HomeMy WebLinkAboutContract 42248-A1 AMENDMENT NO. 1 TO
DESIGN PROCUREMENT AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TAR ANT § Contract No-14
WHEREAS, Event Facilities Fort Worth, Inc., C'Developer`" and the City of Fort,
Worth, ("City', entered into a Design Procurement Agreement (CS No. 42248) (M&C C-
25071) for certain improvements to Harley Avenue including the realignment of Harley
Avenue from Rip Johnson to Montgomery Street and related drainage imiprolvements
(the "Project'�; and
WHEREAS, as the Project, progressed, additional facilities and infrastructure
improvements were identified such as parking system and streetscape improvements
related to the realignment of Harley Avenue (the "Amendment'' ; and
WHEREAS, Developer has agreed to fund an agreed upon portion of the
additional facilities and infrastructure improvements,,I and
WHEREAS, Developer will continue, to engage, the services, of Freese & Nichols,
Inc. and has engaged the services of Hahnfeld Hoffer Standford Architects and Dunaway
Associates, L.P. ("*Engineer'` to provide for the design of the Amendment;
andWHEREAS, Developer and City, have agreed to cost allocations for the design work of'
the Amend ment pursuant to the work funded by each; and
WHEREAS, Staff has reviewed the scope, fee, cost allocations and schedule for
the des,ilgin, of the Amendment and find, them to, be fair and reasonable, and
WHEREAS, City and Developer intend to amend the Infrastructure Construction
the Agreement governing Developeir-awarded construction and reimbursement from tne City
for the construction costs and certain, construction expenses, related, to the Amendment.
NOW, THEREFORE, KNOW ALL BYTHESE PRESENTS:
For and in consideration of the covenants and conditions contained herein, the City and
the Developer do hereby agree as follows:
General, Requirements
A. The Amendment will generally consist of parking, system and s,treetscape
improvements, related to the realignment of Harley Avenue from Rip
Johnson to Montgomery Street as further described by the Site, Plan
attached as Attachment A hereto.
I "N
12 P
OFFICIAL RECORD
CITY SECRETARY
CFW-EFF'W 1 ti �upesign Procurement Agreement ge 1 of 2
TX
F To WORTH,
............=........
B. Developer will amend its Engineering Contract with Freese and Nicholls,
Inc., and provided the City with copies of the agreements with Hahnfeld
Hoffer Standford Architects and Dunaway Associates,, L,.P.,
C. City agrees to reimburse Developer, upon approval of final plans, for all
additional engineering drawings, studies, renderings, contract specifications,,
estimates, and other documents, (collectively the "Amendment Work
Product') necessary to construct the parking and s,treets,caipe improvements
required by this Agreement an amount not to exceed $112,374.00. Upon
payment to Developer, all designs, drawings,, specifications, documents,
and other Amendment Work Product, whether in hard copy or in electronic
form, shall become the property of the City,
D. All other terms of the original Design Procurement Agreement not specifically
amended, or altered herein, remain in full, force and effect.
0
The rest,of t,h,i",s page intentionally left, blank
CFW-EFFW, Inc. Amendment 1 to Design Procurement Agreement Page 2 of 2
IN TESTIMONY WHEREOF, the City and Developer have each executed this
instrument through their duly authorized representatives in multiple originals
to be effective as of the last date signed by a Party hereto.
CITY OF FORT WORTH — DEVELOPER:
1 '. flc�
Event Facii'. f�s ro;L Worth, Inc.
Fernando Costa, ire droomer
Assistant City Manager President
Date: 89T/a Date.
Recommended by;
Program Management Office Tr nsportation & Public Works,
Cep ent
B an Beck, P.E. Douglas V Wiersig, P.E.
Se io C Capital Projects Officer Director
AApr o to Form, & Legalit:
Douglas W. Black
Assistant City Attorney
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CFW-,EFFW, Inc. Amendment 1 to Design Procurement,Agreement Page 3 of 3
Ust,of Attachments to this Agreement
Attachment A—Amendment Site Plan
[follows]
CFW-EFFW, Inc. Amendment I to Design Procurement Agreement Page 4 of 4
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M&C Review
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NOILAC" " Oil, Approve on 26Ordinance Nos, 11,9806-07-2,01 f 9.80 '0,7,
DATE: 7/26/2011 REFERENCE NO. C-25971 LOG NAME: o6-lA�I�E E�I�N
PHASE 2
CODE: C TYPE: NON CONSENT PUBLIC HEARING NO
SUBJECT,: Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Stormwater Utility Fund in the
Arnount of$567,890.09 and Decreasing the Unaudited, Unreserved, Und,esligna,ted Stormwater Utility Fund
Balance by the Same Amount, Authorize Execution of Design Procurement Agreement with Event Facilities Fort
Worth, Inc., in the Amount of$937',600,0o for Street and Stormwater Design Services Associated with Phase 2 of
the Harley Avenue Reconstruction Pro'ect and Adopt Apipropiriatioln Ordinances COUNCIL DISTRICT 7 ,
F
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RECOMMENDATION,
It is recommended that the City Council
1.Adopt the attached appropriation ordinance increasing appropriations in the Stormwater Utility Fund
in the amount of$567,800..00 and decreasing the Unaudited, Unreserved, Undesi noted Fund Balance
by the same amount;
2.Authorize the transfer of$507,800.00 from the Stormwater Utility Fund to the Stormwater Capital
Projects Fund;
3.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Stormwater Capital Projects Fund by$507,800.00 from,available funds;
4.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the,
y a.
Capital Projects Reserve Fund by$09,800,00 from available funds;
5.Authorize the transfer of$09,800.00 from the Capital Projects Reserve Fund to the Street
Improvements Fund;
0.Adopt the attached appropriation ordinance increasing the estimated appropriations in the Street
Improvements Fund by$69,8010.00,from available funds; and
7.Authorize execution of a design procurement Agreement with Event Facilities Fort worth, Inc. in the
amount of$937,600"00 for engineering design services for Harley Phase 2 adjacent to the Will, Rogers
Memorial Center.
DISCUSSION:
http://apps..efwnet.org/counc 1, pae etlm+ revi wasp ID=15664&count ldate=7/26/2011 1 of 3 [08/22/2012 9:21:22 AM]
M&C Reviow
The Harley Avenue Re-alignment Project was approved as part of the 2004 Capital Improvement
Program. Since;that time, staff has been working with Event Facilities Fort Worth, Inc., (EFF1W) to
advance this project that supports and enhances the operations of both the Will Rogers Memorial,
Center and the Fort Worth Exposition and Stock Show.The most recent activities include the following
City Council actions:
M&C,C-2429816-22-2010)
This action provided for the construction of water, sewer, paving and drainage improvements in Harley
Avenue from,University Drive to Rip,Johnson, (Harley Phase 11 . These improvements supported the
construction of the Multi-Purpose Equestrian Center currently under construction
M&C G-1 7104 1-09-2010)
This action approved revisions to the City's Master Thoroughfare Plan for Harley Avenue between, Rip:
Johnson and Montgomery Street. This alignment supports the proposed private parking facilities
proposed by EFF1W and provides appropriate access for a future arena site.
M&C C-24801 (03-22-2011)
This action approved the execution of a$4,5 million reimbursement agreement with Tarrant County for
I
the County's support of the design and construction of Harley Phase,2.
In order to advance the Harley Phase, 2 project into construction immediately following the 2012 Stock
Show, Event Facilities has offered to advance the design and construction,as a,developer project.
Event Facilities has negotiated with Freese & Nichols, Inc,, and Dunaway Associates, Inc., to provide
construction plans for the project. Staff has reviewed the proposed fee and finds it fair and reasonable
for the services provided,. Staff recommends,that the City Council authorize the execution of a design
procurement agreement upon delivery of the final approved construction plans. The roadway design
elements will be funded with $300,000.00 from available bond proceeds from the 2004 CIP and
$169,8,0,0.00 from undesignated gas,well revenues. The storm drain design ellements will be funded from
available operating funds from the Stormwater Utility,
Staff anticipates returning to the City Council for authorization to execute an Infrastructure Construction
Agreement with EFFW for Harley Phase 2 after public bids are received in October, 2011. This
schedule will allow the project to proceed to construction as anticipated in February of 2012.
FISCAL INFORMATION/CERTIFICATIONO 0
The Financial Management Services Director certifies that upon approval of'the above
recommendations and adoption of the attached appropriation ordinances, funds will be available in the
current capital budgets, as appropriated, of the Storm Water Capital Projects Fund,and the Street
Improvement Fund.
http:,//apps.cfw uncil,
_packet/mc—rev ie w.asp?l D=15,6:64,&counicildiate=7/26/2011(2 olf 3,)[08/22/2012 9:21:22,AM]
1 I
"&C Revkw
TO Fund,/Accoun:t/Cmters, FROM Fund/Account/Centers
1)P,E69 538040 0209000 '5 O 2 538040 0209000
'567 .00 51 159,800.00
P228 472069 207230014330 G O 538070 0,06016110100101100
4L 69 800-00 7)
1228 53912,0 20,7230014330 $567,800.00
G,CIO 446,100 00610,600011000 7')C200 539'120 207230014330 $369,80G.00
$691 800.00
GC101 5138,070 006,0600010,00
$59
020'0 472'010 207230014330 j8001.010!
3)P228 539120 207230014330 $567J800-00
6)C200 539120 207230014330, g9 j.800-00
Submitted for Citv Manager's Fernando Costa(6,122)
Offimice bvW
Orig inert inn Department Head. Randle Harwood (6101)
AdWitimoini,al lin,formait,ion, Contact: Bryan Beck(7909)'
ATTACHMENTS
016,HA,RLEY DESIGN, PHASE 2 A SW,Util Fund.doc
06HARLEY DESIGN PHASE 2 Recldoc
06HARLEY DESIGN PHASE 2 Rec4.doc
06HARLEY DESIGN PHASE 2 Rec6.dloc
http://a,pps.cfwnet.org/council_packet/'mc_review.asp?ID=15664&councildate=7/26/2011(3 of 3)[08/22/2012 9:21:22 AM)
M&C Review A "r),w
Official site of the City of Fort Worthi,Texas
CITY unIL AGENDA FoRTA'oan
COUNCIL ACTION: Apipirolved on 6112/2012- Ordinance No 20253-06-20,12
SOMMI WOUNIM11
DATE: 6/12/2012 REFERENCE NO.: C-25664 LOG NAME: 25HARLEY PH2 ICA
AMEND
CODE: C, TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT': Authorize Execution of an Amendment to the Design Procurement Agreement with Event
Facilities Fort Worth, Inc., in the Amount of$112,,374.,00 for a Total Contract Amount of
$1,049,974,.00 and Authorize Execution of an Amendment to the Infrastructure
Construction Agreement with Event Facilities Fort Worth, Inc., in the Amount of
$1,795, .72 Plus $76,526.00 in Contingency to Allow Reimbursement,for Additional
Improvements Related to the Harley Avenue Phase 2 Realignment Project for a Total
Contract Amount of$10,423,129.72 and Adopt Ordinance Vacating a Portion,of Harley
Avenue Between Gendy Street and Rip Johnson Drive(COUNCIL DISTRICT'7')
mum ammmuslawi
RE'COMMENDATIONO
It is, recommended that,the City Council:
1. Authorize execution of an amendment to the Design Procurement Agreement w ith Event Facilities Fort
Worthi, Inc., in the amount of$112,374.00 in order to allow reimbursement for design, engineering and other
soft costs related to the parking system improvements associated with the Harley Avenue Phase 2,
Realignment Project increasing the contract amount to$1,049,974.00;
2. Authorize execution of an amendment to the Infrastructure Construction Agreement with Event Facilities
Fort'Worth, Inc., in the amount of$1,795,958.72 plus $76,526.00 in contingency in, order to allow
reimbursement for additional utility and parking system improvements associated'with the Harley Avenue
Phase 2 Realignment Project increasing the contract amount of$10,423,129.72-� and
y
3. Vacate a portion of Harley Street east of Gend y Street and west of Rip Johnson Drive.,
DISCUSSION-
The Harley Avenue Realignment Project was approved as part of the 2004 Capital Improvement Program.
The City and Event, Facilities Fort Worth, Inc. (EFFW), have worked cooperatively to advance this project
that supports and enhances the operations of both the Will Rogers Memorial' Center(WRMC) and the
Southwestern Exposition and Livestock Show.
In order to advance the Harley Phase 2 Project into construction to,allow completion in advance of the 2013
Southwestern Exposition and Livestock Show, construction, commenced while some aspects of the project
were still under design, including some portions of'the campus water and sanitary sewer service. The
realignment of Harley Avenue expanded the campus south of the barns and presented an opportunity for
improvements to the WRMC parking system. The improvements, requested in this M&C include adding
additional parking! capacity in space created by the Harley realignment and related drainage, extending the,
ornamental, fence to match the fence on the north side of the campus and improved access to the parking
system south of the barns.,
On July 26, 20111 (M&C C-25071)the City Council authorized the execution of a Design Procurement
Agreement with EFFW for engineering design services for Harley Phase 2. Th�is amendment will provide for
reimbursement of the additional design services related to the parking system improvements for the amount
of$1'112,374.00. The additional design and soft costs of parking system, improvements will be funded by the
Municipal Parking Fund increasing the contract amount,to $11,049,974.00.
On November ly 20,111 (M&C C-25261) the City Council authorized the execution of an Infrastructure
Construction Agreement with EFFW for paving, storm drainage, water and sanitary sewer improvements
"qolrpt/mr, review.asi)?,ID=16988&councilda,te�6/12/2,012, qn/2012
rage 2 of 2
associated with Phase 2 of the Harley Avenue Realignment Project. This amendment will provide for
reimbursement of the change orders to the construction,of the water, sanitary sewer and parking system
improvements to the WRIVIC for an amount of$1,795,958.92 for construction and $76,5,26�.00 in
contingency for parking system improvements increasing the contract amount to$10,423,129.72.
Staff recommends funding support from the following multiple sources in order to appropriately match the
source of funding, to the nature and impact of the various improvements: The construction of the additional
water,improvements will be funded by Water Capital Projects Fund($400,000.00) and the construction of
the additional sanitary sewer improvements will be funded by the Sewer Capital Projects Fund
($384,8,58.92). -rhe design and construction of the parking system improvements will be funded, by the
Municipal Parking Fund ($1,200,000.00).
The developer has agreed to provide for a 15 percent M'/WBE commitment in the amendments to the
Infrastructure Construction Agreement.
In addition, Event Facilities Fort Worth Inc., has requested the vacation,of a portion of Harley Street in order
to construct a, new facility., The City Plan Commission, recommended approval of the request at their
October 2011 public hearing. A new street alignment is currently under construction in the area.
This project is located in COUNCIL DISTRICT 7, but serves the entire City.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budgets, as appropriated, of the Water Capital Projects Fund,,the Sewer Capital Projects Fund, and the
Municipal Parking Fund.
TO Fund/Acco,unt/Centers FROM F:und/',AccounVCenters
P27 5391,140_ Z.O7130,0,14380 3843858-22
P265 539140 607,1400,14380,
P24 9 541200 257060014380 $1,087J626-00
P249 531200 25706,001433o, $1,12.374.
Submitted for Cla Man n pr's Susan Tanis (8180)
Or* m'ny"n , Department Head: Kirk Slaughter(2501)
LqU
Additional Information Contact: Kirk Slaughter(2501)
ATTACHMENTS
06VA-01 1-011 Harley Avenue.,doc
VA-01#1- '1
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