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HomeMy WebLinkAboutContract 35857-A5 (2) CITY SECRETARY) S �- AMENDMENT No.5 CONTRACT NO• TO CITY SECRETARY CONTRACT No. WHEREAS, the ity of Fort Worth (CITY) and AECOM USA, Inc. (formerly TCB, Inc. ) , (ENGIN�ER) made and entered into City Secretary Contract No. 35857, (the CONTRACT) which was authorized by M&C C-22390 on the 18th day of September, 2007 in the amount of $37, 400 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $10, 600 . 00 which was administratively authorized on February 27, 2008, Amendment Number 2 in the amount of $99, 770 . 00 which was authorized by M&C C-24228 on May 18, 2010, Amendment Number 3 in the amount of $22, 565. 00 which was administratively authorized on October 19, 2011, Amendment Number 4 in the amount of $12, 760 . 00 which was administratively authorized on December 19, 2012; and WHEREAS, the CONTRACT involves engineering services for the following project : Provine Drainage Improvements, Project No. 00703;and WHEREAS, it has become necessary to execute Amendment No. 5 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 service specified in a proposal dated December 30, 2013, 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 $37, 360. 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 $220, 455 . 00 . 3. City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 OFFICIAL RECORD Paget of 3 CITY SECRETARY FT. WORTH, TX RECEIVED MAR 2 6101q All other provisions of the Contract, which are not expressly amended herein, shlTll remain in full force and effect . EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worthl ENGINEER AECOM USA, Inc. Fernando Costa D 'A am Assistant City Manager Vice President DATE: 3 DATE: APPROVAL RECOMMENDED: G s� Douglas Wj Wiersig, P.E. Director, Transportation and Public Works Department APPROVED AS TO FOR14 AND LEGALITY: M&C: Date: Assistant City Attorney ATTES oTpO°F®00 o ®oo° S o � o$�y Mar J. Kayser °O�0000000 City Secretary S City of Fort Worth OFFICIAL Professional Services Agreement Amendment Template ���®�® PMO Official Release 8/1/2012 CITY SE�iR A Page 2 of 3 ETARy FT. W®RTHs TX FUNDING BREAKDOWN SHEET City Secretary No. Amendment No. 5 Department Fund-Account-Center Amount TPW P227-531200-208280070330 $37, 360 . 00 Total : $37, 360 . 00 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of 3 A_COM AECOM 972 735 3000 tel 16000 Dallas Parkway 972 735 3001 fax Suite 350 Dallas,Texas 75248 www.aecom.com December 30, 2013 Ms. Debbie J. Willhelm, PE Senior Professional Engineer City of Fort Worth Transportation and Public Works Department Stormwater Management Division 1000 Throckmorton Street Fort Worth, Texas 76102 Subject: Project No.00703 Provine Outfall Drainage Improvements Supplemental Services Request#5 Dear Ms. Willhelm: Since the 90% design review meeting on May 29, 2012,AECOM has been requested to perform additional services outside the current scope of work in order to complete the final design of the referenced project. AECOM met with City staff on June 5, 2013 to discuss these additional services, and followed up with a written request for additional services on June 7, 2013. We subsequently proceeded to complete the final design of the project in order to meet the City's goal of advertising and awarding the project before end of FY 13, with the understanding that AECOM would receive approval and funding for the additional services. The project advertised for bids on July 25, 2013 and the bid opening occurred on August 15, 2013. The City received only one bid on this project, with the amount being significantly higher than AECOM's Opinion of Probable Construction Cost(OPCC). AECOM provided a bid tabulation and assessment/comparison of the Contractor's bid to our OPCC on August 19,2013. We also contacted and gathered feedback from a Contractor that pulled plans but did not bid the project and provided this summary to the City on September 22, 2013. A summary of the findings is attached herewith. City Staff recommended rejection of the bid with the intent to re-evaluate the bid package and to re- bid the project in the near future. On November 22, 2013,the City requested that AECOM revise the additional services request submitted on June 7, 2013 to include support service efforts associated with re-bidding of the project. This additional effort is the direct result of the City Council's rejection of the sole bid, with a focus on updating the OPCC with the goal of preventing a no bid or limited bid submission on the re- advertisement of this project. Following is a summary of tasks considered to be additional services along with a breakdown of fees. Per our contract,we respectfully request approval of the additional scope and fee required to support the goal of re-advertising the project by December 19, 2013 and supporting you during the subsequent phases. 1.0 FLOODPLAIN DEVELOPMENT PERMIT The proposed 42"storm drain outfall for this project is located in the 100-year floodplain (FEMA Zone A)of Stream WF-3; as such, a Floodplain Development Permit(FDP)was required through the City prior to issuing the project for advertisement. The City requested that AECOM proceed with the FDP at the 90% design review meeting on May 29, 2012. Preparation of a FDP was not included in the current contract scope of work. A=C•OM Ms. Debbie J. Willhelm, PE December 30, 2013 Page 2 AECOM prepared and submitted the FDP to the City on June 26, 2012 based on the 90% plans. The City requested that AECOM provide additional information on the proposed turf reinforcement mat (TRM)at the outfall. AECOM was required to coordinate with a TRM manufacturer to obtain the requested information and provided it to the City on July 3, 2012. The FDP was approved and issued by the City on July 11, 2012. 2.0 PARK CONVERSION Since the outfall alignment of the proposed storm drain is located in Oakland Lake Park, a Park Conversion was required through Parks and Community Services (PACS). Amendment No. 2 (dated May 18, 2010) to the current contract included provisions for a Park Conversion; however, AECOM was required to provide additional services beyond the scope of work outlined in Amendment No. 2 in order to obtain approval of the Park Conversion through PACS. The following bulleted list is a summary of the additional work performed by AECOM to obtain the Park Conversion. • Revised Park Conversion based on two (2) additional rounds of comments from PACS in July 2012. o Required by PACS to create a new Park Conversion Plan exhibit showing higher level of detail on proposed outfall alignment and erosion protection. o Coordinated extensively with TRM manufacturer to obtain information on installation and performance of proposed materials and representative projects to fully address PACS comments. o Prepared a project history summary as requested by PACS. • Attended PACS Board meeting on July 25, 2012. This meeting was adjourned due to lack of quorum. • Prepared a letter at the City's PM request on August 20, 2012 to address PACS concerns with potential impacts of the project in Oakland Lake Park prior to the second PACS Board meeting. • Attended a second PACS Board meeting on August 22, 2012, in which the Park Conversion was approved. • Prepared and negotiated a Temporary Access Agreement between PACS and geotechnical subconsultant (Mas-Tek Engineering & Associates, Inc.) to allow geotechnical boring on Oakland Lake Park property adjacent to Ederville Road. • Based on a site visit with the PACS representative and City Arborist on September 19, 2012, PACS requested that outfall alignment be shifted to minimize impacts to tree driplines. AECOM revised the alignment from Ederville Road to the outfall accordingly for the final plans. It should be noted that PACS comments on the final plans requested trees to be removed at the outfall instead of protecting the trees. 3.0 ALTERNATIVE MATERIAL EVALUATION The 90%design plans submitted in May 2012 called for the use of 42" reinforced concrete pipe (RCP)for the proposed storm drain, with two(2)drop manholes located in Oakland Lake Park in order to maintain velocities within acceptable limits. At the 90%design review meeting on May 29, 2012, the City requested that AECOM revise the design to eliminate the drop manholes and investigate alternative materials in terms of velocity and abrasion resistance to handle the increased slope and resulting velocities of the proposed storm drain. AECOM investigated the use of RCP, HDPE, and Hobas pipe for the proposed storm drain. This effort involved contacting and obtaining information on velocity and abrasion resistance from these manufacturers, conducting an evaluation/comparison of the pipe materials, and preparing a summary for submittal to the City. Ultimately, HDPE was selected as the preferred material,and the plan sheets were revised to reflect this change. In addition, the storm drain profile from Ederville Road to A=COM Ms. Debbie J.Willhelm, PE December 30, 2013 Page 3 the outfall was revised to eliminate the drop manholes. This work required additional modeling in Winstorm to establish the hydraulic grade line(HGL)due to supercritical flow and updates to the hydraulic calculations sheet. 4.0 PROPERTY OWNER COORDINATION In August 2012, the City requested that AECOM perform additional services regarding the property at 1801 Ederville Road due to conflicting information on the property boundary between AECOM's plans and the property owner's records. The property owner had provided the City with copies of two (2) boundary surveys, one prepared in 1996 and the other in 2000, both of which were sealed by a Registered Professional Land Surveyor. AECOM performed the following additional services: • Conducted additional research on the Provine Street ROW for the property in question. This effort involved comparing property corners found by the survey consultant against the property corners provided by the owner's records. • Prepared an exhibit showing the existing property lines along with new corners found in the field by the survey subconsultant., and discussed with City staff at a meeting on October 2, 2012. At this meeting, the City directed AECOM to revise the property base file to reflect the boundary provided by the property owner. • At the request of the City's PM, met with the property owner on-site on December 11, 2012 to obtain tree diameter measurements and locations with respect to the proposed storm drain. Prepared an exhibit depicting the tree locations, types, and sizes and provided to the City's PM on December 19, 2012. • At the request of the City's current PM on May 1, 2013, performed a conceptual alignment analysis to move the proposed storm drain into Provine Street to avoid the property at 1801 Ederville Road. Prepared an exhibit showing the conceptual alignment and provided estimated quantities of pavement and curb replacement in Provine Street. Should the City require AECOM to perform any further coordination with property owners, including but not limited to surveys, easement preparation, site visits, and meetings, it will be considered Additional Services. 5.0 POST 90% SUBMITTAL REVISIONS Per the current contract scope of work, AECOM was to address comments on the 90% submittal and provide final plans and specifications to the City that could be issued for bidding purposes. AECOM addressed the comments on the 90% submittal from May 2012 and submitted final plans to the City on April 1, 2013. Since the 90% submittal, AECOM has performed the following additional services outside of the current contract scope of work: • City Standard Specifications — The current contract scope of work included preparation of specifications with the final plans. The format of the City's specifications changed in 2011, with two (2) revisions being issued on Buzzsaw after the 90% submittal was made. Thus AECOM has been required to update and recheck the specifications to ensure compatibility with the plans and details without additional compensation. This includes addressing additional comments from the City on the April 1, 2013 submittal. • City Standard Details — City standard details were revised between the 90% and final submittals. AECOM was required to update all of the applicable detail sheets to incorporate the new standard details. This includes addressing additional comments from the City on the April 1, 2013 submittal. A=C'OM Ms. Debbie J. Willhelm, PE December 30, 2013 Page 4 6.0 BID PHASE SERVICES AECOM will coordinate with in-house construction management staff to review site conditions and constraints, special conditions and project restrictions to identify potential refinements that could result in more favorable conditions for construction. Based on feedback from our in-house staff and contractor(s), AECOM will refine and update the Opinion of Probable Construction Cost (OPCC), and provide a brief summary via email to the City documenting the updates to the OPCC and recommendations resulting from the constructability review. AECOM will subsequently incorporate recommended changes and clarifications as needed into the plans and specifications. The bid package will be submitted in accordance with City's standard procedures with a target advertisement date of January 16, 2013. AECOM will provide support services to the City during the advertisement phase, which includes the following items: • Coordinate with known local contractors to make them aware of the project; • Attendance at the pre-bid meeting; • Response to contractor questions during advertisement; • Issuance of addenda, if required; • Attendance at the bid opening; and • Evaluation of bids and preparation of a bid tabulation. COMPENSATION Compensation for the scope of services described above will be provided on a Lump Sum basis in accordance with the terms and conditions of the agreement dated October 2, 2007. A summary of fees is provided below. ExhibitA includes a fee breakdown for the requested supplemental services. Supplemental Services 1.0 Floodplain Development Permit $1,205.00 2.0 Park Conversion* $7,330.00 3.0 Alternative Material Evaluation $4,220.00 4.0 Property Owner Coordination $4,695.00 5.0 Post 90% Submittal Revisions $14,450.00 6.0 Constructability Review and Re-Bid $5,460.00 Total Supplemental Services $37,360.00 A summary of the total project fee is as follows: Total MWBE Percent Original Contract $37,400 $7,700 21% Amend. #1 —Evaluate Add'I Alternatives $10,600 $6,000 57% Amend. #2—Add'I Services for OTOC Alignment Evaluation $99,770 $19,001 19% Amend.#3—Add'I Services for Final Selected Alignment $22,565 $10,200 45% Amend. #4—Geotech for Final Alignment, Special Specs $12,760 $7,900 62% Amend. #5—FDP, Park Conversion,Add'I Plan Revisions. Re-Bid $37,360 $0 0% TOTAL BUDGET $220,455 $50,801 23% "Note: The original City MWWBE participation goal was 10%. A=COM Ms. Debbie J. Willhelm, PE December 30, 2013 Page 5 We appreciate the opportunity to continue our work on this project with you. Should you have any questions or require additional information, please do not hesitate to contact Greg Crews at 972.735.3031. Sincerely, t Don D'Adam, PE Greg Crews, PE Vice President Project Manager Enclosures: Exhibit A—Level of Effort Spreadsheet Email dated August 19, 2013 to City regarding bid results Email dated September 22, 2013 to City regarding Contractor feedback N N O O N O i 0.Y�fqOIU)W+A NONaa I��f�O NNQQN69 NNQQ O�0(�it(0pp�fj OQN'NpN NNl MN M NN O MNO O N018 O NSS A Ot9 O N � fpOM0 y O O O ppO pp O O O O O O O pppp p O E a O y� NW f9 N W i0 N N NNNtA NN ICI N ON OAS N NN O N O C C >O N V W o N mmW ooa.`3-a LU e LU W a w cw w w o o S S o 7 c a 101 Q Z C w w o o 0 o ug w y N N M M > w N f C m po pp m M H H � N N 0 q Z C 0 W N N N N N N m U. 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Formerly TCB, Inc., in the Amount of $37,360.00 for Additional Engineering Design for the Provine Drainage Improvements Project, Thereby Increasing the Total Contract Amount to $220,455.00 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 5 to City Secretary Contract No. 35857, an Engineering Agreement with AECOM USA, Inc. formerly TCB, Inc., in the amount of$37,360.00 for additional engineering design for the Provine drainage improvements project, thereby increasing the total contract amount to $220,455.00. DISCUSSION: The amendment recommended by this Mayor and Council Communication (M&C) will provide additional engineering services not included in the original contract scope. The additional services are primarily needed to acquire permits associated with the final alignment and revision of construction documents to conform to current City requirements. Amount Project Descrilptilon M&C No. A roved Original Agreement $37,400.00 Design services for C-22390 09/18/2007 drainage improvements Amendment No. 1 $10,600.00 Evaluation of alternate Administrative 02/27/2008 alignments during conceptual design to reduce the number of easements needed Amendment No. 2 $99,770.00 Acquire additional soil C-24228 05/18/2010 borings, survey, and SUE to evaluate tunneling option for installation of pipe between residences. Added scope to include bid and construction phase services http://apps.cfwnet.org/council_packet/mc review.asp?ID=19507&councildate=3/18/2014 3/19/2014 M&C Review Page 2 of 2 Amendment No. $22,565.00 Design of final Administrative 10/19/2011 3 alignment selected in previous amendments Amendment No. $12,760.00 Creation of site- Administrative 12/04/2012 4 specific vibration monitoring and rock excavation special specifications Amendment No. $37,360.00 Floodplain 5 Development and Grading Permits; Parks Conversion; revise construction documents Total $220,455.00 AECOM USA, Inc., proposes to perform the amendment services for a lump sum fee of $37,360.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. Cost for this Amendment No. 5 will be funded by the Stormwater Capital Projects Bond Fund. M/WBE Office- No MNVBE participation is required for this Amendment No. 5. This project is located in COUNCIL DISTRICT 8, Mapsco 331 D8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 208280070330 $37,360.00 Submitted for City Manager's Office by. Fernando Costa (6122) Originating Department dead: Douglas W. Wiersig (7801) Additional Information Contact: Debbie Willhelm (2481) ATTACHMENTS 00703 Provine Drainage Improvements.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19507&councildate=3/18/2014 3/19/2014