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HomeMy WebLinkAboutContract 30906 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TA.RRANT § Contract No. aocL WHEREAS, BH Development Two, L.P., hereinafter called "Developer", desires to make certain improvements to Highpoint Hill Addition and a 16" Hemphill Water Line, 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 Barham & Harris Inc., its general partner, by Robert Barham, 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: 1. 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, of the Policy. Highpoint Hill Addition Revised Form per Legal 2/21/03 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 dama,-es are caused, in whole or in part, by the alleged neelieence 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. 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). I. 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. J. 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. K. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof. Water (A)attached Sewer (A-1)attached; Paving (B) Storm Drain (B- 1)_; Street Lights and Signs (C). Highpoint Hill Addition Revised Form per Legal 2/21/03 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 $668,980. 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 $ 147,169 $ -0- $ 147,169 Development Approach $ 190,062 $ 276,624 $ 466,686 Easements* $ -0- $ -0- $ -0- Service (147 x I") $ 55,125 $ -0- $ 55,125 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 392,356 $ 276,624 $ 668,980 * 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; WATER COST SHARE (Developer pays for 8" water pipe and gate valve. The City pays for 16"/8" water pipe, fittings, and valves. 16"/8" water pipe ($40-$17) 9,087 L.F. x $23 = $ 209,001 16"/8" gate valve ($5,911) 5 EA. x $5,911 = $ 29,555 Cast Iron Fittings ($2,969/ton) 8 ton x $2,969 = $ 23,752 1" air release valve ($3,534) 2 EA. x $3,534 = $ 7,068 6" blow-off and manhole ($3,624) 2 EA. x $3,624 = $ 7,248 $ 276,624 Highpoint Hill Addition Revised Form per Legal 2/21/03 Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6"Water Pie $ 15.00 2 LF 8"Water Pie $ 17.00 3 LF 10"Water Pie $ 24.00 4 LF 12"Water Pie $ 26.00 5 LF 16"Water Pie $ 40.00 6 EA 8" Gate Valve w/Cast Iron box & Lid $ 676.00 7 EA 10" Gate Valve w/Cast Iron box& Lid $ 1,182.00 8 EA 12" Gate Valve w/Cast Iron box& Lid $ 1,223.00 9 EA 16" Gate Valve w/Cast Iron box& Lid $ 6,587.00 10 TN Cast Iron/Ductile Iron Fittings $ 2,969.00 Install 1"Air&Vacuum Release Valve 11 EA w/Vault $ 3,534.00 Install 4" blow-Off w/4" Gate Valve & 12 EA Sump Manhole $ 3,624.00 SEWER Unit Price from Developer's Pay tem Unit Description Projects 1 LF 6" S;'nitary Sewer Pie $ 24.00 2 LF 8" Sanitary Sewer Pie $ 25.00 3 LF 10" Sanitary Sewer Pie $ 26.00 4 LF 12" Sanitary Sewer Pie $ 27.00 5 LF 15" Sanitary Sewer Pie $ 28.00 6 LF 18" Sanitary Sewer Pie $ 38.00 7 LF 21"Sanitary Sewer Pie $ 45.00 8 LF 24" Sanitary Sewer Pie $ 48.00 9 EA Standard 4' Diameter Manhole $ 1,293.00 10 EA Standard 5' Diameter Manhole $ 3,125.00 Highpoint Hill Addition Revised Form per Legal 2/21/03 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $230,182. 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 shall bear the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 179,857 $ -0- $ 179,857 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service (145 x 4") $ 50,325 $ -0- $ 50,325 Sub-Total Sewer $ 230,182 $ -0- $ 230,182 Sub-Total Water $ 392,356 $ 276,624 $ 668,980 Total of Water and Sewer Const. $ 622,538 $ 276,624 $ 899,162 Construction Inspection $ 12,451 $ 5,532 $ 17,983 Grand Total $ 634,989 $ 282,156 $ 917,145 *To be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. BH Development Two, L.P. is not entitled to receive water front foot charges or water per acre charges or any other water pro rata charges when the approach water lines are extended through BN Development Company Inc. property. Highpoint Hill Addition Revised Form per Legal 2/21/03 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 fL' t)day of 2004. Approval Recommended: Water Department 4 S. Frank Crumb Acting Director City Of FortWo nI- 7l � City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approved as to Form: Assistant ity Attorney DEVELOPER BM &-ve10,0M 4Two,L P ATTEST: By : Bar{jam �r 14arr15 ,Tri , 6 kr w.-a( partner Corporate Secretary B . t name and title �p1-�1� J�O berg" �• �arl,�,v► ,Vontractthoriz tiola+� - 1 - / � Date Highpoint Hill Addition Revised Form per Legal 2/21/03 0- Q o Z w O Q N QD O N Q 0 _ o U O � J - W �� O (� Of W N Q ``'� -' ocn s O ou d �����3M HI o w IIO w -- U � d J 1S -nlHdW3H Q Z J � o a OD 2 O U 0 C U� C)0L" Z W ��LO Z N -� _ or-) co ^O - 1:40a ^ L_1_ ad )J3 MO80 N a CD _ c T O Li Um W z Z J v 3 W � � u L � u _ UE E o U _ w I CD Q -- w wn/ W J LL �- V) < W Q N w> 0-> Q O) w O Xw D Z)a of M K Scl RAILROA OF WAY WIDTH Hs.-' " Lli LLJ W Q w ry _ CD C CN y _ h Q' 1 Tj� 9'6J� `cLLJIke ^P 00o mQ ^- ` Do CN - - - - 7 _ Q r n �\ l—J Iv Z T ox w W LO J � I L�U) 0 I� N \`\ U n Q Z O OccFW- ►� Q N o ~ U O z z O J ry w Q � � Qw E w U Ln O w N W � Y�Z <� Q V " n- O LL. 39� HI L LJ O w CD 1S 331HdW3H � � -2i Z J c Jly- H �0 _ [if �p a�� N co �I J ly `JCN v P� Z a 0 ab .13-1MC2JO N O L2/- W3 n Oz a W� r^ Um W O V_ �N+ 0 z W � � c L � u U E V E 0 U LLJ <i LJ < < 0 3-1 < Li < LLJ Lij < m > LLJ D CO L,-j x 1p L'i 5 cn z W Q�L'i n LLJ a� WU)CL 0- X —D Li 0 0 SID cr,D AA 9.L X3 LLj 7-m Lj cn 0-n U) < u LJ /* Li << cn > < ry LLJ W ,,j C C14 W > z 1LO , OIC c) M3: > C)I-J 3: 3: 0 (1) CN Q5 L -j LLJ 3: U) FY E E VL�x j Li z,0 C) u W 1 0 I — O LJ Iw N ¢ w Q N CL N� N �E, W O Z. W O Ir OoixW OmWLJ UJ C X >-�- v16 `` XIST 10"SS CL m cn 0 I.K.&T- RpILR�A OF WAYS _ - M (VARIABLE WIDTH RIGHT 0 PRO B"Ss I O LLJ CIO Q 1 ��� c rn po Pm Y O �� J11�111�1 n Vn) I I 1 YI 1 I I S / ``�♦\ W yq or- i —J� I, - / " `2 _� , 11 + ry�n I I 1 � � Lo 1 d61 In zi) - J 'vn �� o> oo — 1 I I II ; I � I �� ♦' , I C'V m t\ CD VT� S5, n , 4k 0 Lu I I 1 = (n [ 1 L1 � 1 i U ✓ � U E � I N I 1 1s- U City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/19/2004 DATE: Tuesday, October 19, 2004 LOG NAME: 60HIGHPOINT REFERENCE NO.: C-20348 SUBJECT: Approval of Community Facilities Agreement with BH Development Two, L.P., for Construction of Water and Sewer Services to Serve High Point Hill Addition, in the Far South Portion of the City of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with BH Development Two, L.P., for the installation of water and sewer services to serve High Point Hill Addition, located in far south Fort Worth. DISCUSSION: BH Development Two, L.P., has executed a proposed contract for community facilities to serve a single- family development located in the far south portion of Fort Worth, east of Hemphill Street and south of FM 1187 (see attached map). The total cost for water and sewer improvements for this development is $917,145. There will be City participation in the approach main (16"/8") to increase pipe capacity and to provide better pressure in the Hemphill and FM 1187 area. The developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST PROJECT COST DEVELOPER CITY TOTAL Water $392,356.00 $276,624.00 $668,980.00 Sewer $230,182.00 $0.00 $230,182.00 Easements $0.00 $0.00 $0.00 Inspection $12,451.00 $5,532.00 $17,983.00 Total $634,989.00 $282,156.00 $917,145.00 This development is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that fund are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. T nnnomn• AALJT(1LJD 1T\JT Pnoa 1 nf? TO Fund/Account/Centers FROM Fund/Account/Centers P164 539140 060164015196 $276,624.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional information Contact: S. Frank Crumb (Acting) (8207) T .,...,o-a- A/1T UI-IU13n ATT pane 7 of 7