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HomeMy WebLinkAboutContract 47190 1 1 „ cw'w. T � STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, the undersigned Developer ("Developer") desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Walmart 7251 ("Project") within the City of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement("CFA" or"Agreement") in connection with the Improvements and 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: 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, as amended, is hereby incorporated into this Agreement 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 Improvements. Developer acknowledges that the said acceptance process requires the Developer's contractor(s) to submit an affidavit of bills paid signed by its contractor and consent of surety signed by City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 1A0,1 "e r� ��V( Page 2 of 11 - q r r Vy/ pp its surety to ensure the contractor has paid any sub-contractors and suppliers in full. Additionally, the contractor must also provide in writing that the contractor has been paid in full by Developer for all the services provided under their 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 describe the Improvements and are incorporated herein: Water (A) M, Sewer (A-1) Mx!, Paving (B) ©,, Storm Drain (B-1) ❑, Street Lights & Signs (C) E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. F. For all Improvements 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 prequalified, insured, licensed and bonded to do work in public streets and/or 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 Improvements, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the Improvements valid for a period of two (2) years from the date of final acceptance 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 City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 3 of 11 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 Certificate of Insurance (ACORD or other state- approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give at least 48 hours' advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available; to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to not 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 in order 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 shall provide, at its expense, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements contemplated 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. City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 4 of 11 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 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 DEVELOPER, 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 Go 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. City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 5 of 5 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. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period, the developer may request that the CFA be extended for one additional year. 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 Improvements if at the end of two (2) years from the date of this Agreement (and any extension period)the Improvements 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 Improvements or to cause the payment of costs for construction of same before the expiration of two (2) years if the Developer City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 6 of 11 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) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 7 of 11 Cost Summary Sheet Project Name: Walmart 7251!. CFA No.: 2015-070 DOE No.: 7296 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 $ 68,499.16 2.Sewer Construction $ 89,559.26 Water and Sewer Construction Total $ 158,058.42 B. TPW Construction 1.Street $ 25,123.55 2.Storm Drain 3.Street Lights Installed by Developer 4. Signals TPW Construction Cost Total $ 25,123.55 Total Construction Cost(excluding the fees): $ 183,181.97 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 3,161.17 D. Water/Sewer Material Testing Fee(2%) $ 3,161.17 Sub-Total for Water Construction Fees $ 6,322.34 E. TPW Inspection Fee(4%) $ 1,004.94 F. TPW Material Testing(2%) $ 502.47 G. Street Light Inspsection Cost $ H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ 2,940.00 Sub-Total for TPW Construction Fees $ 4,447.41 Total Construction Fees: $ 10,769.75 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 183,181.97 Completion Agreement=100%/Holds Plat $ 183,181.97 Cash Escrow Water/Sanitary Sewer=125% $ 197,573.03 City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER Walmart Real Estate Business Trust Jesus4. Chapa � Pa Assistant City Manager Name: Michael Alro Title: Director of Project Design and Date: �� �� Management Recommended by: Date: ATTEST: (Only if required by Developer) a Wendy Chi-flabulal, EMBA, P.E. Development Engineering Manager Water Department Signature Name: iiersig, P.E. Direc �� Transportation &Public Works Department Approved as to Form &Legality: ATTEST: r m Douglas W. . Black Assistant City Attorney ry J.Psrr IJ City Secretary �. M&C No. Date: City of Fort Worth Texas Standard Community Facilities Agreement '�� � CFA Official Release Date: 07.30.2015 a �9�� Ir , f �( I9 � s�lI�I✓, �� Page 9 of 11 � i Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment Attachment 1 - Changes to Standard Community Facilities Agreement Location Map Exhibit A: Water Improvments �! Water Cost Estimate Exhibit A-1: Sewer Improvements Sewer Cost Estimate Exhibit B: Paving Improvements Paving Cost Estimate Exhibit 13-1: Storm Drain Improvements ❑! Storm Drain Cost Estimate El, C: Street Lights and Signs Improvements ❑! Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 023 5 7 Paragraph L is hereby revised to read as follows: 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, 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. City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 11 of 11 THE CITY OF FORT WORTH COST EXHIBITS PUBLIC IMPROVEMENTS TO SERVE WALMART STORE 7251 PROJECT LOCATION cike Estates Al 'j, SITE wr-; ,wu "r�Y'9fS ih�Y V4 �?ckr� SITE LOCATION MAP N.T.S. FORTWORTH Klomley * Horn IF- Walmart#7251-00 Summer Creek Station Paving Estimate Paving Improvements Item No. Item Description Specificatioon Section Unit Quantity Unit Price Cost 1 3213.0204 9"Concrete Pavement 32 13 13 SY 513 $ 4.95 $ 2,539.35 2 3213.0401 6"Concrete Driveway 32 13 20 SF 3575 $ 3.18 $ 11,368.50 3 3211.0501 6"Lime Treatment 3211 33 SY 988 $ 5.15 $ 5,088.20 4 3216.0101 6"Concrete Curb and Gutter 32 16 13 LF 350 $ 13.75 $ 4,812.50 5 3217.1002 Lane Legend Arrow 32 17 23 EA 2 $ 250.00 $ 500.00 6 3217.0203 8"SLID Pvmt Marking Tape(W) 1231723 LF 190 $ 3.50 $ 665.00 7 3217.2102 REFL Raised Marker TY I-C 1321723 EA 6 $ 25.00 $ 150.00 Total: $ 25,123.55 Basis for Cost Projection: ❑ No Design Completed ❑ Preliminary Design p Final Design e 3 1 x - PROPOSED CONCRETE , - J s T DRIVEWAY — s D _l PROPOSED CONCRETE ' DRIVEWAY _.: C- PROPOSED CONCRETE F i DRIVEWAY v € " PROPOSED CONCRETE PAVEMENT -- PROPOSED CONCRETE zz DRIVEWAY e pq GR088lEABEABIE AREABF.M1,/11 BUILDING AREA B.F.=4IX3 f # 8 TOTAL BUILDING AREAB.F..41.= F.F.E-104.W ( I (# Ty SCALE: 1"=100' t 9 EXHIBIT B: PAVING IMPROVEMENTS Kiml%;;y .-f/ Horn WALMART STORE#7251 ............ .......... EXISTING 12" WIL SYCAMORE SCHOOL ROAD .......... w Z. CONNECT TO CONNECT TO w EXISTING 8 EXISTING 8" WATER STUB WATER STUB PROPOSED WATER IMPROVEMENTS cn (DEVELOPER COST) PROPOSED WATER IMPROVEMENTS AND FIRE HYDRANT WITH FITTINGS (81$X6" REDUCER AND 6" GATE VALVE) rn (DEVELOPER COST) ................... . 0 .. .....I I. em CONNECT TO EXISTING 16" WATER MAIN PROPOSED WATER IMPROVEMENTS (DEVELOPER COST) Py Walmart J, STORENUMBERM.00 EXISTING 16" WIL PROTO L-"l(RX-R) GROSS LEASFABLr AREA S. 1.117 BUILDINGAREA SY,41" TOTAL BUILDING AREA&F.1=1952 0 RRE. 8N.W If /u SCALE: I"=100' . ......... EXHIBIT A: WATER IMPROVEMENTS KimleryoMorn WALMART STORE #7251 . . . . EXISTING 10 SS MAIN--\ SYCAMORE SCHOOL ROAD CO;NNECT TO EXISTING� 1C ANITAR EWE SANITARY SEWER MAIN ^ 4" SANITARY SEWER SERVICE—' PROPOSED F SANITARY SEWER IMPROVEMENTS rn (DEVELOPER COST) Walmart STORE NUMBER 725-00 LEASEABLEAREAS, 1,111 GROW E ISTING 8" SS MAIN BU TOTAL BUILDING AREA S.R�1,952 tl It EXHIBIT A-1: SANITARY SEWER IMPROVEMENTS Kimley\rf,,l/,,Horn WALMART STORE #7251 FF-- Walmart#7261.00 Summer Creek Station Water Estimate Water Improvements Item No. Item Description Specificatioon Section Unit Quantity Unit Price Cost 1 3312.0106 Connection to Existing 16"Water Main 33 05 10 EA 1 $ 6,486.00 $ 6,486.00 2 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 2 $ 2,496.00 $ 4,992.00 3 3312.4112 16"x 8"Taping Sleeve and Valve 33 12 25 EA 1 $ 6,486.00 $ 6,486.00 4 3312.3003 8"Gate Valve 33 12 20 EA 1 $ 3,896.00 $ 3,896.00 5 0241.1118 4"-12"Pressure Plug 0241 14 EA 3 $ 541.00 $ 1,623.00 6 3312.3002 6"Gate Valve 33 12 20 EA 1 $ 1,362.00 $ 1,362.00 7 3312.2801 3"Water Meter and Vault 33 12 11 EA 1 $ 13,134.00 $ 13,134.00 8 3312.2103 1 1/2"Water Service 33 12 10 EA 1 $ 2,934.00 $ 2,934.00 9 3312.2003 1"Water Service 331210 EA 1 $ 2,115.00 $ 2,115.00 10 3311.0051 4"DIP Water 3311 10 LF 8 $ 110.35 $ 882.80 11 3311.0251 8"DIP Water 3311 10 LF 36 $ 52.21 $ 1,879.56 12 3311.0161 6"PVC Water Pipe 3311 12 LF 16 $ 33.20 $ 531.20 13 3311.0261 8"PVC Water Pipe 3311 12 LF 65 $ 56.59 $ 3,678.35 14 3312.0001 Fire Hydrant 33 12 40 EA 1 $ 3,724.00 $ 3,724.00 15 3305.1102 16"Casing by Other Than Open Cut 33 05 22 LF 35 $ 335.34 $ 11,736.90 16 3305.2002 8"Water Carrier Pipe 33 05 24 LF 35 $ 57.21 $ 2,002.35 17 3311.0001 Ductile Iron Fittings w/Restraint 3311 11 TN 0.3 $ 3,000.00 $ 900.00 18 3305.0109 Trench Safety 33 05 10 LF 136 $ 1.00 $ 136.00 Total: $ 68,499.16 Basis for Cost Projection: ❑ No Design Completed ❑ Preliminary Design U Final Design E77 Walmart#7251-00 Summer Creek Station Sewer Estimate Sanitary Sewer Improvements Item No. Item Description Specificatioon Section Unit Quantity Unit Price Cost 1 3331.4102 4"Sewer Pipe,CSS backfill 33 11 10,33 31 20 LF 37 $ 40.37 $ 1,493.69 2 3331.4109 6"Sewer Pipe,CSS backfill 33 11 10,33 31 12 LF 20 $ 41.83 $ 836.60 33 31 20 3 3331.4116 8"Sewer Pipe,CSS backfill 33 11 10,33 31 12 LF 232 $ 50.09 $ 11,620.88 33 31 20 4 3305.0113 Trench Water Stops 33 05 15 EA 2 $ 150.00 $ 300.00 5 3339.1001 4'Manhole 33 39 10,33 39 20 EA 2 $ 3,170.00 $ 6,340.00 6 3339.1002 4'Extra Depth Manhole 33 39 10,33 39 20 VF 25 $ 535.00 $ 13,375.00 7 3339.0001 Epoxy Manhole Liner 33 39 60 VF 34 $ 50.00 $ 1,700.00 8 3331.3102 4"2-Way Cleanout 3331 50 EA 2 $ 752.00 $ 1,504.00 9 3331.3202 6"2-Way Cleanout 3331 50 EA 1 $ 812.00 $ 812.00 10 3305.3002 8"Sewer Carrier Pipe 33 05 24 LF 123 $ 90.70 $ 11,156.10 11 3305.1102 16"Casing by Other Than Open Cut 33 05 24 LF 123 $ 298.79 $ 36,751.17 12 3331.4119 8"DIP Sewer Pipe,CSS Backfill 33 11 10,33 31 12, LF 35 $ 85.70 $ 2,999.50 33 31 20 13 3301.0002 Post-CCTV Inspection 33 01 31 LF 252 $ 1.66 $ 418.32 14 3305.0109 Trench Safety 33 05 10 LF 252 $ 1.00 $ 252.00 Total: $ 89,559.26 Basis for Cost Projection: ❑ No Design Completed ❑ Preliminary Design D Final Design