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Home My WebLink AboutContract 30855 I 1 -0I-04 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No WHEREAS, Lowe's Home Centers, Inc, a North Carolina corporation, hereinafter called "Developer", desires to make certain improvements to Lowe's Home Centers, Inc — NEC of Anderson Boulevard and Eastchase Parkway, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through David E. Shelton, its duly authorized Senior Vice-President, and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: I. 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, is hereby incorporated into this Community Facilities Contract as if copy herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section I1, of the I olioy-. E.Fort Worth CFA Agreement TPW LCB 101-19-04.doc �- i F. 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 iniuries, 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. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). 1. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). J. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: ..- E.Fort Worth CFA Agreement TPW LCB 10x19-04.doc , � _ Water (A) None; Sewer(A-1) None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. H. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, BI, and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of "current improvements" and shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, BI, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 349,551.28 . Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. E.Fort Worth CFA Agreement TPW LCB 1(519-04.doc 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, a d said Developer has executed this instrument in triplicate, at Fort Worth,Texas this the�rday of , 2004. Approval Recommended: Transportation and Public Works Department f Robert Goode, P. E. Director City of Fort Worth Marc Ott Assistant City Manager ATTEST: K� "Ll K�Onjok Contract Authorization Marty Hendrix City Secretary Date Approved as to Form: 4 U j L_ Assistant City Attorney ATTEST: DEVELOPER Lowe's Home/Centers, Inc. By: *,S; Co� ay David E. Shelton ate Secre ry Senior Vice-President lq'a E.Fort Worth CFA Agreement TPW LCB 1019-04.doc -_ - SUMMARY OF COST Lowes Home Improvement at Eastchase Pkwy. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets '"' $336,107.00 $ 336,107.00 2. Storm Drainage $0.00 $ - 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ - B. Engineering Design $ - C. Construction Engineering and Mana ement b DOE 4% $ 13,444.28 --13,444.28 TOTALS $ 349,551.28 $ - $ 349,551.28 "* Includes traffic signal modification CFA CODE: 4 i - EST !; PR®'JEC T L 0 C TION FORT J J� cj /Y J N T. WHfTF = JIMNIIE BULL SAR 1AIW JO 4 C R,; C COTTONWOOD ' Y -n --SDN _ Tee (. VILLAGE i flfJff� U - .A Kc OAKW d z E WORTH CITY 7� m w roc cn U rico � O � Goy I ^�m J O D U z EN[WO D STAIR o ; ��- z OAK �7 - V o� P E o WOO �0 WE RN MEA[}OW BROCIK J ni _ OyC RA Gw - -� Q Q z = u U C O 7 T0� a LOWEmS HOME IMPROVEMENT WA V/C/N/T Y MA P fJ llUlS r 111 ADAMS CONSULTING ENGINEERS, INC. - CIVIL• ENVIRONMENTAL ENGINEERS 500 Nolen Drive,Suite 550•Southleke,Tome 75092 Phone:(317)329-6990•Fw:(617)329-7671 61Y "t' C'fco JGr7 N0. 1w FEE i C-A 8s. 2003-72 08"06054 -Z- 7E 9� LOWEmS i I NOME IM�lOY�MYR wAl�IIOYf� is ' cc 116K 116K SQUARE Q ;f' li F.F.E.=51700 'I I ill < I I � T n:lFi I iA I _ I C4 _ J Q � - J i W Ji p A i .cr _ 99 w lel ISI I�l IJ i si ro Iil , I+I �r �- Cf �f LEGEND Lr, PROPOSED SIDEWALK pfvi G o PROPOSED HEAVY DUTY ASPHALT _ PAVEMENT OR CONCRETE ANDERSON BL J/D. LO W Em S / HOME ullusovsnluNr wI1B�IIdYs! EXH/B/T B PA VINE W/ SIDEWALK ADAMS CONSULTING ENGINEERS, INC. - CIVIL■ ENVIRONMENTAL ENGINEERS 500 Nolen Olive,Suite 550•Southleka;Tara¢78092 Phone:18171 329-8990•Fax:181 3aa-7&71 BY --':k''_i JO6' NO. I Y 0 1 I I I� 1 LOWEES ply NOMa lal�lOYUa�MT rAlMOYN �i 116K SQUARE � P!4 F.F.E.=517.00 co I �. r—� Q 1 �-73 � i I I Q I 'I ANDERSON ' BL VD. \ j I \ II ,I I;I i I 1♦ II 1 1I UJ EmSLO NOME IMPROVEMENT WA LEGEND EXHIBIT B-1 STORM SEWER EXISTING RCP ADAMS CONSULTING ENGINEERS, INC. EXISTINGSTMH ��J, CIVIL• ENVIRONMENTAL ENGINEERS PROPOSED CONSTRUCT 500 Nolen Drive,Suite 550•Southlake.Texas 76092 CONCRETE JUNCTION BOX APhone:(617)329-6990•Fax:(617)329-7671 PROPOSED 60'RCP - :fY C/ItCKED JOB NO. DATE -5CX« C.A.L B.S. 2003 774 08/06/04 N T.5 NEW SIGNAL HEAD NEW PED HEAD RELOCATE SIGNAL HEADS NEW PED HEAD EASN A RK O NEW SIGNAL HEAD NEW MAST ARM 8c SIGNAL fatal ® is jll LEGEND LOWE S EXISTING FIRE HYDRANT NOME IMPROVEMENT WAR[NOYi[ EXISTING WOOD POLE EXHIBIT C-1 TRAFFIC SIGNAL PROPOSED SIDEWALK RAMP EXISTING STEEL POLE&MAST ARM ADAMS CONSLIL-nNG ENGINEERS, INC. EXISTING LUMINAIRE s_ CIVIL • ENVIRONMENTAL ENGINEERS 500 Nolen Drive,Suite 550•Southleke,Teras 78092 Phone:(817)329-8090•Fac(8171329-7871 6), CJi CKED JCR N[ <! R S. 2,90J--f V Water&Wastewater Sanitary Sewer 867 LF of 27"PVC(SDR 35) $52,020.00 6-5'Diameter Manholes $20,082.00 2 connections to existing sewer lines $1,600.00 Grout and abandon 780 LF of 27"sewer line $7,800.00 Air test for new line $867.00 Trench safety $867.00 Subtotal $83,236.00 Bond $2,081.00 Fee $3,413.00 Total $88,730.00 Water 1 -8"connection $375.00 340 LF of 8"PVC(C-900) $5,440.00 150 LF of 15"Steel Encasement $6,000.00 0 O 2-2"Meters $500.00 2-Meter Vaults $1,800.00 Subtotal $14,115.00 O Q- Bond $295.00 V Fee $484.00 C) Total $14,894.00 W Water&Wastewater Total $103,624.00 2% Inspection Fee $2,072.48 .0 Transportation&Public Works V 7 N4,391 s.f. of sidewalk, 6 handicapped ramps and 3 drive approaches $23,942.00 C Demo existing curb&gutter $3,755.00 O 47 LF of 8'x5' RCB $13,066.00 U 676 LF of 6'x5' RCB $146,692.00 Junction Box#1 $16,950.00 Junction Box#2 $7,125.00 8'x5'Headwall $8,500.00 Modify existing curb inlet $975.00 1 connection to existing 60"line $375.00 Rip-Rap $1,100.00 Trench Safety $723.00 Traffic Signalization $100,000.00 Subtotal $323,203.00 Bond $4,888.00 Fee $8,016.00 TPW Total $336,107.00 4% Inspection Fee $13,444.28 Financial Guarantee Total $439,731.00 I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK RESIDENTIAL 0 EA $ 2, 000 $0, 000. 00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 500 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $00,000 . 00 City' s Cost $00, 000 . 00 Developer's Subtotal $0,000.00 10% Contingencies $0,000.00 Project Total $0,000.00 Adjacent Developer's Cost $0,000.00 Developer's Cost $0,000 . 00 2% Inspection Fee $0,00. 00 CFA CODE # 2004112 DEVELOPER' S COST: $0. 00 LOWE' S HOME IMPROVEMENT AT EAST CHASE PKWY August 18, 2004 Fort Worth, Texas August 18, 2004 PAGE I OF Exhibit C II . STREET LIGHTS WORK DESCRIPTION: 1 . The Developer shall provide for the installation of streetlights at the approximate locations shown in Exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. 2 . Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the Director of Transportation and Public Works. 3. The City will install all the streetlights that use overhead or underground conductors on residential, and collector streets. the developer agrees to pay the city the amount shown below prior to the City starting it' s design efforts. 4 . Streetlights on arterial streets shall be installed with underground conduit and conductors. 5. The Developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operation of the street lights 6. The estimated cost of this street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER'S COST: $0.00 LOWE'S HOME IMPROVEMENT AT EASTCHASE PKWY August 18, 2004 FORT WORTH, TEXAS CFA CODE # 2004112 Page II of Exhibit C III. (NO STREETLIGHTS INVOLVED) LOWE' S HOMEIMPROVEMENT AT EASTCHASE PKWY Page III of Exhibit C IV STREET NAME SIGNS 1. The City of Fort Worth will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of$100.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3. This development creates the following zero (0) intersections at a cost to the Developer of$0.00: (Retail store, public streets are already signed) Lowes Home Improvement at Eastchase Pkwy CFA code: 2004112 August 17, 2004