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HomeMy WebLinkAboutContract 31394 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary �} COUNTY OF TARRANT § Contract No. '1 WHEREAS, Railhead Industrial Park Investors, L.P., hereinafter called "Developer", desires to make certain improvements to Railhead Northside Infrastructure, 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 and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Railhead IP Genpar LLC, its General Partner, acting herein by and through Lee D. Cornell, its duly authorized Director, and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, 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, is hereby incorporated into this Community Facilities Contract as if copy 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. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the P Railhead Northside-CFA REVISED FORMAT WITH 4% 1 06 05 RVSD F. 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 damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. In 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). I. 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). J. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Railhead Northside-CFA REVISED FORMAT WITH 4% 1 06 05 RVSD �; ��� � c.�u 5� Water(A)None; Sewer (A-1)None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. 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, B1, 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, B1, 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 $ 1,667,841.30 . Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $747,869.23 $ 747,869.23 2. Storm Drainage $817,459.00 $ 817,459.00 3. Street Lights $39,600.00 $ 39,600.00 4. Street Name Signs $300.00 $ 300.00 B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 62,613.13 1 $ 62,613.13 TOTALS $ 1,667,841.30 1 $ - $ 1,667,841.30 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. F7- .1 -,-I _, Railhead Northside-CFA REVISED FORMAT WITH 4% 1 06 05 RVSD '� ,;_'., IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate 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 ay of RUD , 200,/'S Approval Recommended: Transportation and Public Works Department nn J� C K-le na Robert G ode, P. E. Director Contract Authorization Date &ty o Wo Marc Ott Assistant City Manager ATTEST: f�N Marty Hendrix City Secretary Appr ved as to Fo Railhead Industrial Park Investors, L.P. i° By Railhead IP Genpar, LLC Assi nt rty ttorney Its General Partner ATTEST: DEVELOP By: Corporate Secretary Lee D. Cornell Director Railhead Northside-CFA REVISED FORMAT WITH 4% 1 06 05 RVSD cirY OF SAGINAW EAST INDUSTRIAL CITY OF FORT WORTH PROJECT �sT LOCATIONm c r BUS s 287 9c� ago ° 9� OF SITE �°, SA ITARY <, SE R z 0 M z 156 VICINI TY MAP NOT TO SCALE RA IL HEA D NOR TH SIDE INFRA S TRUC TURF L 0 CA RON MAP ' TEN,. JRARY 8" HMAC PAVEMENT 0 0 w� t SCALE 1 "=200' p DEL MONTE SITE LOW IRON CROSSING DRIVE U � � QQ" v C7 OR O U 2 Z O 3 0 RAIL SPUR o_ 0 c� Z v� O U Z O fY • 3 O J NORTH EAST LOOP 820 LEGEND 8" PAVEMENT ROADWAY EXHIBIT �B i i TEMPORARY 8" HMAC PAVING PAVEMENT RAILHEAD /NORTH SIDE /NFRASTRUCTURE �MATCHLINE-SEE SHEF' 3 OF 3 i � o < � 0 j J Q I W \) \ J LLJ U cn [if LZ c Do O I Z O g o n m z � W U U _ a- U u \ Q� U U _ m CN _ ry — U) (n f" ( O c) U J cf) Ln U) g N a- 00 In Il U M O v U _ 00 r� C� O Q cz CD cD LOW IRON CROSSING DRIVE W IRON CROSSING D (cn U w N cif -J a N Z o U U < — � N W J w — 00 _ a. J Z J (n Of 3 — On (A O J ' Li! Q = U p <¢ O z U (n Iz cn LCD U V) cn Ln N U Q n n U U U �,�o ob3Miy� rq O � J Q oboe)/b� �6,0,v NO/Nn O O LLI !n (n F- �tyo^ C) J 0 W Z Lli !— In — N Q J I) CL Z n- Z O Z ----Z O Q O Q N — Li rr IY Elf a- o L W LnW � V POND 1 36"HEADWALL co TXDOT CH—FW-0 r_ z c SCA LE 1 "=200' z z 36" PIPE EXISTING DUAL 36" STORM DRAIN DEL MONTE SITE i co `2 vo ,2 ' i O 2 i 7'. 36" HEADWALL Rq' spy TXDOT CH—FW-0 R r ; I i LEGEND POND 3 1 - 36" STORM DRAIN PIPE , E-,YH18I T 'B- 1 " I� STORM DRAINAGE SYSTEM NORTHEAST LOOP 820 (SHEET 2 OF 3) RAILHEAD NORTH SIDE- INFRASTRUCTURE- SCALE 1 "=200' HEADWALL �•' TXDOT / CH-FW-O 2 - 6' X 3' / j� BOX CULVERTS 1 POND 1 �y POND 2 1 kp 5 1 J HEADWALL TXDOT CH-FW-O i LEGEND STORM DRAIN PIPE EXHIBIT 'B- 1 PROPOSED DETENT ION PONDS (SHEET 3 OF .3) RAILHEAD NORTH SIDE- INFRASTRUCTURE f i SCALE I "=200' ;'��� /' DEL MONTE SITE ljJ�f' �- LOW IRON C_RAINC DRIVE 1 CQ 1*i o! l i ix"� 10 1i �p Q� V) °2 �ci 2 _0° I RAIL SPUR I Qq4 I 0 i I I NORM EAST LOOP 820 A f• 1 i i LEGEND EXHIBIT "C" PROPOSED STREET LIGHT STREET LIGHTS. A PROPOSED STREET SIGN RAILHEAD NORTH SIDE INFRASTRUCTURE RAILHEAD NORTH INFRASTRUCTURE IMPROVEMENTS May 15, 2004 lil:..:PAVING ? ; ,.. , . _.; ,�., '. s f.. 1 8"Reinforced Concrete Pavement 22582 SY $ 26.29 $ 593,680.78 2 6"Lime Stabilized Sub grade 29730 SY $ 2.10 $ 62,433.00 3 Lime 27lb/s 402 TONS $ 92.40 $ 37,144.80 4 8"HMAC 1838 SY $ 19.64 $ 36,098.32 5 Pavement Header 54 LF $ 10.50 $ 567.00 6 Traffic Control&Handling/Construction Signing 1 LS $ 2,000.00 $ 2,000.00 7 Type W-4 Traffic Buttons 480 EA $ 3.15 $ 1,512.00 8 T ell-CR-4 Traffic Buttons 120 EA $ 3.68 $ 441.60 9 Type Y-4 Traffic Buttons 746 EA $ 3.15 $ 2,349.90 10 Type II-AA-4 Traffic Buttons 229 EA $ 3.68 $ 842.72 11 4"Wide Pavement Markings 1345 LF $ 1.05 $ 1,412.25 12 18"Wide Pavement Markings 182 LF $ 4.73 $ 860.86 13 Railroad Crossing Pavement Markings 10 EA $ 525.00 $ 5,250.00 14 Sawcut and Remove Existing Pavement 260 SY $ 12.60 $ 3,276.00 Pa vin Subtotal= $ 747,869.23 r"'•=K RAILHEAD NORTH INFRASTRUCTURE IMPROVEMENTS May 15, 2004 W."ST©RMRRAIN,", ^' . `.. 1 21"RCP 375 LF $ 40.00 $ 15,000.00 2 24"RCP 60 LF $ 43.00 $ 2,580.00 3 27"RCP 335 LF $ 47.00 $ 15,745.00 4 30"RCP 788 LF $ 53.00 $ 41,764.00 5 33"RCP 692 LF $ 61.00 $ 42,212.00 6 36"RCP 1195 LF $ 70.00 $ 83,650.00 7 42"RCP 100 LF $ 90.00 $ 9,000.00 8 48"RCP 362 LF $ 105.00 $ 38,010.00 9 54"RCP 268 LF $ 132.00 $ 35,376.00 10 60"RCP 623 LF $ 150.00 $ 93,450.00 11 66"RCP 275 LF $ 168.00 $ 46,200.00 12 72"RCP 404 LF $ 203.00 $ 82,012.00 13 78"RCP 142 LF $ 226.00 $ 32,092.00 14 36"Class V, RCP 105 LF $ 105.00 $ 11,025.00 15 48"Class V, RCP 99 LF $ 177.00 $ 17,523.00 16 54"Class V, RCP 75 LF $ 200.00 $ 15,000.00 17 10'Double Sided Inlet 1 EA $ 3,150.00 $ 3,150.00 18 10'Inlet 7 EA $ 2,205.00 $ 15,435.00 19 Dual 10'Inlet 4 EA $ 4,200.00 $ 16,800.00 20 4'x 4'W e Inlet 1 EA $ 1,365.00 $ 1,365.00 21 5'x 5'W e Inlet 1 EA $ 1,550.00 $ 1,550.00 22 4'Storm Drain Manhole 9 EA $ 2,700.00 $ 24,300.00 23 6'Storm Drain Manhole 2 EA $ 4,000.00 $ 8,000.00 24 Type 5 Storm Drain Manhole 2 EA $ 1,920.00 $ 3,840.00 25 Type 6 Storm Drain Manhole 1 EA $ 5,000.00 $ 5,000.00 26 Junction Box 1 EA $ 6,000.00 $ 6,000.00 27 6"Concrete Rip Rap 120 SY $ 37.00 $ 4,440.00 28 36"Tx Dot Headwall-CH-FW-0 3 EA $ 1,100.00 $ 3,300.00 29 2-30"Tx Dot Headwall-CH-FW-O 2 EA $ 1,420.00 $ 2,840.00 30 78"Tx Dot Headwall-CH-FW-O 1 EA $ 5,100.00 $ 5,100.00 31 Trench Safety 5900 LF $ 23.00 $ 135,700.00 Storm Drain Subtotal $ 817,459.00 I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 3 EA $ 2, 500 $00, 000. 00 $ 2,000 $6,000.00 MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000. 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000 . 00 MID-BLOCK ARTERIAL MEDIAN 15 EA $ 2, 500 $0, 000 . 00 $ 2,000 $30,000 .00 RELOCATE EXISTING LIGHT 0 EA $ 11500 $0, 000 . 00 Subtotal $36,000.00 City's Cost $00,000.00 Developer's Subtotal $36,000.00 10% Contingencies $3,600.00 Project Total $39,600. 00 Adjacent Developer's Cost $00,000.00 Developer's Cost $39,600.00 2% Inspection Fee $00,000.00 (CFA CODE #2004109) DEVELOPER' S COST: $39, 600.00 RAILHEAD NORTHSIDE OF INFRASTRUCTURE) January 6, 2005 Fort Worth, Texas January 6, 2005 PAGE I OF Exhibit C i II. STREET LIGHTS 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 will install all the streetlights that use overhead or underground conductors on residential, and collector streets. the developer agrees to pay the city the amount shown below prior to the City starting it' s design efforts. 4 . Streetlights on arterial streets shall be installed with underground conduit and 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 operation of the street lights 6. The estimated cost of this street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: $39,600.00 RAILHEAD NORTHSIDE OF INFRASTRUCTURE) January 6, 2005 FORT WORTH, TEXAS CFA CODE #2004109 Page II of Exhibit C 1 III. "STREETLIGHTS" INTERSECTIONS NORTH EAST LOOP 820 & LOW IRON CROSSING DR 1 NORTH RAILHEAD DR & NORTH EAST LOOP 820 1 NORTH RAILHEAD DR & LOW IRON CROSSING 1 MID-BLOCK LOW IRON CROSSING DR 8 NORTH RAILHEAD DR 7 RAILHEAD NORTHSIDE OF INFRASTRUCTURE Page III 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 construction. 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$100.00 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 three (3) intersections at a cost to the Developer of$300.00: NE Loop 820 & Low Iron Crossing Dr NE Loop 820 & N Railhead Dr Low Iron Crossing Dr &'N Railhead Dr Railhead North Side CFA code: 2004109 July 27, 2004 I i