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HomeMy WebLinkAbout065357-A1 - Construction-Related - Contract - PMB Team Ranch Devco, LLCDate Received: 09/30/2026 Time Received: 4:18 p.m. City Secretary Contract Number: 65357 -Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 65357 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMB TEAM RANCH DEVCO LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 65357 ("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 PMB TEAM RANCH DEVCO LLC ("Developer"). WHEREAS, the City and Developer entered into a Community Facilities Agreement for the Construction of public infrastructure improvements for a Project known as Rockbrook Offsite 24" WSIV Waterline, City Project Number 106272, City Secretary Contract Number 65357 ("CFA"); and WHEREAS, on August 25, 2026, the City Council approved City participation in the CFA in an amount up to $2,457,659.70 for the construction and oversizing of approximately 6,043 linear feet of water mains of various pipe sizes (Mayor and Council No. 26-0805); and WHEREAS, City and Developer desire to amend the CFA to reflect the inclusion of City participation. 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. 65357: 1. The CFA is amended to delete the following recital in its entirety: WHEREAS, the City is not participating in the cost of the Improvements or Project; and OFFICIAL RECORD 2. CITY SECRETARY The CFA is amended to add the following recitals: FT. WORTH, TX WHEREAS, the City's participation in this Agreement shall be in an amount not to exceed $2,457,659.70 for the City's portion of the cost of oversizing water mains; and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $2,064,830.79 for construction costs, $3,683.23 for IPRC plan review fees, $249,464.25 for design services costs, $1,768.67 for the CFA application fee, $42,300.00 for easement acquisition, and $61,944.92 for City of Fort Worth, Texas First Amendment to City Secretary Contract No. 65357 Page 1 of 5 material testing costs. The remaining City Participation in the amount of $33,667.84 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 9 of the CFA is amended to incorporate subsection (h), which shall be and read as follows: (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 4. Section 36 of the CFA is amended in its entirety to be and read as set forth in Exhibit "A" of this First Amendment. 5. The CFA is amended to incorporate Section 37, which shall be and read as follows: 37. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer in amounts not to exceed $2,064,830.79 for construction costs, $3,683.23 for IPRC plan review fees, $249,464.25 for design services costs, $1,768.67 for the CFA application fee, $42,300.00 for easement acquisition, and $61,944.92 for material testing costs. The remaining City Participation in the amount of $33,667.84 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. During construction of the Improvements, Developer will receive applications for payment from Developer's contractors. Developer shall verify that each application for payment is due and payable under the construction contracts between Developer and the contractors and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City, in the form of an invoice, no more frequently than one time per month to obtain reimbursement of the City Participation (each a "Payment Request"). Each Payment Request shall be delivered to the City utilizing the City's eBuilder software application and the spreadsheet approved by the City. Each Payment Requested submitted by Developer shall be accompanied with proof that: (1) Developer has paid the contractors for the amount included in the Payment Request; and (2) an affidavit and lien release from the contractors indicating that Developer has paid the contractors in full for the amount included in each Payment Request and the contractors have paid all subcontractors and material suppliers in full. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The cost of any charge orders must be agreed upon in writing by the parties and the party or parties benefitting from the change order must pay the costs as outlined in the written change order signed by the parties. The City Participation for construction costs was calculated as follows: City of Fort Worth, Texas First Amendment to City Secretary Contract No. 65357 Page 2 of 5 UNIT I: WATERIMPRO[E1fET-IS Item Selection CO?TLR4CIOR C1W Bidlist item Category Item Description UaiI of Ali — Bid Quantity Unit Price Unit Valve Unit Price Unit Value Cite Partiripauo-n I Division_ 02_Existing_Conditions Remove Fence LF 75.0 $.10.00 5750.00 $50.00 $3.750.00 575000 2 Division 32 Exterior Im rnvements Smooth Wire Fence. Metal Posts LF 75.0 $20.00 $1.500.00 $25.38 $1.903.50 $1.500.00 3 Divisinn_33_Utilities Cathodic Protection LS 1.0 55500.00 55,500.00 $84,500. 584.500.00 $5.50000 4 Division_33_Utllities Teench Safety LF 5.580.0 52.00 811.160.00 $1.00 85..580. $5,550.00 5 Divistun 33 Utilities Utility Markers LS 1.0 53,50000 03_50000 520600 5206O0 $20600 6 Division_33_Utililies 42" Casing By Other Than 6pen Cut LF 479-0 01,280. 5613.120.00 51,600. $766.400.00 $613,120.00 7 Division 33 Utilities 42" Casing By Open Cut IF 137.0 $720.00 $98.640.00 $60000 882._' 00.00 882200.00 8 Division_33_Utilities 24" Water Carrier Pipe I.F 604.0 5594.00 $358,776.00 5600.00 5362.400,00 535877600 9 Div.sson33 Utiutties Ductilelron Water Fittengswl Restraint TON 10_S93 $17.50000 $19067750 $972900 $10597800 $105.978.00 10 Division_33_Utilities 8"Water Pipe LF 23.0 $54-00 $1.24200 $118.00 $'2,714.00 $1.242.00 Il Division 33 Utilities 74" Water Pipe LF 5420.0 $23250 $1'260.15000 523500 S1.?.73700.00 $1260,150.00 12 Division 33 Utilities Comrection to Exisliag 24" Water Main LA 1.0 $24,500.00 $_24.500.00 36,081..00 $6.081.00 $6,081.00 13 Division 33 Utilities 4" Combination Air Valve AssemblySor Waler EA 1.0 $34,500.00 534,500.00 $24,767.00 $24.767.00 52476700 14 Division 33 Utilihesi 8" Gate Valve EA 2.0 82,500.00 $5,000.00 82_,597.00 $5.,194.00 $5.000.00 15 Divisson_33Utilities 24" Gate Valve w1 Vault EA 8.0 048.750. $390.000.00 $43 82000 $350360.00 $350.560 00 16 Division_ 33_Utilites Water Sampling Station FA 6.0 $5500.00 $33,00000 $11,000.00 $66,000.00 $33.000.00 07 Division33 Utilities 8" Blow OffVaive EA 3.0 $18.500.00 $55,500.00 520,064.00 $60.192.00 555.50000 18 Division_ 02_Esisting_Conditioes 24" Pressure Plug EA 1.0 02,500.00 $2.500.00 5_'42800 52.428.00 02.428 00 09 Division 33 Utilities Fire Etydrant FA 1.0 53,500.00 03,500.00 516.87300 010.87300 $3,500.00 20 Division_34_Transportatron Traffic Control MO 4.0 $3,500.00 $14,000.00 3.250.0 $13..000.00 $13,000.00 Contractor total 53,107,465.50 $2,928,838.00 Cite Participation 70.5% 52,084,830.74 (b) Substantial completion of the Improvements shall occur after Developer's contractors notify the City that the Improvements are constructed and ready for their intended use, the City and Developer's contractors inspect the Improvements, and the City concurs that the Improvements are substantially complete. This City will withhold 5% in retainage from each payment made to Developer. Retainage shall be paid by City to Developer 60 days after the Improvements are constructed and accepted by the City and Developer delivers an invoice to the City. (c) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. 6. a. All other provisions of City Secretary Contract Number 65357 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 Number 65357. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas First Amendment to City Secretary Contract No. 65357 Page 3 of 5 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 DEVELOPER PMB TEAM RANCH DEVCO LLC, A Texas limited liability company Jesica McEachern By: PMB Team Ranch Manager LLC, Assistant City Manager A Texas limited liability company, Its Manager Date: 09/29/2026 Recommended by: Dwayne Hollars Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Jessika Williams Assistant City Attorney M&C No. 26-0805 Date: 8/25/2026 Form 1295: 2026-1485099 4 nvan Lp f�pt R ATTEST: Pvo �=d A aaQygz4saa Jannette S. Goodall City Secretary City of Fort Worth, Texas First Amendment to City Secretary Contract No. 65357 Page 4 of 5 Taylor aird (Sep 17, 2026 10:49:18 CDT) K. Taylor Baird Manager Date: 09/17/2026 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 Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A 36. Cost Summary Sheet Project Name: Rockbrook Offsite 24" WSIV Waterline CFA No.: 26-0070 City Project No.: 106272 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total IPRC No.: 25-0124 Developer's Cost City's Cost Total Cost $ 1,042,634.71 $2,064,830.79 $ 3,107,465.50 $ - $ - $ $ 1,042,634.71 $2,064,830.79 $ 3,107,465.50 B. TPW Construction 1. Street $ - $ - $ - 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. Water Testing Lab Fee F. Material Testing G. Design Services H. IPRC Plan Review Fees I. CFA Application Fee J. Easement Acquisition Total Estimated Construction Fees: TOTAL PROJECT COST $ 1,042,634.71 $ 2,064,830.79 $ 3,107,465.50 $ 12,445.31 $ 29,742.19 $ 42,187.50 $ 1,463.44 $ 3,497.36 $ 4,960.80 $ 179.21 $ 428.29 $ 607.50 $ - $ 61,944.92 $ 61,944.92 $ 104,385.75 $ 249,464.25 $ 353,850.00 $ 1,541.21 $ 3,683.23 $ 5,224.44 $ 740.08 $ 1,768.67 $ 2,508.75 $ 17,700.00 $ 42,300.00 $ 60,000.00 $ 138,455.00 $ 392,828.91 $ 531,283.91 $ 1,181,089.71 $ 2,457,659.70 $ 3,638,749.41 Financial Guarantee Amount Bond = 100% $ 3,107,465.50 I X City of Fort Worth, Texas First Amendment to City Secretary Contract No. 65357 Page 5 of 5 FORT WORTH. MAYOR AND CO NCIL CO NICATJON 7.5.3 RO BROOK OFF -SITE WATER LINE OVERSIZING AGREEMENT CK DATE: 08/25/26 M&C FILE NUMBER: M&C 26-0805 DEPARTMENT: TER SUBJECT (CD 3) Authorize Execution of a Community Facilities Agreement with City Participation in an Amount Up to $2,457,659.70 with PMB Team Ranch Devco, LLC for the Construction of Approximately 6,043 Linear Feet of Oversized Water Mains of Various Pipe Sizes for Anticipated Future Growth in Southwest Fort Worth, Adopt Resolution Expressing Official Intent to Reimburse Expenditures from Proceeds of Future Debt Project, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2026-2030 Capital Improvement Program RECO NDATION It is recommended that the City Council: 1. Authorize execution of a Community Facilities Agreement with City participation in an amount up to $2,457,659.70 with PMB Team Ranch Devco, LLC for the construction of approximately 6,043 linear feet of oversized water mains of various pipe sizes for anticipated future growth in southwest Fort Worth; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future enterprise fund debt for the Community Facilities Agreement- Rockbrook Off -Site 24 -inch Water Line; and 3. Adopt the attached appropriation ordinance adjusting estimated appropriations in the Water and Sewer Commercial Paper Fund by decreasing estimated appropriations in the Commercial Paper project (City Project No. UCMLPR) in the amount of $2,767,385.00 and increasing estimated appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) by the same amount for the purpose of funding the Community Facilities Agreement- Rockbrook Off -Site 24 -inch Water Line project (City Project No. 106272) and to effect a portion of Water's contribution to the Fiscal Years 2026-2030 Capital Improvements Program. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a Community Facilities Agreement (CFA) with PMB Team Ranch Devco, LLC (Developer) with City participation in amount up to $2,457,659.70. 1 of 4 FORT WORTH. Developer is constructing the Rockbrook development project located south of Interstate - Highway (IH) 20 and along Farm to Market Road (FM) 2871. The Developer is required to extend the water line to serve the proposed development. The Water Department is requesting to oversize approximately 4,161 linear feet (LF) of water line from 12 -inches to 24 -inches and 1,882 LF from 8 -inches to 24 -inches for anticipated future growth in the area. The Rockbrook Off - Site 24 -inch Water Line project is assigned City Project No. 106272 and Accela System Record Infrastructure Plan Review Center (IPRC) 25-0124. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's CFA unit price ordinance. The City's cost participation in the oversizing of the water line is estimated to be an amount up to $2,457,659.70 as shown in the table below. Payments to the Developer are estimated to be: $2,064,830.79 for construction costs, $3,683.23 for IPRC Plan Review Fees, $1,768.67 for the CFA Application fee, $42,300.00 for Easement Acquisition, $61,944.92 for material testing costs and $249,464.25 for design services costs. The remaining City Participation in the estimated amount of $33,667.84 will cover the City's portion of inspection fees, administrative material testing fees, and water lab testing fees. An additional $309,724.62 in contingency funds will cover the City's portion of any change orders. The following table shows the cost -sharing breakdown for the project between all parties: Public Improvements Developer Cost City Cost Total Cost Water Improvements $1,042,634.71 $2,064,830.79 $3,107,465.50 Contingency $0.00 $309,724.62 $309,724.62 Construction Fees A. Construction Inspection Fee $12,445.31 $29,742.19 $42,187.50 B. Admin Material Testing Fee $1,463.44 $3,497.36 $4,960.80 C. Water Lab Fee $179.21 $428.29 $607.50 D. Material Testing Cost- City's cost $0.00 $61,944.92 $61,944.92 E. Design Services $104,385.75 $249,464.25 $353,850.00 F. IPRC Plan Review Fees $1,541.21 $3,683.23 $5,224.44 G. CFA Application Fee $740.08 $1,768.67 $2,508.75 2 of 4 FORT WORTH. H. Easement Acquisitions $17,700.00 $42,300.00 $60,000.00 Total Cost $1,181,089.71 $2,767,384.32 $3,948,474.03 The reimbursement of the City participation is not a lump sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. It is the practice of the Water Department to appropriate its Capital Improvement Program (CIP) plan throughout the Fiscal Year (FY), instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2026-2030 CIP. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. Funding is available in the Commercial Paper project within the Water & Sewer Commercial Paper Fund for the purpose of funding the CFA- Rockbrook 24 -inch Water Line - offsite project. Funding for the CFA- Rockbrook 24 -inch Water Line - offsite is as depicted in the table below: Existing Additional Fund Appropriations Appropriations Project Total W&S Commercial Paper - Fund 56032 $0.00 $2,767,385.00 $2,767,385.00 Total $0.00 $2,767,385.00 $2,767,385.00 This project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that funds are currently available in the Commercial Paper project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the CFA-Rockbrook-24 WL - offsite project 3 of 4 FORT WORTH. to support the execution of the agreement. Prior to an expense being incurred, the Water Department has the responsibility of verifying the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Jesica L. McEachern, # 5804 ORIGINATING BUSINESS UNIT HEAD: Christopher Harder, #5020 ADDITIONAL INFORMATION CONTACT: Suby Varughese, #8009 Elynn Ray, #7856 ATTACHMENTS 1. Map - Rockbrook Water Line Oversizing [7.5.3.1 - 1 page] 2. Ordinance Appropriation (R3) - Rockbrook Water Line Oversizing [7.5.3.2 - 2 pages] 3. Resolution R 2 Rockbrook Water Line Oversizing [7.5.3.4 - 1 page] 4. CONFIDENTIAL - FID Table - Rockbrook Water Line Oversizing [7.5.3.6 - 1 page] 5. CONFIDENTIAL - Project Budget Summary - Rockbrook Water Line Oversizing [7.5.3.7 - 1 page] 6. CONFIDENTIAL - Funds Availability - Rockbrook Water Line Oversizing [7.5.3.8 - 1 page] 7. CONFIDENTIAL - Form 1295 Certificate - PMB Team Ranch Devco [7.5.3.9 - 1 page] 4 of 4 FORT WORTH. 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 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ 65357 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? *Yes ❑ 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 the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 8 No 0 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106272 *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 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.