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CONTRACT NO. ; ��
AMENDMENT NO. 3
STATE OF TEXAS § CITY SECRETARY CONTRACT NO.
(M&C Attached)
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth (City) and Teague, Nall & Perkins, Inc.
(Engineer) made and entered into City Secretary Contract No. 18401 (the Contract)
which was authorized by the City Council by M&C C-12810 on the 15th day of April,
1991; and subsequently amended by two(2)previous amendments; and
WHEREAS, the Contract involves engineering services for the following project:
Engineering Contract for the Design of Reconstruction of Schwartz Avenue from
28`h Street to Long Avenue
WHEREAS, it has become necessary to execute Amendment No. 3 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 1, Services, of the Engineer, of the Contract is amended to include the
additional engineering services specified in a proposal letter dated February 17, 2000, a
copy of which is attached hereto and incorporated herein. The cost to City for the
additional services to be performed by Engineer total $33,700.00.
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$115,990.00.
3.
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 , 1�� in
Fort Worth, Tarrant County, Texas.
APPROVAL RECOMMENDED: APPROVED:
A.Douglas Rademaker, P.E. Mike Groomer
Director, Department of Assistant City Manager
Engineering
TEAGUE,NALL & PERKINS, INC.
ENGINEER
A ST:
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ez
Gloria Pear n, City Secretary
By:
Name: k'7 � 6U
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Contract Authorization
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Date
APPROVED AS TO FORM AND LEGALITY:
Gary Stein erger
Assistant City Attorney
(• 1 Iron
ff�P TEAGUE NALL AND PERK/NS
ENGINEERS ♦ SURVEYORS ♦ MUNICIPAL CONSULTANTS
February 17, 2000
Mr. Gopal Sahu, P.E.
Project Manager, Dept of Engineering
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Re: Schwartz Avenue Reconstruction
DOE No. 0285
TNP No. FTW91016
Dear Gopal:
On January 20, 2000 1 sent, at your request, a revised Contract Amendment No. 3 for the
referenced project. Subsequently you requested a more detailed breakdown of the
charges that made up that amendment due to your feeling that the total amendment fee
was too high. Pursuant to that request, the following is a si!mmary of selected charges
related to this project during throughout the time period covered by the proposed
amendment. Our internal report documents were revised to eliminate some water line
revisions that probably belong in the original project scope, to eliminate some of the
bidding assistance provided during the second phase of the project, and to eliminate the
time spent throughout the subject time period developing and processing the various
iterations of Amendment No. 3. 1 have calculated that the time spent on the amendments
alone is considerably over $2,000.
LABOR
Hours Subtotal
Principal 0.75 $ 122.88
Project Manager 163.00 $14,858.59
EIT 221.75 $11,538.77
CAD Operator 153.50 $ 7,880.50
Clerical 9.75 $ 286.51
Total Labor $35,235.76
PLOTTING & COPIES (In-house) $ 1,090.70
REPRODUCTIONS (Hugo C. Trevino) $ 3,649.81
TOTAL $39,976.27
As I predicted in my letter to you dated January 20, 2000 the total charges actually amount
915 FLORENCE SNEFT
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FORT WORTH, TEXAS 76102W'(817)JJ6-577JP, ?I� ?�`FAX(817)JJ6-281J Ups '�i'� n �I it t
Mr. Gopal Sahu, P.E.
February 17, 2000
Page 2
to significantly more than the proposed amendment, which is for $33,700. Much of the
work under this amendment done in 1998 was done based on a series of proposals to you.
On several of those iterations, we spent more time than I had expected, but I have honored
those estimates in developing the final amendment figure. Of course, we will honor the
proposed amendment request of$33,700. The figures tabulated above are offered only to
support the requested amendment. Further itemization or compilation would be
exceedingly time intensive. Please keep in mind that the most recent amendment request
sent on January 20, 200 is the aggregate of at least four previous requests. I do not recall
any indication that any of those previous requests were considered excessive. Rather,you
repeatedly told me not to worry about them, but to please proceed with the work. As you
are aware, we have done so in good faith.
We respectfully request that you immediately approve the January 20, 2000 amendment
request and begin the necessary processing.
Feel free to call if you have any questions or need further information.
Sincerely,
TEAGUE NALL AND PERKINS, INC.
Gary L. Vickery, P.E., CFM
Encl.
cc: Rick Trice, P.E.
Q:\PROJ-R14\FTW91016\DOCS\JANOOAM.BACKUP.DOCJ;G��I`
jff�P TEAGUE NALL AND PERK/NS
ENGINEERS • SURVEYORS ♦ MUNICIPAL CONSULTANTS
January 20, 2000
Mr. Gopal Sahu, P.E.
Project Manager, Dept of Engineering
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Re: Schwartz Avenue Reconstruction
DOE No. 0285
TNP No. FTW91016
Dear Gopal:
As we have discussed on numerous occasions, several changes in the scope of the project have
occurred due to changes in physical conditions on the ground, changes in regulatory requirements,
and changes in City of Fort Worth standard design requirements. This request for a contract
amendment is intended to cover those changes in scope for services already rendered, as well as
for additional services related to completion of the channel. As you know, we have continued to
work in good faith to complete this project even without benefit of an approved amendment.
Because it was determined by the City not to construct the channel,the services represented by this
amendment have all been completed at this time.
Update plans and specs to conform to current City standards.
Plans for this project were begun in 1991 and substantially completed in 1993. Based on
DOE reviews, it appears that greater detail is now required on the plans. In addition, there
have been some changes in the policy regarding sidewalks, handicap ramps, etc. Finally,
there has been significant additional effort required to resume work on the project after a
lengthy delay,during which time the industry standard for plan production has changed from
manual drafting to computer drafting.
Update plans and specs to reflect existing site conditions.
The plans have been revised to address changes in physical conditions on the site,
including reconstruction of Dewey Street, which crosses Schwartz Avenue. Street grade
changes were required to accommodate the design of this intersection. In addition,we have
visited the site to ensure that changes in driveways, sidewalks, etc. have been addressed.
Split project into two contracts for bidding purposes.
Because of some difficulty in acquiring the property necessary for construction of the
channel,some delays have been experienced. In order to allow construction to begin, it was
determined that the water line replacement could be separated from the street project.
Plans, specifications and bid documents were prepared for the water line replacement,
construction of which has subsequently been completed. Bid documents for the street
reconstruction were also prepared for use when all necessary right-of-way had been
acquired.
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915 FLORFNCF STRFFT I = "I!`_ISIIWU Ul
FORT*VRTH, TEXAS 76102 f >q
(817) JJ6-5773 1, d t�Eb�(:o
FAX(817) J36-2813 ---
Mr. Gopal Sahu, P.E.
January 20, 2000
Page 2
Reevaluation of street grades.
In an effort to minimize cuts and more nearly match existing conditions on the ground, the
street grades where reevaluated and revised. The original design was based on design
speeds and sight distances, while the revised design takes some liberties with the sight
distances. This provides a less intrusive and disruptive design and less adverse impact on
existing driveways, etc.
Add bid alternate for a Pre-Cast Box Culvert.
The original design specifies a poured-in-place multiple box culvert. The plans have been
revised to provide a bid alternate for a pre-cast box culvert for price comparison.
Prepare a Storm Water Pollution Prevention Plan.
Erosion control plans were a part of the original design, however, these have now been
supplemented with a Storm Water Pollution Prevention Plan in order to meet NPDES
requirements.
Split Channel Plans from Street for Bidding Purposes
Because of the need to address Corps of Engineers 404 permitting (see below) and
because of some continued delays in securing all necessary right-of-way for the channel
construction, the plans and bid documents were revised again to remove the channel from
the project.
Initial Coordination with the U.S. Army Corps of Engineers Regarding a 404 Permit.
In keeping with our recent experience with the Clean Water Act and the progressive
changes in its application (keep in mind that this project began in 1991), it became apparent
that it would now be necessary to make contact with the U.S. Army Corps of Engineers
regarding the necessity of a 404 Permit. Enforcement and regulation of projects affecting
jurisdictional waters of the United States have increased sharply in recent years. Existing
regulations are due to change again in February 2000. We have had a preliminary meeting
with the Corps (see attached report containing recommendations) to discuss this project,
and reported our findings along with my letter to you dated August 13, 1999. That report
indicated that we believed it would be possible to revise the channel design to meet current
Nationwide Permit requirements. We met with you, Don McChesney and Cindy Robinson
on August 23, 1999 to discuss alternative solutions regarding the proposed channel. At that
meeting we were instructed, due to the short time frame associated with the proposed 404
regulation changes, to proceed with preparation of a submittal package to the Corps while
the final decision regarding the channel was made by the City.
TOTAL COST OF AMENDMENT No. 3 $ 33,700
Q:\PROJ-R14\ftw91016\DOCS\jan00am.doc --- --
CC 0
IT,
Mr. Gopal Sahu, P.E.
January 20, 2000
Page 3
CONTRACT SUMMARY
Alternate 1
Original Contract April 16, 1991 $ 50,200
Amendment No. 1 Nov. 17, 1992 $ 14,000
Amendment No. 2 May 28, 1996 18,090
Current Contract Amount $ 82,290
Proposed Amendment No. 3 $ 33,700
Proposed Maximum Contract Amount $115,990
As you know, construction plans for Schwartz Avenue are now complete, and bids have been
received, and construction has begun. It is our desire to complete the processing of this
amendment as quickly as possible, since a large portion of the above described work has been
completed, much of it over two years ago.
Feel free to call if you have any questions or need further information.
Sincerely,
TEAGUE NALL AND PERKINS, INC.
-Z:5�z� -
Gary L. Vickery, P.E., CFM
Encl.
cc: Rick Trice, P.E.
Q:\PROJ-R14\ftw91016\DOCS\jan00am.doc (^�)
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City of Fort Worth, Texas
"Slylor and COundl Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/9/00 **C-17999 1 30WARTZ 1 of 2
SUBJECT AMENDMENT NO. 3 TO CONTRACT WITH TEAGUE, NALL & PERKINS, INC. FOR
ENGINEERING SERVICES ON SCHWARTZ AVENUE FROM 28TH STREET TO
LONG AVENUE
RECOMMENDATION:
It is recommended that the City Council authorize the City manager to execute an amendment to City
Secretary Contract (No. 18401) with Teague, Nall & Perkins, Inc. for additional design services on
Schwartz Avenue from 28th Street to Long Avenue for an additional fee not to exceed $33,700.
DISCUSSION:
On April 16, 1991 (M&C C-12810), the City Council authorized a contract with Teague, Nall & Perkins,
Inc. to provide plans and specifications for improvements to Schwartz Avenue from 28th Street to Long
Avenue in the amount of$50,200.
On November 17, 1992 (M&C C-13620), the City Council authorized an amendment to the contract in
the amount of $14,000 for the preparation of plans for drainage channel improvements and an erosion
control plan. On May 5, 1996 (M&C C-15485), the City Council authorized amendment No. 2 to the
contract in the amount of $18,090 to prepare right-of-way and easement documents that were not
included in the original contract.
The consultant was requested to split the design into three separate contracts for replacement of a
water line, street reconstruction with a box culvert over the channel north of Vera Cruz Street, and
Schwartz Avenue channel improvement. This required additional work for the consultant to perform
additional surveys to reflect changes in current site conditions, prepare two contracts for bidding, resize
street grades, prepare a Storm Water Pollution Prevention Plan, split Schwartz Avenue channel plans
from the street for bidding purposes, and coordination with the U.S. Army Corps of Engineers regarding
404 permits for the channel improvement. This work was not included in the original contract or
amendments.
It has been determined that additional work is needed to complete preparation of right-of-way and
easement documents and to submit hydraulic data to the Federal Emergency Management Agency for
the purpose of updating the flood insurance rate maps that are required as a result of the channel
project. This action will also ensure that the City's planned channel improvements have no adverse
impacts downstream of the project.
Teague, Nall & Perkins, Inc. proposes to do the additional work on an hourly basis for a fee not to
exceed,$ 3;700. Staff has reviewed the fee and has determined that it is reasonable for the work to be
performed.
Teague, -,Nall & Perkins is in compliance with the City's M/WBE Ordinance by providing M/WBE
participtition-oft this amendment No. 3.
This project is"located in COUNCIL DISTRICT 2.
City of Fort Worth, Texas
"011jor And Council communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/9/00 **C-17999 30WARTZ 2 of 2
SUBJECT AMENDMENT NO. 3 TO CONTRACT WITH TEAGUE, NALL & PERKINS, INC. FOR
ENGINEERING SERVICES ON SCHWARTZ AVENUE FROM 28TH STREET TO
LONG AVENUE
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 AMovF.A
CITY COUNCIL
Originating Department Head:
MAY 9 70011
A.Douglas Rademaker 6157 (from)
C111 531200 020111028889 $33,700.00
Additional Information Contact:
Ciecretary of the
City ty Sof Fort Worth,Texas
A.Douglas Rademaker 6157
e