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Home My WebLink AboutContract 56922 01/04/2022 CSC No.56922 4:30 p m FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS PAVING IMPROVEMENTS FOR REDBUD LANE This FUTURE IMPROVEMENTS AGREEMENT ("Agreement"), is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and TB-EQR Rivercrest Property ("Developer"), a Limited Partnership, acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is developing property within the City of Fort Worth for a project generally described as TB Rivercrest ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure that is constructed according to City standards; and WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of a portion of the public infrastructure improvements necessary for the project, City Project Number 102654, IPRC20-0028, City Secretary Contract Number 56851 ("CFA"); and WHEREAS, the CFA requires that Developer construct a public storm drain line under Redbud Lane ("Storm Drain") and reconstruct Redbud Lane after construction of the public storm drain line ("Road Work") as a condition of the City's approval of the Project; and WHEREAS, subsequent to Developer's construction of the storm drain line, the City desires to replace, at the City's expense, the water and sanitary sewer lines under Redbud Lane ("Water and Sewer Work"); and WHEREAS, the City and Developer agree that in order to avoid unnecessary damage to the newly construction street, Developer will pay the City fifty percent of the estimated cost to reconstruct Redbud Lane, plus an additional twenty-five percent as required by the CFA Ordinance, ("Developer Funds") and the City will reconstruct Redbud Lane upon completion of the City's Water and Sewer work; and WHEREAS, the determination of the amount of Developer Funds is not an assessment pursuant to Chapter 313 of the Texas Transportation Code; NOW THEREFORE, in consideration of the above recitals and other good and valuable consideration as incorporated herein for all purposes, City and Developer, acting by and through their duly authorized representatives, do hereby agree as follows: OFFICIAL RECORD Future Improvements Agreement—TB Rivercrest CITY SECRETARY Page 1 of 6 FT. WORTH, TX 1. Improvements The estimated cost to construct the Road Work is $47,583.41, as described in Exhibit "A"which is attached hereto and incorporated herein by reference. 2. Future Improvements Funds Concurrently with the execution of this Agreement, Developer shall pay to the City $ 47,583.41, which amount represents fifty percent of the estimated cost of the Road Work plus an additional twenty-five percent ("Future Improvements Funds"). The Future Improvements Funds shall serve as the entire amount of Developer's contribution for the cost of the Road Work. By City accepting the Future Improvements Funds, Developer will have no further obligation to pay any amounts in addition to the Future Improvements Funds or take any further action with regard to the Road Work, even if: (a) the actual costs the Road Work exceeds the Future Improvements Funds; (b) the specifications, composition, or other characteristics of the Road Work hereafter change for any reason; (c) a mistake has been made (mutual or unilateral) in computing the cost of constructing the Improvements; or (d) the costs or scope of the Road Work change for any reason. 3. Construction by City The City may construct, or cause to be constructed, the Road Work at a time convenient to the City. 4. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 5. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 6. Severability In the event that any clause or provision of this Agreement shall be held to be Future Improvements Agreement—TB Rivercrest Page 2 of 6 invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 7. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this Agreement; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 8. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 9. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 10. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meaning ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 11. Signature Authority Future Improvements Agreement—TB Rivercrest Page 3 of 6 The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 12. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 13. Entire Agreement This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the City and Developer, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] Future Improvements Agreement—TB Rivercrest Page 4 of 6 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER: TB-EQR Rivercrest Property Owner LP T�c� 3��r.�LL �e�Ae-ram R�iar7cr�t, Dana Burghd off(Dec 28,20 16:44 CST nrge ',as Rhodus,Jr.(Dec 20,2021 13:00 CST) Dana Burghdoff Name: George Tomas Rhodus, Jr. Assistant City Manager Title: Regina[ Director Dec 28,2021 Dec 20,2021 Date Date Recommended by: ,-onL.JfL Ezernac,k Jennifer[iernack(Dec 20,2021 14:02 CST) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development APPROVED AS TO FORM AND LEGALITY pQu�f�f� pqt FOR V+-�' I p ` oOOOoo. *- � o 41 Dalafk ef)-71 2.^:21 19•^fl f'.ST1 � 00 00 Doug Black ��o� o� d �+I d Sr. Assistant City Attorney 0 v o o= Jd � 00 Y T 00000000000 � By signing,Contract �acklnowledge that I am the iance Manager: ATTEST: ��EXAsa�.o- person responsible for the monitoring and administration of this contract, including ensuring �a �e�te S � r7�GG all performance and reporting requirements. Jannette S.Goodall(Jan 4,202216:08 CST) Jannett Goodall City Secretary J e Scarlett Morales(Dec 20,202117:22 CST) Name: Janie Scarlett Mo rales Title: Development Manager OFFICIAL RECORD CITY SECRETARY Future Improvements Agreement—TB Rivercrest FT. WORTH, TX Page 5 of 6 EXHIBIT A Future Improvements Agreement—TB Rivercrest Page 6 of 6 00 42 43 DAP-BID PROPOSAL Page I of I SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Inforniation Bidder's Proposal Bidfist Item Specification Unit f Bid N Description I I SectionNo. Measure Quantity Unit Price Bid Value UNIT IV:PAVING IMPROVEMENTS 1 0241.1100 Remove Asphalt Pvmt 0241 15 SY 1754 $6.93 $12,155.22 ........... ............... 2 3212.0302 3"Asphalt Pvmt Type D 32 SY 1754 $18.59 $32,606.86 ........... ...1-1-11-1-1-�11-111-1 3 0241.1700 11"Pavement Pulverization 0241 15 SY 1754 $7.38 $12,944.52 4 3471.0001 3471 13 MO 1 $5,000.00 $5,000.00 ..........- .............. --------- ........... ---------- 5 9999.0001 Cem-Lime(@32 Lbs/SY) 3211 33 TN 28 $196.47 Remove Conc Pvmt 0241 15 SY 85 $15.84 $1,346.40 7 3213.0102 7"Conc ----$§,A84.20 8 3305.0112 Concrete Collar 33 05 14 EA 1 $479.92 $479.92 ----------- 9 3305.0111 Valve Box Adjustment,Including Conc.Collar 33 05 14 EA 2 $307.59 $615.18 SUBTOTAL $76,133.46 25%CONTINGENCY $19,033.36 TOTAL UNIT IV:PAVING IMPROVEMENTS $95,166.82 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version Febmaty 16,2018 FIA Bid Popml—DAP.,ds w N J d _ c m U) a a W Q 6 E r 3- z o=so O m 60go W z Wm a F r M. u Q m�"° m ti wdmes= z5f;w m O rvmo'S� W�i=r �0 J� uj FM `�3iII�y �1IN I�1 > v/ A 3Nd3 AN3sam d U� z 3NV-1 13SNns F- a z F-o Y ¢ OF z u 'K VIN3Hld F— Z O J ►— U U w P4 w =Q Qa inn SiN3aON W 02 J U ►— A w w w w w Li F- u co co 3 Z#IAOwtDJW WDIQ:B—IZOZ 'OZ das 6Mp•doryuoi}uoo--y\y�\sligiyx3—So\dOtlo—£o\}o!AsiCr-Janlroo—SSl9\sjagloJg—pol\s}oa. d\N \suoi6aa\oJnzuod\}au•�'o6uMOJq\\ 'ONI VU33NIJN3 AVJ V NMOU13 3 LasNns z E U) > ................ ........ 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