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Home My WebLink AboutContract 59935Date Received: Aug 17, 2023 Time Received: 7:13 a.m. City Secretary Contract No.: 59935 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS SUMMER CREST - SOUTH HULEN STREET (W. CLEBURNE ROAD) 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 Hawkins Family Joint Venture ("Developer"), a joint venture, 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 the owner of a tract of land within the City of Fort Worth located at 10401 W. Cleburne Road, Fort Worth, Texas 76036 ("Property"); and WHEREAS, Developer is developing the Property by constructing a residential subdivision known as Summer Crest ("Project"); and WHEREAS, in connection with the Project, the City approved a preliminary plat for the Project, PP-20-062; 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 PP-20-062, the City determined that, based upon the increased traffic demands created by the Project, Developer is responsible for constructing paving and storm drainage improvements on South Hulen Street (aka W. Cleburne Road) as more specifically described herein ("Improvements"); and WHEREAS, City Staff have determined that it is not feasible for Developer to construct the Improvements at this time because the right-of-way necessary to construct the majority of the Improvements is located on adjacent property that is not owned by Developer; and WHEREAS, in lieu of the Developer constructing the Improvements pursuant to a community facilities agreement, the City has agreed to construct the Improvement(s) with Developer contributing the funds necessary to construct the Improvements and the City constructing the Improvements at a later time; and WHEREAS, the determination of the amount Developer 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 Developer, acting by and through their duly authorized representatives, do hereby agree as follows: Future Improvements Agreement Paving and Storm Drain Improvements for Summer Crest — South Hulen Street (W. Cleburne Road) Hawkins Joint Family Venture Page 1 of 10 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1. Incorporation of Recitals The City and Developer agree that the foregoing recitals are true and correct, form the basis upon which the City and Developer have entered into this Agreement and are incorporated into this Agreement by reference. 2. Improvements The Improvements shall consist of approximately 1,235 linear feet of paving improvements, with sidewalks and associated storm drain improvements 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, Developer has paid to the City $525,951.00, 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 Developer'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 Developer 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 Developer. 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 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 Future Improvements Agreement Paving and Storm Drain Improvements for Summer Crest — South Hulen Street (W. Cleburne Road) Hawkins Joint Family Venture Page 2 of 10 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: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 DEVELOPER: Hawkins Joint Venture 7201 Hawkins View Drive, Ste. 101 Fort Worth, Texas 76132 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. 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 Future Improvements Agreement Paving and Storm Drain Improvements for Summer Crest — South Hulen Street (W. Cleburne Road) Hawkins Joint Family Venture Page 3 of 10 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 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. 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 Developer. 12. 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. 13. 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 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, 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. 14. Prohibition on Boycotting Energy Companies Developer 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) Future Improvements Agreement Paving and Storm Drain Improvements for Summer Crest — South Hulen Street (W. Cleburne Road) Hawkins Joint Family Venture Page 4 of 10 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, Developer certifies that Developer's signature provides written verification to the City that Developer: (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 Developer 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, Developer certifies that Developer's signature provides written verification to the City that Developer: (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 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. 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. 18. 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. Future Improvements Agreement Paving and Storm Drain Improvements for Summer Crest — South Hulen Street (W. Cleburne Road) Hawkins Joint Family Venture Page 5 of 10 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 v a A� Dana Burghdoff (Aug , 20�23 CDT) Dana Burghdoff Assistant City Manager Aug 16, 2023 Date Recommended by: qu.. Dwayne Hollars (Aug 15, 2023 10:26 CDT) Dwayne Hollars Contract Compliance Specialist Development Services APPROVED AS TO FORM AND LEGALITY Richard A. McCracken (Aug 16, 202314:11 CDT) Richard McCracken Sr. Assistant City Attorney 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. City Secretary Name: Tyson Thompson, PE Title: Assistant Director DEVELOPER: Hawkins Joint Family Venture ste✓e HAwKins steve hawkins (Aug 15, 202310:24 CDT) Steve Hawkins President Aug 15, 2023 Date 4.00avangIl ATTEST: f� F FMir ,, 01.g °'.10d dam° o d OV8 o=d ��d6644 Jannette S. Goodall Future Improvements Agreement Paving and Storm Drain Improvements for Summer Crest — South Hulen Street (W. Cleburne Road) Hawkins Joint Family Venture Page 6 of 10 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A Future Improvements Agreement Paving and Storm Drain Improvements for Summer Crest — South Hulen Street (W. Cleburne Road) Hawkins Joint Family Venture Page 7 of 10 ✓ow ey •,L. nsL.;•,•LZ� 7� Oct �.R. (-. I old- LEGENO a PROPOSED CONCRETE PAVEMEN11S DEINALK ULI IMA It I; WRt It PAVEMENT*IDLINALK I PKUFUSLU ASPHAL I IKAVJ IIUN I P PKUPVLtU KAR•IF _ :Of1YR FP -- PKUPUJtJI.UKtINLEI T� 1'KUKVJtU J I VKN1 LINt 41 r_f 1110YR Fe -_ '•, 1p��R Fp— r li!�I PELOTON IIIII LA— .—TI.KL Future Improvements Agreement Paving and Storm Drain Improvements for Summer Crest — South Hulen Street (W. Cleburne Road) Hawkins Joint Family Venture Page 8 of 10 23 0' 3 _ PARKWAY CROWLEY ISD O w a I M 4:1 I fLY 2.0% SLOPE 1dPx LEGEND CRY LIMITS = 1S' 10 50'OPEN SPACL ROW DEDICATION 80.0• PROPOSED ROW HERITAGE OF FAITH -� 1 3.0' n CHRISTIAN CENTER kl 34.0' RKWAY B-B ROADWAY t T SCREEN WALL 50.0' PRESCRIBED ROW r I w .3 ocl �I o Ix� I 2.0%SLOPEITYP) Max OPE (TYP) °/u SLOPE x 4` r 'r7IIIj'y�AX `EXISTING W CLEBURNE RD �� ROADSIDE DITCH EXISTING EXISTING EXISTING FENCE LINE PROPERTY 2.01 FENCE LINE LINE 1O PROPOSED 10' REINFORCED CONCRETE O PROPOSED 8' STABILIZED SUBGRADE P E LOTO N I�III LAND SOLUTIOHB SECT ON B-B ULT MATE WEST CLEBURNE/HULEN ROAD NOT TO SCALF Sb� s- V=2.15 FPS V=1.87 FPS e•0.77• e•o.w 16• WATER O'W8.42 CFS 0,.-B.42 CFS Summer Crest _ P E LOTO N I I I I I L A N D S 0 L U T 1 0 N S �oD HI —OD PR,vr„-25D 1 FOR, —TH, rF 76177 1 — 552,135D 1 Gross Acres 1,285 LF of 34' B-B (2 Lanes) OPINION OF PROBABLE COST FOR: Summer Crest, Hulen St. Project Number: Prepared For: Date: HCH2O001 Hawkins Custom Homes September 2, 2021 PAVING IMPROVEMENTS ITEM# DESCRIPTION UNIT CITY UNIT PRICE TOTALI 1 9"ConcPvmt SY 3,141 $65.00 $204,165.00 2 6" Lime Treatment SY 3,358 $3.25 $10,912.27 3 Hydrated Lime @ 32lbs/SY SY 60 $185.00 $11,180.88 TOTAL PAVING $226,258.14 STORM DRAIN IMPROVEMENTS ITEM# DESCRIPTION UNIT QTY UNIT PRICE TOTALI 1 21" RCP, Class III LF 120 $60.00 $7,200.00 2 36" RCP, Class III LF 170 $125.00 $21,250.00 3 42" RCP, Class III LF 750 $127.00 $95,250.00 4 10' Curb Inlet LF 8 $3,200.00 $25,600.00 5 4' Storm Junction Box FA 1 $5,000.00 $5,000.00 6 5' Storm Junction Box FA 1 $7,500.00 $7,500.00 7 Remove EAsting Headwall EA 1 $5,000.00 $5,000.00 8 Remove 36" Storm Line LF 60 $30.00 $1,800.00 TOTAL STORM DRAIN $168,600.00 MISCELLANEOUS COSTS I I ITEM # DESCRIPTION UNIT QTY TOTAL 1 Engineering & Surveying LS $47,382.98 $47,382.98 2 PPM Bond (3%of CC) % 3% $11,845.74 3 Inspection Fee (P, SD, SL) % 4% $15,794.33 4 Materials Testing Fee (P, SD, SL) % 2% $7,897.16 5 Geotechnical Testing (1 % of CC) % 1 % $3,948.58 TOTAL MISCELLANEOUS $86,868.79 Construction Costs $394,858 Miscellaneous Costs $86,869 Contingecny Costs (10%) $44,224 TOTAL PHASE HULEN ST COST $525,951 Per LF: $409 Future Improvements Agreement Paving and Storm Drain Improvements for Summer Crest — South Hulen Street (W. Cleburne Road) Hawkins Joint Family Venture Page 10 of 10