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Home My WebLink AboutContract 40268-A1 AMENDMENT NO.1 STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 40268-A1 COUNTY OF TARRANT § AUTHORIZING M&C NO. C-24292 WHEREAS, the City of Fort Worth (City) and Renaissance Square, LLC (Developer) entered into a Community Facilities Agreement, City Secretary Contract No.40268 ("CFA"); and WHEREAS, it has become necessary to execute Amendment No.I to the CFA to create an Enhanced Community Facilities Agreement ("ECFA") and provide for City participation in the amount of $199,120.00 for the City's portion of design costs for US287/BeMNaughn Interchange ; and WHEREAS, the City Council authorized execution of an ECFA with Developer the 22nd day of June , 2010 via M&C C-24292. NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CFA: 1. The Agreement shall be an Enhanced Community Facilities Agreement. 2. The Cost Summary Table is amended to be and read: AMENDMENTNO Project Page 1 of 3 Developer's Cost Ci 's Cost_. Total Cost A. Water and Sewer Construction ' 1 . Water $ 290 053.00 $ - $ 290 053.00 2 Sewer �� $ 135 985.00 $ � - $ 135 985.00 Water Construction Cost Sub-Total 426 038.00 - $ 426 038.00 18. TPW Construction _ 1 . Paving_ Y_ ___ _ $ 9Z,,790.00__ $ - $ 92 790.00 2. Storm Drain $ 187 883.00 $ - $ 187 883.00 3 Street Lis w $ 9,850.00 $ - $ 9,850.00 TPW Construction Cost Sub-Total _ _ $ 2901523.00 $ - $ 290 523.00 Total Construction Cost $ 716,561.00 $ _� $ 716,561.00 Construction Fees: — C. Water/Sewer Inspection Fee 2% $ 8 520.76 $ - $ 8,520.76 D. Water/Sewer Material Testr2 Fee b $� 8,520.76 $ - $ 8,520.76 rW ater Construction Fees Sub-Total $ 17 041 .52 $ - $ 17 041 .52 E. TPW Inspection Fee $ 11 226.92 $ 11 26.92 F TPW Material Testin Fee $ _ 561346 $ 5 613.46 G. Street Li ht Inspection Fee $ 394.00 $ 394.00 H. Street Si ns Installation Cost $ - $� - $ - TPW Construction Fees Subtotal mµm $ p17 234.38 $ - $ 17 234.38 I. Interchange Design a _$ n 749500 $ 199,120.00 $ 206 615.00 Total Construction Fees $ 34,275.90 $ - $ 34,275.90 3. All other provisions of the CFA, which are not expressly amended herein, shall remain in full force and effect. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) AMENDMENTNO Project Page 2 of 3 EXECUTED on this the day of , 2010, in Fort Worth, Tarrant County, Texas. ATTEST: CITY OF FORT WORTH: Marty Hendrix p000uut�� . . ut 4&,ujs City Secretary 0 0000000c, Assistant City Manager ocy,d6o 000 lip o� v° °�� APPROVAL RECOMMENDED: xd �r To0p o�a�C!� I-°o00000� a ContraCC Authorizatioa n1lQD"�'� L-e1 1 � e Date -- Water Deparftr&ttt ES uS CC-Irl�/a.� 2 APPROVED AS TO FORM St-�4sr DFuECcPAAX: t AND LEGALITY: *,�� Amy J. Ramsey Assistant City Attorney Renaissance Square, LLC Moriah Real Estate Company LLC 303 W. Wall St., Suite 1500 Midland TX 79704 By Moriah Real Estate Company, LLC By: Name: Tod Brown Title: Executive Vice President, Manager AMENDMENT NO Project Page 3 of 3 m&t- Keview Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA PAR COUNCIL ACTION: Approved on 6/22/2010 -Ord. No. 19200-06-2010 DATE: 6/22/2010 REFERENCE NO.: C-24292 LOG NAME: 17RS TURNAROUND CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Authorize Execution of Local Project Advance Funding Agreement the Texas Department of Transportation in the Amount of$1,526,089.00 for the Construction of the Berry/Vaughn Interchange on US Highway 287(Southbound Frontage Road); Authorize Execution of Related Advanced Funding Agreement with Renaissance Square, LLC;Authorize Execution of Enhanced Community Facilities Agreement with Renaissance Square, LLC in the Amount of$199,120.00 for Design Work Associated with the Project;Accept Reimbursement of up to$26,409.00 from Texas Department of Transportation Following Completion of Project and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: (1)Authorize the execution of a Local Project Advance Funding Agreement(LPAFA) with the Texas Department of Transportation in the amount of$1,526,089.00 for the construction of the Berry/Vaughn Interchange on US Highway 287 (Southbound Frontage Road); and (2)Authorize the acceptance of up to$26,409.00 from the Texas Department of Transportation after construction of the project in accordance with the Local Project Advance Funding Agreement and Texas Department of Transportation regulations; and (3)Authorize the execution of an Advanced Funding Agreement with Renaissance Square, LLC to cover the City's matching obligations under the Local Project Advance Funding Agreement and a portion of the design work associated with the project; (4)Authorize the transfer in the amount of$199,120.00 from the 2004 CIP New Development Fund to the General Fund; and (5)Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund in the amount of$538,242.00 from available funds; and (6)Authorize the execution of an Enhanced Community Facilities Agreement with with Renaissance Square, LLC for design work associated with the project; and (7)Authorize an initial payment to the Texas Department of Transportation in the amount of$25,201.00. DISCUSSION: The Renaissance Square Project will be located on a 200 acre site of the former Masonic Home and School of East Fort Worth at the southwest comer of US Highway 287 and East Berry Street was presented to the City Council. Under an Economic Development Program Agreement between the City and Renaissance Square, LLC (the Developer) City Secretary Contract No. 39287, the Developer has committed to investing a minimum of$46 million to develop up to 500,000 square feet of retail/restaurant space on 63 acres located at the northern portion of the 200 acre site. (M&C C-23400) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13711&councildate=6/22/2010 9/16/2010 ivi&t_ Keview rage/_ ui Currently, the project is in the pre-development phase with construction activities to begin in the summer of 2010. The project is scheduled for completion by December 2012. The Texas Transportation Commission (Minute Order No. 111335 on April 24, 2008), authorized the Texas Department of Transportation(TxDOT)to extend the southbound frontage road from the BerryNaughn exit ramp through the intersection and plans for the reconstruction of the intersection, signals, and street lights. The proposed BerryNaughn exit ramp project is adjacent to the 200 acre Renaissance Square Project site(Project Site). In order to promote accessibility to Project Site,the Developer has requested the City to submit design plans to TxDOT for review and subsequent construction of the BerryNaughn exit ramp through a federally sourced Local Project Advance Funding Agreement(LPAFA) . The LPAFA requires a 20% local match. The BerryNaughn exit ramp total project cost utilizing the LPAFA is$1,526,089.00 which includes a required a 20% local match or $305,615.00. The estimated costs for right-of-way acquisition, utility relocation, and a portion of construction will be paid through the local match funds. Description Total Estimate 80 Percent Federal 20 Percent Local Cost Participation Participation R.O.W. $16,788.00 $13,430.00 $3,358.00 Acquisition Utility $16,224.00 $12,979.00 $3,245.00 Relocation Construction $1,367,070.00 $1,093,656.00 $273,414.00 SUBTOTAL $1,400,082.00 $1,120,065.00 $280,017.00 Direct State $126,007.00 $100,806.00 $25,201.00 Cost TOTAL LPAFA $1,526,089.00 $1,220,871.00 $305,218.00 The Developer will fund the City's$305,615.00 local match requirement pursuant to an Advance Funding Agreement between the City and the Developer. The BerryNaughn exit ramp design work cost is$206,615.00. The City and Developer will enter into an Enhanced Commuinity Facilities Agreement for the design work,with the City funding $199,120.00 from available Enhanced Community Facilities Bond funds and Developer funding the remaining $7,495.00. The City will retain ownership of the design plans. City staff will manage the engineering design, right-of-way acquisition and utility relocation for this project. TxDOT will manage the construction of the BerryNaughn exit ramp project. Prior to construction, TxDOT will schedule public meetings and outreach for the project as necessary. Staff is recommending the execution of the Agreements described above and the acceptance of estimated funds from TxDOT. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 21 GG01 451942 020XXXX $26.409.00 4)C202 538070 171779990100 $199,120.00 31 GG01 488100 020XXXX $312.713.00 7)GG01 539120 020XXXX $206,615.00 4)GG01 472202 020XXXX $199.120.00 8)GG01 539120 020XXXX $25.201.00 5)GG01 451942 020XXXX $26.409.00 5)GG01 488100 020XXXX $312,713.00 5)GG01 472202 _020XXXX $199-120.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13711&councildate=6/22/2010 9/16/2010 nn&u xeview rain ui 5)GG01 539120 020XXXX $538.242.00 Submitted for City Manager's Office by: Thomas Higgins(6192) Originating Department Head: Jay Chapa(5804) Additional Information Contact: Dolores Garza(2639) Cynthia Garcia(8187) ATTACHMENTS 17RS TURNAROUND REVISED AO.doc Berry 287 Interchange Plan.pdf S hop.pes....@_.__Re—aissance....Square.__SitePlan_08...21.08_.0f http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13711&councildate=6/22/2010 9/16/2010