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HomeMy WebLinkAboutContract 45101-A1 (2)AMENDMENT NO. 1 TO COMMUNITY FACILITIES AGREEMENT STATE OF TEXAS COUNTY OF TARRANT CITY SECRETARY CONTRACT NO. l4yj� j-41 AUTHORIZII\ G M&C NO. C-26739 WHEREAS, the City of Fort Worth (City) and Elan West 7th, L.P. (Developer) entered into a Community Facilities Agreement, City Secretary Contract No. 45101 ("CFA"); and WHEREAS, it has become necessary to execute Amendment No. 1 to the CFA to add City participation in an amount not to exceed $392,91 1 for the City's portion of costs associated with the Carroll Street Apartments Raw Waterline contemplated by the CFA; and WHEREAS, the City Council authorized execution of Amendment No. 1 to the CFA on the 1st day of April, 2014 via M&C C-26739. NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CFA: Cost Summary Table: A. Water and Sewer Construction 1. Water 2. Sewer Total Construction (see Cost Detail Table) Contingency 15% Total With Contingency Construction Fees: B. Inspection Fee (2%) C. Material Testing Fee (2%) Construction Fees Sub -Total Total 1. Developer Cost 328,520 $ 328,520 $ 328,520 6,570 6,570 13,140 $ 341,660 City Cost $ 328,521 328,521 49,278 377,799 $ 7,556 $ 7,556 $ 15,112 $ 392,911 Total Cost $ 657,041 $ 657,041 $ 49,278 $ 706,319 14,126 14,126 28.252 $ 734,571 The costs stated herein may be based upon construction estimates rather than actual cost. 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 based upon public bid. The City's cost participation shall be in an amount not to exceed $392,911 ("Participation"), but the reimbursement of the Participation (excluding inspection and material testing fees) is not a lump sum amount and n at -be ales hftittr. above depending upon actual quantities from the Notice of Final Completion pa AMENDMENT NO. 1 Carroll Street Apartments Raw Waterline Page 1 of 3 19FP6(erienMkt 'Oh - FT. MORT% 117,K RECEIVED APR 2 9 2014 EXECUTED on this th `�-- day of () AA_X , 2014, in Fort Worth, Tarrant County, Texas. ATTEST: Atilt) IIt,Y�at, City Secretary WATER DEPARTMENT rts X *aLi) eh'~ Wendy Chi- TA abulal, EMBA, P.E. Development Engineering Manager APPROVED AS TO FORM AND GALITY: Douglas Black Assistant City Attorney M&C No.: C—Z6ia 31 Date: N -- (- 114 CITY OF FORT WORTH: Fernando Costa, t Assistant City Manager APPROVAL RECOMMENDED: S. Frank Crumb, Director Water Department DEVELOPER ELAN WEST 7TH, L.P., a Delaware Limited Partnership By: Elan West 7th General Partner GP, L.L.C., a Delaware Limited Liability Company By: Laird Sparks Vice President AMENDMENT NO. 1 Carroll Street Apartments Raw Waterline Page 3 of 3 no fl©yz c RecoRn CITY liCalasARY My NI&C Review Page 1 of 2 CODE: SUBJECT: COUNCIL ACTION: Approved on 4/1/2014 DATE: 4/1/2014 C LOG NAME: PUBLIC HEARING: Authorize Amendment of a Community Facilities Agreement, City Secretary Contract No. 45101, with Elan West Seventh, L.P., and Authorize City Participation in an Amount Not to Exceed $392,911.00 for the Relocation of a Sixty -Inch Raw Water Main to Avoid Conflict with Carroll Street Apartments, a Development Located in Fort Worth (COUNCIL DISTRICT 9) Official site of the City of Fort Worth, Texas FORTWORTII REFERENCE NO.: TYPE: **C-26739 CONSENT 06CARROLLSTREETAPARTMENTS NO RECOMMENDATION: It is recommended that the City Council authorize the amendment of the Community Facilities Agreement with Elan West Seventh, L.P., for the City to participate in an amount not to exceed $392,911.00 for the relocation of a sixty -inch raw water main to avoid a conflict with Carroll Street Apartments, a development located in Fort Worth. DISCUSSION: Elan West Seventh L.P., the developer of Carroll Street Apartments has executed a series of Community Facilities Agreements (CFA) to serve a development located in Fort Worth (see attached map). The CFA which is the subject of this Mayor and Council Communication is for the relocation of a 60-inch raw water main serving the Holly Water Treatment Plant which'is in conflict with certain'' elements within the proposed development. • The total construction cost (including material costs) for the 60-inch raw water main relocation is $657,041.00. The City's participation is an amount not to exceed $392,911.00. The portion of the project with City participation has been competitively publicly bid. Developer Cost Citv Cost Total Cost A. Water and Sewer Construction 1. Water 2. Sewer Total Construction Contingency 15 percent Total With Contingency Construction Fees: B. Inspection Fee (Two percent) C. Material Testing Fee (Two percent) Construction Fees Sub -Total Total $328,520.00 $ $328,520.00 $ $328,520.00 $ 6,570.00 $ 6,570.00 $ 13,140.00 $341,660.00 $328,521.00 $ - $328,521.00 $ 49,278.00 $377,799.00 $ 7,556.00 $ 7,556 00 $ '15,112 00 $3'9'2`O1 ? 00 $657,041.00 $ $657,041.00 $ 49,278.00 $706,319.00 $ 14,126.00 $ 14,126.00 $ 28,252.00 $734,571.00 The City's participation reimbursement is based upon public bid prices for the construction cost. The City's participation shall be on a reimbursement basis (excluding inspection and material testing fees), not a lump sum amount, and may be less than stated above depending upon'actual quantities from the Notice of Final Completion package (Green sheet). This project is located in COUNCIL DISTRICT 9, Mapsco 62X. http://apps.cfwnet org/council packet/mc review.asp?ID=19454&councildate=4/1/2014 04/02/2014 ivt&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P265 53914:0 609150220583 $377.799.00 P265 531350 609150220585 $7.556.00 P265 531200 609150220584 $7,556.00 Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Carroll Street Raw Water CFA Exhibit.Ddf Fernando Costa (6122) Randle Harwood (6101) Frank Crumb (8207) Jana Knight (2025) Viesha Kaminska (8428) http://apps.cfwnet org/council_packet/mc_review.asp7TT)=19454&councildate=4/1/2014 04/02/2014 0 w 0' 0 0 0 0 0 0 0 0 T C C NAD 1983 StatePlane Texas_North_Central_FIPS_4202_Feet 1 inch equals 7000 feet For general purpose only. Contact City of Fort Worth Department of Engineering at 817-392-8426 to get plan information for design or construction purposes. 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