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HomeMy WebLinkAboutContract 60384-A1City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 1 of 10 Date Received: _______________ City Secretary Contact No.: ___________ Time Received: _________________ FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60384 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND WJH INVESTMENT COMPANIES, INC. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60384 (“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 WJH Investment Companies, Inc. (“Developer”), a Texas corporation. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure Improvements for a Project known as Como Water and Sewer Improvements, City Project Number 104238, City Secretary Contract Number 60384 (“CFA”); and WHEREAS, after the execution of the CFA it was discovered that the Cost Summary Table and the Cost Estimates attached to the CFA are incorrect; and WHEREAS, Developer desires to extend of the CFA deadline to allow the Project additional time to construct the Improvements as authorized by the CFA Ordinance; and WHEREAS, Developer recently provided the City with a revised letter of credit showing the new expiration date as the financial guarantee for the Improvements in the CFA; and WHEREAS, the City and Developer desire to amend the CFA to correct the Cost Estimates and Cost Summary Table; 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 60384: 1. Section 6 of the CFA is amended to add the following paragraph after the first paragraph: Developer and City agree to an Extension Period of 6 months. Developer shall complete construction of the Improvements and obtain the City’s acceptance of the Improvements by August 4, 2025. 2. City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 2 of 10 The Cost Summary Sheet of the CFA, which is 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. 3. 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. 4. a. All other provisions of City Secretary Contract No. 60384 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. 60384. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 3 of 10 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 Dana Burghdoff Assistant City Manager Date: Recommended by: Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Jackson Skinner Assistant City Attorney M&C No.: N/A Form 1295: N/A DEVELOPER WJH Investment Companies, Inc. Walter J. Harper, Jr. President Date: 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. Name: Rebecca Owen Title: Development Manager ATTEST: Jannette S. Goodall City Secretary City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 4 of 10 EXHIBIT A 36. Cost Summary Sheet Project Name: Como Water and Sewer Improvements CFA No.: CFA23-0011 City Project No.: 104238 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 112,723.46$ 2. Sewer Construction 271,525.29$ Water and Sewer Construction Total 384,248.75$ B. TPW Construction 1. Street -$ 2. Storm Drain -$ 3. Street Lights Installed by Developer -$ 4. Signals -$ TPW Construction Cost Total -$ Total Construction Cost (excluding the fees): 384,248.75$ Estimated Construction Fees: C. Construction Inspection Service Fee $19,750.00 D. Administrative Material Testing Service Fee $1,225.00 E. Water Testing Lab Fee $150.00 Total Estimated Construction Fees: 21,125.00$ Financial Guarantee Options, choose one Amount Choice (Mark one) Bond = 100% 384,248.75$ Completion Agreement = 100% / Holds Plat 384,248.75$ Cash Escrow Water/Sanitary Sewer= 125% 480,310.94$ Cash Escrow Paving/Storm Drain = 125% -$ Letter of Credit = 125% 480,310.94$ X City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 5 of 10 EXHIBIT B Cost Estimates City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 6 of 10 City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 7 of 10 City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 8 of 10 City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 9 of 10 City of Fort Worth, Texas First Amendment to City Secretary Contract No. 60384 Page 10 of 10