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FIRST AMENDMENT TO CITY SECRETARY
CONTRACT NO. 43762
WHEREAS, on August 21, 2012, the Fort Worth City Council approved M&C C-25798,
which authorized the City Manager to enter into a Design-Build Agreement for Design-Build
Services (the "Agreement") for the design and construction of the Public Safety Training Center
("Facility"); and
WHEREAS, on October 16, 2012 the City of Fort Woi�th ("City") and The Cornell FW
Company, LLC ("Design-Builder"), collectively the ("Pai-ties"), concluded negotiations and
entered into the Agreement, City Secretaiy Contract No. 43762; and
WHEREAS, on October 17, 2012 the City issued a Notice to Proceed to Design-Builder,
which established a Date of Commencement and triggered certain performance schedules under
the Agreement; and
WHEREAS, subsequent to the Notice to Proceed, the Parties engaged in discussions
regarding enhancing the Facility to accommodate the City's Police Depa��tment's additional
requests; and
WHEREAS, the outcome of the additional Facility enhancements discussions have
resulted in additional design and delay costs of $554,704.00 which funds will come from Design-
Builder's contingency fund; and
WHEREAS, certain elements of the Agreement now require amendment; and
WHEREAS, the Parties desire to ainend the Agreement to adjust the IGMP due to the
assumption of duties by the City for materials testing services; and
WHEREAS, the Parties desire to amend the Agreement to extend the Design-Builder's
deadlines for providing a GMP and other specifically identified project completion dates as a
result of the additional Facility enhancements discussions; and
WHEREAS, the Pai�ties desire to ainend the Agreement to provide for additional uses of
the contingency by Design-Builder; and
WHEREAS, the Parties desire to amend the Agreement to address the use of Change
Orders.
NOW, THEREFORE, the Parties, hereby agree as follows:
I.
Contract No. 43762 is hereby amended at the following sections as follows:
a. Section 4.1 Substantial Completion of the Firing Range and exterior of
Warehouse 2 is hereby amended to change the deadline for the Design-Builder
fi•om 6l 3 calendar days after the Date of Coinmencement to 724 calendai• days, an
FIRST AMENDMENT TO DESIGN-BUILD AGREEMENT CSC NO. 43762
Page 1
The Cornell FW Company, LLC — CFW Public
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increase of I 11 days.
b. Section 4.1 Substantial Completion of the remainder of the Construction Work is
hereby amended to change the deadline for the Design-Builder from 766 calendar
days after the Date of Commencement to 877 calendar days, an increase of 111
days.
c. Section 5.1 is amended to reduce the IGMP by $350,000.00, to now be
$97,172,957.
d. Attachment A-10 at Code No. 410 is hereby amended to delete the budgeted
amount for Materials Testing.
e. Section 5.2.1 is hereby amended to change the deadline for the Design-Builder to
submit a GMP Proposal from May 15, 2013 to September 3, 2013, an increase of
111 days.
f. Section 5.2.1.2-7 Contingency is hereby amended to add "design services" to the
list of items found in the second sentence of the paragraph.
g. Section 6.1.8 Design Builder's Fee, the second sentence is hereby amended to
read as follows: "If the collective Worl< is completed in less than 877 calendar
days from the Date of Commencement, the remaining monthly payments in part
(ii), and the part (iii) payment, shall be due at the time of Final Completion."
h. Section 7.2 Change Ordeis, between the third and fourth sentences shall be
inserted: "Unless as otherwise provided herein, change orders which do not
exceed $100,000 may be processed by the City administratively."
i. Section 7.2 Change Orders, the fourth sentence shall be revised to read: "Should a
Change Order result in an adjustment increasing the GMP, alter the intent of the
original scope, or cause the GMP to exceed the IGMP, the PMO Program
Manager shall first seek City Council approval."
II.
Notwithstanding those sections of the Agreement, to the extent they may conflict with
this Amendment No. 1, regarding the use of a Change Order for granting Extensions of Time and
Changes in the Work, the Parties hereby specifically agree that this Amendment No. 1 shall
suffice and be effective to amend the Agreement in lieu of the necessity for a Change Order.
III.
All other terms and conditions of the Contract not amended herein remain unaffected and
in full force and effect, are binding on the Parties and are hereby ratified by the Parties.
SIGNATURE PAGE TO FOLLOW
FIRST AMENDMENT TO DESIGN-BUILD AGREEMENT CSC NO. 43762 Page 2
The Comell FW Company, LLC — CFW Public Safety Training Center
IN WI'I`NESS WHEREOF, the City and the Contractor have each executed this First
Amendment in multiple counterparts by and through each Party's duly authorized signatory.
This First Amendment is effective as of the last date signed by a Party hereto.
The Cori
Design-B
Lee D. �F
PresidPnr
Date:
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City of Fort Worth
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Fernando Costa,
Assistant City Manager
Date: s/Zl�3
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l�andle Harw`�d, Direc�r\
Planning and evelopment
M&C C-25798
Date: 8-21-12
Approved as to Form and Legality:
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Doug as W. Blacic
Assistant City Attorney
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J. Kayser
City Secretaty
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FIRST AMENDMENT TO DESIGN-BUILD AGREEMENT CSC NO. 43762
The Cornell FW Company, LLC — CFW Public Safety Training Center
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M&C Review Page 1 of 3
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Official site oP the City of Fort 4Vorth, Texas
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COUNCIL ACTION: Approved on 8/21/2012 - Ordinance No. 20337-08-2012
DATE:
8/21/2012 REFERENCE C-25798 LOG NAME:
N O..
06PUBLIC SAFETY
TRAINING CENTER
DESIGN BUILD
CODE
SUBJECT
C TYPE: NON- PUBLIC NO
CONSENT HEARING:
Authorize Execution of a Design-Build Contract with The Cornell FW Company, LLC, at a
Guaranteed Maximum Price in the Amount of $97,522,957.00 to Design and Build the New
Public Safety Training Center at a Site Near the Intersection of Hemphill Street and Felix
Street, Authorize Non-Interest Bearing Inter-Fund Loan Between the Solid Waste Fund and
the Public Safety Training Facility Fund in the Amount of $20,522,957.00 and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 9)
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RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a non-interest bearing inter-fund loan from the Solid Waste Fund to the Public Safety Training
Facility Fund in the amount of $20,522,957.00 for interim financing of the new Public Safety Training
Genter;
2. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Public
Safety Training Facility Fund in the amount of $20,522,957.00; and
3. Authorize execution of a Design-Build Contract at a guaranteed maximum price in the amount of
$97,522,957.00 with The Cornell FW Company, LLC, to design and build the new Public Safety Training
Center.
DISCUSSION:
The purpose of this Mayor and Council Communication is to award a Design-Build (D-B) Contract with The
Cornell FW Company, LLC, at a Guaranteed Maximum Price (GMP) amount of $97,522,957.00 for the
design and construction of the new Public Safety Training Center on the property purchased last year from
the federal government through General Services Administration (GSA). It is also necessary to authorize a
non-interest bearing inter-fund loan in the amount of $20,522,957.00 between the Solid Waste Fund and
the Public Safety Training Facility Fund in order to provide interim financing for the project. This is
necessary due to the timing of funds being available from the Crime Control Police District (CCPD) and
from the sale of the Police DepartmenYs headquarters located at 350 Belknap to Tarrant County. The
remaining $77,000,000.00 will come from the sale of Certificates of Obligation expected to occur on or
around August 14, 2012.
The current public safety training center located at 1000 Calvert Street was developed over the past 50
years to train the City's police and fire personnel. Due to its age, limited capacity and functionality, and the
impacts of the bypass channel associated with the Trinity River Vision project, it has become necessary to
replace the current facility. After an in-depth analysis of potential locations, Staff has determined that the
most appropriate location is the Federal Depot property located at 501 West Felix Street in south central
Fort Worth. This location has numerous benefits including good freeway access, central location, proximity
to current City facilities and existing zoning and infrastructure.
Last year, the City acquired the 75 acres of property through GSA at a cost of $6,425,000.00.
On July 26, 2012, the Crime Control Police District (CCPD) was presented with the option of using
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M&C Review Page 2 of 3
$10,000,000.00 in CCPD funding to help pay for the cost of the new training center. Before being able to
commit any funding, however, two public hearings must be held. At its July 26, 2012 meeting, the CCPD
Board of Directors recommended moving forward with the public hearing process. The first hearing is
scheduled for the next CCPD Board meeting on August 30, 2012, followed by the second public hearing at
the September 18, 2012 City Council meeting. The $10,000,000.00 in funding from CCPD will not be
available until after the public hearing process has been completed and the City Council has approved the
use of CCPD funding.
Similarly, the sale of 350 West Belknap requires a formal advertisement process before the sale of 350
West Belknap can be considered by the City Council, which is expected to occur by the end of September
2012. In order to get the Public Safety Training Center project initiated without further delay, Staff
recommends moving forward with the inter-fund loan approach between the Solid Waste Fund and The
Public Safety Training Facility Fund. Timing is critical as the City is expected to have some its new facilities
in place, including the new Firing Range, by the end of December 2013 per the lease Agreement signed
with the Tarrant Regional Water District (M&C L-15268) when the current police/fire training facility was sold
last year.
Regarding the sale of 350 West Belknap, the County has agreed to purchase the City's share of the
building by the end of this fiscal year and has agreed in principle to the price of $13,500,000.00 which is in
line with the City's appraisal. Staff will use $10,522,957.00 of the sale proceeds to reimburse the Solid
Waste Fund while an additional $335,520.00 will be used to pay TPW-Facilities Management for
Construction Administration Services. Because the County wants to begin using some office space and
parking shortly after they purchase the City's share of 350 West Belknap, it will be necessary to temporarily
move some Police staff out of their headquarters. This move will entail some additional costs to make
replacement space ready including IT, parking, and possibly some minor remodeling. It is also expected
that the County will charge a commercial lease rate for the space the City continues to use at 350 West
Belknap. All of these costs will be identified and brought forward as part of the upcoming Mayor and
Council Communication in September that will involve the sale of 350 West Belknap to the County. Lastly,
the Solid Waste Fund will also be reimbursed with the $10,000,000.00 in CCPD funding that is expected to
be approved by the City Council in September.
Due to the ambitious construction schedule, Staff determined that the only viable procurement option was
Design-Build (D-B), which is one of several contracting and delivery procedures for construction projects
authorized by Chapter 2267 of the Texas Government Code. Under a D-B model, the government entity
contracts with a single entity that provides both design and construction services. For projects on a tight
timeline, the D-B procurement method generally results in a quicker, more seamless delivery with fewer
change orders and delays than those typically associated with a traditional design-bid-build method.
The Request for Statements of Qualification (RFQ) from D-B firms opened on January 13, 2012, and was
advertised in the Fort Worth Star-Telegram. A total of 15 teams responded. The selection panel shortlisted
four teams and issued a Request for Proposals to each that included a more detailed scope of
services. Upon receiving their proposals, interviews were held with each of the four teams on April 11,
2012. The selection committee assigned points for each proposer based on experience and qualifications
of the D-B team members, project scheduling, M/WBE participation, understanding of public safety training
centers in terms of their planning and functionality, and ability to finance and costing methodology. Based
on evaluation of the listed performance-based factors, The Cornell FW Company, LLC, received the most
points and was selected as the top ranked D-B firm based on the demonstrated ability to design and build
the Public Safety Training Center.
The Cornell FW Company, LLC, is in compliance with the City's M/WBE Ordinance by committing to 25
percent M/WBE participation on the design phase and 30 percent M/WBE participation on the construction
phase of this D-B Project. This is achieved through the use of a joint venture for design between Komatsu
Architects, a certified M/WBE frm, and Brinkley-Sargent Architects and a second joint venture for
construction between Thos. S. Byrne, Ltd., a certified M/WBE firm, and Ridgemont Commercial
Construction. In addition to the M/WBE joint venture participation, The Cornell FW Company, LLC, has
committed to realize substantive M/WBE participation through the use of additional M/WBE subconsultants
and subcontractors. The City's M/WBE goal on the design phase is 25 percent and on the construction
phase is 30 percent.
This property is located in COUNCIL DISTRICT 9, Mapsco 91 N.
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M&C Review Page 3 of 3
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Public Safety Training Facility Fund.
TO Fund/Account/Centers
1) C236 222064 000000198700 $20,522,957.00
2ZC236 444100 061070198783 $10,522,957.00
FROM Fund/Account/Centers
1) PE64 137236 0000000
3)C236 541200 061070198783
3)C236 541200 061090198783
$20,522,957.00
2� C236 472079 061090198783 $10,000,000.00
2) C236 541,200 061070198783 �.10.522,957.00
2i C236 541200 061090198783 $10.000,000.00
Submitted for City Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Fernando Costa (6122)
Randle Harwood (6101)
Mark Rauscher (2446)
ATTACHMENTS
06PUBLIC SAFETY TRAINING CENTER DESIGN BUILD A012.doc
draft 2012 CO Sale MC.htm
Public Safet�Trainina Center Site MC Map 08 21 12.pptx
$87,522,957.00
$10,000,000.00
http://apps.cfwnet.org/council�acket/mc review.asp?ID=17282&councildate=8/21/2012 5/20/2013