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
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City Secretary Assistant City Manager
Marty Hendrix Marc A. Ott
Approved as to Form:
Assistant ity Attorney
DEVELOPER
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ATTEST: By : Bar{jam �r 14arr15 ,Tri ,
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Corporate Secretary B .
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Highpoint Hill Addition
Revised Form per Legal 2/21/03
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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