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HomeMy WebLinkAboutContract 34884AMENDMENT NO. 1 STATE OF TEXAS S CITY SECRETARY CONTRACT NO. (No M&C Needed) COUNTY OF TARRANT S WHEREAS, the City of Fort Worth (City) and Multatech Engineering, Inc., (Engineer) made and entered into City Secretary Contract No. 34073, (the Contract) which was authorized by the City Council by M&C C-21720 on the 26�` day of September 2006; and WHEREAS, the Contract involves engineering services for the following project: Engineering Design Services: Street Reconstruction, Water and Sewer Main Replacements Portions of NE 29�' Street (Weber St to Schwartz Ave), N. Hampton Street (NE 32nd St to E. Long Ave) and N. Terry Street (NE 30�' St to NE 35t'' St), 2004 CIP Contract Year 4& 5, Contract 42, Project No. 00442; DOE No. 5397 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 December 20,2006, a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be ,er.f�_�+�+�d _,by Engineer total $13,200.00. �:,�; ; i:: ; 1 � -,� 'v��''�' .;���-'i's�;'���'':l ? �I, . - .:� � i� ��?', ORIG V-� i �����-- � I F� Axticle II of the Contract is amended the maximum fee to be paid to Engineer performed under the Contract, as amended, , the City for all work and services sh $147,526.09. 3. to provide for an increase in for all work and services ;o that the total fee paid by �11 not exceed the sum of All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the � day of � ! 2007, in Fort Worth, Tarrant County, Texas. (1 v TT , Marty Hendrix CitySecretary p� ��i.-c� � y YY 4�+�T■y ��V hMn6+a.�. iii..t������1s6/ �--.__-i�=..—. i-__.. �"_ APP VAL RECONID���N,DnED : ���17r�/l� I�l/l�/� A Douglas Rademaker, P.E. Director, Department of Engineering Multatech Enctineerincr , Inc . ENGINE�i2 , � . .• By . ; ��� !� �',i��t Name: Jack Otteson, P.E. Vice President 1407 Texas Street, Suite 200 Fort Worth, Texas 76102 Assis TO F�3�' AND i ( � - G�rj: it,�r Attorney ITY: / �/ APPRO Marc . Ott Assistant City Manager .`. {?�;=,j,! � ,^p,� �::�'i��i'�id � n i,;I 1 ',J�I�vf.��l �Ssv`1�.� '���1� `;�?��i����,�,�° �T �� S �: :'� L; �L : ��` � a:� � 1P �j��n J�� `'':'�':i''}('6'1i�; u�:: `. U-�: � � GN -� P� t�J � MULTATECH ENGINEERING, INC. ALFRED SAENZ WILLIAM A. MANNING, P.E. V�CTOR A. WEIR, II, P.E. JOE T. ROMINE, P.E. LAURENCE J. MALONEY, P.E. JACK A. OTTESON, P.E. 1407 TEXAS STREET SUITE 200 FORT WORTH, TEXAS 76102-3428 PHONE [817] 877-5571 METRO [817] 429-7457 FAX [817] 877-4245 E-MAIL bu siness@multatech.com December 20, 2006 Ms. Dena Johnson Engineering Manager City of Fort Worth Engineering Department 1000 Throckmorton Street Fort Worth, TX 76102 RE: CFW Project 00442, Street Reconstruction, NE 29T" St., N. Hampton St. and N. Terry St. Ms. Johnson: Attached is a proposal requested to provide geotechnical investigation as part of our services for CIP Contract 42. As you are aware, these services would be provided outside the original scope of work for this project. The cost for this additional service is proposed to be $12,000.00 and is detailed on the attached proposal. If we are to provide this service as a part of our contract, we request that you issue a change order to our contract in the amount of $13,200.00 to cover the cost of the services and a 10% administrative fee. Should you have any questions, please contact me at (817) 877-5571. Sincerely, Multatech Engineering, Inc. . 2t�Gf��:? ���(�..�.���"�''� Bruce Nelson, P.E. Project Engineer Cc: File 06033.00 Encl. (1) 7636 Pebble Drive '`' ,� � ENGINEERING, INC. Fottwo�, Texas 76118 �s;,�,a ,� �m�en�:�om Proposal No. 06-1752 December 18, 2006 Multatech Engineering, inc. 1407 Texas Street, Suite 200 Fort Worth, Texas 76102-3428 Attn: Mr. Bruce Nelson, P.E. PROPOSAL FOR: GEOTECHNICAL ENGINEERING INVESTIGATION AND PAVEMENT DESIGN FORT WORTH CIP PROJECT 42 N. TERRY STREET, HAMPTON STREET, AND N.E. 29T" STREET FORT WORTH, TEXAS Dear Mr. Nelson: INTRODUCTION CMJ Engineering, Inc. (CMJ) is pleased to submit a proposal for providing geotechnical engineering services in conjunction with the above-referenced project. We prepared this proposal based on a telephone conversation with Mr. Bruce Nelson, P.E., and on the preliminary scope submitted to this office. This geotechnical investigation will be performed in accordance with the City of Fort Worth's 2005 Pavement Design Standards Manual. The project, as currently planned, will consist of refurbishment of approximately 4,500 linear feet of specific portions of N. Terry Street, Hampton Street, and N.E. 29th Street in Fort Worth, Texas. Designs for equivalent Portland cement concrete sections and asphalt concrete sections will be presented. For purposes of this proposal, it is assumed that all borings are accessible to truck-mounted drilling equipment. In addition, it is assumed that underground utilities at boring locations will be coordinated by CMJ. SCOPE OF SERVICES I. BASIC SERVICES A. SUBSURFACE EXPLORATION Experienced drillers and technicians will evaluate subsurtace conditions with a total of eleven (11) continuously sampled borings drilled to 10-foot depths. Phone (817) 284-9400 Fax (817) 589-9993 Metro (817) 589-9992 CMJ ENGINEERING, INC. Multatech Engineering, Inc. Proposal No. 06-1752 December 18, 2006 Page 2 The field personnel will drill the borings using truck-mounted equipment. Cohesive and non- cohesive soil samples will be continuously obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. CMJ's personnel will stake the boring locations using normal taping procedures. Approximate locations of the borings will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations, boreholes will be backfilled with cement grout and the upper two feet plugged with bentonite pellets. B. LABORATORY SERVICES Considering the planned improvements, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recommended: • moisture content and soil identification • liquid and plastic limit determinations • percent passing No. 200 sieve • unconfined compression tests on soil • unit weight determinations • absorption pressure and/or one-point pressure swell tests • lime series test • soluble sulfate tests • unconsolidated undrained triaxial compression tests The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. C. ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide three copies of the report. The report will address: . general soil and ground-water conditions • earthwork recommendations CMr ENGINEERING, INC. Multatech Engineering, Inc. Proposal No. 06-1752 December 18, 2006 Page 3 • guidelines for pavement subgrade stabilization • pavement thickness design Items ofher than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, wilf be performed as Additional Services. Additional Services are described in Section II. D. COMPENSATION FOR BASIC SERVICES It is proposed that the Basic Services described above be perFormed on a unit price basis, in accordance with the attached Basic Services Cost Estimate. Based on the anticipated scope and the attact�ed Basic Services Cost Estimate, the total cost of the Basic Services should be on the order of $11,000 to $12,000, For budget purposes, a maximum cost of $12,000 is recommended. This cost fior Basic Services will not be exceeded without prior authorization. The estimated costs shown in this proposal are based on the anticipated soil conditions. The final invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are encountered during drilling, we will notify you accordingly. E. SCHEDULE FOR BASIC SERVICES Weather permitting, we plan to initiate these studies within seven days of receipt of notice to proceed, and anticipate that three working days will be required to complete the subsurtace exploration for the site (weather conditions permitting). You will receive the final report approximately three to four weeks following the completion of the field phase. We will make preliminary design data available sooner if necessary. Il. ADDITIONAL SERVICES A. AUTHORIZATION AND SCOPE Additional Services will be performed only if specifically requested and authorized by Client. Additional Services may consist of the following: • Additional subsurface exploration, including quantities or items other than described in Basic Services. • Bulldozer or other equipment services required to achieve access to boring locations. • Stand-by time or time in excess of one-half hour required for travel between boring locations. • Additional laboratory services, including quantities or items other than described in Basic Services. CMJ ENGINEERING, INC. Multatech Engineering, Inc. Proposal No. 06-1752 December 18, 2006 Page 4 Additional engineering services, including personnel time and expenses for items not specifically described in Basic Services. This may include, but is not limited to, additional meetings requested by Client or Client's other consultants, assistance to Client in dealing with regulatory agencies, preparation and engineering assistance in legal proceedings, and evaluation of alternative designs for the project or relocation of structure, following initial submittal of the geotechnical report. • Additional copies of the report, other than the number described in Basic Services. Any other required or requested services authorized by Client, other than those specifically described in Basic Services. B. COMPENSATION AND SCHEDULE F�R ADDITIONAL SERVICES Additional Services, when authorized by Client, will be in accordance with our Schedule of Fees. Additional Services will be perFormed at reasonable times and within reasonable schedules as requested by Client. Authorized Additional Services will be billed as a separate item on invoices and a description of the Additional Services will be provided. Ill. TERMS AND CONDITIONS The scope of services will be pertormed pursuant to the attached CMJ Terms for Geotechnical Engineering Services, which is incorporated inio this proposal. Thank you for the opportunity to present this proposal. Please sign the attached Terms for Geotechnical Engineering Services and return one complete copy of this proposal as your authorization to proceed. Facsimile signatures shall be sufficient unless originals are requested by a third party. Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed scope of services. **** We look forward to working with the Multatech Engineering, Inc. on this project. Respectfully submitted, CMJ ENGINEERING, I � 1 cPP � nt �ts+1 1 1 1 l� Jame P. Sappington, IV, P.E. Proje t Engineer copies submitted: (2} Mr. Bruce Nelson, P.E.; Multatech Engineering, Inc. (by mail) (1) Mr. Bruce Nelson, P.E.; Multatech Engineering, Inc. (by email) CMJ ENGINEERING, WC. GEOTECHNICAL ENGINEERING SERVICES BASIC SERVICES COST ESTIMATE PROPOSAL: 06-1752 DATE: December 18, 2006 PROJECT: GEOTECHNICAL ENGINEERING INVESTIGATION AND PAVEMENT DESIGN FORT WORTH CIP PROJECT 42 N. TERRY STREET, HAMPTON STREET, AND N.E. 29T" STREET FORT WORTH, TEXAS SUBSURFACE EXPLORATION Mobilization Soil Drilling-Continuous Sampling (0-25 ft.) Patching Grout Backfill with Bentonite Plug Barricade / Sign / Cone Rental Rig Standby Time for Traffic Control Setup/Cleanup City of ForE Worth Street Management ROW Permit Underground Utility Check Subtotal Subsurface Services LABORA70RY SERVICES Moisture Content and Soil Identification Liquid and Plastic Limits Unit Weight % Passing No. 200 Sieve Swell Test Soluble Sulfate Test Lime Series Test UU Triaxial Compression Test Specimen Remold w/ Lime Subtotal Laboratory Services ENGINEERING SERVICES Senior Principal Engineer Project Engineer Drafting & Secretarial Support Misc. Expense (report production, mileage, etc.) Subtotal Engineering Services TOTAL ESTIMATE Quant 1 110 11 110 1 3 1 4 77 18 10 18 4 5 3 12 1 Unit $ 300.�0 15.00 45.00 7, 50 1 D0.00 150.00 60.00 60.00 6.00 45.00 10.00 30.00 65.00 60.00 135.00 200.00 50.00 Total $ 300.00 1,650.00 495.00 825.00 100.00 450.00 60.00 240.00 $ 4,120.00 462.00 810.00 100.00 540.00 260.00 300.00 405.00 2,400,00 50.00 $ 5,327.00 3 110.00 330.00 24 70.00 1,680.00 3 35.Q0 105.00 1 100.00 100.00 $ 2,215.00 $ 11,662.00 ESTIMATE RANGE $ 12,000.00 TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC., hereinafter referred to as GEOTECHNICAL ENGINEER, and MULTATECH ENGINEERING, INC., hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached proposal identified as Proposal No. 06-1752, dated December 18, 2006 and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OFCARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time, Data, interpretations, and recommendations by GEOTECHNICAL ENGINEER will be based solely on information available to GEOTECHNICAL ENGINEER. GEOTECHNICAL ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by GEOTECHNICAL ENGINEER under this AGREEMENT are expected by CLIENT to 6e conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical enginaering profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of geotechnical engineering services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site. GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities, GEOTECHNICAL ENGINEER will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from damage done to subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL GEOTECHNICAL ENGINEER will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT'S expense upon CLIENT'S prior written request. MONITORING If GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the PROPOSAL, then this phrase applies. For the specified assignment, GEOTECHNICAL ENGINEER will report observations and protessional opinions to CLIENT. No action of GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER'S site representative can be construed as altering any AGREEMENT between CLIENT and others. GEOTECHNICAL ENGINEER will report to CLIENT any observed geotechnically-related work which, in GEOTECHNICAL ENGINEER'S professional opinion, does not conform with plans and specifications. The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved soleiy for CLIENT. Furthermore, GEOTECHNICAL ENGINEER'S presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction-related services. GEOTECHNICAL ENGINEER will not be r2sponsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay GEOTECHNICAL ENGINEER in accordance with the procedures indicated in the PROPOSAL and its attachments. Invoices will be submitted to CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute_ In the absence of written notification described above, the amount as stated on the invoice will be paid. TERMS - Page 1 of 3 PROPOSAL NO. 06-1752 CMJ ENGINEERWG, INC. Invoices are delinquent if payment has not been received within thirty (30) days trom date of invoice. At the option of the GEOTECHNICAL ENGINEER, CLIENT will pay an additional charge of one-and-one-half (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, except for any portion of the invoiced amount in dispute and resolvad in favor of CLIENT. Disputed amounts withheld by the client which are subsequently resolved in favor of the geotechnical engineer will carry the additional charge, as described above, effective thirty (30) days from the date of the original invoice. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT. TERMINATION This AGREEMENT may be terminated by either party seven 17► days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, GEOTECHNICAL ENGINEER will 6e paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to the cost of completing analyses, records, and reports necessary to document job status at the time of termination. RISK ALLOCATION In recognition of the relative risks and benefits of the Project to both tfie CLIENT and the GEOTECHNICAL ENGINEER, the risks have been allocated such that the CLIENT agrees, to the fullest extent of the law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the totai liability, in the aggregate, of the GEOTECHNICAL ENGINEER and the GEOTECHNICAL ENGINEER'S officers, directors, employees, agents, and subconsultants to the CLIENT or to anyone claiming by, through or under the CLIENT, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict lia6ility or breach of contract or any warranty, express or implied, of the GEOTECHNICAL ENGINEER, or the GEOTECHNICAL ENGINEER'S officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the GEOTECHNICAL ENGINEER under this Agreement or 550,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the GEOTECHNICAL ENGINEER 6e liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs releted to the failure of contractors to perform work in accordance with the plans and specifications. This Section is intended solely to limit the remedies availa6le to the CLIENT, and nothing in this Section shall require the CLIENT to indemnify the GEOTECHNICAL ENGINEER. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonabie effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed GEOTECHNICAL ENGINEER of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect heaith and safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materia►s. GEOTECHNICAL ENGINEER agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosures made by GEOTECHNICAL ENGINEER which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from GEOTECHNICAL ENGINEER'S discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by GEOTECHNICAL ENGINEER which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between GEOTECHNICAL ENGINEER and CLIENT arising out of or in any way related to this AGREEMENT wiil be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and GEOTECHNICAL ENGINEER have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedures is set forth in TERMS - Page 2 of 3 PROPOSAL NO. 06-1752 CMJ ENGrrreERlNc, INC. this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of ADR as provided above, then: (1) the claim wiil be brought and tried in judicial jurisdiction of the court of the county where GEOTECHNICAL ENGINEER's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and 12) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees, and other claim related expenses. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. CLIENT By: Position Date CMJ GINEERING, INC. �, U���. By Garrett E. Wiiliams, P.E. President Position December 18, 2006 Date TERMS - Page 3 of 3 PROPOSAL NO. 06-1752 CMJ ENGINbERING, iNC.