HomeMy WebLinkAboutContract 33609 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary 1�n
COUNTY OF TARRANT § Contract No., ���
WHEREAS, BP 367 Fort Worth Limited, by BP 367 Fort Worth GP, L.L.C., its
general partner, hereinafter called "Developer", desires to make certain improvements to
Primrose Crossing 24-inch Waterline Along Brewer Boulevard, 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 Shaul Baruch, 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 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,
Primrose Crossing 24-inch Waterline Along Brewer Boulevard
Revised Fareryer Leeal?y ber 2004
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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:
Primrose Crossing 24-inch Waterline Along Brewer Boulevard (VAR JK`�IHII R
Revised Form per Legal December 2004 R
l5K
Water (A)attached; Sewer (A-1) ; 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 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 $291,570.
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 $ 80,172 $ 211,398 $ 291,570
Easements* $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Water $ 80,172 $ 211,398 $ 291,570
* 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. Public open bid
WATER COST SHARE (Developer pays for 10" and 8" water pipe, gate valves,
10"x16" cross, 10"x8" tee, 8"x8" tee, 8"-45 degree bend, 10" plug, and 8"
plug. The City pays for 24"/10" and 24"/8" water pipe, gate valves,
24"x16" cross, 24"x8" tee, 24"-45 degree bend, 24" plug, and cathodic
protection.)
Primrose Crossing 24-inch Waterline Along Brewer Boulevard
Revised Form per Legal December 2004 -�,n5p� R �
L�10
24"/10" water pipe ($51.40-$25.25)
881 L.F. x $26.15 = $ 23,038.15
24"/8" water pipe ($51.40-$21.87)
1 ,596 L.F. x $29.53 = $ 47,129.88
24'710" gate valves ($25,490-$1,104.36)
2 EA x $24,385.64 = $ 48,771.28
24"/8" gate valves ($25,490-$777.43)
2 EA x $24,385.64 = $ 49,425.14
24"x16"/16"x10" cross ($2,882-$1,384.14)
1 EA x $1,497.86 = $ 1,497.86
24"x8"/10"x8" tee ($2,242-$553.77)
1 EA x $1,688.23 = $ 1,688.23
24"x8"/8"x8" tee ($2,242-$487.99)
2 EA x $1,754.01 = $ 3,508.02
24"-45 degree bend/8"-45 degree bend ($1,466-$371.36)
4 EA x $1,094.64 = $ 4,378.56
24"/10" plug ($1 ,153-$184.45)
1 EA x $968.55 = $ 968.55
24"/8" plug ($1,153-$160.24)
1 EA x $992.76 = $ 992.76
Cathodic protection ($30,000.00)
1 LS x $30,000.00 = $ 30,000.00
$ 211,398.43
TOTAL WATER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 80,172 $ 211,398 $ 291,570
Total Water Construction $ 80,172 $ 211,398 $ 291,570
Construction Inspection $ 1,603 $ 4,228 $ 5,831
Grand Total 1 $ 81,775 $ 215,6261 $ 297,401
1 it ibj
Primrose Crossing 24-inch Waterline Along Brewer BoulevardkCIIR�
Revised Form per Legal December 2004 ,,,�
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
has executed this instrument in quadruplicate, at Fort Worth, Texas this the ly iay of
2006.
Approval Recommended:
Water Department
Contract Authorizatio ,
9. ra Crumb �� .P
Director
ATTEST:
City Of F rt Worth
City Secretary Assis ant City Manager
Marty Hendrix Marc A. Ott
Approved as to Form:
ssis t ty Attorney
DEVELOPER
BP 367 Fort Worth Limited,
ATTEST: by BP 367 Fort Worth GP,
L.L.C., its general partner
Corporate Secretary By:
S'ha (X C, . grach
Sign -it name and title
Prirru-ose Crossing 24-inch Waterline Along Brewer Boulevard �(-,QR
Revised Form per Legal December 2004
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/6/2006
DATE: Tuesday, June 06, 2006
LOG NAME: 60PRIMROSE XING REFERENCE NO.: C-21495
SUBJECT:
Authorize Execution of Community Facilities Agreement with BP 367 Fort Worth Limited, by BP 367
Fort Worth GP, L.L.C., its General Partner, for Construction of Water Services to Serve Primrose
Crossing, a Development of Single-Family Homes in the Far Southwest Part of the City of Fort
Worth, Texas
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a community facilities
agreement with BP 367 Fort Worth Limited, by BP 367 Fort Worth GP, L.L.C., its General Partner, for the
installation of water services to serve Primrose Crossing, a future single-family home development, located
in far southwest Fort Worth.
DISCUSSION:
BP 367 Fort Worth Limited, by BP 367 Fort Worth GP, L.L.C., its General Partner, the developer of
Primrose Crossing, has executed a proposed contract for community facilities to serve a single-family
development located in the far southwest part of Fort Worth, along Brewer Boulevard and west of Summer
Creek Boulevard (see attached map).
Total Cost for water improvements for this development is $297,401. There will be City participation in
water pipe (24"/10" and 24"/8") oversizing to increase pipe capacity in development area. The Developer
and City estimated costs for water improvements are subject to construction inspection fees.
ESTIMATED COST:
PROJECT COST DEVELOPER CITY TOTAL
WATER $80,172.00 $211,398.00 $291,570.00
INSPECTION $1,603.00 $4,228.00 5 831.00
TOTAL $81,775.00 $215,626.00 $297,401.00
This development is zoned A-5 and located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/8/2006
Page 2 of 2
P264 539140 606140040483 $211,398.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: S. Frank Crumb (8207)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/8/2006