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HomeMy WebLinkAboutContract 46503-A2 t CITY SECRETARY a L� CONTRACT NO.. �Q503'6a F, 2 �p1 ti% �� AMENDMENT No. 2 o��o TO CITY SECRETARY CONTRACT NO. 46503 DEVELOPER AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 46503, DEVELOPER AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant, Denton, and Wise Countries, Texas, acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, hereinafter referred to as the "City," and DOWNTOWN FORT WORTH INITIATIVES, INC., ("DFWII"), a Texas nonprofit corporation and acting by and through Andy Taft, its duly authorized president. RECITALS WHEREAS, the City of Fort Worth ("City") and DOWNTOWN FORT WORTH INITIATIVES, INC., ("DFWII"), made and entered into City Secretary Contract No. 46503 (the "Agreement") on March 10, 2015; and WHEREAS, the Agreement describes a scope of services for design and construction of pedestrian mobility facilities to mitigate closure of the 1 st Street rail crossing due to the Tower 55 project; and WHEREAS, the design and construction of pedestrian mobility facilities requires extensive community outreach and coordination with Burlington Northern Santa Fe (BNSF); and WHEREAS, on September 22, 2016 the City and DFWII executed City Secretary Contract No. 46503-A1 to extend the term of the agreement to expire on January 1, 2019 to allow DFWII to complete the scope of services; and WHEREAS, staff recommends amending the agreement to remove the limitation on funding artwork and extending the term to expire on January 1, 2020 to allow DFWII to complete their scope of services; and NOW THEREFORE, City and DFWII acting herein by and through their duly authorized representatives enter into the following that amends the Agreement: 1. Section 2. FUNDING is hereby amended to remove the limitation on funding artwork to read as follows: Section 2.5. Items for which the funding amount for this Agreement are not eligible include, but are not limited to: construction or rehabilitation of private buildings, fountains, parking Developer Agreement Amendment No. 2 CSC No. 46503 DFWII Page 1 of 2 Kt,, garages, earthwork necessary to raise proposed buildings out of the floodplain and other items not directly related mobility and not otherwise allowed under Section 2.6. Section 2.6 Items for which the funding amount of this Agreement are eligible include, but are not limited to, artwork, roadways, intersection improvements, bus stops, sidewalks, shade trees, landscaping, artwork, pedestrian/bicycle paths, transit stations and right of way or easements necessary for transportation facilities. Such items must be (a)physically located within or along the limits of the Project or (b) physically contiguous with the street closure and proximal pedestrian pathways, or(c) directly related to either the sidewalk, roadway or rail access necessary to make the Project viable. 2. Section 4. Services: Phases, Schedules and Community Facilities Agreement (CFA) is hereby amended to extend the term to complete the Project, to read as follows: Section 4.2 The work for the entire project shall be completed on or before January 1, 2020. DFWII shall be required to pay any additional costs related to the Project if the Project is not completed on or before January 1, 2020. EXECUTED on this the d 6J"Tay of1/C , 20/6"". CITY OF FORT WORTH DOWNTOWN FORT WORTH INITIATIVES,INC. Jesus Chapa dy Taft Assistant City Manager President APPROVED AS TO FORM ATTEST: F RT F 0 , :.b. AND LEGALITY: . Melinda Ramos Pvtaij K s Sr. Assistant City Attorney City Secretary .. •.. XAS CONTRACT AUTHORIZATION: M&C: None required Date Approved: OFFICIAL RECORD Developer Agreement Amendment No. 2 CSC No. 46503 CITY SECRETA RY DFWIIFT 1Page2_p�2�X