HomeMy WebLinkAboutContract 62766-A1City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62766
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Date Received: City Secretary
Time Received: Contract Number:
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 62766
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND CRESCENT PROPERTY SERVICES LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
62766 (“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 Crescent Property
Services LLC (“Developer”).
WHEREAS, the City and Developer entered into a Community Facilities Agreement for
the construction of public infrastructure improvements for a Project generally described as Camp
Bowie Boulevard Roadway Improvements, City Project Number 104639, City Secretary Contract
Number 62766 (“CFA”); and
WHEREAS, on April 8, 2025, through M&C 25-0287, the City Council authorized an
amendment to the CFA to designate the remaining funding appropriated for the project in the
amount of $981,148.43 as contingency funds that will not require separate City Council
authorization if needed, but will require the execution of change orders by the City; and
WHEREAS, the City and Developer desire to amend the CFA to reflect the addition of the
remaining funding into the Developer’s contingency; and;
WHEREAS, City and Developer desire to amend the CFA to reflect the use of a portion of
the Developer’s contingency funding;
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. 62766:
1.
The tenth recital of the CFA which reads “WHEREAS, the City desires to participate in
this agreement in an amount not to exceed $13,105,115.57 as authorized by City Council through
approval of M&C 24-0954 on November 12, 2024 (“City Participation”); and” is amended in its
entirety to be and read as follows:
WHEREAS, the City desires to participate in this Agreement in an amount not to exceed
$14,086,264.00 as authorized by the City Council through approval of M&C 24-0954 on
November 12, 2024 and approval of M&C 25-0287 on April 8, 2025 (“City Participation”);
and
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62766
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2.
The eleventh recital of the CFA which reads “WHEREAS, the City Participation includes
reimbursement to Developer in amounts not to exceed $12,898,657.00 for construction costs, and
$74,592.32 for material testing costs. The remaining City Participation in the amount of
$131,866.25 shall not be paid to Developer, but will be used by the City to pay for the City’s
portion of construction inspection services fees, administrative material testing service fees, and
water lab testing fees; and” is amended in its entirety to be and read as follows:
WHEREAS, the City Participation includes reimbursement to Developer in amounts not
to exceed $12,988,657.00 for construction costs, $90,978.00 for material testing costs,
$101,736.00 for McCarthy Pre-Construction Fees and $773,026.75 in Developer
contingency funds. The remaining City Participation in the amount of $131,866.25 shall
not be paid to Developer, but will be used by the City to pay for the City’s portion of
construction inspection services fees, administrative material testing service fees, and water
lab testing fees; and
3.
The thirteenth recital of the CFA which reads “WHEREAS, Developer will only be
responsible for construction costs that exceed $13,105,115.57 if such costs are caused by the
negligence or willful misconduct of Developer, delays caused by Developer, a breach of this
Agreement by Developer, Developer-directed scope changes, or the Developer’s interference with
the progress of the work; and” is amended in its entirety to be and read as follows:
WHEREAS, Developer will only be responsible for directly funding the cost of the
project set forth in this agreementif such costs exceed the amount of the City Participation
as set forth in Section 37(a) and are caused by the negligence or willful misconduct of
Developer, delays caused by Developer, a breach of this Agreement by Developer,
Developer-directed scope changes, or the Developer’s interference withthe progress of the
work; and
4.
Section 37 of the CFA is amended in its entirety to be and read as follows:
37.
City Participation; Fiscal Funding Limitation
(a)The City shall reimburse Developer in amounts not to exceed $12,988,657.00 for
construction costs, $90,978.00 for material testing costs, $101,736.00 for McCarthy Pre-
Construction Fees, and $773,026.75 in Developer contingency funds if the Developer
contingency funds are approved by the City for use in the project through change orders or
an amendment to this Agreement. The remaining City Participation in the amount of
$131,866.25 shall not be paid to Developer, but will be used by the City to pay for the
City’s portion of construction inspection services fees, administrative material testing
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62766
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service fees, and water lab testing fees.
(b) Developer shall verify that each application for payment is due and payable under the
contracts between Developer and its contractor and that any Improvements that are the
subject of applications for payment have been constructed to the point represented in the
application for payment. Developer shall submit payment requests to the City, in the form
of an invoice, no more frequently than one time per month to obtain reimbursement of the
City Participation (each a “Payment Request”). Each Payment Request shall be delivered
to the City through the City’s Trimble software system. Each Payment Request submitted
by Developer shall be accompanied with proof that: (1) Developer has received an invoice
from the contractor/engineer/consultant for the amount included in the Payment Request;
and (2) for Developer’s contractor, an affidavit and lien release from the contractor
indicating that Developer has paid the contractor in full for the amount included in each
prior Payment Request and the contractor has paid all direct subcontractors and material
suppliers in full for amounts included in each prior Payment Request. City shall pay all
Payment Requests that are not disputed within 30 days of receipt of the Payment Request.
City shall withhold retainage in the amount of 5% of construction costs invoiced by the
Developer’s contractor, except that no retainage shall be withheld on contractor’s fee or
general conditions costs. Developer must register as a vendor of the City in order for the
City Participation to be paid to Developer.
(c) Developer will only be responsible for directly funding the cost of the project set forth in
this Agreement if such costs exceed the amount of City Participation as set forth in Section
37(a) and are caused by the negligence or willful misconduct of Developer, delays caused
by Developer, a breach of this Agreement by Developer, Developer-directed scope
changes, or the Developer’s interference with the progress of the work.
(d) Notwithstanding any statement to the contrary herein, the City’s obligation to pay the
Reimbursement to Developer shall survive the expiration of the Term (including any
Extension Period(s)) until the Reimbursement due and owing to Developer is paid in full.
(e) Substantial completion of the Improvements shall occur after Developer’s contractors
notify the City that the Improvements are constructed and ready for their intended use, the
City and Developer’s contractors inspect the Improvements, and the City concurs that the
Improvements are substantially complete, which concurrence shall not be unreasonably
withheld, conditioned or delayed. Any retainage withheld from the City Participation will
be released and paid to Developer within thirty-five days of final completion (as defined
in the construction contract for the Improvements) of the Improvements.
(f) The funds in this Agreement that have been identified as owner allowances and
construction contingency shall not be used or paid to Developer by the City until a written
change order has been executed by the City, Developer and the Contractor. Such change
order shall not require the approval of the City Council.
.
Section 42 of the CFA is amended in its entirety to be and read as set forth in Exhibit “A”
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62766
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of this First Amendment.
a. All other provisions of City Secretary Contract Number 62766 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 62766.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62766
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IN WITNESS WHEREOF,the Cityand Developer have each executedthis Agreement by their duly
authorized signatories to be effective on the date executed by the City’s Assistant City Manager.
CITY OF FORT WORTH CRESCENT PROPERTY SERVICES LLC,
a Delaware limited liability company
Jesica McEachern
AssistantCityManager
Date:
Recommendedby:
Name: Kevin Crum
Title: Senior Vice President
Date:
Dwayne Hollars
ContractComplianceSpecialist
Development Services
Approved as to Form & Legality:
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 25-0287
Date: 4/8/2025
Form 1295: 2025-1272238
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
ATTEST:Kandice Merrick
DevelopmentManager
JannetteS.Goodall
City Secretary
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62766
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EXHIBIT A
42.
Cost Summary Sheet
Project Name: Camp Bowie Boulevard Roadway Improvements
CFA No.: 24-0132 City Project No.: 104639 IPRC No.: 24-0119
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62766
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City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62766
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City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 62766
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