HomeMy WebLinkAboutContract 32042 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary �/'�
COUNTY OF TARRANT § Contract No. _ Z`d',
WHEREAS, Scott Communities Developers Limited Partnership, hereinafter
called "Developer", desires to make certain improvements to Lago Vista, Phase IIIB at
Bonds Ranch, 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 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 Scott Communities, L.L.C.,
its duly authorized General Partner, and Jesse Flores, its Managing Member, 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, Policy. S .
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CFATPWPh3B 1J�t' ;�°�' ''
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 neQliQence of the Ci-1Y 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:
CFATPWPh3B 2
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Water (A) None; Sewer (A-1)None; Paving (B) attached; Storm Drain (13-
1) attached; Street Lights and Signs (C) attached.
II. Street and Storm Drain Facilities
A. The Developer(s) agree to install or to cause to have installed, the street,
storm drainage, street lighting, street name sign and other community
facilities improvements shown as "current improvements" on the attached
Exhibits B, B 1, and C.
B. As shown below in the "Summary of Cost for Street and Storm Drain
Facilities", the Developer shall fund its share of "current improvements"
and shall pay to the City for its share of the cost of street, storm drainage,
street lighting, street name signs as shown on the attached Exhibits B, BI,
and C. The estimated total cost of current improvements and related
support services specified in this agreement, including design,
construction and inspection is estimated to $770,164.03.
Item Developer City Total
Cost Cost Cost
A. Construction
1. Streets $ 482,220.18 $ - $ 482,220.18
2. Storm Drainage $ 235,097.50 $ - $ 235,097.50
3. Street Lights $ 8,800.00 $ 28,700.00 $ 37,500.00
4. Street Name Signs $ - $ 1,000.00 $ 1,000.00
B. Engineering Design $ - $ - $ -
C. Construction Engineering and
Management by DOE (2%) $ 14,346.35 (") $ 14,346.35
$ 740,464.03 $ 29,700.00 $ 770,164.03
Notes:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
Sidewalk cost is included under street cost. The developer is responsible for
installation of sidewalk. A separate sidewalk bond of$173,745.00 is provided.
2. Developer's column for Item C represents two percent (2%) cost for construction
inspection fees and materials testing less 10% for contingency cost.
(*) Represents City participation for construction fees based on actual cost.
3. City not preparing plans and specifications.
CFATPWPh3B (2).doc 3
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 Devel per
has executed this instrument in triplicate, at Fort Worth, Texas this the ljday of
,200f
Approval Recommended:
Transportation and Public Works
Department
�D ] LNO M&CRICQUIRE- Robert Goode, P. E.
Director
ATTEST: City Of Fort Worth
B
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City Secretary Assistan City Manager
Approved as to Form:
st . t City Attorney
ATTEST: DEVELOPER
Scott Communities Developer
Limited Partnership
By: Scott Communities, L.L.C.
I ener 1 Partner
� - .- B
Ger ecre ark Je Flores, Managing Member
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ENGINEER'S OPINION OF PROBABLE COST
Date: 07/14/2003 Project: Lago Vista, Phase IIIB at Bonds Ranch Client: Scott Homes
Job No: 10005 Location: Fort Worth, Texas Page: 1 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
On-Site Paving Facilities
1. 6" Concrete Pavement S.Y. 21,704 $17.10 $371,138.40
2. Lime Treated Subgrade S.Y. 22,404 $1.35 $30,245.40
3. Hydrated Lime Tons 336.0 $85.00 $28,560.00
4. Connect to Existing L.F. 110 $15.00 $1,650.00
5. 4' Sidewalk L.F. 655 $11.40 $7,467.00
10% Contigency $43,159.38
Paving Subtotal $482,220.18
Home Builder Sidewalks
1. 4' Sidewalk L.F. 11,700 $13.50 $157,950.00
10% Contingency $15,795.00
Subtotal $173,745.00
*To be bonded seperately
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
ENGINEER'S OPINION OF PROBABLE COST
Date: 07/14/2003 Project: Lago Vista, Phase IIIB at Bonds Ranch Client: Scott Homes
Job No: 10005 Location: Fort Worth, Texas Page: 2 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
Storm Drain Facilities
1. 21" R.C.P. L.F. 136 $45.00 $6,120.00
2. 24" R.C.P. L.F. 1,057 $49.00 $51,793.00
3. 36" R.C.P. L.F. 240 $72.00 $17,280.00
4. 39" R.C.P. L.F. 398 $87.00 $34,626.00
5. 42" R.C.P. L.F. 325 $92.00 $29,900.00
6. 48" R.C.P. L.F. 118 $107.00 $12,626.00
7. 24" Sloped-End Headwall Ea. 3 $1,200.00 $3,600.00
8. 48" Sloped-End Headwall Ea. 1 $2,350.00 $2,350.00
9. 10' Inlet Ea. 8 $2,500.00 $20,000.00
10. 15' Inlet Ea. 1 $2,800.00 $2,800.00
11. 5'x 5' Storm Drain Manhole Ea. 1 $6,300.00 $6,300.00
12. 4'x 4' Storm Drain Manhole Ea. 1 $2,200.00 $2,200.00
13. Modified Storm Drain Manhole Ea. 1 $4,300.00 $4,300.00
14. 10' Inlet w/Junction Box Ea. 1 $4,700.00 $4,700.00
15. 6'x 9'Junction Box Ea. 1 $4,300.00 $4,300.00
16. 18" Thick Gabion Mattress S.Y. 32 $125.00 $4,000.00
17. 12" Thick Gabion Mattress S.Y. 18 $110.00 $1,980.00
18. Trench Safety L.F. 2,274 $1.00 $2,274.00
19. Earth Channel L.F. 184 $14.00 $2,576.00
10% Contigency $21,372.50
Sanitary Sewer Subtotal $235,097.50
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin &. Marshall, Inc. can not tuarantee _..
that actual costs will not vary from the opinions expressed herein.
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ENGINEER'S OPINION OF PROBABLE COST
Date: 07/14/2003 Project: Lago Vista, Phase IIIB at Bonds Ranch Client: Scott Homes
Job No: 10005 Location: Fort Worth, Texas Page: 3 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PRICE COST
City Fees
1. Street Signs Ea. 10 $100.00 $1,000.00
2. Street Lights Ea. 18 $1,500.00 $27,000.00
City Fees Subtotal $28,000.00
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to-
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee_' (V,i�
that actual costs will not vary from the opinions expressed herein.
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 8 EA $ 2, 000 $00, 000. 00
MID-BLOCK RESIDENTIAL 11 EA $ 2, 000 $8, 000. 00
CHANGE OF DIRECTION RESIDENTIAL 6 EA $ 2, 000 $00, 000. 00
MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000 . 00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 500 $0, 000 .00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000. 00
City' s Cost $28,700.00
Developer's Subtotal $8,000.00
10% Contingencies $800.00
Project Total $8,800.00
Adjacent Developer's Cost $0,000.00
Developer's Cost $8,800.00
2% Inspection Fee $0,000 .00
CFA CODE #2004010
(REVISED 04/26/2005)
DEVELOPER' S COST: $8,800.00
FOR FOUR (4) ADDITIONAL MID BLOCK LIGHTS
LAGO VISTA @ BONDS RANCH, PHASE III-B
April 22, 2004
Fort Worth, Texas
April 26, 2005
PAGE I OF Exhibit C
II. STREET LIGHTS WORK DESCRIPTION:
1 . The Developer shall provide for the installation of streetlights
at the approximate locations shown in Exhibit "C", immediately
after final acceptance of the street construction, in accordance
with engineering plans and specifications approved by the
Transportation and Public Works Department.
2 . Streetlights on residential and /or collector streets can be
installed using overhead or underground conductors with the
approval of the Director of Transportation and Public Works.
3. The City will install all the streetlights that use overhead or
underground conductors on residential, and collector streets. the
developer agrees to pay the city the amount shown below prior to
the City starting it' s design efforts.
4 . Streetlights on arterial streets shall be installed with
underground conduit and conductors.
5. The Developer agrees to dedicate all easements required for the
installation and maintenance of the street lights and to provide
for the installation of any electrical transformers required for
the proper operation of the street lights
6. The estimated cost of this street light installation is detailed
on page 1 of exhibit C and is summarized below, the street lights
will remain the property of, and will be maintained by the City of
Fort Worth.
DEVELOPER'S COST: $8,800.00
LAGO VISTA @ BONDS RANCH, PHASE III-B
April 22, 2004
FORT WORTH, TEXAS
CFA CODE 2004010
(REVISED 04/26/2005)
Page II of Exhibit C
nIf
III
"SRTREETLIGHTS"
INTERSECTIONS
SWIFT CURRENT TRL & BONDS RANCH RD 1
SWIFT CURRENT TRL & SWIFT CURRENT CT 1
SWIFT CURRENT TRL & OWL CREEK DR 1
BONDS RANCH RD & STREET A 1
FERNBURY DR & FERNBURY CT 1
FERNBURY DR & OWL CREEK IN 1
FERNBURY DR & OWL CREEK DR 1
OWL CREEK IN & STREET A 1
MID-BLOCK,
SWIFT CURRENT TRL 4
OWL CREEK DR 3
OWL CREEK IN 2
FERNBURY CT 1
FERNBURY DR 1
CHANGE OF DIRECTIONS
SWIFT CURRENT CT 1
SWIFT CURRENT TRL 1
OWL CREEK DR 1
OWL CREEK IN 1
MUMMY CT 1
FERNBURY DR 1
LAGO VISTA RANCH, PHASE III-B
Page III of Exhibit C ^� �
IV
STREET NAME SIGNS
1 . The City of Fort Worth will install the street name signs upon
final approval of the street construction. The street name signs
will remain the property of, and will be maintained by, the City
of Fort Worth.
2 . The Developer will pay for the street name sign installations
required for this development to the extent of $100 .00 per
intersection. This unit cost will be revised annually by the
Department of Transportation and Public Works to reflect
prevailing costs of materials and labor.
This development creates the following ten (10) intersections at
a cost to the Developer of $1, 000.00 :
Swiftcurrent Tr & Bonds Ranch Rd
Swiftcurrent Tr & Swiftcurrent Ct
Swiftcurrent Tr & Owl Creek Dr
Owl Creek Dr & Owl Creek Dr (depending on blk #s may not be needed)
Owl Creek Dr & Fernbury Dr
Owl Creek Dr & Owl Creek Lane
Fernbury Dr & Fernbury Dr (depending on blk #s may not be needed)
Fernbury Dr & Fernbury Ct
Fernbury Dr & Owl Creek Lane
(unnamed Street) & Owl Creek Lane
Lago Vista at Bonds Ranch Phase 3B
CFA code: 2004010 Date: April 22, 2004
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/24/2005
DATE: Tuesday, May 24, 2005
LOG NAME: 20LAGOVISTAPH3B REFERENCE NO.: C-20760
SUBJECT:
Authorize Execution of a Community Facilities Agreement with Scott Communities Developers
Limited Partnership for Lago Vista Phase III B on Bonds Ranch Road
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Scott Communities Developers Limited Partnership, for the installation of community
facilities for Lago Vista Phase III B on Bonds Ranch Road.
DISCUSSION:
On April 22, 2003, (M&C G-13956), the City Council approved funds in the amount of $3.28 million to be
moved from the Special Assessments Fund to supplement the 1998 Capital Improvement Program new
development funds.
This project was included in the list of the 83 projects submitted to the City prior to July 29, 2003, when the
City Council placed a moratorium on City participation in community facilities agreements for street, storm
drain, street lights and street name signs facilities.
The Developer, Scott Communities Developers Limited Partnership, by Scott Communities, L.L.C., its
General Partner, has executed a proposed contract for community facilities to construct public
improvements to serve Lago Vista Phase III B, a 105 lot single-family development. It is located in north
Fort Worth, north of Boat Club Road, south of Bonds' Ranch Road, east of Boat Club Road and west of
Business Highway 287 (See attached vicinity map). The developer is responsible for six interior streets
and associated storm drain improvements. There will be City participation for street lights and street name
signs.
There will be twenty-five street lights installed. The developer is responsible for the cost of the installation
of underground conduit and pole bases. Transportation and Public Works Department (TPW) is
participating in the wiring and street light fixtures and ten intersections where street name signs will be
installed.
PLAN COMMISSION APPROVAL — On July 25, 2001, the Plan Commission approved the preliminary plat
(PP-01-018). The final plat (FP-002-136) has been filed for record on April 15, 2005.
This Community Facilities Agreement is in compliance with the City's Policy for the Installation of
Community Facilities.
Logname: 20LAGOVISTAPH3B Page 1 of 2
The estimated cost of the community facilities is as follows and subject to the actual bid price.
ESTIMATED COST DEVELOPER TPW TOTAL
Street Improvements $482,220.18 $0.00 $482,220.18
Design Engineering N/A $0.00 $0.00
Construction Inspection Fees $9,644.40 (*) $9,644.40
Storm Improvements $235,097.50 $0.00 $235,097.50
Design Engineering N/A $0.00 $0.00
Construction Inspection Fees $4,701.95 (*) $4,701.95
Street Lights $8,800.00 $28,700.00 $37,500.00
Street Name Signs 0.00 $1,000.00 $1,000.00
TOTAL $740,464.03 $29,700.00 $770,164.03
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current Capital Budget, as appropriated, of the
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C115 541200 020115136801 $28,700.00
C115 541200 020115136802 $1,000.00
Submitted for City Manager's Office bv: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Christa Sharpe (8009)
Logname: 20LAGOVISTAPH3B Page 2 of 2