HomeMy WebLinkAboutContract 61302-A1City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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Date Received: _______________ City Secretary
Contract No.: _______________
Time Received: _______________
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 61302
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND JOURNEY HOME HOUSING, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 61302
(“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 Journey Home Housing, 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 Water and Sewer
Improvements to Serve Presbyterian Night Shelter, City Project Number 105472 (“CFA”); and
WHEREAS, prior to proceeding to construction pursuant to the CFA, Developer has
redesigned the water and sanitary sewer connections to connect to the improvements being
constructed by TX Crowley 2023, Ltd. in the Heights of Crowley project, City Project Number
105437; and
WHEREAS, the City and Developer desire to amend the CFA to incorporate the
Concurrent CFA Provisions and to reflect the revised Cost Estimates, the revised Cost Summary
Table, and the revised Improvements Exhibits due to the design change;
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. 61302:
1.
Section 38 of the CFA is amended in its entirety to be and read as set forth in Attachment
1 of this First Amendment, which is attached hereto and incorporated herein by reference.
2.
The Cost Estimates in the CFA are amended in their entirety to be read as set forth in
Attachment 2 of this First Amendment, which is attached hereto and incorporated herein by
reference.
3.
The CFA is amended to add Attachment 3 – Concurrent CFA Provisions, which are
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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attached hereto as Attachment 3 and incorporated herein by reference.
4.
Exhibit A 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.
Exhibit A-1 of the CFA is amended in its entirety to be and read as set forth in Exhibit A-
1 of this First Amendment, which is attached hereto and incorporated herein by reference.
6.
a. All other provisions of City Secretary Contract No. 61302 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 No. 61302.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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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
Dana Burghdoff
Assistant City Manager
Date: _________________
Recommended by:
Bichson Nguyen
Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Form 1295: N/A
ATTEST:
Jannette S. Goodall
City Secretary
DEVELOPER
Journey Home Housing, LLC
a Texas limited liability company
By: The Presbyterian Night Shelter of
Tarrant County, Inc.
a Texas non-profit corporation,
its sole member
______________________
Toby Owen
Manager
Date: __________________
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Rebecca Owen
Development Manager
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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ATTACHMENT 1
38.
Cost Summary Sheet
Project Name: Water and Sewer Improvements to Serve Presbyterian Night Shelter
CFA No.: 24-0033 City Project No.: 104572 IPRC No..: 24-0049
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction 262,607.50$
2. Sewer Construction 169,840.00$
Water and Sewer Construction Total 432,447.50$
B. TPW Construction
1. Street -$
2. Storm Drain -$
3. Street Lights Installed by Developer -$
4. Signals -$
TPW Construction Cost Total -$
Total Construction Cost (excluding the fees):432,447.50$
Estimated Construction Fees:
C. Construction Inspection Service Fee waived
D. Administrative Material Testing Service Fee waived
E. Water Testing Lab Fee waived
Total Estimated Construction Fees:-$
Financial Guarantee Options, choose one Amount
Escrow Agreement executed by Developer in connection with
City Secretary Contract No. 60566 432,447.50$
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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ATTACHMENT 2
Cost Estimates
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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ATTACHMENT 3
Concurrent CFA Provisions
City Project No. 56
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements being constructed by TX Crowley 2023, Ltd under a separate
Community Facilities Agreement, City Secretary Contract No. 61778 (Hereinafter the “Separate
CFA”). Developer has requested and the City has agreed to allow Developer to begin the
construction of the improvements contained in this Agreement before the improvements being
constructed under City Secretary Contract No. 61778 are completed and accepted by the City.
Therefore, this Agreement shall be considered a “Concurrent CFA” and the provision contained
in this Attachment shall apply to this Agreement.
The improvements being constructed under the Separate CFA shall be defined as the
“Primary Project.” The improvements being constructed by Developer under this Agreement shall
be defined as the “Secondary Project.”
Developer acknowledges and agrees that due to Developer’s election to construct a
Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems
(hereinafter “Construction Problems”). Construction Problems may include, but are not limited
to: failure of the improvements to comply with the approved plans or City Specifications; failure
of the improvements in the Primary Project and the Secondary Project to properly connect to each
other; changes to the design or construction of the improvements in the Primary Project that impact
the design and construction of the improvements in the Secondary Project; construction delays,
delay claims, or claims for liquidated damages; increased costs for the Developer or the developer
of the Primary Project; failure of the improvements to pass inspection or material testing; or
rejection by the City of some or all of the improvements and Developer or the developer of the
Primary Project having to remove and reconstruct the improvements at the expense of Developer,
developer of the Primary Project, or both. In addition, Developer understands and agrees that
disputes may arise between the contractors or subcontractors for the Primary Project and the
contractors or subcontractors for the Secondary Project relating to responsibility for the
Construction Problems. Developer shall be solely responsible for resolving disputes between
contractors, disputes between contractors and subcontractors and disputes between Developer and
the developer of the Primary Project.
Developer acknowledges and certifies that Developer has entered into a written agreement
with the developer of the Primary Project and said agreement: (1) provides Developer with any
access needed through property owned by the developer of the Primary Project; (2) that Developer
and the developer of the Primary Project shall resolve all disputes regarding the design and
construction of the Primary Project and the Secondary Project; and (3) the developer of the Primary
Project will notify Developer of any all changes to the design or construction of the improvements
in the Primary Project, including any field changes.
Developer further acknowledges and agrees that Developer has notified all of Developer’s
contractors for the Project that Developer has elected to construct a Concurrent CFA, the
provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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not bear any responsibility for construction of the improvements or Developer’s decision to
proceed with a Concurrent CFA.
Developer shall not make the final connection of the improvements in the Secondary
Project to the improvements in the Primary Project until the improvements in the Primary Project
have been constructed and accepted by the City and the City has consented to Developer making
the connection.
Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more single family residential homes or structures, the City
will not record the plat related to the Project until the improvements are constructed and accepted
by the City. Developer agrees that if this Agreement is for improvements relating to the
construction, renovation or modification of one or more commercial buildings or structures, the
Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to
the Project until the improvements in this Agreement are constructed and accepted by the City.
Developer further understands and agrees that completion of the improvements under this
Agreement does not entitle Developer to obtain a final plat of the property until all other
requirements of Federal law, State law, or the City Code relating to the filing and recording of a
final plat have been met by Developer.
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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By signing below, Developer certifies that all statements contained in this Attachment “3”
Concurrent CFA Provision are true and correct.
DEVELOPER
Journey Home Housing, LLC
a Texas limited liability company
By: The Presbyterian Night Shelter of Tarrant County, Inc.
a Texas non-profit corporation,
its sole member
______________________
Toby Owen
Manager
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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EXHIBIT A
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61302
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EXHIBIT A-1