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HomeMy WebLinkAboutContract 58171 Date Received: 09/30/22 City Secretary Time Received: 10:19 am Contract No.: 58171 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS Paving, Storm Drain and Street Lights Improvements for AHS—Alemeda 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 ALEMEDA POINT,LLC,a Florida limited liability company ("Owner"),acting by and through its duly authorized representative. City and Owner are referred to herein individually as a"party" and collectively as the "parties." WHEREAS, Owner is the owner of a tract of land within the City of Fort Worth located at 9580 Westpoint Blvd.,Fort Worth,Texas 76108 ("Property"); and WHEREAS, Owner is constructing a multifamily residential project known as AHS —Alemeda ("Project");and WHEREAS, in connection with the Project, the City approved a preliminary plat for the Project, AHS-Alemeda;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, in review of AHS — Alemeda, the City determined that, based upon the increased traffic demands created by the Project, Owner is responsible for constructing paving, storm drainage, and street light improvements on Westpoint Boulevard for approximately 600 linear feet as more specifically described herein("Improvements"); and WHEREAS,there is approximately 2,000 linear feet of Westpoint Boulevard to be constructed as land develops west of the Project and approximately 1,400 linear feet of Westpoint Boulevard to be constructed as land develops cast of the Project; and WHEREAS, City staff have determined that because Developer's responsibility for construction of Westpoint Boulveard represents only 15% of the roadway construction of this section of Westpoint Boulevard,a future improvements agreement should be executed with Developer and the Improvements in this Agreement will be constructed when Westpoint Boulevard is constructed as the land to the east or west of the Project develops; and WHEREAS, in lieu of the Owner constructing the Improvements pursuant to a community facilities agreement,the City has agreed to construct the Improvement(s)with Owner contributing the funds necessary to construct the Improvements and the City constructing the Improvements at a later time; and OFFICIAL RECORD Future Improvements Agreement Paving,Storm Drain and Street Light Improvements for AHS—Alemeda CITY SECRETARY Alemeda Point,LLC FT. WORTH, TX Page 1 of 8 WHEREAS,the determination of the amount Owner pays to the City pursuant to this Agreement for construction of the Improvements is not an assessment pursuant to Chapter 313 of the Texas Transportation Code; NOW THEREFORE, in consideration of the above recitals, City and Owner, acting by and through their duly authorized representatives,do hereby agree as follows: 1. Incorporation of Recitals The City and Owner agree that the foregoing recitals are true and correct,form the basis upon which the City and Owner have entered into this Agreement and are incorporated into this Agreement by reference. 2. Improvements The Improvements shall consist of paving, storm drain and street light infrasrtucture as more specifically described in Exhibit"A"which is attached hereto and incorporated herein by reference. 3. Future Improvement Funds Concurrently with the execution of this Agreement,Owner has paid to the City$381,788.51,which amount represents one hundred twenty-five percent of the estimated cost of constructing the Improvements ("Future Improvement Funds"). The Future Improvement Funds shall serve as the entire amount of Owner's contribution for the cost to construct the Improvements. 4. Construction of Improvements The City may construct, or cause to be constructed,the Improvements at a time convenient to the City provided that adequate public funds,including the Future Improvement Funds,for construction of the Improvement are secured. 5. Use of Future Improvement Funds By accepting the Future Improvement Funds and by execution of this Agreement,City agrees that the Owner will have no further obligation to pay any amounts in addition to the Future Improvement Funds or take any further action with regard to the construction of the Improvements,even if. (a)the actual costs to construct the Improvements exceeds the costs expected by the City as of the date of this Agreement;(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 (d)the costs or scope of the Improvements change for any reason.No refund of any balance of the Future Improvement Funds shall be made by City to Owner. Notwithstanding anything to the contrary herein, City may use the Future Improvement Funds to construct improvements that are located in the vicinity of the Project that address transportation demands caused by the Project. If some or all of the Future Improvement Funds are used to construct such adjacent Future Improvements Agreement Paving,Storm Drain and Street Light Improvements for AHS—Alemeda Alemeda Point,LLC Page 2 of 8 improvements, City shall be responsible for constructing or causing the construction of the Improvements contemplated by this Agreement at a time convenient to the City. 6. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: OWNER: Development Coordination Office Alemeda Point,LLC City of Fort Worth 5717 South Legacy Drive, Suite 250 200 Texas Street Plano, Texas 75024 Fort Worth, Texas 76102 Attention: Cary Fisher Telephone: (582)730-6508 Email: cfisher(aliveresia.com With copies to: With copy to: City Attorney's Office Stearns Weaver Miller Weissler City of Fort Worth Alhadeff& Sitterson, PA 200 Texas Street 150 West Flagler Street, Suite 2200 Fort Worth, Texas 76102 Attention: Barbara J. Ferrer, Esq. Telephone: 305-789-3312 Email: bferrerksteamsweaver.com and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 7. 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. Future Improvements Agreement Paving,Storm Drain and Street Light Improvements for AHS—Alemeda Alemeda Point,LLC Page 3 of 8 8. 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. 9. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 10. Review of Counsel City and Owner,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. 11. 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 Owner. 12. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Owner, and any lawful assign or successor of Owner, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 13. Prohibition on Boycotting Israel Owner 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 meanings 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,Owner certifies that Owner's signature provides written verification to the City that Owner: (1) does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement. Future Improvements Agreement Paving,Storm Drain and Street Light Improvements for AHS—Alemeda Alemeda Point,LLC Page 4of8 14. Prohibition on Boycotting Energy Companies Owner acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2),the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company with 10 or more full-time employees, unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Owner certifies that Owner's signature provides written verification to the City that Owner: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 15. Prohibition on Discrimination Against Firearm and Ammunition Industries Owner acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees)unless the contract contains a written verification from the company that it: (1)does not have a practice,policy,guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Owner certifies that Owner's signature provides written verification to the City that Owner: (1)does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 16. Signature Authority The person signing this Agreement on behalf of Owner warrants that he or she has the legal authority to execute this Agreement on behalf of the Owner 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. 17. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original,but which together will constitute one instrument. Future Improvements Agreement Paving,Storm Drain and Street Light Improvements for AHS—Alemeda Alemeda Point,LLC Page 5of8 18. Entire Agreement This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the City and Owner, 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 Paving,Storm Drain and Street Light Improvements for AHS—Alemeda Alemeda Point,LLC Page 6of8 IN WITNESS WHEREOF,the City and Owner 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 OWNER: ALEMEDA POINT,LLC Oana aLrandoAc Dana Burghd off(5ep 29,202210:48 CDT) Ricardo Blas(Sep 23,202214:31 CDT) Dana Burghdoff By: Ricardo Blas Assistant City Manager Its: Authorized Respresentative Sep 29, 2022 Sep 23, 2022 Date Date Recommended by: Dwayne Hollars(Sep 23,2022 15:43 CDT) Dwayne Hollars Contract Compliance Specialist Planning and Development APPROVED AS TO FORM AND LEGALITY Richard A.McCracken(Sep 29,2022 09:31 CDT) FAO` �oR r 4 O0-0 Richard McCracken 9A o o0 Sr.Assistant City Attorney d 0 0 0 O o o Zd 000 0 *� Contract Compliance Manager: ATTEST: dda�rEXAsoap By signing,I acknowledge that I am the �nnan44 person responsible for the monitoring and administration of this contract,including ensuring 7GlblblG��G cs C7000�G1� all performance and reporting requirements. Jannette S.Goodall(Sep 29,202216:43 CDT) Jannette S. Goodall City Secretary Name: Tyson Thompson,PE Title: Assistant Director OFFICIAL RECORD CITY SECRETARY Future Improvements Agreement FT. WORTH, TX Paving,Storm Drain and Street Light Improvements for AHS—Alemeda Alemeda Point,LLC Page 7of8 EXHIBIT A Future Improvements Agreement Paving,Storm Drain and Street Light Improvements for AHS—Alemeda Alemeda Point,LLC Page 8of8 #10900067 v1 PUBLIC IMPROVEMENTS TO SERVE CPN NO.X AHS ALEM EDA MAPSCO NO.TAR-02ND l � Q W; PROJECT U' Q LOCATION -' WEST i Pony I _w SETTLEMENT WEATHERFORD FnRT`, _---- SITE LOCATION MAP GRAPHIC SCALE IN FEET OWNED/DEVELOPED BY: 0 500 1000 2000 9580 WESTPOINT PARTNERS,LLC 904 WEST AVE,APT 107 AUSTIN'TX 78701 CONTACT:X PHONE:X m e >>> o r n 801 CHERRY ST,UNIT 11,SUITE 1300 FORT WORTH,TX 76102 (817)335_6'11 CITY PROJECT N0.X STATE OF TEXAS REGISTRATION NO.F-928 i ' f ' 10 I ' cai Tpol B, N _V ----------------- LEGEND PROPOSED 10"CONCRETE PAVEMENT NORTH PROPOSED 8"CONCRETE DRIVEWAY GRAPHIC SCALE IN FEET 0 50 100 200 PROPOSED 4"CONCRETE SIDEWALK PROPOSED SEED/SOD OWNED/DEVELOPED BY: 9580 WESTPOINT PARTNERS,LLC 904 WEST AVE,APT 107 AUSTIN,TX 78701 CONTACT:X PHONE:X EXHIBIT B: FUTURE ROADWAY IMPROVEMENTS TO WESTPOINT BLVD - PAVING Kimley*Horn I t m� lij I I ICE I 15'RECESSED I I CURB INLET I I DRAINORM 15'RECESSED CURB INLET - _, 36"STORM / vl " Rr _ DRAIN ESA'•__. NORTH GRAPHIC SCALE IN FEET 0 50 100 200 OWNED/DEVELOPED BY: 9580 WESTPOINT PARTNERS,LLC 904 WEST AVE,APT 107 AUSTIN,TX 78701 CONTACT:X PHONE:X EXHIBIT B1 : FUTURE ROADWAY IMPROVEMENTS TO WESTPOINT BLVD - STORM DRAIN Kimley)»Horn m� Uj 1 I 1 I ^^ PROPOSED STREET LIGHT l.J 4 PROPOSED I� I STREET LIGHT I I PROPOSED tt _ STREET LIGHT T Bl Vp =,I- NORTH GRAPHIC SCALE IN FEET 0 50 100 200 OWNED/DEVELOPED BY: 9580 WESTPOINT PARTNERS,LLC 904 WEST AVE,APT 107 AUSTIN,TX 78701 CONTACT:X PHONE:X EXHIBIT C: FUTURE ROADWAY IMPROVEMENTS TO WESTPOINT BLVD - STREETLIGHTS Kimley>»Horn 3 AHS Alemeda �- Westpoint Boulevard Preliminary Roadway Project Cost Projection Kimley>>��u torn Project Information: Description: JUNE 2022, Name: WESTPOINT BOULEVARD Limits: ALONG SOUTHERN PROPERTY FRONTAGE Preliminary Opinion of Probable Construction Cost for Class: NCO-L3-TO-NTMS-PO-BOP(130) proposed roadway Length(If): 580 Roadway Item Description Quantity Unit Unit Price* Item Cost 2605.3015 2"CONDT PVC SCH 80(T) 900 If $ 9.50 $ 8,550 2605.3016 2"CONDT PVC SCH 80(B) 100 If $ 91.58 $ 9,158 3125.0101 SWPPP>1 acre 1 Is $ 6,663.13 $ 6,663 3223.0101 Unclassified Street Excavation 1,933 cy $ 13.20 $ 25,520 3211.0502 8"Lime Stabilization(with Lime @ 48*sy) 1,796 By $ 3.63 $ 6,519 3211.0400 Hydrated Lime 27 to $ 154.15 $ 4,153 3213.0105 10"Concrete Pavement 1,708 sy $ 61.10 $ 104,359 3213.0103 8"Concrete Pavement 88 By $ 48.10 $ 4,233 3213.0301 4"Sidewalk 5,135 sf $ 5.41 $ 27,780 3213.0506 Barrier Free Ramp 2 ea $ 1,485.33 $ 2,971 3292.0400 Seeding,Hydromulch 448 sy $ 1.18 $ 529 3291.0100 Topsoil I 75 Cy $ 22.66 $ 1,692 3217.0003 4"BRK Pvmt Marking HAS(W) 580 If $ 2.05 $ 1,189 3305.0103 Exploratory Excavation of Existing Utilities 10 ea $ 1,491.08 $ 14,911 3341.0309 36"RCP,Class III 577 If $ 67.81 $ 39,126 3349.6002 15'Recessed Inlet 2 ea $ 4,833.21 $ 9,666 3441-1408 NO 2 Insulated Elec Condr 3,000 If $ 1.30 $ 3,900 3441.1502 Ground Box Type B,w/Apron 4 ea $ 435.57 $ 1,742 3441.1645 Furnish/Install Type 33A Arm 3 ea $ 280.00 $ 840 3441.1772 Furnish/Install 240-480 Volt Single Phase Transocket Metered Pedest 1 ea $ 7,500.00 $ 7,500 3441.3051 Furnish/Install LED Lighting Fixture(137 watt ATB2 Cobra Head) 3 ea $ 1,344.87 $ 4,035 3441.3302 Rdwy Illum Foundation TY 3,5,6,and 8 3 ea $ 1,129.98 $ 3,390 3441.3352 Furnish/Install Rdway IIIum TY 18 Pole 3 ea $ 1,900.00 $ 5,700 3471.0001 Traffic Control 3 mo $ 3,768.26 $ 11,305 Unit price per City of Fort Worth Ordinance 23657-05-2019 Paving Subtotal: $ 305,431 Construction Contingency: 1 25% $ 76,358 Construction Cost TOTAL: $ 382,000 The Engineer has no control over the cost of labor,materials,equipment,or over the Contractors methods of determining prices or over competitive bidding or market conditions.Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineers judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals, bids,or actual construction costs will not vary from its opinions of probable costs. 114 t51fi �: � 51Sx 10 rSt'3 15 1 See Nola 4 t 14 i4 k below K1FTW Civ h064562415-AHS AlemedalFuture Improvement AgreementlOPCC\Westpoint Boulevard-OPCC-City Unit Prices.Xis Project A 5/31/2022 5:48 PM