HomeMy WebLinkAboutContract 57858 CSC No. 57858
DEVELOPER FUNDING
AGREEMENT FOR
CREOSOTE ROAD MEDIAN OPENING
ON HARMON ROAD
THIS AGREEMENT is by and between Presidia Village.LLC hereinafter referred to as
"Developer", and the City of Fort Worth, hereinafter referred to as"City".
WHEREAS, Developer, is the owner of land adjacent to Harmon Road at 9301 Harmon Road
located approximately 1,100 feet north Covey Drive within the City of Fort Worth,Tarrant County
Texas,more fully depicted on Exhibit A attached hereto(the"Property"); and
WHEREAS, in order to comply with the City of Fort Worth regulations, Developer is required
to provide a median opening for the future Creosote Road that will intersect onto Harmon Road; and
WHEREAS, Harmon Road is being reconstructed by the City of Fort Worth via a construction
contract(CSC 54169)with McCarthy Building Companies, Inc. ("Contractor")and the median opening
for Creosote Road will be constructed with the project; and
WHEREAS,the City of Fort Worth has an Engineering Services Agreement(CSC 49024)with
Kimley-Horn,Inc. ("Engineer"); and
WHEREAS, Contractor has not yet reconstructed that part of Harmon Road adjacent to the
Property; and
WHEREAS, to avoid damaging a newly reconstructed street, Developer has requested that the
Contractor install the Median Opening for the future Creosote Road intersection to the edge of the right-
of-way ("Median Opening") as further depicted on Exhibit B;and
WHEREAS,Contractor is willing to install the Median Opening while constructing the roadway
widening improvements; and
WHEREAS, Engineer is willing to revise the construction plans for Harmon Road and include
the median opening and provide opinion of probable construction costs; and
WHEREAS, Developer has agreed to pay the Contribution,as defined herein,to the City,which
will be used to pay Contractor's cost and Engineer's design fee; and
WHEREAS, Developer will make a contribution to the City in the amount of$124,372.00 (the
"Contribution"), the estimated cost for construction of the Median Opening and reimbursement to
Engineer for plan revisions and estimates as further depicted on Exhibit C; and
WHEREAS, after final accounting of costs to install the Median Opening, if any additional
amount is owed for the construction, Developer shall remit same to the City or if any credit or refund is
owed to Developer,City shall remit same to Developer.
NOW THEREFORE, in consideration of the above recitals and the promises and covenants
herein, City and Developer do hereby agree as follows:
] OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1.
Developer will provide to City the Contribution amount of$124,372.00 for construction of the
Median Opening concurrent with Developer's execution and return of this Agreement.
2.
Developer's Contribution to the City is an estimate of Developer's obligation for its costs related
to the improvements described herein. If any cost overages are due Contractor for the construction,
Developer shall remit same to City within 30 days of receipt of a request for same; likewise,if any credit
or refund is due Developer at the completion and final accounting of the Median Opening improvements,
same shall be refunded by City to Developer.
3.
City will use its best reasonable efforts to perform this Agreement without undue delay.
4.
This Agreement shall be binding upon and inure to the benefit of the City and Developer and their
respective successors and assigns. This Agreement,together with any exhibits attached hereto, constitutes
the entire agreement between the parties hereto,and may not be amended except by a writing signed by all
parties and dated subsequent to the date hereof.
If Developer or any subsequent owner transfers the Property or any portion thereof prior to the
performance of all obligations of the Developer or City hereunder, Developer or such transferring owner
shall obtain an agreement from the transferee assuming the obligations of the transferring owner under this
Agreement performable from and after the date of transfer. From and after the date of such transfer, the
transferee shall be solely obligated under this Agreement, and the transferring owner shall have no further
obligations under this Agreement, with respect to the Property or portion thereof transferred.
5.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1)hand-delivered to the other Party, its agents, employees,servants or
representatives,(2)delivered by electronic paeans with confirmation of the transmission,or(3)received
by the other Party by United States Mail,registered,return,receipt requested,addressed as follows:
City of Fort Worth Presidio Village,LLC
Attn: Dana Burghdoff,Assistant City Manager Attn: Reza Mirzadeh
200 Texas Street 2012 E.Randol Mill Rd.,#211
Fort Worth, TX 761 02-63 1 1 Arlington,TX 76011
Email: dana.bur hg doff(2fortNvorthtexas.gov Email: rmirzadeh@srmventures.com
Facsimile: (817) 392-8654
With Copy to the City Attorney.
2
Executed by each party's duly designated and authorized representative;effective as of the date subscribed
by the City's designated Assistant City Manager,
CITY OF FORT WORTH,TEXAS: PRESIDIO VILLAGE,LLC:
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By:Dana Burghdoff(Ju 19,20221 :1r 28 CDT) By:�
Dana Burghdoff Reza Mirzadeh
Assistant City Manager Manager
Date:Jul 19, 2022 Date:APPROVAL RECOMMENDED:
RECOMMENDED:
By' i Ilia m Johnson(JVfl4,202213:36 CDT)
William M. Johnson,
Director Transportation and
Public Works
APPROVED AS TO FORM AND LEGALITY:
BY:DBlack(Jul 19,2022 16:06 CDT)
Douglas W. Black
Senior Assistant City Attorney
CONTRACT AUTHORIZATION
M&C: 22-0535 Date: 6-28-2022
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ATTEST: SPA.o°0-0 °°°O
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By:Jannette S.Goodall(Ju120,2022 14:57 CDT) p 0=d
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Jannette Goodall �� °°° o
City Secretary d� °°°°°°°°° a
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CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible for the monitoring and administration of
this contract, including ensuring all performance and reporting requirements.
By: =&�&
Alejangra Ayala,P.E.
Senior Professional Engineer
OFFICIAL RECORD
3 CITY SECRETARY
FT. WORTH, TX
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EXHIBIT B
Kimley-Horn and Associates,Inc. Opinion of Probable Construction Cost
E
ent: City of Fort Worth Date: 1012612021
Project: Harmon Road Corridor Improvements-Creosote Drive Turn Lane&Median Opening Prepared By: KRR
ND.: 051018201 Checked By: NVVP
Item No. Spec No. Item Description Quantity Unit Unit Price Item Cost
1 26 05 33 2605.3015 2"CONDT PVC SCH 80 T 220 LF $ 22.00 $ 4,840.00
2 26 05 33 2605.3016 2"CDNDT`VG SCH 80 B 75 LF $ 29.00 $ 2,175.00
3 3211 29 3211,0400 Hydrated Lime 13 TN $ 160.00 $ 2,D80.00
4 3211 29 3211.0502 8"Lime Treatment(48 LBSISY) 530 SY $ 15.68 $ 8,310.40
5 321313 3213.0106 11"ConcPvmt 490 SY $ 79,00 $ 38.710.00
6 3216 13 3216.0101 6"Conc Curb&Gutter •220 LF $ 26.00 $ (5,720.00;
7 3291 19 3291.0100 Topsoil-4" -75 CY $ 15.00 $ (1,125.00)
6 3292 13 3292.0100 Block Sod Placement -675 SY $ 3,00 $ (2,025.00)
9 321723 3217.0201 8"SLDi Marking HAS 225 LF $ 2,86 $ 643.50
10 32 17 23 3217.2104 REFL Raised Marker TY II-C-R-W 10 EA $ 6.50 $ 65.00
11 330512 3305.0103 Exploratory Excavation of ExistingUtilities 1 EA $ 500.00 $ 500.00
12 3441 10 3441A408 NO insulated i Condr 2,400 LF $ 3.00 $ 7,200.00
13 3441 10 3441.1502 Ground Box Type B,wlApron 1 EA $ 950.00 $ 950.00
14 3441 20 3441.3302 Rdw Ilium Foundation TY3,5,6,and 8 1 EA $ 1,750.00 $ 1,750.00
15 3441 20 3441.3352 Fumishllnstall Rdway Ilium TY 18 Pole 1 EA $ 3.550.00 $ 3,550.00
16 0303 00 9999.OD00 Powder Coat TY 18 Pole 1 EA $ 1,800.00 $ 1,800.00
17 00 00 00 9999.0000 House Side Shields 2 EA $ 750.00 $ 1,500.00
18 00 00 00 19999.0000 Median Nose 2 EA $ 500.00 $ 1,000.00
11 39 1 00 00 00 19999.0000 Integral ColDredlStamped 4"Concrete Median 200 SY $ 118.00 $ 23,600.00
Subtotal: $90,000.00
Basis for Cost Projection: Coming,(%,+f-of subtotal) 20 $18,000.00
Conceptual Design CMAR Fee(%,+1-of subtotal) 8 $7,372.34
Preliminary Design Engineering (%,+4 of subtotal) 10 $9,000.00
Final Design-90% Total: $124,372
The Engineer has no control over the cast of labor,materials,equipment,or over the Contractor's methods of determining prices or over competitive bidding or market conditions.Opinions
of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional famitiar with the
construction industry.The Engineer cannot and does not guarantee that proposals,bids,or actual construction costs will not vary from its opinions of probable costs.
C441
6/30/22,10:19 AM M&C Review
Official site of the City of Fort Worth,Tex-
CITY COUNCIL AGENDA FOR�r�Tli
Create New From This M&C
DATE: 6/28/2022 REFERENCE**M&C 22- LOG 20HARMON RD FUNDING AGREEMENT
NO.: 0535 NAME: PRESIDIO VILLIAGE LLC
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 7)Authorize Execution of Developer Funding Agreement with Presidio Village, LLC in
the Amount of$124,372.00 for the Construction of the Creosote Road Median Opening on
Harmon Road,Adopt Appropriation Ordinance and Amend the Fiscal Years 2022-
2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Developer Funding Agreement with Presidio Village, LLC in the
Amount of $124,372.00 for the construction of a median opening for Creosote Road on
Harmon Road;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Developer Contribution Fund in the amount of $124,372.00 from developer
contributions for the purpose of funding the Harmon Road Widening Improvements
project (City Project Number 100459); and
3. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
This Mayor and Council Communication is to authorize the execution of a Developer Funding
Agreement between Presidio Village, LLC and the City of Fort Worth to accept funds in the amount of
$124,372.00 from Presidio Village, LLC.
In November 2021, Presidio Village, LLC expressed an interest in funding the median opening to the
future Creosote Road intersection with Harmon Road which the developer plans to build with the
development at Presidio Village, LLC. Harmon Road is currently under construction by McCarthy
Buildings Companies, Inc. (CSC 54169, M&C 20-0334) as part of the Harmon Road Widening
Improvements project(CPN 100459). By authorizing this agreement the median opening will be
constructed as part of the City project to avoid damaging the newly constructed pavement surface of
Harmon Road. Funds are available in the project's contingency reserves and these developer funds
will replenish same.
Funding History
Fund Existing Additional Project Total
Appropriation Appropriation
34018-2018 Bond $18,000,000.00 $18,000,000.00
Program
30108-
Transportation $6,300,000.00 $6,300,000.00
Impact Fees
30104-Developer $12,390,000.00 $124,372.00 $12,514,372.00
Contribution
apps.cfwnet.org/council_packet/mc_review.asp?ID=30087&councildate=6/28/2022 1/2
6/30/22,10:19 AM M&C Review
56002-W&S $343,927.00 $343,927.00
Capital Projects
Funds
56016-WS Capital $58,450.00 $58,450.00
Project
Project Total $37,092,30L77.0124,372.00 $37,216,749.00
Contingency funding for this project in the 2018 Bond Program Fund will be used to move forward with
these median improvements until developer funds are received. The developer funding will reimburse
the 2018 Bond Program.
Funding for this project was not included in the FY2022-2026 Capital Improvement Program due to
new charges being incurred after the CIP was adopted. The action in this M&C will amend the
FY2022-2026 Capital Improvement Program as approved in connection with Ordinance 25073-09-
2021.
The project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the Developer Contribution Fund for
the Harmon Rd Design ROW project to support the approval of the above recommendations and
award of the agreement. Prior to an expenditure being incurred, the Transportation & Public Works
Department has the responsibility of verifying the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I T I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: William Johnson (7801)
Additional Information Contact: Monty Hall (8662)
ATTACHMENTS
1295_Presidio Village LLC.pdf (CFW Internal)
20HARMON RD FUNDING AGREEMENT PRESIDIO VILLAGE LLC funds
availabilitypdf (Public)
201-larmon Rd Funding Agreement.xlsx (CFW Internal)
20HARMON RD FUNDING AGREEMENT 30104.docx (Public)
PROJECT MAP HARMON.PDF (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=30087&councildate=6/28/2022 2/2