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