Loading...
HomeMy WebLinkAboutContract 49256-A2 CITY SECRETARY AMENDMENT No . 2 CONTRACT N0. 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. 49256, (the CONTRACT) which was authorized by M&C C-28285 on the 20th day of June, 2017 in the amount of $541,500 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment No. 1 in the amount $17, 000 . 00 administratively authorized on January 10, 2018; and WHEREAS, the CONTRACT involves engineering services for the following project: North Tarrant Express Segment 4, IH-820 from Randol Mill Road to North of Interchange with SH121/SH183; and WHEREAS, 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 July 31 , 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 $280,000.00 . 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 an amount of $838 ,500 .00 AF�c OFFICIAL RECORD c>yo�-F Fp CITY SECRETARY ��q�o9ry 8 a ` RTa TX y 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 ort Worth Kiiniey-Horn and Associates, Inc. , Jesus J. Chapa Glenn Gary, P.E. Assistant City Manager Senior Vice-President DATE: C_z'�"�! DATE: 10-11-r265( APPROVAL RECOMMENDED: 4��6 Z�L Christopher Harder, P.E. Director, Water Department 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 reporting requirements. Name of Employee It Title: Project Manager APPROVED AS TO FORM AND LEGALITY: M&C: C-28868 Date: September 25, 2018 Douglas W. Black Form: 1295 No. - Senior Assistant City Att ATTE �. Q Mary J. City Secretary OFFICIAL. RECORD CITY SECRETARY FT WORTH,TX Page -2- Kimlep Horn July 31, 2018 Mr. John Kasavich, P.E. Project Manager City of Fort Worth Water Department 1000 Throckmorton Street Fort Worth, TX 76102 RE: North Tarrant Express Segment 4, IH-820 from Randol Mill Road to North of Interchange with SH1211SH183 Amendment No. 2 KHA No. 061018189 City Secretary No. 49256- City Project No. 100987 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 07-05-2017 referred to herein as the"Contract". Kimley-Horn is pleased to submit our Amendment No. 2 for the City's NTE Segment 4 IH-820 Water Relocations Project. The fees for this Amendment are not to exceed $280,000, increasing the total not to exceed fee to$838,500. This engineering agreement is 100% reimbursable by TxDOT. Further coordination resulting from construction delays and connection sequencing has extended the construction phase of the project, thus requiring additional construction support and resident project representation services. Water line construction may last until end of 2019 due to allowable shutdown times for the transmission mains. General highway and bridge construction will occur until substantial completion estimated in 2021. Kimley-Horn will continue the services outlined as follows and as directed by the City: TASK 6. CONSTRUCTION PHASE SERVICES 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • Prepare and distribute Meeting Notes. • On-site Observation © 801 Kim ey*Horn Page 2 • Make site visits at intervals as directed by CITY in acccrdance with the table above in order to observe the progress of the work. • 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 Contractors 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 Contractors work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. 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. • Progress Meetings • Attend progress meetings based on the frequency indicated in the table above and visit the site for observation at that time. • Shop drawing, samples and other submittals Review • Review submittals according to the table above. • 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. Im"Talvellslusi 111; Bel Cherry Street,Unit 11,SuAe 950, Ft \Alorth,TX.76102 IVFARVWM-1�-Ma Kim ey»)Horn Page • 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. • Log all shop drawings, samples and other submittals. • Substitutions • Evaluate and determine the acceptability of up to ten (10) 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. • Request for information (RFI): • 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. • Change Orders • Provide support for Change Orders as requested by the CITY. Change Order support may include review and recommendations to the CITY for the execution of change orders. • Final PROJECT Part Walk Through • Attend the"Final" PROJECT Part 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. • ENGINEER 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. ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. h801 Cherry Street, Kim ey>>>Horn Page 4 6.2 Resident Project Representative: ENGINEER will provide resident PROJECT representation services for construction of the each PROJECT Part for the purpose of providing assistance to CITY during construction. • ENGINEER shall furnish a Resident PROJECT Representative("RPR"), assistants, and other field staff to assist ENGINEER in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Task may provide half time representation or may provide representation to a lesser degree. • Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for CITY against defects and deficiencies in the Work. However, 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, sequences, or procedures selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. • The duties and responsibilities of the RPR are limited to those of ENGINEER in the Agreement with the CITY and in the Contract Documents, and are further limited and described as follows: • General: RPR is ENGINEER's agent at the Site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. • RPR's dealings in matters pertaining to a Contractor's work in progress shall in general be with ENGINEER and Contractor, keeping CITY advised as necessary. • RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. • RPR shall generally communicate with CITY with the knowledge of and under the direction of ENGINEER. • Schedules: Review the progress schedule, schedule of shop drawing and sample submittals, and schedule of values prepared by a Contractor and consult with ENGINEER concerning acceptability. • Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other PROJECT-related meetings, and prepare and circulate copies of minutes thereof. IM1111L.'ayal a 801 Cherry Street, Unit 11,Suite y Kimley»>Horn Page 5 • Liaison • Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent, and assist in providing information regarding the intent of the Contract Documents. • Assist ENGINEER in serving as CITY's liaison with Contractor when Contractor's operations affect CITY's on-Site operations. • Assist in obtaining from CITY additional details or information,when required for proper execution of the Work. • Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by ENGINEER. • Shop Drawings and Samples • Record date of receipt of samples and approved shop drawings. • Receive samples which are furnished at the Specific PROJECT Part Site by Contractor, and notify ENGINEER of availability of samples for examination. • Advise ENGINEER and Contractor of the commencement of any portion of the Work requiring a shop drawing or sample submittal for which RPR believes that the submittal has not been approved by ENGINEER. • Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to ENGINEER. Transmit to Contractor in writing decisions as issued by ENGINEER. • Review of Work and Rejection of Defective Work • Conduct on-Site observations of Contractor's work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. • Report to ENGINEER whenever RPR believes that any part of Contractor's work in progress will not produce a completed project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Specific PROJECT as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of that part of work in progress that kimley-hr ■ 801 - 950, Ft.Wofth,TX 76102 Kim er Horn Page 6 RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. • Inspections, Tests, and System Start-ups • Consult with ENGINEER in advance of scheduled major inspections,tests, and systems start-ups of important phases of the Work. • Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate CITY's personnel, and that Contractor maintains adequate records thereof. • Observe, record, and report to ENGINEER appropriate details relative to the test procedures and systems start-ups. • Records • Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Specific PROJECT-related documents. • Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. • Record names, addresses, fax numbers, e-mail addresses, web site locations and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. • Maintain records for use in preparing PROJECT documentation. • Upon completion of the Work,furnish original set of all RPR Specific PROJECT documentation to ENGINEER. 801 Kim ey*Horn Page l • Reports • Furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. • Draft and recommend to ENGINEER proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. • Furnish to ENGINEER and CITY copies of all inspection, test, and system startup reports. • Immediately notify ENGINEER of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. • Certificates, Operation and Maintenance Manuals • During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by a Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to ENGINEER for review and forwarding to CITY prior to payment for that part of the Work. • Completion • Participate in a final inspection in the company of ENGINEER, CITY, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. • Observe whether all items on the final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. • Resident PROJECT Representative shall not: • Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items). • Exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. • Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a Contractor's superintendent. •� 801Worth, i Kimley»)Horn Page • Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Contractor's work unless such advice or directions are specifically required by the Contract Documents. • Advise on, issue directions regarding, or assume control over safety practices, precautions and programs in connection with the activities or operations of CITY or Contractor. • Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by ENGINEER. • Accept Shop Drawing or Sample submittals from anyone other than Contractor. • Authorize CITY to occupy a Specific PROJECT in whole or in part. • The ENGINEER shall attend the "Final' project walk through and assist with preparation of final punch list. 801 - Kimsey>>>Horn Page 9 The following table summarizes the fee for this amendment by project phase: Description Original Amend Amend Revised Fee No. 1 No.2 Contract Design Management $32,800 - - $32,800 Preliminary Design $147,000 - - $147,000 Final Design $121,800 $11,900 - $133,700 Bid Phase Services $12,600 - - $12,600 ROW/Easement Services $10,000 - - $10,000 Survey and SUE $33,900 $5,100 - $39,000 Permitting Services $5,800 - - $5,800 Construction Phase Services $177,600 - $280,000 $457,600 Total Project $541,500 $17,000 $280,000 $838,500 Water Sewer Total Original Contract $541,500 $0 $541,500 Amendment No. 1 $17,000 $0 $17,000 Amendment No. 2 $140,000 $140,000 $280,000 Total $698,500 $140,000 $838,500 Kimley-Horn will subcontract a portion of these services to Lamb-Star. This will revise our total contract SBE participation from$144,483(26.7%)to$318,322 (38.0%). The following tables summarize our revisions to the SBE percentages: • . 801 Kimley)OHorn Page 10 Original Amend. Amend. Revised Firm Primary Responsibility Fee No.7 Fee No.2 Fee Fee Revised % Amount Amount Amount Amount Prime Consultant Kimley-Hom and Assoc.,Inc. Civil Engineering/CCA =307,582 $3,161 $120,000 $430,743 51.4% SBE Sub-Consultants CMJ Engineering,Inc. Geotechnical Engineering $19,283 $10,139 $0 $29,422 3.5% Gorrondona&Assoc.,Inc. Survey and Easements $31,800 $3,700 $0 $35,500 4.2% The Rios Group Subsurface Utility $3,400 $0 $0 $3,400 0.4% Engineering Lamb-Star Construction Observation $90,000 $0 $160,000 $250,000 29.8% Non-SBE Consultants Bennett Trenchless Engineers Trenchless Engineering $57,160 $0 $0 $57,160 6.8% V&A Consulting Engineers Cathodic Protection $32,275 $0 $0 $32,275 3.9% TOTAL $541,500 $17,000 $280,000 $838,500 100% Total Contract Description Original Revised ContractAmount $541,500 $838,500 Total Contract SBE $144,483 $318,322 Total Contract SBE 26.7% 38.0% Percentage City's SBE Goal 15.0% 15.0% COMPENSATION The original contract and Amendment No. 1 are Lump Sum. Amendment No. 2 is as follows: The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: A. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. 801r Ft.Worth,TX 76102 Kim ey*Horn Page 11 Labor Category Rate ($/hour) Senior Professional 1 $240-$265 Senior Professional II $180-$250 Professional $160-$210 Analyst $115-$175 Senior Technical Support $115-$190 Technical Support $70-$100 Support Staff $75-$115 I. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. 4.6% will be added to each invoice to cover certain other internal office cost expenses as to these tasks, such as in-house duplicating,local mileage,telephone calls,facsimiles,postage,and word processing. Direct Expenses(non-labor)include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. Direct reimbursable expenses such as express delivery services, fees, travel, and other direct expenses will be billed at 1.10 times the cost. ii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent(10%). iii. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project,increased costs or other conditions,the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Method of Payment. 801 Kimley)))Horn Page 12 Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as previously presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. 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. Texas Registration No. F-928 Glenn A. Gary, P.E. Sr.Vice President GAG:cpi KTTW Utll0iee1061018188 FW NTE SEG 436-IN WATER%PPP%POST NTPWnmendmeM-MM MwAT*rd 2 Summery Ur.dom kimley-horn.com 801 • 1 Ft.Worth, 76102 Kimle %))Horn Budget Summary Project Fee Calculation Date: Jul 30,2018 General Project Information Client: City of Fort Worth Project: IH-820 Amend 2 KHA No. 061018189 PM: Chris Igo BudgetTask 00 Task 888 No. Task Name Hours Labor Expenses Office Exp. Subtotal 600 CCA 490 $ 99,400 $ 176,000 $ 4,600 $ 280,000 777 Contingency $ - TOTALS:1 4901 $ 99,400 1 $ 176,000 $ 4,6001 $ 280,000 Task No. Task Name Cost Multiplier Subtotal TOTALS:1 $ - $ - Project • . - Labor: $ 99,400 Expenses: $ 180,600 TOTAL: $ 280,000 Paqe 1 of 2 Kimley>)>Horn Task Fee Calculation Date: July 30,2018 General Project Information lam Task Information Client: City of Fort Worth Labor: $ 99,400 Number: 600 Project: IH-820 Amend 2 Expenses: $ 176,000 Name: CCA KHA No: 061018189 Allocation: $ 4,600 Task Mgr: April Escamilla PM: Chris Igo TOTAL: 280,000 Task Description and Budgeting_ a� o° a\ ��Q `ot e5 ee o ee do Task Descriptions: GLC: P8 P7 P4 P2 N6 B3 (Hrs) Expenses($) The following will be as directed by the Cit Additional Water Line construction Services Intermediate Site Visits 12 12 24 24 60 RPR Services 5 5 5 Lamb-Star 15 $ 90,000 RFI 51 101 10 1 25 Change Orders 2 6 8 8 22 Shop Drawing Reviews 2 2 10 10 1 24 Additional Bridge over existing sanitary sewer Construction Services-6 months Intermediate Site Visits 6 6 12 12 1 1 30 RPR-Half time Services 6 6 6 18 $ 70,000 RFI 2 4 4 10 Coordination with TxDOT and City 2 5 151 15 37 TxDOT Final Grading and Closeout Final Walk through 2 8 8 1 11 18 Develop punch list 11 2 4 7 Follow up site visit 1 4 4 1 1 8 Review of closeout documents 3 8 8 19 Coordination with TxDOT and City 2 2 101 10 24 Other Services Requested by the City 3 20 75 75 1 1 173 Subtotals: 9 77 201 2031 1 1 1 1 1 1 490 $ 160,000 Task Subtoioopenses cost:1 0.81 5.51 7.8L-6.3 1 11 20-31 160,000 Effort: 2.4119.3142.2135.51 1 1 1 1 1 1 1 11 99.41 $ 176,000 Paae 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/25/2018 - Resolution No. 4985-09-2018 and Ordinance No. 23422-09-2018 DATE: Tuesday, September 25, 2018 REFERENCE NO.: **C-28868 LOG NAME: 60NTESEG4A2-KHA SUBJECT: Authorize Execution of Amendment No. 2 in the Amount of$280,000.00 to City Secretary Contract No. 49256, an Engineering Agreement with Kimley-Horn and Associates, Inc., for a Revised Contract Amount of$838,500.00 on North Tarrant Express Segment 4, IH-820 from Randol Mill Road to North of Interchange with SH121/SH183, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2, 8, and 9) RECOMMENDATION: I It is recommended that the City Council: 1. Adopt the attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt for the North Tarrant Express Segment 4 Project; 2. Adopt the attached Appropriation Ordinance in the Water and Sewer Commercial Paper Fund in the amount of$540,000.00 and reduce the unallocated balance; and 3. Authorize the execution of Amendment No. 2 in the amount of$280,000.00 to City Secretary Contract No. 49256 for increased construction services and inspection costs on North Tarrant Express Segment 4, IH-820 from Randol Mill Road to North of Interchange with SH121/SH183 (City Project No. 100987). DISCUSSION: On June 20, 2017 (M&C-28285), the City Council authorized an Engineering Agreement in the amount of $541,500.00 with Kimley-Horn and Associates, Inc., for North Tarrant Express Segment 4, IH-820 from Randol Mill Road to North of Interchange with SH 121/SH 183. The IH-820 corridor has been organized into segments. This segment 4, is being designed and constructed by TXDOT under the traditional design, bid, build method. The agreement was subsequently revised by Amendment No. 1 in the amount of $17,000.00 administratively authorized on January 10, 2018. Amendment No. 2 will provide construction services for a not to exceed fee of$280,000.00. Construction support services includes attending preconstruction meetings, on-site observations, construction progress meetings, and shop drawing reviews. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $260,000.00 ($130,000.00 water, $130,000.000 sewer) is required for project management and inspection. Engineering for North Tarrant Express Segment 4, IH-820 from Randol Mill Road to North of Interchange with SH121/SH183 is one component of the overall project that includes project management, easement acquisition, material testing, inspection, construction and contingencies. The overall project budget is $4,940,300.00. Construction is anticipated to be completed by January 2023. This project will have no impact on the Water Department's operating budget when complete. MWBE OFFICE: Kimley-Horn and Associates, Inc. agrees to maintain its initial SBE commitment of 15 percent that it made on the original Agreement and extend and maintain that same SBE commitment of 15 percent to all prior amendments up to and inclusive of the Amendment No. 2. Therefore, Kimley-Horn and Associates, Inc., remains in compliance with the City's BDE Ordinance and attests to its commitment by its signature on the Acceptance of Previous SBE Commitment Form executed by an authorized representative of its company. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one- percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short- term financing source, another funding source will be required, which could mean issuance of securities under the program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's FY2018-2022 Five-Year Capital Improvement Plan on September 26, 2017. This City Council adopted plan includes this specific project, with funding identified through the CP program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of this Resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. This project is located in COUNCIL DISTRICTS 2, 8 and 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Water& Sewer Commercial Paper Fund for Construction Services on North Tarrant Express Segment 4, IH-820 Project. The Water and Sewer Commercial Paper Fund includes the authority of the $150,000,000.00 for the purpose of providing interim funding for Water and Sewer Capital Projects.After this transfer, the balance will be $114,505,010.00. Funding for this project is depicted in the table below: FundExisting Additional Project Total* Appropriations Appropriations Water& Sewer 2017A $1,091,500.00 $0.00 $1,091,500.00 Bond Fund (56011) JI Water & Sewer Commercial $0.00 $540,000.00 $540,000.00 Paper (56016) Project 11$1, 1 .09150000 $540,000.00 Fsi, 631,500.00 Total �44n•//onnc n�ixmat nrn/anniinni�/nrin4mn aor7i�-7�.7Q�.Qrnrin4—friic>R>Pn�Tmc>—print i ni�i�ni Q *Amounts rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year ChartfieId 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: John Kasavich (8480) ATTACHMENTS 1. 60NTESEG4A2-KHA 56016 A018 updated.docx (Public) 2. 60NTESEG4A2-KHA Compliance Memo.pdf (CFW Internal) 3. 60NTESEG4A2-KHA FID Table (Dan).docx (CFW Internal) 4. 60NTESEG4A2-KHA form 1295.pdf (Public) 5. 60NTESEG4A2-KHA Map.pdf (Public) 6. 60NTESEG4A2-KHA SAM.pdf (CFW Internal) 7. 60NTESG4A2-KHA- REIMB RESOLUTION.docx (Public) (D N O E Q X X Q d Ind • • • • • • • • • • • p �• �• O O E .•. c td O) 0) O) d Na G1CL N Z LL LL L N UN w UN " L UcV C N O LU �- .• .• .• .• .• .• .• •• .• J �' • • W� • • • • • • • • • ✓ C • • L 7 "0 O • • Om �m Ym N O 0' Q • • • • �' U • • • • • • • • Q C Q • • LL' O GJ .. N U .• .• •• .• •• .• •• •• U U •• •• (1) • • • • • • • • • N d .9 0 • • p • • • • • • • • O Q. O • • L a x � • �- w c 0 • O • • Q Q Q • • • • • • • • • • • • • • • • • • • • • • p • • • • • • • • • D � • • LL LL L• • • • • • • • • L • • U U • ................ c a� CERTIFICATE 4F INTERESTED PARTIES FORM 1295 1of1 Complete Nos,i-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. 2018-418199 Kimsey-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 10/23/2018 being filed. City of Fort Worth,Texas Date Ano ledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 100987 1 C-28868 Amd 2 Design of water main relocations in conflict with the TxDOT North Tarrant Express Segment 4 highway expansion project 4 Nature of interest 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 UNSWORN DECLARATION My name is–Kevin Hoppers and my date of birth is 0311211975 My address is 13455 Noel Road, Suite 700 Dallas TX , —75240 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas —on the 23 day of October 2018 (month) (year) 4� 1 P �,d -- Signature of authorized agent of racting usiness entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711