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Contract 49319-FP1
uepar� u. y Date Project Manage "1� tTWORTH@ Risk Management S. Gatewood D.O.E. Brotherton CITY SECRETARY Water V. Gutzier CONTRACT NO. CFA Janie Morales/Scanned ❑ 1-.TION AND PUBLIC WORKS The Proceeding people hakbeen Contacted concerning the request PROJECT COMPLETION for final payment&have released this project for such payment. City Project Ns: 2425 i Clearance Conducted By Etta B-a —— egar 'ng contract 49319 for CAPITAL IMPROVEMENTS AT NORTHWEST COMMUNITY PARK PHASE II as required by the PARK DEPARTMENT as approved by City Council on 06/06/2017 through M&C C-28267 the director of the PARK DEPARTMENT upon the recommendation of the Assistant Director of the Transportation&Public Works Department has accepted the project as complete. Original Contract Prices: $3,556,883.93 i r Amount of Approved Change Orders: $23,479.76 NO 1 Revised Contract Amount: $3,580,363.69 Total Cost Work Completed: $3,580,363.69 Less Deductions: Liquidated Damages: Days @$210.00/Day �A Deficiencies: $15,837.50� Total Deduction Amount: $15,837.50 Total Cost Work Completed: $3,564,526.19 Less Previous Payments: $3,508,756.41 Final Payment Due $55,769.78 4pr 19 Recommended for c nce Date Asst. Director, TP rastructure Design and Construction 1 Accepted Date #r39*. Dire or, PARK DEPARTMENT Asst. City Manager Date Comments: OFFICIAL RECORD LFT. SECRETARY ao��o� Pe� 6ORTH,TX 01 c FORT WORT H., February 6, 2019 Ken Thorne Cole Construction, Inc. 10315 Alta Vista Rd. Keller, TX 76248 Mr. Thome, Pursuant to the City of Fort Worth (CITY) Standard General Conditions for Construction Projects (Article 13, paragraph 13.08 Acceptance of Defective Work) included in the City Secretary Contract#49319, for city project CO2425 - Northwest Community Park Phase II; the CITY Park & Recreation Department (PARD) is hereby enforcing the right to keep retainage from delivery to the contractor, for the purpose of correcting defective work at Northwest Community Park, 8575 Blue Mound Road, Fort Worth, TX, 76137. Specification Section 32 92 13 - Hydromulching, Seeding, and Sodding, specifically states within paragraph 3.13.13.2. - Maintenance of Seeding, that the contractor shall: "2. Maintain the seeded area until each of the following is achieved: a. Vegetation is evenly distributed b. Vegetation is free from bare areas" Based on inspection and review of current site conditions it has been determined that Cole Construction, Inc. did not effectively establish 100% grass seeding on disturbed areas as required by the contract, and directed by city staff. The PARD has deemed the following installed and paid for bid items defective: U4-2—Install Temporary Irrigation for Grass Establishment U4-3— Install Site Hydromulch Grass The CITY PARD shall deduct $15,837.60 from the final retainage payment for the purpose of establishing grass seed within the defective areas. This amount is equal to half the total monetary amount of Units 4-2 &4-3 ($115,540.00), divided by the total area of the same units (766,000 SF), multiplied by the total area the CITY as deemed defective (210,000 SF). The defective area has been determined from observation and site measurement. Please review the previously shared exhibits and photos for reference. If you have any questions and or comments please contact Bryan Lyness, project manager at 817-392-5728 or bryan.lyness@fortworthtexas.gov. Reg � f Brya RL City o 0 Park & Recreation Department CC: Joel McElhany, PARD PARK & RECREATION DEPARTMENT City of Fort Worth,4200 South Freeway,Suite 2200,Fort Worth Texas,76 1 1 5-1499 (817)-392-5700(PARK)Fax(817)-392-5724 la a v m in N S` N N. N 1-0 Ox0 r M M M n r 8 O G x O oC y v. .rj m ao ae O P If � o N � w w IMrr vMi w hM9 Mw w w n � w (A A w w w w w w w w w w 41 � O 10 O W z + I' t Ocr. wca r H j h N I u ClSC � " a3 G�^ K Etp i � I cuIN cu 12 •� � E = � � rc � Lh rI CL L O� ° v' "a o 1� a=i l 1LI b ✓ R .. 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Q � � � v Q� m 00 4 O C N N L O . C O O U C � p d ri r•i © a m ea �' o L C M a E o E d N � E y O Oml n N O Ln In Q o O co m O o 0 o a .. 6 �C o omo r- tM0 o 0 0 O = �) C O m l0 O W W UU 0 L} AA. Ah. O U Z w m m M N N N N N E I�t v v E N N N N N Z v U U U Z U U C V N M C Cs r C O O .� 'C O .-t M r COO O O m U s 'O 00 O O 0 0 0 C M O O C 0 •� V n r, O ZM^ C'iO ICD L y_ m O O LL U if1 Or 0 F+ Ln cd O O 'a r d,' t o V n F et H U z •U O 000 000 C 4 000 C 4 C 000 000 Oa O p0 p' O p' O ZO Z o dN'O � O dN' 0 O 0 w 0 w .1 O O er O U- m� cc U LL mu m U m U m Um U CFW Change Order Approval COAppr-O 1 Page 2 of 3 -� .�.... cFORT WORTH. Cityof Fort Worth COrTRATNo- Change Order Request Approval (Change Order Breakdown Available in Links) For Change Order Submittal No.: 1 Change Order No.: COAppr-01 Date Started: 2018-10-12 City Sec. No.: 49319 Date Due: 2018-10-27 Project Name: Northwest Community Park Phase II Project Numbers: CO2425 DOE Numbers: Project installation of athletic ballfields at a community Dark, to Description: include 4 baseball fields, 2 T-Ball fields, liahtinq, irrivation, a park drive, parking, and nature trail Project/Contract Comp ranee Bryan Lyness City Inspector: Adilda Cazoria Manager: Contractor: Cole Construction, Inc. COUNCIL ACTION (If Required): M&C Log Name: N/A M&C Number: N/A M&C Date: N/A COST AND DAYS SUMMARY: Requested Department: Cost($) Fund Account Center: Days: PARD $ 23,479.76 34014 - 0800450 - 5740010 - - CO2 104 Total Cost: -s 2-3,479.76 Total Requested Days: 104 Approval Status: CITY TVr :, FT, OATH; w CFW Change Order Approval COAppr-01 Page 3 of 3 Approved: Yes Comments: User: Tadd Vinson Date: 2018-10-15 4:26 PM Approved: Yes Comments: User: Bryan Lyness Date: 2018-10-16 5:56 PM Approved: Yes Comments: User: Joe' McE'hany Date: 2018 10 21 9:28 PM Approved: Yes Comments: User: David Creek Gate: 2018 10 30 1:38 PNi Approved: Yes Comments: User: Richard 0 Date: 2018-111Z06a11:40 Pt^, Approved: Ye_ 7n fr r Comments: Y J iJsr=r: Doug B ark �J , City Secretary Date: 2014 i i n8 9:n7 PM � Approved: Yes Comments: User: Fernando Costa Date: 2018 11, 0 9:25 Pht Action Required: Pease review, approve, and submit EbIT FT WORTH, TX 3 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. Nam of Empl yee/signature -d- Title C This form is N/A as No City Funds are associated with this Contract Printed Name Signature FOR_ _ TWpBTH, City of Fort Worth Change Order Request Breakdown Project Name Nortfnreat Parts-Phase II City Sec# 1 49319 Client Project#(s)l CO2425 Con Cole Cmtruciion,INC PM Bryan Lyness,RLA Inspector Adilda Carorle� Change Order Submittal# Date 6/812018 Contract Time Dept. PAR Totals CD Original Contract Amount $3,556,883.93 3,556,883.93 270 Extras to Date Credits to Date Pending Charge Orders(n M&C Process) Contract Cost to Date $3,556.883.93 $3,556,883.93 270 Amount of Proposed Change Order $2 479,76 $23,479.76 104 Revised Contract Amount $3,580,363.69 3,580,363.69 374 Original Funds Available for Change Orders $34,810.18 $34,810.18 Remaining Funds Available for this CO $34,810.18 $34,810.18 Additional Funding Of necessary) $0.00 $0.00 CHANGE ORDERS to DATE(INCLUDING THIS ONE)AS%OF ORIGINAL CONTRACT 0.66% MAX ALLOWABLE CONTRACT AMOUNT(ORIGINAL CONTRACT COST+25%) $4,446,104.91 __ __ — - �trsri�lc�aniati i �olrls�e�t�wcs=��a� _ ^.:a+ -:•��to lk.. ;: were:w,,irwte v-- areas necessary i x access,conf_•ete r ^.: were.,7,7 •;: — parking area for drainage control,the Length of 2"water line was changed due to a change in meter location,the ballfield fencing layout was changed to better control access to the ballfields,topsoil was added to reach planned grade of the ballfields,pedestrian paving was added to increase pedestrian access to and around ballfields,the original 6'nature trail was washed out and had to be reinstalled,as a request from Athletics the infields on three fields were redesigned this required additional topsoil,irrigation,sod, and labor,the TDLR review required that kickplates and gate latches be included on the dugout gates,during the project parking lot poles were changed to meet completed standards(PARD standards for light poles were not completed at the time of bid),there is addition for the installation of Forestry Grant trees and irrigation for them,a concrete low water crossing was installed along the nature trail to avoid washout in the future,a diversion berm plus the seeding and irrigation of it was included to help prevent drainage problems,coir logs where installed in a swale near the nature trail to alleviate erosion,there is an addition for the installation of an asphalt transition ramp at the park entry deducted from the project were:the installation of a temporary ashpalt drive from the park entry to the concrete parking areas,the installation of a barrier free ramp that was incorrectly added to the bid items,extra trench and saftey shoring was removed due to a shorter length of need,fencing requirements were redesigned and required less 10'and 8'fencing heights on the ballfields,due to the redesign of the baseball field infields less clay was needed,there was less topsoil needed on the softball field,PARD paid for water required to irrigate this should have been paid for by the contractor 4 !�C&Vsn 0V S�%'r2,R'r] City of Fort Worth Change Order Additions Project Name I Northwest Community Park-Phase If City Sec# 49319 ClienlProject# CO2425 Contradorl Cole Construction,INC PM1 Inspector AdildaCazorle Change Order Submittal# L-.J Date 6/82018 ADDI I IONS HEM cUnit Unit Costo a Ut-12 Installation of Reinforced Concrete Parkin Areas,com ete in lace PAR 124.65000000 SY $48.00 U1-13 Installation of Reinforced Concrete Curbs at Parkin Islands PAR 93.96500000 LF $8.0 U2-8 Install Y Sch 40 PVC Water R PAR 203.00000000 LF $8.00 U3-3 Install 8'fencing PAR 136.02000000 LF $48.00 U3-4 Install 6'Fencing PAR 1.84000000 LF $42.00 U3-12 Install Outfield Topsoil PAR 123,09000000 CY $32.60 U3-17 Install8'Fencing PAR 136.02000000 LF $48.00 6 U3-18 Install 6'FencingPAR 1.84000000 LF $42,00 U3-26 Install Outfield Topsoil PAR 123.09000000 CY $32.60 U3-39 Install Outfield Topsoil PAR 183.28000000 CY $32,60 A1-9 Install additonal5'pedestrian paving(UPO,OTBD) PAR 3,579.30000000 SF $5.7 Al-18 11ristall6'wide Soft Surface Nature Trail PAR 2,272.00000000 SF $4.00 Al-21 Install Solid Sod in lieu of sprigs PAR 24,243,65000000 LS $0.30 Install additional irrigation infields PAR 1.00D00000 LS $13,215.00 Additional Labor PAR 1,00000000 LS $4,405.00 Additional Topsoil PAR 97.25725000 CY $32.60 Install Kick Plates and Gate Latches on Dugout Gates PAR 1,00000000 LS $2,976.00 Additional Cost for Taller Light Poles(pole andpier) PAR 1.00000000 LS $7,490.00 Add for Installation of Trees and Tree Imgation PAR 1,00000000 LS $12,900.0 Nature Trail Low Water Crossing 5'Concrete,6'Wide,90'Lergth with Turne PAR 540.00000000 SF $8.6 Grading Cut&Fill for Diversion Berm&Swale includes seeding and irrigation) PAR 825.00000000 CY $18.00 COIR Logs staked out in swale PAR Rem Temp Gravel&Install Asphalt 3'Thick 2'Wde X 75'Length PAR TOUGUM AR 134,808.49 Sub Totalitions Change Order Additions Page 2 of 4 FORT WORTH City of Fort Worth � T- — Change Order Deletions Project Name I Northwest Community Park-Phase II City Sec# 4931 Client Project# CO2d25 Contend Cole Construdun,INC PM linsioedoT Adilda Coda Change Order Submittal# F--T—� Date 6/1112 1B ULLLI Il Unit unit Cost total UMU Installation of temporary Asiptiall Unveway Approach(includes su ase a Installation of Barrier F ree Ramps per plans)complete it place Trench and Shoring 1.13-2 Install encing 1-13-11 Install ay Infield Install encing Install ay Infield Install encmg 1.13-31 nsta enang Install ay Infield Install encing Install enang Install y infield install u opsoi Amount r Water Bill A 11 , 2.73 bub i orat Deletions Change Order Deletions Page 3 of 4 MISBE Breakdown for this Change Order M/SBE Sub Type of Service Amount for this CO Total $0.00 Previous Change Orders CO# DATE AMOUNT Total $0.00 AFFIDAVIT (� STATE OF Texas U 3 COUNTY OF Tarrant r \ Before me,the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Kenneth Thorne, President Of Cole Construction Inc,known to me to be a credible person, who being by me duly sworn,upon his oath deposed and said; That all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full; That the wage scale established by the City Council in the City of Fort Worth has been paid in full; That there are no claims pending for personal injury and/or property damages; On Contract described as; Northwest Community Park phase 2 E3Y Kenneth me, Pre i Coe Construction Inc. Subscribed and sworn before me on this date 25th of February, 2019. Heather A DrdMO �j ►,py Commnswn Expires otary Pub is 111M2022 Heather Birdwell, Tarrant ' * ID No 12W?473 County, Texas CONSENT OF SURETY OWNER C' TO FINAL PAYMENT AI:CI-IITrCT D CONTRACTOR ❑ ALA Document G707 SURETY )10 Bond No. SSB0435179 OTHER ❑ TO OWNED, ARCxIT>rCTS PROJECT NO.: fNarne surd addmw) City of Fort Worth 1000 Throckmorton CONTRACT FOR: Park Improvements Fort Worth TX 76102 PROJECT: CON TRACT DATED: aiame and addrncv City Project#CO2425/ Northwest Community Park Phase II In accordance with the provisions of the Contract bete.een die Owner and the Contractor as indicated above,the (Insert rwrne and addles�Surrry J RLI Insurance Company 15305 N. Dallas Parkway, Suite 1100 Addison TX 75001 SURETY, on bond of (lnsen name er"d addrr.c ofContraciur) Cole Construction, Inc. 10315 Alta Vista Read Keller rX 7624u CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (I».surf name and addm- of Owner) City of Fort Worth 1000 Throckmorton Fort Worth TX 76102 OWNER, as set forth in said Surety's bond. IN WiTNFSS WHEREOF,the Surety has hereunto set its hand on this date: February 12, 2019 flnswil in uvilht rbe rrronlb followed Fir rbr n monk darn and,manl RLI Insurance Company {SroxHrl By: (SigrarurrgfarNborizttt lrpna+rntatu+rJ Attest' (Sea)): Jack M Crowley Attorney-in-Fact (J'rinled rtanrr u�rd ride) Surety Phone No. 972 385-9800 G707—T 994 POWER Of ATTORNEY RLI Insn;r-ance Company C'oatraciors Eonddng and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 500-645-2402 Know All Men by These Fr•csene's: That this Power of Attorney is not valid or in effect unless attached to the bond which ii authorizes executed, but may be detached by the approving of icer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Jack M.Crowley. Steven Foster.Jennifer J.Salinas.Tonie Petranck. Deborah English.Luke J.Nolan Jr.,Daphne Massey.Julie M. Decker,iointly or severallv in the City of Addison State of Texas its true and lawful Agent(s) and Attorney(s) in Fact,with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000.000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds, policies, undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 5th day of October 2017 `rrriu i11„r irirrirrerrrr RLI Insurance Company so�oa+,'"D,ys`,, Contractors Bonding and Insurance Company 'o 40RPOR�rf'. GOPPOR.i pt'.�: a _o— i AL _; Barton W.Davis Vice President J F State of Illinois �;1N0`S '4 t I N o\5.,y` l „rrrrr rr„ Jt SS County of Peoria CERTIFICATE On this 5th day of October 2017 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis , %vlio being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attomey is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and ackno\cledged said instrunren'i to be the voluntar}, set forth in the Power of,Attorney, is now in force. In testimony act and deed of said corporation. Nvhereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance p ,,�, Company this `day of By: �� rIZQ/t� r� V�4� /�.+ RLI InsuranceCotttpany Gretchen L.Johnigk Notary Public Contractors Bonding and lustre once Company L�t-k�.sa :]s:i.3�u.c7 r.tce�si:�.Ft:API GP.ETCHEN L JOHNIGI< F (� "OFFICIP.L SE?.L" B =uuuc `v ia>�c—"i"io�,e::pircs F Jean 1\'1�tephenson Corporate Secretauy N ey 26,2020 > -,JoranCO'1, .Au(15SS17 FORTWORTH rev 03/05/07 TRANSPORTATION & PUBLIC WORKS FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO.:10 NAME OF PROJECT: NW Community Park Phase 2 PROJECT NO.: 2425 CONTRACTOR: Cole Construction DOE NO.: PERIOD FROM:08/10/17 TO: 08/15/18 FINAL INSPECTION DATE: 15-Aug-18 WORK ORDER EFFECTIVE:8/10/2017 CONTRACT TIME: 370 p W[Qi CD DAY OF DAYS CHARGED REASON FOR DAYS DAY OF DAYS CHARGED REASON FOR DAYS MONTH DURING CREDITED MONTH DURING CREDITED 1. 16. 2. 17. 3. 18. 4. 19. 5. 20. 6. 21. 7. 22. 8. 23. 9. 24. 10. 25. 11. 26. 12. 27. 13. 28. 14. 29. 15. 30. 31. SAT,SUN, RAIN,TOO WET, UTILITIES OTHERS* DAYS TOTAL &HOLIDAYS &TOO COLD RELOCATIONS CHARGED DAYS THIS PERIOD PREVIOUS PERIOD TOTALS TO DATE 370 *REMARKS: 1 /7 CONTRACTOR DA E 1NSPECTO DATE ENGINEERING DEPARTMENT (D The City of Fort Worth- 1000 Throckmorton Street-Fort Worth,TX 76012-6311 (817)392-7941 -Fax: (817)392-7845 FoRT WORTH. TRANSPORTATION AND PUBLIC WORKS February 20,2019 Cole Construction, Inc. 10315 Alta Vista Road Keller,TX 76248 RE:Acceptance Letter/End of Contract Project Name: Northwest Community Park Phase II Project Type:Athletic Ballfields, irrigation,concrete pavement, park improvements City Project No.: CO2425 To Whom it May Concern: On August 15,2018 a final inspection was held in regards to the subject project.There were punch-list items identified at that time.The majority,but not all,of those punch-list Items were completed by September 28, 2018. As noted in previous correspondence with your company,the City may accept defective work and close out the contract.Therefore,the City of Fort Worth accepts all work and defective work at the subject project location. The final inspection and those punch-list Items that were completed Indicate what items will be warranted and when the city will begin a warranty period.A warranty period will start on September 28,2018,which is considered the date of punch-list completion,the warranty will extend two(2)years from that date In accordance with the contract documents.The city will not enforce a warranty period upon accepted defective work, as detailed in previous correspondence. If you have any questions concerning this letter of acceptance, please feel free to contact me at 817-392- 5728. Sincerely /� 1 an Lyness, LA Proje a Park and Recreation Department cc: Adilda Carzola, Inspector Ron Cordova, Inspection Supervisor Edward Davila,Senior Inspector Joel McElhany, Program Manager—Park and Recreation Department The Landscape Alliance—Consultant CP&Y—Consultant Email: Steve Cooke,P.E.,PhD., Director,TPW Wendy Chi-Babulal, P.E.,Assist. Director,Water Richard Martinez,Assistant Director,TPW Tony Sholola, P.E.,Water Marisa Conlin,Traffic Engineering Richard Zavala,Director, PARD Allen Hall, Superintendent,TPW David Creek,Assistant Director,PARD Chris Harder,P.E.,Director,Water PARK&RECREATION DEPARTMENT City of Fort Worth,4200 South Freeway,Suite 2200,Fort Worth Texas,76115-1499 (817)-392-5700(PARK)Fax(817)-392-5724 : r NORTHWEST COMMUNITY - �� wf � �- — s676 9UlE MOIIIID ROAD ` � . _ � Fuao aPol�oaan ar . _ 4 � . Tf�(A8 PARKA t iMILCLR'E CEPARTIENT � — CITr OF FORT wORTN �,. • _ PARK RE$RfATiR�I OEPARTYENT G M. f• y Entry to Before • I After + i b,II�FI TN11ft DAl i� ia1 1�. Y� t . =t i u ,' -J "f 4 1 kow z: 4t I� Fi looking north to Before residences After looking . • federal mint Before r� _ JAL 77. looking at ne corn r of lBefore Loug ridge Lake After . s lipf X City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/6/2017 -Ordinance No. 22756-06-2017 DATE: Tuesday, June 6, 2017 REFERENCE NO.: C-28267 LOG NAME: 80NORTHWEST COMMUNITY PARK PHASE II - CONSTRUCTION CONTRACT SUBJECT: Authorize Execution of a Construction Contract with Cole Construction, Inc., in the Amount of $3,556,883.93 for Construction and Installation of Improvements at Northwest Community Park, Provide for Staff and Construction Contingency Costs in the Amount of$236,701.18 for a Total Construction Phase Cost of$3,793,585.11 and Adopt Appropriation Ordinance (2014 BOND PROGRAM) (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$541,600.00 in the 2014 Bond Program Fund; and 2. Authorize the execution of a construction contract with Cole Construction, Inc., in the amount of $3,556,883.93 for construction and installation of capital improvements at Northwest Community Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to appropriate and transfer$541,600.00 from the 2014 Bond Program, Proposition Two: Parks, Recreation, and Community Center Improvements, Athletic Field Development, Additional Athletic Fields in Fort Worth to the Northwest Community Park Phase II Capital Improvement Project and approve award and execution of a construction contract with Cole Construction, Inc., in the amount of$3,556,883.93 for the construction and installation of a competition-level ball field athletic complex at Northwest Community Park. On May 5, 2015, (M&C C-27285)the City Council authorized an Engineering Agreement with Gary P. Kutilek d/b/a The Landscape Alliance (City Secretary No. 46708), in the amount of$322,953.00, to develop and prepare design and construction documents for the competition-level ball field athletic complex at Northwest Community Park. On April 26, 2016, the City Manager's Office administratively executed Amendment No. 1 to City Secretary Contract No. 46708 in the amount of$14,950.00, thereby revising the total contract amount to $337,903.00. The amendment increased the project design scope to include; platting of the park, wastewater(sewer) design for a future restroom building, and subsurface investigations related to an existing petroleum pipeline running through the park. On February 9, 2017, the City Manager's Office administratively executed Amendment No. 2 to City Secretary Contract No. 46708 in the amount of$8,736.00, thereby revising the total contract amount to $346,639.00. The amendment increased the project design scope to include additional design of athletic field lighting solutions. Logname: 80NORTHWEST COMMUNITY PARK PHASE II -CONSTRUCTION CONTRACT Page I of 4 On April 28, 2017, Amendment No. 3 to City Secretary Contract No. 46708 in the amount of$4,775.89 was administratively executed, thereby revising the total contract amount to $351,414.89. The purpose of this amendment was to reimburse platting fees to the consultant, that were not originally included in the project scope. The project was advertised for bid on December 22, 2016, and December 29, 2016, in the Fort Worth Star-Telegram and on the City's website. On January 26, 2017 the following bids were received: Bidders _ — Base Bid Totals Alternate Bid Totals Total Bid Cole Construction, Inc. $3,234,457.73 $322,426.20 $3,556,883.93 The Fain Group, Inc. $3,292,241.46 $363,420.79 $3,655,662.25 Northrock Construction, LLC $3,704,165.81 i $344,432.74 $4,048,598.55 C. Green Scaping, LP $3,649,166.80 $467,085.00 $4,116,251.80 The Base Bid items include: four competition-level ball fields (two youth baseball, one adult baseball, one adult softball)with associated lighting, fencing, irrigation, a park access drive, concrete parking areas, and installation of onsite electrical and water utilities. Bid alternate items include scoreboards, security lighting, T-Ball backstops, bleachers, concrete trail, site furnishings, and solid sod in lieu of grass sprigging of the ball fields. It is recommended that the bid in the amount of$3,556,883.93 as submitted by Cole Construction, Inc., be approved for award of contract. With the addition of funding in the amount of$236,701.18, for associated construction administration, water and sanitary sewer service installation, asphalt paving, inspection, material testing, and change order contingency, the total estimated construction-phase amount is $3,793,585.11. The total project amount, including design phase costs, is $4,250,000.00. The 2014 Bond Program, Proposition 2, allocates $2,508,400.00 to develop a competition-level ball field athletic complex at Northwest Community Park, to include supporting infrastructure. On August 26, 2014, (Resolution No. 4350-08-2014) the City Council authorized the City Manager to apply for a Texas Parks and Wildlife Department (TPWD) Urban Outdoor Recreation Grant, in the amount of$1,000,000.00. The grant application was approved, and on August 16, 2016 the City entered into a Local Park Grant Program Project Agreement(City Secretary Contract No. 48089)with TPWD, for $1,000,000.00, to construct and install lighted ball fields, multi-purpose trail, roads, parking, and additional park improvements The 2014 Bond Program also allocated an amount of$1,841,600.00 within Proposition Two to facilitate the development of additional athletic fields and supporting infrastructure throughout the City in various public parks, including locations where city funds could be leveraged through agreements with other organizations, agencies, municipalities or school districts(collectively, Entities)to create expanded athletic opportunities or to improve accessibility. On October 14, 2014, (M&C G-18337)the City Council approved an allocation plan for the$1,841,600.00. This included $200,000.00, to be used in partnership with Fossil Creek Little League (FCLL), as a challenge grant match for cash donations and monetary grants received or committed to support the Northwest Community Park Project. The allocation plan also included $500,000.00 for a partnership with the Northwest Independent School District (NISD) for the development of athletic fields on property owned by the NISD. There was an amount of$41,600.00 included in the allocation plan to be used as contingency for advancing any one, or all, of the projects listed in the allocation plan. As per an MOU between the PARD and FCLL, there was a deadline of May 31, 2017 for the fundraising portion of the $200,000.00 challenge match. At the end of the fundraising time limit, Staff recommends Logname: 80NORTHWEST COMMUNITY PARK PHASE II -CONSTRUCTION CONTRACT Page 2 of 4 reassigning the remaining funding of the challenge match (if any)to the purpose of direct support of the Northwest Community Park Project. On April 10, 2017, the NISD notified the Park and Recreation Department that the NISD will instead expand the agricultural facilities on the proposed property. Staff recommends reassigning the $500,000.00, previously allocated for the NISD partnership, and the $41,600.00 contingency to the Northwest Community Park Phase II -Athletic Field Complex Project. Upon approval of this M&C, all appropriations and funding will be as summarized in the table below: I -F Source M&C Current Proposed Total _ A_ ppropriations Appropriations Appropriations (34014- 2014 Bond ' $2,708,400.00 I $541,600.00 I $3,250,000.00 Program I - 31002-TPWD Grant r6-18298 l $1,000,000.00 $1,000,000.00 Total r������� --- 1 $3,708,400.00 $641,600.00 $4,250,000.00 A portion of this project will include 2014 Bond Funds. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse General fund, in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election and the subsequent actions authorizing the approval of the issuance of public securities. (Ordinance No. 21241-05-2014). M/WBE OFFICE - Cole Construction Inc., is in compliance with the City's BDE Ordinance by committing to 13 percent MBE participation. The City's MBE goal on this project is 12 percent. The contract period is to be 180 calendar days. Construction is anticipated to commence in June 2017 with an estimated completion date in December 2017. An official completion/opening date would be in the late summer of 2018, to allow time for grass growth on the fields before use. The PARD Maintenance impact is expected to begin in December of 2017 and is estimated to be $10,208.00 in Fiscal Year 2017. Beginning in Fiscal Year 2018, the PARD Maintenance impact is anticipated to be $134,145.09 annually. There is no FF&E associated with this project scope. The estimated revenue to be generated in Fiscal Year 2018 is$3,500.00. Beginning Fiscal Year 2019, estimated annual revenue to be generated is $14,000.00. Northwest Community Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, appropriations are available in the current capital budget for this construction contract, as appropriated, within the 2014 Bond Fund; and funds are available in the operating budget for the maintenance impact, as appropriated in the General Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference# moun ID ID I Year Chartfield 2 Logname: 80NORTHWEST COMMUNITY PARK PHASE II - CONSTRUCTION CONTRACT Page 3 of 4 FROf1fl Fund Department ccoun Project Program ctivity Budget Reference # 'mount ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. 80NORTHWEST COMMUNITY PARK PHASEII 34014 BOND A017.docx (Public) 2. CO2425 - NWCP II - MandC- 1-1131295 - Cole Construction - 04262017.pdf (Public) 3. CO2425 - NWCP II - MandC- Location Map.pdf (Public) 4. CO2425 - NWCP II - MandC- MBE - Contract Compliance - 02202017.pdf (CFW Internal) 5. CO2425 - NWCP II - MandC- PARD Athletics Calculator.pdf (CFW Internal) 6. CO2425 - NWCP II - MandC- PAR D Operations Calculator.pdf (CFW Internal) 7. CO2425 - NWCP II - MandC- PARD Trades Calculator.pdf (CFW Internal) 8. CO2425 - NWCP II - MandC- SAM - Cole Construction - 04212017.pdf (CFW Internal) 9. MC FID ATTACHMENT NW CommunitV Park Ph II.xlsx (CFW Internal) Logname: 80NORTHWEST COMMUNITY PARK PHASE II - CONSTRUCTION CONTRACT Page 4 of 4