HomeMy WebLinkAboutContract 26886 STATE OF TEXAS § CITY SECRETAR
§ CONTRACT NO.-_
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS:
CONTRACT AMENDMENT
NO. 1
WHEREAS,the City of Fort Worth(City)and Kimley-Horn and Associates,Inc. (Engineer)made
and entered into City Secretary Contract No. 24740(the Contract)which was authorized by the City
Council by M&C No.C-17301 on March 2, 1999:
WHEREAS,the Contract provides for engineering services for the following project:
Repair and Repainting of the Existing 2.0 MG Meadowbrook Elevated Storage Tank
and Repair of the Existing 9.2 MG Alta Mesa Ground Storage Tank
WHEREAS,the City and Engineer desire to amend the Contract to include an increased scope of
work and revised 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,"Scope of Services",is amended to include the additional engineering
services specified in Attachment A.
Article II of the Contract,"Compensation and Schedule"is amended to include the additional
engineering services specified in Attachment B and Attachment C. The Engineer's compensation is set
forth in Attachment B.
2.
All other provisions of the Contract,as amended,which are not expressly amended herein shall
remain in full force and effect.
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CONTRACT AMENDMENT NO. 1
Page 2
EXECUTED in the City of Fort Worth,this 061dayof ,A.D.,20 0
ATTEST: TY O FORI OR
By: By:
—29-0/ Mike Groomer
64,;t, City Secretary- Assistant City Manager
APPROVED AS TO FORM AND LEGALITY CITY OF FORT-WORTH
By: By:
Assistant City Attorney Director,Water Department.
ATTEST: KRALEY-HORN AND ASSOCIATES,INC.
By: By:
Glenn A. Gary,P.E. Charles M. Staples,P.E.
Vice President Senior Vice President
C - / K6o(0
Contract Authorization
5- 2f-O/
Date
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ATTACHMENT A
General Scope of Services
I. GENERAL
Kimley-Horn and Associates, Inc. will provide additional professional services for the
rehabilitation of the Meadowbrook Elevated Storage Tank. The scope includes Coordination of
Rehabilitation Options, Design, Bidding, and Construction Phase Services.
II. INSPECTION OF STRUCTURE
A. Engage Chicago Bridge and Iron Company (CBI)to inspect the Meadowbrook Tank and
to provide a written report recommending method for structural repairs to the tank.
B. Engage Trinity Engineering and Testing Corporation (TETCO) to inspect the
Meadowbrook Elevated Storage Tank and provide a written report recommending method
of structural repairs to the tank.
III. PREPARATION OF CONSTRUCTION CONTRACT DOCUMENTS
Kimley-Horn will provide construction contract documents that reflect the structural
modifications recommended by the CBI and TETCO Reports. Construction Contract
Documents shall include the following:
1. Removal of existing hip course plates, roof plates, and roof structure.
2. Installation of a new shop primed hip course.
3. Installation of new shop-primed roof plates and supporting roof structure.
4. Seal welded inside roof plate seams and seal welded roof plates to structural seams.
5. The interior girder shall be seal welded on top and bottom to the existing equator course
plates to minimize the potential for corrosion.
6. The existing 48" � access tube will be extended to span the entire distance from the
bottom diaphragm to the roof.
7. Installation of a new steel siphon type drain that empties most of the water into the
inlet/outlet during drainage.
8. Modification of the existing overflow piping to obtain the AWWA recommended air-
break above the ground level.
9. The addition of a silt stop to the 24"Dia inlet/outlet riser.
10. The addition of a 20' diameter roof handrail.
11. Removal and replacement of all ladders with Safe-T-Climb devices.
Construction Contract Documents shall be according to City of Fort Worth Water Department
Standards.
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ATTACHMENT A
Page 2
This item was provided as an emergency item so no bidding occurred. Kimley-Horn reviewed
all proposals by CBI and made recommendations to the City of Fort Worth.
IV. NEGOTIATE CHANGE IN SCOPE WITH ADVANCE CONTRACT SERVICES, INC.
Kimley-Horn will prepare a revised scope for construction for the existing City of Fort Worth
construction contract with Advantage Contract Services, Inc. The new scope will represent
change required due to structural modification by CBI. Kimley-Horn will review all proposals
from Advantage Contract Services and forward recommendations to the City.
V. CONSTRUCTION PHASE SERVICES
Kimley-Horn will conduct additional construction phase services due to the additional contract
time and scope by CBI. Construction phase services shall be as follows:
A. Visits to Site and Observation of Construction.
Provide on-site construction observation services during the construction phase of the
subject project. Observations will vary depending on the type of work being performed
by the contractors, the location, and the contractors' schedules.
Make visits to the Site at intervals as deemed appropriate by KHA in order to observe the
progress of the Work. Such visits and observations by KHA 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 KHA's exercise of professional judgment. Based on
information obtained during such visits and such observations, KHA will determine if
Contractor's work is generally proceeding in accordance with the Contract Documents,
and KHA shall keep the City informed of the general progress of the Work.
The purpose of KHA's visits to the site will be to enable KHA to better carry out the
duties and responsibilities assigned in this Agreement to KHA during the construction
phase by the City, and, in addition, by the exercise of KHA's efforts, to provide the City
a greater degree of confidence that the completed Work will conform in general to the
Contract Documents and that the integrity of the design concept of the completed Project
as a functioning whole as indicated in the Contract Documents has been implemented and
preserved by Contractor. KHA 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 KHA 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, or for any failure of Contractor to comply with laws and regulations
applicable to Contractor's furnishing and performing the Work. Accordingly, KHA
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.
1
ATTACHMENT A
Page 3
C. Recommendations with Respect to Defective Work.
Recommend to the City that Contractor's work be disapproved and rejected while it is in
progress if, on the basis of such observations, KHA believes that such work will not
produce a completed Project that conforms generally to Contract Documents or that it
will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents.
D. Clarifications and Interpretations.
Issue necessary clarifications and interpretations of the Contract Documents to the City as
appropriate to the orderly completion of Contractor's work. Such clarifications and
interpretations will be consistent with the intent of and reasonably inferable from the
Contract Documents. Field Orders authorizing variations from the requirements of the
Contract Documents will be made by the City.
E. Change Orders.
Recommend Change Orders to the City, as appropriate. Review and make
recommendations related to Change Orders submitted or proposed by the Contractor.
F. Shop Drawings and Samples.
Review and approve or take other appropriate action in respect to Shop Drawings and
Samples and other data which Contractor is required to submit, but only for conformance
with the information given in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated in the Contract
Documents. Such review and 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.
G. Substitutes and "or-equal."
Evaluate and determine the acceptability of substitute or "or-equal" materials and
equipment proposed by Contractor, but subject to the provisions of applicable standards
of state or local government entities.
H. Inspections and Tests.
Kimley-Horn has hired Terra-Mar, Inc. to conduct daily welding, surface preparation and
application.
Require such special inspections or tests of Contractor's work as KHA deems
appropriate, and receive and review certificates of inspections within our area of
responsibility, tests, and approvals required by laws and regulations or the Contract
Documents. KHA's review of such certificates will be for the purpose of determining
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ATTACHMENT A
Page 4
that the results certified indicate compliance with the Contract Documents and will not
constitute an independent evaluation that the content or procedures of such inspections,
tests, or approvals comply with the requirements of the Contract Documents. KHA shall
be entitled to rely on the results of such tests.
1. Disagreements between the City and Contractor.
As necessary, render written decision on all claims of the City and Contractor relating to
the acceptability of Contractor's work or the interpretation of the requirements of the
Contract Documents pertaining to the execution and progress of Contractor's work. In
rendering such decisions, KHA shall be fair and not show partiality to the City or
Contractor and shall not be liable in connection with any decision rendered in good faith
in such capacity.
J. Applications for Payment.
Based on KHA's observations and on review of applications for payment and
accompanying supporting documentation:
Determine the amounts that KHA recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute KHA's representation
to the City, based on such observations and review, that, to the best of KHA's
knowledge, information and belief, Contractors' work has progressed to the point
indicated, such work is generally in accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract Documents
and to any other qualifications stated in the recommendation), and the conditions
precedent to Contractor's being entitled to such payment appear to have been fulfilled in
so far as it is KHA's responsibility to observe Contractor's work. In the case of unit
price work, KHA's recommendations of payment will include final determinations of
quantities and classifications of Contractor's work, based on observations and
measurements of quantities provided with pay requests.
By recommending any payment, KHA shall not thereby deemed to have represented that
observations made by KHA to check Contractor's work as it is performed and furnished
have been exhaustive, extended to every aspect of Contractor's work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically assigned
to KHA in this Agreement and the Contract Documents. Neither KHA's review of
Contractor's work for the purposes of recommending payments nor KHA's
recommendation of any payment including final payment will impose on KHA
responsibility to supervise, direct, or control Contractor's work in progress or for the
means, methods, techniques, equipment choice and usage, sequences, or procedures of
construction of safety precautions or programs incident thereto, or Contractor's
compliance with Laws and Regulations applicable to Contractor's furnishing and
performing the Work. It will also not impose responsibility on KHA to make any
examination to ascertain how or for what purposes Contractor has used the moneys paid
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ATTACHMENT A
Page 5
on account of the Contract Price, or to determine that title to any portion of the work in
progress, materials, or equipment has passed to the City free and clear of any liens,
claims, security interests, or encumbrances, or that there may not be other matters at
issue between the City and Contractor that might affect the amount that should be paid.
K. Substantial Completion.
Promptly after notice from Contractor that Contractor considers the entire Work ready
for its intended use, in company with the City and Contractor, conduct a final punch list
inspection to determine if the Work is substantially complete. Work will be considered
substantially complete following satisfactory completion of all items identified on the final
punch list. If after considering any objections of the City, KHA considers the Work
substantially complete, KHA shall notify the City and Contractor.
L. Final Notice of Acceptability of the Work.
Conduct a final site visit to determine if the completed Work of Contractor is generally in
accordance with the Contract Documents so that KHA may recommend, in writing, final
payment to Contractor. Accompanying the recommendation for final payment, KHA
shall also provide a notice that the Work is generally in accordance with the Contract
Documents to the best of KHA's knowledge, information, and belief and based on the
extent of the services provided by KHA under this Agreement.
M. Limitation of Responsibilities.
KHA 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. KHA shall not have the authority or responsibility to stop the work
of any Contractor.
,21y'00 ,,11
ATTACHMENT B
Compensation
I. GENERAL
For all additional professional engineering services included in Sections I, II, III, IV
and V of the General Scope of Services included in Attachment A, the City agrees to
pay the Engineer an additional lump sum fee of$49,900. The total lump sum fee of the
entire project as amended herein shall be$119,900.
The cost plus maximum portion of the contract shall remain $65,000.
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ATTACHMENT B
Page 2
KIMLEY HORN AND ASSOCIATES, INC.
RATE SCHEDULE
(HOURLY RATE)
Principal /Senior Principal $165 to $195
Senior Professional II $135 to $175
Senior Professional I $110 to $130
Professional II/Registered Professional $95 to $125
Professional / Professional I $77 to $120
Designer $100 to $115
CAD Operator $70 to $90
Support Staff $47 to $70
Technician $47 to $90
Effective April 1, 2000
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ATTACHMENT C
Schedule
The project is currently under construction. The schedule of services will coincide with
the construction schedule.
City of Fort Worth, Texas
"noor and Council Communication
DATE REFERENCE NUMBER LOG NAME TPAGE
5/29/01 **C-18606 60AMEN-1 1 of 2
SUBJECT AMENDMENT NO. 1 TO THE ENGINEERING AGREEMENT WITH KIMLEY-HORN
AND ASSOCIATES, INC. FOR THE DESIGN AND CONSTRUCTION MANAGEMENT
OF THE REPAIR AND REPAINTING OF THE MEADOWBROOK ELEVATED
STORAGE TANK, AND REPAIRS TO THE ALTA MESA GROUND STORAGE TANK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to the
engineering agreement with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 23129) for
the design and construction management of the Repair and Repainting of the Meadowbrook Elevated
Storage Tank project, and repairs to the Alta Mesa Ground Storage Tank, increasing the total contract
cost by $49,900, from $135,000 to $184,900.
DISCUSSION:
On September 2, 1997 (M&C C-16269), the City Council authorized the execution of an engineering
agreement with Kimley-Horn and Associates, Inc. for the design and construction management of the
Repair and Repainting of the Meadowbrook Elevated Storage Tank project, and repairs to the Alta
Mesa Ground Storage Tank. The Meadowbrook Elevated Storage Tank had been inspected and found
to be badly corroded and in need of repairs and repainting to extend the service life of the tank. In
addition, alterations were required to meet Texas Natural Resources Conservation Commission and
Occupational Safety and Health Administration requirements.
Once the construction project started, additional extensive structural damage from corrosion was found
requiring an emergency structural repair contract. This work was beyond the capabilities of the painting
and construction contractor and required the services of a contractor who specializes in steel tank
design, fabrication and erection.
Amendment No. 1 covers the preparation of contract documents for the emergency structural repair
contract and construction management including shop drawing review, inspection and weld testing for
the emergency structural repair project. The structural repairs contract was initiated as an emergency
project. Kimley-Horn and Associates, Inc. was directed to proceed with the work, which has been
completed.
A waiver of the goal for M/WBE subcontracting requirements was requested by the Water Department
and approved by the M/WBE Office because the purchase of services is from sources where
subcontracting or supplier opportunities are negligible.
City of Fort Worth, Texas
"agar and Coun"'I Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/29/01 **C-18606 60AMEN-1 2 of 2
SUBJECT AMENDMENT NO. 1 TO THE ENGINEERING AGREEMENT WITH KIMLEY-HORN
AND ASSOCIATES, INC. FOR THE DESIGN AND CONSTRUCTION MANAGEMENT
OF THE REPAIR AND REPAINTING OF THE MEADOWBROOK ELEVATED
STORAGE TANK, AND REPAIRS TO THE ALTA MESA GROUND STORAGE TANK
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
Dale Fisseler 8207 (from)
MAY 29 1001
PW77 531200 060770180100 $49,900.00 ,?
Additional Information Contact:
City Secretary of the
Dale Fisseler 8207 City of Fort Worth,?latae