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HomeMy WebLinkAboutContract 31492-A3 AMENDMENT NO. 3 STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 31492-A3 (No M&C Needed) COUNTY OF TARRANT § WHEREAS, the City of Fort Worth (City) and Baird, Hampton & Brown Inc., (Engineer) made and entered into City Secretary Contract No. 31492 (the Contract) which was authorized by the City Council by M&C C-20513 on the Stn day of February, 2005; and WHEREAS, the Contract involves engineering services for the following project: 2004 CIP Minor Drainage Project — Contract A, Project No. 00093 DOE No. 4825 WHEREAS, it has become necessary to execute Amendment No. 3 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. Article I of the Contract is amended to include the additional engineering services as specified in a proposal letter dated December 14th, 2009, a copy of which is attached hereto and incorporated herein. The cost to City for the additional services to be performed by Engineer total $24,690. The additional contract time for these services is 90 working days. 2. Article II 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 $ 86,231 + $ 20,477 for Amendment No. 1 + $ 251,056 for Amendment No. 2 + $24,690 for this amendment, o $ 382,454 OFFICIAL RECORD CITY SECRETARY Contract Amendment No. 3 FT. WORTH, TX Page 1 of 2 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. Executed on this the tt-"' day ofLA2�&�, 2010, in Fort Worth, Tarrant County, Texas. APPROVAL RECOMMENDED: APPROVED: Willia A er est, P.E. Fernando Costa Direct Assistant City Manager Transportation & Public Works Department Baird, Hampton & Brown Ince No by lac: ENGINEER ATTEST: Marty Hend , City Secretary Konstantine Bakintas; P.L p 00000000 0 p dA�� Principal, Sr. Civil Engineer � o d 0 APPROVED AS TO FORM AND LEGALITY: 0 ® d 00 000000 Amy R ms Assistant City Attorney OFFICIAL RECORD Contract Amendment No. 3 CITY SECRETARY Page TX Page 2 of 2 a 0 0 Baird, Hampton & Brown, Inc. a 0 o Engineering & Surveying December 14, 2009 Mr. J. Felipe Pulido, Project Manager Fort Worth Integrated Program Management Transportation & Public Works -Storm Water Management City of Fort Worth 900 Monroe Street, Ste. 201 Fort Worth, TX 76102 Tel 817-870-1129 RE: ENGINEERING CONTRACT AMENDMENT No. 3 '04 CIP Drainage Projects—Contract A A6. Monticello Park SD Extension A9. Timberline Drive SD Extension City Project No 00093, & City Secretary No 31492 DOE 4825& BHB No. 07.728.00 Mr. Pulido: We are pleased to have been selected to assist the City of Fort Worth with the above referenced project; submitted herewith, is our request for a contract amendment to address the additional scope of work requested by the Storm Water Management(SWM); specifically, to prepare a two dimensional hydrologic and hydraulic computer model. We understand SWM wishes to model the subject basin, existing storm drain infrastructure and proposed storm drain improvements utilizing the Wallingford's InfoWorks 2D Software. Through a brief review of this software, we've learned that InfoWorks 2D facilitates fast, accurate and detailed surface flood modeling. Wallingford states that"Two-dimensional (2D) simulation is better suited than one-dimensional simulation (1 D) for modeling flows through complex geometries (such as urban streets and buildings, road intersections and other transport infrastructure), and open ground, where either source or direction of flow is problematic to assume. In urban areas the situation is exacerbated further by the presence of sewer networks, in which flows can both enter and exit the system during flood events." To fulfill SWM's request, we propose to develop and execute an existing conditions 2D model, and up to three proposed storm drain system (alternative) models. Our efforts will focus within the limits of the proposed storm drain system defined in our previous submitted concept plans. We anticipate summarizing our findings in a short letter report and recommending an appropriate storm drain system configuration. The actual 2D modeling will be sub-contracted to Freese and Nichols, Inc.; a detailed scope of services for their efforts in enclosed. We propose to address SWM's request for additional services as follows: System Configurations & Coordination 4X175 + 40X100 = 4,700 2D Modeling by Freese & Nichols 13,900 X 1.1 = 15,290 Summarize Findings & Recommend... 4X175 +40X100 = 4,700 Total for Additional Services Amendment No. 3 $24,690 6300 Ridglea Place, Ste 700 Fort Worth,Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com Baird, Hampton & Brown, Inc. Engineering & Surveying Mr, J. Felipe Pulido, Proj. Mgr. December 14, 2009 Page 2 This is a total fixed fee amount, for Amendment No. 3, of Twenty Four Thousand Six Hundred and Ninety ($24,690) Dollars, To address this additional scope of work, we request our contract time/duration be extended by ninety(90)working days. Our overall professional services contract for this project is summarized below. Original Contract $ 86,231 in 2004 Amendment No 1 $ 20,477 in 2005 Amendment No 2 $251,056 in 2008 Amendment No 3 24,690 proposed herein Total w/Amendments $382,454 We appreciate the opportunity to submit this request for amendment, and look forward to further assisting you with this project. Thank you BHS Engineering & Surveying r Konstantine Bakintas, PE Principal, Sr_ Civil Engineer Enclosure Proposal for 2D H&H Services by Freese& Nichols e V2007 000 00012407 728.0001doC.s>contracftamendment(2d 11M model)proposal.doc 6300 Ridgle8 C'lace;Ste 700 Fart Worth,Texas 76716 Tel:817-338-1277 Fax'817-338-9245 E-Mail:mail@bhbine.com Freese and Ni Ch Q LS, Inc. Engineers Environmental Scientists Architects Planners 4055 International Plaza,Suite 200 Fort Worth, Texas 76109 817 735-7300 817 735-7491 fax www.freese.com October 28, 2009 Konstantine Bakintas,P,E.,Principal Baird,Hampton &Brown, Inc. 4550 S.H. 360, Suite 180 Grapevine,TX 76051 Dear Mr. Bakintas In response to our telephone conversation with you on Tuesday October 20,2009,we are pleased to submit this proposal for providing professional engineering(planning services to Baird Hampton and Brown(BHB)for the City of Fort Worth Monticello Park Drainage Study. We understand that thO proposed improvements design that you are contracted to perform for your current agreement with the City of Fort Worth will require a two-dimensional hydrologic and hydraulic analysis of the proposed storm drainage system and we will utilize Wallingford Infoworks 2D software in performing our services, SCOPE OF SERVICES Freese and Nichols will render the following professional services in connection with the development of the Project: 1. Obtain information regarding the existing storm drain system and the existing topographic information for the project site, This information may include: digital topographic and photographic data, construction plans, drainage area maps, existing hydrologic and hydraulic computations and field survey information. This information will be utilized to obtain information regarding storm drain system material, size, depth, horizontal and vertical location, contributing drainage areas, inlet and outfall Jocatiops,for,development..of nod .. . ..........: ... .. ..... . . . .'.•: evelo .and execu a exis.' .P . to ..n. tin � txditian �'•D•� o yt 4e) ' . .. •. ;'f.:::�.-•.:�.:•.:.•.a•....i:.:.'...::::::v-:..:: ;:;1,;;.;Qbt mu to Free ro 0 �. #. sed ro ::;•:....,..:.. • .... '•... .p... ,. ... ... ..e . .alt xnative.i• .omntle •Will include size, ali mnent 'n ;fl g .. . .. ,.a. d: owlipe.infoixratioii. Ecutod ls`a �" ' .e. to ..dQ�ua�iexltte$'tilt�;: :4. with • . s to disc s s al.t -'-.Meet B. uIta 3 trrn ruat i v e s d ...... .,.au• dings re are r'e ` b i„f.letterxe ork. 2-3: a es e ... ..�., A (,. 1?,.g•. ).d•.tailin metliodolo : ssur ti :;,,:: ...:>.•• : .... :.., .'j':.'.; :;':::;`' :$3'r••':.: ::::.p ..;,..:..,.. scorn arisol wit .R .•:°. :.::::::.:::: .:;... :•,>:.::':::::,.:;::....::. . .,o ,kr„ort Werth desi Page 2 TIME OF COMPLETION Freese and Nichols is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in accordance with the following schedule: 60 days from receipt of data requested in Item 1 above. If Freese and Nichols'services are delayed through no fault of Freese and Nichols,Freese and Nichols shall be entitled to equitable adjustment of compensation and Freese and Nichols shall be entitled to adjust contract schedule consistent with the number of days of delay. RESPONSIBILITIES OF BAB BHB shall perform the following in a timely manner so as not to delay the services of Freese and Nichols: A. Designate in writing a person to act as BHB's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define BNB's policies and decisions with respect to Freese and Nichols' services for the Project. B. Provide all criteria and full information as to City of Fort Worth and BHB requirements for the Project, including design objectives and constraints,space,capacity and performance requirements,flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which City of Fort Worth and BHB will require to be included in the study. C. Assist Freese and Nichols by placing at Freese and Nichols' disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. D. Arrange for access to and make all provisions for Freese and Nichols to enter upon public and private property as required for Freese and Nichols to perform services under this Agreement. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Freese and Nichols, obtain advice of an attorney, insurance counselor and other consultants as BHB deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Freese and Nichols, F. BHB shall•matte or arrange:to have made,all subsurface inyestigations,.including,but not limited,to °hotdngs,#est pits,soit:'gs1§ttvit Tsui cys,and,other subsurface e p1Q}atons..BlIB shall also makeor apg� o' ve:aua lia l e ztte pretaU*s,of di and tepQtwiesultui fiom sttcl�iuvesti ti ns. •''�:�4�sis�.s.Qo�.ate w t � .. :. g� .. ,. , ga .p: Ail tl suo �rlyostigatl4ps halLbe paid.by B, B ort iB's Client. 'e ..end e... ,e .;ndent: oststgyrating nd:insurance cQuUselirtg cervlms.as utplQ theProjcf.':such:logal services as BHB or City of Fort Woxt>�:ina .ire ulte.orFres .and q Nithpls may rasonapty request yyith:re and to. e al issues para.nin `to';th�.Pro"ect, e..e. ; g J, ..., PDrainage•doc Page 3 DESIGNATED REPRESENTATIVES Freese and Nichols and OWNER designate the following representatives: • Owner's Designated Representative—Konstantine Bakintas, Baird Hampton &Brown, Inc., 4550 S.H. 360, Suite 180, Grapevine,TX 76051, 817.338.1277(phone),kb@bhbinc.com • Owner's Accounting Representative— • Freese and Nichols'Project Manager—Kelly Dillard,4055 International Plaza,Suite 200,Fort Worth, TX, 76109, 817.735,7300(phone), 817.735.7491 (fax),kdd@freese.com • Freese and Nichols'Accounting Representative—Patricia Allen,4055 International Plaza,Suite 200, Fort Worth,TX, 76109, 817.735.7300(phone), 817.735.7491 (fax),pla@freese.com COMPENSATION FNI proposes to furnish our services as described herein in accordance with Attachment CO,"Compensation". The total fee for Basic Services shall be computed on the basis of Attachment CO but shall be the lump sum fee of thirteen thousand,nine hundred dollars($13,900). If FNI sees the Scope of Services changing so that additional services are needed, FNI will notify Konstantine Bakintas for BBB's approval before proceeding. Additional services shall be computed based on the Schedule of Charges found in Attachment CO. Payment of the services shall be due and payable upon-submission of a statement for services. Statements for services shall not be submitted more frequently than monthly, TERMS AND CONDITIONS OF AGREEMENT We propose to furnish our services as described herein in accordance with Attachment TC, "Terms and Conditions of Agreement". We appreciate this opportunity to submit this proposal. If additional information or clarification is desired, please do not hesitate to contact us. If you are in agreement with the services described above and wish for us to proceed with this assignment, please sign below and return one copy of the agreement for our files. Yours very truly, Approved: FRE ESE-A ND.t:NICJjQLS NC , $aid, to.»tu $rOn,Inc. KS tle` b :;; d F,. . .:::...:. D CFM .- ...:... `_.}:fes' S•t it .. 5 f. ate• •"� ...:.......... 2;Contj opt� Ac'tj2D0U;etAe �BIJ$-FCW: qeho Drainage.doc ATTACHMENT CO COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER A. Basic Services: Compensation to FNI for the Basic Services in Attachment SC shall be the lump sum of thirteen thousand,nine hundred dollars($13,900). If FNI sees the Scope of Services changing so that additional services are needed,including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work: Staff Member Salary Cost Times Multiplier of 2.02 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, ' unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave,vacation and holiday pay applicable thereto. Other Direct Expenses Actual Cost Times Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense,communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non- FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services,these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Rates for In-house Services Computer Printing $10.00 per hour Black and White $0.10 per copy Plotter Color Bond $2.50 per plot $0.50 per copy Special $5.00 per plot Color $5.75 per plot Binding $5.75 per book Testing Apparatus Density Meter $700.00 per month Gas Detection $ 20.00 per test R:1Contracn009\LetAgree\BH13-FTW Monticello Drainage.doc FNI OWNER 10-25-07 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to the Baud Hampton&Brown,Inc. ThetermFNIasused herein refers to Freese and Nichols,Inc.,its employees and agents;also its subcontractors and their employees and agents. As used herein,Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner,without invalidating the AGREEMENT,may order changes within the general scope of the WORK required by the AGREEMENT by altering,adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of or the time required for,the performance of any part of the Services under the AGREEMENT,an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT maybe terminated by either party upon ten days'written notice. In the event of termination,FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and,in addition,all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract,tort,strict liability, warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss ofproduet,loss ofuse ofthe equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI harmless from any and all claims and judgments,and all losses,costs and expenses arising therefrom. FNI shall disclose to Owner,prior to use thereof,defects or omissions in the data,design criteria, drawings,specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6, INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Workers'Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability(Any Auto) Professional Liability CSL $1,000 $3,000 Annual Aggregate 7. SUBCONTRACTS: If,for any reason,at any time during the progress of providing Services,Owner determines that any subcontractor for FNI is incompetent or undesirable,Ownerwillnotify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations, Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings,reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI,or to FNI's independent associates or consultants,and Owner shall indemnify and hold harmless FNI and FNI's independent associates and consultants from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to furtber reasonable compensation. FNI may reuse all drawings,report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner,and FNI shall indemnify and hold harmless Owner from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. Page 1 of 2 FNI OWNER 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous,radioactive,toxic,irritant,pollutant,or otherwise dangerous substance or condition at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT,FNI does not take possession or control of the subject site,but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further,FNI shall have no responsibility for any pollutant during clean-up,transportation,storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost,but does not guarantee the accuracy of such estimates. Opinions of probable cost,financial evaluations,feasibility studies,economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized,however,that FNI does not have control over the cost oflabor, material,equipment or services furnished by others or over market conditions or contractors'methods of determining their prices. ]L CONSTRUCTION RE,PRESENTATION6 Ifrequired by the AGREEMENT,FNI will furnish Construction Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services,FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors;FNI will report any observed deficiencies to Owner,however,it is understood that FNI does not guarantee the Contractor's performance,nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means,methods,techniques, sequences or procedures of construction selected by the Contractor,or the safety precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person(except his own employees or agent)at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties,responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12.. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services,expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation. If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's statement for services therefore,the amounts due FNI will be increased at the rate of one percent(1%)per month from said thirtieth(30th)day,and,in addition,FNI may,after giving seven(7)days'written notice to OWNER,suspend services under this AGREEMENT until FNI has been paid in full,all amounts due for services,expenses and charges. 13. ARBITRATION: No arbitration arising out of,or relating to,this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners,successors,executors, administrators and legal representatives of OWNER.and FNI are hereby bound to the other party to this AGREEMENT and to the partners,successors,executors,administrators and legal representatives(and said assigns)of such other party,in respect of all covenants,agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in(including,but without limitation, moneys that may become due or moneys that are due)this AGREEMENT without the written consent of the other,except to the extent that any assignment,subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of services hereunder, 15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services,only the terms,conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT,then this AGREEMENT shall prevail and shall be deterninative of the conflict. Page 2of 2 FNI OWNER, � . d)