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Home My WebLink AboutContract 47070 Developer and Project Information Cover Sheet: Developer Company Name: Hillwood Alliance Services, LLC Address, State,Zip Code: 13600 Heritage Pkwy Suite 200 Fort Worth TX 76177 Phone&Email: 817-224-6000,iussell.laughlin @hillwood.co Authorized Signatory, Title: L. Russell Laughlin, Senior Vice President,Properties Division Project Name and Brief Alliance Center North Ph2B Description: Project Location: North ofN Beach`St&Eagle Parkway Intersection. Plat Case Number: FP-15-049 Plat Name: North Beach Street Mapsco: Council District: 7 City Project Number: 02642 CFA Number: 2015-055 DOE Number: 7510 To be completed by staff.• Received by: A1115 a City of Fort Worth,Texas Community Facilities Tri-Party Agreement r CFA Official Release Date: 05.01.2015 � �4rt� °� �'� y Pagel of9 " `s31,TY'3 CF/i ARV r k 1 fad. P7 r ('N 1, I .,J COUrRAcr NO, COMMUNITY FACILITIES TRI-PARTY AGREEMENT Legal Description or Address: North Beach Block"1 Lot 1 Project Name: Alliance Center North Phase 2B WHEREAS, this Agreement is by and between the City of Fort Worth, a Texas municipal corporation ("City"), Hillwood Alliance Services LLC authorized to do business in Texas ("Developer"), and Conatser Construction TX, L.P., authorized to do business in Texas, ("Contractor"). The parties named herein may collectively be referred to as a "Party" or the "Parties"; and WHEREAS, the Developer is the owner and/or developer of that certain property located within the City of Fort Worth's city limits at North Beach Black I Lot l (provide general description, street address, legal description) as shown on Attachment "A" incorporated herein; and WHEREAS, Developer desires to make improvements to the property consisting generally of Water, Paving, Drain Street Lights (general description) as shown on Attachment "B" ("Site Plan"), incorporated herein; and WHEREAS, pursuant to City of Fort Worth planning policies, Developer is to install certain community facilities consisting of Water, I Paving, Drain, Street Li,..ghts (general description) and valued at no more than $200,000.00 (including construction costs) ("Improvements"), as shown on Attachment "C" ("Engineers Estimate of Costs"), incorporated herein; and WHEREAS, Developer has engaged Contractor under a private contract ("Developer Contract") to perform the work described herein and as depicted on the attachments hereto; and WHEREAS, Developer is not seeking City's financial participation, nor is City requesting Developer to oversize the Improvements and City is not providing any funding toward the Improvements. NOW, THEREFORE, City, Developer and Contractor hereby agree as follows: AGREEMENT I. Contractor hereby agrees to furnish all labor, materials, tools and the necessary equipment for the construction and installation of the Improvements as indicated in Attachment C. City of Fort Worth, Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 2 of 9 II. The construction and installation of the Improvements shall be performed according to the City's current Standard Specifications for Public Improvements including the Standard City Conditions of the Construction Contract for Developer Awarded Projects, as each may be amended from time to time, and any applicable Special Provisions as may be required for the Project. Where any discrepancies occur between the Special Provisions and the Standard Specifications, the Special Provisions shall govern. Such construction and installation and the location thereof shall be approved by the City's Director of the Transportation and Public Works Department, or his or her designee,prior to beginning work. III. A. It is agreed by and between the parties that the City has an interest in the proper performance of the installation of the Improvements. Developer and Contractor hereby grant to the City a non-exclusive right to enforce the Developer Contract for the installation of the Improvements, along with an assignment of all warranties given by 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. B. The Policy for the Installation of Community Facilities dated March 2001, approved by the City Council of the City of Fort Worth and as subsequently amended (the "Policy"), is hereby incorporated by reference as part of this Agreement for all purposes. Unless otherwise specifically stated herein, Developer agrees to comply with all provisions of the Policy applicable to a "Developer" in the performance of its duties and obligations hereunder and Contractor agrees to comply with all provisions of the Policy applicable to a Developer's contractor as described by the Policy. C. Developer shall not be required to provide a developer's financial security. D. Contractor agrees to cause the construction of the Improvements 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 Improvements and the exhibits attached hereto. E. Developer shall pay to the City, in cash, fees for the construction inspection (4%) and material testing (2%) based on the construction cost of the Improvements. F. Prior to acceptance of the Improvements by the City, Developer and Contractor must provide in writing a statement that Contractor has been paid in full by Developer for all services related to the Improvements. Additionally, Contractor will submit an Affidavit of Bills Paid and Consent of Surety signed by the general contractor's surety (if any) to ensure that all subcontractors and suppliers for the Improvements have been paid in full. City of Fort Worth,Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 3 of 9 G. Developer shall award and oversee all contracts for the construction of the Improvements. H. Except as otherwise stated in this Agreement, Section II, Paragraph 8, Administration of the Construction Contract, Subsections.B., C. 1, C. 3, C. 4, C. 6, F. and G. of the Policy do not apply. I. Contractor must be prequalified to perform work by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to also meet City's requirements for being insured, licensed and bonded to do work in public streets. J. Contractor shall give 48 hours' notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; Contractor shall allow the construction to be subject to inspection at any and all times by City inspection forces, and shall not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and Contractor shall make such laboratory tests of materials being used as may be required by the City. K. Developer and Contractor shall have fully executed contract documents submitted to the City prior to scheduling 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 Contractor. L. Developer agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by this Agreement. M. The City shall not be responsible for any costs for the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. The following checked items are associated with the project being undertaken; checked items must be included as Attachments to this Agreement: Included Attachment �s Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate 0 Exhibit B: Paving Improvements Paving Estimate �I Exhibit 13-1: Storm Drain Improvements Storm Drain Estimate ® Exhibit C: Street Lights and Signs Improvements ®I Street Lights and Signs Estimate City of Fort Worth,Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 4 of 9 IV. A. It is agreed by and between the parties that a Maintenance Bond, in the form as provided by City, in the amount of One Hundred Percent (100%) of the Improvements shall be furnished by Contractor in favor of City for a period of two (2) years from the date of acceptance of the Improvements. B. In the event the amount of this contract is in excess of the sum of Twenty-Five Thousand Dollars ($25,000.00), a Performance Bond, in the form as provided by City, in the amount of One Hundred Percent(100%) of the Improvements shall be furnished by Contractor in favor of Developer and City. C. In the event the amount of this contract is in excess of the sum of Twenty-Five Thousand Dollars ($25,000.00), a Payment Bond, in the form as provided by City, in the amount of One Hundred Percent (100%) of the work shall be furnished by Contractor in favor of City and Developer and is intended for the benefit of all persons, firms and corporations who may furnish materials for or perform labor under this Agreement and the Developer Contract. V. Developer hereby agrees to pay Contractor for the work performed hereunder pursuant to the Developer Contract. VI. A copy of the Standard Specifications for Public Works Construction can be obtained by the Contractor the City of Fort Worth's Buzzsaw site at http://bit.l./XWgOyi VII. This contract shall bind the parties, their heirs, successors, assigns and representatives for the full and faithful performance of the terms hereof,jointly and severally. VIII. It is understood and agreed that all installations of Improvements made under the terms of this Agreement shall, upon acceptance of same by the City, immediately become the property of the City, as provided for by separate instrument, or this Agreement. IX. A. 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 City of Fort Worth, Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 5 of 9 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. B. Contractor covenants and agrees to, and by these presents does hereby, fully 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, Contractor indemnifies, and holds 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. X. Contractor shall, at its own expense,purchase, maintain and keep in force during the term of this Agreement such insurance as set forth below. Contractor shall not commence work under this contract until it has obtained all the insurance required under the Agreement and such insurance has been reviewed by the City; nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this contract shall be written on an "occurrence" basis. City of Fort Worth,Texas Community Facilities Tri-Party Agreement CFA Official Release Date:05.01.2015 Page 6 of 9 WORKERS' COMPENSATION INSURANCE Workers' Compensation Statutory Limit Employers Liability $100,000 Each Accident. $500,000 Disease Policy Limit LIABILITY INSURANCE Commercial General Liability $1,000,000 Per Occurrence $2,000,000 Aggregate (No standard coverages are to be excluded by endorsement) AUTOMOBILE LIABILITY INSURANCE Commercial Auto Liability Policy $500,000 Combined Single Limit (Including coverage for owned, hired, and non-owned autos) UMBRELLA LIABILITY $1,000,000 Each Occurrence (Following Form and Drop Down provisions included) It is agreed by all parties to this contract that the insurance required under this contract shall: (A) Be written with the CITY OF FORT WORTH as an additional insured on General,Automobile and Umbrella Liability Insurance policies. (B) Provide for thirty (30) days written notice to the CITY OF FORT WORTH, before any insurance is cancelled, non-renewed or material changed, or any other cause. (C) Be written through companies duly authorized to transact that class of insurance in the State of Texas. Companies shall have a minimum A.M. Best rating of A VII. (D) Waive subrogation rights for loss of damage so that insurers have no right of recovery or subrogation against the CITY OF FORT WORTH, it being the intention that all required insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies. (E) Provide Certificates of Insurance evidencing the required coverage. Each original copy of the Agreement shall have a copy of the valid certificate of insurance attached. XI. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract are held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, City of Fort Worth,Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 7 of 9 clauses, phrases, provisions, covenants, or conditions of this contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. XII. This Agreement is performable in the State of Texas and shall be governed by Texas Law. Venue shall be in the county in which the work under this Agreement is performed. This Agreement is performable in the State of Texas and shall be governed by Texas Law. Venue shall be in the county in which the work under this Agreement is performed. XIII. This Agreement may be executed in multiple counterparts which, when taken together, shall be a part of one document. EXECUTED by the parties in multiples, effective as of the later date subscribed by a Party hereto, as set forth below: CITY OF FORT WORTH Approved as to Form &Legality: By: Douglas W. Black Jesus J. Chapa Assistant City Attorney Assistant City Manager Date: M&C No. Date: Recommended by: Wendy Chi. abulal, EMBA, P.E. Development Engineer Manager Water Department Douglas . Wiersig, P.E. Director Transportation& Public Works Department ...... 63 r �� ark; F �m 0R City of Fort Worth, Texas L" '� l FINE'If Community Facilities Tri-Party Agreement .,,,ka , C' ry CFA Official Release Date: 05.01.2015 �,� F� r r� 6tX Page 8 of 9 a HILLWOOD ALLIANCE SERVICES,L.P., a Texas limited partnership ,w Name: Russ' a ghlin Title: Senior Vice President, Properties Division Date: ' w CONATSER CONSTRUCTION TX,L.P. Name: Brock Huggin Title: Vice President Date: It ATTEST: %b Mary J. Y City S erary v City of Fort Worth,Texas Community Facilities Tri-Party Agreement �y F 1 '�� `m b r 0 D CFA Official Release Date:05.01.2015 Page 9 of 9 r� �-- 114 ® 377 TEXAS EAGLE PKWY = U WH U P�z 114 TEXAS 170 TEXAS SITE 287 rml�r 377 ...................................... ...................................................................... ; OWNER/ DEVELOPER: ENGINEER: ALLIANCE HILLWOOD ALLIANCE ��il PEL�OTON NORTH CENTER NORTH SERVICES, LLC NOT TO SCALE 13600 HERITAGE PARKWAY,SUITE 200 5751 KROGER DRIVE PHASE 2B FORT WORTH,TEXAS 76177 KELLER,TX 76244 DATE:JUNE 2015 PHONE: (817) 224-6000 PHONE:817-562,3350 mmmiwiiiiiiiai I I I 3 I i i I LOT 2R BLOCK t ALLIANCE CANTER NORTH I OLD LOT LINE 7 1 NORTH BEACH ST BEET r EX L_I TRACT 2 EAGLE INCOME PROPERTIES,LP. DOG.NO.2009-143323 R.P.R.D.C.T. LEGEND PROPOSED WATER LINE m. EXIST WATER LINE NOTE:ALL PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE NOTED EXHIBIT A - WATER ......- ............................................................................................................ e....--......--..... � I, : ALLIANCE OWNER/ DEVELOPER: III PELOTON 0 NORTH 2O0' HILLWOOD ALLIANCE li LAND SOLUTIONS CENTER NORTH SERVICES, LLC 5751 KROGER DRIVE 13600 HERITAGE PARKWAY,SUITE 200 SUITE 185 PHASE 2B FORT WORTH,TEXAS 76177 KELLER,TX 76244 GRAPHIC SCALE DATE:JUNE 2015 PHONE: (817) 224-6000 PHONE:817-562-3350 LOT 2R,BLOCK ALLIANCE CENTER NORTH I I I OLD LOT LINE I i NOR7-H BEACH ET 28' B-B/ 130' R TRACT2 OW EAGLE INCOME PROPERTIES,LP. DOG.NO.2009-143323 R.P.R.D.C.T. LEGEND PROPOSED CONCRETE PAVEMENT SIDEWALK BY DEVELOPER EXHIBIT B - PAVING ....................-......................................................................-.-...-.-......-....-.....-...-.......----..-....... M) ALLIANCE ; OWNER/DEVELOPER: 11111 PELOTON 0 NORTH 2O0' HILLWOOD ALLIANCE l-1 LAND IOLUTIONI CENTER NORTH SERVICES, LLC 5751 KROGERDRIVE 13600 HERITAGE PARKWAY,SUITE 200 SUITE 185 PHASE 2B FORT WORTH,TEXAS 76177 KELLER,TX 76244 GRAPHIC SCALE DATE:JUNE 2 015 PHONE: (817) 224-6000 PHONE:817-562-3350 BLOCK 1 LOT 2RtNTER NORTH ALLIANCE C OLD LOT LINE f NORTH BEACH' mmw 24"RCP z ......................• .......... 36"RCP 36"RCP PROP STROM DRAIN TRACT EASEMENT EAGLE INCOME PROPERTIES,LP. DOC.NO.2009-143323 R.P.R.D.C.T. LEGEND PROPOSED STORM DRAIN INLET -1-- - EXIST STORM DRAIN INLET -0- EXISTING STORM DRAIN MANHOLE EXHIBIT B1 - STORM DRAINAGE ............................................................................................................................................... M) ALLIANCE OWNER/ DEVELOPER: 11111 PELOTON 0 NORTH 200' HILLWOOD ALLIANCE 'Q MANY I.I.T.QNS CENTER NORTH SERVICES, L.P. 5751 KROGER DRIVE 13600 HERITAGE PARKWAY,SUITE 200 SUITE 185 PHASE213 FORT WORTH,TEXAS 76177 KELLER,TX 76244 GRAPHIC SCALE DATE:JUNE,2015 PHONE: (817) 224-6000 PHONE:817-562-3350 LOT 2R,BLOCK 1 ALLIANCE CENTER NORTH I OLD LOT LINE NoR7-H BEACH --- ---------0. m .................................. TRACT EAGLE INCOME PROPERTIES,LP, DOC.NO.2009-143323 R.P.R.D.C.T.. LEGEND PROPOSED STREET LIGHTS O EXIST STREET LIGHTS EXHIBIT C - STREET LIGHTS .......................................................................... ..................................... ................. ........... 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