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Contract 59151
Received Date: 3/31/2023 Received Time: 8:52 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, Texas 76177 Phone & Email: (817) 224-6000, Russell.Lau hg linkhillwood.com Authorized Signatory, Title: L. Russell Laughlin, Executive Vice President Project Name: North Beach Street — SH170 to Saratoga Downs Way Water, Sewer, Paving, Storm Drain and Street Lights Brief Description: Project Location: South of SH170 at N Beach St. Plat Case Number: Not Provided Plat Name: Lone Star Crossing Mapsco: Not Provided Council District: 7 City Project Number: 1 103773 1 IPRC21-0147 CFA Number: CFA22-0024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Secretary Number: 59151 STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION 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 and City desire to construct public improvements within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as North Beach Street — SH170 to Saratoga Downs Way ("Project"); and WHEREAS, the City desires to ensure that the public infrastructure is constructed according to City standards; and WHEREAS, the City's Master Thoroughfare Plan ("MTP") establishes that North Beach Street shall be a six -lane, median divided roadway with ten -foot shared paths; and WHEREAS, City and Developer desire for the Project to include the construction of four lanes of median divided roadway improvements with ten -foot shared paths, including associated drainage infrastructure improvements ("Community Facilities" or "Improvements"); and WHEREAS, Developer will dedicate easements and right-of-way necessary for the Project on land owned by Developer or its affiliates, and City will coordinate with Developer to obtain easements necessary for the stormwater drainage related to the Project; and WHEREAS, future development of land by Developer in the vicinity of the Project may require Developer to construct additional public improvements, including, but not limited to the additional two lanes of North Beach Street as shown in the MTP; and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement; and WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $2,997,296.85 to fund the construction costs for the roadway and associated stormwater Improvements that are eligible to be paid with transportation impact fees and to fund the lowering of a 24-inch sanitary sewer main and a 36-inch water main, as authorized by City Council through approval of M&C 21-0945 on December 14, 2021 ("City Participation"); and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 2 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 WHEREAS, an additional $32,306.40 in water and sewer contingency funds, and $70,396.75 in transportation impact fee contingency funds (for a total amount of $102,703.15 in contingency funds) are appropriated for the project and will become part of the City Participation if an amendment or change order to this Agreement is executed by the Parties to incorporate all or a portion of those funds into the project; and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $2,820,153.25 for transportation impact fee eligible construction costs, $171,430.00 for water and sewer construction costs, and $3,428.60 for material testing costs for water and sewer infrastructure; and WHEREAS, the remaining City Participation in an amount not to exceed $2,285.00, will not be paid by City to Developer, but will be used by the City to fund the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees for the water and sewer infrastructure; 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. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved 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 ❑X Exhibit A-1: Sewer © Exhibit B: Paving X❑ Exhibit 13-1: Storm Drain ® Exhibit C: Street Lights & Signs City of Fort Worth, Texas Page 3 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 I — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, Attachment 3 — Concurrent CFA Provisions, Attachment 4 — Business Diversity Ordinance Compliance, and Attachment 5 — Cost Participation Calculation 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 Standard City Conditions of the Construction Contract for Developer Awarded Projects, the Project Manual, 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. If the Developer's contractors: (a) are not constructing the Improvements in accordance with the Engineering Plans; (b) the contractors violate federal law, state law or local law, policies, rules or regulations in connection with the construction of the Improvements; or (c) coordination of the timing of the construction of adjacent utilities is necessary to avoid having to remove and replace Improvements that Developer's contractors are about to install, the City may temporarily suspend the construction of the Improvements by delivering a written notice to Developer and Developer's contractors. The temporary suspension of the construction of the Improvements shall only occur for the amount of time necessary for Developer's contractors to correct the violation or for the coordination of the utilities to be completed, and upon any such suspension, City agrees to reimburse Developer for the City's share of construction costs for work properly completed through the date City suspended construction. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in Section 39 of this Agreement for the Developer's share of the cost of the Improvements, which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Developer's share of 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. Developer shall not be required to provide a financial guarantee covering the City's share of the cost of the Improvements. 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"). Subject to City timely making payments to Developer for the City Participation as required in this Agreement, Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date City of Fort Worth, Texas Page 4 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ("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) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance. 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. 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 City of Fort Worth, Texas Page 5 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 provide the City with a maintenance bond naming the City as an obligee, 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. The City agrees to schedule the Project for a pre -construction meeting following execution of this Agreement. (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. (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 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 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 across property owned by Developer and required for the construction and dedication to the City of the Improvements provided for by this Agreement. Developer shall be entitled to transportation impact fee credits for rights -of -way and easements provided by Developer for the Project in accordance with Texas law and the City Code as set forth in a separate agreement between the City and Developer. City of Fort Worth, Texas Page 6 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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, AND ENGINEERING PLANS 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, BROUGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDINGDEATH, 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 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. City of Fort Worth, Texas Page 7 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 obtain proof 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: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 DEVELOPER: Hillwood Alliance Services, LLC. 9800 Hillwood Pkwy Suite 300 Fort Worth, Texas 76177 City of Fort Worth, Texas Page 8 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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 City of Fort Worth, Texas Page 9 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 either party 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 said party's right to assert or rely on any such term or right on any fixture occasion. 21. Governmental Powers and Immunities Developer and City agree that this Agreement is a contract for goods and services pursuant to Chapter 2251 of the Texas Government Code and Section 271.152 of the Texas Local Government Code. With respect to any claims from any person or entity that is not a Party executing this Agreement, the City does not waive 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 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 City of Fort Worth, Texas Page 10 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 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 terms "boycott Israel" and "company" have the meaning ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 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. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 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 energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate against firearm entity or firearm trade association," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 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 have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Compliance with Public Information Act Requests City of Fort Worth, Texas Page 11 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Developer on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Developer; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. 29. 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 (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee of Developer 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 CITYAND HOLD CITYHARMLESS FROMANYPENAL TIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, 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. 30. 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. 31. Assignment and Successors Developer shall not assign this Agreement without the prior written consent of City. Any attempted assignment without the City's prior written approval shall be void and constitute a breach of this Agreement. 32. 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. City of Fort Worth, Texas Page 12 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 33. 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. 34. [Intentionally Omitted] 35. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 36. 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. 37. City Participation (a) The City shall reimburse Developer for transportation impact fee eligible construction costs in an amount not to exceed $2,820,153.25, water and sewer construction costs in an amount not to exceed $171,430.00, and material testing costs for water and sewer infrastructure in an amount not to exceed $3,428.60. The remaining City Participation in an amount not to exceed $2,285.00 shall not be paid to Developer, but shall be used by City to fund the City's portion of, construction inspection service fees, administrative material testing fees, and water lab testing fees. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation was calculated as set forth in Attachment "5" which is attached hereto and incorporated herein by reference. In addition to the above, the City has appropriated $32,306.40 in water and sewer contingency funds, and $70,396.75 in transportation impact fee contingency funds (for a total amount of $102,703.15 in contingency funds) for the Project. City shall not owe any contingency funds to Developer until an amendment or change order to this Agreement is executed by the Parties to incorporate some or all of the contingency funds into the Project. (b) Reimbursement for Paving, Storm Drain, Street Lights and Signs. During construction of the Improvements, Developer will receive applications for payment from Developer's contractors. Developer shall verify that each application for payment is due and payable under the construction contracts between Developer and the contractors and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to City of Fort Worth, Texas Page 13 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 the City for the paving, storm drain, street light and sign Improvements, in the form of an invoice, no more frequently than one time per month to obtain reimbursement of the City Participation (each a "Payment Request"). Each Payment Request shall be delivered to the City by email with the subject reading "Reimbursement Request North Beach Street-SH170 to Saratoga Downs Way CPN 103773" and delivered to Mirian.Spencer@fortworthtexas.gov. Each Payment Requested submitted by Developer shall be accompanied with proof that: (1) Developer has paid the contractors for the amount included in the Payment Request; and (2) an affidavit and lien release from the contractors indicating that Developer has paid the contractors in full for the amount included in each Payment Request and the contractors have paid all subcontractors and material suppliers in full. City will withhold 5% from each payment made to Developer as retainage. (c) Reimbursement for Water and Sewer Improvements. The City Participation for the water and sewer Improvements will not be paid to Developer until all the Improvements have been constructed and accepted by the City as evidenced by execution by the City of the document commonly referred to as the green sheet. (d) Any additional funds required by the City beyond the City Participation amounts set forth in this Agreement may require approval and appropriation of funds by the City Council. (e) Substantial completion of the Improvements shall occur after Developer's Contractors notify the City that the Improvements are constructed and ready for their intended use, the City and Developer's Contractor inspect the Improvements, and the City concurs that the Improvements are substantially complete. City shall pay all retainage to Developer within 30 days of the improvements being completed and accepted by the City, including all punch list items. 38. Minority Business Enterprise Compliance It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) and Small Business Enterprises (SBE) in the procurement of goods and services on a contractual basis. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-26712- 2011 (as amended), the City has established a goal of 22% on the City Participation for the Improvements in this Agreement as set forth in Attachment 4, which is attached hereto and incorporated herein by reference. Developer shall comply with the intent of the City's Business Diversity Enterprise Ordinance. Developer shall, upon request by City, provide complete and accurate information regarding actual work performed by an MBE or SBE on this Agreement and payment therefor. Developer will not make additions, deletions, or substitutions of accepted MBE or SBE without written consent of the City. Any unjustified change or deletion shall be a material breach of this Agreement. Developer shall require its contractors to comply with the Diversity Enterprise Ordinance and the 22% goal for the City Participation in the Improvements for this Agreement. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 14 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 39. Cost Summary Sheet Project Name: North Beach Street — SH170 to Saratoga Downs Way CFA No.: CFA22-0024 IPRC No.: IPRC21-0147 City Project No.: 103773 Items Developer's Cost City's Cost - City's Cost - Total Cost Water Department Transportation Impact Fees A. Water and Sewer Construction 1. Water Construction $ 398,640.00 $ 98,280.00 r $ $ 496,920.00 2. Sewer Construction $ 52,960.00 $ 73,150.00 r $ $ 126,110.00 Water and Sewer Construction Total $ 451,600.00 $ $ 623,030.00 B. TPW Construction 1. Street* 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Total Total Construction Cost (excluding the fees) $ - $ $ 2,230,868.25 r$ 2,230,868.25 $ 869,564.00 $ $ 340,035.00 r$ 1,209,599.00 $ - $ $ 249,250.00 r$ 249,250.00 $ 869,564.00 $ $ 2,820,153.25 $ 3,689,717.25 $ 1,321,164.00 $ r 171,430.00 $ 2,820,153.25 $ 4,312,747.25 Estimated Construction Fees: C. Construction Inspection Service Fee $ 28,500.00 $1,250.00 $ r$ 29,750.00 D. Administrative Material Testing Service Fee $ 8,575.00 $735.00 $ r$ 9,310.00 E. Water Testing Lab Fee $ - $300.00 $ r$ 300.00 F. Material Testing NIA $3,428.60 $ r $3,428.60 Total Estimated Construction Fees: $ 37,075.00 r $5,713.60 r$ $ 42,788.60 Design Fees $359,112.00 $0 $0 $359,112.00 TOTAL P ROJ ECT COST $ 1,717,351.00 $ 177,143.60 $ 2,820,153.25 $ 4,714,647.85 Choice Financial ruarantee r)nfinnc rhnnce nne Amount Mark nnal Bond = 100% $ 1,321,164.00 Completion Agreement = 100%/ Holds Plat $ 1,321,164.00 Cash Escrow Water/Sanitary Sewer= 125% $ 564,500.00 Cash Escrow Paving/Storm Drain = 125% 1 $ 1,086,955.00 Letter of Credit = 125% 1 $ 1,651,455.00 X Notes: 1. Developer makes no representation, warranty, or guarantee as to what the actual Project costs will be. Individual line items may vary, and the total Project cost may exceed the numbers above. For the avoidance of doubt, any savings to the items for which Developer is responsible for funding which are identified in the Developer's Cost column above (and more specifically identified in Attachment 5) will be savings benefiting Developer. The City's total City Participation is capped at $2,997,296.85 (subject to increases pursuant to amendments or change orders to this Agreement executed by the Parties to allow use of contingency funds as contemplated in Section 37(a) above). The City Participation is for specific roadway and associated stormwater Improvements that are eligible to be paid with transportation impact fees and to fund the lowering of a 24-inch sanitary sewer main and a 36-inch water main City of Fort Worth, Texas Page 15 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 as more specifically identified in Attachment 5. To the extent there are any increased costs in the Improvements the City is paying for, the City will be responsible for those increased costs, which will be documented pursuant to an amendment or change order to this Agreement. 2. Developer will construct approximately $174,430.00 in TxDOT roadway improvements at Developer's expense which are not a part of this Agreement. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 16 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 Data &44 Ooff Dana Burghdoff (Ma 30, 20231 :31 CDT) Dana Burghdoff Assistant City Manager Date: Mar30,2023 Recommended by: Bichson Nguyen (M6f 3&7202314:43 CDT) Bichson Nguyen Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Richard A. McCracken (Mar 30, 202317:00 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 21-0945 Date: 12/14/21 Form 1295: 2021-817636 4p4vouQ b� C�"000ll FORr�OaA ATTEST: o ��ao 0 P�a� 000 00 *� daa� nEXA?o4O Jannette Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 DEVELOPER Hillwood Alliance Services, LLC L. Russell L- uJ ik In By: L.RussellLaughlin (Mar30,2 314:42CDT) Name: L. Russell Laughlin Title: Executive Vice President Date: Mar30,2023 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 9lL.,#^ Rebecca Diane Owen (Mar 30, 2023 14:44 CDT) Rebecca Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 17 of 22 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 ❑X Attachment 4 — Business Diversity Ordinance Compliance ❑X Attachment 5 — Cost Participation Calculation © 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 18 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 103773 Negotiated changes are incorporated into the body of this Agreement. City of Fort Worth, Texas Page 19 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "4" Business Diversity Ordinance Compliance Foltr_ WORTH REQUEST FOR BUSINESS EQUITY GOAL DEPARTMENT OF DIVERSITY AND INCLUSION -BUSINESS EQUITY DIVISION DVIN-BE Check type of contract: Construction Z CMARL Design/Build ITB CIS/PE] Professional (A&E)❑ Professional (RFQ/RFP)❑ CFA❑✓ Dept./Div. Name: Development Services First Advertise Date: TBD Bid Date : TBD IS THIS CONTRACT ASSOCIATED WITH TRV? Yes❑ No[Z] Date Sent to DVIN-BE: 10/29/2021 Dollar value of'FRV contract portion $ IS THIS A FEDERALLY FUNDED CONTRACT? Yes[-] No[Z] IS THIS A CIP CONTRACT? Yes❑No0 Grant No. Grant Fiscal Year If yes, what year THIS A BOND FUNDED CONTRACT? Yes[] No❑✓ Construction: IS THIS A LUMP SUM CONTRACT? Yes❑ No❑✓ Professional: IS THIS A FIXED FEE NOT -TO -EXCEED CONTRACT? Yes[Z] Non IS THIS A HOURLY NOT -TO -EXCEED CONTRACT? Yes ❑ No❑ IS THIS A COMBINED PROJECT? Yes[Z] No[:] Is this a Job/Task Order Contract? Yes[:] No0 IS THIS A REVISION? Yes❑ No J❑ If yes, enter the revision number IS THIS A CHANGE ORDER? Yes ❑ No ❑ Enter # = Contractor: IS THIS AN AMENDMENT? Yes❑ No❑ Enter # = Design Firm: If this is not the initial change order/amendment, submit copies of all previous change orderlamendments regardless of whether a M&C was required for funding. BID/PROJECT NAME (Description Including Street Names): Coos"d—ofN Beach Street from Alliance Gateway(SH 170) to Saratoga Drive Check applicable boxes: ✓ Concrete Paving El Asphalt Paving ❑� Drainage ❑✓ Water ✓ Sewer ❑other Alternates Capital/Bid Project#� Other Project# CPN 103773 TOTAL CONTRACT ESTIMATE: $3 100 000.00 (Please ATTACH individual sub -totals for contracts with multiple units/sections including contingency. If the documentation is not clear and concise, it will be returned to the department.) Mirian Spencer Buyer/Project Manager (PRINTED) Buyer/Project Manager (SIGNATURE) EXT. 2677 DATE: 10/29/2021 Point of Contact of Other than Buyer/PM: TBD EXT. Check here to acknowledge that if pay item quantities are added to the proposal section after an Business Equity goal has been provided by DVIN - Business Equity Division, revised proposal must be submitted to DVIN - Business Equity Division for review. A compliance review will not be performed if additional pay items or quantities, which will potentially impact the Business Equity goal, are added to the proposal section after the issuance of the goal. THIS PORTION TO BE COMPLETED BY BUSINESS EQUITY DIVISION BUSINESS EQUITY MMBE Goal DBE GoalMBE orSBEGoal (Project under previous GOAL: 22% % BDE Ordinance) o /a Comments: Goal Set 11/08/2021 DVIN-BE Staff: EXT: _ DATE: 11/08/2021 Business Equity Division Effective 01-01-2021 Email: DVIN BEOffice(a_foltworthtexas.gov City of Fort Worth, Texas Page 20 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "5" COST PARTICIPATION CALCULATION ITEM DESCRIPTION [Items highlighted yellow are not in CFW Unit Price Ordinance] UNIT TOTAL UNIT COST TOTAL QTY. CFW Quanti[ CFW Cost Hillwood Quantity Hillwood Cost WATER IMPROVEMENTS (As specified iiii and MOU) 1 3305.0116 Concrete Encasement for Utility Pipes CY 15 $000.00 $12,000.00 15 $12,000.00 0 $0.n0' 2 3312.500036" AWWA Butterfly Valve EA 1 $52,500.00 $52,500.00 0 $0.00 1 $52500.00 3 9999.0000 Import Dirt - From Adjacent Property Owned 6y Developer CY 10785 $8.00 $86,280.00 10785 $06,200.00 0 $0.00' 4 9999.0016 Ring Connedi on to 36" Water Main CPP EA 2 $92,500.00 $185,000.00 0 $0.00 2 $105,000.00 5 3311.0456 12" DIP Water, Select Backfill [Restrained Joints] LF 260 $360.00 $93,600.00 0 $0.00 260 $93,600.00' 6 3312.3005 12" Gate Valve EA 4 $3,800.00 $15,200.00 0 $0.00 4 $15,200.00 7 3311.0001 Ductile Iron Water Fittings v7 Restraint TON 0.25 $20,000.00 $5,000.00 0 $0.00 0 $5,000.00' 8 9999.0022 6"HDPE Water Pipe LF 789 $60.00 $47,340.00 0 $0.00 789 $47,340.00 SUBTOTAL $496,920.00 SEWER IMPROVEMENTS (As specified vi and MOU) $98,200.00 $398,640.00' _ 1 9993.001742" Steel Encasemenet over Ex 24"SEWER LF 77 $950.00 $73,150.00 77 $73,150.00 0 1010� 2 13331.4201 10" Sewer Pipe I LF 106 1 mo.001 $19,030.00 0 $0.00 106 $19O8010 3 133314202 10" Sewer Pipe, CSS Backfill I LF 154 1 $220001 $33,880.00 0 $0001 154 r $33 880.00 SUBTOTAL $126 110.00 STORM DRAIN IMPROVEMENTS [As specified iiii and MOU] $73 150.00 $52 960.00 _ 1 3137.0102 Large Stone RipRap, Dry SY 1,123 $125.00 $140,375.00 424 $53,000.00 699 $87,375.00' 2 3305.0109 Trench Saftey LF 3,492 $2.00 $6,904.00 848 $1,696.00 2644 $5,200.00 3 3341.020121" RCP, Class III LF 1,295 $75.00 $97,125.00 317 $23,775.00 973 $73,350.00' 4 3341.0205 24" RCP, Class III LF 534 $80.00 $42,720.00 340 $27,200.00 194 $15,520.00i 5 3341.030230" RCP, Class III LF 46 $95.00 $4,370.00 46 $4,370.00 0 $0.00' 6 3341.0305 33" RCP, Class III LF 199 $115.00 $22,835.00 158 $18,170.00 41 $4,715.00 7 3341.1102 4x3 Box Culvert LF 834 $250.00 $208,500.00 204 $51,000.00 130 $157,500.00' 8 9999.0009 5x2 Box Culvert LF 73 $285.00 $20,805.00 60 $17,100.00 13 $3,705.00 g 3341.1201 5x3 Box Culvert LF 52 $325001 $lR,qoo ool 38 $12,350001 14 $4,550.00 10 3341.1501 8x4 Box Culvert LF 453 $585.00 $268,515.00 114 $66,690.00 345 $201,825.00 11 3349.00114' Storm Junction Box EA 7 $6,000.00 $42 000.00 2 $12,000.00 5 $30 000.00' 12 3349.00035' Storm Junction Box EA 3 $7,000.00 $21,000.00 1 $7,000.00 2 $14,000.00 13 3349.0003 6' Storm Junction Box EA 2 $9,000.00 $10,000.00 0 $0.00 2 $10,000.00; 14 3349. 600110' Recessed Inlet EA 14 $5,400.00 $75,600.00 3 $16,200.00 11 $59,400.00 15 3349.600320'Recessedlnlet EA 1 $7,400.00 $7,400.00 0 $0.00 1 $7,400.00' 16 3349.7003 6' Drop Inlet EA 1 $10,500.00 $10,500.00 0 $0.00 1 $10,500.00 17 9999.0012 TxDOT PW Headwall EA 2 $42,500.00 $85 000.00 0 $0.00 2 $85 000.00: 18 9999.0013 Gabion Baskets (3Ft wide dy 2' tall) EA 2 $7,500.00 $15,000.00 0 $0.00 2 $15,000.00 19 9999.0014 Gabion Baskets [aft wide dy 2.5' tall] EA 4 $9,500.00 $38,01 1 $9,500.00 3 $28,500.00' 20 9999.0015 Erosion Control Blanket (RollmaxVmax EC250) SY 4,245 $16.00 $67,920.00 1249 $13,984 OOr 2996 $47,936.00 SUBTOTAL f1,209,599.00 PAVING IMPROVEMENTS (As specified in the OPCC for the M&Q $340,035.00 f869,564.000' 1 3110.0101 Site Clearing LS 1 $30,000.00 $30000.00 1 $30,000.00 0 $O.nn' 2 3123.0103 Borrow 6y Plan CY 11,042 $6.00 $66,252.00 11042 $66,252.00 0 $0.00 3 3123.0101 Unclassified Excavation Ey Plan CY 11,042 $4.00 $44,11 11042 $44,168.00 0 $0.00' 4 9999.0000 Import Dirt - From Adjacent Property Owned 6y Developer CY 5,710 $8.00 $45,680.00 5710 $45,680.00 0 $0.00 5 3125.0101 SWEEP 2!1-re LS 1 $30,000.00 $30,000.00 1 $30,000.00 0 $0.00' 6 0241.1000 Remove Fence LF 550 $6.00 $3 300.00 550 $3,300.00 0 so on: 7 ----- 8 9999.0001 Remove Gravel Road -----2 RemoveStorm He -wall ----------------------------------- 9999.0002 Remove Ex 33" Storm Headwall Ex BY 2,322 -------�-------- EA 1 $8.00 --------- $1,500.00 _ _ _ _ _ _ _ $18_576.00 $1,500.00 _ _ _ 2322 -- 1 $18"" 00 ------------- $1,500.00 0 -------- 0 $0.00J ------------ - $O.00 9 9999.0003 Remove Cattle Guard EA 1 $1,000.00 $1,01 1 $1,000.00 0 10.00' 10 0241.3013 Remove 18" Storm Line LF 40 $30.00 $1,200.00 40 $1,200.00 0 $0.00 11 0241.3011 Remove 15" Storm Line LF 30 $25.00 $750.00 30 $750.00 0 $0.00' 12 9999.0004 Remove 8" Storm Line LF 42 $20.00 $840.00 42 $840.00 0 $0.00 13 3213.0105 10" Conc Pvmt SY 15,014 $06.00 $1,291,204.00 15014 $1,291,204. 00 0 $0.00' 14 3211.0502 9" Lime Treatment (Concrete Pavement) SY 15,955 $4.50 $71,347.50 15855 $71,347.50 0 $0.00 15 3211.0400 Hydrated Lime [Concrete Pavement] TON 356 $225.00 $80,100.00 356 $eu,ioo our 0 $0.00' 16 19999.0023 6" All -Weather Gravel Access Road SY 1,200 $26.00 $31,200.00 1200 $31,200.00 0 r $0.00 17 9999.0005 Connect to Existing Header LF 160 $30.00 $5,040.00 163 $5,040.00 0 $0.00' 18 3213.0301 4"Conc Si dewalk SF 37,355 $4.25 $158,758.75 37355 $158,758.75 0 $0.00 19 3291.01 3" Topsoil SY 8,212 $4.50 $36,954.00 8212 $36,954.00 0 $0.00' 20 3292.0100 Block Sod Placement SY 8,212 $8.00 $65,696.00 8212 $65,696.00 0 $0.00 21 3292.0400 Seeding, Hydromulch SY 20,110 $3.00 $60,330.00 20110 $60,330.00 0 $0.00' 22 9999.0006 6" CONDT PVC SCH 40 (T) LF 1,320 $40.00 $52,800001 1320 $52,800.00 0 $0.00 23 9999.0007 4" CONDT PVC SCH 40 (T) LF 1,320 $30.00 t39,600.001 1320 $39,60000 0 $0.00' 24 9999.0000 2" CONDT PVC SCH 40 (T) LF 1,320 $20.00 $26,400.001 1320 $26,400.00 0 $0.00 25 3471.0001 Traffic Control MO 3 $7,500.00 $22,500.00 3 $22,50000 0 $0.00' 26 3217.0003 4" BRK Pvmt Marking HAS (W) LF 956 $3.00 $2,868.00 956 $2,868.00 0 $0.00 City of Fort Worth, Texas Page 21 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 27 3217.0101 6" SLID Pvmt Marking HAS [ W] LF 2,308 $4.00 $9,232.00 2300 $9 232.00 0 $0 017 20 3217.0102 6" SLID Pvmt Marking HAS (Y) LF 113 $4.00 $452.00 113 $452.00 0 $OAC 29 3217.0104 6" DOT Pvmt Marking HAS [ W] LF 52 $4.00 $208.00 52 $208.00 0 $0 0C 30 3217.0201 8" SLID Pvmt Marking HAS I Wl LF 46 $6.00 $276.00 46 $276.00 0 $0AC 31 3217.0401 18" SLID Pvmt Marking HAE [ W] LF 1,080 $20.00 $21,600.00 1080 $21,600.00 0 $0 017 32 3217.0401 18" SLID Pvmt Marking HAE (Y) LF 43 $20.00 $060.00 43 $060.00 0 $0AC 33 3217.2104 REFL Raised Marker TY II-C-R EA 96 $6.00 $576.00 96 $576. 0 $0AC 34 3217.1002 Lane Legend Arrow EA 12 1500.00 $6,000.00 12 $6,000.0000 0 $0AC 35 3217.1004 Lane Legend Only EA 6 $600.001 $3,600.00 6 1 $3,600.00 0 r $0AC SUBTOTAL $2,230,863 25 STREET LIGHT IMPROVEMENTS [As specified vdM&C and MOU] $2,230,36925 $0.00 1 2605.3015 2" CONDT PVC SCH 80 (T LF 2,750 $15.00 $41,250.00 2750 $41,250.00 0 $OAC 2 3341.1405 NO 21nsulated Elec Condr LF 10,930 $5.00 $54,650.00 10930 $54,650.00 0 $0 017 3 3441.1502 Ground Box Type B, w'Apron EA 15 $950.00 $14,250001 15 $14,250.00 0 $0AC 4 3441.1772 FurnisHlnstall 240-480 Volt Single Phase Transocke[ Metered Pedestal EA 1 $10,500.00 $110,51010 001 1 $10,500.00 0 $0AC 5 6 3441.3302 Rdwy Illum Foundation TY 3,5,6 and 9 19999.0019 FurnisHlnstall LED Lighting Fixture (133 Watt ATB2 Cobra Head) -Powder Coat Black EA 14 EA 22 $1,400.00 $900.00 $19,600.00 $19,800.00 14 22 $19,600.00 $19,800A0 0 0 $0AC $0.06 7 9SS9.0020 FurnisHlnstall I'llIIIum TY D-40-9 Pole - POWDER COAT BLACK EA 6 $5,800.00 $34,800.00 6 $34,800.00 0 $0.00 g 19999.01021 FurnisHlnsiall Rdway IIIum TY D-40-9T Pole - POWDER COAT BLACK I EA 8 1 $C,900.001 $54,400.00 8 1 $54,400.00 0 r $0.00' SUBTOTAL f249,250.00 $249,250.00 f0.00 CFW Cost Hillwood Cosl WATER IMPROVEMENTS $496,920.00 $98,290.00 $398,640.00: SIE WER IMPROVEMENTS $126 110.00 $73 150.00 $52 960.00 PAVING IMPROVEMENTS $2,230,060.25 $2,230,06025 STORM DRAIN IMPROVEMENTS $1,209,599.00 $340,035.00 $869,564.00 STREET LIGHT IMPROVEMENTS $249,250.00 $249,250.00 f0.00' TOTAL HARD COST $4,312,747.25 _ _ $2_991_503.25 .............. $1,321_16400' TOTAL ROADWAY SOFT COSTS [FEES] Design Administrative Material Testing Material Testing Cost' Water Testing Lab Fee Construction Inspecting Services Fees "Hillwood will pay to the lab all costs of Material Testing. City will reimburse Hillwood for City's portion of those costs for water and sewer infrastructure identied herein. COST [ xcludes Water & Sewer] $3,689,717. 25 $2,820,153.25 Total Cost City Cost $359,112.00 $0.00 $9,310.00 $735.00 $0.00 $3,420.60 $300.00 $300.00 $29,750.00 $1,250.00 SUBTOTAL $398 472.00 $5 713.60 $869,564.00' Hillwood Cost $359,112�00' $8,575.00 $0.00' $O.00 $23,500.00: $396,187.00 City of Fort Worth, Texas Page 22 of 22 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ------------------------------------------------------- - - - - - - - - 114 TEAS - - - - - - - - - - - - - - - - - ------------------------ - - - - - - 377 114 TEXAS Z m SITEZ m Z KELLER- Z o HASLET 10 m w Q ROAD WESTPORTco � Q PARKWAY o > 0 377 w � > Q WE w o TIMBERLAND Z F BLVD ¢w wW mF zU) U Q Q U IPRC RECORD NO. IPRC21-0147 U CITY PROJECT NO. 103773 83 0 ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - --- p� OWNER / DEVELOPER: N PELOTON p HILLWOOD ALLIANCE s NORTH N BEACH STREET SERVICES. LLC LAND SOLUTIONS m 9800 HILLWOOD PARKWAY NOT TO SCALE 9800 HILLWOOD PARKWAY SUITE 50 DATE: AUGUST 2022 S H 170 TO SUITE 300 , T FORT WORTH, TX 76177 FORTH WORTH, TEXAS 74177 PHONE:817-562-3350 = SARATOGA DOWNS WAY PHONE:817-224-6000 (SHEET 10F6) o FAX: 817-244-6060 DATE: AUGUST,2022 •------------------------------------------------------------------------------------- y -------------------------------------- SN.1� LEGEND SN / EX 36" WL FILE NO. X-9416 FORMERLY KNOLN WN AS HILLWOOD/FREEWAY, LTD. TRACT 3 o EX 30" WL / FILE NO. CRP 90(313)S / PROPOSED 12" PROPOSED WATER LINE I' PROPOSED GATE VALVE — -H — - EXIST GATE VALVE -- EXIST FIRE HYDRANT FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD. TRACT 2 PROPOSED 12" WL .� F� — — — - EXIST WATER LINE NOTE: ALL PROPOSED WATER LINES ARE 12" UNLESS OTHERWISE NOTED EXHIBIT A - WATER V NORTH 400' N BEACH STREET SH 170 TO GRAPHIC SCALE SARATOGA DOWNS WAY m SPA GP o�.C�` EX 8' WL FILE NO. X-20225 EX 36" WL 2 �C-p FILE NO. X-9416 o�S 1 SARATOGA PHASE 1 \ CAB A, SLIDE 9524 & 9525 OWNER / DEVELOPER: HILLWOOD ALLIANCE SERVICES. LLC 9800 HILLWOOD PARKWAY SUITE 300 FORTH WORTH, TEXAS 74177 PHONE: 817-224-6000 FAX: 817-244-6060 li!1I PELOTON IIIII LAND SOLUTIONS 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, TX 76177 PHONE: 817-562-3350 (SHEET 2 OF 6) DATE: AUGUST,2022 •------------------------ ------------------------------- i i 1 \ \ PROPOSED 10" DRY LINE FOR FUTURE CONNECTION HILLWOOD/FREEWAY, LTD. TRACT 2 PROPOSED 10" DRY LINE r FOR FUTURE CONNECTION o/ FORMERLY KNOWN AS \ HILLWOOD/FREEWAY LTD. U N EX 24 SS �_ FILE NO. mw X-15369 ' � s ------------ �Q I . ......................... EX 24" SS FILE X-1536969 \\ LEGEND `\ 20 ` PROPOSED SEWER LINES PRESSURIZED SANITARY SEWER_ —-- EXIST SEWER LINES y NOTE: ALL PROPOSED SANITARY SEWER \ LINES ARE 8" UNLESS OTHERWISE NOTED SARATOGA PHASE 1 EXHIBIT Al-- WASTEWATER CAB A, SLIDE 9524&9525 \ V 0 NORTH 400' GRAPHIC SCALE N BEACH STREET SH 170 TO SARATOGA DOWNS WAY OWNER / DEVELOPER: HILLWOOD ALLIANCE SERVICES. LLC 9800 HILLWOOD PARKWAY SUITE 300 FORTH WORTH, TEXAS 74177 PHONE: 817-224-6000 FAX: 817-244-6060 SoeFo,SN li!1I PELOTON IIIII LAND SOLUTIONS 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, TX 76177 PHONE: 817-562-3350 (SHEET 3 OF 6) DATE: AUGUST,2022 -------------------- ------------------------------- J TxDOT DECELERATION LANE SY01� FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD. TRACT 3 C' ............. ....................................... -44 SIDEW 130' ROW LEGEND Z 0 A n I FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD. TRACT2 J • � �`'�� Off\ oG�c - O aPePo, 1 c��c°rye$ lco l� 1 �O �y SARATOGA PHASE 1 CAB A, SLIDE 9524 & 9525 EXHIBIT B - PAVING----------------------------------------------------------- 85' B-B / 130' ROW (TYP) SIDEWALK 0 NORTH 400' GRAPHIC SCALE N BEACH STREET SH 170 TO SARATOGA DOWNS WAY OWNER / DEVELOPER: HILLWOOD ALLIANCE SERVICES. LLC 9800 HILLWOOD PARKWAY SUITE 300 FORTH WORTH, TEXAS 74177 PHONE: 817-224-6000 FAX: 817-244-6060 11111 PELOTON II LAND SOLUTIONS 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, TX 76177 PHONE: 817-562-3350 (SHEET 6 OF 6) DATE: AUGUST,2022 SY01 0 0 0 i i 56" RCP TXDOT PLANS FILE # CRP 90(128)S c, 5'x3' RCB 21" RCP o 5'x2' RCB 21" RCP 21" RCP �p 21" RCP 70-Z Z / aA< 21" RCP 21" RCP (3) 8'X4' RCB 21" RCP 21" RCP FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD. TRACT3 4'X3' RRCB 30" RCP lJ 21" RCP 24" RCP 21" RCP 21" RCP 24 RCP 1"RCP 21" RCP 21" RCP ------.-... 30" RCP LEGEND O E NO 57927 PROPOSED STORM DRAIN INLET — — — - EXISTING STORM DRAIN INLET — — -0— — - EXISTING JUNCTION BOX Q FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD. TRACT2 21" RCP 4'X3' RCB —21" RCP `4'X3' RCB / \-21 " RGK'_ 20 (P IN, PROPOSED STORM DRAIN MANHOLE \� ��ny PROPOSED STORM DRAIN HEADWALL SARATOGA PHASE 1 EXHIBIT B1- STORM DRAINAGE CAB A, SLIDE 952489525 p� OWNER / DEVELOPER: D HILLWOOD ALLIANCE NORTH 400' N BEACH STREET SERVICES. LLC 9800 HILLWOOD PARKWAY SUITE300 SH 170 TO FORTH WORTH, TEXAS 74177 GRAPHIC SCALE SARATOGA DOWNS WAY PHONE: 817-224-60 FAX: 817-244-6060 0 �oG -' sP�P�% 11111 P E LOTO N 11 LAND SOLUTIONS 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, TX 76177 PHONE: 817-562-3350 (SHEET 4 OF 6) DATE: AUGUST,2022 -------------------- ------------------------------- J 0 S\A / FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD. TRACT3 ............. --------------------------------------- LEGEND FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD. TRACT 2 /' V1 V 0a pQ- • PROPOSED STREET LIGHTS Z O EXIST STREET LIGHTS ti SARATOGA PHASE 1 EXHIBIT C - STREET LIGHTS CAB A, SLIDE 9524&9525 V 0 NORTH 400' GRAPHIC SCALE N BEACH STREET SH 170 TO SARATOGA DOWNS WAY OWNER / DEVELOPER: HILLWOOD ALLIANCE SERVICES. LLC 9800 HILLWOOD PARKWAY SUITE 300 FORTH WORTH, TEXAS 74177 PHONE: 817-224-6000 FAX: 817-244-6060 11!1I P E LOTO N II LAND SOLUTIONS 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, TX 76177 PHONE: 817-562-3350 (SHEET 5 OF 6) DATE: AUGUST,2022 00 42 43 DAP-BIDPROPOSAL Page 1 of3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID North Beach Street STT170 to Saratoea Down Wav Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Qnautity Unit Price Bid Value CITY OF FORT WORTH - PAVING IMPROVEMENTS 1 3110.0101 Site Clearing 311000 LS 1 $ 30,000.00 $30,000.00 2 3123.0103 Borrow by Plan 31 23 16 CY 11,042 $ 6.00 $66,252.00 3 3123.0101 Unclassified Excavation by Plan 312316 CY 11,042 $ 4.00 $44,168.00 4 9999.0000 Import Dirt - From Adjacent Property Owned by Developer 00 00 00 CY 5,710 $ 8.00 $45,680.00 5 3125.0101SWPPP>_lacre 312500 LS 1 $ 30,000.00 $30,000.00 6 0241.1000 Remove Fence 02 41 13 LF 550 $ 6.00 $3,300.00 7 9999.0001 Remove Gravel Road 00 00 00 SY 2,322 $ 8.00 $18,576.00 8 9999.0002 Remove Ex 33" Storm Headwall 00 00 00 EA 1 $ 1,500.00 $1,500.00 9 9999.0003 Remove Cattle Guard 00 00 00 EA 1 $ 1,000.00 $1,000.00 10 0241.3013 Remove 18" Storm Line 024114 LF 40 $ 30.00 $1,200.00 11 0241.3011 Remove 15" Storm Line 024114 LF 30 $ 25.00 $750.00 12 9999.0004 Remove 8" Storm Line 00 00 00 LF 42 $ 20.00 $840.00 13 3213.0105 10" Conc Pvmt 32 13 13 SY 15014 $ 86.00 $1,291,204.00 14 3211.0502 8" Lime Treatment (Concrete Pavement) 32 11 29 SY 15855 $ 4.50 $71,347.50 15 3211.0400 Hydrated Lime (Concrete Pavement) 32 11 29 TN 356 $ 225.00 $80,100.00 16 9999.0023 6" All -Weather Gravel Access Road 00 00 00 SY 1200 $ 26.00 $31,200.00 17 9999.0005 Connect to Existing Header 000000 LF 168 $ 30.00 $5,040.00 18 3213.0301 4" Conc Sidewalk 32 13 20 SF 37,355 $ 4.25 $158,758.75 19 3291.01 6" Topsoil 32 91 19 SY 8,212 $ 4.50 $36,954.00 20 13292.0100 Block Sod Placement 32 92 13 SY 8,212 $ 8.00 $65,696.00 21 3292.0400 Seeding, Hydromulch 329213 SY 20,110 $ 3.00 $60,330.00 22 9999.0006 6" CON DT PVC SCH 40 IT) 00 00 00 LF 1,320 $ 40.00 $52,800.00 23 9999.0007 4" CON DT PVC SCH 40 (T) 00 00 00 LF 1,320 $ 30.00 $39,600.00 24 9999.0008 2" CON DT PVC SCH 40 (T) 00 00 00 LF 1320 $ 20.00 $26,400.00 25 3471.0001 Traffic Control 347113 MO 3 $ 7,500.00 $22,500.00 26 3217.0003 4" BRK Pvmt Marking HAS (W) 32 17 23 LF 956 $ 3.00 $2,868.00 27 3217.0101 6" SLD Pvmt Marking HAS (W) 32 17 23 LF 2308 $ 4.00 $9,232.00 28 13217.0102 6" SLD Pvmt Marking HAS (Y) 32 17 23 LF 113 $ 4.00 $452.00 29 3217.0104 6" DOT Pvmt Marking HAS (W) 32 17 23 LF 52 $ 4.00 $208.00 30 3217.0201 8" SLD Pvmt Marking HAS (W) 32 17 23 LF 46 $ 6.00 $276.00 31 3217.0401 18" SLD Pvmt Marking HAE (W) 32 17 23 LF 1080 $ 20.00 $21,600.00 32 3217.0401 18" SLD Pvmt Marking HAE (Y) 32 17 23 LF 43 $ 20.00 $860.00 33 3217.2104 REFL Raised Marker TY II-C-R 321723 EA 96 $ 6.00 $576.00 34 3217.1002 Lane Legend Arrow 32 17 23 EA 12 $ 500.00 $6,000.00 350 3217.1004 Lane Legend Only 32 17 23 EA 6 $ 600.00 $3,600.0 0CITY OF FORT WORTH - PAVING IMPROVEMENTS $2,230,868.25 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 N B-1, Street - SH170 to Saratoga Downs Way Bid Propasal_SIGNED..Is 00 42 43 DAP-BIDPROPOSAL Page 2 of 3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID North Beach Street SH170 to Saratoea Down Wav Bidder's Application Project Item Information Bidder's Proposal Bid Item Specification Section Unit of Bid Nt No. Description No. Measure Qaautity Unit Price Bid Value CITY OF FORT WORTH - STORM DRAIN IMPROVEMENTS 1 3137.0102 Large Stone RipRap, Dry 313700 Sy 1,123 $ 125.00 $140,375.00 2 3305.0109 Trench Saftey 33 05 10 LF 3,492 $ 2.00 $6,984.00 3 3341.020121" RCP, Class III 334110 LF 1,295 $ 75.00 $97,125.00 4 3341.0205 24" RCP, Class III 33 41 10 LF 534 $ 80.00 $42,720.00 5 3341.030230" RCP Class III 34 41 10 LF 46 $ 95.00 $4,370.00 6 3341.0305 33" RCP, Class III 34 41 10 LF 199 $ 115.00 $22,885.00 7 3341.1102 4x3 Box Culvert 33 41 10 LF 834 $ 250.00 $208,500.00 8 9999.0009 5x2 Box Culvert 34 41 10 LF 73 $ 285.00 $20,805.00 9 3341.1201 5x3 Box Culvert 354110 LF 52 $ 325.00 $16,900.00 10 3341.1501 8x4 Box Culvert 33 41 10 LF 459 $ 585.00 $268,515.00 11 3349.0011 4'Storm Junction Box 33 49 10 EA 7 $ 6,000.00 $42,000.00 12 3349.0003 5' Storm Junction Box 33 49 10 EA 3 $ 7,000.00 $21,000.00 13 3349.0003 6' Storm Junction Box 34 49 10 EA 2 $ 9,000.00 $18,000.00 14 3349.6001 10' Recessed Inlet 33 49 20 EA 14 $ 5,400.00 $75,600.00 15 3349.6003 20' Recessed Inlet 33 49 20 EA 1 $ 7,400.00 $7,400.00 16 3349.7003 6' Drop Inlet 33 49 20 EA 1 $ 10,500.00 $10,500.00 17 9999.0012 TxDOT PW Headwall 000000 EA 2 $ 42,500.00 $85,000.00 18 9999.0013 Gabion Baskets (aft wide by 2'tall) 000000 EA 2 $ 7,500.00 $15,000.00 19 9999.0014 Gabion Baskets (3ft wide by 2.5' tall) 00 00 00 EA 4 $ 9,500.00 $38,000.00 20 9999.0015 Erosion Control Blanket (RollmaxVmax SC250) 00 00 00 Sy 4245 $ 16.00 $67,920.00 CITY OF FORT WORTH -STORM DRAIN IMPROVEMENTS $1,209,599.00 CITY OF FORT WORTH - STREET LIGHT IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80 (T) 26 05 33 LF 2,750 $ 15.00 $41,250.00 2 3341.1405 NO 2 Insulated Elec Condr 34 41 10 LF 10,930 $ 5.00 $54,650.00 3 3441.1502 Ground Box Type B, w/Apron 35 41 10 EA 15 $ 950.00 $14,250.00 4 3441.1772 Furnish/Install 240-480 Volt Single Phase Transocket Metered Pedestal 36 41 20 EA 1 $ 10,500.00 $10,500.00 5 3441.3302 Rdwy Ilium Foundation TY 3,5,6 and 8 34 41 20 EA 14 $ 1,400.00 $19,600.00 6 9999.0019 Furnish/Install LED Lighting Fixture (133 Watt ATB2 Cobra Head) -Powder Coat Black 00 00 00 EA 22 $ 900.00 $19,800.00 7 9999.0020 Furnish/Install Rdway Ilium TY D-40-9 Pole - POWDER COAT BLACK 00 00 00 EA 6 $ 5,800.00 $34,800.00 8 19999.0021 Furnish/Install Rdway Ilium TY D-40-9T Pole - POWDER COAT BLACK 00 00 00 EA 8 $ 6,800.00 $54,400.00 CITY OF FORT WORTH - STREET LIGHT IMPROVEMENTS $249,250.00 CITY OF FORT WORTH - WATER IMPROVEMENTS 1 3305.0116 Concrete Encasement for Utility Pipes 3305 10 CY 15 $ 800.00 $12,000.00 2 3312.5000 36" AWWA Butterfly Valve 33 12 21 EA 1 $ 52,500.00 $52,500.00 3 9999.0000 Import Dirt - From Adjacent Property Owned by Developer 00 00 00 Cy 10,785 $ 8.00 $86,280.00 CITY OF FORT WORTH - WATER IMPROVEMENTS $150,780.00 CITY OF FORT WORTH SANITARY SEWER IMPROVEMENTS 1 19999.001742" Steel Encasemenet over Ex 24"SEWER 1 000000 1 LF 1 77 $ 950.00 1 $73,150.00 CITY OF FORT WORTH - SANITARY SEWER IMPROVEMENTS 1 $73,150.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 N B-1, Street - SH170 to Saratoga Downs Way Bid Proposal_SIONED..Is 00 42 43 DAP - BID PROPOSAL Page 3 of 3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID North Beach Street SH170 to Saratoga Down Way Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value HILLWOOD - TXDOT IMPROVEMENTS 1 3213.0105 10" Conc Pvmt 32 13 13 SY 680 $ 142.00 $96,560.00 2 3212.0501 4" Asphalt Base Type B 32 12 16 SY 680 $ 30.00 $20,400.00 3 3211.0503 10" Lime Treatment 321129 SY 680 $ 20.00 $13,600.00 4 3213.0301 4" Cone Sidewalk 321320 SF 1,605 $ 6.00 $9,630.00 5 3213.0506 Barrier Free Ramp, Type P-1 321320 EA 2 $ 2,000.00 $4,000.00 6 3217.4301 Remove 4" Pvmt Marking 321723 LF 360 $ 4.00 $1,440.00 7 10241.1300 Remove Cone Curb&Gutter 024115 LF 500 $ 30.00 $15,000.00 8 9999.0018 Remove Chevron gore pavmt marking 00 00 00 LF 360 $ 4.00 $1,440.00 9 3217.1002 Lane Legend Arrow 321723 EA 7 $ 600.00 $4,200.00 10 3217.1004 Lane Legend Only 321723 EA 5 $ 700.00 $3,500.00 11 3217.0201 8" SLD Pvmt Marking HAS (W) 321723 LF 560 $ 8.00 $4,480.00 12 3217.0003 4" BRK Pvmt Marking HAS (W) 321723 LF 25 $ 6.00 $150.00 13 3217.2104 REFL Raised Marker TY II-C-R 321723 EA 3 $ 10.00 $30.00 HILLWOOD - TXDOT IMPROVEMENTS $174,430.00 HILLWOOD -WATER IMPROVEMENTS 1 9999.0016 Ring Connection to 36" Water Main CPP 00 00 00 EA 2 $ 92,500.00 $185,000.00 2 3311.0456 12" DIP Water, Select Backfill (Restrained Joints) 331110 LF 260 $ 360.00 $93,600.00 3 3312.3005 12" Gate Valve 33 12 20 EA 4 $ 3,800.00 $15,200.00 4 3311.0001 Ductile Iron Water Fittings w/ Restraint 331111 TON 0.25 $ 20,000.00 $5,000.00 5 9999.0022 6" HDPE Water Pipe 000000 LF 789 $ 60.00 $47,340.00 HILLWOOD - WATER IMPROVEMENTS $346,140.00 HILLWOOD SANITARY SEWER IMPROVEMENTS 1 3331.4201 10" Sewer Pipe 33 1110, 33 3112, 33 3120 LF 106 $ 180.00 $19,080.00 2 3331.4202 10" Sewer Pipe, CSS Backfill 33 11 10, 33 3112, 33 3120 LF 114 $ 220.00 $33,880.00 HILLWOOD - SANITARY SEWER IMPROVEMENTS $52,960.00 Bid Summary CITY OF FORT WORTH IMPROVEMENTS PAVING IMPROVEMENTS $2,230,868.25 STORM DRAIN IMPROVEMENTS $1,209,599.00 STREETLIGHT IMPROVEMENTS $249,250.00 WATER IMPROVEMENTS $150,780.00 SANITARY SEWER IMPROVEMENTS $73,150.00 HH,LWOOD IMPROVEMENTS TXDOT IMPROVEMENTS IMPROVEMENTS $174,430.00 WATER IMPROVEMENTS $346,140.00 SANITARY SEWER IMPROVEMENTS $52,960.00 Total Construction Bid $4,487,177.25 *Total Water participation is $98,280.00 This Bid is submitted by the entity named below: BIDDER: BY: Brock Huggins Conatser Construction TX, L.P. 5327 Wichita St. µQ-a i^:![dPls4" Ft. Worth, TX 76119 TITLE: President 6d� DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within 95 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 N Beach Street - SH170 to Saratoga Downs Way Bid Proposa1_SIGNED..6 City of Fort Worth, Mayor and Texas Council Communication DATE: 12/14/21 M&C FILE NUMBER: M&C 21-0945 LOG NAME: 06N. BEACH ST (SH170 TO SARATOGA) SUBJECT (CD 7) Authorize Execution of a Community Facilities Agreement with Hillwood Alliance Services, LLC, with City Participation in an Amount Up to $3,100,000.00 for the Construction of Roadway Improvements and Water and Sewer Transmission Line Lowering for North Beach Street from Alliance Gateway State Highway (SH 170) to Saratoga Drive, Adopt Attached Appropriation Ordinances, and Amend the Fiscal Years 2022- 2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a community facilities agreement with Hillwood Alliance Services, LLC, with City participation in an amount up to $3,100,000.00 for construction of roadway improvements and water and sewer line lowering for North Beach Street between Alliance Gateway (SH 170) and Saratoga Drive; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Transportation Impact Fee Capital Fund, in the amount of $1,445,275.00, from available funds within the Revenue - Service Area A Transportation Impact Fees project (City Project No. UN9911) and $1,445,275.00, from available funds within the Revenue - Service Area D Transportation Impact Fees project (City Project No. UN9914) for the purpose of funding a portion ofthe Community Facilities Agreement North Beach Street (SH 170 to Saratoga) (City Project No. 103773); 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water/Sewer Bond 2016 Fund, in the amount of $209,450.00 by increasing appropriations in the Community Facilities Agreement -North Beach Street (SH 170 to Saratoga) (City Project No. 103773) and decreasing appropriations in the Unspecified project (City Project No. UNSPEC) by the same amount; and 4. Amend the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: Hillwood Alliance Services, LLC (Developer) is partnering with the City of Fort Worth to construct four lanes of North Beach Street from Alliance Gateway (SH 170 to Saratoga Drive) (City Project Number 103773). These lanes are being constructed to allow traffic to cross Alliance Gateway (SH 170) as the existing Alta Vista Drive crossing is being reconfigured as a part of the Texas Department of Transportation (TxDOT) widening project. The costs stated herein are estimated and the project will follow the public bid process. The project includes an 20% MWBE requirement for the project. The cost of the design and construction of the road improvements is estimated to be $4,017,350.00 with City participation as shown in the table below. Components Hillwood Alliance Services, LLC City Participation Estimated Cost Construction Costs Paving $300,000.00 $2,187,600.00$2,487,600.00 Storm Drain $0.00 $267,000.00 $267,000.00 Sanitary Sewer $36,000.00 $101,500.00 $137,500.00 Water $66,000.00 $76,000.00 $142,000.00 Construction Cost Estimate $402,000.00 $2,632,100.00$3,034,100.00 10% Contingency $40,200.00 $263,210.00 $303,410.00 Construction Subtotal $442,200.00 $2,895,310.00$3,337,510.00 Soft Costs Material Testing & Inspection $19,019.00 $102,345.00 $121,364.00 Engineering & Design $359,112.00 $0.00 $359,112.00 Permitting $19,019.00 $102,345.00 $121,364.00 Platting $78,000.00 $0.00 $78,000.00 Soft Cost Subtotal $475,150.00 $204,690.00 $679,840.00 Project Total Cost $917,350.00 $3,100,000.00 $4,017,350.00 This project is located on the boundary between Transportation Impact Fee Service Areas A and D and was identified as impact fee eligible in the 2017 Transportation Impact Fee Study. The transportation impact fee funding provides a portion of the City participation in the developer project. Revenues from Service Area A (City Project No. UN9911) and Service Area D (City Project No. UN9914) of the Transportation Impact Fee Capital Fund will fund the City's participation in the construction of these improvements. Any residual funds left after project completion and acceptance will be returned to the Service Area A and D revenues. Any expenses exceeding the City's participation amount, items that are ineligible for transportation impact fee or water department funding will be funded by Hillwood Alliance Services, LLC. Transportation Impact Fee funding for this project was not included in the Fiscal Years (FY) 2022-2026 Capital Improvement Program. City funds were added to provide regional connectivity to the area. The action of this Mayor and Council Communication (M&C) will amend the FY2022-2026 Capital Improvement Program as approved in connection with Ordinance No. 25073-09-2021. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds within the Water/Sewer Bond 2016 Fund and the Revenue - SA A and D Transp Imp Fees projects within the Transportation Impact Fee Cap Fund; and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Water/Sewer Bond 2016 Fund and the Transportation Impact Fee Cap Fund for the CFA-N Beach St (SH170 to Sarat) project to support the approval of the above recommendations and execution of the community facilities agreement. Prior to an expenditure being incurred, the Development Services, Water Department, and the Transportation and Public Works Departments have the responsibility of verifying the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Mirian Spencer 2677