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Home My WebLink AboutContract 33616 AMENDMENT NO. 1 TO COMMUNITY FACILITIES AGREEMENT STATE OF TEXAS § CITY SECRETARY CONTRACT NO. COUNTY OF TARRANT § AUTHORIZING M&C NO. WHEREAS, the City of Fort Worth (City) and Westwood Group Development No. I, L.P., a Texas Limited Partnership by Westwood Group Development, LLC, its general partner, (Developer) entered into Community Facility Agreement, City Secretary Contract No. 32226, authorized by City Council on the 4th day of August, 2005 via M&C C-20892 (CFA); and WHEREAS, the bids received for construction of the improvements contemplated by the CFA are substantially higher than the cost estimates used to prepare the CFA; and WHEREAS, it has become necessary to execute Amendment No. 1 to the CFA to increase City participation by $144,405.00 for the City's portion of costs associated with construction and inspection of the sanitary sewer facilities contemplated by the CFA. NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CFA: 1 . Section II. Water and Sewer Facilities, Paragraph B, is amended to be and read: B. Developer shall install sanitary sewer mains as shown on Exhibit A-1, the w estimated cost of which is $1,132,238.00. 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, the City of Fort Worth, and the City of Haslet shall share in the cost of the sewer improvements as follows: AMENDMENT NO 1 LETARA CFA APRIL of 4 I I n Page 1 of 4 ( �(-i� A09 :52 IN SANITARY SEWER FA I ITI S: Estimated Estimated Estimated Estimated Estimated Developer Fort Worth Developer Haslet Cost Total Cost Cost (FW) Cost Cost (Hslt) Mains within $ 232,588 $ -0- $ -0- $ -0- $ 232,588 Development Approach $ 241,358 $ 568,951 $ 29,324 $ 60,017 $ 899,650 Easements* $ -0- S -0- S -0- $ -0- $ -0- Services $ -0- S -0- $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- $ -0- $ -0- Sub-Total $ 473,946 $ 568,951 $ 29,324 $ 60,017 S 1,132,238 Sewer Fort Worth Construction $ 9,479 $ 11,379 $ -0- $ -0- $ 20,858 Inspection** TRA Construction $ 14,804 S 36,983 $ 1,982 $ 4,231 $ 58,000 Inspection*** Sewer Total j $ 498,229 j $ 617,313 j S 31,306 j $ 64,248 j $ 1,211,096 * To be obtained and dedicated by the developer. ** Inspection for sewer main from A to B, as shown on Exhibit A-1, attached hereto and made a part hereof, shall be performed by the City of Fort Worth. *** Inspection for sewer main from B to D, as shown on Exhibit A-1 shall be performed by TRA, Fort Worth, and Haslet and maintained by Haslet until TRA assumes the maintenance in the future based on agreement by and between the cities of Fort Worth and Haslet and TRA. SEWER COST SHARE Developer Developer Capacity Fort Worth Capacity Haslet Total Capacity (FW) Capacity (Hslt) Capacity Segment A-B 38.80% 61.20% 0.00% 0.00% 100.00% Segment B-C 33.90%1 53.46%1 6.98%1 5.66%1 100.00% ,Segment C-D 17.9279/6 67.79%1 3.69%1 10.60%1 100.00% AMENDMENT NO.1 LETARA CFA APRIL 2006 Page 2 of 4 J 0IECC2E1'a�71! TOTAL WATER AND SANITARY SEWER FACILITIFS- Estimated Estimated Estimated Estimated Estimated Developer Fort Worth Developer Haslet Cost Total Cost Cost (FW) Cost Cost (Hslt) Sub-Total $ 614,930 $ -0- $ -0- $ -0- $ 614,930 Water Sub-Total $ 473,946 $ 568,951 $ 29,324 $ 60,017 $ 1,132,238 Sewer Total Water and Sewer $ 1,088,876 $ 568,951 $ 29,324 $ 60,017 $ 1,747,168 Construction Fort Worth Construction $ 21,778 $ 11,379 $ -0- $ -0- $ 33,157 Inspection TRA Construction $ 14,804 $ 36,983 $ 1,982 $ 4,231 $ 58,000 Inspection Contingency * $ -0- $ 56,895 $ -0- $ -0- $ 56,895 Grand Total $ 1,125,458 $ 674,208 $ 31,306 $ 64,248 $ 1,895,220 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 LETARA CFA a r APRIL 2006 Page 3 of 41/"':, EXECUTED on this the day of L , 2006, in Fort Worth, Tarrant County, Texas, ATTEST: CIT=FORTW Marty Hendrix arc Ott City Secretary- Assistant City Manager bL P AP ,P OVAL RECOMMENDED: Contr ct Autho izatioa Date Frank Crumb, Director Water Department APPROVED TO FORM AND LE Am J. R sey Assistant City Attorney DEVELOPER: Westwood Group Development No. I, L.P., a Texas Limited Partnership By: WGD, GP, Management, LLC Its General Partner B4Gary . Haz wood ger AMENDMENT NO. 1 LETARA CFA APRIL 2006OFFICIAL �02E Page 4 of 4 OFFICIAL �yl�l CITY SK'-RU'7 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/6/2006 DATE: Tuesday, June 06, 2006 LOG NAME: 60LETARA REFERENCE NO.: C-214 SUBJECT: Authorize Execution of an Amendment to City Contract No. 32226, a Community Facilities Agreemen with Westwood Group Development No. I, L.P., a Texas Limited Partnership by Westwood Grour Development, LLC, Its General Partner, to Increase City Participation for Construction of Sewe Services to Serve LaTera Addition RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to City Contra+ No. 32226, a community facilities agreement with Westwood Group Development No. I, L.P., a Texas Limite Partnership by Westwood Group Development, LLC, its General Partner, to increase City participation t $144,405 for construction of sewer services to serve LaTera Addition, a development of single-family homes 1 far north Fort Worth. DISCUSSION: On August 4, 2005 (M&C C-20892), the City Council authorized the City Manager to execute a communi- facilities agreement with Westwood Group Development No. I, L.P., a Texas Limited Partnership by Westwoc Group Development, L.L.C., its General Partner, for the installation of water and sewer services to sen, LaTera Addition, a single-family development in the far north part of Fort Worth, south of Avondale Hasli Road and west of FM 156 (see attached map). The total estimated cost for onsite and offsite water and sewer improvements for this development wz $1,668,873, including the fee for Trinity River Authority (TRA) inspection. The Developer, the City of Fc Worth and the City of Haslet shall share in the cost of the sewer improvements. Inspection for sewer ma from point A to point B shall be performed by the City of Fort Worth. Inspection for sewer main from point B 1 point D shall be performed by TRA, Fort Worth and Haslet and shall be maintained by Haslett until TR assumes the maintenance in the future based on agreement by and between the cities of Fort Worth ar Haslett and TRA (see Exhibit "A-1"). However, the construction bid tabulations for the offsite sanitary sewer main came to $899,650. In order i complete this project, the Water Department needs an additional $144,405 appropriated toward the proje budget. In advance, the developer has paid cash for its portion of the inspection costs and Haslet has paid f( its portion of the construction and inspection costs. The cost differences for the offsite sanitary sewer between the approved CFA and the amended CFA for & Developer and the City are shown below. ESTIMATED COST: (per approved CFA) Original Project Cost Developer(FW) Fort Worth Developer(Haslet) Haslet Toti Approved CFA $176,136.00 $440,018.00 $23,581.00 $50,345.00 $690,080.0 Approved Inspection $8,174.00 $8,800.00 $0.00 $0.00 $16,974.0 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/11/2006 Page 2 of 2 Approved Contingency $0.00 $44,002.00 $0.00 $0.00 $44,002.0 ESTIMATED COST(PER AMENDED CFA) Amended CFA $241,358.00 $568,951.00 $29,324.00 $60,017.00 $899,650.0 Amended Inspection $9,479.00 $11,379.00 $0.00 $0.00 $20,858.0 Amended Contingency $0.00 $56,895.00 $0.00 $0.00 $56,895.0 ADDITIONAL COST(PER AMENDED CFA) Additional Cost $65,222.00 $128,933.00 $5,743.00 $9,672.00 $209,570.0 Additional Inspection $1,305.00 $2,579.00 $0.00 $0.00 $3,884.0 Additional Contingency $k.00 $12,893.00 0.00 $0.00 $12,893.0 TOTAL ADDITIONAL COST $66,527.00 $144,405.00 $5,743.00 $9,675.00 $226,347.0 TOTAL COST PARTICIPATION: Protect Cost Developer(FW) Fort Worth Developer(Haslet) Haslet Total Water $614,930.00 $0.00 $0.00 $0.00 $614,930.00 Sewer $473,946.00 $568,951.00 $29,324.00 $60,017.00 $1,132,238.00 Fort Worth Inspection $21,778.00 $11,379.00 $0.00 $0.00 $33,157.00 TRA Inspection $14,804.00 $36,983.00 $1,982.00 $4,231.00 $58,000.00 Contingency $0.00 $56,895.00 $0.00 $0.00 $56,895.00 TOTAL $1,125,458.00 $674,208.00 $31,306.00 $64,248.00 $1,895,220.00 Contingency for this project is $56,895 for associated construction and inspection. This development is zoned A-5 and located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of th Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P174 539140 070174014004 $141,826.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207) http://www.cfwnet.org/council_packetfReports/mc_print.asp 9/11/2006