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Home My WebLink AboutContract 61165Date Received: Mar 22, 2024 City Secretary Time Received: 4:35 p.m. Contract No.: 61165 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS MCPHERSON ROAD (SOUTH OAK GROVE ESTATES) 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 D.R. Horton — Texas, LTD ("Developer"), a Texas limited liability company, 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 purchasing a tract of land within the City of Fort Worth located at the northwest corner of the intersection between McPherson Road and Forest Hill Everman Road in Fort Worth, Texas ("Property"); and WHEREAS, Developer is developing the Property by constructing a residential subdivision on the property ("Project"); and WHEREAS, in connection with the Project, the City approved a preliminary plat for the Project, PP-22-031; 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 the Project, 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 McPherson Road as more specifically described herein ("Improvements"); and WHEREAS, the Developer has submitted construction plans to the City for the construction of the public infrastructure necessary to support the project (IPRC22-0152); and WHEREAS, the City has determined that the due to drainage design constaints, construction of the Improvements by the Developer at this time is not feasible as the striping requirements would result in traffic straddling the proposed new concrete pavement and the existing asphalt pavement for the majority of the taper lengths; 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; Future Improvements Agreement OFFICIAL RECORD McPherson Road (South Oak Grove Estates) CITY SECRETARY D.R. Horton — Texas, LTD Page 1 of 10 FT. WORTH, TX NOW THEREFORE, in consideration of the above recitals, City and Developer, acting by and through their duly authorized representatives, do hereby agree as follows: 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 2,300 linear feet of storm drainage Improvements, 2,300 linear feet of paving Improvements, and 12 street lights 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 $1,205,360.00, 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. The calculation of the Future Improvement Funds was made as indicated in the following table: Roadway Segment Amount McPherson Road - 2,300 Linear Feet $1,205,360.00 (NCO-L2-TO-TWLT-PO-BOP) (Z-16) After this Agreement has been executed, and any right-of-way for the Project has been dedicated to the City, the City and Developer shall negotiate a Transportation Impact Fee Credit Agreement for the items eligible to receive transportation impact fee credit pursuant to the City's Transportation Impact Fee Ordinance then in effect. 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 not have any 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 Future Improvements Agreement McPherson Road (South Oak Grove Estates) D.R. Horton — Texas, LTD Page 2 of 10 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 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 conies 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: D.R. Horton — Texas, LTD 6751 North Freeway Fort Worth, Texas 76131 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 Future Improvements Agreement McPherson Road (South Oak Grove Estates) D.R. Horton — Texas, LTD Page 3 of 10 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 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. Future Improvements Agreement McPherson Road (South Oak Grove Estates) D.R. Horton — Texas, LTD Page 4 of 10 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) 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, as applicable, 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. Future Improvements Agreement McPherson Road (South Oak Grove Estates) D.R. Horton — Texas, LTD Page 5 of 10 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. [SIGNATURES ON FOLLOWING PAGE] Future Improvements Agreement McPherson Road (South Oak Grove Estates) D.R. Horton — Texas, LTD Page 6 of 10 IN WITNESS WH REOF, 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 zwia ruivGtcf # Dana Burghdoff(Mar tf, 20241Q56 CDT) Dana Burghdoff Assistant City Manager Mar 21, 2024 Date Recommended by: —Q,,." Dwayne Hollars (Mar 18, 2024 08:31 CDT) Dwayne Hollars Contract Compliance Specialist Planning and Development APPROVED AS TO FORM AND LEGALITY Richard McCracken (Mar 20, 202415:11 CDT) Richard McCracken Sr. Assistant City Attorney 49��aon °' FORt ATTEST: a4 .0d °moo o=°o �cpS2vxs aa4b nezo5aa� Jannette S. Goodall City Secretary Future Improvements Agreement McPherson Road (South Oak Grove Estates) D.R. Horton — Texas, LTD Page 7 of 10 EVELOPER: D.R. Horton — Texas, LTD A Texas limited partnership By: D.R. Horton, Inc., A Delaware corporation Its authorized agent Justin Bosworth Assitant Secretary 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. Tyxompson( r20,202414:27CDT) Name: Tyson Thompson, PE Title: Assistant Director OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 10 9 8 7 6 5 4 3 2 I SO REQUIRED F02 6pA)IA05 A I / ULTIMATE CONDITION LEE V SCOTL ET UX I 1 V VOL 12997, ED 403 I 1X O.P.R.T.C.T.__—'X— 1525 MCPHERSON ROAD ✓� ewoREexone ex one � 1 LU i R ..—`— EXISTING ROW / ---TAPER ------------------- -------------------------------- �.-------------_ --------------- - - - - - - - -- U END 495 TAPER--.... —��^�----v------ T _ _ _ - - � / ULTIMATE ROAD CENTERLINE) , BEGIN 495' � � '-TAPER EXISTING ROAD CENTERLINE - EXISTING 12" GAS LINE exoRe ex.�nE Ex.onE E-d^E - Exo BEGIN 495' TAPER one PROPOSED a;o� PAVEMENT EDGE m -- - - -- - - - -- -- -- - FUTURE ROW -------_'-`-- MEI NVESWENTE, L.P. EXISTING ROW m' <' CALLED 6876 ACRES CC# D218243662 O.P.R. TC.T n I I ------------ ----- I J ¢ I I =Z 1� I o> W I LL W I L----———_—-- _EXISTING 48`RCP-_ I E. "" I � I Z— J-TAPER END =I---------_----------------- ----_ 495'TAPER ---------- QI EXISTING ROAD CENTERLINE PROPOSED PAVEMENT EDGE xULTIMATE ROAD CENTERLINE 11 o E _ ex�one gone exane TxoRE I - - - - FUTURE ROWS A I MEI INVESTMENTS, LP U' CALLED 6876 ACRES CC/ D218243662 OR R.TCT EXISTING ROW I 8e 0o scnee ,•=w• 90 PR O b= N�.son�.auo $e p SOUTH OAK GROVE MCPHERSON ROAD 6 9i2023 SECTION A -A + r - IIIIIIIIII IIIIIII I IIIII I� IIIIII Illlllllil I � c IIIIIIIIII IIIIIIIIII HIIIIII II y ,�- 670 Hi +FF 670 670 H-Ii N rN+ x 670 ++++++FFH H+FH-FH-F _ u �+Ht�H H)(S H1111-FH-F 1P1(--' q' jr H H � � IIIIIIIII I .IIIIIIIII 665 _ _ -" IIIIIIIIII IIIIIIIIII 665 FFH-H+H-F 665 -_ ! _' — -'' _J- IIIIIIIII I IIIIIIIIII 665 - 1`�fti IIIIIIIIII-"' IIIIIIIIII u�jcr�U—' IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIII IIIIIII' I IIIIII IIIIIIIIII IIIIIIIII 111 IIIIIIIIII IIIIIIIIII 1/GI11 IIIIIIIIII IIIII IIIIIIIIII 660 IIIIIIIIII 11111111.1 660 660 IIIIIIIIII 660 0+0(, )+.,G + )G 0+aL, )+5(, SECTION B-B � +HI 670 670 670 670 IIIIIII `< Q H �'lllllllll III IIIIIII[Z J Y/IIIIIII 7, IIIIIIIFfl IIIIIIIIII -� ,IIIIIIIIII IIIIIIIII I �I' illlllllll IIIIIIIIII IIIIIIIIII 665:111111111 IIIII" IIIII 665 I 665 Hill IIIIIIIIII 111111111:665 IIIIIIIIII _ IIIIIIIIII` l _Illlllli�l _ l IIIIIIIIII IIIIIIIIII IIIIIIIIII ?�,-�, � -_ ,( IIIIIIIIII I � � IIIIIIIII I -IIIII IIIII IIIII IIIIIIIIII -rri+�-__� - IIIII IIIIIIIIII IIIIIIIIII IIIIIIIII -� IIIIIIIIII IIIIIIIIII IIIIIIIIII _ -vl� I(I _ _ �`vJ L IIIIIIIIII IIIIIIII': IIIIII '1111111I _ 660 IIIIIIIIII 1111I' 660 660 1111111 660 IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIII . 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IIIIIIIIII 660 IIIIIIIIII IIIIIIIIII IIIIIIIIII 660 +++++++FH IIIIIIIIII IIIIIIIIII 1111111111 660 �HHMHiiiiiiiiii !"Mill -__._r- tHii+fl-H 111111111'`, IIIIIIIIII IIIIIIIIII \ ''__ �! ---� � -� IIIIIIIIII IIIIIIIIII H++++H++-� IIIIIIIIII �-�r � � :.IIIIIIIIII � ,�-�_---� - '" IIIIIIIIII v IIIIIIIII _ IIIIIIIIII � ' n►� I(. � i,�.�� r IIIIIIIIII IIIIIIIIII IIIIIIIII IIIIIII III IIIIIIIIII V , � ,� IIIIIIIII I IIIIIIIII a 655 IIIIIIIII IIIIIIIIII 111111111'' 655 IIIIII III 655 111111111 IIIIIIIII \ _ t f 5 IF (; G C1U U 1111111111 655 IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIII \ ' '' IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIII '/ri IIIIIIIIII \ ' Illi'll I I � ' " I IIIIII mo 0+ l6 )+56 IIIIIIIIII .+ )(, IIIIIIIII 0+06 I II"I 0+50 + )G SOUTH OAK GROVE MCPHERSON ROAD ( SECTIONS) W9/2023 SOG - McPherson Opinion of Probable Cost 11/9/2023 Prepared by: Pape -Dawson Engineers, Inc. 201 Main Street, Suite 901 Fort Worth, TX 76102 817-870-3668 McPherson Improvements PAVING IMPROVEMENTS ■ PAPE-DAWSON r ENGINEERS ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 Site Clearing 1 LS $5,000.00 $5,000.00 2 Remove Asphalt Pvmt 53 SY $20.00 $1,060.00 3 Temporary Asphalt Paving Repair 265 SY $110.00 $29,150.00 4 Medium Stone Riprap, dry 138 SY $137.00 $18,906.00 5 Hydrated Lime (48/SY) 84 TN $300.00 $25,200.00 6 8" Lime Treatment 3,516 SY $4.00 $14,064.00 7 10" Conc Pvmt 3,240 SY $80.00 $259,200.00 8 Conc Sidewalk 9,781 SF $7.00 $68,467.00 10 Barrier Free Ramp, Type P-1 4 EA $2,750.00 $11,000.00 11 Block Sod Placement 2,489 SY $5.50 $13,689.50 12 Topsoil (Finishing Parkways & Medians) 415 CY $4.10 $1,701.50 13 10' Curb Inlets 5 EA $6,700.00 $33,500.00 14 24" RCP, Class III 125 LF $90.00 $11,250.00 15 36" RCP, Class III 2,194 LF $150.00 $329,100.00 16 36" SET, 2 pipes 2 EA $7,500.00 $15,000.00 17 Street Lights 12 EA $6,500.00 $78,000.00 18 Pavement Marking 1 LS $15,000.00 $15,000.00 19 Traffic Control 3 MO $10,000.00 $30,000.00 20 SWPPP >_ 1 acre 1 LS $5,000.00 $5,000.00 TOTAL = $964,288.00 SUMMARY OF IMPROVEMENTS PAVING IMPROVEMENTS CONTINGENCY (25%) ENGINEERING AND SURVEY (6%) INSPECTION AND TESTING (6%) $964,288.00 $964,288.00 $241,072.00 TOTAL IMPROVEMENTS = $1,205,360.00 $57,857.28 $57,857.28 TOTAL SOFT COST = $115,714.56 TOTAL PHASE COST = $1,321,074.56 SAprojects\613\05\01\2.0 Design\2.4 Civil\2.4.7 OPC-QTO\McPherson\McPherson OPC.xlsx Page 1 of 1