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HomeMy WebLinkAboutContract 49929 Received Date: 11 15/0-7 Received Time: I 1 .3 O AM Developer and Project Information Cover Sheet: Developer Company Name: Annapurna Food,Inc. Address, State,Zip Code: 5142 Coyote Run,Abilene,TX,79602 Phone&Email: 972-261-8059,kishorneupane@gmail.com Authorized Signatory,Title: Kishor Neupane,President Project Name: t—G`olldden Chick i Brief Description: Water,Paving IProject Location: West Risinger Rd. & South Hulen Street Plat Case Number: FP-17-043 Plat Name: Hulen Risenger Addition Mapsco: 103T Council District: 6 CFA Number: 2017-141 City Project Number: 101137 AM A Cb V w City of Fort Worth,Texas oiv Standard Community Facilities Agreement- Golden Chick 'n \ � o: CFA Page II of 111 Release Date:02.20.2017 OFFICIAL RECORD CITY SECRETARYG r Q��� Cb FT.WORTH,TX �h'b Wd 7A���� STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary q COUNTY OF TARRANT § Contract No. i WHEREAS, Annapurna Food, Inc., ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements")related to a project generally described as Golden Chick ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS,any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the 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: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 2 of 11 to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water(A) ®, Sewer(A-1) P,, Paving(B),O, Storm Drain(B-1) P, Street Lights & Signs (C) ❑. E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified,insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure,and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 3 of 11 iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces,to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. I. 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 community facilities to be installed hereunder. City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits,actions or claims of any character,whether real or asserted,brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its 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, its contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or dams es are caused, in whole or in part, by the alleged negligence of the CUP of Fort Worth, its officers, servants, or employees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims,suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from,or in any way connected with,the construction of the infrastructure contemplated herein,whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. Further,Developer will require its contractors to indemnify,and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 5 of 11 N. Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent(2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent(4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period,the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two(2)years from the date of this Agreement(and any extension period) the Improvements have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 6 of 11 construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, 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 the contract. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: Golden Chick CFA No.: 2017-141 City Project No.: 101137 An Engineer's Estimate of Probable Cost is acceptable. However,the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 14,750.00 2.Sewer Construction $ - Water and Sewer Construction Total $ 14,750.00 B. TPW Construction 1.Street $ 4,500.00 2.Storm Drain $ - 3.Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ 4,500.00 Total Construction Cost(excluding the fees): $ 19,250.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 295.00 D. Water/Sewer Material Testing Fee(2%) $ 295.00 Sub-Total for Water Construction Fees $ 590.00 E. TPW Inspection Fee(4%) $ 180.00 F. TPW Material Testing(2%) $ 90.00 G. Street Light Inspsection Cost $ - H. Signals Inspection Cost $ H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ 270.00 Total Construction Fees: $ 860.00 Choice Financial Guarantee Options,choose one Amount (Mark one)w Bond=100% $ 19,250.00 Completion Agreement=100%/Holds Plat $ 19,250.00 Cash Escrow Water.iSanita Sewer-125% $ 18,437.50 x Cash Escrow Paviri ;Storm Drain=125% $ 5,625.00 x Letter of Credit m 125%w/2yr expiration period $ 24 062.50 City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER ,/ Annapurna Food,Inc. Jesus Jv��� Jesus J. Chapa Assistant City Manager �- Date: Kishor Neupane(Nov 13,20171 Name: Kishor Neupane Recommended by: Title: President Date: Evelyn Woberts(Nov 13,2017) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Approved as to Form &Legality: administration of this contract, including ensuring all performance and reporting requirements. Richard A.McCracken(Nov 13,2017) Richard A. McCracken Tanie Scarl&&Morales Assistant City Attorney Janie Scarlett Morales(Nov 13,2017) M&C No. Name: Janie Morales Date: Title: Development Manager Form 1295: ATTEST: goon,P. C=Cd,(,ey Ronald P.Gonzales( ov 15,2017) Mary J. Kayser/Ronald Gonzales City Secretary/Assistant City Secretary City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 9 of 11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ® Location Map Q Exhibit A: Water Improvements Water Cost Estimate Exhibit A-1: Sewer Improvements Sewer Cost Estimate ® Exhibit B: Paving Improvements ® Paving Cost Estimate Exhibit 13-1: Storm Drain Improvements Storm Drain Cost Estimate Exhibit C: Street Lights and Signs Improvements 0 Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101137 None City of Fort Worth,Texas Standard Community Facilities Agreement- Golden Chick CFA Official Release Date:02.20.2017 Page 11 of 11 70 C) �f �3; • F ppQQ z + Village .. I',} Qua 61-OS4,��aNtl• Y)sekS Rd ���� Altace �r m Sy' ZInfar_r';, Fir ' '3111 F ` PROJECT LOCATION eL ,, .�4t2LrJJ '£7 I 6i.i l pr 1�orrt S+r e7 >� $tCAV8KFE1tZTi1$ '+'LS �4.. .c l '"y��l I NOWNED/DEVELOPED BY: ANNAPURINA FOOD, INC. KISHOR NEUPANE 5142 COYOTE RUN ABILINE, TX 79602 PHONE: 972-261-8059 5000 0 5000 SCALE: 1" = 5000' MYAlY VICINITY MAP _ HULEN & RISINGER RhYlon: 500 Moseley Road 0.746 ACRE — HULEN RISINGER ADDITION cross Roods,TX 76227 SECOND INSTALLMENT, LOT 4, BLOCK A Phone (940) 387-0805 THIS ORANNG Is To BE Fax (940) 387—ONO USED FOR CFA INFORMATION I(JE (TBPE #F-12214) PURPOSES ONLY. FORT WORTH TEXAS W. RISINGER ROAD EXIST 16' WATER LINE EXIST 8 WATER LINE .�..�..�..a.._.._.._.._.. _.._.. .._.._.._.._.._.._.._.._.._.._.. 4 P ..—.._..�..CA---...._.. .._.._._.._.._.._.._.._ j ROP135 LF OF. B'WATER LINE CAP AT EAST I PROPERTY LINE W /cn I I Lu i HULEN RISINGER ADDITION I HULEN RISINGER ADDITION APART OF A TRACT OF LAND i REMAINDER OF A LOT 1,BLOCK ALOT 3R,BLOCK A I DESCRIBED AS PARCEL 3 IN A DEED: TRACT OF LAND Z CAB.A,PG.12521 ! CAB.A,PG.12521 j TO IRVIN E.FRANK&ROBERT L. I DESCRIBED AS J i D.R.T.C.T. I D.R.T.C.T. ZELIGSON VOL.11582,PG.2062 j PARCEL 3 I A D.R.T.C.T. DEED TO j 0.746 ACRE I IRVIN E-FRANK& ROBERT L ZELIGSON VOL. ! 11582,PG.2062 I j j I D.R.T.C.T. LEGEND PROPOSED WATER LINE PROPOSED GATE VALVE ----♦� EXISTING WATER LINE OWNED/DEVELOPED BY: ANNAPURINA FOOD, INC. 100 0 50 100 KISHOR NEUPANE 5142 COYOTE RUN SCALE: 1" = 100' ABILINE, TX 79602 PHONE: 972-261-8059 SMaER,: EXHIBIT A — WATER LINE 11W Ridi1o"` SGG Masr,ey ftaaa 0.746 ACRE HLJLEN RISINGER ADDITION c��y .cods rx 76227 SECOND INSTALLMENT, LOT 4, BLOCK A KiE PI I��' 387-0830Fca: Is4-0387 0836 (TBE QEF-1221 a) FORT WORTH TE?fAS W. RISINGER ROAD PROP.5'WIDE SIDEWALK .�.._.._.._..-.._.._.._..-..-..-..-..T.-_.-.. ..-.,-.,-..-..-..-..-..-.._. ' I %/ I / PROPOSED P-1 % I j CURB RAMPS � I I I I I I i HULEN RISINGER ADDITION I HULEN RISINGER ADDITION A PART OF A TRACT OF LAND i REMAINDER OF A LOT 1,BLOCK A LOT 3R,BLOCK A DESCRIBED AS PARCEL 31N A DEED: TRACT OF LAND Z CAB.A,PG.12521 I CAB.A PG.12521 j TO IRVIN E.FRANK&ROBERT L I DESCRIBED AS w - D.R.T.C.T. I D.R.T.C.T. ZELIGSON VOL.11582,PG.2062 PARCEL 31N A ,J I D.R.T.C.T. DEED TO 0.746 ACRE I IRVIN E.FRANK& ROBERT L ZELIGSON VOL. I 11582,PG.2062 N I j D.R.T.C.T. I ' I � I I I � i LEGEND PROPOSED 4" THICK CONCRETE SIDEWALK OWNED/DEVELOPED BY: ANNAPURINA FOOD, INC. 100 0 50 100 KISHOR NEUPANE 5142 COYOTE RUN SCALE: 1" = 100' ABILINE,TX 79602 PHONE: 972-261-8059 EXHIBIT B - SIDEWALK PAVING A 500 Moseley Road 0.746 ACRE — HULEN RISINGER ADDITION Cross Roads.TX 76227 SECOND INSTALLMENT, LOT 4, BLOCK A Phone (940) 387-0605 THIS DRAWING Is TO BE Fax (940) 387-0830 USED FOR CFA INFORMATION l(JE (TBPE fi-12214) PURPOSES ONLY. FORT WORTH TEXAS SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM Golden Chick-S Hulen and W Risinger Van Este[—BVE Precision Brett Ledbetter—Mora Construction Sidewalk Utilities UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlis Specificatio Unit of t Item Description n Section Measur Bid Quantity Unit Price Bid Value No. No. e UNIT I:WATER IMPROVEMENTS 1 3301.0002 Post-CCTV 3301 31 LF Inspection 135 $1 $135 2 3305.0109 Trench Safety 33 05 10 LF 135 $1 $135 3 3311.0001 Ductile Iron 3311 11 TN Fittings w/Restraint 0.025 $1400 $350 4 331 8".0261 PVC Water 3311 12 LF Pipe 135 $78 $10,530 3312.0117 Connection to 33 1225 5 Existing 4"-12"Water EA Main 1 $1800 $1800 6 3312.3003 8"Gate Valve 33 12 20 EA 1 $1800 $1800 TOTAL UNIT I:WATER IMPROVEMENTS $14,750.00 UNIT IV:PAVING IMPROVEMENTS 1 3213.0301 4"Conc Sidewalk 32 13 20 SF 45 0 7.78 3500 2 3213.0506 Barrier Free Ramp, 32 13 20 EA Type P-1 2 500 1000 3 TOTAL UNIT IV: PAVING IMPROVEMENTS 4500 Bid Summary UNIT I:WATER IMPROVEMENTS $14,750.00 UNIT II_SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS $4500.00 UNIT V:STREET LIGHTING IMPROVEMENTS UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $18,250.00 Contractor agrees to complete WORK for FINAL • . #;days, calendar days after the ACCEPTANCE within 't date when the 180 CONTRACT commences to run as provided in the General Conditions.