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Home My WebLink AboutContract 51610-A1 07/23/2021 CSC No.51610-A1 10:16 am FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51610 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND D.R. HORTON-TEXAS,LTD. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51610 ("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 D.R. HORTON - TEXAS,LTD., 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 Chapel Creek Phase 3, City Project Number 101317, City Secretary Contract Number 51610 ("CFA"); and WHEREAS, on January 12, 2021, through M&C 21-0009, the City Council approved the City's participation in the CFA in an amount not to exceed $418,164.12 to oversize the arterial street construction of Amber Ridge Drive in order to build the northern two lanes of Amber Ridge Drive between Wind Star Way and Academy Drive; and WHEREAS, City and Developer desire to amend the CFA to reflect the City's participation in the CFA; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends City Secretary Contract Number 51610: 1. The CFA is amended to add the following recitals: WHEREAS, the City's participation in this Agreement shall be in an amount not to exceed $418,124.12 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing in order to build the northern two lanes of Amber Ridge Drive between Wind Star Way and Academy Drive as authorized by the City Council through approval of M&C 21-0009 on January 12, 2021 ("City Participation"); WHEREAS, the City Participation includes reimbursement to Developer in an amount not to exceed $293,896.35 for construction costs, $65,448.50 for right-of-way, and $58,779.27 for engineer design costs. 2. The CFA is amended to add subsection S,which shall be and read as follows S. CITY PARTICIPATION. On January 12, 2021, through M&C 21-0009, the City OFFICIAL RECORD FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51610 A COMMUNITY FACILITIES AGREEMENT BETWEEN CITY SECRETARY THE CITY OF FORT WORTH AND D.R.HORTON—TEXAS,LTD. FT. WORTH, TX Council approved the City's participation in the CFA in an amount not to exceed $418,164.12 to oversize the Improvements Developer is responsible for constructing in order to build the northern two lanes of Amber Ridge Drive between Wind Star Way and Academy Drive. The City Participation paid by the City to Developer shall not exceed $293,896.35 for construction costs, $65,448.50 for right-of-way, and $58,779.27 for engineer design costs. City shall reimburse Developer for the City Participation after construction and acceptance by the City of all Improvements in this Agreement and delivery by Developer to the City of an invoice, proof that the Improvements have been constructed, and roof of the construction costs, right-of-way and engineering design costs. 3. The Cost Summary Sheet of the CFA is amended to be and read as follows: ITEMS DEVELOPER'S CITY COST TOTAL COST COST A. Water& Sewer Construction 1. Water Construction $615,791.00 $0.00 $615,791.00 2. Sewer Construction $1,075,413.00 $0.00 $1,075,413.00 WATER& SEWER CONSTRUCTION TOTAL $1,691,204.00 $0.00 $1,691,204.00 B. TPW Construction 1. Street $2,159,073.75 $284,328.78 $2,443,402.53 2. Storm Drain $889,965.00 $9,567.57 $899,532.57 3. Street Lights $240,659.06 $0.00 $240,659.06 4. Signals $0.00 $0.00 $0.00 TPW Construction Total $3,289,697.81 $293,896.35 $3,583,594.16 TOTAL CONSTRUCTION COST $4,980,901.81 $293,896.35 $5,274,797.35 Construction Fees C. Water/Sewer Inspection Fee 2% $33,824.08 $0.00 $33,824.08 D. Water/Sewer Material Testing Fee 2% $33,824.08 $0.00 $33,824.08 SUB-TOTAL FOR WATER CONSTRUCTION FEES $67,648.16 $0.00 $67,648.16 E. TPW Inspection Fee 4% $121,961.55 $0.00 $121,961.55 F. TPW Material Testing Fee 2% $60,980.78 $0.00 $60,980.78 G. Street Light Inspection Cost $9,626.36 $0.00 $9,626.36 H. Street Signs Installation Cost $0.00 $0.00 $0.00 SUB-TOTAL FOR TPW CONSTRUCTION FEES $192,568.69 $0.00 $192,568.69 TOTAL CONSTRUCTION FEES $260,216.85 $0.00 $260,216.85 Other Costs L ROW Acquisition $0.00 $65,488.50 $65,488.50 J. Engineering Design $0.00 $58,779.27 $58,779.27 TOTAL OTHER COSTS $0.00 $124,227.77 $124,227.77 TOTAL PROJECT COST $5,241,118.66 $418,124.12 $5,659,242.78 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51610 Page 2 of 4 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND D.R.HORTON—TEXAS,LTD. 4. 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51610 Page 3 of 4 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND D.R.HORTON—TEXAS,LTD. IN TESTIMONY WHEREOF, the City and Developer have executed this instrument by their duly authorized representatives to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER D.R.Horton-Texas,LTD. a Texas Limited Partnership Dana Burghdoff(Ju121,20 8:00 cDT) By: D.R.Horton,hlc. Dana Burghdoff _ a Delaware Corporation, Assistant City Manager it's Authorized Agent Date: J u 121,2021 �e� ai w/r C/a/-K Benjamin Clark(Jul21,202115:28 CDT) Name: Benjamin Clark Recommended by: Title: Assistant Vice President Date: J u l 21,2021 Evelyn roberts(Jul 21,202115:29 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Contract Compliance Manager: Development Services By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all Approved as to Form & Legality: performance and reporting requirements. yonnifer czarnack on behalf of �' Jennifer Ezernack on behalf of(Jul 21,2021 15:43 CDT) Richard A.McCracken(Jul 21,202116:21 CDT) Richard A. McCracken Janie Scarlett Morales Sr. Assistant City Attorney Development Manager M&C No: 21-0009 Date: January 12, 2021 Form 1295: 2020-700296 a ATTEST: °jcy �FFOR 4 ° �k_ d a/6 oo� P v000= Ronald P.Gonzales( ui 09:37 CDT) op d 00 �d Ronald P. Gonzales ��'� °0000 ° *p Acting City Secretary N.Q nEXASoAp OFFICIAL RECORD FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51610 CITY SECRETARY A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND D.R.HORTON-TEXAS,LTD. FT. WORTH, TX