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Home My WebLink AboutContract 54135 07/14/20 CSC No.54135 8:20 AM FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS Newberry Point Hulen Rd. WHEREAS, the City of Fort Worth ("City") has entered into that certain Community Facilities Agreement (CFA19-0135) ("CFA") with Pulte Homes of Texas, LP ( "Developer"); and WHEREAS, the CFA includes Developer's proportionate share of the construction of Paving,Storm Drain,Street Lights, Street Sign a portion of which is within West Cleburne and Hulen Rd, as shown on Exhibit A and WHEREAS, in lieu of the Developer, pursuant to the CFA, constructing those certain improvements for Newberry Point Hulen Rd for Newberry Point Hulen Rd Paving,Storm Drain, Street Lights , Street Sign within West Cleburne and Hulen Rd, as shown on Exhibit B (the "Improvement"), City will instead construct the Improvement(s) as part of future/Newberry Point Hulen Rd work ("World'), with Developer contributing those funds it would have spent to construct the Improvement and the City performing the Work at a later time; and WHEREAS, Developer desires to provide to the City funds in the amount $ 201,392.76 ("Developer Funds") for the City to construct the Improvement as part of the Work; and WHEREAS, The City agrees to accept the Developer Funds and to construct the Improvement; and WHEREAS, the determination of the amount of Developer's Funds is not an assessment pursuant to Chapter 313 of the Texas Transportation Code; NOW THEREFORE, in consideration of the above recitals, incorporated herein for all purposes, City and Developer, acting by and through their duly authorized representatives, do hereby agree as follows: 1. The City may construct (or cause to be constructed) the Improvement at a time convenient to the City provided that adequate public funds, including the Developer Funds, for construction of the Improvement are secured. ^Developer Funding Agreement—Newverry Point Hulen CFA CO` SECRETARY Page 1 of 4 2. Concurrently herewith, Developer has paid to the City the amount of $201,392.76, such Developer Funds, the Developer and City agree, are the entire amount of Developer's contribution for the cost to construct the Improvements. By accepting the Funds and by execution of this Agreement, City agrees that the Developer will have no further obligation to pay any amounts in addition to the Developer Funds or take any further action with regard to the construction of the Improvement, even if (a) the actual costs to construct the Improvement exceeds the costs expected by the City as of the date of this Agreement, (b) the specifications, composition, or other characteristics of the Improvement hereafter change for any reason, (c) a mistake has been made (mutual or unilateral) in computing the costs of the Improvement or otherwise, or (d) the costs or scope of the Improvement change for any reason. 3. This Agreement shall be binding upon and inure to the benefit of the City and Developer and their respective successors and assigns. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the parties hereto, and may not be amended except by a writing signed by all parties and dated subsequent to the date hereof. 4. The City will use its best reasonable efforts to construct the Improvement without undue delay, but City's construction will be subject to City securing the additional funding which may be necessary to fully construct the Work. 5. Developer unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Consultant has 10 or more full time- employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a compan 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' shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Developer Funding Agreement—Newverry Point Hulen CFA Page 2 of 4 Executed by each party's duly designated and authorized representative; effective as of the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH DEVELOPER: Pulte Homes of Texas, L.P. A Texas Limited Partnership By: Pulte Nevada I, LLC A Delaware Limited Liability Company Its General Partner law&U6- �E Curt millwarci Dana Burghdoff(Ju 13,2020 :31 CDT) Curt Millward(Jul 13,202010:03 CDT) Dana Burghdoff Curt Millward Assistant City Manager Division Director of Land Development Jul 13,2020 Date Date ATTEST: .�� Mary J. Kayser City Secretary r 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 Z-1-1 � Z APPROVED AS TO FORM Laurie Lewis(Jul 13,202012:27 CDT) Ham, Interim Planning Manager ae.tete DBlack(Ju1-13,202012:25CDT) Laurie Lewis Douglas W. Black Sr. Assistant City Attorney OFFICOAi?RECOR® Developer Funding Agreement—Newverry Point Hulen CFA CITY SECRETARY Page 3 of 4 FT WORTH,TX EXHIBITS Developer Funding Agreement—Newverry Point Hulen CFA Page 4 of 4 2/4/2020 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE Hulen Road(Newberry Point) UNIT PRICE BID Bidders's Application Project Item Information Engineer's Estimate Bidlist Item Specification Unit of Description Bid Quantity Unit Price Bid Value No. Section No. Measure STORM DRAIN IMPROVEMENTS 3341.0302 30"RCP,Class III 3341 10 LF 134 $78.63 $10,536.42 3341.0208 27"RCP,Class III 3341 10 LF 162 $84.21 $13,642.02 3341.0201 21"RCP,Class III 3341 10 LF 48 $67.49 $3,239.52 3349.5001 10'Curb Inlet 33 49 20 EA 1 $3,822.89 $3,822.89 241.4401 Remove Headwall/SET 0241 14 EA 1 $1,754.96 $1,754.96 3305.0109 Trench Safety 3305 10 LF 344 $1.12 $385.28 STORM DRAIN TOTAL $33,381.09 PAVING IMPROVEMENTS 3213.0105 10"Conc Pvmt 32 13 13 SY 851 $61.10 $51,996.10 3213.0301 4"Conc Sidewalk 32 13 20 SF 4,791 $5.41 $25,919.31 3211.0502 8"Lime Treatment 32 11 29 SY 894 $3.63 $3,245.22 3211.04 Hydrated Lime 32 11 29 TN 16 $154.15 $2,466.40 241.11 Remove Asphalt Pvmt 0241 15 SY 1,417 $6.93 $9,819.81 3217.0008 4"SLD Pvmt Marking Tape(Y) 32 1723 LF 432 $3.28 $1,416.96 3217.0004 4"BRK Pvmt Marking HAS(Y) 32 17 23 LF 432 $1.43 $617.76 3291.01 Topsoil 3291 19 CY 128 $22.66 $2,900.48 3292.04 Seeding,Hydromulch 3292 13 SY 1,153 $1.18 $1,360.54 3471.0001 Traffic Control 3471 13 MO 2 $3,768.26 $7,536.52 9999.0019 Unclassified Excavation 00 00 00 CY 698 $3.00 $2,094.00 PAVING TOTAL $109,373.10 STREET SIGNS 3441.4006 lInstall Alum Sign Ground Mount 1 3441 30 EA 1 1 $410.16 $410.16 STREET SIGNS TOTAL $410.16 STREET LIGHTS 9999.0018 IStreetLights 1 34 41 20 1 EA 1 2 $4,500.001 $9,000.00 STREET LIGHTS TOTAL $9,000.00 Bid Summary Base Bid Storm Drain Improvements $33,381.09 Paving Improvements $109,373.10 Street Signs $410.16 Street Lights $9,000.00 TPW Inspection Fee $5,726.57 TPW Material Testing $2,863.29 Street Light Inspection Cost $360.00 Total Base Bid $161,114.21 Contingency 25% 1 1 1 $40,278.55 $40,278.55 Total Bid $201,392.76 ilglgx3 uelnH 9009Uld EZOl6lOZ\3!gl4x3 peas uelnH\sllq!Llx3\IIAIO\6e9eyd\Aelle)I 9009111d\90f\:J w J Q U U) O O z aVOii 3NdnE]310 M Q1 Nfl . M02l0 3N2lf18310 al0 M 0 a 0 w w z w D m w aVON N31nH S U O o a >� L a 0 z za z z WOE 3NV1 0031a OHONVa O o W 3 ' Lu> O CO Z o ww Mo w w w U Uw g J z 0 �� o a �o � a LLO WN IL Wa �LL iL U 0 LL 0 uw~i tisyJ Z = OJ M J e W = J Wd SC:6 OZOZ/6/L:swl1/eie0 iald TH' 0+00.00 WEST CLEBURNE-HULEN ROAD L NE CONNECT TO EXISTING PAVEMENT BEGIN TRANSITION FROM 40'B-B TO 36'B-B I E 2 LEGEND 13 PHASE 1 0 P-111 11 1 IN111TI 1— —E.ENT a1I.P.— TAreI Eo re asoE ULTIMATE IMPROVEMENTS WEST CLEBURNE/HULEN ROAD —T—E 16 17 18 EX.27 RCP 12 B6.9'ROW I 27"RCP 4'x4'JUNCTION 12 1 10 9 8 7 BOX ULTIMATE ---10'INLET 7 10ANLET N-BERNY POINT l"llE I 21"RCP 21 RCP ULTIMATE ROW 2 1.11PoicnnoN OF FORT—TH 0 4'x4'JUNCTION `-30"RCP TIRIINTCOUNTO BOX —ULTIMATE DROP INLET 7 21"RCP 16"WATER LINE TO BE 9 ER LINE To BE WITH W R INCLUDED WITH NEWBERRY INFRASTRUCTURE JPLANS o 30"RCP L T 0 101 INLET �31 EllC Tl- I T PHASE 4 IMPROVEMENTS ULTIMATE 10A l INLET 21 2 1 2 RCP 21"RCP " TI 1 2 L 24 23 30"RCP T 11 16"WATER LINE TO BE INCLUDED WITH NEWBERRY ix NFRASTRUCTURE PLANS 200' 400' U0'INLETLTIMATE 10 1 .1 INL 1E T' 1 -- 21"RCP 21"RCP LEGEND 9141.10 WEST CLEBURNE-HULEN ROAD f PROPOSED CONCRETE I END CONCRETE PVMT SECTION PAVEMENT/SIDEWALK 36"RCP BEGIN ASPHALT TRANSITION ULTIMATE CONCRETE PAVEMENT/SIDEWALK O PROPOSED ASPHALT TRANSITION PROPOSED RAMP 36"SLOPED END --_PC STA 11+41.38 m PROPOSED CURB INLET HEADWALL END ASPHALT TRANSITION PROPOSED STORM DRAIN PROPOSED HEADWALL EXISTING ASPHALT ROAD PROPOSED STREET LIGHT FUTURE IMPROVEMENT COST ESTIMATE IS SHOWN AS PROPOSED IMPROVEMENTS ON THIS EXHIBIT NEWBERRY POINT 0. 100, 20 E PE OTON EXHIBIT B:WEST CLEBURNE/HULEN ROAD 0, % FORT M—,—COU— LAND SOLUTIONS FORT o