HomeMy WebLinkAboutContract 32061 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract Non�lu 0/
WHEREAS, Wal-Mart Stores Texas, L.P., hereinafter called "Developer",
desires to make certain improvements to Clifford Wal-Mart (3773-00) Addition, Lots
1, 2, and 3, Block 1, 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 T. 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 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.
Clifford Wal-Mart 3773-00 Addition—New CFA 4%and Utilities 040105.doe
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E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the
Policy.
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).
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
Clifford Wal-Mart 3773-00 Addition—New CFA 4%and Utilities 040105.doc
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: Water (A)None; Sewer (A-1) None; Paving (B)Attached
Storm Drain(B-1) Attached; Street Lights and Signs (C) Attached.
M. 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.
I1. 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, B 1, 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, B1,
and C. The estimated total cost of current improvements and related
support seryices specified in this agreement, including design,
construction and inspection is estimated to $889,799.36.
Clifford Wal-Mart 3773-00 Addition—New CFA 4%and Utilities 040105.doc
3 = 1
SUMMARY OF
COST
Wal-Mart Supercenter#3773-00 Addition
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $477,035.00 477,035.00
2. Storm Drainage $365,849.00 365,849.00
3. Street Lights $13,200.00 13,200.00
4. Street Name Signs $0.00 $
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 33,715.36 33,715.36
TOTALS 889,799.36 $ - 889,799.36
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.
4. Traffic signal included in streets estimate ($100,000.)
Wal-Mart Supercenter 43773-00 Addition Lots 1,2 & 3, Blk.I New CFA 4% and Utilities
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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 N day of
,2005.
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
Ci F rt Wo
NO M&C REQUIRED Marc O
Assistan City Manager
A?'T"":
NCity
Hendrix
ecretary
Appro s to Form- DEVELOPER
Wal-Mart Stores Texas, L.P.
By: WAL-MART STORES EAST, L.P.
�` �' Its General Partner
ssist tty orney
By: W a agement, LLC
It ene al Partner
ST:
istant Secretary By: . hannahan
Its Assistant Vice President
Approved as to legal terms only
R E C E I V Fiord Wal-Mart 3773-00 Addition—New CFA 4%and Utilities 040105.doc bye
5 WAL-MAF T LEGAL DEPT.
Date:
ENGINEER'S OPINION
OF
PROBABLE CONSTRUCTION COST
Wal-Mart Supercenter #3773-00
Clifford Street and West Loop 820
DAI No.2004053 23-Mar-05
I. STORM DRAIN $365,849.00
II. STREET IMPROVEMENTS $477,035.00
TOTAL PROBABLE COST $842,884.00
3773-00-CFA OPC.xis Page 1 of 2
ITEM DESCRIPTION QTY/UNIT I PRICE AMOUNT
I. STORM DRAIN
1 24" RCP 82 LF $44.00 $3,608.00
2 30" RCP 61 LF $52.00 $3,172.00
3 36" RCP 146 LF $64.00 $9,344.00
4 60" RCP 10 LF $160.00 $1,600.00
5 78" RCP 520 LF $250.00 $130,000.00
6 84" RCP 640 LF $280.00 $179,200.00
7 10' curb inlet 2 EA $2,200.00 $4,400.00
8 20' curb inlet recessed 4 EA $3,600.00 $14,400.00
9 Junction Structure 1 EA $12,000.00 $12,000.00
10 Inlet 4'x4' Type"Y" 1 EA $3,875.00 $3,875.00
11 Rip Rap 50 SY $35.00 $1,750.00
12 Remove Existing 20'curb inlet recessed 2 EA $1,000.00 $2,000.00
13 Trench Safety 5001 LY 1 $1.00 $500.00
SUBTOTAL $365,849.00
li. STREET IMPROVEMENTS
1 Unclassified Street Excavation 3,500 CY $3.50 $12,250.00
2 Right-of-way preparation 2 AC $2,250.00 $4,500.00
3 Remove exist. Pavement 370 SY $2.00 $740.00
4 Remove exist. Curb and putter 1,670 LF $4.00 $6,680.00
5 Remove exist. Pavement markings 1 LS $2,000.00 $2,000.00
6 6"Concrete curb and 18" Gutter 3,475 LF $7.50 $26,062.50
7 6" Lime Stabilized Sub rade 7,560 SY $2.25 $17,010.00
8 8" Reinforced Concrete Pavement 7,560 SY $28.00 $211,680.00
9 5' Sidewalk 2,475 LF 1 $17.50 $43,312.50
10 Type I Sidewalk Ramp 8 EA $350.00 $2,800.00
11 Pavement Markings 1 LS $20,000.00 $20,000.00
12 Traffic Control 1 LS $30,000.00 $30,000.00
13 Traffic Signal 1 LS $100,000.00 $100,000.00
SUBTOTAL $477,035.00
TOTAL PROBABLE COST $842,884.00
3773-00-CFA OPC.xls Page 2 of 2
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:
(Private {Retail})
Wal-Mart Supercenter# 3773-00 Addition Lots 1, 2 & 3, Blk
CFA code: 2005033 March 19, 2005
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 1 EA $ 2, 000 $2, 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 5 EA $ 2, 000 $10, 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 $12,000. 00
City's Cost $00,000 .00
Developer's Subtotal $12,000 . 00
10% Contingencies $1,200. 00
Project Total $13,200. 00
Adjacent Developer's Cost $00 ,000 .00
Developer's Cost $13,200.00
2% Inspection Fee $00,000. 00
CFA CODE #2005033
DEVELOPER' S COST: $13,200 . 00
WALMART SUPER CENTER #3773-00 (ADDITION LOTS 1, 2, & 3)
March 21, 2005
Fort Worth, Texas
March 21, 2005
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: $13,200.00
WALMART SUPER CENTER #3773-00 (ADDITION LOTS 1, 2, & 3)
March 21, 2005
FORT WORTH, TEXAS
CFA CODE #2005033
Page II of Exhibit C
• Vin• -_,,
III.
"STREETLIGHTS"
INTERSECTIONS
CLIFFORD ST & STREET A 1
MID - BLOCK
STREET A 5
WALMART SUPER CENTER #3773-00 (ADDITION LOTS 1, 2, & 3)
Page III of Exhibit C
North PROJECT
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4%111P�D u n aw a Engineers
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Associates, 1 Landscape Architects
1501 Merrimac Circle,Suite 100,Fort Worth,TX 76107
Tel:(817)335-1121,Fax:(817)335-7437
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