HomeMy WebLinkAboutContract 46778 CITY SECRIRARY
CONTRACT NO.
DESIGN PROCUREMENT AGREEMENT
FOR
OLD DECATUR ROAD RECONSTRUCTION
DOE 6938
WHEREAS, Keystone Equity Partners, LLC, a Texas limited liability company., ("Developer")
and the City of Fort Worth,a Texas municipal corporation("City"),contemplated making certain roadway
and street improvements to Old Decatur Road in the City of Fort Worth,Tarrant County,Texas,from Loop
820 approximately 1,527 feet south, including related water, sanitary sewer and drainage improvements
("Project"); and
WHEREAS, Developer is willing to advance Phase A, from approximately the southern frontage
road of IH-820 and Old Decatur Road to approximately 566 linear feet south of the southern boundary line
of Developer's property along Old Decatur Road("Phase A") ("Exhibit A") on an earlier schedule than it
might otherwise have been implemented; and
WHEREAS,prior to Developer soliciting a construction contract,the City requested that Developer
revise the design to include Phase B to extend the improvements to Old Decatur Road all the way to Angle
Avenue("Phase B") (Exhibit A); and
WHEREAS, Developer retained the services Goodwin-Marshall, Inc. ("Engineer") to provide for
the design of Phases A and B, a copy of which is attached hereto("Exhibit B"); and
WHEREAS, City was authorized to enter into an Enhanced Community Facilities Agreement
("ECFA")with Developer to design and construct Phase A(M&C C-25504); and
WHEREAS, Developer and City mutually agreed to delay execution of the ECFA as the scope of
the Project expanded(M&C C-26028 and M&C C-26865); and
WHEREAS, the City has further determined that a roundabout is needed at the intersection of Old
Decatur Road and Angle Avenue("Roundabout"); and
WHEREAS, the City has retained the services of Freese and Nichols, Inc. (M&C C-27093) to
design and incorporate the Roundabout into the Phase B design; and
WHEREAS, the City desires to assume the construction responsibilities for Phases A, B, and the
Roundabout relieving Developer of its obligation to construct Phase A; and
WHEREAS, Developer's Engineer will complete the design of Phases A and B at a cost of
$480,636.00 and City Staff has reviewed the work and fee for the design of the Phases A& B and finds
them to be fair and reasonable and for which the City agrees to reimburse Developer;
NOW, THEREFORE, for and in consideration of the above recitals and the covenants and
m conditions contained herein, the City and the Developer do hereby agree as follows:
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C:) OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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A. City agrees to reimburse Developer for actual costs in the amount$480,636.00, for Developer's
engineering drawings, surveying, studies and other documents, (collectively the "Work Product")
prepared by or on behalf of Developer for the construction of the Project,Phases A and B.
B. The Developer agrees to turn over, release, or give to City all Work Product and other
documents it or its engineer possesses with regard to the Project, and specifically Phases A and B.
C. Developer agrees, pursuant to Texas Local Government Code Section 271.904, to
indemnify, hold harmless, and defend the City against liability for any damage caused by or
resulting from an act of negligence,intentional tort,intellectual property infringement,or failure
to pay a subcontractor or supplier,committed by the Engineer or Engineer's agent,consultant
under contract,or another entity over which the Engineer exercises control for work related to
the design of Phases A and B.
ACCORDINGLY, the City, through its Assistant City Manager, and Developer, through its duly
authorized representative, have each caused this instrument to be executed in multiple counterparts to be
effective as of the date subscribed by the Assistant City Manager.
CITY OF FORT WORTH Keystone Equity Partners,LLC
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Fernando Costa, Assistant City Manager Michael A. Blubaugh,Vice-President
Date: 412311-1v Date: G -.20/
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Recommended by: ;,4��,AS
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Douglas; . Wiersig,P.E.
Director
Approved as to Form &Legality:
Date: 6 -4—iv
Douglas W. Black
Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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M&C Review Page 1 of 2
offidal site of the Oty of Fort Worth,Texas
CITY COUNCIL AGENDA
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COUNCIL ACTION: Approved on 6/16/2015
REFERENCE ,,. 20OLD DECATUR DESIGN
DATE: 6/16/2015 NO.: C-27341 LOG NAME: PROCUREMENT
AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Design Procurement Agreement with Keystone Equity Partners,
L.L.C., in the Amount of$480,636.00 for the Engineering Design of Old Decatur Road
from Loop 820 to Angle Avenue and Convey a Forty Foot Access Easement(2014 BOND
PROGRAM) (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Design Procurement Agreement with Keystone Equity Partners, L.L.C., in the
amount of$480,636.00 for the engineering design of Old Decatur Road from Loop 820 to Angle Avenue; and
2. Authorize the execution of a forty foot wide access easement to Keystone Equity Partners, L.L.C.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is for the City to acquire design documents
from Keystone Equity Partners, L.L.C. (Keystone), that were developed in connection with the reconstruction
of Old Decatur Road. On March 20, 2012, under M&C C-25504, as amended in M&C's C-26208 and C-
26865,the City Council approved the execution of an Enhanced Community Facilities Agreement(ECFA)
with Keystone to reconstruct portions of Old Decatur Road. As part of the ECFA, Keystone was to design
and construct infrastructure and roadway improvements from the eastbound service road of IH-820 to
approximately 900 linear feet(LF) south. For this work,the City was to reimburse Keystone in an amount up
to$750,000.00 of the construction performed only. All design and right-of-way costs were to be Keystone's
responsibility alone. The approved ECFA was never executed.
Development along Old Decatur Road has expanded the need for public infrastructure along all of Old
Decatur Road from Loop 820 to Angle Avenue. Staff asked Keystone to expand the scope of its design to
include the full segment of road from IH-820 to Angle Avenue, a three-lane arterial. The City will manage the
right-of-way acquisition and construction of the entire roadway, thus relieving Keystone of its obligation to
build its portion of Old Decatur Road.
The fee charged to Keystone by Goodwin-Marshall for the engineering design, topographic and boundary
survey, geotechnical investigation, Subsurface Utility Exploration (SUE)and construction documents of Old
Decatur Road from IH-820 to Angle Avenue is$627,739.00. Keystone will continue to manage its contract
with Goodwin-Marshall until final documents are prepared,at which point the entire work product will be
turned over to the City. The plans to date are complete and have been reviewed by Staff. Staff concurs that
the fees charged by Goodwin-Marshall are fair and reasonable for the work performed and for the expected
final work product.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20882&councildate=6/16/2015
M&C Review Page 2 of 2
(Cost Sharing Breakdown II
Keystone Participation(Original 900-LF of Decatur) $147,103-.001
City of Fort Worth Participation(Additional 2700 LF of Old Decatur) $480,636.00
Total Engineering Design Cost x627,739.00
Pursuant to M&C C-25504, Keystone will dedicate 12,516 square feet of right-of-way to accommodate the
reconstruction of Old Decatur Road and the City of Fort Worth will grant a 40 foot wide access easement
(53,626 square feet)on Meacham Airport property to Keystone.
The other obligations Keystone agreed to perform under M&C C-25504, as they relate to public infrastructure
on or across its own property, have been completed to the satisfaction of the City. This project is included in
the 2014 Bond Program. Available resources within the General Fund will be used to provide interim
financing until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse
the General Fund, in accordance with the statement expressing official Intent to Reimburse that was adopted
as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014).
This project is located in COUNCIL DISTRICT 2, Mapsco 34V, 35N, 35P and 35S.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that appropriations are included in the Fiscal Year
2015 Adopted Budget of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014 and funds are
available in the General Fund to pay expenses which will be incurred until reimbursement can occur from
the issuance of public securities.
Description FY15 Budget Total 2014 Bond Pending Remaining
Appropriation Project Allotment Encumbrance/Expenditures Project Balance
Old Decatur Rd $2,000,000.00 $3,000,000.00 $1,087,385.05 $1,912,614.95
CPN 02014
TO Fund/Account/Centers FROM Fund/Account/Centers
C210 531200 202230201430 $480.636.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Todd Estes(5448)
Aii1 ACHMENTS
40'Access Easement CFW to KEP Legal Description 2014 10-09.pdf
ODR Design Procurement Agreement Exhibit A 2014 09-26.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID==20882&councildate=6/16/2015 6/17/2015