HomeMy WebLinkAboutContract 48582-A2 05/15/20
CSC No.48582-A2
8:52 AM
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 48582
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND BAILEY BOSWELL MARKETPLACE, LP
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
48582 ("Second Amendment") is made and entered into by and between the City of Fort
Worth, a home-rule municipal corporation of the State of Texas ("City"), and Bailey Boswell
Marketplace, LP a Texas limited partnership ("Developer").
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for construction of public infrastructure improvements for a project generally described as
Bailey Boswell Road from Wind River and Old Decatur Road,City Secretary Contract Number
48582 ("CFA");
WHEREAS, the City and Developer executed the first amendment to the CFA due to
an expanded project scope and increased construction costs;
WHEREAS, City and Developer previously executed Change Order Numbers 1, 2,
and 3 to the CFA, which incorrectly listed the allocation of the responsibility for the increased
construction costs in the change orders between the City and Developer;
WHEREAS, Developer has completed construction of the Project and City and
Developer desire to amend the CFA to reflect the final construction costs with the correct
allocation of the cost between the City and Developer;
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement,which amends the CFA:
1.
The Cost Summary Table of the CFA is amended to be and read as set forth in Exhibit
"A" of this Second Amendment.
2.
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 Second Amendment that are capitalized, but not defined shall have the
meanings ascribed to those terms in the CFA.
C. To the extent that the costs that are to be paid by the City and Developer in this Second
Amendment conflict with the costs listed in Change Order Numbers 1, 2, and 3, the costs
listed in this Second Amendment shall control.
City of Fort Worth,Texas MYSECRMARV
Amendment No.2 to City Secretary Contract No.48582 I
Pagel of 3 FT WORTH,
IN TESTIMONY WHEREOF, the City and Developer have executed this Second
Amendment to be effective on the date signed by the City's Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
Bailey Boswell Marketplace LP,
a Texas limited partnership
LJana Burandofif
Dana eurghaoN ay 14,202013:40 COT)
By: UCD Bailey Boswell GP LLC,
Dana Burghdoff A Texas limited liability company,
Assistant City Manager Its general partner
Date:
May 14,2020 �-�j.•`("-
Name: Robert V. Dorazil
Title: Manager
Recommended by:
'44� „ Date: May 13, 2020
Evelyn Ro (May 14,2020 08:10 Wn
Evelyn Roberts/Jennifer Ezemack
Project Assistant ATTEST: (Only if required by Developer)
Developer Services Department
Approved as to Form &Legality:
Name:
RicharcFA.McCracken(May 14,202009:31 COT)
Richard A. McCracken
Sr.Assistant City Attorney
M&C No. N/A
Date:
Form 1295: NIA
Contract Compliance Manager:
By signing, I acknowledge that I am the
ATTEST: x;' ;' � � ' . person responsible for the monitoring and
.�` administration of this contract, including all
performance and reporting requirements.
T,�s ..�` 9e;nfcr;,�r• cze>•'•�ucc�c o�aevcac,•�ar-
Mary J. Kayser/Ronald pa1i3J` Jennifer dzernack on hehalfof(May 14,202008:40C )
City Secretary/Assistant City Secretary
Name: Janie Scarlett Morales
Title: Development Manager
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment No.2 to City Secretary Contract No.48582 FT. WORTH,TX
Page 2 of 3
Exhibit A
Cost Summary Table
Shared Costs
Developer City Only Developer's
Only Cost Cost Cost City's Cost Total Cost
A.Water and Sewer
Construction
1.Water $ 15,400.00 $ - $ 53,635.68 $ 58,105.32 $ 127,141.00
2. Sewer $ - $ - $ 4,785.60 $ 5,184.40 $ 9,970.00
Water Construction Cost
Sub-Total $ 15,400.00 $ - $ 58,421.28 $ 63,289.72 $ 137,111.00
B.TPW Construction
1.Paving $ - $ 58,293.00 $ 579,649.62 $ 949,538.51 $ 1,587,481.13
2. Storm Drain $ - $ - $ 576,552.55 $ 650,155.00 $ 1,226,707.55
3. Street Lights $ 6,402.50 $ - $ 35,230.49 $ 38,166.36 $ 79,799.35
4.Traffic Signal $ 157,167.43 $ - $ 104,854.32 $ 262,021.75
TPW Construction Cost
Sub-Total $ 163,569.93 $ 58,293.00 $ 1,296,286.98 $ 1,637,859.87 $ 3,156,009.78
Total Construction Cost $ 178,969.93 $ 58,293.00 $1,354,708.26 $1,701,149.59 $3,293,120.78
Construction Fees:
C.Water/Sewer Inspection
Fee(2%) $ 308.00 $ - $ 2,434.22 $ - $ 2,742.22
D.Water/Sewer Material
Testing Fee(2%) $ 308.00 $ - $ 2,434.22 $ - $ 2,742.22
Water Construction Fees
Sub-Total $ 616.00 $ - $ 4,868.44 $ - $ 5,484.44
E.TPW Inspection Fee $ - $ - $ 112,567.55 $ - $ 112,567.55
F.TPW Material Testing
Fee $ - $ - $ 56,283.77 $ - $ 56,283.77
G. Street Light Inspection
Fee $ 256.10 $ - $ 2,935.87 $ - $ 3,191.97
H.Traffic Signal Inspection
Fee $ 6,286.70 $ - $ 4,194.17 $ - $ 10,480.87
TPW Construction Fees
Subtotal $ 6,542.80 $ - $ 175,981.36 $ - $ 182,524.16
Total Construction Fees $ 7,158.80 $ - $ 180,849.80 $ - $ 188,008.60
Total Engineering Cost $ - $ - $ 158,447.50 $ 158,447.50 $ 316,895.00
TOTAL PROJECT COST $ 186,128.73 $ 58,293.00 $1,694,005.56 $1,859,597.09 $3,798,024.38
TOTAL Developer Cost $ 1,880,134.29
TOTAL City Cost $ 1,917,890.09
TOTAL PROJECT COST $3,798,024.38
City of Fort Worth,Texas
Amendment No.2 to City Secretary Contract No.48582
Page 3 of 3