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HomeMy WebLinkAboutContract 55295-A1 CSC No.55295-A1 AMENDMENT No . 1 TO CITY SECRETARY CONTRACT No . 55295 WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and Associates, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 55295, (the CONTRACT) which was authorized on the 12th day of January, 2021 in the amount of $1,242, 804 . 00; and WHEREAS, the CONTRACT involves engineering services for the following project: Westside III Ground Storage Tank and West IV and V Pump Station (Markum Ranch Pump Station and Ground Storage Tank) ; 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 $297,400. 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 $1,540,204. 00. 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 subscribed by the City' s designated Assistant City Manager. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 [WS III GST & WS IV/V PS3 Page 1 of 2 [CPN 1030101 APPROVED: City of Fort Worth ENGINEER Kind Ay-Horn an ` Associates, Inc. B�arGu7� Dana Burghdoff( ar 17,20 10:29 CDT) IL Dana Burghdoff John Atkins, P.E Assistant City Manager Vice President Mar 17,2022 DATE: DATE: 03/16/2022 APPROVAL RECOMMENDED: 2` �al2,. Christopher Hard (Mar 17,20220732 CDT) Chris 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 . 311 612 022 Farida Goderya, P.E. Senior Project Manager APPROVED AS TO FORM AND LEGALITY: M&C: 22-0130 0-49' Date : 02/22/2022 DBlack(Mar 17,2022 09:48 CDT) Douglas W. Black Form 1295 . 2022-841774 Senior Assistant City Attorney ATTEST: paa4,aoR o 0. J ette S.Goodall(Mar 17,2022 15 CDT) ° Janne t to S. Goodall o Qo=� City Secretary �d'f °°° °°° *.d 000000 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 [WS III GST & WS IV/V PS] Page 2 of 2 [CPN 1030101 Kimley>>>Horn December 22, 2021 Ms. Farida S. Goderya, PhD, P.E. Senior Project Manager City of Fort Worth Water Department 200 Texas Street Fort Worth, TX 76102 Re: City of Fort Worth-Markum Ranch Pump Station—Amendment No. 1 Supplemental Construction Phase Services KHA No. 061018386 City Project No. 103010 Dear Farida: This letter is in reference to a contract between Kimley-Horn and Associates, Inc. (ENGINEER) and the City of Fort Worth (CITY) dated 01-12-2021 referred to herein as the"CONTRACT". This amendment is to provide supplemental construction phase services for the duration of the construction phase portion of the project. The Markum Ranch Pump Station project includes a ground storage tank, structures, piping, valves, pumps, architectural elements, and civil improvements. This hourly scope is based on a 640 Calendar Day construction contract duration and being on site for an average of 20 hours a week. ENGINEER will provide the services outlined as follows: TASK 8. CONSTRUCTION PHASE SERVICES (ADDITIONAL SCOPE) 8.2 Supplemental Construction Phase Services • Site Observation • ENGINEEER will be on site for an average of approximately 20 hours per week to perform site observation. Site observation will be scheduled based on Contractor activities at the site. Site visits will follow the guidelines established in the original contract. Site visits will be documented with observation reports to include a description of work in progress and any observations of construction issues that may require attention. (ENGINEER design staff to participate under the CONTRACT Task 8.1.) • Applications for Payment • ENGINEER will review Contractor applications for payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, ENGINEER will determine the amounts that it recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to City, based on such observations and review, that, to the best ENGINEER's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work-in-progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, ENGINEER's recommendations of payment will include determinations of 80100 Kim ey>>>Horn Page 2 quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to City free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between City and Contractor that might affect the amount that should be paid. • City and Contractor Coordination • ENGINEER coordinate with City staff and the Contractor on an as-needed basis regarding project documentation, the project schedule, and known project issues. The purpose of this coordination will be to facilitate communication and resolution of outstanding items to promote progress of the project during construction. • Substantial Completion • ENGINEER will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, coordinate a substantial completion walkthrough. This activity will include the documentation of substantial completion observations and deficiencies. This scope includes one substantial completion walk through and punch list. (Technical review to be provided under CONTRACT) • Final Notice of Acceptability of the Work • ENGINEER will coordinate a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. This scope includes one final completion walk through. (Technical review to be provided under CONTRACT) • Limitation of Responsibilities • 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. Consultant shall not have the authority or responsibility to stop the work of any Contractor. 801 - 00 Kim ey>>>Horn Page 3 Compensation A. ENGINEER shall be compensated an additional fee of $297,400 on a cost-plus maximum basis for the personnel time, non-labor expenses, and subcontract expenses in performing services summarized above and as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate ($/hour) effective through June 2022 Senior Professional 11 $265—$300 Senior Professional 1 $220—$285 Professional $180—$230 Analyst $120—$200 Senior Technical Support $145—$210 Technical Support $80—$135 Support Staff $90—$130 ii. Non-Labor Expenses. Non-labor expenses shall be in accordance with the CONTRACT. iii. Subcontract Expenses. Subcontract expenses shall be reimbursed in accordance with the CONTRACT. Budget Modifications The proposed budget modifications reflect the additional funds needed for the additional services. The details of the budget modifications can be found in the table below: Description Original Budget Amend. Revised No. 1 Budget Water $1,242,804 $297,400 $1,540,204 Sewer $0 $0 $0 Total $1,242804 $297,400 $1,540,204 80100 Kim ey>>>Horn Page 4 The following table summarize the MBE/WBE percentages: Description Original Amend. Revised Budget No. 1 Budget Contract Amount $1,242,804 $297,400 $1,540,204 Total Contract MBE/WBE $287,640 -- $287,640 Total Contract MBE/WBE 23.1% -- 18.7% Percentage City MBE/WBE Goal 10% -- 10% With these budget modifications, our total contract MBE/WBE participation is projected to be$287,640 (18.7%), which exceeds the City's 10% goal. We appreciate the opportunity to be of continued service to the City. Please contact us if we need to provide any further information. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. 4 �. JI . Atkins, P.E. Vice President J RA/jck K.\FTW Utilities\061018386-Markum-Ranch-PSBGST\PPP\POST NTP\Amendl\MarkumRanchPS Arn-1 Ur 2021.doc • • 801 -- - 1300, Ft. Worth, 76102 • I\// )©$® .03 f, <! ` \J \ )§\ $\\ Ei - \ � � \ » � \k % e \ 9- 3 § q 'r7W § yE ) E ; o= 2, / ƒ mgomm , , cmx k \�? X0E ! z § 0- 7 (n7 oaw & m'aca \,o, Aw ! mmo ƒ oa : yam 0 =r ° (n 0 - \ - - - M § ( E � , \ }/U) 0 - » »: . o \ \ Im 2 / ] ) \oo��\\§) Kimley>>>Horn February 25, 2022 Ms. Farida S. Goderya, PhD, P.E. Senior Project Manager City of Fort Worth Water Department 200 Texas Street Fort Worth, TX 76102 Re: City of Fort Worth-Markum Ranch Pump Station—Amendment No. 1 Supplemental Construction Phase Services—Summary Letter KHA No. 061018386 City Project No. 103010 Dear Farida: This letter summarizes the additional scope and fee associated with Amendment No. 1 which was originally provided to the City on December 22, 2021. The Markum Ranch Pump Station project includes a ground storage tank, structures, piping, valves, pumps, architectural elements, and civil improvements. This hourly scope is based on a 640 Calendar Day construction contract duration and being on site for an average of 20 hours a week to perform construction site observation and contractor coordination. The proposed budget modifications reflect the additional funds needed for the additional services. The details of the budget modifications can be found in the table below: Description Original Budget Amend. Revised No. 1 Budget Water $1,242,804 $297,400 $1,540,204 Sewer $0 1 $0 1 $0 Total $1,242804 1 $297,400 1 $1,540,204 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. 4 /1. , P•E. JI . Atkins, P.E. Vice President J RA/j ck \\kimley-hom\TX_FTVNFT W_Uti I ities\061018386-Markum-Ranch-PS&GST\PPP\POST_NTP\Amend 1 Warkum RanchPS_Am-1_Summary-Ur.doc • • 80111 Ft.Worth, 76102i • City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 22, 2022 REFERENCE NO.: M&C 22-0130 LOG NAME: 60WSIIIGST&WSIVWSVPS- CRESCENT & KHA SUBJECT: (CD 3)Authorize Execution of Amendment No. 1 in the Amount of$297,400.00 to an Engineering Agreement with Kimley-Horn Associates, Inc., for Westside III Ground Storage Tank and West IV and V Pump Station (Markum Ranch Pump Station and Ground Storage Tank), Authorize Execution of a Contract with Crescent Constructors, Inc. in the Amount of$20,993,000.00 for Westside III Ground Storage Tank and West IV and V Pump Station (Markum Ranch Pump Station and Ground Storage Tank), Provide for Project Costs for Total Project Costs in the Amount of$22,097,691.00, Appropriate this Funding as a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program, Adopt Attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1.Authorize the execution of Amendment No. 1 to City Secretary Contract No. 55295 in the amount of $297,400.00, an Engineering Agreement with Kimley-Horn Associates, Inc., for construction support services for Westside III Ground Storage Tank and West IV and V Pump Station (Markum Ranch Pump Station and Ground Storage Tank) project for a revised contract amount of$1,540,204.00; 2.Authorize execution of a contract with Crescent Constructors, Inc. in the amount of$20,993,000.00 for the Westside III Ground Storage Tank and West IV and V Pump Station (Markum Ranch Pump Station and Ground Storage Tank) project; 3.Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Westside III Ground Storage Tank and West IV and V Pump Station (Markum Ranch Pump Station and Ground Storage Tank) project; 4.Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer commercial Paper Fund by increasing appropriations in the amount of$22,097,691.00 in the Westside III Ground Storage Tank and West IV and V Pump Station (Markum Ranch Pump Station and Ground Storage Tank) project (City Project No. 103010) and decreasing appropriations in the Unspecified project(City Project No. UNSPEC) by the same amount; and 5.Appropriate this Project as a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: On January 12, 2021 Mayor and Council Communication (M&C) 21-0058, the City Council authorized an engineering agreement with Kimley-Horn Associates, Inc., (City Secretary Contract No. 55295), in the amount of$1,242,804.00 to evaluate and design the Westside III Ground Storage Tank and West IV and V Pump Station (Markum Ranch Pump Station and Ground Storage Tank). As part of Amendment No. 1, the Engineer will perform construction inspection, observation and necessary support services for construction of Markum Ranch Pump Station and Ground Storage Tank project that includes site and contractor work observation, pay application review and recommendation, City and Contractor coordination, and punch list walk through. Construction of the project was advertised for bid on December 9 and 16, 2021, in the Fort Worth Star- Telegram. On January 13, 2022, the following bids were received: Bidder Base Bi I Contract Time Crescent Constructors, Inc. $20,993,0001.00 164 DaY s Calendar Eagle Contracting, LP $22,386,000.00 Archer Western Construction, LLC $22,658,975.00 Bidder 11 Base Bi I Contract Time Bar Contractors, Inc. $22,804,500.00 Felix Construction $23,070,000.00 Gracon Construction, Inc. $26,698,000.00 In addition to the contract cost, $387,431.00 is required for project management and inspection and $419,860.00 is provided for project contingency. This project will have no impact on the Water Department's operating budget when complete. 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. 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. Under federal law, debt must be issued within approximately three years in order for these expenses to be reimbursable.Adoption of the attached resolution does not obligate the City to sell bonds, but preserves the ability of the City to reimburse itself from tax-exempt bond proceeds. It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year as projects commence, additional funding needs are identified, and to comply with bond covenants. Capital FY2022 CIP Budget Change Revised Fund Project Name Appropriations Authority (Increase/Decrease) FY2022 Budget Name 56020- 103010-WS III GST W&S & WS IV/V Pump $ - This m&c $22,097,691.00 $22,097,691.00 Commercial Sta Paper Funding for the WS III GST&WS IV/V Pump Station project is depicted below: Existing Additional FUND Appropriations Appropriations Project Total* Water Impact 1,556,929.00 $0.00 $1,556,929.00 Fee- Fund 56003 W&S Commercial Paper Fund $0.00 $22,097,691.00 $22,097,691.00 56020 Project Total $1,556,929.00 $22,097,691.00 $23,654,620.00 *Numbers rounded for presentation purposes. Business Equity- Crescent Constructors, Inc. is in compliance with City's Business Equity Ordinance by committing to eight percent Business Equity participation on this project. The City's Business Equity goal on this project is seven percent. Business Equity- Kimley-Horn Associates, Inc. submitted a Prime Waiver form and will "self-perform"the work and will be accountable for performing 100 percent of the work and cannot sub any of the work described in this amendment. The project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are currently available in the UNSPEC project within the W&S Commercial Paper Fund and 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 WS III GST& WS IV/V Pump Sta project to support the execution of the amendment to the engineering contract and the construction contract. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs),: TO Fund Department ccount Project Program ctivity Budget Reference# mount ID ID Year (Chartfield 2) FROM Fund Department ccount Project Program ctivity Budget Reference # mount 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: Farida Goderya (8214) ATTACHMENTS 1. 60WSIIIGST&WSIVWSVPS- CRESCENT& KHA Compliance Memo (Crescent).pdf (CFW Internal) 2.60WSIIIGST&WSIVWSVPS-CRESCENT& KHA- Reimb Resolution.docx (Public) 3.60WSIIIGST&WSIVWSVPS-CRESCENT& KHA 1295 (KHA),pdf (CFW Internal) 4. 60WSIIIGST&WSIVWSVPS-CRESCENT& KHA 1295(Crescent),pdf (CFW Internal) 5.60WSIIIGST&WSIVWSVPS-CRESCENT& KHA FID TABLE (NN 01.24.22).xlsx (CFW Internal) 6.60WSIIIGST&WSIVWSVPS-CRESCENT& KHA Goal Waiver.pdf (CFW Internal) 7. 60WSIIIGST&WSIVWSVPS-CRESCENT& KHA MAP.pdf (Public) 8.60WSIIIGST&WSIVWSVPS- CRESCENT& KHA PBS CPN 103010.pdf (CFW Internal) 9.60WSIIIGST&WSIVWSVPS-CRESCENT& KHA SAM (Crescent),pdf (CFW Internal) 10.60WSIIIGST&WSIVWSVPS-CRESCENT& KHA SAM (KHA),pdf (CFW Internal) 11. 60WSIIIGST&WSIVWSVPS-CRESCENT& KHA.docx (Public) 12.60WSIIIGST&WSIVWSVPS CRESCENT 56020.docx (Public) 13. 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