HomeMy WebLinkAboutContract 47321 (2)DEC --9 ? !t
CITY OF FORT WORT 14
orris " r
Nv. Developer Company Name: Hillwood Alliance Services, LLC
:sr\
D
CITY SECRET
CONTRACT NO.
eveloper and Project Information Cover Sheet:
Address, State, Zip Code: 13 600 Heritage Pkwy Ste. 200
Phone: 817-224-6000
E-Mail: Russell.laughlin@hillwood.com
Authorized Signatory/Title: Russell Laughlin / Senior Vice President, Properties Division
732
Project Name and Brief Description: Alliance Town Center -Feather Grass Lane & General Worth Dr.
Project Location: Intersection of General Worth Drive and North Riverside Dr.
Plat Case No.: FP-15-011 /FP-15-013 Plat Name: Alliance Town Center/General Worth Dr.
Mapsco: 21Y
CFA: 2015-063
To be completed}jstaff.•
Received by:
Council District: 4
DOE: 7475
City Project No : 02588
Date: /eine
1
•
•
•
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
City Secretary
Contract No. LJ'7&OLII
WHEREAS, the undersigned Developer ("Developer") desires to make certain
specific improvements as described below and on the exhibits attached hereto
("Improvements") related to a project generally described as Alliance Town Center Feather
Grass Ln & General Worth Dr. ("Project") within the City 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 Improvements and the
Proj ect.
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 acknowledges that the said
2
acceptance process requires the Developer's contractor(s) 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 any sub -contractors and
suppliers in full. Additionally, the contractor must also provide in writing
that the contractor has been paid in full by Developer for all the services
provided under their 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.
b. The following checked exhibits are made a part hereof: Water (A) Sevve
Paving (B) X- Stoirrn Drain (13-1) X : Street Lights & Signs {C) X
E The Developer shall award all contracts for the construction of the
Improvements in accordance with Section II, paragraph 7 of the Pohcy and the
contracts shall be administered in conformance with paragraph 8, Section II, of
the Policy.
F. For all Improvements included in this Agreement for which the Developer
awards construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed,
said contractor to meet City's requirements for being prequalified, insured,
hcensed and bonded to do work in public streets and/or to perform
water/waste water construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance
bond in the names of the City and the Developer for one hundred percent
(100%) of the contract price of the Improvements, and a maintenance bond
in the name of the City for one hundred percent (100%) of the contract price
of the Improvements valid 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
3
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 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 at least 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 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, 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 contemplated herein.
I. City shall not be responsible for any costs that may be incurred by Developer in
the relocation of any utilities that are or may be in conflict with any of the
community facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemnify, defend and hold the
City harmless for any inadequacies in the preliminary plans, specifications
and cost estimates supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and
easements across property owned by Developer and required for the
construction of the current and future improvements provided for by this
Agreement.
L. The Developer further covenants and agrees to, and by these presents
does hereby, fully indemnify, hold harmless and defend the City, its
officers, agents and employees from all suits, actions or claims of any
character, whether real or asserted, brought for or on account of any
injuries or damages sustained by any persons (including death) or to any
property, resulting from or in connection with the construction, design,
performance or completion of any work to be performed by said
Developer, his contractors, subcontractors, officers, agents or employees,
or in consequence of any failure to properly safeguard the work, or on
account of any act, intentional or otherwise, neglect or misconduct of said
DEVELOPER, his contractors, sub -contractors, officers, agents or
employees, whether or not such injuries. death or damages are caused, in
whole or in part, by the alleged negligence of the City of Fort Worth, its
officers, servants, or employees.
M. Developer will further require its contractors to indemnify, defend and
hold harmless the City, its officers, agents and employees from and against
any and all claims, suits or causes of action of any nature whatsoever,
whether real or asserted, brought for or on account of any injuries or
damages to persons or property, including death, resulting from, or in any
way connected with, the construction of the infrastructure contemplated
herein, whether or not such injuries, death or damages are caused, in
whole or in part, by the alleged negligence of the City of Fort Worth, its
officers. servants. or employees. Further, Developer will require its
contractors to indemnify, and hold harmless the City for any losses,
5
damages, costs or expenses suffered by the City or caused as a result of said
contractor's failure to complete the work and construct the improvements
in a good and workmanlike manner, free from defects, in conformance with
the Policy, and in accordance with all plans and specifications.
N. Upon completion of all work associated with the construction of the
Improvements, Developer will assign to the City a non-exclusive right to
enforce the contracts entered into by the Developer with its contractor along
with an assignment of all warranties given by the contractor, whether express or
implied. Further, Developer agrees that all contracts with any contractor shall
include provisions granting to the City the right to enforce such contracts as an
express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and
material testing fees equal to two percent (2%) for a total of 4% of the
developer's share of the total construction cost as stated in the construction
contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to
four percent (4%) and material testing fees equal to two percent (2%) for a
total of 6% of the developer's share of the total construction cost as stated in
the construction contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not
installing the streetlights, inspection fees equal to four percent (4%) of the
developer's share of the streetlight construction cost as stated in the
construction contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 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 construction of same before the expiration of two (2) years if
the Developer breaches this Agreement, becomes insolvent or fails to pay
costs of construction and the financial guarantee is not a Completion
Agreement. If the financial guarantee is a Completion Agreement and the
Developer's contractors and/or suppliers are not paid for the costs of
supplies and/or construction, the contractors and/or suppliers may put a lien
upon the property which is the subject of the Completion Agreement
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Cost Summary Sheet
Project Name: Alliance Town Center Feather Grass Ln & General Worth Dr
CFA No.: 2015-063 DOE No.: 7475
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
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
TPW Construction Cost Total
Developer's Cost
Z24,424;50
2a4 $44.00-
202,35&bo
1,211,618.50
Total Construction Cost (excluding the fees): $ 1,211,618.50
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $
D. Water/Sewer Material Testing Fee (2%) $
Sub -Total for Water Construction Fees $
E TPW Inspection Fee (4%) $ 40,370.74
F. TPW Material Testing (2%) $ 20,185.37
G. Street Light Inspsection Cost $ 8,094.00
H. Street Signs Installation Cost S -$ MOO,
Sub -Total for TPW Construction Fees $ 69,630.11
Total Construction Fees: $
Financial Guarantee Options (Choose one)
'Bond = 100%
'Completion Agreement = 100% / Holds Plat
'Cash Escrow Water/Sanitary Sewer= 125%
'Cash Escrow Paving/Storm Drain = 125%
'Letter of Credit = 125% w/2yr expiration period
69,630.11
Amount Mark choke
I $ 1,211,618.50
1,211,618.50
1,514,523.13
1,514,523.13
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 I ) day of oeaenther
r �
,20-
CITY OF FORT WORTH - Recommended by:
Water Department
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. /(l ie
Date:
A
E
•
(.„
Mary J. Kayser
City Secretary
ATTEST:
Gtooncico
cta
•
Transportation & Public Works Department
Ci
Douglas Wiersig, P.E.
Director
Approved by City Manager's Office
Jesus J Chapa
Assistant City Manager
DEVELOPER: Hillwood Alliance Services, LLC
a Texas limited liability company
Print Name: L. Russell Laughlin
Title: Vice President — Land Development
9
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Check items associated with the project being undertaken; checked items must be included
as Attachments to this Agreement
Included Attachment
❑ Location Map
Exhibit A: Water Improvements
Water Estimate
Exhibit A-1: Sewer Improvements
Sewer Estimate
Exhibit B: Paving Improvements
Paving Estimate
Exhibit B-1: Storm Drain Improvements
Storm Drain Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
'HI P E l
' I LAND
a>I! eaon:'D0. In 11a
ITEM NO. 3110.0101 SiteClearin-
3123.0103 Borrow byl;j
3123.0101 UnclassifieC-
3125.0101 SRPPP21"-
3213.0103 8"Cone
3211.0502 8"Lime To
3211.0400 Hydrated Li
3212.0503 '6" Asphalt 1
3211.0400 Hydrated
3213.0301 4"Cone Si
3213.0506 (Barrier Fr..
3292.0400 !Seam 11 3
9999.0001 lCcm i uct Co
9999.0002 IConnect to
9999.0003 Traffic Con(
9999A004 4" CONDT-
9999.000�0
9999.0006 16" COND' J
3217.1002 tme Le enr
3217.1004
3217.0202
3217.0101
3217.0501
3217.0001
3217.0004
3217.0003
3441.4006
3441.4007
9999.0007
3341.0201
3342.0208
3341.0302
3341.0305
3341.0309
3341.0402
3341.0409
3341.1201
3349.0001
3349.0002
3349.0003
9999.0008
9999.0009
3349.5001
3137.0102
3137.0102
3292.0400
3349.5002
241.4401
3349.7001
3305.0109
Lane Legen7
8° SLD Pert-
" SLD Pew
24" SLD Pv=
4" SLD Pen-
`‘,
4" BRK Pn=
4" BRKPv[L
Install Alum=
Alum-
End ofRoac=
21" RCP. Ce-
27" RCP, err
30" RCP. C.=
33"RCP. C#.
36"RCP,CK
42" RCP. C1=
48"RCPcCh
5x3 Box Cd"
4' Stmm Jun
5' Storm Jun
6' Stotm J
STD 42 RC
TxDOT Std.'
10' Curb Lnlf
Large Stone'
Large Stone'
Seedin ,, R'
15'CurbW
Remove H
4' Drop Inlet
Trench Saf
26053015 2" CONDT'.
3441.1502 Ground Box
34413003 RdwyNum.
9999.0010 Rdwylllum,
3441.3201 (LED Ugh
AMADOR
DR
SITE-
•
�..1111111111111111111111111111111111 II
jr...,
GOLDEN TRIANGLE BLVD
w0
o✓
co 0
w
z
mw w
CO
0 Z
p� HERITA:3E
Z.../TRACE P
\1/40w
cc
W J
LL
' NORTH TARRANT
\PARKWAY
II II 11111111111111
N BEACH ST
BASS:NOOD BLVD
I
NORTH
NOT TO SCALE
ALLIANCE TOWN
CENTER
FEATHER GRASS LN &
GENERAL WORTH DR
DATE:JULY 2015
VYLJuJMIOJfu61YLWYWSYULJW'WduuSlwoJYtll4mWYPmedBo„dmowmmuul' d�uvu'r'u�uoWun��al�e r„nmw�r�ii%�Wmi How Ail Lill ficidivi lid Hall mill Hiram,
OWNER / DEVELOPER:
HILLWOOD ALLIANCE
SERVICES, L.P.
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224 - 6000 PHONE: 817-562-3350
ENGINEER:
P E LOTO N
II"' LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
uwiuuwm�uauu�amdui�wmuiauimtli�iu��m�����auuii iiu ����md�d ��m�e��mi i wnomwii nor iiiwo,o��W�aiwddal�,iWWidi w��o��u�u ��luu���an �wiauo���WW��iuu'�o�xMw�el�a��ne.��,aasrau���iuv
37' B-B / 72' ROW 61' B-B / 72' ROW
Illll I IIII I I I i iui 111 i I1O1
4'
37' B-B / 72' ROW--40-‘1
H, 1 w NIL hill
GENERAL WORTH DRIVE
LEGEND
PROPOSED CONCRETE PAVEMENT
SIDEWALK BY DEVELOPER
H.C. RAMPS BY DEVELOPER
EXHIBIT B - PAVING
CL
0
z
ALLIANCE TOWN
CENTER
FEATHER GRASS LN &
GENERAL WORTH DR
GRAPHIC SCALE DATE:JULY 20 5
h II Hu.1 ,0 tl 1111,hdllllil I 1111111h iiyl4111141111114u'of IIl!hlp4WYY4 YIIIY�IIUYY4Jm��i��Yll1III'l lJaiYW�inWI;mWYAul4I�WrdOwW,�rawnlY 111 �^ u,u��niiiJin i6114IIII Jm6ia WiYllLu1W WiY J,Itl16f1WWUYJllnllil,OW,W&10d,,,1 Nnn�Il�Wuv4'J JYLJu uWil'�uiiii iWIIDUWu3�u0W10
OWNER / DEVELOPER&
HILLWOOD ALLIANCE
SERVICES, L.P.
ENGINEER&
1i!11 PELOTON
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224 - 6000
I`II LAND SOLUTIONi
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350
EX 30" RC
18" RCP
T
a
nisousgernma
0
EX 24" RCP
l EX 21" RC
21" RCP
18" RCP
\-42" RCP
30" RCP
LEGEND
EX 27" RCP 21" RCP
27" RCP 42" RCP
18" RCP
GENERAL WORTH DRNE m x
21" RCP
33" RCP
P ROPOSED STORM DRAIN INLET
EXIST STORM DRAIN INLET
P ROPOSED STORM DRAIN MANHOLE
P ROPOSED STORM DRAIN HEADWALL
EXHIBIT B1- STORM DRAINAGE
18" RCP
48" RCP
36" RCP
42" RCP
5'x3' RCB
ALLIANCE TOWN
CENTER
FEATHER GRASS LN &
GENERAL WORTH DR
GRAPHIC SCALE DATE: JULY. 2015
OWNER / DEVELOPER:
HILLWOOD ALLIANCE
SERVICES, L.P.
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224 - 6000
ENGINEER'
li!II P E LOTO N
h LAND SOLUTION/
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350
00
2O
O
GENERAL WORTH DRIVE
•
0
LEGEND
PROPOSED STREET LIGHTS
EXIST STREET LIGHTS
EXHIBIT C - STREET LIGHTS
0 NORTH 300'
rL
- Idh ai.l I I, Ii, le„ i..I. Jlnhid: I ui
ALLIANCE TOWN
CENTER
FEATHER GRASS LN &
GENERAL WORTH DR
GRAPHIC SCALE DATE: JULY,y 2015
lahliaiiiiiiffidahhII itli iffithiluidikiidihikui II,Io'Wlllluuulhi micakialliWIIIIWWYWitl1AW :11 ill11111111'Il1,J 1111 1,II'aili�W��WYJWYII'IIIY IdJUYY�I
OWNER / DEVELOPER°
HILLWOOD ALLIANCE
SERVICES, L.P.
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224 - 6000
auliu IiWm ii u�euaDm�,�n�l i IIIIII I IlIIn1i'ollul ,,.wn i uai ui1�il�a1 nuwiiw�u uo�„�a,,.�u�uuno-��,uWl
WASSUil
ENGINEER•
UII PELOTON
I'I I LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350
.mr1r1uu,thd�I�L Wi i i ne wi rl uu�lw�el eli li.
t
GENERAL WORTH DRIVE
LEGEND
PROPOSED STREET NAME SIGNS
EXIST STREET NAME SIGNS
EXHIBIT C1- STREET NAME SIGNS
t0
0
w
ALLIANCE TOWN
CENTER
FEATHER GRASS LN &
GENERAL WORTH DR
GRAPHIC SCALE DATE:JULY 2015
OWNER / DEVELOPER:
HILLWOOD ALLIANCE
SERVICES, L.P.
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224 - 6000
ENGINEER:
li!11 P E LOTO N
I�I I LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350