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HomeMy WebLinkAboutContract 43959-A3 CITY SECRETAFW - AMENDMENT No. 3 CONTRACT N0. TO CITY SECRETARY CONTRACT NMEREAS, the City of Fort Worth (CITY) and Kimley-Horn and Associates, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 43959, (the CONTRACT) which was authorized by M&C C-25942 on the 23rd day of October, 2012 in the amount of $698, 700 . 00; and VMEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $00 which was administratively authorized on September 15, 2013; and Amendment No.2 in the amount of $49,700 . 00 which was administratively authorized on July 28, 2014; and NMEREAS, the CONTRACT involves engineering services for the following project: Design oversight and Project Management Services on North Tarrant Express . Segment 3A, Interstate 35W from Interstate 820 to Interstate 30 . VMEREAS, it has become necessary to execute Amendment No. 3 to the CONTRACT to include an increased scope of work and revised fee. NOWTHEREFORE, 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 September 1 , 2015, 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 $400, 000 . 00 . 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 i services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall be )a`k -amount of $1 ,148, 400 .00 . OFFICIAL RECORD Page -1- CITY SECRETARY 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: ENGINEER City of Fort Worth Kimley-Horn and Associates, Inc. , Jesus J. Chapa Glenn Gary, P.E. Assistant City Manager Senior Vice-President DATE: - 16' _6 `1-5— DATE: APPROVAL C�OMMED: Andrew T. Cronberg, P Assistant Director, Water Department APPROVED AS TO FORM AND LEGALITY: M&C : C- 27487 CfAQ/A> Date: September 29, 2015 Ur Douglas W. Black Senior Assistant City Attorney ATTEST: va o�d ry J er o o°�d City SecretaryJa o°o0 00°Oa a �►► 00000,0 OFFICIAL RECORD CITY SECRETARY Page -2- FT. WORTH,TX Kimley>>>Horn September 1, 2015 Mr.John Kasavich, P.E. Project Manager City of Fort Worth Water Department 1000 Throckmorton Street Fort Worth,TX 76102 Re: City of Fort Worth-North Tarrant Express Segment 3A—Amendment No. 3 Budget Modification and Continuation of Services KHA No. 061018113 City Project No. 02011 Dear John: This letter is in reference to a contract between Kimley-Hom and Associates, Inc. (Kimley-Hom) and the City of Fort Worth (the City) dated 12-07-2012 referred to herein as the"Contract". On June 23, 2009, Texas Department of Transportation (TxDOT)entered into a 10-year Agreement with North Tarrant Express Mobility Partners(NTEMP)to identify and construct highway improvements in northeastern part of Tarrant County including portions of the Interstate 35W, Interstate 820 and Interstate 183 corridors within the City. This amendment will provide additional engineering and project management services through December 2016. Kimley-Horn will continue the services outlined as follows: Task -1: Program Management(Partially Reimbursable by NTQ 1.1. Project Administration A. BDE Reporting: Complete monthly M/ BE report forms for the City. Submit M/WBE change forms as necessary for any changes in M/WBE status. B. Monthly Invoices: Prepare monthly invoices that meet the CITY invoice format requirements. C. Deliverables: 1. Monthly BDE Reports to CITY 2. Monthly Invoices to CITY D. Process Payments to Developer: 1. Conduct and document meeting with CITY and Developer to discuss and create payment process protocol. 2. Develop standard invoice and backup material in accordance to the CITY's and Developer's requirements. 3. Conduct and document verification meeting with CITY and Developer regarding the standard invoice and backup material. 801 Kim ey>>>Horn Page 2 3. Conduct and document verification meeting with CITY and Developer regarding the standard invoice and backup material. 4. Monthly invoice and backup material: Prepare monthly invoices and backup material to meet Developer format requirements. E. CITY Expenditure and Reimbursement Tracking and Reporting: 1. Develop financial model to track expenditures and reimbursements in association with CITY betterments, engineering contract expenditures, and contractor reimbursements. 2. Monthly financial model updates: Update and provide CITY with monthly summaries for expenditures and reimbursement on a monthly basis. 3. Deliverables: a.) Meeting notes and action items for each attending party from each meeting. 1.2. Meetings A. Semi-Monthly CITY Progress Meetings(two times per month): Prepare for, conduct and document semi-monthly project update meetings with the CITY project manager and other CITY staff as required. B. Semi-Monthly Developer Progress Meetings (two times per month): Prepare for, conduct and document semi-monthly project update meetings with the Developer and CITY project manager and other CITY staff as required. C. Stakeholder Meetings: Prepare for, conduct and document stakeholder meetings with CITY and appropriate stakeholders along the 1-35W corridor as required over this contract period. D. Deliverables: 1. Meeting notes and action items for each attending party from each meeting. 1.3. Roadway, Water and Sanitary Sewer Conflict Issue Resolutions A. Coordination with CITY regarding conflicts between the future roadway infrastructure and the CITY's water and sanitary sewer infrastructure that creates a service interruption that the CITY deems not in their best interest therefore warranting a potential realignment of the roadway to avoid the conflict with the water and/or sanitary sewer infrastructure. B. Coordination with Developer and/or TxDOT regarding conflicts between the future roadway infrastructure and the CITY's water and sanitary sewer infrastructure that creates a service interruption that the CITY deems not in their best interest therefore warranting a potential realignment of the roadway to avoid the conflict with the water and/or sanitary sewer infrastructure. C. Deliverables: 1. Meeting notes and action items for each attending party from the coordination efforts. 801 - 950. Ft.Worth,TX 76 102 Kim ey>>)Horn Page Task- 2: Conflict Analysis along 1-35W(Fully Reimbursable by NTI) 2.1. 1-35W(North Loop 820 to 1-30)Schematic Review: Review proposed TxDOT ROW maps and proposed roadway alignment schematics as compared to the existing CITY water and sanitary sewer maps. Identify potential conflicts between proposed TxDOT ROW, proposed roadway, water and sanitary sewer utilities. 2.2. Site Visits to Conflict Areas: After conflict identification, perform site visit to obtain additional information not shown on maps and schematics. 2.3. Utility Conflict Packet Reviews: A. Assist CITY with conflict packet review. 1. Review 30%, 60%, 90%, and 100% plan sets. 2. Develop comment logs for each submittal. 3. Keep record of all submittals and review schedules. 2.4. Deliverables A. Conflict review logs (30%, 60%, 90%, and 100% plan sets). B. One full size plan markups for each submittal. 2.5. Meetings A. Attend additional meetings outside of scheduled bi-weekly meetings to resolve any conflicts that may arise and need to be addressed immediately. B. Coordinate any decisions that are made outside of the scheduled bi-weekly meetings. Task - 5: Construction Support Services (Fully Reimbursable by NTI) 5.1. Construction Support Services: Provide professional construction phase services for construction of the proposed project for the purpose of providing assistance to CITY during construction. The CITY will provide construction management services and inspection for the project. This scope of services does not include construction phase services related to inspections or testing, applications for payment, disagreements between the CITY and the Contractor, or determination of substantial completion. The following services will be performed for the construction contract of utility relocations during the contract period: A. Preconstruction Meeting: 1. Attend a preconstruction conference for each relocation project. B. On-site Observation 1. Make Site visits at intervals as directed by CITY in accordance with the construction period in order to observe the progress of the Work. 2. 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 Kimley>>>Horn Page 4 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. C. Progress Meetings: Attend progress meetings based on the construction period and visit the site for observation at that time. D. Shop drawing, samples and other submittals Review: 1. 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. 2. 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. 3. Log all shop drawings, samples and other submittals. E. Substitutions: 1. Evaluate and determine the acceptability of up to three (3) 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. F. Request for information (RFI): 1. Provide necessary interpretations and clarifications of contract documents, and make recommendations as to the acceptability of the work. 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. 801 - 950 Ft.Worlh, TX 76102c . . Kim eye>>>Horn Page 5 G. Final Project Walk Through: 1. Attend the"Final" project 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 2. ENGINEER shall not be responsible for the 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 5.2. Record Drawings A. The Developer will prepare Record Drawings for this project. B. Mylar Submittals- Prior to final plan submittal to the Developer for construction, the ENGINEER will submit a final set of mylar drawings to the CITY for record storage as follows: 1. Water and/or sanitary sewer plans will be submitted as one set of plans. Water and sanitary sewer plans will be separate from paving and drainage plans. Sheets will be standard size (22"x 34")with project numbers(Water/Sanitary Sewer and TPW) prominently displayed. 2. Signed plan sets will also be submitted as an Adobe Acrobat PDF format(version 6.0 or higher)file. Each PDF file will contain associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files will conform to naming conventions as follows: 3. Water and Sewer file name example—"X-35667_org36.pdf'where"X-35667" is the assigned file number obtained from the City of Fort Worth, "_org"designating the file is of an original plan set, "36" will be the total number of sheets in this file 4_ Example: X-12755_orgl8.pdf 5. PDF files will be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppy disks, zip disks, e-mail flash media will not be accepted. 6. For information on the proper manner to submit PDF 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 City Project number and proper fund codes have been assigned and are in the Department of Transportation and Public Works database. 5.3. Deliverables A. Twelve (12) Progress Meeting Agendas and Notes B. Responses to Contractor's Requests for Information C. Review of shop drawings 801 - • 0 Kim ey>>)Horn Page Budget Modifications The proposed budget modifications reflect the additional funds needed for the continuation of services. Tasks 1, 2, 5, and 7 are the tasks needed moving forward. Tasks 1, 2, and 5 need additional funds to continue services while some of the Task 7 funds can be reallocated.The remaining budgets of Tasks 3, 4, and 6 can be fully reallocated to other tasks. The details of the budget modifications can be found in the table below: Remaining Original Amend. Amend. Amend. Revised Budget Description Budget No. 1 No. 2 No. 3 Budget after Amend. No. 3 Task 1 -Program Management $197,800 $0 ,-I J - $48,200 $200,000 $47,143 Task 2-Conflict Analysis $148,600 $0 $0 $171,400 $320,000 $173,588 along 1-35W Task 3-Director $10,000 $0 $0 ($10,000) $0 $0 Communication Task 4-Design Analysis $36,400 $0 $0 ($36,400) $0 $0 Task 5-Construction Support $40,000 $20,000 $46,000 $303,400 $409,400 $282,694 Services Task 6-Utility Assembly(UA) $19,200 $0 $0 ($19,200) $0 $0 Review Task 7-Supplemental Design $196,700 ($107,000) $0 ($20,000) $69,700 $32,756 Task 8-Water and Sanitary $50,000 $0 $0 ($37,400) $12,600 $0 Sewer Design Criteria Task 9-Construction Phase Services (Resident $0 $87,000 $49,700 $0 $136,700 $0 Project Representative) Total 1 $698,700 1 $0 1 $49,700 1 $400,000 $1,148,400 $536,181 The following table summarizes the fee for this amendment by Work Phase: Work Phase Water Sewer Total 31 -Conceptual Design (30%) $60,000 $60,000 $120,000 32-Preliminary Design (60%) $120,000 $120,000 $240,000 33-Final Design (10%) $20,000 $20,000 $40,000 51 -Survey $0 $0 $0 Total $200,000 $200,000 $400,000 Kimley>0 Horn Page 7 The following tables summarize our revisions to the MlWBE percentages: This Amendment Sub-Consultant Fee Lamb-Star Engineering, L,P, $44,000 (Construction Phase Services) Total $44,000 MIWBE Percentage 11.0% Total Contract Description Original Revised Contract Amount $748,400 $1,148,400 Total Contract M/WBE $147,300 $191,300 Total Contract MIWBE 19.7% 16.7% Percentage City's MIWBE Goal 10.0% 10.0% With the budget modification, our total contract M/WBE participation is projected to be$191,300 (16,7%). This meets the City's M/WBE participation requirement of 10.0% and Kimley-Horn's commitment of 11.0%. 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. Glenn A. Gary, R.E. Sr. Vice President GAG/twk Attachments K:{FTW_111ilities1061016113MPPArnendment#3SNTE-3A_Am•3_Ltr doc a • 801 • 1 Ft.Worth, 76102 M&C Review Page 1 of 4 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT rll COUNCIL ACTION: Approved on 9/29/2015 - Resolution No. 4517-09-2015 DATE: 9/29/2015 REFERENCE NO.: **C-27487 LOG NAME: 60NTESEG3AA3 - KHA CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Execution of Amendment No. 3 to City Secretary Contract No. 43959, an Engineering Agreement, with Kimley-Horn and Associates, Inc., in the Amount of $400,000.00 for a Revised Contract in the Amount of$1,148,400.00 for Design Oversight and Project Management Services on North Tarrant Express Segment 3A, IH-35W from IH-820 to IH-30 and Adopt Reimbursement Resolution (COUNCIL DISTRICTS 2, 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No. 3 in the amount of $400,000.00 to City Secretary Contract No. 43959, an Engineering Agreement with Kimley-Horn and Associates, Inc., for Design Oversight and Project Management Services on North Tarrant Express Segment 3A IH-35W from IH-20 to IH-30 for a revised contract total of$1,148,400.00; and 2. Adopt the attached Resolution expressing official intent to reimburse expenditures with proceeds of future debt for Amendment No. 3 to City Secretary No. 43959 for Design Oversight and Project Management Services on North Tarrant Express Segment 3A IH-35W from IH-820 to IH-30. DISCUSSION: On June 23, 2009, Texas Department of Transportation (TXDOT) entered into a 10-year Agreement with North Tarrant Express Mobility Partners (NTEMP) to identify and construct highway improvements in northeastern part of Tarrant County including portions of the IH-35W, IH-820 and IH-183 corridors within the City. On October 23, 2012 (M&C C-25942) the City Council authorized an Engineering Agreement with Kimley-Horn and Associates, Inc. (Kimley-Horn), in the amount of $698,700.00 for design oversight and project management services on North Tarrant Express Segment 3A on IH-35W from IH-820 to IH-30 (City Secretary Contract No. 43959). On September 18, 2013, the Agreement was amended to provide for revised scope at no additional cost. On July 28, 2014, the Agreement was administratively amended to provide for additional scope and fee in the amount of$49,700.00. As NTEMP continues to expand the highway project, it is necessary to execute Amendment No. 3 to provide for following additional services on the project: Project management. Plan reviews of drawings provided by the contractor or other engineers. Construction support services including attend preconstruction meetings, on-site observations, construction progress meetings and shop drawing reviews. Project meetings with the City, stakeholders, contractors, other consultants and citizens. Conflict Analysis along IH-35W. Subject to approval of this M&C, appropriations for Amendment No. 3 will consist of the following: Water Isewer ITotals JAuthorization Original http://apps.cfwnet.org/council_packet/mc review.asp?ID=21566&councildate=9/29/2015 10/8/2015 M&C Review Page 2 of 4 Contract $349,350.00 $349,350.00 $ 698,700.00 C-25942 Amount Amendment $ 0.00 $ 0.00 $ 0.00 Administrative No. 1 Amendment $ 24,850.00 $ 24,850.00 $ 49,700.00 Administrative No. 2 Amount of Proposed $200,000.00 $200,000.00 $ 400,000.00 This M&C Amendment Revised Contract $574,200.00 $574,200.00 $1,148,400.00 Amount Upon approval of this Mayor and Council Communication, appropriations will consist of the fallowing: Engineering Agreement $1,148,400.00 Utility Betterment (M&C C-26908) $1,500,000.00 Project Management, Inspection and as- $ 93,300.00 Built Serves Project Appropriations 11 $2,741,700.00 Total chart below depicts the total project funding by source: Existing Additional Revised Remaining Fund Appropriations Appropriations Appropriations Encumbrances/ Expenditures Balance Water Capital Projects $ 30,000.00 $ 0.00 $ 30,000.00 $ 13,680.42 $ 16,319.58 Fund P253 Sewer Capital Projects $ 10,000.00 $ 0.00 $ 10,000.00 $ 8,472.89 $ 1,527.11 Fund P258 Water I Capital Projects $ 1,900,850.00 $ 0.00 $ 1,900,850.00 $ 377,240.72 $1,523,609.28 Fund (P265) Sewer Capital Projects $ 400,850.00 $ 0.00 $ 400,850.00 $ 368,677.83 $ 32,172.17 Fund P275 2017 Water and Sewer Revenue $ 0.00 $ 400,000.00 $ 400,000.00 $ 0.00 $ 400,000.00 Bonds Capital Project Fund (P266) http://apps.cfwnet.org/council_packet/mc review.asp?ID=21566&councildate=9/29/2015 10/8/2015 M&C Review Page 3 of 4 Project $ $ 400,000.00 $ $ 768,071.86 $1,973,628.14 Total 2,341,700.00 2,741,700.00 This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note Program will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one- percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short- term financing source, another funding source will be required, which could mean issuance of securities under the Direct Purchase Note Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. The Financial Management Services Department is currently working with all departments to ensure that multi-year capital improvements plans are in place. Newly developed and already existing plans, such as the Water Department's current multi-year capital improvement plan, will be presented to City Council for review and adoption. If the City Council-adopted plan does not include issuance of debt for this specific project, the project will be funded by other financing sources. If the council-adopted plan calls for debt issuance, that debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax- exempt bond proceeds. Of the original contract amount of $698,700.00, NTEMP (as of March 2015) has reimbursed the City $233,702.22. Kimley-Horn proposes to perform the additional tasks for a lump sum fee in the amount of $400,000.00 Staff considers this fee to be fair and reasonable for the scope of services proposed. M/WBE OFFICE - Kimley-Horn agrees to maintain its initial M/WBE commitment of 11 percent that it made on the original Agreement and extend and maintain that same M/WBE commitment of 11 percent to all prior amendments up to and inclusive of the Amendment No. 3. Therefore, Kimley-Horn remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE Commitment Form executed by and an authorized representative of its company. This project is located in COUNCIL DISTRICTS 2, 8 and 9, Mapsco 49F, 49L, 49Q, 49X, 63B, 63F, 63P, 63T and 63X. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the 2017 Water and Sewer Revenue Bonds Capital Project Fund for this contract. Currently available revenue in the 2017 Water and Sewer Revenue Bonds Capital Project Fund is $40,956,639.97. Upon approval of the recommendation, revenue will be appropriated for use in the project, as follows: Fund Available Projected Balance Appropriation Amount Expenditures 2017 Water and Sewer Revenue Bonds Capital Project $ 40,956,639.97 $ 400,000.00 $40,556,639.97 Fund TO Fund/AccounVCenters FROM Fund/AccounVCenters http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21566&councildate=9/29/2015 10/8/2015 M&C Review Page 4 of 4 P266 531200 602170201131 $60,000.00 P266 531200 602170201132 $120,000.00 P266 531200 602170201133 $20,000.00 P266 531200 702170201131 $60,000.00 P266 531200 702170201132 $120,000.00 P266 531200 702170201133 $20,000.00 Submitted for City Manager's Office by: Jay Chapa (6122) Originating Department Head: John Carman (8246) Additional Information Contact: John Kasavich (8480) ATTACHMENTS 60NTESEG3AA3-KHA REIMB RESOLUTION.doc 60NTESEG3AKHA-Map.pdf http://apps.cfwiiet.org/council_packet/mc review.asp?ID=21566&councildate=9/29/2015 10/8/2015