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HomeMy WebLinkAboutContract 45858-A1 CITY SECRETARY "PA CT NO. -AI_. CITY OF FORT WORTH FIRST AMENDMENT OF AGREEMENT This FIRST AMENDMENT of AGREEMENT between the City of Fort Worth,("City")and Fort Worth South, Inc., ("FWSI")amends the ORIGINAL AGREEMENT (City Secretary#45858), for the Near Southside Medical District Street Repair and Reconstruction Program("Program"). WHEREAS,the ORIGINAL AGREEMENT was authorized by M&C C-26906,August 5, 2014;and WHEREAS, it has become necessary to amend the ORIGINAL AGREEMENT to increase the funding,under the shared funding model,by an additional$3,000,000 in order to complete the Program and, if sufficient funds are remaining to add additional streets;and WHEREAS,the Tax Increment Reinvestment Zone No.4("Southside TIF")will contribute up to$1,500,000;and WHEREAS,the City will contribute up to$1,500,000 from legacy residuals from the Street Rehabilitation Fund; NOW,THEREFORE,it is agreed by the CITY and FWSI as follows: Article I The ORIGINAL AGREEMENT, is hereby amended to add up to $3,000,000 in additional funds,sourced as described above,for the completion of the Program and for additional streets as those funds may allow. Article II There are no other changes to the ORIGINAL AGREEMENT. REMAINDER OF PAGE INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW �lSCq qqY OFFICIAL RECORD CITY '�S(ECRETARY First Amendment of Agreement CS#45858 FT. "raQ ge ��I�TX Fort Worth South,Inc. EXECUTED and EFFECTIVE as of the date subscribed ty the City's designated Assistant City Manager. City of Fort Worth Fort Worth South,Inc. Dana Bur off Mike Brennan,President Interim Assistant City Manager DATE: 116(7-02-C) DATE: 2 AP OVAL RECOMMENDED: Willi Jo on,Director Transpo _tion/Public Works Department Contract Compliance Manager: By signing,I acknowledge that I am the person responsible for the monitoring and administration Of this contr ct,including ensuring all perl'o mance and reporting requirements. Mary H Sr a ngineer APPROVED AS TO FORM AND LEGALITY: M&C: 19-0347 Date: 12/03/2019 hib Iag5 516143-4 Douglas W.Black Sr.Assistant City Attorney . . ATTES Mary J.Kayser = t City Secretary r' * ` OFFICIAL RECORD � . CITY SECRETARY FT. WORTH,TX First Amendment of Agreement CS#45858 Page 2 of 2 Fort Worth South,Inc. M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FaRrIr— i REFERENCE **M&C 19- 20CD9 STREET REPAIR AND DATE: 12/3/2019 NO.: 0347 LOG NAME: RECONSTRUCTION AMENDMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Adopt a Resolution Authorizing the Execution of Amendment No. 1 to City Secretary No. 45858, the Funding Agreement with Fort Worth South, Inc. in the Amount of $3,000,000.00 for the Near Southside Medical District Street Repair and Reconstruction Program for a Revised Amount of$13,000,000.00; Authorize the Acceptance of Funds in an Amount Up to $1,500,000.00 from Tax Increment Reinvestment Zone No. 4 and Adopt Appropriation Ordinances; and Amend the FY 2020-2024 CIP (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: ,,A. Adopt the attached Resolution authorizing the execution of Amendment No. 1 to City Secretary No. 45858, the Funding Agreement with Fort Worth South, Inc., in the amount of$3,000,000 for the Near Southside Medical District Street Repair and Reconstruction Program for a revised amount of $13,000,000.00; 2. Authorize the acceptance of funding in the amount up to $1,500,000.00 from Tax Increment Reinvestment Zone No. 4; 3. Adopt the attached appropriation ordinance increasing appropriations in the TIRZ#4 -Southside Med Dist Fund in the amount up to $1,500,000.00 for the purpose of transfering to the TIRZ-General Capital fund; 4. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the TIRZ-General Capital Fund in the amount up to $1,500,000.00, upon receipt of funds, for the Council District 9 Street Repair and Reconstruction Program; 5. Adopt the attached appropriation ordinance increasing the appropriations in the Street Rehabilitation Fund from available funds in the amount up to $1,500,000.00, upon receipt of funds, for the Council District 9 Street Repair and Reconstruction Program; and 6. Amend the FY 2020-2024 CIP by increasing funding in the Near Southside Medical District Street Repair and Reconstruction Program by$3,000,000. DISCUSSION: On August 5, 2014, (M&C C-26906) the City Council adopted Resolution No. 4342-08-2014 authorizing a Funding Agreement with Fort Worth South, Inc., in the amount of$10,000,000.00 for Council District 9 Near Southside Medical District Street Repair and Reconstruction Program (City Secretary No. 45858). The Program leveraged funding in an amount up to$5,000,000.00 from the Tax Increment Reinvestment Zone No. 4 (Southside TIF) over four years. The City of Fort Worth matched the funds in an amount up to $5,000,000.00 using 2014 Bond Program-Grant Matches Funds. The program included 50 street segments to be constructed in four sequential projects. As delivery of the projects has progressed, it has become clear that the remaining funding is insufficient to complete the original scope. The revised estimate, based on recent pricing,to complete the remaining work requires approximately$3,000,000.00 in additional funding. The revised Funding http://apps.cfwnet.org/council_packet/mc_review.asp?1D=27494&councildate=12/3/2019 12/6/2019 M&C Review Page 2 of 2 Agreement increases the total commitment by$3,000,000.00 for which the costs will be split 50/50 between the City and the Tax Increment Reinvestment Zone No. 4 (Southside TIF). The City participation will be matched with legacy residuals from the Street Rehabilitation Fund. Funding for this project was not included in the FY2020-2024 Capital Improvement Plan due to insufficient funding to complete the original scope. The action in this M&C will amend the FY2020- 2024 Capital Improvement Plan. This program is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the TIRZ#4 -Southside Med Dist Fund, the TIRZ-General Capital Fund, and the Street Rehabiliation Fund. Prior to an expenditure being incurred, the Transportation & Public Works Department has the responsibility of verifying the availability of funds. 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: Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Lane Zarate (7802) ATTACHMENTS 20CD9 STREET REPAIR AND RECONSTRUCTION AMENDMENT MAP.pdf 20CD9 STREET REPAIR AND RECONSTRUCTION AMENDMENT 28604 A020r.docx 20CD9 STREET REPAIR AND RECONSTRUCTION AMENDMENT 30286 A020r.docx 20CD9 STREET REPAIR AND RECONSTRUCTION AMENDMENT 39408 A020r.docx 20CD9 STREET REPAIR AND RECONSTRUCTION AMENDMENT RESOLUTION (10.16.19)(Rev 11.14.19).docx http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27494&councildate=12/3/2019 12/6/2019