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Home My WebLink AboutContract 49618 Developer and Project Information Cover Sheet: Developer Company Name: QuikTrip Corporation Address, State,Zip Code: 1120 N. Industrial Blvd. Phone&Email: 817-786-8707,mpotter@quiktrip.com Authorized Signatory,Title: Joseph S. Faust ,Director of Real Estate Project Name: QuikTrip 0883 Brief Description: Water, Sewer,Paving, Storm Drain Project Location: NW Corner of Basswood Blvd&IH-35W Plat Case Number: FS-16-260 Plat Name: QT 883 Addition Mapsco: 35 Council District: 2 CFA Number: 2017-104 City Project Number: l 00957 To be completed by staff.• Received by: Date: r 7 O, OFFICIAL RECORD F�ECEiv�p N CITY SECRETARY FT,WORTH, TX ore l City of Fort Worth,Texas Standard Community Facilities Agreement-QuikTrip 0883 CFA Official Release Date: 02.20.2017 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. q�I R_ WHEREAS, QuikTrip Corporation , ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto("Improvements")related to a project generally described as QuikTrip 0883 ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS,any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the Project. NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein,the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth,Texas Standard Community Facilities Agreement-QuikTrip 0883 OFFICIAL RECORD CFA Official Release Date:02.20.2017 CITY SECRETARY 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) ®, Sewer(A-1) ®, Paving(B) 0, Storm Drain(B-1) ®, Street Lights & Signs (C) P. 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-QuikTrip 0883 CFA Official Release Date:02.20.2017 Page 3 of 11 iii. To require the contractor(s)it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. I. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. City of Fort Worth,Texas Standard Community Facilities Agreement-QuikTrip 0883 CFA Official Release Date:02.20.2017 Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character,whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees, whether or not such 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 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-QuikTrip 0883 CFA Official Release Date: 02.20.2017 Page 5 of 11 N. Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent(2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period,the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two(2)years from the date of this Agreement(and any extension period) the Improvements have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for City of Fort Worth,Texas Standard Community Facilities Agreement-QuikTrip 0883 CFA Official Release Date: 02.20.2017 Page 6 of 11 construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement-QuikTrip 0883 CFA Official Release Date: 02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: QuikTrip 0883 CFA No.: 2017-104 City Project No.: 100957 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 $ 94,032.75 2.Sewer Construction $ 108,119.00 Water and Sewer Construction Total $ 202,151.75 B. TPW Construction 1.Street $ 134,214.27 2.Storm Drain $ 74,809.79 3.Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ 209,024.06 Total Construction Cost(excluding the fees): $ 4111175.81 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 4,043.04 D. Water/Sewer Material Testing Fee(2%) $ 4,043.04 Sub-Total for Water Construction Fees $ 8,086.08 E. TPW Inspection Fee(4%) $ 8,360.96 F. TPW Material Testing(2%) $ 4,180.48 G. Street Light Inspsection Cost $ - H. Signals Inspection Cost $ H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 12,541.44 Total Construction Fees: $ 20,627.52 Choice Financial Guarantee Options,choose one Amount Mar*one Bond=100% $ 411,175.81 x Completion Agreement=100%/Holds Plat $ 411 175.81 Cash Escrow Water/Sanitary Sewer-125% $ 252 689.69 Cash Escrow Paving/Storm Drain=125% $ 261 280.08 Letter of Credit=125%w/2yr expiration period $ 513 969.76 City of Fort Worth,Texas Standard Community Facilities Agreement-QuikTrip 0883 CFA Official Release Date:02.20.2017 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER QuikTrip Corporation Jests—J. Chapa Assistant Ci Manager Date: �--1� N me: Jos ph S. Faust Recommended by: Tit : Director of Real Estate &L LI Date: d s' Wendy C (-B�ab'ulal, EMBA, P.E. ATTEST: (Only if required by Developer) Development Engineering Manager Water Department / L � W I - %' Signature Douglas . Wiersig, P.E. y Name: Director Transportation &Public Works Department Contract Compliance Manager: Approved as to Form &Legality: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Richard A. McCracken requirements. Assistant City Attorney M&C No. N�f'� Date: ,n Name: Janie Morales Form 1295: N /`7� Title: Development Manager ATTEST: ORT O�F. .�0 ary J. City Seca y TE)( - City of Fort Worth,Texas Standard Community Facilities Agreement-QuikTrip 0883 FOFFICIALECORD CFA Official Release Date: 02.20.2017 Page 9 of 11 ETARY . ",TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment Attachment I -Changes to Standard Community Facilities Agreement Location Map Exhibit A: Water Improvements ® Water Cost Estimate ® Exhibit A-1: Sewer Improvements ® Sewer Cost Estimate ® Exhibit B: Paving Improvements ® Paving Cost Estimate Exhibit B-1: Storm Drain Improvements ® 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-QuikTrip 0883 CFA Official Release Date: 02.20.2017 Page 10 of 11 ATTACHMENT"I" Community Facilities Agreement City Project No. 100957 Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shalt have the meanings ascribed to those tenns in Section 808.001 of the Texas Government Code. By signing this contract,Developer certifies that Developer's signature provides written ver cation to the City that Developer.(1)does not boycott Israel,and(2) )Pill not boycott Israel during the tern:of the contract. DEVELOPER Quik Trip Corporation 4 Joseph S. Faust itle: Director of Real Estate Date: l 'T City of Fort Worth,Texas Standard Community Facilities Agreement-Quik Trip 0883 CFA Official Release Date:02.20.2017 Page 11 of 11 287 0 w 0 PROJECT _ LOCATION Z Z 0 a O 0 Z 0 2 LU J m BASSWOOD BLVD 35W WESTERN CENTER BLVD OWNER/DEVELOPER: QUICKTRIP CORP. 3 irkmanQUIKTRIP No. 0883 4706 SOUTH 129TH EAST AVENUE TULSA OK 74134-7008 4921 Merlot Avenue,Suite 210 PHONE:(919)615-7147 4821 Texas 76051 DATE.JULY 2017 Phone:817-498-4960 i I REWINOER OF GLLEO 65.5010 ACRES mssm 100 OEY£LORYEN7,LTD I I CCF.NO. 0707711917, O.R.R.I.CT. I i I l 16'GATE VALVE I 16"WL ' 16"W� c')3oa REWINOER OF } CAL LED 65.5010 ACRES zir0 B4SSWV00 MEZOPNEW,,LlD C.C.F. NO. 0707741917, O.P.R.IC.T. i I 20'WATER EASEMENT I I qm W55 W55 3 I CALLED 7.760 ACRES V 00WRIP CORPORA770N U I C.C.F.NO. 07171515J6, O.P.R.T.CT. • EX.1 s'wL 3 - - - - - - - - - 16"WL • - — BASSWOOD BOULEVARD — — —+ (VAABLE-WIDTH R.O.W.) _ — – —(QC. .NO.RID199011416,O.P.R.T.C.T.) — I 16"GATE VALVE 1 LEGEND PROPOSED WATER LINE,FH,GV "— EX.WATER LINE,FH,GV r GATE VALVE FIRE HYDRANT NOTE:ALL PROPOSED WATER LINES ARE 8'UNLESS OTHERWISE NOTED. EXHIBIT A-WATER OWNER/DEVELOPER: QUICKTRIP CORP. irk 3 0 200 QUIKTRIP No. 0883 4705 SOUTH 129TH EAST AVENUE MSA,OK 74134-7008 4821 Merlot Avenue,Suite 210 PHONE:(918)615-7147 Grapevine,Texas 76051 GRAPHIC SCALE DATE -ULY20? Phone:817-498-4960 REAWNDCR OF C41LED 85.500 ACRES 6:4SSMOOD 0EY£LOPAEK,,LTD C.C.F. NO. 0707711917, O.P.R.T.CT. I I MANHOLE MANHOLE I sh3c ' RE4WND£R OF °a CALL£D 65.500 ACRES ]XO I Xm BASSMOOD DEH"LOPH£N, vD 35'SEWER 2 C.C.F. NO. D7D7741947,O.P.R.T.CT Lu__ EASEMENT VARIABLE WIDTH G44LED 7.780 ACRES F- Z SEWER EASEMENT ODUTRP CORPORAMN 2ti iMANHOLE C.C.F.NO. 0717157578, OP.R.T.CT. MANHOLE u I MANHOLE I 10"SSWR c-, 0' SV� — — — — — — BASSWOOD BOULEVARD — — EX.10"SSWR / —� — IVNO.D1 E-WIDTH O.P.W.) —� _1— — --- — — _(C.C. .NO.0199011416,O.P.R. .C.T.)' — — LEGEND PROPOSED SEWER LINE -9-— EX.SEWER LINE • MANHOLE NOTE:ALL PROPOSED SANITARY SEWER LINES ARE 10'UNLESS OTHERWISE NOTED. EXHIBIT Al -WASTEWATER ® OWNER/DEVELOPER: QUICKTRIP CORP. 3 Irkman0 200 Q U I KT RI P No. 0883 4705 SOUTH 129TH EAST AVENUE TULSA,OK 74134-7008 PHONE:(916)615-7147 4821 Merlon Avenue,Suite 210 Grapevine,Texas 76051 GRAPHIC SCALE ua,r. .ULY201 Phone:917-M-4960 REMUMER OF CALLED 65.500 ACRES B45SWOOD DEMOWYENT,00 I i CCF.NO.0707241947, O.P.R,r.C7. ( I I I ( REAWNDER OF I ALL£D 65.500 ACRES BASSWOOD D£4£LOPA/£NT, t C.C.F. M7. 070771/917, O.P.R.T.CT. � F i mIXI y a f CALLED 7.760 ACRES WIMP CORPORATON T.0T.CCF.NO. 0717157518, O.P.R. f a`G f QWl' BASSWOOD BOULEVARD — — — —� — (VIA ARBWI LE- DTH R.O.W.) — —J — — — — (C.C.F.NO.D199011416,O.P.R.7.C.3.)— — ) LEGEND WAY CONCRETE PAVEMENT PROPOSED SIDEWALK CONCRETE PAVEMENT EXHIBIT B - PAVING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ® OWNER/DEVELOPER: 0 200 QUIKTRIP No. 0883 QUICKTRCORP. KAST4705 SOUTH 129THHEE AVENUE TULSA.OK 74134-7008 PHONE:(916)615.7147 4821 Me Avenue,Suite 210 Grapevine,Texas 76051 GRAPHIC SCALE DATE JULY 2017 Phone.-817-488-4960 R£MNNOER OF CALLED 65.500 ACRES 54SSNOM OEWLOPNENT LTD C.C.F. NO. D207741917, O.P.R.ECT. I I RELN/NDER OF . GILLED 61500 ACRES B45SWOOD DEMO 1I£NT,LTD .� CCF. NO. 070774/917,O.P.R.TCT I �- GILLED 2,280 ACRES 0WIRIP CORPWN 1h3� i 1 CCF. NO. camp" D21215717Q O.P.RTCT, Oa 3:1 HEADWALL PARALLELo< HEADWALL 3:1 HEADWALL Qw 45°FLARED i I ��o 4, HEADWALL Ic°z ` 18"RCP - - - - - - - - - - -� - - - - - - - - - - - - - - - -, BASSWOOD BOULEVARD - — — —� (VARIABLE-WIDTH R.O.W.) — — (C.C.F.NO.D199011416,O.P.R.T.C.T.) EXHIBIT B1 -STORM DRAIN ® OWNER/DEVELOPER: 0 200 QUIKTRIP NO. 0883 QUICKTRE CORP. 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