HomeMy WebLinkAboutContract 46834-A1 CITY SECRETA
AkMND NT No . 1 CONTRACT NO.
TO CITY SECRETARY CONTRACT
`�Y`JHERFA,S, the City of Fort Worth (CITY) and Kimley-Horn
and Associates, Inc. , (ENGINEER) made and entered into City
Secretary Contract No. 46834, (the CONTRACT) which was
administratively authorized on the 2nd day of July, 2015 in the
amount of $49,500 . 00; and
V*IEW1£EAJS, the CONTRACT involves engineering services for
the following project:
North Tarrant Express Segment 3C, IH - 35W from US
81/287 to Alliance Boulevard; and
WHERFAS, it has become necessary to execute Amendment
No. l 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 28, 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 $120, 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 he
an amount of $169,500 . 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 last writte
My sEq;RE 1TARy
Page -1- �u MOP 1 H9 VMa
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: 2�g (�4, DATE:
APPROVAL RECOMMENDED :
/ /
Christopher Harder, P.E.
Acting Assistant Director, Water Department
APPROVED AS TO FORM AND LEGALITY: M&C: C-27910
Date September 13, 2016
Douglas W. Black 31(L
Senior Assistant City Attorney
ATTEST: 717
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MaryJ J. s wow
City Se tary �o` � ° i'
OFFI7RECORDCITYFT.
Page -2-
Kimley>>>Horn
June 28, 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 3C—Amendment No. 1
Continuation of Services
KHA No. 061018146
City Project No. 02635
Dear John:
This letter is in reference to a contract between Kim ley-Horn and Associates, Inc. (Kimley-Horn) and
the City of Fort Worth (the City) dated 07-10-2015 referred to herein as the"Contract".
The Texas Department of Transportation (TxDOT) is entering into an Agreement with a qualified
Developer to identify and construct highway improvements in Tarrant County including portions of the
Interstate 35W corridor within the City.
This amendment will provide additional engineering and project management services. Kimley-Horn
will provide the services outlined as follows:
Task - 1: Program Management (Partially Reimbursable by Developer)
1.1. Project Administration:
A. BDE Reporting: Complete monthly M/WBE 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.
4. Monthly invoice and backup material: Prepare monthly invoices and backup
material to meet Developer format requirements.
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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.
Task - 2: Conflict Analysis along 1-35W (Fully Reimbursable by Developer)
2.1. 1-35W (Eagle Pkwy to North Tarrant Pkwy) 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 Plan Set Reviews:
A. Assist CITY with conflict plan set review.
1. Review 30%, 60%, 90%, and 100% plan sets.
2. Develop comment logs for each submittal.
3. Keep record of submittals and review schedules.
2.4. Deliverables:
A. Conflict review logs(30%, 60%, 90%, and 100% plan sets).
B. One full or half size plan markups for each submittal.
801 - - • 0
Kim ey>>>Horn Page 3
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 at a separate meeting.
B. Coordinate decisions that are made outside of the scheduled bi-weekly meetings with
Contractor, City staff, and any other stakeholders.
Task - 3: Construction Support Services (Fully Reimbursable by Developer)
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
Developer or their subcontractors, 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 CONSULTANT 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 CONSULTANT'S exercise of professional
judgment. Based on information obtained during such visits and such observations,
CONSULTANT will evaluate whether Contractor's work is generally proceeding in
accordance with the Contract Documents, and CONSULTANT will keep CITY
informed of the general progress of the Work.
3. The purpose of CONSULTANT'S site visits will be to enable CONSULTANT to
better carry out the duties and responsibilities specifically assigned in this
Agreement to CONSULTANT, and to provide CITY a greater degree of confidence
that the completed Work will conform in general to the Contract Documents.
CONSULTANT 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 CONSULTANT 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, CONSULTANT 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:
1.Attend progress meetings based on the construction period and visit the site for
observation at that time.
801 - Street, - 950, Ft.Worth, TX 76102
Ki m ey)))lu
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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. CONSULTANT 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. CONSULTANT 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. CONSULTANT shall not have the authority or
responsibility to stop the work of any Contractor
3.2. Review of Closeout Documents:
A. The CONSULTANT will review the Developer's closeout documents for each conflict
package for compliance with the City's standard requirements for project closeout.
B. The Developer will prepare Record Drawings for this project.
1. The CONSULTANT will review and comment on Developer's Record Drawings for
compliance with the City's standard requirements for Record Drawings.
3.3. Deliverables:
A. Twelve(12) Progress Meeting Agendas and Notes
B. Responses to Contractor's Requests for Information
C. Review of Closeout Documents
801 - • 0 Ft.Worth, TX 76102
Kim ey>>>Horn Page 5
Budget Modifications
The proposed budget modifications reflect the additional funds needed for the additional services. The
details of the budget modifications can be found in the table below:
Description Original Budget Amend. Revised
No. 1 Budget
Water $29,700 $60,000 $89,700
Sewer $19,800 $60,000 $79,800
Total $49,500 $120,000 $169,500
The following tables summarize our revisions to the SBE percentages:
This Amendment
Sub-Consultant Fee
Lamb-Star Engineering, L.P.
(Construction Phase Services) $9,600
Total $9,600
SBE Percentage 8.0%
Total Contract
Description Original Amend. Revised
No. 1
Contract Amount $49,500 $120,000 $169,500
Total Contract SBE $5,000 $9,600 $14,600
Total Contract SBE 10.1% 8.0% 8.6%
Percentage
°
City's SBE Goal -- 8.0% 8.0%
With the budget modification, our total contract SBE participation is projected to be$14,600 (8.6%).
With an 8.0% goal, this would meet the City's SBE participation requirement and
Kimley-Horn's commitment of 8.0%.
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Compensation
The ENGINEER shall be compensated an additional fee of$120,000 on a cost plus maximum basis
for the services as summarized above. The CITY will compensate the CONSULTANT for the various
items listed above on a reimbursable basis, where the total contract amount may not be exceeded
without an amendment, task budget may be exceed. Labor fee will be billed at 3.50 times the salary
cost. Direct reimbursable expenses such as express delivery services, fees, air travel, subconsultant
expenses, printing, and other direct expenses will be billed at 1.10 times cost. Other expenses such as
in-house duplicating, local mileage, telephone calls, facsimiles, postage, word processing and
technical use of computers shall be.included as part of the labor rate multiplier. Administrative time
related to the project may be billed hourly.All permitting, application, and similar project fees that are
not identified specifically in the scope of services shall be.paid directly by the CITY.
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
KTM Ulilllies1061018146-NTE-301PPPIPOST NTP1Amendment1AMTE-3C Am-1 Ur.doc
• a
801 - - • 1 Ft.Worth, 76102
FIDs for M&C 60NTESEG3CA1-KHA
Fund identifiers (FIDs)
TO
Department Proiect Budget Reference#
Fund ID Account ID Program Activity Year Chartfield Amount
— — 2
FROM
Fund Department Account Proiect Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
56005 0600430 5330500 CO2635 C01730 2016 $60,000.00
56005 0700430 5330500 CO2635 C01730 2016 $60,000.00
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA
oR rTN
COUNCIL ACTION: Approved on 9/13/2016
DATE: 9/13/2016 REFERENCE NO.: **C-27910 LOG NAME: 60NTESEG3CA1-KHA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 in the Amount of$120,000.00 to City Secretary
Contract No. 46834, an Engineering Agreement with Kimley-Horn and Associates, Inc., for
a Revised Contract Amount of$169,500.00 for the North Tarrant Express Segment 3C, IH-
35W from US 81/287 to Alliance Boulevard Project (COUNCIL DISTRICTS 4 and 7)
RECOMMENDATION:
It is recommended that City Council authorize execution of Amendment No.1 in the amount of
$120,000.00 to City Secretary Contract No. 46834, an Engineering Agreement with Kimley-Horn and
Associates, Inc., for a revised contract in the amount of$169,500.00 for the North Tarrant Express
Segment 3C, IH-35W from US 81/287 to Alliance Boulevard project.
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 the northeastern part of Tarrant County including portions of the IH-35W, IH-820,
and IH-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 July 9, 2015, the City Manager authorized an administrative Engineering Agreement with Kimley-
Horn and Associates, Inc., in the amount of$49,500.00 for design oversight and project management
services on the North Tarrant Express Segment 3C on IH-35W from US 81/287 to Alliance
Boulevard.
Amendment No. 1 will provide additional design oversight and project management as NTEMP
continues to expand the highway project.
The proposed scope of services consists of:
• Project management.
• Plan review 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.
M/WBE OFFICE: Kimley-Horn and Associates, Inc., is in compliance with the City's BDE Ordinance
by committing to an additional eight percent SBE participation on this Amendment No. 1. The City's
SBE goal on this Amendment is eight percent.
This project will have no impact on the Water Department's operating budget when complete.
Kimley-Horn and Associates, Inc., proposes to provide the necessary engineering services for a lump
sum fee of$169,500.00. Staff considers the proposed fee to be fair and reasonable for the scope of
services proposed.
The project is located in COUNCIL DISTRICTS 4 and 7, Mapsco 7U, 21 F, 21 G, 21 K, 21 L, 21X and
21Y.
httn:Hanns.cfwnet.orLY/council nacket/mc review.asn?ID=22790&councildate=9/13/2016 9/14/2016
M&C Review Page 2 of 2
FISCAL INFO RMATION/CERTIFICATION:
The Director of Finance certifies that the appropriation is available as directed by M&C G-18375 in
the Water and Sewer Bond 2016 Fund for the North Tarrant Express Segment 3C, IH-35W from US
81/287 to Alliance Boulevard Project 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 $512,890.00 $0.00 $512,
Fund 59601 890.00
Sewer Capital $235,530.00 $0.00 $235,530.00
Fund 59607
Water and
Sewer Bond $120,000.00 $0.00 $120,000.00
2016 56005
Project Total $868,420.00 $0.00 $868,420.00
*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 I I ID I 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)
ATTACHMENTS
60NTESEG3CA1-KHA Form 1295.pdf
60NTESEG3CA1-KHA Fund Identifiers.pdf
60NTESEG3CA1-KHA Map01.pdf
SAM Kimley Horn and Associates Inc.pdf
httn://anns.cfwnet.org/council backet/mc review.asb?ID=22790&councildate=9/13/2016 9/14/2016
0 ,a1�9
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
loll
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-63912
Kimley-Horn and Associates, Inc.
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/01/2016
being filed.
City of Fort Worth,Texas Date Ackno�
�7prledged:
1
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
46834
North Tarrant Express Segment 3C(HI-35 W from US 81/287 to Alliance Boulevard)
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Wilson, Mark Dallas,TX United States X
Schiller,Mike Dallas,TX United States X
Peed, Brooks Dallas,TX United States X
Atz,John Dallas,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
LINDSAY HARTMAN
-(0 Notary Public, State of Texas
�'. t; Comm.Expires 02.26.2020 �L
6'1�0, %,%, Notary ID 130657501
"� �"� Signature of aul o ized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said ��V t(l�p\ s this the I S t day of
20to certify which,witness my hand and seal of office.
Ja'Lfy L ncka\. Gtr-F�lYl�tti t CCo (e rn SSi 7�
Signatur of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.1021