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Home My WebLink About053891-A3 - Construction-Related - Contract - Legends of Hanna Ranch, Ltd.CSC No. 53891-A3 THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 A DESIGN PROCUREMENT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND LEGENDS OF HANNA RANCH, LTD. This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 ("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 Legends of Hanna Ranch, Ltd., a Texas limited partnership ("Developer"). WHEREAS, the City and Developer entered into a Design Procurement Agreement for the engineering design for replacing public sanitary sewer mains M-295 and M-329 located in Village Creek, City Secretary Contract Number 53891 ("DPA"); and WHEREAS, the City and Developer amended the DPA to provide for additional engineering design services and infrastructure plan review for the replacement of an additional segment of sanitary sewer main M-329, City Secretary Contract Number 53891-A1; and WHEREAS, the City and Developer amended the DPA to add construction phase engineering services, City Secretary Contract Number 53891-A2; and WHEREAS, the City and Developer desire to amend the DPA to provide for additional engineering services for the Project due to the Project being rebid; and WHEREAS, on June 11, 2024, the City Council approved M&C 24-0509 authorizing an Amendment to the DPA in an Amount Not to Exceed $94,446,73 for the additional engineering services; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the DPA: The fifth recital of the DPA, which reads "WHEREAS, City will reimburse Developer for the City's portion of the design up to a maximum amount of $724,317.41; and" is amended to be and read: WHEREAS, City will reimburse Developer for the City's portion of the design up to a maximum amount of $818,764.14; and OFFICIAL RECORD 2. CITY SECRETARY FT. WORTH, TX Section 1.3 of the DPA is amended in its entirety to be and read as follows: 1.3 City agrees to reimburse Developer for 94.25% of the actual cost to design the Shared Line ("City's Share"), with total liability by the City for the City's Share not to exceed $458,771.30. City agrees to reimburse Developer for 100% of the THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 Page 1 of 3 A DESIGN PROCUREMENT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND LEGENDS OF HANNA RANCH, LTD. actual cost to design the 100% City Participation Line, with total liability by the City not to exceed $158,251.34, which includes IPRC design review fees in the amount of $7,800.00. City agrees to reimburse Developer 94.25% for the Shared Line and 100% for the City Participation Line for construction phase services of the Design Consultant in an amount not to exceed $201,741.50. The construction phase services of Design Consultant shall include public meeting presentation, additional construction site visits, coordination of change orders and bi-weekly reimbursements submittals, and final walk-thru. The design of the Project includes, as appropriate, the preparation of engineering drawings, studies, renderings, contract specifications, estimates, and other documents necessary to construct the improvement contemplated by this Agreement ("Construction Documents"). Developer shall pay all invoices received by Developer from Design Consultant for the design of the Project. Developer shall deliver to the City: (1) a copy of Design Consultant's invoice; (2) proof that Developer has paid Design Consultant for the City's Share of the design of the Shared Line included in each invoice; and (3) an invoice from Developer. Developer shall not submit invoices to the City for reimbursement until the amount that Developer seeks reimbursement for is equal to or exceeds $50,000.00. The City shall reimburse Developer for the City's Share of the actual design costs for the Shared Line that were paid by Developer, and for the 100% City Participation Line that are invoiced by Design Consultant to Developer within thirty (30) days of the City receiving from Developer a copy of the invoice from Design Consultant, proof of payment to Design Consultant by Developer for the Shared Line, and an invoice from Developer. City shall have the ultimate right to approve or disapprove the Construction Documents, such approval not to be unreasonably withheld, delayed, or conditioned. 3. Section 1.5 of the DPA is amended in its entirety to be and read as follows: 1.5 Provided the City has reimbursed Developer for all submitted invoices that collectively do not exceed $458,771.30 for the Shared Line, $158,251.34 for the 100% City Participation Line, and $201,741.50 for construction phase services for the Shared Line and the City Participation Line, City shall own the plans and other documents and work product Design Consultant creates for the design of the Project. In the Event this Agreement is terminated, City shall have the right to enter into an agreement with Design Consultant to complete the design of the Project. Developer shall include the City's ownership right in the plans for the Project and the City's right to enter into an agreement with Design Consultant to complete the design of the Project if this Agreement is terminated in Developer's agreement with Design Consultant. 4. a. All other provisions of the DPA, which are not expressly amended herein, shall remain in full force and effect. THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 Page 2 of 3 A DESIGN PROCUREMENT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND LEGENDS OF HANNA RANCH, LTD. b. All terms in this Third Amendment that are capitalized, but not defined, shall have the meaning assigned to those terms in the DPA. IN TESTIMONY WHEREOF, the City and Developer have each executed this Third 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: 07/02/2026 Recommended by: Christopher Hard (Jun 24, 2026 11:01:33 CDT) Chris Harder Director, Water Department Approved as to Form & Legality: Richard A. McCracken Sr. Assistant City Attorney M&C No. 24-0509 Date: 6/11/24 Form 1295: 2024-1161605 ooannpL V ATTEST: F°Rr a �s:0 °°'"�°ado $_s g9.+1°0 Pv= a=d PQ°* °° oaan��Xog44o Jannette Goodall City Secretary DEVELOPER Legends of Hanna Ranch, Ltd. a Texas limited partnership By: C.I.L. Holdings, LLC it's general partner By: CAMCOPRP MANAGEMENT, INC. It's manager ame: pA+ric k Gc.rri uti —smi h Title: V ite PreSikr4- a Gun d Glevttf?^e L Date: & 115 I R 0 Z (o OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. Matt Kusnir Sr. Capital Projects Officer THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53891 Page 3 of 3 A DESIGN PROCUREMENT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND LEGENDS OF HANNA RANCH, LTD. 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OA'd ZL B0� IZL tI ZL- LLHL6j z =u' N �SSw21 " r A a i FL II o m w ¢ z m a d' , < Z.� - > y O W 2¢ F p: .. i z J U e J l V v �. W W N i f. • 6ZEOOW • LU 19 � Y oA o 10 0 a l3VHOIWr z z j 0 �f z a w W OJ�Ha/k s c� J 0 � • w EM �G vdp.HJW o z Q SP P �� •T2 ... �N U •� z O �� %db GJ o'P •) V a s - W Aano0 �v •d as �z a) M COC 0 Q C SN G a) U) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2024-1161605 Legends of Hanna Ranch, Ltd Houston, TX United States Date Filed: 05/15/2024 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a I P RC20-0005 Utilities 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Max Miller and my date of birth is My address is 13141 Northwest Freeway Houston TX 77040 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on the 15 day of May 20_2. (month) (year) p Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.d378aba0 City of Fort Worth, Mayor and Texas Council Communication DATE: 06/11/24 M&C FILE NUMBER: M&C 24-0509 LOG NAME: 60HANNA RANCH DESIGN AGREEMENT AMEND 3 SUBJECT (CD 8) Authorize Execution of Amendment No. 3 to City Secretary Contract No. 53891, a Design Procurement Agreement with Legends of Hanna Ranch Ltd., Increasing City Participation in an Amount Not to Exceed $94,446.73 for Additional Engineering Services Necessary to Prepare the Bid Package and Provide Additional Construction Phase Engineering Services RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 3 to City Secretary Contract No. 53891, a Design Procurement Agreement with Legends of Hanna Ranch Ltd., increasing City participation in an amount not to exceed $94,446.73 for additional engineering services necessary to prepare the bid package and provide additional construction phase engineering services for the Hanna Ranch M-329 and M-295 Replacement project (City Project No. 102152). DISCUSSION: On June 25, 2019 Mayor & Council Communication (M&C C-29177), the City Council authorized execution of a design procurement agreement (DPA) with Legends of Hanna Ranch Ltd., in the amount of $458,771.30 for design project, project management and real property staff cost. On March 3, 2020 (M&C 20-0136), the City Council authorized Amendment No. 1 to the DPA in the amount of $158,251.34 to fund costs associated with engineering services for additional sewer design for increased project limits for the Hanna Ranch M-392 and M-295 Replacement project. On October 27, 2020 (M&C 20-0804), the City Council authorized the use of funds in the amount of $252,575.00 for land acquisition cost, project management, and real property staff cost. On November 30, 2021 (M&C 21-0919), the City Council authorized Amendment No. 2 to the DPA in the amount not to exceed $112,280.00, for additional engineering design services. The replacement and upsizing of public sewer mains M-295 and M-329 located in the Village Creek basin southeast of Interstate-35 and E. Altamesa Blvd provide additional capacity for future growth within the basin. Amendment No. 3 will fund costs to provide for additional engineering services necessary to prepare the bid package and provide additional construction phase engineering services in an amount not to exceed $94,446.73. This is due to the original contractor for the project abandoning the project and the City and developer desire to rebid the project to select a new contractor. Funding for the infrastructure Improvements for public sewer main M-295 and M-329 project is as depicted below: Existing Additional FUND j Appropriations Appropriations project Total" Govt Community Facilities Agmt - $14,000.00 $0.00 $14,000.00 Fund 30111 CFA Developer — Fund 30114 $69,537.23 $0.00 $69,537.23 W&S Community Facilities Agmt — $16,502.34 $0.00 $16,502.34 Fund 56008 Water/Sewer Bond 2016 — Fund 56005 $167,341.00 $0.00 $167,341.00 Water &Sewer Bond 2020A- Fund $1,329,602.00 $0.00 $1,329,602.00 56017 W&S Commercial Paper— Fund $8,711,004.00 $0.00 $8,711,004.00 56020 FUND ��AppropriationsIlAppropriations�� Existing Additional Project Total* Project Total $10,307,986.57 $0.00 $10,307,986.57 Funding is budgeted in the Water & Sewer Bond 2020A Fund for the Water Department for the purpose of funding the CFA-S.S. Mains M-295 and M-329 project, as appropriated. *Numbers rounded for presentation purposes. This project is in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Water & Sewer Bond 2020A Fund for the CFA-S.S. Mains M-295 and M-329 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 City Manager's Office W. Fernando Costa 6122 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Matt Kusnir 8219 Julie Perez 8226 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Legends of Hanna Ranch, Ltd. Subject of the Agreement: Third Amendment to Design Procurement Agreement 53891 M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 0 No ❑ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 06/11 /24 If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 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.