HomeMy WebLinkAboutContract 57832-A2City of Fort Worth, Texas
Amendment No. 2 to City Secretary Contract No. 57832
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Date Received: _______________ City Secretary
Time Received: _______________ Contract Number: __________
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57832
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH,
HPC WELLINGTON NANCE DEVELOPMENT CORPORATION,
AND 170 NORTHSTAR RANCH DEVELOPER, INC.
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
57832 (“Second Amendment”) is made and entered into by and between the City of Fort Worth
a home-rule municipal corporation of the state of Texas (“City”),HPC Wellington Nance
Development Corporation, a Texas corporation (“HPC”), and 170 Northstar Ranch Developer,
Inc., a Texas corporation (“Northstar”), each acting by and through their duly authorized
representatives.
WHEREAS, the City, HPC, and Northstarentered into a Community Facilities Agreement
for the construction of public infrastructure Improvements for a Project generally described as M-
584 Sewer Line, City Project Number 103521, City Secretary Contract Number 57832 (“CFA”);
and
WHEREAS, HPC’s contractor completed construction of the Improvements pursuant to
the CFA and the Improvements passed all inspections; and
WHEREAS, a portion of the Improvements are located in an easement that was obtained
by Northstar on behalf of the City that was granted to the City by Fossil Creek Estates Homeowners
Association, Inc. (“HOA”); and
WHEREAS, the HOA delivered to the City a Notice of Violation of Easement and
Demand to Cure in connection with the gabions that were installed in two locations within the
easement; and
WHEREAS, the HOA has delivered to the City a release of claims related to the
replacement of the gabions with turf mats, but the HOA has not released any other claims it may
have in connection with the project; and
WHEREAS, the work necessary to replace the gabions with turf mats was publicly bid
under a separate city project number; and
WHEREAS, the City, HPC and Northstar desire to amend the CFA to reflect the additional
work to be performed to replace the gabions with turf mats;
NOW THEREFORE, City, HPC, and Northstar, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends CFA as follows:
City of Fort Worth, Texas
Amendment No. 2 to City Secretary Contract No. 57832
Page 2 of 7
1.
The CFA is amended to add the following recitals:
WHEREAS, the scope of the project has been expanded to increase the City Participation
by $64,184.91 for the replacement of gabions with turf mats and the restoration of disturbed areas
as set forth in the M-584 Erosion Control Project, City Project Number 105742, as authorized by
the City Council through approval of M&C 25-0023 on January 14, 2025 (“Additional Work”);
and
WHEREAS, City shall be responsible for 59.7%, HPC shall be responsible for 31.3%, and
Northstar shall be responsible for 9% of the cost of the Additional Work as more particularly
described in this Agreement; and
WHEREAS, the City Participation for the Additional Work includes reimbursement to
HPC in amounts not to exceed $55,674.49 for construction costs, $693.12 for IPRC plan review
fees, and $5,286.05 for public bid advertising costs. The remaining City Participation for the
Additional Work in the amount of $2,531.25 shall not be paid to HPC or Northstar, but will be
used by the City to pay for the City’s portion of construction inspection service fees; and
2.
Section 6 of the CFA is amended in its entirety to be and read as follows:
This Agreement shall be effective on the date this Agreement is executed by the City’s
Assistant City Manager (“Effective Date”). HPC has completed construction of Segment 1 and
Segment 2 of the Improvements. HPC shall complete the Additional Work, and obtain the City’s
acceptance of the Additional Work by July 1, 2025. If construction of the Additional Work has
started, HPC and Northstar may request an additional period of time to complete construction of
the Additional Work (“Extension Period”). All Extension Periods shall be agreed to in writing by
the parties as set forth in a written amendment to this Agreement.
3.
Section 37, subsection (a) of the CFA is amended in its entirety to be and read as follows:
(a) The City Participation for the project shall be as follows:
i. City will pay HPC 59.7% of the construction costs of the Improvements in an
amount not to exceed $5,756,729.09 and will pay HPC 59.7% of the public bidding
advertisement costs in an amount not to exceed $5,290.40. The remaining City
Participation in the amount not to exceed $18,750.00 shall not be paid to HPC or
Northstar by the City, but will be used by the City to pay the City’s share (15%) of
the construction inspection service fees. The City will not participate in the cost of
administrative material testing service fees or water testing lab fees. HPC shall pay
75% and Northstar shall pay 25% of the cost of: (1) obtaining any approvals or
City of Fort Worth, Texas
Amendment No. 2 to City Secretary Contract No. 57832
Page 3 of 7
permits from entities, other than the City, necessary for construction of the
Improvements; (2) IPRC engineering review fees; (3) material testing costs; and
(4) administrative material testing service fees.
ii. City will pay HPC 59.7% of the cost of the Additional Work in an amount not to
exceed $55,674.49 for construction costs, $693.12 for IPRC plan review fees, and
$5,286.05 for public bid advertising costs. The remaining City Participation for the
Additional Work in the amount of $2,531.25 shall not be paid by City to HPC or
Northstar, but will be used by the City to pay for the City’s portion of construction
inspection service fees
iii. The City shall not be liable to Northstar for any costs related to this Agreement.
HPC must register as a Vendor of the City in order for the City Participation to be
paid to HPC. The cost of any change orders must be agreed upon in writing by the
parties and the party or parties benefitting from the change order must pay the costs
as outlined in the written change order signed by the parties.
4.
Section 38, Subsection (b)(13) of the CFA is amended in its entirety to be and read as
follows:
(13) Construction of the Additional Work shall be completed and final accepted by July
1, 2025.
5.
Section 40 of the CFA is amended in its entirety to be and read as set forth in Exhibit A of
this Second Amendment, which is attached hereto and incorporated herein by reference.
6.
The Cost Estimates in the CFA are amended to add the information in Exhibit B of this
Second Amendment, which is attached hereto and incorporated herein by reference.
7.
a. All other provisions of City Secretary Contract No. 57832 which are not expressly
amended herein, shall remain in full force and effect.
b. All terms in this Second Amendment that are capitalized, but not defined, shall have the
meanings ascribed to those terms in City Secretary Contract No. 57832.
City of Fort Worth, Texas
Amendment No. 2 to City Secretary Contract No. 57832
Page 4 of 7
IN TESTIMONY WHEREOF, the City, HPC, and Northstar have executed this Second
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:
Dwayne Hollars
Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 25-0023
Date: 1/14/2025
Form 1295: 2024-1239941; 2024-1240211
ATTEST:
Jannette Goodall
City Secretary
HPC
HPC Wellington Nance Development
Corporation
Ben Luedtke
Executive Vice President
Date:
NORTHSTAR
170 Northstar Ranch Developer, Inc
Kim Gill
Vice President
Date:
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 Diane Owen
Development Manager
City of Fort Worth, Texas
Amendment No. 2 to City Secretary Contract No. 57832
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EXHIBIT A
40.
Cost Summary Sheet
Project Name: M-584 Sewer Line
CFA No.: CFA22-0044 IPRC No. IPRC21-0158 City Project No.: 103521
*Numbers in chart above do not reflect any change orders for the project.
City of Fort Worth, Texas
Amendment No. 2 to City Secretary Contract No. 57832
Page 6 of 7
Project Name: M-584 Erosion Control Project
CFA No.: CFA22-0044 IPRC No. IPRC24-0155 City Project No.: 105742
TOTAL COST (BOTH PROJECTS) $ 3,159,701.32 $ 912,940.67 $ 5,844,954.40 $ 9,917,596.39
00 42 43 Option 1
DAP - BID PROPOSAL
Page 1 of 1
1 3292.0200 Seeding, Broadcast 32 92 13 SY 1894.00 $0.65 $1,231.10
2 9999.0001 Remove 12" Gabion Mattresses 00 00 00 SY 1894.00 $30.00 $56,820.00
3 9999.0002 Erosion Control Mat - Excel PP5-PRO 00 00 00 SY 1894.00 $18.59 $35,206.00
$93,257.10
UNIT I: SANITARY SEWER IMPROVEMENTS - SEGMENT 1
Total Construction Bid
$93,257.10
Bid Summary
SECTION 00 42 43
Project Item Information
UNIT PRICE BID Bidder's Application
Bidder's Proposal
Developer Awarded Projects - PROPOSAL FORM
M-584 Erosion Control-CoFW Participation
Specification Section
No.
Unit of
Measure
Bidlist
Item No.
UNIT I: SANITARY SEWER IMPROVEMENTS - SEGMENT 1
Description
TOTAL UNIT I: SANITARY SEWER IMPROVEMENTS - SEGMENT 1 $93,257.10
Bid Quantity Unit Price Bid Value
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019
M-584 Erosion Control
City Project No. 105742
1-Armor Site Services- Bid Table Section 00 42 43
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 01/14/25 M&C FILE NUMBER: M&C 25-0023
LOG NAME: 60WELLINGTON CFA AMENDMENT N0.2 EROSION CONTROL
SUBJECT
(CD 10) Authorize Execution of Amendment No. 2 to City Secretary Contract No. 57832 with HPC Wellington Nance Development Corporation
and 170 Northstar Ranch Developer, Inc., Increasing City Participation in an Amount Up to $64,184.91 and Developer Participation in an Amount
Up to $55,962.55 for Sewer Main M-584 Erosion Control Located in North Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 2 to City Secretary Contract No. 58732 with HPC Wellington
Nance Development Corporation and 170 Northstar Ranch Developer, Inc., increasing City participation an amount up to $64,184.91 and
Developer participation in an amount up to $55,962.55 for the sewer main M-584 erosion control located in north Fort Worth.
DISCUSSION:
On May 10, 2022, the City Council approved Mayor & Council Communication (M&C) 22-0361 to authorize the execution of a Community
Facilities Agreement (CFA) to oversize the M-584 Sewer Line (Wellington Offsite sewer) main to serve the Wellington, Nance, and Northstar
Ranch Developments. The Wellington Offsite Sewer project was assigned City Project No. 103521 and Accela System Record Infrastructure Plan
Review Center (IPRC) Number IPRC21-0158.
Pursuant to the terms of the CFA, the sewer line was built in two segments. Upon construction and passing of all tests for Segment 1, the City
agreed to allow Segment 1 to be placed into service while Segment 2 was being constructed; however, the City would not accept the entire project
until both segments were completed.
In a letter dated November 29, 2023, the Fossil Creek Estates Homeowners Association (HOA) informed the City that gabion baskets installed at
two creek crossings to protect the sewer line violated the easement granted by the HOA to the City for the project.
On January 2, 2024, the City issued a letter accepting Segment 1 of the sewer line. On or about January 23, 2024, the City confirmed that
Segment. 2 was completed.
Through negotiations with the HOA, the HOA agreed to the replacement of the gabion baskets with turf mats. Amendment No. 1 to the CFA was
executed to document the negotations with the developers for the future replacement of the gabions with the turt mats, use of the completed sewer
line while the gabions are being replaced, and extending the deadline to complete construction. Amendment No. 1 did not authorize this additional
work because the additional working had to be publicly bid.
The purpose of this M&C is to authorize the execution of Amendment No.2 to the Community Facilities Agreement, to increase city participation
for the replacement of gabions with turf mats, and restoration of disturbed areas.
The additional work under Amendment No. 2 was bid out as a separate project. The M-584 Erosion Control project is assigned City Project No.
105742 and Accela System Record IPRC Number IPRC24-0155. This will result in the CFA encompassing two City project numbers.
The project has been publicly bid. The City's cost participation in the additional scope of work is estimated to be in an amount up to $64,184.91 as
shown in the table below. Payments to the Developer are estimated to be $55,674.49 for construction costs, $693.12 for IPRC fees, and
$5,286.05 for public bid advertisement. The City's cost participation also includes $2,531.25 to cover the City's portion of construction inspection
service fees.
The following table shows the cost sharing breakdown for the project between all parties:
Dev-
A. Construction *Additional Dev- HPC Northstar City Cost
Scope Cost (31.3%) Cost ( 9%) (59.7%) Total Cost
Sewer
$29,189.47� $8,393.14� $55,674.49� $93,257.1
Inspections & Testing (40
Construction Inspection Fee
%/21 %/15%
IPRC Plan Review Fees
�. Public Bid Advertisement
ee
otal Project Cost
$10,800.00� $3,543.75� $2,531.25� $16,875.
$363.39
$2,771.41
$104.49� $693.12� $1,161.
$796.89� $5,286.05� $8,854.
$43,124.28� $12,838.27� $64,184.91� $120,147
*Numbers will be rounded up for accounting purposes.
The reimbursement of the City participation, excluding inspection and material testing fees, is not a lump-sum amount and may be less than the
stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the
Green Sheet package.
Funding is budgeted in the Water/Sewer Bond 2016 Fund for the Water Department for the purpose of funding the CFA-M-584 Erosion
Control project, as appropriated.
Funding for the CFA —M-584 Erosion Control project as depicted in the table below:
Fund Existing Additional Project
Total*
Appropriations Appropriations
Water/Sewer Bond 2016 - Fund $65,000.00 $0.00 $65,000.00
56005
Project Total $65,000.00 $0.00 $65,000.00
*Numbers rounded for presentation purposes.
BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-102021 when City spending participation on Community
Facilities Agreements is less than $1,000,000.00 dollars.
A change order or amendment may be made by the City manager up to the amount allowed by relevant law and the Fort Worth City Code and
does not require specific City Council approval as long as sufficient funds have been appropriated.
This project is located in COUNCIL DISTRICT 10.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Water/Sewer Bond 2016
Fund for the CFA-M-584 Erosion Control project to support the approval of the above recommendation and execution of the amendment. Prior to
an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office bk William Johnson 5806
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Suby Varguhese 8009
Melissa Harris 8028