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HomeMy WebLinkAboutContract 43574 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT • City Secretary Contract No. L4357L-I WHEREAS, the undersigned Developer ("Developer") desires to make certain improvements ("Improvements") related to a project as described below ("Project"), an addition to the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this "Agreement" in connection with the Improvements. Developer Information: Developer Company Name: QuikTrip Corporation Address, State, Zip Code: 1120 N. Industrial Blvd., Euless, TX 76039 Phone, E-Mail: JD Dudley, Real Estate Project Manager (817) 786-3187, jdud1eyquiktrip.corn Authorized Signatory/Title: Joseph S. Faust, Director of Real Estate Project Name: QuikTrip #0957 Project Location: 12391 S. Freeway Plat Case No.: FS-010-056 Plat Name: QT 957 Addition Mapsco: 119K CFA: 2012-034 DOE: 6750 To be completed by if Received by: ca. Council District: 8 City Project No: 01819 id\s‘70k 1 Date: OFFICIAL MIN SECRET RY IPia int9 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 Policyinthe performance of its duties and obligations hereunder and to cause p 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 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 m 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 tem' 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 submittal should occur no less _than_10 working days prior1o_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_sustainedby- -- _ 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 DhVELOPER, 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 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. 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 Develop-er'_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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Cost Summary Sheet • • Project Name: QuikTrip 740957 CFA No.: 2012-034 DOE No.: 6750 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 1. Water Construction. 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer TPW Construction Cost 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 TRW Inspection Fee (4%) F. TRW 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 I Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% 'Letter of Credit = 125% w/2yr expiration period Developer's Cost $ 35,023.00 62,270.00 97,293.00 _ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ MEI 97,293.00 1,945.86 1,945.86 3,891.72 WEI mom 3,891.72 Amount 97,293.00 97,293.00 121,616.25 121,616.25 Choice (ck o e) V 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 D veloper has executed this instrument in quadruplicate, at Fort Worth, Texas this / / day of - - ,20 / . CITY OF FORT WORTH - Recommended by: Water Department Transportation & Public Works Department 61r1714gcL kme Wendy Cht Babulal, EMBA, P.E. Douglas W. Wiersig, P.E. Development Engineering Manager Director Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. /;.A_ Date: ATTEST: Mary J. Kays City Secretary ATTEST: inQtAleifri Signature (Print) Name: � bp Approved by City Manager's Office Fernando Costa Assistant City Manager 0000000 do' ot. azAttefr QuikTrip Corporation 9 T Signature Print Name: J Title: se t al ea" ( fttiejsit OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included ►1 /1 /1 El ❑ n 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) 0 K G E 2 08 D M 2 CONNECT NEW 10" WATER TO EX 8" WATER INSTALL: 1 -8"x10" REDUCER N 52.17.16.E al 13' 1fl0L',17121 NA1 5L20. J1,71P 4101, INSTALL: 1 -1./2" WATER SERVICE W/1Y2" METER BOX 1-1./2" GATE VALVE LOCATED 1' BEHIND EASEMENT LINE INSTALL 806 LP OF NEW 10" WATER 5 A PROPERTY LINE CURVE TABLE 11 940409 11=R N - 1/ 1 1 2 3 4 9 INSTALL: 1 -2" WATER SERVICE W/1Y2" METER BOX 1 -2" GATE VALVE LOCATED 1' BEHIND EASEMENT LINE 6. ' 5 89.156Z 6 INSTALL: 1-11%4° 10" BEND 1-22%2° 10" BEND 1 O465.30,1 10 11 I ' I TI k 20' UTILITY EASEMENT 1., VACATED INST. NO. '..,., 212176422 1 - - - ."15' SANITARY SEWER I--- - 1, EASEMENT SS 12 13 14 15 • cn (2 15' SANITARY SEWER V ,± EASEMENT 03 7 CROWLEY-RENDON j [DC -20 Imo 1 511111 37 OLJWIRIP 3108 7 1:31-- PI 11 INSTALL: 1 -1 0"X6" TEE 1 -6" VALVE 1 -FH END & PLUG NEW 10" WATER 9 10 11 EXHIBIT A WATER 12 13 30 15 0 =In 30 60 14 15 v.- 000T00I00/0 (0401/121 ANtgort DAL,: VEMION oulcneo [NA DOWN or.. [ FIEVINNR, DPOS SHE, ITU: OVERALL WATER LAYOUT 2 Q F N M L C. 0 a3 14TOM :NIT--161 CONST STD 4' DIA MH 311 LF OF NEW 8" SDR-26 PVC CONST STD 4' DIA MH CONST STD 4' DIA MH �:Et3.LCSi>ff9,S. N 52'17'16 47,13' , F. L1-07R 6 7 1 ROAD 2 3 4 5 6 f/) 8 298 LF OF NEW 8" SDR-26 PVC , a 15' SANITARY SEWER J.— EASEMENT „I OUIx'RII CNN ,PE LI--0' 7 9 10 11 588 LF OF NEW 8" SDR-26 PVC 145 LF OF NEW 8" SDR-26 PVC .-0L,----CONST STD 4' DIA MH 15' SANITARY SEWER �—EASEMEN237 L-F OF NEW 8" SDR-26 PVC.. �11 CONST STD 4' DIA MH 8 9 10 11 12 12 13 14 15 EXHIBIT A-1 SEWER 50 25 0 50 100 � � 1 13 14 15 IJo ro...o. winrnent *a "Oberland e me. nu by 0'.m:r M,, ID P3013 2N4 m TO>0C1 NO. OB%] ,W I BNDIOl w. ro0102m3l1/1 1 10M90x: DALE: 1 VEMION: WI 1 DESIGNED BY, CA 1 DRAWN or. NNE 1V1C EDnr. 0P00 N m OVERALL SANUPAY SEWER LAYOUT SHEET NUMBER - PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contiact Documents. TO: QUIKTRIP CORP. PROPOSAL FOR: PROJECT NAME• QT #957 WATER PROJECT NO. (_P265-608150181983 1 S I( WER PROJECT NO. P265-708130181983 FILE NO. W-2198 DOE No. 6750 CITY PROJECT NO. ( 01819 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment 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 foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, the General Contract Documents and General Specifications for Water Department Projects, the General Contract Documents and General specifications for Transportation and Public works Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished 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 Peiformance 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: Updated: 8/30/2010 UNIT 1: WATER Bid Item Approx. Unit Number Quantity Measurement 1 806 LF. 2 5 L.F.. 3 1 TON 4 1 EA. 5 10 L.F. 6 1 EA. 7 10 L.F.. 8 9 10 11 1 L S 12 13 1 EA. 1 LS 1 LS 1 L.S.. 1 L.S.. UNIT 1• ShWER 1 2 3 4 5 6 7 8 9 Bid Item Desci iption Unit Total Price Amount 10" WATER PIPE $ 33.00 Thirty Three Dollars & Zero Cents Per L.F. 6" WATER PIPE $ 25.00 Twenty Five Dollars & Zero Cents Per L.F. DUCTILE IRON WATER FITTINGS $ 1,000.00 One Thousand Dollars and Zero Cents Per To r INSTALL 2" TAP $ 1,200.00 One Thousand Two Hundred Dollars and Zero Cents Per EA. 2" COPPER SERVICE $ 20.00 One Thousand Five Hundred Dollars and Zero Cents Per EA. INSTALL 1 1/2" TAP $ 1,200.00 One Thousand Two Hundred Dollars and Zero Cents Per EA. 1 %?' COPPER SERVICE $ 20.00 One Thousand Two Flundred Dollars and Zero Cents Per EA. 6" GATE VALVE $ 1,000.00 One Thousand Dollars and Zero Cents Per EA. FIRE HYDRANT $ 2,200.00 Two Thousand Two Hundred Dollars and Zero Cents Per EA. TRAFFIC CONTROL $ 600.00 Six Hundred Per L.S. BROADCAST SEEDING, WATERING $ 1,200.00 One Thousand Two Hundred Per L.S. TRENCH SAFETY $ 200.00 Two Hundred Per L.S. TESTING $ 300.00 Three Hundred Per L.S. Bid Item Appiox. Unit Bid Item Number Quantity Measurement Description 1 LS 1579 L.F. 5 EA. 5 EA. 1 EA. 10 L.F. 1 EA. 10 L.F. 4 EA. Unit Total Price Amount CONNECT TO EXISITNG MANHOLE $1,200.00 One Thousand Two Hundred Dollars and Zero Cents Per L S. INSTALL 8" SDR-26 PVC PIPE$ 27.00 44,212.00 Twenty Eight Dollars and Zero Cents Per L.F INSTALL 4' DIA. MANHOLE $1,500.00 One Thousand Five Hundred Dollars and Zero Cents Per EA. INSTALL CONCRETE COLLAR $ 200.00 Two Hundred Dollars and Zero Cents Per EA 8" TAP & SERVICE TO EASEMENT LINE$ 200.00 Two Hundred Dollars and Zero Cents Per EA. 26,598.00 125.00 1,000.00 1,200.00 200.00 1,200.00 200.00 1,000.00 2,200.00 600.00 1,200.00 200.00 300.00 8" SERVICE TO EASEMENT LINE Twenty Dollars and Zero Cents Per L.F. 6" TAP & SERVICE TO EASEMENT LINE$ Two Hundred Dollars and Zero Cents Per EA. 6" SERVICE TO EASEMENT LINE Twenty Dollars and Zero Cents Per L.F. REPAIR EXIST DRIVEWAY (ROCK) $ $ $ 500.00 20.00 200.00 Five Hundred Dollars and Zero Cents Per EA. 20.00 1,200.00 7,500.00 1,000.00 200.00 200.00 200.00 200.00 2,000.00 Updated: 8/30/2010 10 11 12 13 1 L.S. 1 L.S. 1579 L.F.. 1579 L.F. TOTAL AMOUNT BID WATER TOTAL AMOUNT BID SEWER TRAFFIC CONTROL $ 400.00 Four Hundred Dollars and Zero Cents Per L.S. BROADCAST SEEDING, WATERING $ 2,000.00 Two Thousand Dollars and Zero Cents Per L S VACUUM TESTING& POST CONST. T.V.$ 2 00 TRENCH SAFETY $ 1.00 One Dollars Per L.F. 'BID SUMMARY $ 35,023.00 $ 62,270.00 GRAND TOTAL AMOUNT BID $97,293.00 400.00 2,000.00 3,158 00 1,579.00 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 Depaitment 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 following publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications 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 complete the contract within NINETY (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 . Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders 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 in 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. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted, By: BRETT C L I- DB hTTER Title CFO Address PO BOX 154897 IRVING, TX 75015 Telephone: 972-438-8811 Fax: 972-438-8844 Updated: 8/30/2010