HomeMy WebLinkAboutContract 50284 rb �' 567`89r
CITYSECRETARYaq
CONTRACT NO. l�
FUTURE IMPROVEMENTS AGREEMENT
®�6 9 Z 9 REAS, the City of Fort Worth ("City") has incorporated a "Street Proportionality
y" (the "SPS") which describes the -impact of development to the City's roadway
infrastructure; and
WHEREAS, the SPS includes the development of West Bonds Ranch Road from West
Saginaw Blvd. to Fort Worth & Denver Railroad for a distance of approximately 950 feet, (said
roadway being referred to herein as the "Improvements") (Exhibit"A" attached); and
WHEREAS, the City's Policy for Installation of Community Facilities requires Owners
of property abutting proposed or underdeveloped city roadways to construct or, upon request of
an Owner, contribute a portion of the costs of the Improvements for future construction of same
by City; and
WHEREAS, Sunny Side Materials LLC, a Texas limited liability company ("Owner"), is
the owner of Lot 1, Block 1, Sunny Side Materials Rail Terminal (the "Property"), consisting of
approximately 127.895 acres and bordering the Improvements; and
WHEREAS, Owner has requested that City rather than Owner construct the
Improvements and City has agreed, subject to the terms of this Agreement; and
WHEREAS, Owner agrees to contribute its share of the Improvements to the City.
NOW THEREFORE, City and Owner, acting herein by and through their duly authorized
representatives, enter into the following agreement:
1.
The City may construct (or cause to be constructed) the Improvements provided public
funds are available, abutting properties develop, or construction is found to be necessary by the
Director of Transportation and Public Works.
2.
Owner has paid to the City the sum of three hundred eleven thousand dollars
($311,000.00), such amount being hereinafter referred to as the "Escrow", which Owner and
City agree is the entire amount of Owner's contribution for the cost to construct the
Improvements. By providing the Escrow, Owner agrees:
(a) this payment to the City is an assessment contemplated under Chapter 313 of the
Texas Transportation Code; and
FOFFIcIALRECORD
Sunny SideMaterials Rail Terminal ETARY
FS-17-172February 2,2018 H,TX
(b) the amount of special benefit and enhanced value to Owner's property resulting
from construction of the Improvements is equal to or greater than the amount of
the Escrow, and
(c) to waive the rights granted to Owner in Chapter 313 of the Texas Transportation
Code to contest or appeal the assessment.
By accepting the Escrow and by execution of this contract, City agrees that the Owner
and any successor owner of all or part of the Property will have no obligation whatsoever to pay
any amounts in addition to the Escrow or take any further action with regard to the construction
of the Improvements, even if(a) the actual costs to construct the Improvements exceed the costs
expected by the City as of the date of this contract; (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 otherwise; or (d) the costs
or scope of the Improvements change for any reason.
3.
Owner and City agree that the terms of this agreement eliminate the need for a
public hearing and issuance of notices as required by Tex. Transp. Code §§ 313.047-.048.
4.
This agreement shall be binding upon and inure to the benefit of the City and Owner and
their respective successors and assigns.
5.
Owner is in the process of developing the Property. Owner has deposited the Escrow
with the City for the future Improvements, such Improvements being necessitated in part by the
additional demands that the development of the Property will be placing upon West Bonds
Ranch Road and being roughly proportionate to the impact of the proposed development along
said roadways, and fairly represents the Owner's proportional share of the cost of the
improvements to West Bonds Ranch Road.
Should any claim be raised by Owner or Owner's successors-in-interest or assigns that
the Escrow provided for herein is not proportional to the impacts of the development pursuant to
Tex. Loc. Gov't Code sec. 212.904, its successor-statute or any constitutional provision, Owner
expressly agrees that the City Council and any reviewing court may rely upon the statements in
this Agreement in considering relief under such claim. Owner further waives any claim that
Owner's contribution in Escrow provided by this Agreement constitutes an unauthorized impact
fee pursuant to Tex. Loc. Gov't Code chapter 395.
EFFECTIVE as of the date last executed by a Party hereto.
Sunny Side Materials Rail Terminal
FS-17-172
February 2,2018
CITY OF FORT WORTH OWNER
Sunny Side Materials LLC
Jes s Chapa 4zistopkampbell
As istant City Manager Managing Member
Date: S Date: February 2, 2018
Recommended by:
sportation& Public Works Department
4,�� 0.
Dou s W. Wiersig, P.ID
Director
Approved as to Form & Legality:
��1dS UNJ -$�c�C
Assistant�C(ity Attorney
N
M&C: k
Date:
Form 1295:
ATTEST: �. .,F C7&T.
ary J. a er
City Sec
OFFICIAL RECORD
Sunny Side Materials Rail Terminal CITY SECRETARY
FS-17-172
February 2,2018 FT.WORTH,TX
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.
1;11-�41 1111;�9
Janie S. Morales
Development Manager
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Fernando Costa, assistant city manager for the City of Fort Worth,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the City of Fort Worth and that he executed the
same as the act of said City of Fort Worth for the purposes and consideration therein expressed and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of ,20 .
Notary Public, State of Texas
My Commission expires:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Christopher Campbell, known to me to be the persons whose name is
subscribed to the foregoing instrument,and acknowledged to that he executed the same on behalf of
Sunny Side Materials LLC for the purposes and consideration therein expressed.
C
GIVEN UNDER MY HAND AND SEAL OF OFFICE this J day
of 1-2018.
Notary Public,State of Texas
Xy Commission expires:
EXHIBITS
Sunny Side Materials Rail Terminal
FS-17-172
February 2,2018
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VICMTY MAP
Graham Associates,Inc. NOT TO SCALE
CONSULTING ENGINEERS&PLANNERS MAPSCO No. TAR-020P
600 SIX FLAGS DRIVE,SUITE 500 COUNCIL DISTRICT X
ARLINGTON,TEXAS 76011 (817)640535
TBPE FIRM:F-119MPLS FIRM:10153B-00
DRAWN BY: GAJ DATE: 818/17
PROJECT NO.: 2755-1000 SHEET 1 OF 1
n
JOHN MILARD BONDS
PARCEL V
37-957 ACLS
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VMME 8945.PAGE 1547
PROPOSED
�� \\ WEST BONDS RANCH ROAD
EASTBOUND LANES ti \
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Go PROPOSED 10' \��
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JOHN ML ARD BONDS \
PARCEL'A' \
9� CALLED 127.895 ACRES
1,` \ VOLUME 8945, PAGE 1547 \
, 1
WEST BONDS RANCH ROAD
PAVING IMPROVEMENTS
i
Graham Associates,lnc. GRAPHIC SCALE 1"=200'
CONSULTING ENGINEERS&PLANNERS
600 SIX FLAGS DRIVE,SUITE 500
ARLINGTON,TEXAS 76011 (817)640-8535 200 0 200 400
TBPE FIRM:F-1191frBPLS FIRM:101538-00 1.
DRAWN BY: GAI DATE: 8017
PROJECT NO.: 2755-1000 SHEET 1 OF 2
Project Item Information Bidder's Proposal
Bidlist Specification Unit ofBid
Item No. Description Section No. Measure Quantity Unit Price Bid Value
Unit 11:TPW CONSTRUCTION ITEMS
CFA Unit B-Paving
B-1 0241.1000 Remove Pavement 02 41 15 SY 2400 $12.00 $28,800.00
B-2 3110.0101 Site Preparation-Clearing and Grubbing 32 10 00 LS 1 $1,500.00 $1,500.00
B-3 3123.0101 Unclassified Excavation 3123 16 CY 2200 $2.65 $5,830.00
B-4 3124.0101 Unclassified Embankment 312400 CY 150 $4.00 $600.00
B-5 3213.0104 9"Reinforced Concrete Pavement 32 13 13 SY 1767 $46.00 $81,282.00
B-6 3213.04016"Concrete Driveway 32 13 20 SF 1894 $5.50 $10,417.00
B-7 3211.0502 8"Thick Lime Stabilized Subgrade 32 11 29 SY 1927 $4.50 $8,671.50
B-8 3211.0400 Limefor Subgrade Stabilization(27#per SY) 321129 TON 26 $165.00 $4,292.39
B-9 3213.03015"Conc Sidewalk 32 13 20 SF 6691 $7.50 $50,182.50
B-10 3213.0506 Barrier Free Sidewalk Ramp,Type P-1 32 1320 EA 2 $1,200.00 $2,400.00
B-11 3291.0100 Topsoil (4"Depth) 32 91 19 CY 140 $8.00 $1,120.00
B-12 3441.4006 R1-1 Stop Sign 34 41 30 EA 2 $550.00 $1,100.00
TOTAL CFA Unit B-Paving $196,195.39
Private Improvements-Outside CFA
i
WEST BONDS RANCH ROAD
PAVING IMPROVEMENTS
Graham Associates,lnc.
CONSULTING ENGINEERS&PLANNERS NOT TO SCALE
600 Six FLAGS DRIVE,SUITE 500
ARLINGTON,TEXAS 76011 (817)6404W5
TBPE FIRM:F-1191/TBPLS FIRM:101538-00
DRAWN BY: GAI DATE: 8/9/17
PROJECT NO.: 2755-1000 SHEET 2 OF 2
Inn
JOW MUM BONDS
PARCEL'B"
\ 32957 ACRES
\ VOLUME 8945, PAGE 1547
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—— —— ————
o PROPOSED 10' \\
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JOHN MlunRD BONDS \
j.' PARCEL A' \
CALLED 127895 ACRES
VOLUME 8945,PAGE 1547 \
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WEST BONDS RANCH ROAD
STORM DRAIN IMPROVEMENTS
Graham Associates,inc. GRAPHIC SCALE 1"=200'
CONSULTING ENGINEERS&PLANNERS
600 SIX FLAGS DRIVE,SUITE 500
ARLINGTON,TEXAS 76011 (817)640-8535 200 0 200 400
TBPE FIRM:F-1191ffBPLS FIRM:101538-00
DRAWN BY: GAI DATE: 818117
PROJECT NO.: 2755-1000 SHEET 1 OF 2
Project Item Information Bidder's Proposal
Bidlist Specification Unit of Bid
RE No. Description Section No. Measure Quantity Unit Price Bid Value
It
Unit II-TPW CONSTRUCTION ITEMS
CFA Unit B1-Storm Drain
131-1 3110.0101 Site Preparation-ClearingandGrubbing 311000 LS 1 $1,500.00 $1,500.00
131-2 1317.014 Medium Stone Riprap,Dry 31 24 00 SY 45 $65.00 $2,925.00
131-3 3341.0205 24"Class III RCP Complete i n Place 33 41 10 LF 131 $45.00 $5,895.00
131-4 3349.500110'Curb Inlet 33 49 20 EA 2 $2,200.00 $4,400.00
131-5 3349.1003 24"Flared Headwall,1 Pipe 33 49 40 EA 1 $2,200.00 $2,200.00
B1-6 3305.0109 Trench Safety 33 49 40 LF 131 $3.00 $393.00
3125.0101 SWPPP-Preparation,Implementation and
B1-7 Maintenance 312500 LS 1 $5,000.00 $5,000.00
TOTAL CFA Unit B1-Storm Drain $22,313.00
WEST B OND S RANCH ROAD
STORM DRAIN IMPROVEMENTS
Graham Associates,lnc.
CONSULTING ENGINEERS&PLANNERS NOT TO SCALE
600 SIX FLAGS DRIVE,SUITE 500
ARLINGTON,TEXAS 76011 (817)640$535
TBPE FIRM:F-1191JTBPLS FIRM:101538-00
DRAWN BY: GAI DATE: 8/9/17
PROJECT NO.: 2755-1000 SHEET 2 OF 2
n
JOHN MILLARD BONDS
PARCEL"B"
32957 ACRES
\
VOLUME 8945, PAGE 1547
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PROPOSED 137W LED LAMP \�
\ Gu TYPE B POLE w/33B ARM \\ \
(1 PER POLE) \�j
\ \ TYPE 2 FOUNDATION �\
JOHN MILARD BONDS
0 % PARCEL A' \
CALLED 127.895 ACRES \
5� \ VOLUME 8945,PAGE 1547
SERVICE POINT \
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WEST BONDS RANCH ROAD
STREET LIGHT IMPROVEMENTS
Graham Associates,lnc.
GRAPHIC SCALE 1"=200'
CONSULTING ENGINEERS&PLANNERS
600 SIX FLAGS MW,SUITE 500
ARLINGTON,TEXAS 76011 (817)640.8535 200 0 200 400
TBPE FIRM:F-119MPLS FIRM:101538-00
DRAWN BY: GAI DATE: 8!8117
PROJECT NO.: 2755-1000 SHEET 1 OF 2
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. MeasQuantity
ure Unit Price Bid Value
PART 11-TPW CONSTRUCTION ITEMS-Continued
CFA Unit C-Street Light Improvements
C-1 3341.1502 Ground Box Type B,w/Apron 33 41 10 EA 1 $750.00 $750.00
C-2 3441.3001 Install Roadway Illumination Assembly-Type 8,1Arm 344120 EA 3 $2,500.00 $7,500.00
C-3 3441.3201 LED Ughting Fixture 34 41 20 EA 3 $1,250.00 $3,750.00
C-4 3441.3301 Install Roadway Illumination Foundation Type 344120 EA 3 $900.00 $2,700.00
C-5 3441.3404 Quadplex Alum Elec Conductor 34 41 20 LF 744 $2.20 $1,636.80
C-6 12605.3015 2"PVC SCH80 PVC Conduit 34 41 20 LF 744 $12.00 1 $8,928.00
C-7 19999.0002 Electric Service with Relay 344120 LS 1 $5,000.00 $5,000.00
TOTAL CFA Unit C-Street Lights $30,264.80
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WEST BONDS RANCH ROAD
STREET LIGHT IMPROVEMENTS
Graham Associates,Inc.
CONSULTING ENGINEERS&PLANNERS NOT TO SCALE
600 SIX FLAGS DRIVE,SUITE 500
ARLINGTON,TEXAS 76011 (817)640.85M
TBPE FIRM:F-1191rrBPLS FIRM:101538-00
DRAWN BY: GAI DATE: 8/9/17
PROJECT NO.: 2755-1000 SHEET 2 OF 2
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