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Home My WebLink AboutContract 59115-A1Date Received: Dec 23, 2024 Time Received: 1:47 p.m. City Secretary Contract No.: 59115-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59115 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND GBTM SENDERA, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59115 ("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 GBTM Sendera, LLC ("Developer"), a Delaware 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 Sendera Ranch Boulevard, City Project Number 103700, City Secretary Contract Number 59115 ("CFA"); and WHEREAS, upon completion of construction and reconciliation of the project costs, the City discovered an error in the calculation of the City's participation in the project in the cost summary table of the CFA; and WHEREAS, the City and Developer desire to amend the CFA to correct the error and reflect the final costs for the project; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends City Secretary Contract Number 59115: 1. The fifth recital of the CFA is amended in its entirety to be and read as follows: WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $2,099,326.49 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing to oversize approximately 1,127 linear feet of water main from 16-inches to 30-inches, 2,100 linear feet of water main from 12-inches to 30-inches, 875 linear feet of water main from 8-inches to 30-inches and extend the water main an additional 747 linear feet to meet regional demands as authorized by City Council through approval of M&C 23-0122 on February 14, 2023 ("City Participation"); and FA The sixth recital of the CFA is amended in its entirety to be and read as follows: OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No. 59115 FT. WORTH, TX Pagel of 5 W REAS, the City Participation includes reimbursement to Developer in amounts not to exceed $2,011,209.28 for construction costs, $7,054.60 for material testing costs, and $18,784.98 for IPRC engineering plan review fees. The remaining City Participation in the amount of $62,277.63 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees; and 3. Section 37, subsection (a) of the CFA is amended in its entirety to be and read as follows: (a) The City shall reimburse Developer in amounts not to exceed $2,011,209.28 for construction costs, $7,054.60 for material testing costs, and $18,784.98 for IPRC engineering plan review fees. The remaining City Participation in the amount of $62,277.63 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees. During construction of the Improvements, Developer will receive applications for payment from Developer's contractors. Developer shall verify that each application for payment is due and payable under the construction contracts between Developer and the contractors and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City, in the form of an invoice, no more frequently than one time per month to obtain reimbursement of the City Participation (each a "Payment Request"). Each Payment Request shall be delivered to the City by email with the subject reading "Reimbursement Request/Sendera Ranch Boulevard" and delivered to DSWS@FORTWORTHTEXAS.GOV. Each Payment Request submitted by Developer shall be accompanied with proof that: (1) Developer has paid the contractors for the amount included in the Payment Request; and (2) an affidavit and lien release from the contractors indicating that Developer has paid the contractors in full for the amount included in each Payment Request and the contractors have paid all subcontractors and material suppliers in full. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. City shall withhold 5% for retainage from each payment to Developer. The City Participation was calculated as follows: City Participation Exhibit-Sendera Ranch Blvd Unit of Alternate Unit Contractors Description- IPRC22-0093 CP14 103700 Measure Quantity Price Unit Price 1 TRENCH SAFETY LF 4890 51.12 $2.00 2 D.L FITTINGS W,1 RES TN 0.81 $10,000.00 $9,500.00 3 16" WATER PIPE LF 162 $76.45 $180.00 430" DIP WATER LF 4728 $418.25 $465.00 5 IMPORTED EMBEDMENT,' CZSMBACKFILL CY 84 $97.16 $250.00 616"GATE VALVE&VAULT EA 1 $14,029.33 $22,500.00 T48" CASING BY OPEN CUT LF 35 $600,00 $950.00 Sa30" AW WA BUTTERFLY VALVE, W" VAULT EA 4 $135,000.00 $48.500.00 9 4" CONE30 AIR VALVE ASSEMBLY EA 1 $15,000.00 $28.500.00 1W" BLOW' OFF VALVE EA 3 $30,000.00 $14.500.00 11 CONNECT TO EXISTING 30" WATER LINE EA 2 $11,088.89 $11.500.00 12 CATHODIC PROTECTION LS 1 $ 165,132.35 $176,000.00 Lowest unit price -BOLD TOTAL $ City Participation 80.9% $ Developer Cost 19.1% $ City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 59115 Page 2 of 5 Bi 2,486,043.60 2, 011, 209.28 474,834.33 4. Section 39 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. a. All other provisions of City Secretary Contract Number 59115 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 59115. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 59115 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 Dana Burghdoff (De 3, 2024i :48 CST) Dana Burghdoff Assistant City Manager Date: Dec 23, 2024 Recommended by: Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken (Dec 23, 202411:09 CST) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: N/A ATTEST: J fannette S. Goodall City Secretary DEVELOPER GBTM Sendera, LLC 1��F Bobby Samuel Authorized Signer Date: Dec 23, 2024 Contract Compliance Manager: By signing, I acknowledge that I am the g4Upn FORr000d person responsible for the monitoring and �,�o , °�10o administration of this contract, including all . apQ,� % o=a performance and reporting requirements. aQ loo a� nEX Rebecca Owen (Dec 23, 202411:03 CST) Name: Rebecca Diane Owen Title: Development Manager City of Fort Worth, Texas OFFICIAL RECORD Amendment No. 1 to City Secretary Contract No. 59115 CITY SECRETARY Page 4 of 5 FT. WORTH, TX Project Name: Sendera Ranch Boulevard CFA No.: 22-0182 Items A Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer ConstFvchon To tar EXHIBIT A 39. Cost Summary Sheet City Project No.: 103700 IPRC No.: 22-0093 B. TPW Construction 1. Street 2. Storm (Drain 3. Street Lights Installed by Developer 4. Signals TPW Con structron Cost To tar Total Construction Cast (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee ❑. Administrative Material Testing Service Fee E. Water Testing Lab Fee F. M aterial Testing Cust F. IPRC Plan Review Fees Total Estimated Construction F ees; TOTAL PROJECTCOSr Financial Guarantee Bond = 100% Deve lope r"sCost City%Cost Total Cost 3 1,1365,195.72 $2,011,209.28 $ 3,1376,4135.00 $ $ $ 5 1,065,195.72 #2,011.209.28 5 3,076,405.00 $ 1,314,316.65 5 - $ 1,314,816.65 5 713.545.00 5 - $ 718,545.00 3 S 304,479.00 $ $ - $ $ 304,479.00 # 2,337,840.65 5 - 5 2,337,840.65 S 3.403.036.37 S2,011,209,28 S 5.414.245.65 5 12,701 .50 3 53,793 50 3 66.50G.00 5 1,956.03 5 8,284.97 $ 10,241.00 $ 45.84 $ 19416 $ 240.00 5 1.665.55 $ 7,05460 3 8,72G.15 5 4.435.02 5 18,784.98 5 23.220.00 S 20.803.94 S 88.117.21 S 108.921.15 S 3,423,840.31 S 2,09%326M S %523,166.00 Amount Choice 5 3,403,035.37 I X * Amounts above include Change Orders 1 and 2 City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 59765 Page 5 of 5