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Home My WebLink AboutContract 53009-A1 07/01/2020 CSC No.53009-A1 4:03 pm FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53009 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HRUS ALLIANCE LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53009 ("First Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("City), and HRUS Alliance LLC,a Delaware limited liability company authorized to conduct business in the state of Texas ("Developer"). WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a project generally described as Northlink Logistics Center 24" Water Line Improvements, City Project Number 102189 ("CFA"); and WHEREAS, on February 18, 2020 through M&C 20-0097, the City Council approved the City's participation in the CFA in an amount not to exceed $316,910.58 to oversize the twelve inch water main the Developer is required to construct to a twenty-four inch water main; and WHEREAS, City and Developer desire to amend the CFA to reflect the City's participation in the oversizing of the water main; 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. 53009: 1. The CFA is amended to add the following recital: WHEREAS, on February 18, 2020 through M&C 20-0097, the City Council approved the City's participation in the CFA in an amount not to exceed $316,910.58 to oversize the twelve inch water main Developer is required to construct to a twenty-four inch water main. 2. The CFA is amended to add subsection T,which shall be and read as follows T. CITY PARTICIPATION APPROVAL. On February 18, 2020 through M&C 20- 0097, the City Council approved the City's participation in the CFA in an amount not to exceed $316,910.58 to oversize the twelve inch water main Developer is required to construct to a twenty-four inch water main. City and Developer agree that the twelve inch water Tine developer is required to construct shall be oversized to a twenty-four inch water main. Developer and City shall comply with Section S, subsections i, iii, iv, and v of C7MCIAL RECORD FIRST AMENDN ETTT TO CITY S ECRETARY CONTRACT NUMBER 53009 CITy 95ifAkRY A COMMUNITY FACILITIES AGRF,E NIE�1T BETWEEN THE CITY OF FORT WORTH AND HRUS ALLIANCE LLC �� ® �PID 3. Section S, subsection ii of the CFA is deleted in its entirety. 4. The Cost Summary Sheet of the CFA 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 $ 212,509.59 $ 266,311.41 $ 478,821.00 2.Sewer Construction $ - $ - $ - Water and Sewer Construction Total $ 212,509.59 $ 266,311.41 $ 478,821.00 B. TPW Construction 1.Street $ - $ - $ - 2.Storm Drain $ - $ - $ - 3.Street Lights Installed by Developer $ - $ - $ - 4. Signals $ - $ - $ - TPW Construction Cost Total $ - $ - $ - Total Construction Cost(excluding the fees): $ 212,509.59 $ 266,311.41 $ 478,821.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 4,250.19 $ 5,326.23 $ 9,576.42 D. Water/Sewer Material Testing Fee(2%) $ 4,250.19 $ 5,326.23 $ 9,576.42 Sub-Totalfor Water Construction Fees $ 8,500.38 $ 10,652.46 $ 19,152.84 E. TPW Inspection Fee(4%) $ - $ - $ - F. TPW Material Testing(2%) $ - $ - $ - G. Street Light Inspsection Cost $ - $ - $ - H. Signals Inspection Cost $ - $ - $ - J.Civil/Geotechnical Engineering&Survey(20%) $ - $ - TPW Construction Fees Subtotal $ - $ - $ - Total Construction Fees $ 8,500.38 $ 10,652.46 $ 19,152.84 TOTAL PROJECT COST $ 221,009.97 $ 276,963.87 $ 497,973.84 Financial Guarantee Options,choose one Amount Choice (Mark one) Bond=100% $478,821.00 Completion Agreement=100%/Holds Plat Cash Escrow Water/Sanitary Sewer=125% Cash Escrow Paving/Storm Drain=125% Letter of Credit=125%w/2yr expiration period 5. The Water Cost Estimate of the CFA is amended to be and read as follows: FIRST AMENDN UNT TO CITY SECRETARY CONTRACT NUMBER 53009 Page 2 of 4 A COMMEJNITY FACILITIES AGRFFIVIENT BETWEEN THE CITY OF FORT WORTH AND HRUS ALLIANCE LLC NORTHLINK LOGISTICS CENTER 24" WATER MAIM IMPROVEMENTS BID PROPOSAL UNIIT PRICE BID 1 331I.9161 P WIDANu Pt. l511 NAM I, -F 23. 3311.04E1 U-Df-dftff 2i5 il 10 -F -'14 3 3. 3311.M61 10 MP o Yvairr F%- 3111 It 2311 12 -F 4 3311.05131 2e PW;CKE'Naber P41L 2d il 12 -F 331I.066-2e PM CKE Wakr P41L.CLSM Biddl 1 9 11 12 331A.111111 WaftrTdd 218 04 W -F 2 331X.11109 Tmn:h 218 N 10 2'13u 3MEA 1CW.20 C"I9%---trTTh5n Open DA 26 ISM -F :3 3311.9M1 Did le krm Wab--Ft&W wi Fa-A-a9d-;W'Aftm� 9 14 0 11m I a 3311A7111 Duclie krm WaW FtWVS'dL-Fxa1d;12-Vdgzff} 219 14 11 Taw i EN-AXI E 1. 3312.DM1 EML=ke FYI-wt Onse-&j w,F-L3z V&%,L A Vahee Eck 219 124d FA -X 3 12 3312.10D 3'Qr-Dnadnr Wairr M 12V EA r X I! 33i2.3MS 1?Gate VWA-&Varr ECX z2h FA X 14 3312.3009 2e Gak Valve w"V�i iti --26 EA 11 ---3 CL It 3312.31--G3TN5d to EA!2"Waler Win z 25 EA 1 9 X BW lurrummy 4 bdd-4.11-Lk-0 p-,Z.L-1-f—hid N.1,--I h*..L--ft For Ld bd q—d NdIft,h,b ..ki..d rid bd.W.K.4 1--rk-..1.:-.1 sh..-U V.—r LJ-A"EN A-dd plr h- 3 311 M461 W PVC WSW Fte M 11 12 LF 1 VEJMI TMEJO& 13 31 I.Wb-U-PM Mitir Pte,OLSM B&=Nl 1 33 1112 Lr III) WLU wum" V, 133113IM1 I IN 14 11 1 TCN I OL? I 63, JIE 451L 3005 10 Gat VaM.-A VWVE ECK 1 3312213 1 EA 1 3 1 VIAM.UU1 K20CLQ nes bid Is Nib-Ord b the m,#U Isled bdow GwTav Hurh TOM r-zta .he W. ZZ&=U!JII!F 8Iz-5L1Azkke!z:4e99 Feeley Hadel Fai. C--4 Sata.Zip Cuk-Fixt WDrth,rX N-244 pmnel. sill.?M-RSOC L4D Dr MC-IrIM 6. 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] FIRST AMENDMENT TO CITY SECRE1rARY CONTRACT NUMBER 53009 Page 3 of 4 A COMMLMrY FACILITIES AGREEMENT BETWEEN THE, CITY OF FORT WORTH AND HRUS ALLIANCE LLC IN TESTIMONY WHEREOF, the City and Developer have executed this instrument by their duly authorized representatives to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER HRUS Alliance LLC bay 8"ghZ4�E By:HRUS REIT III LLC, Dana Burghdoff( n30,20 15:0� Its sole member Dana Burghdoff By:Dines HRUS MM LLC, Assistant City Manager Its manager By:Hines HRUS Associates Limited Date: Jun 30,2020 Partnership, Its sole member By:Hines Investment Management Holdings Limited Partnership, Recommended by: Its general partner �- ` By:MIMH GP LLC, Its general partner Evelyn Ro s(Jun 30,2020 08:26 CDT) By:Dines Real Estate Holdings Evelyn Roberts/Jennifer Ezernack Limited Partnership, Project Assistant Its sole member By:JCH Investments,Inc., Development Services Its general partner Approved as to Form&Legality: W.Palmer�erich(Jun 29,2020 23:35 CDT) Name: Palmer Letzerich Richard A.McCrackeJ n 30,202014:31 CDT) Title: Senior Managing Director Richard A. McCracken Date: Jun 29,2020 Assistant City Attorney M&C No. 20-0097 Date:February 18, 2020 Contract Compliance Manager: Form 1295: 2020-577712 By signing, I acknowledge that I am the . � :.: person responsible for the monitoring and administration of this contract, including all ATTEST: :' performance and reporting requirements. LLwlI Zlb 4//J Laurie Lewis(Jun 30,202008:27CFO Mary J. Kayser Laurie Lewis City Secretary R••,...,. Interim Development Manager OFFICIAL RECORD CITY SECRETARY C FT.WORTH,TX. a FIRST AMENDMENT TO CITY S ECRETARY CONTRACT NUMBER 53009 4'bf4"1 A COMMUNITY FACILITIES AGREEMENT BEIWEEN THE CITY OF FORT WORTH AND HRUS ALLIANCE LLC 7/8/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRT�� DATE: 2/18/2020 REFERENCE NO.: **M&C 20-0097 LOG NAME: 60NORTHLINK CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT. Authorize Execution of an Amendment to City Secretary Contract Number 53009, a Community Facilities Agreement with HRUS Alliance LLC, for Oversizing a 12-inch Water Main to a 24-inch Water Main with City Participation in an Amount Not to Exceed $316,910.58, in the Vicinity of FM 156 and Highway 114 for Future Growth in North Fort Worth and to Serve the Northlink Logistics Development (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to City Secretary Contract Number 53009, a Community Facilities Agreement with HRUS Alliance LLC, oversizing a 12-inch Water Main to a 24-inch Water Main with City Participation in an amount not to exceed $316,910.58, in the vicinity of FM 156 and Highway 114 for Future Growth in North Fort Worth and to Serve the Northlink Logistics Development(City Project Number 102189 IPRC18-0147). DISCUSSION: HRUS Alliance LLC (Developer) is constructing the Northlink Logistics Development (Development) located south of Highway 114 and West of Interstate 35W on FM 156. The Development requires a 12-inch water main to serve the site. The Water Department would like to cost participate in the project to oversize the 12-inch water main to a 24-inch water main to serve anticipated future development in the surrounding area (City Project No. 102189) (Accela System Record IPRC18-0147). In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's CFA Unit Price Ordinance. The City's cost participation in the construction of the water main is estimated to be $316,910.58 as shown in the table below: A. Construction Developer Cost City Cost Share ITotal Cost Cost 17.85\% �82.15\% 1. Water $57,865.59[ $266,311.41 f$324,177.00 2. Sewer 1 $0.00 F_ $0.00 $0.00 Contingency 15\% 1 $0.001 $39,946.711 $39,946.71 Total Construction- Sub Total $57,865.59 $306,258.12 $364,123.71 Construction Fees: T_ B. Inspection Fee 2\% $1,157.31 $5,326.23 $6,483.54 C. Material Testing Fee 2\% 7 $1,157.31 F $5,326.23 $6,483.54 Total Project Cost $60,180.21 $316,910.58 $377,090.79 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 Package, commonly referred to as the Green Sheet Package. The work is anticipated to begin after the approval of this M&C. This project is located COUNCIL DISTRICT 7. apps.cfwnet.org/council_packet/mc_review.asp?ID=27666&councildate=2/18/2020 1/2 7/8/2020 M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Water& Sewer Capital Project 2018 (W&S Capital Proj 2018) Fund Programmable Project P00001. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: Chris Harder(5020) Additional Information Contact: Melissa Harris (8428) ATTACHMENTS Exhibit A-Water.pdf Location Map.pgf apps.cfwnet.org/council_packet/mc_review.asp?ID=27666&councildate=2/18/2020 2/2