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HomeMy WebLinkAboutContract 55178-A1CSC No. 55178-A1 AMENDMENT No . 1 TO CITY SECRETARY CONTRACT No. 55178 WHEREAS, the City of Fort Worth (CITY) and Downtown Fort Worth Initiatives, Inc., (DFWII) made and entered into City Secretary Contract No. 55718, (the AGREEMENT) which was authorized by M&C 20-0145 on the 7tn day of April, 2020 in the amount of $1,000,000.00; and WHEREAS, the AGREEMENT involves design services for the following project: Heritage and Paddock Park Improvements, CPN CO2471; and WHEREAS, it has become necessary to execute Amendment No. 1 to the AGREEMENT to include an increased scope of work and revised fee. NOW THEREFORE, CITY and DFWII, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT: 1. Section I of the AGREEMENT is amended to include the additional design services specified in proposal attached hereto and incorporated herein. The cost to City for the additional design services to be performed by DFWII, which was authorized by M&C 24-0229 totals $400,000.00. (See Attached Funding Breakdown Sheet, Page -4-) 2. Section III of the CONTRACT is amended to provide for an increase in the fee to be paid to DFWII for all work and services performed under the AGREEMENT, as amended, so that the total fee paid by the City for all work and services shall be an amount up to $1,400,000.00. OFFICIAL RECORD CITY SECRETARY 3. FT. WORTH, TX All other provisions of the Agreement, which are not expressly amended herein, shall remain in full force and effect. City of Fort Worth, Texas Heritage and Paddock Park Improvements License Agreement Amendment Template CO2471 Revision Date: 12/08/2023 Page 1 of 4 EXECUTED and EFFECTIVE as designated Assistant City Manager. APPROVED: City of Fort Worth op(� Jesica McEachern Assistant City Manager DATE: May 31, 2024 a9vopp ATTEST: vaa° �ORt�yo9�d °o ~' °'' o � a� YaonFX b5bg4 Jannette Goodall City Secretary APPROVAL RECOMMENDED: of the date subscribed by the City's KC Richard Zavala Director, Park & Recreation Department Contract Compliance Manager: Downtown Fort Worth Initiatives, Inc. An�Tak (Mav 16.202412:03 CDT) Andrew M. Taft President DATE: May 16, 2024 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. Scott Penn Sr. Capital Projects Officer APPROVED AS TO FORM AND LEGALITY: Douglas Black (May 30, 202411:29 CDT) Douglas W. Black Sr. Assistant City Attorney City of Fort Worth, Texas License Agreement Amendment Template Revision Date: 12/08/2023 Page 2 of 4 M&C No.#: 24-0229 M&C Date: _March 19, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Heritage and Paddock Park Improvements CO2471 City of Fort Worth, Texas Heritage and Paddock Park Improvements License Agreement Amendment Template CO2471 Revision Date: 12/08/2023 Page 3 of 4 FUNDING BREAKDOWN SHEET City Secretary No. 55178 Fund Dept ID Account 34014 0800450 5330500 34014 0800450 5330500 Total: Amendment No. 1 CF2 - Project CF1- Bond ID Activity Reference CO2471 C04930 9999 CO2471 C04930 999 Amount 1,000,000.00 400,000.00 $1,400,000.00 City of Fort Worth, Texas heritage and Paddock Park Tr^.provenents License Agreement Amendment Template CO2L71 Revision Date: 12/08/2023 Page 4 of 4 M 0 to Melissa Konur from Melissa Erikson re Additional Services - Street revised date March 8, 2024 The City has requested additional traffic scope and a 95% street submittal be added to the scope. A verbal authorization has been given to the team to begin the additional 30% scope efforts but a contract modification will be needed as the existing project contingency will not cover the additional 30% effort nor the following street submittals. A summary of the associated scope and the fee follows: 3.1130% CDs Additional Scope Signal design for 6 intersections have been added to the project: • Group A— N. Houston and W. Weatherford, N. Houston and W. Belknap, Commerce and E. Belknap, and Commerce and E. Weatherford • Group B — Main St and Weatherford, Throckmorton and Belknap. DeShazo will research existing conditions and review background information and develop plans and specifications for traffic signal poles, detectors, conduit runs, wiring, and signal head types and locations; and for street light poles, conduit runs, wiring, and light types and locations. The MIG team will update the project schedule and the previous 30% set to incorporate DeShazo's traffic study and changes related to traffic signalization and changes to the LOW/project. After City and DFWI review of the revised 30% streetscape plans, the MIG team will also respond to consolidated review comments to be included with the City's submittal of 30% drawings to TxDOT; drawings will not be revised based on the resubmittal comments prior to TxDOT submittal. Tasks 3.2 60%, 3.4 90%, and 3.5 100% are updated to now include the above traffic signal and street lighting scope incorporation. 3.7 95% CDs Construction Documents [new task, to be completed sequentially] Upon approval of the 90% plans and written authorization, the MIG Team will prepare 95% construction plans as follows: PLANNING I DESIGN I COMMUNICATIONS I M A N A G E M E N T I SCIENCEI TECHNOLOGY 815 SW 2nd Avenue, Suite 200 • Portland, OR 97204 • USA • 503-297-1005 FAX 503-297-3195 • www.migcom.com Offices in: California • Colorado • Oregon • Texas Washington • Final draft construction plans (95%), including iSWM Construction Plan and specifications shall be submitted to the City per the approved Project Schedule. • Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • The MIG Team shall submit 95% documents to the City. Each plan sheet shall be stamped, dated, and signed by the associated professional registered in the State of Texas. • Prepare Erosion Control and submit as part of the Grading permit submission. The Urban Forestry Plans are the landscape plans. It is assumed that: • PDFs of drawings and specifications will be delivered for each package and uploaded to the project folder in eBuilder. • Team fee does not include associated reimbursable expenses such as copies/prints; courier or reproduction services; mileage/parking; travel/lodging/meals; etc. These will be billed at Net Cost x 1.15. Fee: The following table outlines the associated efforts with the above scope changes based on ongoing conversations. For MIG, HZ, and KGM, fee is included for efforts above the existing contracted scope amount based on additional submittals and the addition of traffic signalization (30% and new 95%) and for the additional coordination related to traffic signalization in the 60% and 90% submittals. Cost estimator (Construction Cost Management, Inc — CCM) has been added to the team as noted. Combined add services totals $340,499. This exceeds our existing contingency so a contract modification will be needed; see the second table for additional information on contingency use to date. MIG. Inc. Contingency: 03-06-2024 STREET ADDITIONAL WORK MIG HZ KGM CCM (cost estimators) DeShazo 30% Street Additional Scope - package and PM $15,000 $31,000 $19,650 $35,500 Research and Background Info $1,500 Traffic Design A Intersections $20,000 Traffic Design B Intersections $8,000 Coord on Agency Communications $6,000 60% submittal package and PM $3,000 $2,750 $17,932 $63,000 Traffic Design A Intersections $40,000 Traffic Design B Intersections $20,000 Coord on Agency Communications $3,000 90% submittal package and PM $3,000 $2,750 $10,178 $45,000 Traffic Design A Intersections $30,000 Traffic Design B Intersections $12,000 Coord on Agency Communications $3,000 95% NEW submittal package and PM $13,175 $8,250 $3,000 $8,564 $21,000 Traffic Design A Intersections $12,000 Traffic Design B Intersections $6,000 Coord on Agency Communications $3,000 100% submittal package and PM $3,000 $2,750 $14,000 Traffic Design A Intersections $10,000 Traffic Design B Intersections $4,000 Intersection Lighting Design $18,000 $37,175 $47,500 $3,000 $56,324 $196,500 GRAND TOTAL $340,499 MIG, Inc. 3 The following summarizes contingency use to date and the need for additional contingency to address the 30% set (along with future submittals). MIG Contract Budget Invoiced to Date Balance Remaining Contingency Available Parks Contingency $ 227,218.00 $60,459.59 $ 166,758.41 $ 166,758.41 Subtotal $ 876,413.00 $ 295,444.33 $ 580,968.67 Street Contingency $ 171,538.00 $81,315.59 $ 90,222.41 $ 90,222.41 Subtotal $ 612,587.00 $ 255,697.34 $ 356,889.66 Total $ 1,489,000.00 $ 256,980.82 Contingency Authorized And Invoiced Above Park Contingency Street Contingency Park - additional Sundance Square stakeholder mtg Invoiced 6/2021 $ 1,610.00 $1,610.00 $ - $1,610.00 Park - sketch and grading studies of Canopy Walk and Hinge Invoiced 1/3/2022 $ 3,903.75 $3,903.7S $ $3,903.75 Park- Charles Birnbaum Invoiced 4/8/2022 $ 1,218.75 $1,218.7S $ $1,218.75 Park - site visit Invoiced 7/1/2022 $ 9,66S.59 $9,665.59 $ $9,665.59 Street -site visit Invoiced 7/1/2022 $ 9,193.09 $9,193.09 $ $9,193.09 Street- supplement survey Invoiced 9/30/2022 $ 1,357.50 $1,357.50 $ $1,357.50 Park -Charles Birnbaum review Invoiced 9/30/2022 $ 2,482.50 $2,482.50 $ $2,482.50 Street- supplement survey Invoiced 10/26/2022 $ 2,400.00 $2,400.00 $ $2,400.00 Street- supplement survey Invoiced 4/5/2023 $ 2,400.00 $2,400.00 $ $2,400.00 Street - SUE Invoiced 5/30/2023 $ 4,750.00 $4,750.00 $ $4,750.00 Street -traffic study Invoiced 8/21/2023 $ 20,700.00 $20,700.00 $ $20,700.00 Street - SUE Invoiced 8/24/2023 $ 24,850.00 $24,850.00 $ $24,850.00 Park- additional renderings Invoiced 10/16/2023 $ 5,074.00 $5,074.00 $ $5,074.00 geotech ($33,825 park, $5850 street) Invoiced 10/16/2023 $ 33,825.00 $33,825.001 $ $33,825.00 geotech ($33,825 park, $5850 street) Invoiced 10/16/2023 $ 5,850.00 $5,850.00 $ $5,850.00 Park- additional renderings Invoiced 3/8/2024 $ 2,365.00 $2,365.00 $ $2,365.00 Park -CFW E-Builder training Invoiced 3/8/2024 $315 $315.00 $ $315.00 Street -remaining traffic study Invoiced 3/8/2024 $ 9,500.00 $9,500.00 $ $9,500.00 Street -CFW E-Builder training Invoiced 3/8/2024 1 $315 $315.00 $ $315.00 Subtotal $ 141,775.18 $60,459.591 $81,315.59 Contingency Authorized But Not Yet Invoiced Remaining Contingency Street -remaining SUE work Park -TxDOT training Subtotal Contingency Needs* Remaining Contingency Park Contingency Street Contingency $ 166,758.41 $ 90,222.41 Park Contingency Street Contingency $ 164,238.41 $ 65,622.41 Additional Studies Requested 30% street additional scope 1 $ 101,150.00 $ (35,527.59) 60%street submittal additional coord, traffic, and cost $ 86,682.00 $ (122,209.59) 90%street submittal additional coord,traffic, cost est $ 60,928.00 $ (183,137.59) 95% street submittal -all $ 53,989.00 $ (237,126.59) 100%street submittal addtl coord, traffic $ 19,750.00 $ (256,876.59) MIG. Inc. 0 MA April 23, 2024 Attn: Scott Penn Parks and Recreation City of Fort Worth Fort Worth, TX 76196 Dear Scott: Downtown Fort Worth, Inc. Please accept this letter as a request to allocate the remaining amount of the 2014 City Bond allocation to the Heritage and Paddock Park project for the additional signal work for the pedestrian streetscape improvements. This additional request for approximately $400K is to offset the request for new signals at Belknap and Weatherford Streets between Commerce and Throckmorton Streets. We appreciate the City's partnership with the Heritage and Paddock Park project. Sincerely, Mel;ssa Konur Planning Director Cc: Andy Taft, Brandi Ervin 777 Taylor Street, Suite 100 1 Fort Worth, TX 1 76102 1 817-870-1692 1 dfwi.org 4/8/24, 8:49 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 3/19/2024 REFERENCE NO.. CODE: C TYPE Official site of the City of Fort Worth, Texas FORTWORTIl **M&C 24- LOG NAME: 80DFWI AMENDMENT 1 - 0229 HERITAGE DESIGN WORK CONSENT PUBLIC NO NO SUBJECT: (CD 9) Authorize the Execution of Amendment No. 1 to a License Agreement with Downtown Fort Worth Initiatives, Inc., City Secretary No. 55178, for Additional Design Related Costs Associated with the Heritage and Paddock Park Development in the Amount of $400,000.00 (2014 Bond) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 1 to a License Agreement with Downtown Fort Worth Initiatives, Inc., City Secretary No. 55178, for additional design related costs associated with the Heritage and Paddock Park development in the amount of $400,000.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of Amendment No. 1 to City Secretary Contract (CSC) No. 55178 with Downtown Fort Worth Initiatives, Inc. (DFWII), in the amount of $400,000.00 for additional design services related to the Heritage and Paddock Park Improvements. Heritage Park, established in 1975, is a Lawrence Halprin design and is located on the bluff overlooking the confluence of the Clear and West Forks of the Trinity River. The park was closed in 2007 due to concerns regarding condition and safety. In response to a community effort led by Ruth Carter Stevenson to reopen the Plaza in 2009, the City Council adopted a resolution expressing the intent to collaborate with a variety of public and private partners in formulating schematic design recommendations for the restoration and improvement of Heritage Plaza and; and, as financial resources permit, in implementing such recommendations. (Resolution No. 3768-07-2009). On May 17, 2011, Informal Report 9384 provided the Council an update on efforts by City staff, in cooperation with various stakeholders represented on the Heritage Park Steering Committee, to restore Heritage Plaza. In that report, Council was updated on necessary steps leading to the restoration of Heritage Plaza. Since May 2011, City staff and DFWII, through a series of License Agreements (City Secretary Contract Nos. 42630 and 45260), have overseen the completion of a series of preliminary studies and analyses intended to inform final design for the restoration of Heritage Plaza. During this time, DFWII engaged in private fundraising efforts to provide funding for the final design of the improvements. The private financial contributions to the project to date total $1,070,000.00. In 2013, DFWII issued a Request for Proposal (RFP) for final design and selected a partnership of Studio Outside and Bennett, Benner and Partners to lead this effort. The 2014 Bond Program included $1.5 million for design work for the restoration of Heritage Plaza. The full amount of Heritage Park bond authorization was appropriated in September of 2015 (Ordinance 21920-09-2015). On June 17, 2015, by Resolution No. 2015-6, TIF No. 3 authorized funding for the renovations in an amount up to $1,000,000.00, given to DFWII for assistance in administering the design contract. On August 18, 2015 the City and DFWII entered into a License Agreement (City Secretary Contract No. 46944) to provide DFWII and its consultant with access to Heritage Plaza for the purpose of preparing design and construction documents. In October 2015, the City Council authorized an amendment to that agreement, waived permitting and construction related fees, and apps.cfwnet.org/counciI_packet/mc_review.asp?ID=31936&counciIdate=3/19/2024 1/3 4/8/24, 8:49 AM M&C Review authorized use of the 2014 Bond Funds toward the restoration costs (M&C G-18595; CSC 49644- A1). Although bond funds were approved for use, they were not expended, and the agreement regarding their potential use has expired. Since 2015, design and construction documents have been secured for the restoration of the plaza; however, during this phase it was determined that future success must include integral improvements to increase and provide improved access to and within Heritage Park. From 2016 to 2019, DFWII explored options to increase and improve access to Heritage Park, to better connect it with the adjacent Paddock Park, and to make the parks more user-friendly. Preliminary concepts include the following: Improve pedestrian and vehicular access around Tarrant County Courthouse and North Main Street; Strengthen the visual and physical connection between Heritage Plaza and Tarrant County Courthouse via Paddock Park; Improve access from Heritage Park Plaza to the Trinity River via a grand stair case and accessible tree canopy walk; and, Strengthen the connection between Heritage Park, Sundance Square, General Worth Square, and the Fort Worth Water Gardens via Houston Street. Over the past year, DFWII has explored funding options for these preliminary design concepts and has determined that funding will come from a combination of private and public sources. Feedback from private donors indicated overall support but a need for more specific information on project sequencing, timing, and cost. The $1,000,000.00 of 2014 Bond Program funding was identified for "Heritage Park Redevelopment" and will be used to match private dollars to pay a qualified design team to produce conceptual design documents through an extensive public engagement process, develop reliable construction cost estimates, and produce greater detail on timing and sequencing. The design costs will be capitalized as part of the completed construction project and are therefore eligible expenditures of bond funds. On April 7, 2020 (M&C 20-0145) Council authorized execution of a license agreement (City Secretary No. 55178) with Downtown Fort Worth Initiatives, Inc. (DFWII) for access to Heritage and Paddock Parks, related records, and to procure design services for Heritage Park Redevelopment. The Agreement provides for City funding toward design costs in the amount of $1,000,000.00 from the 2014 Bond Program. DFWII, with the support of the private funding partners, will match the public contribution and procure design services through a public notice. DWFII will charge a 3\% administrative fee which will be paid by the privately contributed funds. In February 2021 DFWII entered into a professional services agreement with Moore, lacofano, and Goltsman, Inc. (MIG), in the amount of $1,489,001.00, for a project generally described as Heritage Park and Paddock Park Improvements and Associated Pedestrian and Streetscape Improvements. By approving this M&C, the City Council will determine that the design and construction documents for Heritage and Paddock Parks, along with the design for enhancements along the street frontages of both parks, align with the objectives of the Heritage Park Redevelopment project as outlined in the bond booklet and ratified by voters in 2014. The project is located in COUNCIL DISTRICT 9 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, of the 2014 Bond Program Fund for the Heritage Park project to support approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity ID ID FROM Fund Department Account Project Program Activity ID ID Budget Reference # Amount Year (Chartfield 2) Budget Reference # Amount Year (Chartfield 2) apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31936&counci (date=3/19/2024 2/3 4/8/24, 8:49 AM M&C Review Submitted for Citv Manaqer's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Jesica L. McEachern (5804) Dave Lewis (5711) Scott Penn (5750) 1295 - DFWI 2-7-24.pdf (CFW Internal) 80DFWI AMENDMENT 1 - HERITAGE DESIGN WORK funds availabilitv.pdf (CFW Internal) 80DFWI Amendment 1 - Heritaae Desian Work.xlsx (CFW Internal) Canopy Walk concept image - including forecourt.pdf (CFW Internal) apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31936&counci ddate=3/19/2024 3/3