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