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HomeMy WebLinkAboutContract 34803COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COLTNTY 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, Phase 3A, Offsite Sanitary Sewer, 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 worlc 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 : C � 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. 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. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. Primrose Crossing, Phase 3A, Offsite Sanitary Sewer Page 1 of 5 � ' _ _ ' __c ' _ _r '_� .� `J���J�.>>�°�� ��5���v�:o � �� �����% ���� i��i��r�il U ��� `'`'�'J!�:�'�I �L���, -���� , E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. 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 worlc, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, wlzetlzer or �zot sacclz i�ijacf�ies, deatlt ot� danza,ges are caused, iia wlzole of� in part, by tlze alle,�ed ne�li�e�zce of tlze City of Fort Wortlz, its offcers, serva�zts, or e�nployees. 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. Primrose Crossing, Phase 3A, Offsite Sanitary Sewer Page 2 of 5 L. M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water (A) ; Sewer (A-1)attached; Paving (B) Storm Drain (B- 1)_; Street Lights and Signs (C). 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. Sewer Facilities A. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $157,107. 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 $ 147,717 $ 9,390 $ 157,107 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 147,717 $ 9,390 $ 157,107 *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. Unit prices contained in City of Fort Worth Ordinance No. 14552; Primrose Crossing, Phase 3A, Offsite Sanitary Sewer Page 3 of 5 r�� � � f, ��" !^� :^� f �;' ��C-.,)t;!:, ac'���v;�D ����tl ����!?�����c�j ��;i:{;.'�li �� U �n � .•�:,U��'�, G��. SEWER COST SHARE (Developer pays for 8" and 12" sewer pipe. The City pays for 18"/12", 15"/8", and 12"/8" sewer pipe.) 18"/12" sewer pipe ($38-$27) 269 L.F. x $11 = $ 2,959 15"/8" sewer pipe ($28-$25) 1,811 L.F. x $3 = $ 5,433 12"/8" sewer pipe ($27-$25) 499 L. F. x$2 = 998 $ 9,390 SEWER Unit Price from Pay Item Unit Description Developer's Projects 1 LF 6" Sanitar Sewer Pi e $ 24.00 2 LF 8" Sanitar Sewer Pi e $ 25.00 3 LF 10" Sanitar Sewer Pi e $ 26.00 4 LF 12" Sanitar Sewer Pi e $ 27.00 5 LF 15" Sanitar Sewer Pi e $ 28.00 6 LF 18" Sanitar Sewer Pi e $ 38.00 7 LF 21" Sanitar Sewer Pi e $ 45.00 8 LF 24" Sanitar Sewer Pi e $ 48.00 9 EA Standard 4' Diameter Manhole $ 1,293.00 10 EA Standard 5' Diameter Manhole $ 3,125.00 TOTAL SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Sewer $ 147,717 $ 9,390 $ 157,107 Total Sewer Construction $ 147,717 $ 9,390 $ 157,107 Construction Ins ection $ 2,954 $ 188 $ 3,142 Grand Total $ 150,671 $ 9,578 $ 160,249 Primrose Crossing, Phase 3A, Offsite Sanitary Sewer Page 4 of 5 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this insmzment 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 saic� Developer ha executed this instrument in quadruplicate, at Fort Worth, Texas this the��ay of � , 2���.1 Approval Recommended: Water Department , ;' � � , �, � l� �,� �i�.�� -� �v�--F�- - � S. Frank Crumb Director ATTEST: City Secretary Marty Hendrix � as to Form: Assista�'t Cit� Attorney Primrose Crossing, Phase 3A, Offsite Sanitary Se�ver Page 5 of 5 � ���� Cora ra - Authox ' z�tia� a � � Da�e ---- - -- -- -- Ci Of Fort Worth ; � Assistant City Manager Marc A. Ott DEVELOPER BP 367 Fort Worth, Ltd. 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I- 1- F- O Z C� � d d (n (n - d � - � O O - - � O � o � � X X - �= Z � d � W W J d00- i U I 0 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/18/2007 - Ordinance No. 17373-01-2007 DATE: Thursday, January 18, 2007 LOG NAME: 60PRIMROSE PH3A REFERENCE NO.: C-21939 SUBJECT: Authorize Execution of a Community Facilities Agreement with BP 367 Fort Worth Limited, by BP 367 Fort Worth GP, L.L.C., its General Partner, for Construction of Sewer Services to Serve Primrose Crossing and Adopt Appropriation Ordinance (CIP No. 00507) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $9,578.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $9,578.00, from available funds; and 3. 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 sewer 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). The total cost for sewer improvements for this development is $160,249. There will be City participation in sewer pipe (18"/12", 15"/8", 12"/8") oversizing to increase pipe capacity in the drainage area. The developer and City estimated costs for sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST SEWER SUBTOTAL INSPECTION TOTAL DEVELOPER $147,717.00 $147,717.00 $2, 954.00 $150,671.00 This development is zoned A-5 and located in COUNCIL DISTRICT 6. CITY $9,390.00 $9,390.00 $188.00 $9,578.00 TOTAL $157,107.00 $157,107.00 $3,142.00 $160,249.00 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/8/2007 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of the above recommendations, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers � P274 472045 7061300507ZZ � P274 539140 706130050783 � P264 531350 706130050785 FROM Fund/Account/Centers $9,578.00 1&2)PE45 538070 0709020 $9,578.00 � $9,390.00 P274 539140 706130050783 � 188.00 P274 531350 706130050785 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Marc Ott (8476) S. Frank Crumb (8207) Carrie McBeth (7585) $9,390.00 188.00 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/8/2007