HomeMy WebLinkAboutContract 55528-A1 Date Received: J u n 17, 2022 City Secretary
Time Received: 9:33 am Contract Number: 55528-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55528
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND STARLIGHT HOMES TEXAS,LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
55528 ("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 Starlight Homes Texas,
LLC ("Developer"), a Texas limited liability company.
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a Project generally described as
Ranch at Duck Creek Phase I, City Project Number 103026, City Secretary Contract Number
55528 ("CFA"); and
WHEREAS, pursuant to City's request Developer agreed to oversize a 12-inch water
main adjacent to WJ Boaz Road to a 16-inch water main; and
WHEREAS, City and Developer desire to amend the CFA to reflect the City's
participation for oversizing 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. 55528:
1.
The CFA is amended to delete the following recital in its entirety:
WHEREAS,the City is not participating in the cost of the Improvements or Project;
and
2.
The CFA is amended to add the following recitals:
WHEREAS,the City's participation in this Agreement shall be in an amount not to exceed
$62,037.15 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing by oversizing a 12-inch water main located along WJ Boaz Road to a 16-inch water
main ("City Participation"); and
WHEREAS,the City Participation includes reimbursement to Developer in an amount not
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No. 55528
Page 1 of 6 FT. WORTH, TX
to exceed $56,109.95 for construction costs and $1,122.20 for material testing costs. The
remaining City Participation in the amount of $4,805.00 will cover the City's portion of
construction inspection service fees,administrative material testing fees,and water lab testing fees,
which will not be paid to Developer; and
3.
Section 14 of the CFA is amended in its entirety to be and read as follows:
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the Developer's
portion of the estimated cost of administrative material testing service fees,construction inspection
service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of
this Agreement for the Improvements being inspected by the City. Upon completion of the
construction of the Improvements,the City will reconcile the actual cost of administrative material
testing service fees, construction inspection service fees, and water testing lab fees with the
estimated fees paid by Developer. If the actual costs of the Developer's portion of the fees are
more than the estimated payments made by the Developer, the Developer must pay the difference
to the City before the Improvements will be accepted by the City. If the actual costs of the
Developer's portion of the fees are less than the estimated payments made by the Developer, the
City will refund the difference to the Developer. If the difference between the actual costs of the
Developer's portion and the estimated payments made by the Developer is less than fifty dollars
($50.00),the City will not issue a refund and the Developer will not be responsible for paying the
difference. The financial guarantee will not be released by the City or returned to the Developer
until reconciliation has been completed by the City and any fees owed to the City have been paid
by the Developer.
4.
Section 34 of the CFA is amended in its entirety to be and read as set forth in Exhibit"A"
of this First Amendment.
5.
The CFA is amended to add sections 35, 36 and 37 which shall be and read as follows:
35.
Prohibition on Boycotting Energy Companies
Developer acknowledges that in accordance with Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering
into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly
or partly from public funds of the City with a company with 10 or more full-time employees unless
the contract contains a written verification from the company that it: (1) does not boycott energy
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No. 55528
Page 2 of 6
companies; and (2)will not boycott energy companies during the term of the contract. The terms
"boycott energy company" and"company"have the meanings ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement,Developer certifies that Developer's signature provides written verification to the City
that Developer: (1)does not boycott energy companies; and(2)will not boycott energy companies
during the term of this Agreement.
36.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of$100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. The terms "discriminate against a firearm entity or
firearm trade association," "firearm entity" and "firearm trade association" have the meaning
ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021,
87th Leg.,R.S.,S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable
to this Agreement, by signing this Agreement, Developer certifies that Developer's signature
provides written verification to the City that Developer: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and
(2) will not discriminate against a firearm entity or firearm trade association during the term of
this Agreement.
37.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for the City Participation in an amount not to exceed
$56,109.95 for construction costs and$1,122.20 for material testing costs. The remaining
City Participation in the amount of$4,805.00 shall not be paid to Developer by the City,
but will be used by the City to pay the City's share of construction inspection service fees,
administrative material testing fees, and water lab testing fees. The City Participation will
be paid to Developer 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. Developer must register as a vendor of the City in
order for the City Participation to be paid to Developer. The City Participation was
calculated as follows:
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No. 55528
Page 3 of 6
IPRC21-0139 CPN 103026 Unit of Contractor CFW Unit Total City
Qtc tinit Price Calcuation Cost
Rauch at Duck Creek Phase 1 .Measure Unit Price Price
Participation
12"Water Line LF 1178.00 $ 58.64 $ 46.27 $74.56-$46.27=$28.29 533,325.62
16"Water Line $ 74.56 $ 76.45
12"Gate Valve $ 2,500.00 $ 2,390.16
16"Gate Valve EA 1.00 $ 12,006.00 $ 14,029.23 $12,006.23-$2,390.16=$9,615.84 $9,615.84
12"❑uctile Iron Fittings w restraint 1.80
16"OuctileIronFittingswrestraint TONS 2.00 $ 22,506.00 $ 5,562.47 2.00 Tons-1.80 Tons=0.2Tons $1,112.49
2"Combination Air Release Valve'1OC%City EA 2.00 $ 6,029.00 $ 7,583.56 -10M6 City $12,056.00
City Participation-Construction Cast $&5,109.95
(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 kind whatsoever, except to the
portions of annual payments herein agreed upon for which funds shall have been
appropriated.
(c) Substantial completion of the Improvements shall occur after Developer's Contractor
notifies the City that the Improvements are constructed and ready for their intended use,
the City and Developer's Contractor inspect the Improvements, and the City concurs that
the Improvements are substantially complete. This Agreement does not provide for any
retainage to be withheld from the City Participation.
6.
a. All other provisions of City Secretary Contract Number 55528 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 55528.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No. 55528
Page 4 of 6
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
nmw,L4Z4 Starlight Homes Texas, LLC
Dana Burg hdoff(Jen 14,20 16:10 CDT)
Dana Burghdoff
bnoik—
Assistant City Manager Daniel Satsky Jun 14,202214:11 CDT)
Name: Daniel Satsky
Jun 14, 2022 Title: VP of Land Acquisition and
Date: Development
Recommended by: Date: Jun 14, 2022
T'uy 13 -w
Tiffany Bacon
Project Assistant
Development Services
Approved as to Form & Legality:
/K-2x-,
Richard A.McCracken(Jun 14,202216:04 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Contract Compliance Manager:
Date: Jun 14, 2022 By signing, I acknowledge that I am the
person responsible for the monitoring and
Form 1295: N/A administration of this contract, including all
performance and reporting requirements.
ATTEST:
J ette S.Goodall(Jun 16,2022 14 CDT) Name: Janie Scarlett Morales
Jannette Goodall oaq�FORTn Title: Development Manager
City Secretary a pF000°°.0..ky �
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OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT. WORTH, TX
Amendment No. 1 to City Secretary Contract No. 55528
Page 5 of 6
EXHIBIT A
34.
Cost Summary Sheet
Project Name: Ranch at Duck Creek Phase 1
CFA No.: CFA20-0139 City Project No.: 103026 IPRC20-0139
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
r
1. Water Construction $ 475,062.28 $ 56,109.95 $ 531,172.23
r
2. Sewer Construction $ 476,902.10 $ $ 476,902.10
Water and Sewer Construction Total $ 951,964.38 $ 56,109.95 $ 1,008,074.33
B. TPW Construction
1. Street $ - $ - $
r
2. Storm Drain $ 1,179,639.99 $ $ 1,179,639.99
3. Street Lights Installed by Developer $ $ $
4. Signals $ $ $
TPW Construction Cost Total $ 1,179,639.99 $ $ 1,179,639.99
Total Construction Cost(excluding the fees): $ 2,131,604.37 $ 56,109.95 $ 2,187,714.32
Estimated Construction Fees:
r
C. Construction Inspection Service Fee $51,450.00 $3,675.00 $55,125.00
r
D. Administrative Material Testing Service Fee $21,070.00 $980.00 $22,050.00
r
E. Material Testing Cost $0.00 $1,122.20 $1,122.20
r
E. Water Testing Lab Fee $540.00 $150.00 $690.00
Total Estimated Construction Fees: $ 73,060.00 $ 5,927.20 $ 78,987.20
TOTAL P ROJ ECT COST $ 2,204,664.37 $ 62,037.15 $ 2,266,701.52
Financial Guarantee Options,choose one Amount Choice (Mark One)
Bond = 100% $ 2,131,604.37 X
Completion Agreement= 100%/Holds Plat $ 2,131,604.37
Cash Escrow Water/Sanitary Sewer= 125% $ 1,189,955.48
Cash Escrow Paving/Storm Drain= 125% $ 1,474,549.99
Letter of Credit= 125% $ 2,664,505.46
City of Fort WortN Texas
Amendment No. 1 to City Secretary Contract No. 55528
Page 6 of 6