HomeMy WebLinkAboutContract 45397 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT §
Contract No. t 1.5
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project") within the City
of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the Improvements.
Developer and Project Information:
Developer Company Name: Hillwood Alliance Services, LLC
Address, State, Zip Code: 13600 Heritage Parkway, Suite 200 Fort Worth, TX 76177
Phone, E-Mail: (817)224-6000, Russe11.1aughlin@hillwood.com
Authorized Signatory/Title: L. Russell Laughlin, Senior Vice President
Project Name and Brief Description: Paving, Drainage & Street Lights Improvements to serve Alliance
Town Center North Ph. 2 (Founders Way)
Project Location: South side of Golden Triangle Blvd., between Old Denton Rd. & I-35W
Plat Case No.: FP-013-041 Plat Name: Founders Way ROW, Alliance Town Center North
Council District: 2 City Project No: 02171 CFA: 2014-006 DOE: 7123
To be completed b staff
Received by: l _� 1 ,V� t ,`� ,t ie
Date: ee) 3 I ILI
OFFICIAL RECORD
CITY SECRETARY
vtWORThTh
CANED MAR 03 2014
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 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 (A) N/A , Sewer
(A-1) N/A, Paving (B) `X_, Storm Drain (B-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 Policy 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 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 Improvements, and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the Improvements 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 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 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, 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 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 stone 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 If applicable, the City's obligation to participate (exclusive of front foot charges) in
the cost of the Improvements shall terminate if the Improvements are not
completed within two (2) years provided, however, if construction of the
hnprovements has started within the two year period, the developer may request
that the CFA be extended for one year. If the Improvements 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 Improvements if at
the end of two (2) years from the date of this Agreement 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 North Ph. 2
CFA No.: 2014-006 DOE No.: 7123
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 $ 372,660.50
Developer's Cost
$
$
$
$
$
257,642.50
73,638.00
41,380.00
Total Construction Cost (excluding the fees):
Construction Fees:
C. Water/Sewer Inspection Fee (2%)
D. Water/Sewer Material Testing Fee (2%)
Sub -Total for Water Construction Fees
$ 372,660.50
$
$
E TPW Inspection Fee (4%) $ 13,251.22
F. TPW Material Testing (2%) $ 6,625.61
G. Street Light Inspsection Cost $ 1,655.20
H. Street Signs Installation Cost $
Sub -Total for TPW Construction Fees $ 21,532.03
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
$ 21,532.03
$
$
Choice
Amount (ck one)
372,660.50
372,660.50
465,825.63
465,825.63
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 execut this
instrument in at Fort Worth Texas this 3r. da of a,f,"��
quadruplicate, Y
, 20 / 1.1 .
CITY OF FORT WORTH - Recommended by:
Water Department
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
Doug Black
Assistant City Attorney
M&C No. 4/1*.
Date:
ATTEST:
Mary J. Kaye
City Secretary
ATTEST:
96PSignature
(Print) Name: Joe C. Schneider
Title: Vice President
Transportation & Public Works Department
Douglas Wiersig, P.E.
Director
Approved by City Manager's Office
oow�o�io�
Fernando Costa
Assistant City Manager
DEVELOPER:
Hillwood Alliance Services, LLC
8
Signature
(Print) Name: L. Russell Laughlin
Title: Sr. Vice President
OFFICIAL RECORD
CITY SECRETARY
ET. WORTh, TX
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included
n
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IV
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)
9
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OWNER / DEVELOPER.
HILLWOOD ALLIANCE
SERVICES, L.P.
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224.- 6000
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INST. #213156538
C.R.T.C.T
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VOL 014315, PG 0056
TEMPORARY
GRAVEL
TURNAROUND
LEGEND
PROPOSED CONCRETE PAVEMENT
SIDEWALK BY DEVELOPER
H.C. RAMPS BY DEVELOPER
EXHIBIT B - PAVING
TRIANGLE 1-35
REALTY LTD
#0206086268
1
GOLDEN TRIANGLE BLVD
28' B-B / 85' ROW .__.
TEXAS HEALTH RESOURCES
TR 7E1
#D209326476
55' B-B / 85' ROW
0
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NORTH
ALLIANCE TOWN
CENTER NORTH
PHASE 2 (FOUNDERS WAY)
GRAPHIC SCALE DATE: JANUARY 2014
300'
OWNER / DEVELOPER:
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SERVICES, L.P.
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224 - 6000
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SUITE 185
KELLER, TX 76244
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VOL 014315, PG 0056
LEGEND
P ROPOSED STORM DRAIN INLET
EXIST STORM DRAIN INLET
P ROPOSED STORM DRAIN MANHOLE
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EXHIBIT B1- STORM DRAINAGE
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TR 7E1
#D209326476
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OWNER / DEVELOPER'
HILLWOOD ALLIANCE
SERVICES, L.P.
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224 — 6000
P E LOTO N
111 LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350
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INST. #213156538
C.RT.C.T
AIL INVESTMENT LP
TR 7E2
VOL 014315, PG 0056
LEGEND
PROPOSED STREET LIGHTS
EXIST STREET LIGHTS
EXHIBIT C - STREET LIGHTS
TEXAS HEALTH RESOURCES
TR 7E1
#D209326476
ALLIANCE TOWN
0 NORTH 300' CENTER NORTH
PHASE 2 (FOUNDERS WAY)
GRAPHIC SCALE DATE: JANUARY, 2014
MINN
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OWNER / DEVELOPER.
HILLWOOD ALLIANCE
SERVICES, L.P.
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224 - 6000
li!I P E LOTO N
IIII' LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350
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TR 7E2
VOL 014315, PG 0056
LEGEND
PROPOSED STREET NAME SIGNS
0 EXIST STREET NAME SIGNS
EXHIBIT C1- STREET NAME SIGNS
TRIANGLE 1-35
REALTY LTD
#0206066268
1
GOLDEN TRIANGLE BLVD
TEXAS HEALTH RESOURCES
TR 7E1
#D209326476
300 ALLIANCE TOWN
0 NORTHCENTER NORTH
PHASE 2 (FOUNDERS WAY)
GRAPHIC SCALE DATE: JANUARY, 2014
OWNER / DEVELOPER'
HILLWOOD ALLIANCE
SERVICES, L.P.
13600 HERITAGE PARKWAY, SUITE 200
FORT WORTH, TEXAS 76177
PHONE: (817) 224 - 6000
Bill PE LOTO N
1111 LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350
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ITEM NO.
3110.0101
3123.0102
3123.0101
3125.0101
3213.0103
3211.0502
3211.0400
3212.0503
3211.0400
3292.0400
9999.0000
3213.0303
9999.0001
241.01
241.05
241.13
3471.0001
3441.4006
3217.1002
3217.1004
3217.1006
3217.0001
3217.0002
3217.0003
3217.0202
3217.0501
3341.0205
3341.0402
3349.0002
3349.7001
3349.5001
3292.04
3305.0109
2605.3011
3441.1502
3441.3301
9999.0002
3441.3104
3441.3312
I 9999.0003
I 9999.0004
BID ITEM
Site Clcarir
Fill Material
Unclassified Excavation
SWPPP z 1 Acre
8" Cone Pvmt
8" Limc Treatment
8 % Hydrated Lime
6" Asphalt Base Tvpc B
7% Hydrated Lime (--30#/SY)
Seeding, Hydromuleli of all Parkways & Medians
Connect to Existing Header
6" Concrete Sidewalk
Street Barricade
Remove Sidewalk
Remove Fence
Remove Concrete Curb & Guttcr
Traffic Control
Install Alum Sign Ground Mount
Lane Legend Arrow
Lane Legend Only
Lane LS end Bike
4" SLD Pvmt Marking HAS %
4" SLD Pvmt Marking HAS (Y)
4" BRK Pvmt Marki (W
8" SLD Pvnit Marking�S (Y)
24" SLD Pvmt Marking (W)
24" RCP, Class III
42" RCP. Class III
5' Storm Junction Box
4' Drop Inlet
10' Curb Inlet
Seedin& Hvdromulch of Drainage Channels
Trench Safety
2" CONDT PVC SCH 40 (T)
Ground Box, Small, w/ Lid Aron
ltdwv Illum Foundation Type 4 - With Stone Faced Base
Rdyy Illum Assembly - Beacon Products Decorative Luminaire
15/OW MH PC Lig in Fixture
Contact Enclosure, Pad Mount
'Erosion Control
Existing Sums to be Relocated
CFA Quantity Take Off
Alliance Town Center North Ph2
Paving, Drainage, & Street Light Improvements
Project Number.
Prepared For:
Date:
File Name:
UNIT 3
LS
CY
CY
LS
SY
SY
TON
SY
TON
SY
LF
SF
LF
SF
LF
LF
LS
EA
EA
EA
EA
LF
LF
LF
LF
LF
LF
LF
EA
EA
EA
SY
LF
LF
EA
EA
EA
EA
EA
HWATCN009
Hillwood Alliance Services, L.P.
January 28, 2014
CFA PROJECT QUANTITY MATRIX
755
180
120
LS
LS I
8
3.113
3.400
62
1,072
16
987
54,
5.266
11s
SHEET NO.
13 J 14 17
65,
2,329
63
561
1
1
2
1,436
624
I I I
7
2
2
2
972
356
972
273
24
19
1
21
SL-1
2
972
356
972
273
24
ITEM TOTAL UNIT PRICE ITEM TOTAL COST
$3.500.00
65 1 $10.50
2,32E $5.50
11 $1,000.00
Total Earthwork Lnprovcmcnts
3.113 $39.50
3.40(5 $3.00
62 $160.00
1.0// $30.00
16 $160.00
987 $2.00
54. $25.00
5,26(1J $5.00
11) S25.00
755 $3.00
180 $4.00
120 $20.00
I $2,500.00
Total Paving Improvements
7 $500.00
2 $200.00
$250.00
$300.00
$2.00
$2.00
$2.00
$4.00
$12.00
Total Pavement Markings & Signagc Improvcmcnb
8651
2
63 $45.00
561 $95.00
$5,500.00
1 $3,500.00
2 $2,200.00
1.43 f $2.00
62 )) $2.00
Total Storm grain Improvements
865 $12.00
2 $750.00
$2,000.00
$2.600.00
$600.00
$3.500.00
Total Street Light Improvements
11
$3.500.00
1 $800.00
Total Miscellaneous Improvements
$3.500.00
$6,877.50
$12.809.50
$1,000.00
S24.187.00
$122.963.50
$10,200.00
$9.920.00
$32,160.00
$2,560.00
$1,974.00
$1,350.00
$26.300.00
$2.875.00
$2.265.00
$720.00
$2,400.00
$2,500.00
S218.187.50
$3.500.00
$400.00
$500.00
$600.00
$1,944.00
$700.00
$1,944.00
$1,092.00
$288.00
S 10968.00
$2.835.00
$53,295.00 _
$5,500.00
$3,500.00
$4.400.00
$2.860.00
$1.248.00
S73,638.00
$10,380.00
$1,500.00
$10,000.00
$13,000.00
$3.000.00
$3,500.00
S41,380.00
$3,500.00
$800.00
$4,300.00
Total Improvements' $372,660.50