HomeMy WebLinkAboutContract 40606 COMMUNITY FACILITIES AGREEMENT
CITY PARTICIPATION
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 40 u
WHEREAS,the undersigned "Developer"desires to snake certain improvements(refer to
the name of the project at the bottom of the page)an addition to the City of Fort Worth,Texas; and
WHEREAS,the said Developer has requested the City of Fort Worth,a home-rule
municipal corporation situated in Tarrant,Denton,Parker,and Wise Counties,Texas,hereinafter
called"City",to do certain work in connection with said improvements.
Developer:
Name(Please print): L. Russell Laughlin
Title: Senior Vice President
Company: Hillwood Alliance Services,LLC
Project Name:
North Riverside Drive—Heritage Trace Parkway to Dalton Road
Project Location:
Streets: Heritage Trace Parkway and Old Denton Road
Mapsco: 21 Y Council District: 2
CFA: 201 b `O 3C1 DOF: 6503, 6493 City Project No. 01550 E� OFFICIAL RECORD
CITY SECRETARY
nrd cfa final 2010 06 25.docz 1 — _ — 1 ;4Prittgd: 6,28 2010
Y-0-7. 111ORTH, T
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:
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 from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement(`CFA'') 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 lI, 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 infrastructure. Developer further acknowledges that said
process requires it 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)
Sewer(A-1) ; Paving (B) � ; Storm Drain (B-1) ; Street
Lights & Signs (C)
nrd cfa final 2010 06 28.docx 2 Printed: 6,'28,2010 12:00 PM
E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
F. For all infrastructure 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 infrastructure, and a maintenance bond
in the name of the City for one hundred percent(100%) of the contract
price of the infrastructure 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.
nrd cta final 2010 06 28.docr ? Printed: 6242010 12:00 PM
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 times by
City inspection forces, and not to install or relocate any sanitary sewer,
storm 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,per the Cost Summary Table attached, 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. Developer will execute all necessary agreements with the overhead utilities for
the City-requested underground relocation of the overhead utilities. The City
will reimburse the Developer for the costs of underground relocation of said
overhead utilities.
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. Notwithstanding Rights of Way credits applied toward future transportation
impact fees in accordance with Ordinance No. 18083, 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 ti)r by this Agreement.
nrd cta final 2010 06 28.docx 4 Printed: 6 28 2010 12:00 PM
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
iniuries, death or damages are caused in whole or in part, by the
allemed neWimence 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 iniuries death or damages are caused in whole or in part,
by the allewed 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 and shall cause to be executed
and delivered to the City an indemnity agreement from such contractors on a
form to be promulgated by the City.
nrd cta final 2010 06 28.docx 5 Printed: 6,28,2010 12:00 PM
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.
P. COMPLETION WITHIN 2 YEARS
i. The City's obligation to participate (exclusive of front foot charges) in the
cost of the community facilities shall terminate if the facilities are not
completed within two (2) years; provided, however, if construction of the
community facilities has started within the two year period, the developer
may request that the CFA be extended for one year. if the community
facilities 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 Police, this Agreement, its financial guarantee,
its agreement H ith its contractor or other related agreements.
nrd cfa final 2010 06 28.docx 6 Printed: 6,28 2010 12:00 PM
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the community
facilities if at the end of two (2) years from the date of this Agreement the
community facilities 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 community facilities 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.
Q. REIMBURSEMENT
Once every thirty(30) days, Developer may submit a written request for
partial payments accompanied by copies of the invoices from Developer's
contractors to the Director of the Department of Transportation and Public
Works ("Director"). The Director or his/her designee shall have ten (10)
business days to review each partial pay request submitted by Developer and
to contest any disputed amount in writing. If no contest is made within ten
(10) business days of receipt of a partial pay request, the request shall be
deemed approved. If the Director or his/her designee timely and reasonably
objects to any portion of the partial payment request, then a written objection
shall be delivered to Developer during the review period. The written notice
shall set forth objections in reasonable detail. The undisputed portion of the
partial payment request shall be paid within thirty (30) days of receipt of the
partial payment request. Developer shall exercise good faith efforts to cure
the objectionable items to the City's reasonable satisfaction. and the process
set forth above shall be repeated until the payment request is completely
approved and fully paid. In no event shall the City's participation under this
Agreement exceed 52.179.862.35,
nrd cta final 2010 06 28.docx 7 Printed: 6128-2010 12:00 PM
COST SUMMARY TABLE
Item Developer Cost City Cost Total Cost
A. Construction
1.Paving $ 373,200.78 $ 696,062.17 $ 1,069,262.95
2. Storm Drainage $ 580,113.49 $ 204,698.55 $ 784,812.04
3. Street Lights $ 50,284.00 $ 93,785.42 $ 144,069.42
4. Street Signs $ 1,000.00 $ 1,000.00 $ 2,000.00
Inspection(4%) $ 40,183.93 $ 39,821.85 $ 80,005.78
Materials Testing (2%) $ 20,091.97 $ 19,910.92 $ 40,002.89
5. Water $ 31,390.67 $ - $ 31,390.67
6. Sanitary Sewer $ 10,542.61 $ - $ 10,542.61
Inspection(2%) $ 838.67 $ - $ 838.67
Materials Testing(2%) $ 838.67 $ - $ 838.67
Mitigation $ 150,888.00 $ - $ 150,888.00
Landscaping $ 61,353.58 $ 378,504.01 $ 439,857.58
Signals $ - $ 296,120.25 $ 296,120.25
Utility Relocation $ - $ 223,962.63 $ 223,962.63
Engineering $ 121,690.45 $ 225.996.55 $ 347,687.00
Total $ 1,442,416.79 $ 2,179,862.35 $ 3,622,279.14
Right of Way $ 1,309,815.00 $ - $ 1,309,815.00
Grand Total $ 2,752,231.79 $ 2,179,862.35 $ 4,932,094.14
Note:
1. City's total cost is capped at $2,179,862.35 on a cumulative basis. Individual line items
may vary provided that the Grand Total does not exceed the $2,179,862.35.
2. Right of Way value is to be credited to developer to the extent allowed by Ordinance No.
18083.
nrd cta final 2010 06 2S.doc.r S Printed: 6 2S,2010 12:00 PM
The Checked 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
nrd cfa final 2010 06 28.docx 9 Printed: 6/28/2010 12:00 PM
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 said Developer has executed this instrument in
quadruplicate,at Fort Worth, Texas this c�Z1tZ day of 2010.
CITY OF FORT WORTH DEVELOPER
Hillwood Alliance Services, LLC
A Texas limited liability company
K� By: Hillwood Development Company,LLC
Fernando Costa a Texas limited liability company,
Assistant City Manager its managing membe
By:
Name: L. ussell u It
Recommended by: Title: Senior Vice si ent
Transportation&Public Works
p Department
William A. Vevkest,P.E.
Director
Water Department
"EMBA,Wendy Chi-
Water Development Engineering Manager
Approved as to Form& egality: ^or,r .raG_ AUtbpri 2atiox
Amy J. R nsey
Assistant City Attorney
ATTEST:
a o ,*R 1I '
v
�a o�p 0000°A, °
0
w 0
Marty Hendrix °; �
�¢
-- -----•-- i
Citv Secretary o .o 4L�� * -, OFFICIAL RECORD i
CITY SECRETARY
aa14L r�x�o� ,
�'��4" FT. WORTH, TX
nrd cta final 2010 06 28.doc 10 Printed: 6.24/2010 10:29 AM
h�
114
GRAPEVINE LAKE
TARRANT CO. `3
2B
PROJECT
EAGLE LOCATION
MOUNTAIN
LAKE
Dfw
�9
9
183
920
LAKE WORTH \,�� Q. o
ti N
2 J
a
0 2,Q
n
30
FORT WORTH
0
N
� O
N
W
a 20
820
9ENSROOK LAKE
N
NOT TO SCALE
LOCATION MAP
NORTH RIVERSIDE DRIVE 'JACOBS
STA 36+05.00 TO STA 48+43.15 � ,surgess
111"N STRf ET.v 0 Box 90T058
FORT WORTH,TEXAS 16101-7058
VHOw4 817 735 6000,1M 8V 7356148
PROJECT NC. 014000.003.003.0630
OGN-c), joD, 014000007v.C i r',N R1.er5 (le Or PH 1•, riTccfO.agn PACE 1 OF 6
_ o
-�__ — SCALE: ]" = 300'
CONNECT TO 0 �U N --_ ITAGB Tgq
Co T2 12" WATER - PxR'Y.
L I NE OD -
p06
± lG 16" WATER
B�yLINE tiC CFV6-� - -
�c�� S 06 i9
� r /Fc
16" GATE
ALVE O I 1-1/2?IRR
v FIRE N
b I IHERITAGE ADDITION
PR4SE IIA, SECTION 3P
TC CAR SLIDE
ALLIANCE TDWN tEN IIIEF C
-CT:,Ek BLOCK A
� 1
1 1
I
\ CITY OF \ _
j FORT WORTH
-- �
0209234715
10"DRY
WATER LINE
A I L INVESTMENT, L.P. rl
TRACT 13
TC VOL 14315 PG % I
1 6"ORY
WATER LINE
A I I I
I I BETTE PEROT
/ ELEMENTARY
CITY
2I FORT WDROF TH
D209234715
------
A J
HERITAGE ADDITION
PHASE IIA, SECTIDN 2
� T CAE A SLIDE 70 86
AIL INVESTMENT, L.P.
V ,14 S.PG.59
LEGEND WATER
EXHIBIT 'A'
PROP. w A T E R L I N E NORTH RIVERSIDE DRIVE
PROP. GATE VALVE STA 36+05.00 TO STA 48+43.15
PROP. FIRE HYDRANT PHASE 1
EX T WATER LANE J� s
777 AWN STREET,P O BOX 90105E
FORT WORTH,TDL46 7610V-205E
PHON
______— E-81 7 735 6000.FA)(E77 735 614E
F),-,N 1, N a r t�,.agr A .E 4 r
HERITAGE QQ
N
CE PK p�
0
a --
oa HERBAGE 7Rq SCALE= 1" = 300'
P U
T
0
�— HER,TItGE AOOITION
PHASE SE: 3R
Z I :TC CAB St IDE
;aLy l A7�f :tff+n i£N1[l3.. 0 '
1 1
0
1 CITY OF \
. FORT NORTH .
AIL INVESTMENT, L.P. Al=�� --
TRACT 13
TC VOL 14375 PG 56 1-12-PLUG
L2 `'S0 1
Ij EXISTGI27 5
Q I I I
tu r 1 SEIZE PEROT
I N
N ELEMENTARY
/ N
r
= ri
'HE R7 TALE ADDITION
g PHASE Iik 56CTION 2
0 f TC CAB A:SLIOE 7086
AIL INVESTMENT, L,?, —
VOL.143 .FG.�� — —
1 -
LEGEND SANITARY SEWER
PROP, SANITARY SEWER EXHIBIT 'A'
PROP. MANHOLE NORTH RIVERSIDE DRIVE
EXIST. SANITARY SEWER ------_ STA 36+05.00 TO STA 48+43.15
EX I ST. MANHOLE ---0---- PHASE 1
LIMITS OF PROJECT ——————— U-Carter PROP OSED SEWER LINES ARE Surge"
8 U N L LG T H E P A I �-E 777 WiN STREET PO Bop 90�om
NL A D FORT WORTH.TCLM 76%11-2058
PHONE$17 735 6000.F"n7 735 6 8
PROJECT NO. 014000. 003.003.0630
DGN oD1 011000003',c N RI je D- PH I, -oClccfo„yqn PAGE 3 OF 6
I_
-----"&R1T' A°-TFwcE
HERITAGE TRA SCALE] 1'' = 3DO'
..; CE PKWY.
' L� G6 PL9
-
Ayy
rr�i
v j�9
0 f /
O f 7
7
I HERIT0.CE ACID II ION
O PHASE A. SECT 14N.36
=i Z .TC C48 SLIDE .
'aLI: A+SCE '.NN:tfNtiiiL. � I
LC1.=6A &OCX t
M
• -- CITY GF
y FUR' WORTH
——�� 0209234715
AIL INVESTMENT, L.P.
TRACT 13 DA-
TC VOL L4315 PG 56
1
I I
/ 1 BETTE PEROT
ELEMENTARY
Cliv OF
Z / FORT WORTH
f / 07092;4715
�Iz
i --
o �
'HERl TALE AOOITION
S PHASE II A, SECTION 2
O TC CAB A:SLIOE 7066
All INVESTMENT, L.P.
VOL.14 31 S.PO.55
LEGEND -
STREETS
PROP, PAVEMENT/ 1 1 3' ROW
EXHIBIT 'B'
NORTH RIVERSIDE DRIVE
PAVEMENT REMOVAL STA 36+05.00 TO STA 48+43.15
EE SS
lR PHASE 1
TOEMAAVEMENT
1G Burg s
FFJFf_F" BijUNC>APIC= ——————— mMHSTREETF050A90"
f ORT WORTH.TENS 76101 20,e
A70,+E !I7 775.0000.LM 817 175 Aus
5 QE
FRGPO�E!'I WALK>
PROJECT NO. 0.4000.003.003.0630
DCN , )C 014000DO3`cii vN PIverside Dr PH I nr0'ccfo.ogn PAGF 4 OF 6
N TRACE SCALE= 1" = 300'
GE PKWY.
+,c9,i•1. AID plJp`'�91A b �:~1�--=
s"�9
:PARALLEL W 4 WALL
21° -
'x6' AIBC�' _
10'1 REC LLLRB`INL
W/-21 LAT_ 0' REC EIC T
/21" LA
m° 21^RCP.
PARALL NC WALL
REp1?oGE AW,Ti Y
> I aHaSE ICA, SECTION 36
. :7C CAB SL IOE
A,LIAF� TtPn:CLN'Kit' O
L0T GA BLDG
_ m
R 1 \
CI Y OF
'',. ......... FOR WORTH
--� 0209 54115
1D' REC CYRB INLETS �-
W/ 21" LA 2 "RCP
AIL INVESTMENT, L.P. DTL�U� J"1
TRACT 13 21"RCP u a
TIC VOL 14?I S PG 56 21"RCP A'%WOC
�'l'8 1
CONNECT TO ryIST 41-RCP
EXIST 48"RCP
BETTE PEROT
MEN T
E L E ARY
�I I
�1 CITi OF
?] / FORT•WDRTH
I 070934'15
O I
zl
A I HER:I TAG ADD II ION
9 _ P.HASE I1A. SECTION
O iC CAB A'SLIDE ?086
AIL IIiYES�MLIJ1,
vOt,I+315.P,.55
I STORM DRAIN
LEGEND EXHIBIT 'C'
PROP. STORM DRAIN LINE NORTH RIVERSIDE DRIVE
PROP, I NLET T STA 36+05.00 TO STA 48+43.151
PROP, MANHOLE ■ PHASE 1
PROP. HEADWALL
Carbr Burgess
L'x jT, T)PM L)RAiN NL ------ - nT MAIN SMITro BOX 90"
fORI WOWTN.TEAS 16gI_70SW
LIMITS -)F FFCJECT ————— TEXAS
w ns e00o.ENI ev 7356148
PROJFLT NO. 0'4000.003.003.0630
DCN=g-' joGl 014C00003', I,,'N Pi-0, 5 Oe Dr PH r• -IrVccTo.ogr PACE 5 OF 6
CE TRgCE PKWY. OO O NER1TgGE SCALE: 1" = 300'
I CE PKWY.
i
-0 ---
o yy E
. .. �O.t�
�y
0 -
oI /
4F "ACE ADD+T SON
2 PHASE I A, -SEV WN--J6
''.0 CAP. SLIDE
:&Lj:'6fiC£ tOMt.;LEE•lS�t_ O I
G
_P1 \
1..
-
C,TV '1F 1
i(;RT MOTVT%i
--�� ONJ 91�gT+5
PROPOSEpp STREET
LIGHT ITYP)
AIL INVESTMENT, L.P.
TRACT t*
IC VOL ?4315 P6 56 p,nlaG� t
PROPOSED STREET
LIGHT CONDUIT ITYP)
1
PROPOSED PULL BOX I I
(TYP) I I
U I 1
OI
1 BETTE PERCT
({y E!EMENT AFT
V /
CFTC 61
ZI / F(,4T WORTH
O ,
2I I
J RER*I TAG*" ADD ITIDN
O P�:ASE IIA, SECTION T
0 'C CAB A:SLIDE 7066
AIL INVESTMENT, L.P.
VOL.I<315.Pr,,5.
/ Y
STREET LIGHTS
EXHIBIT 'D'
NORTH RIVERSIDE DRIVE
LEGEND STA 36+05.00 TO STA 48+43.15
PHASE 1
PROP DOUBLE STREET LICHT t+t
PROP STREET L I GHT CONDU I T ��.IlACjOBS
Carter Burgess
rn. N STREET R0"v01M
_
R "I W0RiM TIM`,+eia.zme
F1;.1't;_ _---__.
- -
",ONE eiJ 731 UYMI.EAIt e17 71'S Aire
PROJECT NC,. 0 14000.003.00 5.0630
GGN=q� JoD� 014000003• N P 1.Pr 5 iae D• PH I nrr,+crfa.Jqn PAGE 6 OF E
Community Facilities Log
Umbrella Agreement
HillWOOd Development Corporation
Tracking Sheet
Date Last Updated:June 21,2010
In Worth Scheduled Estimated Pledge Security Engineer's Contract Pledge Security Contract Amount Pledge Security Net Pledge Unused Completion and CFA
Project Descri lion Trackln No. Project Start Project Complete CFA Amount Estimate Amount CFA Amount Completed Amount Completed Security Required Pledge Security Release Date
DOE Number A B C D=(1.25`B)or(1.25-C) E F=(E-1.25) G=(D-F) Firl=sum A-sumG
$ 5,000,000
HILLWOOD PROPERTIES ALLIANCE 8 HERITAGE
Alliance Town Center Phase 3 NIA N/A $440,404 $550,505 50 j22 $550,505
Alliance Town Center Grocer Water and Sewer February 2010 Jul 2010 $0 $199.066 $248,832 $179,159 $24.883
Lone Star Croesin Water antl Sewer 5937 May 2009 Au ust2009 $41,047 $51.308 $D North Riverside Drive Pavin antl Draina e 1 6503 Jul 2010 December 2010 $1.004,598 $1.255North Riverside Drive Water and Sewer 1 6594 Jul 2010 December 2010 $41,933 Overlook/GW MF Pavin antl Draina a NIA NIA and Sewer WA N/A $271,958 $339.948 $0 12'SH 170 Water Line 6+99 to 22«64 5584 Jul 2010 November 2010 $162,509 $203,136 $0 $203.136
Gatewa South 1 SWC 170 and Inde endence N/A N/A $47,455 $59,319 $0 $59319
HILLWOOD RESIENTIAL Sarato a Ph 1.Park Dev Fee 4464 Dec,2004 Dec,2005 $120.960 $151.200 $0 $151,200
ALLIANCE AIRPORT PROPERTIES Total Amount= $5,000,000 $2,681,491 $199,066 $3,600,696 $179,159 $3,376,746 E1,623,254
Notes:
(1)For developer portion of cost only.Does not include City participation.
fottwonncfa
Prin�eE:fi�28due
FORT 1\'f1RT11 CFA SECFRI'rl'21111111621 ESIT\1:1'rLM, PrCe I of I I2:es r"
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/22/2010 - Ord. No. 19203-06-2010
DATE: Tuesday, June 22, 2010 REFERENCE NO.: C-24299
LOG NAME: 06NORTH RIVERS IDEDRIVE
SUBJECT:
Authorize the Execution of a Community Facilities Agreement with Hillwood Alliance Services, LLC with
City Participation Not to Exceed $2,200,000.00 for the Construction of North Riverside Drive from South of
Heritage Trace Parkway to Just South of Dalton Road and Authorize an Inter-Fund Loan and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a non-interest bearing inter-fund loan from the General Fund to the Specially Funded
Capital Projects Fund in the amount of$2,200,000.00 for interim financing for the construction of North
Riverside Drive from south of Heritage Trace Parkway to just south of Dalton Road, to be reimbursed over
a two-year period from proceeds collected from the Tax Increment Financing District Number 7;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Specially Funded Capital Projects Fund by $2,200,000.00 from available funds; and
3. Authorize the City Manager to execute a Community Facilities Agreement with Hillwood
Alliance Services, LLC, with City participation in an amount not to exceed $2,200,000; and
4. Waive the limitation of Section II, Paragraph 11 of the Policy for the Installation of Community
Facilities that limits City participation and recommend City participation in accordance with Local
Government Code 212.072 and the Unit Price Ordinance No. 14552 and No. 17967-002-2008, as
amended.
DISCUSSION:
North Riverside Drive is classified as a major arterial per the City of Fort Worth Master Thoroughfare Plan.
The Developer Hillwood Alliance Services, LLC and the City of Fort Worth will share the cost of this
project as reflected by the table below. The estimated total cost of the improvements and related support
services, including construction, engineering, surveying and inspection is estimated to be $3,622,279.14.
The Developer desires to make certain street, storm drainage, street sign and street light improvements to
North Riverside Drive from south of Heritage Trace Parkway to just south of Dalton Road. The Developer
also desires to help fund construction of the project by donating the right-of-way for Old Denton Road in
exchange for Transportation Impact Fee credits, as permitted under the Transportation Impact Fee
Ordinance No. 18083 adopted May 13, 2008, effective July 1, 2008.
Staff recommends participation with the Developer to build the roadway from south of Heritage Trace
Parkway to just south of Dalton Road, including the oversizing of the community facilities. Staff requests a
waiver of the Policy for the Installation of Community Facilities which states that City participation may not
exceed 30 percent in a Community Facilities Agreement (CFA). In accordance with state law, the City will
participate at a level of 25 percent for the required facilities and 100 percent for the oversizing.
The City of Fort Worth would like to have this portion of North Riverside completed as soon as possible
because of the significant need in this area. Based on unit prices from Ordinance No. 14552 and No.
17967, as amended and the project estimate of quantities, it has been determined that the City's
participation shall not exceed $2,200,000.00.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13677&print=true&DocType=Print 07/01/2010
Page 2 of 3
The summary of costs associated with North Riverside Drive are as follows:
Item Developer Cost City Cost Total Cost
A. Construction
1. Paving $ 373,200.78 $ 696,062.17 $ 1,069,262.95
2. Storm Drainage $ 580,113.49 $ 204,698.55 $ 784,812.04
3. Street Lights $ 50,284.00 $ 93,785.42 $ 144,069.42
4. Street Signs $ 1,000.00 $ 1,000.00 $ 2,000.00
Inspection (4 percent) $ 40,183.93 $ 39,821.85 $ 80,005.78
Materials Testing (2 $ 20,091.97 $ 19,910.92 $ 40,002.89
percent)
5. Water $ 31,390.67 $ - $ 31,390.67
6. Sanitary Sewer $ 10,542.61 $ - $ 10,542.61
Inspection (2 percent) $ 838.67 $ - $ 838.67
Materials Testing (2 $ 838.67 $ - $ 838.67
percent)
Mitigation $ 150,888.00 $ - $ 150,888.00
Landscaping $ 61,353.58 $ 378,504.01 $ 439,857.58
Signals $ - $ 296,120.25 $ 296,120.25
Utility Relocation $ - $ 223,962.63 $ 223,962.63
Engineering $ 121,690.45 $ 225,996.55 $ 347,687.00
Total $ 1,442,416.79 $ 2,179,862.35 $ 3,622,279.14
Right of Way $ 1,309,815.00 $ $ 1,309,815.00
Grand Total $ 2,752,231.79 $ 2,179,862.35 $ 3,622,279.14
Construction plans have been prepared by Jacobs Engineering, Inc., and are being reviewed by the City
of Fort Worth, Department of Transportation and Public Works. The developer will obtain construction bids
for the proposed work and the work will be authorized to begin with the approval of this CFA.
This project is located in COUNCIL DISTRICT 2, Mapsco 21Y.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Specially Funded Capital Projects Fund. Upon receipt of funds from the TIF, the
interim inter-fund loan will be returned to the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C291 220001 002230155000 $2,200,000.00 GG01 136291 0000000 $2,200,000.00
C291 488087 202230155080 $2,200,000.00 C291 541600 202230155080 $2,200,000.00
C291 541600 202230155080 $2,200,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13677&print=true&DocType=Print 07/01/2010
Page 3 of 3
Additional Information Contact: Jana Knight (2025)
ATTACHMENTS
1. 06NORTHRIVERSIDEDRIVE AO.doc (Public)
2. Hillwood TIF7 Resolution and Agreement.pdf (Public)
3. Location Map - 06NORTHRIVERSIDEDRIVE.pdf (Public)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13677&print=true&DocTvpe=Print 07/01/2010