HomeMy WebLinkAboutContract 43959-A4 f
till I SECRETA 6Y
CONTRACT 140.
5 AMENDMENT No. 4
TO CITY SECRETARY CONTRACT
WHEREAS, 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
WHEREAS, 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 Amendment No.
4 in the amount of $400,000 . 00 which was authorized by M&C C-
27935 on September 20, 2016; and
AREAS, 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 .
WHEREAS, it has become necessary to execute Amendment
No. 4 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
June 1 , 2016, 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
services performed under the Contract, as amended, so that the
total fee paid by the City for all work and services shall be
OFF
an amount of $1,548,400 . 00 . MAL RECORD
TAh'iv' .C'RF
Page -1-
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: �p�� ' ( DATE: 7,p2l_��
APPROVAL RECOMMENDED :
z2L�� W
Christopher Harder, P.E.
Acting Assistant Director, Water Department
APPROVED AS TO FORM AND LEGALITY: M&C: C- 27935
//k Date: September 20, 2016
Douglas W. Black �/ f ` V4
Senior Assistant City Attorney
ATTEST:
ary ayser g
City fecretary f �®���_
OFFICIAL Page -�-
Kimley)))Horn
June 1, 2016
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.4
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-Horn and Associates, Inc. (Kimley-Horn) 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 FY
2017. Kimley-Horn will continue the services outlined as follows:
Task- 1: Program Management (Partially Reimbursable by NTI)
1.1. Project Administration
A. BDE Reporting: Complete monthly MIWBE 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.
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4. Monthly invoice and backup material: Prepare monthly invoices and backup
material to meet Developer format requirements.
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 thatthe 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.
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 3.0%, 60%,90%,and 100%plan sets.
2. Develop comment logs for each submittal.
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3. Keep record of all submittals and review schedules.
2.4: Deliverables
A. Conflict review logs (30%0, 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 -3: Construction Support Services (Fully Reimbursable by NTL)
3.1. 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
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.
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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.
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. EN_G[NEER 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 orfurnishing the Work. ENGINEER shall not have the authority or
responsibility to stop the work of any Contractor
3.2. Record Drawings
H. The Developer will prepare Record Drawings for this project.
I. 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-
OR im
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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.
3.3. Deliverables
J. Twelve(12) Progress Meeting Agendas and Notes
K. Responses to Contractor's Requests for Information
L. Review of shop drawings
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Budget Modifications
The proposed budget modifications reflect the additional funds needed for the continuation of services.
The details of the budget modifications can be found in the table below:
Description Original Amend. Amend. Amend. Amend. Revised
Budget No. 1 No.2 No.3 No.4 Budget
Task 1 -Program Management $197,800 $0 ($46,000) $48,200 $200,000 $400,000.
Task 2-Conflict Analysis
alon 1-35W $148,600 $0 $0 $171,400 $0 $320,000
Task 3-Director $10,000 $0 $0 ($10,000) $0 $0
Communication
Task 4-Design Analysis $36,400 $0 $0 �.($6OT4ob) $0 $0.
Task 5-Construction Support
Services $40,000 $20,000 $46,000 $303,400 $200,000 $609,400
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) $0 $69;700
Task 8-Water and Sanitary $50,000 $0 $0 ($37;400) $0 $12;600
Sewer Design Criteria
Task 9-Construction Phase
Services (Resident $0 $87,000 $49,700 $0 $0 $136,700
Project Representative)
Total $698,700 $0 $49,700 $400,000 $400,000 $1,548,400
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 $1201000 $240,000
33-Final Design (10%) $20,000 $20,000 $40,000
51 -Survey $0 $0 $0
Total $200,000 $200,0.00 $400,000
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The following tables summarize our revisions to the M/WBE percentages:
This Amendment
Sub-Consultant Fee
Lamb-Star Engineering, L.P. $44,000
(Construction Phase Services)
Total $44,000
M/WBE Percentage 11.0%
Total Contract
Description Original Revised
Contract Amount $1,148,400 $1,548,400
Total Contract M/WBE $193,250 $237,250
Total Contract M/WBE 16.8% 15.3%
Percentage
City's MIWBE Goal 10.0%a 10.0%
With the budget modification, our total contract M/WBE participation is projected to be$237,250
(15.3%). This meets the City's M/WBE participation requirement of 10.0% and Kimley-Hom'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, P.E.
Sr. Vice President
GAG/twk
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M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT, Ii
COUNCIL ACTION: Approved on 9/20/2016
DATE: 9/20/2016 REFERENCE NO.: **C-27935 LOG NAME: 60NTESEG3AA4-KHA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 4 to City Secretary Contract No. 43959, an
Engineering Agreement with Kimley-Horn and Associates, Inc., in the Amount for
$400,000.00 for a Revised Contract Amount of$1,548,400.00 for Design Oversight and
Project Management Services for North Tarrant Express Segment 3A, IH-35W from IH-
820 to IH-30 (COUNCIL DISTRICTS 2, 8, and 9)
RECOMMENDATION:
It is recommended that the City Council authorize execution of Amendment No. 4 in the Amount of
$400,000.00 to City Secretary Contract No. 43959, an Engineering Agreement with Kimley-Horn and
Associates, Inc., for a revised contract in the amount of$1,548,400.00 for the 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 1-35W, 1-820, and SH-
183 corridors within the City. TXDOT controls the schedule timeline, the scope and the total cost of
this project. These improvements affect the City's water and wastewater infrastructure which must
often be rerouted.
On October 23, 2012 (M&C C-25942) the City Council Authorized an Engineering Agreement with
Kimley-Horn and Associates, Inc., 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. The
Agreement was subsequently revised by three amendments totaling $449,700.00 as follows:
Amendment No. 1 for a revised scope with no additional cost was administratively authorized
September 18, 2013; Amendment No. 2, in the amount of$49,700.00, administratively authorized
July 28, 2014 and Amendment No. 3, in the amount of$400,000.00, authorized September 29, 2015
(M&C C-27487).
This Amendment No. 4 will provide additional engineering services as NTEMP continues to expand
the scope of the highway project.
The proposed scope of services consists of:
• 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
Kimley-Horn and Associates, Inc., proposes to provide the additional services for a lump sum fee of
$400,000.00. Staff considers the proposed fee to be fair and reasonable for the scope of services
proposed.
M//WBE OFFICE: Kimley-Horn and Associates, Inc., 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 this Amendment
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No. 4. Therefore, Kimley-Horn and Associates, Inc. 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 an authorized representative of its company.
This project will have no impact on the Water Department's operating budget when complete.
Of the original contract amount of$698,700.00, NTEMP (as of July 2016) has reimbursed the City
$233,702.22.
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 Director of Finance certifies that the appropriation is available as directed by M&C G-18375 in
the Water/Sewer DPN Fund for the Design Oversight and Project Management Services on North
Tarrant Express Segment 3A, IH-35W from IH-820 to IH-30 and that upon approval of the above
recommendation, funds will be as depicted in the table below by fund:
FUND Current Proposed Total*
Appropriations Appropriations
Water Capital $2,125,855.00 $0.00 $2,125,855.00
Fund 59601
Sewer Capital $410,850.00 $0.00 $410,850.00
Fund 59607
Water and
Sewer Bond $400,000.00 $0.00 $400,000.00
2015A 56007
Water and
Sewer Bond $2,175,000.00 $0.00 $2,175,000.00
2016 56005
Project Total 1 $5,111,705.00 $0.00 $5,111,705.00
*Amounts rounded for presentation purposes.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I Year (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: John Carman (8246)
Additional Information Contact: John Kasavich (8480)
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ATTACHMENTS
60NTESEG3AA4-KHA FID Table.pdf
60NTESEG3AA4-KHA Form 1295.pdf
60NTESEG3AA4-KHA Map01.pdf
SAM Kimlev Horn and Associates Inc.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22795&councildate=9/20/2016 9/21/2016
FIDS for M&C Log Name: 60NTESEG3AA4-KHA
Fund identifiers (FIDs)
TO
Department Proiect Budget Reference#
Fund ID Account ID Program Activit Year (Chartfield 2) Amount
FROM
Department Account Proiect Budget Reference#
Fund ID ID Program Activi Year (Chartrield 21
Amount
56005 0600430 5330500 CO2011 C01731 2016 $60,000.00
56005 0600430 5330500 CO2011 C01732 2016 $120,000.00
56005 0600430 5330500 CO2011 C01733 2016 $20,000.00
56005 0700430 5330500 CO2011 C01731 2016 $60,000.00
56005 0700430 5330500 CO2011 C01732 2016 $120,000.00
56005 0700430 5330500 1 CO2011 C01733 2016 $20,000.00