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HomeMy WebLinkAbout056504-R1 - Construction-Related - Contract - The Fain Group, Inc. nka The Fain Group LLCCSC No. 56504-R1 FIRST RENEWAL TO CITY SECRETARY CONTRACT NO.56504 WHEREAS, the City of Fort Worth ("City") and The Fain Group, Inc, N/K/A The Fain Group LLC ("Contractor"), collectively the ("Parties"), made and entered into City Secretary Contract No. 56504 (M&C 21-0524, August 3, 2021) (the "Contract") for the construction contract of Stormwater Hazardous Road Overtopping Mitigation Safety and Closure Improvements Citywide Programmable project (City Project No. P00120); and WHEREAS funds for the original Contract have been expended or programmed; and WHEREAS the Contract may be renewed up to two times as per M&C 21-0524; NOW, THEREFORE, the Parties, hereby agree as follows: I. a. The Contract is hereby renewed in the amount up to $2,000,000.00 at the same terms, conditions, and unit prices as originally contracted, thus creating a new "original term" for purposes of Article III. b. Work Orders will be issued and remain contingent upon the availability of funds and the availability of the contractor. II. All other terms and conditions of the Contract remain unaffected and in full force and effect. IN WITNESS WHEREOF, the City and the Contractor have each executed this renewal by and through each Parry's duly authorized signatory, effective as of the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 04/26/2026 BY: The Fain Group, LLC 1411, Larry Fra er (Apr 13, 2026 08:07:29 CDT) Larry Frazier President Date: 04/13/2026 CONTRACT RENEWAL CSC. 55394 Page 1 SW HROM Safety and Closure Improvements, Citywide Project No. 103044 APPROVAL RECOMMENDED: Y: Lauren Prieur (Apr 22, 2026 14:40:55 CDT) Lauren Prieur Director, TPW Contract Compliance Manager: By signing, I acknowledge that I am responsible for monitoring and administering this contract, including ensuring all performance and reporting requirements. Jane Weidmer Project Manager APPROVED AS TO FORM AND LEGALITY wl� By: Douglas Black (Apr 24, 2026 11:20:39 CDT) Douglas W. Black Sr. Assistant City Attorney ATTEST: Jannette S. Goodall City Secretary Form 1295 No.: 2025-1400337 M&C No.: 21-05 M&C Date: 08/03/2021 CONTRACT RENEWAL CSC. 55394 Page 2 SW HROM Safety and Closure Improvements, Citywide Project No. 103044 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/03/21 M&C FILE NUMBER: M&C 21-0524 LOG NAME: 20SWM HROM SAFETY AND CLOSURE IMPROVEMENTS CONSTRUCTION SUBJECT (ALL) Authorize Execution of a Contract with The Fain Group, Inc. in the Amount of $2,000,000.00 for the Construction of Stormwater Hazardous Road Overtopping Mitigation Safety and Closure Improvements Citywide Project RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with The Fain Group, Inc. in the amount of $2,000,000.00 for the construction of Stormwater Hazardous Road Overtopping Mitigation Safety and Closure Improvements Citywide Programmable project (City Project No. P00120) with the option to renew the contract up to two times. DISCUSSION: This Mayor and Council Communication (M&C) is to provide for a work order based, unit price construction contract for high priority citywide Hazardous Road Overtopping Mitigation (HROM) safety or closure improvement projects to better protect drivers from life -threatening road flooding. These projects may involve safety improvements such as guardrails, lighting, signage, and road markings at a stream crossing or low- lying area of a road. In some cases, the closure of a road based on recommendations from an engineering analysis and considering feedback from City staff and community members may be the preferred alternative for mitigating the risk. These safety improvement projects will not reduce road flooding but will better protect the life safety of drivers through better warning of roadway flood risks or the closure of the section of road subject to hazardous flooding. The price of each work order will be based on the unit prices bid. The cumulative amount of all work order tasks in the initial term of this contract is expected to be $2,000,000.00, funded from both 2020 Stormwater Revenue Bonds and Stormwater Capital Projects Funds. The bid amounts cited below were based on hypothetical quantities for the purpose of establishing unit prices for each work item. Actual payments will be made based on actual measured quantities at those bid prices. Funding will be verified individually for each work order task prior to its release. This contract may be renewed up to two times at the City's sole discretion. The term of the contract, inclusive of any renewals, will not exceed five years. This project was advertised for bid in the Fort Worth Star -Telegram on April 15, 2021 and April 22, 2021. On May 13, 2021, two responses were received as follows: Bidders Bid Amount The Fain Group, Inc. $3,037,379.57 Fort Worth Civil Constructors, LLC $3,588,700.00 Business Equity - THE FAIN GROUP, INC., is in compliance with the City's Business Equity Ordinance by committing to 14% Business Equity participation on this project. The City's Business Equity goal on this project is 14%. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Stormwater Capital Projects Fund for future identified task order projects related to the SW Hazardous Rd Overtopping programmable project to support the approval of the above recommendation and execution of the construction contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Linda Young 2485 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1 - 4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2025-1400337 The Fain Group LLC. Fort Worth, TX United States Date Filed: 12/15/2025 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 21-0524 SW HROM Safety and Closure Improvements City Project No. P00120 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary The Fain Group LLC., Larry Frazier Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 LINSWORN DECLARATION My name is Larry Frazier and my date of birth is My address is 2500 Great Southwest Parkway Fort Worth TX 76106 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 15th day of December 20 25 (month) (year) ignatur f au horized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission I'".ethP.state.tx.us Version V4.1.0.22701b2a FORT WORTH., CITY OF FORT WORTH CONTRACT RENEWAL NOTICE April 9, 2026 The Fain Group, Inc., N/K/A The Fain Group LLC Attn: Larry Frazier, President P.O. Box 164308 Fort Worth, TX 76161 Re: Contract Renewal Notice- First Renewal SW HROM Safety and Closure Improvements Contract CSC No. 56504 M&C 21-0524 August 3, 2021 Original Contract Amount: $2,000,000.00 The above -mentioned contract with the City of Fort Worth, as renewed, expires with the expenditure of funds. The funds for the contract have been expanded or programmed. This letter is to inform you that the City has appropriated funding and is exercising its right to renew the contract in total contract amount, which will be effective upon execution by the designed Assistant City Manager. All other terms and conditions of the contract remain unchanged. Please sign in the space indicated below and return this document, along with a copy of your current insurance certificate, to the undersigned. Please log onto Peoplesoft Purchasing at http://fortworthtexas.gov/purchasing to ensure that your company information is correct and up to date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Thanaa Maksimos, PE, CFM Stormwater Capital Delivery Sr. Professional Engineer (817) 392-2485 Transportation and Public Works Stormwater Capital Delivery City of Fort Worth • 100 Fort Worth Trail, Fort Worth, TX 76102 817-392-0000 • FAX 817-392-0000 FORT WORTH:,, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: First Renewal to CSC No. 56504-R1 M&C: 21-0524 CPN: P00120 CSO: 56504 DOC#: Date: To: Name Department Initials Date Out l Larry Frazier — Signature (lfrazier@faingp.com) Engineer �4 LF 04/13/2026 2. Jane Weidmer - Signature TPW Project Mgr. j- 04/13/2026 3. Thanaa Maksimos — Review TPW Program Mgr. TIP, 04/14/2026 4. Lissette Acevedo — Review TPW Sr. CPO A 04/16/2026 5. Patricia Wadsack - Review TPW Asst. Dir. PLW 04/21/2026 6. Lauren Prieur - Signature TPW Dir. ,1� 04/22/2026 7. Doug Black -Signature Legal , 04/24/2026 8. Jesica McEachern - Signature CMO 04/26/2026 9. Katherine Cenicola - Review CSO cc 04/27/2026 10. Jannette Goodall - Signature CSO 04/27/2026 11. Allison Tidwell - Review CSO .dam IT 04/27/2026 12. TPW—SW—Contracts TPW SW CC: Program Manager — Thanaa Maksimos, Sr. CPO — Lissette Acevedo, TPW BSPAP Recon Team — Cindy Sengathith DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: [—]YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: tpw sw contracts(&fortworthtexas.gov Call 817-229-3283 with questions. Thank you! FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: The Fain Group, Inc., N/K/A The Fain Group LLC Subject of the Agreement: The first contract renewal of the construction contract for the SW HROM Safety and Closure Improvements (City Project No. P00120) M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: Ifapplicable. P00120 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ® No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.