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COMMUNITY FACILITIES AGREEMENT
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THE STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 48603
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth ("City")and Wal-Mart Real Estate Business Trust
("Developer") entered into a Community Facilities Agreement, City Secretary Contract No.
48603 ("CFA"), wherein Developer is to make certain improvements related to a project
generally described as Park Vista Road Improvements ("Project"); and
WHEREAS, in City Secretary Contract No. 48847,the City of Fort Worth and the City
of Keller entered into an Inter-local Agreement related to the Project wherein the City of Keller
has agreed to pay for one hundred percent of the cost of the installation of a forty-eight inch
casing pipe for a future transmission water line; and
WHEREAS, it has become necessary to execute Amendment No. I to City Secretary
Contract No. 48603 to reflect the addition of the installation of the forty-eight inch casing pipe
at an estimated cost of$157,404.00 for construction and $6,296.00 in inspection and material
testing fees as more fully described herein; and
WHEREAS, Developer has delivered to the City a Developer's Bond covering the
costs of construction of the additional improvements contained in this Amendment.
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends the City
Secretary Contract No. 48603:
1
The fifth recital which reads "WHEREAS,The City's cost participation shall be in an
amount not to exceed 5130,900.00 ("Participation"), and" is hereby amended to be and read:
WHEREAS, The City's cost participation shall be in an amount not to exceed
$294,600.00 ("Participation").- and
city of fort Worth. "Fexas OFFICIAL RECORD
Autendment No. i to City Secretary Contract No.49603 CITY SECRETARY
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2.
The Cost Summary Table is amended to be and read:
Developer's Cost City City Participation Total Cost
Participation with City of Keller
Funds
A.Water and Sewer Construction
1 Water $ 1,171,760.16 $157,404.00 $ 1,329,164.16
2.Sewer $ -
Water Construction Cost Sub-Total $ 1,171,760.16 $ - $157,404.00 $ 1,329,164.16
B.TPW Construction
1.Paving $ 6,307,078.29 $130,900.00 $ 6,437,978.29
2.Stone Drain $ 7,063,290.00 $ 7,063,290.00
3.Street Lights $ 395,013.00 $ 395,013.00
4.Traffic Signal $ -
TPW Construction Cost Sub-Total $ 13,765,381.29 $130,900.00 $ 13,896,281.29
Total Construction Cost $ 14,937,141.45 $130,900.00 $ 157,404.00 $ 15,225,445.45
Construction Fees:
C.Water/Sewer Inspection Fee(2%) $ 23,435.20 $ - $ 3,148.00 $ 29,731.28
D.Water/Sewer Material Testing Fee(2%) $ 23,435.20 $ - $ 3,148.00 $ 29,731.28
Water Construction Fees Sub-Total $ 46,870.40 $ - $ 6,296.00 $ 59,462.56
E.TPW Inspection Fee $ 540,050.73 $ 540,050.73
F.TPW Material Testing Fee $ 270,025.37 $ 270,025.37
G.Street Light Inspection Fee $ 15,800.52 $ - $ 15,800.52
H.Traffic Signal Inspection Fee $ - $ - $ -
I.Street Signs Installation Cost $ - $ $ -
J.Civil/Geotechnical Engineering&Survey(20%) $ - — $ -
TPW Construction Fees Subtotal $ 825,876.62 $ - $ 825,432.06
Total Construction Fees $ 872,747.02 $ 163,700.00 $ 884,894.62
TOTAL PROJECT COST $ 15,809,888.47 $130,900.00 $ 163,700.00 $ 16,104,488.47
3.
Exhibit A: Water Improvements, is amended to add the drawing attached to this
Amendment.
4.
All other provisions of the CFA,which are not expressly amended herein, shall remain
in full force and effect.
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 quadruplicate, at Fort Worth, Texas this day of
, 20
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No.48603
Page 2 of 3
CITY OF FORT WORTH DEVELOPER
Wal-Mart Real tate Business Trust
Jesus J. Chapa
Assistant City Manager Name: LBJ Ins
Date: " L S Title: a state and Portfolio
Management(West Division)
Rccommcnck-d hy: Date: 3-a L ool 2
.6" 64
ATTEST: Y if required Oi f re b Developer)
( q Y
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager , /(
Water Department _ ✓�' �.�
Name:
Ci,
Douglas 01. Wiersig, P.E. SOI+tJ Cps 40-At1
Director pt� p�2
Transportation &Public Works Department U
Approved us to Form & Legality: Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including all
Richard A. McCracken 4110)1-7 performance and reporting requirements.
Assistant City Attorney
M&C No. _ C'—2802-1
Date: E2.1t3ble
Form 1295:_ 3!7.e3!7.e>?-(evi to -1 3!7.e>?-(e� �e N me:
ATTEST:
F�RT�2
F '
A. '�� Mary J. we
City Secretary
�LXAS.
City of Fort Worth.Texas —�
Amendment No. 1 to City Secretary Contract No.48603 OFFICIAL RECORD
Page 3 of 3 CITY SECRETARY
FT.WORTH,TX
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M&C Review Page I of 2
official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT
COUNCIL ACTION: Approved on 12/13/2016 -Ordinance No. 22538-12-2016 &22539-12-2016
REFERENCE ** 06PARK VISTA- ILA AND
DATE: 12/13/2016 NO.: C-28029 LOG NAME: CFA WITH CITY
PARTICIPATION
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Interlocal Agreement with the City of Keller in the Amount of
$163,700.00, Authorize Execution of a Community Facilities Agreement with Wal-Mart
Real Estate Business Trust in the Amount of$16,112,388.00 for the Construction of Park
Vista Boulevard from Keller Hicks Road to Ray White Road, with City Participation in the
Amount of$294,600.00 for Increasing the Height of the Park Vista Boulevard Bridge and
the Installation of a 48-Inch Casing for a Water Line to Serve the City of Keller and Adopt
Appropriation Ordinances (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with the City of Keller to accept $163,700.00 for a
48-Inch water line casing for a future water line to serve the City of Keller;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Park Vista Boulevard Project of the Intergovernmental Contribution Fund in the amount of
$163,700.00;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Park Vista Boulevard Project of the Transportation Impact Fee Legacy Fund in the amount of
$130,900.00 and reduce the fund balance in the Unspecified Center of Service Area D by the same
amount; and
4. Authorize the execution of a Community Facilities Agreement with Wal-Mart Real Estate Business
Trust in the amount of$16,112,388.00 for the construction of Park Vista Boulevard from Keller Hicks
Road to Ray White Road, with City participation in the amount of$294,600.00 for increasing the
height of the Park Vista Road bridge and installations of a 48-inch water casing.
DISCUSSION:
Wal-Mart Real Estate Business Trust is executing a Community Facilities Agreement (CFA) to
construct Park Vista Road from Keller Hicks Road to Ray White Road for its commercial development
in north Fort Worth. The project includes a bridge over Big Bear Creek to the south of Golden
Triangle Boulevard. The City is cost participating in the construction costs to increase the height of
the bridge to provide adequate clearance under the bridge for future park trails.
Additionally, the City of Keller will be executing an Interlocal Agreement with the City of Fort Worth to
have 330 linear feet of a 48-inch water main casing included in this project to serve future
development in Keller. The City's cost participation for the bridge and the installation of the water
main casing is estimated to be $294,600.00, as shown on the table below.
Item Developer Cost City Cost Total Cost
Water Construction $ 1,171,759.00 $157,404.00 $ 1,329,163.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24159&councildate=12/13/2016 5/1/2017
M&C Review Page 2 of 2
Roadway Construction $13,765,382.00 $130,900.00 $13,896,282.00
Material Testing and
Inspection Fees $ 880,647.00 $ 6,296.00 Fs
886,943.00
Total Project Cost $15,817,788.00 $294,600.00 $16,112,388.00
The reimbursement of the participation, excluding inspection and material testing fees, is not a lump-
sum amount and may be less than the stated amount depending upon the actual quantities and unit
prices from the Notice of Final Completion Package, commonly referred to as the Green Sheet
Package.
This development is located COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, funds will be
available in the current capital budgets, as appropriated, of the Intergovernmental Contribution Fund
and the Transportation Impact Fee Legacy Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Julie Westerman (2677)
ATTACHMENTS
06PARK VISTA-ILA AND CFW WITH CITY PARTICIPATION 30106 A017.docx
06PARK VISTA-ILA AND CFW WITH CITY PARTICIPATION 39008 A017.docx
Form 1295.pdf
Park Vista Location Map.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24159&councildate=12/13/2016 5/1/2017