HomeMy WebLinkAboutContract 31287 01 -31 -05P02 :46 RCVD
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TAR_RANT § Contract No.3[
WHEREAS, Wal-Mart Stores East, Inc., hereinafter called "Developer", desires
to make certain improvements to Lots 1-4, Block 1, Wal-Mart Addition, 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 Barry Shannahan, its duly
authorized 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 11, 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 II, of the Policy.
CFA WALMART ONBEACH 1
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 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.
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).
I. 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.
CFA WALMART ONBEACH 2
Water(A)None; Sewer (A-1)None; Paving (B) attached; Storm Drain (B-
1) attached; Street Lights and Signs (C) none required.
II. 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 and B 1.
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 and
Bl. The estimated total cost of current improvements and related support
services specified in this agreement, including design, construction and
inspection is estimated to $722,188.00.
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $ 327,718.00 $ 33,237.00 $ 360,955.00
2. Storm Drainage $ 253,508.00 $ 88,780.00 $ 342,288.00
3. Street Lights $ - N/A $ -
4. Street Name Signs $ - N/A $ -
B. Engineering Design $ - $ 7,321.00 $ 7,321.00
C. Construction Engineering
and Management by DOE 2% $ 11,624.00 $ -
TOTALS $ 592,850.00 $ 129,338.00 $ 722,188.00
Notes:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
Sidewalk cost is included under street cost. The developer is responsible for
installation of sidewalk.
2. Developer's column for Item C represents two percent (2%) cost for construction
inspection fees and materials testing less 10% for contingency cost.
(*) Represents City participation for construction fees based on actual cost.
3. City not preparing plans and specifications.
CFA WALMARTONBEACH 3 �
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager,
attested by its City Secretary, with the corporate seal of the City affixed, and said Developer
has executed this instrument in triplicate, at Fort Worth,Texas this the"day of
2001
Approval Recommended:
Transportation and Public Works
Department
coni;'ao i i hor i zatioR
I _ ert Goode, P. E.
�i irector
ATTEST: City Of FoAWort
By:
Marc Ot
City Secretary Assistant City Manager
Approved as to Form:
Assistant ity Attorney
1
ATTEST: DEV P R
L B y.W - tores East, Inc.
!"
A�S�Tnn� 9QzpzgaWSecretary rr annahan, Presidnet
Approved as to legal tarries only
by B F 6
WALNA T LAI
Date: ol 0 00 . 4 �c��a�[',
CNI UY 1.�7�,�-,�5-�-li�,1;t!l!li't��i7
CFA WALMART ONBEACH 5 (�, .`;✓'1i�IJl1f u s
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PROJECT
0CATIONS
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VICEVITY MAP
WALE T SUPERCENTER
LOT' 1 0 4, BLOCK 1
WAL MART ADDRYON
DUNAWAY ASSOCIATES , Inc
ENGINEERS - PLANNERS - SURVEYORS
1501 MERRIMAC CIRCLE, SUITE 100
FORT WORTH, TEXAS 76107
PH.(817)335-1121 METRO(817)429-2135
FAX(817)335-7437
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C-192—SEGR
PROPOSED MAL-UAR7 SUPIItC62fRR
STORE NO.2980-00 =LLOT 3.
tI0.7"SQ.77.B DO.PAD
F.F.E. - 848.00 37,a S.F.
I"ACRES
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LOT 2 -
f,619,763 B.F.
23.M ACRFS 1 �. i�••
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LEASE AM Er
— 24,X1.3 9.F.
- -,�--� 11 0-%3 Arg !
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— ® —" Legend
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I Developer Pays 100%
City Participation
I �
a;
City s Portion
/ �' Developer is typically required
Q.' to construct Roadway per Thoroughfare
Plan, which is 27 wide in this case.
City to pay the difference between
the 27' Concrete Roadway and the
I / / as 36' Wide Pspholt Roadway.)
55
Scale: 1' = 200'
LOT 4
335 A S.F. •/: p-
Date: 4-21-03
I L335 CYFBIIH
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PAVING IMPRO DUNAWAY ASSOCIATES, Inc.
ENGINEERS — LANDSCAPE ARCHRECTS — PLANNEP.S — SURVEYORS
1 01 Merrimac Circle, Suite100 — Fort Worth Texas76107
70
SFS
E WALMHRT e5(817) 335-1121 Metro (817) 429-2135 Fox (817) 335-7437
Developer's Portion
46.5 LF MBC
(Drainage Area to Culvert is II II
457.3 Acres, where City is
typically responsible for 25%
of associated Cost.) I II II i�r 3
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C-192—SEGR ;
PROPOSF9 MAL-YART SUPERCElTTER
STORE Mo.2920-0o
}199.777 SQ.Fr.IS=.PAD LOT
F.F.E. = 648.00 37,3ft
LOT 2
21571 ACRES
MSE AREA
S,
0.541 ACBPs
f /
i
,n ® its Portion
LF f T B
oto l4Lengthof Culvert = 120.24'
Length f Culvert required of
eve oper is 46.5', which would
hove been required on typical
27' Wide Roadway.)
-15 55
55
/ LIDT
4 �� / Scale: 1 = 200
'"ate / Date: 4-21-03
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HUMIT B T
DRAINAGE PUPRO DUNAWAY ASSOCIATES, Inc.
ENGINEERS — LANDSCAPE ARCHITECTS — PLANNERS — SURVEYORS
TO SERVE WAL MART SUPERCRNTRR 1501 Merrimac Circle, Suite 100 — Fort Worth, (817 335—
Phone (817) 335-1121 Metro (817) 429-2135 Fox (817) 335-7437
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS (DEVELOPER)
®
DESCRIPTION
• •
sTow bkAiNAGE
1 21-in. Class III RCP 80 1 LF $ 32.00 $ 2,560.00
2 24-in. Class III RCP 70 LF $ 46.00 $ 3,220.00
3 30-in. Class III RCP 709 LF $ 69.00 $ 48,921.00
4 36-in. Class III RCP 119 LF $ 78.00 $ 9,282.00
5 54-in. Class III RCP 578 LF $ 150.00 $ 86,700.00
6 60-in. Class III RCP 13 LF $ 180.00 $ 2,340.00
7 Headwall for 60" pipe 1 EA $ 3,500.00 $ 3,500.00
8 Headwall for 24" pipe 1 EA $ 1,800.00 $ 1,800.00
9 4'square manhole 2 EA $ 3,500.00 $ 7,000.00
10 6'square manhole 1 EA $ 4,500.00 $ 4,500.00
11 4'x4' drop inlet 7 EA $ 2,875.00 $ 20,125.00
12 75% of the extension of 3-10'x 7' MBC 47 LF $ 1,040.00 $ 36,660.00
13 Concrete Headwall for 3-10'x7' MBC 1 EA $ 5,500.00 $ 5,500.00
14 Remove existing headwalls 1 EA $ 2,000.00 $ 2,000.00
15 Rock Rip-Rap 360 SY $ 40.00 $ 14,400.00
16 Concrete Rip-Rap 200 SY $ 25.00 $ 5,000.00
17 Pedestrian Handrail over 3-10'x7' MBC 35 LF $ 25.00 $ 875.00
- =SUBTOTAL < $ 253,508.00
1 Right-of-way preparation 6.5 AC $ 2,000.00 $ 13,000.00
2 Estimated Earthwork 20,000 CY $ 2.80 $ 56,000.00
3 6-inch lime stabilized subgrade 4,437 SY $ 1.50 $ 6,655.50
4 Lime @ 30#/SY 68 TN .$ 100.00 $ 6,800.00
5 7-inch reinforced concrete pavement 4,200.6 SY $ 24.00 $ 100,814.40
6 7-inch attached curb 1,400.8 LF 1 $ 2.00 $ 2,801.60
7 Traffic control 1 LS $ 10,000.00 $ 10,000.00
8 Pavement markings 1 LS $ 15,000.00 $ 15,000.00
9 Erosion control 1 LS $ 5,000.00 $ 5,000.00
SUBTOTAL $ 216,0.71.50,
73 1 � 6-inch lime stabilized subgrade 2,287.0 SY $ 1.50 $ 3,430.50
2 Lime @ 30#/SY 35.0 TN $ 100.00 $ 3,500.00
Asphalt Pavement for Turn Lanes/Medians 2,145 SY $ 23.00 $ 49,335.00
4 Concrete Driveway Pavement(w/Subgrade) 932 SY $ 24.00 $ 22,368.00
5 Concrete Curb 133 LF $ 2.00 $ 266.00
6 Concrete Sidewalk 839 SY $ 15.00 $ 12,585.00
7 Barrier Free Rams 6 EA $ 750.00 $ 4,500.00
SUBTOTAL $ 95,984.50 ,
•
71 6-inch lime stabilized subgrade 1,117.0 SY $ 1.50 $ 1,675.50
2 Lime @ 30#/SY 17 TN $ 100.00 $ 1,700.00
3 4-inch Temporary Asphalt Pavement 1,1171 SY 1 $ 11.00 $ 12,287.00
SUBTOTAL $ 15662.50'
TOTAL PROBABLE DEVELOPER COSTS $ ;' 58 .,22 ,50
77
99200 CFA EOPCC 03-0519 JTW.xIs Page 1 of 2
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS (CITY)
®
DESCRIPTION
e a •
STORMCOST)
1 25%of developer cost of 3-10'x7' MBC 46.5 LF $ 1,040.00 $ 12,090.00
2 100% city portion of 3-10'x7' MBC 73.74 LF $ 1,040.00 $ 76,689.60
SUBTOTAL $ 88,779.60 .
CONCRETEPAVING: DIFFERENCE BETWEEN HIGHWAY PLANS& •
1 Highway Type Roadway (See itemized costs below) 1 LS $249,308.50 $ fl
9,308.50
2 Less Developer cost as concrete street 1 LS $ 216,071.50 $ 6,071.50SUBTOTAL $ 3;237.Q0
TOTAL PROBABLE.CITY COSTS $_ 122;016.6Q
NOTE: THE FOLLOWING IS THE TOTAL PROBABLE CONSTRUCTION COST OF DRIVING LANES
AS REQUIRED FOR HIGHWAY TYPE ROADWAY:
;4-
Y 1 Right-of-way preparation 6.5 AC $ 2,000.00 $ 13,000.00
2 Estimated Earthwork 20,000 CY $ 2.80 $ 56,000.00
3 6-inch lime stabilized subgrade 6,131 SY $ 1.50 $ 9,196.50
4 Lime @ 30#1SY 92.0 TN, $ 100.00 $ 9,200.00
5 Asphalt Highway Pavement(excluding Sub rade 5,603 SY $ 23.00 $ 128,869.00
6 6-inch curb with 24-inch gutter 358 LF $ 8.50 $ 3,043.00
7 Traffic control 1 LS $ 10,000.00 $ 10,000.00
8 Pavement markings 1 LS $ 15,000.00 $ 15,000.00
9 Erosion control 1 LS $ 5,000.00 $ 5,000.00
SUBTOTAL $ 249,308.50
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99200 CFA EOPCC 03-0519 JTW.xls Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/14/2004
DATE: Tuesday, December 14, 2004
LOG NAME: 20WALMART REFERENCE NO.: C-20445
SUBJECT:
Authorize Execution of Community Facilities Agreement with Wal-Mart Stores East, Inc., for the
Installation of Community Facilities for Wal-Mart Addition, Lots 1-4, Block 1
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a community facilities
agreement with Wal-Mart Stores East, Inc. for the Installation of community facilities for Lots 1-4, Block 1,
Wal-Mart Addition located on North Beach and North Tarrant Parkway.
DISCUSSION:
On April 22, 2003 (M&C G-13956), the City Council approved funds in the amount of $3.28 million to be
moved from the Special Assessments Fund to supplement the 1998 Capital Improvement Program new
development funds.
This project was included in the list of 83 projects submitted to the City prior to July 29, 2003, when the
City Council placed a moratorium on City participation in community facilities agreements for street, storm
drain, street lights and street name signs facilities.
Wal-Mart Stores East, Inc., the developer of Wal-Mart Stores, has executed a proposed contract for
community facilities to serve Lots 1-4, Block 1, Wal-Mart Addition, located in northeast Fort Worth on the
northeast corner of North Beach and North Tarrant Parkway. City participation along North Tarrant
Parkway is for nine foot width pavement of the required thirty-six foot width of pavement, plus curb along
the north half of the roadway. The developer is responsible for the sidewalk. City participation for storm
drain improvements is for over-sized box culverts on North Tarrant Parkway.
Street lights and street name signs are existing.
This community facilities agreement is in compliance with the City's Policy for the Installation of Community
Facilities.
The estimated cost of the community facilities is as follows and subject to actual bid price.
ESTIMATED COST DEVELOPER CITY TOTAL
Street Improvements $327,718.00 $33,237.00 $360,955.00
Design Engineering N/A $1,994.00 $1,994.00
Construction Inpsection Fees $6,554.00 M $6,554.00
Storm Drain Improvements $253,508.00 $88,780.00 $342,288.00
Design Engineering N/A $5,327.00 $5,327.00
Construction Inspection Fees $5,070.00 (*) $5,070.00
Logname: 20WALMART Page 1 of 2
Total Estimated Costs $592,850.00 $129,338.00 $722,188.00
(*) The City's portion of construction inspection fees are calculated based on actual street and storm drain
construction costs over the 2% cap paid by developer, as per the Community Facilities Agreement policy,
in place at the time of this project.
PLAN COMMISSION APPROVAL - On April 26, 2000, the Plan Commission approved preliminary plat
(PP 000-11). The final plat (FP-00092) has been filed of record on July 11, 2003.
This development is located in COUNCIL DISTRICTS 2 AND 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in Street Improvement Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C115 541200 020115136422 $122,017.00
C115 531200 020115136422 $7,321.00
Submitted for City Manager's Office b Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Christa Sharpe (8009)
Logname: 20WALMART Page 2 of 2