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Home My WebLink AboutContract 56229-A1Date Received: Jan 9, 2024 Time Received: 7:55 a.m. City Secretary Contract Number: 56229-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56229 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND GPIF CD OFFICE LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56229 ("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 GPIF CD Office 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 Crescent Cultural District Office, City Project Number 103100, City Secretary Contract Number 56229 ("CFA"); and WHEREAS, City and Developer desire to amend the CFA to add intersection improvements; and WHEREAS, City and Developer desire to amend the CFA to reflect the City's participation in the cost of the intersection improvements as authorized by City Council through approval of M&C 23-0878 on October 17, 2023 ("City Participation"); and WHEREAS, the Developer desires a one-year extension of the deadline to complete construction of the Improvements as authorized by the CFA Ordinance; 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. 56229: and 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; 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 $97,288.84 to enlarge the scope of the Improvements beyond what Developer is responsible for City of Fort Worth, Texas OFFICIAL RECORD Amendment No. 1 to City Secretary Contract No. 56229 CITY SECRETARY Page 1 of 7 FT. WORTH, TX constructing ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in an amount not to exceed $93,736.34 for construction costs. The remaining City Participation in the amount of $3,552.50 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. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of the Developer's portion of the 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. 9 Section 36 of the CFA is amended in its entirety to be and read as set forth in Exhibit "A" of this First Amendment, which is attached hereto and incorporated herein by reference. 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 $93,736.34 for construction costs. The remaining City Participation in the amount of $3,552.50 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, City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 56229 Page 2 of 7 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: PROJECT REM INFORMATION CRY PARTICIPATION Spedfi,,ti CFA Unit Bid Comparabel Bidlist Dcscription on Section Unit of Bid Price Bid CPN C°ntractor's City Ddta Bid Value Item No. No M-urc Quantity OrdlnanLe 101369 Bid (Andre-) Participation 1 0241.1602 Remove Concrete Water Vault 02 4114 EA 1 1 1.368.48 i 4.350.00 I S 2.853.48 ; 2.353.48 S - $ 2,353.48 2 0241.1001 Water Line Grouting 024 114 CY 0753 130 T2 1 6.500.00 $ 474.T2 ; 353.04 $ - $ 353.04 3 0241.1218 4"-12" Water Abandonmcnt Plug 024114 EA 1 3 388 T3 1 3.025.00 S 1,888.T3 $ 1.388.73 S - $ 1,388.73 4 0241.1302 Rcmovc 6" Watcr Valvc 024114 EA 1 3 25526 1 $ 330.00 I S 2.755.26 r$ 330.00 S 1.765.26 $ 2.755.26 5 0241.1510 8a1vagc Firc Hydrant 024114 EA 1 3 43T.64 1 2.145.00 1 S 1.147.64 1 S 1.147.64 S - $ 1.147.64 6 3311.01616" PVC Watcr Pipe 331112 LF 11 3 57.64 1 264.00 1 S 142.64 r$ 1.563.04 S - $ 1,563.04 T 3312.0001 Fire Hydrant 331240 EA 1 3 3.581.10 i 8.800.00 I S 8,236.10 I S 8.236.10 S - $ 8.236.10 8 3312.0117 Connection to Exist 4"-12" Water Main 331225 EA 2 S 2.176.33 I ; 5,280.00 1 S 5,613.83 r 3 10.560.00 S 667.66 $ 11.227.66 3 3312.20031" Water Service 331210 EA 1 S 1.027.66 S 4.510.00 1 S 3.387.66 1 3 3.387.66 S - $ 3.387.66 1 10 3312.3002 6" Gate Valve 331220 EA 1 S 1.064.88 S 5.115.00 I S 4.256.88 13 4.256.88 S - $ 4.256.88 11 0241.0100 Remove Sidewalk 02 4114 SF 680 S 2.84 S 11.44 1 S 6.55 1 3 4.454.00 S - $ 4.454.00 12 0241.0300 Remove ADA Ramp 024113 EA 2 S 574.57 1 ; 1.250.00 1 S 1,234.57 r 3 2.500.00 S 83.14 $ 2.583.14 13 0241.1300 Remove Conc Curb & Gutter 024115 LF 58 S 6.40 S 24.00 1 S 21.40 I $ 1,262.60 S - $ 1.262.60 14 3212.0401 HMAC Transition 321216 TN 1 S 117.53 $ 400.00 1 S 1,T67 53 r$ 400.00 S 1.36753 $ 1.767.53 15 3213.0301 4" Canc Sidewalk 321320 SF 832 S 5.41 S 15.00 S 13.66 I $ 11.365.12 S - $ 11.365.12 16 3213.0502 Barrier Free Ramp, Type U-1 32 13 20 EA 1 S 2.433.00 $ 3.710.00 S 5.684.00 $ 3,T10.00 S 1,9T4 00 $ 5.684.00 17 3213.0503 Barrier Free Ramp, Type M-1 32 13 20 EA 2 S 1.404.45 S 3.010.00 S 3,21d d5 $ 6,020.00 S 40830 $ 6.428.30 18 3216.0101 6" Canc Curb and Gutter 321613 LF 33 i 36.63 $ 45.00 S 75.84 ; 1.755.00 S 1.206.66 $ 2.361.66 19 0241.1200 Remove Brick Pvmt 024115 SY 10 1 26.02 i 158.401 S 53.02 1 ; 530.20 S - $ 530.20 20 3214.0100 Brick Pvmt 321416 SY 10 i 105.38 i 643.501 S 285.88 1 ; 2.853.80 S - $ 2,853.80 21 3241.0200 Brick Pavement Repair 321416 SY 8 1 171.62 3 138.00 1 S 371.42 r3 1.584.00 S 1.387.36 $ 2.871.36 22 3441.1011 Ped Signal Head Assembly 344110 EA 5 1 183.75 i 750.00 1 S 430.75 ; 2.153.75 S - $ 2.153.75 23 3441.1031 Audible Pedestrian Pushbutton Station 344110 EA 4 $ 1.150.00 1 S 2.472.50 ; 4,600.00 S 5.230.00 $ 3.830.00 24 3441.1310 41C 14 AWG Multi -Conductor Cable 344110 LF 90 3 127 $ 1.50 1 S 3.38 S 135.00 S 163.20 $ 304.20 25 3441.1322 31C 14 AWG Multi -Conductor Cable 344110 LF 50 3 030 $ 1.35 1 $ 2.85 S 67.50 S 75.00 $ 142.50 26 3441.1403 NO 8lnsulatcd Elcc Candr 344110 LF 50 3 263 $ 1.50 1 S 4.00 S 75.00 $ 125.00 $ 200.00 27 3441.1604 Irr,Wl 5' Pedestrian Push Button Pale 344110 EA 1 $ 350 00 I S 875.00 S 350.00 S 525.00 $ 875.00 28 3217.0002 4" SLID Pvmt Marking HAS (Y) 321723 LF 76 1 1.81 $ 1.50 I S 3.42 S 114.00 S 145.32 $ 253.32 23 3217.0501 24" SLID Pvmt Marking HAE (W) 321723 LF 334 S 11.86 $ 12.50 1 S 28.47 3 4.175.00 S 5.333.38 $ 3,508.38 30 3217.2103 REFL Raised MarkerTY II -A -A 321723 EA 8 S 5.17 $ 6.64 I S 12.05 3 52.80 S 43.60 $ 36.40 i 31 3441.4103 Remove Sign Panel 34 41 40 EA 2 S 75.00 ; 35.00 1 S 110.00 3 70.00 S 150.00 $ 220.00 32 3471.0001 Traffic Control 34 T113 MO 2 S 3.768.26 1 $ 2,500.00 1 S 7.500.00 3 5,000.00 $ 10.000.00 $ 15.000.00 33 3333.0002 Work Order Mobilintion 017000 EA 1 5 440.40 310,000.00 _3 5,000.00 S 5.000.00 $ 10.000.00 34 3213.0301 4" Canc Sidewalk (Lot 8, Bilk 1) 13213 20 I SF 17551 $ - 3 - $ 1825 I $ - I $ 32.028.75 I $ 32.028.75 Bidlisk Spccificati Unit of, Bid CFA Unit Bid Comparabel Contractor': City Description Item No. on Section Measure Quantity Price Bid CPN Bid (Andres] Participation Delta Bic No- Ordinance 101369 35 9999.0003 Barrier Free Ramp, Type R-1(Special) 321320 EA 1 $ $ $ 8.970.00 $ _ $ 8.970.00 $ 36 3213.03XX Brick Paver Sidewalk [Lot 8, Bilk 1] 321320 SY 75 $ $ $ 216.64 $ _ - $ 16.248.00 $ 3441.4110 Remove and Reinstall Sign Panel I Past 37 (7th & Van Cliburn) 344130 EA 1 $ $ $ 1.250.00 $ $ 1.250.00 $ �'100% Developer Bid Items Total Construction Bid $93-736.34 *94-220.96 $18 Value 8.970.00 16.248.00 1.250.00 7 (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 City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 56229 Page 3 of 7 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. 3 The CFA is amended to add Exhibit C-2 to be and read as set forth in Attachment 1 of this First Amendment, which is attached hereto and incorporated herein by reference. 7. a. All other provisions of City Secretary Contract Number 56229 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 56229. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 56229 Page 4 of 7 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 DA4.v 8�� Dana Burghdoff (Jan 20242L:46 CST) Dana Burghdoff Assistant City Manager Date: J an 8, 2024 Recommended by: s'., Dwayne Hollars (Jan 8, 202410:47 CST) Dwayne Hollars Contract Compliance Specialist Development Coordination Approved as to Form & Legality: Richard A. McCracken (Jan 8, 202412:30 CST) Richard A. McCracken Sr. Assistant City Attorney M&C No. 23-0878 Date: 10/ 17/2023 Form 1295: N/A a444o�nq �p000 FgRr 0 ATTEST: p� Ov8 o=G d0o*°°oo *gd % ram daa� nexA* Jannette Goodall City Secretary City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 56229 Page 5 of 7 DEVELOPER GPIF CD Office LLC Alwl /l c';-" Y( Kevin Crum (Jan 8, 202410:42 CST) Kevin Crum Senior Vice President Date: Jan 8, 2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. -U,I^ Rebecca Diane Owen (Jan 8, 202411:58 CST) Name: Rebecca Owen Title: Planning Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A 36. Cost Summary Sheet Project Name: Crescent Cultural District Office CFA No.: CFA21-0032 City Project No.: 103100 1PRC No.: 20-0167 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Intersection TPW Construction Cost Total Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Material Testing Cost F. Water Testing Lab Fee Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Options, choose one Bond = 100% 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. 56229 Page 6 of 7 Developer's Cost City's Cost Total Cost $ 158,205.00 $ $ 158,205.00 $ 80,147.00 $ $ 80,147.00 $ 238,352.00 $ - $ 238,352.00 $ 214,931.43 $ $ 214,931.43 $ 24,250.00 $ $ 24,250.00 $ 315,360.49 $ $ 315,360.49 $ 94,220.96 $ 93,736.34 $ 187,957.30 $ 648,762.88 $ 93,736.34 $ 742,499.22 $ 887,114.88 $ 93,736.34 $ 980,851.22 $ 25,375.00 $ 3,125.00 $ 28,500.00 $ 2,082.50 $ 367.50 $ 2,450.00 $ TBD $ - $ - $ 720.00 $ 60.00 $ 780.00 $ 28,177.50 $ 3,552.50 $ 31,730.00 $ 915,292.38 $ 97,288.84 $ 1,012,581.22 Choice Amount (Mark one) $ 980,851.22 X $ 980,851.22 $ 1,226,064.03 $ 39,662.50 $ 1,226,064.03 b Y c? CD CD tea.° o �y O O o y C� CD C n t CD w z 0 rn N N INSTALL :1 APS PUSH INSTALL 2 APS,P� BUTTON AND 2 PED. YPROPOSED PUSH BUTTONS SIGNAL HEAD ASSEMBLY AND 2 PED. SIGNAL TO EXIS� POLE $ T HEAD ASSEMBL Y TO EXISTING SIGNAL STALL 1 PED. E�� POLE PUSH BUTTON EXISTING POLE AND 1 APS " / PUSH BUTT i� // e / � i / PROPOSED ll / EXISTING PROPOSED RAMPS AND SIDEWALK IMPROVEMENTS 1 po� IGN,gL/j-IEAD i MBL Y ON/ SIGNAL P. PROPOSED i EXHIBIT C-2 INTERSECTION IMPROVEMENTS DUNAWAY CRESCENT CULTURAL DISTRICT OFFICE/HOTEL CITY PROJECT #: 103100 ° L0c VAN CLIBURN WAY & CAMP BOWIE BOULEVARD �` Det�Nii� FORT WORTH, TX 76107 GRAPHIC SCALE IN FEET City of Fort Worth, Texas Mayor and Council Communication DATE: 10/17/23 M&C FILE NUMBER: M&C 23-0878 LOG NAME: 2023 TRAFFIC SIGNALS SUBJECT (CD 7) Adopt Appropriation Ordinances for Project Management, Inspection and Construction Costs for the CFA- Crescent Cultural District Camp Bowie Boulevard Project and Amend the Fiscal Years 2024-2028 Capital Improvement Program (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance adjusting appropriations in the 2018 Bond Program Fund by increasing appropriations in the amount of $97,300.00 for the CFA-Crescent Cultural District Office project (City Project No. 103100) and decreasing appropriations in the 2014 Traffic Signals Year 4 project (City Project No. 101369) by the same amount; 2. Adopt the attached appropriation ordinance adjusting appropriations in the Govt Community Facilities Agmt Fund in the amount of $95,000.00 by increasing estimated receipts and appropriations in the CFA-Crescent Cultural District Office project (City Project No. 103100) and decreasing receipts and appropriations in the CFA Bucket project (City Project No. P00001) by the same amount; 3. Adopt the attached appropriation ordinance adjusting appropriations in the CFA Developer Fund in the amount of $42,965.00 by increasing estimated receipts and appropriations in the CFA-Crescent Cultural District Office project (City Project No. 103100) and decreasing receipts and appropriations in the CFA Bucket project (City Project No. P00001) by the same amount; and 4. Amend the Fiscal Years 2024-2028 Capital Improvement Project. DISCUSSION: The 2014 Bond Signal project consisted of three intersections across the City for traffic signal improvements. One of the locations was traffic signal improvements at the Camp Bowie Blvd. at Van Cliburn Way intersection. The City started construction at this intersection in March 2022. Two developer projects handled by Crescent also started construction at the same time on the Northeast and Northwest corners of the intersection. The construction of these projects restricted access to make improvements included as part of the traffic signal project. The improvements include sidewalk, Americans with Disabilities Act (ADA) ramps, driveways, storm drain improvements and connections to Accessible Pedestrian Signal (APS). It also includes the installation of a crosswalk on the east side of intersection. Transportation Public Works had to close the construction contract for the traffic signal project since the construction completion timing for the developer project was two years after the completion of traffic signal project. The City decided to do a CFA amendment with the developer project to include the remaining improvements as a part of their project. The City will be paying for all the improvements. This Mayor and Council Communication is to transfer the funding needed to construct these improvements and for inspections and material testing from the 2014 Bond Traffic Signal Year 4 project (City Project No. 101369) to the CFA-Crescent Cultural District Office project (City Project No. 103100). The total funding to be transferred between the projects is $97,300.00. The table below shows the available residual funding in 2014 Bond Traffic Signal Year 4 (City Project No. 101369) project: Fund Funding Allocated Funding Spent Funding Remaining 34014- 2014 Bond $451,654.89 $451,654.89 $0.00 Funds 34018- 2018 Bond $1,480,000.00 $1,305,660.02 $174,339.98 Funds Total $1,931,694.89 $1,757,314.91 $174,339.98 The table below summarizes the total funding for the CFA-Crescent Cultural District Office project (City Project No. 103100): Fund Existing Funding Additional Funding Project Total 30111 - Govt Community Facilities Agmt $95,000.00 $0.00 $95,000.00 1 �30114 - CFA Developer $42,965.00 $ 0.00 $42,965.00 �34018 - 2018 Bond Program $0.00 $97,300.00 $97,300.00 Project Total $137,965.00 $97,300.00 $235,265.00 Funding for this project was not included in the Fiscal Years 2024-2028 Capital Improvement Program (CIP) because the project and funding sources were unknown at the time of its development. This action in this M&C will amend the Fiscal Years 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by the Mayor and Council. Approval of a recommendation 2 & 3 would adjust appropriations between a programmable project and convert the CFA-Cresccent Cultural District project (City Project No. 103100) into a static capital project. This action is needed as future funding for CFA-Cresccent Cultural District project (City Project No. 103100) is anticipated from other sources and the scope of this project differs from that of current programmable project. This project is located in COUNCIL DISTRICT 7. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the 2014 Bond Traffic Signal Year 4 project within the 2018 Bond Program Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the 2018 Bond Program Fund for the CFA-Crescent Cultural District project. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Expedited Monty Hall 8662