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Contract 36513-A7 (2)
AMENDMENT No.7 c>n SECPATAIW cohma No...1W-72-41 TO CITY SECRETARY CONTRACT No. WHEREAS, the City of Fort Worth (CITY) and Dunaway Associates, L. P. , (ENGINEER) made and entered into City Secretary Contract No. 36513, the CONTRACT) which was authorized by M&C C-22600 on the 8th day of January, 2008 in the amount of $ 726, 110 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $ 7, 757 . 00 which was administratively authorized on the 19th day of March 2009, Amendment Number 2 in the amount of $110, 428 . 00 which was authorized by M&C # C-24123 on the 9th day of March 2010, Amendment Number 3 in the amount of $25, 524 . 00 which was administratively authorized by the City on the 30th day of September 2011, Amendment Number 4 in the amount of $155, 902 . 00 which was authorized by M&C # C-25627 on the 5th day of June 2012, Amendment Number 5 in the amount of $17, 705. 00 which was authorized by M&C # C-26125 on the 5th day of March 2013, Amendment Number 6 in the amount of $42, 750 . 00 which was authorized by M&C # C-26555 on the 12th day of November 2013; and WHEREAS, the CONTRACT involves engineering services for the following project: East First Street from Beach Street to Oakland Boulevard; and WHEREAS, it has become necessary to execute Amendment No. 7 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 ment, which amends the CONTRACT: OFFICIAL gaional CITY SEC 1 ' FT.WOR Article I of the CONTRACT is amended to incl>>de t_ engineering services specified in a proposal dated February 20, 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 $61, 375 . 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 Page - 1 - RECEIVED APR 181014 work and services shall be an amount of $1, 147, 551 . 00 . 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worth ENGINEER Dunaway Associ es, L. P. Fernando Costa Aervin Campbe 1, P. E. Assistant City Manager Associate/Director of Public Sector Services DATE: �J / DATE: AP VAL RECOMMENDED: P--- t'j- W' Douglas 0. Wiersig, P. E. Director, Transportation/Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: L - 244s 3 Date: 41 �$[lY -4�� Douglas W. Black Assistant City Attorney of F°O ATTEST: .� o°° o `g o°O C;s o® $ 8Mo$ Mary J. e r °°°°000000°°° City Secr ary -r��S EF"t L RECORD Page - 2 - CRETARY RTIi, TX FUNDING BREAKDOWN SHEET City Secretary No. 36513 Amendment No. 7 Department Fund-Account-Center Amount 20 C200 531200 204230014530 $61, 375. 00 Total: $61, 375 . 00 Page - 3 - City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/8/2014 DATE: Tuesday,April 08, 2014 REFERENCE NO.: **C-26753 LOG NAME: 20EAST FIRST STREET AMENDMENT—7 SUBJECT: Authorize Execution of Amendment No. 7 to City Secretary Contract No. 36513, an Engineering Services Agreement with Dunaway Associates,L.P., in the Amount of$61,375.00 for the Design of East First Street from Beach Street to Oakland Boulevard,Thereby Increasing the Total Contract Amount to$1,147,551.00 (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 7 to City Secretary Contract No. 36513, an Engineering Services Agreement with Dunaway Associates,L.P., in the amount of$61,375.00 for the design of East First Street from Beach Street to Oakland Boulevard, thereby increasing the total contract amount to$1,147,551.00. DISCUSSION: The 2004 Capital Improvement Program(CIP) approved funding for the design and construction of East First Street from Beach Street to Oakland Boulevard(City Project No. 00145).This contract amendment is for engineering services to provide additional environmental information required by the Federal Highway Administration(FHWA) and recent changes in how the United States Army Corps of Engineers (USACOE) assesses project impacts to Waters of the U.S.This work includes preparation of a Consistency Report to accompany the new Environmental Assessment permit,preparation of Section 404 Individual Permit for the USACOE, and additional coordination effort with TxDOT to advance the Corridor Development Certificate (CDC permit). This amendment also includes additional project management due to the extended duration of the project and the preparation of a new brick paver detail sheet to better facilitate the construction of proposed brick pavers at Streams &Valleys Circle entrance into Gateway Park. The following table summarizes previous contract action and amendments: Amount _P_rg&ct Descdptian M&C No. Aw-read Design of East First Street from Beach Street Initial Contract $726,110.00 C-22600 1/8/2008 o Oakland Boulevard Archeological Investigations for East First Amendment No. 1 7,757.00 N/A 3/19/2009 Street at the new Trinity River Bride Additional Historical Investigation for East Amendment No. 2 $110,428.00 C-24123 3/9/2010 First Street at the new Trinity River Bride dditional right—of—way, survey and xhibits,Environmental documentation, and Amendment No. 3 $25,524.00 N/A 9/30/2011 meetings with Department of Transportation TxDOT Design of bicycle lanes, streetlights, Amendment No. 4 $155,902.00 Environmental Investigations, and water and C-25627 6/5/2012 sanitary sewer improvements Amendment No. 5 $17,705.00 Conditional Letter of Map Revision C-26125 3/5/2013 CLOMR Preparation of construction bid documents or street light poles/fixtures, design changes Amendment No. 6 $42,750.00 in coordination with Parks and Community C-26555 11/12/2013 Services(PACS), and preparation of additional environmental documentation Preparation of paver detail sheet, CDC Permit Coordination, and additional Amendment No. 7 $61,375.00 environmental documentation, which Pending Pending includes Consistency Report for Environmental Assessment, and 404 Individual Permit Total 1,147,551.00 Dunaway Associates,L.P.,proposes to complete Amendment No. 7 for a fee not to exceed$61,375.00. Staff considers this fee to be fair and reasonable for the scope of services proposed to be performed. N WBE Office—A waiver of the goal for MBE/SBE subcontracting requirements was requested by the T/PW Department and approved by the M/WBE Office, in accordance with the M/WBE Ordinance,because the purchase of goods or services from sources(s) where subcontracting or supplier opportunities are negligible. This project is located in COUNCIL DISTRICT 4,Mapsco 64—S,64—T, 64—U and 64—V. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C200 531200 204230014530 $61,375.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W.Wiersig (7801) Additional Information Contact: Dennis R. Ingram (2294) ATTACHMENTS 1. 20east first street amendment-7 00145 FAR-00031.12df 2. Amendment 7—Signed 140220.12df 3. Amendment No 7 Approved Waiver.1df 4. C200 99901.doc 5. EAST FIRST STREET AMENDMENT 7 MAP.1df A Ak, WATAUGA �s ,�*� ■ ■■■• �■■ �� i , � '� �.� �.�: 1,0 IN Rilarf MEN Fool?Iff Alp �� eyl,1�� 30�j����1� i ~ i /1 taut■�� a ME 'o 11 IN -Sol W, niv I NNW mm OWN� 1l t�i' ' AL; ����.� >•i■a■a►j �- .. ��>(Q�7■iiiiVillrli � ��� y�lll- ( f n how, am MIN ills mms low MMM • MINE !MM 4—KING OAKS 0711,7' -vin- --XIM .' • all e ki* "4T ..... ----- EAST FIRST ST Wil (NORTH B EAC H ST-OA KLAND B LVD) 0 1500 3000 Mild Ft !F IN DA No. 2006328 February 20,2014 W. Dennis Ingram, P.E. City of Fort Worth Transportation&Public Works Department Fort Worth,Texas 76102 Reference: Amendment No. 7 East First Street from Beach Street to Oakland Boulevard City Project No.00145 Mr. Ingram: This letter constitutes our request for supplemental authorization for tasks outside and In excess of the scope of services for the current contract and amendments. This request is based upon the fob items: SCOPE OF SERVICES 1.0 Project Management For an ongoing contract the ENGINEER must perform numerous project management tasks on a weekly and monthly basis, such as: internal design team meetings; review sub-consultant invoices; develop, review and submit invoices to the CITY; discuss task and project progress with CITY Staff, Discuss task and project progress with TxDOT staff; etc. These project management tasks on average equate to about 1.6 hours per week of Project Merger effort.The project is expected be let in September 2014, therefore the tnway is seeking 16 months of project management not covered by the original contract or amendrents. These 16 months equate to 65 weeks at a cost of$12,675 for project management. Addilbully,The ENGINEER i xxn a cost of$76.60 per month for MWBE reporting, for a total cost of$1,224.00. 2.0 Additional Paver Detail Sheet Amendment#6 covered efforts to modify the 96% East First Street plan set to add concrete powers at the entrance to Gateway Park at the request of the City of Fort Worth's City Parks and Community Services Department. The ENGINEER performed ft work at risk while the amendment was being approved. 5W"pianos,&ft 400 �Fat Wbft Town 76107 o let 817.335.1121 1-1 rox:817.335.7437 -cuno woyossockiftcan Amendment No, 7 February 20, 2014 Page 2 I Doing the scoping of amendment #6 it was believed that the addition of concrete pavers would irrvolve placing pavers between curbs and within the Streams and Valley roadway from the median nose curb returns to the proposed ROW see Exhibit A. This design work would involve 51 hrs to create two plan sheets: a paver layout sheet and a paver detail sheet. As the design was finalized with the City of Fort Worth's City Parks and C nvmN*y Service Department, pavers were added to the median nose and the limits of the paver work extended past the East First Street ROW into Gateway Park Further,the final desert inched removing and resetting a portion of the existing pavers as well as repiaring a portion of emoting curb and gutter This work was outside the scope of amendment 06 and resulted in an additional paver detail sheet. The cost of the additional paver detail sheet that the ENGINEER is seeking reimbursement for is $3,367.60 for 20.5 hrs of design work. 3.0 Consistency Report for Environmental Assessment After the September submittal of the Environmental Assessment (EA), FHWA requested that a Consistency Report be included In the EA document, which was not part of the original contract scope. This Consistency Report consisted of a six POW memo comps the East 1'' Street project inclusion in the MabIf#y 2035. The Mebgxfflan Transportatb7 Plan for North Central Texas (MobNty 2035) against its Inclusion in the Mobility 2035-2013 Update. The Metmpok?an Transportation Plan for North Central Texas (Mobility 2035 -2013 Update). The ENGINEER developed this report and submitted it with the updated EA document to FHWA in January 2014. Creation of this report required a $3,342 effort by the ENGINEER's subs onsultant, AECOM. Additionally, the ENGINEER has spent 7 hours of project manager and senior engineer effort coordinating on and rev ing the consistency report at a cost of$M. 4.0 CDC Coordination At the request of CITY staff the ENGINEER on numerous occasions has made kx:luuries on the CDC permit status and made efforts to progress the CDC permit process.The CDC penratt is a TxDOT consultant effort,which TxDOT has progressW with minimal sense of urgency. An example of this lack of urgency is seen by TxDOT and its consultant taking nearty a year to finalize an amendment to finalize the CDC permit application. Appendix A shows the actual hours the ENGINEER spent Inquiring into the CDC permit and progressing the CDC perrnit forward. The ENGINEER is seeking reimbursement of$2,286.25. 5.0 Section 404 Individual Permit The proposed project will impact the Waters of the U.S. (WOUS) In excess of the 1-acre limit slowed for Nationwide Permiit 14 — Linear Transportation Projects (NWP-14). Because of these I ripaads, it is necessary to permit the project by obtaining an Individual Permit OP)under Section 404 of the Clean Water Act. ENGINEER will utilize the environmental, archaeological, project plants, memaranduma, and related data collected for the Environmental Assessment for the proposed East First Street project to prepare the permit application, and any 550 Bodey Avemis,Suite 400 : Fad WdRL kwm 76107 4 Tel:817.335.1121 � Fax:817,335.7437 -,'dunrnvoyassoclotes.corn i Amendment No. 7 February 20, 2014 Page 3 supporting exhibits. No additional environmental field surreys are included in this Scope of Services. It is assumed that the field data, surveys, plans, review agency memorandums and letters collected for the East 1st Street Environmental Assessment will provide the source data for the app, related jurisdlC onlal documents, prepared for the reach of the West Font Trinity River at East First Street. The data win include the latest version of the model prepared for the Corridor Development Certificate (CDC)and for the FEMA Flood Insurance Study(FIS). The Engineer will perform the fokmft in to obtain the IP at a cost of$37,610: 5.1 ENGINEER will meet with the City of Fort Worth and THE U.S.Army Corps of Engineers (USACE) to kick-off the IP preparation, and address comments prior to submittal. It is anticipated that two meetings will be required. 6.2 ENGINEER will coordinate with City and the USACE to obtain the necessary program guidance and forms for prlepwaticm of the IP. The ENGINEER will provide the application, backup data,exhibits, and related data to the USACE In support of authorization of IP, 5.3 The USACE Fort Worth District Application forms will be used for preparation of the submittal. Proposed mitigation including identification of the mitigation bank types of mitigation and number of credits to be acquired will be Included in the application. 6.4 The TCEQ Section 401 Questionnaire and Aftematives Analysis will be corq*W for Tier fir projects and submitted as part of the application package. 6.5 The ENGINEER will attend and present an exhibit at one public hewing related to the IP process. 5.6 One (1) copy of the IP package will be submitted to the City of Fort Worth for review. Following the Cky`s review and arpprlo* the ENGINEER shall forward the IP submittal package to the USAGE. 6.7 The ENGINEER shall respond to comments made by USACE on the IP application package. Based on the comments received,the ENGINEER shall make necessary revisions to the IP and address all comments and provide additional required infomnation to fulfill USACE requirements for Issuance of the permit, if appkable. 550"ey Awme.Stilts 400 z Foil VAMM,Texos 76107&Tel:817.335,1121 'Z fox:817.335.7437 dunowayassocloles.com Amendment No.7 February 20, 2014 Page 4 6.0 Basic Fee A summary of the total projed is as follows: MWBE Provided Original Contract $ 726,110 Amendment #1 $ 7,757 Amendment #2 $ 110,428 Amendment #3 $ 25,524 Amendment #4 $ 155,902 Amendment #5 $ 17,705 Amendment #6 $ 42,750 Amendment #7 61376 0.0° TOTAL BUDGET $1,147,551 20.7% Surrrrrvary for Amendment#7 by Task: Description: FEE Request Task 1.0 Project Management $ 13,899.00 Task 2.0 Additional Paver Detail Sheet $ 3,357 50 Task 3.0 Consistency Report for EA $ 4,432.00 Task 4.0 CDC Coor it ation $ 2,286.25 Task 5.0 to 5.7—Section 404 Individual Permit(IP) $ 37,510.00 Total $ 61,37&00 Summary for Amendment#7 by firm: Prsroentpe of Amer4merlt Dumaway Associates LP. $ 58,033 94.6% AECOM 3.3 5.40/6 Total $ 61375 100.00/0 Please review the enclosed Information. Do not hesitate to call me if you have any questions or require additional Information regarding tNs proposal. sin(wety, DUNAWAY ASSOCIATES, L.P. Grady Beachum, P.E. Sr. Project Manager Public Sector Services 550 BoleyAvenue,Suite 400;' Port ftrlh,Texas 76107 a Tel:817.335.1121 ` Fae:817.335,7437 = durKwmyosw1ctes.rom k z -W s* � � t EIR 1� Z �M , I I 1' I �M� 1 � U 1� Ud da 1 1 r � ti�li I , 1 Mpf I -0-0_ 1 �• 1 1 1 ' \ '\ ` ` \ `\ v* ����` �� f o\ �. ■�' k ,��� .mil'*a -0-0 'I MMh ! I I ` 1 ,I1 1 ,, 1\ 111 \ ,, `\ , ,, ', •\I, 1 1 � _may I i 'I dY I ' � \ � \ �, ', • `� ��� � �a�� ,� �. _ _ OOAO ks Ad � , 1 _ I I-_ - I-- --i •1e I it to � S-s I 1 � = 1 I ! �Ur d n 1 I `d I!q!4x3 Y M • i 1 1- •t Appendix A Billing Back-Up Wednesday, November 13, 2013 4:40:23 PM Project 2006328.001 East First Street Date Hours Amount Beachum, Grady 9/24/2012 4 620 Beachum, Grady 3/14/2013 2 310 Beachum, Grady 7/10/2013 2.5 387.5 Beachum, Grady 8/27/2013 0.5 77.5 Beachum, Grady 8/29/2013 1 155 Milakovich, Ryan 12/3/2012 0.5 77.5 Milakovich, Ryan 2/27/2013 0.25 38.75 Beachum, Grady 7/10/2013 2.5 387.5 Beachum, Grady 8/27/2013 0.5 77.5 Beachum, Grady 8/29/2013 1 155 Total 14.75 2286.25 Year Hours Rate Amount Senior Project Engine( 2013 14.00 155.00 2170.00 Project Manager 2013 0.75 155.00 116.25 Total Labor 2286.25 ) \ \ E `k ®$/=# \ E $! ;e- �Io ' »wall-` M k� CL LUw\co §\§I � w uj \ ( ) w . z ! � )) � - � 7 � � k 'DO E § aw � � d m � 2mz © 2m � § ^ o � � — . 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