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HomeMy WebLinkAboutContract 49760 ) y FUTURE IMPROVEMENTS AGREEMENT CITY SECRETARYp n O CONTRACT N0. qI ' 1 WHEREAS, the City of Fort Worth ("City") has incorporated a "Street Proportionality Study" (the "SPS") which describes the impact of development to the City's roadway infrastructure; and WHEREAS, the SPS includes the development of Ray White Road from 125 feet west of the centerline of Bear Hollow Drive for a distance of approximately 475 feet, (said roadway being referred to herein as the"Improvements") (Exhibit"A" attached); and WHEREAS, the City's Policy for Installation of Community Facilities requires Owners of property abutting proposed or underdeveloped city roadways to construct or, upon request of an Owner, contribute a portion of the costs of the Improvements for future construction of same by City; and WHEREAS, Austin-Pauri Land Enterprise LLC, a Texas corporation ("Owner"), is the owner of Lot 3, Block One, All American Farms (the "Property"), consisting of approximately 6.94 acres and bordering the Improvements; and WHEREAS, Owner has requested that City rather than Owner construct the Improvements and City has agreed, subject to the terms of this Agreement; and WHEREAS, Owner agrees to contribute its share of the Improvements to the City. NOW THEREFORE, City and Owner, acting herein by and through their duly authorized representatives, enter into the following agreement: I. The City may construct (or cause to be constructed) the Improvements provided public funds are available, abutting properties develop, or construction is found to be necessary by the Director of Transportation and Public Works. 2. Owner has paid to the City the sum of One Hundred Thirteen Thousand Thirty One & 59/100 Dollars ($113,031.59), such amount being hereinafter referred to as the "Escrow", which Owner and City agree is the entire amount of Owner's contribution for the cost to construct the Improvements. By providing the Escrow, Owner agrees: (a) this payment to the City is an assessment contemplated under Chapter 313 of the Texas Transportation Code; and m FICIAL R CSR c Project Name CITY SECRET RY -- �a v CFA# tg Date r PT. !I i?%; i i% TX ti 9 a (b) the amount of special benefit and enhanced value to Owner's property resulting from construction of the Improvements is equal to or greater than the amount of the Escrow, and (c) to waive the rights granted to Owner in Chapter 313 of the Texas Transportation Code to contest or appeal the assessment. By accepting the Escrow and by execution of this contract, City agrees that the Owner and any successor owner of all or part of the Property will have no obligation whatsoever to pay any amounts in addition to the Escrow or take any further action with regard to the construction of the Improvements, even if(a) the actual costs to construct the Improvements exceed the costs expected by the City as of the date of this contract; (b) the specifications, composition, or other characteristics of the Improvements hereafter change for any reason; (c) a mistake has been made (mutual or unilateral) in computing the costs of the Improvements or otherwise; or (d) the costs or scope of the Improvements change for any reason. 3. Owner and City agree that the terms of this agreement eliminate the need for a public hearing and issuance of notices as required by Tex. Transp. Code §§ 313.047-.048. 4. This agreement shall be binding upon and inure to the benefit of the City and Owner and their respective successors and assigns. 5. Owner is in the process of developing the Property. Owner has deposited the Escrow with the City for the future Improvements, such Improvements being necessitated in part by the additional demands that the development of the Property will be placing upon Ray White Road and being roughly proportionate to the impact of the proposed development along said roadways, and fairly represents the Owner's proportional share of the cost of the improvements to Ray White Road. Should any claim be raised by Owner or Owner's successors-in-interest or assigns that the Escrow provided for herein is not proportional to the impacts of the development pursuant to Tex. Loc. Gov't Code sec. 212.904, its successor-statute or any constitutional provision, Owner expressly agrees that the City Council and any reviewing court may rely upon the statements in this Agreement in considering relief under such claim. Owner further waives any claim that Owner's contribution in Escrow provided by this Agreement constitutes an unauthorized impact fee pursuant to Tex. Loc. Gov't Code chapter 395. EFFECTIVE as of the date last executed by a Party hereto. Project Name CFA# Date CITY OF FORT WORTH OWNER Austin-Pauri Land Enterprise LLC Jesus Chapa Name: Dustin Austin Assistant City Manager Title: Member Date: Date: ( Z -7 Recommended by: Tr n ation��& Public ,Works Department DouglasTV. Wiersig, P.E. Director Ai rove as to Form & Legality: pbugla5litL P�1ar,K Assis{ant City Attorney M&C: Date: 10 prl Form 1295: Ir/ T FORT o A. //Ma6 J. Kayser City Secretary FICI!, R �;7P,!, Project Name cffy +�• q CFA# Date ": `* : ° 9 TQC STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the unde si nedJa t ori , a Notary Public in and for the State of Texas, on this day personally appeared �~Eb�assistant city manager for the City of Fort Worth, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this y of ,20L? c - No Public, State o Texas MARIA S SANCHEZ My Commission Expires M Commission expires: December 19,2017 y p s. STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authori , a Notary Public in and for the State of Texas, on this day personally appeared Vw'-zhVV n2 , known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to that he executed the same on behalf of for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this c, -L� day of �/Y ,20n to/T������/Y I ►V MARIA Notary Public, State of Texas WINN SNOWY Public,State of Texas Comm, Expires 07-27-2020 I„%``� Notary ID 126567$20 My Co issi��expires: 0FFICIA L RAX Rrl Project Name CFA# CI'i Y-k {v T �i` Date �'fi. _�Rll �T� Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ate: 1011 Janie S.Morales Development Manager CI q°3,, CRETA FT. m`x'�! !�Jlq TQC GOLDEN TRIANGLE Q 3 H O c J O Q = < - J Q Q W m = RAY WHITE U Q Q � Lu z LoSITE N J Lo Q � W N F- -- H O 3 rn a1 Q Q Cc 0 U) 0 L a u� c 0 n v Q VICINITY MAP- 0 N . T .S . 0 0 c HHDEAWAY ACRES 0 ll� 0 0 LOCATED IN C=Ji O ' FORT ORT V V OR Jl!L lig TEXAS XAS 0 L T PREPARED1a0R• PREPAREDBY: OUR COUNTRY HOMES 700 WEST HARWOOD DRIVE GOODWINI HURST,TX 76054 O (817)528-4100 1� 'L CONTACT:MR.JOHN PrISTICK CML ENGINEERS—PLANNERS—SURVEYORS Lo 2405 Mus"DrNY,OraprArle,Toms 76051 O Metro(617)32&4373 AUGUST, 2017 W HHDEAWAY ACRES " RAY VvT=ROAD W E FUTURE ID OROVEh 7'i'AGR E]ER1IDE1`g'II' S WATER E=IT"A" SCALE: V® 100' 6 � 5 4 3 � i i� 2 —� I 2 1 1 BLOC B -- - IaTr xEi�ai --W—T _W__ x ss raxn� io W____M____M____M____N____p____ry____N__ M____M_ RAY WR 1 ADJUST EXISTING ADJUST 16" —ADJUST 16" FIRE HYDRANT VALVE BOX VALVE BOX ADJUST B" VALVE BOX LEGEND PREPARED BY: - —W— — EXISTING WATER LINE (rn00l®VTlN8 EXISTING FIRE HYDRANT ASSEMBLY `�� CML ENGINEERS—PLANNERS—SURVEYORS b4 EXISTING GATE VALVE 4 06M—v—,Gr.p.Nnq T-7EW1 Mato(817)32"73 E:\10670 — Roy White Road\Plans\Hideawoy Acres Plans.pro Sot Aug 19 10 16 15 2017 =EAWAY ACRES N RAY WH=ROAD w E FUTURE M11PROVEL=A(0R E]EtvIDEf3T S STREET 1E?H)C1 IT NB"1 SCALE. 2"°e 100' 6 5 4 3 I 2 2 1 �, I BLOCK; 8 I — Lz RAY VMETq ROAD 1229 S.Y, OF ASHALT TOt/1 BE REMOVED LEGEND PROPOSED 37'8-B ROADWAY FREPA ®$y. W/ 60'R.O.W. 8' CONCRETE PAVING (,00DWa4l 4 - OPAL ENGINEERS—PLANNERS—SURVEYORS 2405 MUe V O .GApWW ,Tm —51 6' REINFORCED McW(Sm 32D43r3 CONCRETE PAVEMENT E;A10670 — Roy White Road\Plans\Hideaway Acres Plans.pro Sat Aug 19 10 18;58 2017 HHDEAWAY ACRES " RAY V=ROAD WE 1FTlJ]E8'ICUR E 11i2ROVIEtJEI`T�T AGREEMENT 9 STORM DRAIN EXH131IT"B-2" sy`S..Cil1lrlGe Ilav Il009 6 5 4 ! 3 2 1 I 2 j BLOCIG B T=TTTn-Z—,—� -- t 21"R.C.P. 27"R.0 P. 21"R.C.P. 24'R.0 P. PAY WH17 ROAD --- i LEGEND PiREPARBD BY: PROPOSED STORM DRAIN LINE ® EXISTING STORM DRAIN TO BE REMOVED (300DWINA HALL A 77 EXISTING STORM DRAIN LINE CML ENOINEERS—PLANNERS—SURVEYORS 2405 Mui Q DMe,Dmae ,Tm 7W51 PROPOSED STORM DR41N INLET Mo o(817)32D4M E \10670 — Ray White Road\Plans\Hideaway Acres Plans.pro Sat Aug 19 10; 17:09 2017 PRELIMINARY ENGINEER'S OPINION OF PROBABLE COST Hideaway Acres Ray White Road Project (+/-475 L.F.37' B-B Collector Y ` ' Roadway) —._ Date: July 1,2017 COU T Y HOMES A C s"m Rome"Yoo Can AHfurdt Location: Fort Worth, TX I J Job No. 10670 Page: 1 of 4 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Paving Facilities 1. 8"Reinforced Concrete Pvmt. S.Y. 1952 $41.00 $80,032.00 2. 8" Subgrade Preparation S.Y. 2058 $3.25 $6,688.50 3. Hydrated Lime 40#/SY Ton 41 $150.00 $6,150.00 4. Pavement Markings' L.S. 1 $2,000.00 $2,000.00 5. Traffic Control L.S. 1 $3,000.00 $3,000.00 6. Remove&Dispose Asphalt Pvt S.Y. 1229 $10.00 $12,290.00 7. 6"Reinforced Concrete Pvmt. S.Y. 171 $35.00 $5,985.00 8. Sawcut Ex Concrete Pvmt. L.F. 29 $15.00 $435.00 9. Connect to Ex Concrete Pvmt. L.F. 29 $20.00 $580.00 Paving Subtotal $117,160.50 Grading Facilities 1. Unclassified Excavation/Fill C.Y. 600 $3.50 $2,100.00 2. Erosion Control L.S. 1 $2,000.00 $2,000.00 Grading Subtotal $4,100.00 This Engineers opinion of probable construction cost is made on the basis of the Engineers experience GOODWLNI and best judgment as a design professional. It must be recognized that any evaluation of work to be A[0.SHAU9 performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor, material, or M' ` SUVIVEVORS services to be fumished by others or over market conditions. Accordingly Goodwin&Marshall,Inc.can not guarantee that actual costs will not vary from the opinions expressed here in, PRELI.MINARY ENGINEER'S OPINION OF PROBABLE COST Hideaway Acres Ray White Road Project (+/-475 L.F.37' B-B Collector " 1 ` Roadway) Na flUR Date: July 1,2017 COUNTRY HOMES A Custom Home You Can Affwrd: Location: Fort Worth,TX Job No. 10670 Page: 2 of 4 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Water Facilities 1. Vertically Adjust 16"Valve Box Ea. 2 $1,500.00 $3,000.00 2. Vertically Adjust 8"Valve Box Ea. 1 $300.00 $300.00 3. Vertically Adjust Ex.Fire Hydrant Ea. 1 $500.00 $500.00 Water Subtotal $3,800.00 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience 000DWW1 and best judgment as a design professional. It must be recognized that any evaluation of work to be � performed to construct this project must by necessity be speculative in nature until completion of its actual S A+ detailed design. In addition the engineer has no control over the cost of labor,material,or services to be CKFIIL —OLqWEVXM_ furnished by others or over market conditions. Accordingly Goodwin&Marshall, Inc,can not guarantee that actual costs will not vary from the opinions expressed here in. PRELIMINARY ENGINEER'S OPINION OF PROBABLE COST Hideaway Acres Ray White Road Project (+/-475 L.F.37' B-B Collector ' C?UR i Roadway) COUNTRY HOMES Date: July 1,2017 A Cummll `iar."Afforollf Location: Fort Worth,TX Job No. 10670 Pace: 3 of 4 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Storm Drain Facilities 1. 15'Curb Inlet Ea. 4 $4,000.00 $16,000.00 2. 27"R.C.P. L.F. 180 $60.00 $10,800.00 3. 24"R.C.P. L.F. 325 $50.00 $16,250.00 4. 21"R.C.P. L.F. 60 $45.00 $2,700.00 5. Trench Safety L.F. 565 $2.00 $1,130.00 6. Remove Ex. 18"R.C.P. L.F. 141 $12.00 $1,692.00 7. Remove Ex. 18"Headwall Ea. 2 $600.00 $1,200.00 8. Remove Ex. Rock Rip Rap S.Y. 37 $10.00 $370.00 9. Remove Ex.24"R.C.P. L.F. 80 $15.00 $1,200.00 10. Remove Ex. 24"Headwall Ea. 2 $800.00 $1,600.00 Storm Drain Subtotal $52,942.00 This Engineers opinion of probable construction cost is made on the basis of the Engineers experience GOODWI„wf I and best judgment as a design professional. It must be recognized that any evaluation of work to be im � . performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor, material, or CfVL `SURVEYORS services to be fumished by others or over market conditions. Accordingly Goodwin&Marshall,Inc.can not guarantee that actual costs will not vary from the opinions expressed here in. PRELIMINARY ENGINEER'S OPINION OF PROBABLE COST Hideaway Acres Ray White Road Project (+/_475 L.F.37' B-B Collector " ' `. Roadway) CUR Date: July 1,2017 COUNTY HOMES A C st m 3 E.e+ame'Am Can At3;o►vd1 Location: Fort Worth,TX 1J Job No. 10670 Page: 4 of 4 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Paving Subtotal $117,160.50 Grading Subtotal $4,100.00 Water Subtotal $3,800.00 Storm Drain Subtotal $52,942.00 Probable Construction Cost $178,002.50 4% Inspection $7,120.10 10% Contingency $17,800.25 Engineering(8%)& Surveying(5%) $23,140.33 Probable Total for Ray White Road $226,063.18 50%Developer Responsibility $113,031.59 This Engineer's opinion of probable construction cost is made on the basis of the Engineers experience OODWLN i and best judgment as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor, material, or CIVL ENGOMM"A $" SUIRVEVOW services to be furnished by others or over market conditions. Accordingly Goodwin&Marshall,Inc,can not guarantee that actual costs will not vary from the opinions expressed here in.