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HomeMy WebLinkAboutContract 50333-A2 CSC No.50333-A2 AMENDMENT No.2 TO CITY SECRETARY CONTRACT No. 50333 WHEREAS, the City of Fort Worth (CITY) and Dunaway Associates, LP, (ENGINEER) made and entered into City Secretary Contract No. 50333, (the CONTRACT) which was administratively authorized on the 5th day of March, 2018 in the amount of $ 81, 300; and WHEREAS, the contract was subsequently revised by Amendment No. 1 in the amount of $17, 928 . 00 which was authorized December 24, 2018; and WHEREAS, the CONTRACT involves engineering services for the following project: TRAIL DRIVE EXTENSION CONSTRUCTION ADMIN AND STAKING; and WHEREAS, it has become necessary to execute Amendment No. 2 to the CONTRACT to include an increased scope of work and revised fee. This increased scope of work was due to unexpected coordination efforts required to move the Preliminary Plat through city review and approval including coordination with Land Rights . 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 letter, 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 $10, 660 . 50 . (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 $109, 888 .50 . 3 . City of Fort Worth OFFICIAL RECORD Professional Services Agreement Amendment No.1-Trail Drive CS50333 CITY SECRETARY CFW Official Release 9/19/2017 Page 1 of 4 FT.WORTH, TX 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 Associates, LP Dana&randofF Dana Burghdoff(gep 15,202015:03 CDT) Dana Burghdoff o s h W r fight, PE Assistant City Manager Discipline Lead II DATE: Sep 15, 2020 DATE: 06/05/2020 APPROVAL RECOMMENDED: William Johnson Director, Transportation & Public Works Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements . Rau l ERau I E Lopez ,202019:23 CDT) Raul Lopez, PE Program Manager City of Fort Worth OFFICIAL RECORD Professional Services Agreement Amendment No.1-Trail DriveCS50333 CITY SECRETARY CFW Official Release 9/19/2017 Page 2 of 4 FT.WORTH, TX APPROVED AS TO FORM AND LEGALITY: M&C: 20-0624 Date: 9/1/2020 DBlack(Sep 11,202016:32 CDT) Douglas W. Black HB 1295: 2020-647592 Assistant City Attorney �.d440pIl� as Fonr Q Ila � a °°o ATTEST: per° °o�.�d �vo o ° =d � TEX Asoa �bbnaa44 Mary J. Kayser City Secretary City of Fort Worth OFFICIAL RECORD Professional Services Agreement Amendment No.1-Trail Drive CS50333 CITY SECRETARY CFW Official Release 9/19/2017 Page 3 of 4 FT.WORTH, TX FUNDING BREAKDOWN SHEET City Secretary No. 50333 Amendment No. 2 Department Fund-Account-Center Amount TPW 30100-0200431-5330500-100742-002380-9999 $10, 660 . 50 Total : $10, 660 . 50 City of Fort Worth Professional Services Agreement Amendment No.1-Trail Drive CS50333 CFW Official Release 9/19/2017 Page 4 of 4 O DUNAWA y Dunaway No. P000319.011 Firm Registration #10098100 June 5ro, 2020 Raul Lopez, PE Transportation and Public Works Department City of Fort Worth 200 Texas Street, Fort Worth, 76102 Via e-mail: Raul.Lopez@forthworthtexas.gov Reference: Proposal for Professional Land Surveying Services Trail Drive, Fort Worth— Final Plat Amendment No. 2 to Contract No. 50333 Mr. Lopez: Thank you for considering the additional efforts required to move the Trail Drive final plat through city processes over the last year and a half. Scope of services in the previous amendment No. 1 included preliminary plat and final plat efforts, however it was assumed at that time that the plat efforts would be mostly a straight-forward Final Plat as a formality with minimal work being needed for preliminary platting and approvals. Once that effort was initiated, the city required Dunaway to proceed through full Preliminary Plat review which consumed the majority of funds originally allocated for Final Plat. Additionally, significant coordination was required to determine how existing FWISD ROW dedications were to be presented in the Plat. With those unexpected efforts in mind, Dunaway Associates, L.P. (Dunaway) is pleased to submit for your consideration this proposal for professional land surveying services (platting) on the above-referenced project. Based upon your request for the Trail Drive Final Plat Recordation in the Cultural District of the City of Fort Worth,we believe the following scope of professional services will address the City of Fort Worth (Client) needs for this project. Executive Fee Summary 1. Final Plat.................................................................................................... $10,660,50 HNTE Total: Hourly Not to Exceed $10,660.50 FEE Dunaway proposes to provide the scope of work described below for a fee as shown above. All administrative and application fees required by review authorities will be paid by the Dunaway and are included in Dunaway's proposed fee. DETAILED SCOPE OF WORK 1. Final Plat— Dunaway will finalize comments to the preliminary plat and prepare the Final Plat in accordance with City of Fort Worth requirements. This plat will be based upon Corporate: 550 Bailey Avenue,Suite 400 3 Fort Worth,Texas 76107 r Tel:817.335.1 121 - Fax:817.335.7437 S dunawayassociates.com Fort Worth 3 Austin Midland 0 San Antonio Proposal for Professional Land Surveying Services Trail Drive, Fort Worth— Final Plat Page 2 existing Boundary Survey completed by Dunaway and will be signed and sealed by a Registered Professional Land Surveyor licensed in the State of Texas and will be submitted for approval by the City of Fort Worth and subsequently to the County Clerk's office for recording. Dunaway will set final lot pins in accordance with controlling authority's City of Fort Worth and Tarrant criteria. Scope includes all necessary fees. This amended scope of work includes effort that was required to address review comments following submittal of the original Preliminary Plat. Only those services specifically mentioned in the Scope of Work section are offered as a part of this proposal. ADDITIONAL SERVICES The following is a partial list of services that are not anticipated to be required for your project and are not proposed to be provided by Dunaway. Some of these services can be provided if they are desired or if it is later determined that they are necessary. In general, additional services will be authorized either by a contract amendment or a separate proposal. 1. Boundary Survey beyond the right-of-way of Trail Drive and Farm House Way(previously Van Zandt Lane). 2. Survey services such as as-built surveys, platting and easements by separate instrument. 3. Public Meetings If this proposal meets with your approval, please indicate so by signing below and returning one copy to our office as our notice to proceed. We appreciate the opportunity to assist you with this project and look forward to its success. Respectfully submitted, Josh Wright, PE DUNAWAY ASSOCIATES, L.P., Agreed &Accepted a Texas limited partnership CITY OF FORT WORTH By: Name: J Wright,46E, CFM Discipline Lead II Title: Date: Fort Worth 0 Austin Midland 4 San Antonio dunawayassociates.com ATTACHMENT B COMPENSATION Construction Administration and Staking Services for Trail Drive Extension Re. City Project No. 100742 -vAmend No. 2 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2020 Rate 2021 Rate* $/hour $/hour Project Director 220 231 Project Manager 171 180 Project Engineer— Civil, Traffic, Structural 160 168 Project Engineer- Landscaping 138 145 Engineer-In-Training 127 133 Civil Designer 127 133 Sr. Project Manager- Survey 171 180 Party Chief- Survey 143 150 Field Assistant-Survey 66 69 Sr. Survey Technician 121 127 Administrative 94 99 * Rates after December 31, 2020 are subject to change. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Dunaway Associates, LP Construction Administration, $10,660.50 1001, Construction Survey Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants TOTAL $10,660.50 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE $ $ City MBE/SBE Goal =_% Consultant Committed Goal =_% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 § to LL 03 CD CD CD LU f ) cc ® -- 40 to to to to tol - 4-0 S S C a £ d 1! z 0 CD CD § k� 2 -0 L � § § cq CD CD CD i < % —� oMT § _ § Z I A C _ ■ o D 2 0 ® » © o a E C W k § @ ^ @ o k § 0 2 k ■ - 2 a % x z 0 �:%.6 a t k CIT 2 Q a . 'ca > Q 2 § 0- 2 wo Lu7 CD CD CD » I � A B . 6 � . d z / , 2 2 � Q ai i ■m . §§ 0 -5 ■ so- - 2a u § 2 1p - E IL �£2 ƒ0 � | � k ` ƒ� ' �k� ) o c ■ ) u� � E � a- ■ eQ RQ °° QQ CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-647592 Dunaway Associates, LP Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/22/2020 being filed. Trail Drive, Fort Worth- Final Plat Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 50333 Amendment No. 2 to Contract No. 50333 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Galbreath,Tom Fort Worth,TX United States X Wilde,Chris Fort Worth,TX United States X Williamson,Jason Fort Worth,TX United States X Eubanks, Ross Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Tom Galbreath and my date of birth is 09/16/60 My address is 550 Bailey Avenue, Suite 400 Fort Worth TX , 76107 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 22 day of July 20 20 (month) (year) Signatur of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d 9/3/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 9/1/2020 REFERENCE **M&C 20- LOG NAME: 20TRAIL DRIVE NO.: 0624 APPROPRIATION CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 9)Authorize Execution of Amendment No. 2 to the Professional Services Agreement with Dunaway Associates, LP, in an Amount Not to Exceed $10,660.50 for a Revised Contract Amount of$109,888.50 for the Trail Drive Extension Project, Adopt Appropriation Ordinance and Update the FY2020-2024 Capital Improvement Plan RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No. 2 to the professional services agreement with Dunaway Associates, LP, City Secretary Contract No. 50333, in an amount not to exceed $10,660.50 for a revised contract amount of $109,888.50; and 2. Adopt the attached appropriation ordinance adjusting the receipts and appropriations in the General Capital Projects fund by increasing receipts and appropriations in Trail Drive Extension project (City Project No. 100742) for additional project costs in the amount of $13,000.00 and by decreasing receipts and appropriations in the Contract Street Maintenance project (City Project No. P00020) by the same amount. DISCUSSION: On March 5, 2018, a professional services agreement with Dunaway Associates, Inc was approved administratively in the amount of$81,300.00 to provide construction staking and construction phase administration for the Trail Drive Extension project from University Drive to Lancaster Avenue. On December 21, 2018, Amendment No. 1 to the professional services agreement was administratively approved in the amount of$17,928.00 for right-of-way (ROW)vacation and platting services. This Amendment No. 2 is required to supplement the platting services which have required considerable more time and effort than anticipated. Amendment No. 1 included basic preliminary plat and final plat efforts, as it was assumed at that time that a full preliminary plat process would not be needed. A full preliminary plat review, however, was determined to be required which consumed the majority of funds originally allocated for that portion of Amendment 1, as well as significant coordination efforts to determine how the existing Fort Worth ISD right-of-way dedication by separate instrument is to be presented on the final plat. Additional funds in the amount of$13,000.00 are needed for project management, support services and contingencies to complete the outstanding activities and the project close out process. The following table demonstrates the funding history for the project: Fund Existing Additional Project Total Funding Funding 30106 - Intergovernmental Contribution $2,800,000.00 $0.00 $2,800,000.00 30100 - General Capital Projects $1,444,597.00 $13,000.00 $1,457,597.00 34017 - Tax Note 2017 $3,000,000.00 $0.00 $3,000,000.00 56002 - W&S Capital Projects $228,500.00 $0.00 $228,500.00 Project Total $7,473,097.00 $13,000.00 $7,486,097.00 apps.cfwnet.org/council_packet/mc_review.asp?I D=28193&councildate=9/l/2020 1/2 9/3/2020 M&C Review Funding for this project was not included in the FY2020-2024 Capital Improvement Plan due to the project being scheduled to be completed in FY 2019. The additional funding for this project was initially appropriated for pay-as-you-go maintenance funding for Street Maintenance. However this appropriation will not defer any Street Maintenance funds as available residuals are being used to fund this project. The action in this M&C will update the FY2020-2024 Capital Improvement Plan. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Contract Street Maintenance project within the General Capital Projects fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the General Capital Projects fund for the Trail Drive Extension project to support the approval of the above recommendations and execution of the amendment. Prior to an expenditure being incurred, the Transportation & Public Works Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 20TRAIL DRIVE APPROPRIATION 30100 A020.docx M&C CPN100742 Trail Drive Map.pdf apps.cfwnet.org/council_packet/mc_review.asp?ID=28193&councildate=9/l/2020 2/2