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HomeMy WebLinkAboutContract 34900Ci i `i ��CRETf�RI( ��NTRACT NO. DEVELOPER AGREEMENT WITH TRINITY BLUFF DEVELOPMENT, LTD. . fJ THIS AGREEMENT is made and entered into this � day of � 200 ,�by and between the City of Fort Worth, a home iule municipal coiporation sihiated in Tai7ant and Denton and Wise Counties, Texas (hereinafter referred to the "City") acting by and through its duly atrthorized Assistant City Manager and Trinity Bluff Developinent Ltd., a private corporation situated in Tai7ant County, Texas (hereinafter referred to as "Developer") acting by and through its duly authorized President. WHEREAS, on Januaiy 19, 2006, the City Council of Fort Worth adopted Mayor &Coinmunication No. G-15065 authorizing the City Manager to nominate the Triiuty Bhiff Stt�eetscape Sti-eetscape Sustainable Development Project ("Project") for the North Central Texas Council of Govei7lments ("NCTCOG") Sustainable Development Program ("Prograin") for streetscape improvements including sidewallcs, trees, and street lights along Bluff Street, Pecan Street, Samuels Avenue, and Gotulah Street in Uptown Fort Worth; and WHEREAS, the Program is an initiative of the Regional Transportation Council (RTC) to improve regional air quality, mitigate growing traffic congestion, and address long-term transportation fiinding constraints and the Program provides funding for transportation projects that support private mixed-use development within a pedestrian and/or rail transit enviromllent; and WHEREAS, on February 24, 2006, NCTCOG nominated the City of Fort Worth to receive a grant in the amount of $1,050,900 through the Program for the Project; and WHEREAS, on April 13, 2006, the RTC selected the Project for funding through the Program; and WHEREAS, on June 20, 2006 the Fort Worth City Council approved Mayor and Cotuicil Communication No. G-15243, authorizing an Interlocal agreement with the NCTCOG for the Project and the execution of a community facilities agreement with Trinity Bluff Development, LTD; and WHEREAS, the Interlocal Agreement requires that the City of Fort Worth will serve as the lead Project contact and supports the overall land use concept and development of the Project scope as presented and applied for to the RTC; endorses the Project scope,� con�rms � the �� �, ��� � ;i �a _ ; i, � ,�(�7 i! i ,. -'] 1l II - , �:71 S . � `��.. �...,,� 2 �f� ^;' ^ l�lG �L�, �..i ���i r..L ti \ o 'J'J1.u1L� �u\�;a participation of a private sector partner in Trinity Bluff Development, Ltd; and approves the Project timing to be complete by May 1, 2009; and WHEREAS, the City of Fort Worth will fund or pass through funds from the private sector for a local match of 20 percent ($262,725.00) of the total project cost ($1,313,625.00). The local cash match will be paid prior to the Notice to Proceed and will be reimbursed in its entirety when expenditures reach 80 percent of the Project total and 80 percent of the total Project cost will be reimbursed upon coinpletion of the Project; and WHEREAS, on October 31, 2006, the City Council adopted Mayor & Communication No. C-21807 authorizing the City Manager to enter into a Developer Agreement with Trinity Bluff Development, Ltd in support of the Trinity Bluff Streetscape Sustainable Development Project; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto do hereby covenant and agree as follows: SECTION 1. PROJECT Section 1.1 The RTC has selected the Trinity Bluff Streetscape Sustainable Development Project (hereinafter refei-�ed to as "Project" and as described below) for filnding through the North Central Texas Council of Governments Land Use/Transportation Venture Program in the ainount of $1,050,900. The Project Area is depicted in E�ibit A, attached and incorporated into this Agreement. Section 1.2 The Trinity Bluff Streetscape Sustainable Development Project has been designed to be pedestrian friendly and to encourage an active neighborhood. Plans for the Project include wide sidewallcs and easy access to nearby recreation areas including bicycle paths, jogging trails and the Trinity River coi-�idor and proposed Town Lalce. Specific attention has been paid to safety improvements such as enhanced street lighting, traffic calming devices, defined crosswalks with special paving patterns, bulb-out to nai7ow street crossing distances at intersections specially designed on-street parlcing. Street trees, landscaping and ir�igation will create an attractive environment for residents and visitors. ADA related improvements, benches, and trash receptacles will be designed to malce the area user friendly and accessible. � , ,:; ;. � �� : J, l �: 'v�� ��:J �� � , � �- � � �v��:� �,�1 !l J �J . ? , 5'� , t - _.�_ r Section 1.3 The Developer will install and complete Pedesh•ian amenities and improvements to Bluff Street, Pecan Street, Samuels Avenue, Gounah Street and Peach Street, including but not limited to sidewallcs, crosswall�s, benches, trash receptacles, shade trees, lighting and a pedestrian plaza, as listed in Exhibit B, attached and incorporated into this Agreement. SECTION 2. FUNDING Section 2.1 Total fiinding for the Project shall be $1,313,625.00, to include $1,050,900.00 from the North Central Texas Council of Govei-nments and a 20% cash local match of $262,725.00 from the Developer as depicted on Exhibit C, attached, incoiporated and made a part of this to this Agreement. Section 2.2 On June 20, 2006, Developer paid to the City the amount of $262,725.00 cash, the 20 percent local contribution as required by the Program Section 2.3 In addition to the local contribution of $262,725.00, the Developer shall be responsible for all non-federal participation costs associated with the Project, including any ovei7-uns in excess of the total grant award and any operating or maintenance expenses. Section 2.4 Developer acicnowledges that the RTC reserves the right to remove funding from the Project if it is no longer supported by both local partners. The Developer also acknowledges that the RTC reserves the right to remove funding from a project for which the local sponsor is unable or unwilling to sign a local match agreement to implement the Project. Section 2.5 Items for which the funding amount for this Agreement are not eligible include, but are not limited to: construction or rehabilitation of private buildings, artworlc, fountains, installation and/or rehabilitation of sewer lines, parlcing garages, earthwork necessaiy to raise pi•oposed buildings out of the floodplain, and other items not directly related to mobility. Section 2.6 Items for which the funding amount in this Agreement are eligible include, but are not limited to: roadways, intersection improvements, bus stops, sidewallcs, shade trees, landscaping, pedestrian/bicycle paths, transit stations and right of way or easements necessaiy for ri•ansportation facilities. Such items must be (a) physically located within or along the limits of the Project or (b) located within wallcing distance of the Project (1/2 mile depending on site conditions), or (c) directly related to either the roadway or rail access necessaiy to malce the Project viable. 3 SECTION 3. GENERAL CONDITIONS Section 3.1 City shall not be responsible for the cost of any worlc, including but not limited to any necessaiy permits, licensed or taxes incurred or required for the Project. Section 3.2 The Project area subject to the scope of services contained in this Agreement must at all times be kept free of inechanics and materialmen's liens. Section 3.3 Any improvements, additions, alterations and fixtures constructed, placed, or maintained on any part of the publicly owned spaces of the Project Area during the Agreement Teim are considered part of the real property of the Project Area and must remain on the Project Area, and title/ownership to all permanent improvements, additions, alterations and fixtures on the publicly owned spaces of the Project area shall vest in the City. SECTION 4. SERVICES PHASES AND SCHEDULES Section 4.1 The services to be performed by Developer shall include the scope of seivices listed in Exhibit B, attached, incoiporated and made a part of this Agreement. Section 4.2 The work for the entire project shall be completed on or before May 1, 2009. Developer shall be required to pay any additional costs related to the Project if the Project is not completed on or before May l, 2009. Section 4.3 The City and Developer will enter into a Community Facilities Agreement (CFA) before undertaking any work on the Project. Developer will not undertalce or cause to be undertalcen any worlc on the Project until the CFA and this Agreement have been executed by all parties and is in full force and effect. Developer hereby agrees to comply with all terms and conditions of any CFA and this Agreement with the City covering the Project. Section 4.4 The Developer agrees that infrastructure built with local funds will follow the adininistrative process and design standards of the City of Fort Worth. If federal funds must be used, the City supports the use of state and federal design guidelines. SECTION 5. COORDINATION WITH CITY Section 5.1 The City of Fort Worth Department of Planning shall be the primary contact and coordinator for the Project. City of Fort Worth shall malce available to Developer for use in performing services hereunder all data in City's possession relative to the Project. � ,-,���,��,�,, � i , ;�1����'::1�! �,��� J:�:,:>; �� ] i�s1�(',� jK;=''�Yi��l��1C�( �S7 � u U '-' � e> �': 6 u`-�� �1� � ��-' •' � �. aU �n ';ir';,`r I �r � .. .;'1.:4;�; ���a� SECTION 6. PROGRESS REPORT Section 6.1 City shall coordinate monthly meetings with Developer, and Developer shall submit quarterly progress reports to City in a format acceptable to the City. SECTION 7. TRANSFER OF AGREEMENT Section 7.1 Developer shall not assign, sublet or transfer, in whole or in part, its interest in this Agreement without the prior written consent of City. SECTION 8. TERMINATION OF AGREEMENT Section 8.1 All terms, conditions and specifications of the Agreement shall be considered material, and failure to perform any part of the Agreement shall be considered a breach of Agreement. Should Developer fail to remedy any breach of Agreement within 14 days after written notification to Developer of the violation, City may, at its option and in addition to any other remedies available to it under law, terminate the Agreement. The Agreement shall not be terminated, however, if Developer has commenced to cure the breach within said 14-day period, and thereafter pursues such cure with reasonable diligence and in good faith. Upon receipt of such notice of termination and after said 14-day cure period, Developer shall immediately discontinue all services and worlc and the placing of all orders or the entering into Agreements for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing agreements insofar as they are chargeable to this Agreement. SECTION 9. INDEPENDENT CONTRACTOR Section 9.1 Developer covenants and agrees that it will perform the worlc hereunder as independent contractor, and not as an officer, agent, servant, or employee of City. Developer shall have exclusive control of and the exclusive right to control the details of the worlc � perfoi-med hereunder, and all persons perfoiming same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractois, and consultants; that the doctrine of respondent superior shall not apply as between City and Developer, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enteiprise between City and Developer. SECTION 10. INDEMNITY AND INSURANCE Section 10.1 Approval by City of this Agreement shall not constitute or be deemed to be a release of the responsiUility and liability of Developer, its officers, agents, employees, contractors and subcontractors for the accuracy and competency of the services performed under this Agreement, including but not limited to suiveys, designs, worlcing drawings and specifications and other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by City for any negligent act, error or omission in the performance of Developer's professional services or in the conduct of the duties listed in the scope of seivices listed in Exhibit B. Section 10.2 DEVELOPER AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY I�IND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO DEVELOPER AND/OR DEVLOPER'S SUBCONTRACTOR BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PROJECT OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PR O VIDED FOR IN THIS PARA GRAPH SHALL NOT APPL Y TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARA TI i�EL Y IN A CCORDANCE WITH THE LA WS OF THE STA TE OF TEXAS. 0 �, Section 10.3 Developer agrees that all consultants hired by Developer to perfoi-m any work under this Agreement shall obtain Professional Liability Insurance in the minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. All insurance coverage shall be maintained until completion of the work by the consultant and shall not be canceled without prior written notice to City. A Certificate of Insurance shall be furnished to City prior to the consultant beginning work and contain the provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to City. Developer shall notify City within ten (10) days of any modification or alteration to such Professional Liability Insurance. SECTION 11. RIGHT TO AUDIT Section 11.1 Developer agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent boolcs, documents, papers and records of Developer involving transactions relating to this Agreement. Developer agrees that City shall have access during noimal worlcing hours to all necessaiy Developer facilities and shall be provided adequate and appropriate worlcspace in order to conduct audits in compliance with the provisions of this section. Section ll.2 Developer fui-ther agrees to include in all its subcontracts hereunder a provision to the effect that the subcontracting consultant agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent boolcs, documents, papers and records of such contractor, involving appropriate worlc space, in order to conduct audits in compliance with the provisions of this section together with subsection hereo£ City shall give the contractor reasonable advance notice of intended audits. SECTION 12 NOTICES Section 12.1 All written notices called for or requued by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand deliveiy: - z�'I : � �,; -� r r, .� �, a� i ^,',� ;ri�: i,i��9��� '�`� f'!' 7'v J�. ,�:. � v v�:J `•''J (;:' ;',� �,-�i:)' h` r'. �4 i L( `,,�'i L�:�, !i1� u �J Ila ,,.��,I�V';��`.����� (�iC✓�l� City: Attn: Fernando Costa, Director of Planning 1000 Throclallorton Foi�t Worth, Texas 76102 fviclz a copy to: Trinity Bluff Development, Ltd.: Attn: Thomas L. St�-uhs Trinity Bluff Development, Ltd. 2801 Bledsoe Fort Worth, Texas 76107 Attn: City Attorney City Attorney's Office 1000 Throcicmorton Fort Worth, TX 76102 SECTION 13. RULES AND REGULATIONS Section 13.1 This Agreement will be subject to all applicable federal, state and local laws, ordinances and rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances and �zoning regulations, as amended and all federal, state and local provisions and procedures in accordance with the Program. SECTION 14. SEVERABILITY Section 14.1 If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired_ SECTION 15. PARAGRAPH HEADINGS Section 15.1 Captions and headings used in this Agreement are for reference puiposes only and shall not be deemed a pat�t of this Agreement. SECTION 16. SUCCESSORS AND ASSIGNS Section 16.1 City and Developer each bind themselves, their successors and assigns, to the other parry to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. E'� SECTION 17. VENUE-LAW/APPLICABLE LAWS Section 17.1 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 Tai-�ant County, Texas or the United States District Court for the Northei7i District of Texas —Fort Worth. This Agreement shall be construed in accordance with the laws of the State of Texas Section 17.2 The laws of the State of Texas shall govei-�Z this Agreement and relationship created hereby. SECTION 18. GOVERNMENTAL POWERS Section 18.1 It is understood that by execution of this Agreement, the City does not waive or surrender any of its govei-nmental powers. SECTION 19. EXHIBIT LIST The following exhibits are hereby incoiporated into this Agreement: Exhibit A: Boundaiy Map Exhibit B: Scope of Services Exhibit C: Funding Contribution � � � '�'- � ���� ,;�-�, ',., tt J'.�i. ! l 1.:.�,��.,�..,� �'' � p:P� ';�; I J C�;., ,~,,iJ7 ! `�� � .. _ 9' . IN TESTIMONY WHEREOF, City of Fort Worth has caused this instrument to be signed in quintuplet in its name and on its behalf, by its Assistant City Manager and attested by its City Secretaiy and Trinity Bluff Development, Ltd. also has properly executed this instrument in triplicate copies each of which is deemed an original. I � EXECUTED in the City of Fort Worth, this ! � day of � 200�� CITY OF FORT WORTH By: / � !``�;;; C" �: Libby Watson Assistant City Manager APPROVED AS TO FORM AND LEGALITY : ' ►) � Melinda Ramos Assistant City Attoi7ley TRINITY BLUFF DEVELOPMENT, LTD. ( — By: T as L. Sti s, President Trinity Bluff Development, Ltd. ATTEST: By: Marty Hendi•ix City Secretary APPROVAL RECOMMENDED: BY �� �-aa� Fernando Costa Planning Director - y' �I �� Contract Au�.hariz�tio�. a.,..�..L�� �_�_<_W - ... � . � .� , ����� '';: � ;• � �:;�'��;��).`:�1 �r,';�v��:;:J �: .:,� �' 11 ;, ! � `�i � ' � ;s';'�' ;�� � �;2:. .:���'!: .� r"� t {�O' Si' ��i ���.�t .y ...,. .._� __ . .__ � � LEGEND � eowioaarwr_ � ecuionr,v wiE EXHIBIT A BOUNDARY MAP - - _ .. — . _L �vFsr weic-�iNm wv�e _ - " .\ ,.._�\ �_;.. \ \ ��.. �-_' i �'�. � ' _- .'S�0.E� ��` �\ \ ( ` ` � '.. . I I `- _ I ' � GQOJE \ \ �' `\ _ '- 1' _ ` _ �. % • _ �\ ,� � � � � y-; �� .Y �� � _ � �"' �. _ _._� 12-SfO�RYNOwFR \l t ��z --�' - . --_ �-- y -� �z m � 1 � . ��( _ � � � T � �� nw�n�F�uu� �. y,t =_ -- .. - � F. �.' � �,..� � � � �. - � -�hlti� � ,w�.m ._ �� / � -- �. . �����.— i •��l � � �:�. Muinr,Nviv .'— e�n��ivHrnar ` � � � . . 1 _ � 5 S�plG\ � �vuvK�., \ _�� AVFNU .— _ _ _ \ ��� � q' . � � �� . \ -(�,� 6�; � ro �(� �i ��� �\ � � \��\ � a� �� 6 �b.i ��� I�i. ,� � "; PIO,YEERSRLSi Z � � \ /> � � (t � f f.FA1FfFRY " � 'l �!� 1 • � \ � I �_ IA �,�.•� 44 �_� } ._ r-; `��,�.. ,�1�� �� � �� �� < _ ' ��S1�lf� . E . �' i � : ��� � � �� '� � Y�` � 1GSTORY�014'ER`k� /.- PROJECT AREA a Ir I 4'�, .gr�t�°" ��� �"vttoti��s � I � � � �.. c;`�'���'� ��ik � — II� � � �� � � � 3, �� .� ;y .� 7 � � , To�v �rwn�cs �itv � �� hN, , an.n'�Q ' � lsr `� f { Y j� � /�"\ � a �F _ � ku � � �. � ��.� \\� � � 1 i � � , � } .I 12.STORY w01VEk . � . GULF COLORADO & SAN�A FC RMlRO� "�, i�uirrzcx�P,riti ��, J 100 2G0 dC10 Fcet -� UPTOWN FORT WORTH/TRINITY BLUFF Within the boundary areas, the following improvements are proposed: • Pedestrian amenities including sidewalks, crosswalks, benches, trash receptacles, shade trees, lighting, and a pedestrian plaza. c. �� �`^• I;.,1 L �.'S �� c j� f, %�1 � _'�i ".;"t�l'�� ... �.��:;1%:�;.� �"1ii�,� '�;�' ' i;,;, ,�`,;,,+ �� J u �. � �; �1, � �r. s � ;7 � f �� .. � � ; 'i'����o __ �—__ _ . _�� EXHIBIT B SCOPE OF SERVICES Trinity Bluff Development, Ltd will commit to the following taslcs: Consh-uction of pedeshian amenities including but not limited to sidewallcs, crosswall�s, benches, hash receptacles, shade trees, lighting, landscaping and a pedestrian plaza. Trinity Bluff Streetscape— Bluff Street Description 1. Steel Edging 2. Planting mix (8 inches) 3. Top Soil (3 inches) 4. Lateral Sub-surface Drain Line (ADS 6" diameter N12) 5. 36" Inspection Tube (ADS 4" diameter) 6. Substuface Drainage Ring (ADS perforated w/sock 4" diameter) 7. Asian jasmine 8. Purple Wintercreeper 9. Blue Lirope 10. Bermuda Grass Sod 11. Tree Bubblers 12. Chinese Pistache 4" caliper (Container) 13. Shuil�ard Red Oak 4" caliper (Container) Quantit,y 175 36 15 1050 35 490 400 477 282 150 35 12 23 Trinity Bluff Streetscape— Pecan Street Description 1. Project Marker 2. Steel Edging 3. Planting inix (8 inches) 4. Top Soil (3 inches) 5. Lateral Sub-surface Drain Line (ADS 6" diameter N12) 6. 36" Inspection Tube (ADS 4" diameter) 7. Subsurface Drainage Ring (ADS perforated w/socic 4" diameter) 8. Asian jasnune 9. Blue Lirope 10. Bermuda Grass Sod 11. Tree Bubblers 12. Chinese Pistache 4" caliper (Container) 13. Shumard Red Oak 4" caliper (Container) Quantity 2 25 8 6 150 5 70 100 118 95 5 2 3 Unit Linear Feet Cubic Yards Cubic Yards Linear Feet Each Linear Feet SF SF SF SY Each Each Each Unit Each Linear Feet Cubic Yards Cubic Yards Linear Feet Each Linear Feet SF SF SY Each Each Each 12 Trinity Bluff Streetscape— Samuels Avenue Description l. Project Marker 2. Steel Edging 3. Planting mix (8 inches) 4. Top Soil (3 inches) 5. Lateral Sub-surface Drain Line (ADS 6" diameter N12) 6. 36" Inspection Tube (ADS 4" diameter) 7. Subsurface Drainage Ring (ADS perforated w/sock 4" diameter) 8. Asian jasmine 9. Blue Lirope 10. Bermuda Grass Sod 11. Tree Bubblers 12. Alee Elm 4" caliper (Container) 13. Drake Elm 4" caliper (Container) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 ll Description Quantity 1 60 18 11 360 12 168 240 474 130 12 8 3 Trinity Bluff Streetscape— Samuels Avenue Bicycle racks (surface mount) Lateral Sub-surface Drain Line (ADS 6" diameter N12) 36" Inspection Tube (ADS 4" diameter) Subsurface Drainage Ring (ADS perforated w/socic 4" dianleter) Ground Cover in tree well (30 — 1 gal. plants/h•ee well) Pond Cypress 4" caliper (container) Tree Bubblers Alee Elm 4" caliper (Container) Drake Elm 4" caliper (Container) Retail-Addtl. Concrete sidewallc fi•om ROW to Bldg. (7"wide area 2) Retail-Addtl. Brick band fi�om ROW to BLDG setback (7" wide area 2) Description Quantity 3 3412 95 1330 95 6 95 61 28 9931 2065 Trinity Bluff Streetscape— Gounah Street Pedestrian Wayfinding Sign (at Samuels) Lateral Sub-surface Drain Line (ADS 6" diameter N12) 36" Inspection Tube (ADS 4" diameter) Subsurface Drainage Ring (ADS perforated w/sock 4" diameter) Ground Cover in h•ee well (30 — 1 gal. plants/h•ee well) Tree Bubblers Shantung Maple 4" caliper (Container) Alee Elm 4" caliper (Container) Chinese Pistache 4" caliper (Container) Retail-Addtl. Concrete sidewalk from ROW to Bldg. (7"wide area 2) Retail-Addtl. Brick band fi•om ROW to BLDG setback (7" wide area 2) Quantity 1 1080 34 476 34 34 21 2 11 2239 350 Unit Each Linear Feet Cubic Yards Cubic Yards Linear Feet Each Linear Feet SF SF SY Each Each Each Unit Each Linear Feet Each Linear Feet SF Each Each Each Each LF LF Unit Each Linear Feet Each Linear Feet SF Each Each Each Each LF LF 13 1. 2. 3. 4. 5. 6. 7. 8. Trinity Bluff Streetscape— Peach Street Description Lateral Sub-surface Drain Line (ADS 6" diameter N12) 36" Inspection Tube (ADS 4" diameter) Subsurface Drainage Ring (ADS perforated w/sock 4" diameter) Ground Cover in tree well (30 — 1 gal. plants/tree well) Tree Bubblers Caddo Maple 4" caliper (Container) Alee Elm 4" caliper (Container) Chinese Pistache 4" caliper (Container) Quantity 420 20 280 20 20 21 2 11 Unit Linear Feet Each Linear Feet SF Each Each Each Each 14 Project Fundin� Sources Sustainable Development Program Trinity Bluff Development, Ltd. TOTAL FUNDS EXHIBIT C FUNDING CONTRIBUTION Cash $1,050,900 $ 262,725 $1,313,625 In-Kind $0 E� $0 Total $1,050,900 $ 262,725 $1,313,625 15 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/31/2006 - . __ . ,:, ,:. , . . . � . —,- - . _ . . -- ---� DATE: Tuesday, October 31, 2006 LOG NAME: 2206TRINITYBLUF REFERENCE NO.: **C-21807 SUBJECT: Authorize the Execution of a Developer Agreement with Trinity Bluff Development, Ltd. for the Trinity Bluff Streetscape Sustainable Development Project RECOMMENDATION: It is recommended that the City Council authorize the execution of a developer agreement with Trinity Bluff Development, Ltd. for the Trinity Bluff Streetscape Sustainable Development Project. DISCUSSION: On June 20, 2006, (M&C G-15243) the City Council approved the following items for the Project: 1. Adopted a resolution to enter into an interlocal agreement (ILA) with the North Central Texas Council of Governments (NCTCOG) for the Project; 2. Authorized the City Manager to accept Sustainable Development funds in the amount of $1,050,900 from NCTCOG; 3. Accepted funds from Trinity Bluff Development, Ltd. in the amount of $262,725 for the local match to the Grant Fund; 4. Authorized payment of $262,725 to NCTCOG in lieu of administrative fees and with the understanding that these funds will be reimbursed in full upon Project completion; and 5. Adopted an appropriation ordinance increasing the estimated receipts and appropriations in the Grant fund by $1,313,625. Upon approval of this M&C, staff will execute a developer agreement with Trinity Bluff Development, Ltd. to construct streetscape improvements including, sidewalks, benches, bollards, trash receptacles and landscaping for Phase I and Phase II of the Project and provide the developer with a notice to proceed. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: Logname: 2206TRINITYBLUF � � ,_ _: 2c l l �� � `J.1 � � ,t��lJl::!: t:��C;=�'J;�.�' � �� :,���,��r2 i !� � L' , ._, . . , � r ��� Page l of 2' The Finance Director certifies that this action will have no material effect on City Funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Libby Watson (6183) Originating Department Head: Fernando Costa (8042) Additional Information Contact: Randy Hutcheson (8008) Logname: 2206TRINITYBLUF Page 2 of 2