HomeMy WebLinkAboutContract 54185 Received Date: Ju[24,2020
Received Time: 9:33 AM
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: 817-244-6000,russell.laughlinAhillwood.com
Authorized Signatory,Title: L.Russell Laughlin,Executive Vice President
Project Name: Litsey Road—Phase 2
Brief Description: Water,Paving, Storm Drain, Street Lights
Project Location: Between N Beach&I35W
Plat Case Number: Plat Name:
Mapsco: Council District: 7
CFA Number: CFA20-0015 City Project Number: 1102505 IPRC19-0244
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 1 of 15
Standard Community Facilities Agreement
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City Secretary Number: 54185
STANDARD COMMUNITY FACILITIES AGREEMENT
This COMMUNITY FACILITIES AGREEMENT("Agreement") is made and entered into by
and between The City of Fort Worth("City"), a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized Assistant City Manager,and Hillwood Alliance Services, LLC
("Developer"),acting by and through its duly authorized representative. City and Developer are referred to
herein individually as a"party"and collectively as the"parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth,Texas or its extraterritorial jurisdiction,for a project known as Litsey Road
—Phase 2 ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project,Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement("Community Facilities"or"Improvements"); and
WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional
obligations contained in this Agreement,and Developer may be required to make dedications of land,pay
fees or construction costs,or meet other obligations that are not a part of this Agreement.; and
WHEREAS,the City is not participating in the cost of the Improvements or Project; and
WHEREAS, the Developer and the City desire to enter into this 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:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated
into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exist between the terms and conditions
of this Agreement and the CFA Ordinance,the CFA Ordinance shall control.
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY page 2 of 15
Standard Community Facilities Agreement
Rev.1o/5/19[NPCI FT. WORTH, TX
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been accepted by the City ("Engineering
Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
® Exhibit A: Water
❑ Exhibit A-1: Sewer
® Exhibit B: Paving
® Exhibit B-1: Storm Drain
® Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 —
Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and
Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
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 specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
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6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time("Extension Period"). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City.
(b) 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 the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement,becomes insolvent, or fails to pay costs of construction.
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors,or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
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9.
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to
construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an oblige, in the amount of one
hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2) years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with 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 must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider,which shall be made a part of the Project Manual.
(e) Developer will require the Developer's contractors to give forty-eight (48)hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives
consent to proceed,and to allow such laboratory tests as may be required by the City.
(f) Developer will not allow Developer's contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
(g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
City of Fort Worth,Texas Page 5 of 15
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costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT.
(b) THE DEVELOPER 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 ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCLUDINGDEATH,
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 ONACCOUNT OFANYACT,INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS,SERVANTS, OR EMPLOYEES.
(c) DEVELOPER WILL 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 INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS 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, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
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MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
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 Developer with its
contractors,along with an assignment of all warranties given by the contractors,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.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees,and water testing lab fees
in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the
construction of the Improvements, the City will reconcile the actual cost of administrative material testing
service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid
by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer,
the Developer must pay the difference to the City before the Improvements will be accepted by the City. If
the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund
the difference to the Developer. If the difference between the actual costs and the estimated payments made
by the Developer is less than fifty dollars ($50.00),the City will not issue a refund and the Developer will
not be responsible for paying the difference. The financial guarantee will not be released by the City or
returned to the Developer until reconciliation has been completed by the City and any fees owed to the City
have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The City
will obtainproof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
16.
Notices
All notices required or permitted under this Agreement may be given to a party by hand-
delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
City of Fort Worth,Texas Page 7 of 15
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CITY: DEVELOPER:
Development Coordination Office Hillwood Alliance Services, LLC
City of Fort Worth 9800 Hillwood Pkwy.
200 Texas Street Suite 300
Fort Worth, Texas 76102 Fort Worth, Texas 76177
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of
three(3)years after final payment under the contract,have access to and the right to examine any directly
pertinent books, documents,papers and records of such contractor, involving transactions to the contract,
and further,that City shall have access during normal working hours to all of the contractor's facilities,and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants,officers,contractors,subcontractors,and volunteers shall operate as independent contractors as to
City of Fort Worth,Texas Page 8 of 15
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all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants, officers, contractors, subcontractors,and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
City of Fort Worth,Texas Page 9 of 15
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court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City and Developer, and if they so choose,their attorneys,have had the opportunity to review
and comment on this document;therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
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 with 10 or more full-time employees
that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City 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 term"boycott Israel"has
the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"has
the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter
2270 of the Government Code is applicable to this Agreement, by signing this Agreement, 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 this Agreement.
26.
Immigration and Nationality Act
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon
request by City, Developer shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER'SEMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
27.
Amendment
No amendment,modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
City of Fort Worth,Texas Page 10 of 15
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28.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this
Agreement without the prior written consent of City. Any attempted assignment or subcontract without the
City's prior written approval shall be void and constitute a breach of this Agreement.
29.
No Third-Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise,to any other person or entity.
30.
Compliance with Laws,Ordinances,Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
and understood that,if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
31.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
granted by proper order,resolution,ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
32.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original,but which together will constitute one instrument.
33.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the work to be performed hereunder,and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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34.
Cost Summary Sheet
Project Name: Litsey Road—Phase 2
CFA No.: CFA20-0015 IPRC No.IPRC19-0244 City Project No.: 102505
Items Developers Cost
A. Water and Sewer Construction
1. Water Construction $ 23,945.00
2.Sewer Construction
Water and Sewer Construction Total $ 23,945.00
B. TPW Construction
1.Street $ 1,254,469.50
2.Storm Drain $ 884,454.00
3.Street Lights Installed by Developer $ 175,240.00
4. Signals $ -
TPW Construction Cost Total $ 2,314,163.50
Total Construction Cost(excluding the fees): $ 2,338,108.50
Estimated Construction Fees:
C. Construction Inspection Service Fee $39,935.00
D. Administrative Material Testing Service Fee $6,566.00
E. Water Testing Lab Fee $150.00
Total Estimated Construction Fees: $ 46,651.00
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 2,338,108.50
Completion Agreement=100%/Holds Plat $ 2,338,108.50
Cash Escrow Water/Sanitary Sewer--125% $ 29,931.25
Cash Escrow Paving/Storm Drain=125% $ 2,892,704.38
Letter of Credit=125% $ 2,922,635.63 x
City of Fort Worth,Texas Page 12 of 15
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IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
znwq aujdp�z Hillwood Alliance Services,LLC
Dana Burghdoff(J 24,2020fi 50 CDT)
Dana Burghdoff L. R ss 11 L hlin
City Manager L.Russell Laughlin(Jul 2,202007:47 CDT)
L.Russell Laughlin
Executive Vice President
Date: Jul 24,2020
Date: Jul 24,2020
Recommended by:
Evelyn Roberts/Jennifer Ezernack
Project Assistant Contract Compliance Manager:
Planning and Development
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract,including
Approved as to Form &Legality: ensuring all performance and reporting
requirements.
Richard (Ju[24,202008:44C7T) Za&/ /
Richard A.McCracken Laurie Lewis(Ju124,2,0220_08:08CDT)
Sr.Assistant City Attorney
M&C No. Name: Laurie Lewis
Title: Interim Development Manager
Date: Jul 24,2020
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Mary J.Kayser/Ronald Gonzales
City Secretary/Assistant City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 13 of 15
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The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
® Attachment 1 -Changes to Standard Community Facilities Agreement
❑ Attachment 2—Phased CFA Provisions
❑ Attachment 3 —Concurrent CFA Provisions
® Location Map
® Exhibit A: Water Improvements
❑ Exhibit A-1: Sewer Improvements
® Exhibit B: Paving Improvements
® Exhibit B-1: Storm Drain Improvements
® Exhibit C: Street Lights and Signs Improvements
® Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 14 of 15
Standard Community Facilities Agreement
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ATTACIEMENT"I"
Changes to Standard Community Facilities Agreement
City Project No. 102505
None
City of Fort Worth,Texas Page 15 of 15
Standard Community Facilities Agreement
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00 42 43
DAP-BID PROPOSAL
Page I of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
LITSEY ROAD PAVING, DRAINAGE, STREET LIGHT
Project Item Information
Bidder's Proposal
Bidlist Item
No. Description Specification Unit of Bid
Section No. Measure Quantity Unit Price Bid Value
UNIT I:WATER IMPROVEMENTS
1 3311.0341 10"Water Plpe 33 11 10
LF 141
2 3312.2203 2"Water Service 33 12 10 $80.00 $11,280.00
3 3305.0109 Trench Safety EA $2,400.00 $2,400.00
1
33 05 10 LF 141
4 3311.0001 Ductile Iron Water Fittin s w/Restraint 33 11 11 $10.00 $1,410.00
5 TON 1.61
$5,500.00
$8,855.00
7
8 _.._
. . ..............
....................................9
..._........
10
11
12... ..
.............
13 _._
14
15
16 .....
......._
17
18
........................
19
20
21
22 .......
23
24
26
..
28
29.... .....
30._.._...._
31
32 _....._
33
34
35
36 _.........
.
......37 ...
38
39 - -
40 __...
41 ..... ._..
42
43 .
44
................
.... .......................
45
TOTAL UNIT I:WATER IMPROVEMENTS $23,945.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019
00 42 43—Bid Proposal_DAP_Rev 01-22-20.x1s
00 42 43
DAP-BID PROPOSAL
Page 2 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
LITSEY ROAD PAVING, DRAINAGE, STREET LIGHT
Project Item Information
Bidder's Proposal
Bidlist Item
No. Description Specification Unit of Bid
Section No. Measure Quantity Unit Price Bid Value
UNIT II: DRAINAGE IMPROVEMENTS
1 3137.0104 Medium Stone Riprap,dry 33 49 10 SY 644
$75.00 2 3341.0201 21"RCP, Class III $48,300.00
3 3341.0205 24"RCP C
33 41 10
LF 215 $60 00 $12,900.00
lass III,
3341 10 _
LF 186 $70.00
$13,020.00
4 3341.0402 42"RCP Class III --
334110 _
5 3341.0502 54"RCP Class Ill LF 64 $150.00 $9,600 00
33 41 10
LF 239 $210.00 6 3341.1103 4x4 Box Culvert
334910...
$50,190.00
7 3341.1303 6x4 Box Culvert
LF 400
$250.00 $100,000.00
33 49 20 -
.......LF 643 $335 00 8 3349.0003 6'Storm Junction Box $215,405.00
33 49 10 ....
EA 1
$6,500.00 9 3349.0004 7'Storm Junction Box $6,500.00
33 49 10 -
EA 2 $7,500.00 10 3349.1000 Headwall, Box Culvert TYPE PW 334940 $15,000.00
11 3349 5001 10'Curb Inlet EA 2 $24,500.00 $49,000.00
33 49 20... EA 8. $3 400.00
12 9999.0001 (4)6'x6'MBC $27,200.00
- 33 49 10 LF 192 $1 700.00 $326,400.00
13 3305.0109 Trench Safety 33 05 10
LF 1939 $1 00 __
14 3349.0104 4 Stacked Manhole $1,939.00
33 49 10 ...
EA 2
16 _... ..
- $4,500.00 $9,000.00
17
. .............. .............. .
18
26
19
21
22
......23
24
25
26
27
-28
30
29
31
33
34 ....
35
36
37
38
39
40 ......... _.
41
44
45
............
46
TOTAL UNIT II: DRAINAGE IMPROVEMENTS $884,454.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019
00 42 43_Bid Proposal_DAP_Rev 01-22-20.x1s
00 42 43
DAP-BID PROPOSAL
Page 3 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
LITSEY ROAD PAVING, DRAINAGE, STREET LIGHT
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Unit Price Bid Value
Section No. Measure Quantity
UNIT III: PAVING IMPROVEMENTS
1 0241.0800 Remove Rip Rap 0241 13 SF 12519 $2.00 $25,038.00
2 0241.4401 Remove Headwall/SET 02 41 14 EA 1 $1,500.00 $1,500.00
3123.0101 Unclassified Excavation by Plan(Cut per 31 2316
3 Plan)_ CY
4682 $5.00 $23,410.00
4 3123.0103 Borrow by Plan(Fill Per Plan) 31 23 23 Cy'' 24244 $6 50 $157,586.00
_....
5 3125.0101 SWPPP>_ 1 acre 31 25 00 LS 1 $18,500 00 $18,500.00
6 3211.0400 Hydrated Lime 3211 29 TN 223 $185.00 $411,2155.00
7 3211.0503 8"Lime Treatment 32 13 13 SY 10762 $4.00 $413 048.00
8 3213.0105 10"Conc Pvmt 32 13 13 SY 10389 $64.00 $664,896.00
9 3216.0101 6"Conc Curb and Gutter 32 16 13 LF 3223 $2.00 $6,446.00
10 3217.0001 4"SLID Pvmt Marking HAS(W) 32 1723 LF 293 $2.00 $586.00
11 3217.0002 4"SLD Pvmt Marking HAS(Y) 321723 LF 4290 $2.00 $8,580.00
12 3217.0003 4"BRK Pvmt Marking HAS(W) 32 17 23 LF 798 $2.00 $1,596.00
13 3217.0004 4"BRK Pvmt Marking HAS(Y) 32 17 23 LF 864 $2.00 $1,728.00
14 3217.0004 8"SLID Pvmt Marking HAS(Y) 32 1723 LF 69 $4.00 $276.00
15 3217.1003 Lane Legend DBL Arrow 32 1723 EA 10 $350.00 $3,500.00
16 3217.2103 REFL Raised Marker TY II-A-A 32 17 23 EA 69 $4.00 $276.00
17 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA
80 $4.00 $320.00
18 3291.0100 Topsoil 3291 19 CY 1296 $18 00 $23,328.00
19 3292.0400 Seeding, Hydromulch 32 92 13 SY 5832 $1 00 $5,832.00
20 3305.0107 Manhole Adjustment, Minor 33 05 14 EA 3 $500.00 $1,500.00
21 3471.0001 Traffic Control 3471 13 MO 3 $1,500.00 $4,500.00
22 9999.0002 Place 7-Strand Barb Wire Fence LF 4325 $6.00 $25,950.00
23 9996.0004 Remove Road Barricade LF 62 $10.00 $620.00
24 9999 0005 Connect to Ex Header LF 57 $30.00 $1,710.00
25 9999.0006 Salvage Rip Rap SF 5791 $2.00 $11,582.00
26 9999.0007 Clearing and Grubbing SF 45000 $0.50 $22,500.00
27 _.
....
28
......
29
30
31 _.
32
33
34
.....................
35
36
TOTAL UNIT III: PAVING IMPROVEMENTal $1,096,063.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal-DAP Rev 01-22-20.xis
00 42 43
DAP-BID PROPOSAL
Page 4 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID
LITSEY ROAD PAVING, DRAINAGE, STREET LIGHT Bidder's Application
Project Item Information
Bidder's Proposal
Bidlist Item
No. Description Specification Unit of Bid
Section No. Measure Quantity Unit Price Bid Value
UNIT IV:STREET LIGHTING IMPROVEMENTS
1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33
2 3441.1409 NO 8 Insulated Elec Condr LF 3440 $12.00 $41 280,00
34 41 10
LF
3 3441.1410 NO 10 Insulated Elec Condr 9180 $3.00
34 41 10 LF
$$7 540.00
4 3441 3302 Rdwy Ilium Foundation TY 3 5 6,8 3290 $3.00 9,870.00
34 41 20
EA
9999.0008 Furnish/install Powder Coat Black Type 18 34 41 20 9 _.. $1 200.00
5 10,800.00
_ . Pole EA.......
9999.0009 Furnish/Install Powder Coat Black Type 33A 33 41 20 - 8 9
$3,200.00
6 .
800.00
Arm EA
9999.0010 Furnish/Install Powder Coat Black LED
9._...._, $600.00
7 $5 400.00
33 41 20
Lighting Fixture(133 watt ATB2/4 Cobrahead) EA
8 2605.3001 1' "CONDT P 9 VC SCH 80(T) 26 05 33 $800,00 $7,200.00
9 3441.1405 NO 2 Insulated Elec Condr LF 2600 $11.00 $28,600.00
10 3441.1405 NO 6 Insulated Elec Condr 34 41 10 LF 150 $3.00
34 41 10 LF $450.00
11 9999.00011 Electric Meter Pedestal with Transocket 34 41 10 2600 $3.00 $7,800.00
1
12 ........ A $7,500.00 __$7,500.00
13
14
15
16
17
18
19
20
21
22
2s
24 _
25
26
27
28
2s
30
31
32
......... . .
33
34
35
36
37
38
40
41
43
TOTAL UNIT IV:STREET LIGHTING IMPROVEMENTS
$175,240.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019
00 42 43_Bid Proposal_DAP_Rev 01-22-20.xis
00 42 43
DAP-BID PROPOSAL
Page 5 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bid
LITSEY ROAD PAVING, DRAINAGE, STREET LIGHT Bidder's Application
Project Item Information
Bidder's Proposal
Bidlist Item
No. Description Specification Unit of Bid
Section No. Measure Unit Price Bid Value
Quantity
1 0241.0500 Remove Fence TxDOT IMPROVEMENTS
0241 13 LF
2 0241.1000 Remove Conc Pvmt 458 $4.00 $1,832.00
SY 129
02 41 15 _
3 0241.1100 Remove Sidewalk $30.00 $3,870.00
02 41 13 -
SF 4 0241.1100 Remove Conc Curb and Gutter $6,879.00
_._ 024115 LF
5 0241.4001 Remove 1 1.0'Curb Inlet 3 $25.00 $11,825.00
02 41 .1.4
6 3211.0400 HydratedLime 29.
EA 2 $1,200.00 $2,400.003211 29
7 32 11.0503 8"Lime Treatment TN .19 $185.00 $3,515.00
32 13 13
S�' 875 8 3213.0105 10"Conc Pvmt 13 $4.00 $3,500.00
13 -
32
9 3213.0301 4"Conc Sidewalk 20 Sy 720 $102.00 $73,440.00
SF 1979 ..
10 3216.0101 6"Con 32 13 c Curb and Gutter 3216 13 LF $4 50 $8,905.50
11 3217.0001 4"SLD Pvmt Marking HAS(W) 32 17 23 420 $8.00 $3,360.00
12 345
3217.0002 4"SLD Pv 1.mt Marking HAS(Y) 32 17 23 LF 92 $2.00 $690.00
13 3217.0004 8"SLD Pvmt Marking HAS(Y) 32 17 46
23 LF 192 $2.00 $384.00
14 3217,0201 8"SLD Pvmt Marking HAS(W) 32 17 23 LF $4.00 $184.00
. ..
15 3217.1002 Lane Legend Arrow1723- LF 233 $4.00 $932.00
32 EA 2 $650 00
16 3217.1004 Lane Legend Only 32 17 23 EA $1,300.00
3341 10
17 3341.0103 18"RCP, Class III 2 $650.00 $1,300.00
LF _18 3349.5001 10'Curb Inlet 33 49 20 EA 20 $70.00 ..$1,400.00 19 3441.4006 Install Alum Sign Ground Mount 3441 30 EA 2 $4,400.00 $8,800.00
20 9999.0012 4"Superpave Mixtures SP-B(PG 64-22) 3 $950.00 $2,850,00
21 3305.0109 Trench Safety SY 875 $24.00 $21,000.00
3305,10
22LF . .. 20 $2.00 $40.00
23
25
27
29
31
32 ..._
33 _
34
35
36
37
39
40 _
41
..........
42
43
TOTAL UNIT V: TxDOT IMPROVEMENTS $158,406.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019
00 42 43_Bid Proposal_DAP_Rev 01-22-20.x1s
00 42 43
DAP-BID PROPOSAL
Page 6 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
LITSEY ROAD PAVING, DRAINAGE, STREET LIGHT
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of I Bid
Description
No. Section No. Measure Quantity Unit Price Bid Value
Bid Summary
UNIT I:WATER IMPROVEMENTS $23,945.00
IT II:DRAINAGE IMPROVEMENTS $884,454.00
__.__.. __..... _.....
IT III: PAVING IMPROVEMENTS $1,096,063.00
UNIT IV:STREET LIGHTING IMPROVEMENTS $175 240.0
101
UNIT V:TxDOT IMPROVEMENTS $158,406.50
Total Construction Bid $2,338,108.50
This Bid is submitted by the entity named below: / 1
BIDDER: CIDO JdbM C, Q/1 fit ' L� BY: (� %—A LLC Ck
TITLE: �Sl
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE withinworking days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
If
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP_Rev 01-22-20 As