HomeMy WebLinkAboutContract 61144-A1Date Received: 11/07/2024
Time Received: 11: 25 a.m.
City Secretary
Contract Number: 61144-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 61144
AN INTERLOCAL AGREEMENT FOR
THE CONSTRUCTION OF COMMUNITY FACILITIES
BETWEEN THE CITY OF FORT WORTH AND TARRANT COUNTY HOSPITAL
DISTRICT DBA JPS HEALTH NETWORK
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
61144 ("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 Tarrant County
Hospital District dba JPS Health Network ("Developer").
WHEREAS, the City and Developer entered into an Interlocal Agreement for the
Construction of Community Facilities for the construction of public infrastructure
improvements for a Project generally described as JPS Parking Garage, City Project Number
105038, City Secretary Contract Number 61144 ("ILA"); and
WHEREAS, the Project includes the relocation of an existing storm drain pipe that the
City determined needs to be replaced; and
WHEREAS, the City Council through approval of M&C 24-0482 on June 11, 2024 has
approved the City's participation in the ILA in the amount $200,000.00 for the relocation of the
storm drain pipe; and
WHEREAS, City and Developer desire to amend the CFA to reflect the City's
participation for relocating the storm drain pipe;
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. 61144:
and
1.
The ILA 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 ILA is amended to add the following recitals:
OFFICIAL RECORD
City of Fort Worth, Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No. 61144 FT. WORTH, Tx
Page 1 of 4
W REAS, the City's participation in this Agreement shall be in an amount not to exceed
$200,000.00 for the City's portion of the cost of relocating the storm drain pipe; and
WHEREAS, the City Participation includes reimbursement to Developer in an amount not
to exceed $200,000.00 for construction costs; and
3.
Section 37 of the ILA is amended in its entirety to be and read as set forth in Exhibit "A"
of this First Amendment.
F
The ILA is amended to add sections 38 which shall be and read as follows:
38.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for the City Participation in an amount not to exceed
$200,000.00 for construction costs for relocating the storm drain pipe. The City
Participation will be paid to Developer after construction of the relocated storm drain pipe
is complete and has passed all inspections by the City and the Developer delivers an invoice
to the City. Developer must register as a vendor of the City in order for the City
Participation to be paid to Developer.
(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.
5.
a. All other provisions of City Secretary Contract Number 61144 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 61144.
[SIGNATURES ON FOLLOW NG PAGE]
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 61144
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
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Dana Burghdoff (No 2024 A:13 CST)
Dana Burghdoff
Assistant City Manager
Date: Nov 7, 2024
Recommended by:
M-
Bichson Nguyen
Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
Richard McCracken (Nov 6, 202420:52 CST)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 24-0482
Date: 6/ 11 /24
Form 1295: N/A 4o4vvaIlIl�
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ATTEST:
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Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 61144
Page 3 of 4
DEVELOPER
Tarrant County Hospital District dba
JPS Health Network
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Jill Farrell (Nov 6, 202415:07 CST)
Jill Farrell
Sr. Executive Vice President
Chief Operating Officer
Date: Nov 6, 2024
ATTEST:
Eureka Harris (Oct 23, 2024 22:14 CDT)
Eureka Harris
Sr. Contracts Administrator
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 (Nov 6, 202416:31 CST)
Rebecca Diane Owen
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
37.
Cost Summary Sheet
Project Name: Water, Sanitary Sewer and Drainage Improvements for JPS Parking Garage
CFA No.: CFA23-0175
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
City Project No.: 105038 IPRC No.: 23-0117
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)
Estimated Construction Fees:
C. Construction Inspection Service Fee
D. Administrative Material Testing Service Fee
E. Water Testing Lab Fee
Total Estimated Construction Fees:
TOTAL PROJECT COST
Financial Guarantee Options, choose one
Bond = 100%
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Pavinq/Storm Drain = 125%
Statement of Appropriated Fundinq = 100%
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 61144
Page 4 of 4
Developer's Cost City's Cost Total Cost
$ 174,133.00 $ $ 174,133.00
$ 45,453.00 $ $ 45,453.00
$ 219,586.00 $ $ 219,586.00
r$ 269,906.00 $ 200,000.00 $ 469,906.00
$ 269,906.00 $ 200,000.00 $ 469,906.00
$ 489,492.00 $ 200,000.00 $ 689,492.00
r
$ 35,700.00 $ $ 35,700.00
r
$ 1,470.00 $ $ 1,470.00
$ 240.00 $ r$ 240.00
$ 37,410.00 $ - $ 37,410.00
$ 526,902.00 $ 726,902.00
Choice
Amount (Mark one
$ 689,492.00
$ 274,482.50
$ 587,382.50
$ 689,492.00 I X
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/11/24 M&C FILE NUMBER: M&C 24-0482
LOG NAME: 20JPS PARKING ILA AMENDMENT
SUBJECT
(CD 9) Authorize Execution of Amendment No. 1 to City Secretary Contract Number 61144, an Interlocal Agreement for the Construction of
Community Facilities with Tarrant County Hospital District dba JPS Health Network, Adding City Participation in the Amount of $200,000.00 for the
CFA-JPS Parking Garage Project, Adopt Appropriation Ordinances, Authorize a Waiver of the CFA Amendment Fee in the Amount of $2,230.00,
and Amend the Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Amendment Number 1 to City Secretary Contract Number 61144, an Interlocal Agreement for the Construction of
Community Facilities with the Tarrant County Hospital District dba JPS Health Network, adding City participation in the amount of
$200,000.00 for the relocation of a public storm drain;
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by
increasing estimated receipts and appropriations in the CFA-JPS Parking Garage project (City Project No. 105038) in an amount of
$200,000.00 and decreasing estimated receipts and appropriations in the Storm Drain Pipe Rehabilitation programmable project (City
Project No. P00114) by the same amount;
3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the CFA Developer Fund by increasing
estimated receipts and appropriations for the CFA-JPS Parking Garage (City Project No. 105038) in the amount of $37,170.00 and
decreasing estimated receipts and appropriations in the CFA Bucket programmable project (City Project No. P00001) by the same amount;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Government Community Facilities
Agreement Fund in the amount of $50,000.00 from available Developer Cash Contributions within the Unspecified -All Funds project (City
Project No. UNSPEC) for the purpose of funding the CFA-JPS Parking Garage project (City Project No. 105038);
5. Authorize a Waiver of the Community Facilities Agreement Amendment Fee in the amount of $2,230.00; and
6. Amend the Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an amendment to an Interlocal Agreement (ILA) with
Tarrant County Hospital District (TCHD) to address a section of failing public storm drain infrastructure.
The City identified that the existing storm drain system located within an easement on TCHD's property is in need of rehabilitation. During the
course of the investigation of the storm drain line and rehabilitation methods, TCHD informed City staff of an upcoming project to construct a
parking garage on the same property. As a means of repairing the storm drain and improving maintenance access, City staff desire to participate
in the cost of relocating the storm drain line for an amount less than the estimated rehabilitation costs. Amendment Number 1 to the ILA will add
$200,000.00 in City Participation to the project to relocate the storm drain line. TCHD will bear any additional costs for the storm drain line
relocation above $200,000.00.
In addition to the ILA Amendment, staff recommends adoption of 3 budget amendment ordinances for the following purposes.
Approval of the budget amendment ordinance listed as recommendation 2 will adjust appropriations in the Stormwater Capital Projects
Fund by shifting the $200,000.00 for the ILA Amendment into the CFA-JPS Parking Garage project from the Storm Drain Pipe Rehabilitation
programmable project.
Approval of the budget amendment ordinance listed as recommendation 3 will adjust appropriations between a programmable project and
convert the CFA-JPS Parking Garage project (City Project No. 105038) into a static capital project. This action is needed as future funding
for CFA-JPS Parking Garage project (City Project No. 105038) is anticipated from other sources and the scope of this project differs from
that of current programmable project.
Approval of the budget amendment ordinance listed as recommendation 4 will adjust appropriations in the Government Community Facilities
Agreement Fund by adding $50,000.00 to this project and reducing the Unspecified project by the same amount to provide interim funding
for certain developer costs associated with the CFA-JPS Parking Garage project.This funding aims to cover inspection services expenses
and ensure that the project does not face a shortage of funds. The appropriation ordinance is a temporary measure to provide interim
funding for inspection costs until the project is complete. The developer is contractually obligated to pay these costs to the City once the
project is completed and closed out.
In order to avoid delaying TCHD's project and causing TCHD to incur additional costs, City staff agreed to allow TCHD to proceed to construction
on the project while City staff sought approval from City Council for the City participation in the project. Therefore, City staff recommends that the
City Council authorize a waiver of the Community Facilities Agreement Amendment Fee in the Amount of $2,230.00. By approval of this M&C, City
Council finds that a waiver of the fee serves a public purpose because it avoids an increase expenditure of public funds that TCHD has allocated
for the project and that sufficient contractual controls are in place to ensure that the public purpose is met.
Funding for this project was not included in the Fiscal Years 2024-2028 Capital Improvement Program. The action in the M&C will amend the
Fiscal Years 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Funding is budgeted in the
Stormwater Capital Projects and the Govt Community Facilities Funds for the TPW Dept Highway & Streets Department for the purpose of funding
the CFA-JPS Parking Garage project.
This project is located in COUNCIL DISTRICT 9.
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 Stormwater Pipe Rehab project within the Stormwater Capital Projects
Fund and in the Unspecified -All Funds project within the Govt Community Facilities Agmt Fund and upon approval of the above
recommendations and adoption of the attached appropriation ordinances, funds will be available in the Stormwater Capital Projects Fund and in
the Govt Community Facilities Agmt Fund for the CFA-JPS Parking Garage project to support the above recommendations. Prior to an
expenditure being incurred, the Transportation & Public Works has the responsibility of verifying the availability of funds.
Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804
Oriainatina Business Unit Head: Lauren Prieur 6035
Additional Information Contact: Linda Young 2485