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Contract 41865-A1 (2)
AMENOMMT No 0 `i TO CITY SECRETARY CONTRACT ©DTrV SECRt(kt h CONTRACT Na 11 o WHEREAS, the City of Fort Worth (CITY) and Garver, LLC, (ENGINEER) made and entered into City Secretary Contract No. 41865, (the CONTRACT) which was authorized by M&C C-24918 on the 24 th day of May; 2011 in the amount of $ 9 9, 5 0 0. 0 0; and WHERWAS, the CONTRACT involves engineering services for the following project: On -Call professional engineering services for small projects on an as -needed basis for the Aviation Department; and WHEREAS, it has become necessary to execute Amendment No. 1 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 e ngineering services specified in a proposal dated March 6, 2012, a copy o f which is attached hereto and incorporated herein. The cost to City for the additional services to be performed by Engineer totals $99, 500. 00. 2. Article II of the CONTRACT is amended to provide for an increase in t he fee to be paid to Engineer for all work and services performed under t he Contract, as amended, so that the total fee paid by the City for all work and services shall be an amount of $199,000.00. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date last written by a signatory, below. (_ 19-12 A11:05 IN Page -1 pFFICiAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED: City of Fort Worth Fernando Costa Assistant City Manager DATE: 4;AA, lea APPROVAL RECOMMENDED: /72-1,71.2.71-rt, Bill Welstead Director, Aviation Department APPROVED AS TO FORM AND LEGALITY: Douglas W. Black Assistant City Attorney ATTEST: hry J. Kayser 01(1111e City Secretary natio 00 0°1 *o o \N 004 P4h g000Q wzi 0 0 eit g br Page -2 ENGINEER Garver, LLC Frank Mcll l wa i n Senior Project Manager DATE: Oint mac: -in 39 Date: t/2- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1. Compensation EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Design Services for Meacham Airport Improvements City Project No. Time and Materials with Rate Schedule Project A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateaory Rate for the ENGINEER's team member performing the work. Labor Cateaory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Engineers E-1 E-2 E-3 E-4 E-5 E-6 Architect/Landscape Architect A-3 A-4 Planners P-1 P-2 Designers D-1 D-2 Technicians T-1 T-2 S urveyors S-1 S -2 S-3 S -4 S-5 2-Man Crew (Survey) 2012 Rate ($/hour) $93.00 $105.00 $130.00 $152.00 $186.00 $234.00 $126.00 $141.00 $108.00 $130.00 $84.00 $114.00 $74.00 $99.00 $40.00 $54.00 $71.00 $102.00 $132.00 $167.00 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Labor Category (cont.) 3-Man Crew (Survey) 2-Man Crew (GPS Survey) 3-Man Crew (GPS Survey) Construction Observation C-1 C-2 C-3 Administration X-1 X-2 X-3 I-1 Other Automation/Controls Specialist 2012 Rate ($/hour) $206.00 $188.00 $228.00 $81.00 $112.00 $150.00 $52.00 $70.00 $114.00 $113.00 $177.00 ii. 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. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. 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 Section II - Method of Payment. EXHIDI1 "Beni" Ifi NGIN EJ R INVOICE (Suppffernent to Attachment B) 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 ENGINEFR, 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. 011. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Aviation Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Garver, EEC Engineering and Design Proposed M/WBE SubnConsultants EJES, Inc 1 Engineering and Design Fee Amount $174,000.00 87.4 $19, 520.00 9.8 MasaTek i Site Evaluation Testing $5,480.00 2.8 Non -IV IWBE Consultants i i Project Number & Name I Meacham Airport Improvements TOTAL $199, 000.00 100% Total Foca $199, 000.00 MIWBE Fee $25, 000.00 City M/VVBE Goal = % Consultant Committed Goal = M/WBE % 12.6% EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. 3010 tGuylard Parkway Suite 190 Frisco, TX 75034 TEL 972.377.7480 FAX 972.377.3330 www.G aw@PUSA.corn March 6, 2012 Bill Welstead, A.A.E. Acting Aviation Director City of Fort Worth Aviation 4-201 Main Street Suite 200 Fort Worth, TX 76106 Re: Meacham On -Call Professional Services Proposal for Amendment No. 1 Dear Bill: With this letter, we (Garver, LLC — "Engineer") are pleased to propose our services to you (City of Fort Worth e "Owner") related to On -Call Professional Engineering Services. This letter will describe our proposed scope of services, performance schedule, and payment terms. Scope of Services We understand that you want us to provide services that may include design, bidding and construction phase services. The Engineer's scope of services will be determined on an as -needed basis and include performing professional services when requested in writing by the Owner and agreed to by the Engineer and may include, but not limited to, the tasks listed in Attachment "A" of the original agreement. Payment T gains For the work described under Scope of Services we propose the following changes to the fee amounts. A S 1I On -Call Services WIMPNAP, CONTRACT $99500.00 ! AMENDMENT ¶ {'V!SED NO. 1 CONTRACT $99,500.00 S 199,000.00 We appreciate the opportunity to provide our services to you. Sincerely, GARVER, LLC • Frank Mclllwain Senior Project Manager Cc: Ruseena Johnson, EIT LA2011\11081210 . FTW On-CalaContracts\Client\Amend 1\FTW On Calf Prof Svcs Agrrnni Amendmt 01 Proposal Lir 2012.03-06 doc City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/5/2012 - Ordinance No: 20229-06-2012 ireStaSfea DATE Tuesday, June 05, 2012 LOG NAME: 55AIRPORT IMPROVEMENTS AMENDMENT 1 SUBJECT: Authorize Execution of Amendment 1 to City Secretary Contract No. 41865 with Garver, LLC, in the Amount of $99,500.00, for a Total Cost of $199,000.00, for Small Engineering Projects on an As Needed Basis for Both Meacham and Spinks Airports and Adopt Appropriation Ordinance Decreasing the Available Cash Balance (COUNCIL DISTRICTS 2 and 8) RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: **C-25634 1. Adopt the attached appropriation ordinance increasing appropriations in the Municipal Airports Fund in the amount of $59,000.00 and decreasing the cash balance by the same amount for small engineering projects; and 2. Authorize additional funding for City Secretary Contract No. 41865 with Garver, LLC, in the amount of $99,500.00 over the five year period of the Agreement for Small Engineering Projects on an as needed basis for the Aviation Department. DISCUSSION: Meacham Airport requires professional services for small engineering projects on an as needed basis. On May 24, 2011 (M&C C-24918) the City Council approved a contract in the amount of $99,500.00 with Garver LLC (Garver), for work on small engineering projects in the Aviation Department on an as needed basis for an anticipated five year term. The purpose of this Mayor and Council Communication is to seek additional funding to continue the contract with Garver under the original five year term bringing the project total to $199,000.00. This action is made necessary due to the unanticipated high volume of projects assigned to Garver in this first year of the contract. Garver will continue to assist Staff in the design of small rehabilitation and expansion projects that require airfield and Iandside civil and electrical engineering services including, but not limited to, preparation of project and construction documents, bidding, construction administration and inspection services The firm will also assist Staff with airport planning and pavement assessments, project planning, cost estimating, airport development plan reviews, Part 139 certification documentation and engineering services for emergency repairs of damaged facilities. Actual work undertaken will be by separate and distinct task orders. All expenditures for the project assignments will be made through allocations from the department's operating budget. Garver, LLC, agrees to maintain its initial M/WBE commitment of 13 percent that it made on the original Agreement and extend and maintain that same M/WBE commitment of 13 percent to this first amendment. Therefore, Garver remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized Logname: 55AIRPORT IMPROVEMENTS AMENDMENT 1 Page 1 of 2