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HomeMy WebLinkAboutContract 37529COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, View Partners, LP, hereinafter called "Developer", desires to make certain improvements to FRESNEL TECHNOLOGIES NEW WAREHOUSE, 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, Wise, 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 Dr. Nelson Claytor, its duly authorized Director and the City, acting herein by and through Fernando Costa, 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, subsequently amended and 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 tl}eMKy.L RELHD CITY SECRETAR`l Fresnel Technologies New Warehouse Page 1 of 6 k FT, WORTH, TX 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. Fresnel Technologies New Wazehouse Page 2 of 6 Water (A)attached; Sewer (A4)attached; Paving (B) Storm Drain (B- 1)_; Street Lights and Signs (C). M. 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. Water and Sewer Facilities A. Developer shall install the proposed water line(s), fire lines) and/or meters as shown on Exhibit A, the estimated cost of which is $46,000. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and the City shall share in the cost of the water improvements as follows: WATER FACILITIES: To Estimated Developer Cost Estimated City Cost Estimated Total Cost Mains within Development $ 22,400 $ 2300 $ 465000 Approach $ - $ - $ - Easements* $ - $ - $ - Services $ - $ - $ - En ineering $ - $ - $ - Sub -Total Water $ 22,400 $ 235600 $ 4600 be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer and City shall be based upon: 1. Unit prices contained in City of Fort Worth Ordinance No. 14552; WATER COST SHARE (The City pays for 12" water main, 12" gate valves, 6" gate valve, 2" taps and 2" services.) 12" Water Main ($45) 300 L.F. x $45 = $ 13,500 6" Gate Valve ($700) 1 EA. X $700 = $ 700 Fresnel Technologies New Wazehouse Page 3 of 6 12" Gate valve ($1,500) 4 EA. X $1, 500 = $ 61000 2" Tap to Main ($11000) 2 EA. X $1, 000 = $ 2,000 2" Copper Services ($28) 50 L.F. X $28 = $ 1,400 $ 23,600 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $21,016. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and the City shall share in the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: To Estimated Developer Cost Estimated City Cost Estimated Total Cost Mains within Development $ 11936 $ 1900 $ 21M6 Approach $ - $ - $ - Easements* $ - $ - $ - Services $ - $ - $ - Engineering $ - $ - $ - Sub -Total Sewer $ 1,936 1 $ 199080 $ 21M6 be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer and City shall be based upon: 1. Unit prices contained in City of Fort Worth Ordinance No. 14552; SEWER COST SHARE (The City pays for 8" sewer main, manholes and trench safety.) 8" Sewer Main ($45) 'Manhole ($2,000) 3 EA. X $2,000 = Trench Safety ($1) 300 L.F. X $1 = $ 12,780 ONOM Fresnel Technologies New Warehouse Page 4 of 6 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated City Cost Estimated Total Cost Sub -Total Water $ 22,400 $ 2300 $ 4600 Sub -Total Sewer $ 11936 $ 19,080 $ 213016 Contingency $ - $ 10,670 $ 10,670 Total Water and Sewer Construction $ 245336 $ 535350 $ 7706 Construction Materials Testing $ 487 $ 15067 $ 1,554 Construction Inspection 1 $ 487 $ 1,067 $ 15554 Grand Total $ 25,310 $ 559484 $ 80,794 Fresnel Technologies New Warehouse Page 5 of 6 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 saiid, Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the I � day of 2008. , Approval Recommended: Water Department S. Frank Crumb Director ATTEST: City Secretary Marry Hendrix ATTEST: Corporate Secretary Fresnel Technologies New Warehouse Page 6 of 6 Gbhtragct xuthoriaatioa G�J1 RJ ) City Of Fort Worth Assistant City Manager Fernando Costa DEVELOPER View Partners, LP By: NC Investments, Inc. Its General Partner ®�FIC{AL RECORD C{TY SECRETARY FT. WORTH, TX 4z , «§M \\iRm �d)/jdOw a Ow CO - ( wE� zQe- §,)m � _ � \ Ar ( � /5§ kj\ � � � � � � J Sddt�S ;11 PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: FRESNEL TECHNOLOGIES, INC PROPOSAL FOR: PROJECT NAME: FRESNEL WATER PROJECT NO. P264-609150090483 SEWER PROJECT NO. P274-709130090483 FILE NO. W-1992 X NO.20270 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of water and sanitary sewer improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: FRESNEL Pursuant to the foregoing `Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, the General Contract Documents and General Specifications for Water Department Projects, the General Contract Documents and General specifications for Transportation and Public works Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: B-1 Updated 05/16/2005 UNIT I: WATER (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) ITEM APPROX. UNIT DESCRIPTION OF ITEMS WITH BID UNIT TOTAL NO. QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT 1. 300 L.F. 12" C-900 PVC Water Pipe, Per Linear Foot: Cents 2. 1 Ea. 12"x12" Tapping Sleeve & 12" Valve, Per Each. F�►�% iya-Lc.��i� 51-x f-�LcNa�-� Dollars & $=L $ b�. ��� O Cents 3. 3 Ea. 12"Water Valve, Per Each: T�� ! 1-1 � usAN� Dollars & $ 2, ot�o , "�' $ 6, dbJ • `'� //O Cents 4. 4 Ea. 6" Water Valve, Per Each: GI✓� TN�uSAN� Dollars & $ /; pd�. �'a $ L`I�,yy, ve �! Cents Per Each: C /'( 6 i H e c' Sf4�� �' � n �%u��.►�iz�-�Dollars & $ 1, �i0�'�' $ �. �/�C�: a'� L.F. 2.0" Type "K" Copper Service Line, Per Linear Foot: % C��i ►' Dollars & Cents B-2 Updated 05/16/2005 2 Ea. Class "B" Meter, Per Each: Grl� 1 itak SaND Twc J�/Dollars & $ Cents Ea. Fire Hydrant, Per Each: Dollars & o Z4.&U'-: ),� $Is ,. �\j 0, Cents 1 L.S. Abandon 12" Water Main In -Place per plans, (See Sheet #3 for Details) Per Lump Sum: Al c Dollars & $ $ q Cents 1 L.S. Compaction, Per Lump Sum: G�/C- 1/)��cs�ND ��iG- �li..�N�►��� Dollars & $ /: l_�`�' $ .��• `"-� Cents 'OTAL AMOUNT BID WATER Updated 05/16/2005 UNIT H: SEWER ` (Furnish and install, including all appurtenant work, complete in place, the following items) [ (D-No. refers to related items in the Part D Special Conditions:) ITEM NO. APPROX. UNIT DESCRIPTION OF ITEMS WITH BID QUANTITY PRICES WRITTEN IN WORDS 274 L.F. 8" SDR-35 PVC Sanitary Sewer at various depths as shown on the plans, Per Linear Foot: A) D Cents 10 L.F. 8" SDR-26 PVC Sanitary Sewer with Cement Stabilized Backfill Per Linear Foot: NG Dollars & Cents 3 Ea. 4' Diameter Sanitary Sewer Manhole to 6' Depth with water tight inserts, Per Each: V Q, Cents 8 V.F. Extra Vertical Depth 4' Diameter Sanitary Sewer Manhole, Per Vertical Foot: i C�G-�t" Crushed Limestone, Per Cubic Yard: S.�: x rrJ Dollars & Cents UNIT TOTAL PRICE AMOUNT Updated 05/16/2005 6 1 L.S. Abandon Sanitary Sewer In -Place per plans, (See Sheet #4 for Details) Per Lump Sum: O Dollars & $ $ N� Q Cents T 1 L.S. Compaction and Density Testing, Per Lump Sum: C TH atA5 Ar/,> Dollars & $yO G ©� $'� Cents g, 300 L.F. Trench Safety (deeper than 5 feet), Per Linear Foot: Dollars & /Vav Cents � 3 Ea. Vacuum Test for Manholes, Per Each: f(,�a N.,��.ID�ZE� Dollars& $ Z.Dca,ob Cents 10. 294 L.F. TV Inspection of Sanitary Sewer, Per Linear Foot: $ /V q Cents 11. 1 Ea. Clay Dam, Per Each: N Dollars & $ NO Cents B-5 Updated 05/16/2005 TOTAL AMOUNT BID SEWER Updated 05/16/2005 TOTAL AMOUNT BID WATER $ 6. OQ `"� SXff TOTAL AMOUNT BID SEWER $ Z I ad, S� GRAND TOTAL AMOUNT BID $ 67oso' B-7 Updated 05/16/2005 PART B - PROPOSAL (Copt.) After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required is to become the property of the Developer. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The successful bidder shall be required to perform the work in accord with the following publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, which may be purchased from the Water Department. 2. The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation & Public Works. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within � calendar days after issue of the work order, and to complete the contract withir>oK.40 working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of ,our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of ,our principal Updated 05/16/2005 place of business, are not required to underbid resident bidders. �. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Updated 05J16/2005 I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 2 (Initials) (Seal Date Addendum No. 3 (Initials) Addendum No. 4 (Initials) Respectfully submitted, By: Title Address (I/ l5W6&&111 ZKO �✓E.�irl%�%Zfd/Zl,�, %'�� %mod S Tina Ann Perez My Commission Expires 10/04/2011 Updated 05/16/2005 IL1&;C kequest Review Page 1 of 2 CFWnet City of Fort Worth Employee Intranet FORT WORTH_ 9/3/2008 �� Staff Action Tracking Council Agenda M&C Employee Directory ACToday Employee Classifieds PRS IT Online Departments i%� DATE: CODE: COUNCIL ACTION: Approved on 9/2/2008 9/2/2008 REFERENCE NO.: **C-23007 LOG NAME: L TYPE: CONSENT PUBLIC HEARING: Print M&C 60FRESNEL TECH SUBJECT: Authorize Execution of a Community Facilities Agreement with View Partners, L.P., for Construction of Water and Sewer Services to Serve Fresnel Technologies New Warehouse Located at 101 Morningside Drive, South of Downtown Fort Worth, Texas, with City Participation in the Amount of $55,484.00 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with View Partners, L.P., for the installation of water and sanitary sewer services to serve Fresnel Technologies new warehouse located at 101 Morningside Drive, south of downtown Fort Worth, Texas, with City participation in the amount of $55,484.00. DISCUSSION: View Partners, L.P., the developer of Fresnel Technologies new warehouse, has executed a proposed contract for community facilities to serve a development located at 101 Morningside Drive, south of downtown Fort Worth and east of Interstate 35W (see attached map). The total cost for water and sewer improvements for this development is $80,794.00. There will be City participation to replace the existing 12 inch water main and the 8 inch sewer main in the development area. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST Water Sewer Contingency Inspection Materials Testing TOTAL DEVELOPER CITY $22,400.00 $23,600.00 $1,936.00 $19,080.00 $0.00 $10,670.00 $487.00 $1,067.00 487.00 1 067.00 $25,310.00 $55,484.00 This development is zoned F, industrial, and located in COUNCIL DISTRICT 9. TOTAL $46, 000.00 $21, 016.00 $10,670.00 $1,554.00 $1,554.00 $80,794.00 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund and Sewer Capital Projects Fund. http://apps.cfwnet.org/council�acket/mc review.asp?ID=10262&councildate=9/2/2008 09/03/2008 lei&C request Review Page 2 of 2 TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: FROM Fund/AccountlCenters P265 539140 609150090483 $29,500.00 P265 531350 609150090485 590.00 P265 531200 609150090484 590.00 P275 539140 709130090483 $23,850.00 P275 531350 709130090485 477.00 P275 531200 709130090484 477.00 Fernando Costa (8476) S. Frank Crumb (8207) Additional Information Contact: Stephanie Francis (7585) ATTACHMENTS FresnelTechnologiesWarehouse Location Map.pdf http://apps.cfwnet.org/council�acket/mc review.asp?ID=10262&councildate=9/2/2008 09/03/2008