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Home My WebLink AboutContract 43574 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTYOFTARRANT § Contract No. Ll WHEREAS, the undersigned Developer ("Developer") desires to snake certain. improvements ("Improvements") related to a project as d eser hed below ("Project"), an addition to the City o ;fort Wo�rt.h, Texas "C ty ),- and NVHEREAS, the Developer and the City desire to enter into this "Agreement" in connection with the Impro er elits. Developer Information: . Developer Company Name: QuikTrip Corporation ddj-ess, State,Zip Code: 1120 N. IndUstrial Blvd.,Euless,TX 76039 Phone,E ail. JD Dudley,, Real Estate Project Manager 817 786-3187,jdudley@quiktrip.co,m Authorized Signatory/Title: Joseph . Faust, Director of Real Estate Project Name.- Quik,Trip#0957 Project.Location: 12391 S. Freeway Plat Case No.. FS-010-056 Plat'Name: QT 957 Addition. Mapsco. 119K. Council District: 8 City Project No: 0 18 19 CFA: 2012-034 DOE: 6750 To be completed by i taff.- Ll Received e a . mate: Ll q OFFICIAL RECORD CITY SECRETARY FTo WORTH, TX ° a Now THE ,FORE KNow ALL Y THESE,PRESENTS.- For and in consideration of the covenants and conditions conta ned'herein'.the City and the Developer eloper o hereby agree as follows: General Requirements A. The Policy for the installation of Community Facilities ("Policy") dated Marc. 2001 approved by the City Council of the City of .Port 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, heresy incorporated into this Community Facilities Agreement ("'CFA"") as if' copied herein. verbatim. Developer agrees to comply with all provisions of said Policy in the perfom-lance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the wore:Performed by said contractors. B. Developer shall provide financial security in, conformance with paragraph Section 11, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been corm y has officially completed and. the City accepted the infrastructure. Developer further acknowledges that said rociess, 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 standa�rds and the City- approved construction plans, specifications and cost estimates provided for the Project and the exhibits, attached heretol., D. The following checked exhibits are trade a part hereof: Water X Sewer (A-1) X Paving (B) Storm rain M-1) , Street Lights S i gns (C) 2 Ed. The Developer shall award all contracts for the construction of community facilities in accordance with Section 11, paragraph 7 of the Policy and the contracts, for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section 11, of the Policy. F. For all 'infrastructure included in this Agreement for which the Developer awards construction co:ntract(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. A11 bonds to be furnished before work is commenceu and to meet the requirements, of Chapter 2253,, Texas Government Colde., 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. 31 iv. To require its contractor to give 48 hours notice to the City 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.,,tlie-desired-date.,of Ihe_-_ ................................ meeting. No construction will commence without a Clity-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. 1. 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 I of way y 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.ors 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 I is contractors,work to be performed by said Developer, h* S� 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 I his contractors sub-contractors or misconduct of said DEVELOPER, I officers, agents or employees, whether or not such MjWfies, death or dama,aes are catised, in whole or i`n, Eart, by the alleged negUorence ol 43 the City-of Fort Worth, its officers,servants, or mployees. 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 " @ v 91 t b y th e InI,urie,s, ath or dam are ca,use,d, in tvh�olle O�r in I alleged' negli'gence: oL the Cit o rt Worth,, its, officers', servants, or L empl 11 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 froin 5 defects, in conformance with the Policy, and in accordance with all plans and speci ffications and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a for to be promulgated by the cl ty N Upon completion of all work associated with the construction of the infrastructure and improvements,, Developer will assign to the City a non- exclusiI ve 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-b e!nefi cl ary-of such-contracts............. 0. 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 developers share of the total construction cost as stated in the construction contract. iii 6 i III Developer shall pay n 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 co:nu-nunity facilities are not completed within such extension period, there will be no 6 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,,guar-antee—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. (REMAINDER of PAGE INTENTIONALLY LEFT BLANK) 7 Cost Summary ISheet Pi-oject Name: QuikTrip 40957 CFA No..- 2012-034 DOE No.: 6750 An Engineer's, Estimate of Probe le 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 $ 35,023.00 2.Sewer Construction $ 62,,270,010 Walter alind Sewer Construction Total $ 97,2913.001 I . 'TPW Construction 1.Street $ 2.Storm Drain $ 3.Street Lights Installed by Developer $ TPIN Construction Cost Total $ - Total Construction Cost(excluding the fees): $ 917,293.001 Construction Fees: C. Water/Sewer inspection Fee(2%) $ 1,1945.86 D. Water/Sewer Material Testing Fee(2%) $ 1,945.86 Sub-Total for Water Construction Fees $ 3,891.72 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: $ 3,891.72 Choi7'l Financial Guarantee 9 (ck ptions,choose one Amount o e) V Bond= 100% $ 97,29 .00 Completion A2reement= 10101%1 Holds Plait $ 97,,293.00 Cash,Escrow Water/Saniitaa Sewer=1251% $ 121,616.25, Dash4 crow Paving/Storm Drain= 125% Letter of Credit='125%wl expiration period 121,616.25 8 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this inStI'Llment to be executed in quadruplicate in its rianle and on its beha,lf by its Assistant City Manager', allested by its City Secretary., with the corporate seal of'the City affixed, and said eloper has executed s instrument in quadrug pillicate, at 14'or�t Wo�rth,Texas tills day of 20 CITYOF FORT WORTH- Reconutietided b Y_ Water Department Trans portation & Public Works Department .......... We4n(�yCh'-Babulal' EMBA y , P.E. Douglas W. Wiersig, P.E. Development Engineering Manager Director Ap roved as to Form & Legalit Approved ky Cit fatiager's Qffice y. 011 00 N-01 Douglas W. Black 1"'lernando,Costa Assistant City Attorney Assistant City Manager M&C No. t1k Date.- IF,0111), 00 C)0000001 00 ATTEST: Z- 0 molt" 0 io 01 0 0 0 0 0*)CIV M a ry J. K ay s,Qdv)X J0100(j,000060 City Secretary r*X44�1 ............... ------ ATTEST: QuikTrip Corporation 0-� L .....................z SigilatUre -7 Signature (P,rint)N'ame.- Print'Na,me: j 'Title.- t e4A/ elor rOFFICIAL RECORD, CITY SECRETARY FTo WORTH, TX 9 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-]: Sewer Improvements Sewer Estimate F-1 Exhibit B: Paving Improvements ❑ Paving Estimate F-1 Exhibit B-1: Storm Drain Improvements F-1 Storm Drain Estimate ❑ Exhibit C: Street Lights and Signs Improvements F-1 Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) 10 f I I liot..tea as a te.W m.e,., w mamww a mwraai maruioioro arowwwrww ouui�i C,'IL I o� T W ax 4 owa;m9"xaOVAiar rrVIV V w rr, l b N ll r d� ..... w 11"1811 �»I"' p 43 a ..rr q i arrA eN:.��'61b a'''v::'a loll w�b a`,N;rr r �"""',�i ji ................... to ry mar°'�r,r+�"�iru"!�+�� w kA r z .. 4 "XY" w � �y d` NOY AI I r ^�*"�'"�"JDXh�'wtWrtrowiiwwwin .. ,.,,��.rr.�„ .. 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AMIM""N$I d i d,�+I�u� (u� "" M�'a S"x a,r 'ON., 1..+1�� A�', W� �b Yl d R ..."""fw u'I'IPY7Nill4»vIIYY I�'d w,.��'; NIN, &raauw,.�w,.a�wa,�u�,:,.,�.1 P➢^27Yrr��Ne�,�Nalm�,r�dvrJra¢att,_'�ttP'^,„.. N "�. �`T�kF�ff(�PHI- L1 co L19 ■ w� M N 'w I I mow... F q Lcs _,al,:. .. ,..m° 00 C�.,f il I I U- c I � f V ' P/d, 00 ..., > cri J' u a, cc B v „ I d � 1 ss w C I` � I G 1 r' I T e , Ln Nom , ,P + [ ^n /�/ R I f w I C � h, R d M rn ss w 1C tt uj [" C d CD ndl 0, dtoda re a4 k"`w ftor sae ,r d Of,''��l""',JMV14 miw, 6-11"wol ovowa c WTv,,4r Pei PART B —PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this, book of Contract Documents,. TO: QUIK-rRIP CORP. PROPOSAL FOR: PROJECT NAME-. QT#957 WATER PROJECT NO. P265-608150181983 SEWER PROJECT NO. P265-7081301,81,983 FILE NO. W-2198 DOlE No., 61750, CITY PROJECT NO 1.819 Includes the furnishing of all materials, except materials specified to be furnished by the City,, equipiment and labor for the *Installation of 'WATER AND SANITARY SEWER, !and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as 'QT#957 � Pursuant to, the folregoling 'Notice to, Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special, contract documents, the General I Z-14 Contract Documents and General Specifications for Water Department Projects, the ueneral Contract Documents and General specifications for Transportation and Public works Projects, the site of the project and understanding the arniount of work to be done, and the prevai I ing conditions,, hereby proposes, to do all the work, furnish all labor, equipment and material except as specified to be furmshed by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Transportation & Public Works of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Upd! tedl:8/301/2010 UNIT I: WATER Bid Item Approx. Unit Bid I ni Unit Total Number Quantity Measurement Description Price Amount 1 806 LF. I o"WATER PIPE $ 33.00 26 598.00 Thirty Three Dollars&Zero Cents Per L.F. 2 5 L.F.. 6 WATER PIPE $ 25.00 125.00 Twenty Five Dollars&Zero Cents Per Lf. 3 1 TO;N DUCTILE]R ON WATER FITTINGS $ 1,0001-00, 11000.00 One Thousand Dollars and Zero Cents Per Toil 4 1 EA. INSTALL 2"TAIL" $ 1 X200.00 1 X200.00 One Thousand Two Hundred Dollars and Zero Cents Per EA. 5 to L.F. 2"COPPER SERVICE $ 20.00 200.00 One Thousand Five Hundred Dollars and Zero Cents Per EA. 6 1 EA. INSTALL 1 1/2,TAP $ 11200.00 ,2100.1 00 one'rhous,'ruid Two Fluindred Dollars and Zero Cents Per EA. 7 10, L.F.. I V2"COPPER SERVICE $ 20.00 200.00 One Thousand Two Hundred Dollars and Zero Cents Per EA, 8 1 EA. 6"('JATE VALVE $ 11000-00 13000.00 One Thousand Dollars and Zero Cents Per EA. 9 t L.S. FIRE HYDRANT $ 21200.00 21200.00 Two Thousand Two Hundred Dollars and Zero Cents Per EA. 10 1 L.S.- TRAFFICCONTROL $ 6010.010, 6100.00 Six Hundred Per L.S. I I I L.S. BROADCAST SEEDING,WATERING $ 1 X200.00 11200.00 One Thousand Two Hundred Per L.S. 12 1 L.S.- TRENCH SAFETY $ 200.00 200.00 Two Hundred Per L.S. 1.001 13 1 L.S.- TESTING $ 300.00 30 1 10 'Three Hundred Per L.S. UNITI SEWER Bid Item Approx. Unit Bid Item Unit Total Number Quantity Measurement Description, Price A-mount I I 1-,S. CONNECT TO EXISITNG MANHOLE $17200.00 1,200.00 One Thousand Two Hundred Dollars and Zero Cents Per LS, 2 1579 L.F. INSTALL,8"SDR-26 PVC P'IPE$ 27.0'0 441212.00 Twenty Eight Dollars and Zero Cents Per L.F. 3 5 EA. fNSTALL �"DLA.MANHOLE $1 3500.'0 71500.00, One Thousand Five Hundred Dollars and Zero Cents Per EA. 4 5 EA, INSTALL CONCRETE COLLAR $ 200.00 13000-00 Two Hundred Dollars and Zero Cents Per EA, 5 1 EA. 8"'TAP&SERVICE TO EASEMENT LfNE$ 200.00 200.00 Two Hundred Dollars and Zero Cents Per EA. 6 10 L.F. 8"SERVICE TO EASEMENT LINE $ 20.00 200.00 Twenty Dollars and Zero Cents Per L.F. 7 1 EA 6"TAP&SERVICE TG EASEMENT LrNE,$ 200.00 2010-010 Two Hundred Dollars and Zero Cents Per EA. 8 10 L.F. 6"'SERVICE TO EASEMENT LINE $ 20.00 200.00 Twenty Dollars and Zero Cents Per I.-F. 9 4 EA, REPAIR EXIST,DRIVEWAY(ROCK) $ 500-00 25000-00 Five Hundred Dollars and Zero Cents Per EA. Updated.-8/310/20:101 to I L.S. TRNFFIC CONTROL 400.00 400.00 Four Hundred Dollars and Zero Cents Per L.S. L.S. BROADCAST SEEDrNG,WATERIM $ 200-00 213000.00 Two Thousand Dollars and Zero Cents Per L.S. 12 1579, L,F- VACUUM TESTFNG&POST CONST,Tv.$ 2.00 31,158.00 13 1579 L.F. TRENCH SAFETY 1-00 1,579. � One Dollars Per L.F. "BID SUMMARY TOTAL, AMOUNT BID WATER $ 35,3023.00 TOTAL AMOUNT BID SEWER 62,270.00 GRAND TOTAL AMOUNT BID $975293-00 , Updated:8/30/2010 PART B - PROPOSAL (Cont.) After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required 'by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required is to become the property of the Developer. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978 and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The successful bidder shall be required to perform the work in accord with the followl"ng publications, both of Which are incorporated herein and made, a part hereof for all purposes. , I, The General. Contract Documents and General Specifleations, for Water Department Projects dated January 1, 1978, which may be purchased from the Water Department, 2, The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation & Public Works, The undersigned assures that its employees and applicants for employment and those of any labor organization,, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within SIXTY (60) calendar days after 'issue of the work order, and to compilete the contract within N1114ETY (90), calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable-.) A. The principal place of business of our company is in the State of Non-resident bidders in the State of our principal place of business, are required to be percent lover than resident blidder's, by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. X B. The principal place of business of our company or our parent company or majority owner is i,n the State of Texas. Updated:8/30/2010 I (we) acknowledge receipt of the following, addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. I (Initials) Addendum No. 3 (Initials) Addendum No. 2, (Initials) Addendum No. 4 (Initials) Respectfully submitted, By: —BRETT C LEDBETTER Title —CFO Address PO BOX 154897 IRVfNG,, TX 75015 Telephone: 972-438-8811 Fax: 972-438-88,44 Updated-8/310/20110