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HomeMy WebLinkAboutContract 63188Date Received: 04/29/2025 City Secretary Time Received: 8.02 a.m. Contract No.: 63188 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS FOR W RISINGER ROAD BETWEEN CROWLEY RD AND HEMPHILL STREET 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 Crowley Independent School District ("Developer"), 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 9900 Hemphill Street, Fort Worth, TX 76134 ("Property"); and WHEREAS, Developer is developing the Property by constructing an indoor/outdoor track ("Project"); and WHEREAS, in connection with the Project, the City approved a preliminary plat for the Project, PP-20-052; 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-20-052, the City determined that, based upon the increased traffic demands created by the Project, Developer is responsible for constructing paving, storm drainage and street light improvements on W Risinger Road beginning at its intersection with Crowley Road and extending east approximately 3,900 feet as more specifically described in Exhibit "A" attached hereto and incorporated herein by reference ("Improvements"); 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Future Improvements Agreement Paving and storm Drain Improvements for W Risinger Road between Crowley Rd and Hemphill Street Page 1 of 8 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 the paving, storm drainage and street light improvements as more specifically described in Exhibit `B" 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 $1,356,127.50, which amount represents one hundred twenty-five percent of the estimated cost of designing and constructing the Improvements ("Future Improvement Funds"). The Future Improvement Funds shall serve as the entire amount of Developer's contribution for the cost to design and construct the Improvements. The calculation of the Future Improvement Funds was made as indicated in the following table: Roadway Segment Amount W Risinger Road - 3,900 Linear Feet (one lane) (Z-5) $1,356,127.50 Total $1,356,127.50 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 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 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 design or construct improvements that are located in the vicinity of the Project If some or all of the Future Improvement Funds are used to design or construct such adjacent improvements, City shall be responsible Future Improvements Agreement Paving and storm Drain Improvements for W Risinger Road between Crowley Rd and Hemphill Street Page 2 of 8 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: DEVELOPER: Development Services Crowley Independent School District Contract Management Office 1900 Crowley Pride Drive City of Fort Worth Fort Worth, Texas 76036 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail 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. 8. Headings Future Improvements Agreement Paving and storm Drain Improvements for W Risinger Road between Crowley Rd and Hemphill Street Page 3 of 8 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. 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 Future Improvements Agreement Paving and storm Drain Improvements for W Risinger Road between Crowley Rd and Hemphill Street Page 4 of 8 Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code , 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. To the extent that Chapter 2276 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, 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. 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 W Risinger Road between Crowley Rd and Hemphill Street Page 5 of 8 IN WITNESS WHEREOF, the City and Developer have 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 C�P� Jesica McEachern Assistant City Manager 04/28/2025 Date Recommended by: )01V49wW- Dwayne Hollars Contract Compliance Specialist Planning and Development APPROVED AS TO FORM AND LEGALITY -/- Richard McCracken (Apr 18, 202514:30 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 Z Cannon R. Henry, P.E. Assistant Director Development Services DEVELOPER: Crowley Independent School District (eon.fisher@cr 2.t—s 1eon.fisher@crow1ey.k12A—s(Apr 17, 202514:52 CDT) Leon Fisher Chief Financial Officer 04/17/2025 Date ATTEST:o vnpgn p o F�RT!r°°a Pv= a=d Jannette S. Goodall OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Future Improvements Agreement Paving and storm Drain Improvements for W Risinger Road between Crowley Rd and Hemphill Street Page 6 of 8 EXHIBIT A Future Improvements Agreement Paving and storm Drain Improvements for W Risinger Road between Crowley Rd and Hemphill Street Page 7 of 8 EXHIBIT B DATE: 12/5/2024 FROM: Tom Simerly, PE Attention: Zeetek I _ _ , LLC Subject: Crowley ISD Indoor/Outdoor Track Stadium and Collegiate Academy TIA Review The City of Fort Worth Transportation Development Services Division has reviewed the traffic impact analysis for the proposed c : : . . _ . titled Crowley ISD Indoor/Outdoor Track and Collegiate Academy located south of Risinger Road and west of Hemphill Street in the City of Fort Worth, Texas. Based on the City of Fort Worth traffic impact analysis guidelines, the report accurately __> _ iw the theoretical impact of the proposed development on the area . _ C .. infrastructure. The tract is subject to a review of the Rough P ... � lity and potential construction of roadway improvements identified, based on the site's impact on the City's roadway system. The,.4 ,, : t of responsibility for identified improvements will bed :.: . I by the City and the estimated cost will be compared to the Rough Proportionality. The _ _. _ dations outlined in the TIA and items required by City ordinance, such as curb and gutters, sidewalks, and streetlights along all street frontages, are required. Please note, in accordance with the City of Fort Worth's T � � .. Engineering Manual Section 12.3.2, a TIA update will be required for any previous TIA relating to a d _ _ . pment that is more than two (2) years old, unless C : : . . _ . Services . : . : that traffic volumes and roadway conditions in the study area have not changed significantly. The developer of this site will also be responsible for the following: 1. Execution of a Future I . . _ : t Agreement for one lane of Risinger Road for 3900' from Crowley Road to Hemphill Street in the amount of $1,084,902 x 1.25 = $1,356,127.50 Sincerely, Tom Simerly, PE City of Fort Worth T. Development Services E _ _ .. Services D _ . . _ . DEVELOPMENT SERVICES DEPARTMENT City of Fort Worth • 200 Texas Street • Fort Worth, Texas 76102 Future Improvements Agreement Paving and storm Drain Improvements for W Risinger Road between Crowley Rd and Hemphill Street Page 8 of 8