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Home My WebLink AboutContract 41562 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT § City Secretary Contract No. t' I WHEREAS, the undersigned "Developer" desires to make certain improvements (refer to the name of the project at the bottom of the page) an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. Developer Information: Developer Company Name: HEGRE, LLC Authorized Signatory: Rachel Blake Title: Manager Project Name: IN-N-OUT Burger Water, Sewer & Paving Improvements Project Location: 2900 W. 7tn Street Additional Streets: Plat Case No.: FS-010-112 Plat Name: K.M. VanZandt's Second Addition Mapsco: 4R, 17R To be completed b ' staff.• Received by: `_ - Council District: 9 City Project No: 01667 CFA: 2011-004 DOE: 6603 OFFICIAL RECORD CITY 3:CRETAfdX FT. WORTH, TX 1 Date: NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: 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 and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement ("CFA") 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 infrastructure. Developer further acknowledges that said process requires the contractor to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub -contractor and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full for all the services provided under this contract. C. Developer agrees to cause the construction of the improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City -approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto; provided, however, that the parties acknowledge that construction costs are subject to adjustment during the course of development. D. The following checked exhibits are made a part hereof: Water (A) X , Sewer (A-1) X , Paving (B) X Storm Drain (B-1) ,Street Lights & Signs (C) _. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy and the Combined CFA final Sept 12, 2008 2 contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy; provided, however, that City acknowledges and agrees that Developer is not obligated to competitively bid any contracts for the work contemplated by this CFA. F. For all infrastructure included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets and/or prequalified to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the 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 insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install or relocate any 3 sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. v. To require its contractor to have fully executed contract documents submitted to the City to schedule a Pre -Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City - issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the improvements required herein. I. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees under this CFA, Combined CFA final Sept 12, 2008 4 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 under this CFA. M. Developer will further require its general contractor 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 iniuries, death or damages are caused, in whole or in part. by the alleged negligence of the City of Fort Worth. its officers. servants, or enzplovees. Further, Developer will require its general contractor 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 general contractor's failure to complete the work and construct the improvements specified in this CFA in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications and shall cause to be executed and delivered to the City an indemnity agreement from such general contractor on a form to be promulgated by the City. N. Upon completion of all work associated with the construction of the infrastructure and improvements, Developer will assign to the City a non- exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with its general 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 of the applicable infrastructure improvements specified in this CFA, as stated in the 5 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 of the applicable infrastructure improvements specified in this CFA, 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. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year If the community facilities are not completed within such extension period, there will be no further obligation of the City to participate. City participation in a CFA shall be subject to the availability of City funds and approval by the Fort Worth City Council. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the community facilities if at the end of two (2) years from the date of this Agreement the community facilities have not been completed and accepted, unless previously extended as permitted herein. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the community facilities or to cause the payment of costs for construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction. Combined CFA final Sept 12, 2008 6 Cost Summary Sheet Project Name: IN-N-OUT Burger Water, Sewer & Paving Improvements CFA No.: 2011-004 DOE No.: 6603 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 2. Sewer Construction Water and Sewer Construction Total $ 61,622.00 $ $ 13, 802.00 47, 820.00 B. TPW Construction 1. Street 2. Storm Drain TPW Construction Cost Sub -Total $ 89,830.04 $ 89, 830.04 $ Total Construction Cost (excluding the fees): Construction Fees: C. Water/Sewer Inspection Fee (2%) D. Water/Sewer Material Testing Fee (2%) Sub -Total for Water Construction Fees $ 151,452.04 $ $ $ 1,232.44 1,232.44 2,464.88 E. TPW Inspection Fee (4%) $ 3,593.20 F. TPW Material Testing (2%) $ 1,796.60 G. Street Light Inspsection Cost $ H. Street Signs Installation Cost $ Sub -Total for TPW Construction Fees $ 5,389.80 Total Construction Fees: $ 7,854.68 Choice Financial Guarantee Options, choose one Amount (ck one) Bond = 100% $ 151,452.04 X Completion Agreement = 100% / Holds Plat $ 151,452.04 Cash Escrow Water/Sanitary Sewer= 125% $ 77,027.50 Cash Escrow Paving/Storm Drain r= 125% I $ 112,287.55 I Letter of Credit = 125% w/2yr expiration period I $ 189,315.05 I IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this I \C\r'e day of ��Gs-...�L , 20 CITY OF FORT WORTH - Recommended by: Water Department 7• WendY Chi abulal EMBA, P.E. z`� Development Engineering Manager Approved as to Form & Legality: Marcia Wise S/l, Assistant City Attorney ATTEST: Marty Hendr City Secretary ATTEST Transportation & Public Works Department Greg S'mmons, P.E. Acting Director Approved by City Manager's Office Fernando Costa Assistant City Manager Z1�� r �a n i; 1-5 HEGRE, LLC, a Texas limited liability company By: RLES, LLC, a Nevada limited liability company its sole member YDAA-e7)1/4-, enna. R,L9 'LLst Signature (Print) Name: MANY M . MoS t1a Signature Print Name: Rachel Blake Title: Manager OFFICIAL RECORD CITY SECRETARY Combined CFA final Sept 12, 2008 8 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate 0 n n (Remainder of Page Intentionally Left Blank) 9 FORT WORTH MIKE MONCRIEF MAYOR THE CITY OF FORT WORTH , TEXAS PLAN FOR THE CONSTRUCTIONS OF TER, SANITARY SEWER, PAVING ND DR INA GE I I! PRO VE ENTS To Serve IN-N-OUT BURGER, HE GRE, LLC K N Z A ND T'S 2ND DDITION LOTS 4R, & 17R, BLOCK 11 DALE A. FISSELER, P.E CITY MANAGER WILLIAM A. VERKEST, P.E. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT S. FRANK CRUMB, P.E. WATER DEPARTMENT DIRECTOR D.O.E. NO. FILE NO TPW PROJECT NO. WATER PROJECT NO. SANITARY PROJECT NO CITY PROJECT NO. Nl MF ar cel pc; Tr ye MILTO 4TH 0 Tu 111111111 0 0 RITE S W k1 ¢w'_ •0,0 WEI ( ING J � Z ii S ✓i Y w [ 'ARNELL 0 0 oI sTH W7TH (LA. K ORT4N ED E TTLEMENT ITMORE NBE GER TE 0 o: 0 0 Vicinity Map NOT TO SCALE COUNCIL DISTRICT EB MAPSCO 766 Engineering Associates, Inc. ENGINEERS • PLANNER$ • SURVEYORS LAN05CAPF' ARCHITECTS • ENVIRONMENTAL $CIrSI 7SW 3030 LBJ Freeway, Sulte 700 (972)488-3737 Dallas, TX 75234 (972)488-6732 77/"EAR2 ACt F7524 LL x 0 0 x 0 0 0 11 HE GRE, LLC, A TEXAS LLC 1331 N. CALIFORNIA BLVD, 5TH FLOOR WALNUT CREEK, CAUFORNIA 9459E (626) 277-7913 (PHONE)PHONE) CONTACT; MARK J NOACK NOVEMBER 2010 SHEET INDEX SHEET NO. DESCRIPTION 001 COVER SHEET 002 PLATS 003 TOPOGRAPHIC SURVEY 004 GENERAL CONSTRUCTION NOTES 005 GRADING PLAN 006 PRE DRAINAGE AREA MAP 007 POST -DEVELOPED DRAINAGE AREA MAP 008 DEMOLITION PLAN 009 PAVING PLAN 010 PAVING DETAIL 011 WATER LINE PLAN 012 SANITARY SEWER LINE PLAN AND PROFILE 013 UTILITY DETAIL 014 EROSION & SEDIMENT CONTROL PLAN 015 EROSION & SEDIMENT CONTROL DETAILS 016 TRAFFIC CONTROL PLAN 017 TRAFFIC CONTROL PLAN DETAILS Mall A. DIRECTOR TRANSPORTATION AND PUBLIC WORKS RECOMMENDED BY: PROTECT MANAGER OATS DATE DATE ::.v -"^1L'—N- Li. 11 • ' ,;.,Lt777:7,v IL ., .I,. RC Derr • 1 not N. aro i 1 a. op pan.", 1,111 , .rr ..-ry,.. xL. x .- M1'._C7LL s- :RA ssi -f- ,f al 4111. 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ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS • ENVIRONMENTAL SCIENTISTS 12±LF 4" FIRE LINE 1-6"X4" TAPPING 1-4" VALVE FIRE HYDRANT ASSEMBLY 1-6"X6" TEE 1-6" VALVE 3 LF 6" FIRE LINE (PLAT, CALL 125') SO1'10'14"W 124.77' 1/31/11 I LWY FOA1 PHY PHY 3030 LBJ Freeway, Suite 100 (972)488-3737 DATE PRN I PM DES DRW Dallas. TX 75234 (972)488-6732 HE GJ�E LLC EXHIBIT A WATER 2/21/11 2900 [ . 7TH STREET 4: 57 PM EX A FORT WORTH, TEXAS REV-0 0 2011 CEI ENGINEERING ASSOCIATES, INC 0 DRA{NNG: 2612IEXH/BIT.dwg LAST SAVED BY: FADEOYE PRIVATE SANITARY 41- SEWER LINE ci G1 4' SANITARY -SEWER MANHOLE 3_..� 4' SANITARY SEWER MANHOL ) cc „PUBLIC SANITARY SEWF,,gFNE PRIVATE SANITARY SEWER LINE Engineering Associates, Inc. ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS • ENVIRONMENTAL SCIENTISTS 265 LF 8" SS PVC 1731/11 I LWY DATE I PRN FOA IPM 4' SANITARY SEWER MANHOLE PH Y DES HE GRE, LLC DRIVE-THRU RESTAURANT f3,750 SF F.F•E= 543.90' IPHY 3030 LBJ Freeway, Suite 100 DRW Dallas. TX 75234 EXHIBIT Al -WASTEWATER 2* I W 7TH S EET FONT WORTH, TEXAS (972)488-3737 (972)488-6732 2/11/11 10:59 AM EX Al REV-0 (PI 91117 rF FN/:IAIFFRINR dCCM`Id TFC INC -0,3 g —8 N591rOBV 150.00' PARCEL Ir.' (BASE BEARING) S8909'55E 150.00'b. 79±LF. 4WIDE CONCRETE SIDEWALK '41 77±LF. 4' WIDE CONCRETE SIDEWALK r - ( 5,100±SF. 6" REINFORCED CONCRETE PAVMENT (ALLEY)' 35±SF. 6" REINFORCED CONCRETE DRIVEWAY APPROACH Engineering Associates, Inc. ENGINEERS • PLANNERS • SURVEYORS LANDSCAPE ARCHITECTS • ENVIRONMENTAL SCIENI7STS 6TH STREET P.O.B. /PARCEL I swoon mar 36±LF. 4' WIDE CONCRETE SIDEWALK 41N-952±SF. REINFORCED CONCRETE DRIVEWAY APPROACH ;C•1 .S; Iv' DRNE-THRU RESTAURANT ±3,750 SF L F.F.E= 543.90 135±LF. 4' WIDE CONCRETE SIDEWALK 1/18(11 I LWY DATE PRN FOA PHY PHY PM DES DRW HE GRE, LLC ti (PLAT CAU. 125) S0110'14.W 124.77' 116±LF. 4' WIDE CONCRETE SIDEWALK 3030 LBJ Freeway, Suite 100 Dallas. TX 75234 EXIHIBIT B-PAVING 2900 W. 77H STREET FORT WORTH, TEXAS 0 2011 CEI ENGINEERING ASSOCIATES, INC. (972)488-3737 (972)488-6732 1/18/11 6:56 PM EX B REV- 0 Paving Improvements BID-00401 Driveway - Install Square Foot 1596 $ 9.00 $14,364.00 BID-00402 Driveway - Remove Square Foot 1596 $ 9.00 $14,364.00 BID-00404 Driveway-6 Inch - Install Approach Square Foot 1300 $ 4.70 $6,110.00 BID-00415 Alley - Install Square Yard 566.7 $ 40.50 $22,951.35 BID-00416 Alley - Remove Square Yard 266.7 $ 3.56 $949.45 BID-00418 Base - Compact Square Yard 933.4 $ 2.58 $2,408.17 BID-00423 Curb & Gutter ,- Install Linear Foot 515 $ 6.00 $3,090.00 BID-00424 Curb & Gutter - Remove Linear Foot 250 $ 7.00 $1,750.00 BID-00430 Pavement Asphalt- Remove Square Yard 234 $ 3.64 $851.76 BID-00450 Pavement-6 Inch Concrete - Install Square Yard 26.8 $ 108.35 $2,903.78 BID-00457 Pavement -Concrete - Remove Square Yard 26.8 $ 108.35 $2,903.78 BID-00529 Walk - Remove Square Foot 3650 $ 0.77 $2,810.50 BID-00530 Walk-4 Ft - Install Square Foot 1850 $ 4.00 $7,400.00 BID-01227 Walk-ADA Wheelchair Ramp -- Install Each 1 $ 800.00 $800.00 BID-00121 Miscellaneous - Install Irrigation Lump Sum 1 $ 1,200.00 $1,200.00 BID-00132 Grass -Bermuda Sod -- Install Square Yard 477 $ 2.25 $1,073.25 BID-00181 Traffic Control - Install Lump Sum 1 $ 3,900.00 $3,900.00 Subtotal $89,830.04 Improvements BID-00546 _Water Fire Hydrant - Install Each 1 $ 2,600.00 $2,600.00 BID-00568 Pipe Fittings TN. 0.2 $ 3,160.00 $632.00 BID-00605 Pipe-Pressure-4 Inch - Install Linear Foot 70 $ 40.00 $2,800.00 BID-00616 Pipe-Pressure-6 Inch - Install Linear Foot 3 $ 80.00 $240.00 BID-00682 Fire line -Tapping Sleeve 6" X 4" - Install Each 1 $ 3,300.00 $3,300.00 BID-00693 Pipe -Cut in 6" X 6" Tee & 6" Valve Each 1 $ 3,500.00 $3,500.00 Trench Safety L.F. 73 $ 10.00 $730.00 Subtotal $13,802.00 Sanitary Sewer Improvements BID-00115 Manhole - Install Connect to Existing _ Each 1 $ 1,200.00 $1,200.00 BID-00118 Manhole-4 Ft - Install Each 2 $ 4,500.00 $9,000.00 BID-00332 Pipe-Sewer-8 Inch (All Depths) - Install Linear Foot 266 $ 118.00 $31,388.00 BID-00361 Sewer-Service-6 Inch Service Tap - Install Each 3 $ 1,400.00 $4,200.00 BID-00372 Trench Safety System 5 Foot Depth - Install Linear Foot 50 $ 10.00 $500.00 TV & Vacuum Testing L.F. 266 $ 2.00 $532.00 Cut & Plug Exisitng Service EA. 2 $ 500.00 $1,000.00 Subtotal $47,820.00 TOTAL $151,452.04