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Home My WebLink AboutContract 41815 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract No. 4 i s 1 5 WHEREAS, the Botanical Research Institute of Texas, ("Developer") desires to make certain Storm Water Management Parking Lot and Associated Site Improvements within the City of Fort Worth, Texas; and WHEREAS, the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas ("City") would like to participate in the cost of the improvements in accordance with the Cost Summary Table shown below, the Policy for Installation of Community Facilities and M&C No. C, -at-4 to (o 0 , authorized by City Council on(2 !Li Ic20I0. 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: A. B. General Requirements 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. 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 it to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to e contractor has paid the sub -contractor and suppliers in full. Ad ,l sure the OFFICIAL RECORD 1 YID 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: Location Map; Water (A) , Sewer (A-1) ; Paving (B) ; Storm Drain (B- 1) v ; Site Electrical and Lighting (C) is ; Site Fencing Improvements (D) ‘„/ ; Landscape Improvements (E) is' . 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. 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. 2 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 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 3 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 perfoinned 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. 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. 4 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. 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) 5 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. COST SUMMARY TABLE Item A. Construction 1. Paving 2. Earthwork 3. Storm Drainage 4. Landscaping 5. Site Work Contingency SubTotal Construction Engineering Design/Survey (6% each) Inspection (4%) Materials Testing (2%) 5. Water 6. Sanitary Sewer Inspection (2%) Materials Testing (2%) Cost Summary Table Developer Cost $378,565.88 $156,815.46 $96,293.55 $365,443.00 $625,315.77 $45,757.65 $1,622,433.66 City Cost $376,753.12 $156,064.54 $95,832.45 $ - $622,321.44 $44,745.48 $1,295,717.03 $60,000.00 $177,834.50 ow ilml Total Cost $755,319.00 $312,880.00 $192,126.00 $365,443.00 $1,247,637.21 $90,503.13 $2,963,908.34 $355,669.00 Mk Grand Total $1,800,268.16 $1,533,551.53 $3,333,819.69 The Checked Must be Included as Attachments to this Agreement Included Er Er EK Ily lirp ay a" Attachment Location Map Exhibit A: Water Improvements Exhibit A-1: Sewer Improvements Exhibit B: Paving Improvements Exhibit B-1: Storm Drain Improvements Exhibit C: Site Electrical and Lighting Exhibit D: Site Fencing Improvements Exhibit E: Landscape Improvements Estimate (Remainder of Page Intentionally Left Blank) IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this g 'ice-- day of N\ , 20 1 CITY OF FORT WORTH Fernando Costa Assistant City Manager 45124 I( ( Recommended by: Transportation & Public Works Department Douglas W. Wiersig, P.E. Director, Department of Transportation/Public Works Parks and Community Services Department chard Zavala rector Pro; Management Office Bryan B : ck, P.E. Senio ssistant to the City Manager Approved as to Form & Legality: eAsizetoul Marcia Wise City Attorney ATTEST: \irs Marty Hendrix City Secretary Ole 11. DEVELOPER BOTANICAL RESEARCH INSTITUTE OF TEXAS vA Dr. S. H. Sohmer, PhD, FLS President and Director Contract; Author a. - ILA tu Date 9 ,Q1onntalA 14;0> fOrity, 441Zi) otrat00000poirli u 1 oQ%/I% Q sts4 OFFICLIAL RECORD CITY SECRETARY Ft WORTH, TX 9?a 94 SOUTH L 202134 2W1H 333.33' (azw' PLAT) 1 n0111)2CW 33 (302.00' PUT-374.03' PER CLOSURE) BOTANIC RESEARCH INSTITUTE OF TEXAS ]41.80' 13'i.ue PLAD UNIVERSITY DRIVE (VARIABLE RIGHT-OF-WAY) RADIUS -\I 0.00' (306.22 PLAT) DELTA - 2V 4'1Y RADIUS - 740.00' LENCIR - 334.57' L.C.B. - 731'06C` LC. - 3]1.LTS' RADIUS = 3300' nit GRAPHIC SCALE ( In PET ) \ 1 aunt - 40 2L NOTES WARNING THE LOCATION AND DIMENSIONS OF EXISTING UTILITIES SHOWN ON THE PLANS ARE APPROXIMATE AND WERE NOT OBTAINED FROM UTILITY COMPANY RECORDS. IT IS THE CONTRACTOR'S SOLE RESPONSIBILITY TO VERIFY LOCATION, DEPTH AND DIMENSION OF EXISTING UTILITIES PRIOR TO CONSTRUCTION. WARNING! UNDERGROUND UTILITIES IN THE AREA OF CONSTRUCTION. CONTACT THE FOLLOWING OFFICES AT LEAST 48 HOURS PRIOR ID EXCAVATION AT THIS LOCATION. DIGTESS DIGTESS 800-344-8377 JERRY JACQUES SOUTHWESTERN BELL 817-338-6819 JOHN CRANE TXU ELECTRIC 817-215-6214 KEN NUCKOLS ATMOS GAS 817-454-5808 GREG PIAT CHARTER COMMUNICATIONS 817-509-6272 EXT. 3363 RAKESH CHAUBEY CITY OF FORT WORTH 817-392-6824 CITY OF FORT WORTH WATER DEPARTMENT 817-871-8296 BENCHMARKS 1. ON THE N.W. CORNER OE UNIVERSITY DR. AND NORTH BOTANIC DR. 0.2 MILE SOUTH OF HARLEY ST. ON THE WEST CB OF UNIVERSITY DR. 34' NORTH OF THE NORTH C8 OF BOTANIC OR. AND 7' WEST OF THE WEST CB OF UNIVERSITY DR. IN THE CENTER OF A COMBINATION INLET AND STORM DRAIN MANHOLE 0.7' ABOVE THE CB A CITY MON N 88131 SET IN THE TOP OF THE MANHOLE. ELEVATION - 549.24 REV, A COMMENTS BY DATE CFA EXHIBIT BOTANICAL RESEARCH INSTITUTE OF TEXAS CITY OF FORT WORTH, TEXAS DEPARTMENT' OF ENGINEERING HGA Hart, Gaugler & Associates, Inc. Civil 84 Stmctnml Engineering 12801 N, Central Expwy. Dallas, TX 75243 O 972-239.5111 /972.239.5055 (Fax) TEXAS REGISTERED ENGINEERING EIRM PF-5053 WATER PROJECT NO; Pxxx-xxxxxxxxxxxx D.0 E NO xxxx DESIGNED: DRAWN: CHECKED: DATE FILE SHEET JULY 2009 LOCATION MAP ITC f " try"o n N00'IQ'00"W a SOUTH 975.67' 282.I S • r• SOUTH • \` 333.33' (432.97' PLAT) 1 r -- — 13121, -- _N0111'28'W 330.40' (397.69' PLAT-376.93' PER CLOSURE) BOTANIC RESEARCH INSTITUTE OF TEXAS UNIVERSITY DRIVE (VARIABLE RIGHT—OF—WAY) 347.68' 34I.U6 PLAT) (366.22' PLAT) DELTA - 25'54'17" RADIUS - /40.00' LENCTH - 334.57' L.C.H. - N76'11'06'C LC. - 331.73' DELTA - 00'28'11' RADIUS - 35.00' LENGTH - 53,26' LC.B. - S45'37'32'C LC. - 49.70. N •t1'30 42" 7.70' .,004'23' 8'E GRAPHIC SCALE 0 00 (IN)'EET) 1 inch 60 IL \EGEND 1% 100 7", 3500 PSI ONCRETE PAVEMENT WITH y3 BARS T 18" 0.C.E.W. 5", 3500 P51 CONCREV PAVEMENT WITH p3 BARS AT 18" O..C.E.W. 6", 3500 PSI CONCRETE PAVEMENT WITH /3 BARS AT 18" 0.CI.W. 0 z Ira 0 THE LOCATION AND DIMENSIONS OF EXISTING UTILITIES SHOWN ON THE PLANS ARE APPROXIMATE AND WERE NOT OBTAINED FROM UTILITY COMPANY RECORDS. IT IS THE CONTRACTOR'S SOLE RESPONSIBILITY TO VERIFY LOCATION. DEPTH AND DIMENSION OF EXISTING UTIUTIES PRIOR TO CONSTRUCTION. WARNING! UNDERGROUND UTILITIES IN THE AREA OF CONSTRUCTION. CONTACT THE FOLLOWING OFFICES AT LEAST 48 HOURS PRIOR TO EXCAVATION AT THIS LOCA TION. DICTESS DICTESS 800-344-8377 JERRY JACQUES SOUTHWESTERN BELL 817-338-6819 JOHN CRANE TXU ELECTRIC 817-215-6214 KEN NUCKOLS ATMOS GAS 817-454-5808 GREG PIAT CHARTER COMMUNICATIONS 817-509-6272 EXT. 3363 RAKESH CHAUBEY CITY OF FORT WORTH 817-392-6824 CITY OF FORT WORTH WATER DEPARTMENT 817-871-8296 BENCHMARKS 1. ON THE N.W. CORNER OF UNIVERSITY DR. AND NORTH BOTANIC DR. 0.2 MILE SOUTH OF HARLEY ST. ON THE WEST CB OF UNIVERSITY DR. 34' NORTH OF' THE NORTH CB OF BOTANIC DR. AND 7' WEST OF THE WEST CB OF UNIVERSITY 0R. IN THE CENTER OF A COMBINATION INLET AND STORM DRAIN MANHOLE 0.7' ABOVE THE CB A CITY MON $ 88131 SET IN THE TOP OF THE MANHOLE. ELEVATION - 549.24 EXHIBIT B PAVING IMPROVEMENTS BOTANICAL RESEARCH INSTITUTE OF TEXAS CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING HGA A 0 Hart, Gaugler & Associates, Inc. Civil & Structural Engineering 12801 N. Central Expwy. Dallas, TX 75243 972-239-5111 / 972-239-5055 (Fax) TEXAS REGISTERED ENGINEERING FIRM PF-5053 DESIGNED: DRAWN: CHECKED: DATE JULY 2009 D.O.E. NO: 6495 FILE SHEET X- C v w� • • a Zn GRAPHIC SCALE e a eo ( INFECT) 2. 1 Inch - 40 rt LEGEND WARNING BOTANIC RESEARCH INSTITUTE OF TEXAS .,; UNIVERSITY DRIVE (VARIABLE WIDTH RIGHT-OF-WAY) THE LOCATION AND DIMENSIONS OF EXISTING UTILITIES SHOWN ON THE PLANS ARE APPROXIMATE AND WERE NOT OBTAINED FROM UTILITY COMPANY RECORDS. IT IS THE CONTRACTOR'S SOLE RESPONSIBILITY TO VERIFY LOCATION, DEPTH AND DIMENSION OF EXISTING UTILITIES PRIOR TO CONSTRUCTION. WARNING! UNDERGROUND UTILITIES IN THE AREA OF CONSTRUCTION. CONTACT THE FOLLOWING OFFICES AT LEAST 48 HOURS PRIOR TO EXCAVATION AT THIS LOCATION. DIGTESS DIGTESS 800-344-8377 JERRY JACQUES SOUTHWESTERN BELL 817-338-6819 JOHN CRANE TXU ELECTRIC 817-215-6214 KEN NUCKOLS ATMOS GAS 817-454-5808 GREG PIAT CHARTER COMMUNICATIONS 817-509-6272 EXT. 3363 RAKESH CHAUBEY CITY OF FORT WORTH 817-392-6824 CITY OF FORT WORTH WATER DEPARTMENT 817-871-8296 BENCHMARKS 1. ON THE N.W. CORNER OF UNIVERSITY DR. AND NORTH BOTANIC DR. 0.2 MILE SOUTH OF HARLEY ST. ON THE WEST CB OF UNIVERSITY DR. 34' NORTH OF THE NORTH CB OF BOTANIC DR. AND 7' WEST OF THE WEST CB OF UNIVERSITY DR. IN THE CENTER OF A COMBINATION INLET AND STORM DRAIN MANHOLE 0.7' ABOVE THE CB A CITY MON M 88131 SET IN THE TOP OF THE MANHOLE. ELEVATION - 549.24 REV. COMMENTS BY DATE l3\ EXHIBIT B-1 STORM IMPROVEMENTS BOTANICAL RESEARCH INSTITUTE OF TEXAS NOTES d Z °n CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEER.LNG HGA 0 0 Hart, Gaugler & Associates, Inc. Civil & Structural Engineering 12801 N. Central Expwy. Dallas. TX 75243 972-239-5111 / 972-239-5055 (Fax) TEXAS REGISTERED ENGINEERING FIRM OF-5053 D.O.E. NO: 6495 DESIGNED: DRAWN: CHECKED: DATE JULY 2009 FILE SHEET r� 1 0 ELECTRICAL SITE PLAN SCALE 1 "=60'-0" r` 1 P - rr it elm m • • • • • • • ' rr • • • • G NEOtV'V OINTIO2 1 LU } 0 )— IV >-- cr w 0 20' 40' 60' 120' 1 -60 LIGHTING FIXTURE SCHEDULE MARK TYPE OF LUMINAIRE MANUFACTURER d CATALOG NUMBER GTY-TYPE OF LAMP MAXIMUM INPUT WATTS INPUT VOLTAGE ALLOCATED FIXTURE LOAD(VAI MOUNTING REMARKS P LED EDOF PARKING LOT OETA ARE-0DR O4iUH♦9WJ5K LOOS EA 123 400 125 POLE PROVIDE 10 FT ROUND STEEL POLE FIXTURE MOUNTED RSP-10.4.0-CC-T2-0C PI EDGE PATH LIGHT (DOLLARD) OLTA BLD•PWY-T3-P4-014- LED-041L-SVJ51X 10 EA LEDS 22 277 25 MOUNTED OK GRADC P2 LCD CDOC PARKING LOT ART -FORAM D&R7.00-C-UH SV-35K ETA EA LE S 40° POLE PROVIDC 10 FT ROUND STEEL POLE FIXTURE MOUNTED R:1P-1M1.ace-T2-RC P3 TRELLIS LIGHT LS421Q0-0-CVH 20W TO MH 39 277 45 MOUNT TO TRFLI IS STRUCTURE P4 LED WALL MOUNTED FIXTURE DETA GCC{OGJM-WM-IO.C-UL-0V.JSK 1 EA 150W MN 208 277 245 WALL MOUNTED CENTER FIXTURE ON DOOR MOUNT CENTER OF FIXTURE AT 14%rA.F.CI, NOTES BY SYMBOL 'j' 0 PROVIDE ^JI10,1I10G., VC. FROM CIRCUIT INDICATED TO PATH LIGHTING - REFER TO FIXTURE SCHEDULE, TYPO PI, ON E05-01 FORADDmONAL INFORMATION. PROVIDE 210,0100.,16C. FROM CIRCUIT INDICATED TO SERVE FLAG UGHITNO. PROVIDE 3 EACH TYPC 7 FIXTURES FOR EACH OF THE THREE FLAGPOLES. FIXTURES SHALL OE MOUNTED A DISTANCE OF 113 THC POLL HEIGHT FROM THE DASC or THE POLE AND SPACED 120' APART. GENERAL NOTES 1. SITE UGHTINO IS TO DE CONTROLLED BY THE LIGHTING CONTROL PANELS AND SHALL BE WIRED TO UNIFORMLY REDUCE THE PARKING LOT LIGHTING BY 50%AT 10.00 P.M.. AND TURN ALL EXTERIOR LIGHTS OFF AT 12:00 MIDNIGHT. 2. EXACT FLAG POLE LOCATION AND CONFIGURATION TO DE DETERMINED. COORDINATE ALL RCOUIRCMCNTS WITH THE OWNER AND ARCHITECT. flAG POLC HEIGHTS ARE 25 FEET EACH. 3. PROVIDE 2110,11100„VC. FOR EXTERIOR UGHTINO CIRCUITS UNLESS OTHERWISE NOTED. FOR CIRCUITS EXCEEDING 300IN LENGTH, USE 2a0.AI0G, VC. 4. CONTRACTOR OHAU. VERIFY THAT THERE ARE NO OVERHEAD POWER OR COMMUNICATION LINTS WITHIN 15 FEET OF ANY POLE MOUNTED FIXTURE. NOTES 2. WARNING THE LOCATION AND DIMENSIONS OF EXISTING UTILITIES SHOWN ON THE PLANS ARE APPROY,IMATE AND WERE NOT OBTAINED FROM UTILITY COMPANY RECORDS. IT IS THE CONTRACTOR'S SOLE RESPONSIBIUTY TO VERIFY LOCATION. DEPTH AND DIMENSION OF EXISTING UTILITIES PRIOR TO CONSTRUCTION. WARNING! UNDERGROUND UTILITIES IN THE AREA OF CONSTRUCTION. CONTACT THE FOLLOWING OFFICES AT LEAST 48 HOURS PRIOR TO EXCAVATION AT THIS LOCATION, DIGTESS DIGTESS 800-344-8377 JERRY JACOUES SOUTHWESTERN BELL. 917-33F3-6819 JOHN CRANE TxU ELECTRIC 817-215-6214. KEN NUCKOLS ATMOS GAS 817 •-4164.-5808 GREG PI AT CHARTER COMMUNICATIONS 817-509-6272 EXT, 3363 RAKQSH CHAUBEY CITY OF FORT WORTH U 7-392-6824 CITY OF FORT WORTH WATER DEPARTMENT 817-871-829G REV. COMMENTS BY DATE J 4A EXHIBIT C - SITE ELECTRICAL AND LIGHTING CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINGCIUNG EOI-01 X- NOCI IQ'grw 101 SOUTH 282.13' a or I SOUTH 333.33' (43297' PLAT) 1 NO111'26"W _ 330.40' (397.09' PLAT-378.9S PER CLOSURE) (VARIABLE RICHT—OF—WAY) DELTA - 2514'17" RADIUS - /40.00' LENGTH - 334,57' L.C.D. - N78'I1'08'C LC. - 331.73' DELTA - 90.28'11" RADIUS — 35.00' LENGTH - 55.26' LC.B. - S45'37'3YE LC.-49.7�' 22' PLAT) 0 00 n GRAPHIC SCALE 0 m ( tit FEET ) 1 Inch - 80 ft. �EGEND 100 4", 35 PSI CONCRETE PAVEMENT WITH w3 ARS AT 18" 0.C.E.W. 5", 3500 PSI CONCRETE PAVEMENT WITH #3 BARS AT 18" `C.E.W. 6", 3500 PSI CONCRETE RAVEMENT WITH 03 BARS AT 18" 0.C,€.W. 2. NOTES WARNING THE LOCATION AND DIMENSIONS OF EXISTING UTILITIES SHOWN ON THE PLANS ARE APPROXIMATE AND WERE NOT OBTAINED FROM UTILITY COMPANY RECORDS. IT IS THE CONTRACTOR'S SOLE RESPONSIBILITY TO VERIFY LOCATION, DEPTH AND DIMENSION OF EXISTING UTILITIES PRIOR TO CONSTRUCTION. WARNINGI UNDERGROUND UTILITIES IN THE AREA OF CONSTRUCTION. CONTACT THE FOLLOWING OFFICES AT LEAST 48 HOURS PRIOR TO EXCAVATION AT THIS LOCA TION. DIGTESS DICTESS 800-344-8377 JERRY JACQUES SOUTHWESTERN BELL 817-338-6819 JOHN CRANE TXU ELECTRIC 817-215-6214 KEN NUCKOLS ATMOS GAS 817-454-5808 GREG PIAT CHARTER COMMUNICATIONS 817-509-6272 EXT. 3363 RAKESH CHAUBEY CITY OF FORT WORTH 817-392-6824 CITY OF FORT WORTH WATER DEPARTMENT 817-871-8296 BENCHMARKS 1. ON THE N.W. CORNER OF UNIVERSITY DR. AND NORTH BOTANIC DR. 0.2 MILE SOUTH OF HARLEY ST. ON THE WEST CB OF UNIVERSITY DR. 34' NORTH OF' THE NORTH CB OF BOTANIC DR. AND 7' WEST OF THE WEST CB OF UNIVERSITY DR. IN THE CENTER OF A COMBINATION INLET AND STORM DRAIN MANHOLE 0.7' ABOVE THE CB A CITY MON # 88131 SET IN THE TOP OF THE MANHOLE. ELEVATION - 549.24 REV. COMMENTS BY DATE EXHIBIT D SITE FENCING IMPROVEMENTS BOTANICAL RESEARCH INSTITUTE OF TEXAS HGA 0 CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING Hart, Gaugler & Associates, Inc. Civil & Structural Enginccring 12801 N. Central Expwy. Dallas, TX 75243 972-239-5111 / 972-239-5055 (Fax) TEXAS REGISTERED ENGINEERING FIRM I F-5053 D �s. D.O.E. NO. 6495 DESIGNED: DRAWN: CHECKED: DATE JULY 2009 FILE SHEET 0 W 0 a� x- Planting Hatch Koy Buffalo Grass Seeding Imo !LAW, ',Mud f....{..* W.f Raln Garden Planting (RG) M / l-If01 filial fM Nram rift Research Fields f— { L.160•40 M w•..{•L 111..1.01 ao•M.....tr".•• J.+iv M...I um f l..lwl I,Io.i .lW .Ms, Existing Tree Retained In Place a- IDL.0•01 {,pkJ f-p.df. Planting Plan = 45'-0" e . w • .A. X< X wS 6,e •f env L� • °N. \ • w• A-18 N302IVD OINV168 0 UNIVERSITY DRIVE 1. 2. NOTES WARNING THE LOCATION AND DIMENSIONS OF EXISTING UTIUTIES SHOWN ON THE PLANS ARE APPROXIMATE AND WERE NOT OBTAINED FROM UTIUTY COMPANY RECORDS. IT IS THE CONTRACTOR'S SOLE RESPONSIBIUTY TO VERIFY LOCATION. DEPTH AND DIMENSION OF EXISTING UTILITIES PRIOR TO CONSTRUCTION. WARNING! UNDERGROUND UTILITIES IN THE AREA OF CONSTRUCTION. CONTACT THE FOLLOWING OFFICES AT LEAST 48 HOURS PRIOR TO EXCAVATION AT THIS LOCATION. DICTESS DICTESS 800-344-8377 JERRY JACQUES SOUTHWESTERN BELL 817-338-6819 JOHN CRANE TXU ELECTRIC 817-215-6214 KEN NUCKOLS ATMOS CAS 817-454-5808 GREC PIAT CHARTER COMMUNICATIONS 817-509-6272 EXT. 3363 RAKESH CHAUBEY CITY OF FORT WORTH 817-392-6824 CITY OF FORT WORTH WATER DEPARTMENT 817—B71-8296 BENCHMARKS 1. ON THE N.W. CORNER OF UNIVERSITY DR. AND NORTH BOTANIC DR. 0.2 MILE SOUTH OF HARLEY ST. ON THE WEST CB OF UNIVERSITY DR. 34' NORTH OF THE NORTH CB OF BOTANIC DR. AND 7' WEST OF THE WEST CB OF UNIVERSITY DR. IN THE CENTER OF A COMBINATION INLET AND STORM DRAIN MANHOLE 0.7' ABOVE THE CB A CITY MON 88131 SET IN THE TOP OF THE MANHOLE. ELEVATION - 349.24 EXHIBIT E - LANDSCAPE PLAN REV. COMMENTS BY DATE A A n CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING HGA 0 0 Hart, Gaugler & Associates, Inc. Civil & Structural Enginccring 12801 N. Central Expwy. Dallas. TX 75243 972-239-5111 / 972-239-5055 (Fax) TEXAS REGISTERED ENGINEERING FIRM HF-5053 DESIGNED: DRAWN: CHECKED: DATE FILE SHEET OCTOBER 2010 L-1301 0 z 0 z 0 0 a j Frost Post Office Box 1600 San Antonio, Texas 78296-1600 September 21, 2010 City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Attn: Jane Knight Dear Ms. Knight: At the request of Botanical Research Institute of Texas, Inc., we have established in your favor the enclosed Irrevocable Standby Letter of Credit No. 26584-S in the amount of U.S.$1,473,551,53. Please examine this instrument carefully. If you are unable to comply with the terms and conditions, please communicate with the applicant to arrange for an amendment. If we can be of further assistance, please do not hesitate to call us at (210) 220-4874. Sincerely, Rosalinda M. Soriano Asst. Vice President RMS/rao Enclosure cc: Botanical Research Institute of Texas, Inc. 6300 Ridglea PI Ste 100 Fort Worth, TX 76116 Attn: Seymour Sohmer The Frost National Bank is a subsidiary of Cullen/Frost Bankers, Inc. NYSE Symbol: CFR, a Texas financial services company offering banking, investments and insurance. Frost Post Office Box 1600 San Antonio, Texas 78296 1600 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 26584-S DATE• September 21, 2010 BENEFICIARY: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Project EXPIRATION DATE: September 21, 2011 APPLICANT: Botanical Research Institute of Texas, Inc. 6300 Ridglea P1 Ste. 100 Fort Worth, TX 76116 Name:Botanical Research Institute of Texas and Fort Worth Botanic Garden Demonstration Storm Water Management Parking Lot Subdivision: Botanic Garden Lot/Block: Block 1 Lot 1 A AMOUNT: U.S.$1,473,551.53(One Million Four Hundred Seventy Three Thousand Five Hundred Fifty One Hundred and 53/100 U.S. Dollars) We hereby establish in your favor our Irrevocable Standby Letter of Credit Number 26584-S which is available with The Frost National Bank by payment against presentation of the original of this Letter of Credit and your drafts at sight drawn on The Frost National Bank, San Antonio Texas accompanied by the documents detailed below: 1. A signed statement from the beneficiary stating that: "Botanical Research Institute of Texas, Inc. has failed to complete construction of the above named project or to make payment for its share of the development costs for the above named project." 2. This original Credit and all amendments thereto (if any). In lieu of the presentation of the original draft and Beneficiary's Statement (the documents) to the Letter of Credit Department of The Frost National Bank, fax presentation of the documents is acceptable under the following conditions: The Frost National Bank is a subsidiary of Cullen/Frost Bankers, Inc. NYSE Symbol: CFR. a Texas financial services company offering banking, investments and insurance 41P> % Frost Post Office Box 1600 San Antonio, Texas 78296-1600 Page two, which forms an integral part of Letter of Credit No. 26584-S 1. A representative of the Beneficiary will contact the Letter of Credit Department by telephone to confirm the Departments fax number. Current phone numbers are 210-220-5510, 4874, 5568, 5504, 5567 and 4252. The current fax number is 210-220-5406; 2. The beneficiary will fax the cover sheet (which shall include the fax number for the Beneficiary) draft (front and back) and Beneficiary s Statement to the attention of the person contacted in the Letter of Credit Depas tnient; 3. Beneficiary agrees to forward the originals of the required documents via overnight courier or registered mail to the address shown as the place of presentation (or other address as may be provided in writing by The Frost National Bank) no later than the next business day following date of Beneficiary's fax 4. In the event the original documents are undeliverable by the courier or mail service, the faxed copies will be deemed to be acceptable. The original documents will be determined to be undeliverable upon receipt by The Frost National Bank, Letter of Credit Depaianent of: (a) Beneficiary's Statement stating the original documents were received by the overnight courier or U.S. Postal Service and appear to have been lost or destroyed; and (b) A copy of the courier's receipt or U.S. Postal Service receipt for said documents. We hereby engage with you that documents drawn under and in compliance with the teiuis of this Irrevocable Standby Letter of Credit will be duly honored if presented for payment to The Frost National Bank, Attention: Letter of Credit Department RB-1, 100 West Houston Street, San Antonio, Texas 78205, on or before 4:00 p.m. Central Time on the expiration date of this credit, This Letter of Credit is subject to the International Standby Practices 1998, International Chamber of Commerce Publication No. 590 ("ISP98"), in effect on the date this Letter of Credit is issued, and as to matters not addressed by ISP98 is subject to and governed by Texas State Law and applicable U.S. Federal Law. If you require any assistance or have any questions regarding this transaction, please call 210- 220-5510. Mario G. Rodriguez, Vice President V41 Rosalinda M. Soriano, Asst. Vice President The Frost National Bank is a subsidiary of Cullen; Frost Bankers, Inc. NYSE Symbol: CFR, a Texas financial services company offering banking, investments and insurance Botanical Research Institute of Texas Demonstration Storm Water Management Parking Area Schedule of Values 9.7.10 BECK STORM WA IhR MANAGEMENT ELEMENTS PARKING AREA TOTAL BUDGET Storm tine improvements Storm line Infrastructure $85,648 Pond overflow measures $24,898 Subtotal Utilities $110,546 Prorated GC's, Insur, Bld Risk, Subguard, Bond & Fee $15,761 Total Utilities $126,307 Site Electrical Parking and landscape lighting $113,743 Signage electrical $1,000 Oncor coordination costs $19,000 Lighting at Braid LCP1A-19 P1 Fixtures $31,830 Upgrade to LED Lighting $59,611 Subtotal Site Electrical $225,184 Prorated GG's, Insur, Bld Risk, Subguard, Bond & Fee $32,105 Total Electrical $257,289 Earthwork Parking of earthwork $78,581 Bio Swale Fill Material $110,098 Compacted Flex Base under Roadways $14,256 Lime stabilization of walks or dnve lanes $82 474 Subtotal Earthwork $285,408 Prorated GC's, Insur, Bld Risk, Subguard, Bond & Fee $40,692 Total Earthwork $326,100 Paving & Hardscape ;. Concrete Pavers $103,606 Limestone Pavers $159,349 Fire Lane Pavers $32,263 Sub slab for fire lane pavers $19,000 Light pole bases $8,700 Concrete Paving tor Parking Lot $151,500 Concrete Paving for Fire Lane N. of Parking Lot $53,600 Pervious concrete walks and HC ramps $82,200 Concrete curb $15,200 Sub s ab for pavers $31,000 Foundation/Mow strip for Corten fence $4,650 City Required Concrete Paving Changes $35,813 Joint Sealant Changes in Parking Lot $7,128 Subtotal Pay ng & Hardscape $704,009 Prorated GC's, Insur, Bld Risk, Subguard Bond & Fee $100,373 Total Paying & Hardscape $804,382 Fencing I' - Steel Corten fencing $209,533 Stone Fence $251,125 Subtotal Fencing $460,658 Prorated GC's, Insur, Bid Hisk, Subguard, Bond & Fee $65,678 Total Fencing. $526,336 Site Signage/Striping Signage $25,000 Sloping for Parking Lot $18,450 Subtotal Fencing $43,450 Prorated GC's, Insur, Bid Risk, Subguard, Bond & Fee $6,195 Total Fencing $49,645 Storm Water Management Pond Excavation of Pond $3 451 Pond pumps and control system $118,645 Well and perforated pipe $64,733 Pond subsoil drainage and EPUM liner $169,500 Subtotal Storm Water Treatment Pond $356,329 Prorated GC's, Insur Bld Hisk, Subguard, Bond & Fee $50,803 Total Storm Water Treatment Pond $407,132 Landscaping _. Parking lot landscape and irrigation outside of Braid $127,577 Landscape and irrigation In Braid $151,450 Crushed limestone sidewalks in Braid $0 Crushed limestone sidewalks outside of Braid $8,358 Subtota Landscape $287,385 Prorated GC's, Insur, Bid Risk, Subguard, Bond & Fee $40,974 Iota Landscape $328,359 'Pump Relocate: Pump Housei house relocation $139 709 Subtotal Relocate Pump House $139,709 Prorated GC's, Insur, Bld Risk, Subguard, Bond & Fee $19,919 Total Relocate Pump House $159,628 SUBTOTAL: s $2,985,177 OTHER COSTS , Maintenance Bonds $20,521 Building Permit $18,668 TOTAL: = - $3,024,366 - M&C Review http://apps.cfwnet. or council_packet/mc_revi ew. a sp?ID=14 519 &council ... CIL N - A Official ste of the ay of Fort Worth, Texas FORT %ATII COUNCIL ACTION: Approved on 12/14/2010 - Ord. No. 19496-12-2010 & 19497-12-2010 DATE: 12/14/2010 REFERENCE NO.: C 24660 CODE C SUBJECT: TYPE: LOG NAME: PUBLIC HEARING: Authorize a Community Facilities Agreement with the Botanical Research Institute of Texas, Inc., with City Participation in the Amount of $1,533,551.53, Adopt Appropriation Ordinance Increasing the Estimated Appropriations in the Storm Water Utility Fund in the Amount of $462,000 00 and Adopt Supplemental Appropriation Ordinance Decreasing the Unaudited, Unreserved, Undesignated Stone Water Utility Fund Balance by the Same Amount (COUNCIL DISTRICT 7) NON -CONSENT 06BRIT CFA NO RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Community Facilities Agreement with the Botanical Research Institute of Texas, Inc with City participation in an amount not to exceed $1,533 551.53 for a shared use parking lot at the Deborah Beggs Moncrief Garden Center; 2. Authorize the City Manager to enter into a shared use agreement with the Botanical Research Institute of Texas, Inc.; 3. Adopt the attached supplemental appropriation ordinance increasing the appropriations in the Storm Water Utility Fund in the amount of $462,000.00 and decreasing the unaudited, unreserved, undesignated Storm Water Utility Fund balance by the same amount; 4. Authorize the transfer of $462,000.00 from the Storm Water Utility Fund to the Park Gas Well Leases Fund; 5. Authorize the transfer of $462,000.00 from the Water and Sewer Utility Fund to the Park Gas Well Leases Fund; and 6. Adopt the attached appropriation ordinance increasing estimated appropriations by $1,533,551.53 in the Park Gas Lease Project Fund. DISCUSSION: In 2005, the City entered into a lease agreement for property adjacent to Deborah Beggs Moncrief Garden Center at the Fort Worth Botanic Gardens (M&C L 14012), with the Botanical Research Institute of Texas, Inc. (BRIT) for the development of a new headquarters. As part of the construction of the new facility, BRIT is constructing a new 258 space parking lot (North Lot) that will be used jointly by BRIT and patrons of the Botanic Garden. Both the new BRIT headquarters and the shared parking lot are expected to receive platinum Leadership in Energy and Environmental Design (LEED) certification for best practices An architectural rendering of the parking facility along with a brief summary of the environmental and sustainable benefits are attached At the core of the parking and sustainability concept is the capture and reuse of storm water to sustain the garden and reduce water usage for irrigation. The City intends for this facility to serve as an demonstration project for best practices in the collection, handling, and reuse of storm water runoff. Staff is recommending the City participate in the construction of the North Lot in the amount of $1,473,551.53 which is 49 percent of the overall $2,963,908.00 construction cost These costs are calculated based on the additional 1 of 3 02/03/2011 2:31 PM M&C Review http://apps.cfwnetorg/couneil packet/mc review.asp?ID=14519&cotnmcil... parking BRIT is providing over what is required to serve the new BRIT facility. Also, staff is recommending a waiver of associated construction inspection and material testing fees typically associated with the execution of community facility agreements in the amount of $34,483.00. BRIT has agreed to provide for all the landscaping on the facility. BRIT is providing construction plans and specifications for the South Lot at the Garden Center that visually complement the North Lot project. The proposed CFA contemplates the City reimbursing BRIT $60,000.00 from the Park Gas Lease Projects Fund for this effort. The South Lot project will be advertised for construction in the spring of 2011. Given the proposed educational components concerning water recycling and reuse and on site storm water quality improvements, staff recommends that the following funding sources be used: Park Gas Lease Projects Fund Water and Sewer Utility Fund Storm Water Utility Fund $609, 551.53 $462, 000.00 $462,000.00 The majority of the maintenance of the North Lot will be provided by the City with the exception of the Research Garden and the retention pond. The specific maintenance responsibilities will be delineated as part of the share use agreement for the North Lot. This project is located in COUNCIL DISTRICT 7 and serves the entire City. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances and supplemental appropriation ordinance, funds will be available in the current capital budget, as appropriated of the Park Gas Lease Project Fund and the current operating budgets of the Water and Sewer Fund and the Stormwater Utility Fund. Upon approval the unaudited, unreserved undesignated fund balance in the Storm Water Utility Fund will exceed the minimum reserve in the Financial Management Policy Statements. TO Fund/Account/Centers 6) C282 446200 801929990300 6) C282 541200 807370158480 5&6) C282 472045 807370158480 4&6) C282 472069 807370158480 6) C282 541200 801929990300 4) PE69 538070 0209201 $609,551.53 $924,000.00 $462,000.00 $462,000.00 $609, 551.53 $462,000.00 FROM Fund/Account/Centers 3) PE69 538070 0209201 $462,000.00 5) PE45 538070 0609020 $462,000.00 Submitted for City Manager's Office by: Originating Department Head: Additional. Information Contact: Fernando Costa (6122) Randle Harwood (6101) Bryan Beck (7909) ATTACHMENTS 2 of 3 02/03/2011 2:31 PM M&C Review http://apps.cfwnet.org/council packet/mc_review.asp?ID=14519&codicil... 06BRIT CFA Rec3.doc 06BRIT CFA Rec6.doc BRIT White Pape rev 2r.pdf FWBG Parking Schemes.pdf 3 of 3 02/03/2011 2:31 PM