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HomeMy WebLinkAboutContract 35921-A3 (2) CITY SECRETARY -2 CONTRACT NO. AMENDMENT No.3 TO CITY SECRETARY CONTRACT No. 35921 WHEREAS, the City of Fort Worth (CITY) and James DeOtte Engineering, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 35921, (the CONTRACT) which was administratively authorized on the 25th day of September, 2007 in the amount of $ 41, 840.00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $157, 789.00 which was authorized by M&C C-24280 on June 22, 2010, Amendment Number 2 in the amount of $16, 691. 00 which was administratively authorized on October 19, 2011; and WHEREAS, the CONTRACT involves engineering services for the following project: ROLLING HILLS DRAINAGE IMPROVEMENTS; and WHEREAS, it has become necessary to execute Amendment No. 3 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 following agreement, which amends the CONTRACT: 1. Article I of the CONTRACT is amended to include the additional engineering services specified in a proposal dated July 19, 2012, 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 $22,890. 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 work and services shall be an amount of $239,210. 00. 3 . All other provisions of the Contract, which are not expressly City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 =WORTH5 Page 1 of 3 12-17-12 A09:30 IN 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 James DeOtte Engineering, Inc. Fernando Costa Jam E. eOtte, P.E. Assistant City Manager Princ DATE: / * /L DATE: 3() 0C"t , APPRO"Wiersig, DouglDirec /Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C:96id> Date: Douglas W. Black Assistant City Attorney ATTEST: r ��� 00000 0 000 0 r ° Mar J. Ka s $ o City Secret ry Q�1}°000 o00 � °0000° dtY anz1U.UU'o� City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 ffOFFICIAL RECORD Page 2 of 3 ��E9�Ap®�Y FUNDING BREAKDOWN SHEET City Secretary No. 35921 Amendment No. 3 Department Fund-Account-Center Amount TPW P227-531200-208280070480 22, 890 . 00 Total: 22, 890 . 00 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of 3 ` . James _--�������x' DeOtte ......................�T��rna' ArA ���.Engineering �������� d ID �r��gixan���»������.. ENGINEERING --------- 19 July 2W12 Mr. Brett Buff, EYT Project Manager ?9VK ' Stm,nnvvoter 900 Monroe, Suite 201 Fort Worth,Texas 78102 Ref: Amendment #3 for Construction Phase Services ROLLING HILLS DRAINAGE IMPROVEMENTS Project No. 00704;City Secretary Contract #3592l O(JE #5695 Mr. Buff, James OeO1teFngineering Inc. omp|eted |hoduzinogestudyfVrthenaferencod ' tuthemm�nded �ontroctinorder project in /\ogost2008. VYe request onamendment to provide construction phase services as described in the following package. Construction Phase Services and Fees Summary: $ 3456 P/��ectSite Visits and ReporUng ' � 2'488 RevievvShopDrovvingsqndonswerRF|'s Address Change Orders and Provide Clarification $ 6.720 Final Punch List $ l'5O4� 808O Record Drawings on My|or ' Re�rnReproduction $ 562 Amendment#3Total S 22'890 Summary Vf previous contract amendments: $ 41'840 Original Contract $ 157'789 Arnendrnent #1 $ 16'691 Annendment #2 $ 22'89O Amendmenf #3 Total Revised Contract $ 239'210 Sincerely, ]am s� E. OeOtte' P.E.' R.Pl.5. President phone 817:446:687 fox 817.930.0445 �707 Brentwood Stair Rd.Ste.520 e Fort Worth TX,76112 ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Proiects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE The objective of this project is to eliminate storm drainage related flooding in the Rolling Hills subdivision and to improve the drainage system to bring it into compliance with current City of Fort Worth drainage criteria. WORK TO BE PERFORMED Task 6. Construction Phase Services TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the "Final' project walk through and assist with preparation of final punch list. 6.2 Record Drawings The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from Contractor City of Fort Worth,Texas Attachment A PMO Release Date:0410912012 Page 1 of 3 o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Sinaular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_rec47.pdf' where "W-1956" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "47" shall be the total number of sheets in this file. Example: W 0053_rec3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_rec36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "36" shall be the total number of sheets in this file. Example: X-12755_rec18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. City of Fort Worth,Texas Attachment A PMO Release Date:04/09/2012 Page 2 of 3 ASSUMPTIONS 6 Project Site Visits. 10 RFI's/ Shop Drawings are assumed. 4 Change Orders are assumed. • One copy of full size (22"x34") mylars will be delivered to the CITY. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawings on Mylar City of Fort Worth,Texas Attachment A PMO Release Date:0 4/0 9120 1 2 Page 3 of 3 ATTACHMENT B COMPENSATION Design Services for ROLLING HILLS ADDITION DRAINAGE IMPROVEMENTS City Project No. 00704 AMENDMENT No. 3 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $ 22,890.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in Item III of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department — Storm Water Utility monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:5.19.2010 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant James DeOtte Engineering Inc. Study—Original Contract $ 41,840.00 17.5% James DeOtte Engineering Inc. Engineering—Amendment#1 $ 98,571.00 41.2 % James DeOtte Engineering Inc. Engineering—Amendment#2 $ 4,712.00 2.0 % James DeOtte Engineering Inc. Engineering—Amendment#3 L$::::22,379.00 9.4% Proposed M/WBE Sub-Consultants Gorrondona&Associates Survey—Amendment#1 $ 50,820.00 21.2 % Gorrondona&Associates Survey—Amendment#2 $ 11,979.00 5.0% LA Blueline Reproduction Reproduction—Amendment#1 $ 5,648.00 2.4% Arlington Blueline Ee:p:rod:uc:t:ion—Amendment#3 $ 511.00 0.2 Proposed Non M/WBE Sub-Consultants CMJ Engineering, Inc. Geotechnical—Amendment#1 $ 2,750.00 1.1 % TOTAL $ 239,210.00 100% V. Summary of MNME Participation Project Number& Name Total Fee M/WBE Fee MMBE % 00704—Rolling Hills Drainage Improvements $ 239,210.00 $ 68,958.00 28.8 % City M/WBE Goal = 17% Consultant Committed Goal = 28.8 % City of Fort Worth,Texas Attachment B PMo official Release Date:5.19.2010 Page 2 of 3 B_2 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 work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:5.19.2010 Page 3 of 3 B-3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for ROLLING HILLS ADDITION DRAINAGE IMPROVEMENTS City Project No. 00704 AMENDMENT No. 3 No Changes to the Standard Agreement City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page t of t Consulting Contract Schedule Specifications FORT WORT H City of Fort Worth Capital Improvement Program ROLLING HILLS ADDITION DRAINAGE IMPROVEMENTS City Project No. 00704 AMENDMENT No. 3 Attachment D-Project Schedule This PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera(Version 6.1 or later or approved by CITY) - Primavera Contractor(Version 6.1 or later or approved by CITY) - Primavera SureTrak(Version 3.x or later or approved by CITY) - Microsoft Project(Version 2003/2007 or later or approved by CITY) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments,if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities,key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, City of Fort Worth,Texas Attachment D PMO Release Date:06.30.2009 Page 1 of 2 • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. 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