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HomeMy WebLinkAboutContract 51189-A1 CSC No.51189-A1 AMENDMENT No.1 TO CITY SECRETARY CONTRACT No. 51189 WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and Associates, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 51189, (the CONTRACT) which was authorized by M&C C-28764 on the 26th day of June, 2018 in the amount of $ 432, 000; and WHEREAS, the CONTRACT involves engineering services for the following project: NW Loop 820 and Marine Creek Parkway Intersection Improvements Task Order Contract; 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 engineering services specified in proposal attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $700,000. (See Attached Funding Breakdown Sheet, Page -4-) 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 $1,132,000. 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. City of Fort Worth Professional Services Agreement Amendment Template OFFICIAL RECORD Revised:March 9,2020 Page 1 of 4 CITY SECRETARY FT.WORTH,TX APPROVED: City of Fort Worth ENGINEER Kimley-Horn and Associates, Inc. �16f�Gt�AGLA�O� Dana Burghdoff(J 22,20211 :30 CST) Dana Burghdoff, AICP Scott R. Arnold Assistant City Manager Vice President DATE: Jan 22, 2021 DATE: January 12, 2021 APPROVAL RECOMMENDED: William Johnso (Jan 21,202114:24 CST) William M. Johnson Director, Transportation & Public Works 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 . Derek A.White,PHD,PE(Jan 20,202110:25 CST) Derek A. White, PhD, PE Senior Project Manager City of Fort Worth Professional Services Agreement Amendment Template OFFICIAL RECORD Revised:March 9,2020 Page 2 of CITY SECRETARY FT.WORTH,TX APPROVED AS TO FORM AND LEGALITY: M&C: 20-0954 Decor, Date: 12/15/2020 Mack(Jan 22,202117:29 CST) Douglas W. Black Assistant City Attorney ATTEST: oaq�FORr��� ,CY �0000000QoAjOa� 7 f P. ,+or Ronald onzalas ij.o 00 for Ronald P.Gonzales(Jan 25,202109:48 CST) 000, °_0 0 O 0 Mary J. Kayser p�>fo o�c�d City Secretary daEXA`�a�d City of Fort Worth Professional Services Agreement Amendment Template OFFICIAL RECORD Revised:March 9,2020 Page 3 of 4 CITY SECRETARY FT.WORTH,TX FUNDING BREAKDOWN SHEET City Secretary No. 51189 Amendment No. 1 Department Fund-Account-Center Amount TPW $700, 000 . 00 Total : $700, 000 . 00 City of Fort Worth Professional Services Agreement Amendment Template Revised:March 9,2020 Page 4 of 4 Kimley))) Horn June 2, 2020 Lissette Acevedo, P.E., PTOE, PMP Transportation and Public Works City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Re: Amendment#1 —2018 Bond Intersection Project- NW Loop 820 and Marine Creek Parkway Intersection Improvements City Project No. 101585 City Secretary Contract No. 51189 Dear Lissette: Kimley-Horn and Associates, Inc. ("Kimley-Horn"or"Consultant") is pleased to submit Amendment#1 in the amount of $700,000 to the City of Fort Worth (City) for the Task Order design contract (CSN 51189)for NW Loop 820 and Marine Creek Parkway Intersection Improvements. This amendment is to cover additional services beyond the original scope, such as: • Adding a separated u-turn for eastbound movements and adding trail on the east side of Marine Creek Parkway. The project will be designed and constructed in two phases. • Preparing TxDOT Schematic Additional project management tasks • Additional meetings with TxDOT and LOSA documentation • AFA Coordination and LGPPP Documentation for design and construction • TxDOT Environmental Documentation for two phases • Traffic analysis • Preparing plans for two separate phases • Bidding and Construction for two phases A detailed scope of services for the additional services will be included in separate Task Order Authorizations. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: Dana Shumard, P.E. Project Manager ATTACHMENT B COMPENSATION Design Services for NW Loop 820 and Marine Creek Parkway Intersection Improvements Task Order Contract City Project No. 101585 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated in an hourly, not-to-exceed amount up to $700,000 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 Category Rate for the ENGINEER's team member performing the work. Labor Category 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. overhead, and profit. Labor Category Rate $/hour Project Director $230 -$250 Project Manager $195 -$210 Sr. Project Engineer $165 -$185 Registered Professional Land Surveyor(RPLS) $175 -$190 Project Engineer/ Professional $150 -$165 EIT $115 -$130 CADD Designer $120 -$150 CADD Tech $100 -$115 Project Accountant $150 -$170 Administrative $85 - $100 Intern $70 - $80 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%). ATTACHMENT B COMPENSATION 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. 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 ENGINEER, 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. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Engineering Services $519,900 74.3% Associates, Inc. Proposed MBE/SBE Sub-Consultants The Rios Group, Inc. Subsurface Utility Engineering $40,000 5.7% Carrillo Engineering, Engineering Services $66,500 9.5% LLC. Non-MBE/SBE Consultants CoxJMcLain Environmental Documentation $70,000 10.0% Environmental Consulting Inc. Accessology Too. LLC TDLR Review and Inspections $3,600 0.5% TOTAL $700,000 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE �o CPN 101585— NW Loop 820 at Marine Creek Intersection Improvements $700,000 $106,500 15.2% Amendment 1 City MBE/SBE Goal =15% Consultant Committed Goal = 15% 1/15/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 12/15/2020 REFERENCE**M&C 20- LOG 20NW LOOP 820 & MARINE CREEK NO.: 0954 NAME: PKWY ENG AMEND NO 1 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 2) Revise Scope of NW Loop 820 at Marine Creek Parkway 2018 Bond Program, Authorize Execution of Amendment Number 1, in the Amount Not to Exceed $700,000.00, to the Professional Engineering Services Agreement with Kimley-Horn and Associates, Inc. for Design of the Revised Scope of the NW Loop 820 at Marine Creek Parkway Intersection Improvements for a Revised Contract Amount of$1,132,000.00, and Amend the FY2021-2025 Capital Improvement Program (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Revise the scope of the NW Loop 820 and Marine Creek Parkway Intersection Improvements project (City Project No. 101585) within the 2018 Bond Program to construct a U-Turn for eastbound traffic and a hike and bike trail; 2. Authorize execution of Amendment Number 1, in an amount not to exceed $700,000.00, to City Secretary Contract Number 51189, with Kimley-Horn and Associates, Inc., for additional engineering services related to the revised project scope; and 3. Amend the FY2021-2025 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to take actions to revise the scope of the Marine Creek Parkway Intersection Improvements project from that which was described in the 2018 Bond book. The process consists of three steps: re-scope the Marine Creek Parkway Intersection Improvements project to reflect the change in scope, execute Amendment No. 1 to the Professional Engineering Services Agreement to provide engineering services for the amended scope, and amend the FY 2021-2025 Capital Improvement Program. The 2018 Bond Program, approved by the voters, included funding for a project for Marine Creek Parkway Intersection at IH-820. The Bond booklet that was distributed prior to the election described this specific project as: improve intersection capacity and enhance operational flexiblity by reversing left turn lanes. Kimley-Horn was awarded a task order contract No. 51189 (M&C C-28764) on June 26, 2018 by the City Council. The original contract was to design the approved 2018 bond project scope to improve intersection capacity and enhance operational flexibility by reversing left turn lanes. However, after submitting conceptual plans to the Texas Department of Transportation (TxDOT), receiving input at the public meeting, and performing additional traffic analysis, it was determined that designing and constructing a U-Turn for eastbound traffic would provide significant relief to the intersection and that this improvement could be delivered sooner as phase one of the project while the reverse left turn lane would become phase two which has a longer delivery time frame due to TxDOT environmental clearance requirements. In addition to the U-Turn, a pedestrian and bike trail has been added to the scope to facilitate coordination and construction with an existing project managed by the Park and Recreation Department (PARD). Staff recommends the project be re-scoped to include the U-Turn and trail improvements as the first phase of the ultimate buildout of traffic improvements at the intersection. In adopting this recommendation, the City Council would be finding that the revised scope of the project- consisting of the changes described above - is within the voted purpose of the bonds as approved by the voters at the 2018 bond election. apps.cfwnet.org/council_packet/mc_review.asp?I D=28523&councildate=12/15/2020 1/3 1/15/2021 M&C Review Kimley-Horn is currently working on the preliminary design to deliver the U-Turn and the pedestrian trail as phase one under the Texas Department of Transportation's (TxDOT) Local On-System Improvement Project (LOSA) agreement approved by City Council on August 4, 2020 (M&C 20-0501). For phase two of the project, staff will be pursuing federal participation to construct median improvements which will require the execution of an Advance Funding Agreement (AFA)with TxDOT. The goal of Amendment No. 1 is to design phase 1 and phase 2 which both require significant coordination with TxDOT that were not anticipated in the original contract but will contribute to the completion of this project. Kimley-Horn proposes to complete the additional work for a fee not-to-exceed $700,000.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. The following table summarizes services for the project. Summary of Engineering Services for Contract No. 51189 Total Contract Description Amount Contract M&C No. Amount Professional Engineering Awarded Contract Services for $432,000.00 $432,000.00 M&C C- Original 2018 28764 Bond Scope Professional Engineering Amendment No. 1 Services for $700,000.00 $1,132,000.00 This Revised M&C 2018 Bond Scope Kimley-Horn is in compliance with the City's BDE Ordinance by committing to 15.200 SBE participation on this project. The City's SBE goal on this project is 15.0\%. The total project budget estimate for constructing phase one and phase two is approximately, $2.2M and $3.4M, respectively, for a total project estimate of$5.6M. The following table demonstrates the funding history for the project: Appropriation Fund Project Total Amount F 2018 Bond Program - $1,800,000.00 $1,800,000.00 34018 2007 Critical Capital $1 196,851.90 $1,196,851.90 Projects - 39001 ' Project Total: $2,996,851.90 Funding for phase one was included in the FY2021-2025 Capital Improvement Program in an approximate amount of$3.OM. An estimated federal amount of$3.4M will be requested to complete the physical construction of the phase two. The action in this M&C will amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program Fund for the NW Loop 820 & Marine Creek Parkway project apps.cfwnet.org/council_packet/mc_review.asp?ID=28523&councildate=12/15/2020 2/3 1/15/2021 M&C Review to support the approval of the above recommendation and execution of the amendment for the professional services agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount I ID I ID I + Year(Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monty Hall (8662) Lissette Acevedo (2722) ATTACHMENTS 820&MCP-LocationMap.pgf apps.cfwnet.org/council_packet/mc_review.asp?ID=28523&councildate=12/15/2020 3/3