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Home My WebLink AboutContract 45206 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT § City Secretary Contract No. /Ic --Z oUL WHEREAS, the undersigned Developer ("Developer") desires to make certain improvements ("Improvements") related to a project as described below ("Project") within the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the Improvements. Developer and Project Information: Developer Company Name: Hillwood Alliance Services, LLC Address, State, Zip Code: 13600 Heritage Pkwy., Suite 200 I Fort Worth, TX 76177 Phone, E-Mail: (817) 224-6000, joe.sclmeider@hillwood.com Authorized Signatory/Title: L. Russell Laughlin, Senior Vice President Project Name and Brief Description: Paving, Drainage & Street Light Improvements to serve Alliance Center North Ph. 1 Project Location: East of the intersection of Eagle Pkwy. & I-35W Plat Case No.: FP-013-030/FP-013-031 Plat Name: Alliance Center North Council District: 7 To be completed by seta ff.• Received by: h City Project No: 02151 CFA: 2013-084 DOE: 7127 Date: D'\ OFFICIAL RECORD MY SECRETAIW RECEIVED DEC 7 2tW3 1 NOW, THEREFORE, For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 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, as amended, is hereby incorporated into this 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 and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Irnprovernents. Developer further acknowledges that said process requires the contractor to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub -contractor and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full for all the services provided under this contract. C. Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City - approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits are made a part hereof: Water (A) N/A Sewer (A-1) N/A., Paving (B) `X_, Storm Drain (B-1) X , Street Lights & Signs (C) X . E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets and/or- prequalified to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the Improvements and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the Improvements for a period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all tiles by City inspection forces, and not to install or relocate any sanitary sewer, stoiur drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City v. To require its contractor to have fully executed contract documents submitted to the City to schedule a Pre -Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City -issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer agrees to provide, at its expense all engineering drawings and documents necessary to construct the improvements required by this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein I. 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. J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L 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. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, the construction of the infrastructure contemplated herein, 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. Further, Developer will require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. N. Upon completion of all work associated with the construction of the infrastructure and Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YFiARS i If applicable, the City's obligation to participate (exclusive of front foot charges) in the cost of the Improvements shall terminate if the Improvements are not completed within two (2) years; provided, however, if construction of the Improvements has started within the two year period, the developer may request that the CFA be extended for one year. If the Improvements are not completed within such extension period, there will be no further obligation of the City to participate. City participation in a CFA shall be subject to the availability of City funds and approval by the Fort Worth City Council ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two (2) years from the date of this Agreement the Improvements have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Cost Summary Sheet Project Name: Alliance Center North Ph. 1 — Paving, Drainage, Street Lights CFA No.: 2013-084 DOE No.:7127 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer Developer's Cost $ $ $ $ 815,109.50 516,732.40 245,504.00 TPW Construction Cost Total $ 1,577,345.90 Total Construction Cost (excluding the fees): Construction Fees: C. Water/Sewer Inspection Fee (2%) D. Water/Sewer Material Testing Fee (2%) Sub -Total for Water Construction Fees $ 1,577,345.90 E TPW Inspection Fee (4%) $ 53,273.68 F. TPW Material Testing (2%) $ 26,636.84 G. Street Light Inspsection Cost $ 9,820.16 H. Street Signs Installation Cost $ Sub -Total for TPW Construction Fees $ 89,730.67 Total Construction Fees: Financial Guarantee Options, choose one Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% w/2yr expiration period $ 89,730.67 $ Choice Amount (ck one) 1,577,345.90 1,577,345.90 1,971,682.38 1,971,682.38 Vii IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its naive 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 execu d this instrument in quadruplicate, at Fort Worth, Texas this / day of 'CA? • 20 ) CITY OF FORT WORTH - Recommended by: Water Department Wendy Chi-Babulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality: Douglas . Black Assistant City Attorney M&C No.fr7,i Date: ATTEST: v Mary J. Ka�see City Secreta ATTEST: Eafre( Ania Signature (Print) Name: Lor v1fj Title: t\6V\A n r 4-i ve- Asst.. Transportation & Public Works Department Li Al Douglas, . Wiersig, P.E. Director Approved by City Manager's Office 7744uctio Fernando Costa Assistant City Manager DEVELOPER: Hillwood Alliance Services, LLC 8 Signature (Print) Name: L. Russell Laughlin Title: Senior Vice President Ol FOMAL RECORD gU7'Y SECRETARY L' flu !NORTH, TX • Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate ►1 n n rs ►1 rs ►1 (Remainder of Page Intentionally Left Blank) 9 EAGLE PKWY wp U mQ) AGLEZ PKWY t GB "SO NORTH NOT TO SCALE ALLIANCE CENTER NORTH PHASE 1 OWNER / DEVELOPER. HILLWOOD ALLIANCE SERVICES, L.P. 13600 HERITAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 PHONE: (817) 224 - 6000 ENGINEER• IilIi PE LOTO N f'" LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 DATE: OCTOBER, 2013 37' B-B / 120' ROW IL IN\'E T ! Id EAGLE PARKWAY E.I. NO LEGEND PROPOSED CONCRETE PAVEMENT SIDEWALK BY DEVELOPER EXHIBIT B - PAVING TEMPORARY GRAVEL TURNAROUND id 28' B-B / 130' ROW ►1 _,- PE -CEPS -ON F. L„. DOC N ::1LOb r - 40' B-B / 142' ROW 29' B-B / 110' ROW 0 Z • J. ., : • LP O NORTH 300' ALLIANCE CENTER NORTH PHASE 1 OWNER / DEVELOPER• HILLWOOD ALLIANCE SERVICES, L.P. 13600 HERITAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 PHONE: (817) 224 - 6000 PELOTON f1' LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 GRAPHIC SCALE DATE: OCTOBER, 2013 >>II" 11,N ri1 NIEPn LF'. „" "17441 ._ NC_ F, " 21" RCP ;i. 11-4•313--: IF-N is , , , C L-i`, CFI EP' ' PF,� D PROPOSED STORM DRAIN EASEMENT 21" RCP EAGLE PARKWAY. .......... 21" RCP 30" RCP at:"JN ,P gT MENT, I.P CC:C N, R C . LEGEND P ROPOSED STORM DRAIN INLET EXIST STORM DRAIN INLET P ROPOSED STORM DRAIN MANHOLE P ROPOSED STORM DRAIN HEADWALL EXHIBIT B1- STORM DRAINAGE (1 OF 2) u-r 60" RCP 21" RCP 21" RCP 54" RCP • 1i, fEsT ri- 3 RCP 36" RCP 0 NORTH 300' GRAPHIC SCALE ALLIANCE CENTER NORTH PHASE 1 OWNER / DEVELOPER& HILLWOOD ALLIANCE SERVICES, L.P. 13600 HERITAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 PHONE: (817) 224 - 6000 P E LOTO N I'III LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE 817-562-3350 DATE: OCTOBER, 2013 PROPOSED STORM DRAIN EASEMENT NO ,,. T STORM DRAIN CHANNEL T L =GEND CONCRETE HEADWALL 6' X 5' RCB STORM DRAIN CHANNEL CONCRETE HEADWALL P ROPOSED STORM DRAIN INLET EXIST STORM DRAIN INLET P ROPOSED STORM DRAIN MANHOLE P ROPOSED STORM DRAIN HEADWALL EXHIBIT B1- STORM DRAINAGE (2 OF 2) 0 NORTH 300' GRAPHIC SCALE ALLIANCE CENTER NORTH PHASE 1 OWNER / DEVELOPER' HILLWOOD ALLIANCE SERVICES, L.P. 13600 HERITAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 PHONE• (817) 224 - 6000 !i!?� P E LOTO N IIIII LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 DATE: OCTOBER, 2013 1', 1" PP - EL EIrtti: NC? - tt „ s1: PI.VENTY rr�r CAY'R.1 ER@Cis _9n.=n_E=.5 J-pt PC, - -------------- :,I.r..-n;a r:r _-r. t. EAGLE PARKWAY_ .._._._..____ ex. _.. _.a...a._....... • 0 . l.t:.F... NO - LEGEND PROPOSED STREET LIGHTS EXIST STREET LIGHTS EXHIBIT C - STREET LIGHTS 0 NORTH 300' GRAPHIC SCALE ALLIANCE CENTER NORTH PHASE 1 OWNER / DEVELOPER- HILLWOOD ALLIANCE SERVICES, L.P. 13600 HERITAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 PHONE: (817) 224 - 6000 IIII PELOTON 'I LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 DATE: OCTOBER, 2013 1 :,ti-i,1,i,r: rr,t-r:T nos . PArrLh( r1:1; k,aR p, LEGEND PROPOSED STREET NAME SIGNS / \ EXIST STREET NAME SIGNS EXHIBIT C1- STREET NAME SIGNS 0 NORTH 300' GRAPHIC SCALE ALLIANCE CENTER NORTH PHASE 1 Ti1T1•197E'96c1191 .P: I II OWNER / DEVELOPER* HILLWOOD ALLIANCE ' f LAND SO • ; „ r,,.,, dig P E LOTO N LUTION$ SERVICES, L.P. 5751 KROGERDRIVE 13600 HERITAGE PARKWAY, SUITE 200 SUITE 185 FORT WORTH, TEXAS 76177 KELLER, TX 76244 PHONE: (817) 224 - 6000 PHONE 817-562-3350 DATE: OCTOBER, 2013 • • PELOTON II I LAND SOLUTIONS 5751 KROGER DR. STE. 185 I KELLER, TX 76244 • 817.562.3350 ITEM NO. BID ITEM Site Clearing Fill Material Unclassified Excavation -Offsite Conveyance Channel Grading SWPPP 10" Concrete Pavement , Width (varies) 6" Asphalt Base Type B 8" Lime Stabilized Subgrade 7% Hydrated Lime (30#/SY) 9% Hydrated Lune (36#/SY) Connect to Ex Conc Header Grass - Hydromulch Seeding Traffic Control 21" RCP 30" RCP 36" RCP 54" RCP 60" RCP 66" RCP 72" RCP TxDOT Std/Modified Concrete Headwall (PW-1) 21" Sloped Headwall 30" Sloped Headwall 72" Sloped Headwall 6'x5' Box Culvert 10' Std Curb Inlet 4' Storm Junction Box 6' Storni Junction Box 12'x8' Storm Junction Box Std 6' Drop Inlet 12" Thick Grouted Rock Rip Rap on 6" Bedding 24" Thick Rock Rip Rap Seeding, Hydromulch of Drainage Channels Trench Safety Sign - Ground Mount Pavement Marking - Arrow Pavement Marking - "ONLY" Pavement Marking - 4" Solid Stripe (W) Pavement Marking - 4" Solid Stripe (Y) Pavement Marking - 4" Break Stripe (W) (Pavement Marking - 8" Solid Stripe (W) Pavement Marking - 8" Solid Stripe (Y) (Pavement Marking - Raised Marker TY I-C Pavement Marking - Raised Marker TY II -A -A Conduit - 2 Inch - PVC - Sched. 40 Rdwy Ilium Foundation - Type 3 w/ Stone Faced Base Rdwy Illum Assembly Type 18 200W HPS LightingFixture Small w/lid Apron Electrical Ground Box Large w/lid Apron Electrical Ground Box 'Contact Enclosure, Pad Mount IInstall4" PVC Sleeves (Install 6" PVC Sleeves (Install 24" PVC Sleeves CFA Quantity Take Off Alliance Center North Eagle Pkwy - Pav, Drain, & St Lights Project Number: HWA13003 Prepared For: AIL INVESTMENT, LP Date: November 7, 2013 UNIT LS CY CY LS SY SY SY TON TON LF SY LS LF LF LF LF LF LF LF CY EA EA EA LF EA EA EA EA EA SY SY SY LF EA EA EA LF LF LF LF LF 1 EA 1 LF LF EA EA EA EA EA EA 1 LF 1 LF 1 LF I 8 9 10 1 1 2,890 587 3,102 1.10 55.00 57 3,488 1 3,031 3,254 57.00 3,659 2201 440 2201 440 2201 1,471 1,579 28.94 1,776 1 1 1 11 2,887 3,099 55.00 3,485 1 2201 544 2201 544 4901 1 1 1 1 CFA PROJECT QUANTITY MATRIX SHEET NO. 12 17 18 19 22 1,077 1,046 1,156 2 20.00 1,302 1 1 1 1 8,951 3,221 6,699 13,503 1 1 1 1 1 1 1 1 1 80 220 89 134 5,235 1 1 1 1 23 42 120 63 265 1 318 2,438 490 1 1 1 1 24 973 1 973 1 1 1 1 1 1 1 1 25 1 1,812 1 1 1 1 26 3,340 27 119 619 1 2 1 159 738 1 1 1 1 28 85 85 29 30 37 38 39 SL-1 SL-2 1 1 1 1 1 1 1 1 194 3 3 194 1 1 1 1 5 2 2 461 2,429 4401 1,0251 7161 121 981 1 1 1 182 376 1,144 1 ITEM TOTAL UNIT PRICE ITEM TOTAL COST 1 $5,500.00 18,871 $4.50 13,503 $4.00 1 $15,500.00 11,356 $42.00 1,633 $28.00 12,190 $3.00 3 $150.00 216 $150.00 57 $20.00 13,710 $2.00 1 $5,500.00 TOTAL PAVING IMPROVEMENTS 355 619 85 120 973 63 265 80 3 1 1 220 6 1 1 1 1 89 452 12,984 2,480 $42.00 $65.00 $75.00 $140.00 $ 160.00 $195.00 $230.00 $550.00 $2,250.00 $2,500.00 $6,500.00 $220.00 $2,400.00 $4,500.00 $7,500.00 $13,500.00 $5,000.00 $65.00 $75.00 $1.10 $1.00 TOTAL STORM DRAIN IMPROVEMENTS 1 1 1 1 7941 9101 I 1 1 1 1 1 121 $6.00 71 501 1 1 1551 $6.00 TOTAL PAVEMENT MARKING & SIGNAGE IMPROVEMENTS 1 1 1 1 1,465 9 9 18 9 2 2 955 5 5 10 4 1 11 1 1,424 $16.00 1 1,424 $20.00 1 710 $85.00 TOTAL STREET LIGHT IMPROVEMENTS( 6 3 3 643 3,949 4401 1,0251 2,4201 $500.00 $200.00 $200.00 $2.00 $2.00 $2.00 $4.00 $4.00 2,420 14 14 28 13 2 3 $12.00 $2,000.00 $2,600.00 $400.00 $750.00 $4,500.00 $3,500.00 1 TOTAL PROJECT IMPROVEMENTS $5,500.00 $84,919.50 $54,012.00 $15,500.00 $476,952.00 $45,724.00 $36,570.00 $435.00 $32,391.00 $1,140.00 $27,420.00 $5,500.00 S786,063.50 $14,910.00 $40,235.00 $6,375.00 $16,800.00 $155,680.00 $12,285.00 $60,950.00 $44,000.00 $6,750.00 $2,500.00 $6,500.00 $48,400.00 $14,400.00 $4,500.00 $7,500.00 $13,500.00 $5,000.00 $5,785.00 $33,900.00 $14,282.40 $2,480.00 S516,732.40 $3,000.00 $600.00 $600.00 $1,286.00 $7,898.00 $880.00 $4,100.00 $9,680.00 $72.00 $930.00 $29,046.00 $29,040.00 $28,000.00 $36,400.00 $11,200.00 $9,750.00 $9,000.00 $10,500.00 $22,784.00 $28,480.00 $60,350.00 $245,504.00 $1,577,345.90