HomeMy WebLinkAboutContract 37435CJ + y�=�'RETARY
CONTP,CT NO. ��
AN AGREEMENT BETWEEN
TEXAS CHRISTIAN UNIVERSITY
AND THE CITY OF FORT WORTH
THIS AGREEMENT is made and entered into this J -Aay of J , 2008, by and
between the City of Fort Worth, a home rule municipal corporation situated in Tarrant and
Denton and Wise Counties, Texas (hereinafter referred to the "City") acting by and through its
July authorized Assistant City Manager and Texas Christian University, situated in Tarrant
County, Texas (hereinafter referred to as "TCU") acting by and through its duly authorized Vice
Chancellor.
WHEREAS, on January 19, 2006, the City Council of Fort Worth adopted Mayor &
Council Communication No. G-15065 authorizing the City Manager to nominate the West
Berry -Grand Marc Sustainable Development Project ("Project") for the North Central Texas
Council of Governments ("NCTCOG") Sustainable Development Program ("Program") for
streetscape improvements including sidewalks, trees, landscaping, and street lights along West
Berry Street; and
WHEREAS, the Sustainable Development Program is an initiative of the Regional
Transportation Council (RTC) to improve regional air quality, mitigate growing traffic
congestion, and address long-term transportation funding constraints, which provides funding for
transportation projects that support private mixed -use development within a pedestrian and/or
rail transit environment; and
WHEREAS, on February 24, 2006, NCTCOG nominated the City of Fort Worth to
receive funding reimbursement in an amount up to $2,400,000 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
Council Communication No. G-15244, authorizing an Interlocal agreement with the NCTCOG
foI the Project; and
the
WHEREAS, the Interlocal Agreement requires that the City of Fort Worth will serve as
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
epdevelopment
the overall land use conct and of the Project
1
scope as presented and applied for to the RTC; endorses the Project scope; confirms the
participation of a private sector partner in TCU; and approves the Project timing; and
WHEREAS, the City of Fort Worth will fund or pass through funds from the private
sector for a local match of 20 percent ($600,000) of the total project cost ($3,000,000). 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 completion of the Project; and
WHEREAS, on December 4, 2007, the City Council adopted Mayor &Council
Communication No. G-15992 authorizing the City Manager to enter into an Agreement with
TCU in support of the West Berry -Grand Marc Sustainable Development Project; and
WHEREAS, TCU has recently implemented pedestrian improvements around a newly
constructed Barnes and Noble Bookstore ("Bookstore Project") that are consistent with the West
Berry -Grand Marc Sustainable Development project; and
WHEREAS, The City of Fort Worth has agreed to designate appropriate agents to design
and construct streetscape improvements ("Streetscape Project") on West Berry Street from
University Drive to Waits Avenue;
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 West Berry -Grand Marc Sustainable Development
Project (hereinafter referred to as "Project" and as described below) for funding through the
North Central Texas Council of Governments Sustainable Development Program in the amount
of $2,400,000. For illustrative purposes, the Project includes three areas: Grand Marc Project,
Bookstore Project, and the Streetscape Project. The Grand Marc Project and the Bookstore
Project have already been constructed. The Project Areas are depicted in Exhibit A, attached and
incorporated into this Agreement.
Section 1.2 The entire West Berry -Grand Marc Sustainable Development Project will be
designed to be pedestrian friendly and to encourage an active neighborhood.
Section 1.3 TCU has installed and completed pedestrian amenities and improvements on
University Drive, West Berry Street, and Cockrell Avenue, including but not limited to
sidewalks, shade trees, lighting and a pedestrian plaza, as identified in the Bookstore Project:
Concept Plan in Exhibit B, attached and incorporated into this Agreement.
Section 1.4 The City will design and reconstruct West Berry Street from Waits Avenue to
University Drive, ("Streetscape Project") including the intersection of West Berry and
University, based upon the project description and illustration in the Streetscape Project: Concept
Plan in Exhibit D, when possible, attached and incorporated into this Agreement.
SECTION 2.
FUNDING
Section 2.1 Total funding for the Project shall be $3,000,000, to include $2,400,000 from the
North Central Texas Council of Governments and a 20% in -kind and monetary local match of
$199,470 from TCU, and $400,530 from the Grand Marc Enhanced Community Facilities
Agreement as depicted on Exhibit E, attached, incorporated and made a part of this Agreement.
Section 2.2 On November 28, 2007, TCU provided verification of in -kind contributions
amounting to $139,101, as depicted in the Cost Estimate Totals in Exhibit C, attached,
incorporated and made a part of this Agreement. Upon execution of this agreement, TCU will
pay to the City the amount of $60,369. The combined total of the in -kind and cash contributions
amount to TCU's portion ($199,470) of the 20 percent local contribution as required by the
Program. The City will use the $60,369 amount in the design and construction of the Streetscape
Project.
Section 2.3 The City shall be responsible for all non-federal participation costs associated
with the Project, including any overruns in excess of the total grant award and any operating or
maintenance expenses.
Section 2.4 TCU acknowledges that the RTC reserves the right to remove funding from the
Project if it is no longer supported by both local partners. TCU 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, artwork, fountains,
installation and/or rehabilitation of sewer lines, utility relocation, parking garages, earthwork
necessary to raise proposed 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, sidewalks, shade trees,
landscaping, pedestrian/bicycle paths, transit stations and right of way or easements necessary
for transportation facilities. Such items must be (a) physically located within or along the limits
of the Project or (b) located within walking distance of the Project (1/2 mile depending on site
conditions), or (c) directly related to either the roadway or rail access necessary to make the
Project viable.
Section 3.1
SECTION 3.
GENERAL CONDITIONS
City shall not be responsible for the cost of any work associated with pedestrian
improvements around the TCU Barnes and Noble Bookstore, including but not limited to any
necessary permits, licenses or taxes incurred or required for the Bookstore Project.
Section 3.2 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
Term 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 performed by TCU include installation of sidewalks, shade trees,
lighting and a pedestrian plaza, as illustrated in the Concept Plan in Exhibit B and in the Cost
Estimate Totals in Exhibit C, both attached, incorporated and made a part of this Agreement.
Section 4.2
The work for the Barnes and Noble TCU Bookstore Project has been completed
before May 1, 2009. TCU shall not be required to pay any additional costs related to the Project
that exceed their $199,470 total contribution.
Section 4.3 TCU agrees that infrastructure has followed the administrative process and design
standards of the City of Fort Worth. If federal funds must be used for the remaining Streetscape
Project, the City supports the use of state and federal design guidelines.
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SECTION 5.
COORDINATION WITH CITY
Section 5.1 The City of Fort Worth Department of Planning and Development shall be the
primary contact and coordinator for the Project. City of Fort Worth shall make available to TCU
for use in performing services hereunder all data in City's possession relative to the Project.
SECTION 6.
TRANSFER OF AGREEMENT
Section 6.1 TCU shall not assign, sublet or transfer, in whole or in part, its interest in this
Agreement without the prior written consent of City.
SECTION 7.
TERMINATION OF AGREEMENT
Section 7.1 All terms, conditions and specifications of the Agreement shall be considered
material, and failure to perform any part of the Agreement shall be considered a breach of
Agreement. Should TCU fail to remedy any breach of Agreement within 14 days a$er written
notification to TCU 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 TCU 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, TCU shall immediately discontinue all services
and work 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 8.
INDEPENDENT CONTRACTOR
Section 8.1 TCU covenants and agrees that it has performed the work hereunder as
independent contractor, and not as an officer, agent, servant, or employee of City. TCU has had
exclusive control of and the exclusive right to control the details of the work performed on the
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Bookstore Project hereunder, and all persons performing same, and were solely responsible for
the acts and omissions of its officers, agents, employees, contractors, subcontractors, and
consultants; that the doctrine of respondent superior shall not apply as between City and TCU, its
officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall
be construed as creating a partnership or joint enterprise between City and TCU.
SECTION 9.
INDEMNITY AND INSURANCE
Section 9.1 Approval by City of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liability of TCU, its officers, agents, employees, contractors and
subcontractors for the accuracy and competency of the services performed under this Agreement,
including but not limited to surveys, designs, working 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
TCU's professional services or in the conduct of the duties listed in the Cost Estimate Totals
listed in Exhibit C.
Section 9.2 TCU 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 KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO TCU 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) TCU'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OF
TCU, 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
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY 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 TCU AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
Section 9.3 TCU agrees that all consultants hired by TCU to perform 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. TCU shall notify City within ten
(10) days of any modification or alteration to such Professional Liability Insurance.
SECTION 10.
RIGHT TO AUDIT
Section 10.1 TCU 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 books, documents, papers and records of TCU involving transactions relating
to this Agreement. TCU agrees that City shall have access during normal working hours to all
necessary TCU facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section.
Section 10.2 TCU further 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 books, documents, papers and records of such contractor, involving appropriate
work space, in order to conduct audits in compliance with the provisions of this section together
with subsection hereof. City shall give the contractor reasonable advance notice of intended
audits.
SECTION 11
NOTICES
Section 11.1 All written notices called for or required 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 delivery:
7
City:
Attn: Susan Alanis,
Director of Planning and Development
1000 Throckmorton
Fort Worth, Texas 76102
with a copy to:
Attn: City Attorney
City Attorneys Office
1000 Throckmorton
Fort Worth, TX 76102
Texas Christian University
Attn: Brian G. Gutierrez
Vice Chancellor for Finance and Administration
TCU Box 297041
Fort Worth, TX 76129
SECTION 12.
RULES AND REGULATIONS
Section 12.1 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 13.
SEVERABILITY
Section 13.1 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 14.
PARAGRAPH HEADINGS
Section 14.1 Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
Section 15.1
SECTION 15.
SUCCESSORS AND ASSIGNS
City and TCU each bind themselves, their successors and assigns, to the other
party to this Agreement and to the successors and assigns of each other party in respect to all
covenants of this Agreement.
Section 16.1
SECTION 16.
VENUE-LAW/APPLICABLE LAWS
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.
This Agreement shall be construed in accordance with the laws of the State of Texas
Section 16.2 The laws of the State of Texas shall govern this Agreement and relationship
created hereby.
SECTION 17.
GOVERNMENTAL POWERS
Section 17.1 It is understood that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers.
SECTION 18.
EXHIBIT LIST
The following exhibits are hereby incorporated into this Agreement:
Exhibit A: Project Limits
Exhibit B: Bookstore Project: Concept Plan
Exhibit C: Bookstore Project: Cost Estimate Totals
Exhibit D: Streetscape Project: Concept Plan
Exhibit E: Funding Contribution
0
IN TESTIMONY WHEREOF, City of Fort Worth has caused this instrument to be signed in
triplicate in its name and on its behalf, by its Assistant City Manager and attested by its City
Secretary and also has properly executed this instrument in triplicate copies each of which is
deemed an original.
EXECUTED in the City of Fort Worth, this _ 1 �� h day of 2008.
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
By:
Melinda Ramos
Assistant City Attorney
TEXAS CHRISTIAN UNIVERSITY
By:
Vice Ch
f Finance and Administration
ATTEST:
By:
Marty Hendrix
City Secretary
APPROVAL RECOMMENDED:
By:
Susan Alanis
Planning and Development Director
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Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
PROJECT LIMITS
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Location of Grand Marc
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Project limits are approximate and illustrative only. This data is to be used for a graphical
representation only. The accuracy is not to be taken/used as data produced for engineering
purposes or by a registered professional land surveyor. The City of Fort Worth assumes no
responsibility for the accuracy of said data.
The Project includes three areas of pedestrian and streetscape improvements.
1. Grand Marc Project: Pedestrian and sidewalk improvements have been constructed
around the Grand Marc building located on the block bounded by Bowie Street on the
north, Waits Avenue on the east, West Berry Street on the south, and Greene Avenue on
the west.
2. Bookstore Project: Pedestrian and sidewalk improvements have been constructed around
the TCU Barnes and Noble Bookstore building located along West Berry Street on the
south, Cockrell Avenue on the east, and University Drive on the west.
3. Streetscape Project: The remaining project will be designed and constructed along West
Berry Street from Waits Avenue to University Drive, including the intersection of West
Berry and University
Within the boundary areas, pedestrian improvements associated with the TCU Bookstore and
Grand Marc building have been completed.
11
EXHIBIT B
BOOKSTORE PROJECT: CONCEPT PLAN
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Within the concept plan area, the following improvements have been completed:
Pedestrian amenities including sidewalks, benches, shade trees, lighting, and a pedestrian plaza
12
EXHIBIT C
BOOKSTORE PROJECT: COST ESTIMATE TOTALS
Description
G90
Si[e Preparation
Barnes &Noble ROW
Texas Christian University
Novemtrer 28, 2007
Takeoff sty Un1t Cost Amount
G1070 Demolition
G10f0.00f DemolRion
046 Damo Paving -Concrete 5,060.00 sf 0.873 /sf 5,2B4
050 Demo WaUcs 3,800.00 s( 0.594/sf 2,138
055 Demo Curb 800.00 It 9.70 !If 7,758
Gf0f0.001 Demdrllan i5,1B0
G1010 Demalltlon 15,18D
G1020 Earthwork
G7020.00f Earihwcvk
c100 Rough Grade to +!- 0.10' 9,000.00 sf b.524/sF 4,716
010 Flnish Grade io +l- 0.10' 9,000.00 sf 0.21 !sf 1,886
�G1020.001 Earlhwak 6,602
G7020 Earthwork 8,602
G90 Siie Preparation 2i,782
G20 Site Improvements
G2010 Slle Paving & Hardscapa
G2011.000 SXe Cancrefe
c030 Concrete Apprcach at Cockrell 1,379.00 sf 8.8121sf 9,393
c030 Concrete Approach ei S University 488,00 sF 6.B72/sf 3,31i
c004 Curb & Guller - 24' Af-CITY 800.OD H 19.7A3 Af 15,794
03D HC Ramps 7.00 ea 291.103/ea 2,038
c025 Eldg Stdawalks 4,779.00 sf 4,66 !ef 22,259
c025 Premium for 12' concrete bends 130.00 If 1.75 Af 227
c025 Premium torSlalning Wa& 821.00 sf 1.281 /sf 785
c026 Concrete subbase for Pavers 2,692.00 sf 4.66 /sf 12,53E
075 Checkered Plete Plume -cover &frame 156,00 sf 47.44 (sf 7,40D
G20t f.000 SNe Corrcre(e 73,768
G2013.000 Pavers
100 Pavers 2,692.00 sf 6.88 fsf 18,513
100 PeverPlanierEdgeBand 62D.00 if 8.90 /If 5,518
G2013,000 Pavers 24,030
G2010 Site Paving 8 Hacdscape 87 787
G2020 Slta t.andscaping
G2D20.000 Landacaptng
024 8'-Crape Myrtle 7.Q0 ea 180.484 fee 1,263
032 3"CallperTree-t.iveOak 3.00 ea 525.8B3/ea 1,578
032 3" Caliper Tree•Cedar Elm 6.D0 ea 485.43 /ea 2,427
150 Tree SiekingrWrappfng 15.00 ee 23.28/ea 349
D12 Irdgatfon Pop•up Heads w/ptptng 74.OD hds $q,043/hds 4,739
012 Irdgation Elechic Valve 8 ecx 8.Q0 ea 291.1021ea 1,747
090 4"PVC Pipe Sleeves 180.00 IF 6.99 /If 1,118
Clly ROW 1t-28-07.pee Page 1 Beck -Copyrighted
EXHIBIT C (coast.)
BOOKSTORE PROJECT: COST ESTIMATE TOTALS
Barnes & Nobie ROW
Texas Christian University
Novemher28,2007
Item pescriptton Takeaffgty Unit Cost' Amount
G2020.000 Landscaping
100 Place Topsoil 220.00 cy 6.8221cy 1,281
110 Haul•In Topsoil 220,00 cy 18.631 !cy q,099
G2020.000 Landscaping 18, 601
G2020 Site landscaping 18,601
G2060 Slte Special Construction
G2065.000 Site SWclures
040 Rebcafe Bus Stop Shelter 1.00 ea 931.53 !ea 932
G2065.000 S!✓e Slrucrures 832
G2050 Site Specral Construction � � 932
�ZO Slle Improvements 417,319
Estimate Totals
Description Amount Totals Rate Cost ner Unit Percent of Total
139,101 139,101 4.3d1 1SF 700.00 100.00'ya
Total 939,109 4.349 /SF
CI1yROW 11-28-07.pee
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EXHIBIT D
STREETSCAPE PROJECT: CONCEPT PLAN
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Project Description: This Project will be designed to enhance the streetscape of West Berry
Street to complement the Berry/LTniversity Urban Village and the Texas Christian University
campus. These street enhancements will extend Phase One of the Berry Street Project (a street
reconstruction project on West Berry Street from Waits Avenue east to forest Park Avenue) to
include three blocks between University Street and Waits Avenue, improvements along
University Drive to Bowie Street, and serve the Grand Marc development project and Texas
Christian University campus. Construction was completed on Phase One between Waits Avenue
and Forest Park Avenue in 2007.
The Project area on West Berry Street is currently asix-lane arterial with no median or
landscaping. These three blocks will be designed to comply with the vision of the Berry Street
Revitalization Plan, and will follow the design elements as established in the Construction
Documents for Phase One. The design elements include articulated intersection designs,
landscaped medians, widened sidewalks, on -street parking, landscaping along the street's edge,
and street furniture.
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EXHIBIT E
FUNDING CONTRIBUTION
Proiect Funding Sources
Cash In -Kind Total
Sustainable Development $2,400,000 $0 $2,400,000
Program
Texas Christian University $60,369 $139,101 $199,470
Grand Marc ECFA $ 0 $400,530 $400,530
TOTAL FUNDS $2,460,369 $539,631 $3,000,000
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Page 1 of 2
City of Fort Worth, Texas
• � • • •
DATE: Tuesday, December 11, 2007
LOG NAME: 06SD WBERRYREV REFERENCE NO.: G-15992
SUBJECT:
Accept In -Kind and Monetary Contribution from Texas Christian University for the West Berry Street
— Grand Marc Sustainable Development Project, Authorize the Execution of a Developer Agreement
with Texas Christian University, Authorize Transfer of $377,009 from the New Development Fund to
the Grants Fund, and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Amend M&C G-15244 to accept $199,470 from Texas Christian University as in -kind contribution and
monetary funds;
2. Authorize the execution of a developer agreement with Texas Christian University;
3. Authorize the transfer of $377,009 from the 2004 New Development Fund to the Grants Fund to cover
the anticipated cost of streetscape improvements in the Berry/University intersection; and
4. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Grants Fund by $377,009.
DISCUSSION:
On January 19, 2006, (M&C G-15065) the City Council authorized the Planning and Development
Department to submit nominations for seven projects for funding through the North Central Texas Council of
Governments' (NCTCOG) Sustainable Development Program. On April 13, 2006, the Regional
Transportation Council approved funding in the amount of $2,400,000 for the West Berry Street -Grand
Marc Project. This grant amount requires a local match of $600,000, which brings the total project amount
to $3,000,000.
This project will extend streetscape enhancements to include the intersection of University Drive and West
Berry Street and three blocks of West Berry Street between University Drive and Waits Avenue.
Construction on Phase One has recently been completed on West Berry Street between Waits Avenue and
Forest Park Boulevard. The project location is currently asix-lane arterial with no median or landscaping.
These three blocks will be designed to comply with the vision of the Berry Street Revitalization Plan, and
will follow the design elements as established in the construction documents for Phase One. The design
elements include articulated intersection designs, landscaped medians, widened sidewalks, on -street
parking, landscaping along the street's edge, and street furniture.
On June 20, 2006, (M&C G-15244) the City Council accepted funds in the amount of $199,470 from Texas
Christian University (TCU) towards the local match requirement. Following the destruction of the TCU
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 8/14/2008
Page 2 of 2
bookstore by fire, TCU requested to provide their match amount as an in -kind contribution of right-of-way
improvements around the new bookstore. Although TCU's in -kind contributions exceed the required match,
some of those improvements, such as utility relocation, are not considered contributing improvements by
NCTCOG. Therefore, TCU has agreed to contribute in -kind improvements estimated at $139,101 and the
remaining $60,369 in monetary funds to meet the match requirement. The City Council also authorized a
Memorandum of Understanding or an Enhanced Community Facilities Agreement with TCU. City staff
believes it is more appropriate to execute a developer agreement with TCU to specify the conditions of the
in -kind and monetary contribution.
In that same M&C, the City Council adopted an appropriation ordinance of $3,000,000 for construction of
the West Berry Street project. Since that time, City staff and project consultants have identified a funding
shortfall of approximately $377,009 for improvements to the Berry/University intersection. This shortfall can
be funded by the 2004 New Development Fund set aside for urban villages.
Upon approval of this M&C, staff will execute a developer agreement with TCU to construct streetscape
enhancements in the right-of-way around the TCU Barnes &Noble bookstore. The in -kind contributions and
monetary funds will be combined in the amount of at least $199,470. The developer agreement will specify
streetscape enhancements including sidewalks and landscaping.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget as appropriated in the
New Development Fund and upon approval of the above recommendations, and adoption of the attached
appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grants
Fund.
TO Fund/Account/Centers
4 $377, 009.00
GR76 541210 022203110030
1 $139,101.00
GR76 488339 022203110000
GR76 541110 022203110040
$139,101.00
3 4 $377,009.00
GR76 472202 022203110000
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
3 $377, 009.00
C202 538070 179770040783
1 $139,101.00
GR76 488395 022203110000
GR76 541210 022203110010
$139,101.00
Dale Fisseler (x6266)
Fernando Costa (x8042)
Scott Bellen (x6942)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 8/14/2008