HomeMy WebLinkAboutContract 53891-A1 DocuSign Envelope ID:2C421603-82F5-4C7D-99FF-2ED78EF383D2 CSC N0. 53891-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891
A DESIGN PROCUREMENT AGREEMENT BETWEEN
THE CITY OF FORT;WORTH AND LEGENDS OF HANNA RANCH,LTD.
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891
("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 Legends of Hanna Ranch,Ltd., a
Texas limited partnership ("Developer").
WHEREAS, the City and Developer entered into a Design Procurement Agreement for
the engineering design for replacing public sanitary sewer mains M-295 and M-329 located in
Village Creels, City Secretary Contract Number 53891 ("DPA"); and
WHEREAS, the City and Developer desire to amend the DPA to provide for additional
engineering design services and infrastructure plan review for the replacement of an additional
segment of sanitary sewer main M-329 from the manhole northeast of the intersection of
Thompson Street and E. Trammel Avenue to the manhole at the intersection of Wichita Street and
Lee Street; and
WHEREAS, on March 3, 2020,the City Council approved M&C 20-0136 authorizing an
Amendment to the DPA in the amount of $158,251.34 for the additional design engineering
services and infrastructure plan review;
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement,which amends the DPA:
1.
The fifth recital of the DPA, which reads "WHEREAS, Developer will initially fund the
costs of Design Consultant and City will reimburse Developer for the City's portion of the design
up to a maximum amount of$458,771.30; and" is amended to be and read:
WHEREAS, City will reimburse Developer for the City's portion of the design up to a
maximum amount of$617,022.64; and
2.
Section 1.1 of the DPA is amended in its entirety to be and read as follows:
1.1 The Project will generally consist of certain public infrastructure in the form of a
replacement of existing sanitary sewer M-295 and M-329 with new 2,675 L.F. of
21 inch,4040 L.F. of 30 inch,and 6700 L.F. of 36 inch public sanitary sewer mains
in Village Creek basin as further described in Exhibit "A" ("Shared Line"). The
Project will further consist of certain public infrastructure in the form of a
replacement of existing sanitary sewer M-329 from the manhole at the intersection
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 Page 1 of
A DESIGN PROCUREMENT AGREEMENT BETWEEN OFFICIAL RECORD
THE CITY OF FORT WORTH AND LEGENDS OF HANNA RANCH,LTD.
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID:2C421603-82F5-4C7D-99FF-2ED78EF383D2
of Wichita Street and Lee Street to the manhole northeast of the intersection of
Thompson Street and E. Trammel Avenue as further described in Exhibit "A"
("100% City Participation Line").
3.
Section 1.3 of the DPA is amended in its entirety to be and read as follows:
1.3 City agrees to reimburse Developer for 94.25% of the actual cost to design the
Shared Line ("City's Share"), with total liability by the City for the City's Share
not to exceed$458,771.30, and the remainder, $27,988.70,being the "Developer's
Share." In addition, City agrees to reimburse Developer for 100% of the actual
cost to design the 100% City Participation Line, with total liability by the City not
to exceed $158,251.34, which includes IPRC design review fees in the amount of
$7,800.00. The design of the Project includes, as appropriate, the preparation of
engineering drawings, studies, renderings, contract specifications, estimates, and
other documents necessary to construct the improvement contemplated by this
Agreement("Construction Documents"). Developer shall pay all invoices received
by Developer from Design Consultant for the design of the Project. Developer shall
deliver to the City: (1) a copy of Design Consultant's invoice; (2) proof that
Developer has paid Design Consultant for the Developer's Share of the design of
the Shared Line included in each invoice; and (3) an invoice from Developer.
Developer shall not submit invoices to the City for reimbursement until the amount
that Developer seeks reimbursement for is equal to or exceeds $50,000.00. The
City shall reimburse Developer for the City's Share of the actual design costs for
the Shared Line that were paid by Developer, and for the 100% City Participation
Line that are invoiced by Design Consultant to Developer within thirty (30) days
of the City receiving from Developer a copy of the invoice from Design Consultant,
proof of payment of the Developer's Share to Design Consultant, and an invoice
from Developer. City shall have the ultimate right to approve or disapprove the
Construction Documents, such approval not to be unreasonably withheld, delayed,
or conditioned.
4.
Section 1.4 of the DPA is amended in its entirety to be and read as follows:
1.4 The parties intend to execute a Community Facilities Agreement for construction
of the replacement of existing sewer mains M-295 and M-329. The Community
Facilities Agreement will set forth the construction costs. The Developer will be
responsible for paying the CFA application fee associated with the Project. The
City and Developer will split the cost of IPRC Engineering Review Fees,
permitting, easements, and other fees related to the design of the Project, with the
City paying: (1) 94.25% of those costs and the Developer paying 5.75% of those
costs for the Shared Line; and(2)the City paying 100%of those costs for the 100%
City Participation Line. The City will acquire all easements for the Project. The
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 Page 2 of 5
A DESIGN PROCUREMENT AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND LEGENDS OF HANNA RANCH,LTD.
DocuSign Envelope ID:2C421603-82F5-4C7D-99FF-2ED78EF383D2
Design Engineer will prepare the easement documents.
5.
Section 1.5 of the DPA is amended in its entirety to be and read as follows:
1.5 Provided the City has reimbursed Developer for all submitted invoices that
collectively do not exceed $458,771.30 for the Shared Line and $158,251.34 for
the 100% City Participation Line, City shall own the plans and other documents
and work product Design Consultant creates for the design of the Project. In the
Event this Agreement is terminated, City shall have the right to enter into an
agreement with Design Consultant to complete the design of the Project. Developer
shall include the City's ownership right in the plans for the Project and the City's
right to enter into an agreement with Design Consultant to complete the design of
the Project if this Agreement is terminated in Developer's agreement with Design
Consultant.
6.
Exhibit A of the Agreement is amended to be and read as set forth in Exhibit A of this First
Amendment.
7.
a. All other provisions of the DPA,which are not expressly amended herein, shall remain
in full force and effect.
b. All term in this First Amendment that are capitalized, but not defined, shall have the
meaning assigned to those term in the DPA.
[SIGNATURES ON FOLLOWING PAGE]
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 Page 3 of 5
A DESIGN PROCUREMENT AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND LEGENDS OF HANNA RANCH,LTD.
DocuSign Envelope ID:2C421603-82F5-4C7D-99FF-2ED78EF383D2
IN TESTIMONY WHEREOF, the City and Developer have each executed this First
Amendment on the dates indicated below.
CITY OF FORT WORTH DEVELOPER
Legends of Hanna Ranch,Ltd.
gayy A Texas limited partnership
Dana Burghdoff( 28,20 0 4:3T CDT) By: Cameorp Management, Inc.
Dana Burghdoff it's General Partner
Assistant City Manager
DoeuSigned by:
Date: Jul 29,2020
Louis'Y raponno
Vice President
Recommended by: Date: 7/22/2020
C—
/I
Chris Harder
Director, Water Department
Approved as to Form &Legality:
Richard A McCracken(Jul 28,202014:06 CDT)
Richard A. McCracken
Sr.Assistant City Attorney
M&C No. 20-0136 Contract Compliance Manager:
Date: 3/3/20 By signing, I acknowledge that I am the
Form 1295: 2020-578929 person responsible for the monitoring and
administration of this contract, including all
ATTEST: performance a reporting requirements.
r Ronald P.Gonzales(Jul 28,202016: L /J � 0,000,�
Mary J. Kayser [ do44�n�>Z� Name: S.,",� M. IA
City Secretary oiooF�Rr* a '�
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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 4 of 5
A DESIGN PROCUREMENT AGREEMENT BETWEEN OFFICIAL RECORD
THE CITY OF FORT WORTH AND LEGENDS OF HANNA RANCH,LTD.
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID:2C421603-82F5-4C7D-99FF-2ED78EF383D2
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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 Page 5 of 5
A DESIGN PROCUREMENT AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND LEGENDS OF HANNA RANCH,LTD.
M&C Review Page 1 of 3
Official site of the City of Fort'Worth,Texas
CITY COUNCILAGENDA I1iC WORTH
DATE: 3/3/2020 REFERENCE **M&C 20- LOG NAME: 60HANNA RANCH DESIGN
NO.: 0136 AGREEMENT AMEND 1
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No.1 in the Amount of$158,251.34 to the Design
Procurement Agreement with Legends of Hanna Ranch Ltd. for Additional Engineering
Design Services and Infrastructure Plan Review of Sewer Rehab of Sanitary Sewer M-
329 Extending West to Wichita Street, Adopt Resolution Expressing Official Intent to
Reimburse Expenditures with Proceeds from Future Debt and Adopt Appropriation
Ordinance (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Execution of Amendment No.1 in the amount of $158,251.34 to the Design
Procurement Agreement with Legends of Hanna Ranch Ltd., for a total revised amount of
$617,292.64, for additional engineering design services and Infrastructure Plan Review
(IPRC) for sewer rehab of sanitary sewer M-329 extending west to Wichita St, from manhole
northeast of street intersection of Thompson Street & E. Trammel Ave to manhole at street
intersection of Wichita Street and Lee Street for the Hanna Ranch M-329 and M-295
Replacement project (City Project No. 102152);
2. Adopt the attached Resolution Expressing Official Intent to Reimburse Expenditures with
Proceeds for Future Debt for the Hanna Ranch M-329 and M-295 Replacement project; and
3. Adopt Appropriation Ordinance increasing estimated receipts and appropriations in the Water
and Sewer Commercial Paper Fund (56017) in the amount of $158,252.00, from available
funds, for the Hanna Ranch M-329 and M-295 Replacement project.
DISCUSSION:
On June 25, 2019 (M&C C-29177), the City Council authorized execution of a design procurement
agreement with Legends of Hanna Ranch Ltd., in the amount of$458,771.30 for design project,
project management and real property staff cost. The replacement and upsizing of public sewer mains
M-295 and M-329 located in the Village Creek basin southeast of 1-35 and E. Altamesa Blvd provide
additional capacity for future growth within the basin.
Amendment No. 1 will fund costs associated with Engineering services for additional sewer design
and IPRC Plan Review Fees for increased project limits for M-329 extended west to Wichita
Steet, from the manhole northeast of the intersection of Thompson Street & E. Trammel Ave to the
manhole at the intersection of Wichita Street and Lee Street for the Hanna Ranch M-392 and M-295
Replacement project. $150,451.34 is allocated for additional engineering services and $7,800
allocated for IPRC plan review fees for a total amount of$158,251.34
This project is anticipated to be included in a future revenue bond issue for the Water and Sewer
Fund. Because these costs are nessessary towards the overall construction of the capital project and
will be capitalized as part of the project costs, they are eligible for debt financing. Available cash
within the Water and Sewer portfolio and the City's portfolio along with the authority authorized under
the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project
until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to
provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the
overall rate of return being earned by the City portfolio (currently approximately 2.28 percent
annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term
financing source, another funding source will be required, which could mean issuance of securities
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M&C Review Page 2 of 3
under the CP Program or earlier issuance of Water and Sewer revenue bonds than is currently
planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the
Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement
Resolution.
The City Council adopted the Water Department's Fiscal Year 2019-2023 Five Year Capital
Improvement Plan on September 18, 2018. This City Council adopted plan includes this specific
project, with funding identified through the CP program to be reimbursed with future revenue bonds.
In accordance with the provisions of the Financial Management Policy Statement, staff anticipates
presenting revenue-supported debt issuances to the City Council for consideration within the next
three years. This debt must be issued within approximately three years to provide reimbursement for
these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-
exempt debt and the funding source will have to be made whole through budgetary methods.
Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to
reimburse the City from tax-exempt bond proceeds. Upon completion of the design, the construction
of project will be publicly bid. Staff will present an M&C to the City Council seeking approval for the
City to enter into a Community Facility Agreement with City Participation for the construction of the
project. Funding for the infrastructure Improvements for public sewer main M-295 and M329 project is
as depicted below:
FUND Existing Additional Project
Appropriations Appropriations Total*
W&S Commercial $483,775.00 $158,252.00 $642,027.00
Paper-Fund 56017
* Numbers rounded for presentation purposes.
This project is in COUNCIL DISTRICT 8
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the Water& Sewer Commercial Paper
(W&S Commercial Paper) Fund for additional engineering design services for sewer rehab for the
future growth of the Hanna Ranch M-295 Replacement project. Prior to any expenditure being
incurred, the Water Department has the responsibility to validate 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 ID I Year Chartfield 2
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Soon Wong (8369)
ATTACHMENTS
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60 HANNA RANCH DESIGN MAP Amended.pdf
60HANNA RANCH DESIGN AGREEMENT AMEND 1 56017 AO20 Rev.docx
60Hanna Ranch Design Amend 1 Reimb Resolution Rev.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=27705&councildate=3/3/2020 7/27/2020