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Home My WebLink AboutContract 51499 Received Date: 11/05/2018 Received Time: 4:45 p.m. Developer and Project Information Cover Sheet: Developer Company Name: Hillwood Alliance Services,LLC Address, State,Zip Code: 9800 Hillwood Pkwy, Suite 300,Fort Worth,TX 76177 Phone&Email: 817-224-600,Russell.Laughlin@hillwood.com Authorized Signatory,Title: L. Russell Laughlin ,Executive Vice President Project Name: N. Beach St. &Litsey Rd. Water&Sewer Brief Description: Water, Sewer Project Location: North of Eagle Pkwy;West of I-35; Southeast of Chadwick Farms Plat Case Number: FP-17-103,104 Plat Name: Alliance Center North Mapsco: 21Y Council District:F7 CFA Number: 2017-144 City Project Number: 101 186 To be completed by staff.- Received taff:Received by: Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX City of Fort Worth,Texas Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer CFA Official Release Date:02.20.2017 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 51499 WHEREAS, Hillwood Alliance Services, LLC , ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as N. Beach St. &Litsey Rd. Water& Sewer ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project;and WHEREAS,any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the Project. 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 Improvements. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth,Texas Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer OFFICIAL RECORD CFA Official Release Date:02.20.2017 Page 2 of 11 cay St-CRETARY FT.WORTH,TX to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer 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 describe the Improvements and are incorporated herein: Water(A) Z. Sewer(A-1) Zi. Paving(B) C7. Storm Drain(13-1) El, Street Lights & Signs (C) D. 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. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. 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 prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater 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 from the date of final acceptance 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. City of Fort Worth,Texas Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer CFA Official Release Date:02.20.2017 Page 3 of 11 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 Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces,to not 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 in order 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, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under 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 payment of 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. City of Fort Worth,Texas Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer CFA Official Release Date:02.20.2017 Page 4 of 11 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, its 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, its 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 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. City of Fort Worth,Texas Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer CFA Official Release Date:02.20.2017 Page 5 of 11 N. Upon completion of all work associated with the construction of the 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 (21/6) 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 YEARS i. Developer shall complete the Improvements 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 additional year. 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(and any extension period) 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 City of Fort Worth,Texas Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer CFA Official Release Date:02.20.2017 Page 6of11 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. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer CFA Official Release Date:02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: N. Beach St. & Litsey Rd. Water& Sewer CFA No.: 2017-144 City Project No.: 101 186 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 $ 222,759.00 2.Sewer Construction $ 440,772.00 Water and Sewer Construction Total $ 663,531.00 B. TPW Construction 1.Street $ - 2.Storm Drain $ - 3.Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ - Total Construction Cost(excluding the fees): $ 663,531.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 13,270.62 D. Water/Sewer Material Testing Fee(2%) $ 13,270.62 Sub-Total for Water Construction Fees $ 26,541.24 E. TPW Inspection Fee(4%) $ - F. TPW Material Testing(2%) $ - G. Street Light Inspsection Cost $ - H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ - Total Construction Fees: $ 26,541.24 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 663,531.00 Completion Agreement=100%/Holds Plat $ 663,531.00 Cash Escrow Water/Sanitary Sewer=125% $ 829,413.75 Cash Escrow Paving/Storm Drain=125% $ - Letter of Credit=125%w/2yr expiration period $ 829 413.75 x City of Fort Worth,Texas Standard Community Facilities Agreement-N. Beach St.&Litsey Rd. Water& Sewer CFA Official Release Date:02.20.2017 Page 8 of i l ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER Hillwood Alliance Services,LLC a Texas limited liability company apa(Nov 1,20181 Jesus J. Chapa Assistant City Manager oAdAJ Date: L O8 Nov 1,201 L Ru .II L-155WrM 31,2018) Name: L. Russell Laughlin Recommended by: Title: Executive Vice President , fDate: Oct 31, 2018 Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Approved as to Form &Legality: administration of this contract, including ensuring all performance and reporting requirements. Richard A.McCrac4.. :8 Richard A. McCracken Tanie soarlott Morales Assistant City Attorney Janie Scarlett Morales(Nov 1,2018) M&C No. N/A Name: Janie Morales Date: Title: Development Manager Form 1295: N/A FORT•�?!O ATTEST: Mary J.Xayser(Nov 1,1018) Mary J. Kayser/Ronald Gonzale �c City Secretary/Assistant City SecXP5 4,- OFFICIAL RECORD CITY SECRETARY FY WORTH*TX City of Fort Worth,Texas ___ _ Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer CFA Official Release Date:02.20.2017 Page 9 of 11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ® Location Map Exhibit A: Water Improvements Water Cost Estimate Exhibit A-1: Sewer Improvements Sewer Cost Estimate �] Exhibit B: Paving Improvements Paving Cost Estimate Exhibit B-1: Storm Drain Improvements Q Storm Drain Cost Estimate ❑ Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101186 None City of Fort Worth,Texas Standard Community Facilities Agreement-N.Beach St.&Litsey Rd.Water&Sewer CFA Official Release Date:02.20.2017 Page 11 of 11 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application ACN-North Beech Street&Usey Road-water&Sewer WATER BtPROVEMUN IS Pmject llemisfor®tial Bidder's Proposal Bidtat Ilan Specification l/ni of No. Description Scction No. Measure Bid Quantity Unit Price Bid Value i 1 3311.0481 12'PVC Water Pipe 3311 12 LF 2311 $52.00 $120,172.00 2 3311.0442 1T'Water Pipe,CSS Backfill 3311 12 LF 144 $58.00 $8,352.00 3 3312.3005 12'Gate Vehe 331220 EA 9 $2,400.00 $21,810.00 4 3312.0001 Fire Hydrant 331240 EA 1 $4,500.00 $4,500.00 5 3312.0117.Connection to Existing V-t2'Water Main 331225 EA 2 $1,000.00 $2,000.00 6 3312.0106 Connection to Existing 1e'Water Main 33 12 25 EA 1 $2,500.00 $2,500.00 7 3312.410912'x12"Tapping Sleaze d Vahe 331225 EA 3 $4,500.00 $13,500.00 8 9999.0001 12'Anchor Coupling 000000 EA B $850.00 $5,100.00 9 3311.0001 Ductile ion Water Fittings w/Restraint 331111 TON &2 $5,500.00 $34,100.00 10 9999.0000 Concrete Blocking,Type B 00 00 00 CY &4 $200.00 $1,680.00 11 3305.0109 Trench Safety 330510 LF 2455 $1.00 $2,455.00 12 3125.0101 SWPPP a 1 acre 31 25 00 LS 1 6,800.00 $6,800.00 Toll Wahr Improvements $712,790.00 Page 2 of 5 SANiIARY 8l1VEk AIPROVt71EMS ProJett Itemlafo�tbn Biddels Proposal Bidtint Bent Spedwition Ilei of No. Description Section No. Measure Bid Quantity Udit Price Bid Value 13 3331.4119 8'DIP Sewer Pipe 33 11 10 LF 4223 $74.00 $312,502.00 14 3331.4120 8'DIP Sewer Pipe,CSS BackMl 3311 10 LF 240 882.00 $19,680.00 15 3339.1001 4'Mannde 333910 EA 13 $52,000.00 33 39 20 $4000.00 16 3338.1003 4'Extra Depth Manhole 333910 33 3920 VF 141 $24,675.(0 $175.00 17 3331.3302 8'2 way Cleanout 33 31 50 EA 9 $850.00- $7,650.00 18 3305.0109 Trench Safely 330510 LF 4463 $200! $8.926.00 19 3301.0002 Post-CCTV Inspeetlon 330131 LF 4463 $13,389.00 20 3301.0101 Manhole Vacuum Testing 33 01 30 EA 13 $150.00 $1,950.00 Total Sanitary Sever luWavemeab :440,77$.00 WdSOMMY flan 11Y Wafr btptaenssttb 5712 751.00 :lard("awsr bptowaurtb $",M. Tib[ � Page 3 of 5 -------------- 114 ® 377 TEXAS SITE EAGLE PKWY = LITSEY RD U AGL m� PKWY z 114 TEXAS 170 TEXAS 287 377 N NOT TO SCALE --------------------------------------- ------------------------------ -- - - ------------------------ --- ------------ -------- ---------- ALLIANCE OWNER/ DEVELOPER: ENGINEER: CENTER NORTH HILLWOOD ALLIANCE IPELOTON ifor I.ro to�uTio M� NORTH NORTH BEACH STREET & SERVICES, L.P. 9800 HILLWOOD NOT TO SCALE 9800 HILLWOOD PARKWAY,SUITE 300 PARKWAY,SUI,SUITEE 250 LITSEY ROAD - WATER/SEWER FORT WORTH,TEXAS 76177 PHONE: (817) 224-6000 FORT WORTH,TEXAS 76177 PHONE:817-562-3350 i i EX 16" WL AL INVESTMENT,L.P. AIL INVESTMENT,L.P. INST#2016-119802 INST.#2016-119801 R.P.R.D.C.T. R.P.R.D.C.T. 12" WL 12" WL 12" WL 12" WL STUB STUB EX 16" WL STUB LITSEY ROAD 04c UZ i Z � 0 All INVESTMENT,L.P. INST.#2016-119802 AIL INVESTMENT,L.P. R.P.R.D.C.T. PARCEL 1 REMAINDER) INST.#1 q98-117441 R.P.R.D.C.T. 12" WL EX 12" WL IILEGEND i PROPOSED WATER LINE, G.V. EXIST WATER LINE, G.V, F.H. PROPOSED FIRE HYDRANT PROPOSED GATE VALVE �Q EXISTING GATE VALVE NOTE:ALL PROPOSED WATER LINES ARE 12" UNLESS OTHERWISE NOTED EXHIBIT A - WATER --------- --------- ---------------- ---------- -------- -- ------ - --..-...------------------------------- ALLIANCEENGINEER: OWNER/ DEVELOPER: , NORTH CENTER NORTH HILLWOOD ALLIANCE lilil PEL,OTON NORTH BEACH STREET & SERVICES, L.P. 9800 HILLWOOD 9800 HILLWOOD PARKWAY,SUITE 300 PARKWAY,SUITE 250 LITSEY ROAD - WATER/SEWER FORT WORTH,TEXAS 76177 FORT WORTH,TEXAS 76177 GRAPHIC SCALE DATE:JUILY 2018 PHONE: (817) 224-6000 PHONE:817-562-3350 i i i i i i i AIL INVESTMENT,L.P. AIL INVESTMENT,L.P. IN ST#2016-119802 INST.#2016-119801 R.P.R.D.r.T, R.P.R.D.C.T. 811 SS 811 SS EX 8" SS LITSEY ROAD 7/co 811 SS 8 SS EX 8�ss GZ I LUQ' i ° 811 SS O� AIL INVESTMENT,L.P. AIL INVESTMENT,L.P. PARCEL 1(REMAINDER) INST.#2016-119802 INST.#1 98-117441 R.P.R.D.0 T. R.P.R.D.C.T. ll r LEGEND �Ip PROPOSED SEWER LINES -� EXISTING SEWER LINES NOTE:ALL PROPOSED SANITARY SEWER LINES ARE 8"UNLESS OTHERWISE NOTED EXHIBIT A1 - WASTEWATER ----------------- - -------- ------------------- ---------------------------------------------------------- --- - ------------------------ - ALLIANCE OWNER/ DEVELOPER: �'I pINEER: ELOTON 0 NORTH 600 CENTER NORTH HILLWOOD ALLIANCE LAMO �OLYTIOM� 9800 HILLWOOD NORTH BEACH STREET & SERVICES, L.P.9800 HILLWOOD PARKWAY,SUITE 30PARKWAY,SUITE,SUITEE 250 LITSEY ROAD - WATER/SEWER FORT WORTH,TEXAS 76177 PHONE: (817) 224-6000 FORT WORTH,TEXAS 76177 GRAPHIC SCALE DATE:J UILY 2018 PHONE:817-562--3350