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HomeMy WebLinkAboutContract 26886 STATE OF TEXAS § CITY SECRETAR § CONTRACT NO.-_ COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: CONTRACT AMENDMENT NO. 1 WHEREAS,the City of Fort Worth(City)and Kimley-Horn and Associates,Inc. (Engineer)made and entered into City Secretary Contract No. 24740(the Contract)which was authorized by the City Council by M&C No.C-17301 on March 2, 1999: WHEREAS,the Contract provides for engineering services for the following project: Repair and Repainting of the Existing 2.0 MG Meadowbrook Elevated Storage Tank and Repair of the Existing 9.2 MG Alta Mesa Ground Storage Tank WHEREAS,the City and Engineer desire to amend 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,"Scope of Services",is amended to include the additional engineering services specified in Attachment A. Article II of the Contract,"Compensation and Schedule"is amended to include the additional engineering services specified in Attachment B and Attachment C. The Engineer's compensation is set forth in Attachment B. 2. All other provisions of the Contract,as amended,which are not expressly amended herein shall remain in full force and effect. m�i G' �° CONTRACT AMENDMENT NO. 1 Page 2 EXECUTED in the City of Fort Worth,this 061dayof ,A.D.,20 0 ATTEST: TY O FORI OR By: By: —29-0/ Mike Groomer 64,;t, City Secretary- Assistant City Manager APPROVED AS TO FORM AND LEGALITY CITY OF FORT-WORTH By: By: Assistant City Attorney Director,Water Department. ATTEST: KRALEY-HORN AND ASSOCIATES,INC. By: By: Glenn A. Gary,P.E. Charles M. Staples,P.E. Vice President Senior Vice President C - / K6o(0 Contract Authorization 5- 2f-O/ Date P:\97071.00\97071 PPP\ConAmrnd l.doc a m ATTACHMENT A General Scope of Services I. GENERAL Kimley-Horn and Associates, Inc. will provide additional professional services for the rehabilitation of the Meadowbrook Elevated Storage Tank. The scope includes Coordination of Rehabilitation Options, Design, Bidding, and Construction Phase Services. II. INSPECTION OF STRUCTURE A. Engage Chicago Bridge and Iron Company (CBI)to inspect the Meadowbrook Tank and to provide a written report recommending method for structural repairs to the tank. B. Engage Trinity Engineering and Testing Corporation (TETCO) to inspect the Meadowbrook Elevated Storage Tank and provide a written report recommending method of structural repairs to the tank. III. PREPARATION OF CONSTRUCTION CONTRACT DOCUMENTS Kimley-Horn will provide construction contract documents that reflect the structural modifications recommended by the CBI and TETCO Reports. Construction Contract Documents shall include the following: 1. Removal of existing hip course plates, roof plates, and roof structure. 2. Installation of a new shop primed hip course. 3. Installation of new shop-primed roof plates and supporting roof structure. 4. Seal welded inside roof plate seams and seal welded roof plates to structural seams. 5. The interior girder shall be seal welded on top and bottom to the existing equator course plates to minimize the potential for corrosion. 6. The existing 48" � access tube will be extended to span the entire distance from the bottom diaphragm to the roof. 7. Installation of a new steel siphon type drain that empties most of the water into the inlet/outlet during drainage. 8. Modification of the existing overflow piping to obtain the AWWA recommended air- break above the ground level. 9. The addition of a silt stop to the 24"Dia inlet/outlet riser. 10. The addition of a 20' diameter roof handrail. 11. Removal and replacement of all ladders with Safe-T-Climb devices. Construction Contract Documents shall be according to City of Fort Worth Water Department Standards. v ATTACHMENT A Page 2 This item was provided as an emergency item so no bidding occurred. Kimley-Horn reviewed all proposals by CBI and made recommendations to the City of Fort Worth. IV. NEGOTIATE CHANGE IN SCOPE WITH ADVANCE CONTRACT SERVICES, INC. Kimley-Horn will prepare a revised scope for construction for the existing City of Fort Worth construction contract with Advantage Contract Services, Inc. The new scope will represent change required due to structural modification by CBI. Kimley-Horn will review all proposals from Advantage Contract Services and forward recommendations to the City. V. CONSTRUCTION PHASE SERVICES Kimley-Horn will conduct additional construction phase services due to the additional contract time and scope by CBI. Construction phase services shall be as follows: A. Visits to Site and Observation of Construction. Provide on-site construction observation services during the construction phase of the subject project. Observations will vary depending on the type of work being performed by the contractors, the location, and the contractors' schedules. Make visits to the Site at intervals as deemed appropriate by KHA in order to observe the progress of the Work. Such visits and observations by KHA are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on KHA's exercise of professional judgment. Based on information obtained during such visits and such observations, KHA will determine if Contractor's work is generally proceeding in accordance with the Contract Documents, and KHA shall keep the City informed of the general progress of the Work. The purpose of KHA's visits to the site will be to enable KHA to better carry out the duties and responsibilities assigned in this Agreement to KHA during the construction phase by the City, and, in addition, by the exercise of KHA's efforts, to provide the City a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. KHA shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall KHA have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, KHA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 1 ATTACHMENT A Page 3 C. Recommendations with Respect to Defective Work. Recommend to the City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, KHA believes that such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. D. Clarifications and Interpretations. Issue necessary clarifications and interpretations of the Contract Documents to the City as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by the City. E. Change Orders. Recommend Change Orders to the City, as appropriate. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. F. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. G. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor, but subject to the provisions of applicable standards of state or local government entities. H. Inspections and Tests. Kimley-Horn has hired Terra-Mar, Inc. to conduct daily welding, surface preparation and application. Require such special inspections or tests of Contractor's work as KHA deems appropriate, and receive and review certificates of inspections within our area of responsibility, tests, and approvals required by laws and regulations or the Contract Documents. KHA's review of such certificates will be for the purpose of determining p er�cCv t, Ely �� �����v-'ill U�)➢ o ATTACHMENT A Page 4 that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. KHA shall be entitled to rely on the results of such tests. 1. Disagreements between the City and Contractor. As necessary, render written decision on all claims of the City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, KHA shall be fair and not show partiality to the City or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. J. Applications for Payment. Based on KHA's observations and on review of applications for payment and accompanying supporting documentation: Determine the amounts that KHA recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute KHA's representation to the City, based on such observations and review, that, to the best of KHA's knowledge, information and belief, Contractors' work has progressed to the point indicated, such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is KHA's responsibility to observe Contractor's work. In the case of unit price work, KHA's recommendations of payment will include final determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, KHA shall not thereby deemed to have represented that observations made by KHA to check Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to KHA in this Agreement and the Contract Documents. Neither KHA's review of Contractor's work for the purposes of recommending payments nor KHA's recommendation of any payment including final payment will impose on KHA responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, equipment choice and usage, sequences, or procedures of construction of safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on KHA to make any examination to ascertain how or for what purposes Contractor has used the moneys paid ` ', ➢ Yeo ATTACHMENT A Page 5 on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to the City free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between the City and Contractor that might affect the amount that should be paid. K. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with the City and Contractor, conduct a final punch list inspection to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items identified on the final punch list. If after considering any objections of the City, KHA considers the Work substantially complete, KHA shall notify the City and Contractor. L. Final Notice of Acceptability of the Work. Conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents so that KHA may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, KHA shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of KHA's knowledge, information, and belief and based on the extent of the services provided by KHA under this Agreement. M. Limitation of Responsibilities. KHA shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. KHA shall not have the authority or responsibility to stop the work of any Contractor. ,21y'00 ,,11 ATTACHMENT B Compensation I. GENERAL For all additional professional engineering services included in Sections I, II, III, IV and V of the General Scope of Services included in Attachment A, the City agrees to pay the Engineer an additional lump sum fee of$49,900. The total lump sum fee of the entire project as amended herein shall be$119,900. The cost plus maximum portion of the contract shall remain $65,000. P:\97071.00\97071PPPVaT A2.&o GJERI U'U ��'�J'4.'.ry�7Mo �lSLao ATTACHMENT B Page 2 KIMLEY HORN AND ASSOCIATES, INC. RATE SCHEDULE (HOURLY RATE) Principal /Senior Principal $165 to $195 Senior Professional II $135 to $175 Senior Professional I $110 to $130 Professional II/Registered Professional $95 to $125 Professional / Professional I $77 to $120 Designer $100 to $115 CAD Operator $70 to $90 Support Staff $47 to $70 Technician $47 to $90 Effective April 1, 2000 DFF� 0�; o.Q ��0 r1u 'JIM,Ely Pic WJv,111'� H Fav ATTACHMENT C Schedule The project is currently under construction. The schedule of services will coincide with the construction schedule. City of Fort Worth, Texas "noor and Council Communication DATE REFERENCE NUMBER LOG NAME TPAGE 5/29/01 **C-18606 60AMEN-1 1 of 2 SUBJECT AMENDMENT NO. 1 TO THE ENGINEERING AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF THE REPAIR AND REPAINTING OF THE MEADOWBROOK ELEVATED STORAGE TANK, AND REPAIRS TO THE ALTA MESA GROUND STORAGE TANK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to the engineering agreement with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 23129) for the design and construction management of the Repair and Repainting of the Meadowbrook Elevated Storage Tank project, and repairs to the Alta Mesa Ground Storage Tank, increasing the total contract cost by $49,900, from $135,000 to $184,900. DISCUSSION: On September 2, 1997 (M&C C-16269), the City Council authorized the execution of an engineering agreement with Kimley-Horn and Associates, Inc. for the design and construction management of the Repair and Repainting of the Meadowbrook Elevated Storage Tank project, and repairs to the Alta Mesa Ground Storage Tank. The Meadowbrook Elevated Storage Tank had been inspected and found to be badly corroded and in need of repairs and repainting to extend the service life of the tank. In addition, alterations were required to meet Texas Natural Resources Conservation Commission and Occupational Safety and Health Administration requirements. Once the construction project started, additional extensive structural damage from corrosion was found requiring an emergency structural repair contract. This work was beyond the capabilities of the painting and construction contractor and required the services of a contractor who specializes in steel tank design, fabrication and erection. Amendment No. 1 covers the preparation of contract documents for the emergency structural repair contract and construction management including shop drawing review, inspection and weld testing for the emergency structural repair project. The structural repairs contract was initiated as an emergency project. Kimley-Horn and Associates, Inc. was directed to proceed with the work, which has been completed. A waiver of the goal for M/WBE subcontracting requirements was requested by the Water Department and approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. City of Fort Worth, Texas "agar and Coun"'I Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/29/01 **C-18606 60AMEN-1 2 of 2 SUBJECT AMENDMENT NO. 1 TO THE ENGINEERING AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF THE REPAIR AND REPAINTING OF THE MEADOWBROOK ELEVATED STORAGE TANK, AND REPAIRS TO THE ALTA MESA GROUND STORAGE TANK FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Water Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: Dale Fisseler 8207 (from) MAY 29 1001 PW77 531200 060770180100 $49,900.00 ,? Additional Information Contact: City Secretary of the Dale Fisseler 8207 City of Fort Worth,?latae