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Home My WebLink AboutContract 48135-A1 CITY SECRETARY CONTRACT NO, f 33'0 1 AMENDMENT NO. 1 TO COMMUNITY FACILITIES AGREEMENT FOR WALSH RANCH QUAIL VALLEY,PHASE 1B STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 48135 COUNTY OF TARRA.NT § AUTHORIZING M&C NO. NA WHEREAS, this Amendment No. I to Com>nunity Facilities Agreement for Walsh Ranch Quail Valley, Phase 1B, is entered into by the City of Fort Worth (the "gff") and Quail Valley Devco I, LLC the "Developer") effective upon execution by both parties. WHEREAS, the City and the Developer entered into Community Facilities Agreement 2016-043, City Secretary Contract No. 48135 with a construction cost amount of $1,488,234.50 for Walsh Ranch Quail Valley, Phase IB (the "Original CFA") which specified the construction of Water, Sewer, Paving (including certain sidewalks), Storm Drain and Street Lights and Signs (the"Original Infrastructure"); and WHEREAS, the Developer is in the process of constructing the Water, Sewer, Paving (except for the concrete sidewalks) and Stone Drain Improvements described in the Original CFA (the "Primary Infrastructure"); and WHEREAS, the concrete sidewalks and the Street Lighting Improvements covered by the Original CFA and described on Exhibit A require additional .time for completion by the Developer (the "Ancillary Infrastructure"); and WHEREAS, as reflected in Exhibit A, the construction cost for the Ancillary Infrastiucture is $354,931.19,with a total amount, inclusive of a 25% contingency, of$443,663.99; and WHEREAS, the Developer has submitted an application and necessary paperwork for a CFA for construction of the Ancillary Infrastructure; and WHEREAS, execution of this Amendment to the Original CFA will remove the Ancillary Infrastructure from the Original CFA; and WHEREAS, the Developer and the City entered into that certain Escrow Agreement for the Original CFA on September 1, 2016 (City Secretary Contract No. 48136) (the "Escrow Agreement") whereby the Developer pledged funds in the amount of$1,860,293.13 representing 125%of the estimated Developer's cost of the Original Infrastructure; and WHEREAS, upon final acceptance and final project reconciliation by the City of the Primary Infi•astructure, including receipt of any required lien waivers, , the City will authorize the Escrow Agent to release funds in an amount up to $1,416,629.14, inclusive of any draws previously made pursuant to the Escrow Agreement leaving a balance of $443,663.99, which will be retained pending completion and acceptance of the Ancillary Infrastructure, subject to periodic withdrawals of such funds pursuant to Section 9 of the Escrow Agreement; and WHEREAS, the Escrow Agreement will apply to the Ancillary Infrastructure and will be referenced and incorporated into Developer's new CFA for completion of the Ancillary Infrastructure; and iWENDMENT NO. 1 CFA Walsh Ranch Quail Valley,Phase IB OFFIC;k� �,j,... Page i of 3 CITY;; CReg6Y FT WORTH TX WHEREAS, the Developer will amend or change order its construction contracts, as needed, to reflect the changes in the work reflected herein and all bonding required by the City (Payment, Performance Maintenance supplied by Developer's contractor(s)) shall remain in place and in full force and effect and shall be applied to the Ancillary Improvements under the new CFAs; and WHEREAS, upon completion and final acceptance of the Ancillary Improvements CFA, the Payment and Performance bonds will be closed as per normal City practices and the Warranty Bond for the Original Improvements will become effective; and WHEREAS, Developer agrees to maintain and hereby warrants against damage, all Primary Infrastructure until the warranty/maintenance period begins after completion and final acceptance of the Ancillary Improvements CFA; NOW THEREFORE, in consideration of the recitals above which are hereby incorporated, City and the Developer, acting herein by and through their duly authorized representatives, amend the Original CFA as follows: 1. The Ancillary Infrastructure described in Exhibit A is hereby removed from the Original CFA and will be the subject of a separate CFA to be executed by the City and the Developer. 2 The Original CFA shall be deemed to be amended in all respects to reflect removal of the Ancillary Infrastructure described in Exhibit A from the Original CFA. In the event of any conflict between the Original CFA and this Amendment No. 1,this Amendment shall prevail. 3. Developer agrees to maintain and repair any damage to the Primary Infrastructure until the completion and final acceptance of the Ancillary Infrastructure CFA, at which time the maintenance/warranty bond shall become effective. 4. All other provisions of the Original CFA not herein amended shall remain in full force and effect. AMBNUMBNTNO. i CFA Walsh Ranch Quail Valley,Phase I B Page 2 of 3 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has duly executed this instrument in quadruplicate to be effective as of the date subscribed by the City's designated City Manager. Approved by City Manager's Office: Developer: Quail Valley Devco 1,LLC, A Texas limited liability company Jesus J. Chapa Assistant City Manager By: RPG QVR, C, �/ a Te si t lia ility company,its Manager Date: � By: Clint Yeager ice President Date: Recommended By: Water Department Trausportatiori &Public Works 1J �j Wendy C Babulal,EMBA,P.E. Dougl . Wiersig,;:E. Development Engineering Manager Director Y OFFO Approved as to Fornz &Legality ATTEST:. Douglas . Black ary We O Assistant City Attorney City S M&C No.: A/ A- Date: By signing, I acknowledge tis I am the person responsible for the monitoring and administration of this contract including ensuring all performance and reporting requirements. 1295# N/A ame of Employee t uo G�y� Title AMENDMENT NO. I [FT. FFICIAL R� CFA Walsh Ranch Quail Valley,Phase I B Cool) Page 3 of 3 ITY:ECRETA Y' W®R`rm, Tx 004243 1/3112017 AAP•BID PROPOSAL Page I of I SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM Walsh Ranch-Quail Valley:PHASE 1B-Sidewalks&Street Lighting UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidiistltem Description Unit of Specification Bid Unit Price Bid Value No. Measure Section No. Quantity UNIT IV:PAVING IMPROVEMENTS 1 3213.0302 5"Conc Sidewalk SF 321320 2,350 $4.00 $9,400.00 2 3213.0506 Bartter Free Ramp,Type P-1 EA 321320 4 $1,200.00 $4,800.00 3 9999.0020 Barrier Free Ramp,Detail A EA 321320 12 $1,200.00 $14,400.00 4 9999.0009 6"Conc.Pvmt(Alley Sy 321313 792 $33.00 $26,136.00 5 3211.0501 6"Lime Treatment SY 32 11 29 913 $5.63 $5,140.19 6 3211.0400 Hydrated Lime 32 lbs/SY TN 321129 14 $175.00 $2,450.00 TOTAL UNIT IV:PAVING IMPROVEMENTSI $62,326.19 UNIT V:STREET LIGHTING IMPROVEMENTS 1 2605.3011 2"CONDT PVC SCH 80(T) LF 260533 3.055 $8.00 $24,440.00 2 3441.1501 Ground Box Type B EA 34 41 10 4 $750.00 $3,000.00 3 3441.3201 LED Lighting Fixture EA 34 41 20 32 $2.00000 $64,000.00 4 3441.3301 Rdwy Ilium Foundation TY 1,2,and 4 EA 34 41 20 32 $1,000.00 $32,000.00 5 3441.3350 Furnish/install Rdway ilium TY 8 Pole EA 34 41 20 32 $5,000.00 $160,000.00 6 3441.3404 2-2-2.4 Quadplex Alum Elec Conductor LF 34 41 20 3,055 $3.00 $9,165.00 7 TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $292,605.00 Bid Summary UNIT IV:PAVING IMPROVEMENTS $62,326.19 UNIT V:STREET LIGHTING IMPROVEMENTS $292,605.00 BidTotalj $354,931.19 25%contingencyl $88,732.80 Total Construction Bid $443,663.99 Contractor agrees to complete AVORK for F1NAt a Rcalendar days after the date when the CONTRACT commences to run as provided in the General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS•DEVELOPER AWARDED PROJECTS WALSH RANCH-QUAIL VALLEY-PHASE)B Fom Vosion Seplen,Mr 1,2015 RZ PROJECT 8303061.02 l � � �&0 WEATHERFORD ROADi. l' PROJECT SITE C , 4 Lo NORTH W .:::�::.,1`.a •� .,.,.,��5 .mom^.. .�-:�`.'sr' . INTERSTATE 30 _1 o LOCATION MAP o N.T.S. / N O �O O ' M O M ^a O 4 4 N Y N Q s r- oc o _ N s COVER SHEET o QUAIL VALLEY•PHASE 1 B- SIDEWALKS&STREET LIGHTING h a January 11,2017 N aWi RANK "r W mOaW � € r m � a. 406 C � ao � JIM. wIaSIa as�',�qm m Ho D it ilo i m co m p d / J ! • fir`/ � 1� m to M Q' CL o � Q rn M � O L 3z: NyJ .J OwS2 , twu '..� Q1 J F- r J E" woe� & UjiaQ,no �C t- m F5 o: Ic oyW {� OIC ,ROAD, 4 00 CD CL N N 15 tV r N � m