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HomeMy WebLinkAboutContract 51434-A2CSC No. 51434-A2 AMENDMENT No . 2 TO CITY SECRETARY CONTRACT No. 51434 WHEREAS, the City of Fort Worth (CITY) and Kiml.ey-Horn and Associates, Inc., (ENGINEER) made and entered into City Secretary Contract No. 51434, (the CONTRACT) which was authorized by M&C C-28838 on the 11thday of September, 2018 in the amount of $400,000.00; and WHEREAS, the CONTRACT was subsequently revised by Amendment No.1 in the amount of $90,000.00 authorized by M&C 20-0767 on October 20,2020; and WHEREAS, the CONTRACT involves engineering services for the following project: Farm to Market Road 156 from United States Route 81/287 to Watauga Road Water Improvements; and WHEREAS, it has become necessary to execute Amendment No. 2 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 $83,500.00 (Water). 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 $573,500.00. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 [FM Road 156 From US 81/287 to Watauga Rd Improvements] Page 1 of 2 [CPN 1016821 APPROVED: City of Fort Worth Z Dana Burghdoff (Jan 24, 20 11:22 CST Dana Burghdoff Assistant City Manager DATE: Jan 24, 2023 APPROVAL RECOMMENDED: CHrisfaO2her Harder Christopher Harder (Jan 23, 2023 16:31 CST) Chris Harder, P.E. Director, Water Department Contract Compliance Manager: ENGINEER Kimley-Horn and Associates, Inc. A4.zf _) � E. Jolin Atkins, P.E. Vice President DATE: 01-20-2023 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. JohzilKasavich, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY: Em M$Iack (Jan 24, 2023 10:30 CST) Douglas W. Black Senior Assistant City Attorney �o44annu o� FORtol —o ATTEST: pro °id Q o 00 p o 0 Jannette S. Goodall City Secretary M&C : N/A Date: N/A Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 [FM Road 156 From US 81/287 to Watauga Rd Improvements] Page 2 of 2 [CPN 1016821 Kimley»>Horn September 30, 2022 Mr. John Kasavich, P.E. Project Manager City of Fort Worth Water Department 1000 Throckmorton Street Fort Worth, TX 76102 RE: FM 156 From US 811287 to Watauga Road Water Improvements Amendment No. 2 KHA No. 061018227 City Secretary No. 51434 — City Project No. 101682 Dear John: This letter is in reference to a contract between Kimley-Horn and Associates, Inc. (Kimley- Horn) and the City of Fort Worth (CITY) dated 10-22-2018 referred to herein as the "Contract". Kimley-Horn is pleased to submit our Amendment No. 2 for the City's FM 156 From US 81 /287 to Watauga Road Water Improvements Project. The fees for this Amendment are not to exceed $83,500, increasing the total not to exceed fee to $573,500. This engineering agreement is partially eligible for TxDOT reimbursement. This amendment adds an additional 15 month of the construction phase services to the Contract. The original construction was scheduled to be complete in October 2021. Due to coordination with TxDOT's roadway contractor and the CITY's availability to shut down the water transmission mains, the construction is anticipated to end in January 2023. Kimley-Horn will continue the services outlined as follows and as directed by the CITY: TASK 6. CONSTRUCTION PHASE SERVICES 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. • Prepare and distribute Meeting Notes. 801 Cherry Street, Unit 11, Suite 950, Ft. Worth, TX 76102 Kimley>»Horn • On -site Observation Page 2 • Make up to six (6) site visits at intervals as directed by CITY in order to observe the progress of the work. Such visits and observations by ENGINEER 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 ENGINEER'S exercise of professional judgment. Based on information obtained during such visits and such observations, ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the Work. The purpose of ENGINEER'S site visits will be to enable ENGINEER to better carry out the duties and responsibilities specifically assigned in this Agreement to ENGINEER, and to provide CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents. ENGINEER 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 ENGINEER 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, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER 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. • Progress Meetings • Attend up to twenty (20) biweekly TxDOT progress meetings and visit the site for observation at that time. Attend up to ten (10) CITY construction progress meetings. • Shop drawing, samples and other submittals Review Review up to ten (10) shop drawings, samples and other submittals submitted by the contractor for general conformance with the design 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 Kimley>»Horn Page 3 concepts and general compliance with the requirements of the contract for construction. Such review, 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 and 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. • Log all shop drawings, samples and other submittals. • Substitutions • Evaluate and determine the acceptability of up to ten (10) substitute or "or - equal" materials proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of the state or the CITY. • Request for information (RFI): Provide necessary interpretations and clarifications of contract documents, and make recommendations as to the acceptability of the work for up to two (2) RFI's. ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to CITY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by CITY. • Change Orders Provide support for Change Orders as requested by the CITY. Change Order support may include review and recommendations to the CITY for the execution of change orders. • Final PROJECT Part Walk Through • Attend the "Final" PROJECT Part walk through and assist with preparation of final punch list. Attend one (1) final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents. • ENGINEER shall not be responsible forthe 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. ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 Kimley»>Horn 6.2 Record Drawings Page 4 • 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 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. 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_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 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 817 335 6511 Kimley»>Horn Page 5 II. Water and Sewer file name example - 11X-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 Drawings folder in Buzzsaw. 6.3 TxDOT Coordination Y TxDOT Reimbursement o The ENGINEER will assist the CITY in preparing the final billings for the CITY's reimbursement from TxDOT in accordance with the TxDOT ROW Utility Manual. The billings may include the following information: ■ Cover sheet with the invoice number, date, and type; TIN number; certification period; construction beginning and end dates; scope of work; and a table for the reimbursement breakdown of charges. ■ Support for Certification of Partial Payment for Utility Accommodation TxDOT Form ROW-U-27 ■ Cost Summary Sheet — Estimated Cost spreadsheet in Attachment "A" of the Standard Utility Agreement to include the Revised Cost Estimate, Actual Cost Incurred to Date, Percentage of Actual Work Completed, Amount Remaining to be Billed, and a Cost Estimate Task Breakdown Summary. ■ Contract Engineering and Easement Acquisitions breakdown of the ENGINEER's invoices and backup information. ■ Backup Documents: C The construction project bid tabulation o The Contractor's pay request and the owner's payment detail • Engineer's invoices and owner's payment detail o Invoices shall include a breakdown of the contract engineering services to match the tasks shown in Estimated Cost spreadsheet included in Attached "A" of the Standard Utility Agreement. ■ TxDOT Supplemental Agreement 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 Kimley>»Horn Page 6 o TxDOT requires Supplemental Agreements for changes in the approved work. A minor change is when the cost of the adjustment changes is less than $100,000 or 25% or less of the approved, agreement. A major change is when the cost of the adjustment changes is greater than/less than $100,000.00 or if the percentage of cost change is greater than/less than 25% of the approved agreement. o The ENGINEER will assist the CITY in preparing the Standard Utility Agreement — Supplemental Agreements. These agreements may include the following: is TxDOT Standard Agreement Supplemental Agreement — ROW-U- COA • Description of minor/major changes ■ Plans, Specifications, Estimated Costs, and schedule (Attachment "A") Assumptions • Two (2) RFI's are assumed. • Two (2) Change Orders are assumed • One copy of full size (22"x34") mylars will be delivered to the CITY. Deliverables A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings on Mylar 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 Kimley>»Horn The following table summarizes the fee for this amendment by project phase: Page 7 Description Original Amend Amend Fee No.1 No.2 Revised Contract Design Management $25,200 - - $25,200 Conceptual Design $17,600 - - $17,600 Preliminary Design $139,700 - - $139,700 Final Design $88,700 - - $88,700 Bid Phase Services $18,500 - - $18,500 ROW/Easement Services $27,200 - - $27,200 Survey and SUE $60,700 - - $60,700 Permitting Services $22,400 - - $22,400 Construction Phase Services - $90,000 $83,500 $173,500 Total Project $400,000 $90,000 $83,500 $573,500 Water Sewer Total Original Contract $400,000 $0 $400,000 Amendment No. 1 $90,000 $0 $90,000 Amendment No. 2 $83,500 $0 $83,500 Total $573,500 $0 $573,500 Kimley-Horn will perform the construction phase services. During the project design the SBE participation was revised to $127,192.00 (31.8%). The total contract SBE participation will remain $127,192.00 (22.2%) for this amendment. The following tables summarize our revisions to the SBE percentages: kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 Kimley»>Horn Page 8 Amend. Amend. Revised Original Fee Revised Primary Scope No.1 No.2 Firm Responsibility Fee Modification Fee Fee Amount % Amount Amount Amount Prime Cnnci dtant Kimley-Horn Civil and Assoc., Engineering/ $230,756 $42,052 $90,000 $83,500 $446,308 77.8% Inc. CCA SBE Sub- r'nnei il+nnfc V&A Cathodic Consulting Protection $19,138 $0 $0 $0 $19,138 3.3% Engineers, Inc. CMJ Geotechnical Engineering, Engineering $43,000 ($9,248.50) $0 $0 $33,751.50 5.9% Inc. Gorrondona Survey and $53,426 ($973.50) $0 $0 $52,451.50 9.1% & Assoc., Inc. Easements Subsurface The Rios Utility $21,550 (11,900) $0 $0 $9,650 1.7% Group Engineering JQ Structural Infrastructure Engineering $0 $12,200 $0 $0 $12,200 2.1% , LLC Non-SBE Sub - Consultants Bennett Trenchless Trenchless Engineering $32,130 ($32,130) $0 $0 $0 0% Engineers TOTAL $400,000 $0 $90,000 $83,500 $573,500 100% 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 817 335. 6511 ���►1�>>ii ' '�>>> Horn Total Contract Description Original Revised Contract $400,000 $573,500 Amount Total $137,114 $127,192 Contract SBE Total Contract 34.3% 22.2% SBE Percentage City's SBE 10.0% 10.0% Goal Attached is the hourly rate schedule for this amendment. Page 9 We appreciate the opportunity to be of continued service to the CITY. Please contact us if we need to provide any further information. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Texas Registration No. F-928 4 4, ., E. John R. Atkins, P.E. Sr. Vice President KAFTW Utilities\061018227-CFW-FM-156\PPP\POST_NTP\Amendments\Amend-2\FM 156 Amendment 2 Summary Ltr.doex 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 Kimley»)Horn Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Professional 1 $240 - $330 Senior Professional II $295 - $350 Professional $200 - $275 Analyst $150 - $230 Senior Technical Support $150 - $260 Technical Support $105 - $135 Support Staff $95 - $140 Effective through December 31, 2022 Subject to periodic adjustment thereafter 801 Cherry Street, Unit 11, Suite 950, Ft. 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