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FIFTH AMENDMENT TO CITY SECRETARY
CONTRACT NO. 43762
WHEREAS, on August 21, 2012 the City of Fort Worth ("City") and The Cornell FW
Company, LLC ("Design-Builder"), collectively the ("Parties"), made and entered into City
Secretary Contract No. 43762 (M&C C-25798), a Design-Build Agreement for Design-Build
Services (the "Agreement") for the Public Safety Training Center ("Facility"); and
WHEREAS, on October 17, 2012, the City issued a Notice to Proceed to Design-Builder,
which established a Date of Commencement and triggered certain performance schedules under
the Agreement; and
WHEREAS, on May 21, 2013, the Parties executed Amendment No. 1(City Secretary
Contract No. 43762-A1) which made a series of changes to the Agreement; and
WHEREAS, on November 18, 2013, the Parties executed Amendment No. 2(City
Secretary Contract No. 43762-A2) which extended the Design-Builder's deadlines for providing
a Guaranteed Maximum Price ("GMP"); and
WHEREAS, on December 31, 2013, the Parties executed Amendment No. 3(City
Secretary Contract No. 43762-A3) to reduce the IGMP (Initial Guaranteed Maximum Price) by
$83,260.00 for costs related to relocation of the General Services Administration's ("GSA")
water meter and for the purchase of 0.38 acres of land from the GSA to serve the project; and
WHEREAS, on June 19, 2014 (M&C C-26781), the Parties executed Amendment No. 4
(City Secretary Contract No. 43762-A4), to add $4,316,336 in funding to complete the design
and construction of the Public Safety Training Center n/k/a the Bob Bolen Public Safety
Complex (Resolution No. 4427-03-2015, March 17, 2015) and to establish a GMP of
$101,406,033.00; and
WHEREAS, on September 23, 2014 (M&C G27002), the City Council authorized
Change Order No. 1(City Secretary Contract No. 43762-CO1) in the amount of $400,000.00 for
construction of Fire Station 17 adjacent to the Bob Bolen Public Safety Complex, thereby
revising the GMP to $101,806,033.00; and
WHEREAS, the Parties desire to further amend the Agreement to deduct $250,000.00 in
funding from the Agreement, with Design-Builder's consent, to fund TPW Facilities
Management for Construction Administration services (Inspection) related to the Project.
NOW, THEREFORE, the Parties, hereby agree as follows:
I.
City Secretary Contract No. 43762 is hereby amended by reducing line item Code No.
900 of Attachment A-10 (attached to the original Agreement) by $250,000.00 for the purpose of
FIFTH AMENDMENT TO DESIGN-BUILD AGREEMENT CSC NO. 43762
The Comell FW Company, LLC — CFW Bob Bolen Public Safety Complex
Page 1
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funding TPW Facilities Management for Construction Administration services (Inspection)
related to the Project.
II.
All other terms and conditions of the Agreement, as amended, and not amended herein,
remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified
by the Parties.
IN WITNESS WHEREOF, the City and the Design-Builder have each executed this Fifth
Amendment in multiple counterparts by and through each Party's duly authorized signatory.
This Fifth Amendment is effective as of the last date subscribed by the City Manager's
Office.
The Cor 11 Co any,
Design- il r:
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Lee D:'fPatl Cornell
President
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Date:
City of Fort Worth
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Fernando Costa,
Assistant City Manager
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M&C N/A
Date: / e iS
as to Form and Legality:
Douglas W. Black
Assistant City Attc
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FIFTH AMENDMENT TO DESIGN-BUILD AGREEMENT CSC NO. 43762
The Cornell FW Company, LLC — CFW Bob Bolen Public Safety Complex
M�ry J. Kayser
City Secretary
���gFFICIAL RECOR�,;
�ITY SECRETARY
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Planning and Development