HomeMy WebLinkAboutContract 50763-A1 08/28/19
8:28 AM
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50763
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
WALTON DEVELOPMENT &MANAGEMENT TX,LLC
CSC No.50763-A1
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50763
("First Amendment") is made and entered into by and between the City of Fort Worth ("City"),
a home-rule municipal corporation of the state of Texas,acting by and through its duly authorized
Assistant City Manager, and Walton Development & Management TX, LLC ("Developer"),
acting by and through its duly authorized representative.
WHEREAS, City and Developer entered into a Community Facilities Agreement, City
Secretary Contract No. 50763 ("CFA"), by which the Developer is constructing certain public
infrastructure improvements related to a project generally described as Rock Creek Ranch Tarleton
State University 36"Sanity Sewer Main("Project"); and
WHEREAS,City and Developer executed Change Order Number 1 to the CFA increasing
the City's Participation by$46,937.06, the Developer's participation by$5,593.58, and the PID's
participation by$96,665.60 (City Secretary Contract No. 60762-CO1); and
WHEREAS,City and Developer executed Change Order Number 2 to the CFA increasing
the City's Participation by$18,993.00,the Developer's participation by$2,263.43, and the PID's
participation by$39,115.57(City Secretary Contract No. 50763-CO2); and
WHEREAS, Change Order Numbers 1 and 2 resulted in a decrease in the City's
contingency funds for the CFA in the amount of$65,930.06; and
WHEREAS,City staff have determined that the Cost Summary Sheet in the original CFA
accurately reflected the Developer and PID cost participation figures but contained an error
regarding the amount of the City Participation which was listed as $885,032.00,but should have
been$904,348.00; and
rFT.
Aa RECORD'
City of Fort worth,Texas ECRETARY
First Amendment to City Secretary Contract No.50763
Page 1 of 5 ORTH, TX
WHEREAS,City and Developer desire to amend the CFA to correct the error and to reflect
the execution of Change Orders Numbers 1 and 2; and
WHEREAS, after execution of this First Amendment, the City will have $3,257.14 in
contingency funds remaining for the Project;
NOW THEREFORE, City and Developer enter into the following agreement, which
amends City Secretary Contract No. 50763 as follows:
1.
The Cost Summary Table in the CFA is amended to be and read in its entirety as set forth
in Exhibit"A"of this First Amendment.
2.
a. All other terms and conditions of the CFA shall remain in 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 PAGE]
City of Fort Worth,Texas
First Amendment to City Secretary Contract No. 50763
Page 2 of 5
IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to be
effective on the date signed by the City's Interim Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
Walton Development& Management TX,
LLC
Dana Burghdoff(A V,201 William Doherty(Aug 27,2019)
Dana Burghdoff William K.Doherty
Interim Assistant City Manager Chief Executive Officer
Date: Aug 27, 2019 Date: Aug 27,2019
Recommended by:
Evelyn Robe (Aug 27,2019)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form &Legality:
ra�,rv� A
Richard A.McCracken(Aug 27,2019)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A Contract Compliance Manager:
Date:
Form 1295: N/A
F 0 R Tr By signing, I acknowledge that I am the
O person responsible for the monitoring and
A.. administration of this contract, including all
performance and reporting requirements.
ATTEST- U
. ✓urii8 Suuadoi i i vralas
Ronald R aonzales � _ Janie Scarlett Morales(Aug 27,2019)
Ronald P.Gonzales(Aug 27,2019) �./�� '
Janie Scarlett Morales
Mary J.Kayser/Ronald Gonzales
City Secretary/Assistant City Secretary Development Manager
City of Fort Worth,Texas
OFFICIAL RECORD
First Amendment to City Secretary Contract No.50763 CITY SECRETARY
Page 3 of 5 FT WORTH,TX
EXHIBIT A
Cost Summary Sheet
Project Name: Rock Creek Ranch/Tarleton State University 36"Sanitary Sewer Main
CFA No.: 2017-135 City Project No.: 101142
Items Developer's Cost City's Cost PID Total Cost
A. Water and Sewer Construction
1. Water Construction $ - $ - $
2.Sewer Construction $ 75,454.36 $ 904,348.00 $ 1,342,860.64 $ 2,322,663.00
Water and Sewer Construction Total $ 75,454.36 $ 904,348.00 $ 1,342,860.64 $ 2,322,663.00
B. TPW Construction
1.Street $ - $ - $
2.Storm Drain $ $ $
3.Street Lights Installed by Developer $ $ $
4. Signals $ $ $
TPW Construction Cost Total $ $
Total Construction Cost(excluding the fees): $ 75,454.36 $904,348.00 $1,342,860.64 $2,322,663.00
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 1,509.09 $ 19,470.70 $ 26,857.21 $ 47,837.00
D. Water/Sewer Material Testing Fee(2%) $ 1,509.09_ $ 19,470.70 $ 26,587.21 $ 47,837.00
Sub-Totalfor Water Construction Fees $ 3,018.18 $ 38,941.40 $ 53,714.42 $ 95,674.00
E. TPW Inspection Fee(4%) $ - $ - $ -
F. TPW Material Testing(2%) $ $ $
G. Street Light Inspsection Cost $ $ $
H. Signals inspection Cost $ $ $
TPW Construction Fees Subtotal $ $ - -
Total Construction Fees $ 3,018.18 $ 38,941.40 $53,714.42 $95,674.00
TOTAL PROJECT COST(BEFORE CHANGE $ 78,472.54 $943,289.40 $1,396,575.06 $2,418,337.00
ORDERS)
Changer Order#1 $ 5,593.58 $46,937.06 $96,665.60 $149,196.24
Changer Order#2 $ 2,263.43 $18,993.00 $39,115.57 $60,372.00
TOTAL PROJECT COST(WITH CHANGE $ 86,329.55 $1,009,219.46 $:_,532,356.23 $2,627,905.24
ORDERS)
Financial Guarantee Options,choose one Amount
Cash Escrow with Trustee $ 2,253,231.24 x
*The City Council appropriated$85,503.20 in contingency funds for the Project. After execution of Change Order Number 1,Change
Order Number 2,and this First Amendment,$3,257.14 in City contingency funds are remaining.
••Costs,including total contract cost,and allocation,may change slightly as a result of final reconciliation of the Project. The PID
cost shall not exceed the percent allocation allowed under the indenture or most-recently approved Service and Assessment Plan.
The costs stated herein may be based upon construction estimates rather than actual costs. The
City's portion of inspection and material testing fees are directly allocated to the City's accounts
for charges and does not reimburse the Water Inspection and Material Testing Fees to the
Developer. The City's participation estimate shall be limited to the unit prices contained in City
of Fort Worth Ordinance No. 19192-06-2010, as amended, ("Unit Price Ordinance") or as
City of Fort Worth,Texas
First Amendment to City Secretary Contract No.50763
Page 4 of 5
determined by public competitive bid. The City's cost participation (excluding inspection and
material testing fees)is not a lump sum amount and may be less than stated above depending upon
actual quantities as shown on the Notice of Final Completion package (`Green sheet') and based
on unit prices from the construction contract documents. In no event shall the City pay more per
unit than as determined pursuant to the Unit Price Ordinance or public competitive bid.
City of Fort Worth,Texas
First Amendment to City Secretary Contract No.50763
Page 5 of 5