HomeMy WebLinkAboutContract 60503-A1Date Received: May 1, 2024
Time Received: 11:24 a.m.
City Secretary
Contract Number: 60503-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60503
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND JEFFERSON EDERVILLE ROAD, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
60503 ("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 Jefferson Ederville
Road, 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 known as JPI Eastchase,
City Secretary Contract Number 60503 ("CFA"); and
WHEREAS, the construction plans submitted to the City for the Project failed to
identify that a concrete channel will be constructed over an existing 24-inch public sanitary
sewer main made of vitrified clay pipe; and
WHEREAS, the City desires to protect the existing public sanitary sewer main from
the potential adverse impact caused by the installation of the concrete channel by incorporating
details of the crossing locations in the construction plans and requiring CCTV of the pre-
existing conditions and post -construction conditions at the locations of the crossings to ensure
that the public sanitary main is not impacted by the concrete channel; and
WHEREAS, the Developer will be required to submit revised construction plans to the
City to show the concrete channel being constructed over the existing 24-inch sanitary sewer
main with adequate cover to meet the requirements provided by the City to the Developer; and
WHEREAS, an amendment to the CFA is necessary to reflect the increased scope of
work; and
WHEREAS, Developer has executed a change order to the project to reflect the
increased cost and scope of work;
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. 60503 as follows:
1.
Section 39 of the CFA is amended in its entirety to be and read as set forth in Attachment
1 of this First Amendment.
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 60503
Page 1 of 4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2.
The CFA is amended to add section 40 to be and read as follows:
40.
Concrete Channel Over Existing 24-Inch Sanitary Sewer Main
The construction plans submitted to the City for the Project failed to identify a concrete
channel being constructed over an existing 24-inch public sanitary sewer main made of vitrified
clay pipe. Developer, at Developer's sole cost and expense, shall protect the existing public
sanitary main from the potential adverse impact caused by the installation of the concrete
channel by incorporating details of the concrete channel in the construction plans and
performing closed circuit television ("CCTV") inspection of the pre-existing conditions and
post -construction conditions of all segments of the 24-inch sanitary sewer main that are located
under the concrete channel to ensure that the public sanitary main is not impacted by the
concrete channel. Developer will submit revised construction plans to the City to show the
existing 24-inch public sanitary sewer main and the concrete channel with adequate cover to
meet the requirements provided by the City to the Developer. Developer has executed a change
order to the project to reflect the increased cost and scope.
If the existing public sanitary sewer main is damaged as a result of the construction of
the concrete channel, or damaged by any other construction by Developer's contractors,
including damage discovered as a result of the post -construction CCTV, Developer shall repair
the damage to the public sanitary sewer main at Developer's sole cost and expense before the
City will accept the Improvements being constructed pursuant to this Agreement. Additionally,
Developer shall be responsible for any costs incurred by the City if an emergency response is
required for bypass pumping or cleaning as a result of Developer's contractors working around
the 24-inch public sanitary sewer main made of vitrified clay pipe.
3.
a. All other provisions of City Secretary Contract Number 60503 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 60503.
[REMINADER OF THIS PAGE TO REMAIN BLANK]
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 60503
Page 2 of 4
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
Vass 2 dire-6. , oc
Dana Burghdoff (May ,2024 DT)
Dana Burghdoff
Assistant City Manager
Date: May 1, 2024
Recommended by. -
Dwayne Hollars (Apr 29, 202414:54 CDT)
Dwayne Hollars
Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Richard McCracken (Apr 30, 202421:57 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Date:
Form 1295: N/A
ATTEST:
Jannette S. Goodall
City Secretary
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DEVELOPER
Jefferson Ederville Road, LLC
BlaKe Taylor
Blake Taylor (Apr 29, 202414:44 CDT)
Blake Taylor
Senior Vice President
Date: Apr 29, 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.
Rebecca Owen (Apr 30, 2024 08:05 CDT)
Name: Rebecca Owen
Title: Development Manager
OFFICIAL RECORD
City of Fort Worth, Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No. 60503 FT. WORTH, Tx
Page 3 of 4
ATTACHMENT 1
39.
Cost Summary Sheet
Project Name: JPI Eastchase
CFA No. 23-0106 IPRC No. 23-0058 City Project No.: 104872
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction
$
475,475.00
$
99,612.00
$ 575,087.00
2. Sewer Construction
$
36,238.03
$
-
$ 36,238.03
Water and Sewer Construction Total
$
511,713.03
$
99,612.00
$ 611,325.03
B. TPW Construction
1. Street
$
13,420.48
$
-
$ 13,420.48
2. Storm Drain
$
43,866.00
$
$ 43,866.00
3. Street Lights Installed by Developer
$
108,041.25
$
$ 108,041.25
4. Signals
$
-
$
$ -
TPW Construction Cost Total
$
165,327.73
$
$ 165,327.73
*Total Construction Cost (excluding the fees):
$
677,040.76
$
99,612.00
$ 776,652.76
Estimated Construction Fees:
C. Construction Inspection Service Fee
$
37,500.00
$ 37,500.00
D. Administrative Material Testing Service Fee
$
980.00
$ 980.00
E. Water Testing Lab Fee
$
150.00
$ 150.00
F. Material Testing Cost
$
-
$ -
Total Estimated Construction Fees:
$
38,630.00
$
-
$ 38,630.00
TOTAL PROJECT COST
$
715,670.76
$
99,612.00
$ 815,282.76
Choice
Financial Guarantee Options, choose one Amount (Mark one)
Bond = 100% $ 776,652.76 I X
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain = 125%
Letter of Credit = 125%
*The total construction costs reflect the additional costs included in Change Order No. 1.
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 60503
Page 4 of 4