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HomeMy WebLinkAboutContract 43631COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary Contract No. I/ 1 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 enter into this agreement in connection with said improvements. Developer Information: Developer Company Name: HEB Grocery Company, L.P. Authorized Signatory: Todd A. Piland Title: Executive Vice President Project Name: Boat Club Center Project Location: SEC Boat Club Rd. & Bailey -Boswell Rd.; as more particularly described on the attached location map Additional Streets: N/A Plat Case No.: FS-011-133 Plat Name: Boat Club Center Mapsco: 32Q CFA: 2011-061 DOE: 6743 To be completed by ?tiff Received by: h- /L7L_ Council District: 7 City Project No: 01813 N. Date: ')// - OFFICIAL RECORD C\ifl SECRETARV � VII NOliDICu it 09-24-12 Al 0: 02 IN 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 through the date hereof 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) , 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 Combined CFA final Sept 12, 2008 2 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. 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 may be available; and to require the contractor to allow the construction to be subject to inspection at any and all reasonable times by City inspection forces, and not to install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector has the opportunity to be present and/or gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. 3 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 additional engineering drawings and documents necessary to construct the improvements required by this Agreement beyond those already prepared and approved by the City. H. Developer shall cause the installation or adjustment of the utilities and the improvements shown on the plans approved by the City. 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 culTent improvements and future improvements approved by the Developer and 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 Combined CFA final Sept 12, 2008 4 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. 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 for the water and wastewater facilities as stated in the construction contract. 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 5 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. v. Notwithstanding anything contained in this CFA to the contrary, the City acknowledges that Developer as of the date hereof, does not currently own the Property that benefits from the Project (the "Property"). If Developer does not acquire the Property following the execution date of this CFA (the "Purchase Deadline"), then Developer shall have the right to terminate this CFA for a period of up to one (1) year following the Purchase Deadline, with formal notice to City subject to the additional terms contained in this paragraph Developer acknowledges and agrees that in order to terminate the CFA after the recordation of a plat that is conditioned on the execution of the CFA, Developer must first vacate said plat. Notwithstanding the foregoing, if Developer has commenced construction of any work that is either pursuant to this CFA or to the on -site building improvements, at the Project Location, the CFA may not be terminated under this paragraph. Upon termination as set forth in this para:?ranh P.v. City shall provide Combined CFA final September 12, 2008 6 Amegy Bank, N.A. with a written statement regarding the termination and return to Amegy Bank, N.A. the original Irrevocable Standing Letter of Credit dated of even date herewith. Combined CFA final September 12, 2008 7 Cost Summary Sheet Project Name. Boat Club Center CFA No,: 2011-061 DOE No.: 6743 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 $ 139,513.00 2. Sewer Construction $ 94,861.00 Water and Sewer Construction Total $ 234,374.00 B. TPW Construction 1. Street $ 2. Storm Drain $ 3. Street Lights Installed by Developer TPW Construction Cost Sub -Total $ Total Construction Cost (excluding the fees): $ 234,374.00 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 4,687.48 D. Water/Sewer Material Testing Fee (2%) $ 4,687.48 Sub -Total for Water Construction Fees $ 9,374.96 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: $ 9,374.96 Choice Financial Guarantee Options, choose one Amount (ck one) 'Bond = 100% $ 234,374.00 'Completion Agreement = 100% / Holds Plat $ 234,374.00 'Cash Escrow Water/Sanitary Sewer= 125% $ 292,967.50 'Cash Escrow Paving/Storm Drain = 125% $ - 'Letter of Credit = 125% w/2yr expiration period ' $ 292,967.50 16/1 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 of �:�- ii�� , 20 j C r 0 Si CITY OF FORT WORTH - Recommended by: Water Department tik ) Let-, Transportation & Public Works Department Wendy Chi-Blibulal, EMBA, P.E. Douglas W. Wiersig, P.E. Development Engineering Manager Ap'rov'eras to Form & Legality: Douglas ' . Black Assistant City Attorney M&C No. 4)14 Date: ATTEST: ATTEST: Signature (Print) Name: Combined CFA final Sept 12, 2008 Director Approved by City Manager's Office c 1 Fernando Costa Assistant City Manager f Ott ,a Vol ° ° " ° Plais Pi 0 id ao d 0 o ct 1% °row%) <,e4y 0Q4 o9YY o� osi it; 0is 0 o 0 0o° gi 0° Ai 11111Pftscrtseca HEB GROCE COMPANY, a Texas lii ' :d n. rt ershi By: Naive: Todd A. Piland Title: Executive Vice President 9 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX THE STATE OF TEXAS § COUNTY OF BEXAR § . me this ( da of March, 2012, b The foregoing instrument was acknowledged before h yy Todd A. Piland, Executive Vice President of HEB GROCERY COMPANY, LP, a Texas limited partnership, on behalf of said limited partnership. gSSICA OL RA KOTACTI Texas 'tee ici, Comm. a 1 1 s 1 54&) tO 6 • ra � ittZ Notary Public in and for The State of Texas Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included as ix Ezi n 7 1 J 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 (Remainder of Page Intentionally Left Blank) 10 1 Lake Country otf Club • 0 PROJECT LOCATION c PI BAILEY-B❑SWELL I ffl©TIfN MAP , Anceengit®o, 1Imu 0 CONSULDNG CIVIL ENGINEERS * SURVEYORS (972) 490-7090 FAX (972) 490-7099 scale : N.T.S. Design : T.C.Y. Drawn : W.A.I. Dwg. Fite : 61302CFA.dwg Project No. : 61302.01(20) Date : 12/07/11 tvAPSCO PAGE 32-L/Q N.T.S. R, WHITLEY SURVEY, ABSTRACT NO. 1672 CITY OF FORT WORTH TARRANT, TEXAS MARGAUX DEVELOPMENT COMPANY 14801 QUORUM DR., SUITE 160 DALLAS, TX 75254 VICINITY MAP BOAT CLUB CENTER FORT WORTH, TARRANT COUNTY, TEXAS SHEET 1 OF 3 ay ! 0 0 —I :- u 9 EXIST. 24' WkW r Y ! !CONNECT TO EXISL1 PUBLIC WATER PIDITIALM GGGrNnI Inn,, N m • 1 u BAILEY-BOSWELL ROAD JrDISILti tlT RJ11JRE - 1-1+ ' ita I'Y I7' IRRIGATION SERV. WATER SERVICE FOR LOT 21 A BY LOT 2 DEVELOPER • " • A , z_Irf PUBLIC PH -_ 4eV. • C_12 W111E . 11NE _.•- W Nz anvR 11:2a1fjl1j1111 2' DOMESTIC METER FOR FUEL CENTER tip FUEL OMEsR 1:y IR R i 1 1! Itin41 n n MC% NOS+ 1" IRRIGATION METER 1 C GROCERY & RETAIL 2" DOMESTIC METER iy bJb GROCERY I.G; 1 ir, Y{ +-1 15.211 AC. GROSS 15.070 AC. NET LAIOSelPE u tALL uc_�_.—ic, of •. 1i-e a G.^ c-c oc _'�� 6• YlflfanASO•AtY rnt-,uc— Scale : 1 RUFFED A-5 Wfm.kell i muii Aimeeli v ®9 iliaMa CONSULTING CIVIL ENGINEERS ■ SURVEYORS (972) 490-7090 FAX (972) 490-7099 200' Dote : 12/07/11 Design : T.C.Y. Drown : W.A.I. Dwg. Fite : 61302CFA.dwg Project No. : 61302.01(20) OTHER: LOT2 453 Ar... 3 0°P.-PAC ;a- I' ace tr/2 ^b �o 1 D R. MHITLEY SURVEY, ABSTRACT NO. 1672 CITY OF FORT WORTH TARRANT, TEXAS MARCAUX DEVELOPMENT COMPANY 14801 QUORUM DR., SUITE 160 DALLA$ TX 75254 FUTURE RETAIL PADS ! l I 1 1 --------1-------------?____________ 1------ !CONNECT TO EXIST. PUBUC WATER PUBLIC 8' WA-LER_LINE_ D' 100' SCALE: 1'a 200' WATER EXHIBIT EXHIBIT A BOAT CLUB CENTER FORT WORTH, TARRANT COUNTY, TEXAS 200' 1 SHEET 2 OF 3 1:. EXIST. .Z4" ir9ER Pumm-cli 011 -an tsu•.__au4Tc-z 111111II 11H FUEL 0311102 1 DOOLS_--� u GAII.EY-ROSWI:LL ROAD ° I; T r 1r r, sl 20' WOSCAPE nfl0- 111111111 GROCERY I.o1 1 c user Lcr. sue • _ ISM AC. GROSS MOM AC. ,ET 1-1 .: u-- r, u e � �..c.-n � a� •14 I 1 tt L__- 5,7 1 i IPUEt1a SEVSER LATERALI 70 SERVE LOT 2 I {.TNI I Or2 n PM nc,.tgr �25 W o J runr. -e �Ass�tx_ssa mmnm .. IZOUED A-51 itm.oeRm. aemu. c�5 A®oamF1R71$®®P )Ij i 0 CONSULTING CIVIL ENGINEERS ■ SURVEYORS (972) 490-7090 FAX (972} 490-7099 Stole : 1 1= 200' Date : 12/07/11 Design : T.C.Y. Drown : W.A.!. Dwg. Filo : 61302CFA.dwq Proiect No. : 61302.01(20) R. VMITLEY SURVEY, ABSTRACT ND. 1672 CITY OF FORT WORTH TARRANT, TEXAS MARGAUX DEVELOPMENT COMPANY 14801 QUORUM DM, SUITE 160 DALLAS, TX 75254 FUTURE RETAIL PADS • -RUBUC.G__SEWER- �NH 0' r- • 1 l 1 1 ICONN TO EXIST. PUBLIC SEWER 10D' SCALE: 1a= 200. SAN. SEWER EXHIBIT EXHIBIT A-1 BOAT CLUB CENTER FORT WORTH, TARRANT COUNTY, TEXAS Li zoo' , SHEET 3 OF 3 • Exhibit A * Water Description A. 12" PVC B. 8" PVC C. 6" PVC D. 112" Gate Valve E. 12" Bore & Case F. 24"x12" Tapping Sleeve & Valve G. 8" Gate Valve H. 6" Gate Valve I Fire Hydrant J. Fitting K. 2" Domestic Service Tap Max L. 1" Irrigation Service Tap W/Box M. Trench Safety N. Traffic Control ExhibitA-1 * Sanitary Sewer Description A. 8"PVC (SDR26) B. 4' Dia. S.S. Manhole C. 4' Dia. S.S. Manhole ( Add Depth D. 5' Dia. S.S Drop Manhole E. 15' Dia. Drop MH ( Add Depth) F. 'Vacuum Test G. IConc. Collar H. ITV Inspection I (Trench Safety J. 12 Way Clean Out 1 Community Facilities Agreement for Boat Club Center January 24, 2012 CPMS# 00591 00618 00616 00717 005791 006361 007491 007451 005461 005681 00767 00762 00372 001811 Quantity Unit 1,400 L F 630 L F. 65 L.F. 5 EA 75 1 L.F. 1 1 E.A. 51 EA 2 1 E.A. 2 1 E.A. 1 1 T.N. 3 1 E.A, 11 EA 2,095 1 L F 2001 L.F. 1 CPMS# Quantity Unit 00350 1,670 L F 00213 3 E.A. 00214 12 V.F. $ 00207 1 E.A. $ 00208 9 1 E.A. $ 002171 4 I E.A. $ 001981 4 1 E.A, 1 $ 002011 1,670 L.F. 003721 1,670 L.F. 003561 2 E.A. 1 Unit Price $ 38.00 $ 30.00 $ 28.00 $ 1,587,00 1 $ 400.00 1 $ 5,000.00 1 $ 935.00 1 $ 835.00 1 $ 2,360.00 1 $ 3,600.00 $ 866.00 $ 300,00 $ 1200 $ 15.00 Total Unit Price $ 45.00 $ $ 2,340.00 $ 148.00 $ 3,020.00 $ 257.00 1 $ 104.00 1 $ 39.00 1I $ $ 2.001$ 1$ 1.001$ 1 $ 270.00 1 $ 1 Total 1$ Total 53,200.00 18,900.00 1,820.00 7,935.00 30,000.00 5,000.00 4,675.00 1,670.00 4,720.00 3,600.00 2,598.00 300.00 2,095.00 3,000.00 139,513.00 Total 75,150.00 7,020.00 1,776.00 3,020.00 2,313.00 416.00 156.00 3,340.00 1,670.00 540.00 94,861.00 G:\613\021Engineering\CFA\61302 cfa