HomeMy WebLinkAboutContract 49024-A4 CSC No.49024-A4
AMENDMENT No. 4
TO CITY SECRETARY CONTRACT No. 49024
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 4th day of April, 2017 in the amount of $1, 800, 000 . 00; and
WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1
in the amount of $595, 000 . 00 which was authorized by M&C C-28764 on June
28, 2018; Amendment Number 2 in the amount of $425, 000 . 00 which was
authorized by M&C 20-0334 on May 19, 2020; Amendment Number 3 in the
amount of $99, 020 . 00 which was administratively authorized on March 19,
2021; and
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. 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 proposal attached hereto and
incorporated herein. The cost to City for the additional design services
to be performed by Engineer totals $149, 960 . 00 . (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 $3, 068, 980 . 00 .
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
City of Fort Worth, Texas Harmon Road Widening
Prof Services Agreement Amendment Template 100459
Revision Date: November 23, 2021
Page 1 of 4
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 subscribed by the City' s
designated Assistant City Manager.
APPROVED:
City of Fort Worth ENGINEER
Kimley-Horn and Associates, Inc.
Dana Burghdoff(Feb 25,20 09:55 CST
Dana Burghdoff Scott R. Arnold
Assistant City Manager Vice President
DATE: Feb 25,2022 DATE: January 3,2022
APPROVAL RECOMMENDED:
Wj(Feb 24,2022 08: CST)
William Johnson, P.E.
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 .
T17j4idra Ayala, P.E .
Senior Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
City of Fort Worth, Texas Harmon Road Widening
Prof Services Agreement Amendment Template 100459
Revision Date: November 23, 2021
Page 2 of 4
APPROVED AS TO FORM AND LEGALITY: M&C: 22-0071
0-19r, Date : 1-25-2022
DBlack(Feb 25,2022 08:57 CST)
Douglas W. Black
Senior Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
City of Fort Worth, Texas Harmon Road Widening
Prof Services Agreement Amendment Template 100459
Revision Date: November 23, 2021
Page 3 of 4
FUNDING BREAKDOWN SHEET
City Secretary No. 49024
Amendment No . 4
Department Fund-Account-Center Amount
TPW 34018-0200431-5330500-100459-002330-9999- $149, 960 . 00
18010199
Total : $149, 960 . 00
City of Fort Worth, Texas Harmon Road Widening
Prof Services Agreement Amendment Template 100459
Revision Date: November 23, 2021
Page 4 of 4
ATTACHMENT B
COMPENSATION
Design Services for
Harmon Road Task Order (from Golden Triangle Boulevard to US 81/287)
City Project No. 100459
Amendment 4
Task Order Rate Schedule
I. Compensation
A. The ENGINEER shall be compensated in an hourly amount not-to-exceed
$149,960 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
Category Rate for the ENGINEER's team member performing the work.
Labor Category 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 $235
Senior Project Engineer $190
Project Engineer $175
EIT $140
CADD $95
Administrative $100
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%).
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
B-1
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
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Kimley-Horn and Engineering Services $149,960 100.0%
Associates, Inc.
Proposed MBE/SBE Sub-Consultants
Non-MBE/SBE Consultants
TOTAL $149,960 100%
Project Number & Name Total Fee MBE/SBE MBE/SBE
Fee /o
100459 Harmon Road Amendment 4 $149,960.00 $0 0.0%
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4
B-3
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2/7/22, 11:30 AM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT ii
Create New From This M&C
DATE: 1/25/2022 REFERENCE **M&C 22- LOG NAME: 20HARMON ENG AMEND
NO.: 0071 4
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7) Authorize Execution of Amendment Number 4 in the Amount of$149,960.00 to an
Engineering Services Agreement with Kimley-Horn and Associates, Inc. for the Harmon
Road Project for a Revised Contract Amount of$3,068,980.00 (2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council authorize execution of Amendment Number 4, in an amount not to
exceed $149,960.00 to City Secretary Contract Number 49024 with Kimley-Horn and Associates, Inc.,
thereby increasing the contract amount to $3,068,980.00 (City Project No. 100459).
DISCUSSION:
The 2018 Bond Program allocated funds for the roadway widening of Harmon Road between US Highway
81/287 to Golden Triangle Boulevard. An Engineering Services Agreement, City Secretary No.
49024 with Kimley-Horn and Associates, Inc. (Consultant) was authorized for the design of the project
that included widening a two-lane asphalt road to a four-lane divided arterial that includes three
roundabouts and shared used paths.
Amendment Number 4 provides compensation to the Consultant for the following services:
Increases in effort by the Consultant have been attributed to various field changes brought upon by
conditions that have been encountered during construction. Oncor, AT&T, Spectrum and Verizon did not
move their respective infrastructure in a timely manner as promised. The Consultant has assisted the
City of Fort Worth (City) with coordinating the utility relocations and ensuring that the infrastructure is
placed outside of the construction limits. Various new developments such as the CVS, Fire Station 45
and a commercial site, which will require new street connections on Harmon Road, required the
Consultant to coordinate the developments' tie-in points to the Harmon Road project. A sanitary sewer
extension was added to the project for the industrial developments on the southern end of the project.
The following table summarizes previous contract action and amendments:
M&C Amount Justification Number Date
Initial Contract $1,800,000.00 Initial contract to develop C-28184 4-17-2017
design and construction
documents
Amendment No. 1 $595,000.00 Additional engineering C-28764 6-28-2018
services added
Amendment No. 2 $425,000.00 Additional engineering 20-0334 5-19-2020
services added
Amendment No. 3 $99,020.00 Additional engineering Administratively 3-19-2021
services added
Amendment No. 4 $149,960.00 See above
Contract Total $3,068,980.00
The funding for the Harmon Road project is below:
apps.cfwnet.org/council_packet/mc_review.asp?ID=29623&councildate=1/25/2022 1/3
2/7/22, 11:30 AM M&C Review
M&C Fund Total
G-19306 2018 Bond Program Fund $18,000,000.00
C-27896 Developer Contribution $12,390,000.00
Fund
20-0500 Transportation Impact Fee $6,300,000.00
Cap Fund
21-0353 W&S Capital Projects Fund $343,927.00
C-28778 WS Capital Project 2019 $58,450.00
Total Project Funding $37,092,377.00
M/WBE— Kimley-Horn and Associates, Inc. agrees to maintain its initial M/WBE commitment of 14\% that
it made on the original agreement and extend and maintain that same M/WBE commitment of 14\% to all
prior amendments up to and inclusive of this Amendment No. 4. 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 M/WBE Commitment form executed by an authorized representative of its
company.
This project is included in the 2018 Bond Program. Available resources within the General Fund will be
used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond
proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to
Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No.
23209-05-2018) and subsequent actions taken by the Mayor and Council.
The project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the 2018 Bond Program Fund for the Harmon Rd Design ROW project to support the
approval of the above recommendation and execution of the amendment to the contract. Prior to any
expenditure being incurred, the Transportation and Publc Works Department has the responsibility to
validate the availability of funds.
TO
Fund I Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I I ID I I Year Chartfield 2
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: William Johnson (7801)
Additional Information Contact: Monty Hall (8662)
ATTACHMENTS
20HARMON ENG AMEND 4 funds availability_pdf (CFW Internal)
20HARMON ENG AMEND 4_FID TABLE.XLSX (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=29623&councildate=1/25/2022 2/3
2/7/22, 11:30 AM M&C Review
Form 1295 amend 4.pdf (CFW Internal)
MWBE_Acceptance of Previous MWBE Commitment Signed.pdf (CFW Internal)
PROJECT MAP_HARMON.PDF (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=29623&councildate=1/25/2022 3/3