HomeMy WebLinkAboutContract 34803COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COLTNTY OF TARRANT § Contract No.
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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
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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
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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
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Approval Recommended:
Water Department
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� S. Frank Crumb
Director
ATTEST:
City Secretary
Marty Hendrix
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as to Form:
Assista�'t Cit� Attorney
Primrose Crossing, Phase 3A, Offsite Sanitary Se�ver
Page 5 of 5
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Ci Of Fort Worth
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Assistant City Manager
Marc A. Ott
DEVELOPER
BP 367 Fort Worth, Ltd.
By BP 367 Fort Worth GP, LLC, its
general partner
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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