HomeMy WebLinkAboutContract 42858-A1AMENDMENT No . 1
TO CITY SECRETARY CONTRACT
WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn
and Associates, Inc., (ENGINEER) made and entered Into City
Secretary Contract No. 42858, (the CONTRACT) which was
authorized by WIC C-25417 on the 24th day of January, 2012 in
the amount of $320, 000 . 00; and
WHEREAS, the CONTRACT involves engineering services for
the following project:
Design Oversight and Project Management Services on
North Tarrant Express Projects IH-820 from IHt=35 to
Southwestern Railroad, and DART Railroad Crossing.
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 engineering services specified in a proposal dated
May 24, 2013, a copy of which is attached hereto and
incorporated herein. The cost to City for the additional design
services to be performed by Engineer totals $:172,000.00.
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 anount of $492,000OO.
OFFICIAL RECORD',
CITY SECRETARY I,
1'30RTH, TX
RECEIVED AUS 27 2013
All other provisions
expressly amended herein,
effect.
of the Contract, which are not
shall remain in full force and
EXECUTED and EFFECTIVE as of the date last written by a
signatory, below.
AP PROVED :
City of Fort Worth
Fernando Costa
Assistant City Manager
DATE:
RECOMMENDED:
r �����'l� / demo
4 v - -
S. Frank Crumb, P.E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY:
TVIA•tk,1/2 -lc
--Douglas W
Ri =r.k
ENGINEER
Kiml y- H rn and Associates, Inc.,
3
Glenn Gary, P.E.
Senior Vice -President
DATE:
fri t theite f7. /Pre fp—
Assistant City Attorney
ATTEST:
K
City Secretary
4 d1Ot2t
�
M&C: C-26361
Date: July 23, 2013
OFFICIAL RECORD
MI11'M SECRETARY
Ft WORT1p TX
P wg I
Kim ley -Horn
and Associates, Inc.
May 24, 2013
Mr. John Kasavich
Project Manager
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, TX 76102
Re: Design Oversight and Project Management Services on North Tarrant
Express Projects IH-820 from IH-35 to Southwestern Railroad and Dart
Railroad Crossing
Amendment No. 1
KHA No. 061018101
Dear John'
Kimley-Horn and Associates, Inc. is pleased to submit our Amendment No. 1 for
the City s North Tarrant Express Project (IH-820). The fees for this amendment
are not to exceed $172,000.
The following table summarizes our recommended budget revisions and shows
the revised contract amount:
Description
Pre -Engineering
Conceptual Engineering
Preliminary Construction
Plans
Final Construction Plans
Pre -Construction Services
Construction Phase Services
Total Project
Original
Fee
$0
$20,000
$0
Amend
No. 1
$0
Revised
Contract
$0
$0 $20,000
$0 $0
$0 $0 $0
$0 $0 $0
t
$300,000 $172,000 $472,000
$320,000 $172,000 $492,000
Kimley-Horn will subcontract a portion of these services to Lamb -Star
Engineering, LLP, an M/WBE subconsultant. The amount we will be
1
TEL 817 335 8511
FAX 817 335 5070
Sidle 950
801 Cherry Street, Unit 11
Fort Worth, Terns
76102
KimleyHorn
and Associates, Inc.
Mr. John Kasavich, May 24, 2013, Page 2
subcontracting is $I 15,300. This represents an M/WBE participation percentage
of 67.0% for these additional services. With these Additional Services, our
revised contract amount will be $492,000. This will revise our total contract
M/WBE participation to $248,600 (50.5%)
The water and sewer design fees are as follows:
Original Contract
Amendment 1
Water Sanitary Sewer
$ 160,000 $ 160,000
$ 86,000 $ 86,000
Total Project $ 246,000 $ 246,000
,11,1,E II Iiiilli
Total
$ 320,000
$ 172,000
$ 492,000
We appreciate the opportunity to be of continued service to the City. Please
contact us if we need to provide any further information.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Texas Registration No. F-928
C
Glenn A. Gary F.E.
Si. Vice President
GAG:rdo
\WT\YFPOI\Data\Project FIV_Utilitiee106101 60901PPP\Amendment•2013\NrE Amendment I MWBE Ltr.doc
KimleyHorn
and Associates, Inc.
May 24, 2013
Suite 950
801 Cherry Street, Unit 11
Fort Worth, Texas
Mr. John Kasavich 78102
Project Manager
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, TX 76102
Re: Design Oversight and Project Management Services on North Tarrant
Express Projects IH-820 from IH-35 to Southwestern Railroad and Dart
Railroad Crossing
Amendment No. 1
KI-IA No. 061018101
Dear John:
Kimley-Horn and Associates, Inc. has attached the additional scope of services
for Amendment No. 1 of the City's North Tarrant Express (NTE) Project in
Attachment A.
The fees for this amendment as stated in Attachment B, is not to exceed
$172,000, increasing the total not to exceed fee to $492,000.
We appreciate the opportunity to be of continued service to the City. Please
contact us if we need to provide any further information.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Texas Registration No. F-928
Glenn A. Gary, P.E.
Sr Vice President
GAG:rdo
Attachments:
1WWEP01\DnUV'rojrct1FRY_Utilitie006 1018090VPPPUmendment-2011WTE Arncmdment Isix
4
TEL 817 335 6511
FAX 817 335 5070
ATTACHMENT "A"
Amendment 1
Scope for Engineering and Project Management Related Services for the
North Tarrant Express Projects (IH-820)
General Scope of Services
The ENGINEER will perform its services as an amendment to the Contract Titled DESIGN
OVERSIGHT AND PROJECT MANAGEMENT SERVICES ON NORTH TARRANT
EXPRESS PROJECTS IH-820 FROM IH-35 to SOUTHWESTERN RAILROAD AND DART
RAILROAD CROSSING dated February 6, 2012 pursuant to the requirements delineated
with this attachment.
OBJECTIVE
The objective of this PROJECT is for the ENGINEER to provide the CITY with program
management related services associated with the North Tarrant Express Segment 1 (IH-
820) Project.
WORK TO BE PERFORMED
TASK 1. PROGRAM MANAGEMENT SERVICES
1.1 Project Meetings: Attend meetings as directed by the CITY with CITY, project
stakeholders, contractors, other consultants, and/or citizens
1.2 Plan Reviews: Review engineering plans provided by contractor or other
engineers and provide CITY with comments and recommendations.
1.3 Coordination: Coordinate with CITY, project stakeholders, contractors, other
consultants, and / or citizens regarding various engineering issues along the NTE
corridor.
1.4 Construction Support Services: Provide Professional construction phase services
for construction of the proposed project for the purpose of providing assistance to
CITY during construction. The CITY will provide construction management
services and inspection for the project. This scope of services does not include
construction phase services related to inspections or testing, applications for
payment, or determination of substantial completion and are considered
Additional Services. The following services will be performed for the construction
contract:
A. Preconstruction Meeting:
1. Attend preconstruction conference as required.
B. On -site Observation:
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 03/25/2013)
PAGE 1 OF 3
1. Provide on -site construction observation services during the
construction phase.
2. Make visits as directed by CITY in order to observe the progress of
the Work.
3. Such visits and observations by ENGINEER are not intended to be
exhaustive or to extend to every aspect of Contractor's work in
progress. Observations are to be limited to spot checking, selective
measurement, and similar methods of general observation of the
Work based on ENGINEER'S exercise of professional judgment.
Based on information obtained during such visits and such
observations, ENGINEER will evaluate whether Contractor's work is
generally proceeding in accordance with the Contract Documents,
and ENGINEER will keep CITY informed of the general progress of
the Work.
The purpose of ENGINEER'S site visits will be to enable ENGINEER to
better carry out the duties and responsibilities specifically assigned in this
Agreement to ENGINEER, and to provide CITY a greater degree of
confidence that the completed Work will conform in general to the Contract
Documents. ENGINEER shall not, during such visits or as a result of such
observations of Contractor's work in progress supervise, direct or have
control over Contractor's work, nor shall ENGINEER have authority over or
responsibility for the means, methods, techniques, equipment choice and
usage, sequences, schedules, or procedures of construction selected by
Contractor, for safety precautions and programs incident to Contractor's
work, nor for any failure of Contractor to comply with laws and regulations
applicable to Contractor's furnishing and performing the Work.
Accordingly, ENGINEER neither guarantees the performance of any
Contractor nor assumes responsibility for any Contractor s failure to furnish
and perform its work in accordance with the Contract Documents.
C. Progress Meetings: Attend bi-weekly (2 per month for a period of 6 months)
progress meetings.
D. Shop drawing, samples and other submittals Review:
1. 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.
2. Such review, approvals or other action will not extend to means,
methods, techniques, equipment choice and usage, sequences,
schedules, or procedures of construction or to related safety
precautions and programs and 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.
3. Log all shop drawings, samples and other submittals.
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 03/25/2013)
PAGE2OF3
E. Substitutions:
1. Evaluate and determine the acceptability of up to three (3)
substitute or "or -equal" materials and equipment proposed by
Contractor in accordance with the Contract Documents, but subject
to the provisions of applicable standards of the state or the CITY.
F. Request for information (RFD):
1. Provide necessary interpretations and clarifications of contract
documents and make recommendations as to the acceptability of
the work. ENGINEER will respond to reasonable and appropriate
Contractor requests for information and issue necessary
clarifications and interpretations of the Contract Documents to CITY
as appropriate to the orderly completion of Contractor's work. Any
orders authorizing variations from the Contract Documents will be
made by CITY.
G. Change Orders: (NOT USED)
H. Final Project Walk Through:
1. Attend the "Final" project walk through and assist with preparation
of final punch list. Attend final site visit to determine if the completed
Work of Contractor is generally in accordance with the Contract
Documents.
2. ENGINEER shall not be responsible for the acts or omissions of
any Contractor, or of any of their subcontractors, suppliers, or of
any other individual or entity performing or furnishing the Work
ENGINEER shall not have the authority or responsibility to stop the
work of any Contractor.
1.5 Invoices: Prepare monthly invoices to Bluebonnet Contractors, LLC for
Reimbursement of CITY S Indirect Costs. Accounting information shall be
provided to the ENGINEER by the CITY.
1.6 Perform Designs as directed by the CITY.
1.7 Other Services as directed by the CITY.
ATTACHMENT "A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 03/25/2013)
PAGE 3 OF 3
ATTACHMENT "B"
Compensation
I. Professional Engineering Services
For all additional professional engineering services included as described in ATTACHMENT "A," the
CITY agrees to pay the ENGINEER on a cost plus maximum basis. The total amount of the contract
will not be exceeded without a modification to this agreement. Recommend budgets are as follows:
Task 1 — Program Management Services $ 172,000
TOTAL for this Amendment to be paid to the ENGINEER will not exceed $ 172,000
Original Contract Amount $ 320,000
TOTAL Compensation to be paid to the ENGINEER will not exceed $ 492,000
II. Basis for Compensation
The CITY will compensate the ENGINEER for the various items listed above on a reimbursable basis,
where the total contract amount may not be exceeded without an amendment. Labor fee included in the
amendment will be billed at multiplier of 3.35 times the salary cost. Direct reimbursable expenses such
as express delivery services, fees, air travel, subconsultant expenses, printing and other direct expenses
will be billed at 1.10 times cost. Other expenses such as in-house duplicating, Local mileage, telephone
calls facsimiles, postage, word processing and technical use of computers shall be included as part of
the labor rate multiplier. Administrative time related to the project may be billed hourly. All
permitting, application, and similar project fees that are not identified specifically in the scope of
services shall be paid directly by the CITY.
Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred
The ENGINEER will provide backup to the invoice that is a breakdown of the fees based on task and
CITY department. Payment will be due within 25 days of your receipt of the invoice.
EXHIBIT "B-1"
M/WBE Summary
Engineering and Project Management Related Services for the
North Tarrant Express Projects (I11-820)
Amendment 1
Task Description
Task 1 — Program Management Services
Total Project
Fee
$ 172,000
$ 172,000
M/WBE Subconsultant Services
Lamb -Star Engineering, LP
Total
Total Contract
Description
Total Contract Amount
Contract M/WBE
Total M/WBE Percentage
Original Contract
$320,000
$ 1 80,000
56.3%
MWBE (%)
$ 115,300
$ 115,300
Construction Observation
Amendment 1
$492,000
$248,600
50.5%
(67.0%)
Fee
$ 115,300
$ 115,300
This attachment is provided for informational purposes only to show the projected plan to meet the
M/WBE goal of 40% for this amendment. The actual dollars paid by the ENGINEER to M/WBE
subconsultants may vary for each task as well as for each subconsultant. The subconsultants listed are
those intended for use on this project, but the actual subconsultants used may vary.
EXHIBIT "B-2"
Profession Services Fee Summary — Amendment 1
Engineering and Project Management Related Services for the
North Tarrant Express Projects (IH-820)
A. SUMMARY OF TOTAL FEE
Service Description
Engineering Services
Survey Fee
Total Fee
Water
$86,000
$0
$86,000
B. BREAKDOWN OF WATER AND SEWER FEES
(Less Survey Fees)
Sewer
$86,000
$0
$86,000
1. Total Water Fee (less Survey Fees) Breakdown by Concept, Preliminary and Final Design
a. Concept (30%)
b. Preliminary (60%)
c. Final (10%)
(Total Water Fee - Survey Fees) x (0.3)
(Total Water Fee - Survey Fees) x (0.6)
(Total Water Fee - Survey Fees) x (0.1)
2. Total Sewer Fee (less Survey Fees) Breakdown by Concept, Preliminary and Final Design
a. Concept (30%)
b. Preliminary (60%)
c. Final (10%)
(Total Sewer Fee - Survey Fees) x (0.3)
(Total Sewer Fee - Survey Fees) x (0.6)
(Total Sewer Fee - Survey Fees) x (0.1)
Total
$172,000
$0
$172,000
$25,800
$51,600
$8,600
$86,000
S25,800
$51,600
$8,600
$86,000
Task
Task 1- Program Management Services
Hours
Fee
P8
30
$6,800
EXHIBIT "B-3"
Summary of Total Project Fees - Amendment 1
Labor Hours/ Subconsultant
P6-P7 P4-P5 A2 Labor Fee KHA Expenses Expenses
60 240 15 345
$10,600 $26,100 $1,200 $44,700 $470 $115,300
10% Sub Fee Total Fee
$11,530 $172,000
ATTACHMENT "C"
Amendments to Standard Agreement
No modifications to the Standard Agreement were necessary for this project.
ATTACHMENT "D"
Schedule
The anticipated completion of the NTE Segment 1 water and sanitary sewer relocations is October
2013. The ENGINEER will provide our services within a reasonable length of time as expeditiously as
practicable Upon receiving a work request from the CITY with a request for a schedule, the
ENGINEER will prepare a schedule outlining the time required to complete the work request.
M&C Review
Page 1 of 2
UNCIL .'.G NDA
Official site of the City of Fort Worth, Texas
FORT WOasitires-
RTt!
COUNCIL ACTION: Approved on 7/23/2013
DATE: 7/23/2013 REFERENCE NO,: **C-26361 LOG NAME: 6ONTEA1-KHA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 42858, an
Engineering Agreement with Kimley-Horn and Associates, Inc., in the Amount of
$172,000 00 for a Total Contract in the Amount of $492,000.00 for Design Oversight
and Project Management Services on North Tarrant Express Projects IH-820 from IH-
35 to Southwestern Railroad and DART Railroad Crossing (COUNCIL DISTRICTS 2
and 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 1 to City
Secretary Contract No. 42858, an Engineering Agreement with Kimsey -Horn and Associates Inc.,
in the amount of $172,000.00 for design oversight and project management services on North
Tarrant Express Projects IH-820 from IH-35 to Southwestern Railroad and DART Railroad
Crossing, thereby, increasing the contract in the amount of $492 000 00.
DISCUSSION:
On January 24, 2012, (M&C C-25417) the City Council authorized an Engineering Agreement with
Kimley-Horn and Associates, Inc., in the amount of $320,000.00 for design oversight and project
management services for North Tarrant Express.
The addition of a new bridge and highway interchange at Riverside Drive and IH-820 to the
North Tarrant Express (NTE) Projects by North Tarrant Express Mobility Partners, created
additional conflicts with existing City water and sanitary sewer mains that require relocation. It is
necessary to execute Amendment No. 1 to provide compensation for the necessary additional
services including project management, design/as-built plan reviews coordination meetings,
shop drawing reviews and construction inspection for the increased NTE project scope.
Kimley-Horn and Associates, Inc proposes to provide the additional services for a lump sum fee
in the amount of $172,000.00. Staff considers this fee to be fair and reasonable for the scope of
services provided.
M/WBE Office - Kimley-Horn and Associates, Inc , agrees to maintain its initial M/WBE
commitment of 40 percent that it made on the original Agreement and extend and maintain that
same M/WBE commitment of 40 percent to this first amendment. Therefore Kimley-Horn and
Associates, Inc., 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 representative of its company.
This project is located in COUNCIL DISTRICTS 2 and 4, Mapsco 49C, 49G, 49H, 50E and 51E.
FISCAL INFORMATION/CERTIFICATION:
http://Www. t brt:vorthgov.orglcouncil_packet mc_review.asp?1ll=18648&councildate=7/23/... 8/9/2013
M&C Review Page 2 of 2
The Financial Management Services Director certifies that funds are available in the current
capital budgets as appropriated, of the Water Capital Projects Fund and the Sewer Capital
Projects Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
P265 531200 602170179931
$25,800.00
P265 531200 602170179932 $51,600.00
P265 531200 602170179933 $8,600.00
P275 531200 702170179931 $25,800.00
P275 531200 702170179932 $51,600.00
P275 531200 702170179933 $8,600.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Deuartment Head: S. Frank Crumb (8207)
Additional Information Contact: John R. Kasavich (8480)
ATTACHMENTS
60NTEA1-KHA MAP.odf
h`tp:// Aiw.w.fortworthgov.orgicourncii_packei/mc_review.asp?Ill=18648&councildate=7/23/... 8/9/2013