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Home My WebLink AboutContract 30384 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No."{(:)3 WHEREAS, Wal-Mart Stores Texas, L.P., hereinafter called "Developer", desires to make certain improvements to Riverside Wal-Mart Supercenter No. 5312-00, a commercial 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 Assistant 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 Name 1 Revised Form per Legal 2/21/03 I __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 injuries, death or damages are caused, in whole or in part, by the alleged ne,-ligence 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. 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). I. 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. J. 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. K. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof. Water (A)attached Sewer (A-1)attached; Paving (B) Storm Drain (B- 1) ; Street Lights and Signs (C). 4 CFA Name Revised Form per Legal 2/21/03 ' 11. Water and Sewer Facilities A. Developer shall install the proposed water line(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $103,813 B. . The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and the City shall share in the cost of the water improvements as follows: WATER FACIL,TIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within $ 59,811 $ -0- $ 59,811 Development Approach $ -0- $ 44,002 $ 44,002 Easements* $ -0- $ -0- $ -0- Service $ -0- $ -0- $ -0- Engineerin $ -0- $ -0- $ -0- Sub-Totals, Water $ 59,811 $ 44,002 $ 103,813 * To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer and City shall be based upon: 1. Unit prices contained in City of Fort Worth Ordinance No. 14552; WATER COST SHARE (Developer pays for onsite water pipe, gate valve, etc. The City pays for rehabilitation water pipe and valve. 8" water pipe $17/LF 712 L.F. x $17 = $ 12,104 1278"water pipe $17/LF 8" price 1,333 L.F. x $17 = $ 22,661 8" water valve $676 1 EA. x $676 = $ 676 12" water valve $1,223 7 EA. x $1,223 = 8,561 $ 44,002 CFA Name —� T Revised Form per Legal 2/21/03 C. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $135,883. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and the City shall share in the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Developer Estimated City Cost Estimated Total Cost Cost Mains within Development $ 48,922 $ -0- $ 48,922 Approach $ -0- $ 86,961 $ 86,961 Easements* $ -0- $ -0- $ -0- Service $ -0- $ -0- $ - Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 48,922 $ 86,961 $ 135,883 Sub-Total Water $ 59,811 $ 44,002 $ 103,813 Total of Water and Sewer Const. $ 108,733 $ 130,963 $ 239,696 Construction Inspection $ 2,175 $ 2,619 $ 4,794 Total of All $ 110,908 $ 133,582 $ 244,490 *To be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer and City shall be based upon: 1. Unit prices contained in City of Fort Worth Ordinance No. 14552; D. City participation for sewer improvements is calculated as follows: SEWER COST SHARE(Developer pays for onsite sewer pipe, manholes, etc.. The City pays for rehabilitation of offsite sewer pipe and manholes. PVC-SDR35 8" pipe ($25) 778 L.F. x $25 = $ 19,450 PVC-SDR35 12" pipe ($27) 757 L.F. x $27 = $ 20,439 PVC-SDR35 15" pipe ($28) 1,127 L.F. x $28= $ 31,556 4' dia Manhole ($1,293) 12 EA. x $1,293 = 15,516 i - $ 86,961 CFA Name _. Revised Form per Legal 2/21/03 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 ay of , 2004. Approval Recommended: Water Department Dale A. Fisseler, P. E. Director ATTEST: City f Fo Worth B 4AM�aHendrix Marc A. tt, City Secretary I� Assistant >ty Manager Approved as to Form: Contract Authorizatiox Date Assistant City Attorney DEVELOPER Wal-Mart Stores Texas, L.P. ATTEST: "( Corporate Secretary By: t n e and title 4rry Shannahan Assistant Vice President i �� -%�;rr ved as to legal terms only i ' - try F6 >/VA.L-lI�AF " ►..i G,AL DEPT. Date: D5 19 2bp� CFA Name r -- Revised Form per Legal 2/21/03 _.—-- w Of W C) JLn Z Ui Z FOX Q > N Sylvania F= FAIN � W Park W I U z MA RICE —� 0 cr mCD Q RACE cn w W w Z a Z w af Q 21 w PROJECT Y z N N i 0CATION m 0 m �- a 0 Ld U U m x F- 2 W J � J Q U VTCEV17Y MAP Wl LL/ M 1R T SUPERCENTER LOTS1 - .BLOCK I LOTS I - 2 RIVERSIDE WAL- lAr RT ADDITION Engineers - Z%rDunaway Planners Surveyors Associates, Inc. Landscape Architects. 1501 Merrimac Circia.Sic 100 Fart Worth.TX 76107 Ph617.775.1121 Matra'617.429 2135 Faa'817.375 7477 v� Qce Lu am N I �flx iCO srX AID 5 r — ............ 00 Hit 3 �I CL Q) :H •rrt r y! � K ,! � , All jig LL: JE ,. C LIZ kk top 0.1 L L 1_l_L L l ZE— � .{�� I - . —z$`._ �,•\ CSO � wg a 3N/ Ed 7 cc 9 cx cot lk 4�1 m! - f.}i Iit iii • i • t •t tot r.y 17cr i' .� M&C Request Review Pagel of 2 , CFWNet. org 1 t�R_r�_ H*Fn* I Council Agenda I M&C I Employee Directory I Morning Report I Ads I PAS I Solution Zone I Departments I Sie- Pr COUNCIL ACTION: Approved on 7/6/2004 CONTINUED FROM A PREVIOUS WEEK DATE: 6/29/2004 REFERENCE NO.: C-20132 LOG NAME: 60WALMAF CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Approval of Community Facilities Agreement with Wal-Mart Stores, L.P., for the Installatior Water and Sewer Services to Serve Riverside Wal-Mart Supercenter No. 5312-00 at River Drive RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Wal-Mart Stores, L.P., for the installation of water and sewer services to serve Riversic Wal-Mart Supercenter No. 5312-00 at Riverside Drive. DISCUSSION: Wal-Mart Stores, L.P. has executed a proposed contract for community facilities to serve a commercia development located east of downtown Fort Worth, at Riverside Drive and Hwy 121 (see attached mar The total cost for water and sewer improvements for this development is $244,490. There will be City participation in water and sewer facility rehabilitation in the development area. The developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOl Water $59,811.00 $44,002.00 $103,813 Sewer $48,922.00 $86,961.00 $135,883 Easements $0.00 $0.00 $0 Subtotal $108,733.00 $130,963.00 $239,696 Inspection $2,175.00 $2,619.00 $4,794 Total $110,908.00 $133,582.00 $244,490 This development is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of Water and Sewer Capital Project Funds. http://www.cfwnet.org/council_packet/mc review.asp?ref ium=C-20132 08/10/2004 M&C Request Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P163 539140 060163015132 $44,002.00 P173 539140 070173013134 $86,961.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) ATTACHMENTS RiversideWalMart map.doc http://www.cfwnet.org/council_packet/mc_review.asp?refnum=C-20132 08/10/2004