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Home My WebLink AboutContract 31102 COMMUNI'T'Y FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.,;[I- WHEREAS, The Burlington Northern and Santa Fe Railway Company (BNSF), hereinafter called "Developer", desires to make certain improvements to 1801 Intermodal Parkway, 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 Ray Herman, its duly authorized representative, 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 Policy. (SFA REVISED FORMAT WITH 4%doe 1 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: CFA RFVTSFD FORMAT WTTH 4%.doc 2 } Water(A)None; Sewer (A-1)None; Paving(B) attached; Storm Drain (13- 1)none; Street Lights and Signs (C)none. 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 Exhibit B. B. As shown in the "Summary of Cost for Street 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. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 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. 1 CFA RFVTSFT7 FORMAT WITH 4%.doc i == SUMMARY OF COST 1801 Intermodal Parkway BNSF RR Item Developer City Cost Total Cost Cost A. Construction $ 1. Streets $14,965.50 $ 14,965.50 2. Storm Drainage $0.00 $ - 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ - B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 598.62 598.62 TOTALS $ 15,564.12 $ - $ 15,564.12 CFA CODE: 4 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executedin 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 saideveloper has executed this instrument in triplicate,at Fort Worth, Texas this the�ly of� C� ,2004. Approval Recommended: Transportation and Public Works ATTEST: Department Robert Gilode, P. E. Marty Hendrix Director City Secretary ity o Wo � :,n�rcct Autiiorizatio� / - Marc 6tt late Assistant City Manager Approved as to Form: Assistant City Attorney ATTEST. DEVELOPER By: Corporate Secretary CFA RF,VTSRD FORMAT WITH 4%.dnc 4 yry�'nllj b"^^(IIIi Mu i BNSF-1801 Intermodal Parkway Request for CFA Summary of Cost for Street Facilities for Right Turn Lane Construction Bid Item# Bid Item Description Unit Quantity Unit Price Cost City of Fort Worth Cost $0.00 Developer(BNSF)Cost 29 Sawcuth-emove existing pavement incl.curb S.Y. 13.00 $6.50 $84.50 and gutter 36 Refl.Pvmnt.N&g.Type U(4")(White and LF 174 $0.50 $87.00 Yellow 110 Pavement direction arrow(Right Turn)-Type I EA 1 $250.00 $250.04 115 Excavation,including disposal and hauling CY 90 $12.00 $1,080.00 Concrete Pavement 12"Thick -Class P-4400 PSI(including monolithic 6"curb, 1 17 reinforcement,dowels,sawcutting&sealant for SY 272 $45.00 $12 240.00 joints,CIP) 118 Lime Treated Subgrade 9"Thick(150 lbs per SY 272 $4.50 $1,224.00 CY-Slurry Placement-TxDOT Spec 260) Total= $14,965.50 Inspection Fee(4%of Construction Cost)= $598.62 Construction Estimate for Right Tum Lane.)ds Page 1 of 1 8/11/2004 1J/IV[UIMI 9ve-4i nA shles F7' v 0.00 2+00 y [[---rrt—, - I , 15:1 TAPER r' ra61 O, —r w w w ) 1 III 4D----4AN------SAN SAF—;AX—moi AF AF / IAF i AN `AM `AF $AN------.AM------S AN-5 ANSAM `AM 15:1 TAPER ao , 121 p ;RIGHT EXISTING PROPOSED PROPOSE TURN/DEQELLANE ENTRANCE LANES TURNING LANE --� Q ' SAWCUT LINE __EXIST. GRADE E 2% 7L —I /''� L_L— J TURNING LANE TYPICAL SECTION N.T.S. El O PVI W � I z — 20' PUBLIC UTILITY ,EASEMENT 7 R�150, 15` PUBLIC UTILITY EASEMENT 1 ? 0' CITY 0 r ROW LINE FORT WORTH ROW I SHEET P�E�oF�Te ,1 BURLINGTON NORTHERN SANTA Exhibit B RAILWAY COMPANY *: *� Right Turn/Decel Lane Details Of %DEREK D. IJEIER % ALLIANCE INTERMODAL /�P• 8979 ............. .'�i 3950 FOSSIL CREEK BLVD. usw�[o D.D.MEIER FACILITY HANSON SUITE 106 Bn F�! J8 HUNT PARKING LOT FORT WORTH,TEXAS 75137 DRAWN D.D.AIEIER ss AND ENTRANCE ROAD40. WILSON AE� A N 817-232-2248 ��`��.�• h ' 817.232-4909 FAX By, P.J.PAMLA