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HomeMy WebLinkAboutContract 33831 AMENDMENT NO. 1 STATE OF TEXAS S CITY SECRETARY CONTRACT NO. (No M&C Required) COUNTY OF TARRANT S WHEREAS, the City of Fort Worth (City) and Huitt-Zollars, Inc. , (Engineer) made and entered into City Secretary Contract No. 31302, (the Contract) which was authorized by the City Council by M&C C-20497 on the 25th day of January, 2005; and WHEREAS, the Contract involves engineering services for the following project: Trinity Bluff Water and Wastewater Improvements WHEREAS, it has become necessary to execute Amendment No. 1 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 specified in a proposal letter dated April 21, 2006, a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer total $10,368.60. 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 $86,188.60. YL 'o 03-09-06 P02 :00 IN COGlNN� 3. All other provisions of the contract which are not expressly amended herein shall remain in full forge and effect. EXECUTED on this the - day of , 2006, in Fort Worth, Tarrant County, Texas. ATTEST: Tarty Hendrix Ci ty Secretary ---- NO M&C REQUilIt-D APPROVAL RECOI-MNDED: APPROVED: mmkfi44 A. Douglas Rademaker, P.E . Marc A. Ott Director, Department of Assistant City Manager Engineering HUITT-ZOLLARS, INC. , ENGINEER By: JAI A 429,14**0(4 Name:Roxanne L. Pillar, P.E. Vice President 500 W. 7th Street, Suite 300 Fort Worth, TX 76102 APPROVED AS To FPRN AND LEGALITY: d Qy Assis t City Attorney -2- •n n U HUITT-ZOLLARS HUITT-ZOLLARS,INC,Suite 300 1 500 West 71h St.Mail Unit 23 Ft.Worth,TX 76102-4773 817.335.3000 phone 817.429.1291 metro 817.335.1025 fax i huitt-zollars.com April 21,2006 Mr.Liam Conlon,Project Manager Engineering Department Engineering Services Division City of Fort Worth 900 Monroe Street Suite 201 Fort Worth,Texas 76102 RE: AMENDMENT NO. 1 —GEOTECHNICAL SERVICES for BNSF Railway Trinity Bluff Water and Wastewater Improvements Proposed 24"Water Crossing at Peach Street-Mile Post 346.89/DOT#20517F CITY SECRETARY CONTRACT NO.31302,DOE NO.4617 Dear Mr.Conlon: In order to satisfy BNSF Railway criteria,for soils testing in vicinity of RR ties,Huitt-Zollars,Inc. presents this proposed geotechnical contract amendment for the following services additive to the contract.Attached,please find Fugro Consultants proposal for geotechnical services. We propose to complete the proposed work in accordance with the following fee schedule. Special Services Cost is $10,368.60. Fee Breakdown is as follows: Contract Item Geotechnical Services Fee $9,426.00 $9,426.00 10% Subconsultant Fee $_942.60 Amendment No.1 —Increased Scope $10,368.60 Original Contract $75,820.00 Total $86,188.60 If you have any questions, or require additional information,please call Rick Zohne at 817-335-3000. Sincerely, HUITT-ZOLLARS,INC. Roxa e�,P.E. Vice President Attachments File C:\Documents and Settings\rcohne\My Documents\City of Fort Worth\TBluffWtrWW]mprvts\Apr2l2006Amend#1 Fugro.doc LORD FUGRO CONSULTANTS LP Proposal No. P0705-1224 2517 East Loop 820 N. August 4, 2005 Fort worth,TX 76118 Phone: 817-284-9595 Fax: 817-284-4480 Huitt-Zollars, Inc. 500 W. 7th Street, Suite 300 Fort Worth, Texas 76102-4773 Attention: Mr. Rick Zohne, P.E. PROPOSAL FOR GEOTECHNICAL SERVICES PROPOSED 24-INCH WATER CROSSING AT PEACH STREET AND BNSF RAILROAD FORT WORTH, TEXAS Dear Mr. Zohne: Fugro Consultants LP is pleased to submit this proposal to perform geotechnical services for the referenced project. This proposal is based on the information you provided to us during our recent telephone conversations and e-mails. We understand the proposed project will consist of a new 24-inch water ductile iron carrier pipe within a 42-inch steel casing pipe,under the entire length of the BNSF Railroad right-of-way of approximately 143 feet on the north side of Peach Street in Fort Worth, Texas. We understand that, per BNSF, for all boring and'jacking installations greater than 26 inches in diameter under main and passing tracks and at a depth of 5.5 to 10 feet below top of tie, a geotechnical study will need to be performed to determine the presence of granular material and/or a high water table elevation. From visual estimates of the proposed cross-section, the cover at the ties is on the order of 7 feet or greater. The objectives of this study are to explore the subsurface conditions in the vicinity of the proposed pipeline and at the railroad tie location specifically. From a preliminary inspection at the site, we anticipate the casing pipe to be founded in weathered tan limestone. The work scope will include drilling test, borings, performing laboratory tests on selected soil and rock samples and preparation of a report of findings to aid in design and construction of the new water line. FIELD INVESTIGATION We plan to explore subsurface conditions at the site by drilling and sampling in tes'tiorin that will be drilled to a depth of 20 feet. Two of the borings will be located at each end of the carrier pipe and 1 to 2 feet outside the railroad right-of-way. The third boring will be located close to the track ties, the exact location to be as advised by BNSF in order to remove potential conflict with the drilling rig and passing trains. Undisturbed cohesive soil samples will be obtained using 3-inch diameter, steel-walled tube samplers pushed into the soil. Granular soils A member of the Fugro group of companies with offices throughout the world. Huitt-Zollars, Inc. Proposal No. P0705-1224 August 9,2005 Page 2 will be obtained using split-barrel samplers used in conjunction with the standard penetration test. The rock will be evaluated using Texas Department of Transportation cone penetration tests and rock coring. Groundwater observations will be made in the open boreholes, as they remain open. The boreholes will be backfilled with drill cuttings and plugged at the surface with concrete prior to the crew leaving the site. We have assumed that BNSF representatives will provide access to the boring location close to the ties and confirm that the boring is free of possible conflict with existing underground utility lines. The Fugro field engineer in conjunction with Huitt-Zollars and BNSF personnel will coordinate boring locations. Locations will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate; however, these services may be provided upon request. The field engineer will also coordinate existing utility clearances in the vicinity of the proposed boring locations in conjunction with Huitt-Zollars and BNSF personnel familiar with the project and/or site. LABORATORY INVESTIGATION The engineering properties of the soil and rock materials will be evaluated in the laboratory by tests performed on representative selected samples. The samples will be visually examined and classified, and representative samples will be selected for index and strength tests. Considering the nature of the project, we recommend that the following tests be performed: 1. Moisture contents and dry unit weight tests; 2. Atterberg limit tests; 3. Percent passing a No. 200 sieve; 4. Unconfined compressive strength tests in soils; 5. Unconfined compressive strength tests in rock; 6. Indirect tensile tests in rock; and 7. Unconsolidated unconfined triaxial compression tests in rock. ifs KGW`)�P)D PDff -ruaRn 0 Huitt-Zollars, Inc. Proposal No. P0705-1224 August 9,2005 Page 3 ENGINEERING SERVICES The results of the field and laboratory data will be evaluated to develop geotechnical recommendations. An engineering report will be prepared and will include the following: 1. Plan of borings, boring logs, laboratory test results, and water level observations; 2. General soil and groundwater conditions at the boring locations; 3. Evaluation of depth to rock and type of rock; and 4. Associated geotechnical aspects. Four copies of the report will be provided unless otherwise requested. SPECIAL CONDITIONS AND/OR ASSUMPTIONS Several assumptions have been made in developing this estimate and, if not valid, will constitute a change in scope requiring an adjustment in the project cost. These assumptions are: • This proposal assumes Huitt-Zollars, Inc. will arrange required permits and associated fees including the $250 processing fees. • This proposal assumes required right-of-entry to access the site will be arranged by BNSF RR. • Fugro representatives in conjunction with Huitt-Zollars and BNSF personnel will stake proposed boring locations in the field. • One mobilization/demobilization will be required for the field investigation. A second mobilization may be desired in order to expedite the information required by the boring/tunneling contractor, as two borings will be drilled just outside of the right-of- way. • Our field crew will complete the required on-line safety training prior to mobilizing to the site. • Standby time, including any further required safety meetings, waiting on access to site, will not exceed 2 hours. • Safety training for the field crew is undertaken on-line and will not exceed 4 hours. • Road control, including cones, signs and flag personnel have not been included in the cost estimate; however, these services may be provided upon request. <y_ GRO g Huitt-Zollars, Inc. Proposal No. P0705-1224 August 9,2005 Page 4 • Flag personnel as required by BNSF RR have not been included in our cost estimate and are assumed to be provided by others. COST ESTIMATE AND ANTICIPATED SCHEDULE Based on the scope of work outlined herein and for budget purposes, a maximum cost of $9,426.00 is proposed. A breakdown of the cost is shown on Enclosure 1. If unanticipated conditions are encountered, we will notify you accordingly. This cost will not be exceeded without your prior authorization. We can begin the fieldwork within 6 to 8 days after receiving notice to proceed and after all necessary permits have been obtained. The fieldwork should take about 1 to 2 days to complete. Laboratory testing and preparation of the engineering report with recommendations will require an additional 4 weeks to complete. We will provide preliminary design information, as it is developed, as necessary to help maintain your overall project schedule. TERMS AND CONDITIONS Our services ',will be performed in accordance with the attached General Conditions for Engineering and Technical Services, Schedule 40.01(Enclosure 2), Rev. Apr 05. To indicate acceptance of our proposal and the terms and conditions, please have a duly authorized person (referred to as "Client') sign in the spaces provided and return the attached copy to us for our files. A copy of our current insurance certificate has recently been submitted. CIl` c:UUr`�� . cRo a Huitt-Zollars, Inc. Proposal No. P0705-1224 August 9,2005 Page 5 We thank you for the opportunity to submit this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or if a revised approach would better fit your needs. Sincerely, FUGRO CONSULTANTS LP Michael T. Ta r, E. Project Manager 7 ugh T. Kelly, P.E., P.G. Senior Geological Engineer MTT/HTK/kp Enclosures CLIENT Authorizing Signature Name and Title Company Date Enclosure 1 TUIMRO Proposal No. 0705-1224 -� COST ESTIMATE PROPOSAL FOR GEOTECHNICAL SERVICES PROPOSED 24-INCH WATER CROSSING AT PEACH STREET AND BNSF RAILROAD, FORT WORTH, TEXAS 1.0 FIELD INVESTIGATION Item Description Quantity Unit Rate Amount 1.1 Mobilization of Drilling Equipment, each 1 $ 250.00 $ 250.00 1.2 Drilling and Sampling: 1.2.1 Soil Drilling and Intermittent Sampling 0 to 50 feet, per foot 30 13.50 405.00 1.3 Rock Drilling and Coring: 1.3.2 Rock Coring using NX Barrel 0 to 50 feet, per foot 30 23.00 690.00 1.4 Concrete patch 3 75.00 225.00 1.5 Standby Time for Cleanup, etc, per hour 2 200.00 400.00 1.6 Field Engineer, coordination of boring locations 14 85.00 1,190.00 and utility clearances 1 1.7 Field Engineer, logging of borings 12 85.00 1,020.00 1.8 Texas DOT Cone Penetration Test, each 6 25.00 150.00 Subtotal Field Investigation $ 4.330.00 2.0 LABORATORY INVESTIGATION Item Description Quanti Unit Rate Amount 2.1 Moisture Content Test 18 $ 6.00 $ 108.00 2.2 Dry Unit Weight Test 6 14.00 84.00 2.3 Liquid and Plastic Limit Test 4 46.00 184.00 2.4 Percent Passing a No. 200 Sieve Test 4 25.00 100.00 2.5 Soil Unconfined Compressive Strength Test 2 35.00 70.00 2.6 Rock Unconfined Compressive Strength Test 9 45.00 405.00 2.7 UU Triaxial Compressive Strength Test 3 135.00 405.00 IT,, Ip 2.8 Splitting Tensile 3 42.00 vV126.0Q? �,! ��� Subtotal Laboratory Investigation Enclosure 1 Proposal No.0705-1224 3.0 ENGINEERING SERVICES Analysis,preparation, drafting and reproduction of report 2,250.00 Subtotal Engineering Services $ 2,250.00 4.0 SAFETY TRAINING Railroad education training (www.railroadeducation.com) Contractor orientation (www.contractororientation.com) 4.1 Course fees and ID badge, per person 4 41.00 164.00 4.2 Field Engineer, Drill Crew, per hour 16 75.00 1,200.00 Subtotal Safety Training $ 1,364.00 TOTAL ESTIMATE $ 9.426.00 We reserve the right to modify the field and laboratory investigation and engineering analysis in order to account for the actual field conditions encountered. This modification may necessitate variations in the subtotals presented above. However, the estimated total cost will not be exceeded without our client's prior authorization. Unit prices shown in this proposal are applicable through December, 2005. FUGRO CONSULTANTS LIP '{U6R0 Schedule 40.01 (Rev.Apr 05) a GENERAL CONDITIONS FOR TECHNICAL SERVICES 1. Parties to This Agreement CLIENT as used herein is the entity who authorizes performance of services by Fugro Consultants LP(FUGRO)under the conditions stated herein. FUGRO as used herein includes, Fugro Consultants LP,its employees and officers,and its subcontractors and sub-consultants(including affiliated corporations). 2. _On-site Responsibilities and Risks 2.1 Right-of-Entry. Unless otherwise agreed, CLIENT will furnish unfettered rights-of-entry and obtain permits as required for FUGRO to perform the fieldwork. 2.2 Damage to Property. FUGRO will take reasonable precautions to reduce damage to land and other property caused by FUGRO's operations. However, CLIENT understands that damage may occur and FUGRO's fee does not include the cost of repairing such damage. If CLIENT desires FUGRO to repair and/or pay for damages,FUGRO will undertake the repairs and add the pre-agreed cost to FUGRO's fee. 2.3 Toxic and Hazardous Materials. CLIENT will provide FUGRO with all information within CLIENT's possession or knowledge as to the potential occurrence of toxic or hazardous materials,or Biological Pollutants(as defined in 9.below)at the site being investigated. If unanticipated toxic or hazardous materials, or biological pollutants are encountered, FUGRO reserves the right to demobilize FUGRO's field operations at CLIENT's expense. Remobilization will proceed following consultation with FUGRO's safety coordinator and CLIENT's acceptance of proposed safety measures and fee adjustments. 2.4 Utilities and Pipelines. While performing FUGRO's fieldwork, FUGRO will take reasonable precautions to avoid damage to subterranean and subaqueous structures, pipelines, and utilities. CLIENT agrees to defend, indemnify, and hold FUGRO harmless for any damages to such structures,pipelines,and utilities that are not called to FUGRO's attention and/or correctly shown on plans furnished to FUGRO. 2.5 Site Safety. FUGRO is not responsible for the job site safety of others, nor does FUGRO have stop-work authority over work by others. However, FUGRO will conduct its work in a safe, workman-like manner, and will observe the work-site safety requirements of CLIENT that have been communicated to FUGRO in writing. 3. Standard of Care 3.1 FUGRO will perform its services consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same location. 3.2 CLIENT acknowledges that conditions may vary from those encountered at the location where borings,surveys,or explorations are made and that FUGRO's data, interpretations, and recommendations are based solely on the information available to FUGRO, and FUGRO is not responsible for the interpretation by others of the information developed. 4. Limitation of Remedies To the greatest extent permitted by law, CLIENT's sole remedy against FUGRO for claims and liabilities in any way arising out of or directly or indirectly related to FUGRO's work for CLIENT will not exceed an aggregate limit of$50,000 or the amount of FUGRO's fee, whichever is greater, regardless of the legal theory under which remedy is sought, whether based on negligence [whether sole or concurrent,active or passive],breach of warranty,breach of contract,strict liability or otherwise. In the event CLIENT does not wish to limit FUGRO's remedy to this sum, and if CLIENT requests in writing prior to acceptance of this Agreement, FUGRO agrees to negotiate a greater remedy amount in exchange for an increase in scope and fee appropriate to the project and remedy risks involved. 5. Invoices and Payment At FUGRO's discretion, invoices will be submitted at the completion of task elements, or monthly for services rendered. Payment is due upon presentation of FUGRO's invoice and is past due thirty-(30)days from invoice date. CLIENT agrees to pay a financing charge of one percent(1%) per month (or the maximum rate allowable by law, whichever is less), on past due accounts, and agrees to pay attorneys fees or other costs incurred in collecting any delinquent amount. 6. Data,Records,Work Product and Report(s).and Samples Data, Records, Work Product and Report(s) are FUGRO's property. All pertinent records relating to FUGRO's services shall be retained for a minimum of two (2) years after completion of the work. CLIENT shall have access to the records at all reasonable times during said period. FUGRO will retain samples of soil and rock for a minimum of 30 days after submission of FUGRO's report unless CLIENT advises FUGRO otherwise. Upon CLIENT's written request,for an agreed charge FUGRO will store or deliver the samples in accordance with CLIENTS Instructions. 7. Indemnification FUGRO and CLIENT shall indemnify each other from any claims, damages, losses, and costs, including, but not limited to, reasonable attorney's fees and litigation costs,to the proportionate extent caused by each party's own negligence,including the negligence of the indemnifying party,and its employees,affiliated corporations,officers,and sub-tier parties in connection with the project. 8. Consequential Damages Notwithstanding any other provision of this Agreement, CLIENT and FUGRO waive and release any claim against the other for loss of revenue, profit or use of capital,loss of services, business interruption and/or delay, loss of product, production delays,losses resulting from failure to meet other contractual commitments or deadlines, downtime of facilities, or for any special, indirect, delay or consequential damages resulting from or arising out of this Agreement,or as a result of or in connection with the work,and whether based on negligence(whether sole or concurrent,active or passive),breach of warranty,breach of contract,strict liability or otherwise. 9. Biological Pollutants FUGRO's scope of work does not include the investigation,detection, or design related to the presence of any Biological Pollutants. The term "Biological Pollutants"includes,but is not limited to,mold,fungi,spores,bacteria,and viruses,and the byproducts of any such biological organisms. CLIENT agrees that FUGRO will have no liability for any claim regarding bodily injury or property damage alleged,arising from,or caused directly or indirectly by the presence of or exposure to any Biological Pollutants. In addition,CLIENT will defend, indemnify,and hold harmless FUGRO from any third party claim for damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants. If CLIENT requests in writing prior to acceptance of this Agreement,FUGRO will negotiate a greater limitation amount, and remove CLIENT's responsibilities, in exchange for an increase in fee to develop an expanded scope of work to provide biological pollutant protection. 10. Acceptance of Agreement These GENERAL CONDITIONS have been established in large measure to allocate certain risks between CLIENT and FUGRO. FUGRO will not initiate service without formal agreement on the terms and conditions set forth in these GENERAL CONDITIONS. Acceptance or authorization to initiate services shall be considered by both parties to constitute formal acceptance of all terms and conditions of these GENERAL CONDITIONS. Furthermore, all preprinted terms and conditions on CLIENT's purchase order or purchase order acknowledgment forms are inapplicable to these GENERAL CONDITIONS and FUGRO's involvement in CLIENT's project. 11. Termination of Contract CLIENT and FUGRO may terminate services at any time upon ten (10)days written notice. In the event of termination, CLIENT agrees to fully compensate FUGRO for services performed including reimbursable expenses to the termination date,as well as demobilization expenses. FUGRO will terminate services without waiving any claims or incurring any liability. W�