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HomeMy WebLinkAboutContract 46451-A4 CSC No.46451-A4 AMENDMENT No.4 TO CITY SECRETARY CONTRACT No. 46451 WHEREAS, the City of Fort Worth (CITY) and Bridgefarmer and Associates, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 46451, (the CONTRACT) which was authorized by M&C C-27147 on the 61:h day of January, 2015 in the amount of $ 1, 010, 105 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $340, 040 . 00 which was authorized by M&C C-23818 on March 7, 2017, and Amendment Number 2 in the amount of $556, 250 . 00 which was authorized by M&C C-28622 on March 20, 2018, and Amendment Number 3 in the amount of $180, 870 . 00 which was authorized by M&C 20-0502 on August 4, 2020; and WHEREAS, the CONTRACT involves engineering services for the following project : City Project No. CO2505 Design of McCart Avenue from Risinger Road to Twinleaf Drive and McPherson Boulevard from West Cleburne Road to McCart Avenue; and WHEREAS, it has become necessary to execute Amendment No. 4 to the CONTRACT to include an increased scope of work and revised fee . (See Attachment A and B) 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 $98, 770 . 00 . (See Attachment A & B and Attached Funding Breakdown Sheet, Page -4-) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas McCart Avenue/McPherson Boulevard Prof Services Agreement Amendment Template CPN CO2505 Revision Date: August 23, 2021 Page 1 of 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 $2, 186, 035 . 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, Texas McCart Avenue/McPherson Boulevard Prof Services Agreement Amendment Template CPN CO2505 Revision Date: August 23, 2021 Page 2 of 4 EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager. APPROVED: City of Fort Worth ENGINEER Bridgefarmer and Asso c tes, Inc. bay B�AGcy� Dana Burghdo (146v 9,202 2:57 CST) Dana Burghdoff, AICP M. Mansoor Ahsan, P. E. Assistant City Manager Chief Executive Officer DATE : Nov 9, 2021 DATE : APPROVAL RECOMMENDED: William Johnson Director, Transportation and 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 . Leon Wilson, Jr, P.E . Senior Professional Engineer APPROVED AS TO FORM AND LEGALITY: M&C: N/A W-A Date : N/A Mack(Nov 9,202112:35 CST) Douglas W. Black Assistant City Attorney a'* FORT��� 00000000 0 ATTEST: P"o ° °y� �° °o°T�F� SEX Asap Ronald P. Gonzales OFFICIAL RECORD Acting City Secretary CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas McCart Avenue/McPherson Boulevard Prof Services Agreement Amendment Template CPN CO2505 Revision Date: August 23, 2021 Page 3 of 4 FUNDING BREAKDOWN SHEET City Secretary No. 46451 Amendment No . 4 Department Fund-Account-Center Amount TPW 34014-0200431-5330500-0O2330-2016-14010199 $98, 770 . 00 Total : $98, 770 . 00 City of Fort Worth, Texas McCart Avenue/McPherson Boulevard Prof Services Agreement Amendment Template CPN CO2505 Revision Date: August 23, 2021 Page 4 of 4 ATTACHMENT "A" Scope for Engineering Design Related Services for Street Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing Final Design (100%) for 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 additional work included as part of this amendment includes plan revisions to accommodate adjacent developments for a police station and library,plan revisions to reflect modifications to the City MTP, and easement revisions to reflect platting done by an adjacent developer for the Cohix tract. Services to be provided for this project Amendment are as described below. WORK TO BE PERFORMED Task 4. Final Design Task 7. ROW/ Easement Services TASK 4. FINAL DESIGN (100 PERCENT) CONSTRUCTION DOCUMENTS. 4.1 ENGINEER will revise construction plans to accommodate driveways proposed for adjacent developments, and to incorporate recent changes made to the MTP, including changes to the following plan sheets: • Typical Sections • Demolition Plan • Roadway Plan-Profile Sheets • Jointing Plans • Contour Plans • Drainage Area Maps • Storm Sewer Computations • Storm Drain Plan & Profile • Erosion Control Sheets • Signing & Striping Plan Sheets • Illumination Plan Sheets DELIVERABLES A. Final iSWM Checklist B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. City of Fort Worth,Texas Attachment McCart Avenue/McPherson Boulevard PMO Release Date:07.23.2012 Page 1 of 2 CPN CO2505 TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare revised easement and Right-of-Way documents to reflect the sale of property to a developer. The developer will dedicate the needed easements and right-of way as part of their platting process, and the remainder will be dedicated by separate instrument. DELIVERABLES A. Easement and right-of-way exhibits and descriptions needed for the dedication of parcels by separate instrument. City of Fort Worth,Texas Attachment McCart Avenue/McPherson Boulevard PMO Release Date:07.23.2012 Page 2 of 2 CPN CO2505 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Design Services for McCart Avenue from Risinger Road to Twin Leaf Drive and McPherson Boulevard from West Cleburne Road to McCart Avenue City Project No.0 2505 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 $98,770.00, 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 2021/2022 Rate $/hour Project Manager $225 Project Engineer $180 Design Engineer $140 EIT $120 CAD D $90 Administrative $60 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 the ENGINEER beyond these limits. McCart Avenue/McPherson Boulevard CPN CO2505 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) 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. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III of this Attachment B, and Schedule as required in Attachment D to this Agreement. 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. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. 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. McCart Avenue/McPherson Boulevard CPN CO2505 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Bridgefarmer& Roadway/Storm Drainage $92,570.00 93.72% Associates, Inc. Design & Project Management Proposed MBE/SBE Sub-Consultants ARS Engineers, Inc. Survey & Right-of-Way $4,000.00 4.05% Lee Engineering, LLC Roundabout & Illumination $2,200.00 2.23% Non-MBE/SBE Consultants TOTAL $98,770.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE Amendment No. 4 $98,770.00 $6,200.00 6.28% City MBE/SBE Goal = 20 % Consultant Committed Goal = 20 % McCart Avenue/McPherson Boulevard CPN CO2505 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21