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Home My WebLink AboutContract 59728-A2Date Received: 8/16/2024 Time Received: 1:00 P.M. City Secretary Contract No.: 59728-A2 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59728 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KINOD, LLC This SECOND 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, construction of the Improvements pursuant to the CFA has not commenced; and WHEREAS, City and Developer previously executed the First Amendment to the CFA to reflect that Developer hired a new contractor, City Secretary Contract Number 59728-A1; and WHEREAS, Developer has a hired a different 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 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. The sentence after the first paragraph of Section 5 of the CFA which reads "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." is amended in its entirety to be and read as follows: 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 OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Second Amendment to City Secretary Contract No. 59728 FT. WORTH, Tx Page 1 of 6 cash deposit in the amount of $10,223.75 to increase the financial guarantee provided for the CFA to $68.075.00. 2. Section 36 of the CFA is amended in its entirety to be and read as set forth in Exhibit A of this Second Amendment, which is attached hereto and incorporated herein by reference. 3. The Cost Estimates in the CFA are amended in their entirety to be and read as set forth in Exhibit B of this Second Amendment, which is attached hereto and incorporated herein by reference. 11 a. All other provisions of City Secretary Contract Number 59728 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 City Secretary Contract Number 59728. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas Second Amendment to City Secretary Contract No. 59728 Page 2 of 6 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 T a c2 SGl Dana Burghdoff (Aug 2024 �r CDT) Dana Burghdoff Assistant City Manager Date: Aug 16, 2024 Recommended by: /�j Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken (Aug 16, 2024 13:34 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Form 1295: N/A Date: Aug 16, 2024 444oaaa�� aA �pGRT�oadO ATTEST: p_o TEXA`�o4p bnnoaaa Jannette S. Goodall City Secretary City of Fort Worth, Texas Second Amendment to City Secretary Contract No. 59728 Page 3 of 6 DEVELOPER KinoD, LLC Louis O. Clark Managing Member Date: Aug 16, 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. Rebecca Owen (Aug 16, 2024 13:01 CDT) Name: Rebecca Owen Title: Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A 36. Cost Summary Sheet Project Name: Merritt Condominiums CFA No.: CFA23-0069 City Project No.: 104892 IPRC No.: 23-0072 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and SeKer Construction Total $ B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer $ 54,460.00 4. Signals TPW Construction Cost Total $ 54,460.00 Total Construction Cost (excluding the fees): $ 54,460.00 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% $ 54,460.00 (Completion Aqreement = 100% / Holds Plat $ 54,460.00 (Cash Escrow Water/Sanitary Sewer= 125% $ - (Cash Escrow Pavinq/Storm Drain = 125% $ 68,075.00 X ILetter of Credit = 125% $ 68,075.00 City of Fort Worth, Texas Second Amendment to City Secretary Contract No. 59728 Page 4 of 6 EXHIBIT B SECTION OD 42 ds Developer Awarded Projeols - P ROPOSAL FORM UNIT PRICE BIB @] 4Y 43 MP. R10 PROPOSAL PAg Id7 Bidder's Application Project Item In€armadom Bidders Proposal. Bidlis� Deuription Specification Uoirof Bid Uoii Plire Bid Value Item Na. Sediao No. Measure i?tran[iiy UNrrV, STRE1.7I IGH7ING ]tIP21Ji1' r11jF I 1 2605.3015 2- CC131 PV9 SCq Bd (f) �?,? LF 220 S25.00 S SsOa.oa I 2 3441.1405 NO 2 Insuja[ Elac ndr 3441 10 LF ao S4.06 s 340.UG I 3 3441.14o8 NO 5 nsulated EI@c Candr 344110 LF 519 S25o $ 1 Z75.413 I 4 3441.1502 Gmund Sox T 6, w.r n 3441 10 EA 2 $975.09 $ 1,450.4G 1 I 5 3441-1G46 rM 34412a 1 $754.00 2 750.UG I 6 �rrnisNf1��ll � 344,.1771 rrrlls lrts l { 2 O Si Phalle Metered P@d@stal 344 20 1 212,5W.D0 $ 32r-mm I 7 344,M37 runls�flslall 10' - 14' lasWi n y ban2rd y 8 }Mura LLU 34 41 2a Fig 3 £7-5M.OG S 2.2-51A.UG 8 3441,30w Furnis Install LEt] L�gJ7�flg mre {7p vim A' ra j Wad) 344120 Eiy 1 W5.00 3 575.UG 1 9 3441,3351 Furtlistv'Install Rd v l um TY 11 POI@ 34 41 20 EA 1 S},5M.OG 3500.UG I i0 3441 3301 Adwy lllurn Faun bn Tf 1,Z and 4 344120 EA 1 $1 .06 $ I,5M.on l 1 11 3441MOO Rdlwy IHum Foundation Tf 7 34 41 20 EA 3 $1,35D.94 S d".UG I UNrr Yr STREET LIGHTING IMPRDVEMEYTS $54,A£O.0G City of Fort Worth, Texas Second Amendment to City Secretary Contract No. 59728 Page 5 of 6 MQ1! M I._ m r�L ripc2d ] SECTEN OD a249 Developer AWalded Praj&=- PROPOSAL FORM UNIT PRICE BID Bidder's Application ftlea lie in Inrormll on Fags R-4nw .1651 I am Ne Qes[dplruo I .hoc It Non I 6 .L%L c I .uanu 1:oil11. I !Heil.. ela e�f UNUN' SURIMTIJC.HTING 3MIit441-3011M-n 7 nia7 {-ard[vcllom BIG ir-1.4t#UNI nib Bid is xMnKW h7 ft eotNy erred b wr: BIDDER: DER: {:day UW1ty {:onlra[tDm 1nc- 6'd5 311ONa} ZIP ArllnRio4 YX 74WI {:o331.rrclor spFem to aooRlAe'AURi for MALAMWfANQ wr1Ym K1LX ltA{'f Q7@� i6 rya pWMM Y ■1 GOWN CN=kl City of Fort Worth, Texas Second Amendment to City Secretary Contract No. 59728 Page 6 of 6 BY: TITLE: Q 6 �41anager DATE: q .U1,'2a24 YM) {W .W.(-TKKq ]U worldip dks a lar 11R drlewbu 11R