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Home My WebLink AboutContract 57112-A1 Date Received: 12/22/2022 City Secretary Time Received: 3:3 0 p.m. Contract Number: 57112-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57112 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND QUAIL VALLEY DEVCO III,LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57112 ("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, and Quail Valley Devco III, LLC ("Developer"), a Texas limited liability company. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project generally described as Walsh Ranch Quail Valley—Planning Area 3 East("CFA"); and WHEREAS, Section 5.6.1 of the City of Fort Worth Water Department's Installation Policy and Design Criteria for Water, Wastewater, and Reclaimed Water Infrastructure provides that the minimum radius of curve and maximum deflection angle of pipe joints will be restricted to 50% of the manufacturer's recommendation, after which the use of horizontal or vertical bends will be required("Policy"); and WHEREAS, Developer's contractor constructed a water line in violation of the Policy and the approved construction plans as more specifically identified in Exhibit 1, which is attached hereto and incorporated herein by reference; and WHEREAS, after construction of the water line Developer's engineer requested a variance from the Policy, which was denied by the Water Department; and WHEREAS, the City has agreed to not require Developer to reconstruct the water line if certain conditions are met; 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. 57112: 1. The CFA is amended to add section 37, which shall be and read as follows: 37. Special Provisions Relating to Water Line (a) Developer's contractor has constructed a water line within Hidden Falls Drive at STA: OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No.57112 FT.WORTH,Tx Page 1 of 7 3+75.36 WL `A' to STA: 10+72.09 WL `A', Meadow Cross Drive at STA: 20+28.44 WL `B' to STA: 29+08.29 WL `B' and STA: 34+36.41 WL `B' to STA: 42+34.56 WL `B', and Cedar Sage Trail at STA: 0+33 WL `B' to STA: 10+42.56 WL '13% that is in violation of section 5.6.1 of the Policy and the approved construction plans with minimum radius of curve and maximum deflection angle of pipe joints in excess of 50% of the manufacturer's recommendation as more specifically described in Exhibit 1, which is attached hereto and incorporated herein by reference. ("Noncompliant Water Line"): (b) City agrees that Developer shall not be required to have its contractor reconstruct the Noncompliant Water Line if Developer complies with the requirements of this section 37. (c) Developer shall require Developer's contractor to extend the maintenance bond for the Non-Compliant Water Line and any other public infrastructure that is damaged as a result of a leak in the Non-Compliant Water Line that must be reconstructed or replaced as a result of a leak in the Non-Compliant Water Line or a repair to a leak in the Non- Compliant Water Line from two (2) years to five (5) years. Developer shall amend its contract with its contractor and the project manual to reflect the extension of the maintenance bond and the responsibility to correct deficiencies being extended from two years to five years. City shall not accept the Improvements being constructed pursuant to this Agreement until the maintenance bond is extended and the contract between the Developer and the contractor is amended. (d) Developer, at Developer's sole expense, shall perform a leak detection on the Noncompliant Water Line six (6) months before the expiration of the five-year maintenance bond period. The leak detection shall be performed by Developer using the acoustic method. The proposal for the leak detection and the contractor selected by Developer to perform the leak detection shall be submitted to the City by Developer for review and approval prior to the leak detection being performed.Any leaks detected shall be repaired by Developer,including the repair to utilities,subgrade and pavement, at Developer's sole expense.All repairs shall be performed by Developer in accordance with the City's policies and regulations in effect at the time the repair is performed. Developer must submit comprehensive report of the leak detection results and the scope of any repairs to the City and City shall review and approve all repairs and the contractor performing the repairs before the repairs are performed. City shall inspect any leak detection performed by Developer. Developer shall reimburse City for all inspection costs for any repairs. (e) To the extent that a conflict exists between the provisions in Section 37 of this Agreement, and the remaining provisions in this Agreement, or a conflict between the provisions in Section 37 of this Agreement and any provisions of the project manual relating the maintenance bond period or the contractor's or Developer's responsibility for correcting deficiencies being limited to years,the provisions in this Section 37 shall control and the contractor's and the Developer's responsibility to correct deficiencies shall be in accordance with this Section 37. City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 57112 Page 2 of 7 (f) Developer agrees that the acceptance of the Noncompliant Water Line by the City, subject to the terms and conditions of this Section 37, is a one-time exception to the City's policies and Developer shall not be entitled to have noncompliant infrastructure accepted by the City in the future. 2. The CFA is amended to add Exhibit 1 to be and read as set forth in Exhibit 1 of this First Amendment. 3. a. All other provisions of City Secretary Contract Number 57112 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 those terms in City Secretary Contract Number 57112 [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 57112 Page 3 of 7 IN TESTIMONY WHEREOF, the City and Developer have executed this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Quail Valley Devco III, LLC Dana guML Off Dana Burghdoff(Uec21,202217:57CST) Set arpenter(Dec21,202209:58CST) Dana Burghdoff Seth Carpenter Assistant City Manager Vice President Date: Dec 21,2022 Recommended by: Date: Dec 21,2022 MAO&N"k Bichson Nguyen( c21, 02210:08 CST) Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form &Legality: Richard A.McCracken(Dec 21,2022 11:14 CST) Richard A. McCracken Sr. Assistant City Attorney M&C No. Date: Dec 21,2022 Contract Compliance Manager: Form 1295: By signing, I acknowledge that I am the 44�4�nn�n person responsible for the monitoring and F°R'� o��d administration of this contract, including all ATTEST: performance and reporting requirements. p°o 0 0 Jan nette S.Gooda U(Dec 22,2022 15:29 CST) KL'Tl2�CGIi�lGLfZ�'�GU`L�f1i Jannette S. Goodall Rebecca Diane0wen(Dec21,202210:12CST) City Secretary Name: Rebecca Owen Title: Development Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No.57112 Page 4 of 7 Exhibit A 1 ___ [iOZ133153353MH01��_ !- W a 1 _ 9 F ® J, i J aeflIM+ • + I � i y� i ' I I oil \ City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 57112 Page 5 of 7 E JOE 133/S 33S 3MT31VM • V 2 KK — ——--- xx� VAR all .4 i i lx i Y 'I Y --- - oil I ' Ed0 1 133/5 335 3MNJ1VlV City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 57112 Page 6 of 7 t m W I(A o I trc Ail. ° i ,1 ---_= - ---------- - t1 " --- ------- _____ 6 dO 11331E 335 9WRIUM — City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 57112 Page 7 of 7