HomeMy WebLinkAboutContract 42521-A1 (2) CITY SECRETARY
CONTRACT NO. Zi
Harley Infrastructure Construction Agreement
Amendment No. 1
WHEREAS, Event Facilities Fort Worth, Inc., ("Developer") and the City of Fort Worth,
("City"), entered into an Infrastructure Construction Agreement (the "ICA")(CS No.
42521) (M&C C-25261) for certain improvements to Harley Avenue including the
realignment of Harley Avenue from Rip Johnson to Montgomery Street and related
drainage improvements (the"Project"); and
WHEREAS, Section I.C. of the ICA stipulates that the Project may be modified as
necessary through the course of construction by written Change Orders; and
WHEREAS, during the course of construction, additional facilities and infrastructure
improvements were identified as being necessary and advantageous to the City and
Developer, including parking system, water and sanitary sewer improvements related to
the realignment of Harley Avenue (the "Amendment"); and
WHEREAS, Developer will continue to engage the services of S.J. Louis Construction of
Texas, LTD as the Contractor to construct the Project; and
WHEREAS, Staff has reviewed the scope, fee, cost allocations and schedule for the
Amendment and find them to be fair and reasonable;
NOW, THEREFORE, KNOW ALL BY THESE 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, water and sanitary
sewer 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.
B. Developer agrees to cause the construction of the improvements contemplated by
this Amendment in accordance with the cost estimates provided in the
Construction Costs attached as Attachment B hereto.
C. City agrees to increase the amount of the reimbursement to the Developer, in
accordance with the payment terms stipulated in the ICA, by$1,872,484.92 for a
modified total construction cost of$10,423,129.72
D. All other terms of the original Infrastructure Construction Agreement not
specifically amended or altered herein remain in full force and effect.
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OFFICIAL RECOTT
RXX
CITY SECRETARY
FT.WORTH,
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:
Event Facilities Fort Worth, Inc.
C
Fernando Costa Mike Groomer
Assistant City Manager President
Date: —— T I,Z Date:
Recommended by:
Program Management Office Trans oA tion & Public Works
Depa ent I
Ail W,
Bry 'n ck,P.E. Dougla . Wiersig, P.E.
S174or 7
apital Projects Officer Director
Approved as to Form &Legality:
24A 4-L C.
G �z . tZ
Douglas W. Black
Assistant City Attorney pq'o4 �p��a
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ATTEST: f''�ba° c �0aMary J.Kay. o �City Secretary as 00000000 a
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
List of Attachments to this Agreement
Attachment A—Amendment Site Plan
Attachment B-Construction Cost Estimate
[follows]
I
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PROPOSED 24" /
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EXTENSION
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ATTACHMENT A
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Attachment B
Construction Cost
Budget Estimate
Item# Description Estimated Cost
Approximately 975 LF of sanitary sewer line south in Montgomery then east
1 to Trail Dr. $ 384,858.92
Approximately 725 LF of 12" & 1,050 LF of 24" waterline extension from
2 Rip Johnson to Gendy $ 400,000.00
Parking system improvements in the "Harley Triangle" including the
upgrading of approximately 16,190 SY of asphalt paving to concrete paving,
an additional 7,248 SY of concrete paving, grading and drainage
3 improvements, and 1,061 LF of ornamental fencing $ 1,087,626.00
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,484.92
M&C Review
I—
Qffidal site • of • •
City Council Agenda FORTWORu
COUNCIL ACTION: Approved on 11/1/2011 - Ordinance Nos. 19962 & 19963 & 19964
06HARLEY
DATE: 11/1/2011 REFERENCE NO.:C-25261 LOG NAME: CONSTRUCTION PHASE
2
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Infrastructure Construction Agreement with Event Facilities Fort
Worth, Inc., in an Amount Not to Exceed $8,550,644.80 for Paving, Storm Drainage, Water and
Sanitary Sewer Improvements Associated with Phase 2 of the Harley Avenue Realignment
Project and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7)
RECOMMENDATION: �.
It is recommended that the City Council:
1. Adopt attached supplemental appropriation ordinance increasing estimated
receipts and appropriations in the Stormwater Utility Fund in the Amount of
$1,143,748.75 and decreasing the unaudited, unreserved, undesignated Stormwater
Utility Fund Balance by the same amount;
2. Authorize transfer of$1,143,748.75 from the Stormwater Utility Fund to the
Stormwater Capital Projects Fund;
3. Adopt attached appropriation ordinance increasing estimated receipts and
appropriations in the Stormwater Capital Projects Fund in the amount of
$1,143,748.75;
4. Authorize transfer of$248,570.50 from the Culture and Tourism Fund to the
Street Improvements Fund for paving, striping and fencing of a portion of the surface
parking system at Will Rogers Memorial Center;
5. Adopt attached appropriation ordinance increasing estimated receipts and
appropriations in the Street Improvements Fund in the amount of$248,570.50; and
6. Authorize execution of an Infrastructure Construction Agreement with Event
Facilities Fort Worth, Inc., in the amount of$8,550,644.80 for paving, storm
drainage, water, and sanitary sewer improvements associated with Phase 2 of the
Harley Avenue Reconstruction Project.
DISCUSSION:
'i
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16134&councildate=ll/l/2011(1 of 3)[04/04/2012 10:48:38 AM]
M&C Review
The Harley Avenue Realignment Project was approved as part of the 2004 Capital
Improvement Program. Since that time, Staff has been working with Event Facilities
Fort Worth, Inc. (EFFW), to advance this project that supports and enhances the
operations of both the Will Rogers Memorial Center and the Southwestern
Exposition and Livestock Show and provides for the first phase of needed drainage
improvements to the East Arlington Heights drainage basin.
In order to advance the Harley Phase 2 project into construction immediately
following the 2012 Southwestern Exposition and Livestock Show, EFFW has offered
to manage the construction as a developer project. Public bids were received on
September 28, 2011. The total project cost is $8,550,644.80 exclusive of two small
right of way parcels that are currently being appraised for acquisition by the City.
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: $2,913,653.50 from the Tarrant County Interlocal Agreement (ILA),
$312,800.00 from the 2004 Capital Improvement Program (CIP), $4,711,547.75 from
the Stormwater Utility, $248,570.50 from Public Events and $364,073.05 from the
Water Department.
The most recent activities include the following City Council actions:
M&C C-24298 (6-22-2010): This action provided for the construction of water,
sewer, paving and drainage improvements in Harley Avenue from University Drive to
Rip Johnson (Harley Phase 1). These improvements supported the construction of
the Multi-Purpose Equestrian Center currently under construction.
M&C G-17104 (11-09-2010): This action approved revisions to the City's Master
Thoroughfare Plan for Harley Avenue between Rip Johnson and Montgomery Street.
This alignment supports the private parking facilities proposed by EFFW 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 the County's support of the
design and construction of Harley Phase 2 (Tarrant County ILA).
M&C C-25071 (07-26-2011): This action approved the execution of a Design
Procurement Agreement with EFFW for engineering design services for Harley
Phase 2.
The developer has agreed to provide for a 15 percent M/WBE commitment in their
Infrastructure Construction Agreement. Execution of the Infrastructure Construction
Agreement will allow the project to proceed to construction in February 2012 and will
provide for monthly reimbursements to the developer based on the degree of project
completion.
Staff will conduct a public meeting for interested parties in January of 2012 before
major construction activities begin.
This project is located in COUNCIL DISTRICT 7 but serves the entire City.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16134&councildate=11/l/2011(2 of 3)[04/04/2012 10:48:38 AM]
M&C Review
The Financial Management Services Director certifies that, upon approval of the
above recommendations and adoption of the attached supplemental appropriation
ordinances, funds will be available in the current capital budgets, as appropriated, of
the Stormwater Capital Projects Fund, the Stormwater Capital Projects Bond 2009
Fund, the Water Capital Projects Fund, the Sewer Capital Projects Fund, the Street
Improvements Fund and the Grants Capital Projects Fund. Upon approval, the
unaudited, unreserved, undesignated fund balance of the Stormwater Utility Fund
will exceed the minimum reserve as outlined in the Financial Management Policy
Statements.
TO Fund/Account/Centers FROM Fund/Account/Centers
1 & 2 1) PE69 538040 0209000 $1,143,748.75
PE69 538040 0209000 $1,143,748.75
4) GG04 538070 0240600 $248,570.50
2 & 3)
P228 476069 207280014383 $1,143,748.75 61 $2,067,799.00
P227 541200 207280014383
3) $1,143,748.75 aP228 541200 207280014383 $2,643,748.75
P228 541200 207280014383
4) $248,570.00 61
C200 472004 207230014383 P265 539140 607140014380 $300,872.65
4 & 5 $248,570.00 aC200 541200 207230014383 $63,200.40
P275 539140 707130014380
61
C200 541200 207230014380 $561,370.50
61 $2,913,653.50
GR74 541200 020422472830
Submitted for City Manager's Fernando Costa (6122)
Office by:
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Kate Beck (7918)
ATTACHMENTS
06HARLEY CONSTRUCTION PHASE 2 Rec1.doc
06HARLEY CONSTRUCTION PHASE 2 Rec3.doc
06HARLEY CONSTRUCTION PHASE 2 Rec5.doc
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1v16L1, meview ra�c 1 ui c
Official site of the City of Fort.Worth,Texas
ITY COUNCILAGENDA FoRTWoRm
COUNCIL ACTION: Approved on 6/12/2012-Ordinance No. 20253-06-2012
DATE: 6/12/2012 REFERENCE NO.: C-25664 LOG NAME: 25HARLEY PH2 ICA
AMEND
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
NO
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
$1,795,958.72 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)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an amendment to the Design Procurement Agreement with Event Facilities Fort
Worth, 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
3. Vacate a portion of Harley Street east of Gendy 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, 2011, (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. This amendment will provide for
reimbursement of the additional design services related to the parking system improvements for the amount
of$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$1,049,974.00.
On November 1, 2011, (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
• .. ,, r , , • ., n rr ./n n n n _•1 1-.- !11 n/n rl 1 n rl 1r /n rl 1 n
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 WRMC for an amount of$1,795,958.92 for construction and$76,526.00 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
($384,858.92).The 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 INFORMATION/CERTIFICATION:
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/Account/Centers FROM Fund/Account/Centers
P275 539140 707130014380 $384,858.92
P265 539140 607140014380 $400,000.00
P249 541200 257060014380 $1,087,626.00
P249 531200 257060014330 $112,374.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Kirk Slaughter(2501)
Additional Information Contact: Kirk Slaughter(2501)
ATTACHMENTS
06VA-011-011 Harley Avenue.doc
VA-011-011.gdf
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