HomeMy WebLinkAboutContract 33385 r
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.,- a
WHEREAS, Kimball Hill Chadwick Farms, LP, hereinafter called "Developer",
desires to make certain improvements to Chadwick Farms, Section III, 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:
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, 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. Developer acknowledges that there shall be no reduction in the amount of
financial security prior to project cornpletion 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 Policy.
F. The contracts for the construction of the public infrastructure shall be
administered in confonnance with paragraph 8, Section II, of the Policy.
03-30-06 A03 : 03 IN
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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
damga,es are caused, in whole or in part, by the alleged nne,Zlnaennce of the
City of Fort 11"orth, 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 52 ,000, Developer agrees that no
street construction or stonn drainage will begin prior to City Council approval
of this Community Facilities Agreement. (Article I04.100, 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 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-1) Attached; Street Lights and Signs (C) Attached.
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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 Stone 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, BI,
and C.
B. As shown below in the "Summary of Cost for Street and Storni 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 5513,748.34.
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SUMMARY OF COST
Chadwick Farms Section 111
Item Developer City Cost Total Cost
Cost
A. Construction - - -
1. Streets $353,716.75 - $353,716.75
2. Storm Drainage $100,348.00 - $100,348.00
3. Street Lights $31,460.00 - $31,460.00
4. Street Name Signs $980.00 - $980.00
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B. Engineering Design - -C. Construction Engineering
and Management by DOE 4% $18,162.59 - $18,162.59
D. Materials Testing by DOE (2%) $9,081.30 - $9,081.30
TOTALS $513,748.34 - $513,748.34
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 (41/'0) 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.
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 sa'd Dey loper has executed this
instrument in triplicate, at Fort Worth, Texas this the day of 2006.
CITY OF FORT WORTH
Approval Recommended:
By: A� By:
Robert Goode, P.E., Director M ac (k--O tt
Transportation and Public Works Assistant City Manager
Approved as to Form and Legality: RECEIVED
By:
Assist Ci Attorney
ATTEST: 110 M&C REQUIRED �
B V l
'Z�'
Marty Hendrix
City Secretary
DEVELOPER
Kimball Hill Chadwick Farms, LP
a Texas limited partnership
By: Kimball Hill Homes Dallas, LP
a Texas limited partnership, its general partner
By: Kimball Hill Homes Dallas Operations, LLC
Its general partner
By:
Samuel L. WysNtJ, III, Vice President
ATTEST:
By. km'tl� 620jt"�
orate Secretary
ENGINEER'S OPINION OF PROBABLE COST
Date: 12/20/2005 Project: Chadwick Farms, Section 3 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
I. 6" Concrete Pavement S.Y. 12,757 522.00 5280,654.00
2. Lime Stabilized Suburade S.Y. 13.589 52.25 530,575.25
3. Lime (27 lbs,,' S.Y.) Ton 184 S105.00 S19,267.50
4. Barrier Free Ramps Ea. 10 5450.00 S4,500.00
5. Barricade & Header L.F. 58 550.00 S2,900.00
6. 4' Concrete Sidewalk L.F. 1,130 S14.00 S15,820.00
Paving Subtotal $353,716.75
10% Contingency $35,371.68
Paying Total $389,088.43
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 nwst 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 cX Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
hVJY,I �'c''.,•�.J�l�C1..
ENGINEER'S OPINION OF PROBABLE COST
Date: 12/20/2005 Project: Chadwick Farms, Section 3 Client: Kimball Hill
Homes
Job No: 9933 Location: Fort Worth, Texas Page: 2 of 3
ITEM UNIT TOTAL
No. DESCRIPTION UNIT QUANTITY PR11CE COST
Storm Drain Facilities
I. 10' Depressed Curb Inlets Ea. 4 52,200.00 $8,800.00
2. 21" R.C.P. L.F. 45 540.00 51,800.00
3. 24" R.C.P. L.F. 340 $44.00 $14,960.00
4. 33" R.C.P. L.F. 312 558.00 $18.096.00
5. 36" R.C.P. L.F. 617 $64.00 $39,488.00
6. 36" Sloped End Ileadwall Ea. l S2,700.00 $2,700.00
7. 4' x 4' S.D.M.H. Ea. 3 $2,500.00 57,500.00
8. Tx 4' Junction Box w/ M.H. Riser Ea. l 54,000.00 $4,000.00
9. Gabion Mattress S.Y. 26 565.00 $1,690.00
10. Trench Safety L.F. 1,314 S 1.00 S1,314.00
Storm Drain Subtotal $100,348.00
10% Contingence 510,034.80
Storm Drain Total $110,382.80
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 K Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
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I . STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 4 EA $ 2, 600 $10, 400 . 00
MID-BLOCK RESIDENTIAL 6 EA $ 2, 600 $15, 600 . 00
CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2, 600 $2, 600 . 00
MID-BLOCK COLLECTOR 0 EA $ 2, 600 $00, 000 . 00
MID-BLOCK ARTERIAL 0 EA S 3, 000 $00, 000 . 00
I'ID-1,OCK ARTERIA__ MEDIAN 0 $ 3, 000 $00, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $00, 000 . 00
Subtotal $28, 600 . 00
Citv' s Cos: $oo, noo . o0
Developer' s Subtotal $28, 600 . 00
10- Contingencies $2, 860 . 00
Project Total $31, 460 . 00
Adjacent Developer' s Cost $00 . 000 . 00
CFA CODE #205168
DEVELOPERS COST: $31,460.00
CHADWICK FARMS —SECTION Ill
January 9, 2006
Fort Worth, Texas February 3, 2006
PAGE I OF EXHIBIT "C"
II STREET LIGHTS WORK DESCRIPTION:
1 . The Developer shall provide for the installation of street lights at the
approx-'.late locations shown in exhlb=t "._", i=ed_ately after final
acceptance of the street construction, __. accordance w_th engineering plans
and specifications approved by the Transportation and Public Works
Department.
2 . Streetlights on, residential and/cr collector streets can be installed using
overhead or underground conductors witn the approval of the director of
transportation and Publ_c Works.
S. "_'he City of Fort J7or_h will -nstal_ all she stree_ ghts that _,se overhead
or underground condicters cr, _ dentia and co-- lector streets . Tine
developer agrees to pav the it,' of _ort Y7orth the amour_-- shown below prior
to the -tS ceS_Sr. e =:=s, ar -he =tior_ of the developer an:
at their erpe-ise the; may purchase the po-es, f-.:tures, and mast arms from
the Cite in order to assure =mrliance with t , r.a-_er_al standards
4 . J-=�_et 1' :it5 ter, a_-tenial _._re :ail b� �nStai lc., Y;_ _n '.i r_ yrOL:�iQ
conductors
�. The deve_oter agrees __ dedlc-te al_ eaSeI'ientS required For the
installation and maintenance cf the street lights and tc crzT:-de for the
nstallaticn of any electr_ ai transformers req,-ii-ed for the proper
operat-ons of the street light system
G . The esti:7.ated cost of his Street 1- ._ 1'.":5--�._�a'�ic�.i is detailed on :age
_f _xnibit _ a::.. _S f l_:,J-,ar__._��.��'e1.;,. . me _ _reet lignt� ':7=_1 _'emain
the property of, and ai -1 Hair ainea r1_ the City of Fort Forth
January 9, 2006
DEVELOPERS COST: $31 ,460 . 00
CHADWICK FARMS-SECTION III
CFA CODE #2005168
PAGE 11 OF EXHIBIT "C"
iii
"STREET LIGHTS"
INTERSECTIONS
ELMGREEN DR & DELLMAN DR 1
ELMGREEN DR & BURWOOD DR 1
ELMGREEN DR & LAMPTON CT 1
BURWOOD DR & BURWOOD CT 1
MID BLOCK
DELLMAN DR 2
BURWOOD DR 3
LAMPTON CT 1
CHANGE OF DIRECTIONS
LAMPTON CT 1
CHADWICK FARMS-SECTION III
PAGE III OF EXHIBIT "C"
I9Y1u�?'` 1i�
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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 $245.00 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 four (4) intersections at a cost
to the Developer of $980.00:
Elmgreen Dr & Lampton Ct
Elmgreen Dr & Dellman Dr
Elmgreen Dr & Burwood Dr
Burwood Dr & Burwood Ct
Chadwick Farms Section III
CFA code: 2005168 January 9, 2006
, 7
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