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HomeMy WebLinkAboutContract 31811 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. l b i WHEREAS, Kimball Hill Chadwick Farms, L. P., hereinafter called "Developer", desires to make certain improvements to Chadwick Farm, Section 2, 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 Kimball Hill Homes Dallas, LP, its general partner, acting herein by and through Kimball Hill Homes Dallas Operations, LLC, acting herein by and through Samuel L. Wyse, III, its duly authorized vice 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 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. COMMUNITY FACILITIES AGREEMENT CHADWICK FARMS,SECTIONII �., � � ^ g4%meq•p 7��'' Page I of 4"� '��.,1..-', f: V�J�✓ ;CVD ,o� :T: � 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 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 negligence 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 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 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 'fled 1*LIttlrc provided for in this agreement. COMMUNITY FACILITIES AGREEMENT !• ` �' p^� CHADWICK FARMS,SECTIONII Page 2of5 \�)afL Ue `✓1 i L. Developer agrees to construct the proposed improvements as shown on the following exhibits which are attached hereto and incorporated herein for all intents and purposes: Exhibit B Paving Exhibit B-1 Storm Drains Exhibit C Street Lights and Signs M. 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. 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, B1, and C. 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 kir its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, B 1, 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 $800,067.12. COMMUNITY FACILITIES AGREEMENT �' r� 1N•�'�, �pp�y iI f CHADWICK FARMS,SECTIONII Page 3 of 5 SUMMARY OF COST Chadwick Farms Section 2 Item Developer City Cost Total Cost Cost A. Construction 1. Streets $516,597.70 $ 107,973.00 $ 624,570.70 2. Storm Drainage $115,095.20 $ 115,095.20 3. Street Lights $33,500.00 $ 33,500.00 4. Street Name Signs $300.00 $ 300.00 B. Engineering Design $ - C. Construction Engineering $ and Management by DOE (4%) $ 26,601.22 $ 26,601.22 TOTALS $692,094.12 $ 107,97300j$ 800,067.12 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. COMMUNITY FACILITIES AGREEMENT CHADWICK FARMS,SECTIONII Page 4 of 5 r ONI h }� Executed this day of I 1 , 2005. Approval Recommended: CI O ORT W TH Robert Go e, P. E., Director Mac A Transportation and Public Works Assistant City Manager ATTEST: Approve as to Form and Legality: ��� Marty Hendrix Assistant CTMtorney City Secretary Attest: DEVELOPER Kimball Hill Chadwick Farms LP A Texas Limited Partnership b By: Kimball Hill Homes, LP It's General Partner 'ontract Authoriaatioia��— By: Kimball Hill Homes Dallas nate Operations, LLC It's General Partner tT4 Samuel L.Ivyse, III Vice President VED COMMUNITY FACILITIES AGREEMENT CHADWICK FARMS,SECTIONII Page 5of5 ENGINEER'S OPINION OF PROBABLE COST Date: 3/25/2004 Project: Chadwick Farms, Section 2 Client: Kimball Hill Homes Job No: 9933 Location: Fort Worth, Texas Page: 1 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Paving Facilities 1. 6" Concrete Pavement S.Y. 4,660 $19.75 $92,035.00 2. 8" Concrete Pavement S.Y. 8,588 $24.00 $206,112.00 3. Lime Stabilized Subgrade S.Y. 14,408 $3.50 $50,428.00 4. 8" Concrete Pavement * S.Y. 3,999 $24.00 $95,976.00 (T/PW Participation) 5. Lime Stabilized Subgrade * S.Y. 3,999 $3.50 $13,996.50 (T/PW Participation) 6. Barrier Free Ramps Ea. 6 $400.00 $2,400.00 7. Barricade& Header L.F. 87 $13.36 $1,162.20 8. 4' Concrete Sidewalk L.F. 3,892 $14.00 $54,488.00 (Thoroughfare and Non-Residential) Paving Subtotal $516,597.70 * Transportation/Public Works Cost Participation is based up on the annexation agreement for Chadwick Farms,which stipulates the CFA policy at the time of annexation will be utilized for said development. Therefore,T/PW Cost Participation for Cleveland-Gibbs Road Improvments for turn lanes,median breaks, first 7 feet of concrete paving width,and subgrade totals$108,873 with 10%contingency. 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: 3/25/2004 Project: Chadwick Farms, Section 2 Client: Kimball Hill Homes Job No: 9933 Location: Fort Worth, Texas Page: 2 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Storm Drain Facilities 1. 10'Depressed Curb Inlets Ea. 4 $2,300.00 $9,200.00 2. 15' Depressed Curb Inlets Ea. 1 $2,500.00 $2,500.00 3. 21" R.C.P. L.F. 48 $40.00 $1,920.00 4. 24" R.C.P. L.F. 139 $44.00 $6,116.00 5. 30" R.C.P. L.F. 742 $52.00 $38,584.00 6. 36" R.C.P. L.F. 180 $64.00 $11,520.00 7. 42" R.C.P. L.F. 292 $84.00 $24,528.00 8. 48" R.C.P. L.F. 29 $110.00 $3,190.00 9. 48" Sloped End Headwall Ea. 1 $3,000.00 $3,000.00 10. 4' x 4' Junction Box Ea. 2 $3,000.00 $6,000.00 11. 5' x 4' Junction Box w/M.H. Riser Ea. 1 $5,500.00 $5,500.00 12. Gabion Mattress S.Y. 24 $66.97 $1,607.20 13. Trench Safety L.F. 1,430 $1.00 $1,430.00 Storm Drain Subtotal $115,095.20 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. rr1 l O, �N1, Iq� P1,,f ENGINEER'S OPINION OF PROBABLE COST Date: 3/25/2004 Project: Chadwick Farms, Section 2 Client: Kimball Hill Homes Job No: 9933 Location: Fort Worth, Texas Page: 3 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Miscellaneous 1. Street Lights L.S. 1 $33,500.00 $33,500.00 2. Street Signs L.F. 3 $100.00 $300.00 Miscellaneous Subtotal $33,800.00 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 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. ''Ip}(/ rz n- TAA2y � 'THY R", I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 1 EA $ 2, 000 $2 , 000 . 00 MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2, 000 $2, 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 9 EA $ 2, 500 $22, 500 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $30, 500 . 00 City' s Cost $00, 000 . 00 Developer's Subtotal $30, 500 .00 10% Contingencies $3, 500.00 Project Total $33, 500.00 Adjacent Developer' s Cost $0, 000.00 Developer's Cost $33,500 .00 2% Inspection Fee $0, 00.00 DEVELOPER'S COST: $33, 500.00 CHADWICK FARMS, SECTION II May 19, 2004 Fort Worth, Texas May 25, 2004 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: $33,500.00 CHADWICK FARMS, SECTION II May 19, 2004 FORT WORTH, TEXAS Page II of Exhibit C III. "STREETLIGHTS" INTERSECTIONS SWEETPINE LN & YARDBERRY DR 1 MID-BLOCK SWETTPINE LN 1 YARDBERRY DR 1 CHANGE OF DIRECTIONS YARDBERRY DR 1 MID-BLOCK MEDIAN CLEVELAND GIBBS RD_ 9 CHADWICK FARMS, SECTION II 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. 3 . This development creates the following three (3) intersections at a cost to the Developer of $300 .00 : Cleveland Gibbs Rd & Sweetpine Lane (NB) Cleveland Gibbs Rd & Sweetpine Lane (SB) Yarberry Dr & Sweetpine Lane Chadwick Farms Section 2 CFA code: 2004053 Date : May 7, 2004 L 'v'e F NORTHLAKE CITY LIMIT 5 Gee 114 � 1p N/ N f 5W ~ f NORTHLAKF E.T.J. CITY OF FORT WORTH H o SITE Y / 3 LOCATION Izo Cemetery 0 � o O r u L� �O 02 O x ti� u� r I Glee* LITSEY ROAD e� VDC=Y MAP NTS 0 0 N M C=TADWHC1T1'7\\.. FARMS N 9 N SECTHON DD c 0 p �/-v 11 OCATED E Y 3 C HTY (OF DORY WORTH9 =XAS 0 L U NOWNEDIDEVELA)PED BY: o PREPARED BY: GOODVRNI 0 MAI SHA.]L 9 N Kimball Hill Homes CML ENGINEERS-PLANNERS-SURVEYORS 0 OW1& es IdStreet,Sults 100,Fort Worth Texas 78172 d Dallas Division Meft(817)429-4373 M 1422 W. Main Street, #1206 M Lewisville, Texas �H9 a' Phone (972 ) 353-434-434 5MAR2004 m Fox; (214 ) 222-4466 w 0 o p N tO w O N O w ss W W i S99zn N 44 2 n o Ja 4J o = N Q u p®af v 0 L � u o i .N C O It i a V O N `r a C H O w • a PO a PO ^ w w * _ 8 Q Y _ i & &UV7 ffu} IsBfnS o -- a a v d ^ m d 8 U / C 8 • R N/d r d •y � 0 U) (n w w Q N M z z a = Q Q F��] Q N'Ti N?i• •�� .�Y^r��A1•I ® Li(qQt QZ o}O Z cr3a m CrQa m0LL, D0 ml Cr —aZ- w a$ a\w a\IL, a iiW+Sj CM�v ao3v m3va NLOz M, z M, Za opo wo wo} (n 3. Dov �ov� : . N U o Q_ N(D ohm a c W a p w o w W 0 O t ` O O p N � N .v O W ~y J W¢ e 2 U o8e 3 a ' co Uro \X, o % \r u\, �✓ t Qc a w w d Z w z 1 � � i _ U U) = o o o a z :w ww wCL d CL d U �N 0 o V o O H N I a , g ggN LI1 `L an L7 a 2 O N � g� !m ,w. o 'Laod, N cc 8�q z (S U O L V N \ O V N O O _ o N ry c n o g M fl $ Ol ry « ry ^ / N y� W � o ry rt e auv7 autd;cams a m ry a a T-- 4 -F-T--F- ^ ry • ^ ry 1 1� a 'd 4 d � ry z ID a ry PY, � N ❑ ® V w U d o ry 1-1 w Y y� o ry, a . z / z w � ' � ao m V u O W - V City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/8/2005 DATE: Tuesday, March 08, 2005 LOG NAME: 20CHADWICK I&II REFERENCE NO.: C-20563 SUBJECT: Approval of Community Facilities Agreements with Kimball Hill Chadwick Farms, L.P., for the Installation of Community Facilities to Serve Chadwick Farms, Sections I and II RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute one Community Facilities Agreement (CFA) with Kimball Hill Chadwick Farms, L.P., for the installation of community facilities to serve Chadwick Farms, Section I and a separate CFA with the same developer for the installation of community facitilities to serve Chadwick Farms, Section Il. DISCUSSION: Kimball Hill Chadwick Farms, L.P., the developer of Chadwick Farms, Sections I and II, has executed two proposed contracts for the installation, in two phases, of community facilities to serve a single family (783 lot) development located in north Fort Worth, bounded on the south by Litsey Road, (See Attachment). The proposed Community Facility Agreements for Sections I and II reflect the Annexation Service Agreement corresponding to Ordinance No. 14387, (attached), approved by City Council on November 14, 2000 (M&C PZ-2243). That service agreement specifies that the City will reimburse the developer for pavement oversizing of the north/south thoroughfare from Litsey Road to S.H. 114 and for construction of drainage facilities as required according to the "Installation Policy of Community Facilities" in effect in November 2000. The estimated costs of all community facilities for Chadwick Farms, Section I are as follows: Infrastructure Category Developer Citi[ Total Paving $1,203,120.33 $116,129.75 $1,319,250.08 Storm Drain $490,101.70 $0.00 $490,101.70 Street Lights $79,200.00 $0.00 $79,200.00 Street Name Signs $1,900.00 $0.00 $1,900.00 Inspection $67,385.74 $0.00 $67,385.74 Total $1,841,707.77 $116,129.75 $1,957,837.52 Execution of this CFA would entail the allocation of City funds in the amount of $116,129.75 from the 2004 Bond Program Standard CFA Obligation funds. This CFA includes $190,000 in developer funds for future drainage and paving improvements to Litsey Road, which is in agreement with the requirements of the Annexation ordinance. Logname: 20CHADWICK III Paee I of 2 The estimated costs of all community facilities for Chadwick Farms, Section II are as follows: Infrastructure Category Developer CRY Total Paving $516,597.70 $107,973.00 $624,570.70 Storm Drain $115,095.20 $0.00 $115,095.20 Street Lights $33,500.00 $0.00 $33,500.00 Street Name Signs $300.00 $0.00 $300.00 Inspection $26,601.22 $0.00 $26,601.22 Total $692,094.12 $107,973.00 $800,067.12 Execution of this CFA would entail the allocation of City funds in the amount of$107,973.00 from the 2004 Bond Program Standard CFA Obligation funds. This development is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvement Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C202 541200 20 2 76 00208 83 $224,102.75 Submitted for City Manager's Office bv: Marc Ott (6191) Originating Department Head: Robert Goode (7804) Additional Information Contact: Katherine Mehl (7918) Logname: 20CHADWICK III Page 2 of 2