HomeMy WebLinkAboutContract 49024-A2 k
yjECEIVED
CSC No.49024-A2
MAC 2 AMENDMENT No.2
Cl ov SECRYARY N
TO CITY SECRETARY CONTRACT No. 49024
r
WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and
Associates, Inc. (ENGINEER) made and entered into City Secretary
Contract No. 49024, (the CONTRACT) which was authorized by M&C C-28184
on the 17th day of April, 2017 in the amount of $ $1, 800, 000 ; and
WHEREAS, the CONTRACT was subsequently revised by: Amendment Number
1 in the amount of $595, 000 which was authorized by M&C C-28764 on June
28, 2018,
WHEREAS, the CONTRACT involves engineering services for the
following project:
Harmon Road Task Order Contract (US 811287 to Golden Triangle
Blvd. ) ; and
WHEREAS, it has become necessary to execute Amendment No. 2 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 proposal attached hereto and
incorporated herein. The cost to City for the additional design services
to be performed by Engineer totals $425, 000. (See Attached Funding
Breakdown Sheet, Page -4-)
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 $2,820,000.
3 .
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
City of Fort Worth
Professional Services Agreement Amendment Template
Revised:March 9,2020
Page 1 of OFFICIAL RECG'kD
.
CITY SECRETARY
EXECUTED and EFFECTIVE as of the date last written by a signatory,
below.
APPROVED:
City of Fort Worth ENGINEER
Kimley-Horn
a and Associates, Inc.
Dana Sr 'o
Dana Burghdoff(May 12,2020)
Dana Burghdoff, AICP Scott R. Arnold
Assistant City Manager Vice President
DATE: May 12,2020 DATE: March 30, 2020
APPROVAL RECOMMENDED:
j
WiNarp Jol neon(May 12,2020)
William M. Johnson
Director, Transportation and Public Works 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 .
e`.
Raul E.Lopez(May it,2020)
Raul E. Lopez, P.E.
Program Manager
OFFICIAL RECORD
CM" 3 kC.k"kE'Taa R€a f
City of Fort Worth 9
Professional Services Agreement Amendment Template Fm Wovl i]]'`a x
Revised:March 9,2020 JI
Page 2 of 4 �{'
-AO70334 �gf 17/ao
APPROVED AS TO FORM AND LEGALITY: M&C: 20HARMON CMAR AND KIMLEY HORN AMEND NO. 2
Date: 4/24/2020
w19I.".�
DBIack(May 12,2020)
Douglas W. Black Ordinance 24161-04-2020
Assistant City Attorney
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ATTEST: �Qf" ',
Mary J. Kayser
City Secretary
EFTWORTR,
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City of Fort Worth rrQ��
Professional Services Agreement Amendment Template C
Revised:March 9,2020 -q+p,
Page 3 of 4
FUNDING BREAKDOWN SHEET
City Secretary No. 49024
Amendment No. 2
Department Fund-Account-Center Amount
TPW 30104-0200431-5330500-100459-002330 $425, 000
Total : $425, 000 . 00
City of Fort Worth
Professional Services Agreement Amendment Template
Revised:March 9,2020
Page 4 of 4
Kimley))) Horn
March 30, 2020
J.T.Auldridge P.E., PMP
Transportation and Public Works
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Re: Amendment#2—Harmon Road Improvements from Golden Triangle Boulevard to US 287
City Project No. 100459
City Secretary Contract No. 49024
Dear J.T.:
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or"Consultant") is pleased to submit Amendment#2
in the amount of$425,000 to the City of Fort Worth (City) for the Task Order design contract (CSN
49024) for Harmon Road Improvements from Golden Triangle Boulevard to US Hwy 287. This
amendment is to cover additional services beyond the original scope, such as:
• Preparing Construction Manager at Risk(CMAR) RFP Documents
• Evaluating CMAR Proposals
• Assisting with Pre-Construction Services with the CMAR such as: stakeholder coordination
meetings, constructability reviews, regular coordination meetings
• Developing traffic control plans in conjunction with the CMAR
• Updating plans based on CMAR constructability review
• Sidewalk extension along Heritage Trace Parkway
• Plan revisions to accommodate adjacent development
• Traffic Signal design for the City of Fort Worth new Fire Station 45
• Traffic Analysis for interim improvements to US 287 Roundabouts
• Updating the plans to reflect interim improvements at the US 287 Roundabouts
A detailed scope of services for the additional services will be included in separate Task Order
Authorizations.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
By: Dana Shumard, P.E.
Project Manager
ATTACHMENT B
COMPENSATION
Design Services for
Harmon Road Task Order(from Golden Triangle Boulevard to US 81/287)
City Project No. 100459
Amendment 2
Task Order Rate Schedule
I. Compensation
A. The ENGINEER shall be compensated in an hourly amount not-to-exceed
$425,000 for personnel time, non-labor expenses, and subcontract expenses in
performing services enumerated in Attachment A as follows:
i. 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.
Labor Category Rate
$/hour
Project Director $240
Scheduling Specialist $215
Project Manager $210
Senior Project Engineer $175
Project Engineer $160
EIT $125
CADD $95
Administrative $90
i. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
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.
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.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
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 Section II -
Method of Payment.
II. 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 presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Kimley-Horn and Engineering Services $375,000 88.2%
Associates, Inc.
Proposed MBE/SBE Sub-Consultants
The Rios Group, Inc. Subsurface Utility Engineering $50,000 11.8%
Non-MBE/SBE Consultants
TOTAL $425,000 100%
Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
�o
100459 Harmon Road Amendment 2 $425,000 $50,000 11.8%
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
To be included with each task order.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/19/20 M&C FILE NUMBER:
LOG NAME: 20HARMON CMAR AND KIMLEY HORN AMEND NO. 2
SUBJECT
Authorize Execution of a Construction Manager at Risk Agreement with McCarthy Building
Companies, Inc. for the Harmon Road Project, from US 81/287 to Golden Triangle Boulevard, with
a Preconstruction Phase Fee in the Amount of$95,000.00 and a Construction Phase Cost of Six
and One-Half Percent (6.5%) of the Cost of Work within the Project Construction Budget of
$22,000,000.00; Authorize Execution of Amendment No. 2 to an Engineering Services Agreement
with Kimley-Horn and Associates, Inc. in the Amount of$425,000.00, for Additional Engineering
Services for the Harmon Road Project, Increasing the Project Design Costs to $2,820,000.00.
(2018 Bond Program) (TIF 7) (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a Construction Manager at Risk Agreement with McCarthy Building
Companies, Inc. for the Harmon Road Project, from US 81/287 to Golden Triangle Boulevard,
with a Preconstruction phase fee in the amount of$95,000.00 and a construction phase cost
of six and one-half percent (6.5%) of the cost of work within a project construction budget of
$22,000,000.00 (City Project 100459); and
2. Authorize execution of Amendment No. 2 to the Engineering Agreement with Kimley-Horn
and Associates, Inc. (City Secretary Contract No. 49024) in an amount not to exceed
$425,000.00, for additional engineering services associated with the Harmon Road Project,
increasing the project design costs to $2,820,000.00.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a
Construction Manager at Risk (CMAR) contract with McCarthy Building Companies, Inc. for the
Harmon Road Project, from US 81/287 to Golden Triangle Boulevard, with a preconstruction phase
fee in the amount of$95,000.00 and a construction phase cost of 6.5% of the cost of work within a
project construction budget of$22,000,000.00. The total overall project budget is $35,700,000.00,
which includes planning, design, land acquisition, project administration, construction, inspection,
testing, utility relocations, and contingencies. The project scope includes the construction of a 4-
lane arterial street from US 81/287 to Golden Triangle Boulevard, with roundabouts at US 81/287
north and south frontage roads, Presidio Vista Drive, Heritage Trace Parkway and Golden Triangle
Boulevard. The project is being funded through the City's 2018 Bond Program and TIF
7 Development Agreement, CSCN 53798 (M&C C-27896) .
CMAR:
Due to factors including budget, schedule and length, City staff determined that utilizing a CMAR for
project delivery would be most efficient for accomplishing the project. The CMAR method of project
delivery is expected to reduce impacts to the traveling public during construction, minimize change
orders and reduce overall time for completion. By engaging a CMAR, the phasing and sequencing
of the project will be overseen by a single construction manager, rather than it being managed
directly by TPW staff, and delivered in different sections under multiple bid-build contractor
solicitations, as is more typical project delivery.
A one-step call for qualifications from interested CMAR firms was advertised in the Fort Worth
Star-Telegram on January 30 and February 6, 2020. A pre-proposal meeting was held February
11, 2020. The City received 4 responses on February 27, 2020 from the contractors listed below:
• Jackson Construction, Ltd.
• McCarthy Building Companies, Inc.
• Sundt Construction, Inc.
• Thalle Construction Company
A selection team comprised of representatives of the Transportation & Public Works Department,
Park & Recreation Department and the Office of Business Diversity reviewed and scored the
submittals. The selection team reviewed the proposers' (a) corporate experience &financial
stability, (b) proposed fees and costs, (c) qualifications and experience of key personnel, (d) pre-
construction services approach, (e) construction services approach, (f) QA/QC and safety plan
approach, (g) cost and schedule controls, (h) compliance with Business Diversity Enterprise
Ordinance and (i) special consideration for arterial streets constructed in the City of Fort Worth.
The individual scores were averaged for the final scores listed in the following table.
Proposers Evaluation Factors
a b c d e f g h i Totals Rank
McCarthy Building 9.25 4 15.25 8.5 10.75 4.5 19.5 4 3.75 79.50 1
Companies, Inc.
Sundt Construction, Inc. 9 4 13.5 8 11.75 4 19.75 5 2.25 77.25 2
Jackson Construction, 7 3 15 4 9 2.5 11.25 3 5 59.75 3
Ltd.
Thalle Construction 8.25 3 8.5 6 9.25 2.75 14 4 0 55.75 4
Company
Staff began negotiations with the top ranked firm on April 8, 2020 and now recommends that the
City Council authorize execution of a CMAR contract with McCarthy Building Companies, Inc., for
CMAR services for the construction of Harmon Road from US 81/287 to Golden Triangle
Boulevard.
This project is included in the 2018 Bond Program. Available resources within the General Fund
will be used to provide interim financing until debt is issued. Once debt associated with the project
is sold, bond proceeds will reimburse the General Fund in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the
bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by the Mayor and
Council.
This project is being funded by 2018 Bond Program and the TIF 7 Development Agreement as
shown in the following table:
Fund M&CI Amount
2018 Bond Program G-19306 $18,000,000.00
SCN 53798 TIF 7 Development Agreement C-27896 $12,390,000.00
WS Capital Project 2019 C-287781 $58,450.00
TOTAL FUNDING $30,448,450.00
Pre-Construction services, including a detailed constructability review of the design, will commence
upon award of this contract and issuance of a Notice to Proceed. Construction services for Harmon
Road are expected to begin in winter 2020. Construction is projected to be completed by 2023.
Design Services Agreement Amendment:
On April 17, 2017 (M&C C-28184), the City Council authorized an Engineering Agreement with
Kimley-Horn and Associates, Inc. (KHA), in the amount of$1,800,000.00 to develop design and
construction documents for the improvements of Harmon Road.
On June 26, 2018 (M&C C-28764), the City Council authorized Amendment No. 1 to the
Agreement in the amount of$595,000.00 to provide additional design services for Harmon Road.
This Amendment No. 2 will complete the design and construction documents for a not to exceed
amount of$425,000.00. Staff considers this additional fee to be fair and reasonable for the scope
of services proposed.
M/WBE Office—The M/WBE Office has determined that there is no MBE diversity goal for Pre-
Construction Phase Services. McCarthy Building Companies, Inc. is in compliance with the City's
BDE Ordinance by committing to 11% MBE participation for the Construction Phase Services of
this CMAR project. The City's MBE goal for Construction Phase Services on this CMAR project is
11%.
Kimley-Horn and Associates, Inc. agrees to maintain its initial SBE commitment of 14% that it
made on the original agreement and extend and maintain that same SBE commitment of 14% to all
prior amendments up to and inclusive of this 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.
The Project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the 2018 Bond Program and TIF 7 Development Agreement Funds for Harmon
Road Design ROW project to support the approval of the above recommendations, award of the
contract and execution of the amendment. Prior to any expenditure being incurred,
the Transportation & Public Works Department has the responsibility to validate the availability of
funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Additional Information Contact: J.T. Auldridge 7252