HomeMy WebLinkAboutContract 42159COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
City Secretary
COUNTY OF TARRANT § Contract No.
Ltd or
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: Cinemark USA, Inc.
Authorized Signatory: Don Harton
Title: Vice President
Project Name: Water Improvements for Cinemark at Alliance Town Center
Project Location: I-3 5 N & Wild Rye Dr.
Additional Streets: N/A
. Plat Case No.: FS-011-092 Plat Name: Alliance Town Center
Mapsco: 21Y
To be completed b staff
Received by: UL
CFA: 2011-029 DOE • 6712
Council District: 2 City Project No: 01782
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1
08-22-1 1 P(_�2 : 26 IN
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.
D: The following checked exhibits are made a part hereof: Water (A)'X-
Sewer (A-1) , Pavmg (B) Storm Drain (B-1) __, StreetLights&
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
contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
Combined CFA final Sept 12, 2008 2
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 depailinent 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 perfouu the construction work
contemplated herein to provide insurance equal to or in excess of the
amounts required by the City's standard specifications and contract
documents for developer -awarded infrastructure construction contracts.
The City shall be named as additional insured on all insurance required
by said documents and same will be evidenced on the ACORD
Certificate of Insurance supplied by the contractor's insurance provider
and bound in the construction contract book.
iv. To require its contractor to give 48 hours notice to the City's
Construction Services Division of intent to commence construction so
that City inspection personnel will be available; and to require the
contractor to allow the construction to be subject to inspection at any
and all times by City inspection forces, and not to install or relocate any
sanitary sewer, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, and to make such
laboratory tests of materials being used as may be required by the City.
v. To require its contractor to have fully executed contract documents
submitted to the City to schedule a Pre -Construction Meeting. The
3
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 Depattfnent.
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 hairiness 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 haunless and defend the City, its officers,
agents and employees from all suits, actions or claims of any character,
whether real or asserted, brought for or on account of any injuries or
damages sustained by any persons (including death) or to any property,
resulting from or in connection with the construction, design, performance
or completion of any work to be performed by said Developer, his
contractors, subcontractors, officers, agents or employees, or in
consequence of any failure to properly safeguard the work, or on account
of any act, intentional or otherwise, neglect or misconduct of said
DEVELOPER, his contractors, sub -contractors, officers, agents or
employees, whether or not such injuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of
Combined CFA final Sept 12, 2008 4
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 and shall cause to be executed and delivered to the City an
indemnity agreement from such contractors on a faun 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 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.
5
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
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 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.
Combined CFA final Sept 12, 2008 6
Cost Summary Sheet
Project Name. Water Improvements for Cinemark at Alliance Town Center
CFANo.: 2011-029 DOE No.: 6712
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
A. Water and Sewer Construction
1. Water Construction $
2. Sewer Construction $
Water and Sewer Construction Total $
B. TPW Construction
1. Street $
2. Storm Drain $
3. Street Lights Installed by Developer
TPW Construction Cost Sub -Total $
Total Construction Cost (excluding the fees): $
Developer's Cost
107,250.00
107, 250.00
107,250.00
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $ 2,145.00
D. Water/Sewer Material Testing Fee (2%) $ 2,145.00
Sub -Total for Water Construction Fees $ 4,290.00
E. TPW Inspection Fee (4%) $
F. TPW Material Testing (2%) $
G. Street Light Inspsection Cost $
H. Street Signs Installation Cost $
Sub -Total for TPW Construction Fees $
Total Construction Fees: $ 4,290.00
Choice
Financial Guarantee Options, choose one Amount (ck one)
IBond = 100% $ 107,250.00
ICompletion Agreement = 100% / Holds Plat $ 107,250.00
ICash Escrow Water/Sanitary Sewer= 125% $ 134,062.50 ✓
ICash Escrow Paving/Storm Drain = 125% $ - I
ILetter of Credit = 125% w/2yr expiration period $ 134,062.50
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
of
okste\'
20
CITY OF FORT WORTH - Recommended by:
Water Department
Wendy Chi-Babulal, BA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
Sr. Assistant City Attorney
ATTEST:
\i-N-4VIAtt
Marty Hendrix
City Secretary
ATTEST
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ignature
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Combined CFA final Sept 12, 20�,,_ 06-1 �' �������� 8
,lllfili itn
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o emark USA, Inc.
,)3
day
Transportation & Public Works Department
Douglas W. Wiersig, P.E.
Director
Approved by City Manager's Office
ceseraters-A4
Fernando Costa
Assistant City Manager
NO M&C REQUIRED
Signature
Print Name: Don Harton
Title: Vice President
sY--ry-rar_n-i
OFFICIAL RECORD
CITY SECRETARY
WORTH, TX
I
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included
rs
C
Attachment
Location Map
Exhibit A: Water Improvements
Water Estimate
Exhibit A-1: Sewer Improvements
Sewer Estimate
Exhibit B: Paving Improvements
Paving Estimate
Exhibit B-1: Storm Drain Improvements
Storm Drain Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
9
1R5570 MON FS FW.
I:\28000s\28181\CADD\Sheets FTW\WATER UTILITY PLANS\ 28181CFAW01.don
8/15/2011 1:23:37 PM
I-35W NORTH FRONTAGE ROAD
ALLIANCE TOWN CENTER
LOT 6, BLOCK A
CAB. A, SL. 12674
P.R.T.C.T.
(TRACT 1)
AIL INVESTMENT, L.P.
VOL. 14315, PG. 56
P.R.T.C.T.
8' SEWER LINE EXTENSION BY-1/1
SEPARATE CONTRACT
D.O.E. NO. 6715
SEWER PROJ. NO. P275-702130178483
X-21634
12' WATER LINE EXTENSION BY
SEPARATE CONTRACT
D.O.E. NO. 6715
WATER PROJ. NO. P265-602150178483
X-21634
WILD RYE DRIVE
■: HALFF
■ ■ REGISTRATION NO.: 312
4000 FOSSIL CREEK BIND
FORT WORTH, TEXAS 76137-2797
TEL (817) 847-1422
FAX (817) 232-9784
RAIN LILY TRAIL
ALLIANCE TOWN CENTER
LOT 5A-R1, BLOCK A
D210287220
O.P.R.T.C.T.
LOT 3A, BLOCK A
ALLIANCE TOWN CENTER
CAB. A, SL.
R.T C.T. 12644 VQd
74---15' WATER EASEMENT
►fir BY SEPARATE INSTRUMENT
PROPOSED 15'
WATER EASEMENT
LOT 10, BLOCK A
AIL INVESTMENT, L.P.
CAB. , SL.
P.R.T.C.T.
(PROPOSED 12' WATER
PROPOSED
EASEMENT
(TRACT 1) OOw
AIL INVESTMENT, L.P. ) )%
VOL. 14315, PG. 56 H° �� �e
.R.T.C.T. y t15' WATER EASEMENT C'i���'P
BY SEPARATE SIC"...
INSTRUMENT p-
LOT 9, BLOCK A
CAB. A, SL. 12767
P.R.T.C.T.
D208237896
O.P.R. T.C.T.
WATER EXHIBIT "A"
CINEMARK WATER LINE
LEGEND
PROPOSED WATER LINE
PROPOSED REDUCER
PROPOSED GATE VALVE
PROPOSED FIRE HYDRANT
PROPOSED WATER METER
LINE I
30' ACCESS
I
T
I
PROJECT
LOCATION
NORTH T
VICINITY MAP
N.T.S.
GJ
(TRACT 1)
AIL INVESTMENT, L.P.
VOL. 14315, PG. 56
P.R.T.C.T.
0 100 200
300
ARRANT
400
SCALE: 1 "=200'
SHEET I OF 1
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• HALFF
REGISTRATION NO.: 312
4000 FOSSIL CREEK BLVD
FORT WORTH, TEXAS 76137-2797
TEL (817)847-1422
FAX 817)232-9784
KWY
HERITAGE TRACE PKUV�y
'PROJECT LOCATION
VICINITY MAP
WATER IMPROVEMENTS FOR
CINEMARK AT ALLIANCE TOWN CENTER
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N.T.S.
HALFF ASSOCIATES Inc.
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
(817) 847-1422
CLIENT: Cinemark USA, Inc.
PROJECT: Water Improvements for Cinemark at Alliance Town
Center
Item
No,
BID-00100
BID-00124
BID-00220
BID-00372
BID-00546
BID-00552
BID-00562
BID-00590
BID-00591
BID-00605
BID-00616
BID-00715
BID-00717
BID-00717
BID-00745
BID-00763
BID-00767
BID-00837
BID-01174
ESTIMATE OF PROBABLE WATER COST
Description
Water Improvements
Total
Unit Quantity
Storm Water Pollution Prevention Plan > Than 1 Ac LS
SWPPP — Install
Mobilization — Services LS
Pipe Fitting — Install Ton
Trench Safety System 5 Foot Depth — Install LF
Fire Hydrant — Install Ea
Meter-2 Inch and Meter Box -Class B — Install Ea
Meter Vault w/Three Inch Turbo & 2 Inch Bypass — Ea
Install
Pipe-Pressure-12 Inch (DIP) — Install LF
Pipe-Pressure-12 Inch — Install LF
Pipe-Pressure-4 Inch — Install LF
Pipe-Pressure-6 Inch — Install LF
Valve-10 Inch -Gate Valve w/Box — Install Ea
Valve-12 Inch -Gate Valve w/Box — Install Ea
Valve-12 Inch -Pressure Plane Valve — Install Ea
Valve-6 Inch -Gate Valve w/Box — Install Ea
Water Service-2 Inch — Install LF
Water Service-2 Inch -Tap to Main — Install Ea
Concrete -Type B — Install CY
Fill Material -Cement Stabilized Backfill — Install Ton
Total Project
Unit
Cost
1 $2,500.00
1 $10,000.00
2 $2,600.00
1,200 $1.00
2 $2,500.00
1 $225.00
1 $10,000.00
60 $70.00
1,140 $40.00
38 $25.00
95 $30.00
1 $1,800.00
5 $2,000.00
1 $2,000.00
3 $1,000.00
5 $30.00
1 $1,250.00
5.00 $100.00
15 $55.00
Rounded Total
This statement was prepared utilizing standard cost estimate practices. It is understood and agreed that this
is an estimate only, and that Engineer shall not be liable to Owner or to a third party for any failure to accurately
estimate the cost of the project, or any part thereof. -
8/1/2011
28181
CRH
Total
Amount
$2,500
$10,000
$5,200
$1,200
$5,000
$225
$10,000
$4,200
$45,600
$950
$2,850
$1,800
$10,000
$2,000
$3,000
$150
$1,250
$500
$825
$107,250
$107,000
Chakrathouk, Manivanh
11111111
From. Knight, Jana
S ent: Tuesday, August 23, 2011 9:35 AM
To: Chakrathouk, Manivanh
S ubject: RE: Contract: Cinemark @ Alliance Town Center
Hi Monni,
N o, this contract does not require a signature from the TPW director. Only water department staff needs to sign this
one.
Thank you,
Knight
City Of Fort Worth
Planning & Development I Community Facility Agreements
Phone: 81.7.392.2o25 or E-Mail: iana.kniaht(afortworthgov.orq
I am here to serve you. How am I doing?
Please contact my supervisor David Schroeder at david.schroeder(a�fortworthaov.orq.
From: Chakrathouk, Manivanh
Sent: Monday August 22, 2011 2:50 PM
To: Knight, Jana
Subject Contract Cinemark @ Alliance Town Center
Hello Jana,
Please advise if this contract requires Douglas W. Wiersig, P.E. signature? All contract copies are missing his signature.
Thank you,
Manivanh. Chakrathouk(fortworthgov.org
i