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HomeMy WebLinkAboutContract 32645 �.s COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary .ANT r COUNTY OF TARR § Contract No 47�(40-- WHEREAS, Synergy Industrial Park Ltd., hereinafter called "Developer", desires to make certain improvements to Synergy Industrial Park West, Offsite Water And Sanitary Sewer, 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, 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 Happy Baggett, its duly authorized President, 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 H, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section Il, of the Policy. SYNERGY INDUSTRIAL PARK WEST OFFSITE WATER &SEWER Revised Form per Legal December 2004 U� •.��!v l l�f�) �6 L�.a 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: r o,( rN. ^obi i r�Li6!l t. C��� SYNERGY INDUSTRIAL PARK WEST OFFSITE WATER &SEWER Revised Form per Legal December 2004 U Water (A)attached; Sewer (A-1)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. H. Water and Sewer Facilities A. Developer shall install the proposed water line(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $922,062. 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 FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ -0- $ -0- $ -0- Approach $ 444,772 $ 433,900 $ 878,672 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Contingency $ -0- $ 43,390 $ 43,390 Sub-Total Water $ 444,772 $ 477,2901 $ 922,062 * To 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. Open advertised bid by lowest qualified bidder. WATER COST SHARE (Developer pays for 12" water pipe, 2" blow off, 1" air release valve, 12"gate valve, and 3 tons fittings. The City pays for 24'712" water pipe, plus difference in blow-offs, fittings, cathodic protection and valves.) SYNERGY INDUSTRIAL PARK WEST OFFSITE WATER &SEWER Revised Form per Legal December 2004 24'712" water pipe ($67-$37) 8,500 L.F. x $30 = $ 255,000 6"/ 2" water blow-off with sump manhole ($8,000-$6,000) 2 EA. x $2,000 = $ 4,000 2"/1" water air release valve ($7,000-$5,000) 4 EA. x $2,000 = $ 8,000 24712" water gate valves ($22,000-$1,300) 7 EA. x $20,700 = $ 144,900 Cathodic Protection ($13,000) 1 LS X $13,000 = $ 13,000 Cast Iron Fittings ($1,000/ton) 9 Ton x $1,000 = $ 9,000 $ 433,900 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $437,115. 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: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ -0- $ -0- $ -0- Approach $ 385,745 $ 46,700 $ 432,445 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Contingency $ -0- $ 4,670 $ 4,670 Sub-Total Sewer $ 385,745 $ 51,370 $ 437,115 *To 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. Open advertised bid by lowest qualified bidder. SYNERGY INDUSTRIAL PARK WEST OFFSITE WATER &SEWER Revised Form per Legal December 2004 n n U R SEWER COST SHARE (Developer pays for 8" and 10" sewer pipe. The City pays for 10"/8", 15"/12", and 16"/8" sewer pipe.) 16"/8" sewer pipe ($60-$24) 410 L.F. x $36 = $ 14,760 15"/12" sewer pipe ($41-$38) including bore. 2,690 L.F. x $3 = $ 8,070 10"/8" sewer pipe ($29-$17) 1,990 L.F. x $12 = $ 23,880 $ 46,700 TOTAL WATER A;rL SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 444,772 $ 433,900 $ 878,672 Sub-Total Sewer $ 385,745 $ 46,700 $ d32,445 Contingency $ -0- $ 48,060 $ 48,060 Total Water and Sewer $ 830,517 $ 528,660 $ 1,359,177 Construction Construction Inspection $ 16,610 $ 10,573 $ 27,183 Grand Total $ 847,1271 $ 539,233 1 $ 1,386,360 SYNERGY INDUSTRIAL PARK WEST OFFSITE WATER &SEWER Revised Form per Legal December 2004 .a 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 h s exec ted this instrument in quadruplicate, at Fort Worth, Texas this the day of 2005. Approval Recommended: Water Department J S. Frank Crumb Director Contract Authorization Date ATTEST: City Of Fort Wo c City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approved to Form: ell Assist Ci Attorney DEVELOPER ATTEST: cretary 00 Sign, print name and title SYNERGY INDUSTRIAL PARK WEST OFFSITE WATER &SEWER �]ICi�Jw Revised Form per Legal December 2004 ? -,� , WESTPO T PKWY. IIS S� 1�O i i ti SITE KE LER HICKS ROAD a i -1� EAR CREEK r GOLDEN TRIANGLE BLVD.' 3 ,- 1, L a V� VICINITY MAP NOT TO SCALE itaT J � t�py VICINITY MAP SYNERGY INDUSTRIAL ®`® Wi�nkelamann PARK WEST tD/D2/D2 26D17.at.dwq 11 � 1 •. �r,:;J:: _ter 'ac; �% _:.•�`EXISTING'�i'201iird _ ar 1a' uar '(�'ti .]} _1111—`• r �`/ CMC w 147 Ix NG i I FORT'VORTN .... � i i E:T.J r ij ( 1 FORT VMTN Vii. E mr v ll •I' 12' -r ' E.T.J. +�Ys 0 'iNATER /• DOOM ' -----/SYNEI CY f �• r r" -c�St-c TING w m7u7G -_1M1 g 176 ACAE8 ••o _ _ WATER I WAI R4• ♦a4 ;I1 ;J WATER O f; Ganerl rniAnat eLw c TT H REFER TO EXHIBIT A-1 CIS FOR SANITARY SEWER !r ter/',n',� I WATER VII b� c�l':r1N.lSil•'ttnN:U o EXHIBIT 'A' 11H, PIK. `' "1l" WATER _ SYNERGY INDUSTRIAL 1®® VVykeamanc. PARK WEST 10/02/02 2$017w.drq � � ►t 01 1 ;;. � 1 1` � 1• •� , i•✓i:��ExISTWG•Of SMIrrG� stat r.1 W lrj i -""`••, uu.,a><u.+omri• _._{�_VZ rz Imo":=••.'-N'i jl .� ,'\ fit.. 4•;'��•. .' ��, to Ii Q !,• FORT!VORTH r 1 r E.d.J. _ �!I PORT VORTH t ;a E.T.1 t;� � TMr 1 t d! j ' r /SYNERGY �`; ' �- E 1iruNc �•mime IN AL I ' TEYTI, ' 176 ACRES 01 ! TO EXHIBIT A �' ��MRMFER MAIN ' t 5" SS „ 15' SS i h,;j� , u'18 �fLMiters rl QaQETi an 1 '� ,/ a(t /END SANITARY SEWERS/i,," I REFER TO EXHIBIT A 1/ o it FOR WATER MAIN EXHIBIT 'A-I' L SANITARY aEWER SYNERGY INDUSTRIAL `®, ��,����'�n PARK WEST 10/02/02 26017-1.drq Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/1/2005 DATE: Tuesday, November 01, 2005 LOG NAME: 60SYNERGY REFERENCE NO.: C-21132 SUBJECT: Approval of Community Facilities Agreement with Synergy Industrial Park, LTD., for Construction of Offsite Water and Sewer Services to Serve Synergy Industrial Park West RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Synergy Industrial Park, LTD., for the installation of offsite water and sewer services to serve Synergy Industrial Park West, a development located in far north Fort Worth. DISCUSSION: Synergy Industrial Park, LTD., the developer of Synergy Industrial Park West, has executed a proposed contract for community facilities to serve a development located in the far north part of Fort Worth, west of Interstate 35W and south of Keller Hicks Road (see attached map). The total cost for water and sewer improvements for this development is $1,386,361. There will be City participation in water pipe (24"/12") oversizing and sewer pipe (10"/8", 15"/12" and 16"/8") to increase pipe capacity in development area. This 24-inch water main will provide a loop system to serve Woodland Springs East, Woodland Springs West and Keller as identified in the Water Master Plan. The estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOTAL WATER $444,772.00 $433,900.00 $878,672.00 SEWER $385,745.00 $46,700.00 $432,445.00 CONTINGENCY $0.00 $43,390 W/$4,670 S $48,060.00 INSPECTION $16.610.00 $10,573.00 $27,183.00 TOTAL $847,127.00 $539,233.00 $1,386,360.00 This development is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Water and Sewer Funds. TO Fund/AccounVCenters FROM Fund/AccounVCenters PW77 539140 060770140580 $433,900.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/12/2005 Page 2 of 2 PS46 539140 070460140340 $46,700.00 Submitted for City Manager's Office b Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Carrie McBeth (7585) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/12/2005