Loading...
HomeMy WebLinkAbout063595-A2 - Construction-Related - Contract - PMB Team Ranch Devco LLCSECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 1 of 4 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC Date Received: _______________City Secretary Contact No.: ___________ Time Received: _________________ SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMB TEAM RANCH DEVCO LLC This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 (“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”), 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 City and Developer previously amended the CFA to increase City Participation and correct the cost summary table, which was formalized under City Secretary Contract Number 63595-A1 (“First Amendment”); and WHEREAS, the Agreement includes City Participation in an amount not to exceed $2,902,950.92, but inadvertently omitted City participation for public bid advertisement costs and IPRC plan review fees; and WHEREAS, City and Developer desire to amend the CFA to increase the City Participation in the CFA to include public bid advertisement costs and IPRC plan review fees in an amount up to $18,391.67 as authorized by City Council on October 21, 2025 (Mayor and Council Communication No. 25-0973). 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 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, $411,620.14 for design costs, $12,282.49 for public bid advertisement costs, and $6,109.18 for IPRC plan review fees. 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 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 2 of 4 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC fees, administrative material testing fees, and water lab testing fees; and 2. 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, $411,620.14 for design costs, $12,282.49 for public bid advertisement costs, and $6,109.18 for IPRC plan review fees. 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: A. Construction Developer Cost City Cost Total Cost 1. Water $207,670.61 $952,500.39 $1,160,171.00 2. Sewer $92,406.49 $1,286,794.81 $1,379,201.30 3. Paving $12,350.44 $171,984.56 $184,335.00 Adjustment for Paving by Tarrant Co $31,864.19 ($31,864.19)$0.00 Total Construction Cost $344,291.73 $2,379,415.57 $2,723,707.30 3. Section 39 of the CFA is amended in its entirety to be and read as set forth in Exhibit A of this Second Amendment, which is attached hereto and incorporated herein by reference. 4. a.All other provisions of the CFA, which are not expressly amended herein, shall remain in full force and effect. b.All terms in this Second Amendment that are capitalized but not defined shall have the meanings ascribed to those terms in the CFA. [REMAINDER OF PAGE INTENTIONALLY BLANK] SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 3 of 4 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC IN TESTIMONY WHEREOF, the City and Developer have executed this instrument by their duly authorized representatives to be effective on the date signed by the City’s Assistant City Manager. CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: Recommended by: Dwayne Hollars Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Jessika Williams Assistant City Attorney M&C No. 25-0973 Date: 10/21/2025 Form 1295: 2025-1305258 ATTEST: Jannette S. Goodall City Secretary DEVELOPER PMB Team Ranch Devco LLC a Texas limited liability company By: PMB Team Ranch Manager LLC a Texas limited liability company Taylor Baird Manager Date: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. Kandice Merrick Contract Manager SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63595 Page 4 of 4 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMD TEAM RANCH DEVCO LLC Exhibit A 39. Cost Summary Sheet Project Name: Aledo Road Infrastructure CFA No. 25-0037 IPRC No. 24-0059 City Project No.105498 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction 207,670.61$ 952,500.39$ 1,160,171.00$ 2. Sewer Construction 92,406.49$ 1,286,794.81$ 1,379,201.30$ Water and Sewer Construction Total 300,077.10$ 2,239,295.20$ 2,539,372.30$ B. TPW Construction 1.a Street Paving 12,350.44$ 171,984.56$ 184,335.00$ 1.b Street Paving - Adjustment for Paving by Tarrant County 31,864.19$ (31,864.19)$ -$ 2. Storm Drain -$ -$ -$ 3. Street Lights Installed by Developer -$ -$ -$ 4. Signals -$ -$ -$ TPW Construction Cost Total 44,214.63$ 140,120.37$ 184,335.00$ Total Construction Cost (excluding the fees):344,291.73$ 2,379,415.57$ 2,723,707.30$ Estimated Construction Fees: C. Construction Inspection Service Fee 8,302.50$ 59,197.50$ 67,500.00$ D. Administrative Material Testing Service Fee 1,016.96$ 7,251.04$ 8,268.00$ E. Material Testing Cost Contingency -$ 44,785.90$ 44,785.90$ F. Water Testing Lab Fee 95.48$ 680.77$ 776.25$ G. Design Services 56,599.86$ 411,620.14$ 468,220.00$ H. Public Bid Advertisement Costs 1,722.63$ 12,282.49$ 14,005.12$ I. IPRC Plan Review Fees 856.82$ 6,109.18$ 6,966.00$ Total Estimated Construction Fees:68,594.25$ 541,927.02$ 610,521.27$ TOTAL PROJECT COST 412,885.98$ 2,921,342.59$ 3,334,228.57$ Financial Guarantee Amount Bond = 100%344,291.73$ X Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:10/21/2025 REFERENCE NO.: **M&C 25- 0973 LOG NAME:60ALEDO ROAD CFA AMENDMENT 2 CODE:C TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (CD 3) Authorize Execution of Second Amendment to a Community Facilities Agreement with PMB Team Ranch Devco LLC, Increasing City Participation in an Amount Up to $18,391.67, and Authorize a Waiver of the Community Facilities Agreement Amendment Fee RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of the Second Amendment to City Secretary Contract No. 63595, a Community Facilities Agreement with PMB Team Ranch Devco LLC, increasing City participation in an amount up to $18,391.67 for the Aledo Road project (City Project No. 105498); and 2. Authorize a waiver of the Community Facilities Agreement amendment fee. DISCUSSION: On April 8, 2025, Mayor and Council Communication (M&C) 25-0291, the City Council authorized the execution of a Community Facilities Agreement (CFA) with PMB Team Ranch Devco, LLC, with City particiation in an amount up to $2,704,245.59, for the Aledo Road project (City Project No. 105498) and appropriated funds for the project. The M&C did not include the City's participation on the paving improvements for the project. On June 24, 2025, M&C 25-0642, the City Council authorized the first amendment to the CFA increasing the City participation in an amount up to $198,705.33 for the paving costs and associated construction inspection service fees, administrative material testing service fees, and water testing lab fees, as well as waiving the CFA amendment fee. The City’s participation in the project does not include the City's portion of the Infrastructure Plan Review Center (IPRC) fees or public bid advertisement costs. The Water Department is requesting to increase City participation in an amount up to $12,282.49 for the IPRC fees and $6,109.18 for public bid advertisement costs for a total amount of $18,391.67. Contingency funds that were previously appropriated for the project will be used to cover the additional costs. The following table shows the cost sharing breakdown for the project between all parties: A. Construction Developer Cost City Cost Total Cost 1. Water $207,670.61 $952,500.39$1,160,171.00 2. Sewer $92,406.49$1,286,794.81$1,379,201.30 3. Paving $12,350.44 $171,984.56 $184,335.00 G. Adjustment for Paving by Tarrant Co $31,864.19 ($31,864.19) $0.00 Contingency $0.00 $343,300.29 $343,300.29 Inspections & Testing B. Construction Inspection Fee $8,302.50 $59,197.50 $67,500.00 C. Admin Material Testing Fee $1,016.96 $7,251.04 $8,268.00 Page 1 of 3M&C Review 10/28/2025http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33835&councildate=10/21/2025 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount D. Water Lab Fee $95.48 $680.77 $776.25 E. Material Testing Cost Contingency $0.00 $44,785.90 $44,785.90 F. Design Services $56,599.86 $411,620.14 $468,220.00 G. IPRC Plan Review Fees $1,722.63 $12,282.49 $14,005.12 H. Public Bid Advertisement Costs $856.82 $6,109.18 $6,966.00 Total Project Cost $412,885.98$3,264,642.88$3,677,528.86 Funding for the infrastructure Improvements for public water and sewer mains Aledo Road project is as depicted below: FUND Existing Appropriations Additional Appropriations Project Total* CFA Developer - Fund 30114 $9,319.46 $0.00 $9,319.46 W&S Rev Bonds Series 2022-Fund 56020 $3,515,725.00 $0.00 $3,515,725.00 Water/Sewer Bond 2016 - Fund 56005 $224,504.00 $0.00 $224,504.00 Total $3,749,548.46 $0.00 $3,749,548.46 * Numbers rounded for presentation purposes. Funding is budgeted in the Water & Sewer Revenue Bonds Series 2022 Fund for the Water Department for the purpose of funding the CFA-Aledo Road Stage 1 project, as appropriated. By approval of this M&C, the City Council finds that the waiver of the community facilities agreement amendment fee serves a public purpose because the amendment allows the City to reimburse the Developer for the City’s portion of the IPRC fees and public bid advertisement costs for the project and the project is for the design and construction of public infrastructure that will be owned and maintained by the City. The City Council further finds that adequate contractual controls are in place to carry out such public purpose. This project is in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the W&S Rev Bonds Series 2022 Fund for the CFA-Aledo Road Stage 1 project to support the approval of the above recommendations and execution of the amendment . Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. TO FROM Page 2 of 3M&C Review 10/28/2025http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33835&councildate=10/21/2025 Submitted for City Manager's Office by:Jesica McEachern (5804) Originating Department Head:Chris Harder (5020) Additional Information Contact:Suby Varughese (8009) Melissa Harris (8428) ATTACHMENTS 60ALEDO ROAD CFA AMEND 2 Updated FID.xlsx (CFW Internal) 60ALEDO ROAD CFA AMENDMENT 2 funds availability.pdf (CFW Internal) Aledo M&C exhibits.pdf (Public) Form 1295 Certificate 2025-1368417 (1).pdf (CFW Internal) PBS CPN 105498.pdf (Public) Page 3 of 3M&C Review 10/28/2025http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33835&councildate=10/21/2025 F�RT ��RTH�} City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: PMB Team Ranch Devco LLC Subject of the Agreement: cFA Amendment M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ 63595 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? XYes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If�different from lhe approval dale. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. 105498 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the infor7nation is required and if the information is nol provided, the contract will be returned to the department.