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Home My WebLink AboutContract 57873-A1Date Received: Feb 19, 2023 Time Received: 8:00 a m City Secretary Contract No.: 57873-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57873 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HT HWY 114 DEVELOPMENT, LP This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57873 ("First Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the state of Texas, and HT Hwy 114 Development, LP ("Developer"), a Texas limited partnership. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project known as Tradition Central Phase 2C, City Project Number 103188; and WHEREAS, City and Developer executed a Completion Agreement as the financial guarantee for the CFA ("Completion Agreement"); and WHEREAS, the CFA and the Completion Agreement are filed with the City Secretary as City Secretary Contract Number 57873; and WHEREAS, Developer has not begun construction of the Improvements pursuant to the CFA; and WHEREAS, Developer desires to amend the CFA and the Completion Agreement to reflect that Developer has hired a new contractor to construct a portion of the Improvements; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends City Secretary No. 57873: Section 36 of the CFA is amended in its entirety to be and read as set forth in Exhibit A of this First Amendment 2. The Cost Estimates in the CFA for the water, sewer paving and storm drain Improvements for the CFA are amended in their entirety to be and read as set forth in Exhibit B of this First Amendment. 3. Section 2 of the Completion Agreement is amended in its entirety to be and read as follows: City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57873 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2. The Completion Amount. The City and the Developer agree that the Hard Costs (as shown on Exhibit "B") required to complete the Community Facilities in the aggregate should not exceed the sum of Six Million Five Hundred Sixty -One Thousand Five Hundred Forty - Eight Dollars and Fifteen Cents ($6,561,548.15) hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 4. Exhibit B of the Completion Agreement is amended in its entirety to be and read as set forth in Attachment 1 of this First Amendment. 5. a. All other provisions of City Secretary Contract No. 57873 which are not expressly amended herein, shall remain in full force and effect. b. All terms in this First Amendment that are capitalized, but not defined, shall have the meanings ascribed to those terms in City Secretary Contract No. 57873. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57873 IN TESTIMONY WHEREOF, the City and Developer have executed this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER HT HWY 114 DEVELOPMENT LP, a oq/q &��Lde Texas limited partnership Dana Burghdoff (Fe 17, 202 0 :31 CST) Dana Burghdoff By: HT Hwy 114 Development LLC, a Assistant City Manager Delaware limited liability company, its general partner Date: Feb 17, 2023 Recommended by: ofim Dwayne Hollars (Feb 15, 202316:43 CST) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: -9� Richard A. McCracken (Feb 16, 2023 15:15 CST) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Form 1295: N/A gdg4UUQ�� ,0 �o�.,°o� ATTEST: d dva a=d °PQ* o o° aaa Jannette S. Goodall City Secretary City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57873 By: HT Hwy 114 LP, a Delaware limited Partnership, its sole member By: Hines Hwy 114 LLC, a Delaware limited liability company, its general partner By: Hines Hwy 114 Associates LP, a Texas limited partnership, its sole member By: Hines Investment Management Holdings Limited Partnership, a Texas limited partnership, its general partner By: 161X6.t-Gl'11-1 UIZI& Robert W. Witte (Feb 15, 2023 16:13 CST) Robert W. Witte Senior Managing Director Date: Feb 15, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. 171L"&\ Rebecca Diane Owen (Feb 15, 2023 16:53 CST) Name: Rebecca Diane Owen Title: Development Manager City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57873 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A 36. Cost Summary Sheet Project Name: Tradition Central Phase 2C CFA No.: CFA21-0072 City Project No.: 103188 IPRC No.: IPRC21-0005 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options. choose one Developer's Cost $ 736,102.00 $ 812,540.00 $ 1,548,642.00 $ 2,335,237.75 $ 2,521,041.00 $ 156,627.40 $ 5,012,906.15 $ 6,561,548.15 $65,750.00 $34,741.00 $990.00 $ 101,481.00 Choice Amount (Mark one) Bond = 100% $ 6,561,548.15 Completion Agreement = 100% / Holds Plat $ 6,561,548.15 X Cash Escrow Water/Sanitary Sewer= 125% $ 1,935,802.50 Cash Escrow Paving/Storm Drain = 125% $ 6,266,132.69 Letter of Credit = 125% $ 8,201,935.19 City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57873 EXHIBIT B SECTION 00 42 43 DevclopcT Awarded Projects - PROPOSAL FORM Tradition, Phase 2C, City Project #103188 UNIT PRICE DID Project Item Information Bidder's Proposal Bidlist I Spcc -,,ion Unit of Bid n No. Measure Quantity Unit Price Bid Value Item Description Sectio Water Facilities 1 10241,1118 4"-12" Pressure Plug 0241 14 FA 2 $481.00 $962.00 2 3305.0109 Trench Safety 33 05 10 LF 5.323 $1.00 $5,323.00 3 3311.0001 Ductile Iron Water Filtin s wl Restraint 33 11 11 TON 1.5 $31,326.00 $46.989.00 4 3311.0241 8" PVC Water Pipe 3311 12'33 11 12 LF 4,963 $53.00 $263,039.00 5 3311,0241 B" PVC Water Pipe, CSS Backfll 3311 10, LF 360 $137.00 $49,320.00 6 3312.0001 Sid. Fire Hydrant Assembly wt 6" Gate Valve & Valve Box 33 12 40 FA 4 $8.125.00 $32,500.00 7 3312.0117 Connect to Existing 8' W.L. Stub -out 33 12 25 FA 3 $2,817.00 $8.451.00 8 3312.2003 1" Domestic Water Services 331210 EA 180 $1,617.D0 $291,060.00 9 3312.3003 8" Gate Valve & Valve Box 33 12 20 FA 14 $2,747.00 $38,458.00 Water Subtotal Sanitary Sewer Facilities 1 $736.102.00� 10 0241.1118 4"-12" Pressure Plug 0241 14 EA 2 $169.00 $338.00 11 3137.0102 Large Stone Ri ra , dry 31 37 00 SY 56 $91.00 $5,096.00 12 3301.0002 Post -CCTV Inspection 3301 31 LF 5,812 $3.00 $17,436.00 13 3301.0101 Vacuum Test Manholes 3301 30 EA 25 $202.00 $5,050.00 14 3305.0109 Trench Safety 330510 LF 5.812 $1.00 $5.812.00 15 3305.0113 Trench Water Stops 33 05 15 FA 13 $1,894.00 $24.622.00 16 3331.3101 SDR-264" Sewer Services 33 31 50 EA 180 $1,142.00 $205.560.00 17 3331.4115 8" SDR-26 PVC Sewer Pipe 3331 12. LF 5,113 $53,00 $270,989.00 18 3331.4116 6" PVC Sanitary Sewer Pipe wl CSS Backfll 3311 10. 3311 12 LF 442 $132.00 $58.344,00 19 3331.4208 12' PVC Sanitary Sewer Pipe 33 11 10, 33 31 12,3331 20 LF 257 $68.00 $17,476.00 20 3339.1001 4' Std. Dia. Manhole 33 39 10, 33 39 20 FA 23 $5,710.00 $131,330.00 21 3339.1003 4' Extra Depth Manhole 3339 10, 33 39 20 VF 91 $343.00 $31.213-00 22 3339.1001 5' Std. Dia. Manhole 33 39 10, 33 3920 EA 2 58,941.00 $17,882.00 23 3339,1103 5' Extra Depth Manhole 33 39 10, 33 3920 VF t0 S477.00 $4,770.00 24 9999.0001 Connect to Existing 12" Sewer 00 00 00 EA 1 $3.118.00 $3,118.00 25 9999.0002 16"Stee[Casinq 00 00 00 LF 36 $237.00 $8.532.1 26 9999.0003 Manhole Corrosion Protection 00 00 00 EA 1 $4,972.DD $4,972.00 Sanitary Sewer Subtotal Storm Drain Facilities $812,540.D0� 27 3137.0104 Medium Ri ra , dry 31 37 00 SY 464 $91.00 $42,224.00 28 3305.0109 Trench Safety 330510 LF 6,D65 $1.00 $6,065.00 29 3305.0112 Concrete Collar 330517 FA 1 5405.00 5405.00 30 3341.0201 21" RCP, Class III 3341 10 LF 2,372 S80.D0 $189.760.00 31 3341.0205 24" RCP, Class 111 3341 10 LF 1.405 $91.D0 $127,855.00 32 3341.0208 27" RCP, Class 111 3541 10 LF 477 5101.00 $4a,177.00 33 3341.0302 30" RCP, Class III 3541 10 LF 68 5115.00 $7.820.00 34 3341,0309 36" RCP, Class III 3541 10 LF 270 $156.D0 $42,120.00 35 3341.0402 42" RCP, Class III 3541 10 1 LF 219 $205.00 $44,895.00 36 13349.0001 4'Storm Junction Box 334910 FA 2 $8.569.00 $17,138.00 37 3349.0103 4' Manhole Riser 33 49 10 EA 4 $3.870.00 $15,480.00 38 3349-1000 24" Headwall 33 49 40 FA, 1 $3,397.00 $3.397.00 39 3349.1000 27" Headwall 34 49 40 FA 1 $4,043.00 $4,043.00 40 3349.1D00 6' x 4' Headwall, Box Culvert 35 49 40 CY 8 $1,217.00 $9,736.00 41 3349.1000 V x 4' Headwall, Box Culvert 36 49 40 CY 7 $1,217.00 $8.519.00 42 3349.1000 5 10' x 5' Headwall, Box Culvert 37 49 40 CY 54 $1,217.00 $65,718.D0 43 3349.5001 10'CurbInlet 334920 FA 16 $6.630.00 $106,080.00 44 3349.5002 16 Curb Inlet 33 49 20 FA 6 $8,585.00 $51.510.00 45 9999.D004 5' x 4' R.C.B. 00 00 00 LF 724 $418.00 $302,632.00 46 9999.DD05 6' x 4' R.C.B. 00 00 00 LF 530 $509.00 $269,770.00 47 9999.0006 5 IV x5'R.C.B. 000000 LF 201 55,025.00 $1,010.025.00 48 9999.0007 6' x 4' Storm Junction Box 00 00 00 FA 1 $9,722.00 $9,722,00 49 9999.0008 8' x 4' Storm Junction Box 00 00 00 FA 1 $11.242.00 $11,242.00 50 9999.0009 Concrete Apron 00 00 00 SY 120 $117.D0 $14.040.00 51 W99.010 Double Neenah R-210-LLM 00 00 EA 17 $3.529.02 $59,993.00 52 9999.011 Construct Drop Structure 00 00 00 00 CY 43 11.NO. $52.675.00 Storm Drain Subtotal City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57873 1 $2,521,041.00 Water/Sanitary Sewer/Storm Drain Facilities Subtotal 54,069,683.00 Bid Summary Total Bid $4,069,683.00 Performance/Payment and 2-year Maintenance Bonds $100,000.00 Grand Total $4,169,683.00 This bid is submitted by the entity listed below Acadia Services LLC By. Brad Catt 6750 Blvd 26 Richland Hills, Tx. 76180 817-729-2581 Signature Title: President Date: 12/6/2022 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 160 working days after the data when the CONTRACT commences to ram as provided in the General Conditions. ( 3 C END OF SECTION 30 11 alQ I ` City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57873 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Tradition, Phase 2C, City Project 9103188 Addendum No, 1 UNIT PRICE BID Project Item Information Bidder's Proposal 13i11„� Description Specification Unit of Bid Unit Price Bid Value It , Section No. Measure Quanti Pavinn FanililiPc 53 3211.0400 Hydrated Lime 0 36 lbs./S.Y. (Collector) 3211 29 TON 106.0 $225.00 $23,850.00 54 3211.0400 Hydrated Lime ft 30 lbs./S.Y. Residential 3211 29 TON 311.1 $225.00 $69 997.50 55 3211.0400 Hydrated Lime Q 30 lbs./S.Y. (Alleys) 3211 29 TON 137.9 $225.00 $31 027.50 56 57 3211.0501 6" Lime Treated Subgrade (Collector) 3211.0501 6" Lime Treated Subgrade Residential 32 11 SY 5,864 $3.00 $17 592.00 3211 29 SY 20,726 $3.00 $62.178.00 58 3211.0501 6" Lime Treated Subgrade (Alleys) 3211 29 SY 9,192 $3.00 $27,576.50 59 3213.0101 6" Concrete Pavement (Residential) 32 13 13 SY 19,389 $52.00 $1,008,228.00 60 13213.0101 6" Concrete Pavement (Alleys) 32 13 13 1 SY 8,599 1 $56.00 $481,544.00 61 3213.0102 7" Concrete Pavement Collector 32 13 13 1 SY 5,563 1 $54.25 $301,792.75 62 3213.0301 5' Conc Sidewalk 31 1320 SF 905 $7.25 $6,561.25 63 3213.0301 6' Conc Sidewalk 31 1320 SF 24,327 $7.25 $176,370.75 64 3213.0501 R-1 Ramp 32 13 20 EA 10 $2,150.00 $21.500.00 65 3213.0506 P-1 Ramp 32 13 20 EA 40 $2,150.00 $86,000.00 66 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 3441 30 EA 18 $250.00 $4.500.00 67 3741.0001 Traffic Control 3471 13 EA 1 $5,000.00 $5.000.00 68 19999.0012 Install End of Road Barricade 00 00 00 EA 1 $1,250.00 $1.250.00 69 9999.0013 Remove End of Road Barricade 00 00 00 EA 3 $500.00 $1,500.00 70 9999.0014 Concrete Header 00 00 00 LF 145 $30.00 $4.350.00 71 9999.0015 Connect to Existing Pavement 00 00 00 EA 2 $800.00 $1,600.00 72 9999.0016 RI-1 Stop Sin 00 00 00 EA 8 $82.50 $660.00 73 9999.0017 St Marker Blade 00 00 00 EA 72 $30.00 $2,160.00 raving suototai Bid Summary I azssa,zsr.ral Total Bid $2,335,237.75 Performance/Payment and 2-year Maintenance Bonds $32,500.00 Grand Total $2,367,737.751 This bid is submitted by the entity listed below: Company: RPM xCONSTRUCTION,LLC Street Address: 6208 Tennyson Pkwy, Ste 130 City, Slate, Zip Code: Plano, TX-75024 Phone: (214) 239.4722 Date: 12-6-2022 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 35 working days after the date when the CONTRACT commences to run as prodded in the General Conditions. First Available Date Jan 1st, 2023 END OF SECTION City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57873 ATTACHMENT 1 EXHIBIT B APPROVED BUDGET Section I Water $736,102.00 Sewer $812,540.00 Sub -total $1,548,642.00 Section II Interior Streets $2,335,237.75 Storm Drains $2,521,041.00 Sub -total $4,856,278.75 Section III Street Lights $156,627.40 Sub -total $156,627.40 TOTAL $6,561,548.15 City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57873