HomeMy WebLinkAboutContract 40860-A2 (3)+6121,08MVIERA&I•
STATE OF TEXAS S CITY SECRETARY CONTRACT NO.
(No M&C Needed)
COUNTY OF TARRANT S
WHEREAS, the City of Fort Worth (City) and Burgess & Niple,
Inc., (Engineer) made and entered into City Secretary Contract No.
C-24395, (the Contract) which was executed by the City Manager on
the Sixth day of August 2010; and
WHEREAS, the Contract involves engineering services for the
following project:
Crooked Lane Drainage Improvements, City Project No. 01335
WHEREAS, it has become necessary to execute Amendment No. 2
to said Contract to include a change in 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 11, 2011 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 $27,298.00
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 $122,909.00
City of Fort Worth, Texas
Amendment to Engineering Agreement
PMO Official Release Date: 10.01.2010
Page 1 of 2
f * , .
3.
All other provisions of the Contract which are not expressly amended
herein shall remain in full force and effect.
EXECUTED on this the r}^ day of I , �.b� ` in Fort
Worth, Tarrant County, Texas.
ATTEST:
Marty Hendrix
City Secretary
APPROVAL RECOMN�NDED: APPROVED:
04 ':L;� C
Douglas W. Wiersig, P.E.
Director, Department of
Trans portation/Public Works
s & Nit�le
By:
Inc.
Fernando Costa
Assistant City Manager
Name: David R. Washington, P.E., R.P.L.S.
Vice President
3950 Fossil Creek Dr., Suite #210
Fort Worth, TX 76137
AS TO FORM AND LEGALITY:
Assistant City Attorney
City of Fort Worth, Texas
Amendment to Engineering Agreement
PMO Official Release Date: 6.18.2010
Page 2 of 2
Scope for Engineering Design Related Services for Storm Water Improvements Projects
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project. Under this scope, "ENGINEER"
is expanded to include any sub -consultant, including surveyor, employed or contracted by
the ENGINEER.
OBJECTIVE
This contract amendment is to provide Bid Phase Services and Construction Phase
Services in addition to the services already under contract. Additionally, some extra survey
work will be required.
WORK TO BE PERFORMED
Task 1. Design Management IN ORIGINAL CONTRACT
Task 2. Conceptual Design IN ORIGINAL CONTRACT
Task 3. Preliminary Design IN ORIGINAL CONTRACT
Task 4. Final Design IN ORIGINAL CONTRACT
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. ROW/Easement Services IN ORIGINAL CONTRACT
Task 8. Survey Services IN ORIGINAL CONTRACT
Task 9. Permitting IN ORIGINAL CONTRACT
Task 10. Additional Services
TASK 1. DESIGN MANAGEMENT.
This is included in the original contract.
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
This is included in the original contract.
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
This is included in the original contract.
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
This is included in the original contract.
TASK 5. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09)
PAGE 1 OF 6
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto Buzzsaw for
access to potential bidders.
• Contract documents shall be uploaded in a .pdf file.
• Unit Price Proposal documents are to be created utilizing CFW Bidtools only
and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
Template, and will be populated and configured so that all pages are
complete and the Summary Worksheet(s) in the workbook detail and
automatically summarize the totals from the inserted Unit Price Proposal
document worksheets.
• Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files.
The .pdf will consist of one file of the entire plan set. The .dwf will consist of
individual files, one for each plan sheet, and will be numbered and named in
a manner similar to that of the plan set index.
• The ENGINEER shall sell contract documents and maintain a plan holders list on
Buzzsaw from documents sold and from Contractor's uploaded Plan Holder
Registrations in Buzzsaw.
• The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders questions and requests
and the response thereto. The log shall be housed and maintained in the
project's Buzzsaw folder titled Request for Information. The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders questions and requests, in the form of
addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and
mail addenda to all plan holders.
• Attend the prebid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• When substitution prior to award of contracts is allowed in the contract
documents, the ENGINEER will advise the CITY as to the acceptability of
alternate materials and equipment proposed by bidders.
• Attend the bid opening in support of the CITY.
• Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation is to be uploaded into the project's Bid Responses folder on Buzzsaw.
• Incorporate all addenda into the contract documents and issue conformed sets.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGfNEERING RELATED DESIGN SERVICES (REV 10-29-09)
PAGE20F6
• 15 sets of conformed plans will be delivered to the CITY and made available
on Buzzsaw. The 15 plans shall consist of 10 full size 22x34 and
5 half size 11x17 drawings.
• 10 sets of conformed specifications and addenda will be delivered to the
CITY and made available on Buzzsaw.
• I set of conformed full size (22" x 34") mylar plans will be delivered to the
CITY for record storage.
• PDF and DWF files will be uploaded to Buzzsaw.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Conformed construction documents
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
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.
• The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
• The ENGINEER shall 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. Such
review 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. The ENGINEER shall log and track all shop
drawings, samples and other submittals in Buzzsaw.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
• The ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list.
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09)
PAGE 3 OF 6
6.2 Record Drawings
® The ENGINEER shall prepare record drawings from information submitted by the
inspector and/or Contractor. The drawings shall be submitted as full size (22" x
34") mylar drawings.
® Record Drawings shall also be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the TPW plan set. Each PDF and DWF file shall contain
all associated sheets of the particular plan set. Singular PDF and DWF files for
each sheet of a plan set will not be accepted. PDF and DWF files shall
conform to naming conventions as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053 org3.pdf and K-0320_org5.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in Buzzsaw.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
• Construction duration is assumed to be 3 months. A duration exceeding
this time frame will be considered additional services.
• Adequate notice is considered 48 hours.
• The ENGINEER will visit the site once a month for up to 3 regular monthly
site visits.
• Apart from monthly site visits, additional site visits for an RFI or Change Order
may be required, as requested by the City. Total number of site visits not to
exceed 4
• Site visits made by the ENGINEER as a result of errors and/or omissions made
by the ENGINEER are excluded and will be at the ENGINEER's sole
responsibility.
• The site visit report will include date, time, name of observer, site pictures,
description of the work being performed and a bulleted list of observations. A
report will be prepared for each of the 4 site visits.
• Up to 8 submittals will be reviewed.
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09)
PAGE 4 OF 6
• Up to 10 RFIs will require answers.
• Up to 1 change order will be issued.
® Record drawings will incorporate contractor's change orders, contractor and
inspector markups, and/or CITY as built survey. No as built survey from the
ENGINEER is included in this scope.
• Changes in site conditions occurring after the beginning of construction are not
the responsibility of the ENGINEER.
DELIVERABLES
A. Public meeting exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
E. Mylar Record Drawings
TASK 7. ROW/EASEMENT SERVICES.
This is included in the original contract.
TASK 8. SURVEY.
This is included in the original contract. However, the outfall location identified in the original
scope of work was changed at the concept design review meeting. Additional survey along
the new proposed outfall will be provided.
TASK 9. PERMITTING.
This is included in the original contract.
TASK 10. ADDITIONAL SERVICES
If requested by the CITY, the engineer shall provide the following additional services.
• Assist and/or facilitate additional meeting(s) (beyond those in the original contract)
regarding the proposed improvements and their impacts, as requested by the
CITY.
• Prepare additional exhibits and sketches regarding the proposed improvements,
as requested by the CITY.
• Provide additional design effort, as requested by the CITY.
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-2&09)
PAGE 5 OF 6
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
�►dditional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre -qualification, bid protests, bid rejection
and re -bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
• Environmental Services
• Floodplain Services
• Coordination with TxDOT, Railroads or TDLR
ATTACHMENT "A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09)
PAGE60F6
� L ,
Yesign Services or
City Project •
. 01335
Lump Sum Project
A. The ENGINEER shall be compensated a total lump sum fee of $27,298.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
.this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
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: 5.19.2010
Page 1 of 3
Firm I Primary Responsibility
Fee Amount %
Prime Consultant
Burgess & Niple Civil Engineering
$22,948 84.06
Proposed M/WBE Sub -Consultants
j Gorrondona &
Associates
Surveying and SUE $4,350
15.94
I
Non-M/WBE Consultants
TOTAL
$27,298
100%
Project Number &Name
Total Fee
M/WBE Fee
MNVBE
01335 Amendment No. 2
$27,298
$4,350
15.94%
City M/WBE Goal = 0%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 3
Consultant Committed Goal = 15.9
INVOICEENGINEER
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 3 of 3
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Design Services for
Crooked Lane Drainage Improvements Amendment No. 2
City Project No. 01335
None
Rev 02-10-09
Consulting Contract Schedule Specifications
City of Fort Worth Capital Improvement Program
Attachment D -.Project Schedule
This PROTECT requires a Tier 3 schedide as defined herein and in the Citl/'s Schedule Guidance
Docunent.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
- Primavera (Version 6.1 or later or approved by CITY)
Primavera Contractor (Version 6.1 or later or approved by CITY)
Microsoft Project (Version 2003/2007 or later or approved by CITY) (PI: IASING OUT)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document.
a. 'The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks, subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points, including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following, if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth, Texas
Attachment D
PMO Release Date: 02.15.2011
Page 1 of 2
® Other schedule -related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth, Texas
Attachment D
PMO Release Date: 02.15.2011
Page 2 of 2
�Is7 ILIUK.IMi� w
Design Services for
Crooked Lane Drainage Improvements Amendment No. 2
City Project No. 01335
J�''P`� DETAIL OF PROJECT LOCATION
Rev 02-10-09
=��1:�rT�-=m ►� 1 I
3950 Fossil Creek Blvd., Suite 210 1 Fort Worth, TX 761371017.306.1444
April 11, 2011
Dr. Vibhuti Pandey, P.E., CFM
Project Manager
Stormwater - Transportation & Public Works
Integrated Program Management (IPM)
900 Monroe Street, Suite 201
Fort Worth, TX 76102
RE: 01335 -Crooked Lane Drainage Improvements
Additional Services Request for Surveying, Bid Phase Services, and Construction Phase Services
Dr. Pandey,
This letter is our formal request for Authorization for additional services on this project.
At the Conceptual Design Review meeting, we agreed to change the outfall of the storm drain system to
a point further upstream of the initial discharge location. Survey of the existing swale through lot 30
and the proposed location of the two inlets south of Brentwood Stair will be required. Addtionally,
providing bid phase and construction phase services was discussed during the meeting and is being
added to this request.
I have attached Attachment'A' the scope of work, Attachment'B' the task/hour breakdown, and the
Surveyor's proposal letter to me for this additional effort. Please let me know if you have any questions
or need additional information concerning this request.
burgessniple.com
April 11, 2010
01335 - Crooked Lane Drainage Improvements
Additional Services Request for Surveying, Bid Phase Services and Construction Phase Services
Page 2
PROJECT FEE DETAILS
Contract Item Description Fee
Original Contract Crooked Lane Drainage Improvements $881961.00
City Sec'y Contract # 40860
Approved Amendment No. 1
City Sec'y Contract # 40860-A1
Current Contract Total
Proposed Amendment No. 2
REVISED TOTAL PROJECT FEE
Respectfully submitted,
Additional Survey
Additional Surveying, Bid Phase Services and
Construction Phase Services
Burgess & Niple, Inc.
TBPE FIRM REGISTRATION N0, F-10834
oz;&w ) 0 444a
William D. Wendland, P.E.
Associate
Director, Fort Worth Public Sector
Enclosure
P:\PR49573\PM\CONTRACT\CO\CO-2\Pandey-Additional Services Request fi2_20110411.docx
$6,650.00
95 611.00
27 298.00
$122.909.00