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Home My WebLink AboutContract 48080-A1 CITY CONTRACT NO.SECRETARY tNOW AMENDMENT NO. 1 TO COMMUNITY FACILITIES AGREEMENT FOR WALSH RANCH QUAIL VALLEY,PHASE 1A STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 48080 COUNTY OF TARRANT § AUTHORIZING M&C NO. NA WHEREAS, this Amendment No. 1 to Community Facilities Agreement for Walsh Ranch Quail Valley, Phase 1A, is entered into by the City of Fort Worth (the "Ciff") and Quail Valley Devco 1, LLC the "Developer") effective upon execution by both parties. WHEREAS, the City and the Developer entered into Community Facilities Agreement 2016-041, City Secretary Contract No. 48080 with a construction cost amount of $3,607,230.88 for Walsh Ranch Quail Valley, Phase IA (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 Storm 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 Infrastructure, is $437,006.50, with a total amount, inclusive of a 25%contingency, is$546,258.13; 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; and WHEREAS, the Developer and the City entered into that certain Escrow Agreement for the Original CFA on August 10, 2016 (City Secretary Contract No. 48079) (the "Escrow Agreement") whereby the Developer pledged funds in the amount of$4,509,038.60 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 Infrastructure, including receipt of any required lien waivers, the City will authorize the Escrow Agent to release funds in an amount up to $3,962,780.47, inclusive of any draws previously made pursuant to the Escrow Agreement, leaving a balance of $546,258.13, which will be retained pending completion and acceptance of the Ancillary lnfrastruchue, 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 AMENDNMISIT NO. 1 - CFA Walsh Ranch Quail Valley,Phase I A Page I of 3 OFFICIAL ft1 CORD CITY SECRETARY 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 larprovements 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. AMENDMENTNO. t CPA Walsh Ranch Quail Valley,Phase 1 A 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 I,LLC, A Texas limited liability company Jesus J. Chapa Assistant City Manager By: RPG QVR, LLC, J 1 a Tex, J' to lia ility company,its Manager Date: By: i e , ice President Date: Recommended By: Water Department Tra77�j &Public Works Wendy C -Babulal,EMBA,P.E. Douglas . Wiersig,P.E. Development Engineering Manager 0 R r Director A rov as to Form&Legali O' O ATTEST: Douglas W. Black Assistant City Attorney , ' City Secre M&C No.: /v Date: By signing, 1 acknowledge that 1 am the person responsible for the monitoring and administration of this contract including ensuring all performance and reporting requirements. 1295# N/A 1 ) L�_" e of Employee 0 :>dormen J ho z� Title AMENDMENTNo. I OFFICIAL RECORD CPA Walsh Ranch Quail Vallcy,Phase I A Page 3 o£3 CITY SECRETARY FT.WORTH,TX 1/3112017 004243 DAP-DIDPROPOSAL Pagc I of 1 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM Walsh Ranch-Quail Valley:PHASE 1A-Sidewalks&Street Lighting UNIT PRICE BID Bidder's Application Project hem Information Bidder's Proposal BidlistJte n 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 59,964 $4,001- $239,856.00 2 13213,0504 Barrier Free Ramp,Type M-2 EA 321320 4 $1, OD.001 $4,000.00 3 13213.0506 Barrier Free Ramp,Type P-1 EA 321320 42 $1,200.001 $50,400.00 TOTAL UNIT IV:PAVING IMPROVEMENTS $294,256.00 UNIT V:STREET LIG HTING IMPROVEMENTS 1 2605,3011 2"CONDT PVC SCH 80(T) LF 2605,33 4,087 $8.00 $32,696.00 2 3441.1501 Ground Box Type B EA 3441 10 13 $750.00 $9,750.00 3 3441.3201 LED Lighting Fixture EA 34 41 20 20 $550.00 $11,000.00 4 3441.3301 Rdwy Ilium Foundation TY 1,2,and 4 EA 344120 20 $1,200.00 $24,000.00 5 13441,3350 Furnish/Install Rdway Ilium TY 8 Pole EA 34 41 20 20 $2, 50-001 $51,000.00 6 3441.3404 2-2-2-4 Quadplex Alum Elec Conductor LF 34 41 20 4,087 $3.501 $14,304.50 TOTAL UNITY:STREET LIGHTING IMPROVEMENTS $142,750.50 Bid Summary UNIT IV;PAVING IMPROVEMENTS $294 256.00 UNIT V:STREET LIGHTING IMPROVEMENTS $142,750.50 Bid Total $437,006.50 25%Contingency $109,251.63 Total Construction Bid $546,258.13 Contractor agrees to complete WORK for.FINALra calendar days aper the date when the CONTRACT commences to run as provided in the General Conditions. CITY OF FORT WORTH SPANDA RD CONSTRUCTION SPECIPICATION DOCUMENTS-DEVELOPER AWA RIDED PROJECTS WA LSH RANCH-QUAIL VALLEY-PHASE 1A Fom,Vusion ScPlrndxr I,2015 HZ PROJECT 8303061.02 � � t WEATHEftECRD a r PRC3JECT*SFTE t � h 011 H �c :.�•..:, INS" � �_ f..,_ ^�,��;,.,.a�:::.::.,:�.. '.: INTERSTATE 30 LOCATIOIT MA P j of N.T.S. tV C7 iD O n O 2 H N� 2 .0 COVER SHEET M QUAIE.VALLEY-PHASE 2A- o SIDEWALKS&STREET LIGHTING ti January 11,2027 U RANCH 7 t f to Z LC y U) tou ED N Iz l � Al ui o.' z � � f`r+` ,ti `• ,� 11 M ., F J, v o J Lf) V Ci T F C? Cl "1' r. t p •� O .• t � � EEE ti n N MATCH LINE J +its rr Z Q cn e zcl iI , Az !t, CL , .i kw 3a NZ a� CL t 11 � ods • r .nf ��.:,, � � II i to to tia Qk 04 r !