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.
Date: 7
D.J.Harre 1
Transportation Planning Administrator
OFTFRECORD
CITY SECRETARY
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TEXAS BOARD OF PROFESSIONAL ENGINEERS,FIRM REGISTRATION 1470
SHEET 1 OF 3 FORT WORTH, TEXAS
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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
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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