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Home My WebLink AboutContract 49024-A3ANIENDMENT No . 3 TO CITY SECRETARY CONTRACT No. 49024 CSC No. 49024-A3 WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and Associates, Inc, (ENGINEER) made and entered into City Secretary Contract No. 49024, (the CONTRACT) which was authorized by M&C C-28184 on the 17th Day of April , 2017 in the amount of $ 1,800,000; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $595,000 which was authorized by M&C # C-28764 on June 28, 2018 Amendment Number 2 in the amount of $425,000 which was authorized by M&C # 20-0334 May 19, 2020, WHEREAS, the CONTRACT involves engineering services for the following project: Harmon Road Task Order Contract (US 81/287 to Golden Triangle Blvd.); 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 proposal attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $99,020. (See Attached Funding Breakdown Sheet, Page -4- ) 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 $2,919,020. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. City of Fort Worth Professional Services Agreement Amendment Template Revised: March 9, 2020 Page 1 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worth Dqhq Bu��rl��laff Dana Burghdoff ar 19, 2021 09:37 CDT) Dana Burghdoff, AICP Assistant City Manager ENGINEER Kimley-Horn and Associates, Inc. � �� Scott R. Arnold Vice President DATE : Mar 19, 2021 DATE : March 2, 2021 APPROVAL RECOMMENDED: �� W Johnson �Mar R, 202116:06 CDT) William M Johnson Director, Transportation and Public Works Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. � �, �� J.T. Auldridge, P.E., PMP Project Manager City of Fort Worth Professional Services Agreement Amendment Template Revised: March 9, 2020 Page 2 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY: �� DBlack (Mar 19, 2021 08:46 CDT) Douglas W. Black Assistant City Attorney ATTEST: �/��`��r� Mary J. Kayser City Secretary City of Fort Worth Professional Services Agreement Amendment Template Revised: March 9, 2020 Page 3 of 4 q,4�� ,o,a� FORT �� F000000000� d 0 0�� d�o o� 0 � � ° .1. � �o 0 0 a o °o o° < � � o *,c d�. °°�000ao° p' M&C: N/A Date : N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FUNDING BREAKDOWN SHEET City Secretary No. 49024 Amendment No. 3 Department Fund-Account-Center Amount TPW 34018-0200431-5330500-100459-002330-9999- $99,020.00 18010199 Total: $99,020.00 City of Fort Worth Professional Services Agreement Amendment Template Revised: March 9, 2020 Page 4 of 4 Kimley>>> Horn March 1, 2021 J.T. Auldridge, P.E., PMP Transportation and Public Works City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Re: Amendment #3 — Harmon Road Improvements from Golden Triangle Boulevard to US 287 City Project No. 100459 City Secretary Contract No. 49024 Dear JT: Kimley-Horn and Associates, Inc. ("ENGINEER") is pleased to submit Amendment #3 in the amount of $99,020 to the City of Fort Worth (City) for the Task Order design contract (CSN 49024) for Harmon Road Improvements from Golden Triangle Boulevard to US Hwy 287. This amendment is to cover additional services beyond the original scope, such as: • Additional meetings with the CMAR Contractor during pre-construction activities • Additional meetings and coordination with franchise utility companies • Revisions to the traffic control plans based on schedule requirements for the water line construction • Design of temporary storm drain connections based on construction sequencing • Survey beyond original scope of services • Adjustments to the plans based up on the additional survey A detailed scope of services for the additional services will be included in separate Task Order Authorizations. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. f�/OI.K�e� By: Dana Shumard, P.E. Project Manager ATTACHMENT B COMPENSATION Design Services for Harmon Road Task Order (from Golden Triangle Boulevard to US 81/287) City Project No. 100459 Amendment 3 Task Order Rate Schedule Compensation A. The ENGINEER shall be compensated in an hourly amount not-to-exceed $99,020 for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateqory Rate for the ENGINEER's team member performing the work. Labor Cateqory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate $/hour Project Director $230 Scheduling Specialist $215 Project Manager $200 Senior Project Engineer $175 Project Engineer $150 EIT $120 CADD $95 Administrative $85 i. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. ii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10°/o). iii. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 4 � ATTACHMENT B COMPENSATION ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. 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 2 of 4 � ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Engineering Services $95,020 96.0% Associates, Inc. Proposed MBE/SBE Sub-Consultants Gorrondona & Topographic Survey - LOMR $4,000 4.0°/o Associates, Inc. Non-MBE/SBE Consultants TOTAL $99,020 100% Project Number 8� Name Total Fee MBE/SBE Fee MBE/SBE /o 100459 Harmon Road Amendment 3 $99,020 $4,000 4.0% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 � EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) To be included with each task order. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 4 of 4 � il Fo a�� c�ty of Fo�t wo�tn ACCEPTANCE OF PREVIOUS SBE COMMITMENT FORM (for use with CHANGE ORDERS or AMENDMENTS greater than $50,000) To be Completed by City Project Manager Amendment (for Professional Services Agreement) Project Name: City Project Number Harmon Road from US 81/287 to Golden Triangle 100459 City Project Manager Consultant: JT Auldridge Kimley-Horn and Associates, Inc. Original Amount of Agreement: Total of Previous Amendments: Amount for this Amendment: Revised Amount of Agreement: City's SBE Project Goal: 14 % $1,800,000.00 Accepted SBE Commitment: 14 % $1,020,000.00 Date of Last SBE Report: 1/31/2021 $99,020.00 Amendment #: $2,919,020.00 Date: 3 3/2/2021 Language to be inserted in the M&C for this Agreement Kimley-Horn and Associates, Inc. agrees to maintain its initial SBE commitment of 14% that it made on the original agreement and extend and maintain that same SBE commitment of 14% to all prior amendments up to and inclusive of this Amendment No. 3. Therefore Kimley-Horn and Associates, Inc. remains in compliance with the City's BDE Ordinance and attests to its commitment by its signature on the Acceptance of Previous SBE Commitment form executed by an authorized representative of its company. To be Completed by the Representative of the Consultant Scott R. Arnold Vice President �� Printed Signature Title Authorized Signature/Date Kimley-Horn and Associates, Inc. Company Name 801 Cherry Street, Suite 1300 Address Fort Worth/TX/76102 City/State/Zip 15% SBE % Paid to Date Dana Shumard Contact Name (if different) dana.shumard@kimley-horn.com E-mail address 817-339-2256 Phone number as of 1 /31 /2021 Date Fax Number c:ity rro�ect Manager nas reviewea tne worK associatea witn tnis Hmenament, considers it the same or similar to work in the original Agreement, and recommends that the Consultant have the option to retain and confirm its existing SBE commitment. JT Auldridge �""'''`''�` 3izi2oz� City Project Manager City Project Manager Signature Date Cheryl Jones M/WBE Compliance Staff 404853 15% ID # SBE Current % Level via Last Report Rec'd 03-05-21 M/WBE Signature Date