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HomeMy WebLinkAbout065230 - Construction-Related - Contract - SJ Rainbow Ridge Development, LPDate Received: 05/21 /2026 City Secretary Time Received: 4:55 p.m. Contract No.: 65230 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS RALL RANCH RIGHT TURN LANE 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 SJ Rainbow Ridge Development, LP ("Developer"), a Texas limited partnership, 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 7101 Dutch Branch Road, Fort Worth, Texas 76132, as reflected in Exhibit "A," attached hereto and incorporated herein by reference ("Property"); and WHEREAS, Developer is developing the Property by constructing the Rall Ranch development("Project"); and WHEREAS, the City approved the preliminary plat for the Project (PP-24-066) and execution of this Agreement is a condition for approval of the final plat application for the Project (FP-25-102; the "Final Plat"); 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, during the traffic impact analysis phase for the Project, identified as TIA-24-00056, the City determined that, based upon the increased traffic demands created by the Project, Developer is responsible for thirty-four percent (34%) of the total cost of roadway improvements consisting of a northbound right turn lane on Harris Parkway at Dutch Branch Road, as more specifically described in Exhibits "B", "C", and "C-1," 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: Future Improvements Agreement OFFICIAL RECORD Rall Ranch Right Turn Lane CITY SECRETARY SJ Rainbow Ridge Development, LP Page 1 of 13 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 the construction of a northbound right turn lane on Harris Parkway at Dutch Branch Road, including any associated paving, street lighting, street signage, related infrastructure improvements, and soft costs, as more specifically described in Exhibits "B," "C," and "C- 1," attached hereto and incorporated herein by reference. Developer's obligation under this Agreement is limited to payment of thirty-four percent (34%) of the cost of the Improvements, plus an additional twenty- five percent (25%) as required by the CFA Ordinance. 3. Future Improvement Funds Concurrently with the execution of this Agreement, Developer has paid to the City $101,303.00, which amount represents one hundred twenty-five percent of Developer's portion of the total 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 calculations of the Future Improvement Funds is set forth in Exhibit "D" and is reflected in the following table; Improvements Amount Right Turn Lane on Harris Parkway Dutch Branch Road $101,303.00 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 Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 2 of 13 (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: leiIVA Development Coordination Office City of Fort Worth 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 I>OLIVAaIto] 90.9-4 SJ Rainbow Ridge Development, LP 7201 Hawkins View Dr., Suite 101 Fort Worth, TX 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. Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 3 of 13 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. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 4 of 13 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, as applicable, 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 Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 5 of 13 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 the following page] Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 6 of 13 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 AMWIIIA- Dianna Giordano (May 21, 2026 16:08:40 CDT) Jesica McEachern Assistant City Manager 05/21 /2026 Date Recommended by: Iroorlol Rios Leonel Rios (May 14, 2026 12:11:38 CDT) Leonel Rios Sr Contract Compliance Specialist Development Services APPROVED AS TO FORM AND LEGALITY.• Jessika Williams Assistant City Attorney �.6ovvggq� ATTEST: Pao �o9=a i1 ggnaa'a�' Jannette S. Goodall City Secretary Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 7 of 13 DEVELOPER: SJ RAINBOW RIDGE DEVELOPMENT, LP, a Texas limited partnership By: SJ RAINBOW RIDGE, LLC, its General Partner sH v e- Hla,wIcuw By: Steve Hawkins (Mav 14. 2026 12:112:35 CDT) Steve Hawkins President 05/14/2026 Date 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. Cannon R Henry, PE, CFM Assistant Director OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 4a$ s '1 Duch S��Qd 1� CL CID of Q Alto Nlescs Blvd. Vicinity Map N,T. S. COUNCIL. DISTRICT 6 FINAL, Pi AT# FP-95-102 MAPS CC PAGE TAR-102C 'ry'�j wWwoodLTALL RANCH i ,, FII.3F'.FI.'RFnR "C 4'.. iT- 'aT 'f.11'; --G"VICINITY MAP :7]'.t1M%JAS 1f.P.'CF7 SIJI'Ti',':7 'rY+,T RV:f;l�. —.. ,ri1 r ��°SRT 4sY,:ik"FI.'1C *.91:Jy 'Iff-I'I q ffi`WIRT,-T.. WYiCJI B�'!.f3e.1aIG Ci:fTti=T' Stl'E; AKlllll Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 8 of 13 EXHIBIT B Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 9 of 13 EXHIBIT C APPRaX. LOCATION OF APPROX. LIMITS OF 2-STRECTLIGHTS, FU1"4JREDEOICATE[] RIGHT TURN LANE 7- PROPERTY BOUNDARY � y DWINEU0E�LQPED BY: 5J RAINBOW RIDGE DEVELOPMENT, LP 7201 HAWKINS'VIEW DR., SUITE `01 FOR- WORTH, TX 76W COUNCIL L:I ;I;_ c 017-737-4A46 FINAL f LAB- # F%d'-102 CONTACT: STEVE HA NKINS MAJISca PACE TAR-102C ~wvood RALL RANCH o �� � 11.?%S5I, LIr=, STREET LIGHTS EXHIBIT G Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 10 of 13 EXHIBIT C-1 APPROX I C;::,:,. 1('N' , F . 1- S C: N slraN - APPROX. I I.1T5 OF STREET NAME BLADES I FUTURE ❑Edlt wTEd RIGHT TURN LONE Y i i OWNEtIDEVELOPEQ BY: SJ RAINBOW RIDGE DEVELOPMENT, LP 7201 HAWKINSVIE O DR„ SUITE '01 - PROPERTY BOUNDARY FORT WORTH, TX 7E<32 COUNCIL DISTRICT 6 tit7-737-4446 FINAL PLAT#. FP-75-102 CONTACT: STEVE HAWKINS MAPSGO PAGE TAR-1WC RALL RANCH c' zoo, � Rw GT,�tl P�TMan1'.M, P*XE:5i 7-9ii�YP3 STREET NAME SIGNS EXHIBIT C1 - Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 11 of 13 EXHIBIT D - Page 1 of 2 OPINION OF PROBABLE COST CORN - RALL RANCH TURN) LANE City of Fort Worth. Tarrant County, Texas Propect Number. HCH220CI D TOTAL LOTS Prepared For COFW' QD SINGLE FAMILY ACRES Date: March 19, 2D28 10.1 THOROUGHFARE ACRES File Name: Rall Ranch OPC Right Turn Lane 301) LOCAL LENGTH OF STREETS (FT) Prepared by: KLC D MINOR ARTERIAL LENGTH ITT) Checked by: AH6 CONSTRUCTION COSTS SUMMARY Rail Ranch Turn Lane Direct Costs Total Costs DESCRIPTION 1 - Ear*hwork $18'agai D $18,89D.100 3 -'Water $9,901).00 S9,90D.c0 5 - StDnn $40,72D.06 $40.72D.90 9 -Pavia $97,08D.QD $97A5D.00 7 - Street Li hts S Si ns $26,50D.0D $28,60D.c0 TOTAL CONSTRUCTION COSTS 1 $192,970.001 $192 970.00 MISCELLANEOUS COSTS DESCRIPTION CITY UNIT AMOUNT TOTAL Engineering & Sury in (15%) 15% % $28,95D.DD $28,956.c0 Misc Fees City Inspeadon Fee (City Fee -4%of Pvg, Drain & Lights) 4% % $8,58D.00 $8,5811.c0 Constnuci on Materials Testing (CAy Fee - 2% of Pv g & Utils 2% % $2,140.0D 32,140,.(10 PPM Bands 3% % S5.7910D 36,790.410 City) llunty Review Fees 1% % 51,93'D.OD SI.930, 12 -TOTAL MI SC. COSTS $45.390.00 1 1145.390;09 SUMMARY Construction Costs $192,97D.� $192,97c.Dc Miscellaneous Casts $45,396 $45,390.90 13 - Contingency Costs 2596, $59,590.0D $59,5rt0.Dc NET PROJECT COSTS $297 S50.00 $297 950.0c Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 12 of 13 EXHIBIT D - Page 2 of 2 RALL RANCH RIGHT TURN LAPSE DIRECT EART14 WORK Description QTY UNIT UNIT PRICE AMOUNT On Site Excavation 1,B50 CY ".oO $0,94D.DD Sift Fence 300 LF $aoD $DOD.DD Cualex 170 SY $3.00 $5111.110 6' Tap Sail 23 CY $48.0D $1.12D.DD Block Sod Placement -40 SY W.00 $1.26D.D0 Construction Entrance EA $2,500.oD 32,5011110 Removal & Di I cF Unsuitable Malerials LS $2.500.00 $2,500_DD TOTAL EARTHWORK $18..6"_00 WATER Description Sn-y- UNIT UNIT PRICE AMOUNT Tire Hydrant Assembly �flna D" Gate Valve. I Eh $8,200.00 $8,20D_DD Salvage Fire Hydrant I H. $1,7110.001 $1,7013041 TOTAL WATER $9 5w.00 STORM Descriptiim QTY UNIT UNIT PRICE AMOUNT 21"RCP 40 LF $120.Qo $4, 8QD.00 1G Recessed Inlet 2 EA $12,000.06 S24,00D.D0 Remnve1D"Recessed Inlet 2 EA $5,000.0[1 $10,130D.00 Remove2VRCP 20 LF $50.00 $1,40D.DO Trench Safe 4.0 LF $3.oD $125.7D0 nlebSDMH Protectors 2 EA $200.QO $4011.DD TOTAL STORRM. $ I0, 720.00 PAYING, Description QTY UNIT UNIT PRICE AMOUNT 11' Conc Pavement 370 SY S' 10. S40,7013.110 6' Lime Stabilized Subgrade 500 SY S5.100 $2.50D_0D 'Hydrated Lime 28#YSY) 11 TON $320.OD $3,3813.00 4' C mc. Sidewalk 1.200 SF $7.06 $8,40D.D11 Remove Conc Pvrnt 370 SY $5Q.0o 118.506_110 Removre Corac Our68Gutter 300 LF $7.04 $2,105.DD Remove Sidewalk 1,200 SF $5.oD $6. OOD_m RemoveADARamp 1 EA $1,CQQ.D'D $1:113.0D RF Ram 1 EA $&SDO.DD $3.50D.DO Striping I LS $8,000.DO $O,DOD.DD Traffic Control 1 EA $5,00•Q.Oo $5.[K)HIO TOTAL PAYING $37 090.00 STREET LIGHTS & SIGNS Description QTY UNIT UNIT PRICE AMOUNT Street Light -1 Fixture 2 EA $1D,000.00 S20,005_DD Conduit - 2 Inch - Open Cut - Sched. 86 150 LF $30.00 $4, 500.D0 NO 1D Insulated Elec Condr 450 LF 52.06 $600.011) Stop Signs I EA Wom $400 0-0 Street Name Blades 4 EA $20Q.00 $60D.D0 TOTAL STREET LIGHTS & SIGNS $2613610.00 Future Improvements Agreement Rall Ranch Right Turn Lane SJ Rainbow Ridge Development, LP Page 13 of 13 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: SJ Rainbow Ridge Development, LP Subject of the Agreement: FIA26-0002 M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. NA *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.