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Home My WebLink AboutContract 57409-A1 CSC No. 57409-A1 AMENDMENT No. 1 TO CITY SECRETARY CONTRACT No. 57409 WHEREAS, the City of Fort Worth (CITY) and Dean Electric, Inc. , dba Dean Construction (CMAR) made and entered into City Secretary Contract No. 57409 (the CONTRACT) , which was authorized by M&C 22-0241 on the 29th day of March, 2022 for pre-construction services fee in the amount of $3, 500 . 00 and a construction services fee of 3 . 5% of the Guaranteed Maximum Price (GMP) within a Project Construction Budget of $1, 500, 000 . 00; and WHEREAS, the CONTRACT calls for pre-construction and construction services for the following project: Fire Station Park Expansion (CPN CO2638) ; and WHEREAS, pursuant to Article 4 of the Contract, the parties desire to execute Amendment No. 1 to the CONTRACT to establish the Guaranteed Maximum Price (GMP) for the construction phase of the Project; 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 project construction budget is amended to be increased in the amount of $1, 009, 464 . 00, thereby increasing CMAR contract amount from $1, 503, 500 . 00 to $2, 512, 964 . 00; and 2 . The GMP for construction of the Project shall be the amount not to exceed $2, 512, 964 . 00, inclusive of the CMAR' s 3. 5% fee, as specified in the original agreement. The GMP proposal attached hereto is within the project budget, and the Staff finds that the fees and costs are fair and reasonable for the work proposed. 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. OFFICIAL RECORD City of Fort Worth CITY SECRETARY CMAR Agreement Amendment Page 1 of 3 FT. WORTH, T EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager. APPROVED: City of Fort Worth CMAR Q Dean Construction �C� '� 4 &3��z Jesica L. McEachern Greg F` augh Assistant City Manager CEO/President DATE: Nov 1, 2022 DATE: APPROVAL RECOMMENDED: fa--, Dave Lewis Interim Director, Park & Recreation Department 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 . Jing Yang, Landscape Architect Manager Park & Recreation Department APPROVED AS TO FORM AND LEGALITY: M&C: 22-0800 Jeremy Anato-Mensah Assistant City Attorney I Date: 10/11/2022 ATTEST: o�oF 000 4 � o 0��d 4affiette S.Goodall(Nov 1,2022 16: DT) /►o o d Jannette S . Goodall 000 S=d 0 0 City Secretary �*o o*�d 0 .d 00000000 cy OFFICIAL RECORD City of Fort Worth Agreement Amendment Page 2 of 3 CITY SECRETARY Page FT. WORTH, TX GUARANTEED MAXIMUM PRICE PROPOSAL City Secretary No. 57409 Amendment No . 1 Fund-Account-Center Amount 30286-0800450-4928604—0O2638-004980 $650, 000 . 00 30110-0800450-4640006—0O2638-004980 $359, 464 . 00 Total = $1,009,464.00 City of Fort Worth CMAR Agreement Amendment Page 3 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORTII Create New From This M&C DATE: 10/11/2022 REFERENCE**M&C 22- LOG 80FIRE STATION PARK CMAR NO.: 0800 NAME: AGREEMENT AMENDMENT NO.1 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 9)Authorize Execution of Amendment No.1 to City Secretary Contract No. 57409, a Construction Manager at Risk Agreement with Dean Electric, Inc., dba Dean Construction, in the Amount of$1,009,464.00 for the Fire Station Park Expansion Project, for a Revised Contract Amount of$2,512,964.00; Accept Funds in the Amount of $650,000.00 from Tax Increment Reinvestment Zone #4 - Southside Medical District; Adopt Appropriation Ordinances and Amend the Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No.1 to City Secretary Contract No. 57409, a Construction Manager at Risk Agreement with Dean Electric, Inc. dba Dean Construction, for the Fire Station Park Expansion project, in the amount of $1,009,464.00, for a revised contract amount of $2,512,964.00; 2. Accept Tax Increment Reinvestment Zone #4 - Southside Medical District Fund, in the amount of $650,000.00 for the Fire Station Park Expansion project (City Project No. CO2638); 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the TIRZ General Capital Fund in the amount of $650,000.00, transferred from Tax Increment Reinvestment Zone #4 - Southside Medical District Fund for the purpose of funding the Fire Station Park Expansion project; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Dedication Fees Fund in the amount of $600,000.00, from available funds, for the purpose of funding the Fire Station Park Expansion project; and 5. Amend the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of Amendment No.1 to the Construction Manager at Risk(CMAR) agreement with Dean Electric, Inc., dba Dean Construction (Dean Construction), for the Park& Recreation Department's (PARD) Fire Station Park Expansion project, in the amount of$1,009,464.00, for a revised CMAR contract amount of$2,512,964.00, accept local funding from Tax Increment Reinvestment Zone#4 - Southside Medical District (TIRZ 4), appropriate $600,000.00 in receipts and appropriations in the Park and Recreation (PARD) Dedication Fees Fund, and amend the Fiscal Year 2022-2026 Capital Improvement Program. On August 30, 2016, the City Council authorized the acquisition of approximately 1.35 acres of land located at 1616 Hemphill Street for the expansion of the existing Fire Station Park (M&C L-15946). On April 26, 2019, an Engineering Services Agreement with Pacheco Koch Consulting Engineers, Inc. (Pacheco Koch)was administratively executed in an amount of$10,000.00 to prepare Phase I development of the site (City Secretary Contract No. 52234). On May 6, 2020, the City Council authorized Amendment No. 1 to the agreement in an amount of$124,828.00 to provide additional design and construction documents for the site (M&C 20-0321). On August 8, 2022,Amendment No. 2 to the agreement was administratively executed in an amount of$49,300 to provide construction administration services, for a total contract amount of$184,128.00. On March 29, 2022, the City Council authorized (M&C 22-0241)the CMAR agreement with Dean Construction (City Secretary Contract No. 57409) in the amount of$1,503,500.00, for the installation of 2 skate parks and a market plaza in Fire Station Park. Amendment No.1 increases the scope to include the installation of a steel pavilion, pump track, lighting, pedestrian walkway, event lawn turf and angled street parking. The additional scope is consistent with the park master plan. The project construction cost of Amendment No.1 is $1,009,464.00, which brings the total CMAR contract to $2,512,964.00. The overall project cost, inclusive of design and construction, is $2,697,092.00. This project is being funded by City PARD Dedication Fees Fund, private funds raised by Historic Southside, Inc., dba Near Southside Arts, Inc. (NSA) and TIRZ 4 funds. The total funding increase is outlined below. Original Budget Revised Fund Source Authority Budget Adjustment Budget General F Capital S Near M&C 22- outhside Arts 0241 $680,000.00 $0.00 $680,000.00 Projects und rCapitRZ General TIRZ#4 - al Fund Southside This M&C $0.00 $650,000.00 $650,000.00 Medical District , -F PARD Central City M&C 22- F Dedication Fees (Near 0241; This $1,200,000.00 $600,000.00 $1,800,000.00 Fees Fund Southside M&C Units) -F Lease Gas Capital Gas Lease M&C G- $9,446.00 $0.00 9,446.00 Project Fund AR -F- 7 Bonus 18917 TOTAL FUNDING $1,889,446.00 $1,250,000.00 $3,139,446.00 Funding for this project was not included in the Fiscal Years (FY) 2022-2026 Capital Improvement Program (CIP) due to unrealized TIRZ 4 funds at the time of CIP submission. The action in this M&C will amend the FY 2022-2026 CIP. Funding is budgeted in the Capital Interfund Transfer Out account of the Economic Development Department's TIRZ 4 Fund and available funds within the PARD Dedication Fees Fund for the purpose of funding the Fire Station Park Expansion project. Schedule— Construction services for Fire Station Park Expansion project began in July 2022.Amendment No.1 will extend the completion time of the whole project to March 2023. Amendment No. 1 will have no impact on the Park& Recreation Department's annual operating budget when completed. Business Equity Goal —The City's Business Equity goal on the Amendment No.1 of this CMAR project is 11\%. Dean Construction is in compliance with the City's Business Equity Ordinance by committing to 11\% Business Equity participation on this project. Fire Station Park is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the TIRZ 4 Fund and the Park Planning District(PPD)4.7-6 project within the PARD Dedication Fees Fund to support approval of the above recommendations; and upon adoption of the appropriation ordinances, funds will be available in the Fire Station Park Expansion project to support the execution of amendment No.1 to City Secretary Contract No. 57409. Prior to an expenditure being incurred, the Park& Recreation Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department_ Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jesica McEachern (5804) Originating Department Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 1295 Form.pdf (CFW Internal) 80FIRE STATION PARK CMAR AGREEMENT AMENDMENT NO.1 funds availability pdf (CFW Internal) 80FIRE STATION PARK CMAR AGREEMENT AMENDMENT NO.1 Updated FID.xlsx (CFW Internal) CO2638 Fire Station Park 2022 080 12.jpg (CFW Internal) CO2638 Fire Station Park Amendment 1 COMPLIANCE MEMO.pdf (CFW Internal) LOCATION MAP.pdf (Public) ORD.APP80FIRE STATION PARK CMAR AGREEMENT AMENDMENT NO.1 30110 A022(r3).docx (Public) ORD.APP80FIRE STATION PARK CMAR AGREEMENT AMENDMENT NO.1 30286 A022(r2).docx (Public) Fire Station Park Amendment No. 1 Increase construction scopes: Striping/HC signs $3,200.00 Barricading $8,500.00 Demo/earthwork $61,841.00 Site concrete $93,800.00 Pavilion foundation $19,300.00 Pavilion $93,000.00 Pump Track $173,325.00 Pavers $60,458.00 Irrigation $40,211.00 Landscape $26,900.00 Grade Maintenance $25,000.00 Turf Establishment $24,195.00 River Cobble $28,495.00 Site Amenities $19,900.00 Site Electrical $104,332.00 Vehicular paving/curb $39,113.00 Asphalt repair $4,000.00 Total $825,570.00 contingency $94,844.00 $920,414.00 General Conditions $64,428.98 Fee $24,621.02 GMP $1,009,464.00 Fire Station Park Phase I CMAR and Amendment No. 1 Map MADDOX AVENUE 43'NGHT OF WAY J I I (� SHEET L5.03 • SHEET L5.02 " I. - LAYOUT PLAN - : . ,. °' .^, ' AREA 3 AREA 2 Sol 1 ------- ------- -- ------%-- I IL - 1 IV Y SHEET L5.C4 W LAYOUT PLAN jl Future Phase AREA 4 II Legend: 0 Phase I CMAR Phase I CMAR Amendment No.1 0 Future Phase