HomeMy WebLinkAboutContract 47712-A1 City Secretary Contract NO. 47712-A1
AMENDMENT NO. 1 TO
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 47712
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth ("City") and Oleander Investments, LLC — c/o
Lang Partners, LLC., ("Developer") entered into a Community Facilities Agreement, City
Secretary Contract No. 47712 ("CFA"), wherein Developer is to make certain Improvements
related to a project generally described as Lang Oleander Multifamily("Project"); and
WHEREAS, the CFA provides that the construction of the Improvements are to be
completed within two (2) years; and
WHEREAS, the CFA authorizes a one (1) year extension to complete the
Improvements if construction of the Improvements has stared within the two year period; and
WHEREAS, Developer has requested and City agrees that Developer's obligation to
construct the Improvements pursuant to the CFA should be extended for an additional one (1)
year period; and
WHEREAS, on June 28,2016 through M&C C-27797,the City Council of the City of
Fort Worth authorized City Participation in the amount of$20,737.00 for oversizing the water
Improvements; and
WHEREAS, Developer and City desire to amend the Agreement to reflect the City
Participation authorized by the City Council in M&C C-27797.
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends City Secretary
Contract No. 47712:
1.
The CFA is amended to add the following recitals:
WHEREAS, the City has reviewed the proposed Improvements and desires to have the
Developer oversize the proposed Improvements to provide capacity for future development in the
area("Oversized Improvements"); and
WHEREAS, the City has reviewed the Project and desires to participate in the Project in
accordance with this Agreement as presented by the Cost Summary Table and Exhibits attached
City of Fort Worth,Texas OFFICIAL.RECORD
Amendment No. 1 to City Secretary Contract No.47712 CITY SECRETARY
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FT.WORTH,TX
hereto and authorized by City Council via M&C C-27797 on June 28,2016;and
WHEREAS, The City's cost participation shall be in an amount not to exceed $15,951.00
("Participation"); and
WHEREAS,the City has requested the Developer to cause, and the Developer agrees to
cause, the design, permitting and construction of the Project for which the City will, subject to
City Council approval, reimburse the Developer for the City's portion of those costs after City's
final acceptance of the Project.
2.
Section P. of the CFA is amended to read in its entirety as follows:
P. COMPLETION WITHIN 3 YEARS
i. The City's obligation to participate (exclusive of front foot charges) in this
Agreement shall terminate if the Improvements are not completed within three (3)
years. City participation in this CFA shall be subject to the annual availability of
City funds as approved by the City Council.
ii. Subject to paragraph i, above, the City shall reimburse Developer for the City's
costs upon presentation of proper documentation of completion of installation of
the Oversized Improvements.
iii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement with
its contractor or other related agreements.
iv. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
the end of three (3) years from the date of this Agreement the Improvements have
not been completed and accepted.
V. The City may utilize the Developer's financial guarantee to cause the payment of
costs for construction of the Improvements before the expiration of three(3) years
if the Developer breaches this Agreement, becomes insolvent or fails to pay costs
of construction and the financial guarantee is not a Completion Agreement. If the
financial guarantee is a Completion Agreement and the Developer's contractors
and/or suppliers are not paid for the costs of supplies and/or construction, the
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No.47712
Page 2 of 5
contractors and/or suppliers may put a lien upon the property which is the subject
of the Completion Agreement.
3.
The Cost Summary Sheet is amended to be and read as follows:
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 116,487.86 $ 15,951.00 $ 132,438.86
2.Sewer Construction $ 38,499.84 $ - $ 38,499.84
Contingency $ 3,988.00
Water and Sewer Construction Total $ 154,987.70 $ 19,939.00 $ 170,938.70
B. TPW Construction
1.Street $ 301,365.29 $ - $ 301,365.29
2.Storm Drain $ 41,986.08 $ - $ 41,986.08
3.Street Lights Installed by Developer $ 140,544.70 $ - $ 140,544.70
4. Signals - $ - $ -
TPW Construction Cost Total $ 483,896.07 $ - $ 483,896.07
Total Construction Cost(excluding the fees): $ 638,883.77 $ 19,939.00 $ 654,834.77
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 3,099.76 $ 398.78 $ 3,498.54
D. Water/Sewer Material Testing Fee(2%) $ 3,099.76 $ 398.78 $ 3,498.54
Sub-Total for Water Construction Fees $ 6,199.52 $ 797.56 $ 6,997.08
E. TPW Inspection Fee(4%) $ 13,734.05 $ - $ 13,734.05
F. TPW Material Testing(2%) $ 6,867.03 $ $ 6,867.03
G. Street Light Inspsection Cost $ 5,621.79 $ - $ 5,621.79
H. Signals Inspection Cost $ - $ - $ -
$ $ -
TPW Construction Fees Subtotal S - $ 26,222.87
Total Construction Fees $ 32,422.39 $ 797.56 $ 33,219.95
TOTAL PROJECT COST $ 671,306.16 $ 20,736.56 $ 692,042.72
Financial Guarantee Options,choose one Amount Choice
(Mark one)
Cash Escrow Water/Sanitary Sewer=125°x6 $ 213,673.38 x
Cash Escrow Paving/Storm Drain=125% $ 604,870.09 x
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No.47712
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The costs stated herein may be based upon construction estimates rather than actual costs. The
City's portion of inspection and material testing fees are directly allocated to the City's accounts
for charges and does not reimburse the Water Inspection and Material Testing Fees to the
Developer. The City's participation estimate shall be limited to the unit prices contained in City
of Fort Worth Ordinance No. 19192-06-2010, as amended, ("Unit Price Ordinance") or as
determined by public competitive bid. The City's cost participation (excluding inspection and
material testing fees) is not a lump sum amount and may be less than stated above depending upon
actual quantities as shown on the Notice of Final Completion package (`Green sheet') and based
on unit prices from the construction contract documents. In no event shall the City pay more per
unit than as determined pursuant to the Unit Price Ordinance or public competitive bid.
4.
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)
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No.47712
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IN TESTIMONY WHEREOF, the City of Fort Worth and Developer have each caused
this instrument to be executed in quadruplicate in each entity's respective name by its duly
authorized signatories effective as of the date executed by the City's City Manager or his/her
designee.
CITY OF FORT WORTH DEVELOPER
Oleander Investments,LLC—c/o Lang
Partners,LLC
Jesus J.Chapa(Feb 21,2018)
Jesus J. Chapa
Assistant City Manager
Date: Feb 21,2018
dirik oucit(Feb 21,2019)
Name: Dirk Oudt
Recommended by: Title: Manager
2 Fe !Ld l
Date: Feb 21,2018
j�Ar Soon Wong(Feb 21,2019)
Wendy Chi-Babulal,EMBA, P.E.
Development Engineering Manager ATTEST: (Only if required by Developer)
Water Department
aGtl& r;V �'U%2`!/A
Doug[ArW.Wiersig(Feb21,2018) Name:
Douglas W. Wiersig, P.E.
Director
Transportation &Public Works Department Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
Approved as to Form &Legality: administration of this contract, including all
performance and reporting requirements.
Rt� d A, McCs^acke�
Richard A.McCracken(Feb 21,2019) Tanie Scar-left Morales
Richard A. McCracken Janie Scarlett Morales(Feb 21,2018)
Assistant City Attorney Name:
M&C No. C-27797 F BIZ T
Date: 6/28/16 r
Form 1295: ATTEST: 4?�
Mary J.K r(Fe ,2018)
Mary J. kayser '
City Secretary
�'XAS
City of Fort Worth,Texas OFFICIAL.RECORD
Amendment No. 1 to City Secretary Contract No.47712
CITY SECRETARY
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FT.WORTH,TX