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Home My WebLink AboutContract 42132 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. r,- a-- WHEREAS,the undersigned 'Developer" desires to make 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 Information: Developer Company Name: Hillwood Alliance Services,LLC Authorized Signatory. L.Russell Laughlin Title: Senior Vice President Project Name:Alliance Town Center Lot 10,Block A Project Location:NEC of Wild Rye Trail&Rain Lilly Trail Additional Streets: N/A Plat Case No.: FS-011-092 Plat Name: Alliance Town Center Mapsco: Y21 Council District: 2 City Project No: 01784 To be completed by ftaff- Received by 1 43-,V Date: JI C1 I 1 \ CFA: 2011-034 DOE: 6715. OFFICIAL RECORD CITY SECRETARY FT WORTH, TX 08-16-1 1 P ,4 : 11 I v 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 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 infrastructure. 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(ALX__.. 5evt+er(A-1) X 'aving( ) torn&4in{8-t) Street Lights &Si gus(C) 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. Combined CFA final Sept 12,2008 2 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. 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 3 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 iniuries death or damages are caused, in whole or in Part by the alleged negligence of the City of Combined CFA final Sept 12,2008 4 Fort Worth, its officers, servants,or employee& A 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 Dart, by the alleged negligence of the City of Fort Worth, its officers, servants, or emplovees 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. 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. 5 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 1 YEAR i. The City's obligation to participate (exclusive of front foot charges) in 6 \1\ the cost of the community facilities shall terminate if the facilities are 01 not completed within one (1) year; provided, however, if construction of the community facilities has started within the one 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 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 community facilities if at the end of one (1) year 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 one (1) year 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. Combined CFA final Sept 12.2008 6 Cost Summary Sheet Project Name: Alliance Town Center Lot 10,Block A CFA No.: 2011-034 DOE No.: 6715 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 27,470.90 2.Sewer Construction $ 35,766.00 Water and Sewer Construction Total $ 63,236.90 B. TPW Construction 1.Street $ - 2.Storm Drain $ 3.Street Lights Installed by Developer TPW Construction Cost Sub-Total $ - Total Construction Cost(excluding the fees): $ 63,236.90 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 1,264.74 D. Water/Sewer Material Testing Fee(2%) $ 1,264.74 Sub-Total for Water Construction Fees $ 2,529.48 E. TPW Inspection Fee(4%) $ - F. TPW Material Testing(2%) $ G. Street Light Inspsection Cost $ H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ - Total Construction Fees: $ 2,529.48 Choice Financial Guarantee Options,choose one Amount ck one) Bond=100% $ 63,236.90 Completion Agreement=100%/Holds Plat $ 63,236.90 Cash Escrow Water/Sanitary Sewer-125% $ 79,046.13 Cash Escrow Paving/Storm Drain=125% $ - Letter of Credit= 125%w/1 yr expiration period $ 79.046.13 1 X 7 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 + day of sk ,20 1` CITY OF FORT WORTH-Recommended by: Water Department Transportation & Public Works Department Wendy Chi-Babulal,EMBA,P.E. Douglas W. Wiersig,P.E. Development Engineering Manager Director Approved as to Form c&Legality: Approved by City Manager's Office Marcia Wise Fernando Costa Sr. Assistant City Attorney Assistant City Manager ATTEST: y 00 oo �� NO M&C REQ1111 o v) Marty Hendrix City Secretary 9V=0 ° 0 as adv o o .� 000000 000- ATTEST aa� OD ALLIANCE SERVICES, LLC, a Texas limited liability company By: Signature Name: L. Ru aughlin Title: Senior Vice President OFFICIAL RECORD CITY SECRETARY FT WORTH, TX Combined CFA final Sept 12,2008 8 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 (Remainder of Page Intentionally Left Blank) y I y� ear m i0SH N Q HCKS W E r I RITAG TRS PK ✓UY TS 35W C S OE E HIV�R NORTH �ht ' e TARRANT O s KWY z 0 W � 28� 0 8 ` THOVPSON 71 r LOCATION MAP MAPSCO# 21 - Y CO UNCIL DISTRICT #2 Cmn Kmley Horn and Amcnies,Inc. SlL9 ON 3.0 0 V OP9BLlV Ld ON 103f021d 2131tlM 31.3S 01 S1N3W3A08dW121 tlS ONtl NIVW 2131tlM d0 NOIlONa15N00 3H1210d SNVId Cfl M cV U CV X X III 1 95 w .m � aFc Z M: Lu O�R "ll W f\ W H y o b =db Yb IS-2<"i� - o2� x N01- 15 Jaw o Q�oo� � O w w Z — 0] E 3 C Jai � I J s z z 0 w w Z 0 0 w g a a 0 w w w LD u Flo\ r .. GRAPHIC SCALE IN FEET L# 0 75 150 300 V LOT 4 BLOCK A EMSTAW E Rocws—TO—GOo•PMc INSTALL PLUG _— PROPOSED 10' _ PVC lcr INSTALL PLU P J PROPOSVID _ Q 407 g A �'j PROPOSED j - AfOwE > END 10'P — THEATER INSTALL PLUG PROPOSED 10' -_ PVC CO NNECT TO 12' F Y (ON-STE CNEYARK WATER YAIN) J12' WATER (BY OTHERS) rt - - = - _ i OF 12' MAIN N _END — ry I INSTALL PLUG - v _ E70STM PROPOSED 12' -- QETEM ON - PVGPOND - CONNECT TOTr EXISTING 12' YAMI W IL�Rr•E TRAIL y a 7Y LNC; w t � A 17 E A10 i L aw - -- WATER MAIN EXHIBIT A COMMUNITY FACILITIES AGREEMENT FOR ALLIANCE TOWN CENTER OFF-SITE IMPROVEMENTS FOR LOT 10, BLOCK A ❑�❑ dldA��,Ir�. NORTH �`T 1 GRAPHIC SCALE IN FEET ' 0 75 150 300 aIF Ir t4 6- r- LOT fL AOCK A E7IOS7m i _ — > Roams—m-GO f _ PROPEffTY LM PROPOSED N - y J a Q w ImLml) LOT 1Q _ BLOCK A w TH G'SERVICE AND C.O. -- PROPOSED -- Y017E7F/fATER 8' D.I. WTH e- MANHOLE MITH 6• SERVICE SERMCE ---- -- AM C.0. �- o R I EJOSTNVGDVENnON� i POW - V 9 p f a w WILD RYE TRAILPRVMTY LW �� -- -- ----- E7RS IJC'l�Y-00ON aj SANITARY SEWER MAIN EXHIBIT A 1 COMMUNITY FACILITIES AGREEMENT FOR ALLIANCE TOWN CENTER OFF-SITE IMPROVEMENTS FOR LOT 10, BLOCK A L, X-21634 The City of Fort Worth,Texas `� D.O.E.No.6715 Alliance Town Center Water Project No.P265-6021501784-00 Lot 10,Block A Sewer Project No.P275-7021301784-00 City Project No.0184 UNIT 1:WATER CPMS ITEM APPROX. DESCRIPTION OF ITEMS WITH BID TOTAL RECORD NO NO. QUANTITY UNIT PRICE AMOUNT PRICES WRITTEN WITH WORDS 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) BID-00588 351 LF 10"PVC C-900 Water Line: I Eleven Thousand,two hundred thirty two Dollars $32.00 $11,232.00 And No Cents BID-00591 108 LF 12"PVC C-900 Water Line: 2 Six thousand,two hundred sixty four Dollars $58.00 $6,264.00 And No Cents BID-00749 l EA 8"Gate Valve and Box 3 One thousand,two hundred Dollars $1,200.00 $1,200.00 And No Cents BID-00717 1 EA 12"Gate Valve and Box 4 Two thousand Dollars $2,000.00 $2,000.00 And No Cents BID-00568 1 Ton Ductile Iron Fittings for Water Line: 5 Three thousand Cents Dollars $3,000.00 $3,000.00 �dNo BID-00364 3 EA Clean Out Wye(8"): 6 Two thousand,two hundred fifty Dollars $750.00 $2,250.00 And No Cents BID-00840 51 CY Ballast Stone as Directed by Engineer: 7 Five hundred ten Dollars $10.00 $510.00 �d BID-00493 51 CY Crushed Limestone as Directed by the Engineer: 8 Five hundred ten Dollars $10.00 $510.00 �d BID-00372 459 LF Trench Safety: 9 Forty five Dollars $0.10 $45.90 And ninety Cents BID-01200 459 FL Pipe-Transfer of Services-Test&Commission—ServicesCS Test and Sterilize Water Lines: 10 Four hundred fifty nine Dollars $1.00 $459.00 And No Cents TOTAL AMOUNT BID UNIT I-WATER $28,569.74 X-21634 The City of Fort Worth,Texas D.O.E.No.6715 Alliance Town Center Water Project No.P265-6021501784-00 Lot 10,Block A Sewer Project No.P275-7021301784-00 City Project No.0184 UNIT II:SEWER CPMS ITEM APPROX. DESCRIPTION OF ITEMS WITH BID TOTAL RECORD NO NO. QUANTITY UNIT PRICE AMOUNT PRICES WRITTEN WITH WORDS 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) BID-00363 1 15 LF 6"PVC SDR-26 Sewer(All Depths) Four hundred twenty Dollars $28.00 $420.00 And No Cents BID-00365 2 220 LF 8"PVC SDR-26 Sewer(All Depths) Seven thousand,forty Dollars $32.00 $7,040.00 And No Cents BID-00332 3 146 LF 8"Dl Sewer Eight thousand,seven hundred sixty Dollars $60.00 $8,760.00 And No Cents BID-00207 4 1 EA Connect to Existing SSMH(drop MH) Two thousand Dollars $2,000.00 $2,000.00 And No Cents BID-00213 5 3 EA 4'Diameter Manhole Seven thousand,five hundred Dollars $2,500.00 $7,500.00 And No Cents N/A 6 1 EA Construction Entrance(See Sheet C-6) One thousand,two hundred Dollars $1,200.00 $1,200.00 And No Cents BID-00196 7 4 EA Concrete Collars for SSMH Eight hundred Dollars $200.00 $800.00 And No Cents BID-00201 8 366 LF Post Construction TV Inspections of Sewer Main: Five hundred forty-nine Dollars $1.50 $549.00 And No Cents BID-00372 9 366 LF Trench Safety: Three hundred sixty-six Dollars $1.00 $366.00 And No Cents BID-00217 10 3 EA Vacuum Test Sanitary Sewer Manholes One hundred fifty Dollars $50.00 $150.00 And No Cents BID-01174 11 381 LF Cement Stabilized Backfill: Five thousand,seven hundred fifteen Dollars $15.00 $5,715.00 And No Cents BID-00841 12 20 LF Concrete Encasement for Sanitary Line(See Sheet C4): Four hundred Dollars $20.00 $400.00 And No Cent BID-00367 13 2 VF 6"Plug(See Sheet C4)� Five hundred Dollars $250.00 $500.00 And No Cents N/A 14 366 EA Testing Air and Mandrel: Three hundred sixty-six Dollars S1.00 S366.00 .And No Gents TOTAL.AMOUNT BID I'NIT 11-SE"ER $37,196.64