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HomeMy WebLinkAboutContract 39219CITY OF FOR WORTH, TEXAS CITY SECRETARY CONTRACT NO. 3qa La ADVANCE FUNDING AGREEMENT 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 Vista Crossroads I, Ltd., by GLC Vista Crossroads, LLC, its General Partner, by Scott Wolcott, President of GRANITE LAND COMPANY, its Member ("DEVELOPER"), for a PROJECT generally described as: The construction related to relocating the northbound exit ramp to Avondale Haslet Road and reconstruction of the northbound frontage road 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 the construction related to relocating the northbound exit ramp to Avondale Haslet Road and the reconstruction of the northbound frontage road; and Whereas, DEVELOPER has agreed to be responsible for and to pay for all expenses incurred by the CITY 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 construction time estimate including types of activities and starting October 2009 through April 2010 in the format required by TxDOT. All work will be performed in accordance with the Standard Specifications for Construction and Maintenance ofHighways, 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 Two Million, Four Hundred Fifty -Eight Thousand, Four Hundred Seventeen Dollars ($2,458,417.00) with CITY as payment of the estimated costs to complete the work under the LPAFA. - - If actual costs exceed the estimated costs, CITY shall inform DEVELOPER and o"71CtAL RECORD DEVELOPER shall, within 10 calendar days of the date of said notice, advance saidI iETrARY additional funds to CITY or notify CITY, in writing, that it has determined that funding the THE TX —1— RECEIVE© Sri 28 2009 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. 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 Party 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 parry 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 agreements. No amendment of this Agreement shall be effective unless agreed to in writing by all Parties. -2- Authori 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. Severability. 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 TM. ockmorton Street Fort Worth, Texas 76102 Granite Land Company Attn: Scott Wolcott, President 8950 Cal Center Dr., Suite 201 Sacramento, CA 95826 -3- UExecuted in Fort Worth, Texas, this the strday of , 2009: CITY OF FORT WORTH Fernando Costa Assistant City Manager Recommended By: William A. erkest, P.., Director Transportation & Public Works Approved as to Form and Legality: City Attorney .ontact Authorization C1IJ105 Date DEVELOPER Vista Crossroads I, LTD, by GLC Vista Crossroads, LLC, its General Partner, By GRANITE LAND COMPANY, its Member Scott Wolcott President 4 -4- M&C Review Page 1 of 2 �ifiCi�ii it% +3t I:�i@ 4.IEy OP €�flrC Vl«C"(:fl, .� CXc�.S ��?.:,:�,v..��'=�`",.°=�i�.--.�s:::��..-,�� :rma<.'/�z�.�,:�,�'.. �.��-�r.:�v;.�,�:.:.�._�n..�.u,?�='ti��as.;a.'��'�':.�✓✓r-r;�..;�>..:��,x..>.s:�c'��..�;�'--s,_-,�,.,--,�� COUNCIL ACTION: Approved on 9/1/2009 -Ord. No. 18779-09-2009 &Res. No. 3783-09-2009 DATE: 9/1/2009 REFERENCE C-23756 LOG NAME: 20AVONDALE HASLET EXIT NO.: RAMP &FRONTAGE ROAD CODE: C TYPE: CONSENT HEAR NG: NO SUBJECT: Authorize an Advanced Funding Agreement in the Amount of $2,458,417.00 with Vista Crossroads I, Ltd., by GLC Vista Crossroads, LLC, its General Partner, by Granite Land Company, its Member; Authorize an Interlocal Agreement with Tarrant County in the Amount of $100,000.00 and Adopt a Resolution Authorizing Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation in the Amount of $2,558,417.00 for Construction to Relocate the Northbound Exit Ramp to Avondale Haslet Road and Reconstruct the Northbound Frontage Road and Adopt Appropriation Ordinance - _ � _ � �rsr. .� RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Advanced Funding Agreement in the amount of $2,458,417.00 with Vista Crossroads I, Ltd., by GLC Vista Crossroads, LLC, its General Partner by Granite Land Company, its Member ; 2. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County in the amount of $100,000; 3. Adopt the attached resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation in the amount of $2,558,417.00 for the Texas Department of Transportation to relocate the northbound exit ramp to Avondale Haslet Road and reconstruct the northbound frontage road; and 4. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the General Fund by $2,558,417.00 from available funds; DISCUSSION: A developer, Vista Crossroads 1, Ltd., prepared design plans to relocate the northbound exit ramp to Avondale Haslet Road and to reconstruct the northbound frontage road. Vista Crossroads 1, Ltd., has requested that the City submit the plans to the Texas Department of Transportation (TxDOT) for construction. Texas Transportation Commission Minute Order No. 111552 authorizes TxDOT to relocate the northbound exit ramp to Avondale Haslet Road and to reconstruct the northbound frontage road and to prepare a Local Project Advance Funding Agreement with the City in the amount of $2,558,417.00. City staff prepared an Advance Funding Agreement with Vista Crossroads 1, Ltd., in the amount of $2,458,417.00 for reimbursement to the City for costs incurred under its Agreement with TxDOT. The Transportation and Public Works Department will be responsible for the collection of these funds. Since this roadway is on -system and will be a TxDOT asset, TxDOT will manage the construction project. http://apps. cfwnet.org/council�acket/mc_review. asp?ID=1203 0&councildate=9/1 /2009 10/5/2009 M&C Review Page 2 of 2 Tarrant County staff prepared an Interlocal Agreement with the City for reimbursement in the amount of $100,000.00 for costs incurred under the Agreements with Tx DOT and Vista Crossroads 1, Ltd. The Transportation and Public Works Department will be responsible for the collection of these funds. Prior to construction, TxDOT will schedule public meetings and outreach for the project as necessary. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. The Transportation and Public Works Department is responsible for collection and deposit of funds due to the City. TO Fund/Account/Centers 1 &3) GG01 488100 0203002 2&3) GG01 451XXX 0203002 GG01 539120 0203002 $2,458,417.00 $100,000.00 $2,558,417.00 Submitted for CitkManager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 3) GG01 539120 0203002 Fernando Costa (6122) William Verkest (7801) Jim Walker (8009) ATTACHMENTS 20AVONDALE HASLET EXIT RAMP -FRONTAGE ROAD AO.doc 20AVONDALEHASLET Resoiution.doc 20AV0N_ HASLETCONST.pdf $2,558,417.00 http://apps.cfwnet.org/council�acket/mc review.asp?ID=12030&councildate=9/1/2009 10/5/2009