HomeMy WebLinkAboutContract 45717-A2 ECEI Y ED CITY SECRETARY ff�
MAR 2 5 2016
AMENDMENT No.2 COWRACT No. �►'1�
Ar""Mrrnvi 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 which was amended
concurrently herewith by Amendment No. 1 (M&C C-27638) in the amount of
$57, 164 . 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. 2 to the
CONTRACT to provide for an increased scope of work and revised fee;
NOW THEREFORE, CITY and ENGINEER, 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 25, 2016, a copy of which is attached hereto and
incorporated herein. The cost to City for the additional preconstruction
professional services to be performed by Engineer is an amount up to
$335, 000. 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 up to
$452, 164.00 .
3.
All other provisions of the CONTRACT, which are not expressly
amended herein, shall remain in full force and effect.
City of Fort Worth OFFICIAL RECORD
Professional Services Agreement Amendment
Page 1 of 3 CITY SECRETARY
FT. WORTH,TX
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.
-K�gw 1�r
Jesus J. Chapa Jerry Mayer, P.E.
Assistant City Manager Vice President of Operations,
Texas Division
DATE: C) DATE:
APPRO L RECOMMENDED:
1
Douglas . Wiersig, P. .
Director, Transportation and Public Works Department
APPROVED AS TO FORM AND LEGALITY: M&C: e- ` Z6
Date:4
Douglas W.0 Black 2�S Zo/6 ` 1'Yt
Assistant City Attorney
ATTEST: S0
�o
a r e r �°°°pp,p0
eCit ctary � ��
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. 2
Department Fund-Account-Center Amount
20 C200-539120-209230014180 $335, 000 .00
Total: $335,000 .00
City of Fort Worth
Professional Services Agreement Amendment
Page 3 of 3
1A.,
650 WEST VICKERY BLVD FORT WORTH,TEXAS.76104 '(817)369-5875 www.mccarthycom
February 25,2016
City of Fort Worth
Transportation and Public Works
1000 Throckmorton Street
Fort Worth,Texas 76102
Attn: Mr. Michael Weiss-PE
Re: Additional Professional Services
.Amendment#2
Hemphill Street Underpass
Project#00141, DOE 6120
Dear Mr.Weiss,
Please find attached a budget of potential costs in the amount of$335,000 for McCarthy to perform
additional preconstruction services associated with the Hemphill Street Underpass Project. The
attached budget is intended to include.the services as outlined within the"Informal Report to City
Council Members"to perform the following functions;
1. Assist the City of Fort Worth with efforts to execute an"Underpass Agreement" between the
City of Fort Worth and The Union Pacific Railroad for permanent Right of Way access and allow
construction of the Hemphill Street Underpass
2. Facilitate geotechnical investigations at the site to determine the extent if any of the presence
of contaminated soils within the Hemphill Street Underpass centerline and the Union Pacific
Railroad right of way
3: Assist the City and Union Pacific Railroad to identify and physically locate unknown utilities
within the Union Pacific right of way that might interfere with the construction of the Hemphill
Street Underpass
4. Upon completion of the above, provide the City of Fort Worth with an updated construction
budget for completion of the Union Pacific Railroad
As this scope of work is above and beyond any scope of work that might have been anticipated within
.our original contract and the time of execution of our original contract,it has become necessary for
McCarthy to revise our personnel rate schedule to add additional rate classifications to encompass the
costs for individuals who will be performing the work as well as the additional work classifications
necessary to perform the above scope of work. Please reference the revised rate schedule as included
in Attachment A to this letter.
Please be aware that the attached estimate is a budget only to perform services associated with the
above items,and is not intended as a "not to exceed"'agreement to perform a detailed scope of work.
All services rendered to the City of Fort Worth will be billed for hours and additional costs plus 10%
profit incurred per our contract and any amendments made to such.
�1
Please do not hesitate to call me with any questions or concerns.
Sincerely,
Joh Frazier
Senior.Project Manager
McCarthy Building Companies, Inc.
CC: Martin Phillips—Engineering Manager,City of Fort Worth
Kurt Knebel—Vice President Civil Operations, McCarthy
Jeromy Shaw—Chief Estimator Civil Operations, McCarthy
Enc: Attachment A.—Estimate for Additional Preconstruction Services
AITACHMENTA
MCCARTHY
Job: Hemphill Street25Underpass 2/23801
Date: 6 Description: ESTIMATE of potential costa for Additional Pre-Construction Services at the
Hemphill Street Underpass-Phaw 2 for completion of the project.
Man Hours Unit Costs Total Costs
t�l!
Description Quantity UOM MW Units/ Total Labor Mtrl Equip SubLabor Mtsl Equip Sub Line
Unit MH MH S S $ $ S $ S $ Total
John Frarier 8.00 Wks 20 160.00 $ 170 S 27,247 S $ $ $ 27,247
TBD8.00 Wks 15 120.00 $ 67 $ 8,008 S $ $ $ B4OOB
20.00 MH 0.00 $ 260 $ $ $ $ 5200, $ 5,200
0.00 $ S $ $ $
WAS
Proect Director John Frazier 2.00 Wks 20 40.00 $ 170 $ 6,812 $ $ S $ 6,812
Pro' 'neer TBD 2.00 Wks 25 50.00 $ 67 $ 3,337 S $ S $ 3,337
PmjKt Superintendent Monte Cook 1.00 Wks 20 20.00 $ 150 $ 3,000 $ $ $ $ 3,000
Feld En'neer Luis Cnm 3.00 Da 6 18.00 $ 112 $ 2,016 $ $ $ 1$ 2,016
Enercon Services Envir.Assessment-Bu 1.00 LS 0.00 $ 25,000 $ $ $ $ 20,000 $ 20,000
Ener n Services Boring Sam 1.00 LS 0.00 $ 20,000 $ $ $ $ 20,000 $ 20,000
HDR Engin-ring Consultant 0.00 $ $ $ $ $
Imcc.rd,v McCarthySurvey Crew 20,00 CH 0.00 $ 64.44 $ $ 1,289 $ $ $ 1,289
McCarth MCC Railroad Sampling SupponCrew 50.00 CH 0.00 $ 234.29 1$ $ 11,714 $ $ $ 11,714
41r.je.c=En'Si�r
Misc Materials/Backfill 1.00 LS O.DO $ 1,000.00 $ $ 1,000 $ $ $ 1,000
Equipment Mobilintion 2.00 Ea 0.00 $ 850.00 $ $ 1,700 $ $ $ 1,700
0.00 $ $ $ $ S
0.00 S
or John Frazier 2.00 Wks 15 30.001$ 170 $ 5,109 $ $ $ $ 5,109
TBD 2.00 Wks 15 30.00 $ 67 $ 2,002 $ $ $ $ 2,002
Pro' Assistant Superi Ryan Wilhelm{Ruben Hemander 4.00 Wks 40 160.00 $ 92 44$ 14,675 $ $ $ $ 14,675
Feld Engineer Luis Cruz 3.00 Day B 24.00 $ 112 $ 2,688 $ - $ $ $ 2,688
McCarthyMcCarthySurve Crew 10.00 CH 0.00 $ 64 $ $ 644 $ $ $ 644
vac-Truck SeNm Lone Star west-44 truck days 220.00 Hr 0.00 $ 300 $ $ $ $ 66,000 $ 66,000
McCarth MCC Railroad Sampling Support Crew 220.00 CH 0.00 S 218 $ $ 48,002 $ $ $ 48,002
Purchase Badd'ill Sand-100%waste due to rework 150.00 CY 0.00 S 12 $ $ 1 800 $ $ $ 1,800
Misc Material-Ballast Retainers,
McCarthyfors 1.00 LS 0.00 $ 5,020 $ S 6,020 $ $ 5,020
M Dum stere/Water/Toilets/Conex 10.00 % 0.00 $ 525 $ $ 5,250 $ $ $ 5,250
0.00 $ $ $
H.
$
ATTACHMENTA
McCARTHY
Job: Hemphill Street Underpass
Date: 2125/2016 Description; ESTIMATE of potential costs for Additional completion
of the
pr Services at the
Hemphill Street Underpass-Phase 2 for completion of the project.
Update Project Estimate
Chief Estimator Jemmy She 4.00 Da 5 20.00 $ 170 $ 3,400 $ $ $ $ 3,400
Project Director John Frazier 3.00 Wks 24 72.00 170 $ 12,261 $ $ $ $ 12,261
Lead Estimator Chuck Shiva 260 Wks 40 100.00 127 $ 12,661 $ $ $ $ 12,661
Lead Estimator Tim Bruce 1.S0 Wks 40 60.00 $ 127 7,597 $ $ $ $ 7,597
Civil Estimator TDB 1.00 Wks 40 40.00 $ 122 $ 4,865 $ $ $ $ 4,865
Project Superintendent Monte Cook 2.00 Day 8 16.00 $ 150 $ 2,400 $ $ $ $ 2,400
0.00 $ $ $ $ $
0.00 $ $ $ $ $
Total HRS 960.001 SUBTOTAL $ 118,077 $ 76,420 $ $ 111,200 $ 305,697
FUEL,OIL,&PARTS: 0.00% OF $ $ - OF EOM $ $
OVERTIME FACTOR: 0.00% OF $ $ 118,077.26 OF LBR $ $
LABOR BURDEN: 0.00% OF $ $ 118,077.26 OF LBR $ $
CONSUMABLES 0.00% OF $ $ 76,419.53 OF MAT $ $
SAFETY $0.00 PER HOUR OF LBR $ $
SMALL TOOLS 0.00% OF $ $ 118,077.26 OF LBR $ $
TAX: 8.25% OF $ $ 12,000.00 OF MTUFUEL $ 990 $ 990
SUBTOTAL $ 113,077 $ 77,410 $ $ 111,200 $ 306,687
Subcontractor Bond 0.0000% $
Railroad Insurance 1.1000% $ 1,299 $ 852 $ 1,223 $ 3,374
Pollution Insurance 0.9000% 1,063 $ 697. $ $ 1 001 $ Z760
Builders Risk 0.2150% $ 254 $ 166 $ $ 239 $ 659
Additional Bond Premium 0.0000%
Profit(Exclusive of Rates) 10.0000% S 7.741 $ - $ 11,120 $ 18.861
Cost of Risk 0.8670% $ 1,024 $ 671 $ $ 964 $ 2,659
SUBTOTAL $ 121,716 $ 87,536 $ $ 125,747 $ 335,000
TOTAL $ 335,000
REVISED 2016 RATE SCHEDULE
Admin Assistant $ 58 $/HR Exclusions;
Civil Estimator $ 122 $/HR UPRR Costs for permits,flagging,premiums,night work,etc..
Construction Manager $ 112 $/HR UPRR Plan review costs
Chief Estimator $ 170 $/HR UPRR Underpass Agreement costs
Field Engineer $ 112 $/HR Railroad Ballast for backfill of any excavations in THE UPRR ROW
Lead Estimator $ 127 $/HR Vac Truck excavation is an estimated budget only
Project Assistant Superintendent $ 92 $/HR Removal of Spoils generated from Vac Truck Work-All spoils are to be left on site
Project Director $ 170 $/HR Bonds-McCarthy or Subcontractors
Project Engineer $ 67 $/HR
Project Superintendent $ 150 $/HR
QC Director $ 148 $/HR
Scheduler $ 112 $/HR
M&C Review Pagel of 3
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA AOR "
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
A%I 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 Active } Bud et i Reference# I Amount j
ID i j ID i Year (Chartfield 2) F
FROM
Fund Department Account Project ` Program Activity Budget Reference # Amount i
10 - 1 ._-D._...-I__ 1_._ ._._ _ Year L .(Chartfield 2)
) i 39403, 0200431 { 5330201 1 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/Remphill-Lamar-Taylor/Construction/... 3/17/2016
BVI&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 C-07 3S' C--
FORM 1295
lafl
Complete Nos.l-4 and 6 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
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-9426
McCarthy 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 Acknowledged:
-7
.;> �—A(e,
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.
Y_
y4 , Maria t-Escobedo
My Commission Expires
01/16/2020
Sig ature of author ed agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Swo and subscribed before me,by the said this the 2 ' - ' day of�/✓�llv
20 ,to certify which,witness my hand and seal of office.
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