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HomeMy WebLinkAboutContract 45717-A1 CITY SECRETARY �/ CONTRACT NO. S I�y�"la AMENDMENT No.1 TO CITY SECRETARY CONTRACT No.45717 WHEREAS, the City of Fort Worth (CITY) and McCarthy Building Companies, Inc. , (CMAR) made and entered into City Secretary Contract No. 45717, (the CONTRACT) which was authorized by M&C C-26514 on the 22nd day of October, 2013 in the amount of $60, 000 . 00; and WHEREAS, the CONTRACT includes preconstruction professional services for the following project: HEMPHILL STREET EXTENSION from Lancaster Avenue to Vickery Boulevard (City Project Number 00141) ; and WHEREAS, it has become necessary to execute Amendment No . 1 to the CONTRACT to provide for 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 . Article 1 - Services, of the CONTRACT, at Section 1 . , is amended to include the additional Pre-Construction Services specified in a proposal dated February 4, 2016, a copy of which is attached hereto and incorporated herein. The cost to City for the additional preconstruction professional services performed by Engineer totals $57, 164 . 00 . (See Attached Funding Breakdown Sheet, Page -3-) 2 . Article 2 - Compensation, of the CONTRACT, at Section 1 . , is amended to provide for an increase in the fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall be an amount of $117, 164 . 00 . 3 . All other provisions of the CONTRACT, which are not expressly amended herein, shall remain in full force and effect. rOFFICIAL RECORD SECRETARY City of Fort Worth Professional Services Agreement Amendment WORTH,TX Page 1 of 3 EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager, below. APPROVED: City of Fort Worth CMAR McCarthy Building Companies, Inc. Jesus J. Chapa rry May r, P.E. Assistant City Manager Vice President of Operations, Texas Division} J �n DATE: �' p� DATE: - I APPROD RECOMMENDED: W, l,✓ Douglas V6 Wiersig, P\ . Director, Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: C 17 3B Date : . 1 < Douglas W. Blackly S ?.O16 • 'C�Z� Assistant City Attorney ATTEST: �. �® tj Mary2ary e CityV OFFICIAL RECORD CITY SECRETARY City of Fort worth FT.WORTH,TX Professional Services Agreement Amendment Page 2 of 3 FUNDING BREAKDOWN SHEET City Secretary No. 45717 Amendment No. 1 Department Fund-Account-Center Amount 20 C200-539120-209230014180 $57, 164 . 00 Total: $57,164. 00 City of Fort Worth Professional Services Agreement Amendment Paige 3 of 3 650 WEST ViGKERY BLVD FORT WORTH,TEXAS 76104 (81713W5875 www.m=rthy orri February 4,2016 City of Fort_Worth Transportation and Public Works 1000 Throckmorton Street Fort Worth,Texas 76102 Attn: Mr.Michael Weiss-PE Additional Professional Services-Preconstruction Hemphill Street Underpass Project#00141, DOE 6120 Dear Mr.Weiss, ' Please find attached a breakdown of the costs associated with the additional professional services support that was supplied to the City for preconstruction efforts after completion of GMP1 at the Hemphill Street Underpass Project. Upon completion of the GMP1 Construction for the Hemphill Street Underpass Drainage-Improvements work package, McCarthy:Building Companies..(McCarthy) as the Construction Manager at Risk(CMAR) was requested to stay on site and assist the City with procurement of the Union Pacific Railroad Agreement as well as prepare subtequeht construction packages to complete the Hemphill Street Underpass Project. As the costs for these services were above and beyond the preconstruction phase services that were finalized at the start of GMP1,we are requesting that a change order to our contract in the amount of $57;164:00 be executed to reimburse the costs to the CMAR for our additional costs incurred during this time. Please see the attached breakdown which mirrors the detail we previously discussed. Please do not hesitate to call me with any questions or concerns. Sincerely, JoFrazier Senior Project Manager McCarthy Building Companies, Inc. CC: Martin Phillips—Engineering Manager,City of Fort Worth Enc: Additional Professional Services. 11 y f'% h III J Membed Pricing McCARTHY Job: HwnpMO Street Undsnpass Additional Consh eUon SwMm at the HempMM Skirt Bale: Cempktlon of Pruj ct �� Underpass Man Hoon unit Costs Total COWS Item Dascription Quantity UOM MW Unita Total Labor lim Equip Sub Labor Mlrl Equip Sub tare Unit MH MH S f $ S $ $ S $ Total Propd Ettecu0w- 1.00 LS 10 10.00$ 161 $ 1,610 S $ S S 1,610 Cher Edmator-JamV Shaw 1.00 LS 10 10.00$ 143 $ 1,430 $ S $ $ 1,430 Sr Procan M -John Frazier 1.00 LS 140 140.00 S 133 $ 18,620 $ $ $ $ 18,620 Cam4uc0on ManW-Dwid Wallace 1.00 LS 175 175.DD$ 104 $ 18,200 S $ $ $ 18,200 supwktwKlw 1.00 LS 0.00 s 118 $ $ $ $ S Lead EeMtor-Chuck Shiva-CIA1.00 LS 0.00 S 118 S S S S S Eransed ScheMJw-Thomas WhW 1.00 LS 175 175.00 S 84 S 16,450 $ S S $ 16.450 0.00 $ $ S S S 0.00 $ $ $ $ $ 0.00 I S S $ $ S Total HRS 510.00 SUBTOTAL $ 56,310 $ $ $ $ 56,310 FUEL,OIL,6 PARTS: 0.00% OF S $ - OF EOM $ $ OVERTIME FACTOR 0.00% OF $ $ 56,310.00 OF LBR $ $ LABOR BURDEN: 0.00% OF $ S 56,310.00 OF LBR $ $ CONSUMABLES 0.00% OF $ $ - OF MAT $ $ SAFETY $0.00 PER HOUR 510 OF LBR $ S SMALL TOOLS 0.00% OF $ $ 58.310.00 OF LBR $ S TAX 8.25% OF $ $ - OF MTUFUEL $ S SUBTOTAL S 56.310 $ $ $ S 56,310 General CoMMlons 17.0000% $ $ Sutmnhactor Bond 0.0000% $ $ Railroad Insunrca O.DODD% $ $ Builders Risk O.00DD% $ S Additional Bond Premium 0.6940% $ 363 $ 363 Coat of Risk 0.6670% $ 401 $ 481 SUBTOTAL s 54110 $ 634 $ 5 $ 57.164 CMAR FEE0.00 $ CUM conuf4r.y 0.00 $ TOTAL $ 57,164 ,M&C Review Pagel of 3 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Fo. H COUNCIL ACTION: Approved on 3/1/2016 DATE: 3/1/2016 REFERENCE NO.: C-27638 LOG NAME: 20HEMPHILL CMAR AMEND 1-2 CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of Amendment No. 1 in the Amount of$57,164.00 for Pre- Construction Professional Services and Amendment No. 2 in the Amount Not to Exceed $335,000.00 for Pre-Construction Professional Services Related to Project Cost Estimating Services to the Construction Manager at Risk Agreement with McCarthy Building Companies, Inc., for the Hemphill Street Extension from Lancaster Avenue to Vickery Boulevard (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No. 1 to the Construction Manager at Risk Agreement with McCarthy Building Companies, Inc. in the amount of$57,164.00 for Pre-Construction Professional Services for the Hemphill Street Extension from Lancaster Avenue to Vickery Boulevard (Project No. C00141) related to the development of the Union Pacific Railroad Agreement, constructability reviews and construction sequencing of subsequent bid packages; and 2. Authorize the execution of Amendment No. 2 to the Construction Manager at Risk Agreement with McCarthy Building Companies, Inc. in the amount not to exceed $335,000.00 for Pre-Construction Professional Services for the Hemphill Street Extension from Lancaster Avenue to Vickery Boulevard related to revised total project cost estimates for the project and assistance in the finalization of the Union Pacific Railroad Agreement. DISCUSSION: This Mayor and Council Communication (M&C) will provide for Amendment Nos. 1 and 2 to the Construction Manager at Risk Agreement (CMAR Agreement) with McCarthy Building Companies, Inc.., Amendment No. 1 will provide compensation for additional pre-construction services performed by McCarthy related to the procurement of the Union Pacific Railroad Agreement, design reviews and construction sequencing of bid packages prior to the suspension of work on November 10, 2015. Amendment No. 2 provides for re-estimating the total cost to construct the remaining portions of the project and specifically investigating and estimating costs associated with contaminated area soils and subsurface utility engineering within the Union Pacific Railway Facilities. The additional soil testing and utility engineering work exceeds the original scope of the CMAR Agreement and is necessary to resolve key risk factors that are currently contributing to the elevated project cost estimate. Upon completion of the re-estimated total project cost, the City will be working with the North Central Texas Council of Governments and Texas Department of Transportation to identify and secure additional financial resources to enable the project construction services to continue. It is anticipated that revised cost estimates will be available Summer 2016, but is dependent upon the Union Pacific Railroad (Railroad) providing the CMAR access to the Railroad's right-of-way to conduct testing, exploratory excavation and data collection. The North Central Texas Council of Governments staff has offered to assist City staff with coordinating this partnership work effort with the Railroad. On October 22, 2013, (M&C C-26514), the City Council authorized execution of a two-phase CMAR Agreement (City Secretary No. 45717) with McCarthy Building Companies, Inc. (McCarthy), and file:///C:/Users/WeissM/Documents/Hemphill-Lamar-Taylor/Construction/... 3/17/2016 M&C Review Page 2 of 3 authorized pre-construction services in the amount of$60,000.00 for the construction of the Hemphill Street Connector Project(Project). On October 28, 2014, (M&C C-27065) the City Council authorized the construction phase portion of the CMAR Agreement with McCarthy approving a construction management fee of 3.5 percent of the Guaranteed Maximum Price (GMP)for the total project and an early works package in the amount of $1,992,495.00 for the construction of off-site stormwater/drainage facilities of approximately 1,000 linear feet of 48-inch storm drain immediately north of the Railroad right-of-way and west of the actual street extension. Construction was completed in July 2015. The early works package had one change order. The GMP for the total project construction has not yet been established. M/WBE OFFICE: McCarthy Building Companies, Inc., agrees to maintain its initial SBE commitment of five percent that it made on the original Agreement and extend and maintain that same SBE commitment of five percent to all prior amendments up to and inclusive of this Amendment No. 2. Therefore McCarthy Building Companies, 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. The Hemphill Street Connector project is located in COUNCIL DISTRICT 9, Mapsco 76D and 76H. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. PENDING FUND TOTAL ENCUMBRANCES/ REMAINING APPROPRIATIONS EXPENDITURES BALANCE 2004 CIP IMPROVEMENTS $10,817,896.73 $9,869,072.20 $ 948,824.53 FUND 2004 CIP IMPROVEMENTS $13,887,286.88 $2,018,919.01 $11,868,367.87 SUPPLEMENTAL FUND 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 I ID Year Chartfield 2 1&2) 394031 0200431 15330201 C00141 CO2380 2016 $392,164.00 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (6157) Additional Information Contact: Martin Phillips (8447) Mike Wiess (8485) ATTACHMENTS file://!C:/Users/WeissM/Documents/Hemphill-Lamar-Taylor/Construction/... 3/17/2016 M&C Review Page 3 of 3 20HEMPHILL_CMAR AMENDMENTS MAP.pdf McCarthy Form 1295 2016.02.04 Additional Professional Services.pdf file:///C:/Users/WeissM/Documents/Hemphill-Lamar-Taylor/Construction/... 3/17/2016 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.i-4 and fi if 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. 2016-9426 McCarffry Building Companies,Inc Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/04/2016 being filed. City of Fort Worth,Texas Date Acknow led ed: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. Project#00141/DOE 6120 Additional Professional Services-Preconstruction 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. rn� Y � Marla L Escobedo * * My Commission Expires 01/16/2020 zx S:J ig ature of author ed agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Swo and subscribed before me,by the said this the day of P/✓�L(QL�.�' 20 ,to certify which,witness my hand and seal of office. s i nature of officer administering oath Printed name of officer administering oath Title of officer dministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944