Loading...
HomeMy WebLinkAboutContract 37725COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 31�os WHEREAS, Kimball Hill Homes Chadwick Farms, L.P., hereinafter called 'Developer", desires to make certain improvements to Chadwick Farms Sec VI, 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, Denton and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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 and subsequently amended, is hereby incorporated into this Community Facilities Agreement as if copied 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. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the OFF",...,_-t Policy. 0 Chadwick Farms Sec VI CFA 1 04 02 07 F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. 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. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. 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). J. 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). K. 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. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to Chadwick Farms Sec VI C-PA 2 04 02 07 construct current and future improvements provided for in this agreement. M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain (B-l) Attached; Street Lights and Signs (C) Attached. N. 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 Developers) 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, Bl, and C. 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 $ 546,247.880 Chadwick Farms Sec VI CFA 3 04 02 07 SUMMARY OF COST CHADWICK FARMS SEC VI Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $431,996845 $431,996.45 2. Storm Drainage $37,794.00 $37,794000 3. Street Lights $46,800.00 $46,800000 4. Street Name Signs $1,470.00 $1,470.00 B. Engineering Design C. Construction Engineering and Management by DOE 4% $18,791062 $ $18,791.62 D. Materials Testing by DOE 2% $ %395.81 $ 9,395.81 TOTALS $546,247888 $ - $546,247688 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. Chadwick Farms Sec VI CFA 4 04 02 07 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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 triplicate, at Fort Worth, Texas this the r, - day of 2008. Approval Recommended: ATTEST: Marty Hendn City Secretary ATTEST: Corporate Secretary Chadwick Farms Sec VI CFA 04 02 07 �j r• N+ Transportation and Public Works of Fort Worth Assistant City Manager DEVELOPER: Kimball Hill Homes Chadwick Farms, LP a Texas Limited Partnership Successor by merger to Kimball Hill Homes Dallas, LP a Texas Limited Partnership By: Name: Jeffery B. Kullman Its Division President 5 CITY SECRETARY 0 0 N Q U C9 c U a z 0 I= U W cn 0 0 N N _O M M w N I NORTHLAKE CITY LIMIT WE _ 5 OP 14 �i. 06 N� h � 0� Ci C' SITE Q2�P0 35W LOCATION NORTHLAKE E.T.J. v CITY OF FORT WORTH F ~ IV Cemetery o 0 o o r - :2 _ `o 00 CIMURiTCKi u FA3P4S r SECTS I LITSEY ROAD e� e c� �e NTS CITY OO F FORT wOO RTH, TEX.�S Kimball Hill Homes DALLAS DIVISION 3010 LBJ FREEWAY, STE. I100 DALLAS, TEXAS 75234 Phone (9721 481-2200 Drive,Mustang 0 0 0 0 o in N � y O o W Z > Q rocs ¢ 2 S O '> D m� a <LLI M n mO WZ aid ¢ stl co 0 N a N W o� � a �m m 0 W N�Z m m J p � O ® ,u o 3u Q ® z �V6 Ft F O N W w w w o _z w z J z - z z -1 z ¢co a z a z 0 o Q s Q v o � o 0- w o � U) o S a � uui 0 lr O W Z arse w M O U) ® z V o u z W LliW C7 e m s Q 0 C3 O ? O � �"' ¢ o m v o uj J O O X ® z am a L` w z c 0 w u � N N � s I I LI B u 3 91 Of = z Ft O 15 Of of F BOO U i/ 8 ; w / CI cr) / ; 9 L � i/ D 6 '• Ft Q() O / b •\ S \ %° Ate' 9�• L bI ON y 1 91 o £ M � z oz , 61 � w bF 1 - bz z 9zID of 0 G 9 \ � z! - b 21 iF S U J 1 \L "i 99 t 159 6i \� 9 OE 99 1 L 2 89 BLOCK !B L O N It ` OL 69 t t £9 — 41 - ; 8 6Z B .. E�'i Z9 91 .� -. 6 -. t ' S t9 �.. 01 R� LZ Of BS ! 6S 09 �t� 81 _ ! 99 LS -- If bS 5;9 I f I 61 OZ J/OU78 9Z !` ! 3 ZI _ -- i— I Lb 9b -- at OZ ! 11 OS 6b 8b / _ _ b! b `----'---bf £S I ZS IS 1 ZZ If _... 8 ttt _ _ 5b 91 L2IfI0O IIS £Z 1 �^ 0 S1 �{ I 91 Q F� 2 ® ( —r �� bb pm —91 u LF 8£ 6£ Ob i Ib !Z X0078 Li ZZ Of S£ j b£ EF I ZF 2 't£ N� OF ( SZ Be ! L7, I� 6f 90 Ov f 6 Of zz 'o7s � Al MOLL099 Sb' UVd MIMCMD 9NILSM 0 O N 6 O o n J4 2 b U w � m t F2 tg 1 CJ C ® a�d7 Q c U M a� °T z� o b w t� x N a p m Er 1 ? o N ®Wm W O ppC� Z Z 0 1( W Z a4 Y N WCD \ U v 3 O LU ° v � LI ei 91 - S! � bI , £! ZI t ZI O 0 6 E 01 £I \ L 9 L x�o bl •� S s St b s It 91 b '• ZI \ Z £ •� ` OZ 61 EI I 06 �\ IZ \ £Z\. ZZ y 01 ® b£ ? Sz vz ANT DRI E 6 n £ b/ e£ ER E L£ Ip T L zt £ N s c 921 � 1 b !c \� - } Z£ b £ \ 7© \ \ 9 S£ I£ s t a L b£ �-" 9 E9 £9 SI 69 \ \ _ _ 9 ® ® ££ OIOCK 10 \ Oi. T Z9 91 cj --- L tL ; \ CpUR q 6 Z£ E ERASE LI r — N _ Lp1 \V of I£ A 19 �- — 6 ( 09 E1 - (_- BS 65 I 1__ If 0£ 00 Xo07B 01 Q SS ! 99 La ! 61 '- �_--^--1� t4 bS II F ' Lb z---'1 Gl-, bpi LZ ' Zc 1 IS OS 6b Sb ZZ _i 92 £S Coil � b � 1 C� / \ \ - INE COURT -_ £e -� E� SILKV SI bb bZ �J 1 Zb £b lL1 - K Of 61 --- �--! 61 E€ 0£ EZ LEI 9Z OZ 7IVN.L sXI27Hs 1 Z£ b 1 S I 9 L E( 6 OS 11 '00791 E ARK SINAUULA oNs EXCAVATING, INC. June 20, 2008 Kimball Hill Chadwick Farms, L P 3010 LBJ Freeway, Suite 1100 Dallas, Texas 75234 ATTENTION: RE: PROJECT: MSSEI JOB NO: Qear Brooks; Brooks Verschoyle Chadwick Farms Phase 6 755© Mario Sinacola &Sons Excavating, Inc. is willing to proceed with the current contract amount for the above referenced project. Should you need additional information, please do not hesitate to give me a call. Sincerely, MART© SINACOLA &SONS EXCAVATING, INC. �C/�G�✓« IS�uCc�vLL-i— Charles Adorns, P.E. Vice President UTILITIES •PAVING •EXCAVATING P.O. BOX 2329 iD95D RESEARCH ROAD FRISCO, TEXAS 75034 (214) 387-3900 ENGINEERING FAX {214) 387-3940 FINANGE FAX {214} 387-3950 PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: Kimball Hill Homes c/o Goodwin and Marshall, Inc. 2405 Mustang Drive Grapevine, Texas 76051 PROPOSAL FOR: PROJECT NAME CHADWICK FARMS SECTION VI D.O.E. NO: 5633 FILE NO. W - 1941 "X" NO. 19908 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of paving facilities and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: CHADWICK FARMS SECTION VI Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, the General Contract Documents and General Specifications for Water Department Projects, the General Contract Documents and General specifications for Transportation and Public works Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: I: I Updated 05/16/2005 UNIT 1: PAVING IMPROVEMENTS ITEM APPROX. DESCRIPTION OF ITEMS WITH NO. QUANTITY BID PRICES WRITTEN IN WORDS UNIT TOTAL PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1. 16,075 S.Y. 6" Reinforced Concrete Pavement, For the Sum of $22.80 $366,510.00 2. 17,113 S.Y. 6" Lime Stabilized Subgrade Preparation, For the Sum of $1.65 $28,236.45 3. 274 Ton Hydrated Lime @ 32 lb / SY, For the Sum of $90.00 $24,660400 4. 12 EA Barrier Free Ramps For the Sum of $550.00 $6,600.00 5. 174 L.F. Connect to Concrete Header, For the Sum of $10.00 $1,740900 TOTAL AMOITNT BID PAVING $427,746.45 BONDS $ 4,250.00 1 � C11 MENNErWATE "a B-2 Updated 05/16I2005 PART B - PROPOSAL (Cont.) After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required is to become the property of the Developer. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans, The successful kidder shall he required to perform the work in accord with the following publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, which may be purchased from the Water Department, 2. The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation & Public Works. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 45 working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of ,our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of ,our principal place of business, are not required to underbid resident bidders. X B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. B-3 Updated 05/16l2005 I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. I (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Date: Respectfully submitted, le ich�el Sin resident Address P.O. Box 2329 Frisco 'Texas 75034 Telephone: 214-387-3900 Updated 05/16/2005 Project; CHADWICK FARMS PHASE 6 Owner; Kimball Hill Homes Location : Ft. Worth, Texas Date ; July21, 2008 Pags 1 of 2 We propose to provide equipment, labor and material to perform the fol{owing operations. Our proposal is to include these items as specifically listed, all other work items or materials are excluded. Quantities are approximate and based on our interpretation of the plans, invoicing and final contract price to be determined by measured installed quantity. This quote is void after thirty days from proposal date. This proposal is based on the civil drawings prepared by Goodwin & Marshall dated April 10, 2007, Water 1 8" DR-14 PVC Water Main 4,806 LF 1 $ 15.17 $ 72,907002 2 8" Gate Valve & Box 9 EA $ 902.68 $ 8J124612 3 Fire Hydrant Assembly 7 EA $ 23773.14 $ 19,411.98 4 1" Copper Water Service 154 EA $ 446.37 $ 68,740.98 6 Cast Iron Fittings 1.8 TN $ 43257.04 $ 7,662.67 7 Connect to Existing Stub -Out 6 EA $ 300.00 $ 1,800.00 8 Concrete 5 CY $ 82.50 $ 412.50 9 Trench Safety 4,806 LF $ 0.20 $ 961.20 10 Water Testing 4,806 LF $ 0.15 $ 720.90 Subtotal For Water: � 7au,74i.37 Carti4ary .awar 1 8" SIDR-35 PVC Sewer Main LF $ 15.25 $ 39,650,00 2 8" SDR-26 PVC Sewer Main LF $ 16.17 $ 3,298.68 3 4' Diameter Manhole E57 EA $ 1,892.55 $ 17,032695 4 Extra Vertical Depth for 4' Diameter Manhole EA N/C N/C 5 4" SDR-26 PVC Sewer Service EA $ 381.32 $ 21,735024 6 4" SDR-35 PVC Sewer Service 45 1 EA $ 358.37 $ 16,126.65 7 Connect to Existing Sewer Main 2 EA $ 300,00 $ 600.00 8 Trench Safety 21804 LF $ 0.35 $ 981,40 9 Sewer Testing 2,804 LF $ 1.25 $ 3,505.00 10 Concrete 5 CY $ 82.50 $ 412.5D Subtotal for sanitary sewer ius,sa�.uc 6831 Ash Street -Frisco, TX 75034 Office 972 335-4510 Fax 972 712-0971 � L C Page 2 of 2 I�f✓ts7: .............�tFl tFC# .. .. :... .. '., .......£U3lltit :Uttft'1ce ...: ztiSitti :. EA $ 3,600.00 $ 7,200.00 20' Std Curb Inlet 2 2 15' Std Curb Inlet 2 EA $ 31190900 $ 67380.00 3 g41 27" CLIII RCP 406 LF $ 43.15 $ 17,518.90 21" CLIII RCP 30 LF $ 34.43 $ 1,032.90 5 Connect to Existing 27" & Remove HW 1 EA $ 500.00 $ 500.00 6 3' x 3' Strom Manhole 1 FA $ 2,200.00 1 $ 2,200.00 7 JTrench Safety 436 LF $ 0.20 $ 87.20 suptotal to Storm cram : ;p sw,a iv.vu 1� F.W. P & P Bonds w/ 2nd r 100%Maintenance 1 LS $ e,t325.00 $ 8,625.00 This ar000sal does nat Include the following items - Inspection Fees - Permits Impact, Tap Or Connection Fees - Construction Staking or Surveying - Engineering Control - Water Meters - Electrical Conduit Or Work - Landscaping - Tree Removal Or Replacement - Right -of -Way Clearing - Hydromulch, Seed Or Sod Grand Total : $ 327,627.79 - Construction Materials Testing - Traffic Control Plans - Adjustment Of Existing Utilities - Removal Or Replacement Of Paving - Erosion Control - Storm Water Management Plans - Import Of Select Material For Backfill - Offsite Export Of Spoils - Process Or Compaction Of Spoils - Final Adjustment In Paving Areas W e will require 23 working days for substan#ial completion and 7 wortcing days for final completion. Respectfully Submitted, Rich Elliott Rodman Utilities 469-576-3493 6831 Ash Street -Frisco, TX 75034 Office 972 335-4510 Fax 972 712-0971