HomeMy WebLinkAboutContract 33569 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.�
WHEREAS, BH Development Two, L.P., hereinafter called "Developer", desires
to make certain improvements to Highpoint Hill Phase 2, 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, Denton and Wise Counties, Texas, hereinafter called "City", to do
certain work in connection with said improvements.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
For and in consideration of the covenants and conditions contained herein, the City and
the Developer 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 and subsequently amended, is hereby incorporated into this
Community Facilities Agreement as if copied 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. Developer acknowledges that there shall be no reduction in the amount
of financial security prior to project completion and acceptance by the
City.
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy. 0"F IE;Iw,L 16- '�,
� y SEC Rk,Ry
F. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the
Policy.
G. 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 iniuries, 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.
H. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
I. 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).
J. 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).
K. 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.
L. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer
2 n �,�
. W"I"U Tei, TICU'L
construct current and future improvements provided for in this
agreement.
M. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part
hereof: Water (A)None; Sewer (A-1) None; Paving (B)Attached
Storm Drain(B-1) Attached; Street Lights and Signs (C) Attached.
N. 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. 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, B 1,
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 $691,141.77.
SUMMARY OF COST
Highpoint Hill Phase 2
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $ 549,567.80 $ 549,567.80
2. Storm Drainage $ 56,915.00 $ 56,915.00
3. Street Lights $ 46,800.00 $ 46,800.00
4. Street Name Signs $ 1,470.00 $ 1,470.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE
4% $ 24,259.31 $ 24,259.31
D. Materials Testing by DOE
2% $ 12,129.66 $ 12,129.66
TOTALS $ 691,141.77 $ - $ 691,141.77
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
2. Developer's column for Item C represents four percent (4%) cost for construction
inspection fees. The City will pay additional inspection fee over 4%.
3. City not preparing plans and specifications.
4. Developer's column for Item D represents two percent (2%) of paving and storm drain
costs for materials testing.
4 Ary SR2 E ,1°(y
i�� Im"OhI Y Y Y p4
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in triplicate 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 day of
, 2006. RECEIVED
APR 12
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City o h
NO M&C RF:QU11RIED Marc Ott
Assistant City Manager
ATTEST:
f N--,\
Marty Hendrix
City Secretary
Approved as to Form:
i
Assistant ty ttorney
ATTEST: EVEL ER
De o wo, L.P.
Corporate Secretarybert Barham, President of
--Alarham& Harris, Inc.,
It's General Partner
5
FL*b 06' 2006 10: 14RM BRRHRM & HRRRIS, INC. 8173321400 p. 4
Dec 01 2005 9: 38 CIVILworks Engineering 8174486390 p. 5
3. BID PROPOSAL FORM
UNIT II:PAVING AND DRAINAGE EWROV-NMNTS
[TEM APPROX. UNITS DESCRIPTION OF ITEMS WITH UNIT TOTAL.
N0. QUAN. BID PRICES WRITTEN IN WORDS PRICE AMOUNT
4D1 3 EA. Standard 10-Foot Curb Infer Per
S S.700-o a
402 2 EA. Standard 20-Foot Curb Wet(Double
10-Foot); Per Each: S p00'°D S g QDp�O D
403 2 EA.. Standard 4-Foot Square Storm DrainS ��b S
Manhole; Per Each;
404 1 EA. Standard 5-Foot Square Storm brain S 1�Q p S UQ. 0 D
Manhole;Per Each:
405 71 L.F. 21-Inch Class II]RCP including
Excavatum,Bedding and Backfill;Per 8a 0 b
Linear Poor: s yfl S CRIlwo
406 166 L.F. 24-Inch Class III RCP including
Ex-oavation.Bedding and B ackfill;Per /�
Linear Foot 1Y.50'D S1]T 170.C D
407 296 L.P. 27-Inch Claes❑I RCP ineuding
Excavation,Bedding and Bacic.:il1;Per
Linear Foot: g �b d 0 S l q Foo.-Do
409 67 L.F. 42-Inch Clew III RCP including
Excavation,Bedding and Backfill;Per $ D a
Linear Foot: / 1
4D9 I EA. 42•InchType"A"Headwdl(TxDOT
Std.Detail C14-1 1);Per Each: S QW•00 S 'vim
410 5 EA. Curb Irnlet Sediment Filter,including
Installation and Maintenance;Per
Each: S / S
411 49 S.Y. Type"A"Rock Rip-Rap;per Square
Yard: s GO• S 'Q' -7 VD. 0
412 600 L.F. Trench Safety;Per Linear Foot: s /-p o S (001 14'
SUBTOTAL UNIT 11(DRAINACE): S Se, `I/3 C
BFP-4 ,,
Feb 06 ?006 10: 14RM BRRHRM L HRRRIS, INC. 8173321400 P. 5
Dec 01 2005 9: 38 CIVILtuorks EnCineering 8174486390 P. 6
3. 131D PROPOSAL FORM
UNIT II:PAVING 0411 DRAINAGE IMPROVEMENTS
ITEM APPROX UNITS DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUAN. BID PRICES\VRITTEN IN WORDS- PRICE AMOUNT
501 16,803 S.Y. 6-Inch Concrete Pavement Including '
Reinforcing and Joints;Per Square
S
Yard: s 3`73 8!olO.7S
502 2,825 S.Y. 7-Inch Concrete Pavement Including
Reinforcing and Joints;Pet Square 8•s� 5
Yard: $
503 20,908 S.Y. 6-Inch Lime Stabilized Subgrade;Per
Square Yard: J . $_t���-1•
504 335 Ton Lime;Per Ton: S pD .S R. Al /p5•
S05 10,480 L.F. 7-Inch Atlached Concrete Curb;Per
Linear Foot: 9s S d4 9Q-$1
506 I EA. Standard Dead End Barricade;Per S �a p p $ OD-610
Each:
507 9,028 S.F. 4' Wide,4-Incb Thick Concrete S a s0 s a a. 570• V
Sidewalk;Per Square Foot
5D8 6 EA. Std.Handicap Ramp;Per Each: S 00.00 S 3.
D
6, .O
SUBTOTAL UNIT II(PAYING) $ 519, 150-g"
a
°.�;
Fels 06 2006 10: 148M BRRHRM a HRRRIS, INC. 8173321400 P• 6
Dec 01 2005 9: 38 CIVILmorks Engineering 8174486390 p. 7
3. BID PROPOSAL FORM
PROPOSAL SUMMARY SHEET
SUBTOTAL PROPOSAL A S AZT 'S 0
SUBTOTAL UN1T I(WATER) Ea. 9,0
SUBTOTAL UNIT I(SEWER) $ Q Q D, 3`13 00
SUBTOTAL UNIT 0(DRAINAGE) $ S4 1. 17I
SUBTOTAL UNIT I7(PAVING) $ .A 7% $&
7.
GRAND TOTAL S �� go �g•y O
BFP-6
I
Feb 06 2006 10: 14RM BRRHRM & HRRRIS, INC. 8173321400 p. 7
Dee 01 2005 9: 38 CIVILworks Engineering 8174486390 P. 8
3. BID PROPOSAL FORM(Cont.)
All other items required by the plans to eor WIcte the project but not specifically listed in the proposal above shall be
considered subsidiary and shall be included in the unit prices in the proposal.
Within ten (10) days 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 d= faithful
porfomue of the Contact.
The Bidder agrees to begin construction within ten 10 calendar days after issue of the work order,and to complete
the contract within the calendar days below after beginning construction as set forth in the written work order to be
furnished by the Owner.
The undersigned agrees to complete the work as follows:
A. To complete Proposal A: Earthwork and Lot Grading including anticipated delay days due to inclement
weather or muddy ground conditions in calendar days.
I (we)acknowledge reoeipt 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.3 (Initials)
Addendum No. 2(Initials) Addendum No.4(Initials)
Respectfully submitted,
LP
Title: C0net4 S e ,rr es;A on4-
Address Q11. �� 16>44 K
!7(e t! el
Telephone
(Seal)
Date: //Z 8Jd 5i•
BFP-2
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 6 EA $ 2, 600 $15, 600. 00
MID-BLOCK RESIDENTIAL 10 EA $ 2, 600 $26, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 600 $5, 200. 00
MID-BLOCK COLLECTOR 0 EA $ 2, 600 $00, 000. 00
MID-BLOCK ARTERIAL 0 EA $ 3, 000 $00, 000 . 00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3, 000 $00, 000. 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 650 $00, 000. 00
Subtotal $46, 800. 00
City' s Cost $00, 000. 00
Developer' s Subtotal $46, 800. 00
4% Inspection fee $00,000. 00
Project Total $46, 800. 00
Adjacent Developer' s Cost $00 . 000. 00
Developer' s Cost $46,800.00
CFA CODE #2006016
Highpoint Hills Phase 2
DEVELOPERS COST: $46,800.00
February 20, 2006
Fort Worth, Texas February 20, 2006
CIff SiUP ,�?��
Fy. "I""N"MI, UK.
PAGE I OF EXHIBIT "C"
II STREET LIGHTS WORK DESCRIPTION:
1. The Developer shall provide for the installation of street lights 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 of Fort Worth will install all the street lights that use overhead
or underground conductors on residential, and collector streets. The
developer agrees to pay the City of Fort Worth the amount shown below prior
to the City starting its design efforts, at the option of the developer and
at their expense they may purchase the poles, fixtures, and mast arms from
the City in order to assure compliance with city material standards
4 . Street lights on arterial streets shall be installed with underground
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
operations of the street light system
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
February 20, 2006
DEVELOPERS COST: $46,800.00
HIGHPOINT HILL, PHASE II
CFA CODE #2006016
PAGE II OF EXHIBIT "C"
III
"STREET LIGHTS"
INTERSECTIONS
PHEASANT HILL RD & WINDY KNOLL RD 2
WINDY KNOLL RD & CAPROCK PL 1
WINDY KNOLL RD & VIEW POINT LN 1
WINDY KNOLL RD & HEMPHILL ST 1
PHEASANT HILL LN & MCALISTER RD 1
MID BLOCK
PHEASANT HILL IN 3
WINDY KNOLL RD 2
VIEW POINT IN 2
HEMPHILL ST 2
MCALISTER RD 1
CHANGE OF DIRECTIONS
WINDY KNOLL RD 1
MCALISTER RD 1
HIGH POINT HILL, PHASE II
PAGE III OF EXHIBIT "C"
HMO
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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 $245.00 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 six (6) intersections at a cost to
the Developer of$1,470.00:
Windy Knoll Rd & Hemphill St
Windy Knoll Rd & View Point Lane
Windy Knoll Rd & Pheasant Hill Lane
Windy Knoll Rd & Caprock PI
Windy Knoll Rd & Pheasant Hill Lane
Pheasant Hill Lane & McAlister Rd
Highpoint Hill, Phase 2
CFA code: 2006016 February 16, 2006
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