HomeMy WebLinkAboutContract 53495-A1 04/29/20
10:37 AM
CSC No.53495-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53495
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND WARE VISTA SOUTHGATE#1,L.P.
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
53495 ("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 Ware Vista Southgate
#1,L.P., a Texas limited partnership ("Developer").
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a project generally described as
Southgate Water Line, City Secretary Contract Number 53495 ("CFA"); and
WHEREAS, the CFA requires that retainage in the amount of ten percent be withheld
from each payment application made by Developer's contractor; and
WHEREAS, the City and Developer desire to amend the CFA to reduce the retainage
to five percent;
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends the CFA:
1.
Section F, subsection vii of the CFA is amended to be and read as follows:
vii. To include the following payment terms in the contract for construction of the
City Improvements, subject to the City's reasonable approval: The contractor
for the City Improvements shall submit payment requests to Developer. The
contractor shall withhold five percent (5%) retainage from each payment
request. Developer shall verify that each payment is due and payable under the
construction contract and shall forward each payment request for the City
Improvements (each, a"City Payment Request")to the City, as follows:
City of Fort Worth
TPW Department, IPRC Division
Attn: Khal Jaafari,Project Manager
200 Texas Street
Fort Worth, Texas 76102
Email: Khal.Jaafari@fortworthtexas.gov
The City shall pay the amount of each City Payment Request to Developer
within 30 days after receiving the invoice. Upon receipt of payment from the
City, Developer shall forward such payment to the contractor. Commencing
with contractor's second City Payment Request submitted to Developer, the
0
City of Fort Worth,Texas OFFICIAL RECORD
Amendment No. 1 to City Secretary Contract No. 53495 CITY SECRETARY
Pagel of 3
FT. WORTH,TX
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contractor shall provide to Developer an affidavit of payment and lien release
for the previous City Payment Request. Developer shall provide such affidavit
of payment and lien release to the City with the next City Payment Request. The
City shall have no obligation to forward payment to Developer for the second
City Payment Request or subsequent City Payment Requests until Developer
provides the City with an affidavit of payment and lien release from the
contractor verifying Developer's payment to contractor for the previous City
Payment Request. Developer shall not submit City Payment Requests to the
City more frequently than once per month. The Final City Payment Request
shall include a request for payment of all retainage that was withheld from each
City Payment Request. City shall not make the final payment for the City
Improvements until all construction, including punch-list items, has been
completed and accepted by the City.
2.
a. All other provisions of the CFA, 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 the CFA.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No.53495
Page 2 of 3
IN TESTIMONY WHEREOF, the City and Developer have each executed this First
Amendment by their duly authorized representatives to be effective on the date signed by the City's
Assistant City Manager.
CITY OF FORT WORTH DEVELO PER
Ware Vista Southgate#1,L.P.
By: VPC, GP, Inc.
bay e5 its General Partner
DanaBurghdoff( r29,20
Dana Burghdoff Colton Wright(Apr 28,i 020)
Assistant City Manager Name: Colton Wright
Title: Vice President
Date: Apr 29, 2020 Date: Apr 28,2020
Recommended by: ATTEST: (Only if required by Developer)
Evelyn Robe&(Apr 28,2020)
Evelyn Roberts/Jennifer Ezemack Name:
Project Assistant
Development Services Department
Approved as to Form &Legality:
�v✓
Richard A.McCracken(Apr 29,2020) Contract Compliance Manager:
Richard A. McCracken By signing, I acknowledge that I am the
Sr. Assistant City Attorney person responsible for the monitoring and
M&C No. N/A administration of this contract, including all
Date: performance and reporting requirements.
Form 1295: N LA _ 9.
FORT
® ' Name: Janie Scarlett Morales
ATTEST:
Title: Development Manager
Mary J. Kayser '' ,
City Secretary
OFFICIAL RECORD k
City of Fort Worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No.53495 FT ®��� ��
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