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HomeMy WebLinkAboutContract 53652-A1 Date Received: Feb 25,2021 Permit Number: CFA19-0150 Time Received: 11:22 am Contract No.:53652-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53652 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HT HWY 114 DEVELOPMENT LP This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53652 ("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 HT HWY 114 DEVELOPMENT LP ("Developer), a Texas limited partnership. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project know as Meadows Drive to Serve Tradition("CFA"); and WHEREAS, after execution of the CFA, Developer requested to increase the size of a 15-inch sanitary sewer main to an 18-inch sanitary sewer main, and 10-inch and 12-inch sanitary sewer mains to a 15-inch sanitary sewer main; and WHEREAS,City desires to oversize the proposed 18-inch sanitary sewer main to a 24- inch sanitary sewer main and the proposed 15-inch sanitary sewer main to a 24-inch sanitary sewer main; and WHEREAS,on June 16,2020,through M&C 20-0435,the City Council authorized the execution of an Amendment to the CFA in an amount not to exceed$492,204.00 for the City's participation in the CFA to oversize the sanitary sewer lines; and WHEREAS, the City and Developer desire to amend the CFA to add the City's participation in the project; and WHEREAS, City has agreed to pay Developer$6,000.00 for the City's Share for fifty linear feet of boring instead of fifty feet of open cut trenching in order to meet railroad permitting requirements; 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. 53652: 1. The fifth recital of the CFA which reads "WHEREAS, the City is not participating in the cost of the Improvements or Project; and" is deleted in its entirety. OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No.53652 FT. WORTH, TX Page 1 of 6 2. The CFA is amended to add the following recital: WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $492,204.00 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing or as an economic incentive as authorized by City Council through approval of M&C 20-0435 on June 16, 2020 ("City Participation"); and 3. Section 7, subsection (a) of the CFA is amended to add the following sentence: If the Improvements are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. 4. Section 8 of the CFA is amended to add subsection (h)which shall be and read as follows: (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 5. Section 34 of the CFA is amended in its entirety to be and read as set forth in Exhibit A of this First Amendment. 6. The CFA is amended to add Section 35 which shall be and read as follows: 35. City Participation; Fiscal Funding Limitation (a) 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. (b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No.53652 Page 2 of 6 kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. 7. Exhibit Al of the CFA is amended in its entirety to be and read as set forth in Exhibit Al of this First Amendment. 8. a. All other provisions of City Secretary Contract Number 53652 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 City Secretary Contract Number 53652. IN TESTIMONY WHEREOF, the City and Developer have executed this First Amendment to be effective on June 17, 2020. CITY OF FORT WORTH ATTEST: ZI F FORt°4k� ° p dd ° ° ti d ✓ !'1Gt �Gt�ALi�'af' R�� P. C,ozaC� ° o � Dana Burghdoff(F 24,2021 1 :01 CST) or Ronald P.Gonzales(Feb 4,2021 15:48 CST) �� °oo °o*� °000000° .o' Dana Burghdoff Mary J. Kayser ��� EXASbap Assistant City Manager City Secretary Date: Feb 24, 2021 M&C No. 20-0435 Date: 6/16/20 Recommended by: Form 1295:2020-621415 91uf� Evelyn Roberts/Jennifer Ezernack Contract Compliance Manager: Project Assistant By signing, I acknowledge that I am the Planning and Development person responsible for the monitoring and Approved as to Form &Legality: administration of this contract, including all performance and reporting requirements. Richard A.A.McCracken 24,202114:02 CST) Richard A. McCracken ame: Janie S. Morales 011e Scarlett Morales(Feb 24,202113:27 CST) Sr. Assistant City Attorney Title: Development Manager OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No.53652 FT. WORTH, TX Page 3 of 6 DEVELOPER HT HWY 114 DEVELOPMENT LP By: HT Hwy 114 Land LLC, its general partner By: HT Hwy 114 LP, its sole member By: Hines Hwy 114 LLC, its general partner By: Hines Hwy 114 Associates LP, its sole member By: Hines Investment Management Holdings Limited Partnership, its general partner By: HIMH GP LLC, its general partner By: Hines Real Estate Holdings Limited Partnership, its sole member By: JCH Investments, Inc., its general partner Robe&W. W to By: Robert W.Witte(Feb 23,202122:42 CST) Robert W. Witte Senior Managing Director Date: Feb 23, 2021 OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH, TX Amendment No. 1 to City Secretary Contract No.53652 Page 4 of 6 Exhibit A Items Developer's Cost* City's Cost Total Cost A Water and Sewer Construction 1. Water Construction $ 3,133,610.00 $ - $ 3,133,610.00 2.Sewer Construction $ 661,888.00 $ 416,169.25 $ 1,072,058.00 Water and Sewer Construction Total $ 3,795,498.00 $ 416,169.25 $ 4,205,668.00 B. TPW Construction 1.Street $ 3,264,236.50 $ - $ 3,264,236.50 2.Storm Drain $ 1,176,421.00 $ - $ 1,176,421.00 3.Street Lights Installed by Developer $ 337,362.00 $ - $ 337,362.00 4. Signals $ - $ - $ - TPW Construction Cost Total $ 4,778,019.50 $ - $ 4,778,019.50 Total Construction Cost(excluding the fees): $ 8,573,517.50 $ 416,169.25 $ 8,983,687.50 Estimated Construction Fees: C. Construction Inspection Service Fee $67,375.00 D. Administrative Material Testing Service Fee $33,369.00 E. Water Testing Lab Fee $1,740.00 Total Estimated Construction Fees: $ 102,484.00 $ - $ - TOTAL PROJECT COST $ - $ - Choice Financial Guarantee Options,choose one Amount Mark one Bond= 100% $ 8,573,517.50 x Completion Agreement= 100%/Holds Plat $ 8,573,517.50 Cash Escrow Water/Sanitary Sewer-- 125% $ 4,744,372.50 Cash Escrow Paving/Storm Drain= 125% $ 5,972,524.38 Letter of Credit= 125% $ 10,716,896.88 *This cost summary table only adds the City Participation in the project and does not include change orders that may have been executed that revised the Developer's Cost of the project. City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No.53652 Page 5 of 6 Exhibit Al 0 " ■ § §- e ` - 2 § © �// c 7 74\ � §$ � / � ] 2� � B % ® � ; � . !| § § LL | \ § Cp % Lijm 0 � 2 LLJ 0 g ) 5 L kLLJ LLJ -u&j N � < p 2 & z ) § J E <; � m m —J $ ® < < / City of Fort Worth,Texas Amendment No. !»City Secretary Contract No.53652 Page 606