Loading...
HomeMy WebLinkAboutContract 63595-A1Date Received: 08/11/2025 City Secretary Contact No.: 63595-A1 Time Received: 11:12 a.m. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMB TEAM RANCH DEVCO LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 ("First 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"), and PMB Team Ranch Devco LLC, a Texas limited liability company ("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 Aledo Road Infrastructure, City Project Number 105498 ("CFA"); and WHEREAS, the Agreement includes City Participation in an amount not to exceed $2,672,381.40, but inadvertently omitted City participation in the paving improvements; and WHEREAS, on June 24, 2025, the Fort Worth City Council approved M&C 25-0642 authorizing an amendment to the CFA to increase City Participation in an amount up to $198,705.33 for the City's share of the paving improvements and associated fees; and WHEREAS, City and Developer desire to amend the CFA to reflect the additional City Participation in the CFA; 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. 63595: 1. The fifth recital of the CFA is amended in its entirety and read as follows: WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $2,902,950.92 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing an 8-inch water main to a 16-inch water main and an 8-inch sewer main to 18-inches, 20-inches, and 27-inches for anticipated future growth located in Southwest Fort Worth as authorized by City Council through approval of M&C 25-0291 on April 8, 2025 and M&C 25-0642 on June 24, 2025 ("City Participation"); and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 1 of 7 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC 2. The sixth recital of the CFA is amended in its entirety and read as follows: WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $2,379,415.57 for construction costs, $44,785.90 for material testing costs, and $411,620.14 for design costs. The remaining City Participation in the amount of $67,129.31 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 be read as follows: 37. City Participation; Fiscal Funding Limitation. (a) The City shall reimburse Developer for 82.1 % of the cost of the oversized 16-inch water main and 93.3% of the cost of the oversized sewer mains, subject to the adjustments set forth in subsection (g), in amounts not to exceed $2,379,415.57 for construction costs, $44,785.90 for material testing costs, and $411,620.14 for design costs. The remaining City Participation in the amount of $67,129.31 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. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation for construction costs was calculated as follows: Bid Summary Developer City Costs Total Costs Costs UNIT I: WATER $207,670.61 $952,500.39 $1,160,171.00 IMPROVEMENTS UNIT II: SEWER $92,406.49 $1,286,794.81 $1,379,201.30 IMPROVEMENTS UNIT III: PAVING $12,350.44 $171,984.56 $184,335.00 IMPROVEMENTS UNIT IV: ADJUSTMENT FOR $31,864.19 ($31,864.19) $0.00 PAVING BY TARRANT COUNTY Total Construction Bid $344,291.73 $2,379,415.57 $2,723,707.30 9 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 the CFA, which are not expressly amended herein, shall remain FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 2 of 7 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC 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 the CFA. [REMAINDER OF PAGE INTENTIONALLY BLANK] FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 3 of 7 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC IN TESTIMONY WH REOF, the City and Developer have executed this instrument by their duly authorized representatives to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH op*� Jesica McEachern Assistant City Manager Date: 08/10/2025 Recommended by: )[19me W-0& Dwayne Hollars Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard A. McCracken Sr. Assistant City Attorney M&C No. 25-0642 Form 1295: 2025-1305258 FORt�nLp ATTEST: pro o9=do Jannette S. Goodall City Secretary DEVELOPER PMB Team Ranch Devco LLC a Texas limited liability company By: PMB Team Ranch Manager LLC a Texas limited liability company TaylorBug 7, 202516:02:25 CDT) Taylor Baird Manager Date: 08/07/2025 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. jzu�) Kandice Merrick Contract Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 4 of 7 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC Project Name: Aledo Road Infrastructure CFA No. 25-0037 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total Exhibit A 39. Cost Summary Sheet IPRC No. 24-0059 City Project No.105498 Developer's Cost City's Cost Total Cost B. TPW Construction 1.a Street Paving 1.b Street Paving - Adjustment for Paving by Tarrant County 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. Material Testing Cost Contingency F. Water Testing Lab Fee G. Design Services 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% Letter of Credit = 125% $ 207,670.61 $ 952,500.39 $ 1,160,171.00 $ 92,406.49 $ 1,286,794.81 $ 1,379,201.30 $ 300,077.10 $ 2,239,295.20 $ 2,539,372.30 $ 12,350.44 $ 171,984.56 $ 184,335.00 $ 31,864.19 $ (31,864.19) $ - $ 44,214.63 $ 140,120.37 $ 184,335.00 $ 344,291.73 $ 2,379,415.57 $ 2,723,707.30 $ 8,302.50 $ 59,197.50 $ 67,500.00 $ 1,016.96 $ 7,251.04 $ 8,268.00 $ - $ 44,785.90 $ 44,785.90 $ 95.48 $ 680.77 $ 776.25 $ 56,599.86 $ 411,620.14 $ 468,220.00 $ 66,014.80 $ 523,535.35 $ 589,550.15 $ 410,306.53 $ 2,902,950.92 $ 3,313,257.45 Choice Amount (Mark one $ 344,291.73 X $ 375,096.38 $ 15,438.05 $ 390,534.43 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 5 of 7 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC City of Fort Worth, Texas Mayor and Council Communication DATE: 0&24125 M&C FILE 14UMBER: M&C25-0642 LOG NAME; 60ALEDO ROAD IMPRCVEMENTS AMEND M8 C (CID 3) Authorize Execution of First Amendment to a Comnxmity Facilities. Ag reement with PMB Team Ranch Gevoci LLC, Increasing City Participation in an Amount Up to $198,705.33 and Authorize a Waiver of the Community Farilibes Agreement Arnendnnent Fee RECOMMENDATION; It is, .c,..... 1-.'. J thatthe City Council: 1. Authorize execution of the First Ane€r7dn lent to a Community Facilities Agreement with PMB Team Ranch Devco LLC, increasing City participation in an amount up to 5198,705.33 for the C FA,41edo Road Stage 1 project (City Project Ne. 105498); and 2. Authorize a waiww of the Community Facilities Agreement t amendment fee. On April 8, 2025, Mayor and Council Comnxinicaidon "M&C) 25-0291, the City Couneil authorized the e)mT ubon of a Community Facilities Agreernertt (CFA) with PMB Team Ran ch Devoo LLC. with City partapabon in the amount up to $2,704,245.59 for the Alecto Road project and appropriated funds for the project. The Mi&C did riot include the Cit r, participation on the paving inprovemerrts_ The Water Departrnent is requesting to amend the CFA to increase the City& participation in an amount u p to $198,705.33 to the City& share for the paving inpnovennerrty and associated construction inspection service fees, administrative material testing servicefmes, and water testing lab fees. The Water Department is also requesting to increase funding for the construction canungency in the amount of $25,797.68 for a total of $W1,691.96_ Tarrant Countys Pred nct 4 agreed to participate in the rehabilitation and resurfacing of a_, _,, :.:7 0.82 miles of the eastern portion of Old AkAo Road from Fran chto Market Road 2871 going east in connection with this project instead of the Developer performing the work pursuant to the CFA_ M&C 25-0291 authorized execution of an Intertocal Agreerent between the City and Tanard County by which Tarrant County will provide at necessary labor and equipment to perform this work, and the City of Fart Worth will pay for the oust of materials and other incidentals in an an aunt u p to $475,584.96. The Developer agreed to contribute $31,864.19 for their portion of the wok_ In lieu of paying this cost directly to the City, the Developer has nego&45d an agreement with the Water Departrnent by which the Develcperwill pay $31,864.19 in additional construction oasts purr,.uanttothe CFA to pay fara portion of the CTtVs participation amount on the project. This,_ y- will be documented In the First Annendment to the CFA The folbwing table shoves the cost shining breakdownforthe project between all parties - Funding for the i nfrastiuctiure I np vwenwrb for public viater and sewer mains Alecto Road project is as depicted below.. A. CorrstTucton 1. Water 2. Sewer 3_ Pawing G. Adjustment for Pawing by Tarrant Co Contingency Inspections & Testing B. Censtmcdon Inspaetian Fee C. Admin Material Testirtq Fee D. Water Lab Fee E. Materiel Testing Cast CorrbrxMcy F_ Design Services TOtal Project Cost Developer City Cost Total Cast Cost $207,67t1_61 5952,500-39 $1,16D,171.01 $92,406.4C 1,286,7914.81 $1,379,201.31 $12,350.44 $171,964.56 $184,335.0q $31,864.7S -531,864.19 $0.01 SO_D $361,691.96 $361,691.90 $8,302.5 $59,197.50 $67,500.01 $1,016.9€ $7,251.04 $8,268.0 $95.4E $160077 S776.2 $0.1)Lr $44//785.9C $44 785.9 $56,599.80 $411,fi20.1d $46Bt60.0 $410,306.5253,264,642.88 $3,674,949.41 City of Fart Worth (93.3%) $443,720.77 PMB Team Rancho DeYD (6.7%) 'A*usted in table above. (RcYw G) $31,864.19 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 6 of 7 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC IT-w Pawing Improvements #475,5M.96i FUND Existing ,appropriations :,edition al Project Total' Appropriations W&SRev $3,515,725.00 50.00 $3,1-15,725.00 Bonds Series 2022-56020 Waterr-sewer $224,5134.00 $0.00 5224,504.00 Bond 2d16 - 56DD5 Tclal $3,740,229.00 $0.00 $3,740,229.00 * Numbers rounded for pre*entation purposes Funding is budgeted in t1m V.'aterlsewer Bond 2016 Fund forthe Water Depertrnentforthe purpose of funding the CFA-Weds Road Stage 1 project. as appropriated_ By approval of this M&C, the City Cowl finds that the waiver of the conxnunity facilities agreement arrendment fee serves a publie purpose because the the City to reintaurse the Developer for the City'.s portion of the pawing costs for the project and the prod is for the design and construction of public infrastructure that will be owned and maintained by the City. The City Council ftrther finds that adequate oontractual controls are in place to cams out such public purpose_ This project is is CCUNCIL DISTRICT 3_ FISCAL INFORMAT10N I CERTIFICATION: The Drectorof Finance certi%es that fund, are currerytly available intheWateriSewer Bond 2D16 fund, as prevlom., y appropriated in the CFA- AledD Road Stage 1 project to support the approval ofthe above. execution of the agreement. Prior to an expenditure being incurred, the Water Departrnent has the responsibility of verifying the availability offunds_ 5ubmitfed for City Vmnauer s Office by: Jesim McEachern 5804 Oriainatina Business Unit Head; CnrisHarder 5020 Additional :. Contact: SubyVarughese 8009 Melissa Harris L9428 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 7 of 7 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC