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AMENDMENT N®. i
TO CITY SECRETARY CONTRACT
W11l1:litE , the City of Fort Worth (CITY) and Kim1 ey-Horn and
Associates, inc., (ENGINEER) made and entered into City Secretary
Contract No. 43959, (the CONTRACT) which was authorized by M&C C 25942 on the 23rd day of October, 2012 in the amount of
$698,700.00; and
WHEREAS, the CONTRACT involves engineering services for the
following project:
Design Oversight and Project Management Services on North
Tarrant 14xpress Segment 3A, Interstate 35W from Interstate
820 to Tnterstate 30.
WHIAREAS, it has become necessary to execute Amendment No.1
to the CONTRACT to include revised scope of work at no additional
fee.
NOW THEREFORE, FORE, 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
September 4, 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 $0.00, (This amendment
provides for revised work scope only)
2.
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
RECEIVED SEP 19 1015
Page -1
OFFICIAL REGORD
rnY sgcaETA
L lip,,
EXECUTED and EFFECTIVE
signatory, below.
APPROVED:
City of Fort Worth
Fernando Costa
Assistant City Manager
DATE: 548/
APPROAL RECO �
NDED:/.
�
Crumb, P.E.
Director, for Water Department
S. Frank
as of the da
te last written by
ENGINEER
e -•Horn anC,s sociates ,
O.
Kimi y
Glenn Gary, P •
E.
Senior Vice -President
DATE:
APPROVED AS TO FORM AND LEGALITY:
itkivc\m,\AN din � I�
Eicetterkersaith -Fri-at* t ‘t4. nmc set IT
Assistant City Attorney
ATTEST:
City Secretary
M&C : N/A
Date: N/A
OFFICIAL RECORD:
CITY SECRETARY
FtWORTH,TX
Kimley-Horn
and Associates, Inc.
September 4, 2013
Mr. John Kasavich
Project Manager
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, TX 76102
Re: City of Fort Worth -North Tarrant Express Segment 3A — Amendment No. 1
Scope of Services and Budget Modification
KHA No. 061018113
City Project No. 02011
Dear John:
The City of Fort Worth (CITY) has requested Kimley-Horn and Associates, Inc.
(ENGINEER) to perform construction phase (Resident Project Representative)
services for the Western Center Boulevard Water Line Improvements and the
North Tarrant Express Segment 3B Utility Relocations. Kimley-Horn will
perform the work outlined as follows'
Task 9 Construction Phase Services -(Resident Project Representative)
Perform 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.
General.
• 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.
■
a
TEL 017 335 8511
FAX 817 335 5070
Suds 950
801 Cherry Street, Unit 11
Fort Worth, Texas
76102
Kimley-Hom
and Associates, Inc.
Mr. John Kasavich, September 4, 2013, Page 2
RPR shall generally communicate with CITY with the knowledge of
the ENGINEER.
Conferences and Meetings.
■ Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project -
related meetings, and prepare andcirculate 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 CIT Y additional details or information,
when required for proper execution of the Work.
4. Interpretation 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
S. 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 ENGINEER. 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 in 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 in progress will not produce 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
Kimley-Hom
and Associates, Inc,
Mr. John Kasavich, September 4, 2013, Page 3
believes should be corrected or rejected or 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.
• Observe, record, and report to CITY and ENGINEER appropriate
details relative to the test procedures.
■ Accompany visiting inspectors representing public or other agencies
having jurisdiction over a Specific Project, record the results of these
inspections, and report to CITY and ENGINEER.
9. Records
• 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.
• 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 Drawing 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.
Kimley-Horn
and Associates, Inc.
Mr. John Kasavich, September 4, 2013, Page 4
11. Payment Request.
■ Review Applications for Payment with CITY for compliance with
the established procedure for their submission if requested by CITY;
noting particularly 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.
■ Observe whether all items on the final list have been completed or
corrected and make recommendations to Consultant concerning
acceptance and issuance of the Notice of Acceptability of the Work.
Resident Project 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.
■ 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 control 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
CIYT 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 Contractors 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
Kimley-Hom
and Associates, Inc.
Mr. John Kasavich, September 4, 2013, Page 5
nor assumes responsibility for any Contractor's failure to furnish and perform its
work in accordance with the Contract Documents.
Budget Modifications
Based on conversations NTI and the City it appears NTI will be designing the
utility relocations for the NTE Segment 3A. Therefore, Task 7 Supplemental
Design will not be utilize as intended. Knowing this it provides the City an
opportunity utilize the Task 7 budget to increase the Task 5 budget and fund the
Task 9 budget without increasing the overall contract budget. 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
Italics identifies modified budgets
MJWBE Subconsultant
Lamb -Star Engineering, L.P.
Total
Original
Budget
$ 197,800
$ 148,600
$ 10,000
$ 36,400
$ 40,000
$ 19,200
$ 196,700
$ 50,000
$ 0
$ 698,700
Services
Construction Phase Services
(Resident Project Representative)
Modified
Budget
$ 197,800
$ 148,600
$ 10,000
$ 36,400
$ 60,000
$ 19,200
$ 89,700
$ 50,000
$ 87,000
$ 698,700
Fee
$87,000
$87,000
M/WBE Subconsultant Modification Detail
Task 9 Construction Phase Services -(Resident Project Representative):
NTE Segment 3B $ 43,500 Lamb -Star
Western Center Boulevard $ 43.500 Lamb -Star
$ 87,000 Total
With the budget modification, our total contract M/WBE participation is
projected to be $87,000 (12.4%). This meets our MJWBE goal of 10%.
Kimley-Horn
and Associates, Inc.
Mr. John Kasavich, September 4, 2013, Page 6
If in agreement with the budget modification please sign below and return a copy
of this letter.
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:IPT W_Util itiea1061018I 13\P PP\E udget-Change\NTE3 A• Eudget-Mod-Ltr. doc