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HomeMy WebLinkAboutContract 35294-A4 COY SECRETARY Z -A AMENDMENT No.4 CONTRACT NO. Lf TO CITY SECRETARY CONTRACT No. 35294 WHEREAS, the City of Fort Worth (CITY) and A.N.A. Consultants LLC, (ENGINEER) made and entered into City Secretary Contract No. 35294, (the CONTRACT) which was administratively authorized on the 14th day of May, 2007 in the amount of $ $24 , 800 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $208,803 .00 which was authorized by M&C #C-23053 on September 16, 2008, Amendment Number 2 in the amount of $79,243. 00 which was authorized by M&C #C-24522 on October 12 ,2010, and Amendment Number 3 in the amount of $26, 655.00 which was administratively authorized on December 14,2011; and WHEREAS, the CONTRACT involves engineering services for the following project: Fossil Drive, Yolanda Drive, Meadowlane Terrace and Kings Oak Addition Drainage Improvements, Project No. 00483; and WHEREAS, it has become necessary to execute Amendment No. 4 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 February 18, 2013, 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 $80, 605. 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 $420, 106. 00 . City of Fort Worth Professional Services Agreement Amendment Template OFFICIAL RECORD PMO Official Release 8/1/2012 Page 1 of CITY SECRETARY RECEIVED MAR 19 Z014 FT.WORTH,TX 3 . 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 A.N.A Consultants, LLC Fernando Costa Mark N. ss Assistant City Manager Vice President DATE: / DATE: APPR L RECOMMENDED: W �I Douglas Wiersig, P Director, Department f Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: 7 Date: Assistant City Attorney F op ATTEST: U S o70 Mary J. ser LCxAs City Secretary City of Fort Worth OFFICIAL RECORD Professional Services Agreement Amendment Template CITY SECRETARY PMO Official Release 8/1/2012 Page 2 of 3 I'T. WORTHS TX FUNDING BREAKDOWN SHEET City Secretary No. Amendment No. 4 Department Fund-Account-Center Amount TPW P227 531200 204280048330 $80, 605 . 00 Total : City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of 3 5000 Thompson Terrace Colleyville,TX 76034 (817)335-9900 Fax(817)335-9955 February 18, 2013 Mr. Juan Pulido, P.E. City of Fort Worth Department of Transportation and Public Works 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Amendment No, 4 -Professional Services Fossil Drive, Yolanda— Meadow Lane, And Kings Oak Addition Areas Drainage Improvements; D.O.E. No.: 5423 City Project No.: 00483 Dear Mr. Pulido: At the request of the City, A.N.A. Consultants has been asked to provide Additional drainage, water, and sanitary sewer design services for the above referenced project in addition the City is requesting we include the current Attachment `A' (09-24-2012) to our contract as a part of the scope of services. This request for additional services is not part of our existing contract and will exceed our current scope. A.N.A. Consultants, L.L.C. is recommending that our current contract be amended to include these additional services as well as the corresponding fee adjustments. A.N.A. expects to perform the following additional engineering services: ❖ Prepare engineering design plans for alternate alignment of storm drain line serving Kings Oaks subdivision. The alignment will be changed to conform to the property owners requests to grant the necessary easement. ❖ Prepare detour plan and meet with traffic engineering to determine path to closure of Haltom Road during construction of storm drain and water line. ❖ Prepare engineering design plans for a drainage ditch behind residences on Tom Ellen Street. The ditch is necessary to solve homeowner complaints of rear yard flooding. ❖ Prepare engineering design plans for alternate alignment for storm drain serving Tom Ellen Street. The alignment change is necessary along Long Avenue due to a conflict with a property owner granting an easement. ❖ Redesign traffic control engineering plans to incorporate Long Avenue alignment. This will require one lane of closure of Long Avenue from Beach Street to the crossing of the storm pipe (approximately 1000 feet) ❖ Prepare construction plans for approximately 1250 feet 8" water line and 600 fee of 8" sanitary sewer line ❖ Inclusion of Task 6 outlined below for services to be performed during construction. J:10800701contractlContract AmendmentslAmendment 414mend No4.doc CLIENT SATISFACTION IS OUR BUSINESS The expected fee for Amendment No.4 is$80,605.00 as shown in Table 1 below,and supported by Exhibit A attached. Table 1 SUMMARY OF Amendment No. 4 FEE Description Final Design Unit 2 & Unit 3 (per Task 4) $45,870.00 Final Design Unit 1 & Unit 2 (Water& $7,060.00 Sanitary Sewer Construction Phase Support (per Task $27,675.00 6 Total Amendment No. 4 Fee $80,605.00 Table 2 shows a breakdown of the project fee summary for your review. SUMMARY OF TOTAL FEE Contract Description Original Contract $24,800.00 Amendment No. 1 $208,803.00 Amendment No. 2 $79,243.00 Amendment No. 3 $26,655.00 Amendment No. 4 $80,605.00 Total Contract Fee $420,106.00 If you have any questions or require additional information, please give me a call. Sincerely, A.N.A. Consultants, L.L.C. Mark N. Assaad, E. Vice President J:10800701contractlContractAmendmentslAmendment 41Amend No4.doc 2 ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Projects 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 A.N.A. Consultants has been asked to provide Additional drainage design services for the Fossil Drive, Yolanda— Meadow Lane, And Kings Oak Addition Areas Drainage Improvements project. This request for additional services is not part of the existing contract and was determined it will exceed the current scope. The objective of this amendment is to extend A.N.A. Consultants, L.L.C. contract to include these additional services as well as the corresponding fee adjustments. A.N.A. expects to perform the following additional services: • Prepare engineering design plans for alternate alignment of storm drain line serving Kings Oaks subdivision. The alignment will be changed to conform to the property owners requests to grant the necessary easement. • Prepare detour plan and meet with traffic engineering to determine path to closure of Haltom Road during construction of storm drain and water line. • Prepare engineering design plans for a drainage ditch behind residences on Tom Ellen Street. The ditch is necessary to solve homeowner complaints of rear yard flooding. • Prepare engineering design plans for alternate alignment for storm drain serving Tom Ellen Street. The alignment change is necessary along Long Avenue due to a conflict with a property owner granting an easement. • Redesign traffic control engineering plans to incorporate Long Avenue alignment. This will require one lane of closure of Long Avenue from Beach Street to the crossing of the storm pipe (approximately 1000 feet). • Prepare construction plans for approximately 1250 feet 8" water line and 600 fee of 8" sanitary sewer line • Inclusion of Task 6 outlined below for services to be performed during construction. WORK TO BE PERFORMED TASK 1. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • The ENGINEER shall incorporate all changes into the final design estimate of probable construction cost with the final design plans submitted. This estimate shall use ONLY standard CITY bid items. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%)to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 10-29-09) PAGE 1 OF 5 • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. DELIVERABLES A. Incorporated changes into final plans ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services --CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • 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 ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 10-29-09) PAGE 2 OF 5 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 perform monthly site visits to verify work is in accordance with design plans. This shall not constitute as a construction inspection, and the ENGINEER assumes no liability for contractor omissions or working conditions. Should a variance in construction from the design plans, in the opinion of the ENGINEER to the best of their knowledge and ability, be noticed, the ENGINEER shall notify the CITY within two (2) working days. The ENGINEER shall have no operational control over the contractor on site. • 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 the Contractor 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 ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 10-29-09) PAGE 3 OF 5 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 as an Adobe Acrobat PDF format (version 6.0 or higher) file 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. Singular 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_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number(817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • Monthly visits are assumed. • Four submittal reviews are assumed. • Ten RFI's are assumed. • Two Change Orders are assumed. • One copy of full size (22"x34") mylars will be delivered to the CITY DELIVERABLES A. Public meeting exhibits ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 10-29-09) PAGE 4 OF 5 B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items A. 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Y c m m m E J_ (n C C C LL O E w c ? m m c Cl- 'E C E L C d) E L c ° E L y 0 ati m c Q ri 3 U `� N ayi c acE QiVy^ •a�?WuCsi UNz om�� .W!Z� OoSc c2 Ncm a3 t'°yc'�.`°tUhc� Ym�mO Oy�.o;u �C 2O d aN 9}Mc V ULLc)L�O'e$� .ty✓C+ �O.m- No a�N SM roVS UUQ U,¢UQpcm CL al AO E i c c 2 U Lu 0 ' En 9. UnU N co�(rotU U ao ° v � � vt� 'c o 85 o 'o p � o : p COL Oo_a0 fiay 0. ur u_O c O C 16. coM10 iO N Wi � �� ��co n � ` � a y l+l O N N « 1: N O (O (O C tC �O C fC tD C tG W c m V •Q U U V U ` O O O o 5 y � u; o i o ATTACHMENT B COMPENSATION Design Services for Fossil Drive, Yolanda—Meadow Lane, And Kings Oak Addition Areas Drainage Improvements City Project No. 00483 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $80,605 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 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 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant ANA Consultants Engineering 8� Project $72,055 89 Management Proposed MBE/SBE Sub-Consultants Syntec Engineering Engineering $8,550 11 Non-MBE/SBE Consultants i TOTAL $ $80,605 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE Original Contract $24,800.00 - - Amendment No. 1 $208,803.00 $50,113 24% Amendment No. 2 $77,147.00 $16,500 21% Amendment No. 3 $26,655.00 - - Amendment No. 4 $80,605.00 $8,550 11 City MBE/SBE Goal = 18% Consultant Committed Goal = 18 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 /\ \ \ ) a u _ CL §gwwgqqqq ! � u§!!!! y!! 2 : - ƒ$;E®!&!Sm ) � k { a ((\\/\\\\ [ k ' /\/\\c \ , & . ]/ a)kk _ « � | ! § 3 Li i2 66 ) ) k� q _ 0co �k& U) �� � ` omL - �2 , �0 / § % — M2 : / 0 CL { � n \ \ t27 / ) � •• � .. IN o -A t! z £)� z2 » {\� R $7� ; CL u _) ��! _a >; - 2 _&> 0! gZ ,ƒ \j !\!\2!\2 }// � a � Ja! \a « 2 9/27/2013 Exhibit 13-3A EXHIBIT B-3A (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES DRAINAGE IMPROVEMENTS TO SERVE FOSSIL DRIVE, YOLANDA— MEADOW LANE AND KINGS OAK ADDITION AREAS City Contract No.: 5423 City Project No.: 00483 Consulting Firm Scope of Services Fee Amount Percentage Prime A.N.A. Consultants, L.L.C. Engineering and $256,428.00 76% Project Management Design Survey and M/WBE Gorrondona, Inc. Subsurface Utility $60,893.00 18.05% Engineering M/WBE Arlington Blueline Reproduction $5,720.00 1.70% Total $337,405.00 96% SUMMARY OF M/WBE FEE BEFORE AMENDMENT Professional M/WBE Services Scope of Services Total Fee M/WBE Fee Percentage Engineering Water, Sewer, Paving and o Services Drainage $337,405.00 $66,613.00 20.00/o Fee Consulting Firm Scope of Services Fee Amount Percentage Prime A.N.A. Consultants, L.L.C. Engineering and $72,055.00 89% Project Management DBE S ntec Eng ineerin AS-BUILT $8,550.00 11% Total $80,6605.00 100% SUMMARY OF M/WBE FEE AFTER AMENDMENT Professional M/WBE Services AMENDMENT 4 Total Fee M/WBE Fee Percentage Engineering Services $80,605 $418,010.00 $75,163.00 18.00% MWBE Statement-Amendment 63A-1 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOyRT`�WlORTH COUNCIL ACTION: Approved on 3/4/2014 DATE: 3/4/2014 REFERENCE ,C-26687 LOG 20SW FOSSIL—DESIGN—AMENDMENT NO.: NAME: #4 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Amendment No. 4 to City Secretary Contract No. 35294, an Engineering Agreement with A.N.A. Consultants LLC, in the Amount of$80,605.00 for Additional Engineering Analysis and Design for the Fossil Drive, Yolanda Meadow Lane and Kings Oak Addition Drainage Improvements Project, Thereby Increasing the Total Contract Amount to $420,106.00 (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 4 to City Secretary Contract No. 35294, an Engineering Agreement with A.N.A. Consultants LLC, in the amount of $80,605.00 for additional engineering analysis and design for the Fossil Drive, Yolanda Meadow Lane and Kings Oak Addition drainage improvements project, thereby increasing the total contract amount to $420,106.00. DISCUSSION: The Amendment recommended by this Mayor and Council Communication will provide additional services not included in the original contract. Due to the inability to acquire various easements, it is necessary to revise the alignment of certain facilities and modify their associated traffic control plans. The inclusion of a drainage ditch behind residences on Tom Ellen Street is required to address recent homeowner complaints of rear yard flooding. At the Water Department's request, water and sewer replacements are required at various locations within the project limits. Construction phase services will also be included in this Amendment. Amount Project Mayor and Approved Description Council Communication Initial Contract $24,800.00 Study to evaluate Administrative 05/14//2007 drainage issues within the project limits Amendment $208,803.00 Design contract for C-23053 09/16/2008 No. 1 storm drain improvements within the project limits Amendment $79,243.00 Design and survey C-24522 10/12/2010 No. 2 for alternate alignments to minimize construction cost, divide the project into separate bid packages mhtml:file://CADocuments and Settings\willhed\My Documents\PROJECTS -NEW\CP 00... 3/7/2014 M&C Review Page 2 of 2 Amendment $26,655.00 Hydraulic modeling Administrative 12/14/2011 No. 3 of creek at Haltom Road crossing, Survey/design for related improvements on Tom Ellen and Long Avenue Amendment $80,605.00 Design of No. 4 water/sewer improvements, revise alignments of various facilities, and addition of construction phase services Total $420,106.00 A.N.A Consultants, LLC, proposes to perform the Amendment services for a lump sum fee of $80,605.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. Cost for this Amendment No. 4 will be funded by the Stormwater Capital Projects Bond Fund. M/WBE Office-A.N.A. Consultants LLC, is in compliance with the City's M/WBE Ordinance by committing to 11 percent M/WBE participation on this Amendment No. 4. Additionally, A.N.A. Consultants LLC, is a certified M/WBE firm. This project is located in COUNCIL DISTRICT 4, Mapsco 296 and 331. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 204280048330 $80,605.00 Submitted for City Manager's Office b- Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Debbie Willhelm (2481) ATTACHMENTS 00483 Fossil Map Amend 4.pdf mhtml:file:HC:\Documents and Settings\willhed\My Documents\PROJECTS -NEW\CP 00... 3/7/2014