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HomeMy WebLinkAboutContract 56226-A2CSC No. 56226-A2 AMENDMENT No.2 TO CITY SECRETARY CONTRACT No. 56226 WHEREAS, the City of Fort Worth (CITY) and The Fain Group, Inc., (CMAR) made and entered into City Secretary Contract No. 56226, (the CONTRACT) which was authorized by M&C 21-0221 on the 23rd day of March, 2021 for preconstruction services in the amount of $2 5,000.00 and construction services in the estimated amount of$ 1,800,000.00, inclusive of the CMAR' s construction phase fee of 4% of the Cost of Work; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $505,287.10 which was authorized by M&C # 23-0133 on February 14, 2023; Change Order Number 1 in the amount of $95,229.79 which was administratively authorized on November 6, 2023; and WHEREAS, the CONTRACT involves a CMAR service for the following project: Northwest Community Park North Road, CPN 102749; and WHEREAS, pursuant to Article 4 of the Contract, the parties desire to execute Amendment No. 2 to the CONTRACT to revise the Guaranteed Maximum Price (GMP) for the construction phase of the Project; NOW THEREFORE, CITY and CMAR, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT: 1. The construction budget is amended to be increased in the amount of $109,448.84, thereby increasing it from $2,400,516.89 to $2,509,965.73; and (See attached Breakdown Sheet, Page -4-) 2. The GMP for construction of the Project shall be the amount not to exceed $2,509,965.73, inclusive of the CMAR' s 4% fee. The GMP proposal attached hereto is within the project budget and the Staff finds that the fees and costs are fair and reasonable for the work proposed. City of Fort Worth, Texas CMAR Agreement Amendment Template Page 1 of 4 Northwest Community Park North Road 102749 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. APPROVED: City of Fort Worth Dana Burghdoff Assistant City Manager DATE: 09/23/2025 ATTEST: Jannette Goodall City Secretary APPROVAL RECOMMENDED: Dave Lewis Director, Park & Recreation Department City of Fort Worth, Texas CMAR Agreement Amendment Template Page 2 of 4 SP SP CMAR The Fain Group, Inc. Larry Frazier President DATE: 09/10/2025 Northwest Community Park North Road 102749 Contract Compliance Manager: 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. �� \� Jing Yang Landscape Architect Manager APPROVED AS TO FORM AND LEGALITY: �.�JrG Douglas Black (Sep 23, 202513:4526 CDT) M&C No#: 25-0741 M&C Date: 08/12/2025 Douglas W. Black Sr. Assistant City Attorney City of Fort Worth, Texas CMAR Agreement Amendment Template Northwest Community Park North Road 102749 Page 3 of 4 FUNDING BREAKDOWN SHEET City Secretary No. 56226 Amendment No. 2 Project CF1- CF2 - Fund Dept ID Account Bond Amount ID Activity Reference 30100 0800450 5740010 102749 003780 85,730.91 33002 0800450 5740010 102749 003780 23,717.93 Total: $109,448.84 City of Fort Worth, Texas CMAR Agreement Amendment Template Northwest Community Park North Road 102749 Page 9 of 4 8/19/25, 4:20 PM CITY COUNCIL AGENDA Create New From This M8�C DATE: 8/12/2025 REFERENCE **M&C 25- NO.: 0741 CODE: C TYPE: CONSENT M&C Review FflRT �'�ORTI I -��- LOG NAME: PUBLIC HEARING: 80NORTHWEST COMMUNITY PARK NORTH RD AMDT 2 NO SUBJECT: (CD 10) Authorize Execution of Amendment No. 2, in the Amount of $109,448.84, with The Fain Group, Inc., for the Northwest Community Park North Road Project, Revising the Guaranteed Maximum Price to $2,509,965.73 RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 2, in the amount of $109,448.84 to City Secretary Contract No. 56226, with The Fain Group, Inc., for the Northwest Community Park North Road project (City Project No. 102749), revising the guaranteed maximum price to $2,509,965.73. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of Amendment No. 2, in the amount of $109,448.84 to City Secretary Contract No. 56226, with The Fain Group, Inc., for the Northwest Community Park North Road project, revising the Guaranteed Maximum Price (GMP) to $2,509,965.73. On March 23, 2021, via M&C 21-0221, the City Council authorized a Construction Manager at Risk (CMAR) agreement with The Fain Group, Inc., with a Pre-construction Phase Services Fee in the amount of $25,000.00 and a Construction Phase Services Fee of four percent (4\%) of the GMP within a project construction budget of $1,800,000.00. On February 14, 2023, via M&C 23-0133, the City Council authorized Amendment No. 1 in the amount of $505,287.10 to address higher than anticipated construction costs based on final engineering plans and additional site lighting. On November 6, 2023, Change Order No. 1 was administratively executed in the amount of $95,229.79 for additional stormwater pipes and curb inlet at the Harmond Road connection. Change Order No. 1 increased the GMP to $2,400,516.89 and added 30 calendar days to the contract time, increasing the total construction days to 275. This Amendment No. 2, in the amount of $109,448.84, accounts for project delays and field modifications as a result of connecting to Blue Mound Road FM 156 which was being reconstructed by TxDOT at the same time. Amendment No. 2 increases the GMP to $2,509,965.73. Funding for this amendment is budgeted in the General Capital Project and PARD Gas Lease Capital Project Funds for the Park & Recreation Department for the purpose of funding the Northwest Community Park North Road project, as appropriated. The table below summarizes project CMAR contract amount: Contract Amount CMAR Construction ContractAmount $1,800,000.00 CMAR Construction Amendment No. 1 CMAR Construction Change Order No. 1 CMAR Construction Amendment No. 2 Total construction contract Amount I $505,287.10 � $95,229.79 � $109,448.84 $2,509,965.73 The Northwest Community Park North Road project is located in COUNCIL DISTRICT 10. apps.cfwnet.org/council_packet/mc review.asp?ID=33601&councildate=8/12/2025 1/2 8/19/25, 4:20 PM FISCAL INFORMATION/CERTIFICATION: M&C Review The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects and PARD Gas Lease Capital Project Funds for the Northwest Park North Road project to support the approval of the above recommendation and execution of the change order. Prior to any expenditure being incurred, the Park and Recreation Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Program I Activity I Budget Year Dana Burghdoff (8018) Dave Lewis (5717) Joel McElhany (5745) Reference # I Amount Chartfield 21 102749 CO 2 FID.XLSX (CFW Internal) 80NORTHWEST COMMUNITY PARK NORTH RD CO2 funds availability,pdf (CFW Internal) Form 1295 Certificate 101400758 - Signed.pdf (CFW Internal) SITE LOCATION - MAP.PDF (Public) apps.cfwnet.org/council_packet/mc review.asp?ID=33601&councildate=8/12/2025 2/2