HomeMy WebLinkAboutContract 48124-A1 CITY-SE
ARY
AMENDMENT No.1 CONTRACT �1���✓j ��{�'�
TO CITY SECRETARY CONTRACT No. 48124
WHEREAS, the City of Fort Worth (CITY) and Haydon Building Corp
(CMAR) made and entered into City Secretary Contract No. 48124, (the
CONTRACT) which was authorized by M&C C-27877 on the 16th day of August,
2016 ; and
WHEREAS, the CONTRACT includes preconstruction professional services
in the amount of $ 51, 734 . 00for the following project :
Lake Worth Trail - Phase I (City Project Number 01920) ; and
WHEREAS, it has become necessary to execute Amendment No. 1 to the
CONTRACT to include an increased scope of work and revised fee.
NOW THEREFORE, CITY and CMAR, acting herein by and through their
duly authorized representatives, enter into the following agreement,
which amends the CONTRACT:
1 .
The CONTRACT is amended to include the additional preconstruction
services specified in a proposal dated June 22, 2017, a copy of which is
attached hereto and incorporated herein. The cost to City for the
additional design services to be performed by CMAR totals $1 ,287. 00.
(See Attached Funding Breakdown Sheet, Page -3-)
2 .
Article 2 of the CONTRACT is amended to provide for an increase in
the fee to be paid to CMAR for all work and services performed under the
Contract, as amended, so that the total fee paid by the City for
preconstruction work and services shall be an amount of $53, 021 . 00.
3 .
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect .
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City of Fort Worth 0
Professional Services Agreement Amendment Template OFFICIAL RECORD w
Page Official
Sal Release 8/1/2012 C'.Y 311CRUARY
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EXECUTED and EFFECTIVE as of the date last written by a signatory,
below.
APPROVED:
City of Fort Worth CMAR
'1 Haydon Building Corp
Digitally signed by Mark D Eklund
Mark D Eklund DN 1—M,,1 11 Eklund,o,
mail=m eklu ntl@haydonbc com,-US
Dale:2017 06 27 14U7 41-0700'
Sus n 4tanis Mark D Eklund
AssistanntlCity Manager Vice President
DATE: (mom f-1 DATE: 6/27/17
APPROVAL RECOMMENDED:
Richar Zavala
Direct r, Park and Recreation Department
APPROVED AS TO FORM AND LEGALITY: M&C:90 �Z)AP—
Date:
Douglas W. Black
Assistant City Attorney
ATTEST:
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City Secre ary`
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City of Fort Worth OFFICIAL RECORD
Professional Services Agreement Amendment Template CITY SECRETARY
PMO Official Release 8/1/2012 ■ �/
Page 2 of 3 FTI WORT"I T A
FUNDING BREAKDOWN SHEET
City Secretary No. 48124
Amendment No. 1
Department FID Amount
80 39301-0800450-5330500-C01920-C05030 $ 1, 287 . 00
Total : $ 1, 287 . 00
City of Fort Worth
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012
Page 3 of 3
4DHAYDON
Added Services Proposal
8200 Springwood Drive, Suite 230
Irving, Texas 75063
(972)264-1922 fax(972) 739-6405 DATE: 22-Jun-17
Lic.#A 108937, B-01 108085 JOB NO: C01920
RE: Pothole Headwall Foundation at 5700
ATTN. Naoto Kumazawa Quebec St Pedestrian Bridge -Lake
Worth
FROM: David Laughlin
DESCRIPTION QUANTITY UNIT UNIT PRICE BID TOTAL PRICE
Pothole Headwall Foundation 1 LS $ 1,287.00 $ 1,287.00
SUB-TOTAL ORGINAL $ 1,287.00
TOTAL ADDED SERVICES AMOUNT $ 1,287.00
THESE ARE TRANSMITTED as indicated below:
x For approval Approved as submitted Resubmit
For your use Approved as noted Submit copies
x As requested Returned for corrections Return prints
Review and comment Resubmit for approval
REMARKS:
This proposal has been requested so Haydon can pothole the headwall at the Pedestrian Bridge located near 5700
QUEBEC ST, FORT WORTH, 76135. There are no as-built plans depicting the base of the headwall structure and
information is needed (such as if there is a spread footer)to assist with design of the abutment(and drilled shafts)of the
proposed pedestrian bridge-while avoiding potential conflicts during construction. Due to the hard ground (rock)
conditions,we cannot pothole with a soft-dig machine. Rather we need to utilize a 410 backhoe or larger to perform the
investigation. This pricing accounts for one day of potholing as this should be sufficient to complete the investigation.
COPIES TO: FILE
SIGNED:
David Laughlin
Pre-Con Manager
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.
Naoto Kumazawa /
Name of Employee/Signature
Landscape Architect, Park and Recreation Department
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
7/6/2017 M&C Review
011icu site to the uty of Fort Worth,Texas
CITY COUNCIL AGENDA AF0 RT WO R7 H
COUNCIL ACTION: Approved As Amended on 8/16/2016
DATE: 8/16/2016 REFERENCE C-27877 LOG NAME: 80LAKE WORTH TRAIL PHASE
NO.: I_C MAR
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Construction Manager-at-Risk Agreement with Haydon Building
Corp for the Lake Worth Trail Phase I Project with a Preconstruction Phase Services Fee
in the Amount of$51,734.00 and a Construction Phase Services Fee of Eight Percent of
the Guaranteed Maximum Price Within a Project Construction Budget of$5,421,560.00,
Provide for City Construction Contingencies, Administration Costs, Inspections, Material
Testing for a Total Project Construction Budget of$6,068,400.00, Authorize Execution of
Amendment No. 3 to City Secretary Contract No. 44073 with Freese & Nichols, Inc., in the
Amount of$200,000.00 for Additional Engineering Services for the Lake Worth Trail Phase
I Final Design Increasing the Project Design Costs to $1,298,834.00 with the Overall
Project Budget of$7,347,234.00 (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Construction Manager-at-Risk Agreement with Haydon Building Corp
for the Lake Worth Trail Phase I Project with a preconstruction phase services fee in the amount of
$51,734.00 and a construction phase services fee of eight percent of the guaranteed maximum price
within a project construction budget of$5,421,560.00.
2. Authorize the execution of Amendment No. 3 to the Engineering Agreement with Freese and
Nichols, Inc., (City Secretary Contract No. 44073) in an amount not to exceed $200,000.00 for
engineering services associated with the Lake Worth Trail Phase I Final Design increasing the project
design costs to $1,298,834.00 .
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a
Construction Manager-at-Risk (CMAR)Agreement with Haydon Building Corp for the Lake Worth Trail
Phase I Project with a preconstruction phase services fee in the amount of$51,734.00 and a project
construction budget of$5,421,560.00 within which the construction phase services fee of eight percent
of the guaranteed maximum price shall be included. Staff is reserving the amount of$626,840.00 for
contingencies, administration costs, inspections and material testing. The total project budget, including
design, is $7,347,234.00. The project scope includes the construction of approximately 5.6 miles of trail
beginning at Trinity Trail near Anahauc Street going through YMCA Camp Carter, Marion Sansom
Park, along Cahoba Drive through Windswept Circle Park and Plover Circle Park terminating at a
Trailhead in Arrow 'S' Park.
Construction Manager-at-Risk:
Due to factors of budget and site challenges, the design team determined that utilization of the
Construction Manager-at-Risk method will increase and/or enhance functionality resulting from
preconstruction review, phasing and sequencing of project delivery to reduce impacts to park users
during construction, and employ cost-savings and/or cost-avoidance techniques and reduce overall
delivery timeline.
Construction Manager-at-Risk Selection:
A Request for Proposals (RFP) for a CMAR was published on Thursday, April 21, 2016 and Thursday,
April 28, 2016 in the Fort Worth Star Telegram. A pre-proposal meeting and site tour was held May 3,
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22565&councildate=8/16/2016 1/4
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2016. Six proposals were received on May 19, 2016 from the following firms: The Fain Group, Inc., C.
Green Scaping, Haydon Building Corporation, Scott Tucker Construction Company, LLC, W.B. Kibler
Construction Co. LTD, and NorthStar Construction, LLC/FWCC Fort Worth Civil Constructors, LLC.
On May 21, 2016 and May 26, 2016 a selection committee of five members, which consisted of
representatives from the Park and Recreation Department (PARD), Transportation and Public Works
Department (TPW), and the Housing and Economic Development Department (M/WBE), convened to
review the proposals. The selection committee assigned values for each firm based on the published
criteria, including: (a) cover letter, (b)forms and certificates, (c) experience and financial stability, (d)
pre-construction service fee, (e) qualifications and experience of key personnel, (f) project approach, (g)
compliance with BDE Ordinance, (h) special considerations and (i) proposer's responsiveness. Note:
Items (a), (b) and (i)were non-point based and were scored as a pass or fail with each proposer
meeting the requirements, thus not shown in table below. Based on the evaluation of the listed factors,
Haydon Building Corporation received the most points and is selected as the firm that demonstrated the
most effective CMAR project delivery approach.
EVALUATION FACTORS
FIRMS (c) (d) (e) (f) (g) (h) TOTAL RANK
POINTS
Haydon Building Corp [_73 F7 95190 19 30444 1
The Fain Group 67 64 75 133 12 35 386 2
Scott Tucker Construction 45 70 77 134 12 10 348 F 3
W. B. Kibler Construction 47 40 78129 PO 5 Pog
4
NorthStar/FWCC 52 33 [57 86 12 25 265 5
C. Green Scaping F33 49 52 89 4 7 234 6
The project budget includes the following:
Description Amount
Preliminary Design Contract $293,328.00
Design Amendment No. 1 I $89,110.00
Design Amendment No. 2 $598,940.00
[Design Amendment No. 3 $200,000.00
Design Administration $117,456.00
DESIGN SUBTOTAL ( $1,298,834.00
Construction Budget - Includes:
1.) CMAR Pre-Construction Phase Services ($51,734.00) $5,421,560.00
2.) CMAR Construction Phase (includes an eight percent
management fee of GMP) (GMP to be determined)
http://apps.cfwnet.orgtcouncilj)ackettmc review.asp?ID=22565&councildate--8/1612016 214
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City's Contingency, Administration, Inspections and Material Testing 626,840.00
CONSTRUCTION SUBTOTAL $6,048,400.00
PROJECT TOTAL $7,347,234.00
Funds were earmarked for trail construction in the 2007 Lake Worth Capital Improvement
Implementation Plan which is funded by Lake Worth Gas Lease Capital Fund. Total appropriations are
summarized below.
Date M&C Amount
12/4/12 C-25989 $300,000.00
5/6/14 C-26791 $120,000.00
7/21/15 C-27382 i $658,834.00
12/15/15 G-18625 $7,344-A9$6,268,400.00
Tarrant Regional Water District Participation:
The City and the Tarrant Regional Water District (TRWD) (M&C C-27382) considered an Interlocal
Agreement regarding cash funds to support the project; however with reduced gas lease revenues,
TRWD requested a change in its participation structure such that in lieu of a cash contribution, TRWD
will now support the project with in-kind services. PARD staff have been working with TRWD to identify
potential in-kind services such as providing pedestrian bridges, park signage and 911 signs. These in-
kind services will reduce the overall impact to the total cost for construction. The original ILA was never
executed. A_revised ILA for in-kind services may be entered into at an appropriate time.
Design Services Agreement Amendment:
On January 8, 2008, (M&C G-16013)the City Council amended the Gas Well Revenue Distribution
Policy to allow for revenues derived from lease bonuses and royalties from properties in and around
Lake Worth to be used for the execution of the 2007 Lake Worth Capital Improvements Implementation
Plan.
On December 16, 2008, (M&C C-23262)the City Council authorized Freese and Nichols to produce a
preliminary Lake Worth Trail Routing Study for the hike and bike trail around Lake Worth, which is
currently being used to define the scope of the final trail layout and design.
On December 4, 2012, (M&C C-25989)the City Council authorized an Engineering Agreement with
Freese and Nichols in the amount of$293,328.00 for design services for the Lake Worth Trail
Preliminary Design.
On May 6, 2014, (M&C C-26791) the City Council authorized the execution of Amendment No. 1 to the
Engineering Agreement with Freese and Nichols in the amount of$89,110.00 for additional design,
engineering and surveying services for the Lake Worth Trail Preliminary Design.
On July 21, 2015, (M&C C-27382) the City Council authorized the execution of Amendment No. 2 to
the Engineering Agreement with Freese and Nichols in the amount of$598,940.00 to perform final
design, engineering and surveying services for the Lake Worth Trail Phase I Final Design.
Contract Amendment No. 3 Freese and Nichols proposes additional engineering and surveying
services for a lump-sum amount not to exceed of$200,000.00 for items not previously scoped and Staff
considers this to be fair and reasonable for the scope of services proposed.
The MMBE Office has determined that there is no MBE diverse goal for Pre-Construction Phase
Services. The overall diverse MBE goal for Construction Phase Services for this project is 15 percent
and Haydon Building Corp has stated that it can exceed the minimum goal of 15 percent MBE
participation required for this project during the construction phase by achieving 18 percent
participation.
http://apps.cfwnet.orgtcouncil_packettme review.asp?ID=22565&councildate=8/16/2016 34
7/6/2017 M&C Review
Freese and Nichols, Inc., agrees to maintain its initial SBE commitment of 25 percent that it made on
the original Agreement and extend and maintain that same SBE commitment of 25 percent to all prior
amendments up to and inclusive of this Amendment No. 3. Therefore, Freese and Nichols, Inc.,
remains in compliance with the City's BDE Ordinance and attests to its commitment by its signature on
the Acceptance of Previous SBE Commitment form executed by an authorized representative of its
company.
An annual maintenance cost of$78,700.00 is expected for this project.
The Lake Worth Trail project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as appropriated,
of the Lake Worth Gas Lease Capital Improvement Fund, and funds from Tarrant Regional Water
District will not be received.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID I L Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
39301 0800450 5330500 C01920 C05030 $200,000.0
1 39301 0800450 5330500 C01920 C05030 $51,734.0
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek(5744)
ATTACHMENTS
Form 1295 rev1.ndf
LWT FNI Form 1295.odf
LWT-Phase 1 Map-032916.pdf
http://apps.cfwnet.orgtcouncilj)ackeVmc review.asp?ID=22565&councildate=8/16/2016 4/4
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos.1-4 and 6 it there are Interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-79499
Haydon Building Corp
Phoenix,AZ United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which a forms 07/05/2016
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contralof,and provide a
description of the services,goods,or other property to be provided under the contract.
C01920
Pedestrian Trail and River Bridges for Lake Worth Trail Phase 1
4 Nature of Interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Behrhorst,Fritz Phoenix,AZ United States X
Keeble,Les Phoenix,AZ United States X
Haydon,Gary Phoenix,AZ United States X
Pulice,James phoenix,AZ United States X
Eklund,Mark Phoenix,AZ United States X
5 Check only if there is NO Interested Party. n
5 AFFIDAVIT
I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
OFFICIAL SEAL Digitally sigrxd by Mark 0 EWmd
DEBBIE A. O'CONNER Mark D Eklund c0 W,o�,'awU-n rd'h
Nok q Public-Stals of Arizona045
MARICOPACOUNTY Date:7016 07A5 06:49:18 ar00'
My Comm.Expires March 1,201a Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Z1Swom to and subscribed before me,by the said this the_�_day of
20_Z4�- to certify which,witness my hand and seal of office.
za k-- 4 �6
Signature of officer administering oath Printed name of officer administering oath Title of o cer ministenng oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021