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Home My WebLink AboutContract 59728-A1Date Received: May 16, 2024 Time Received: 11:14 a.m. City Secretary Contract No.: 59728-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59728 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KINOD, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59728 ("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 KinoD, 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 known as Merritt Condominiums, City Project Number 104892, City Secretary Contract No. 59728 ("CFA"); and WHEREAS, prior to proceeding to construction pursuant to the CFA, Developer has hired a new contractor to construct the Improvements; and WHEREAS, the City and Developer desire to amend the CFA to reflect the new contractor, the revisions to the project cost and estimated fees for the project, and the increase in the financial guarantee; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends City Secretary Contract Number 59728: 1. Section 5 of the CFA is amended to add the following sentence after the first paragraph: In connection with hiring a new contractor to construct the Improvements and the associated increased cost for the Improvements, Developer has provided the City with a cash deposit in the amount of $5,699.88 to increase the financial guarantee provided for the CFA to $63,551.13. 2. Section 14 of the CFA is amended to add the following sentence after the first paragraph: In connection with hiring a new contractor to construct the Improvements, the new contractor's proposed working days and the associated increase in construction inspection OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas First Amendment to City Secretary Contract No. 59728 Page 1 of 6 service fees, Developer has paid the City an additional $1,500.00 in estimated construction inspection service fees. 3. Section 36 of the CFA is amended in its entirety to be and read as set forth in Exhibit A of this First Amendment, which is attached hereto and incorporated herein by reference. 9 The Cost Estimates in the CFA are amended in their entirety to be and read as set forth in Exhibit B of this First Amendment, which is attached hereto and incorporated herein by reference. 5. a. All other provisions of City Secretary Contract No. 59728 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 No. 59728. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas First Amendment to City Secretary Contract No. 59728 Page 2 of 6 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 Al a`�� Dana Burghdoff (May 4, 2024 � CDT) Dana Burghdoff Assistant City Manager Date: May 14, 2024 Recommended by: a-"L Dwayne Hollars (May 13, 202411:06 CDT) Dwayne HollarsBichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken (May 13, 202411:46 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Form 1295: N/A Date: May 13, 2024 ATTEST: Jannette S. Goodall City Secretary � b0000uu n a FORT � p> ° %9dd I.g ono o=d dda* *,a Gann tEZA54ap �IIII64d� DEVELOPER KinoD, LLC C�� 4"- Louis O. Clark Managing Member Date: May 13, 2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. -U,in Rebecca Owen (May 13, 2024 11:27 CDT) Name: Rebecca Owen Title: Development Manager OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY First Amendment to City Secretary Contract No. 59728 FT. WORTH, TX Page 3 of 6 EXHIBIT A 36. Cost Summary Sheet Project Name: Merritt Condominiums CFA No.: CFA23-0069 City Project No.: 104892 IPRC No.: 23-0072 Ite ms Developer's Cost A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total $ B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer $ 50,840.90 4. Signals TPW Construction Cost Total $ 50,840.90 Total Construction Cost (excluding the fees): $ 50,840.90 Estimated Construction Fees: C. Construction Inspection Service Fee $6,250.00 D. Administrative Material Testing Service Fee $122.50 E. Water Testing Lab Fee $0.00 Total Estimated Construction Fees: $ 6,372.50 Choice Financial Guarantee Options, choose one Amount (Mark one Bond = 100% $ 50,840.90 Completion Aqreement = 100% / Holds Plat $ 50,840.90 Cash Escrow Water/Sanitary Sewer= 125% $ - Cash Escrow Pavinq/Storm Drain = 125% $ 63,551.13 X Letter of Credit = 125% $ 63,551.13 City of Fort Worth, Texas First Amendment to City Secretary Contract No. 59728 Page 4 of 6 EXHIBIT B 00 42 43 DAP - BID PROPOSAL Page 1 of 2 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidder's Application Bidder's Proposal Bidlist Description Specification Unit of Bid Item No. Section No. Measure Quantity Unit Price UNIT V: STREET LIGHTING IMP20VEMENTS 1 2605.3015 2" CONDT PVC SCH 80 (T) 26 05 33 LF 220 $27.04 $ 2 3441.1405 NO 2 Insulated Et Condr 34411 10 LF 90 $2.93 $ 3 344,.1408 NO 6 Insulated Elec Condr 344 10 LF 510 $2.14 $ 4 3441.1502 Ground Box Tyoe B`w/ ron 3441 10 EA 2 $1,753.00 $ 5 344,.1646 Furnish/Instali Tyyppe 33B rm 344120 EA 1 $623.00 $ 6 3441.1771 Furnish/Install 120-240 Volt Sinqle Phase Metered Pedestal 3441 20 EA 1 $7,900.00 $ 7 3441.3037 Furnish/Install 10' - 14' Washi�pton Standard LijLht Pole & Fixture LED 3441 20 EA 3 $4,995.00 $ 8 3441.3050 Furnish/install LED Li�{htingFixture (70 watt Ai Cobra Head) 34 41 20 EA 1 $523.00 $ 9 3441.3351 Furnish/install Rdwav IllumiY 11 Pole 3441 20 EA 1 $4,000.00 $ 10 3441.3301 Rdyy�vvV Ilium Foundation TY 1,2, and 4 3441 20 EA 1 $3,000.00 $ 11 3441.3303 Rdwv Ilium Foundation TY 7 3441 20 EA 3 $3,000.00 $ UNIT V: STREET LIGHTING IMPROVEMENTS Bid Value 5,948.801 263.701 1,091.401 3,506.001 623.001 7,900.001 14,985.001 523.001 4,000.001 3,000.001 9,000.001 $50,840.90 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 MERRITT CONDOMINIUMS CPN 104892 00 42 43_Bid Proposal_DAP.x1s 00 42 43 DAP - BID PROPOSAL Page 2 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Unit of Bid Item No. Section No. Measure Quantity Unit Price Bid Value Bid Summary UNIT V: STREET LIGHTING IMPROVEMENTS $50,840.90 Total Construction Bid $50,840.90 1 This Bid is submitted by the entity named below: BIDDER: Trademark Electric In.c 3200 Joyce Dr. Fort Worth, TX 76116 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: TITLE: Vice President DATE: 4/22/2024 END OF SECTION 21 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 MERRITT CONDOMINIUMS CPN 104892 00 42 43_Rid Proposal_DAP.xls