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Home My WebLink AboutContract 47575-A1 .Mt2 r��tt At,/l CITY SECRETARY �=C�N►t3ACTN0. 095q�.61 AMENDMENT NO. I TO COMMUNITY FACILITIES AGREEMENT 49 s< THE STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 47575 COUNTY OF TARRANT § WHEREAS, on or about March 8, 2016, the City of Fort Worth ("City") and Seven Oaks—FW,LTD("Developer:)entered into a Community Facilities Agreement,City Secretary Contract No. 47575 wherein Developer is to make certain improvements to Seven Oaks Addition-Phase 1, ("Project")within the City or the extraterritorial jurisdiction of the City; and WHEREAS, as part of the Project, the City required Developer to install a 12-inch water main in the area starting west along Rendon Crowley Road and continuing South on Oak Grove Road South; and WHEREAS, at the City's request, City staff and Developer verbally agreed that the City would pay for the oversizing of the 12-inch water main in the area starting west along Rendon Crowley Road and continuing South on Oak Grove Road South to a 16-inch water main; and WHEREAS, City staff and Developer verbally agreed that City would pay the costs of oversizing the 12-inch water main in the area starting west along Rendon Crowley Road and continuing South on Oak Grove Road South to a 16-inch water main; and WHEREAS, the City and Developer executed City Secretary Contract No. 47575, a Community Facilities Agreement under which Developer constructed a 16-inch water main in the area starting west along Rendon Crowley Road and continuing South on Oak Grove Road South(the "CFA"); and WHEREAS, Developer has completed all of the improvements outlined in the CFA, including the 16-inch water main; and WHEREAS, on or about January 25,2017,the City accepted the improvements in City Secretary Contract No. 47575,approved two change orders for the improvements, and released the Developer's financial guarantee; and City of Fort Worth, Texas Amendment to Standard Community Facilities Agreement with City Participation CFA Official Release Date: 12.12.2016 Page 1 of 4 OFFICIAL.RECORD CITY SECRETARY I:T.WO TH,TX WHEREAS, in order to memorialize the City's commitment to pay the costs for oversizing the water main,the Parties wish to amend the CFA to add$127,284.00 in City costs, which is the accrued cost for oversizing the 12-inch water main in the area starting west along Rendon Crowley Road and continuing South on Oak Grove Road South to a 16-inch water main; and NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into this Amendment No. 1 to City Secretary Contract No. 47575, as follows: 1. Paragraph Q. is added to be and read as follows: The City has reviewed the Project and has agreed to participate in the Project in accordance with this Agreement as presented by the Cost Summary Table and Exhibits attached hereto and authorized by City Council via M&C Z06 143 . City's participation in this Project under this Agreement shall not exceed$127,284.00 and City shall not owe Developer any further amount unless previously approved by the City Council and memorialized as an amendment to this Agreement. 2. The Table in the Summary of Cost Sheet is amended to be and read: City of Fort Worth,Texas Amendment to Standard Community Facilities Agreement with City Participation CFA Official Release Date: 12.12.2016 Page 2 of 4 Developer's Cost City's Cost Total Cost A.Water and Sewer Construction 1. Water $ 482,915.50 $ 122,388.00 $ 605,303.50 2. Sewer $ 274,313.80 $ - $ 274,313.80 Water Construction Cost Sub-Total $ 757,229.30 $ 122,388.00 $ 879,617.30 B.TPW Construction 1.Paving $ 691,167.00 $ - $ 691,167.00 2. Storm Drain $ 105,982.00 $ 105,982.00 3. Street Lights $ 84,628.00 $ 84,628.00 TPW Construction Cost Sub-Total $ 881,777.00 $ - $ 881,777.00 Total Construction Cost $ 1,639,006.30 $ 122,388.00 $ 1,761,394.30 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 15,144.59 $ 2,448.00 $ 17,592.59 D. Water/Sewer Material Testing Fee(2%) $ 14,493.04 $ 2,448.00 $ 16,941.04 Water Construction Fees Sub-Total $ 29,637.63 $ 4,896.00 $ 34,533.63 E.TPW Inspection Fee $ 31,885.96 $ - $ 31,885.96 F.TPW Material Testing Fee $ 15,942.98 $ - $ 15,942.98 G. Street Light Inspection Fee $ 3,385.12 $ - $ 3,385.12 TPW Construction Fees Subtotal $ 51,214.06 $ - $ 51,214.06 Total Construction Fees $ 80,851.69 $ 4,896.00 $ 85,747.69 TOTAL PROJECT COST $ 1,719,857.99 $ 127,284.00 $ 1,847,141.99 2. 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 7 q day of /r (rid tz GL , 20–/-1—. CITY OF FORT WORTH hwjazu Jesus J. Chapa —T Assistant City Manager Date: City of Fort Worth,Texas Amendment to Standard Community Facilities Agreement with City Participation CFA Official Release Date: 12.12.2016 Page 3 of 4 Recommended by: DEVELOPER Seven Oaks-FW,LTD 1 By Its General Partner: Wendy Chi-Babulal, EMBA, P.E. Arbors Development,LLC Development Engineering Manager Water Department Name: Ronald B. Fdan Title: Managing Partner �� ti t.(,f� Date: Approved as to Form &Legality: Richard A. McCracken 3/1.7/17 Contract Compliance Manager: Assistant City Attorney By signing I acknowledge that I am the M&C No. 14S person responsible for the monitoring and Date: -51-211-1 administration of this contract, including ensuring all performance and reporting Form 1295: -A-0t 7- 5$$p7 requirements. ATTEST: _sem - Y)l game'of Employee eSOe42:e"l Mary J. Kayser City Secretary Title O�'�OR�GIo %0 XAS City of Fort Worth,Texas Amendment to Standard Community Facilities Agreement with City Participation — CFA Official Release Date: 12.12.2016 Page 4 of 4 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT H COUNCIL ACTION: Approved on 3/7/2017 DATE: 3/7/2017 REFERENCE NO.: **C-28143 LOG NAME: 60SEVEN OAKS CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 47575, a Community Facilities Agreement, with Seven Oaks- FW, LTD to Add City Participation in the Amount of$127,284.00 for Oversizing a Twelve-Inch Water Main to a Sixteen-Inch Water Main in the Area Starting West Along Rendon Crowley Road and Continuing South on Oak Grove Road South to Serve the Seven Oaks Development and Future Development in the Surrounding Area, in the City of Fort Worth (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 1 to City Secretary Contract No. 47575, a Community Facilities Agreement with Seven Oaks - FW, LTD to add City Participation in the amount of$127,284.00 for costs related to oversizing a twelve inch water main to a sixteen-inch water main in the area starting west along Rendon Crowley Road and continuing south on Oak Grove Road South to serve the Seven Oaks development and future development in the surrounding area in the City of Fort Worth. (Council District 8). DISCUSSION: On March 8, 2016, the City Council executed a Community Facilities Agreement, City Secretary Contract No. 47575, with Seven Oaks- FW, LTD (Developer), for construction of public infrastructure in the Seven Oaks development. The Seven Oaks development is located south of Rendon Crowley Road (FM 1187), in the City of Fort Worth (Council District 8). As part of the off-site water infrastructure improvements, the Developer is required to install a 12-inch water main to serve the development. The Developer has agreed to oversize the 12-inch water main to a 16-inch water main with the City participating in the cost of the oversizing in the estimated amount of$127,284.00,which includes inspection and material testing fees. The oversized water main is necessary to serve the Seven Oaks development and future development in the surrounding area. The summary of costs associated with the Community Facilities Agreement, including Amendment Number 1, are as follows: A. Water and Sewer Construction IlDevelloper Cost City Cost Total Cost 1. Water $ 482,915.50 $ 122,388.00 $ 605,303.50 2. Sewer $ 274,313.80 $ 0.00 F$--274.313.801 Water and Sewer Sub-Total $ 757,229.30]1$ 122,388.00 $ 879,617.30 B. TPW Construction 1. Paving $ 691,167.00]1$ 0.00 $ 691,167.00 2. Storm Drain $ 105,982.00 $ 0.00 $ 105,982.00 3. Street Lights $ 84,628.00]1$ 0.001$ 84,628.00 TPWSub-Total $ 881,777.00 $ 0.0011$ 881,777.00 Total Construction Cost $ 1,639,006.30 $ 122,388.-0-0 ]1$ 1,761,394.30 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 15,144.59 $ 2,448.00 $ 17,592.59 D. Water/Sewer Material Testing Fee (2%) $ 14,493.0411$ 2,448.00 $ 16,941.04 Water Construction Fees Sub-Total $ 29,637.63]1$ 4,896.00 $ 34,533.63 http://apps.cfwnet.org/council_packet/mc review.asp?ID=24326&councildate=3/7/2017 4/21/2017 M&C Review Page 2 of 2 E. TPW Inspection Fee $ 31,885.96]1$ 0.00 $ 31,885.96 F. TPW Material Testing Fee $ 15,942.98 $ 0.00 1$ 15,942.98 G. Street Light Inspection Fee $ 3,385.12 $ 0.00 $ 3,385.12 TPW Construction Fees Sub-Total $ 51,214:0:6]1$ 0.00 $ 51,214.06 Total Construction Fees $ 80,851.69 $ 4,896.00 $ 85,747.69 Total Project Cost $ 1,719,857.9911$ 127,284.00 $ 1,847,141.99 The costs stated above are based on engineering estimates. The reimbursement of the participation (excluding inspection and material testing fees) is not a lump sum amount and may be less than stated above depending upon actual quantities from the Notice of Final Completion package, commonly referred to as the Green Sheet Package. This project is located in the City of Fort Worth (COUNCIL DISTRICT 8), Mapsco 120J, 120K, 120N, and 120P. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that the budget is available and that this project is included in the Fiscal Year 2017 Water&Wastewater Capital Improvement Plan, as appropriated. The adopted Water& Wastewater Capital Improvement Plan includes an appropriation of$9,400,000.00 for programmable Community Facility Agreement projects. Of the original appropriation, $7,214,127.00 is available to fund individual projects. 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: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Esteban Perez (8428) ATTACHMENTS Form 1295.pdf Seven Oak Location Map.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=24326&councildate=3/7/2017 4/21/2017 $$5(}5 C !}ff I CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl j 4 Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-158507 ! Seven Oaks-FW,Ltd. Arlington,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/25/2017 i being filed. City of Fort Worth Date Acknowledged. I 3 Provide the identification number used by the governmental entity or state agency to track or identify the.contract,and provide a description of the services,goods,or other.property to be provided under the contract CFA 2015-096 t Reimbursement for upsize on water line 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Forman,Ronald B Arlington,TX United States X a i , i r A3 Y L 4 1 ip y 5 Check only if there is NO Interested Party. El 64 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Signature of authori ent of contracting business entity r AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said -P t 7 ai+l/!}J this the �' day of,471lt) 20_�,to certify which,witness my hand and seal of office. BARRY HOOVER :O,�p.A••V@�i Notary Public,State of Texas Comm.Expires 09-29-2020 Q �'4�°i►N`�` NO% 7 633 Signature of o cep administering oath Printed name of officer administering oath Titleor officer aminis enn oath Forms orovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277