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Home My WebLink AboutContract 58394-A1 Date Received: Dec 8,2022 City Secretary Time Received: 1:50 p.m. Contract Number: 58394-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58394 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND STARLIGHT HOMES TEXAS,LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58394 ("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 2, City Project Number 103754, City Secretary Contract Number 58394 ("CFA"); and WHEREAS, pursuant to City's request Developer agreed to oversize a 12-inch water main 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. 58394: 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 $34,809.98 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing a 12-inch water main to a 16-inch water main ("City Participation"); and WHEREAS,the City Participation includes reimbursement to Developer in an amount not City of Fort Worth,Texas OFFICIAL RECORD Amendment No. 1 to City Secretary Contract No.58394 CITY SECRETARY Page 1 of 5 FT.WORTH,TX to exceed$30,169.59 for construction costs and$603.39 for material testing costs. The remaining City Participation in the amount of $4,037.00 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 36 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 section 39 which shall be and read as follows: 39. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer for the City Participation in amounts not to exceed $30,169.59 for construction costs and $603.39 for material testing costs. The remaining City Participation in the amount of$4,037.00 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 City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 58394 Page 2 of 5 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: IPRC 21-0126 Total C itv Unit of Contractor CFl4"Unit CP\ 1Q3?�4 Rauch at Qt}- Unit Price Calcuatioll Cost Measure Uuit Price P1ice Duck Creek Please ? P'articipation 12"Water Line $ 58.64 $ 46,27 < < 52 _F 6t4.00 57��45-r46.27=530.18 ,18,530- 16"Water_ine S 156.00 $ 76,45 12"<;ate vo, $ 2,500.00 $ 2,39D,16 EA 1.00 $14,029.23-$2,390.16=S9,615.'a'4 $11,639.07 16":3ate Valve S 22,500.00 $ 14,029.23 City Participation-Construction Cott $30,169.59 (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 58394 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 58394. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 58394 Page 3 of 5 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 Starlight Homes Texas, LLC Dana Burghdoff(Dec 6,202 :03 CST) Dana Burghdoff Daniel Sats4 (Dec 5,202216:46 EST) Assistant City Manager Name: Daniel Satsky Title: VP of Land Acquisition and Development Date: Dec 6,2022 Recommended by: Date: Dec 5,2022 odw"-e Dwayne Hollars(Dec 5,202215:59 CST) Dwayne Hollars Contract Compliance Specialist Development Coordination Approved as to Form &Legality: Richard A.McCracken(Dec 6,202213:03 CST) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Contract Compliance Manager: Date: By signing, I acknowledge that I am the Form 1295: N/A person responsible for the monitoring and administration of this contract, including all FORT��poF00000 mad performance and reporting requirements. �o °000 oxA �aruzsffe-S °o, *� Rebecca Diane Owen a�IlpIl EX A5o44 Rebecca Diane Owen(Dec 6,2022 07:46 CST) JannetteS.Goodall(Dec7,202209:12CST) nu o Jannette Goodall Name: Rebecca Owen City Secretary Title: Planning Manager OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT.WORTH,TX Amendment No. 1 to City Secretary Contract No.58394 Page 4 of 5 EXHIBIT A 36. Cost Summary Sheet Project Name: Ranch at Duck Creek Phase 2 CFA No.: CFA22-0109 City Project No.: 103754 IPRC No.: 21-0126 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ 797,916.41 $ 30,169.59 $ 828,086.00 2.Sewer Construction $ 806,775.00 $ - $ 806,775.00 Water and Sewer Construction Total $ 1,604,691.41 $ 30,169.59 $ 1,634,861.00 B. TPW Construction 1.Street $ 1,495,556.00 $ - $ 1,495,556.00 2.Storm Drain $ 1,539,433.00 $ - $ 1,539,433.00 3.Street Lights Installed by Developer $ 237,837.60 $ - $ 237,837.60 4. Signals $ - $ - $ - TPW Construction Cost Total $ 3,272,826.60 $ - $ 3,272,826.60 Total Construction Cost(excluding the fees): $ 4,877,518.01 $ 30,169.59 $ 4,907,687.60 Estimated Construction Fees: C. Construction Inspection Service Fee $ 71,750.00 $ 3,250.00 $ 75,000.00 D. Administrative Material Testing Service Fee $ 18,473.00 $ 637.00 $ 19,110.00 E. Material Testing Cost $ - $ 603.39 $ 603.39 F. Water Testing Lab Fee $ 1,140.00 $ 150.00 $ 1,290.00 Total Estimated Construction Fees: $ 91,363.00 $ 4,640.39 $ 96,003.39 TOTAL PROJECT COST $ 4,968,881.01 $ 34,809.98 $ 5,003,690.99 Choice Financial Guarantee Opffons,choose one Amount Mark one Bond=100% $ 4,907,687.60 X Completion Agreement= 100%/Holds Plat Cash Escrow Water/Sanitary Sewer=125% Cash Escrow Paving/Storm Drain=125% Letter of Credit=125% City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 58394 Page 5 of 5