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HomeMy WebLinkAboutContract 47936 Developer and Project Information Cover Sheet: Developer Company Name: TopGolf USA Ft. Worth, LLC Address, State, Zip Code: 8750 N Central Expy#1200, Dallas TX 75231 Phone & Email: 866-867-4653, Dallas, TX 75231 Authorized Signatory, Title: Dale Mauch , Project Manager Project Name and Brief Topgolf Fort Worth Description: Project Location: 2241 E 411, St, Fort Worth TX 76102 Plat Case Number: FS-15-252 Plat Name: Trinity Bend Addition Mapsco: 63T and Council District: 8 City Project Number: 100329 63U CFA Number: 2016-052 DOE Number: None To be completed by staff Received by: Date: s� RECEIVED OFFICIAL RECORD JUN 30 2016 City of Fort Worth, Texas CITY SECRETARY C►TYOFFORTWORTH Standard Community Facilities Agreement FT. WORTHY TX C"SECRETARY CFA Official Release Date: 10.07.2015 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. � - 1 WHEREAS, TopGolf USA Ft. Worth, LLC, ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Topgolf Fort Worth (`"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 re per's contractor(s) City of Fort Worth, Texas OFFICIAL RECORD Standard Community Facilities Agreement CITY SECRETARY CFA Official Release Date: 10.07.2015 Page 2 of 11 FT. WORTH'TX 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) M. Sewer(A-1) ®, Paving (B) N. Storm Drain(B-1)':,u. 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 CFA Official Release Date: 10.07.2015 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. 1. 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 CFA Official Release Date: 10.07.2015 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 damages are caused, in whole or in part, by the alleged negligence of the City 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 CFA Official Release Date: 10.07.2015 Page 5of11 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 CFA Official Release Date: 10.07.2015 Page 6 of l l 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 7of11 Cost Summary Sheet Project Name: Topgolf Fort Worth CFA No.: 2016-052 DOE No.: <DOE#> 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 Developers Cost A. Water and Sewer Construction 1. Water Construction $ 114,919.50 2.Sewer Construction $ 37,508.40 Water and Sewer Construction Total $ 152,427.90 B. TPW Construction 1.Street $ 34,847.00 2.Storm Drain $ - 3.Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ 34,847.00 Total Construction Cost(excluding the fees): $ 187,274.90 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 3,048.56 D. Water/Sewer Material Testing Fee(2%) $ 3,048.56 Sub-Total for Water Construction Fees $ 6,097.12 E. TPW Inspection Fee(4%) $ 1,393.88 F. TPW Material Testing(2%) $ 696.94 G. Street Light Inspsection Cost $ - H. Signals Inspection Cost $ H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 2,090.82 Total Construction Fees: $ 8,187.94 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 187,274.90 x Completion Agreement=100%/Holds Plat $ 187,274.90 Cash Escrow Water/Sanitary Sewer=125% $ 190,534.88 Cash Escrow Paving/Storm Drain=125% $ 43,558.75 Letter of Credit=125%w/2yr expiration period $ 234,093.63 City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 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 TopGolf USA Ft. Worth, LLC Jesus J. Chapa -�2;d A��111--L Assistant City Manager Name: Dale Mauch Title: Project Manager Date: (Q •3c P lr6 Date: Recommended by: ATTEST: (Only if required by Developer) Wendy Chi- abulal, EMBA, P.E. Development Engineering Manager Signature Water Department Name: Douglas' . Wiersig, P.E. Director Transportation & Public Works Department Approved as to Form & Legality: ATTEST: Richard A. McCracken 'Mary J. s Assistant City Attorney City Secretary 1 S M&C No. Date: 1 z s: 0014-- City of Fort Worth, Texas OFFICIAL RECORD Standard Community Facilities Agreement CITY SECRETARY CFA Official Release Date: 10.07.2015 FT.WORTH, TX 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 ® Exhibit A: Water Improvments Water Cost Estimate ® Exhibit A-1: Sewer Improvements Sewer Cost Estimate f$ Exhibit B: Paving Improvements Paving Cost Estimate Exhibit 13-1: Storm Drain Improvements .�i Storm Drain Cost Estimate Exhibit C: Street Lights and Signs Improvements ® Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 10 of 11 ATTACHMENT "1" Changes to Standard Agreement Community Facilities Agreement City Project No. 100329 None City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 11 of 11 LP v, n G) Southwe ernational , i Trucks,l Pittsburg PI e�� Greenway ►i�t Air_pLort�F..wy 121 r e09 .4 ( y �a '? -Rouse-St ntal�, cc 2 E UtSt- PROJECT �``� 7 '2' ' 7, LOCATION Chenault Si S� Martin House wing Company ® �3' E 4th St y GO t Galvez Ave gt ( < r c� BROCKETTE/DAVIS/DRAKE, INC. VICINITY MAP DATE: 05/26/16 consulting engineers SCALE: N.T.S. CW d&Structural Engineering•Sins Texas Regetered Emig Fin F-a41 TOP GOLF 4144 North Central Exprem—tv.Suite 1100 °U;'824-3"7-,d 2`,82470, FORT WORTH, TEXAS NORTH 1 4 1 CONNECT TO EX 12' WATER / 1 ,LINE (CUT AN REMOVE EX 12' r►S SHOWN) 1 INNSTALL: 12' 45' HORIZ BENDS �1 �1 12' VALVE / 1 :1 1 / 11 CONNECT' TO EX 12" WATER LINE'(C(JT AN REMOVE EX 12' 12 II AS SHOWN) 12' 45' HORIL BENDS 117112 VALVE 1I II I INSTALL: x I - INSTALL• 1-120 TEE ( II 1-12*X60 TEE 1-12 PLUG / ! II 1-6 VALVE 1—FIRE HYDRANT INSTALL- 1—1 r NSTALL:1-1Y TEE Q 1-12' PLUG INS T - _ ? I I 1-12'X ' ANCHOR TEE a 1-6' V VE I - 1-6' D DETECTOR CHECK VE W/ VAULT (FIRE) EAST Ah ' f 1-12'X4' 1-4' VALVE 1-3' METER W VAULT INSTALL 1-120X6' ANCHOR TEE Ex 1-6' VALVE Ex '' \ 1-12' VALVE 1—FIRE HYDRANT 1-2' SERVICE (IRRIGATION) EXHIBIT A BROCKRAKE, INC. DATE: 05/26/16 tng engineers WATER IMPROVEMENTS Civil &Structural ;ng.Surveying SCALE: 1"=200 TmaRe�tered ErgmwfFvm F-0l TOP GOLF 4141 North Central Exoressway,Suke'100 ON)ar.ra l r.�Tex" 'SZ°' FORT WORTH, TEXAS ON)r.r Mrw024-70" NORTH ue i � A 1 / REMOVE EX SAN[T Y SEWER MANHOLE i 1 / SII \ 1 OEX SS MH {{ EX Ss CONST. STD 4' 113 FL So ou FULL DEPTH SAWCUT; — REMOVE & REPLACE o CONC. PAVEMENT o S.{ so CONNECT TO EX SS MH - BEGIN 8' SS LINE EX RIM-521.42 EIST.4th, FL EX 8'=514.34* - FL 8'=514.50 I �� I / CONT. STD 4' DIA SS MH \ %/ CONST. 8' SANITARY RIM-521.01 EX SS MH_ / SEWER LINE FL 80.^515.20 v ZAJ�EX SS MH FL 8" W*R515.10 EXHIBIT A-1 BROCKDAMS/DRAKE, INC. SEWER IMPROVEMENTS DATE: 05/26/16 conautting ng engineers gineere SCALE: 1"=200' Civil&51TUC[ural Engineering•Surveying Tens Registered B*iieming Fern F841 TOP GOLF 4144 North Central Expressway,Suite 1100 Dallas,Texas> .es(ZW)8xrobr FORT WORTH, TEXAS NORTH 1►'� 1� � � 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � I II N I B RRIER I I � EER P I CONST. 5' CONC — — — SIDEWALK CON FR R> o z CONST. 5 C SIDEWALK = I CONST. BARRIER FREE RAMPS I o CONST. 5' CONC SIDEWALK REMOVE EX. CURB do GUTTER AND CONST, STD CONC. DRIVE CONNECT TO APPROACH PER CITY OF FT. EXISTING CONC, WORTH STD DETAILS & SIDEWALK SPECIFICATIONS MOVE EX CURB do GUTTER AND CONST. STD CONC. DRIVE APPROACH PER CITY OF FT. WORTH STD DETAILS & SPECIFICATIONS EXHIBIT B BRO Caine ngineeS/DRAKE, INC. PAVING IMPROVEMENTS DATE' 05/26/16 conautting engineers SCALE: 1'=�00` Civil&sm,tcural e77g m F-"l TOP GOLF Texu Reguend Finn F-841 4744 North CenuW Exo,es y,Suke 7700 T-" n'°' c:w 7&24-3W.w(M)el+goes FORT WORTH, TEXAS NORTH 00 42 43 DAP-Bm PROPOSAL Page 1 of 2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. I I Section No. Measure Quantity UNIT 1:OFFSITE WATER IMPROVEMENTS 1 3311.0441 12"Water Pipe 3311 10 LF 331112 1,380 $ 29.00 $ 40020.00 2 3312.3005 12"Gate Valve 33 12 20 EA 3 $ 2,250.00 $ 6,750.00 3 3312.3002 6"Gate Valve 33 12 20 EA 2 $ 850.00 $ 1,700.00 4 3312.0001 Fire Hydrant 33 12 40 EA 2 $ 3,600.00 $ 7,200.00 5 3305.0109 Trench Safety 33 05 10 LF 1,380 $ 1.00 $ 1 380.00 6 13311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 2 $ 4,500.00 $ 9,000.00 7 0241.1118 4"-12"Pressure Plug 0241 14 EA 2 $ 500.00 $ 1,000.00 8 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 1 $ 1,000.00 $ 1 000.00 9 0241.1015 Remove 12"Water Line 0241 14 LF 680 $ 8.00 $ 5,440.00 10 3311.0106 Imported Embedment/Backfill,Crushed 3311 10 LF 331112 1,380 $ 7.00 $ 9,660.00 11 .0100 Mobilization 01 7000 LS 1 $ 1,480.00 $ 1,480.00 12 13312.0001 3"Water Meter and Vault DOM 3312 11 EA 1 $ 12,500.00 $ 12 500.00 13 3312.0001 2"Water Service IRR 33 12 10 EA 1 $ 11500-00 $ 1,500.00 14 3311.0039 6"Water Pipe(Fire Line) 33 11 10 LF 3311 12 25 $ 25.00 $ 625.00 15 3305.0116 Concrete Encasement for Utility Pipes 3305 10 CY 5 $ 135.00 $ 675.00 Subtotal $ 99,930.00 15%Contingency $ 14 989.50 TOTAL UNIT I:OFFSITE WATER IMPROVEMENTS $ 114,919.50 UNIT It:SANITARY SEWER IMPROVEMENTS 1 0241.1000 Remove Conc Pvmt 0241 15 SY 12 $ 40.00 $ 480.00 2 3201.0616 Conc Pvmt Repair,Arterial/Industrial 3201 29 SY 12 $ 40.00 $ 480.00 3 3305.0109 Trench Safety 33 05 10 LF 250 $ 2.00 $ 500.00 4 3471.0001 Traffic Control 3471 13 MO 1 $ 2,000.00 $ 2,000.00 5 3339.1001 4'Manhole 33 39 10 EA 33 39 20 1 2 $ 3,650.00 $ 7,300.00 6 13301.0101 Manhole Vacuum Testing 3301 30 EA 2 $ 100.00 $ 200.00 7 3331.5305 8"PVC Sewer Pipe,6'to 8'(Mist Only),CSS 33 05 10 LF Backfill 225 $ 31.00 $ 6,975.00 8 3305.0202 Imported Embedment/Backfill Crushed Rock 3305 10 CY 50 $ 4.50 $ 225.00 3311.0225 8"Sewer Pipe,CSS Backfill 3311 10 9 LF 331112 225 $ 8.00 $ 1,800.00 10 0241.2013 Remove 8"Sewer Line 0241 14 LF 538 $ 20.00 $ 10,760.00 11 10241.2201 Remove 4'Sewer Manhole 0241 14 EA 1 $ 1,000.00 $ 1,000.00 12 3301.0002 Post-CCN Inspection 3301 31 LF 223 $ 2.00 $ 446.00 13 3331.0001 6"Sewer Service 3331 50 EA 1 $ 450.00 $ 450.00 Subtotal $ 32 616.00 Contingency $ 4.892.40 TOTAL UNIT It:SANITARY SEWER IMPROVEMENTS $ 37,508.40 UNIT IV:PAVING IMPROVEMENTS 1 0241.1300 Remove Conc CurbBGutter 0241 15 LF 240 3.00 $ 720.00 2 3213.0403 8"Concrete Driveway 32 13 20 SF 2,400 $ 5.50 $ 13 200.00 3 3213.0312 5"Conc Sidewalk Ad'acent to Curb 32 13 20 SF 3,006 4.50 $ 13 527.00 4 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 6 $ 650.00 $ 3,900.00 5 3417.0001 Traffic Control 3471 13 MO 13 500.00 $ 350000 TOTAL UNIT IV:OFFSITE PAVING IMPROVEMENTS $ 34,847.00 Bid Summary UNIT I:OFFSITE WATER IMPROVEMENTS $ 114 919.50 UNIT II:SANITARY SEWER IMPROVEMENTS $ 37 508.40 UNIT IV:PAVING IMPROVEMENTS $ 34 847.00 Total Construction Bid $ 187,274.90 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version Apel 2,2014 Topgolf 00 42 43-Bid Pmpaed_DAP