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HomeMy WebLinkAboutContract 30701-A2 AMENDMENT NO. 2 TO ENHANCED COMMUNITY FACILITIES AGREEMENT STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 3Q) 70A4�� COUNTY OF TARRANT § WHEREAS, the City of Fort Worth (City) and Wide Open Spaces, Ltd., a Texas Limited Partnership (Developer), entered into Enhanced Community Facilit t� Agreement, City Secretary Contract No. 30701, authorized by City Council on the 17, day of August, 2004 via M&C C-20217 (ECFA); and WHEREAS, the City Council authorized Change Order No. 1, increasing City participation by $67,464 for water improvements, on the 291h day of November 2005; and WHEREAS, it has become necessary to execute Amendment No. 2 to the ECFA to increase participation in the amount of $36,222.50 by the City for costs associated with additional sewer work not contemplated by the ECFA. NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the ECFA: 1. Section 11. B Sewer Facilities is amended to be and read: Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $637,824.50. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer, subject to the right of reimbursement, shall bear the cost of the sewer improvements as follows: Maximum Ecomomic Maximum Water Maximum Develop ent Cost Department Cost Sewer Cost Mains within Development $ 16,935.00 $ 215,587.00 $ 201,280.50 Approach $ - $ - $ - Easements* $ - $ - $ Service $ - $ - $ - Paving over Sewer $ 187,036.00 $ 249,508.00 $ 436,544.00 Sub-Total Sewer, $ 203,971.00 , $ 465,095.00 $ 637,824.50 Easements to be dedicated by Developer at no cost to City . ............. RECORF" .......V ,A", RY T' 7 R capitulation of Water/Sewer Maximum Cost Maximum Economic Maximum Water Maximum Total Development Cost Department Cost Cost Total of Water and Sewer Construction $ 421,679.00 $ 1,500,007.50 $ 1,921,686.50 Construction Unspection $ 8,434.00 $ 27,926.00 $ 36,360.00 I Grand Total $ 430,113.00 $ 1,527,933.50 $ 1,958,046.50 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 Devel7oer s executed t Mis instrument in the quadruplicate, at Fort Worth, Texas this the da of 12009. Approval Recommended: Water Department S. Frank Crumb Director ATTEST: Cit 4Fort Vyo City Secretary Assistant City Manager Marty Hendrix Fernando Costa Approved as to Form: (-- zayl �0 Contract Authorization Assistant #Torne'y Date ATTEST: Corporate Secretary DEVELOPER FOR TRINITY BLUFFS ENHANCED COMMUNITY FACILITIES AGREEMENT: Wide Open Spaces Ltd., a Texas Limited Partnership By: Struhs Development Corporation, A Texas Corporation, its General Partner tofrf L. tru , resident M&C Review Page I of 2 Official site of the City of Fort Worth,Texas FoRTWORTH CITY COUNCIL AGENDA I,I - I ffl I fl I IW I I It I I"I ffilf",RNME I I I I I ivI MINAMONt, COUNCIL ACTION: Approved on 3/3/2009 ,M)",, I ffINIfff 00001, [0)0000000 1 wiffiffff(ENIN INW),Ift)I I f1f,I DATE: 3/3/2009 REFERENCE II **C-23376 LOG NAME: 60TRINITY BLUFF CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Amendment No. 2 in the AmountqU36 �� -�Q,.#o City Secretary Contract No. 30701, an Enhanced Community Facilities Agreement with Wide Open Spaces, Ltd., for Construction of Water and Sewer Facilities to Serve the Trinity Bluff District ......................."., RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 30701, an Enhanced Community Facilities Agreement with Wide Open Spaces, Ltd., for construction of water and sewer facilities to serve the Trinity Bluff District in the amount of$36,222.50. DISCUSSION: On August 17, 2004, (M&C C-20217) the City Council authorized the City Manager to execute an Enhanced Community Facilities Agreement (CFA) with Wide Open Spaces, Ltd., City Secretary Contract No. 30701, for construction of water and sewer facilities to serve the Trinity Bluff District, encompassing a multi-family development northeast of Downtown and surrounding area. A portion of the City participation was the installation of water and sewer lines within the development. On November 29, 2005, (M&C C-21166) the City Council authorized the City Manager to execute Change Order No. 1 and Amendment No. 1 to City Secretary Contract No. 30701, increasing the City's water portion by $67,464.00. The sewer project required maintaining sewer service to existing homes on the west side of Samuels Avenue. The original scope of work provided service from a new sewer main in Samuels Avenue, allowing the existing sewer line at the rear of the residential lots to be abandoned. During construction, sewer service from the new sewer main in Samuels Avenue was found to be impractical. To maintain sewer service to the residential lots, the existing sewer line has to be relocated. A maximum City contribution was established based on the original scope of work. With a change in scope of work, the maximum City contribution for sanitary sewer is increased by $36,222.50 for the additional sewer relocation. The cost difference between the amended CFA and Amendment No. 2 to the Enhanced CFA for the Developer and the City are shown below based on public open bid prices. ESTIMATED COST (PIREVIOU.SLY APPROVED CHANGE ORDER NO. 1), QeveJQ_per City_EnhanC City Standard Estimated Total Sewer $0.00 $0.00 $397,631.00 $397,631.00 Water $0.00 $0.00 $1,066,154.00 $1,066,154.00 Paving $0.00 $421,679.00 $0.00 $421,679.00 Inspection $0-00 $8,434.00 $27,926.00 $36360.00 Total $0.00 $430,113.00 $1,491,711.00 $1,921,824.00 AMENDEDT-OTAL COST PARTICIPATION http://apps.cfwnet.org/council_packet/mc–review.asp?ID=l I 173&councildate=3/3/2009 03/06/2009 M&C Review Page 2 of 2 Developer City Enhanced Ci1y_Standard Estimated Total Sewer $0.00 $0.00 $433,854.00 $433,854.00 Water $0.00 $0.00 $1,066,154.00 $1,066,154.00 Paving $0.00 $421,679.00 $0.00 $421,679.00 Inspection $0.00 $_8434.00 $27926.00 $36,360.010 Total $0.00 $430,113.00 $1,527,934.00 $1,958,047.00 The project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION//CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P,174 539140 070174013162 $36,222.50. Submitted for C t Manaer's Office b Fernando Costa (6122) OrilginatingDep-_rtme-nt He-_ S. Frank Crumb (8207) Additional Information Contact: Stephanie Francis (7585) ATTACHMENTS 60Trinity fluff map.pdf -5 0-0, 1 i 'I :fit? http://apps.cfwnet.org/council_packet/mc_review.asp?ID=11173&councildate=3/3/2009 03/06/2009