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HomeMy WebLinkAboutContract 63344City of Fort Worth, Texas Page 1 of 16 Standard Community Facilities Agreement Rev. 9/21 Received Date: _______________ Received Time: _______________ Developer and Project Information Cover Sheet: Developer Company Name: BJ’s Wholesale Club, Inc. Address, State, Zip Code: 350 Campus Drive, Marlborough, MA 01752 Phone & Email: 774-512-6799; wwerner@bjs.com Authorized Signatory, Title: William Werner, Executive Vice President Project Name: BJ’s Wholesale Club Brief Description: Water, Sewer, Paving, Storm Drain, and Street Lights Project Location: 5901 Altamesa Boulevard, Fort Worth, Texas Plat Case Number: FS-24-152 Plat Name: Tavolo Park Council District: 6 CFA Number: 25-0050 City Project Number: 105635 | IPRC24-0144 City of Fort Worth, Texas Page 2 of 16 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: _______________________ STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT (“Agreement”) is made and entered into by and between the City of Fort Worth (“City”), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and BJ’s Wholesale Club, Inc. (“Developer”), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a “party” and collectively as the “parties.” WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas for a project known as BJ’s Wholesale Club (“Project”); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement (“Community Facilities” or “Improvements”); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance (“CFA Ordinance”), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer’s duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. City of Fort Worth, Texas Page 3 of 16 Standard Community Facilities Agreement Rev. 9/21 Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City (“Engineering Plans”) are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: Exhibit A: Water Exhibit B: Sewer Exhibit C: Paving Exhibit D: Storm Drain Exhibit E: Street Lights Exhibit F: Traffic Signal The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, B, C, D, E, F, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 – Changes to Standard Community Facilities Agreement, Attachment 2 – Phased CFA Provisions, and Attachment 3 – Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements 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 specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer’s contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements (“Financial Guarantee”). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. City of Fort Worth, Texas Page 4 of 16 Standard Community Facilities Agreement Rev. 9/21 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City’s Assistant City Manager (“Effective Date”). Subject to Force Majeure, Developer shall complete construction of the Improvements and obtain the City’s acceptance of the Improvements within two (2) years of the Effective Date (“Term”), such acceptance not to be unreasonably withheld, conditioned, or delayed. If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time (“Extension Period”). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a)The City may utilize the Developer’s Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b)The City may utilize the Developer’s Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c)Nothing contained herein is intended to limit the Developer’s obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer’s agreements with Developer’s contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer’s contractors begin constructing the Improvements, Developer agrees to the following: (a)that Developer and City must execute a termination of this Agreement in writing; (b)that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c)to pay to the City the actual costs incurred by the City’s inspectors on the Project, including attendance at preconstruction meetings, at the rate adopted by the City Council for the construction inspection service fee for such work. 9. Award of Construction Contracts (a)Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. City of Fort Worth, Texas Page 5 of 16 Standard Community Facilities Agreement Rev. 9/21 (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c)Developer will require Developer’s contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer’s contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City’s Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d)Developer will require Developer’s contractors to provide the City with 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 must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor’s insurance provider, which shall be made a part of the Project Manual. (e)Developer will require the Developer’s contractors to give forty-eight (48) hours’ advance notice of their intent to commence construction of the Improvements to the City’s Construction Services Division so that City inspection personnel will be available. Developer will require Developer’s contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City’s inspectors. Developer will require Developer’s contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be reasonably required by the City. (f)Developer will not allow Developer’s contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g)Developer will not allow Developer’s contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of 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 Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights-of-Way City of Fort Worth, Texas Page 6 of 16 Standard Community Facilities Agreement Rev. 9/21 Developer agrees to provide, at its expense, all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a)DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b)THE DEVELOPER 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, ITS 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, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, EXCEPT TO THE EXTENT THAT SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OF FORT WORTH, OR ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, OR EMPLOYEES. (c)DEVELOPER WILL 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 IMPROVEMENTS CONTEMPLATED HEREIN, EXCEPT TO THE EXTENT THAT SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OF FORT WORTH, OR ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS’ FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS EXCEPT TO THE EXTENT THAT THE SAME ARE CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY, OR ITS OFFICERS, AGENTS, REPRESENTATIVES, OR EMPLOYEES. 13. Right to Enforce Contracts City of Fort Worth, Texas Page 7 of 16 Standard Community Facilities Agreement Rev. 9/21 Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, 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. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer within thirty (30) days after the date the City determines that such refund is due to Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The Financial Guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City (not to be unreasonably delayed) and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City’s list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Services BJ’s Wholesale Club, Inc. Contract Management Office 350 Campus Drive City of Fort Worth Marlborough, MA 01752 100 Fort Worth Trail Attn: William Werner, Executive VP Fort Worth, Texas 76102 City of Fort Worth, Texas Page 8 of 16 Standard Community Facilities Agreement Rev. 9/21 With copy to: With copies to: Attn: General Counsel Same Address City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager’s Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer’s contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor’s facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer’s contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and City of Fort Worth, Texas Page 9 of 16 Standard Community Facilities Agreement Rev. 9/21 employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City’s right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities that are not otherwise waived or surrendered by applicable law. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City of Fort Worth, Texas Page 10 of 16 Standard Community Facilities Agreement Rev. 9/21 City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer’s signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer’s signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer’s signature provides written verification to the City that City of Fort Worth, Texas Page 11 of 16 Standard Community Facilities Agreement Rev. 9/21 Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City, which consent will not be unreasonably withheld, conditioned, or delayed. Any attempted assignment or subcontract without the City’s prior written approval shall be void and constitute a breach of this Agreement. 31. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. City of Fort Worth, Texas Page 12 of 16 Standard Community Facilities Agreement Rev. 9/21 33. Signature Authority The person signing this Agreement on behalf of each respective party warrants that he or she has the legal authority to execute this Agreement on behalf of such party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The parties are fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. 36. Force Majeure It is expressly understood and agreed by the parties to this Agreement that, if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, strike, epidemic, pandemic, government orders, inclement weather, shortages or unavailability of labor or materials, unreasonable delays by the City in issuing any consents or conducting any inspections of or with respect to the Improvements, or other circumstances that are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not (collectively, “Force Majeure Event”), the party so obligated or permitted will be excused from doing or performing the same during such period of delay, so that the time period applicable to the completion of construction of the Improvements will be extended for a period of time equal to the period such party was delayed. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 13 of 16 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: BJ’s Wholesale Club CFA No.: 25-0050 City Project No.: 105635 IPRC No.: 24-0144 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 168,165.00$ 2. Sewer Construction 539,045.00$ Water and Sewer Construction Total 707,210.00$ B. TPW Construction 1. Street 102,226.90$ 2. Storm Drain 179,686.50$ 3. Street Lights Installed by Developer 165,025.00$ 4. Signals 101,500.00$ TPW Construction Cost Total 548,438.40$ Total Construction Cost (excluding the fees):1,255,648.40$ Estimated Construction Fees: C. Construction Inspection Service Fee $77,287.50 D. Administrative Material Testing Service Fee $4,134.00 E. Water Testing Lab Fee $506.25 Total Estimated Construction Fees:81,927.75$ Financial Guarantee Options, choose one Amount Choice (Mark one) Bond = 100%1,255,648.40$ X Completion Agreement = 100% / Holds Plat 1,255,648.40$ Cash Escrow Water/Sanitary Sewer= 125%884,012.50$ Cash Escrow Paving/Storm Drain = 125%685,548.00$ Letter of Credit = 125% 1,569,560.50$ Escrow Pledge Agreement = 125% 1,569,560.50$ City of Fort Worth, Texas Page 14 of 16 Standard Community Facilities Agreement Rev. 9/21 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City’s Assistant City Manager. CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: __________________ Recommended by: Dwayne Hollars Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: Form 1295: N/A ATTEST: Jannette S. Goodall City Secretary DEVELOPER BJ’S WHOLESALE CLUB, INC., a Delaware corporation by:__________________________ William Werner Executive Vice President Date: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Development Services Manager City of Fort Worth, Texas Page 15 of 16 Standard Community Facilities Agreement Rev. 9/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment Attachment 1 - Changes to Standard Community Facilities Agreement Attachment 2 – Phased CFA Provisions Attachment 3 – Concurrent CFA Provisions Location Map Exhibit A: Water Improvements Exhibit B: Sewer Improvements Exhibit C: Paving Improvements Exhibit D: Storm Drain Improvements Exhibit E: Street Lights and Signs Improvements Exhibit F: Traffic Signal and Striping Improvements Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 16 of 16 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT “1” Changes to Standard Community Facilities Agreement City Project No. 105635 Negotiated changes are contained in the body of the Agreement. � M�/� uJ � O � � U L.1_ � O L1J w � � W � O O O M w � � �� J � J X w � J � � � N O =�tiv zW� o Q U M � Z � N og� w � QoQ= ��o� � Q � Z � � V � J v� � Z TEXAS REGISTRATION #14199 1� Z � w W Z 1� W �O � v � � — 0 � Z � V c.i 0 � � U � Q � � � � ,� o U � � ���w w � o o � o� �o r� Q X N � ���> Z � � J W ��jjU m�=�ma a � � � z � U � � M CO � 0 � a U 0 Z W C� W J O O M w � � � � J � J X w �' � N O �� =z�� zw�� U M � Z � N og� a�o� L.L W � O L1J w � � � w � O w w Z Z � J �' � w W ¢ � � � W Z � � a � O W� �`� w J U� U� 2 a � � c7 0 � �- ow � � U � w - � Z N � Z�Wa'> OXZc� U W � X � w � > � N � N wX � TEXAS REGISTRATION #14199 � Z o �/ � U � ` � � W � � N W � W �oa� Zo�o�o Q X N � � � ���} �J w��g ZW U � Z W °� �w � mlll � ooa ---n---=- =-- a , ------------ i i i 8 QW� Z �j ~ Z � /J � J i � � � w w � H a I Z Q 1 � Q 0 � � I U - v /�. � I. w �! 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PROPOSAL FORM Bidder's Proposal Description TOTAL UNIT I: WATER IMPROVEMENTS $168,165.00 Bid Quantity Unit Price Bid Value Project Item Information Bidlist Item No. UNIT PRICE BID Bidder's Application CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Final Docs_Bid Tabs 00 42 43 DAP - BID PROPOSAL Page 2 of 7 Specification Section No. Unit of Measure SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information Bidlist Item No. UNIT PRICE BID Bidder's Application 1 3331.4212 12" DIP Sewer 33 11 10 LF 877 $110.00 $96,470.00 2 3331.4208 12" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 434 $95.00 $41,230.00 3 3331.4119 8" DIP Sewer Pipe 33 11 10 LF 475 $100.00 $47,500.00 4 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 434 $85.00 $36,890.00 5 3331.4213 12" DIP Sewer, CSS Backfill 33 11 10 LF 877 $130.00 $114,010.00 6 3331.4117 8" Sewer Pipe, Select Backfill 33 11 10, 33 31 12, 33 31 20 LF 434 $100.00 $43,400.00 7 3331.4108 6" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 66 $75.00 $4,950.00 8 3339.1103 5' Extra Depth Manhole 33 39 10, 33 39 20 VF 4 $250.00 $1,000.00 9 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 4 $6,000.00 $24,000.00 10 3339.0001 Epoxy Manhole Liner 33 39 60 VF 150 $160.00 $24,000.00 11 3305.1104 24" Casing By Other Than Open Cut 33 05 22 LF 160 $325.00 $52,000.00 12 3301.0101 Manhole Vacuum Testing 33 01 30 EA 12 $325.00 $3,900.00 13 3301.0002 Post-CCTV Inspection 33 01 31 LF 2220 $2.25 $4,995.00 14 3305.0109 Trench Safety 33 05 10 LF 2220 $5.00 $11,100.00 15 3339.1102 5' Drop Manhole 33 39 10, 33 39 20 EA 2 $7,500.00 $15,000.00 16 3339.1101 5' Manhole 33 39 10, 33 39 20 EA 2 $7,500.00 $15,000.00 17 3301.0004 Final MH-CCTV Inspection 33 01 31 EA 12 $300.00 $3,600.00 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 37 38 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $539,045.00 UNIT II: SANITARY SEWER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Final Docs_Bid Tabs 00 42 43 DAP - BID PROPOSAL Page 3 of 7 Specification Section No. Unit of Measure SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information Bidlist Item No. UNIT PRICE BID Bidder's Application 1 3341.0402 42" RCP, Class III 33 41 10 LF 421 $175.00 $73,675.00 2 3341.0309 36" RCP, Class III 33 41 10 LF 158 $150.00 $23,700.00 3 3341.0205 24" RCP, Class III 33 41 10 LF 115 $110.00 $12,650.00 4 3137.0101 Concrete Riprap 31 37 00 SY 64 $100.00 $6,400.00 5 3137.0102 Large Stone Riprap, dry 31 37 00 SY 620 $85.00 $52,700.00 6 3349.5001 10' Curb Inlet 33 49 20 EA 2 $4,500.00 $9,000.00 7 3301.0002 Post-CCTV Inspection 33 01 31 LF 694 $2.25 $1,561.50 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 UNIT III: DRAINAGE IMPROVEMENTS TOTAL UNIT III: DRAINAGE IMPROVEMENTS $179,686.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Final Docs_Bid Tabs 00 42 43 DAP - BID PROPOSAL Page 4 of 7 Specification Section No. Unit of Measure SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information Bidlist Item No. UNIT PRICE BID Bidder's Application 1 3213.0103 8" Conc Pvmt 32 13 13 SY 2864 $9.60 $27,494.40 2 0241.0100 Remove Sidewalk 02 41 13 SF 594 $5.00 $2,970.00 3 0241.0600 Remove Wall > 4' 02 41 13 LF 103 $15.00 $1,545.00 4 3213.0301 4" Conc Sidewalk 32 13 13 SF 260 $5.80 $1,508.00 5 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 3 $700.00 $2,100.00 6 3211.0502 8" Lime Treatment 32 11 29 SY 2864 $7.50 $21,480.00 7 0241.1300 Remove Conc Curb&Gutter 02 41 15 LF 611 $5.50 $3,360.50 8 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 1989 $21.00 $41,769.00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 UNIT IV: PAVING IMPROVEMENTS TOTAL UNIT IV: PAVING IMPROVEMENTS $102,226.90 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Final Docs_Bid Tabs 00 42 43 DAP - BID PROPOSAL Page 5 of 7 Specification Section No. Unit of Measure SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information Bidlist Item No. UNIT PRICE BID Bidder's Application 1 3441.3352 Furnish/Install Rdway Illum TY 18 Pole 34 41 20 EA 5 $5,691.00 $28,455.00 2 3441.1645 Furnish/Install Type 33A Arm 34 41 20 EA 8 $915.00 $7,320.00 3 3441.1703 TY 3 Signal Foundation 34 41 10 EA 5 $6,622.00 $33,110.00 4 3441.3001 Rdwy Illum Assmbly TY 1,4, and 6 34 41 20 EA 8 $4,341.00 $34,728.00 5 2605.3015 2" CONDT PVC SCH 80 (T) 26 05 33 LF 436 $39.00 $17,004.00 6 2605.3016 2" CONDT PVC SCH 80 (B) 26 05 33 LF 478 $81.00 $38,718.00 7 9999.0000 Luminaire Heads ATB0-P303-MVOLT-R2-3KMP-NL-P7-AO- RFD322792 26 05 33 EA 5 $1,138.00 $5,690.00 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 30 31 32 33 34 36 38 39 UNIT V: STREET LIGHTS IMPROVEMENTS TOTAL UNIT V: STREET LIGHTS IMPROVEMENTS $165,025.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Final Docs_Bid Tabs 00 42 43 DAP - BID PROPOSAL Page 6 of 7 Specification Section No. Unit of Measure SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information Bidlist Item No. UNIT PRICE BID Bidder's Application 1 3441.1003 Furnish/Install 5-Sect Signal Head Assembly 34 41 10 EA 1 $7,100.00 $7,100.00 2 3441.1010 Remove Signal Head Assembly 35 41 10 EA 1 $150.00 $150.00 3 3441.1012 Furnish/Install Ped Signal Head Assmbly 36 41 10 EA 4 $1,839.00 $7,356.00 4 3441.1016 Remove Ped Signal Head Assembly 37 41 10 EA 4 $150.00 $600.00 5 3441.1019 Furnish/Install Backplate w/ Refl Brdr 38 41 10 EA 1 $370.00 $370.00 6 3441.1031 Furnish/Install Audible Pedestrian Pushbutton S 34 41 10 EA 8 $2,216.00 $17,728.00 7 3441.1033 Remove Pedestrian Pushbutton Station 34 41 10 EA 8 $70.00 $560.00 8 3441.1322 3/C 14 AWG Multi-Conductor Cable 34 41 10 LF 1020 $6.00 $6,120.00 9 3441.1503 Furnish/Install Ground Box Type D, w/Apron 34 41 10 EA 1 $5,118.00 $5,118.00 10 3441.1726 Replace ATC Signal Controller 34 41 10 EA 1 $7,383.00 $7,383.00 11 3441.1741 Furnish/Install 352i Controller Cabinet Assembl 34 41 10 EA 1 $34,881.00 $34,881.00 12 3441.2011 Remove Signal Cabinet Foundation 34 41 13 EA 1 $1,210.00 $1,210.00 13 3441.4005 Install Alum Sign Mast Arm Mount 34 41 30 EA 6 $517.00 $3,102.00 14 3441.4006 Install Alum Sign Ground Mount 35 41 30 EA 1 $1,822.00 $1,822.00 15 3471.0001 Traffic Control 34 71 13 MO 1 $8,000.00 $8,000.00 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTAL UNIT VI: TRAFFIC IMPROVEMENTS UNIT VI: TRAFFIC IMPROVEMENTS $101,500.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Final Docs_Bid Tabs 00 42 43 DAP - BID PROPOSAL Page 7 of 7 Specification Section No. Unit of Measure SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information Bidlist Item No. UNIT PRICE BID Bidder's Application This Bid is submitted by the entity named below: BIDDER: BY: MYCON General Contractors 17311 Dallas Parkway, Suite 300 Dallas, TX 75248 TITLE: Tel: 903.328.8220 DATE: 183 END OF SECTION $1,255,648.40Total Construction Bid $179,686.50 $102,226.90 $165,025.00 $168,165.00 UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS $101,500.00 Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the CONTRACT commences to run as provided in the General Conditions. 5/2/2025 Logan Oestreich Project Manager Bid Summary $539,045.00 UNIT V: STREET LIGHT IMPROVEMENTS UNIT I: WATER IMPROVEMENTS UNIT VI: TRAFFIC IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Final Docs_Bid Tabs