M&C Review


COUNCIL ACTION:  Approved on 5/14/2019 

DATE: 5/14/2019 REFERENCE NO.: **C-29125 LOG NAME: 80ALLIANCE PARK I & II - CMAR CONTRACT
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT:  

Authorize Execution of a Construction Manager at Risk Agreement with The Fain Group, Inc., for the Alliance Park Phase I & II Project with a Preconstruction Phase Services Fee in the Amount of $25,000.00 and a Construction Phase Services Fee of Seven Percent (7%) of the Guaranteed Maximum Price within a Project Construction Budget of $5,000,000.00. (2014 Bond Program) (2018 Bond Program) (COUNCIL DISTRICT 7)


RECOMMENDATION:

It is recommended that the City Council authorize execution of a Construction Manager at Risk (CMAR) Agreement with The Fain Group, Inc., for the Alliance Park Phase I & II Project with a preconstruction phase services fee in the amount of $25,000.00 and a construction phase services fee of seven percent (7%) of the Guaranteed Maximum Price (GMP) within a project construction budget of $5,000,000.00.

 
DISCUSSION:

The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a CMAR agreement with The Fain Group, Inc., for the Alliance Park Phase I & II Project with a preconstruction phase services fee in the amount of $25,000.00 and a construction phase services fee of 7% of the GMP within a project construction budget of $5,000,000.00. The total overall project budget is $7,310,000.00 which will include the City's contingency, land acquisition, project administration, inspection, testing, utility connections, design and construction. The project scope includes the installation of soccer fields, underground utilities, vehicular and pedestrian pavement, a playground and park amenities. The project is being funded through the City's 2014 Bond Program, 2018 Bond Program, Park Dedication Fees Fund, PARD Gas Lease Capital Project Funds, and Texas Parks and Wildlife Grants. The budget will cover all costs associated with constructing infrastructure required to support the project.

Design Services:

On March 20, 2018 (M&C C-28635), the City Council authorized a Standard Agreement for Engineering Services with Freese and Nichols, Inc. (FNI), in the amount of $623,793.00 to develop design and construction documents for the improvements of Alliance Park Phase I & II. Due to factors of budget and grant schedules, City staff determined that utilizing a CMAR method of project delivery would best assist the progression of the project. By engaging a CMAR early in the project schedule the overall project delivery time can be reduced.

CMAR Selection:

A Request for Proposals for a CMAR was advertised in the Fort Worth Star-Telegram on October 11 and 18, 2018. A pre-proposal meeting and site tour was held October 25, 2018. The City received 3 proposals on December 6, 2018 from the contractors listed below:

• AUI Partners, LLC
• The Fain Group, Inc.
• Thalle Construction Company, Inc.

A selection team, comprised of representatives of the Park & Recreation Department and the Transportation and Public Works Department reviewed and scored the submittals. The selection team reviewed the proposers' (a) corporate experience & financial stability, (b) pre-construction services fee, (c) qualifications and experience of key personnel, (d) pre-construction services approach, (e) construction services approach, (f) QA/QC and safety plan approach, (g) cost and schedule controls,  (h) compliance with Business Diversity Enterprise Ordinance, and (i) special consideration for successful CMAR services contracts. The individual scores were averaged for the final scores listed in the following table.

Proposers

Evaluation Factors

a

b

c

d

e

f

g

h

i

Totals

Rank

The Fain Group, Inc.

94

98

96

68

62

20

65

25

49

577

1

AUI Partners, LLC

82

86

101

71

72

24

60.5

25

40

561.5

2

Thalle Construction Company, Inc.

88

50

78

47.5

62

15

35

25

30

430.5

3

Staff recommends that the City Council authorize execution of a CMAR Construction Contract with The Fain Group, Inc., for development and construction of Alliance Park I & II.

This project is being funded by 2014 CIP Partnership Funds, Park Dedication Fees Funds, a 2016 Texas Parks and Wildlife Grant, PARD Gas Lease Funds, 2018 Bond Program, and a 2018 Texas Park and Wildlife Grant as shown in the following table:

Fund

M&C

Amount

2014 CIP Partnership Funds

G-18337

$1,000,000.00

Park Dedication Fees Funds

G-18721

$1,250,000.00

2016 TPWD Urban Outdoor Recreation Grant

G-19203

$1,000,000.00

PARD Gas Lease Capital Projects Fund

G-18848

$60,000.00

2018 Bond Program

-

$3,000,000.00

2018 TPWD Urban Outdoor Recreation Grant

G-19365

$1,000,000.00

TOTAL FUNDING

$7,310,000.00


A portion of this project will include 2014 Bond Funds. Available resources within the General Fund will  be used to provide interim financing for the 2014 Bond Program expenses until debt is issued. Once debt  associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the  statement expressing official Intent to Reimburse which was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014) and subsequent ordinances authorizing the issuance of  the debt.
A portion of this project will include 2018 Bond Funds. Available resources within the General Fund will be used to provide interim financing for expenditures incurred on projects within the 2018 Bond Program until debt is issued. Once debt associated with these projects is sold, bond proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance approving the bond election and authorizing the appropriation of funds.

Schedule – Pre-Construction services will commence upon award of this contract and issuance of a Notice to Proceed. Construction services for Alliance Park Phases I & II will begin early summer 2019. Both phases are projected to be completed by July 2021.

Fees – Because this work will be performed by a City contractor, occur on City property and be owned by the City, general construction permit fees are waived and Building Permit Fees are waived in accordance with the City' s Code of Ordinances, Chapter 7, Article I, Section 7-1 Building Administrative Code, Section 109.2.1, Building Permit Fees, Exception 2.

M/WBE Office – The Fain Group, Inc. is in compliance with the City's BDE Ordinance by committing to 15% MBE participation on Phases I and II of this CMAR project. The City's MBE goal on this CMAR project is 15%.

The annual maintenance cost for this project of $397,525.00 beginning fiscal year 2022.

Alliance Park is located in COUNCIL DISTRICT 7.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that upon approval of the above recommendations funds are available in the current capital project as appropriated in the Park Dedication Fees Funds, 2014 & 2018 Bond Program, Texas Park and Wildlife Grants, and PARD Gas Lease Funds.

TO
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

FROM
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

Submitted for City Manager's Office by:
Fernando Costa (6122)
Originating Department Head:
Richard Zavala (5704)
Additional Information Contact:
Richard Zavala (5704)

 
 
ATTACHMENTS
  Alliance I and II - Fain Group Inc - Form 1295 - 2019-464566_Redacted.pdf
  Alliance I and II - MandC - Location Map - 04182019.pdf