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HomeMy WebLinkAboutContract 49303-A1 CITY SECRETARY CONTRACT NO._ Trail Drive Extension Design Procurement Agreement Amendment No. 1 WHEREAS, Bass Foundation, LLC, (`BF") and the City of Fort Worth, ("City"), entered into a Design Procurement Agreement (CS No. 49303) (M&C C-28245, May 16, 2017) (the "DPA") for design of the Trail Drive Extension Project from University Drive to Lancaster Avenue (the "Project"); and WHEREAS, the DPA stipulates that the Project will be designed by a Design Consultant procured by BF, with such costs, up to a maximum amount, to be eventually reimbursed by the City and that after design,the Project will be bid and constructed by the City; and WHEREAS, the Project was duly advertised and a contract awarded to McClendon Construction, Inc. on October 10, 2017 (M&C C-28429) ("Construction Contract") and during the course of construction, BF requested that additional facilities and infrastructure improvements be incorporated into the Project, including additional electrical items for power supply and color stamped concrete pavers, which additional improvements will be incorporated into the Construction Contract via change order at an estimated cost of $108,966.50 ("Change Order No. 2"); and WHEREAS, there is sufficient contingency funding in the Project's budget to cover the cost of Change Order No. 2; and WHEREAS, additional improvements may be identified by City or BF to be incorporated into the Construction Contract which may exceed the Project's budget; and WHEREAS, the City will offset the amount of reimbursement it owes to BF under the DPA by the amount of said future change order(s) should said future change order(s) exceed the City Project budget, however, the maximum offset may not exceed the amount of Change Order No. 2. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: A. Article 2 Compensation, at Paragraph 2.1 shall be amended by adding a new sentence as follows: "In the event that, upon completion of the Project, the total project cost exceeds the total project budget, including contingency, then the reimbursement due BF shall be reduced by the overage amount, subject to the limitation that the reduction in reimbursement shall not exceed the amount of Change Order No. 2." B. All other terms of the original Design Procurement Agreement not specifically amended or altered herein, including the original text of Paragraph 2.1, remain in full force and effect. A ACCORDINGLY, the City and BF have each executed ' -inst their OFFICIAL RECORD 9 CITY SECRETARY Amendment 1 to Trail Drive Extension DPA—CFW-Bass Foundation FT.WORTH,TX Page I of 2 duly authorized representatives in multiple originals to be effective as of the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH– Bass Fo ndation LC S san lanis Pete Geren Assistant City Manager Executive Director Date: �- Date: Recommended by: Transportation&Public Works Department A,� v. v DoughaW. Wiersig, P.E. Director Approved as to Form &Legality: M&C: +� Date: Douglas W. Black Assistant City Attorney ORT ATTEST: ary J. K City Secretary 1EXp,5 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Leon Wilson Senior Professional En ig neer Title OFFICIAL RECORD CITY SrCRETARY p r -r — PT WORTH, TX G'S .��303 Amendment 1 to Trail Drive Extension DPA—CFW-Bass Foundation Page 2 of 2