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HomeMy WebLinkAboutContract 55845-A1 CSC No. 55845-A1 AMENDMENT NO. 1 OF FORT WORTH CITY SECRETARY CONTRACT NO. 55845 BETWEEN THE CITY OF FORT WORTH AND GARVER,LLC. This AMENDMENT NO. 1 ("Amendment") to City Secretary Contract (CSC) No. 55845 (Agreement) is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas, acting by and through Dana Burghdoff,its duly authorized Assistant City Manager, and Garver,LLC. ("Engineer"), acting by and through Josh Crawford, its duly authorized Texas Aviation Director. RECITALS WHEREAS, On June 14,2021, City and Engineer entered into City Secretary Contract("CSC") No. 55845 ("Agreement"), an agreement for the Construction Management Services for the Commander Road—Midfield Stage II project("Project") at Fort Worth Meacham International Airport("Airport"); WHEREAS, additional contract days were added to the Project due to weather and other unforeseen delays, so additional materials testing and Resident Project Representative (RPR) services (Additional Services"), for the Project are necessary; WHEREAS,the costs for the Additional Services to the Agreement will be $44,343.20; and WHEREAS,City and Engineer have both agreed to(i)update the compensation and term of the Agreement to include the additional $44,343.20 cost required for the Additional Services bringing the total not to exceed amount to $226,292.20; (ii) incorporate the Additional Services into the Scope of Work within Attachment A of the Agreement; and (iii) incorporate the additional costs into the compensation schedule under Attachment B of the Agreement. NOW,THEREFORE,for good and valuable consideration,the receipt and adequacy of which are hereby acknowledged, City and Engineer hereby agree as follows: I. The Agreement is hereby amended by deleting Article II, "Compensation and Term of Agreement," in its entirety and replacing it with the following: Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in an amount not to exceed $226,292.20 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Amendment No.1 to CSC No.55845 Between the City of Fort worth and OFFICIAL RECORD Garver,LLC.for Commander Road—Midfield Stage H Construction Management Services CITY SECRETARY Page 1 of 3 FT. WORTH, TX Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until either(i)the expiration of the funds; or (ii) completion of the subject matter contemplated herein whichever occurs first. 2. Attachment A, "Scope of Services" of the Agreement is hereby amended by adding the Additional Services listed in Exhibit A of this Amendment. Attachment B, "Compensation" of the Agreement is hereby amended by adding the additional labor hours and cost breakdowns for the Additional Services in Exhibit B of this Amendment. 3. Except as expressly modified in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 4. The statements set forth in the recitals above are true and correct and form the basis upon which City and Engineer have entered into this Amendment. 5. All other provisions and conditions of the Agreement that are not expressly amended herein or directly in conflict with the provisions and conditions of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiples on Mar25,2022 BY: BY: CITY OF FORT WORTH GARVER, LLC. Ala go 121 2.22 1�­ 2: 5 Dana Burghdoff Josh Crawford Assistant City Manager Texas Aviation Director Date: Mar 25,2022 Date: 03/23/22 Amendment No.1 to CSC No.55845 Between the City of Fort Worth and Garver,LLC.for Commander Road—Midfield Stage II Construction Management Services Page 2 of 3 APPROVAL RECOMMENDED: By: —4— Roger Venables Director,Aviation 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. Tyler Dale 24,2022 07:34 CDT) Tyler Dale Airport Project Coordinator APPROVED AS TO FORM AND LEGALITY By: Thomas Royce Hansen Assistant City Attorney ATTEST: Form 1295 No.: 2021-738828 Tanno&o S. Goodall Jan nette S.Goodall(Mar 28,2022 07:26 CDT) Jannette Goodall �o���n� M&C No.: 21-0348 City Secretary °FOR r�aa O°° °° O M&C Date: 5/18/2021 PA.00 o9�d �o odd 0 o ° 0 ���*% ° 0 °O0000000 ,O' ��nEXAS.oAp OFFICIAL RECORD Amendment No.1 to CSC No.55845 Between the City of Fort worth and CITY SECRETARY Garver,LLC.for Commander Road—Midfield Stage II Construction Management Services Page 3 of 3 FT. WORTH, TX EXHIBIT "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 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 construction of Commander road for future hangar developments. The project includes water utilities, sewer utilities, and drainage improvements. Also included is conduit for power and communications cable. This Attachment "A" serves has an Amendment to the original scope of services in order to provide additional construction inspection services for the remaining project schedule due to weather impacts, utility coordination, and additional hours not being included with the Additive Alternate award as well as additional construction material testing services directly related to the utility installation. WORK TO BE PERFORMED Task 7. Construction Inspection Services Task 8. Materials Testing Services TASK 7. CONSTRUCTION INSPECTION SERVICES 7.1. Construction Inspection • The ENGINEER's Resident Project Representative (RPR) shall be on site for an anticipated average of 32 hours per week for the remaining portion of the construction schedule until the project is fully completed. Based on the remaining items of work, 278 hours will be required in addition to the original contract amount allotted. During the remaining construction period, the RPR will provide or accomplish the following: 1. Consult with and advise the Owner during the construction period. The RPR will submit, when requested by the Owner, written reports to the Owner on the progress of the construction including any problem areas that have developed or are anticipated to develop. In addition, the RPR shall supply to the Owner such periodic reports and information as may be required. 2. As necessary, conduct safety meetings with the Contractor. 3. Coordinate with the firm providing construction materials quality assurance testing. Coordinate with this firm to ensure that all material tests required for construction are scheduled and accomplished in a manner that will not delay the Contractor unnecessarily and will meet specification requirements as to location and frequency. 4. Perform intermediate inspections in advance of the final inspection. 5. Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other appropriate information. 6. Maintain a project diary which will contain information pertinent to each site visit. 7. Administer the "Construction Management Plan" prepared by the RPR. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 3 8. Monitor the contractor's conformance to the approved construction safety and phasing plan. In performing construction observation services, the RPR will endeavor to protect the Owner against defects and deficiencies in the work of the Contractor(s); but The RPR does not guarantee the performance of the Contractor(s), nor is The RPR responsible for the actual supervision of construction operations. The RPR does not guarantee the performance of the contracts by the Contractors nor assume any duty to supervise safety procedures followed by any Contractor or subcontractor or their respective employees or by any other person at the job site. However, if at any time during construction The RPR observes that the Contractor's work does not comply with the construction contract documents, The RPR will notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. The RPR will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, The RPR will notify the Owner immediately, so that appropriate action under the Owner's contract with the Contractor can be taken. ASSUMPTIONS • 40 Calendar Days remaining for the project schedule is assumed. DELIVERABLES A. RPR Diary TASK 8. MATERIALS TEST SERVICES ENGINEER will provide survey support as follows. 8.1. Materials Testing Services • The ENGINEER's Materials Testing Firm shall be on site as needed to provide materials testing assistance to verify that construction conforms to specification requirements. ASSUMPTIONS • 40 Calendar Day remaining for the project schedule is assumed. DELIVERABLES A. Testing Reports 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 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 City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 2 of 3 agreed upon 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. • 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. • Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. • Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. • Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. • Deliverables beyond those listed herein. • Pavement Design beyond that furnished in the Geotechnical Report. • Engineering, architectural, or other professional services beyond those listed herein. • Retaining walls or other significant structural design. • Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The construction contract documents will require the Contractor to prepare, maintain, and submit a SWPPP to TCEQ. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 3 of 3 EXHIBIT "B" COMPENSATION Design Services for FTW - Commander Rd. - Midfield Stage 2 CPS City Project No. 101644 Amendment No. 1 I. Compensation A. The ENGINEER shall be compensated an additional fee of $44,343.20 as summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total Project Fees. The additional fee shall be considered full compensation for the services described in Attachment A — Addendum No. 1, including all labor materials, supplies, and equipment necessary to deliver the services. 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. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Aviation department monthly progress reports and schedules in the format required by the City. EXHIBIT "B" COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Garver Construction Administration $ 54,603.00 30% Proposed MBE/SBE Sub-Consultants Arias Geoprofessionals Construction Materials Testing $43,708.00 24% Non-MBE/SBE Consultants JDT RPR Construction Observation $83,638.00 46% (RPR) TOTAL $181,949.00 100% Amendment No. 1 Firm Primary Responsibility Fee Amount % Proposed MBE/SBE Sub-Consultants Arias Geoprofessionals Construction Materials Testing $21,644.50 49% —Amendment No. 1 Non-MBE/SBE Consultants JDT RPR Construction Observation $22,698.70 51% (RPR)—Addendum No. 1 TOTAL $44,343.20 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE 101644 — Commander Rd. Midfield $ 181,949.00 $43,708.00 24% Stage 2 CPS 101644 — Commander Rd. Midfield $ 44,343.20 $21,644.50 Stage 2 CPS —Amendment No. 1 1226,292.20 $65,352.50 29% City MBE/SBE Goal = _% Consultant Committed Goal = Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases.