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HomeMy WebLinkAboutContract 50944-A1 05/24/19 CITY SECRETARY CONTRACT NO. L19q±-a I 4:59 pm FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50944 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND WALTON DEVELOPMENT& MANAGEMENT TX,LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50944 ("First Amendment") is made and entered into by and between the City of Fort Worth, Texas ("City"), a home-rule municipal corporation of the state of Texas, and Walton Development & Management TX, LLC ("Developer"), a Texas limited liability company. WHEREAS, City and Developer entered into a Community Facilities Agreement, City Secretary Contract No. 50944("CFA"),wherein Developer is to make certain public infrastructure improvements related to a project generally described as Rock Creek Ranch Tarleton State University Brewer Blvd. ("Project"); and WHEREAS,prior to executing the CFA,the City and Developer,and other entities entered into a Financing Agreement and Limited Amendment to PID Reimbursement Agreement, City Secretary Contract No. 50770,establishing the financing and payment responsivities for the public infrastructure improvements being constructed pursuant to the CFA("Financing Agreement"); and WHEREAS, the cost summary table in the CFA does not match the payment responsibilities set forth in the Financing Agreement; and WHEREAS,City and Developer desire to amend the CFA to establish the correct financial responsibilities for the public improvements being constructed pursuant to 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 No. 50944: 1. The Cost Summary Table in the CFA is amended to be and read as follows: City of Fort Worth,Texas OFFICIAL RECORD First Amendment to City Secretary Contract No. 50944 CITY SECRETARY Page 1 of 3 FT. WORTH,TX Cost Summary Sheet Project Name: Rock Creek Ranch/Tarleton State University Brewer Blvd CFA No.: 2018-025 City Project No.: 101459 Developer's Cost W M Developer Cost TSU Items SUB CTR,LP (WALTON) City Cost PID Total Cost A. Water and Sewer Construction 1. Water Construction $ $ $ 2.Sewer Construction Contingency Water and Sewer Construction Total $ B. TPW Construction 1.Street $ 288,905.02 $ 220,566.88 $ 1,725, 5.60 $ 1,161,728.50 $ 3,397,006.00 2.Storm Drain $ 93,051.56 $ 123,156.07 $ 830, .51 $ 648,663.86 $ 1,695,216.00 3.Street Lights Installed by Developer $ 34,039.35 $ 30,794.97 $ 228, 8.16 $ 162,197.52 $ 455,690.00 4. Signals $ - TPW Construction Cost Total $ 415,995.93 $ 374,517.92 $ 2,784408.27 $ 1,972,589.88 $ 5,547,912.00 Total Construction Cost(excluding the fees): $ 415,995.93 $ 374,517.92 $ 2,784428.27 $ 1,972,589.88 $ 5,547,912.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ D. Water/Sewer Material Testing Fee(2%) $ Sub-Total for Water Construction Fees $ E. TPW Inspection Fee(4%) $ 15,278.26 $ 13,748.92 $ 102,t46.00 $ 72,415.69 $ 203,688.87 F. TPW Material Testing(2%) $ 7,639.13 $ 6,874.46 $ 51, 23.00 $ 36,207.85 $ 101,844.44 G. Street Light Inspsection Cost $ 1,361.57 $ 1,231.80 $ 9, 46.33 $ 6,487.90 $ 18,227.60 H. Signals Inspection Cost $ - TPW Construction Fees Subtotal $ 24,278.97 $ 21,855.18 $ 162,515.33 $ 115,111.44 $ 323,760.92 Total Construction Fees $ 24,278.97 $ 21,855.18 $ 162,$15.33 $115,111.44 $323,760.92 TOTAL PROJECT COST $ 440,274.90 $ 396,373.10 $ 2,947, 23.60 $ 2,087,701.32 $ 5,871,672.92 e Financial Guarantee Options,choose one Amount Choice (Mark one) Cash Escrow with Trustee $ 5,547,912.00 x 2. a. All other terms and conditions of the CFA shall remain�u full force and effect except as specifically set forth in this First Amendment. b. All terms of this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the CFA. [SIGNATURES ON FOLLOWING AGE] City of Fort Worth,Texas First Amendment to City Secretary Contract No. 50944 Page 2 of 3 IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Walton Development&Management TX, LLC Jesus J.Chapa(May 24,2019) 7M VL-k John Vick(May 24,2019) Jesus J. Chapa John Vick Assistant City Manager President Date: May 24,2019 Date: May 24,2019 Recommended by: l y.4.1� Evelyn Robe& (May 24,2019) Evelyn Roberts Project Assistant Approved as to Form &Legality: Richard A.McCracken(May 24,2019) Richard A. McCracken Sr.Assistant City Attorney M&C No. N/A Date: Form 1295: N/A ATTEST: O R T �� Contract Compliance Manager: Q By signing, I acknowledge that I am the person responsible for the monitoring and ivta�-N % Wiser LL,• Ma�Ser(M�2019) administration of this contract, including all Mary J.Kayser r performance and reporting requirements. City Secretary .•� •�X{A+� � Tanie Scarle-i t Morales • e Janie Scarlett Morales(May 24,2019) Janie S. Morales Development Manager rFT. AL RECORD City of Fort Worth,Texas ECRETARY First Amendment to City Secretary Contract No.50944 Page 3 of 3 ORTH,TX - —l_._...I