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Home My WebLink AboutContract 62766-A2City of Fort Worth, Texas Amendment No. 2 to City Secretary Contract No. 62766 Page 1 of 7 Date Received: _______________ City Secretary Time Received: ______________ Contract No.: ____________ SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 62766 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CRESCENT PROPERTY SERVICES LLC This SECOND 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 June 24, 2025, through M&C 25-0643, the City Council authorized an amendment to the CFA to increase City Participation in the amount of $571,000.00 for full width brick replacement instead of trench repair of the historic brick section of the street; and WHEREAS, City and Developer desire to amend the CFA to reflect the revised 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 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 $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” 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 $14,662,974.00 as authorized by the City Council through approval of M&C 24-0954 on November 12, 2024, approval of M&C 25-0287 on April 8, 2025, and approval of M&C 25-0643 on June 24, 2025 (“City Participation”); and 2. The eleventh recital of the CFA which reads “WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $12,988,657.00 for construction costs, City of Fort Worth, Texas Amendment No. 2 to City Secretary Contract No. 62766 Page 2 of 7 $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” is amended in its entirety to be and read as follows: WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $13,559,657.00 for construction costs, $96,688.00 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. Section 37, subsection (a) of the CFA is amended in its entirety to be and read as follows: (a)The City shall reimburse Developer in amounts not to exceed $13,559,657.00 for construction costs, $96,688.00 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 $131,866.25 shall not be paid to Developer, but will be used by the City to pay for the City’s portion of construction inspection services fees, administrative material testing service fees, and water lab testing fees. 4. Section 42 of the CFA is amended in its entirety to be and read as set forth in Exhibit “A” of this Second Amendment. 5. a.All other provisions of City Secretary Contract Number 62766 which are not expressly amended herein, shall remain in full force and effect. b.All terms in this Second Amendment that are capitalized, but not defined, shall have the meanings ascribed to those terms in City Secretary Contract Number 62766. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas Amendment No. 2 to City Secretary Contract No. 62766 Page 3 of 7 IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City’s Assistant City Manager. CITY OF FORT WORTH CRESCENT PROPERTY SERVICES LLC, a Delaware limited liability company Jesica McEachern AssistantCityManager Date: Recommendedby: Name: Kevin Crum Title: Senior Vice President Date: Dwayne Hollars ContractComplianceSpecialist Development Services Approved as to Form & Legality: Richard A. McCracken Sr. Assistant City Attorney M&C No. 25-0643 Date: 6/24/2025 Form 1295: 2025-1312239 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ATTEST:Kandice Merrick DevelopmentManager JannetteS.Goodall City Secretary City of Fort Worth, Texas Amendment No. 2 to City Secretary Contract No. 62766 Page 4 of 7 EXHIBIT A 42. Cost Summary Sheet Project Name: Camp Bowie Boulevard Roadway Improvements CFA No.: 24-0132 City Project No.: 104639 IPRC No.: 24-0119 Items Developer's Cost TPW Cost Water Cost Total Cost GW -$ 48,074.00$ -$ 48,074.00$ WC #1-Earthwork & Demo -$ 1,452,399.00$ 113,000.00$ 1,565,399.00$ WC #2- Concrete Paving & Flatwork -$ 1,924,128.00$ 300,000.00$ 2,224,128.00$ WC #3-Colored & Stamped Concrete -$ 476,904.00$ 65,385.00$ 542,289.00$ WC #4- Electrical & Lighting -$ 1,350,000.00$ -$ 1,350,000.00$ WC #5- Landscaping & Irrigation -$ 400,622.00$ 5,872.00$ 406,494.00$ WC #6- Traffic Control -$ 233,367.00$ -$ 233,367.00$ WC #7- Brick Pavers -$ 678,803.00$ 449,500.00$ 1,128,303.00$ WC #8- Underground Utilities -$ -$ 2,021,088.00$ 2,021,088.00$ M1-General Conditions -$ 1,203,831.00$ 521,736.00$ 1,725,567.00$ M2- CCIP Builder's Risk Insurance -$ 168,428.00$ 71,799.00$ 240,227.00$ M3- Fee -$ 608,259.00$ 259,399.00$ 867,658.00$ M4- McCarthy Performance & Payment Bond -$ 73,105.00$ 29,736.00$ 102,841.00$ M5- Construction contingency -$ 426,621.00$ 177,601.00$ 604,222.00$ M6- Owner Allowances -$ 500,000.00$ -$ 500,000.00$ Total Construction Cost (excluding the fees): -$ 9,544,541.00$ 4,015,116.00$ 13,559,657.00$ Estimated Construction Fees: A. Construction Inspection Service Fee -$ 105,300.00$ 19,237.50$ 124,537.50$ B. Administrative Material Testing Service Fee -$ 5,512.00$ 1,378.00$ 6,890.00$ C. Water Testing Lab Fee -$ -$ 438.75$ 438.75$ D. Material Testing Cost* -$ 16,385.68$ 80,302.32$ 96,688.00$ E. McCarthy Pre-Construction Fees (CMAR)* -$ 101,736.00$ -$ 101,736.00$ Total Estimated Construction Fees: -$ 228,933.68$ 101,356.57$ 330,290.25$ Developer Contingency* -$ 773,026.75$ -$ 773,026.75$ TOTAL PROJECT COST -$ 10,546,501.43$ 4,116,472.57$ 14,662,974.00$ City of Fort Worth, Texas Amendment No. 2 to City Secretary Contract No. 62766 Page 5 of 7 City of Fort Worth, Texas Amendment No. 2 to City Secretary Contract No. 62766 Page 6 of 7 City of Fort Worth, Texas Amendment No. 2 to City Secretary Contract No. 62766 Page 7 of 7