HomeMy WebLinkAboutContract 58890Received Date: 2/17/2023
ReceivedTime: 8.00 a.m.
Developer and Project Information Cover Sheet:
Developer Company Name: Holland Vaquero Car Wash Partners, LP
Address, State, Zip Code: 2627 Tillar Street Suite 111 Fort Worth, TX 76107
Phone & Email:
817-304-9948 kmassey@vaqueroventures.com
Authorized Signatory, Title:
William A Landreth Manager of the General Partner
Project Name:
2525 NE 28th Street
Water, Sewer, Paving, Streetlights
Brief Description:
Project Location:
2525 NE 28th Street
Plat Case Number:
FS-10-139
Plat Name:
United Service Center Addition
Mapsco:
TAR-063A
Council District:
9
CFA Number:
22-0013 City Project Number:
103973 IPRC22-0033
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 1 of 15
Standard Community Facilities Agreement
Rev. 9/21
City Contract Number:
STANDARD COMMUNITY FACILITIES AGREEMENT
This STANDARD COMMUNITY FACILITIES AGREEMENT (" reement") 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 Holland Vaquero
Car Wash Partners, LP, a Texas limited partnership ("Developer"), acting by and through its duly
authorized General Partner. City and Developer are referred to herein individually as a "party" and
collectively as the "parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as 2525 NE
28th Street ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not apart of this Agreement; and
WHEREAS, the City is not participating in the cost of the Improvements or Project; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project; and
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("CFAOrdinance"), as amended, is incorporated
into this Agreement by reference, as if it was fully set out 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
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
OFFICIAL RECORD
CITY SECRETARY Page 2 of 15
FT. WORTH, TX
connection with the workperformed by the contractors. If a conflict exists 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 byreferenceas 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:
❑x
Exhibit A: Water
❑X
Exhibit A 1: Sewer
®
Exhibit B: Paving
❑
Exhibit B-1: Storm Drain
®
Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A 1, B, C, the Location Map, or the Cost Estimates conflict
with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes
to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment
3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements c ontemplated 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 Cost Estimates provided for the
Improvements, andthis Agreement. Developer acknowledges that City will not acceptthe 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.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
City of Fort Worth, Texas Page 3 of 15
Standard Community Facilities Agreement
Rev. 9/21
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
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"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("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 (3) 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 in accordance with the Engineering Plans 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 in accordance with the Engineering Plans 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) If the Financial Guarantee is a completion agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the completion agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors, or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer and the City agree to the following:
(a) that Developer and City must execute a termination of this Agreement in writing, and the City
will not unreasonably withhold, delay, or deny such termination by Developer;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
City of Fort Worth, Texas Page 4 of 15
Standard Community Facilities Agreement
Rev. 9/21
(c) Developer will 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
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.
(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.
City of Fort Worth, Texas Page 5 of 15
Standard Community Facilities Agreement
Rev. 9/21
10.
Utilitie s
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 required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
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, ENGINEERING PLANS, AND COST ESTIMATES
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 EMPL OYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF
ANY CHARA CTER, WHETHER REAL ORASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING 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
PROPERLYSAFEGUARD 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 DAMAGES ARE 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 IN ANY 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
City of Fort Worth, Texas Page 6 of 15
Standard Community Facilities Agreement
Rev. 9/21
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 IN ACCORDANCE 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 shallinclude provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
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 Section 33, 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 of Fort Worth, Texas Page 7 of 15
Standard Community Facilities Agreement
Rev. 9/21
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
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
Holland Vaquero Car Wash Partners, LP
2627 Tillar Street Suite 111
Fort Worth, Texas 76107
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,
City of Fort Worth, Texas Page 8 of 15
Standard Community Facilities Agreement
Rev. 9/21
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
all payment and reporting of taxes on behalf of itself, and any of Developer's 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 the City 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 City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
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.
City of Fort Worth, Texas Page 9 of 15
Standard Community Facilities Agreement
Rev. 9/21
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
language.
25.
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 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 CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPED
DEVELOPER'SEMPLOYEES, SUBCONTRACTORS, AGENTS, ORLICENSEES. City, upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
26.
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.
27.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this
Agreement without the prior written consent of City, such consent not to be unreasonably withheld,
conditioned, or delayed. Any attempted assignment or subcontractwithout the City's prior written approval
shall be void and constitute a breach of this Agreement.
City of Fort Worth, Texas Page 10 of 15
Standard Community Facilities Agreement
Rev. 9/21
28.
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.
29.
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.
30.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
31.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
32.
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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page l l of 15
Standard Community Facilities Agreement
Rev. 9/21
33.
Cost Summary Sheet
Project Name: 2525 NE 28th Street
CFA No.: 22-0013 City Project No.: 103973 IPRC No.: 22-0033
Ite ms
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
4. Signals
TPW Construction Cost Total
Total Construction Cost (excluding the fees)
Estimated Construction Fees:
C. Construction Inspection Service Fee
D. Administrative Material Testing Service Fee
E. Water Testing Lab Fee
Total Estimated Construction Fees
Financial l.narantoo I7ntinnc chnnco nna
Developer's Cost
$ 50,300.00
$ 13,520.80
$ 63,820.80
$ 10,742.00
$ 44,887.92
$ 55,629.92
$ 119,450.72
$28,250.00
$588.00
$150.00
$ 28,988.00
Choice
dmnlint /Mark nnol
Bond = 100%
$ 119,450.72
X
Completion Agreement = 100% / Holds Plat
$ 119,450.72
Cash Escrow Water/Sanitary Sewer= 125%
$ 79,776.00
Cash Escrow Paving/Storm Drain = 125%
$ 69,537.40
Letter of Credit = 125%
$ -
Escrow Pledge Agreement = 125%
$ 149,313.40
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 12 of 15
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
Dana BurghdofF
Dana Burghdoff eb II,202305:29 CST)
Dana Burghdoff
Assistant City Manager
Date: Feb 17, 2023
Recommended by:
Dwayne Hollars (Feb 16, 202315:20 CST)
Dwayne Hollars/Bichson Nguyen
Contract Compliance Specialist
Development Services
Date: Feb 16, 2023
Approved as to Form & Legality:
4r:2,
Richard A. McCracken (Feb 16, 202316:10 CST)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No.
Date:
Form 1295: N/A
o44unRb
�s°t° foRr�'a°d ATTEST: p0
�0 �1
Cy �'EXA5oa
��IlR6444
Jannette S. Goodall
City Secretary
Date: Feb 17, 2023
DEVELOPER
Holland Vaquero Car Wash Partners, LP
A Texas limited partnership
By: Vaquero Ventures General Partner, LLC
a Texas limited liability company
its general partner
1V4Land'teth
WA Landreth (Feb 16, 202315.19 CST)
WA Landreth
Manager of General Partner
Date: Feb 16, 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.
REhE�CGL zn, 6U4 0bfi` n,
Rebecca Diane Owen (Feb 16, 2023 15:30 CST)
Rebecca Diane Owen
Development Manager
Date: Feb 16, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 13 of 15
Standard Community Facilities Agreement
Rev. 9/21
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.
X❑ Attachment 1 - Changes to Standard Community Facilities Agreement
❑ Attachment 2 — Phased CFA Provisions
❑ Attachment 3 — Concurrent CFA Provisions
® 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 14 of 15
Standard Community Facilities Agreement
Rev. 9/21
ATTACIMENT "1"
Changes to Standard Community Facilities Agreement
City Project No. 103973
Negotiated changes are contained in the body of the Agreement
City of Fort Worth, Texas Page 15 of 15
Standard Community Facilities Agreement
Rev. 9/21
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CPN 103973
MAPSCO NO. TAR-063A
KELLY AGNOR
VAQUERO VENTURES
2900 WINGATE STREET
FORT WORTH, TX 76107
2525 NE KEVIN PATEL
28th STREET TRIANGLE ENGINEERING
1784 W. MCDERMOTT DR. SUITE SUITE 110
ALLEN, TX 75013
(SHEET 1 OF 5)
DATE: NOVEMBER, 2022
INSTALL:
1
1-12"X6" ANCHOR TEE
1-6" VALVE
K OF TEXAS
1-CITY STD FIRE HYDRANT
'G. 1269
1-23 LF OF 6" WATER LINE TO
FIRE HYDRANT.
-T.
K OF TEXAS
IRRIGATION SERVICE
GP GP
cNTRAL
INSTALL:
O Q
1-12"X1" SERVICE SADDLE
)ISTRICT
1-30 L.F. 1" WATER TO METER
03220508
1-1" IRRIGATION METER
PER CITY DETAIL D111
)CK 1-R
E CENTER
DOMESTIC SERVICE
ON
INSTALL:
nx
5' SOUTHWESTERN BEL:
0, PG. 35
1-12"X2" SERVICE SADDLE
1-2" DOMESTIC METER
TELEPHONE EASEMENT
n
'-•T• VOL. 7420 PG. 1414
1-19 L.F. 2" WATER TO METER
� m
D.R.T.C.T.
PER CITY DETAIL D112----------------------
A
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UGE UGE UGE
UGE UGE
UGE
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UNDERGROUND
DETENTION
BY OTHERS
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NOTE: DOMESTIC WATER
RPZA
r
LINE WATER SAMPLING
(BY OTHERS)
LOCATION INSIDE BUILDING
2" WATER LINE
LOT 3R1, BLOCK 1-R
PRIVATE
(BY OTHERS)
I
) SERVICE CENTER ADDITION
5'X1o'
INST.# D212125732
W
W.E.
O.P.R.T.C.T.
1.772 ACRES
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UTILITY LEGEND
UNDERGROUND TELEPHONE LINE
UGT
UNDERGROUND ELECTRIC LINE
UGE
GAS LINE
G
SANITARY SEWER LINE
SAN'
WATER MAIN
W
DOMESTIC WATER LINE
D
STORM LINE
STM-
N O R T H
0 30
SCALE: 1"=30'
EXHIBIT A
WATER
CPN 103973
KELLY AGNOR 2525 NE KEVIN PATEL
VAQUERO VENTURES 28th STREET TRIANGLE ENGINEERING
2900 WINGATE STREET 1784 W. MCDERMOTT DR. SUITE SUITE 110
FORT WORTH, TX 76107 ALLEN, TX 75013
(SHEET 2 OF 5)
DATE: NOVEMBER, 21122
30' SANITARY
SEWER EASEMENT
INST.# D212125732
O.P.R.T.C.T.
APPROXIMATE LOCATION OF I
15' STORM DRAIN EASEMENT
VOL. 388-140, PG. 35
P.R.T.C.T.
00
21" RCP
LLI
r7
VARIABLE STORM
DRAIN EASEMENT
INST.# D212125732
O.P.R.T.C.T.00
zr
I
40' ACCESS
EASEMENT
VARIABLE STORM
DRAIN EASEMENT
INST.# D212125732
O.P.R.T.C.T.
00 8" PVC
CPN# 01682
H X-21853
N
F-
F-F O
z I
AI
I�
/
O SI
� / I
/
i I
RIM=605.5'
DEPTH:-6.0' r
/FL 24" RCP NJNW:54 5' I I
DEPTH:-15.1' LL
,_Zl FL 48" RCP NIS:590.JU
—� PRIVATE 6"
SANITARY SEWER -
ENCROACHMENT
AGREEMENT
iu
AREA
I� 9.72 LF OF 8"
frr� PUBLIC SEWER @
I e
1.00% SLOPE
I ,
I
8" PVC
1682
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UTILITY LEGEND
UNDERGROUND TELEPHONE LINE UGT
UNDERGROUND ELECTRIC LINE UGE
GAS LINE G
SANITARY SEWER LINE SAN
WATER MAIN W W
DOMESTIC WATER LINE D
STORM LINE STM
N 0 R T H
0 30
SCALE: 1"=30'
KELLY AGNOR
VAQUERO VENTURES
2900 WINGATE STREET
FORT WORTH, TX 76107
STORM STRUCTURE TABLE
STRUCTURE NAME
STRUCTURE DETAILS
ALIGNMENT:SS LINE A
CONNECT TO EX. MANHOLE
SSA1
STATI ON:0+00.00
RIM = 605.601
8" INV IN = 596.700
ALIGNMENT:SS LINE A
STD. 4' DIA. SSMH
STATI ON:0+09.72
SSA2
RIM = 605.379
6" INV IN = 596.897
8" INV OUT = 596.797
EXHIBIT Al
WASTE WATER
2525 NE
28th STREET
CPN 103973
KEVIN PATEL
TRIANGLE ENGINEERING
1784 W. MCDERMOTT DR. SUITE SUITE 110
ALLEN, TX 75013
(SHEET 3 OF 5)
DATE: NOVEMBER, 2022
PROPOSED
EXPANSION JOINT
(TYP.) SEE TXDOT
DETAILS
J
d
a PROP. -�
10'X10'
tj 41 I W.E.
J
PROP. o
4 d 5'X 10'
W.E. o
oL
REMOVE A J I '
REPLACE
J ` a SIDEWALK
° I SEE TXDOT I
/ a a
7 -
� Iy7
44 / d dp I
4
DUTY J
6" HEAVY DUTY J
(TYP.)
CONCRETE (TYP.)
'AVING
SEE PAVING
=TAILS
DETAILS IYX10' POS EASEMENT
INST.# D212125732
O.P.R. T.C.T.
610.92
PAVING LEGEND
ASPHALT TRENCH REPAIR
1
I
I
I
I II
lJ I I I I
LANE CLOSURES WILL BE
RESTRICTED TO 9AM TO 4PM
ONLY
I
�z 2101 SF 2" MILL &
OVERLAY AREA
UTILITY CONSTRUCTION
POLICY D6
FULL DEPTH
r SAW CUT LIMIT 40 LF
87 SF HMAC PAVEMENT
TRENCH REPAIR
SEE PAVING DETAIL
32 01 17 - D520
REMOVE AND REPLACE
STRIPING SEE
TXDOT DETAIL
87 SF HMAC PAVEMENT
TRENCH REPAIR
I SEE PAVING DETAIL
32 01 17 - D520
FULL DEPTH
SAW CUT LIMIT 40 LF
`-REMOVE AND REPLACE
CURB AND GUTTER
SEE TXDOT DETAIL
NOTE:
FULL -DEPTH SAW CUT ALL
5' SIDEWALK JOINTS MADE FOR REMOVAL OF
SEE TXDOT EXISTING STATE FACILITIES.
DETAIL
I�
ADA MP
SEE S TE
DETAI
5' UTI IfY E,
INS MD21
R.T
may• �
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N
00
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EXHIBIT B
PAVING
U�� KELLY AGNOR 2525 NE
N O R T H VAQUERO VENTURES 28th STREET
2900 WINGATE STREET
0 30 FORT WORTH, TX 76107
SCALE: 1"=30'
CPN 103973
KEVIN PATEL
TRIANGLE ENGINEERING
1784 W. MCDERMOTT DR. SUITE SUITE 110
ALLEN, TX 75013
(SHEET 4 OF 5)
DATE: NOVEMBER, 2022
0 G
CONDUIT 1
23' - 2" SCHEDULE 80
w
5' SOUTHWESTERN BELL
INSTALL:
>
TELEPHONE EASEMENT
VOL.7420PG. 1414
1-240/280 METERED
�
D.R.T.C.T.
PEDESTAL
I
INSTALL:
— — —
— — — — —
GROUND BOX
- — USAE
UGC UGE
CONDUIT 2
49' - 2" SCHEDULE 80
INSTALL:
1-10' WASHINGTON
~
PEDESTRIAN LIGHTS
I
N
INSTALL:
GROUND BOX
r
CONDUIT 3
31' - 2" SCHEDULE 80
L
INSTALL:
1-TYPE 18 POLE
y> I
1-33A POLE ARM
ITION
1-ARTERIAL LED LUMINAIRE
W
I o
I
CONDUIT 4
16' - 2" SCHEDULE 80
y z
Il-.1��J11
b
—
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I I
illl
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�OCC� O
INSTALL:
2-10' WASHINGTON
W
PEDESTRIAN LIGHTS
I
CONDUIT
5
I
49'
- 2" SCHEDULE 80
I5' UTILI*Y EASEMENT
INST. D212125732
. .R.T.C. .
I
/
CONDUIT 6
23' - 2" SCHEDULE 80
INSTALL:
I
gN
GROUND BOX
J
�I /
>I
D
m
m
I
UTILITY LEGEND
UNDERGROUND TELEPHONE LINE UGT EXHIBIT Cl
UNDERGROUND ELECTRIC LINE UGE
GAS LINE G STREET LIGHT AND
SANITARY SEWER LINE SAN>
WATER MAIN w STREET NAME SIGNS
DOMESTIC WATER LINE ° IMPROVEMENTS
STORM LINE STM->
CPN 103973
KELLY AGNOR 2525 NE KEVIN PATEL
N O R T H VAQUERO VENTURES 28th STREET TRIANGLE ENGINEERING
2900 WINGATE STREET 1784 W. MCDERMOTT DR. SUITE SUITE 110
0 30 FORT WORTH, TX 76107 ALLEN, TX 75013
(SHEET 5 OF 5)
S C A L E : 1" = 30' DATE: NOVEMBER, 2022
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
00 42 43
DAP - BID PROPOSAL
Pagel of 5
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
UNIT I: WATER IMPROVEMENTS
1
3311.0141 6" Water pipe
3201.0122 5' Wide Asphalt Pvmt Repair, Industrial
331110
LF
23
$78.35
$1,802
2
320117
LF
35
12 178
3
3305.0206 Imported Embedment/Backfill, Acceptable
Backfill
330510
Cy
26
$4.94
$128.50
4
3305.0109 Trench safety
330510
LF
35
$1.50
$52.50
5
3312.4106 12" x 6" Tapping Sleeve & Valve
331225
EA
1
$5,386
5 386
6
3312.0001 Fire Hydrants
331240
EA
1
$7,258
$7,258
7
3471.0001 Traffic Control
347113
MO
0.1
7,145
$7,145
8
3312.2203 2" Water Service
331210
EA
1
$8,580
$8,580
9
3312.2003 1" Water Service
331210
EA
1
$4,420
$4,420
10
3312.3002 6" Gate Valve
331220
EA
1
3 350
$3 350
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
TOTAL
UNIT I: WATER IMPROVEMENTS
$50 300
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 2525 NE 28th St. - Bid Proposal - 11-03-22
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
00 42 43
DAP - BID PROPOSAL
Page 2 of 5
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
UNIT II: SANITARY SEWER IMPROVEMENTS
1
3305.0109 Trench safety
3305.0206 Imported Embed ment/Backfill, Acceptable
Backfill
3301.0101 Manhole Vacuum Testing
3331.4115 8" Sewer Pipe
3301.0002 Post -CCTV Inspection
330510
330510
330130
LF
10
$3.00
$30.00
2
Cy
15
$48.00
$720.00
3
EA
1
$450
4
331110
LF
10
$150.00
$1,500.00
5
330131
LF
14
$1.50
$21.00
6
3339.1001 4' Manhole
333910
EA
1
$7,879
$7,879
7
3339.1003 4' Extra Depth Manhole
333910
VF
2.6
$758.00
8
3305,0115 Concrete Collar
330517
EA
1
$950.00
$950.00
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 2525 NE 28th St. - Bid Proposal - 11-03-22
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
00 42 43
DAP - BID PROPOSAL
Page 3 of 5
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
UNIT IV: PAVING IMPROVEMENTS
1
3213.0303 6" Concrete Sidewalk
0241.1506 2" Surface Milling
321320
SF
107
$26.00
$2,782.00
2
24115
Sy
78
$50.00
$3,900.00
3
3217.0001 4" SLID Pvmt Marking HAS (W)
321723
LF
80
$32.00
$2560.00
4
3216.0101 6" Conc Curb and Gutter
321613
LF
10
$150.00
$1,500.00
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
TOTAL UNIT IV: PAVING IMPROVEMENTS
$10 742.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 2525 NE 28th St. - Bid Proposal - 11-03-22
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
00 42 43
DAP - BID PROPOSAL
Page 4 of 5
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
UNIT V: STREET LIGHTING IMPROVEMENTS
1
3441.3201 LED Lighting Fixture
3441.1764 Furnish/Install Rdwy Ilium Foundation TY 18
344120
344120
EA
1
$2,500.00
2
EA
1
$4,500.00
$4 500.00
3
3441.3352 Furnish/Install Rdway Ilium TY 18 Pole
344120
EA
1
4
3441.1408 NO 6 Insulated Elec Condr
344110
LF
191
$1019,
$1,932.92
5
3441.3037 Furnish/Install 10' - 14' Washington
Standard Light Pole & Fixture LED
3441.1405 NO 2 Insulated Elec Condr
3441.1772 Furnish/Install 240-480 Volt Single Phase
Transocket Metered Pedestal
3441.1501 Ground Box Type B
344120
EA
4
$3,500.0
$14,000.0
6
344110
344120
LF
191
$5.00
$955.00
7
EA
1
$1500.0
1 $4,500.00
8
344110
EA
3
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
30
31
32
33
34
35
36
37
38
39
40
42
43
44
45
TOTAL UNIT V: STREET
LIGHTING IMPROVEMENTSI
$44,887.92
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 2525 NE 28th St. - Bid Proposal - 11-03-22
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
00 42 43
DAP - BID PROPOSAL
Page 5 of 5
Bidder's Application
Project Item Information
Bidder's Proposal
Bidlist Item
Specification
Unit of
Bid
Description
Unit Price
Bid Value
No.
Section No.
Measure
Quantity
Bid Summary
UNIT I: WATER IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V: STREET LIGHTING IMPROVEMENTS
This Bid is submitted by the entity named below:
BIDDER:
HCI Commercial, LLC.
Contractor agrees to complete WORK for FINAL ACCEPTANCE within
CONTRACT commences to run as provided in the General Conditions.
Total Construction
BY:
TITLE: Project Manager
DATE: 12/122022
END OF SECTION
$50,300
$13520.80
90 working days after the date when the
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 2525 NE 28th St. - Bid Proposal - 11-03-22