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Home My WebLink AboutContract 44744 (2)CITY SECRETARY Li/ �/�f corrmncrNo... .., . MEMORANDUM OF UNDERSTANDING BETWEEN SUN VALLEY INDUSTRIAL PARK, L.P. AND THE CITY OF FORT WORTH This Memorandum of Understanding ("MOU") is entered into by and between Sun Valley Industrial Park, L.P. ("Sun Valley"), and the City of Fort Worth ("City"), a Texas home -rule municipal corporation. City and Sun Valley may, be referred to herein individually as a "Party" or collectively as the "Parties." SECTION 1. Purpose of the MOU 1.1. Sun Valley and City wish to initiate and accelerate the design and construction of improvements to Marie Jones Road, Vesta Farley Road, and Kaltenbrun Road to accommodate expected increased traffic and to provide much -needed regional drainage improvements. Collectively these improvements represent a project with a cost estimate of approximately $3.2 million (the "Project"), as more fully describe in the attached Exhibit A. 1.2. As a result of its private development, Sun Valley has an obligation to design and/or construct $357,441.32 worth of improvements to the western one-half of Marie Jones Road, based on the rough proportionality analysis performed by City ("Rough Proportionality Amount"), as set out in the attached Exhibit B. Sun Valley agrees to provide City with an acceptable and accepted form of financial security simultaneous with execution of this MOU. This MOU contemplates the Project in its entirety, but recognizes that only the improvements to the western one-half of Marie Jones Road are Sun Valley's legal obligation. Sun Valley has no legal responsibility for the construction of improvements to the eastern one-half of Marie Jones Road, or any part of either Vesta Farley Road or Kaltenbrun Road, or their related regional drainage improvements. 1.3. This MOU represents the intent of the Parties, including their obligations and responsibilities, to take necessary steps to implement the Project and, failing that, represents the actions each party will then take. SECTION 2. Design 2.1. Sun Valley will engage a qualified design engineer to begin a design of the Project. Sun Valley's reasonable expenditures for the design costs incurred may be credited toward the Rough Proportionality Amount upon the presentment of the design engineer's invoices within two (2) years of the effective date of this MOU for formal design of the Project for review and approval by City within a period of sixty (60) days after the date of City's receipt of such design engineer's invoices. 2.2. City and Sun Valley intend to enter into a Design Procurement Agreement ("DPA") within two (2) years from the effective date of this MOU: for formal design of the Project. RECEIVE[) AIM 2 2 2013 SECTION 3. Construction 3.1 Sun Valley intends to provide funding for the construction of the Project with reimbursement for any amounts above the balance of the Rough Proportionality Amount to be provided by City via an Infrastructure Construction Agreement ("ICA"). 3.2 Sun Valley will cause construction of the Project under the terms of the ICA, as may be negotiated between the Parties. Sun Valley will publicly advertise and competitively bid the Project, as provided by City's Policy for the Installation of Community Facilities, Section 7. (B)(2), as amended. SECTION 4. Funding Responsibilities 4.1. It will be the responsibility of City to secure funding for the Project of which the Rough Proportionality Amount will be included. City intends to reimburse Sun Valley 100% of the actual design and construction costs incurred, less the Rough Proportionality Amount. 4.2 Failure by City to secure funding for the Project within two (2) years from the effective date of this MOU will not relieve Sun Valley of its rough proportionality obligation, as adjusted for Design or Construction expenditures incurred. 4.3 City shall provide reasonable notice to Sun Valley of!City's intent not to fund the Project, in which case Sun Valley may elect either to construct its obligations for the western one-half of Marie Jones Road or enter into a Future Improvements Agreement with City for payment of the Rough Proportionality Amount, less amounts spent for Design. 4.4 If, after receiving bids, City determines not to fund construction of the Project, Sun Valley may reject the bids associated with the Project. City's decision not to participate in the construction will not relieve Sun Valley from its Rough Proportionality Amount obligation or responsibility to construct the western one-half of Marie Jones Road and related regional drainage improvements. 4.5 Sun Valley will not be responsible for any costs associated with the design and construction of the Project in excess of the Rough Proportionality Amount. EXECUTED and EFFECTIVE as of the date last subscribed by a signatory below. APPROVED: CITY OF FORT WORTH Fernando Costa Assistant City Manager DATE: August 2/ , 2013 SUN VALLEY, L.P. : McGlothlin Equities, L.L.C. • eral Partner dra Mc othlin nager DATE: August/ 1 , 2013 -2- APPRO A L ' F OMNIEN JED: Douglas ersig Director, Transportation and Pu lic Works Department APPR D AS TO FORM AND LEGALITY: Douglas W. Black Assistant City Attorney AT iErl: Mary J. se City Secre ary -3- EXHIBIT A Description of the Project Project is for paving and storm drainage system improvements within Marie Jones Road (from David Strickland Road to Saunders Road), Vesta Farley Road (from Marie Jones Road to the west service road IH Loop 820), and Kaltenbrun Road (from Marie Jones Road to the west service road IH Loop 820). Improvements will include paving, curb and gutter, driveway approaches, curb inlets, and underground storm water pipe. Length of project is approximately 6,200 linear feet (Marie Jones Road — 1,800 linear feet, Vesta Farley Road — 2,200 linear feet, Kaltenbrun Road — 2,200 linear feet). EXHIBIT B Rough Proportionality Amount Project Marie -Jones Road Improvements Construct west half of collector street, 1,313 LF x 20 LF Concrete Pavement November 8, 2012 1IPaving and Drainage Bid Items Unit of Line No. Bid No. Description Measure Quantity Unit Price Amount 1 0241 Remove Existing Pvmt. SY 1459 $ 5.00 $ 7,295.00 2 3125.0101 SWPPP < 1 acre LS 1 $ 5,000.00 5 5,000.00 3 3211.0400 Lime (40#1SY) TN 61 $ 150.00 S 9,150.00 4 '3211.0502 8" Lime Treatment SY 3.064 $ 3.00 S 9,192.00 5 3212.0401 10" Concrete Pavement SY 2,918 $ 40.00 $ 116,720.00 6 7" Concrete Curb LF 1,313 $ 2.00 $ 2,626.00 7 3213.0301 4" Concrete Sidewalk SF 5,252 $ 3.50 $ 18,382.00 8 3213.0508 4' Barrier Free Ramp EA 6 $ 400.00 $ 2,400.00 ' 9 3217 Pavement Mar16ng r „ LS x 1 $ - 10 3291.0100 Topsoil w C'Y 162 $ 15.00 1 2,430.00 11 3292.0400 Seeding, Hydromujcl \ atex SY 0, 1,459 $ 0.50 S 729.50 12 3305.0106 Manhole Adjustment :"r; EA. " 1 $ 500.00 $ 500.00 ' 13 3305.0111 Water Valve Box Adjustment EA 3 $ 300.00 5 900.00 14 3305_0103 Exploratory Excavation of Existing Utilities EA 1 $ 500.00 $ 500.00 15 3341.0205 24" RCP, Class III LF 1,000 $ 55.00 $ 55 000.00 16 3305.0109 Trench Safety LF 1,000 $ 1.00 $ 1,000.00 17 3349 10' Inlet EA 5 $ 2 000.00 $ 10,000.00 18 ,' 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. EA 2 $ 500.00 $ 1,000.00 19 3471.0001 Traffic Control MO 4 $ 500.00 $ 2,000.00 20 Streetlights (for 1/2 of roadway) EA 3 $ 6,000.00 $ 18,000.00 Construction Subtotal = S 262,824.50 5% Minor Construction = $ 13,141.23 10% Construction Contingency = $ 26,282.45 21% Project Delivery = $ S5,193.15 Construction Total = S 357,441.32 EXHIBIT B Rough Proportionality Amount '24 BLO4`.K 1 :I a EXHIBIT B - FUTURE PAVING 111 23 LOTS 4-27, BLOCK 1 SUN VALLEY INDUSTRIAL PARK -2- ILILVILD 4LORTILL111 TOM F011.14E LOTS BLOCK 14 BLOCK17 1.1 I EU: 1313 V 10" CONC DVMT 20WITH 22 71 rualtnagrx 4 tuner SP. 12 20 2S 27 FVT.,RE LOT 22 114 114.149721.111 161-1/t, PO 22 OW TAUT OIL 1 — c. 40 74 47 20 NAPS101111511. SD Engineering, Inc. Slte Development Engineering re Dax 1157 Alado, TX 71408-1357 (817)441-14410 Fax (817)4414065 TEXAS REGISTERED ENGINEERING FIRM E-7843 TEXAS REGISTERED SURVEYING FIRM 10095150{)