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HomeMy WebLinkAboutContract 36082 (2) COMMUNITY FACILITIES AGREEMENT THE STATE OFTEXAS § City Secretary COUNTY OF TARRANT § Contract No. 2LCE3a WHEREAS, WRI Gateway Station, LP, hereinafter called "Developer", desires to make certain improvements to Gateway Station II, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant, Denton and Wise Counties, Texas, hereinafter called"City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended, is hereby incorporated into this Community Facilities Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. Gateway Station II CFA 2007083 !! �5�,'�(�� s 09 10 07 �i, E. he Developer shall award all contracts for the construction of community facilities in accordance with Section lI, paragraph 7 of the Policy. F. he contracts for the construction of the public infrastructure shall be dministered in conformance with paragraph 8, Section II, of the olicy. G. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or ama es are caused in whole or in Part, by the alle ed ne li ence o i he City of Fort Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. to the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). J. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed(Article 104.100, Ordinance 7234). Gateway Station II 2 CFA 2007083 09 10 07 K. Developer hereby releases and agrees to indemnify and hold the City armless for any inadequacies in the preliminary plans, specifications nd cost estimates supplied by the Developer for this contract. L. eveloper agrees to provide, at its expense, all necessary rights of way nd easements across property owned by Developer required to onstruct current and future improvements provided for in this agreement. M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part J hereof. Water (A)None; Sewer (A-1) None; Paving (B)Att4 ed i Storm Drain (B-1) Attached; Street Lights and Signs (C) Attached.. N. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. II. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, B 1 and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of "current improvements" and,shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, B 1, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 30,783.46 . Gateway Station II 3 CFA 2007083 09 10 07 SUMMARY OF COST GATEWAY STATION II Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $0.00 $ - 2. Storm Drainage $29,041.00 $ 29,041.00 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $B. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) $ 1,161.64 $ 1,161.64 D. Materials Testing by DOE (2%) $ 580.82 $ 580.82 TOTALS $ 30,783.46 $ - $ 30,783.46 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent(4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. 5.Developer paid$167,000 for future improvements to McAlister Road($129,500.00 for paving and drainage plus $37,500.00 for their portion of railroad crossing) in escrow. Gateway Station II 4 CFA 2007083 09 10 07 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicat in its name and on its behalf by its Assistant City Manager, attested by its City Secretary., with the corporate seal of the City affixed, and said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the_ )- 2007. � t Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director CityAofLh NO M&C RE-QUIRPD Marc Ott Assistant City Manager �ATTEST: 1 ►' L Marty Hendrix City Sec t Appr e s to o Assistant C' A orney ATTEST: DEVELOPER WRI Gateway Station, LP By: Orange Development Group, LLC, As Agent By: �Uu, ) � � ssell Martin, Managing Director Gateway Station ii 5 CFA 2007083 091007 >JIL' J . KIMLEY-HORN and ASSOCIATES 810 Cherry Street,Suite 1025 Fort Worth,Texas 76102 TEL: (817)335-6511 FAX:(817)335-5070 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS for COMMUNITY FACILITIES AGREEMENT WITH CITY OF FORT WORTH, DEPARTMENT OF TRANSPORTATION $ PUBLIC WORKS PROJECT: Gateway Station 2 ACREAGE: 7.91 CLIENT: Orange Development Group,LLC JOB NUMBER: 61214001 DATE: 9/10/2007 McAlister Road-Public Drainage Improvements-18"RCP Culvert ,DESCRIPTION 4 '-'QUANTITY-,,.,.' ;:UNIT a'::COSTFUNIT�:1 ;.TOTAL`.COST:= 18"R.C.P. 87 LF $ 43.00 $3,741.00 T e'C'Concrete Headwall 2 EA $ 1,700.00 $3,400.00 Layout 1 LS $ 250.00 $110.00 Haul off of excess spoil 1 LS $ 250.00 $110.00 Bond Fee 1 LS $ 350.00 $154.00 Sub Total: $7,515.00 McAlister Road-Public Drainage Improvements-21"RCP Culvert DESCRIPTION. f QUANTITY ', ':UN1Tr ;r";:,COSTJUN1Tts .: ITOTAL;COSI 21"R.C.P. 250 LF $ 49.50 $12,375.00 T e'C'Concrete Headwall 2 EA $ 1,700.00 $3,700.00 Asphalt Saw and Repair 55 LF $ 75.00 $4,125.00 Layout 1 LS $ 390.00 $390.00 Haul off of excess spoils 1 LS $ 390.00 $390.00 Bond Fee 1 LS $ 546.00 1 $546.00 Sub Total: $21,526.00 Total: $29,041.00 Since the Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over methods of determining price, or over competitive bidding or market conditions,any and all opinions as to the cost herein, including but not limited to opinions as to the costs of construction materials,shall be made on the basis of experience and qualifications and represents its best judgment as an experienced and qualifies professional engineer, familiar with the construction industry,but the Engineer cannot and does not guarantee that proposals and bids,or actual costs will not vary from the opinions of costs prepared by it. Gddvil101 21 4 0 01.(Gateway Station)\CORR\To-Othere\�oCitylrda\&b07_CFA_GelewayStaGon_MrAlister(l).xls Page 1 of KIMLEY-HORN and ASSOCIATES _ 810 Cherry Street,Suite 1025 Fort Worth,Texas 76102 TEL: (817)335-6511 FAX:(817)335-5070 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS for COMMUNITY FACILITIES AGREEMENT WITH CITY OF FORT WORTH, DEPARTMENT OF TRANSPORTATION & PUBLIC WORKS PROJECT: Gateway Station 2 ACREAGE: 7.91 CLIENT: Orange Development Group,LLC JOB NUMBER: 61214001 DATE: 8/2/2007 McAlister Road 1/2 of 4-Lane, Undivided Roadway,80'R.O.W.,700'Frontage) T-M—, Q<V _ .. 7. Alt 'I 7CTY 171!IIT? ,.COSTµ 17NiT �Y;T07AL;COST 6"-7%Lime Subgrade 2,248 sqyd $ 3.27 $ 7,300.00 7"Thick Concrete Paving w/6"Curb,3500# 20,227 sgft $ 4. - 4.42 $ 89,400.00 4'Wide 3"Thick City Sidewalk 2,171 sqft $ 6.91 $ 15,000.00 Storm Drainage(20%of Paving Cost) 1 ALL $ 17,880.67 $ 17,800.00 Sub-Total: $ 129,500.00 Railroad Crossing 1/4 of Construction Cost) �� A"�. "� 4 ,QVANTITzY ` 17 Ct?ST I UN13; 7fJTAf COST. At Grade Railroad Crossing($150,000 total cost 0.251 ALL 1 $ 150,000.00 1 $ 37,500.00 includes swing arms and signalization) TOTAL $ 167,000.00 Since the Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over methods of determining price, or over competitive bidding or market conditions, any and all opinions as to the cost herein, including G:\dA\61214001-(Gateway Station)\CORRITo-Others\ToCity\cfa\Copy of CFA_GatewayStalion_McAlister(1).xls Page 1 of 1 III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2,600 $00,000.00 MID-BLOCK RESIDENTIAL 0 EA $ 2,600 $00,000.00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,600 $00,000.00 MID-BLOCK COLLECTOR 0 EA $ 2,600 $00,000.00 MID-BLOCK ARTERIAL 0 EA $ 3,200 $00,000.00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3,200 $00,000.00 RELOCATE EXISTING LIGHT 0 EA $ 1,650 $00,000.00 Subtotal $00,000.00 City's Cost $00,000.00 Developer's Subtotal $00,000.00 4% Inspection fee $0,000.00 Project Total $00,000.00 Adjacent Developer's Cost $00.000.00 Developer's Cost $0.00 DEVELOPERS COST: $0.00 (Streetlights are not included in project) CFA CODE # 2007083 Gateway Station 2 Future Improvements Fort Worth, Texas August 21, 2007 PAGE 1 OF EXHIBIT "C" II. STREETLIGHITS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at the approximate locations shown in exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. 2. Streetlights on residential and/or collector streets can be installed using overhead or underground conductors with the approval of the director of transportation and Public Works. 3. The City of Fort Worth will install all the streetlights that use overhead or underground conductors on residential, and collector streets. The developer agrees to pay the City of Fort Worth the amount shown below prior to the City starting its design efforts, at the option of the developer and at their expense they may purchase the poles, fixtures, and mast arms from the City in order to assure compliance with city material standards 4. Street lights on arterial streets shall be installed with underground conductors 5. The developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operations of the street light system 6. The estimated cost of this streetlight installation is detailed on page (1) of exhibit "C" and is summarized below. The streetlights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPERS COST: $0.00 August 21, 2007 CFA CODE # 2007083 Gateway Station 2 Future Improvements PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: CFA CODE # 2007083 Gateway Station 2 Future Improvements PAGE 3 OF EXHIBIT "C" IV STREET NAME SIGNS 1. The City of Fort Worth will install the street name signs upon final approval of the street constQuction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of$245.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3. This development creates the following zero (0) intersections at a cost to the Developer of$0.00: (No new intersections) Gateway Station 2 Future Improvements CFA code: 2007083 August 21, 2007 • uv Xz 4 0l�' of as a 9 �J gvx y�R0m nlol 4001K10 'ON IJ3fOMd I� �a Lanz LsnOnr:azv0 � oul salupmy p118 R - n 3 P �T {J r(l ��{I� NIV /S �� T[ �0:AO OD J3N0 w ) Z I�IOI L�LS V V kill moils CL�3 J 9AB431'J63SI R uJOH-falw!A ❑�❑ >r W` )Lvm3 Lv9 3It7B 1 Vdr mPVN aN 1 pp 5 QQ n � o I I • I SO 15 I I i 2zz -1S 'v av d ¢ _ - �BCS 3'0'U �oNo"f— Asi�u f yy&'___ "r---�—gq• t�i_�.�/ it is .QN - In o =oa v ro i iron a i� � I Sr I056 I,w, .9 g- 4_ N W b� a eon gI < o I Tt2 I Q F W a< m szc 2.00 IVA-1 R nG r ' I o I 1 1 w D Q g of n Of O f In �� f n�� m $$ 'I � I I � � •b WgPQ - Ib - wry lm 3Nm xz orva Joao — 2 $ ui 4iF� z2mnA o3�iJ. ' J ` I !r iir m �iogA I =q I 30¢ 33 d�lbd I L _ J 00 634g1 ,01I 9 OOa9 T - iwF i K 00tS l0 3dONL-Gt xe nLL mn m8� W� 8 �m ' $ 05 m~ b ^ u oVoa�lda �'�V NW z �-C! k , too�tzwo 'oN»afe�d taoa'lsronr:a�oa �_ ., SVX91`gsaOM IHO3 �Dnwmu? °b`�°� �q Pay a4� r m; out saJeraossypue Z 1�IOIL�'LS h�'A��L�'O ,I`� wOH-ADIWD{ �, o,e�s o Q — u - I � �•: I u II I � x o � C 0 0 I � I m I v a ml m o N z � I 11 I I II � I O; jp U 41 n � d <<n I � I I I I I I I I I w^ xs LL cos I 0Fiel p= a I L J 00 Co s 2_ Z o I S Q � C W I W t = Q &T. RAILROAD U U �aa u-won N M.K. '^ CC VJ G BACK YARD: NONE REQUIRED N `\ E S 0 50 100 150 GRAPHIC SCALE IN FEET FINAL PLAT GATEWAY STATION 2 ADDITION LOT 1 , BLOCK- A 1 LOT 7.915 ACRES NON-RESIDENTIAL BEING 7.915 ACRES SITUATED IN THE SARAH GRAY SURVEY, ABSTRACT NO. 558 CITY OF FORT WORTH, & BURLESON TEXAS, TARRANT COUNTY, TEXAS SUBMITTED DATE: JULY 31, 2007 REV. DATE: AUGUST 17, 2007 FINAL PLAT CASE NUMBER REFERENCE: FS-007-159 Recorded in Cabinet , Page , P.R.T.C.T.