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Home My WebLink AboutContract 44303-A1 AMENDMENT NO. 1 TO COMMUNITY FACILITIES AGREEMENT STATE OF TEXAS § CITY SECRETARY CONTRACT NO. § COUNTY OF TARRANT § AUTHORIZING M&C NO. C,Z(V q44 WHEREAS, the City of Fort Worth (City) and Moriah Real Estate Company, LLC (Developer) entered into a Community Facilities Agreement, City Secretary Contract No. 44303 ("CFA"); and WHEREAS, it has become necessary to execute Amendment No. 1 to the CFA to add City participation in an amount not to exceed $78,823 for the City's portion of costs associated with the construction of a 16 inch waterline for Moriah at Timberland contemplated by the CFA; and WHEREAS, the City Council authorized execution Qf Amendment No. 1 to the CFA on the day of_C-6� Ze2014 via M&C NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CFA: 1. Cost Summary Table: A. Construction Develo er Cost City Cost Total Cost 1. Water $ 149,345 $ 60,633 $ 209,978 2. Sewer $ - $ - $ - Construction Cost Sub-Total $ 149,345 $ 60,633 $ 209,978 Contingency 25% $ - $ 15,158 $ 15,158 Total Construction $ 149,345 $ 75,791 $ 225,136 Construction Fees: B. Inspection Fee 2% $ 2,987 $ 1,516 $ 4,503 C. Material Testing Fee 2% $ 2,987 $ 1,516 $ 4,503 Construction Fees Sub-Total $ 5,974 $ 3,032 $ 9,006 Total Project Cost $ 155,319 $ 78,823 234,142 The costs stated herein may be based upon construction estimates rather than actual cost. The City's participation reimbursement shall be based upon maximum not to exceed unit prices contained in City of Fort Worth Ordinance No. 19192 approved on 6/22/2010. The City's cost participation shall be in an amount not to exceed $78,823 ("Participation"), but 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 packa e ('Green sheet'); LOFFICIALEC4RYAMENDMENT NO.1 ETART. age 1 of 3Moriah at imberland RECEf �� Y�t� H,TX 2. All other provisions of the CFA, which are not expressly amended herein, shall remain in full force and effect. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) AMENDMENT NO. 1 Moriah at Timberland Page 2 of 3 r EXECUTED on this the10—dayof , 201/ in Fort Worth, Tarrant County, Texas. ATTEST: , j,��.� CITY OF FORT WORTH: cx47r Mary KayserFernando Costa, o City Secretary 00 &` ; Assistant City Manager TEXAS APPROVAL RECOMMENDED: WATER DEPARTMENT Wendy Chi-B bulal, EMBA, P.E. Andrew T Cronberq Development Engineering Manager Interim Director Water Department APPROVED AS TO FORM AND LEGALITY: +'►�f< < r-t- r Douglas Black Assistant City Attorney 5 DEVELOPER Moriah Real Estate Company, LLC By: 1 ed C. Branch President OFFICIAL RECORD CITY SECR�EyTA�RyY AMENDMENT NO.1 FT.WORTH, ,A Moriah at Timberland Page 3 of 3 M&C Review Page ] of 2 CITY COUNCIL AGENDA FORT"'ORT11 �r COUNCIL ACTION: Approved on 9/9/2014 DATE: 9/9/2014 REFERENCE NO.: **C-26944 LOG NAME: 06MORIAH AT TIMBERLAND CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Amendment to the Community Facilities Agreement with Moriah Real Estate Company, LLC, City Secretary Contract No. 44303, and Authorize City Participation in an Amount Not to Exceed $78,823.00 for Upsizing the Waterline from Twelve Inches to Sixteen Inches to Serve Moriah at Timberland, a Development Located in Fort Worth (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of an amendment to the Community Facilities Agreement with Moriah Real Estate Company, LLC, to include City participation in an amount not to exceed $78,823.00 for costs related to upsizing the waterline from 12 inches to 16 inches to serve Moriah at Timberland, a development located in Fort Worth. DISCUSSION: Moriah Real Estate Company, LLC, the developer of Moriah at Timberland has executed a Community Facilities Agreement (City Secretary No. 44303) for construction of community facilities to serve a development located in Fort Worth (see attached map). Total construction cost for the 16 inch waterline is$234,142.00. There will be City participation for upsizing the waterline from 12 inches to 16 inches in the amount of$78,823.00, established by the lower of the contractor's bid price or the City's unit price ordinance. The Developer-estimated cost for water improvements is subject to construction inspection and material testing fees. Cost summary table: A. Construction Developer Cost City Cost Total Cost 1. Water $ 149,345.00 $ 60,633.00 $ 209,978.00 2. Sewer $ - $ - $ - Construction Cost Sub-Total $ 149,345.00 $ 60,633.00 $ 209,978.00 Contingency 25 Percent $ - $ 15,158.00 $ 15,158.00 Total Construction $ 149,345.00 $ 75,791.00 $ 225,136.00 Construction Fees: B. Inspection Fee (Two Percent) $ 2,987.00 $ 1,516.00 $ 4,503.00 C. Material Testing Fee (Two Percent) $ 2,987.00 $ 1,516.00 $ 4,503.00 Construction Fees Sub-Total $ 5,974.00 $ 3,032.00 $ 9,006.00 Total Project Cost $ 155,319.00 $ 78,823.00 $ 234,142.00 The costs stated herein may be based upon construction estimates rather than actual cost. The City's reimbursement (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 (Green sheet). This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20055&councildate=9/9/2014 12/15/2014 M&C Review Page 2 of 2 P265 539140 602140189083 $75,791.00 P265 531350 602140189085 $1,516.00 P265 531200 602140189084 $1,516.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Jana Knight (2025) Viesha Kaminska (8428) ATTACHMENTS Moriah at Timberland CFA Exhibit.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20055&councildate=9/9/2014 12/15/2014