HomeMy WebLinkAboutContract 29328 AMENDMENT NO.2
STATE OF TEXAS 8 CITY SECRETARY CONTRACT NO. sfi'
COUNTY OF TARRANT 8
WHEREAS, the City of Fort Worth (CITY) and Kirnley-Horn & Associates, Inc.,
(CONSULTANT) made and entered into City Secretary Contract No. 24975, (CONTRACT) which
was authorized by the City Council by M&C C-17461 on the 8th day of June, 1999; and
subsequently revised by Amendment No. 1 which was authorized by the City Council by M&C C-
18260 on the 3rd day of October 2000; and
WHEREAS, the CONTRACT involves professional services for the following project:
North Main Street between the Tarrant County Courthouse and 28th Street.
WHEREAS, it has become necessary to execute Amendment No. 2 to said Contract to
include an increased scope of work and revised maximum 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 letter dated November 5, 2003, a copy of which is attached hereto and
incorporated herein. The cost to City for the additional design services to be performed by
Engineer total $164,500.00.
2.
Article II of the CONTRACT is amended to provide for an increase in the maximum 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 not exceed the sum of $635,500.00.
3.
Paragraph B of Article IV of the CONTRACT is hereby amended to include the following:
All design plans shall be prepared by, or under the direct supervision of, a Texas
licensed professional engineer, and all landscape architecture design under a Texas licensed
landscaped architect. The CONSULTANT shall design the PROJECT to comply with all current
City of Fort Worth, Texas Department of Transportation (TxDOT) and Texas Department of
Labor Relations (TDLR) regulations. Any design changes required to comply with these
regulations shall be made be the CONSULTANT at its own cost and expense.
4.
Paragraph I of Article IV of the CONTRACT is hereby amended to be and read as
follows:
Mc MY
Fy, 21
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for -the
participation of minority business enterprises and woman business enterprises in City contracts.
Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet
that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Engineer may result in the termination of this agreement and
debarment from participating in City contracts for a period of time of not less than three (3) years.
5.
CONSULTANT acknowledges that it has committed to additional M/WBE participation in
the amount of 25% for Amendment #2. The Engineer's overall commitment for the CONTRACT
remains unchanged.
6.
All other provisions of the Contract, which are not expressly amended herein shall remain
in full force and effect.
EXECUTED on this the day of 42003, in Fort Worth, Tarrant County,
Texas.
ATTEST: CITY OF FORT WORTH:
By
Glo Pearson, City Secretary arc O
Ci Secretary Assista tt
City Manager
APPROVAL RECOMMENDED: APPROVED AS TO FORM & LEGALITY:
Robert Goode, P.E., Director Gary Steinberger
Transportation/Public Works Department Assistant City Manager
ATTEST: KIMLEY-HORN & ASSOCIATES, INC.
CONSULT
r C. Hatchell, RLA, ASLA Thomas L. Whalen
Senior Project Manager Production Manager
contract Authorization
Dates Q40391 IWO
Kimley-Horn
and Associates, Inc,
November 5, 2003
3,
Suite 1800
Ms. Christa Sharpe 12700 Park Central Drive
TransTransportation and Public Works Department Dallas,texas
P P 75251
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76102
Re: North Main Street Project—Revised Scope (Final 11/5/03)
Dear Ms. Sharpe:
As per the City's direction, we have been "on-hold" while further considerations
have been studied to insure that the extent of the revisions required by TXDOT and
THC were fully known. At our meeting on 9/17/03, we were asked by the City to
prepare a revised final version of the previously submitted scope and fee
amendment with regard to the following:
1) Additional work due to project delays, additional meetings, and
expanded work scope.
2) Additional work due to revisions to the Previously Approved Plans by
the City to Comply with TXDOT standards.
3) Final comments regarding brick pavers, the new Mercado project, and
preparation of an OnCor landscape easement at the Paddock Viaduct.
We began this process by reviewing the current status of our contracts with the City:
Phase L• North Main Corridor Study
Total Fee: $180,000
Amount Earned: $180,000
Balance Remaining: $0
Percentage Complete: 100%
Phase H. North Main Pilot Project Construction Documents
Total Fee: $291,000
Amount Earned: $291,000
Balance Remaining: $0
Percentage Complete: 100%
0
TEL 972 770 1300
FAX 972 239 3820
Kimley-Horn
�. and Associates, Inc.
The second part of this review consisted of a review of the completion of Phase I
and Phase II (Tasks 1, 2, 3, and 4.) Since the project files are extensive, and span
over almost four years, we developed a document entitled North Main Street Phase
I and II Project Narrative for reference by the proj ect management team.
The third portion of our review was with respect to Additional Services due to
revisions in scope,project timeline, and quantity of meetings. The work beyond the
portion of work done in the current contract can be quantified as follows:
Additional Services (Tasks 2, 3, and 4)Meetings Only
Meeting Cost Estimated at 2.5 KHA Staff x$100/HR x 4 Hours= $1000.00
Actual Scope was for twenty-four meetings at$1,000= $24,000.00
Original Scope was for thirteen meetings at$1,000= $13,000.00
$11,000.00
TotalAdditional Costs due to Work beyond Scope $11,000.00
The final and most difficult part of the review has been to quantify the extent and
impact of the latest required changes by TXDOT and the THC. After a great deal of
work by the City and the consulting team, the following scope and fee was
developed to make the final required revisions to the scope and fee:
Additional Services (Final Modifications per TXDOT and THC)
Additional Project Management
Ten months at$1,142.86/month(Approx.) $].1,500.00
Plan Revisions
Civil/Site Development $45,000.00
Landscape/Irrigation $25,000.00
Lighting/Electrical $25,000.00
TXDOT Coordination/Standardization $20,000.00
$115,000.00
Additional Survey Work Allowance $9,500.00
(Additional surveying as required by TX DOT modifications
and to incorporate new built items since original survey.
Preparation of a landscape easement document for OnCor at the
Paddock Viaduct Area.)
Kimley-Horn
C.❑ and Associates, Inc.
Additional Work to Coordinate w/Vaquero Sculpture 55,000.00
(Additional meetings and design work to coordinate with the
Vaquero sculpture team so that the base and plaza for the
sculpture is incorporated into the revised North Main
Plans.)
Expense Allowance
Mileage,Progress Prints, Plots, Etc. $9,500.00
Public Meetings/Presentation Allowance
Three @ $1,000/Meeting $3,000.00
Total Additional CostsforFin alModifications $153,500.00
Additional Fee dire to Work Beyond Scope $11,000.00
Total Proposed Contract Amendment $164,500.00
In summary, and despite the best intentions and hard work of the City, North Main
Oversight Committee, and the Consultant, multiple delays beyond our control have
affected the progress and have expanded the scope of this work. These included:
1) Additional time requirements (additional meetings and project management.)
2) Pauses to allow planning decisions on the La Grave Field and other vital
economic development initiatives to be resolved.
3) Ongoing changes to Federal (and subsequently TXDOT) standards and
procedures with respect to the project impacting the scope and construction
budget.
4) Time to resolve environmental and Texas Historical Commission requirements.
We respectfully request that City proceed with an amendment to the contract so the
project can be completed as per the new requirements.
Sincerely,
Kimley-4,0rn and Associates,Inc.
Kilark C. Hatchel, RLA,ASLA
Associate/Senior Project Manager
Attachments:
0 Revised Project Schedule Dated 11/11/03
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/11/2003 - Ordinance No. 15743
DATE: Tuesday, November 11, 2003
LOG NAME: 20NORTH MAIN REFERENCE NO.: **C-19846
SUBJECT:
Contract Amendment No. 2 with Kimley-Horn and Associates, Inc. for North Main Street Streetscape
Improvements and Appropriation Ordinances and Transfer from Contract Street Maintenance Fund
to the Specially Funded Capital Projects Fund for Construction of a Public Art Sculpture in the North
Main Street Corridor
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Amendment No. 2 to City Secretary Contract (No. 24975) with
Kimley-Horn and Associates, Inc. for additional design services and construction document revisions
for three streetscape pilot projects in the North Main Street corridor between the Tarrant County
Courthouse and 27th Street for an additional fee not to exceed $164,500, thereby increasing the total
contract amount to $635,500; and
2. Authorize the transfer of$95,000 from the Contract Street Maintenance Fund to the Specially Funded
Capital Projects Fund; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund by $95,000 from available funds for the construction of a
public art sculpture in the North Main Street corridor.
DISCUSSION:
Included in the $164,500 contract amendment are additional design fees required to revise the final
construction plans and specifications in accordance with.Texas Department of Transportation (TxDOT) and
Texas Department of Labor Relations (TDLR) standards. The TDLR standards changed while the designs
were being prepared and now the plans must be revised to meet the new standards. In addition, significant
plan revisions are required to accommodate the Texas Historic Commission requirements of the project.
The contract amendment also covers additional design fees for an expanded project scope including
additional meetings, project management, document preparation for easements, and plan changes
requested by the City to accommodate new development occurring in the project areas.
The $164,500 also includes $11,000 for services already provided by Kimley-Horn and Associates, Inc. for
additional coordination and review meetings with members of the North Main Oversight Committee and
property owners and $5,000 for the redesign of the site identified for the placement of a Vaquero sculpture,
which is to be located at the northwest corner of North Main Street and Central Avenue. Kimley-Horn and
Associates, Inc. will be working with the selected artist and the community group to redesign the site to
accommodate the Vaquero sculpture.
At the end of the conceptual design phase of the North Main Streetscape project, the North Main Oversight
Logname: 20NORTH MAIN Page 1 of 3
Committee requested a breakdown of the project budget to reflect the design items approved by the
Committee. The budget that was presented set aside $100,000 of the 1998 Capital Improvement Program
(CIP) funds allocated for the North Main Streetscape project for public art within the North Main Street
corridor.
It has since been determined that the public art is not an allowable expense under the 1998 bond
covenants, since public art was not included in the 1998 CIP. In order to honor the commitment of having
public art as a part of the North Main Streetscape project, staff has identified funds in the Transportation
and Public Works Department operating budget for Contract Street Maintenence that can be used for this
purpose. Correspondingly, we propose to use the $95,000 for 1998 CIP street projects to offset the
reduction of funds in Contract Street Maintainence. The North Main Streetscape project budget will pay for
the $5,000 for the redesign of the selected site for the public art sculpture since the design of the site is a
part of the overall streetscape project.
Kimley-Horn and Associates, Inc. has committed to completing all the additional design and construction
document revisions within three months. With this schedule, the construction documents will be submitted
to TxDOT in mid-February 2004. Review by TxDOT takes an estimated six months, after which, the project
would be advertised for construction by TxDOT in July 2004. With approval of this Mayor and Council
Communication, there will be $3.4 million in City and federal transportation funds available for construction
of the North Main Streetscape project and $95,000 available for construction of the Vaquero sculpture.
City staff considers these fees to be reasonable considering the extensive plan revisions that are required.
Kimley-Horn and Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to an
additional 25% M/WBE participation on this Amendment No. 2. The City's goal on this amendment or extra
work is 25%.
BACKGROUND
The 1998 CIP included $1.5 million for urban design improvements to the North Main Street corridor from
the Tarrant County Courthouse to 28th Street. On June 8, 1999 (M&C C-17461), the City Council
authorized the City Manager to execute an agreement with Kimley-Horn and Associates, Inc. in the amount
of $280,000 for Conceptual Urban Design plans for the entire corridor and for construction plans for one
pilot project.
The Conceptual Design Plans recommended the preparation of construction plans for three pilot projects
instead of one. The three pilot projects are as follows:
Paddock Gateway (Viaduct to 5th Street)
Mercado (Northside Drive to 20th Street)
Stockyards Gateway (25th Street to 27th Street)
In order to pay for these additional pilot projects, the City applied for federal transportation funds for this
project and was awarded $2,232,960 in Statewide Transportation Enhancement Program funds and
$400,000 in Transportation and Community System Preservation funds in 2000. On September 19, 2000
(M&C G-13013), the City Council authorized the execution of a Local Project Advance Funding Agreement
with TxDOT for these funds.
On October 3, 2000 (M&C C-18260), the City Council authorized the City Manager to execute Amendment
No. 1 with Kimley-Horn and Associates, Inc. in the amount of $191,000 for additional design work to include
construction plans and specifications for the three pilot projects.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATIONXERTIFICATION:
Logname: 20NORTH MAIN Page 2 of 3
The Finance Director certifies that, upon approval of the above recommendations and adoption of the
attached appropriations ordinance, funds will be available in the current capital budget, as appropriated, of
the Street Improvement Fund and Specially Funded Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
2) GC35 472093 002002002000 $95.000.00 1)C115 531200 020115023236 $164.500.00
3)GC35 472093 002002002000 $95.000.00 2)GS93 538070 020930578010 $95.000.00
3) GC35 539120 002002002000 $95,000.00
Submitted for City Manager's Office by: IVlarc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Christa Sharpe (8009)
Logname: 20NORTH MAIN Page 3 of 3