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HomeMy WebLinkAboutContract 43460-A1 O�9��/�(��A NO. 4 A1 AMENDMENT No. 1 TO CITY SECRETARY CONTRACT No. 43460 WHEREAS, the City of Fort Worth (CITY) and CDM Smith Inc . , (ENGINEER) made and entered into City Secretary Contract No. 43460, (the CONTRACT) which was City Council authorized on the 1 day of August, 2012 in the amount of $ 519, 402 . 00; and WHEREAS, the CONTRACT involves engineering services for the following project : Gateway Park Oxbow Development; and WHEREAS, it has become necessary to execute Amendment No. 1 to the CONTRACT to include an increased scope of work and 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 June 9, 2014, 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 $127, 100 . 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 $646, 502 . 00 . M n M 3 . Z M All other provisions of the Contract, which are not expressly c--) amended herein, shall remain in full force and effect. 0 EXECUTED and EFFECTIVE as of the date last written by a signatory, below. 0 RECORD City s Fort Worth CRETARY Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 1 of 3 '� y APPROVED: City of Fort Worth ENGINEER CDM Smith Inc. \Axw Susan Ala4ii J. Dan Shannon, P.E. , BCEE Assistant City Manager Senior Vice President DATE: 10 I ( I a-0 DATE: Z 2 0 4 APPROVAL RECOMMEND Richar Zavala Direct tr, Parks and Community Services Department APPROVED AS TO FORM AND LEGALITY: M&C: an_ � Date : Douglas W. Black Assistant City Attorney ATTEST: �®�p000000 A ®o �0 . ;0 14ar y J. Ka s g o City Secreta y OFFaMAL RECORD City of Fort Worth Con 'mwETARY Professional Services Agreement Amendment Template r PMO Official Release 8/1/2012 vv Page 2 of 3 FUNDING BREAKDOWN SHEET City Secretary No. 43460 Amendment No. 1 Department Fund-Account-Center Amount 80 GR76-531200-080306836030 $127, 100 . 00 Total : $127, 100 . 00 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of 3 Gateway Park Oxbow Phase 1 Attachment to June 18,2014 Project Budget Status Memo Detailed Breakdown of Budget Impacts Amendment 1 $1,800 Competition Field removed then added again $36,500 Observation Decks 2 decks added initially,then 3rd deck added Determining Locations 1. Initially planned along Sycamore Creek 2.TRVA requested decks not be installed along Sycamore Creek prior to tree plantings 3. Site visits,survey reviews conducted as part of deck location study along Oxbow 4.To accomodate 3rd deck location,the design was revised to include two decks along Sycamore Creek in locations acceptable Survey and geotechnical investigations conducted for decks,which was not included in initial scope Architectural and structural preliminary design completed 3 additional meetings with City and TRVA $12,500 Trails 700 LF Trail added to connect Trinity Trails with rec area 4300 LF Equestrian trails added 250 LF Trails to Sycamore Crk decks added The additional trails were added to the scope during the conceptual and preliminary designs phases, resulting in revisions to both plan sets Scaling and V-ports of several conceptual and preliminary plan sheets were modified 3 additional meetings with City and TRVA $2,300 Interpretive Signage Preliminary locations identied Research, meeting and conceptual design for integration into deck design and along trails Sub-total $53,100 Incurred costs associated with the Amendment 1 items as documented above. TRVA/CFW Budgeting Meetings Initial effort to research, compile, organize, and create figures of FSEIS and current FWCC budgets Several subsequent efforts to reorganize and revise figures of Phase 1 costs for comparison to FSEIS and current FWCC budgets Cost estimate updates of Future Gateway Park rec phases Cost estimate for several phasing scenarios of recreational features 7 meetings and correspondance with TRVA/TRWD,and the City regarding budgeting decisions TRVA meetings occurred on the following dates:2Apr2013, 13May2013, 18Jun2013, 12Aug2013, 29Aug2013, 11Nov2013 CDM Smith staff involved in this effort included Erik Cotter, Bob Brashear, Mike Cleson, Don Funderlic and construction cost estimating group Sub-total $25,000 Additional Services $127,100 Total City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/1712012 DATE: Tuesday, July 17, 2012 REFERENCE NO.: C-25747 LOG NAME: 80GATEWAY PARK OXBOW CDM SMITH AGREEMENT SUBJECT: Authorize Execution of an Engineering Agreement with CDM Smith, Inc., in the Amount of$519,402.00 for the Design and Engineering of the Gateway Park Oxbow Development (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering Agreement with CDM Smith, Inc., in the amount of$519,402.00 for the design and engineering of the Gateway Park Oxbow Development. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of an engineering Agreement with CDM Smith, Inc., in the amount of$519,402.00 for the design and preparation of construction documents for park improvements in the Gateway Park Oxbow area located north of 1-30 and west of Beach Street. Staff considers this fee to be fair and reasonable for the scope of services proposed. Improvements will include construction of new park entry identification element, multi-use trails, concession/restroom facility, park road and parking lots, competition soccer fields to include lighting and irrigation, ecosystem restoration, landscaping and other park improvements. On May 14, 2002, (M&C G-13624) the City Council adopted the updated Gateway Park Master Plan. The Master Plan included the potential joint venture to develop recreational and ecosystem restoration facilities in the area of the Trinity River Oxbow at Gateway Park with the U.S. Army Corps of Engineers (USACOE). On January 13, 2004, (M&C G-14221) the City Council authorized the adoption of appropriation ordinances and an interlocal Agreement authorizing the resubmission and acceptance of an application for a 2004 Texas Parks and Wildlife Department (TPWD), Regional Park Grant and accepted funds from Streams and Valleys, Inc. (S&V), and the Tarrant Regional Water District (TRWD). In August 2004, TPWD awarded the City of Fort Worth a $2,000,000.00 regional grant for Gateway Park with the award contract executed in March 2005. On January 13, 2004, (M&C G-14221) the $2,000,000.00 regional grant was matched with $2,500,000.00 in combined funding from City, S&V and TRWD for a total project funding amount of$4,500,000.00, as appropriated. Since March 2005, a number of initiatives outside the City's purview deferred the project proceedings. Land acquisition necessary for incorporation into the Gateway Park Oxbow project by the TRWD was - delayed indefinitely pending appropriation of federal funds for land acquisition and the ongoing design of the Beach Street/Gateway Park Oxbow park entry by the USACOE. In June 2006, the City requested the USACOE to consider merging of the Gateway Park Oxbow project with the Trinity River Vision Central City (TRV- CC) project because both projects were occuring simultaneously and jointly impacting floodplain valley storage requirements. Project deferral continued from March 2005 to May 2008, pending authorization to merge both projects and the appropriation of federal funding for land acquisition. In May 2008, the USACOE passed a Record Logname: 80GATEWAY PARK OXBOW CDM SMITH AGREEMENT Page 1 of 2 of Decision allowing the Gateway Park Oxbow project to merge with the TRV- CC project. In February 2010, TRWD requested federal stimulus funds for the TRV- CC project and by November 2011, the USACOE moved forward with design of mass site grading within the Gateway Park Oxbow necessary for floodplain valley storage. In March 2012, the Trinity River Vision Authority (TRVA) recommended to the Parks and Community Service Department to proceed with the Gateway Park Oxbow project design in order for the project to be "shovel ready"when federal funding became available for the mass grading project within the Gateway Park Oxbow area. This action will allow for the project design and award of construction contract to be ready to commence when the USACOE mass grading project is completed. It is estimated the mass grading project will commence during 2012 and be completed in 2014. CDM Smith, Inc., is in compliance with the City's M/WBE Ordinance by committing to 29 percent participation. The City's goal on this project is 28 percent. Gateway Park Oxbow is located in COUNCIL DISTRICT 4. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR76 531200 080306836030 $519,402.00 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Mike Ficke (5746) -------------------------- -- ATTACHMENTS 1. Available funds 306836.doc (CFW Internal) 2. CDM Compliance Memo.pd (CFW Internal) 3. FAR-00001.pdf (CFW Internal) 4. IOC -Ado ust TPWD Regional Park Grant Budget.doc (CFW Internal) Logname: 80GATEWAY PARK OXBOW CDM SMITH AGREEMENT Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/23/2014 DATE: Tuesday, September 23,2014 REFERENCE NO.: C-27019 LOG NAME: 80GATEWAY PARK OXBOW CDM SMITH AMENDMENT SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No.43460 with CDM Smith,Inc.,in the Amount of$127,100.00 for Additional Design and Engineering Services for the Gateway Park Oxbow Development for a Revised Contract Amount of$646,502.00,Authorize Mutual Termination of City Secretary Contract No.43460,as Amended,with CDM Smith,Inc., and Authorize Execution of an Engineering Agreement with CDM Smith,Inc.,in the Amount of$294,800.00 for the Design and Engineering of Gateway Park Redevelopment—East(COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No. 1 to the Engineering Agreement with CDM Smith,Inc.,City Secretary Contract No.43460,in the amount of$127,100.00 for additional design and engineering services associated with the Gateway Park Oxbow Development for a revised contract amount of$646,502.00; 2. Authorize the termination of City Secretary Contract No.43460,as amended,with CDM Smith,Inc.; and 3. Authorize the execution of an Engineering Agreement with CDM Smith,Inc., in the amount of $294,800.00 for the design and engineering of Gateway Park Redevelopment—East. DISCUSSION: The overall objective of this Mayor and Council Communication(M&C)is to enable the City of Fort Worth to fulfill the requirements of the 2004 Regional Park State Grant for the Gateway Oxbow Project.In order to satisfy the representations made in the grant application,improvements must be made in the eastern area of Gateway Park north of IH-30 and east of Beach Street. At the appropriate time,the Trinity River Vision Authority will complete 100 percent design of the original project and will construct consistent with the Master Plan. The recommended actions,including authorizing final payment for design and engineering services previously completed and termination of the existing design and engineering services contract(by mutual consent)coupled with the authorization to enter into a new design and engineering services contract to complete the design of improvements in the eastern area of the park,will achieve this objective. This matter,including previous actions by the City and actions by others which have had a direct effect on the originally proposed project are explained below: Amendment and Termination: On May 14, 2002, (M&C G-13624)the City Council adopted the updated Gateway Park Master Plan. The Master Plan included the potential joint venture to develop recreational and ecosystem restoration facilities in the area of the Trinity River Oxbow at Gateway Park with the U.S.Army Corps of Engineers(USACOE). On January 13, 2004, (M&C G-14221)the City Council authorized the adoption of appropriation ordinances and an Interlocal Agreement authorizing the resubmission and acceptance of an application for a 2004 Texas Parks and Wildlife Department(TPWD),regional park grant and accepted a donation from Streams and Valleys,Inc. (S&V),and the Tarrant Regional Water District(TRWD). In August 2004,TPWD awarded the City of Fort Worth a$2,000,000.00 regional grant for Gateway Park with the award contract executed in March 2005.The$2,000,000.00 regional grant was matched with$2,500,000.00 in combined funding from the City,S&V and the TRWD for a total project funding amount of$4,500,000.00. Since March 2005,a number of initiatives outside the City's purview deferred the project. Specifically,land acquisition necessary for incorporation into the Gateway Park Oxbow project by the TRWD was delayed indefinitely pending appropriation of federal funds for land acquisition and the ongoing design of the Beach Street/Gateway Park Oxbow entry by the USACOE.In June 2006, the City requested the USACOE to consider merging the Gateway Park Oxbow Project with the Trinity River Vision Central City(TRV—CC) project because both projects were occurring simultaneously and jointly impacting floodplain valley storage requirements. Project deferral continued through May 2008,when the USACOE passed a Record of Decision allowing the Gateway Park Oxbow Project to merge with the TRV—CC Project. In February 2010,TRWD requested federal stimulus funds for the TRV—CC Project and by November 2011, the USACOE moved forward with design of mass site grading within the Gateway Park Oxbow necessary for floodplain valley storage. In March 2012,the Trinity River Vision Authority(TRVA)recommended the Parks and Community Service Department proceed with the Gateway Park Oxbow project design in order for the project to be "shovel ready" when federal funding became available for the mass grading project. On July 17, 2012, (M&C C-25747)the City Council authorized the execution of an Engineering Agreement with CDM Smith,Inc., in the amount of$519,402.00 for the design and engineering of the City's facilities for the Gateway Park Oxbow development. Due to the revised schedule of the USACOE mass grading project funding,final design and construction of the City's facilities within the Gateway Park Oxbow cannot be completed in the timeframe required by the TPWD regional grant's extended deadline(construction completion by December 31, 2015). The CDM Smith,Inc., design is approximately 50 percent complete.The USACOE mass grading/valley storage project has been completed and bidding will commence in the summer of 2015. Construction is anticipated to begin fall of 2015 and run through mid-2017. When the USACOE work is completed the TRVA will complete the remaining 50 percent of the construction documents and proceed with bidding and construction of the recreational facilities. Amendment No. 1 to the original Agreement is to compensate CDM Smith,Inc.,for services performed outside the original contract scope of services and includes additional items for design related to the TPWD grant and assisting in additional budget impact studies and cost estimates requested by TRVA and CFW. Staff considers this fee to be fair and reasonable for the additional services performed.Upon approval of this M&C, the amendment will be processed and then the contract terminated. CDM Smith,Inc.,has been consulted and informed in writing of Staffs recommendation of the termination. CDM Smith,Inc., does not object to this action. Reprogramming Funds: In order to use the TPWD funds by the December 31, 2015 deadline, Staff recommends authorization of the execution of an Engineering Agreement with CDM Smith,Inc.,in the amount of$294,800.00 for the design and preparation of construction documents for park improvements in Gateway Park east of Beach Street. Staff considers this fee to be fair and reasonable for the scope of services proposed. Improvements will include replacement of portions of concrete trails and up to eight pedestrian bridges, removal of two existing canoe launches and modifications to the upper decks of the launches,proposed concrete trails and a trailhead,including parking,pavilion,tables,benches,portable toilet facility and solar powered security lighting. It is expected that the construction contractor will be procured using the Construction Manager at Risk(CMAR)method in order to accelerate the design/construction process as necessary to meet the December 31, 2015 deadline.Reprogramming the funds in this manner has been approved by TPWD. MWWBE Office—CDM Smith,Inc.,is in compliance with the City's BDE Ordinance by committing to 18 percent SBE participation. The City's goal on this project is 18 percent. Gateway Park Redevelopment—East is located in COUNCIL DISTRICT 4. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current operating budget,as appropriated,of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR76 531200 080306836030 $294.800.00 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Joel McElhany (5746) ATTACHMENTS 1.Available Funds.docx 2. FAR-00005.pdf 3. MAYOR AND COUNCIL COMMUNICATION Gateway East.pdf 4.MWBE Contract Compliance Memo 072914.12df 5. PMPR-00005.pdf