pre -development phase with construction activities to begin in the summer of 2010. The project is scheduled for completion by December 2012. The Texas Transportation Commission (Minute Order No. 111335 on April 24, 2008), authorized the Texas Department of Transportation (TxDOT) to extend the southbound frontage road from the BerryNaughn exit ramp through the intersection and plans for the reconstruction of the intersection, signals, and street lights. The proposed BerryNaughn exit ramp project is adjacent to the 200 acre Renaissance Square Project site (Project Site). In order to promote accessibility to Project Site, the Developer has requested the City to submit design plans to TxDOT for review and subsequent construction of the BerryNaughn exit ramp through a federally sourced Local Project Advance Funding Agreement (LPAFA) . The LPAFA requires a 20% local match. The BerryNaughn exit ramp total project cost utilizing the LPAFA is $1,526,089.00 which includes a required a 20% local match or $305,615.00. The estimated costs for right-of-way acquisition, utility relocation, and a portion of construction will be paid through the local match funds. Description R.O.W. Acquisition Utility Relocation Construction SUBTOTAL Direct State Cost TOTAL LPAFA Total Estimate 80 Percent Federal Cost Participation $16,224.00 $11367,070000 $11400,082400 $126,007.00 $1,526,089.00 $13,430.00 $12, 979.00 $11093,656.00 $11120,065,00 $100, 806.00 $11220,871000 20 Percent Local Participation $3,358.00 $3,245.00 $2737414.00 $280, 017.00 $257201.00 $305, 218.00 The Developer will fund the City's $305 615.00 local match requirement pursuant to an Advance Funding"`, Agreement between the City and the Developer. f The BerryNaughn exit ramp design work cost is $206,615.00. The City and Developer will enter into an Enhanced Commuinity Facilities Agreement for the design work, with the City funding $199,120.00 fro available Enhanced Community Facilities Bond funds and Developer funding the remaining $7,495.0 e 'The City will retain ownership of the design plans. City staff will manage the engineering design, right-of-way acquisition and utility relocation for this project. TxDOT will manage the construction of the Berry/Vaughn exit ramp project. Prior to construction, TxDOT will schedule public meetings and outreach for the project as necessary. Staff is recommending the execution of the Agreements described above and the acceptance of estimated funds from TxDOT. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers 2) GG01 451942 020XXXX 3) GG01 $26,409.00 $312,713.00 $199,120.00 $26,409,00 FROM Fund/Account/Centers 4)C202 538070 171779990100 7) GG01 539120 020XXXX 8) GG01 539120 020XXXX $206 $199,120.00 ,615.00 $25,201.00 http://www.fortworthgov.org/council�acket/mc_review.asp?ID=13711 &councildate=6/22/2010 6/23/2010 M&C Review Page 3 of 3 0) GG01 472202 020XXXX 5) GG01 539120 020XXXX $199,120,00 $538,242000 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Thomas Higgins (6192) Jay Chapa (5804) Dolores Garza (2639) Cynthia Garcia (8187) ATTACHMENTS 17RS TURNAROUND REVISED AO.doc Berry 287 Interchange Plan.pdf Shoppes (cD, Renaissance Square Site Plan 082108.pdf http://www.fortworthgov.org/council�acket/mc_review.asp?ID=13711 &councildate=6/22/2010 6/23/2010 Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $538,242.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING THE CONSTRUCTION OF THE BERRY/VAUGHN INTERCHANGE ON US HIGHWAY 287; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2009-2010 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the General Fund in the amount of $538,242.00, from available funds, for the purpose of funding the construction of the Berry/Vaughn Interchange on US Highway 287, SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No.18809 and all other ordinances and appropriations amending the same except in those instances where the provisions of Owl are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: ri a - �V - io i a - - - - -- z w _� =m of -�� - - - --LL < W Z w w ww w m rm ra a J C7 Po QP 0~ ti yo SINKLEY ST r T�T -Y- s R� M Zs xe, it arz cmox aeew PRELIMINARY SITE PLAN C _ Winkelmann - THE SHOPPES AT RENAISSANCE SQUARE Associates, Inc. �2 4dn FORT WORTH, TEXAS w.s