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Home My WebLink AboutContract 54552-A1 (2) 07/19/2021 CSC No.54552-A1 12:49 PM FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KFH-CRG(TEXAS) L.P. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 ("First 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 KFH-CRG (TEXAS) L.P., a Texas limited partnership ("Developer"). WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a project generally described as Hemphill Multifamily, City Project Number 102088 ("CFA"); and WHEREAS,the City's Near Southside Medical District Street Repair Program("Street Repair Program") conflicts with a portion of the work to be performed pursuant to the CFA; and WHEREAS,to avoid the conflict between the CFA and the Street Repair Program,the City desires to participate in the CFA in an amount not to exceed $43,221.00 to oversize the Improvements to Broadway Avenue and Petersmith Street; and WHEREAS, on June 22, 2021, through M&C 21-0440, the City Council approved the funding for the City's participation in the CFA; and WHEREAS, City and Developer desire to amend the CFA to reflect the City's participation in the oversizing of the paving work; and WHEREAS,the City and Developer desire to amended the CFA to extend the deadline for construction of the Improvements to be completed; 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. 54552: 1. The CFA is amended to add the following recitals: WHEREAS, the City Participation in the CFA shall be in an amount not to exceed $43,221.00 to oversize the paving Improvements to Broadway Avenue and Petersmith Street; and WHEREAS,the City Participation includes reimbursement to Developer in an amount not to exceed$43,221.00 for construction costs. OFFICIAL RECORD FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 CITY SECRETARY A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KFH-CRG(TEXAS)L.P. FT. WORTH, TX 2. Section P of the CFA is amended to be and read as follows: P. COMPLETION OF CONSTRUCTION i. Developer shall complete construction of the Improvements by September 14, 2022. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if on September 14, 2022 the Improvements have not been constructed and accepted by the City. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of same before September 14, 2022 if the Developer breaches this Agreement,becomes insolvent or fails to pay costs of construction. 3. The CFA is amended to add Section S,which shall be and read as follows: S. CITY PARTICIPATION. City will pay Developer construction costs in an amount not to exceed$43,221.00 for paving Improvements on Broadway Avenue and Petersmith Street. City shall reimburse Developer after all Improvements have been constructed and accepted by the City (commonly referred to as the green sheet) and Developer delivers an invoice to the City. 4. The Cost Summary Sheet of the CFA is amended to be and read as follows: FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 Page 2 of 8 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KFH-CRG(TEXAS)L.P. Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ 31,785.00 $ $ 31,785.00 2.Sewer Construction $ 19,620.00 $ $ 19,620.00 Water and Sewer Construction Total $ 51,405.00 $ $ 51,405.00 B. TPW Construction 1.Street $ 106,102.00 $ 43,221.00 $ 149,323.00 2.Storm Drain $ 7,760.00 $ - $ 7,760.00 3.Street Lights Installed by Developer $ 101,540.60 $ $ 101,540.60 4. Signals $ - $ $ - TPW Construction Cost Total $ 215,402.60 $ 43,221.00 $ 258,623.60 Total Construction Cost(excluding the fees): $ 266,807.60 $ 43,221.00 $ 310,028.60 Estimated Construction Fees: C.Water/Sewer Inspection Fee(2%) $1,028.10 $1,028.10 D. Water/Sewer Material Testing Fee(2%) $1,028.10 $1,028.10 Sub Total for Water Construction Fees $2,056.20 $2,056.20 E.TPW Inspection Fee(4%) $4,554.48 $4,554.48 F.TPW Material Testing(2%) $2,277.24 $2,277.24 Sub-Total for TPW Constrcution Fees $10,893.34 $10,893.34 Total Estimated Construction Fees: $ 12,949.54 $ - $ 12,949.54 TOTAL PROJECT COST $ - $ - Financiai Guarantee Options,choose one Amount (Mark one) Bond = 100% $ 266,807.60 x Completion Agreement= 100%/Holds Plat $ 266,807.60 Cash Escrow Water/Sanitary Sewer= 125% $ 64,256.25 Cash Escrow Paving/Storm Drain= 125% $ 269,253.25 Letter of Credit= 125% $ 333,509.50 5. The Cost Estimates of the CFA are amended to be and read as set forth in Exhibit"A" of this First Amendment. 6. Exhibit B: Paving Improvements of the CFA is amended to be and read as set forth in Exhibit"B" of this First Amendment. 7. a. All other provisions of the CFA, which are not expressly amended herein, shall remain in full force and effect. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 Page 3 of 8 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KFH-CRG(TEXAS)L.P. b. All terms in this First Amendment that are capitalized but not defined shall have the meanings ascribed to those terms in the CFA. [REMAINDER OF PAGE INTENTIONALLY BLANK] FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 Page 4 of 8 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KFH-CRG(TEXAS)L.P. IN TESTIMONY WHEREOF, the City and Developer have executed this instrument by their duly authorized representatives to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER KFH-CRG(TEXAS)L.P. By: CRG—Tilton,LLC,its general partner Dana Burghdoff(Jul 15,zo 9:05 cDT) By: CRG Services Management,LLC,its Dana Burghdoff _ Manager Assistant City Manager &V6( Date: J u l 15,2021 Name: Christopher P. Mckee Title: Chief Development Officer Recommended by: Date: J u l 14,2021 Evelyn roberts(Jul 14,202123:05 CDT) Evelyn Roberts/Jennifer Ezernack Contract Compliance Manager: Project Assistant By signing, I acknowledge that I am the Development Services person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. Approved as to Form & Legality: Tehhife� lrnaCK On behalf of Jennifer Ezernack on behalf of(Jul 15,202107:08 CDT) Janie Scarlett Morales Richard A.McCracken(Jul 15,2021 10:18 CDT) Richard A. McCracken Development Manager Assistant City Attorney M&C No.N/A Form 1295: N/A ATTEST: �F°0 00000 a� a °0 vo g=d Ronald P.Gonzales( ul 16,202109:55 CDT) o °o o Ronald P. Gonzales �4 °°o000000O°°° Acting City Secretary aa�*XAsoap OFFICIAL RECORD CITY SECRETARY FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 A COMMUNITY FACILITIES AGREEMENT BETWEEN FT. WORTH, TX THE CITY OF FORT WORTH AND KFH-CRG(TEXAS)L.P. EXHIBIT A LEM=. Nw. aWT ON m 42 43 FY-17-Mg FYr 5ilh 2klk 411d 6iQ6t CPN 02398 A 02W5.X-TO4 3a�FiI'aa9suik rb +3 t IT] UNIT PRJCE BID Palo L�r� fr+r a ror.,I,r. Lba r IYaa�fr. sPolma'maF4 1` Tarf�rf S.re F+o� ur 41'h Q7 Y+ 1 :TO:k—5.s11W1 ■4313 LF ffm aL S2 WI n.ma m 3 :-m' 14 +c-1i-. Q43 a Lt m sa Qeal SI.Xom L L Lui P—C— .6tarry Q#i Ls Ls 310 aL Im WI • ' 1G l Im rM.- Mi u ■r al Si.} iwF mml m., 0 m nn..+r 1 a mum or ml Si.} iwF 5I6ml 51_,'m0 a amil mum n Im km WWI slr%mo a -ANN VCZ� OAKP LT ]a nL saml sb mo 4 AM lm cr" s s Wj m,x o 44 AIII'Ma1a {i[C� S �F {h 1 1 t•1}pp S�' iLhr-1'1}111G]1�11L7Y�A LYT7i sLl=:In u14�r F34wrd uirtb�llu��ilY.vbl �iWfd 1 r��a r_�awr+..ii��niTpuav r[f�yl��aa FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 Page 6 of 8 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KFH-CRG(TEXAS)L.P. EXHIBIT B u-u-Y u:stHu o 4W w �f f�w4TV Yr Y.yJlF.M' wpr�p iG1Y11 IC RN`.54Y I GRAPHIC SCALE IN FEET I J0 ASPHALI-PA MG OVER 8'CMPAC70 — 5UBCRA�E _ W.AROAD AYAVENUE 0H STREET PAR!{INK% TEE P-1 RAMP �I SIDEWALK RAMP PROPOSED SIDEWALK LLA I + PFO4P'4SED �A TYPE R1 FUUW } Lu PROPOSED SIDEWALK a CrFY PROwECT W 702M ODUNAWAY EXHIBIT 'BF! INGPHIL PLAN ', sew.rh�lrw•,%R4M-ra,ftMlMl*Ql L lasIF;Mlw SHE=T 1 OF 2 tFXFMFnlq CFA A19ENOMENF SEV, CCWT 1 54552 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 Page 7 of 8 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KFH-CRG(TEXAS)L.P. LM LrrV LEGEND o an so ren:rrwwnar plopomb idpk&Tr r,we"r GRAPHIC SCALE IN FEET L_�, Lu II w I • I I I I I � I � � _� I Liu J � PROPOSED SI DEWALK C6 Lu PR OPOSED RAMP I PROPOSED I — * TYPE R-7 RAMP _ I OL k 2"ASPHAL T FA WNG I WPTH SURFACE MiLLlN ` I PROPOSE-0 SIE7EWAFJ4 .PETER SMITH STREET F K 4rf l f R?OV ie 1 NO. 702085 � � E HIBIT 'B' PAVING PLAN 401 HEMPHILL re�IT�6H91 SHEET 2 OF 2 CFA AMENDMENT,SEC. CON T# 54552 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54552 Page 8 of 8 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KFH-CRG(TEXAS)L.P.