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HomeMy WebLinkAboutContract 51100-A2 CITY SECRETARY CONTRACT NO. 51100-A2 SECOND AMENDMENT TO DESIGN PROCUREMENT AGREEMENT FOR PUBLIC WATER LINE EXTENSION (CITY SECRETARY CONTRACT NO. 51100) This SECOND AMENDMENT TO DESIGN PROCUREMENT AGREEMENT FOR PUBLIC WATER LINE EXTENSION("Second Amendment")is made and entered into by and between the CITY OF FORT WORTH, a home-rule municipal corporation organized under the laws of the State of Texas("City"), and WARE VISTA SOUTHGATE#E1,L.P., a Texas limited partnership ("Developer"). WHEREAS, on August 7, 2018, the City and Ware Vista #1, LLC entered into a Design Procurement Agreement for Public Water Line Extension on file in the City Secretary's Office as City Secretary Contract No. 51100 ("DPA") for the City's Participation in the cost of designing a public water line; and WHEREAS, the DPA was amended to provide for the reimbursement of$6,864.00 by the City to Developer for the IPRC engineering plan review fees for the Red Line being designed pursuant to the DPA, City Secretary Contract No. 51100-A l; and WHEREAS, the City consented to the assignment of the DPA from Ware Vista #1, LLC to Ware Vista Southgate#l, L.P., City Secretary Contract Number 51100-CAI; and WHEREAS, City and Developer desire to amend the DPA for City to pay Developer for the Design Consultant's preparation of fourteen additional easement documents that are necessary for the Project; and WHEREAS, the City and Developer desire to amend the DPA to eliminate $5,885.00 in subsurface utility engineering by the Design Consultant that will not be necessary for the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Developer agree as follows: I. The DPA is amended to add Section 1.8 which shall be and read as follows: 1.8 City shall pay Developer $35,000.00 as reimbursement for Design Consultant's preparation of 14 additional easement documents for the Red Line. 11. The DPA is amended to add Section 1.9 which shall be and read as follows: OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Second Amendment of City Secretary Contract No. 51100 Page ] of 3 FT.WORTH, TX 1.9 Subsurface utility engineering costs in the amount of$5,885.00 are deducted from the amount owed by the City to Developer for the Project to reflect services of the Design Consultant that are no longer necessary for the Project. III. Section 2.3 of the DPA is amended in its entirety to be and read as follows: 2.3. Notwithstanding anything to the contrary herein, City's total liability to Developer shall be in an amount not to exceed $246,039.00. IV. a. All other terms and conditions of the DPA shall remain in full force and effect except as specifically set forth in this Second Amendment. b. All terms of this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the DPA. [SIGNATURES ON FOLLOWING PAGE) City of Fort Worth,Texas Second Amendment of City Secretary Contract No. 51100 Page 2 of 3 IN WITNESS WHEREOF, the undersigned have caused this Second Amendment to be executed in multiples as of the last date indicated below: CITY OF FORT WORTH DEVELOPER: Ware Vista Southgate#1, L.P. By: VPC G c. ' s general partner 00001, awa Dana Burghdoff(Se 15,202 1 :40 CDT) Dana Burghdoff Colton Wright Assistant City Manager Vice President Date: Sep 15, 2020 Date: ` l��"aL) Recommended by: Christopher Hard (Sep 11,202016:03 CDT) Christopher Harder, P.E. Water Department Director Approved as to Form & Legality: Richard A.McCracken(Sep 11,202016:21 CDT) Richard A. McCracken Contract Compliance Manager: Sr. Assistant City Attorney By signing, I acknowledge that I am the No M&C Required person responsible for the monitoring and Form 1295: NIA administration of this contract, including all performance and reporting requirements. aq-avaunL ATTEST: pp,o° �o a^""QUy/ 9� T�ps4a' Name: Vishal Sood �b�6444 Mary J. Kayser Title: Senior Professional Engineer City Secretary OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Second Amendment of City Secretary Contract No. 51100 Page 3 of 3 FT.WORTH, TX