Loading...
HomeMy WebLinkAbout061514-A1 - Construction-Related - Contract - Forestar (USA) Real Estate Group Inc.City of Fort Worth, Texas First Amendment to City Secretary Contract No. 61514 Page 1 of 4 Date Received: _______________ City Secretary Time Received: ______________ Contract No.: ____________ FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 61514 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND FORESTAR (USA) REAL ESTATE GROUP INC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 61248 (“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 Forestar (USA) Real Estate Group Inc., a Delaware corporation (“Developer). WHEREAS, the City and D.R. Horton – Texas, LTD. entered into that certain City Contract Number 61514 Community Facilities Agreement dated June 7, 2024 for the construction of public infrastructure Improvements for a Project known as Lone Star at Liberty Trails Phase 1B, City Project Number 105130 (“CFA”); and WHEREAS, D.R. Horton – Texas, LTD. assigned Forestar (USA) Real Estate Group Inc. all of its right, title and interest in the CFA by that certain Consent to Assignment of Community Facilities Agreement (City Secretary Contract No. 61514-CA1) dated June 1, 2024; and WHEREAS, Developer provided the City with a development bond as the financial guarantee for the Improvements in the CFA; and WHEREAS, Developer has agreed to use City inspectors to inspect the storm drainage improvements along with the water and sewer improvements; and WHEREAS, the City and Developer desire to amend the CFA to reflect the estimated additional construction inspection service fees; 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 Number 61514: 1. Section 36 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. 2. Section 14 of the CFA is amended in its entirety to be and read as follows: 14. City of Fort Worth, Texas First Amendment to City Secretary Contract No. 61514 Page 2 of 4 Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Pursuant to the Amended Development Agreement and the Utility and Infrastructure Agreement, inspections and testing of all other improvements, except water, sewer and storm drain Improvements, shall be performed by inspectors retained and paid for by the Brookfield Water Control and Improvement District of Denton County (“District”), or the property owner on behalf of the District, said inspectors to be approved by the City. Copies of all inspection and testing reports shall be provided to the City by the Developer within five (5) business days of the date of the inspection. The City shall have the right to test the Improvements at any time and to participate in final inspection of all Improvements. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 3. Section 15 of the CFA is amended in its entirety to be and read as follows: 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City’s list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. Pursuant to the Amended Development Agreement and the Utility and Infrastructure Agreement, material testing of Improvements, except for water, sewer and storm drain Improvements, shall be performed by inspectors retained and paid for by the District, or the property owner on behalf of the District. Copies of all testing reports shall be provided to the City by the Developer within five (5) business days of the date of the inspection. The City shall have the right to test the Improvements at any time. 4. a. All other provisions of City Secretary Contract No. 61514 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 No. 61514. City of Fort Worth, Texas First Amendment to City Secretary Contract No. 61514 Page 3 of 4 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 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 Date: ________________ ATTEST: Jannette S. Goodall City Secretary DEVELOPER Forestar (USA) Real Estate Group Inc. Stephen Brim Vice President Investments & Development 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. Name: Kandice Merrick Title: Contract Compliance Manager City of Fort Worth, Texas First Amendment to City Secretary Contract No. 61514 Page 4 of 4 EXHIBIT A 36. Cost Summary Sheet Project Name: Lone Star at Liberty Trails Phase 1B CFA No.: 24-0008 City Project No.: 105130 IPRC No: 23-0131 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 1,379,449.00$ 2. Sewer Construction 1,059,106.00$ Water and Sewer Construction Total 2,438,555.00$ B. TPW Construction 1. Street 1,911,151.05$ 2. Storm Drain 1,264,113.00$ 3. Street Lights Installed by Developer 287,744.17$ 4. Signals -$ TPW Construction Cost Total 3,463,008.22$ Total Construction Cost (excluding the fees):5,901,563.22$ Estimated Construction Fees: C. Construction Inspection Service Fee $16,200.00 D. Construction Inspection Service Fee (Storm Drain)$18,300.00 D. Administrative Material Testing Service Fee $8,330.00 E. Water Testing Lab Fee $1,650.00 Total Estimated Construction Fees:44,480.00$ Financial Guarantee Options, choose one Amount Choice (Mark one) Bond = 100%5,901,563.22$ x Completion Agreement = 100% / Holds Plat 5,901,563.22$ Cash Escrow Water/Sanitary Sewer= 125%3,048,193.75$ Cash Escrow Paving/Storm Drain = 125%4,328,760.28$ Letter of Credit = 125% 7,376,954.03$ f ORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Forestar (USA) Real Estate Group Subject of the Agreement: CFA-Amendment ------------------------ M&C Approved by the Council?* Yes D No Ii If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes Ii No D 61514 -----------If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes Ii No □ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes D No Ii If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: --------If different from the approval date. If applicable. Is a 1295 Form required? * Yes D No Ii * If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 105130 ----------- *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes Ii No D Contracts need to be routed for CSO processing in the following order: 1.Katherine Cenicola (Approver) 2.Jannette S. Goodall (Signer) 3.Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.