HomeMy WebLinkAboutContract 43959-A2 (2)Wilithi R] 9
AWINDMENT No. 2
TO CITY SECRITITARY CONTRACT
the City of .t'o r t Worth (CITY) and Ki ml ey=Horn
CITV OEc_,f .
CONTRACT.10„2/"Intitiq-' 111-74,
and Associates, Inc., (ENGINE R) made and entered into City
Sec r n t a ry Contract No. 43959, (the CONTRACT) which was
authorized by M&C C=25942 on the 23rd day of October, 2012 in
the amount of $ 6 9 8, 7 0 0. 0 0; and
H
_ BAS, the CONTRACT was subsequently revised by:
Amendment
Number 1 in the amount of $OO which was
administratively authorized on September 15, 2 0 1 3 ; and
WHER A -'! 9 the CONTRACT involves engineering services for
the following project:
Design oversight and Project Management Services on
North Tarrant Express. Segment 3A, Interstate 35W from
Interstate 820 to Interstate 30.
WHEREAS, it has become necessary to execute Amendment
No. 2 to the CONTRACT to include an increased scope of work
and revised fee.
NO YMMI )ItEP»1' `'.E, CITY and ENGINEER, acting herein by and
through their duly authorized rep roson L tives , enter into the
following agreement, which amends the CONTRACT:
1
krtic i e I of the CONTRACT is mended to include the
additional engineering services specified in a. proposal dated
July 3, 2014, 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 $49,700.00.
2
Article II of the CONTRACT is amended to provide for an
increase in the fee to be paid to » ng ineer 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 748 , 400 . 00 .
Page Al
RECEIVED jai
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All other provisions of the Contract, which are not
exp res sly amended herein, shall remain in full force and
effect .
EXECUTED and 1FFEC IVE as of the date last written by a
signatory, below.
APPROVED:
City of Fort Worth
71444444410
Fernando Costa
Assistant City Manager
DATFI :
APPROVAL REDO
ED:
1
So Frank C rumb , P.E.
.Director, Water )Jepartm
APPROV D AS TO FORM AND LEGALITY:
Douglas W. Black
Assistant City Attorney
ATTEST:
Mary J' . payser
City Secretary
ENGINEER
Kimley=Dorn and Associates, Inc.,
Glenn Gary, P.E.
Senior Vice' President
:
M&C: N/A
Date: N/A
OFFICIAL RECORD::
tf' ETARY
Page =2
O
Iey>» or
July 3, 2014
Mr. John Kasavich
Project Manager
City of Fort Worth Water Depai tinent
1000 Throckmorton Street
Fort Worth, TX 76102
Suite 950
801 Cherry Street, Unit 11
Fort Worth, Texas
76102-6803
Re: City of Fort Worth -North Tarrant Express Segment 3A — Amendment No. 2
Scope of Services and Budget Modification
KHA No. 061018113
City Project No. 02011
City Secretary Contract No. 43959
Dear John•
The City of Fort Worth (CITY) has requested Kimley-Horn and Associates, Inc.
(ENGINEER) to continue construction phase (Resident Project Representative)
services for the North Tarrant Express Segment 3B Utility Relocations at the
intersection of Western Center Blvd. The CITY has also requested assistance
with Construction Support Services along Segment 3A at the Meacham Blvd and
NE 28il Street intersections. Kimley-Horn will perform the work outlined as
follows:
Task 5 - Construction Support Services
As outline in the original contract the ENGINEER will perform construction
support services for the utility relocation for the North Tarrant Express Segment
3A project near the following intersections:
• I-35W and Meacham Blvd.
• I-35W and NE 28t11 Street
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, disagreements between the
CITY and the Contractor, or determination of substantial completion. The
following services will be performed•
A. Preconstruction Meeting:
1. Attend a preconstruction conference for one (1) relocation project.
Mr. John Kasavich, July 3, 2014, Page 2
2. Prepare and Distribute Meeting Notes.
B. On -site Observation
1. Make Site visits at intervals as directed by CITY in accordance with a
six (6) month construction period in order to observe the progress of
the Work.
2. Such visits and observations by FR,NGINEER 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.
3. The purpose of ENGINEER'S site visits will be to enable ENGINEER
to better carry out the duties and responsibilities specifically assigned
m 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
ENGINEFR 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 woik, nor for
any failure of Contractor to comply with laws and regulations
applicable to Contractor's furnishing and perfoxumlg the Work.
Accordingly, ENGINEER neither guarantees the perfoiuiance of any
Contractor nor assumes responsibility for any Contractor s failure to
furnish and perform its woik in accordance with the Contract
Documents.
C. Progress Meetings: Attend progress meetings based on a six (6) month
construction period and visit the site for observation at that time.
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
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Mr. John Kasavich, July 3, 2014, Page 3
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.
E Substitutions:
1. Evaluate and determine the acceptability of up to three (3) substitute
or "or -equal" materials proposed by Contractoi in accordance with the
Contract Documents, but subject to the provisions of applicable
standards of the state or the CITY.
F. Request for information (RFI):
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. Final Project Walk Through:
1. Attend the "Final ' project walk through and assist with preparation of
final punch list. Attend One (1) 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
2. Record Drawings
A. The Developer will prepare Record Drawings for this project.
3. Deliverables
A. Progress Meeting Agendas and Notes
B. Responses to Contractor's Requests for Information
C. Review comments of shop drawings
Iey»> rn
Mr. John Kasavich, July 3, 2014, Page 4
Task 9 Construction Phase Services -(Resident Project Representative)
As outlined in Amendment No. 1 The ENGINEER will continue to peiform
Resident Project Representative ("RPR") services for the utility relocations for
the North Tarrant Express Segment 3B project.
The construction phase services which include:
Resident Project Representative. Consultant's role as Resident Project
Representative will include furnishing a Resident Project Representative ("RPR")
to assist CITY in observing progress and quality of the Work.
The duties and responsibilities of the RPR are limited to those of ENGINEER in
the Agreement with the CITY and in the Contract Documents, and are further
limited and described as follows:
1. Genei al.
• RPR is CITY agent at the Site, will act as directed by and under the
supervision of CITY, and will confer with ENGINEER regarding
RPR's actions.
• RPR's dealings in matters pertaining to a Contractor's work in
progress shall in general be with CITY and Contractor, keeping
ENGINEER advised as necessary.
• RPR's dealings with subcontractors shall only be through or with the
full knowledge and approval of Contractor.
• RPR shall generally communicate with CITY with the knowledge of
the ENGINEER.
2. Co**, ences and Meetings.
■ Attend meetings with Contractor such as preconstruction
conferences, progress meetings, job conferences and other project -
related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison.
■ Serve as CITY's liaison with Contractor, working principally
through Contractor's superintendent and assist in providing
information regarding the intent of the Contract Documents.
® Assist in obtaining from CITY additional details or information,
when required for proper execution of the Work.
4. Interpi etation of Contract Documents.
® Report to CITY and ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to
Contractor clarifications and interpretations as issued by CITY or
ENGINEER
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Mr. John Kasavich, July 3, 2014, Page 5
5. Shop Drawings and Submittals
® Advise Consultant and Contractor of the commencement of any
portion of the Work requiring a Shop Drawing or submittal for which
RPR believes that the submittal has not been approved by
Consultant.
6. Modifications.
® Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report such suggestions, together
with RPR's recommendations, to CITY and I-4NGINEER. Transmit to
Contractor in writing decisions as issued by Consultant.
7. Review of Work and Rejection of Defective Work
• Conduct on -Site observations of Contractor's work m progress to
assist CITY in determining if the Work is in general proceeding in
accordance with the Contract Documents.
® Report to CITY and ENGINEER whenever RPR believes that any
part of Contractor's work m pi ogress will not pi oduce a completed
project that conforms generally to the Contract Documents or will
imperil the integrity of the design concept of the completed Specific
Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the requirements
of any inspection, test or approval required to be made; and advise
CITY and ENGINEER of that part of work in progress that RPR
believes should be corrected or rejected o1 should be uncovered for
observation, or requires special testing, inspection or approval.
8. Inspections, and Tests
® Consult with CITY and ENGINEER in advance of scheduled major
inspections, and tests of important phases of the Work.
a Observe, record, and report to CITY and ENGINEER appropriate
details relative to the test procedures.
a Accompany visiting inspectors representing public or other agencies
having jurisdiction over a Specific Pi oject, record the results of these
inspections, and report to CITY and ENGINEER
9. Recoi ds
® Maintain orderly files for correspondence, reports of job
conferences, reproductions of original Contract Documents including
all Addenda, Change Orders, Field Orders, additional Drawings
issued subsequent to the execution of the Contract, ENGINEER's
clarifications and interpretations of the Contract Documents,
progress reports, Shop Drawing and submittals received from and
delivered to Contractor and other Specific Project -related
documents.
Iey»> or
■
■
Mr. John Kasavich, July 3, 2014, Page 6
Prepare a daily report or keep a diary or log book, recording
Contractor s hours on the Site, weather conditions, data relative to
questions of Change Orders, Field Orders, or changed conditions,
Site visitors, daily activities, decisions, observations in general, and
specific observations in more detail as in the case of observing test
procedures; and send copies to CITY and ENGINEER.
Record names, addresses, fax numbers, e-mail addresses, web site
locations and telephone numbers of all Contractors, subcontractors,
and major suppliers of materials and equipment.
Maintain records for use in preparing project documentation.
Upon completion of the Work, furnish original set of all RPR
Specific Project documentation to CITY and ENGINEER.
10. Reports
■ Furnish to CITY and ENGINEER periodic reports, as required, of
progress of the Work and of Contractor's compliance with the
progress schedule and schedule of Shop Di awing and submittals.
■ Draft and recommend to CITY and ENGINEER proposed Change
Orders and Field Orders. Obtain backup material from Contractor.
■ Furnish to CITY and ENGINEER copies of all inspection, test, and
system startup reports.
■ Immediately notify CITY of the occurrence of any Site accidents,
emergencies, acts of God endangering the Work, damage to property
by fire or other causes, or the discovery of any Constituent of
Concern.
11. Payment Request.
■ Review Applications for Payment with CITY for compliance with
the established procedure for their submission if requested by CITY;
noting particulai ly the relationship of the payment requested to the
Work completed
12. Completion
■ Participate in a final inspection in the company of CITY and
ENGINEER, and Contractor and prepare a final list of items to be
completed and deficiencies to be remedied.
■ Obseive whether all items on the final list have been completed or
erected and make recommendations to Consultant concerning
acceptance and issuance of the Notice of Acceptability of the Work.
Resident Pi oject Representative shall not:
■ Authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or -equal' items).
■ Exceed limitations of ENGINEER's authority as set forth in the
Agreement or the Contract Documents.
rn
Mr. John Kasavich, July 3, 2014, Page 7
Undertake any of the responsibilities of a Contractor, subcontractors,
suppliers, or a Contractor's superintendent.
Advise on, issue directions relative to, or assume control over any aspect
of the means, methods, techniques, sequences or procedures of the
Contractor's work unless such advice or directions are specifically
required by the Contract Documents.
Advise on, issue directions regarding, or assume contiol over safety
practices, precautions and programs in connection with the activities or
operations of CITY and ENGINEER.
Participate in specialized field or laboratory tests or inspections
conducted off -site by others except as specifically authorized by CITY or
ENGINEER.
Accept Shop Drawings or submittals from anyone other than Contractor.
Through such observations of Contractor's work in progress and field checks of
materials and equipment by the RPR, ENGINEER shall endeavor to provide
CITY a greater degree of confidence that the completed Work will conform in
general to the Contract Documents. However, 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 pi ograms incident to
Conti actor'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.
Iey>)) orn
Budget Modifications
Mr. John Kasavich, July 3, 2014, Page 8
Program Management budget will be moved to Construction Support Services to
assist the City with monitoring NTF4 Segment 3A construction at Meacham Blvd.
and NE 2811' Street.
Construction Phase Services (RPR) for NTE Segment 3B at Western Center
Blvd. will be added to the original contract via this amendment. See budget
modification details in the follow table:
Description
Task 1- Program Management
Task 2 - Conflict Analysis along I-35W
Task 3 - Director Communication
Task 4 - Design Analysis
Task 5 - Construction Support Services
Task 6 - Utility Assembly (UA) Review
Task 7 - Supplemental Design
Task 8 - Water and Sanitary Sewer Design
Criteria
Task 9 - Construction Phase Services
(Resident Project Representative)
Total
Original
Budget
$ 197,800
$ 148,600
$ 10,000
$ 36,400
$ 40,000
$ 19,200
$ 196,700
$ 50,000
$ 0
$ 698,700
Italics identifies modified budgets
Work Phase Breakdown
Work Type
Water
31-Concept (30%)
32-Preliminary (60%)
33-Final (10%)
51-Survey
Sewer
31-Concept (30%)
32-Preliminary (60%)
33-Final (10%)
51-Survey
Total
Amend Amend
No 1 No 2
$ 0 ($ 46,000)
$ 0
$ 0
$ 0
$ 20,000
$ 0
($107,000)
$ 0
$ 87,000
Revised
Budget
$ 151,800
$ 0 $ 148,600
$ 0 $ 10,000
$ 0 $ 36,400
$ 46,000 $ 106,000
$ 0 $ 19,200
$ 0 $ 89,700
$ 0 $
50,000
$ 49,700 $ 136,700
Remaining
Budget
$ 106,895
$ 131,512
$ 10,000
$ 36,400
$ 67,807
$ 19,200
$ 58,747
$ 38,137
$ 10,618
$ 0 $ 49,700 I $ 748,400 $ 479,316
Cost Breakdown
$103,260
$206,520
$34,420
$30,000
$103,260
$206,520
$34,420
$30,000
$748,400
Iey»)'- or
M/WBE Subconsultant
Lamb -Star Engineering, L P
Total
Mr. John Kasavich, July 3, 2014, Page 9
Services
Construction Phase Services
(Resident Project Representative)
Fee
$45,200
$45,200
With the budget modification, our total contract M/WBE participation is
projected to be $ 206,200 (27.5%). This meets our M/WBE goal of 10%.
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.
Glenn A. Gary, P E
Senior Vice President
JRA:jra
K:\FTW_Utilities\ 061018113\PPP\Amendment #2\NTE3A-Budget-Mod-Ltr-Amend-2-v4.doc