HomeMy WebLinkAboutContract 53549-A1 5354q
CSC No. -Al
AMENDMENT No.1
TO CITY SECRETARY CONTRACT
WBEREAIS, the City of Fort Worth (CITY) and Kimley-Horn
and Associates, Inc. , . EN�GJNEER) made and entered into City
Secretary Contract No. • (the CONTRACT) which was authorized
by Emergency Memo dated January 27, 2020 in the amount of
$120,000.00; and
WHEREAS, the CONTRACT involves engineering services for
the following project:
Emergency Design for Sanitary Sewer Mains M-182 and M-
191 Crossing I.H. 820 .
WH EREAIS, it has become necessary to execute Amendment
No. 1 to the CONTRACT to include an increased scope of work and
revised fee.
NO`P TBEREFORE, CITY and ENGINEER, acting herein by and
through their duly authorized representatives, enter into the
following agreement, which amends the CONTRACT: {
1
1.
Article I of the CONTRACT is amended to include the
additional engineering services specified in a proposal dated
September 14, 2020, 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 $30,000.00 ,
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 amount of $150,000.00.
3 .
OFFICIAL RECORD
CITY SECRETARY
Page --1- FT.WORTH,TX
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.
APPROVED: ENGINEER
City of Fort Worth Kimley-Horn and Associates, Inc.
Dana Burghdoff(Sfp 22,2 O9:OS CDT
Dana Burghdoff `Glenn A. Gary, P.E.
Assistant City Manager Senior Vice-President
DATE:
Sep 22,2020 DATE: q^/ Z2D
APPROVAL RECOMMENDED:
C*nLliq�ffmweo
Christ opherH rder(Sep 17,202007:443 CDT)
Christopher Harder, P.E.
Director, Water Department
Contract Compliance Manager;
By signing, I acknowledge that I am the person responsible for the
monitoring and administration of this contract, including ensuring
all performance and reporting requirements,
Tony Sholo l a, P.E. M&C:(Attzohad 09/00/20 Suppl—..t to Cner9...y 14-1
I
Assistant Director Date:(Attached 09/09/20 suppl—.nt to E—genoy H—o)
APPROVED AS TO FORM AND LEGALITY: j
Douglas W. Black
Senior Assistant City Attorney
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Mary J. Kayser
Q�a�IlUUo�644 t
City Secretary
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OFFICIAL RECORD
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Page -2- CITY SECRETARY
FT.WORTH,TX
Kimley�>) lore,
September 14,2020
Mr,Tony Sholola, P.E.
Project Manager
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Worth,TX 76102
RE: Sanitary Sewer Mains M-182 and M-191 Crossing 1H 820-Emergency
Atnetrdment No. 1
KHA No. 061018259
City Secretary No. 53549— City Project No. N/A
Dear Tony:
This letter is in reference to a contract between Kimley-Horn and Associates, Inc. (Kimley-Horn) and
the City of Fort Worth(the City)dated 2-18-2020 referred to herein as the"Contract".
Kimley-Horn Is pleased to submit our Amendment No. 1 for the City's Sanitary Sewer Mains M-182 and
M-191 Crossing IH 820 Emergency Project. The fees for this Amendment are not to exceed $30,000,
increasing the total not to exceed fee to$150,000.
This amendment adds construction phase services to the Contract.
Kimley-Horn will continue the services outlined as follows and as directed by the City:
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.
• Prepare and distribute Meeting Notes.
• On-site Observation
• Make up to twelve(6)site visits at intervals as directed by CITY in order to observe
the progress of the work.
• 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
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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.
• Progress Meetings
• Attend monthly progress meetings (up to 6), and visit the site for observation at
that time.
• Shop drawing, samples and other submittals Review
• Review up to fifteen(15) 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, approvals or other action will not extend to means, methods,
techniques, equipment choice and usage, sequences, schedules, or procedures
of construction or to related safely 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.
• Log all shop drawings, samples and other submittals.
• Substitutions
• Evaluate and determine the acceptability of up to ten (5) substitute or"or-equal"
materials proposed by Contractor in accordance with the Contract Documents,but
subject to the provisions of applicable standards of the state or the CITY.
• Request for information (RFI):
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• Provide necessary interpretations and clarifications of contract documents, and
make recommendations as to the acceptability of the work for up to four(4)RFI's.
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.
Change Orders
• Provide support for Change Orders as requested by the CITY. Change Order
support may include review and recommendations to the CITY for the execution
of change orders.
• Final PROJECT Walk Through
• Attend the"Final"PROJECT Part 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.
• 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.
ASSUMPTIONS
15 Shop drawings submittals are assumed.
4 RFI's are assumed.
2 Change Orders are assumed
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
TASK 7. RECORD DRAWINGS.
ENGINEER will provide the following for record drawings and project closeout:
7.1. Record Drawings
f,C�l}aIf ri114(1 1114 11 • • 1
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• The ENGINEER shall prepare Record Drawings from Information provided by the CITY
depicting any changes made to the Final Drawings during construction.The following
information shall be provided by the CITY:
o As-Built Survey
o Red-Line Markups from Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
The ENGINEER shall modify the Final Drawings electronically and shall place a stamp
on the plans Indicating that they represent Record Drawings of the project as
constructed.The stamp shall be signed and dated by the ENGINEER and shall be
placed on each plan sheet,whether there are any revisions on the sheet or not.Each
sheet shall clearly indicate all changes which apply to that sheet by clouding and
numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by others and
represent the as constructed conditions to the extent that documented changes
were provided for recording.The ENGINEER assumes no liability for
undocumented changes and certifies only that the documented changes are
accurately depicted on these drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as
Record Drawings, on mylar for record storage.The ENGINEER may keep copies of the
Information provided by the CITY for their files, but all original red-lined drawings shall be
returned to the CITY with the mylars.
ASSUMPTIONS
• One copy of full size (22"x34")mylars will be delivered to the CITY.
DELIVERABLES
A. Record Drawings on Mylar
B. PDF and DWF Record Drawings tiles will be uploaded to Buzzsaw.
C. GIS shapefiles will be provided to the City in .shp format.
D. Approved Pipe Shop Drawings.
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Page 5
The following table summarizes the fee for this amendment by project phase.
Description Original Amend Revised
Fee No. 1 Contract
Design $89,700 - $89,700
ROW/Easement Services $9,900 - $9,900
Survey and SUE $20,400 - $20,400
Construction Phase Services - $30,000 $30,000
Total Project $120,000 $30,000 $150,000
Water Sewer Total
Original Contract $0 $120,000 $120,000
Amendment No. 1 $0 $30,000 $30,000
Total $0 $150,000 $160,000
Kimley-Horn will perform the construction phase services. The original contract had $10,200 (8.5%)
SBE participation. The total contract SBE participation will remain $10,200(6.8%) for this
amendment.
The following tables summarize our revisions to the SBE percentages:
Original Amend. Revised
Primary Revised
Firm Responsibility Fee No. 1 Fee Fee
Amount Amount Amount
Prime Consultant
Kimley-Horn and Civil $98,950 $30,000 $128,950 86.0%
Assoc., Inc. Engineering/CCA j
SBE Sub-
Consultants
CMJ Engineering, Geotechnical $10,200 $0 $10,200 6.8%
Inc. Engineering
Non-SBE Sub-
Consultants
Yazel Peebles & Survey $10,850 $0 $10,850 7.2%
Associates, Inc.
Total $120,000 $30,000 $160,000
Total Contract
Description Original Revised
Contract Amount $120,000 $150,000
Total Contract SBE $10,200 $10,200
Total Contract SBE 8 5% 6.8%
Percentage
City's SBE Goal I N/A N/A
Attached is the hourly rate schedule for this amendment.
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
f' ;lisp lsriy�(i1 J{<b'!I�t1�1d lel(1 U6/ t�T 7(failiAI-1�PtL0q_.1!f r�EIT"R i.I-1 1
KWepMorn
Kimley-Horn and Associates,Inc.
Standard Rate Schedule
(Hourly Rate)
Senior Professional 1 $250-$275
Senior Professional II $185-$260
Professional $165-$215
Analyst $115-$185
Senior Technical Support $120-$200
Technical Support $75-$105
Support Staff $85-$125
Effective through June 30, 2021
Subject to periodic adjustment thereafter
I
1IN1i-&gyllzid'alC"fo _ a,ta I<�1 Ir�1� ���t��k•nia� •,ICE
INTEROFFICE MEMO
Date: September 8,2020
To: Dana Burghdoff,Assistant City Manager
From: Chris Harder,P.E.,Water Director
Via: Doug Black,Senior Assistant City Attorney
Cynthia Garcia,Assistant Director,Purchasing
Subject: Supplement to January 27, 2020 Memorandum, City Secretary Contract Nos 55419 and
53549 for Emergency Sewer Work and Engineering Design for Sanitary Sewer Mains M-
182 and M-191 Crossing I.H. 820-Emergency Response,
On January 16,2020,Water Field Operations responded to two sanitary sewer overflows(SSOs)on M-191
which(along with M-181)cross underneath East Loop 820 near Richardson Street.Follow up investigation
revealed that both mains are severely deteriorated,which has significantly reduced capacity and hence the
overflow.Bypass pumping of the affected mains resolved the SSO,but remains on-going.To immediately
address this situation, Circle C Construction was engaged to repair the mains (CSC 55419: $880,000.00)
and Kimley-Horn and Associates,was engaged to provide the necessary design(CSC 53549:$120,000.00).
The initial design provided for boring across East Loop 820 without the need for permanent easements from
private property. However, due to conflict with existing storm drain structures on the west side of the
freeway easements must be obtained from two properly owners.Easement acquisition has taken long than
anticipated but should be resolved soon with construction to commence shortly after.Additional design and
construction effort beyond the original scope are necessary to repair the sewer main and place it back in
service.
This memo is submitted to request authorization for emergency procurement service as outlined above at a
total cost of approximately$160,000.00 ($130,000.00 for construction and $30,000.00 for design). The
complete failure of bother sewer mains will have dire environmental consequences and raw wastewater
must be prevented from flowing into a stream that feeds Lance Arlington.
A change order and an amendment will be processed to the existing contracts with Circle C Construction
and Kimley-Horn and Associates,respectively,and actual costs will be reconciled at the and of the project.
APPROVED FOR EMERGENCY PROCUREMENT:
cl r�Harar
Recommended: ChiBeephrt Raidet rscp e,2010 M59 c°1)
Chris Harder,P.E.,Director,Water Department
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Approved as to form and Legality: °wi pq$.I#"IDn CDT) �
Douglas
W.Black,Sr.Assistant City Attorney
Approve:
Cynthia Garcia,Assistant Director,Purchasing
Dana surand�f
Approve: Wn.WeJotl ep e,Tat°11.56 CDT)
Dana Burghdoff,Assistant City Manager
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