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HomeMy WebLinkAboutContract 47328-CO3 CSC No.47328-CO3 FORT WORT11 City of Fort Worth — � Change Order Request Project Name Montgomery Street from Camp Bowie to I H-30 City Sec# 47328-Al Client Project#(s) CO2432 Project Description Reconstruct Montgomery Street as an undivided arterial street with new waterlines,sewer lines,storm drain,concrete pavement,streetlights,traffic signals, shared use paths,landscaping and irrigation. Contractor Haydon Building Corp. Change Order# 3 Date 2/1/2021 City Project Mgr. Mike Weiss City Inspector John Crowley Dept TPW Montgomery Sidewalk EAH Stormwater EAH Water/Sewer Contract Time Totals (CD) Original Contract Amount $10,841,380.00 $116,720.00 $4,568,760.00 $1,565,140.00 $17,092,000.00 730 Extras to Date $261,972.67 $0.00 $0.00 $245,878.11 $507,850.78 90 Credits to Date $0.00 $0.00 $0.00 $0.00 Pending Change Orders(in M&C Process) $0.00 $0.00 $0.00 $0.00 Contract Cost to Date $11,103,352.67 $116,720.00 $4,568,760.00 $1,811,018.11 $17,599,850.78 820 Amount of Proposed Change Order $227,972.63 $0.00 $0.00 $0.00 $227,972.63 81 Revised Contract Amount $11,331,325.30 $116,720.00 $4,568,760.00 $1,811,018.11 $17,827,823.41 901 Original Funds Available for Change Orders $0.00 Remaining Funds Available for this CO $0.00 $0.00 $0.00 $0.00 Additional Funding(if necessary) $227,972.63 $227,972.63 CHANGE ORDERS to DATE(INCLUDING THIS ONE)AS%OF ORIGINAL CONTRACT 4.31% MAXALLOWABLECONTRACTAMOUNT(ORIGINAL CONTRACT COST+25%) $21,365,000.00 JUSTIFICATION(REASONS)FOR CHANGE ORDER Change Order No.3 provides for construction services for additional asphalt and concrete pavement,sidewalks,pavers,driveways,storm drain pipe and inlets,streetlights,traffic signals,landscpaping and irrigation,and water and sanitary sewer services,with an additional 81 calendar days of contract time negotiated with the CMAR for the additional scope of work not contemplated in the original schedule.The additional work items were caused by various reasons,some of which are associated with the Dickies Arena project: 1-Water and sewer services,and franchise utilities not shown in record drawings found in the field during construction; 2-Schedule changes during construction required the boring of streetlight conduit;3-Traffic signal at Trail Drive was upgraded and revised to avoid conflicts with franchise utilities;4-Paving,sidewalk and paver changes were prompted by the Dickies Arena project at the Harley Street and Montgomery Street entrances to meet the project requirements;5-Landscaping and irrigation were revised to match the Arena Team's construction as well as restore businesses'which were impacted by construction;6-Inlet types were revised to avoid utilities or provide additional room for franchise utilities. This change order represents the negotiated settlement with Haydon Building Corp for the completion of Montgomery Street from Camp Bowie Blvd.to IH-30,was authorized by City Council on 1/26121(M&C 21-0077),and it is funded from the 2014 Bond Fund.Construction work started on 6126/17 and the final inspection was held on 12/13119. It is understood and agreed that the acceptance of this Change Order by the contractor constitutes an accord and satisfaction and represents payment in full (both time and money)for all costs arising out of,or incidental to,the above Change Order. The Project/Program Manager signing below acknowledges that he/she is the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Contractor's Company Name Contractor(Name) Contract Signature Date __l Haydon Building Corp Tom Monsen r��."F ._ Feb5,2oz1 Inspector/Inspection Supervisor Date Project and Contract Compliance Manager Date 9'(4141 C`g(4U9Qaj Feb 8,2021 Michael welts _ Feb 8,2021 Program Manager Date Senior Capital Project Officer Date a-A" Feb 11,2021 .o.E du .0 Feb 11,2021 Assistant Director(Dept) Date Director,Contracting Department(Dept) Date Lauren Pm r Feb 11,2021 J. l/.. Feb 12,2021 3aan Assistant City Attomey Date Assistant City Manager Date Feb 12,2021 ama soyw Feb 12,2021 Council Action(if required) M&C Number 21-0077 M&C Date Approved 1-26 2021 ATTEST:nu*` OR Mary l.Kayser,City Secretary p�,*o � 0add OFFICIAL RECORD a ° °'A p a0o �iA CITY SECRETARY ° ° ° *hda ° °°°° a FT. WORTH, TX aab*XAS�Ap City of Fort Worth Change Order Additions Project Name Montgomery Street from Camp Bowie to IH30 City Sec# 47328-A1 Client Project# CO2432 Contractor Haydon Building Corp. PM Mike Weiss InspectorF John Crowley Change Order Submittal# F_T_� Date 112712021 ADDITIONS ITEM DESCRIPTION DEPT QtY Unit Unit Cost Total Montgomery Street NegotiatedSettlement on gomery TPW Montgomery $227,972.63 Sidewalk EAH $0.00 Stonnwater EAH $0.00 Water/Sewer $0.00 Sub Total Additions $227,972.63 Change Order Additions Page 2 of 4 FoA_ r�_L 11 City of Fort worth Change Order Deletions Project Name Montgomery Street from Camp Bowie to IH-30 City Sec# 47328-A1 Client Project# CO2432 Contractor Haydon Building Corp. PM Mike Weiss Inspector John Crowley Change Order Submittal# O3 Date 112712021 DELETIONS ITEM DESCRIPTION DEPT Qty Unit UnitCost Total TPW Montgomery $0.00 Sidewalk EAH $0.00 Stormwater EAH $0.00 Water/Sewer $0.00 Sub Total Deletions 0.00 Change Order Deletions Page 3 of 4 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORTH REFERENCE **M&C 21- 20MONTGOMERY CHANGE DATE: 1/26/2021 NO.: 0077 LOG NAME: ORDER 3 AND APPROPRIATIONS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Execution of Change Order No. 3 to the Montgomery Street/Eastern Arlington Heights Drainage Construction Manager-at-Risk Agreement with Haydon Building Corp, in an Amount up to $227,972.63, for Additional Paving, Storm Drain, Streetlight, Traffic Signal, Landscaping, Irrigation, Water, and Sanitary Sewer Work, Thereby Increasing the Guaranteed Maximum Price to $17,827,823.41, Provide $50,000.00 for Contingencies and Construction Services, Adopt Appropriation Ordinance, and Amend the FY2021-2025 Capital Improvement Program (2014 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize Change Order No. 3 to City Secretary Contract No. 47328, the Montgomery Street/Eastern Arlington Heights Drainage Construction Manager-at-Risk Agreement with Haydon Building Corp, in an amount up to $227,972.63, for additional paving, storm drain, streetlight, traffic signal, landscaping, irrigation, water, and sanitary sewer work, thereby increasing the Guaranteed Maximum Price to $17,827,823.41 and the addition of 81 calendar days to the contract time (City Project Numbers 02432 and 100218); 2. Adopt the attached Appropriation Ordinance adjusting appropriations in the 2014 Bond Program Fund by increasing appropriations in the Montgomery Street—Camp Bowie (City Project No. CO2432) in the amount of$273,801.67 and decreasing appropriations in the Fund 34014 Appropriation Only project(City Project No. U34014) by the same amount; and 3. Amend the FY2021-2025 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication authorizes Change Order No. 3, in the amount up to $227,972.63, to the CMAR Agreement with Haydon Building Corp (Haydon) (CSC No. 47328). Change Order No. 3 provides for construction services for additional asphalt and concrete pavement, sidewalks, pavers, driveways, storm drain pipe and inlets, streetlights, traffic signals, landscpaping and irrigation, and water and sanitary sewer services, with an additional 81 calendar days of contract time negotiated with the CMAR for the additional scope of work not contemplated in the original schedule. The additional work items were caused by various reasons, some of which are associated with the Dickies Arena project: Water and sewer services, and franchise utilities not shown in record drawings found in the field during construction; Schedule changes during construction required the boring of streetlight conduit; Traffic signal at Trail Drive was upgraded and revised to avoid conflicts with franchise utilities; Paving, sidewalk and paver changes were prompted by the Dickies Arena project at the Harley Street and Montgomery Street entrances to meet the project requirements; Landscaping and irrigation were revised to match the Arena Team's construction as well as restore businesses' which were impacted by construction; Inlet types were revised to avoid utilities or provide additional room for franchise utilities. On August 25, 2015 (M&C C-27427), the City Council authorized the execution of a two- phase CMAR Agreement with Haydon for Pre-Construction Services in the amount of$68,809.00 and for the construction of Montgomery Street from Camp Bowie Boulevard to Interstate Highway 30. http://apps.cfwnet.org/council_packet/mc review.asp?ID=28629&councildate=l/26/2021 1/28/2021 M&C Review Page 2 of 3 On May 16, 2017 (M&C C-28243), the City Council authorized Amendment No. 1 to the CMAR Agreement with Haydon to add the Eastern Arlington Heights Storm Drain Improvements along Bryce Avenue from Montgomery Street to Sutter Street and establish a Guaranteed Maximum Price (GMP) in the amount of$17,092,000 for construction of the project. On December 5, 2017 (M&C C-28489), the City Council authorized Change Order No. 1 to the Montgomery Street/Eastern Arlington Heights Drainage CMAR Agreement with Haydon in the amount of$261,972.67 for changes to the street paving component thereby increasing the Guaranteed Maximum Price (GMP) to $17,353,972.67. On June 26, 2019 (M&C C-29183), the City Council authorized Change Order No. 2 to the Montgomery Street/Eastern Arlington Heights Drainage CMAR Agreement with Haydon in the amount up to $245,878.11 for changes to the water and sanitary sewer components, thereby increasing the Guaranteed Maximum Price to $17,599,850.78. (City Project No. 100218). Additionally, funds in the amount of$50,000.00 will be used to provide for contingencies and construction services. Funding for this project was included in the FY2021-2025 Capital Improvement Program in the amount of$ $15,818,450.00. Additional funding in the amount of$273,801.67 is needed for construction services and contingency service costs. The action in this M&C will amend the FY2021- 2025 Capital Improvement Program as shown in the tables below: Fund Existing Additional Project Total Funding Funding Montgomery Street- Camp Bowie - 0O2432 2014 Bond Fund —34014 $8,324,000.00 $277,972.63 $8,601,972.63 Stormwater Capital Projects— 52002 $200,000.00 $0.00 $200,000.00 Street Improvements Supplement— $1,000,000.00 $0.00 $1,000,000.00 39406 Street Improvements—39409 $94,450.00 $0.00 $94,450.00 2004 Bond Residuals - 39410 $2,544,380.00 $0.00 $2,544,380.00 2008 Bond Residuals- 39411 $3,405,620.00 $0.00 $3,405,620.00 Stormwater Capital Projects - 59651 $250,000.00 $0.00 $250,000.00 Project Subtotal = $15,818,450.00 $277,972.63 $16,096,422.63 Fund Existing Additional Project Total Funding Funding Montgomery Construction Support - 102355 General Capital —30100 $78,275.44 $0.00 $78,275.44 Project Subtotal = $78,275.44 $0.00 $78,275.44 Fund Existing Additional Project Total Funding Funding Montgomery/E Arlington Heights - 100218 Stormwater Capital Projects—52002 $92,180.69 $0.00 $92,180.69 Water and Sewer Capital Projects— $1,930,879.00 $0.00 $1,930,879.00 56002 Stormwater Capital Projects— Bonds - $2,829,883.00 $0.00 $2,829,883.00 59651 Stormwater Capital Project Legacy— $1,991,666.31 $0.00 $1,991,666.31 59652 http://apps.cfwnet.org/council_packet/mc review.asp?ID=28629&councildate=1/26/2021 1/28/2021 M&C Review Page 3 of 3 Project Subtotal = $6,844,609.00 $0.00 $6,844,609.00 Grand Total = $22,741,334.44 $277,972.63 $23,019,307.07 M/WBE Office: Haydon Building Corp agrees to maintain its initial MBE commitment of 12 percent that it made on the original contract and extend and maintain that same MBE commitment of 12 percent to all prior change orders up to and inclusive of this Change Order No. 3. Therefore Haydon Building Corp remains in compliance with the City's BIDE Ordinance and attests to its commitment by its signature on the Acceptance of Previous MBE Commitment form executed by an authorized representative of its company. The Montgomery Street project 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, funds are available in the current capital budget of the Montgomery Street-Camp Bowie project, as appropriated, in the 2014 Bond Fund. Prior to an expenditure being incurred, the Transportation & Public Works Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2) FROM Fund Department FAccount Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Jennifer Roberts (8447) ATTACHMENTS 20MONTGOMERY CHANGE ORDER 3 AND APPROPRIATIONS 34014 A021(R2)UPDATED 12-1-20.docx MONTGOMERY STREET CONSTRUCTION MAP.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=28629&councildate=l/26/2021 1/28/2021 From: Matt Carpenter To: Roberts.Jennifer Cc: Tom Monsen Subject: RE:Montgomery Street-Negotiated Settlement Date: Monday,November 2,2020 12:32:06 PM Attachments: image002.ona CAUTION:This email originated from outside of the City of Fort Worth email system.Do not click any links or open attachments unless you recognize the sender and know the content is safe. Jennifer, We have review the current proposed financial settlement of$17,827,823.41 and agree to this as the final contract amount.As part of this final settlement,the City will add by change order non-compensable contract days to cover the entire duration of construction without imposing liquated damages.If you have any questions or concerns,please let me know.Thank you Jennifer. Thank You, Matt Carpenter Chief Operating Officer ❑■ HAYDON BUILDING CORP 4640 E Cotton Gin Loop Phoenix,AZ 85040 602-296-1496 main 602-695-9937 cell www.haydonbc.com facebook I twitter I linkedin From:Roberts,Jennifer<Jen nife r.Robe rts@fo rtworthtexas.gov> Sent:Monday,October 19,2020 6:37 PM To:Matt Carpenter<mcarpenter@haydonbc.com> Cc:Tom Monsen<tmonsen@haydonbc.com> Subject:RE:Montgomery Street-Negotiated Settlement Good evening,Matt— I apologize for the delayed response. The project's inspector was on vacation last week. He is back today and was able to provide more detail on the lack of use of a Temporary Water Service. A temporary water service line is set up when a water main is shut down and kept out of service for a long period of time (weeks or months). The temporary water service is used to keep the water customers connected to water service. The temp water service system consist of 2-inch steel water pipes running the entire length of the out of service water main and acts like a temporary main. Like a water main,the temporary water service must be sanitized and tested before it can be put into temporary service. Neither Haydon nor Wildstone used a temporary water service. The main reason why it was not used is because it was not needed. No customers were found to be connected to the 16-inch water main. All of the businesses were connected to the side streets'8-inch water mains. The only time service was interruption to the businesses was when the water a tie-in was made and it only took a few hours. This pay item was not used. The City stands behind the figures as presented on October 7tn Kind regards, Jennifer Jennifer H.Roberts,PE,PMP,CMQ/OE,CEng MICE City of Fort Worth TPW I Senior Capital Projects Officer 0:817-392-8447 C:(682)263-2646 Jennifer.Roberts@fortworthtexas.gov From:Matt Carpenter<mcarpenterCcDhaydonbc.com> Sent:Tuesday,October 13,2020 8:28 PM To:Roberts,Jennifer<Jennifer.RobertsCcDfortworthtexas.gov> Subject:RE:Montgomery Street-Negotiated Settlement CAUTION:This email originated from outside of the City of Fort Worth email system.Do not click any links or open attachments unless you recognize the sender and know the content is safe. Good evening Jennifer, We have reviewed the proposed settlement.We still have some concern for the temporary water service bid item that the City wants to deduct from the final contract amount.The water service is not part of CO#2 but is Contract Line Item Number VII-18 3304.0101.Below is Wildstone's response to providing back-up to their request for payment: "Wildstone kept all of the water services live for the duration of the project by using extra copper fittings,cutting and coupling where there was a conflict with the storm drain and the existing services. With the work we put in and the additional material costs to keep everyone in service,we satisfied the requirement of this bid item and I can assure you we spent more than $34,000.00 doing it." This is a lump sum pay item and I haven't found in any other spec sections or pay items where keeping everyone in service would be paid or where it is subsidiary.We are still requesting the lump sum pay item to paid to cover the work with providing temporary service connections so that everyone remained in service.I have attached the spec section for reference.I believe this is the last issue to resolve so we can put this behind us. Let's find some time tomorrow to discuss. Thank You, Matt Carpenter Chief Operating Officer ❑® HAynnm Rim nimn MRP 4640 E Cotton Gin Loop Phoenix,AZ 85040 602-296-1496 main 602-695-9937 cell www.haydonbc.com facebook I twitter I linkedin From:Roberts,Jennifer<Jennifer.RobertsCcDfortworthtexas.gov> Sent:Wednesday,October 7,2020 4:46 PM To:Matt Carpenter<mcarpenter haydonbc.com>;Tom Monsen<tmonsenCZDhaydonbc.com> Subject:RE:Montgomery Street-Negotiated Settlement Good evening,Matt- Thank you very much for speaking with me today. I apologize,again,for disturbing you while you are on vacation and sincerely appreciate you taking my call. Since our last correspondence,CFW staff have been reviewing all of the information provided on the remaining work to be billed and the items that have been billed on the last processed C620. The Total Remaining Billing in the Haydon spreadsheet from 9/21,titled:Total Final Contract Summary Draft.xlsx,was:$285,772.00 The City has found some additional deductions in amounts billed to date: overpaid on C0#1 $1,808.62 additional overpaid on C042 for temp water lines that were not installed $33,819.07 reduction in CFW Added services responsibility $5,465.53 TOTAL $41,093.22 Based on the above,the City would owe Haydon 5244,678.78 which is equal to$285,772.00-$41,093.22. Therefore: Oct 2019 C620 Total completed and stored to date $17,583,144.63 City's remaining balance $244,678.78 Total Negotiated Settlement $17,827,823.41 The City is interested in settling and offers the negotiated settlement outlined above. If Haydon agrees with this financial settlement please respond to this email in the affirmative. It should be noted that there are still outstanding items required to release retainage including,but are not limited to the following:Affidavit of Bills Paid,Release of Surety,Water Services Report,etc. Please refer to the Contract,specifically Spec 01 77 19:Closeout Requirements,for more information. The City and its engineering consultant have been working diligently with Haydon and Wildstone to get these final items completed. Thank you,again,for your time and consideration this afternoon. Kind regards, Jennifer Jennifer H.Roberts,PE,PMP,CMQ/OE,CEng MICE City of Fort Worth 1TPW I Senior Capital Projects Officer 0:817-392-8447 1 C:(682)263-2646 Jennifer.RobertsPfortworthtexas.gov From:Matt Carpenter<mcarpenter(@ha)1donbc.com> Sent:Monday,September 21,2020 9:59 AM To:Roberts,Jennifer<Jennifer.Roberts(@fortworthtexas.eov> Subject:RE:Montgomery Street-Negotiated Settlement CAUTION:This email originated from outside of the City of Fort Worth email system.Do not click any links or open attachments unless you recognize the sender and know the content is safe. Good morning Jennifer, I spent the weekend reinventing the wheel to try and get my arms around the true dollars on this project and where we really stand.I have attached,what I believe,is the summary of the final contract amount.I'm off a few dollars on the billings to date but that isn't a surprised by how confusing this all is.I have also included back-up as to where the numbers are coming from.A few points to consider as you review: 1. We have billed the full Project Contingency for Haydon's exclusive use for Haydon Added Services since these were in excess of available contingency. 2. We still have remaining work to bill for that was never included on an invoice.Last C620 Invoice was created to be able to pay subs and not meant as final quantities. 3. 1 have included the deduct for the work the JOC contractors performed since Haydon was paid for it. 4. I'm not interested in having formal or informal LDs charged.We don't intend to ask for any General Conditions from the CFW due to its and franchise utility delays,unless CFW continues to pursue a deduct on final payment. Please review and let me know if you don't agree with the logic in the summary sheet or if you have any questions.I'm anxious to get this resolved and get a final agreement negotiated and executed. Thank You, Matt Carpenter Chief Operating Officer ❑® HPvnnu myp rvur-r-nRP 4640 E Cotton Gin Loop Phoenix,AZ 85040 602-296-1496 main 602-695-9937 cell www.haydonbc.com facebook I twitter I linkedin From:Roberts,Jennifer<Jennifer.RobertsCcDfortworthtexas.gov> Sent:Tuesday,September 15,2020 5:04 PM To:Matt Carpenter<mcarpenterCcDhaydonbc.com> Subject:RE:Montgomery Street-Negotiated Settlement Good evening,Matt- Thank you for sharing with me Haydon's calculations to date. The City's calculation is as follows. $17,583,144.63 Last C620 Invoice:Total completed and stored to date Contractor Contingency n/a Contractor Contingency—included in the C620 W/SS Reduction Error n/a Added Service#26 included in the CFW Added Services CO#1(Really CO#1) n/a Billed at 100%in the C620(Original Amount:$261,972.67) CO#2(Really AS's) n/a Haydon Added Service Billed at 100%in the C620; but included items not CO#3(Really CO#2) -$27,169.02 performed(Original Amount:$245,878.11)—Difference agreed Added Services-CFW $359,422.29 Added Services CFW has agreed to accept at this time Added Services previously paid by CFW -$191,412.99 Refer to the Construction Allowance tab of the C620 Deduct for items not performed by Haydon and undertaken by City and Bean/Fain- determined using Haydon's unit prices(not $56,070.56 what City was charged:$78k) Liquidated damages,informal -$56,700.00 Total $17,611,214.35 $28,069.72 difference 0.16% %of total contract amount Per the above,we are very close hence the offer to settle for what had been paid to date. In order to pay Haydon$28k,staff would need to go to City Council to approve a change order and to appropriate funds. This is typically a three month process. Settling for what has been paid to date means we can release retainage as soon as the closeout items have been received. I am checking with accounting to see if there is any money left on the Haydon PO. I think there may be around$16k. I could offer that,as well,without needing to take 3 months to go to Council for funding. That would bring us within$12k. Kind regards, Jennifer Jennifer H.Roberts,PE,PMP,CMQ/OE,CEng MICE City of Fort Worth ITPW I Senior Capital Projects Officer 0:817-392-8447 1 C:(682)263-2646 Jennifer.Roberts 00ortworth texas.gov From:Matt Carpenter<mcarpenterCcDhaydonbc.com> Sent:Tuesday,September 15,2020 1:54 PM To:Roberts,Jennifer<Jennifer.RobertsCcDfortworthtexas.gov> Subject:RE:Montgomery Street-Negotiated Settlement CAUTION:This email originated from outside of the City of Fort Worth email system.Do not click any links or open attachments unless you recognize the sender and know the content is safe. Jennifer, I'm still working through the pay apps to make sure this all makes sense to me.It is very confusing to say the least.Below is what Tom has complied in regards to pay apps,quantities,change orders,added services,etc.I'm still trying to vet this.I just wanted to let you know I'm still working on this. Thank You, Matt Carpenter Chief Operating Officer HPYDON BUILDING CORP 4640 E Cotton Gin Loop Phoenix,AZ 85040 602-296-1496 main 602-695-9937 cell www.haydonbc.com facebook I twitter I linkedin From:Roberts,Jennifer<Jennifer.RobertsCcDfortworthtexas.gov> Sent:Thursday,September 10,2020 9:34 AM To:Matt Carpenter<mcarpenterCZDhaydonbc.com> Cc:Prieur,Lauren L<Lauren.PrieurCcDfortworthtexas.gov>;Crowley,John<Johnny.CrowleyCcDfortworthtexas.gov>;Tom Monsen <tmonsenCZDhaydonbc.com>;Weiss,Michael<Michael.WeissCcDfortworthtexas.eov>; Lopez,Raul <Raul.Lopez Rou ra CcDfortwo rthtexas.gov>;Teal,Roy<Roy.TealCcDfortworthtexas.gov>;Ramirez,Alexiz <Alexiz.Ra mirezCcDfortworthtexas.gov> Subject:Montgomery Street-Negotiated Settlement Good morning,Matt— Thank you so much for speaking with me this morning to negotiate a financial settlement for the Montgomery Street project (CO2432). Per our conversation,the City of Fort Worth and Haydon has agreed to a negotiated settlement of the total construction cost to date as indicated on the last processed C620,dated Oct 2019. Oct 2019 C620 Summary: Total completed and stored to $17,583,144.63 date Retainage $736,798.83 Therefore,the City will release the full retainage amount pending the receipt of the final closeout items. No Liquidated Damages will be assessed. If you agree with this financial settlement please respond to this email in the affirmative. The outstanding items required to release retainage include,but are not limited to the following:Affidavit of Bills Paid,Release of Surety,Water Services Report,etc. Please refer to the Contract,specifically Spec 0177 19:Closeout Requirements,for more information. The City and its engineering consultants will diligently work with Haydon and Wildstone to get these final items completed. Thank you,again,for your time and consideration this morning. Kind regards, Jennifer Jennifer H.Roberts,PE,PMP,CMQ/OE,CEng MICE Senior Capital Projects Officer City of Fort Worth Transportation&Public Works Dept 200 Texas Street,2nd Floor Fort Worth,Texas 76102 0:817-392-8447 1 C:(682)263-2646 Jennifer.RobertsPfortworthtexas.gov City of Fort Worth—Working together to build a strong community. How am I doing? Feel free to contact my supervisor. Lauren.Prieur(@fortworthtexas.gov Disclaimer The information contained in this communication from the sender is confidential.It is intended solely for use by the recipient and others authorized to receive it.If you are not the recipient,you are hereby notified that any disclosure,copying,distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware,and may have been automatically archived by Mimecast Ltd,an innovator in Software as a Service(SaaS)for business. 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LINDEN k LINDEN COLLIN WOOD IJ -E L CAM PO TR " RI I SO Air JJ I'i��� �� ,`' ••• ^ IIII ` — PERSHIN OMill II p ; aMr­ 114ii BIRCHMAN Ll T/I��r iriYi�i�A■■RI C�� � I � — '1� I IL7 AL'MONT � v �I��ii �11111t�1 i • 1 N Ordinance No. AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE 2014 BOND PROGRAM FUND BY INCREASING APPROPRIATIONS IN THE MONTGOMERY STREET—CAMP BOWIE (CITY PROJECT NO. CO2432) IN THE AMOUNT OF $273,801.67 AND DECREASING APPROPRIATIONS IN THE FUND 34014 APPROPRIATION ONLY PROJECT (CITY PROJECT NO. U34014) BY THE SAME AMOUNT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2020-2021 in the Budget of the City Manager, there shall also be adjusted appropriations in the 2014 Bond Program Fund by increasing appropriations in the Montgomery Street—Camp Bowie (City Project No. CO2432) in the amount of$273,801.67 and decreasing appropriations in the Fund 34014 Appropriation Only project(City Project No. U34014)by the same amount. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 24446-09-2020 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY Douglas W Black Mary J. Kayser Sr.Assistant City Attorney ADOPTED AND EFFECTIVE: 1 34014 0200431 U34014 2021 14010199 $ (273,801.67) Move from UNSPECto CO2432 1 34014 0200431 CO2432 2021 14010199 $273,801.67 Move to CO2432 from UNSPEC-34014 2 34014 0200431 5740010 CO2432 CO2380 9999 14010199 $ 223,801.67 To increase contract with Haydon Contract $ 17,092,000.00 CO $ 261,972.67 CO2 $ 245,878.11 CO3 $ 223,801.67 Remaining in PO $ 4,170.96 Total $ 17,827,823.41 Fund Existing Funding Additional Funding Project Total Montgomery Street-Camp Bowie-CO2432 I 2014 Bond Fund-34014 I $8,324,000.00 $277,972.63 $8,601,972.63 Stormwater Capital Projects-52002 $200,000.00 $0.00 $200,000.00 Street Improvements Supplement-39406 II $1,000,000.00 $0.001 $1,000,000.00 Street Improvements-39409 I $94,450.00 $0.00 $94,450.00 2004 Bond Residuals- 39410 $2,544,380.00 $0.001 $2,544,380.00 2008 Bond Residuals -39411 $3,405,620.00 $0.00 $3,405,620.00 Stormwater Capital Projects-59651 $250,000.00 $0.00 $250,000.00 Project Total $15,818,450.00 $277,972.63 $16,096,422.63 Montgomery Construction Support-102355 _ II General Capital-30100 II $78,275.44 $0 001 $78,275.44 Project Total $78,275.44 -_- $0.00II -- $78,275Ad. Montgomery/E Arlington Heights -100218 Stormwater Capital Projects-52002 $92,180.69 $0.00II $92,180.69I Water and Sewer Capital Projects-56002 $1,930,879.00 $0.00I $1,930,879.00 Stormwater Capital Projects-Bonds-59651 $2,829,883.00 $0.00 $2,829,883.00 Stormwater Capital Project Legacy- 59652 $1,991,666.31 $0.00 $1,991,666.31 Project Total $6,844,609.00 $0.00 $6,844,609.00 Grand Total $22,741,334.44 $277,972.63 $23,019,307,07 2025 Capital Improvement Program as shown in the tables below: Fund Existing Additional Project Total Funding Funding Montgomery Street-Camp Bowie -CO2432 2014 Bond Fund—34014 $8,324,000.00 $277,972.63 $8,601,972.63 Stormwater Capital Projects—52002 $200,000.00 $0.00 $200,000.00 Street Improvements Supplement— $1,000,000.00 $0.00 $1,000,000.00 39406 Street Improvements—39409 $94,450.00 $0.00 $94,450.00 2004 Bond Residuals-39410 $2,544,380.00 $0.00 $2,544,380.00 2008 Bond Residuals-39411 $3,405,620.00 $0.00 $3,405,620.00 Stormwater Capital Projects-59651 $250,000.00 $0.00 $250,000.00 Project Subtotal=$15,818,450.00 $277,972.63 $16,096,422.63 Fund Existing Additional Project Total Funding Funding Montgomery Construction Support-102355 General Capital—30100 $78,275.44 $0.00 $78,275.44 Project Subtotal= $78,275.44 $0.00 $78,275.44 Fund Existing Additional Project Total Funding Funding Montgomery/E Arlington Heights- 100218 Stormwater Capital Projects—52002 $92,180.69 $0.00 $92,180.69 Water and Sewer Capital Projects— $1,930,879.00 $0.00 $1,930,879.00 56002 Stormwater Capital Projects—Bonds $2,829,883.00 $0.00 $2,829,883.00 -59651 FORT WORTH �Ir— City of Fort Worth ACCEPTANCE OF PREVIOUS MBE COMMITMENT FORM (for use with CHANGE ORDERS or AMENDMENTS greater than$50,000) To be Completed by City Project Manager Change Order(for Construction Contract) Project Name: City Project Number CO2432 Montgomery Street/E.Arlington Heights City Project Manager Contractor: Michael Weiss Haydon Building Corp City's MBE Project Goal: 12 Original Amount of Contract: $17,092,000.00 Accepted MBE Commitment: 12 % Total of Previous Change Order: $507,850.78 Date of Last MBE Report: /p—ZaZ0 Amount for this Change Order: $227,972.63 Change Order#: 3 Revised Amount of Contract: $17,827,823.41 Date: 12/4/2020 Language to be inserted in the M&C for this Contract Haydon Building Corp agrees to maintain its initial MBE commitment of 12% that it made on the original contract and extend and maintain that same MBE commitment of 12%to all prior change orders up to and inclusive of this Change Order No. 3. Therefore Haydon Building Corp remains in compliance with the City's BIDE Ordinance and attests to its commitment by its signature on the Acceptance of Previous MBE Commitment form executed by an authorized representative of its company. To be Completed by the Representative of the Contractor Matt Carpenter COO/SVP /f�j�/ /2•l S 2v zo Printed Signature Title Authoirized Signature/Date Haydon Building Corp Company Name Contact Name(if different) 4640 E Cotton Gin Loop mcarpenter@haydonbc.com Address E-mail address Phoenix, AZ 85040 602-296-1496 602-296-1457 City/State/Zip Phone number Fax Number l 2.e 9a as of 10/31/2020 MBE%Paid to Date Date City Project Manager has reviewed the work associated with this Change Order, considers it the same or similar to work in the original Contract, and recommends that the Contractor have the option to retain and confirm its existing MBE commitment. Michael Weiss "/ 1 4� City Project Manager City Project Manager Signature Date CompleteAttach .- Documentation and Forward to MIVVBE office To be Completed by the M/WBE Compliance Staff Adrian Zavala 42328-A1 13.57% M/WBE Compliance Staff lD# MBE Current%Level via Last Report Rec'd 12/16/2020 M/WBE Signature Date