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HomeMy WebLinkAboutContract 51434-A1 CSC No.51434-Al i AMENDMENT No.1 TO CITY SECRETARY CONTRACT VIVHEI[t(M-6, the City of Fort Worth (CITY) and Kimley-Horn and Associates, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 51434, (the CONTRACT) which was authorized by M&C C- 28838 on the llth of September, 2018 in the amount of $400 ,000 . 00; and VJHIC EML , the CONTRACT involves engineering services for the following project: f Farm to Market Road 156 from United States Route 81/287 to Watauga Road Water Improvements; and WHE RblC 6, it has become necessary to execute Amendment No. 1 to the CONTRACT to include an increased scope of work and revised fee. 1'TOW MICI[$,IEFORIC, 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 the proposal attached hereto and incorporated herein. The cost to City for the additional professional services to be performed by Engineer total $90,000 . 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 $490, 000. 00 . 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY Page -1- FT. WORTH, TX EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: ENGINEER City of Fort Worth Kimley-Horn and Associates, Inc. baru�BuruluJoa Dana Burghdoff( r9,202 8� Dana Burghdoff Glenn A. Gary, P.E. Assistant City Manager Senior Vice President DATE: Mar 9,2021 DATE: 10,2 7-a(�� APPROVAL RECOMMENDED: Cl�ifto.�hg tf&de,k Christopher H rder(Mar9,202107:43 CST) Chris Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY: 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. Joh Kasavich, P.E. Project Manager S&Z-vi Mack(Mar9,282118:14 CST) Douglas W. Black Senior Assistant City Attorney �A//77//T��TEl//S/�/-T'[(�T:,(,/�J�/� ��p// F�R tad d� 1. Mary J. Kayser ,v0 d City Secretary *°°°° 0 0 00 *� Form 1295 No. :2020-668681 �EXA`�a�p M&C No. : 20-0767 M&C Date: October 20, 2020 OFFICIAL RECORD CITY SECRETARY Page -2- FT. WORTH, TX K9 m I l y September 10, 2020 Mr. John Kasavich, P.E. Project Manager City of Fort Worth Water Department 1000 Throckmorton Street Fort Worth, TX 76102 RE: FM 156 From US 811287 to Watauga Road Water Improvements Amendment No. 1 KHA No. 061018227 City Secretary No. 51434—City Project No. 101682 Dear John: 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 10-22-2018 referred to herein as the"Contract". Kimley-Horn is pleased to submit our Amendment No. 1 for the City's FM 156 From US 81/287 to Watauga Road Water Improvements Project.The fees for this Amendment are not to exceed $90,000, increasing the total not to exceed fee to $490,000. This engineering agreement is partially eligible for TxDOT reimbursement. This amendment adds construction phase services to the Contract. The water line construction is anticipated to end in October 2021. Kimley-Horn will continue the services outlined as follows and as directed by the City: TASK 6. CONSTRUCTION PHASE SERVICES EEE 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 six(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, .y � �' Pays 2 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 fumish and perform its work in accordance with the Contract Documents. • Progress Meetings • Attend up to twenty (20) biweekly TxDOT progress meetings and visit the site for observation at that time. i • Attend up to ten (10)CITY construction progress meetings. f • Shop drawing, samples and other submittals Review • Review up to ten (10) 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. l • Such review, approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction orto 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. • Log all shop drawings, samples and other submittals. • Substitutions • Evaluate and determine the acceptability of up to ten (10) 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. ;jh 11 ;i'si l Ali 1-)ii+ :1I.Cherry- redt, Unft 11,Sufte 1300,.lFt.Worth,TX 76102 Kimley)Horn age • Request for information (RFI): • Provide necessary interpretations and clarifications of contract documents, and make recommendations as to the acceptability of the work for up to two (2) 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 Part 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. 6.2 Record Drawings • 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 tz4iitl`�f l[�ll�i4>�°lRe,[' 8010 0 Worth, 0 Kam_ . - Kimley',>>Horn 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. • Record Drawings shall also be submitted in both Adobe Acrobat PDF format(version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF flies shall conform to naming conventions as follows: I. TPW file name example—"W-1956_rec47.pdf"where"W-1956"is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set,1147"shall be the total number of sheets in this file. Example: W-0053_rec3.pdf and K-0320 org5.pdf II. Water and Sewer file name example-11X-35667_rec36.pdf" where "X-35667" is the assigned file number obtained from the CITY, "_rec"designating the file is of a record drawing plan set,1136"shall be the total number of sheets in this file. Example: X-12755_rec18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • Two (2) RFI's are assumed. • Two (2) Change Orders are assumed • One copy of full size (22"x34") mylars will be delivered to the CITY. 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 F. Record Drawings on Mylar I 801 Cherry Street,Unit 11,Suite 1300, i o r n Page 5 The following table summarizes the fee for this amendment by project phase: Original Amend Revised Description Fee No. 1 Contract Design Management $25,200 - $25,200 Conceptual Design $17,600 - $17,600 Preliminary Design $139,700 - $139,700 Final Design $88,700 - $88,700 Bid Phase Services $18,500 - $18,500 ROW/Easement Services $27,200 - $27,200 Survey and SUE $60,700 - $60,700 Permitting Services $22,400 - $22,400 Construction Phase Services - $90,000 $90,000 Total Project $400,000 $90,000 $490,000 Water Sewer Total Original Contract $400,000 $0 $400,000 Amendment No. 1 $90,000 $0 $90,000 Total $490,000 $0 $490,000 Kimley-Horn will perform the construction phase services. During the project design the SBE participation was revised to $127,192.00 (31.8%). The total contract SBE participation will remain $127,192.00 (26%)for this amendment. The following tables summarize our revisions to the SBE percentages: ?,,,wu 8010 1 Ft.Worth,.TX76102 5 >>Horn Page Original Scope Amend. Revised Revised Firm Primary Fee Mod.Fee No. 2 Fee Fee Responsibility Amount Amount Amount Amount Prime Consultant Kimley-Horn and Civil $230,756 $42,052 $90,000 $362,808 74.0% Assoc., Inc. Engineering/CCA SBE Sub- Consultants V&A Consulting Cathodic $19,138 $0 $0 $19,138 3.9% Engineers, Inc. Protection CMJ Engineering, Geotechnical $43,000 ($9,248) $0 $33,752 6.9% Inc. Engineering Gorrondona & Survey and $53,426 ($974) $0 $52,452 10.7% Assoc., Inc. Easements The Rios Group Subsurface Utility $21,550 ($11,900) $0 $9,650 2.0% Engineering JQ Infrastructure, Structural $0 $12,200 $0 $12,200 2.5% LLC Engineering Non-SBE Sub- Consultants Bennett Trenchless Trenchless $32,130 Engineers Engineering ($32,130) $0 $0 0% TOTAL $400,000 $0 $90,000 $490,000 100% Total Contract Description Original Revised Contract Amount $400,000 $490,000 Total Contract $137,114 $127,192 SBE Total Contract 34.3% 26.0% SBE Percentage City's SBE Goal 10.0% 10.0% Attached is the hourly rate schedule for this amendment. i i I ��.iIN �I�Il�;i ;: !!_fi _a4& t Page 7 I 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 1`2� Glenn A. Gary, P.E. Sr. Vice President GAG:cpi K:TTW UU1tes1081018189-FW NTE SEG 4-38-IN WATERIPPPIPOST NTP1Ammendment-2WTE Amendment 2 Summary LU.doc , l'i�l 41 It+Ei) f 1 11Worth, �I �Kifi1(111ey%>�, Horn 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 4 i I I I i I I City of Fort Worth, `texas Mayor and council Communication DATE: Tuesday, October 20, 2020 REFERENCE NO.: **M&C 20-0767 LOG NAME: 60FM156-CIRCLEC-KHA SUBJECT: (CD 2 and CD 7)Authorize Execution of Amendment No. 1 in the Amount of$90,000.00 to an Engineering Agreement with Kimley-Horn and Associates, Inc. for Farm to Market Road 156 from United States Route 81/287 to Watauga Road Water Improvements, Authorize Execution of a Contract with William J. Schultz, Inc. dba Circle C Construction Company, in the Amount of$2,746,775.00 for the Farm to Market Road 156 from United States Route 81/287 to Watauga Road Water Improvements, Provide for Project Costs for a Project Total in the Amount of$3,266,525.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No. 1 to City Secretary Contract No. 51434, an engineering agreement with Kimley-Horn and Associates, Inc., in the amount of$90,000.00 for construction support services for the Farm to Market Road 156 from United States Route 81/287 to Watauga Roac Water Improvements project for a revised contract amount of$490,000.00; 2. Authorize the execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company in the amount of$2,746,775.00 for the Farm to Market Road 156 from United States Route 81/287 to Watauga Road Water Improvements project; 3. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future debt for the Farm to Market Road 156 from US 81/287 to Watauga Road Water Improvements project; and 4. Adopt the attached Appropriation Ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in the amount of$3,266,525.00 in the Farm to Market Road 156 from United States Route 81/287 Water Improvements project(City Project No. 101682) and decreasing appropriations in the Unspecified project(City Project No. UNSPEC) by the same amount. DISCUSSION: On September 11, 2018 Mayor and Council Communication (M&C C-28838), the City Council authorized ar engineering agreement with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 51434), in the amount of$400,000.00 for the design of Farm to Market Road (FM)156 from United States Route (US) 81/287 to Watauga Road Water Improvements project. As part of Amendment No. 1, the engineer will perform construction support services including shop drawings and submittal reviews, change order review and site inspections. The Texas Department of Transportation (TXDOT) proposes to reconstruct and widen FM 156 (Blue Mound Road)from US 81/287 to Watauga Road. This project has also been identified and specifically listed in Mobility 2040: Metropolitan Transportation Plan for North Central Texas, developed by North Central Texas Council of Governments (NCTCOG). Due to conflicts with the proposed roadway and drainage construction water main relocations or vaulUstructure adjustments necessary along the FM 156 corridor at the following crossings: Heritage Trace Parkway,Copper Crossing Drive, Harmon Road, and E. Bailey Boswell Road, Basswood Boulevard and Western Center Boulevard. Construction of the project was advertised for bid on July 30, 2020 and August 6, 2020 in the Fort Worth Star-Telegram. On September 3, 2020 the following bids were received. BIDDER AMOUNT TIME OF COMPLETION William J. Schultz Inc. dba Circle C Construction F2,746,775.00�F280 Calendar Days Company M-Co Construction $2,850,393.00 Mountain Cascade of Texas, LLC $2,867,969.00 Wilson Contractor Services, LLC $3,099,570.60 j Jackson Construction, LLC $3,789,555.00 In addition to the contract cost, $292,411.00 is required for project management, inspection and material testing and $137,339.00 is provided for project contingency. This project is anticipated to be included in a future revenue bond issue for the Water& Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP)will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water& Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately 2.3 percen annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term f financing source, another funding source will be required, which could mean issuance of securities under th j CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached reimbursement resolution. I The City Council approved the Water Department's Fiscal Year 2020-2024 Five Year Capital Improvement Plan on September 17, 2019. This City Council approved plan includes this specific project, with funding identified through the CP program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, staff anticipates presenting revenue-supported debt issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of this resolution does not obligate the City tc sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. Appropriations for the FM 156 from US 81/287 to Watauga Road Water Improvements are as depicted below. Esisting Additional Fund Appropriations Appropriations Project Total* rFuSn Capital Project 2019— $g10,000.00F $0.00 $810, d 56016 000.00 W&S Commercial Paper— $0.00 $3,266,525.00 $3,266, Fund 56019 525.00 Project Total $810,000.00 $3,266,525.00 $4,076,525.00 a *Numbers rounded for presentation. This project will have no impact on the Water Department's operating budget when completed. M/WBE OFFICE: William J. Schultz, Inc. dba Circle C Construction Company is in compliance with the City' BIDE Ordinance by committing to zero percent MBE participation and documenting good faith effort. Willian J. Schultz, Inc. dba Circle C Construction Company identified several subcontracting and supplier II I opportunities. However, the firms contacted in the areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this project is seven percent. M/WBE OFFICE: Kimley-Horn Associates—A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the OBD, in accordance with the M/WBE or BIDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. The project is located in COUNCIL DISTRICTS 2 and 7. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the FM15( WL Relocation project. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO _ _ _ lFul-D-e-p-a-rim-- ent Account! Project Programcti Budget Reference# amount; ID ID Year (Chartfield 2) FROM _ fFund Department Accoun Project lProgratctivify� Budget Reference# moun] ID ID Year Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: John Kasavich (8480) ATTACHMENTS 1. 60FM156 CircleC Compliance.pdf (CFW Internal) 2. 60FM156 CircleC SAM.pdf (CM Internal) 3. 60FM156 KHA SAM.pdf (Public) 4. 60FM156-CircleC 1295.pdf (CM Internal) 5. 60FM 1 56-Ci rcleC KHA Resolution.pdf (Public) 6. 60FM156-CircleC-KHA FID Table.pdf (Public) 7. 60FM156-CircleC-KHA Funds Available.docx (CM Internal) 8. 60FM156-CIRCLEC-KHA 56019 A021(R4).docx (Public) 9. 60FM156-CircleC-Mappdf (Public) 10. 60FM156-KHA 1295.pdf (CFW Internal) 11. 60FM156-KHA Waiver.pdf (CM Internal) 0 TTM A A W W N W W W W W W W m m m m m m m m m m OO O O O O OO 0 0 0 0 A W W A A W A W A W W 000 0 0 0 0 0 O O Oil W W W Ln N W W N H W W In F+ W -1 J y N F+ W A W A A 1� 0 0 0 0 0 0 0 0 F+ W W 1--` F+ In O O O In O O O O r F+ 0 0 !-- F+ O 0 0 �--� C 0 0 0 0 0 0 0 0 O z F3 I, P- I-- I--H I-- F+ "' _ 1--co w co {n N N N N N 00 N N N N m C1 0 0 0 0 0 0 0 0 O O O O O O O O r-. rrrrrN r V V V V V V V V w w w WWWW w to A A 0 0 0 0 0 lD w w w w w w %D N N w w w W lD LD lD w O O lD lD lD w w w w w N N lD lD lD l0 lD lD l0 1p F-+ i-� I LT Vf W W w VT Vf N A W V r J O V m rn , Dn FA-+ N N O to pO O O O O O O 0 0 � oo � :�EDoo - 1 c N N m on nri IC o_ -4 w �{ n r- m '! �+ -V0 v Z � a v � o n o o � w n II i Sign In Horne Legislation Calendar City Council Departments n rl ' :+Shire RSS Alerts Details Reports File #: M&C 20-0767 Version: 1 Name: Type: Award of Contract Consent Status: Passed File created: 10/15/2020 In control: CITY COUNCIL On agenda: 10/20/2020 Final action: 10/20/2020 (CD 2 and CD 7) Authorize Execution of Amendment No. 1 in the Amount of $90,000.00 to an Engineering Agreement with I<imley-Horn and Associates, Inc. for Farm to Market Road 156 from United States Route 81/287 to Watauga Road Water Improvements, Authorize Execution of a Contract with William J. Schultz, Inc. dba Title: Circle C Construction Company, in the Amount of$2,746,775.00 for the Farm to Market Road 156 from United States Route 81/287 to Watauga Road Water Improvements, Provide for Project Costs for a Project Total in the Amount of $3,266,525.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance 1. M&C 20-0767, 2. 60FM156-CircleC-KHA FID Table.pdf, 3. 60FM156 KHA SAM.pdf, Attachments: 4. 60FM156-CircleC KHA Resolution.pdf, 5. 60FM156-CircleC-Map.pdf, 6. 60FM156- CIRCLEC-KHA 56019 AO21(R4)pdf i History(1) Text 1 record Group Export Date Ver. Action By Action Result Action Details Meeting Details Video 10/20/2020 1 CITY COUNCIL Approved Action details Meeting details Not available I it