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HomeMy WebLinkAboutContract 25859 CITY SECRETARY .{ AMENDMENT NO. 9 CONTRACT NO. Q �� STATE OF TEXAS § CITY SECRETARY CONTRACT NO. (M&C Attached) COUNTY OF TARRANT § WHEREAS, the City of Fort Worth (City) and Carter & Burgess, (Engineer) made and entered into City Secretary Contract No. 184761 (the Contract) which was authorized by the City Council by M&C C-12837 on the 30'h day of April, 1991; and amended by City Council on December 24, 1997 by City Secretary Contract No. 23455, and subsequently amended by six (7) previous amendments; and WHEREAS, the Contract involves engineering services for the following project: Engineering contract for the Design of West Fork Relief Main, Segments WF-2, WF-3, WF-4, and WF-5. WHEREAS, it has become necessary to execute Amendment No. 8 to said Contract to include an increased scope of work and revised maximum 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. Section 1, Services of the Engineer, of the Contract is amended to include the additional engineering services specified in a proposal letter dated January 11, 2000, a copy of which is attached hereto and incorporated herein. The cost to City for the additional services to be performed by Engineer total $298,950.00. 2. Section IV, Compensation to Engineer, of the Contract is amended to provide for an increase in the maximum fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall not exceed the sum of$ 2,815,153.00. yk c Ivy("ElE PR%Py 3. All other provisions of the contract, which are not expressly amended herein, shall remain in full force and effect. rr__ EXECUTED on this the WL' day of , 2000, in Fort Worth, Tarrant County, Texas. APPROVAL RECOMMENDED: APPROVED: A.Douglas Rademaker, P.E. Mike Groomer ' 02 Director, Department of Assistant City Manager Engineering CARTER& BURGESS ENGINEER Al 4 „i— lona Pears n, City Secretary Fr H. Evans, Senior Vice President Name: Contract Authorization 00 Date APPROVED AS TO FORM AND LEGALITY: Gary Steinberger Assistant City Attorney W�p ti� (SIR- MIN Carter u Burgess Consultants in Planning, Engineering, Architecture, Construction Management, and Related Services January 11, 2000 Mr.Gopal Sahu, P.E. City of Fort Worth 1000 Throckmorton P.O. Box 870 - -- Fort Worth,Texas 76101 Reference: West Fork Relief Main, Segments WF-4 and WF-5 Dear Mr. Sahu: Carter and Burgess appreciates being selected by the City of Fort Worth to provide the Construction Management Services for West Fork Relief Main, Segments WF-4 and WF-5. We look forward to the opportunity of serving the City of Fort Worth on this project. The estimated construction duration of these projects is 330 days for WF-4 and 270 days for WF-5 which will run concurrently. This proposal for providing the engineering services is based on the aforementioned construction duration for these projects. The following is a summary of the estimated fees to provide the Construction Management Services for these projects as outlined in the attached Scope of Work which was provided by the City of Fort Worth: Classification WF-4 WF-5 Total Principal in Charge $ 5,500 $ 4,500 $ 10,000 Project Manager $ 36,500 $ 30,000 $66,500 Project Representative $ 99,000 $ 81,000 $ 180,000 Secretary $ 10,300 $ 8,400 $18,700 Expenses $13,050 $10,700 $23,750 Total Lump Sum Fee $164,350 $134,6001[ $298,950 If more than 330 days for WF-4 and 270 days for WF-5 are required to complete the construction, then the total fee will be adjusted by a supplement tfflthR Carter 8 Burgess• Inc. Mr. Gopal Sahu, P.E. January 11, 2000 Page 2 Monthly meetings will be held at Carter and Burgess' office or at the site Resident Project Representative (RPR) projected to be on each site (WF-4 & WF-5) 4 to 5 hours per day Contractor projected to be on site 60 hours per week Fee is based on contract completion: 330 days for WF-4 and 270 days for WF-5 Fee does not include construction staking or testing Fee includes Scope of Work per Attachment"A"for Construction Phase Services We look forward to the opportunity of serving you on this project. If I can be of further assistance, please give me a call.- Sincerely, all:Sincerely, CARTER & BURGESS, INC. John Lindner, P.E. Principal 993190 cc: Correspondence John H.Cook, P.E. Sam M. Zabaneh, P.E. Gretchen Williams,P.E. �r ��0A 1������D CITY M�I515'�I�;1�j'/(Jd U L'o UV�I C'I7 Il U� JLSG:o "i•}r'• .rte..• r� Y...-,. r- s -•r, , A E y E_NT,S .�; � _ �D -R� o EX�TRA�1N0 K - i ; �� ;•4 [ y. 4' TFIIS�O Nib^ US BE ATTACHED O '>=HE G EEN 20CJTING. &C BEFO E-r [EiND,;CITYM,AIVAGEPPOV„�„L j 3 ' gay' �'� �� •`� 'y �" mss{� 2'[ nzL..,+;' ZOOM (ji - ��• •u4 ssF-' ascii'a a s wr7.-.Nvzx •rstfa v .v+.�er��...s�•..- x..�r.frr�+ �� �� t. (underli appy nate onj Pro ect Manager JBuyer epartment'Direcfo� ��i,.i`�`�r�� �'�'. �,St.- ,��aa- � ��j�-.'ti�,.,_. 'tC'�t z�'q,•ks�`''� :+�,Z�_�.��Ci�'1G at�c��. 3+' ��t'' ,.� "�: �t;� - '�.t��.�P3 ,� � Cs; a �r%+' ��3�5- '�'�_� : a az•o ydF+}x� f. / �',.� t 'r a �, 'fit.. o.. _ ,�- .d t•+ %= r�, S [ r ,{ f '»- {° r. t rt• }.-�.r � :4.t't°}l -.ry, �lS, 1'n` � MM/BE:O{{ice Staff y +,� y�� � t i „':j1 :;, _f'>d i'�C '�` '� ExtenS�on y ��yf.w .2 �nTr 'n;y, t:3 ' S• A�}}y�?+�`,• �� j?L j> M t•--�••_ffp`;nf�. 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'I Compliance with theSCitys M/WBE Ordinance�as it relates to amendments,change orders or extra 'Work'-,which exceeds ten percent(10%°)of tfie original contract has been achieved by one of - r >, the following methods, „ ` )' a „F F , ., 1, : d c{� ?tip al tri r t, t r r ?i!`hrP= tTl 1 F 1 t i R rlel -rt*a ✓"! '�Tr 4' 1� w C•- 1' 4 .-rr%Yat 4 �r _y a) ;; � :fi, f :is in complianceYwith'`tlie City's M/1NBE',3 - y. 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'` ` � :�f'�~ x~ if'+''`?"t-` .¢'r53 'fljyh ,�'at•lit�Z 3u' ''f'.�;, }j__rf�'+ ;, ' tR t '',"` •� ,� Y N _k Y` •env•`rfe 7 �. - w,'� �.'L� 1_ il i1�°F�, r y,��' t'����5'�Y�rF''•��14".7�'�' * Y w>T,�r q"�fF�� � ;�•I�Jflin �� _ * comiance 'ith he'City's 1v111V6 '� •.;+. .1.mJlti'oifsv'• N-F.:>•�•i `r 'Y,a•'tA`•` 9q 1 f1y:. - . dinance'by-domentin good faitFi effortTfie City s g oh'this a en _ 'e t Chan'e o eror , eX1ra Us com liance it �F{�rY��'M-, �{J,� cr. . .fn t.. •... � �. .p t �i•�� _ Ardmarice�`yappto "1'o' anraiverFregt a tZ f e BE require en The G�ity s goal o th"�s acne*den ,change rderor_ zfrayvoi-k WFS o. .� :-4" ¢tc�y '�!ir._.¢.v9?' 4�5- 'F�44itir.-er3- «��. •�#:"t;-' •'a �'�t��ib'1'i�[.y ���' .�.... _ ��s?�i.�.��.."i.�;.�.�"3 .4:t::ir:...v:1.iY°�b�'itkiX".'�i�A.`..�3..^.}+rL.:.'f'�''�u'�.�';r� ATTACHMENT A TO STANDARD AGREEMENT FOR CONSTRUCTION PHASE SERVICES Owner: City of Fort Worth, Texas Project: West Fork Relief Sewer Construction Management Services, Section WF-4 and Section WF-5 SCOPE OF SERVICES Engineer agrees to perform construction management services for the following infrastructure contracts: • Section WF-4, Contract 2 DOE Project No. 0659 Water Department Project No. PS46-070460220080 • Section WF-5 DOE Project No. 0660 Water Department Project No. PS46-070460220080 The Engineer will perform the following scope of services under this contract: A. Project Management and Administration Services 1. General Administration. Perform general administration duties associated with the project, including project progress monitoring, general correspondence, office administration, and invoicing. These activities include maintaining day-to-day contact and liaison with Owner, agencies, and subconsultants, design consultants, and project staff; ensuring that the needs of Owner are met in a timely manner; preparing and monitoring subcontracts; providing project communications; reviewing purchase orders and subconsultant invoices; monitoring work on the Project; and ensuring that work is executed in accordance with the work plan, within budget, and on schedule. 2. Protect Records. Maintain the necessary project records, to include one diary, a daily construction report and files of pertinent data, such as approved submittals, schedules, pay estimates, correspondence, RFI's and changes. 3. Briefings. Provide monthly briefings with Owner and/or design engineers to report on progress and status, and to discuss solutions to possible problems. Briefings may be in the form of written or verbal communications. 4. Construction Progress Meetings. Attend and conduct monthly progress meetings with each contractor during the construction period. Prepare meeting agendas, distribute meeting minutes, follow-up and resolve action items generated at the meeting. N:U0B\901352\MISC\G0PAL.WPD — A-1 0 V Fu1CC Q/n1.1 rlE�j! h1IDD o Jv�.�lh1c t._.co 5. Shop Drawing Review. Ensure that Contractor is aware of all required submittals. B. Onsite Construction Services 1. Resident Representatives. Engineer will furnish one (1) Resident Project Representatives for 330 days for WF-4 and 270 days for WF-5 continuous period. The Resident Project Representative will observe the Contractor's work based on a 40-50 hour work week. The Resident Project Representatives shall not have responsibility for the Contractor's superintendence, safety, operation, equipment, or personnel. This service will in no way relieve the Contractor of complete supervision and inspection of the work or the Contractor's obligation for complete compliance with the drawings, specifications and Site Safety Plan. Specific services performed by the Resident Project Representative are as follows: a. Site Observation and Liaison with Owner and Contractors. (1) Conduct onsite observations of the general progress of the work to assist design engineer and Owner in determining if the work is proceeding in accordance with the construction contract documents. (2) Serve as Owner's liaison during construction, working principally through the Contractor's superintendent, and providing interpretation of the construction contract documents. Transmit design engineer's clarifications and interpretations of the construction contract documents to the Contractor when warranted. (3) Serve as Owner's liaison with the Contractor when the Contractor's operations affect Owner's onsite operation. (4) As requested by Owner, assist in obtaining from design engineer additional details or information when required at the jobsite for proper execution of the work. (5) Report to Owner and design engineer, giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. (6) Advise design engineer and the Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by design engineer. N:U OB\901352\M ISC\GOPAL.W PD A-2 � V8'G� °1� G'E06D C�TV ec"D-G?EK°Eel (7) Monitor changes of apparent integrity of the site (such as possible differing subsurface and physical conditions, existing structures, and site-related utilities when such utilities are exposed) resulting from construction-related activities. (8) Review the Contractor's construction sequence and traffic control plans for construction work undertaken simultaneously. (9) Verify that the Contractor has contacted utilities in the general construction area and advised them of Contractor's schedule. Assist in coordinating scheduling of utility activities to minimize conflicts with other's activities. (10) Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. (11) Coordinate onsite materials testing services with City of Fort Worth during construction. (12) Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to design engineer, as appropriate. (13) Provide documentation of existing site conditions with preconstruction photographs, etc. to reduce City's liability from claims related to site conditions. b. Meetings, Reports, and Document Review and Maintenance. (1) Attend the preconstruction conference, and assist design engineer in explaining administrative procedures that will be followed during construction. (2) Schedule and attend monthly progress meetings, and other meetings with Owner (not more than 11 total), design engineer and the Contractor when necessary, to review and discuss construction procedures and progress scheduling, safety, construction inspection and quality control procedures, and other matters concerning the project. (3) Submit to Owner, with a copy to design engineer, monthly construction progress meeting reports containing a summary of the Contractor's progress, general condition of the work, problems, and resolutions or proposed resolutions to problems. N:UOB\901352\MISC\GOPAL.WPD A-3 FSGG���D rgy �G'U' (4) Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and consult with design engineer concerning their acceptability. (5) Report to design engineer and Owner regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment; and advise design engineer and Owner whether the work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection, or approval. (6) Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them with recommendations to Owner, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. (7) Record date of receipt of shop drawings and samples. Receive samples which are furnished at the site by the Contractor, and notify design engineer of their availability for examination. (8) During the course of the work, verify that specified certificates, and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed; and deliver this material to design engineer for this review and forwarding to Owner prior to final acceptance of the work. (9) Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information along with information from the record documents maintained by the Contractor, will be forwarded to the design engineer. (10) Review certificates of inspection, tests, and related approvals submitted by the Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to verify that their content complies with the requirements of, and the results certified indicate compliance with, the construction contractor documents). This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. (11) Maintain the following documents: a. Correspondence files. N:\JOB\901352\MISC\GOPAL.WPD £ ^� A-4 n, r, b. Reports of jobsite conferences, meetings, and discussions among the design engineer, Owner, and Contractor. C. Submittal of shop drawings and samples. d. Reproductions of original construction contract documents. e. Addenda. f. Change orders. g. Field orders. h. Additional drawings issued subsequent to execution of the construction contract documents. i. Progress reports and payment requests. j. Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. (12) Prepare a daily report of events, including the following information: a. Days the Contractor worked on the jobsite. b. Contractor and subcontractor personnel on jobsite. C. Construction equipment on the jobsite. d. Observed delays and causes. e. Weather conditions. f. Data relative to claims for extras or deductions. g. Daily activities. h. Observations pertaining to the progress of the work. i. Material received on jobsite. The original copy of the report shall remain the property of Engineer. A copy of the report shall be provided to the City and to the Contractor. N:U0B\901352\MISC\G0PAL.WPD A-5 uVVOCQ�L GiECu.,DD C. Assistance in Certifications of Substantial Completion. (1) Before design engineer issues a Certificate of Substantial Completion, submit to the Contractor a list of items observed to require completion or correction. (2) Conduct final inspection in the company of Owner, design engineer, and the Contractor, and prepare a final list of items to be completed or corrected. (3) Verify that all items on the final list have been completed or corrected, and make recommendations to design engineer concerning acceptance. C. Supplemental Services 1. Any work requested by Owner that is not including one of the items listed in any other phase will be classified as supplemental services. 2. Supplemental services shall include, but are not limited to: a. Provide Resident Representatives for more than the 11 month construction period that is currently anticipated. b. Meetings held at a place outside the Dallas/Fort Worth metroplex with local, State, or Federal agencies to discuss the project. C. Supplemental engineering work required to meet the requirement of regulatory or funding agencies that become effective subsequent to the date of this agreement. d. Special consultants or independent professional associates requested or authorized by Owner. e. Assistance with extended bid protests and rebidding. f. Preparation for litigation, or other legal or administrative proceedings; and appearances in court in connection with bid protests, change orders, or construction incidents. g. Provision, through a subcontract, of land and property surveys and property descriptions, including legal property description, as required by the project. h. Provision, through a subcontract, of the services of a surveying company to verify that the horizontal alignment of the pipelines is within the permanent easements and that the pipeline grades for the gravity sewers are within design tolerances. N:U0B\9013521MISC\G0PAL.WPD �J� �f/���`�� G����GM A6 i. Provision, through a subcontract, of the services of a title company to prepare title reports on each parcel of property on which easements or rights-of-way are required or which is to be purchased. j. Engineering assistance to Owner in negotiation meetings and condemnation proceedings. k. Provision, through a subcontract, of aerial photography as requested or approved by Owner. I. An environmental assessment report and/or environmental impact statement as requested by Owner or required by review agencies. M. Provision, through a subcontract, of a cultural resources or archaeological study and report on the construction site pipeline route(s). n. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. o. Where field conditions differ from the conditions indicated in the construction contract documents or the soil borings logs, preparation of sketches of construction work for approval by Owner, to supplement the drawings and specifications as may be required; and providing redesign or relocation information if required by underground obstructions, utilities, or other conditions. P. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. q. Additional or extended services during construction made necessary by; (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by any Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. r. Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor or others in connection with the work above that amount budgeted. _ S. Any curative work shall be performed by the ENGINEER as authorized and directed by the CITY if the City determines the exceptions listed in a title commitment should be cleared. The compensation due the Title Company for issuance of title insurance and/or any related activities performed by the Title Company will be the responsibility of the CITY. N:UOB\901352\MISC\GOPAL.WPDJln��'�,`�!\`� Nf� A-7 F1U'JLllii'L;L'U9 LSf�a t. Travel to meet with absentee owners if the schedule for acquisition of the easements or other factors arise which make it expedient and if specifically authorized by the CITY. U. If it appears that further negotiating efforts will be nonproductive, and after the final offer to a property owner has been sent, all work following the final offer will be considered supplemental services. The ENGINEER will provide the necessary services to assist the CITY with the following tasks in support of the CITY's use of eminent domain in acquiring the required property interests. (1) If requested and authorized by the CITY's legal advisor, the ENGINEER will be responsible for securing an updated appraisal for each parcel to be condemned. The ENGINEER will then provide the services of a qualified appraiser, assign the appraisal, review the completed appraisal report and furnish the appraisal information to the CITY's legal advisor for his use in the condemnation hearing. (2) If requested and authorized by the CITY's legal advisor, the ENGINEER will be responsible for obtaining original and/or updated title information for each parcel to be condemned. The ENGINEER will secure from the title company an updated title commitment on each parcel to be condemned and furnish it to the CITY's legal advisor. (3) The ENGINEER will prepare and furnish to the CITY's legal advisor a "file package" consisting of the appropriate sketches, legal descriptions, right-of-way agent reports and other information for the legal advisor's use in the required condemnation actions. (4) The ENGINEER will provide coordination as required for a witness to present valuation testimony at the special commissioners hearings and for the preparation of the testimony. The ENGINEER will also provide, if required, a right-of-way agent to testify as to negotiation efforts. N:UOB\901352\MISC\GOPAL.WPD ^ ^ ^ A-8 City of Fort Worth, Texas 4Vayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/4/00 **C-17970 30WF 1 of 2 SUBJECT AMENDMENT NO. 9 TO ENGINEERING AGREEMENT WITH CARTER & BURGESS, INC. FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION OF WEST FORK RELIEF SEWER PROJECT SECTIONS WF-4 AND WF-5 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 9 to City Secretary Contract (No. 18476) for construction management and inspection services with Carter& Burgess, Inc. for additional work related to West Fork Relief Sewer Sections WF-4 and WF-5 for a fee not to exceed $298,950.00, increasing the total fee to $2,815,153.00. DISCUSSION: On April 30, 1991 (M&C C-12837), the City Council authorized the execution of an engineering agreement with Carter & Burgess, Inc. for engineering design services for the West Fork sanitary sewer relief project (Sections WF-2, WF-3, WF-4 and WF-5). Construction of Sections WF-2 and WF-3 have been completed. The remaining two sections are currently in the construction award phase. The work proposed under this contract amendment includes construction management services for approximately 15,270 linear feet of 54-inch sanitary sewer main; 345 linear feet of 36-inch sanitary sewer; 148 linear feet of 24-inch sanitary sewer, siphon structures, junction boxes, manholes, pavement repairs and erosion control; 247 linear feet of 20-inch sanitary sewer river crossing; and 2300 linear feet of protective coating for 54-inch sanitary sewer. Carter & Burgess, Inc. proposes to provide construction inspection and management services for a fee not to exceed $298,950.00. Staff considers this fee to be fair and reasonable for the work involved, The Department of Engineering will require an additional $15,000.00 for the coordination of this project. Carter & Burgess, Inc. is in compliance with the City's M/WBE Ordinance by committing to an additional 3% M/WBE participation on this amendment. This project is located in COUNCIL DISTRICTS 7 and 9, Mapsco 61 R, X and U, and 62S. City of Fort Worth, Texas "vigor And Coup"R comnsunicaflon DATE REFERENCE NUMBER LOG NAME ] PAGE 4/4/00 **C-17970 30WF 2 of 2 SUBJECT AMENDMENT NO. 9 TO ENGINEERING AGREEMENT WITH CARTER & BURGESS, INC. FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION OF WEST FORK RELIEF SEWER PROJECT SECTIONS WF-4 AND WF-5 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Sewer Fund. MG:j F Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) aPPRoM Mike Groomer 6140 CITY COUNCIL Originating Department Head: A.Douglas Rademaker 6157 (from) APR 4 2000 PS46 531200 070460220080 $298,950.00 Additional Information Contact: � tatty Secretary of the A.Douglas Rademaker 6157 City of Fort Worth Tax""