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Home My WebLink AboutContract 50090-A2 CSC No.50090-A2 AMENDMENT No.2 TO CITY SECRETARY CONTRACT No. 50090 WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and Associates, Inc. , (ENGINEER) made and entered into City Secretary Contract No . 50090, (the CONTRACT) which was authorized by M&C C-28506 on the 121-11 day of December, 2017 in the amount of $ 650, 000 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $170, 000 . 00 which was authorized by M&C #19-0067 August 20, 2019; and WHEREAS, the CONTRACT involves engineering services for the following project: FY 2018 Safe Routes to School (SRTS) Improvements; and WHEREAS, it has become necessary to execute Amendment No. 2 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 $97, 900. 00. (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 $917, 900. 00. 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect . City of Fort Worth 2018 Safe Roi OFFICIAL RECORD Professional Services Agreement Amendment Template CPN 102403 Revised:July 1,2021 CSCN 50090, CITY SECRETARY Page 1 of 4 FT. WORTH, TX EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager. APPROVED: City of Fort Worth ENGINEER Kimley-Horn and Associates, Inc. bay B�AGu7� Dana Burghdoff( p 1,202 8:59 CDT) Dana Burghdoff Scott R. Arnold, P.E. Assistant City Manager Vice President DATE : Sep 1,2021 DATE : August 16, 2021 APPROVAL RECOMMENDED: Wj(Aug 26,202 07:12 PDT) William 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 . Chad Allen, P.E . , C. F.M. Senior Professional Engineer OFFICIAL RECORD City of Fort Worth 2018 Safe CITY SECRETARY Professional Services Agreement Amendment Template CPN 1024 FT. WORTH TX Revised:July 1,2021 CSCN 500 Page 2 of 4 APPROVED AS TO FORM AND LEGALITY: M&C : N/A BO, Date : DBlack(Sep 1,202111:36 CDT) Douglas W. Black Assistant City Attorney ATTEST: a0*°F�R�'0. 4 i o00 0 �~ oo�� C O0 o a d Ronald P. Gonzales 00° °° *d °000000° cY Acting City Secretary a��EXASoQp OFFICIAL RECORD City of Fort Worth 2018 Safe Rc CITY SECRETARY Professional Services Agreement Amendment Template CPN 102403 Revised:July 1,2021 CSCN 50090, Page 3 of 4 FT. WORTH, TX FUNDING BREAKDOWN SHEET City Secretary No. 50090 Amendment No . 2 Department Fund-Account-Center Amount TPW 34018 0200431 5330500 102403 003830 9999 18010207 $48,950.00 TPW 34018 0200431 5330500 102411 003830 9999 18010207 $48,950.00 Total : $97,900.00 City of Fort Worth 2018 Safe Routes to School Parts 1 and 2 Professional Services Agreement Amendment Template CPN 102403 and CPN 102411 Revised:July 1,2021 CSCN 50090,Amendment 2 Page 4 of 4 Amendment Purpose Statement: This engineering amendment is necessary to provide for additional design services that were performed as part of the final design process.Those services included the evaluation and redesign of dozens of driveways in order to limit the need for Temporary Right-of-Entry(TROE) agreements throughout the project limits. Also, updates to the environmental documents were required because of TOOT expiration dates on some of the reports. Finally,the project design cost is increasing because engineering Construction Phase Services are needed for completion of the project.The Construction Phase Services include attending the preconstruction meetings, conducting bi-weekly project site visits throughout the duration of construction, reviewing material submittals, responding to requests for information, accessibility review and inspection and creation of record drawings.This engineering amendment has been discussed with the Project Sponsor and approved as part of the latest CCR No.4 for the project executed on 7-30-2021. 2018 Safe Routes to School Parts 1 and 2 CPN 102403 and CPN 102411 CSCN 50090,Amendment 2 Kimley>>> Horn August 16, 2021 Chad Allen, P.E. City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Re: CSN 50090 FY 18 Safe Routes to School (SRTS) Improvements Amendment 2 Dear Chad: Kimley-Horn and Associates, Inc. ("ENGINEER") is pleased to submit this amendment letter proposal to the City of Fort Worth ("CITY") for providing additional services including project scoping and prioritization, temporary construction easements, and bid phase services. This amendment covers: • Additional design required to residential driveways with the intention of limiting the amount of right-of-way necessary. • Updating previously completed environmental reports. • TDLR plan review and final inspection. • Construction phase services. Scope of Services Kimley-Horn will provide the services specifically set forth in the attached Attachment A. Schedule We will provide our services within a mutually agreed upon timeframe. Compensation Refer to the attached Attachment B for the Compensation. 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. 1'a By: Scott R. Arnold, P.E. 2018 Safe Routes to School Parts 1 and 2 CPN 102403 and CPN 102411 Vice President CSCN 50090,Amendment 2 kimley-horn.com801 -- - 1300, FORT WORTH. ATTACHMENT "A" Scope for Engineering Design Related Services for Intersection Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of this project is to improve pedestrian mobility and safety at the following school campuses: C.C. Moss Elementary, Daggett Elementary, Daggett Montessori, D. McRae Elementary, M.L. Phillips Elementary, and Monnig Middle School. Work under this agreement includes, but is not limited to, project management, data collection, topographic survey, right- of-way documentation, conceptual design, preliminary and final design, bidding, and construction phase services for pedestrian mobility and safety improvements. WORK TO BE PERFORMED Task 1. Design Management Task 2. GE)RGeptyal DesigH 0 Task 4. Final Design (90% and 100%) Task 6. Construction Phase Services Task :7. ROW/Easement SeFvmees Task 9. Permitting Task 10. 1U aiity GORtF i/ Quality sswFuaRGe City of Fort North,Texas 2018 Safe Routes to School Parts 1 and 2 Attachment A CPN 102403 and CPN 102411 PMO Release Date:07.23.2012 Page 1 of 7 CSCN 50090,Amendment 2 FORT WORTH. TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: • Lead, manage and direct design team activities • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Complete Monthly MWWBE Report Form and Final Summary Payment Report Form at the end of the project ASSUMPTIONS • Project construction phase is anticipated to take nine(9)months,with both projects under construction at the same time. • Ten (10) monthly updates of Project Status Reports, MWBE forms, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes C. Monthly Project Status Reports D. Monthly invoices E. Monthly MWWBE Report Form and Final Summary Payment Report Form City of Fort Worth,Texas 2018 Safe Routes to School Parts 1 and 2 Page 2 of 7 Attachment A CPN 102403 and CPN 102411 PMO Release Date:02.06.2015 Page 2 of 7 CSCN 50090,Amendment 2 FORT WORTH. TASK 2. CONCEPTUAL DESIGN (30 PERCENT). [NOT USED] TASK 3. PRELIMINARY DESIGN (60 PERCENT). [NOT USED] TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Update plans to incorporate changes to driveway designs per the temporary right of entries that the CITY was able to obtain. • Update the Daggett/D McRae plans to address comments received through the Historical Review process. • Prepare for and attend three (3) meetings as part of the Historical Review process. ASSUMPTIONS • None. DELIVERABLES A. As stated in the original contract. TASK 5. BID PHASE SERVICES. [Not Used] TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support • The ENGINEER shall attend up to two (2) preconstruction conferences. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend up to two (2) public meetings to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall attend bi-weekly construction progress meetings during the duration of construction. The ENGINEER will prepare meeting notes with action items and distribute there to the project team. • The ENGINEER shall 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. Such review 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. The ENGINEER shall log and track all shop drawings, samples, and other submittals in BIM 360. City of Fort Worth,Texas 2018 Safe Routes to School Parts 1 and 2 Page 3 of 7 Attachment A CPN 102403 and CPN 102411 PMO Release Date:02.06.2015 Page 3 of 7 CSCN 50090,Amendment 2 FORT WORTH. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGIENER will meet with the Project Delivery Team and Contractor on-site to review any field changes. • The ENGINEER sh'aill a++enr the i=I'I I" 7JG +�lk t hFeug h d TJ+�with preparation ration of final punch list by the CITYdep+EtiRg aRY Gh n e de to the—Friall DFavv Rgs . YFin J the felle .,in..• * As built supze 14e61 line F fla* ins f 81+1 the GE)RtraGte The ENGINEER shall Fnedify the Final DrawiRgS eles+ren'Gall y and shall nlaGe a as Gei%tFu64ed. The stamp shall be sigRed and dated by the ENGINEER and shall be plaECd en eaGh PlaR She8t, Wh8th BF theFe aarFe aRY FavisieRS ORthe sheet ei=-rrvt- EaGh sheet shall GleaFly iRdi6ate all GhaRg8S WhiGh apply t8 that Sheet by GleudiRg and numbering, OF ether suitable means. undesuwnented changes and Gertlfles only that the deGumentei-1 stamped as R868Fd The ENGINEER shall submmt a set of sealed FiRal DlFaWiRgG, modified, and higher-). The ENGINEER may l(eep eapies of the iRfeFmatien pFevided by the CITY fer+heir filed but all original Fed 1iR8d drawiRgG shell he ret irned to the CITY with the digital files The% shall be two (2) sepaFate RDF= files feF the T-RVV plaR set. EaGh PDF= file shall GE)Rta�R all assee+ated sheets ef the parRcurar plaR Set. Si ng uI r�� for eaeh sheet of a plan set will not be RDF= and DVVF= files shaii senferm +e namiRg senVen+ions as fellews• City of Fort Worth,Texas 2018 Safe Routes to School Parts 1 and 2 Page 4 of 7 Attachment A CPN 102403 and CPN 102411 PMO Release Date:02.06.2015 Page 4 of 7 CSCN 50090,Amendment 2 FORT WORTH. I. TPW filename example "Yil-1956 -cer-g47.pd where " -1956" IJ the aSSigR8 d file p mher ehta' e.d frern the CITY, " " desigRatiRg the�s of an Original plan sect " shal�ethetotal number of beets On this file. Example: Vni_nn53_ergj p.df and I,r_n3 EIf PDF files shall he uploaded to the projects 17er•erd Drawing folder in RIBA 360 Cer infeFinatien en the prepeF RqaRRep to submit files anal to ebtain a file number fer the PFOj864, GeRta(A the D eRt ..f Tra�RGP atop n.d P blie WeFl% Vault ac 0 U R18SS the a iate p 86t n mhers anal f Ynrd se.des have been a e.d aR d are OR the DepaFtn9ent of TranspeFtatien and P blie Werks databases ASSUMPTIONS • Two (2) Public Meetings are assumed. • Thirty-six (36) site visits are assumed. Two projects, twice a month, for 9 months. • Eight (8) submittal reviews are assumed. • Twenty-four (24) RFI's are assumed. • Four (4) Change Orders are assumed. DELIVERABLES A. Public meeting exhibits C. Response to Contractor's Request for Information D. Review of Change Orders E. Review of shop drawings C Final R un& Lost itenis City of Fort Worth,Texas 2018 Safe Routes to School Parts 1 and 2 Page 5 of 7 Attachment A CPN 102403 and CPN 102411 PMO Release Date:02.06.2015 Page 5 of 7 CSCN 50090,Amendment 2 FORT WORTH. TASK 7. ROW/EASEMENT SERVICES. [Not Used] TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. [Not Used] TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows 9.1. Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR. • Completing all TDLR forms/applications necessary. • Obtain the Notice of Substantial Compliance from the TDLR. • Request an inspection from a TDLR locally approved Registered Accessibility Specialist (RAS) no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests. • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. 9.2. Environmental Clearance • Update the previously prepared biological resources reports for both projects. ASSUMPTIONS • Two (2) meetings are assumed with the RAS for the final TDLR inspection. DELIVERABLES A. Final inspection report from the RAS for both projects. B. Updated biological resources report for both projects. TASK 10. QUALITY CONTROL /QUALITY ASSURANCE [Not Used] City of Fort Worth,Texas 2018 Safe Routes to School Parts 1 and 2 Page 6 of 7 Attachment A CPN 102403 and CPN 102411 PMO Release Date:02.06.2015 Page 6 of 7 CSCN 50090,Amendment 2 FORT WORTH. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon—be sure to track changes. the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon — be sure to track changes. in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas 2018 Safe Routes to School Parts 1 and 2 Page 7 of 7 Attachment A CPN 102403 and CPN 102411 PMO Release Date:02.06.2015 Page 7 of 7 CSCN 50090,Amendment 2 ATTACHMENT B COMPENSATION Design Services for FY 2018 Safe Routes to School (SRTS) Improvements City Project No. 101264 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A for an amount not to exceed $97,900 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. Labor Category Rate $/hour Project Director $250 Project Manager $210 RPLS $190 Sr. Project Engineer $175 Project Engineer $165 EIT $130 CADD $100 Administrative $100 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%). 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. City of Fort Worth,Texas Attachment B 2018 Safe Routes to School Parts 1 and 2 PMO Official Release Date:8.09.2012 CPN 102403 and CPN 102411 Page 1 of 4 CSCN 50090,Amendment 2 B-1 ATTACHMENT B COMPENSATION 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. City of Fort Worth,Texas 2018 Safe Routes to School Parts 1 and 2 Attachment B PMO Official Release Date:8.09.2012 CPN 102403 and CPN 102411 Page 2 of 4 CSCN 50090,Amendment 2 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Engineering $90,700.00 92.6% Associates, Inc. Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants Cox McLain Environmental Clearance $4,000.00 4.1% Environmental Consulting, Inc. K + K Associates, LLP TDLR Plan Review and $3,200.00 3.3% Inspection TOTAL $97,900.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE 101264 FY 18 SRTS Improvements $97,900.00 $0.00 0.0% City MBE/SBE Goal = 5%% Consultant Committed Goal = 5% City of Fort Worth,Texas 2018 Safe Routes to School Parts 1 and 2 Attachment B CPN 102403 and CPN 102411 PMO Official Release Date:8.09.2012 CSCN 50090,Amendment 2 Page 3 of 4 B-3 @ O 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 M O O 0 0 O O 0 0 0 0 0 0 0 0 0 0 O O O o 0 0 o W O O 0 0 0 0 a a N m A N 7 o ifl N N �/1 ifl N O a W S O N� N W N I� pl {n f0 M T m T w o r w e» as as as as was as as - as as as as as as as was as- � as as as as as w w oa o 0 00 0 0 oa @ 2 o y c 3 o w 0 0 o a E o is m i�, p m_ o o E _ °� @@ U U) m m W V 1�M�1` Q a W 7 m ~ o N a a F w e» as as as as was as as w us as as as as as as was as w ° F m u] w (6 a w w on 0 ED co m o w 4 m m m p _ W D O O Z O � C w w w w w U z 0 0 o U) a � 0 0 0 0 o a E E a C Q c � t6 m w w w as as w w Q ') O W w o 0 0 0 OO m o 0 0 o N O C N ON a N O LO J z Z U C w w w w to as w a U) c�vUU a U, w N m (n N w w w w w a-� = o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y wo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E U o �.i o�.io 0000 00 000 'coo Yf tD Nm O V N Mo�M N O N m rn ' M N '('f Q a N !�N Q N N M Q Of A N N_ a W N- �2 T V N o A M m d R 0 M W EJ C m a a H j o N O O N Q� R Z E w CD E cu ?� > v E NJ 0 N p LL, w U7 > H Z owlm ' Q aI (/� (n tt: =) a F w LV 0 01 O 0 w c pa � s > (n U) V p c N M N N N A N N M cu J H r w y c w m o °.s y s a W 0 p o 0 0 0 � o c R c � w w OD o 0 0 r N O J � N a LL A M N @ �w �A U C a` 0 0 0 n U U N y� w .o a a`o m m is m m � o 0 z � m m � o O O 2 2 N N E U w U N U @ m 3 D m N � 3 = C @ X D F au N L a L D y N a 7 r N F `a p D N'p 1 p C @ ' r J m @ p m w e@@ c c m U 3: y 2 m g c - m c@ a r @ c p c y @ U caa m c oQa C, � ❑�c� LL»a` c�c� " a w N N N N V V V c0 M N�NV ID O]O] ~ v