HomeMy WebLinkAboutContract 62103-A1Date Received: 06/12/2025
City Secretary
Time Received: 1 : 03 p.m. Contract Number: 62103-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 62103
A COMMUNITY FACILITIES AGREEMENT BETWEEN
BETWEEN THE CITY OF FORT WORTH AND AP FW FOUNDRY, LP
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
62103 ("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 AP FW Foundry, LP
("Developer").
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a Project generally described as
The Foundry Mixed Use, City Project Number 105439, City Secretary Contract Number 62103
("CFA"); and
WHEREAS, the CFA includes City Participation in an amount not to exceed
$98,623.28 to replace an existing 6-inch cast iron water line with an 8-inch PVC water line; and
WHEREAS, the City discovered an error in the calculation of the City Participation;
and
WHEREAS, on April 22, 2025, through M&C 25-0325, the City Council authorized
an increase in the City Participation in the amount of $97,637.97; and
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. 62103:
1.
The fifth recital of the CFA which reads "WHEREAS, the City desires to participate in
this Agreement in an amount not to exceed $98,623.28 to enlarge the scope of the Improvements
beyond what Developer is responsible for constructing to replace an existing 6-inch cast iron water
line with an 8-inch PVC water line ("City Participation"); and" 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
$196,261.25 to enlarge the scope of the Improvements beyond what Developer is
responsible for constructing to replace an existing 6-inch cast iron water line with an fl-
inch PVC water line ("City Participation") as authorized by the City Council on April 22,
2025 through M&C 25-0325; and
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62103
Pagel of 5
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2.
The sixth recital of the CFA which reads "WHEREAS, the City Participation includes
reimbursement to Developer in an amount not to exceed $98,623.28 for construction costs. The
City is not participating in the cost of construction inspection service fees, administrative material
testing service fees, or water lab testing fees; and" is amended in its entirety to be and read as
follows:
WHEREAS, the City Participation includes reimbursement to Developer in an amount not
to exceed $196,261.25 for construction costs. The City is not participating in the cost of
construction inspection service fees, administrative material testing service fees, or water
lab testing fees; and
3.
The seventh recital of the CFA which reads "WHEREAS, the Developer has agreed the
City's Participation in the project shall be limited to $98,623.28, regardless of the actual cost
Developer incurs in replacing the water line and Developer will not seek additional compensation
from the City; and" is deleted in its entirety.
H
Section 37 of the CFA is amended in its entirety to be and read as follows:
37.
City Participation; Fiscal Funding Limitation
(a) The City will reimburse Developer for construction costs for replacing a 6" cast iron water
line with an 8" PVC water line in an amount not to exceed $196,261.25. The City
Participation shall not include any reimbursement to Developer for construction inspection
service fees, administrative material testing service fees, water lab testing fees, or any other
fees or costs. The City shall reimburse Developer for the City Participation after
presentation of proper documentation by Developer to the City that the Improvements have
been constructed and accepted by the City and all contractors and material suppliers have
been paid. Developer must register as a vendor of the City in order for the City Participation
to be paid to Developer. The City Participation was calculated as follows:
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62103
Page 2 of 5
The Fonudre \Tiled L se- IPRC2�-0033 CP\ 105439
Contractor Unit prices
CF\F 2019 CFA UNITPRICES
Lowest bid
Bid list
Descr ption
I
I Unit of
I Bid
Unit Price
I
Bid Value
Uuit Price
I
Bid Value
Ci , Cost
Item
Mensure
Qttiarrtity
Participation
Water Improvements
Ductile Iron Water Fittings w/Restraint
TON
0.46
1
$1,725.00
$793.50
$1,000.00
$460.00
$460.00
2
8" PVC Water Pipe
LF
560
$50.00
$28,000.00
S118.00
$66,080.00
$28,000.00
Connection to existing 4"-12" Water
3
Main
EA
3
$1220.49
$3,661.47
$5,000.00
$15,000.00
$3,661.47
4
8" Gate Valve
EA
2
$3,522.00
$7.044.00
$2,580.00
$5,160.00
$5,160.00
5
Trench Safety
LF
560
$1.95
$1,092.00
S1.12
$627.20
$627.20
6
8" Water line lowering
EA
1
$4,215.68
$4,215.68
$8.700.00
$6,700.00
$4,215.68
7
Remove 6" water line
LF
560
$19.56
$10,953.60
S6.03
$3.376.80
$3,376.80
8
1" Water service reconnection
EA
8
$1,220.49
$9,763.92
S920.00
$7,360.00
$7,360.00
Asphalt Pvmt Repair Arterial, Water
LF
575
9 Service $222.00 $127,650.00 S84.78 $48,748.50 $48,748.50
Asphalt Pvmt Repair Beyond Defined SY 553.5
10 Width, Arterial $270.00 $149,445.00 S100.00 $55,350.00 $55,350.00
Summary- City Participation
Water Improvements Total $156,959.65
Change Order No.3 $39,301.60
Total City Participation $196,261.25
(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.
(c) Substantial completion of the Improvements shall occur after Developer's contractors
notify the City that the Improvements are constructed and ready for their intended use, the
City and Developer's contractors inspect the Improvements, and the City concurs that the
Improvements are substantially complete. This Agreement does not provide for any
retainage to be withheld from the City Participation.
5.
Section 38 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.
6.
a. All other provisions of City Secretary Contract Number 62103 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 62103.
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62103
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
00*�
Jesica McEachern
Assistant City Manager
Date: 06/12/2025
Recommended by:
)0wh9WeW-
Dwayne Hollars
Sr. Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 25-0325
Date: 4/22/2025
Form 1295: 2025-1282835
inn
ATTEST:
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62103
Page 4 of 5
DEVELOPER
AP FW Foundry, LP,
a Delaware limited partnership
By: Asana Partners Fund III REIT 11, LLC
A Delaware limited liability company
a, wwzk Z de-k, ///
G.%elch Liles, III (Jun 5, 2025 17:26 EDT)
G. Welch Liles III
Authorized Representative
Date: 06/05/2025
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.
k2�
Kandice Merrick
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
38.
Cost Summary Sheet
Project Name: The Foundry Mixed Use
CFA No.: 24-0080
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
City Project No.: 105439
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%
IPRC No.: 24-0033
Developer's Cost City's Cost Total Cost
$ 308,949.61 $ 196,261.25 $ 505,210.86
$ 54,039.45 $ - $ 54,039.45
$ 362,989.06 $ 196,261.25 $ 559,250.31
$ 117,190.00 $ $ 117,190.00
$ 7,425.00 $ $ 7,425.00
$ 124,615.00 $ $ 124,615.00
$ 487,604.06 $ 196,261.25 $ 683,865.31
$
22,500.00
$
$
22,500.00
$
1,225.00
$
$
1,225.00
$
240.00
$
$
240.00
$
23,965.00
$
$
23,965.00
$
511,569.06
$
196,261.25 $
707,830.31
Amount
$ 683,865.31 I X
*Costs above are inclusive of change order numbers 1, 2 and 3.
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62103
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/22/25 M&C FILE NUMBER: M&C 25-0325
LOG NAME: 60THE FOUNDRY WATER IMPROVEMENTS
SUBJECT
(CD 9) Authorize Execution of First Amendment and Change Order No. 3 to a Community Facilities Agreement with AP FW Foundry, LP,
Increasing City Participation by $97,637.97 for CFA- The Foundry Mixed Use Project and Adopt Appropriation Ordinance to Effect a Portion of
Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of the First Amendment and Change Order No. 3 to City Secretary Contract Number 62103, a Community Facilities
Agreement with AP FW Foundry, LP, increasing City participation by $97,637.97, for CFA-The Foundry Mixed Use project (City Project No.
105439) and
2. Adopt the attached appropriation ordinance adjusting appropriations in the Water & Sewer Revenue Bonds Series 2022 Fund by increasing
appropriations in the CFA Bucket programmable project (City Project No. P00001) in the amount of $196,262.00 and decreasing
appropriations in the Unspecified All -Funds project (City Project No. UNSPEC) by the same amount for the purpose of funding CFA- The
Foundry Mixed Use project (City Project No. 105439) and to effect a portion of Water's contributions to the Fiscal Years 2025-2029 Capital
Improvement Program.
DISCUSSION:
On October 10, 2024, the City executed a Community Facilities Agreement with AP FW Foundry, LP, with City participation in an amount up to
$98,623.28, for an 8-inch cast iron water line replacement to serve The Foundry Mixed Use Development and anticipated future growth in west
Fort Worth. The Community Facilities Agreement did not require City Council approval as the City participation did not exceed $100,000.00.
After execution of the Community Facilities Agreement, the Developer elected to use a different contractor for the project. The purpose of this
M&C is to amend the Community Facilities Agreement by increasing City participation in an amount up to $58,336.37 as unit prices were adjusted
to match the awarded contractor's bid tab. Estimates were originally created for the project based on a previously selected contractor using the
Opinion of Probable Construction Cost, however, the developer selected a new contractor before the Community Facilities Agreement was
executed and bidding costs were renegotiated, which resulted in a necessary increase of funds exceeding $100,000.00 in City participation.
Change Order No. 3 will increase the City participation in an amount up to $39,301.60 for removal and replacement of water services and
associated pavement repair from the new line to the existing meter that the City has requested the developer perform. The City will participate in
the agreed amounts and the developer will be responsible for all remaining costs.
Change Order Numbers 1 through 2 were administratively approved and did not increase City participation.
In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from
competitive bidding requirements because the City's participation in the contract does not exceed 30% of the total contract cost, the Developer will
execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be
determined in accordance with the City's unit price ordinance.
The anticipated cost for the Foundry Mixed Use project after contract amendment and execution of Change Order Number 3 is as depicted in the
table below:
A. Construction Developer City Cost Total Cost
Cost
1. Water $308,949.61 $196,261.25 $505,210.86
�2. Sewer $54,039.45 $0.00 $54,039.45
�3. Storm $7,425.00 $0.00 $7,425.00
�4. Paving $117,190.00 $0.00 $117,190.00
Construction Fees:
B. Construction Inspection
Fee
C. Admin Material Testing
Fee
E. Water Testing Lab Fee
Total Project Cost
$22,500.00 $0.00 $22,500.00
$1,225.00 $0.00 $1,225.00
$240.00 $0.00 $240.00
$511,569.06 $196,261.25 $707,830.31
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council
Communication will amend the City of Fort Worth's Fiscal Years 2025-2029 Capital Improvement Program, as follows:
Capital BudgetRevised
Fund Project FY2025 CIP Change
25
Name Name Appropriations Authority (Increase / Budget)
Decrease)
56020
- W&S The
Rev Foundry $0.00 This M&C $196,262.00 $196,262.00
Bonds Mixed
Series Use
2022
Funding will be budgeted in the Unspecified All -Funds project within the W&S Rev Bonds Series 2022 Fund for the purpose of funding The
Foundry Mixed Use project.
Funding for The Foundry Mixed Use project is depicted below
Fund
Existing
Additional
Project
Appropriations Appropriations
Total
30111 - Gvt
Community Facilities $14,000.00
$0.00
$14,000.00
Agmt
30114 - CFA
$31,725.00
$0.00
$31,725.00
Developer
56020 - W&S Rev
$0.00
$196,262.00
$196,262.00
Bonds Series 2022
Total $45,725.00 $196,262.00 $241,987.00
BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-10-2021 when City spending participation on Community
Facilities Agreements is less than $1,000,000.00 dollars.
The project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the Unspecified All -Funds Project within the W&S Rev Bonds Series 2022 Fund for
CFA-The Foundry Mixed Use project to support the approval of the above recommendation and execution of the change order. Prior to any
expenditure being incurred, the Water Department has the responsibility to validate the availability of funds.
Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804
Oriainatina Business Unit Head: Chris Harder 5020
Additional Information Contact: Suby Varughese 8009
Melissa Harris 8428
Expedited