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HomeMy WebLinkAboutContract 51699 CITY SECRETARY CONTRACT N0. Ail Iv q� FUTURE IMPROVEMENTS AGREEMENT 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 Bowman Roberts Road from Lot 10, Block 8 for a distance of approximately 1202 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, LGI Homes, LLC. a Texas corporation("Owner"), is the owner of a tract of land situated in the J. Bowman Survey, Abstract No. 79, the W. Dean Survey, Abstract No. 436, J.B. McGee Survey, Abstract No. 1149, and the G.W. Miller Survey, Abstract No. 1826, City of Fort Worth, Tarrant County, Texas (the "Property"), consisting of approximately 15.85 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: 1. 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 Three Hundred and Twenty-Nine Thousand Five Hundred and Eighty-Nine Dollars and 38 Cents ($329,589.38 , 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 �A� Texas Transportation Code; and Project Name OFFICIAL RECORD CFA#2017-043 CITY SECRETARY Date:May 18,2017 FT. WORTH,`fiX (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 Bowman Roberts 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 Bowman Roberts 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. Project Name CFA#2017-043 Date:May 18,2017 EFFECTIVE as of the date last executed by a Party hereto. CITY OF FORT WORTH OWNER LrI HOMES-TEXAS. LLC, A Dela are imited Wbility Company acj+SaH �1an�5 taut City Manager cJ ,Name Date: 1l I I$ Zea-px Vca .c.�.�O�Y, Title Recommended by: Date: /KAy o?Gi /7 Tra s ortation& Public Works Department Dougla . Wiersig, P.E. Director Approved as to Form& Legality: —R�ro�� Assistant City Attorney M&C: y I. Date: kA Form 1295: "4�-ORT ATTEST: 4�44yLJ. s r `' City Seer ary TEX 0MCIAL RECORD Project Name CITY SECRETARY CFA#2017-043 Date:May 18,2017 FT. WORTH,TX STATE OF TEXAS § la �/ L S°` COUNTY OF TARRANT § J J BEFORE ME, the undersi d authority, a Notary Public in and for the State of Texas, on this day personally appeared o os a, 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 f� day of ,20j? No y Publi , State of Texas MARIA S.SANCHEZ * *= My Notary ID#2256490 My Commission expires: Expires December 19,2021 -Al ' a— STATE OF TEXAS ./ § 1 COUNTY OF T § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared :Snc,� Ueo. •r &EAR 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 I&T Ota rtieS for the purposes and consideration therein expressed. GIVEN UNDER M.Y. HAND AND SEAL OF OFFICE this (o- day of LIk" 1201d. 2. Notary 61bhc, State of Texas My Cominission expires: r.� =?4 FY•n�& AMY BOUDREAUX My Notary ID#128428520 Project Name nrRrlMl, IRM •.':: ��� Expires October 28,2018 CFA#2017-043 Date:May 18,2017 FT WORTH,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. 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RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL fl ' 11 m� I MATCH LINE ZO - - PRO ED it I I JASPER L ,/ R:G.E I � I PROP SED RAP O Iz � ty, Z I w _c rpt 1 0 L Z z X ¢ o o m � I 0 E o i m U s� I O CV O n 3 1 o I U V) W to LL 4 U �O 1 MATCH LINE L O W .s d O/ .j 51 SCALE: 1"= 100' LEGEND co 0 100 200 0 E o PROPOSED SIDEWALK BY DEVELOPER Ram ro PROPOSED PAVEMENT C6 JOB NO. 61066-03 EXHIBIT B - PAVING IF PAPE-DAWSON ,rjy DATE FEB 2017 ENGINEERS N o DESIGNER EAPgpWMAN ROBERTS ROAD ESCROW CHECKED TT DRAWN F FORT WORTH 1 SAN ANTONIO I AUSTIN I HOUSTON DALLAS FORT WORTH, TEXAS 500 WEST SEVENTH ST,STI 350 NAL NGFT.WORTH,IR 76102 1REGISTRATION Q7 470 SHEET 2 O F 3 TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION mill THIS DOCUMENT HAS O L� INADVERTENTLY ALTERED. RELY ONLY ON FINAL HAIRDC PYTMATERIALLSEBEARING THTRANSMITTED RCONSSUL ANTS ORIGINAL SIGNATURE AAND SEAL ® 11 I I LRR MATCH LINE JASPER L C� _ -Vi RGEnp OR I I I PR POSED 36' RCP m 0 o I= cn Z I w I PROPOS I p z —36--RC Z yx Ld IU 3 o m I o _ 3 I 1 m I L I - U T I 0 CIA O f\ I O � I IPROPOSE 36" RCP obi L 1 r ..+ L MATCH LINE W LEGEND •� I i PROPOSED '- ----- STORM DRAIN SCALE: 1"= 100' PIPE & JUNCTION BOX 0 100 200 o PROPOSED E CURB INLET SAFETY END TREATMENT rz N% JOB NO. 61066-03 EXHIBIT B1 - STORM DRAIN PAP&DAWSON Li y ENGINEERS DATE FEB 2017 DESIGNER EAP BOWMAN ROBERTS ROAD ESCROW CHECKED l„T DRAWN EAP FORT WORTH I SAN ANTONIO 1 AUSTIN I HOUSTON I DALLAS 500 WEST SEVENTH ST,STE 350 1 FT.WORTH,TX 76102 1817.870.3668 d SHEET 3 OF 3 FORT WORTH, TEXAS TEXAS BOARD OF PROFESSIONAL ENGINEERS.FIRM REGISTRATION 1110 wmmmmIIIIm Li THIS DOCUMENT HAS BEEN YAI T WAS LSOCLEHAVE INADVERTENTLY ALTERED. RELY ON FINAL MATERIAL DCPYMATERIALS BEARNGTHEONSUTRANSMITTED ELECTRONICALLY SIGNATURE ANDSEL 00 42 43-1 DAP-BID PROPOSAL Page I oft SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item No. Description Section No. Measure Quantity Unit Price I Bid Value DRAINAGE IMPROVEMENTS 1 3137.0101 Concrete Riprap 31 37 00 SY 30 $87.00 $ 2,610.00 2 3305.0109 Trench Safety 33 05 10 LF 940 $1.00 $ 940.00 3 3341.0201 21"RCP,Class III 3341 10 LF 10 $80.00 $ 800.00 4 3341.0309 36"RCP,Class III 3341 10 LF 930 $150.00 $ 139,500.00 5 3349.0001 4'Storm Junction Box 3349 10 EA 1 $8,100.00 $ 8,100.00 6 3349.5001 10'Curb Inlet 33 49 20 EA 1 $6,000.00 $ 6,000.00 7 3349.4106 36"SET,I Pipe 33 49 40 EA 1 $3,500.00 $ 3,500.00 DRAINAGE IMPROVEMENTS $161,450.00 PAVING IMPROVEMENTS 1 3211.0400 Hydrated Lime 32 1129 TN 26.90 $155.00 $ 4,169.50 2 3211.0502 8"Lime Treatment 32 1129 SY 1,539 $3.50 $ 5,386.50 3 3213.0103 8"Conc Pvmt 32 13 13 SY 1,425 $45.00 $ 64,125.00 4 3213.0506 Barrier Free Ramp,Type P-I 32 1320 EA 4 $1,600.00 $ 6,400.00 5 3213.03014"Conc Sidewalk(by Developer) 32 1320 SF 4,809 $4.50 $ 21,640.50 6 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 1 $500.00 $ 500.00 TOTAL :PAVING IMPROVEMENTS $102,221.50 CITY OF FORT WORTH Stone Creek Ranch,Phase 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTSBowman Roberts Rd Esrcrow Improvements Form Version September 1,2015 City Project No.100611 004243-2 DAP-BID PROPOSAL Page 2 of 2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application BID SUMMARY DRAINAGE IMPROVEMENTS $161,450.00 PAVING IMPROVEMENTS $102,221.50 TOTAL CONSTRUCTION BID $263,671.50 Contractor agrees to complete WORK for FINAL ACCEPTANCE within calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH Stone Creek Ranch,Phase 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Bowman Roberts Rd Escrow Improvements Form Version September 1,2015 City Project No. 100611