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Home My WebLink AboutContract 46031-A2 CITY SECRETARY ►/� AMENDMENT No.2 CONTRACT NO.„1 3 Ij-�'1 TO CITY SECRETARY CONTRACT No. 46031 WHEREAS, the City of Fort Worth (CITY) and CDM Smith Inc. (ENGINEER) made and entered into City Secretary Contract No. 46031, (the CONTRACT) which was authorized by M&C C-27019 on the 23rd day of September, 2014 in the amount of $294, 800; and WHEREAS, the CONTRACT was subsequently revised by: Amendment No. 1 City Secretary Contract No. 46031-A1 for additional engineering services for increased scope of work and revised fees . Amendment Number 1 in the amount of $18, 600 . 00 which was administratively authorized on June 24, 2016. WHEREAS, the CONTRACT involves engineering services for the following project: Gateway Park Redevelopment East; and WHEREAS, it has become necessary to execute Amendment No. 2 to the CONTRACT to include an increased scope during final design and during construction for a revised fee. NOW THEREFORE, CITY and ENGINEER, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT: 1 . Article I of the CONTRACT is amended to include the additional engineering services specified in a proposal dated September 17, 2015, a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $45, 600. 00. (See Attached Funding Breakdown Sheet, Page -3-) 2 . Article II of the CONTRACT is amended to provide for an increase in the fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall be an amount of $359, 000. 00. A5 78 3. gr0 City of Fort Worth /Q a Professional Services Agreement Amendment Template OFFICIAL RECORD , PMO Official Release 8/1/2012 CITY SECRETARY Page 1 of 3 FT. WORTH, TX � n C. 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 last written by a signatory, below. APPROVED: City of Fort Worth ENGINEER \CDM Smith Inc. � V S san lanis Danny Shannon, P.E. Assistant City Manager Senior Vice President DATE: I DATE : 2 APPROVAL RECOMMENDED- r Ric and Zavala Director, Park and Recreation Department APPROVED AS TO FORM AND LEGALITY: M&C: Date : ouglas W. Black ,ry Assistant City Attorney ATTEST : ILIOF Fps ar J. Kayser City Secretary S City of Fort Worth OFFICIAL RECORD Professional Services Agreement Amendment Template CITY SECRETARY PMO Official Release 8/1/2012 Page 2 of 3 FT.WORTH,TX FUNDING BREAKDOWN SHEET City Secretary No. Amendment No . Department Fund-Account-Center Amount 08 39302 0800450 5740010 C01857 C04980 $45, 600 . 00 Total : $45, 600 . 00 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of 3 CDM- Smith DMSmith 100 Throckmorton Street,Suite 600 Fort Worth,Texas 76102 tel: 817 332-8727 fax: 817 820-0450 September 17,201S Cornell Gordon Project Manager City of Fort Worth PACS Department 4200 South Freeway,Suite 2200 Fort Worth,TX 76115-1499 Subject: Gateway Park Redevelopment-East City Secretary Contract Number 46031 Amendment 2 Request Dear Mr.Gordon: In the spring of 2014,CDM Smith and PACS developed the scope and fee for the Gateway Park Redevelopment —East project.A fee amount of$375,000 was originally proposed,however PACS requested CDM Smith reduce the fee to comply with the TPW grant requirements.The more limited scope was developed excluding several services that were originally thought to be needed,but would try to be avoided if possible.The agreement fee was then reduced to$294,800. In the course of the project,some of the removed scope was determined to be needed,and also several unanticipated scope items arose.The following is summary of these out of scope items encountered through May 2015: • Additional agency coordination and permitting o A floodplain development permit(FDP)was not initially anticipated,and was excluded in the agreement scope.During design the City's floodplain manager requested the permit be obtained.Although,the Tarrant Regional Water Department(TRWD)has jurisdiction in the project area,CDM Smith was requested by the City to obtain the FDP to avoid unnecessary delays in the project. o The initial project intent was to avoid the need for a U.S.Army Corps of Engineer(USACE) Section 404 permit to avoid the potential for lengthy review periods which could not be accommodated by the aggressive project schedule.Therefore,USACE permitting was excluded in the agreement scope.Subsequently however,the USACE determined the 60% designs developed for three of the project areas require a Section 404 Nationwide permit. These components could have been minimally designed to avoid the need for the permit,but iJ WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES CDM- Smith DMSmith Cornell Gordon 17 September 2015 Page 2 CDM Smith coordinated with TRWD who operates the floodway,conducted a site visit with the USACE,and obtained the 404 Nationwide permit to achieve the PACS desired improvements while maintaining the project schedule. • Addition of trail replacement in Area 7 o Area 7 was not initially identified as an area of the trail requiring relocation as it was not yet compromised by the River bank erosion.However,during the preliminary design PACS requested it be added as it was in the proximity of the failing bank.Additional survey was conducted and Area 7 was added to the project. • Three additional site meetings with PACS during preliminary design: o Only one meeting regarding trails was budgeted,and a total of three site meetings with PACS were budgeted for the preliminary design. o CDM Smith met with PACS four times to determine the trail alignments,and two other times to discuss various other project components during preliminary design. o The additional meetings regarding trails were held to reach a consensus with the disc golf and mountain bike clubs and PACS staff for the new trail,and to add the Area 7 trail replacement. • Interpretive signage content o Development of artwork and content for interpretive signage were initially to be determined by PACS,and were excluded from the agreement scope.However,as the design progressed PACS requested that CDM Smith finalize the conceptual content developed with the preliminary design and provide the signage graphics. • Comments on plans/specs beyond final o PACS recently provided comments on the 100%plans and specifications.Some of the comments regard information inadvertently left out of the plan set and minor errors,which CDM Smith will take full accountability for and reissue corrected construction documents. However,several of the comments request revisions of a more subjective nature that do not regard errors.While these comments are valid,and CDM Smith can accommodate the requests,they ideally would have been provided with the 60%or 90%reviews when they could have been incorporated as the plans and specifications were being finalized with marginal impact to the budget. i� aGateway Park Redevelopment East-Amendment 2 Request 20155ep17(3).do« 3 i CDM Smith Cornell Gordon 17 September 2015 Page 3 Requested Fee Amendment Although the above listed items are technically out of scope requests,we recognize the inherent uncertainty in defining scope details at the initial planning levels of projects.Further,all of these items could have been accommodated within the initially proposed budget,which was intended to account for some project uncertainties. With the approved Amendment 1,the total agreement fee is$313,400.The design budget was exceeded in January,and through May the entire project budget,including construction support,was exhausted.In June, 2015,budget overruns of$45,600 were anticipated. Budget Additional Service Impact Floodplain Development Permit $4,000 USACE Section 404 Nationwide Permit $11,500 Survey and Design of the Area 7 Trail Replacement $8,000 Additional Meetings $2,200 Interpretive Signage Artwork and Content $10,500 Revisions of Sign Photos and Images, and Addition of Sign After Completion of Design $4,600 Revisions to Civil Drawings After Completion of Design $4,800 Total $45,600 However,CDM Smith's construction support has since been expanded to include geotechnical and structural oversight of the deep foundation installation for the observation decks.Multiple construction delays and field changes have occurred related to this work,including incorrect pile beams delivered and construction surveying discrepancies for the existing and proposed pile locations.The piling installation for the North Deck has not been completed,so the precise budget impact for the construction oversight is unknown. aGateway Park Redevelopment East-Amendment 2 Request 20155ep17(3).docx CDM- Smith DMSmith Cornell Gordon 17 September 2015 Page 4 CDM Smith has been and remains committed to the success of this important PACS project,and we believe our team has performed well.Both CDM Smith and its sub-consultants began the project at-risk without a contract upon request of PACS to accomplish the accelerated schedule that is necessary for the project.Our entire team has made this project a priority to maintain the schedule throughout the design and continues to as the construction is beginning. Please consider our request for additional fee for this project,which we have diligently tried to complete with the budget limitations requested by PACS. If you have questions,please feel free to call me at 817-332-8727. Erik Cotter Project Manager CDM Smith Inc. cc: Danny Shannon Bob Brashear aGateway Park Redevelopment East-Amendment 2 Request 20155ep17 J3).docz