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HomeMy WebLinkAboutContract 50430-A1 CITY SECRETARY CONTRACT N0. AMENDMENT No.1 pUG 6 TO CITY SECRETARY CONTRACT No. 50430 C� WHEREAS, the City of Fort Worth (CITY) and TEAL Engineering Services, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 50430, (the CONTRACT) which was administratively authorized on the 20 day of March, 2018 in the amount of $ 55, 347.00; and WHEREAS, the CONTRACT involves engineering services for the following project: 2014 Bond Signals Year 4 Improvements; and WHEREAS, it has become necessary to execute Amendment No. 1 to 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 is amended to include the additional engineering services specified in a proposal dated July 25, 2018, 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 $3,950. 00. (See Attached Funding Breakdown Sheet, Page -3-) 2. i Article II of the CONTRACT is amended to provide for an increase in I 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 an amount of $59,297. 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 written by a signatory, below. City of Fort Worth Professional Services Agreement Amendment Template CFW Official Release 9/19/2017 Pape+of 5 OFFICIAL RECORD CITY SECRETARY Ft's WOR'r'Nt TX rw4'rr APPROVED: City of Fort Worth TEAL Engineerij rvices, Inc susa anis leen M TiJ st, P.E. Assis t City Manager President DATE: ✓ ( 56 DATE: 7/ 6o/d APPROVAL RECOMMENDED: Douglas Wiersig, P.E. Director, Department of Yrransportation and Public Works Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and r porting requirements. C int Hoover, P.E, S . ,MBA OFFICIAL RACORD CITY 914RUARY City of Fort Worth 1 TX Professional Services Agreement Amendment Template CFW Official Release 9/19/2017 Page 2 of 5 - _-__ APPROVED AS TO FORM AND LEGALITY: M&C: N/A Date: N/A Douglas W. Black Assistant City Attorney ATTEST: A of FORT Malry J. K r ;gyp City Secretary :Z T�CAS City of Fort Worth Professional Services Agreement Amendment Template OFFICIAL RBCoRD CFW Official Release 9/19/2017 CITY SICr� TARP Pape 3 of 5 IST.WOW",",TX FUNDING BREAKDOWN SHEET City Secretary No. 50430 Amendment No. 1 Department Fund-Account-Center Amount Transportation and Public 2014 Bond Signals Program Yr 4 $3, 950.00 Works Total: 3, 950.00 City of Fort Worth Professional Services Agreement Amendment Template CFW Official Release 9/19/2017 Pape 4 of 5 City of FortWorth Professional Services Agreement Amendment Template CFW Official Release 9/19/2017 Page 5 of 5 5646 Milton Street,Suite 500 HH A Y D E N Dallas,Texas 75206 Phone 214753-8100 T A N S 5. INC. Fax 214750-9329 www.haydenconsultants.com July 25, 2018 P18006.00 Gary D.Jost,P.E. Teal Engineering 2000 Denison ST.Suite 103 Denton,Texas 76201 Re: City of Fort Worth Traffic Signal Design Main Street at Long Professional Designating Services Dear Mr. Jost: Hayden Consultants, Inc. (HCI) is pleased to submit our proposal for Professional Designating Services for the above referenced project to Teal Engineering. (Client).This proposal was developed based on scoping information provided via email and phone conversation. Between Ron Lindsay&Client, on July 181h, 2018. Using the information discussed during our conversation, HCI has developed a general scope of work required for this project. The scope of work may be modified, with the Clients' concurrence, so long as there are mutual gains during the performance of the work, if warranted by actual field findings. I.As part of the Designating Effort HCI will perform the following: • Select and employ the appropriate suite of industry standard geophysical equipment to search for existing utilities within the limits specified on the project. For metallictconductive utilities (e.g. steel pipe, electrical cable, telephone cable) electromagnetic induction, and magnetic equipment will be employed. HCI will attempt to designate non-metalliclnon-conductive utilities using other proven methods, such as rodding, probing, and Ground Penetrating Radar (GPR). As agreed to with the Client, this scope of work includes mapping of the following utilities: water, wastewater, natural gas, gas/oil pipelines, electric, telephone, fiber, duct banks, cable TV, and storm sewer. Unless specifically requested, utility service lines and irrigation lines are not included in this scope. Unless specifically requested, utility service lines and irrigation lines are not included in this scope. • Interpret the surface geophysics and mark the indications of utilities with paint or pin flags on the ground surface for subsequent depiction on deliverable utility maps. The existing utilities will be designated within the project limits as shown in the field by the Client's representative. Proposal No.P18006.00—July 20,2018 • Record all marks on electronic field sketches and correlate such data with provided utility records and above ground appurtenances obtained from visual inspection to resolve differences and discrepancies. Denote any utilities found where ownership/utility type is not available from records as"unknown"facilities. • Provide field sketch to Client for use/survey of the existing utility designating marks and above ground utility appurtenances according to the project control and record the data for subsequent.depiction on the plan deliverables. • We do not anticipate maintenance of traffic for lane closures will be required for completion of professional utility designating work on this project. Normal traffic control, included within this service, is considered standard placement of traffic cones and freestanding warning signage. Traffic control requiring lane closures, traffic detouring, police support, flag persons, etc. is considered additional and may be added to the scope of work at the request of the client. Deliverable(s) HCl will provide the following as final Deliverables to the Client: • Copies of field survey data and notes signed and sealed by a Registered Professional Land Surveyor(RPLS) registered in the State of Texas. • Drawing of the project layout with dimensions and coordinate list. SUE plan drawings sealed by a Professional Engineer registered in the State of Texas. In addition to the PDF, paint, survey flags, and vacuum excavation hole monuments will be placed on the ground marking all utility locations at the site. Client Shall Provide the Following j • Surveyed locations of the proposed pothole locations prior to HCI mobilization. • All field survey of utility markings, utility appurtenances, and vacuum excavation f monuments. { • The Client shall provide HCI access to the job-site for our equipment and personnel including Right of Entry letters, permits, site specific safety training, or any other pertinent documentation, if needed. Any construction or clearing activities required for access to perform field services will be considered beyond the scope of this proposal. Schedule 1 Proposal No_P18006.00—July 20,2018 It will take an estimated four (1) working days for the field services described above to be completed. However, the schedule may be modified due to unforeseen circumstances due to the following: inclement weather, waiting for information from client, access to site location, subcontractor availability, etc. In the event the schedule has to change, HCI will notify the Client and provide an updated schedule. Fee HCI proposes to perform this work utilizing our standard rates as shown on Attachment B, for a total estimated amount of$3950.00 prices offered shall remain firm for sixty (60) calendar days from the date of this proposal. Limitation of Wanranty & Standard of Care: HCI conducts utility investigations in accordance with ASCE 38-02: Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data. Identifying and mapping underground utilities is a result of gathering evidence and therefore exact utility locations are not guaranteed unless visually exposed and surveyed, and then only at those specific exposed locations. HCI warrants only that the services provided under this proposal will meet the prevailing standard of care and does not guarantee that all utilities can or will be identified, detected or precisely mapped. HCI looks forward to working with you on this very important project. We are confident that our services will be a great benefit to you and keep your project on schedule and on budget. If you agree to this proposal, please sign and date below and return to me by email. Your signature below will also serve as written acceptance of the proposal. If you have any questions or require additional information, please feel free to contact me at any time. -7 Sincerely, Accepted on: Month .—Day__ / Year Company E Print Name leP Hayes,SUE Team Lead Hayden Consultants, Inc. Signature thayes(@haydenconsultants.com 469.206.5974 Title Proposal No.P18006.00—July 20,2018 ATTACHMENT"A" rR }' � i t A k �r s �' �, t t,• � r t $ l 3 —" �.: 1 NHAYDEN CONS ULTAvi i S. INC. ATTACHMENT"W-FEE SCHEDULE Main Street at Long Traffic Signal Design COFW Teat Engineering Professional Designating Services Hayden Consultants,Inc- 712512018 P18006.01 Professional D"nating and Vacuum Excavation LABOR PROJECT PROJECT PROJECT SUE CARO CLERICAL TOTAL LABOR COSTS CLASS. PROFESSIONAL h7ANAGER RPLS MANAGER TECH SUPPORT HOURS 5780.00 $165.00 $135.00 $90.00 $80.00 565.00 Records Remamh 0.0 ProdueboMReview of Plan Deliv"bka 20 2.0 2.0 4.0 10.0 Contract Adn"trabon 20 20 SUBTOTAL HOURS 20 20 0.0 4.0 2.0 10.0 SUBTOTAL DOLLARS $960.00 $330A0 WO-00 2.00 $380.00 $130.00 $1450.00 SUBSURFACE UTILITY ENGINEERRIG COSTS-QUALITY LEVEL"B" QTY RATE UNIT TOTAL Designating 3 GPR in (2 Man Cfew i a nt) 4.0 $ 235.00 per hour S940A0 Lacwlnq Oval L.wel"A"-Test Holes 0 feet to 5.00 teat S 985.00 parbole 50.00 over 5.00 feat ID 10.00 feet S 1,550.00 perhole 50.00 10.00 feet to 15.00 feel S 2,35(1.00 parbok 1 $0.00 Locatln AlWacuum Excavalton 34ftn Crew t Equipment) $ 295.00 per hour SOHO Comate Cod -8rm ekk max. $ 400.00 per each SOHO Survey Preparation d Consmution Emonenl DoaumeMs S 1.000.00 per rah $0.00 Su 24Man Craw&GPS 8.0 $ 195.00 per how S7.660AD SUBTOTALDOLLARS .00 TOTAL ESTLWST®FEE-QUIMAYLEVEL'S• $3,930.00 1oft l HAYDEN Hayden Consultants, Inc.Terms and Conditions CONSUl.t Hayden Consultants,Inc.(HCI)shall perform the services proposed for the stated fee in accordance with these terms and conditions: 1) Access to Site(If applicable):Upon execution of this Agreement,the Client represents that they have secured legal rights to access the property and authorizes HCl staff to access the site for activities necessary for the performance of the services. 2) Payment:Invoices for HCI's services shall be submitted on a monthly basis.Invoices shall be payable within Thirty(30)days after the invoice date.in the event that the Client disputes any portion of an invoice,Client shall notify HCI of such disputed items within ten(10)days of invoice date. Retainers/deposits shall be credited on the final Invoice.Failure to make any payment when due is a material breach of the Agreement and will entire HCl, at Is option,to suspend or terminate this Agreement and the provision of the Services.Interest will accrue on accounts overdue by 30 days ay the lesser of 1.5 percent per month(18 percent per annum)or the maximum legal rate of interest allowable.In the event any invoice has not been paid in full within ninety(90)days of the invoice date,HCl shall have the right to immediately suspend all or any portion of the Services hereunder indefinitely pending payment in full of suchirrvoiee(s). 3) indemnification:HCl and Client shall indemnify and hold harmless each other from and against damages,liabilities,costs and expenses,including but not limited to reimbursement of reasonable attorney fees arising out of damages or injuries to persons or property to the extent caused by the negligence, gross negligence or willful misconduct by the other party of anyone acting under its direction or control or on Its behalf in the course of its performance under this Agreement;provided that each party's aforesaid indemnity agreement shall not be applicable to any liability based upon willful misconduct or negligence of the other party.In no event shall either party be responsible for any form of consequential damages,including,but not limited to loss of sales,loss of profits,and attorney fees thereon.For purposes of this Paragraph,the duty to indemnify does not include the duty to pay for or to provide an up-front defense against unproven clalms or allegations.Where any claim results from the joint negligence,gross negligence or willful misconduct by Client and HCI,the amount of such damage for which Client or HCI is liable as indemnItor underthis Paragraph shall equal(1)the proportionate part that the amount of such claim attributable to such indemnitors negligence,gross negligence or willful misconduct bears to(fi)the amount of the total claim attributable to the joint negligence,gross negligence or willful misconduct at issue. 4) Limitation of Liabilities:Notwithstanding any other provision in this Agreement,the Client agrees to strictly limit HCrs liability wider this Agreement or arising from the performance or non-performance of the Services under any theory of law,including but not limited to claims for negligence,negligent misrepresentation and breach of contract,to the lesser of the fees paid to HCI for the Services or$25,000.00.No claim may be brought against HCI in contract or tort more than two(2)years after the cause of action arose.Any claim,suit,demand or action brought underthis Agreement shall be directed and/or asserted only against HCI and not against any of Hp's employees,shareholders,officers or directors.HCI's liability with respect to any claims arising out of this Agreement shall be limited as provided herein to direct damages arising out of the performance of the Services and Hp shall not be held responsible or liable whatsoever for any consequential damages,injury or damage Incurred by the actions or inactions of the ptent,including but not limited to claims for loss of use,loss of profits and markets. 5) Termination:Subject to Paragraph 2,this Agreement will continue in effect until terminated by either party upon thirty(30)days written notice to the other party.in the event of any terrnination,HCI shall be paid for all services rendered and reimbursables incurred through the date of notice of termination.In the event of termination,the Client shall pay all additional costs reasonable related to termination of the project and a proportionate amount of the consideration hereunder commensurate with the portion of the project accomplished. 6) Force Majeure:Any suspension,temporary or permanent,In the performance of the Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract:labor strikes,riots,war,ads of governmental authorities,unusually severe weather conditions or other natural catastrophic events,or arry other similar event beyond the reasonable control or contemplation of either party. 7) Assignment:Neither party to this Agreement shag,without the prior written consent,of the other party,which shall not be unreasonable withheld,assign the benefit or in any way transfer any claim or obligation under this Agreement or any part hereof.This Agreement shall inure to the benefit of and be binding upon the parties hereto,and except as otherwise provided herein,upon their executors,adminisb-Mrs,successors,and assigns. 8) Ownership of Documents.All report documents produced by Hp under this Agreement shall be made available to the Client upon receipt of full payment for services rendered.HCI shall retain ownership of all field notes,computer files and project fifes use to produce the work products and may make copies of all work products. 9) Governing law:The validity of this Agreement and any of its terms or provisions,as well as the rights and duties of the parties hereunder,shall be interpreted and governed by the laws of the State of Texas. 10) legal Construction:In case any one or more of the provisions contained in this Agreement shag for any reason be held to be invalid or unenforceable in any respect,such Invalidity or unenforteabtlity shall not affect any other provision hereof.This Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. 11) Notices:Any notices or written statements hereunder shall be deemed to have been given when mailed by certified or registered mail or via email,with receipt of reply,to the party entitled thereto at its address noted at the top of this Agreement or at such other latest address as It may designate In writing to the other party for this purpose. 12) Entire Agreement:This Agreement includes Hp's proposed scope and budget and these terms and conditions.This Agreement supersedes any an all other agreements,either oral or in writing,between the parties relating to the subject matter of this Agreement and is the entire understanding and agreement related thereto.This Agreement may be amended by mutual consent of the parties In writing to be attached hereto and incorporated herein,executed by HO's and the Client's respeedw representatives. 13) Neither party shall knowingly sofidt,recruit,hire or otherwise employ or retain the employees of the other working under this Agreement during the term of this Agreement and for one(1)year foliowtng the termination or expiration of this Agreement without the prior written consent of the other party. 14) Waiver.Failure by one party to notify the other party of a breach of any provision of this Agreement shall not constitute a waiver of any continuing breach. Failure by one party to enforce any of its rights under this Agreement shall not constitute a waiver of those rights.The waiver by ether party of a breach of violation of any provision of this Agreement shall not operate as,or be construed to be,a waiver of arty subsequent breach of the same or any other provision hereof.