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HomeMy WebLinkAboutContract 40064COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary Contract No. 400 � y 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: Ft. Worth (Sycamore) DTP II, LLC Authorized Signatory: Geren Moor Title: Secretary Project Name: Dollar General Retail @ Sycamore School Road Project Location: 1250 Sycamore School Road Additional Streets: Hemphill Street Plat Case No.:009-016 Plat Name: Fort Worth DTP Addition Mapsco: 104H Council District: 6 City Project No: 01457 To be completed by zap Received Date: CFA: 2009-059 DOE: 6349 OFFAL RECORD CITY SECRETARY � . WORTf q TX 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) X '= Paving (B) X' Storm. Drain (B-1) Street Lights & Signs (C) _. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy and the 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 department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets and/or prequalified to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and. same will be evidenced on the ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install or relocate any 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 Department. G. Developer agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the improvements required herein. I. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, 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 form to be promulgated by the City. N. Upon completion of all work associated with the construction of the infrastructure and improvements, Developer will assign to the City a non= exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with 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: Dollar General @ Sycamore School Road CFA No.: 2009-059 DOE No.: 6349 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 a. Water Construction 2. Sewer Construction a. Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain TPW Construction Cost Sub -Total Total Construction Cost (excluding the fees): Construction Fees: C. Water/Sewer Inspection Fee (2%) D. Water/Sewer Material Testing Fee (2%) Sub -Total for Water Construction Fees 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: Financial Guarantee Options, choose one Developer's Cost 165.00 51 360.00 59,525.00 14010 14,010.00 73,535.00 $ 1,190.50 $ 1,190.50 $ 2,381.00 560.40 280.20 $ 840.60 $ 3,221.60 Amount Choice (ck one Bond = 100% $ 73,535.00 Completion Agreement = 100% / Holds Plat $ 73,535.00 Cash Escrow Water/Sanitary Sewer= 125% $ 74,406.25 Cash Escrow Paving/Storm Drain r= 125% $ 17,512.50 Letter of Credit = 125% w/2yr expiration period $ 91,918.75 ° IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its naive 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 I441\ q pday of , 20 t 0 . CITY OF FORT WORTH - Recommended by: Water Department Wendy C 4 Babulal, EMBA, P.E. Development Engineering Manager Approve as, o Form & Legality: Amy J. Ra sey Assistant C Attorney ATTEST: Marty Hendrix City Secretary ATTEST Signat (Print) Name: Fl Transportation & Public Works Department William A. erkes Director Approved by City Manager's Office teeasta j•Z—• Fernando Costa A4ss�t�aar t�Cuinty Manager a.�� *087' %h ,Cto° %Arf;\ Flay ° tkoa Fed 0 pi tbo P e 4 °°boaoa .r41 tti 's2 ,,� 11:54.1aaral"......5......i.r.""4111.4."1.141.44"1154hat2i0 NO M&C REQUIRED Ft. Worth (Sycamore) DTP II, LLC 6y : QoIt&vTUpA� Signature Print Name: Geren Moor Title: Secretary OFFICIAL itAMO CITY SECRETARY FT. WORTH, TX Combined CFA final Sept 12, 2008 8 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate // ►1 n (Remainder of Page Intentionally Left Blank) 9 Opinion of Probable Project Cost: Dollar General Fort Worth TX Sycamore School Road City of Fort Worth - CFA 1-Dec-2009 3/18/2010 (Rev.) Vnmber<, terns eserip(ion Umt WATER IMPROVEMENTS unit Price Plan Total 6" DIP Waterline LF 25 $75.00 $1,875.00 Fire Hydrant Assembly w/6" Gate Valve EA $2,300.00 $2,300.00 Water Meter and Meter Box EA 2 $700.00 $1,400.00 Waterline Trench Safety LF 25 $20.00 $500.00 Testing (Hydrant and Domestic Tap) EA $140.00 $140.00 8" x 6" Tapping Sleeve and Valve EA 1 $500.00 $500.00 Domestic service connection EA $350.00 $350.00 4" Solid Double Yellow Line, Paint LF 100 $1.00 $100.00 Remove Asphalt Pavement SY 100 $10.00 $1,000.00 SUBTOTAL.. $8,165.00 SANITARY SEWER 8" Sanitary Sewer Gravity LF 328 $40.00 $13,120.00 Sanitary Sewer Manhole EA 3 $4,500.00 $13,500.00 Post TV inspection LF 328 $2.50 $820.00 Vacuum Test New Manhole EA 3 $85.00 $255.00 Sewer Line Trench Safety LF 325 $20.00 $6,500.00 Sewer Line Connection EA 1 $750.00 $750.00 Bored Crossing LF 50 $300.00 $15,000.00 Sod, Seeding and Mulching AC 0.19 $5,000.00 $950.00 Perimeter Filter Fabric Fence LF 155 $3.00 $465.00 SUBTOTAL: $51,360.00 PAVING IMPROVEMENTS 2" HMAC Surface Course (Type "D" SY 90 $9.00 $810.00 8" 2:27 Concrete SY 90 $35.00 $3,150.00 4' Concrete Sidewalk SF 510 $5.00 $2,550.00 Driveway SF 750 $10.00 $7,500.00 SUBTOTAL: $14,010.00 RUNNING TOTAL $73,535.00 Since we do not have control over the cost of labor, materials or equipment, or over the Contractor's method of costing in the marketplace, the opinion of probable cost as herein stated is made on the basis of our experience and qualifications and represent our best judgement as a design professional familiar with the construction industry. However, we cannot guarantee that bids or the construction cost will not vary from these probable cost opinions. Fort Worth CFA estimateVOIDaxls 1 / 1 3/18/2010 STEINBURG BURMEISTER MANOR 0 ft 0 m NYC MO E CLARENDO SPICE WILD 0 w a Hoilmok\ Pork// SCH(!OL PARKWAY IOCATION MAP BELLVI E HALLBRCOK G VICTORGEORANIAN CHATE U COTIL ION F ANCISC N Dollar eneral Corporation Fort Worth, Texas Sycamore School Road CIVIL ENGINEER GRESHAM SMITH AND PARTNERS 511 Union Street 1400 Nashville City Center Nashville, Tennessee 37219 Phone: (615)770-8100 GSP #27184.13 j LOCATION MAP SCALE. I• Toro' T 0 0 .m 100 200 DWNER. PRIVILEGE PROPERTIES LTD. 6001 WHISPERWGCD COURT CRANBURY, TEXAS 78048-7580 SURVEYOR'. GRANT ENGINEERING, INC. 3244 HEMPHILL STREET FORT WORTH, TEXAS 7E110-4014 817-923-3131 VOICE 817-923-4141 FAX JCHN A. GRANT, III, RPLS iacton13Gool.com Iggr- CITY PLAN COMMISSION CITY OF tot otAl r. 10 ORS PLAIoars or (CO WORTH, TEXAS onto. GECTUARy PLAT RECORDED !NSTRUMENS NO DATE LOT 10t LAO1 IL; LO1 IA CT C o 0 tT La ❑D Lio tot tot 7 S Y • LAND OILIIIAT Cr TOPs. inci toot 1:0188.1.2o —J Ltd • / Q.IC $ 1- CO to Fc At'N „vPt4'<xl�ts. tlo EAST 154E10' LO1 BLOCKK• CtItcAtCO-1 Ut 15508 ." or prclNNlNC S 874.5 34" W 155.0E' TOO I SCHOOL R 0 A 0 • tr At SOW e 9'i_ R*IfICALE Grant Engineering, Inc. Engineers Surveyors lannm 324911emphill Street Fon Womb, Tens 761 IO O14 8I7-023-3131 GITTET :CHIT SOOTATA: APLANC riTICKPAINIG, AND 04 NOVA.. 4: h1/51 CliMa.t1.1 f 'dam Lit* at ;041 UT 'TOT Ulf TT ACLU": TOC Ott Or TM ITATTA TALL KT( IIIGTIT la MOH TO ACT POND ALL AA• PACI AUG IT8 TOTAL Tani TWIST a CITAITLI5BCO LIN Imr IN -ROYAL aol Or WA APPLGATTOTT. Knoll IS itti80 ruotw.r NI*11.514415. Elsa alp motor. eAvtorol ittom. woof Att.-Rococo.. tittoroa, ..o4 ;TOT it • Tot Orr Or FORT Atil NOI Rrottiototc oto oNnit Nutt Of INNATE VICCETI, OPT:. AGREE TO PLOCITTry Aso TIALTLAT IT alio or Aoki ADAC,. TOAST INT [TT OTACLI TO LOOT NE1 LOT AREA 63,509 SF 14560 ACRES R/W DEDICAION rS •.744 sr FINAL PLAT LOT 7, BLOCK 1 FORT WORTH DTP ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS A 1 4855 ACRE TRACT GUT OF THE CONEEACIC) HERRERA SURVEY, ABSTRACT NO 2327 ACCORDING TO THE DEED RECORDED AT CLERK'S FILE NO. D208233529 DEED RECORDS, TARRANT COUNTY, TE%AS NOVEMBER, 2009 148E5 ACRES 1 NON-RESIDENTIAL LC' OP — 028 THE CITY OF FORT WORTH, TEXAS PLANS FOR CONSTRUCTION OF SANITARY SEWER AND WATER IMPROVEMENTS FOR DOLLAR. GENERAL STORE FORT WORTH - DTP ADDITION: LOT 1, BLOCK 1 SYCAMORE SCHOOL ROAD MIKE MONCRIEF MAYOR DALE A. FISSELER, P.E. CITY MANAGER WILLIAM A. VERKEST, P.E. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT S. FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT D.O.E. NO. E349 FILE NO. X-21198 WATER PROJECT NO. F'265-606150145783 SEWER PROJECT NO P275-70bl30145783 CITY PROJECT NO O45' L vI Nyil �JO 1,5 1 ] S PM�rjP K iR. " hM „LAND 1G fq ALV3I m ` 0FRH4nP( All /.r„A Lvn;ex SBURG IEINMUCK" I \ „EDIIR 1 II Nu� M ROY5ICR An ON �Z. kY MAND P NCVEN A W f r5r SCDy nnI LLRP POK CEO AN z GNEC ` RENi1 [LORtri AN P cnn PNE l �. cx cc LIL ION ;p 'Infirm . NCI SY. 0�/p/pgg 1+1 F SC 0 'CAD CLAN NI SUNNY ) Liw�+C Pi.- c 0 PIC WIIO N N 'AFf,� S 1 er\h E RI P sv NSLLP MOR F'�W PARKWAY ,_ \ // LOCATION MAP MAPSCO NO. COUNCIL DISTRICT 101 H 6 OWNER/DEVELOPER GBT Realty Corporation 201 Summit View Drive, Suite 110 Brentwood, Tennessee 37027 Development Contact: Bob Gage Email: bgage@gbtreatty.com Construction Contact: Don Robinson Email: drobinson@gbtreatty.com Phone: (615)370-0670 Fax: (615)515-4065 ENGINEERING CONSULTANT Lf GRESHAM SMITH AND PARTNERS TEXAS REGISTERED ENGINEERING FIRM F-3629 1400 Nashville City Center, 511 Union Street Nashville, Tennessee 37219 Contact: Mike Hunkler Phone: (615)770-8156 Fax: 1615)770-8189 Email: mike_hunkler@gspnet.com MARCH 2010 X-21198 ORTH SHEET INDEX SHEET INDEX DESCRIPTION C0.1 COVER SHEET C60 PLAT UNIT I; WATER IMPROVEMENTS C5.0 WATER AND SEWER GENERAL NOTES C5.1 SYCAMORE SCHOOL DRIVE- E' SEWER LINE PLAN 4 PROFILE - STA. 0+00 TO STA. 3+22 C5.2 SYCAMORE SCHOOL DRIVE- NEN TIRE HYDRANT • STA. 0+00 TO STA. 0+25 C5.3 EROSION 3 SEDIMENT CONTROL FLAN C5.4 FINAL STORM WATER MANAGEMENT PLAN C55 EROSION & SEDIMENT CONTROL LET AILS C5.G TRAFFIC CONTROL PLAN Co.1 UTILITY DETAILS C"6.2 UTILITY DETAILS CO.3 UTILITY DETAILS WILLIAM A. 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WORTH, a o SYCAMORE °, FOR CONSTRUCTION GN PLANS WM 09009 0 40' 80' I o SEWER "PLAN AND r" PROF LE - Lit "A' WASTEWATERAt ^ 1 MM GRAPHIC SCALE en LT:L11Y LINE TRENCH REPAIR PER CITY OF FORT WORTH INSTALL 127 L.F. 4' wIDE 5,DEwALK PER CITY OF TORT WORTH LOCATION MAP 20' 0 GRAPHIC SClLC J ARCHITECTURE PLANNING ENGINEERING GRAPHICS BROADWAY RN FLOOR RAUNVILLE, TN 31IDI of 4I$ 44.me 111 413.211,31.11 ...mlmlr&N...m GRESHAM, SMITH AND PARTNERS TEXAS REGISTERED ENGINEERING FIRM F-3629 Ceta OVI. ENGINEER GRESHAM MITM ANO TART NLR3 511 Union Street 1400 Nashville City Center Nashville, Tennesseo 37219 Phone: (615)770-8100 GDP nnM.n r eri CIACLi wALltuwuTICE y Il T11W M W sat Fax 1114111111 STORE #:4483 FT. WORTH, TX - SYCAMORE FOR CONSTRUCTION PLANS at.te.10 MJM 09089 NEW SIDEWALK CFA EXH I8IT B PAVING