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Home My WebLink AboutContract 50908-A1 Date Received: Apr 14, 2020 City Secretary Time Received: 4:05 PM Number: 50908-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER50908 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND RIVERBEND INVESTMENTS,LTD This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50908 ("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 Riverbend Investments, LTD ("Developer"), a Texas limited partnership. WHEREAS,the City and Developer entered into a Community Facilities Agreement, City Secretary Contract No. 50908 ("CFA"), wherein Developer is to construct certain public infrastructure improvements related to a Project generally described as Trinity Boulevard;and WHEREAS, the City and Trinity River Authority of Texas ("TRA"), entered into an interlocal agreement ("ILA"), City Secretary Contract Number 49599, through which TRA is paying to the City the cost of the Improvements constructed by Developer;and WHEREAS, City is participating in the CFA with the funds the City receives from TRA pursuant to the ILA;and WHEREAS, Developer has requested additional reimbursement by TRA for a change order in the amount of$32,750.00, bond costs in the amount of$17,190.00, and engineering fees in the amount of $27,300.00, for additional reimbursement in the total amount of $77,240.00; and WHEREAS, TRA has paid $77,240.00 to the City in order for the City to reimburse Developer; and WHEREAS, City and Developer desire to Amend the CFA in order for City to reimburse Developer with the funds paid to the City by TRA; 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. 50908: EFT. RECORD City of Fort Worth, Texas ECRETARY Amendment No. 1 to City Secretary Contract No. 50908 ®RTH,TX Page 1 of 4 1. The Cost Summary Table of the CFA is amended in its entirety to be and readas follows: Cost Summary Sheet Project Name: Trinity Boulevard CFA No.: 2017-113 City Project No.: 02990 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. City Participationwith Items Developer's Cost TRAFunds Total Cost A. Water and Sewer Construction 1. Water Construction $ 9,000.00 $ 9,000.00 2.Sewer Construction $ 711,335.00 $ 711,335.00 Water and Sewer Construction Total $ 720,335.00 $ 720,335.00 B. TPW Construction 1.Street $ $ - $ - 2.Storm Drain $ $ $ 3.Street Lights Installed by Developer $ $ $ 4. Signals $ $ $ TPW Construction Cost Total $ $ $ - Total Construction Cost(excluding thefees): $ 5 720,335.00 $ 687,585.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 14,406.70 $ 14,406.70 D. Water/Sewer Material Testing Fee(2%) $ 14,406.70 $ 14,406.70 Sub-Total for Water Construction Fees $ 28,813.40 $ 28,813.40 E. TPW Inspection Fee(4%) $ $ - $ - F. TPW Material Testing(2%) $ $ $ G. Street Light Inspection Cost $ $ $ H. Signals inspection Cost $ $ $ J. Civil/Geotechnical Engineering&Survey(20%)$ $ TPW Construction Fees Subtotal $ $ $ - Total Construction Fees $ $ 28,813.40 $ 28,813.40 K. Development Bond Costs $ $ 17,190.00 $ 17,190.00 L. Engineering Fees $ $ 27,300.00 $ 27,300.00 $ 44,490.00 TOTAL PROJECTCOST $ $ 764,825.00 $ 764,825.00 Financial Guarantee Options,choose one Amount Choice Bond=1001% $ 687,585.00 x Completion Agreement=100%/Holds Plat Cash Escrow Water/Sanitary Sewer=125% $ - Cash Escrow Paving/Storm Drain=125% $ LFT- WORTH,U Letter of Credit=125%w/2yr expiration period RECORD RETARY City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 50908 Page 2 of 4 2. Exhibit A-1: Sewer Improvements, is amended to add the following items: PAY ITEM# CITY BID ITEM QUANTITY UNIT ITEM DESCRIPTION UNIT TOTAL # PRICE 16 3213.0101 115 SY 6"Concrete Pavement $200.00 $23,000.00 19 Curb&Gutter-6" 3216.0101 65 LF Monolithic $150.00 $9,750.00 3. 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 them in the CFA. [SIGNATURES ON FOLLOWINGPAGE] EOFFOCIALECORD ETARY City of Fort Worth, Texas rH TX Amendment No. 1 to City Secretary Contract No. 50908 Page 3 of 4 -�n IN TESTIMONY WHEREOF, City and Developer have each executed this First Amendment by their duly authorized representatives to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Riverbend Investments,LTD pang_/A�hdo rh Kevne New�fl Dana Burghdoff pr14,20201 Kenneth Newell(Apr 14,20201 Dana Burghdoff Name: Kenneth B. Newell Assistant City Manager Title: Director Date: Apr 14, 2020 Date: Apr 14, 2020 Recommended by: �� e� Contract Compliance Manager: ifer Ezernef Apr 14,20 Evelyn Roberts/Jennifer Ezernack By signing, I acknowledge that I am the Project Assistant person responsible for the monitoring and Planning and Development administration of this contract,including ensuring all performance and reporting requirements. Approved as to Form &Legality: 67ygZo;;,19pb�� Oki'D2�1 G Evelyn R erts on behalf of(Apr 14,2020) -� Name: Janie ScarlettMorales Richard A.McCracken(Apr 14,2020) Title: Development Manager Richard A.McCracken Sr. Assistant City Attorney M&C No. N/A Date: Apr 14, 2020 Form 1295: N/A ATTEST: Mary J. Kayser/Ronald Gonzales City Secretary /Assistant City Secretary QFFIGAL RECORD CITY SECRETARY City of Fort Worth, Texas FT WORTH,TX Amendment No. 1 to City Secretary Contract No. 50908 Page 4 of 4