HomeMy WebLinkAboutContract 52939-A1 05/27/2020
CSC No.52939-A1
4:39 PM
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52939
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND PATE RANCH COMMERCIAL LP
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
52939 ("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 Pate Ranch
Commercial LP ("Developer).
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a Project known as Tavolo Park
Phase 2 ("CFA"); and
WHEREAS, Developer agreed in the CFA to oversize an 8-in water main to a 24-inch
water main if the City Council approved the City's participation in the CFA; and
WHEREAS, on March 3, 2020 through M&C 20-0138, the City Council approved the
City's participation in the CFA in order to oversize the water main in an amount not to exceed
$914,682.82; and
WHEREAS, in accordance with the CFA Ordinance, Developer desire to reduce the
financial guarantee for the CFA after completing construction of one-third of the
Improvements;
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends the CFA:
1.
The cost summary sheet of the CFA is amended to be and read as set forth in Attachment
1 of this First Amendment.
2.
The CFA is amended to add section T. to be and read as follows:
T. City will participate in the cost of oversizing the 8 inch water main along Bryant
Irvin Road to a 24 inch water main in an amount not to exceed $914,682.82
("City Participation"). The City shall reimburse Developer for the City
Participation after presentation of proper documentation by Developer to the
City that the Improvements have been constructed and accepted by the City and
all contractors and material suppliers have been paid.
3.
OFFICIAL RECOIL L�
The CFA is amended to add section U. to be and read as follows: CITY SECRETA
FT. WORTH,T
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52939 Page 1 of 4
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND PATE RANCH COMMERCIAL LP
U. Developer has made a request to the City for a reduction in the financial
guarantee for the CFA. City has confirmed that two-thirds of the Improvements
have been constructed in accordance with the engineering plans and the City has
received affidavits and release of liens from the contractors in the amount of
two-thirds of the value of the Improvements being constructed pursuant to the
CFA. City and Developer agree that Developer may reduce the financial
guarantee for the,CFA in an amount that does not exceed two-thirds of the
amount of the financial guarantee.
4.
a. All other provisions of the CFA 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 the CFA.
[SIGNATURES ON FOLLOWING PAGE]
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52939 Page 2 of 4
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND PATE RANCH COMMERCIAL LP
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
Pate Ranch Commercial LP
flacrreY,�.L—
Dana Bu rghdoff(May 22,2 11:02 CDT61�,l Julian Hawes,Jr.(May 21,2020 09:24 CDT)
Dana Burghdoff Julian Hawes, Jr.
Assistant City Manager Authorized Signatory
Date: May 22, 2020 Date: May 21,2020
Recommended by:
. r�,w,,`.�r►,r�
Evelyn Robe (May 21,202009:55 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form &Legality:
a 22.2020 09:27 CDT)
Richard A. McCracken
Sr. Assistant City Attorney Contract Compliance Manager:
M&C No. 20-0138 By signing, I acknowledge that I am the
Date: 3/3/20 person responsible for the monitoring and
Form 1295:2020-574287 administration of this contract, including all
performance and reporting requirements.
ATTEST:
SORT ..
�Q LAarie Lewis
Laurie Lewis(May 21,202010:01 CDT)
U; _ Name: Laurie Lewis
Mary J. Kayser ;? Title: Interim Development Manager
City Secretary }�
OFFICIAL RECORD
CITY SECRETARY
FT 'WORTH, TX
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52939 Page 3 of 4
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND PATE RANCH COMMERCIAL LP
ATTACHMENT 1
A. Water and Sewer Construction
1. Water Construction $ 328,207.40 $ 744,674.64 $ 1,072,882.04
2.Sewer Construction $ 402,025.00 $ - $ 402,025.00
Water and Sewer Construction Total $ 730,232.40 $ 744,674.64 $ 1,474,907.04
B. TPW Construction
1.Street $ 1,686,854.45 $ - $ 1,686,854.45
2.Storm Drain $ 752,571.90 $ $ 752,571.90
3.Street Lights Installed by Developer $ 297,647.00 $ - $ 297,647.00
4. Signals $ 143,733.45 $ - $ 143,733.45
TPW Construction Cost Total $ 2,880,806.80 $ $ 2,880,806.80
Total Construction Cost(excluding the fees): $ 3,611,039.20 $ 744,674.64 $ 4,355,713.84
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 14,604.65 $ 14,893.49 $ 29,498.14
D. Water/Sewer Material Testing Fee(2%) $ 14,604.65 $ 14,893.49 $ 29,498.14
Sub-Total for Water Construction Fees $ 29,209.30 $ 29,786.98 $ 58,996.28
E. TPW Inspection Fee(4%) $ 97,577.05 $ - $ 97,577.05
F. TPW Material Testing(2%) $ 48,788.53 $ $ 48,788.53
G. Street Light Inspsection Cost $ 11,905.88 $ $ 11,905.88
H. Signals Inspection Cost $ 5,749.34 $ - $ 5,749.34
J.Engineer Design Services $ 2,480.00 $ 28,520.00 $ 31,000.00
TPW Construction Fees Subtotal $ 166,500.80 $ 28,520.00 $ 195,020.80
Total Construction Fees $ 195,710.10 $ 58,306.98 $ 254,017.08
TOTAL PROJECT COST $ 3,806,749.30 $ 802,981.62 $ 4,609,730.92
Financial Guarantee Options,choose one Amount Choice
Mark one
Bond=100% $ 4,355,713.84 X
Completion Agreement=100%/Holds Plat $ 4,355,713.84
Cash Escrow Water/Sanitary Sewer=125% $ 912,790.50
Cash Escrow Paving/Storm Drain=125% $ 3,601,008.50
Letter of Credit= 125%w/2 r expiration period $ 5,444,642.30
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52939 Page 4 of 4
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND PATE RANCH COMMERCIAL LP