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HomeMy WebLinkAboutContract 37724COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. �� a WHEREAS, Kimball Hill Homes Chadwick Farms, L.P., hereinafter called "Developer", desires to make certain improvements to Chadwick Farms, Sec V 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 UFFICIAL kE: -,- CITY SECRETAK community facilities in accordance with Section II, paragraph 7 of the FT WORTH, TX � Policy. Chadwick Farms Sec V 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 alleued nejzlience of the CUP 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 V CFA 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 (A4) None; Paving (B)Attached Storm Drain (B-1) 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, B1, 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, B l , 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 $390,272.16. Chadwick Farms Sec V CFA 04 02 07 3 SUMMARY OF COST CHADWICK FARMS SEC V Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $257,677.45 $257,677.45 2. Storm Drainage $77,461.37 $77,461.37 3. Street Lights $33,800.00 $33,800.00 4. Street Name Signs $1,225.00 $17225.00 B. Engineering Design $ C. Construction Engineering and Management by DOE (4%) $131405.56 $13,405.56 D. Materials Testing by DOE (2%) $6,702.78 $61702.78 TOTALS $390,272.16 $ - $390,272.16 Notes: l .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 V 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 day of G C , , 2008. Approval Recommended: Ir ATTEST: City Secretary ATTEST: Corporate Secretary Chadwick Farms Sec V CFA 04 02 07 E Transportation and Public Worlcs City of Fort Worth / Fe PrN4wl C�� *r, 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 7) rr By: Name: Jeffery B. Kullman Its Division President nFFEC���. ���CORC CITY �s�F��TA�{ a 0 VHP� NN TV MAP / NORTHLAKE ;;IT'( _ LIPA IT J� I 1 35W i - NOR-HLAI« T.J. CITY OF FORT WORTH�,�, Q � u z Cemetery m� a s _� _�� o n� i 0 T :)Jj > 3 / Y' 4 �e ° Cr ek SITE / OCATION L1TSEY ROAD I - i Kimball Hill Homes DALLAS DIVISION 3010 IBJ FREEWAI', STE. IIOO DALLAS, TEXAS 75234 Phone D7Cf 81-2200 NTS CIVIL ENGINEERS ~ PLANNERS — SURVEYORS 2405 Mustang Drive, Grapevine, Texas 76051 Metro (817) 329-4373 w I I /�\ m 4> e \ e \/} , §x < //P Qf(e 9 co \\ \Z� ~ $(� e< » \ q))/ : w (M LLJ -- ) z o ` ) z) .\ ® ) § E \ m RN 75 � \ w w Z 1 w W cc Z Z D o Z Z J n Q a z HI � x a _ C rr 0 0 rr w 0 z a� CO a ai m Cj Z W (D 1 o co W cn N Z _ °� cm o W a_ 0-U 0 W m _ z � cr X Z 0- n w W _J a N LLJ 14 If O cn U m � ryfl \ a ` c; � J � cc/ • 9 ry „� h if 1 41 If if it lie if if If \ q m V) U \� j-\if I ry oil I o Or 9 air If fI ifz� of r ry� 1 Z of NiI �� �� ry / U �ti �,� ` Cfit v O N a N a S U 0 E N o x Q U � W mu d l� M ARIO IS INACULA & 5 L Mi EXCAVATING, INC. June 20, 2008 Kimball Hill Chadwick Farms, L P 3010 LBJ Freeway, Suite 1100 Dallas, Texas 75234 ATTENTION: RE: PR07ECT: MSSEI JOB NO: Dear Brooks; Brooks Verschoyle Chadwick Farms Phase 5 7550 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 tail. Sincerely, MARIO SINACOLA & SQNS EXCAVATING, INC. Charles Adams, P.E. Vice President UTILITIES •PAVING •EXCAVATING P.O. BOX 2329 10950 RESEARCH ROAD 1=RISC©, TEXAS 75034 (214} 387-3900 ENGINEERING FAX (214} 387-3940 FINANCE 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 V FILE NO.W-1936 D.O.E. NO: 5617 "X" NO. 19865 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 V 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� Updated 05/16/2005 UNIT I: 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. 9,463 S.Y. 6" Reinforced Concrete Pavement with 7" Curb, For the Sum of $22.80 $215,756.40 2. 10,037 S.Y. 6" Lime Stabilized Subgrade Preparation, For the Sum of $1.65 $16,561805 3. 161 Ton Hydrated Lime @ 32 lb / SY, For the Sum of $90.00 $14,490800 4. 6 EA Barrier Free Ramps For the Sum of $550.00 $35300800 5. 58 L.F. End of Road Barricade, For the Sum of $35.00 $22030000 6. 87 L.F. Connect to Concrete Header, For the Sum of $10.00 $870000 T 35 L.F. 4' Wide Concrete Sidewalk, For the Sum of $12.00 $420.00 TOTAL AMOUNT BID PAVING $253,427.45 BONDS $ 49250*00 GRAND TOTAL BID $2571677*45 B-2 Updated 05/16/2005 PART B -.PROPOSAL (font.) 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 bidder shall be 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 tabor 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. principal place of business of our company or our parent company or majority owner is in the State of Texas. B-3 Updated 05/16/2005 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. 1 (Initials) Addendum No. 2 (Inals} (Seal) �aZ f a� Date: U Addendum No. 3 (Initials) Addendum No. 4 (Inals) Respectfully submitted, Address P.O. Box 2329 Frisco, Texas 75034 Telephone: 214-387-3900 Updated 05/16/2005 Project : GHADWICK FARMS PHASE 5 Owner: Kimball Hill Homes Location : Ft. Worth, Texas Date: July 21, 2008 166 "in II ('n Page 1 of 2 We propose to provide equipment, labor and material to perform the following 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 and Marshall Inc. dated April 10, 2007. lti 1. ;� . .. ....i:........ .. ... ...thuttmet . i •....SI[ - . . --':....: ..: �R�1�k- ° .. `., .•JT/.t .f 1 8" DR-14 PVC Water Main 2,590 LF $ 15.17 $ 39,290g.30 2 8" Gate Valve & Box 6 EA $ 902.68 ,41 $ 56.08 3 Fire Hydrant Assembly 3 EA $ 2,773.14 $ 8,319.42 4 1" Copper Water Service 71 EA $ 446.37 $ 31,692.27 5 1 A /2" Irrigation Service 2 EA $ 931.70 $ 1,863.40 6 Cast Iron Fittings 1.2 TN $ 3,401.18 $ 41081642 7 Connect to Existing Stub -Out 3 EA $ 300.00 $ 900.00 8 Concrete 5 CY $ 82.50 $ 412.50 9 Trench Safety 21590 LF $ 0.20 $ 518,00 10 lWater Testing 21590 LF $ 0.15 $ 388.50 uioiorai ror 4vater : p yc,aa,.ov C�niia,-„ Cewer * �,E1i .,::... ..: .:...::,.:..::..:, .J#!9!7. :. .. .. .... ......::.. .. E:M{Fi . :' .. ': -_ JILA`#iWi. . 'in.►Ffr��'... ...: ..:' 1 8" SDR-35 PVC Sewer Main 11520 LF $ 14.25 $ 21,660600 2 8" SDR-26 PVC Sewer Main 52 LF $ 15A7 $ 788.84 3 4' Diameter Manhole 5 EA $ 1,850.56 $ 91252480 4 Extra Vertical Depth for 4' Diameter Manhole 10 EA N/C N/C 5 4" SDR-26 PVC Sewer Service 24 EA $ 381.32 $ 90151.68 6 4" SDR-35 PVC Sewer Service 25 EA $ 358.37 $ 8,959.25 7 Connect to Existing Sewer Main 2 EA $ 300.00 $ 600400 8 Trench Safety 1,572 LF $ 0.35 $ 550.20 9 ISewer Testing 11572 LF $ 1.25 $ 1,965.00 10 Concrete 5 CY $ 82.50 $ 412.50 uotosai ror *anizarySewer : � aa,s4u.c, 6831 Ash Street -Frisco, TX 75034 Office 972 335-451 D Fax 972 712-0971 Storm main b U n.. 1 15' Std Curti Inlet 2 EA $ %190.00 $ 6,380.00 2 10' Std Curb Inlet 5 EA $ 2,350.00 $ 11,750400 3 42" CLIII RCP 221 LF $ 84,75 $ 18,729.75 4 36" CLIII RCP 95 LF $ 62.13 $ 5,902.35 5 30" CLIII RCP 236 LF $ 48.47 $ 11,438492 6 27" CLlil RCP 29 LF $ 43.15 $ 1,251.35 7 24" CLIII RCP 35 LF $ 38.27 $ 11339645 8 21" CLIII RCP 127 LF $ 34.43 $ 4,372.61 9 Connect to Existing 21" 1 EA $ 300.00 $ 300.00 10 42" Sloped End Headwall 1 EA $ 1,700.00 $ 1,700.00 11 5' x 5' Juncton Sox 1 EA $ 4,040000 $ 4*040,00 12 4' x 4' Junction Box 2 EA $ 11700,00 $ 3,400.00 13 4' x 4' Storm Manhole 1 EA $ 2,660.00 $ 21660600 14 Gabion Mattress 26 SY $ 76.09 $ 1,978.34 15 Trench Safety 718 LF $ 0.20 $ 143.60 uncocar ror scorn uram : a 1;0,000.0► Bonds 1 Ir.VV. P & P Bonds w/ 2nd r 100% Maintenance 1 LS $ 6,225.00 $ B,225.00 This or000sal does not 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 Yotal : $ 2Z7,833.53 - 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 - Offslte Export Of Spoils - Process Or Compaction Of Spoils - Final Adjustment In Paving Areas We will require 15 working days for substan#ial completion and 4 working 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