HomeMy WebLinkAboutContract 50217-A3 CSC No. 50217-A3
AMENDMENT No . 3
TO CITY SECRETARY CONTRACT No . 50217
WHEREAS, the City of Fort Worth (CITY) and Kimley -Horn and Associates,
Inc. , (ENGINEER) made and entered into City Secretary Contract No. 50217 (the
CONTRACT) which was authorized by M&C C-28545 on the 23rd day of January, 2018 in
the amount of $1,795,070.00; and
WHEREAS, the CONTRACT was subsequently revised by Amendment No.1 in the
amount of $48,720.00 administratively authorized on April 6th, 2021 and
Amendment No. 2 in the amount of $49,256.00 administratively authorized on March
3rd, 2022; and
WHEREAS, the CONTRACT involves engineering services for the following
project:
Clear Fork Lift Station and Force Main; and
WHEREAS, it has become necessary to execute Amendment No. 3 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 $263,400. 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 $ 2,156,446. 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
FT. WORTH, TX
Prof Services Agreement Amendment Template
Revision Date: November 23, 2021 [Clear Fork Lift Station and Force Main]
Page 1 of 2 [CPN 1009961
EXECUTED and EFFECTIVE as of the date subscribed by the City's designated
Assistant City Manager.
APPROVED:
City of Fort Worth ENGINEER
Kimsey -Horn and A s ciates,
Inc
Dana Burghdoff(Jul 1,202 :Ol CDT) r,
Dana Burghdoff hn Atkins, P.E.
Assistant City ManagerVice-President
DATE: Jul 1, 2022 DATE: 6
APPROVAL RECOMMENDED:
Christopher Ftarder(Jun 29,2022 09:35 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.
yk CVVh. &410-pn
Li Conlon,
Project Manager
APPROVED AS TO FORM AND LEGALITY: M&C: 22-0414
ow Date: 6/14/2022
DBlack(Jun 29,2022 12:24 CDT)
Douglas W. Black Form 1295: 2022-881548
Senior Assistant City Attorney
ATTEST: ��iOF—0---0
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lann&ff'-S. Gies �'~ °p��d
Jannette S.Goodall(Ju 5,2022 07:44 CDT) y p o 2
Jannette S. Goodall ���*o °off
City Secretary d °° °°0000000 a;
�SEX AS.oO'
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Prof Services Agreement Amendment Template
Revision Date: November 23, 2021 [Clear Fork Lift Station and Force Main]
Page 2 of 2 [CPN 1009961
<Mey*Horn
April 22, 2022
Mr. Liam Conlon
Project Manager
City of Fort Worth Water Department
200 Texas Street
Fort Worth, TX 76102
Re: Clear Fork Lift Station and Force Main
Amendment No. 3—Lift Station Supplemental Construction Phase Services
KHA No. 0 61 01 821 4
City Project No. 100996; CSC 50217
Dear Liam:
This letter is in reference to a contract between Kimley-Horn and Associates, Inc. (`Engineer"or
"Kimley-Horn") and the City of Fort Worth (the City)dated 01-31-2018 referred 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 Clear Fork Lift Station project includes a connections to large wastewater interceptors in the
Davidson Railyard, wetwell structure,junction structures, various equipment pads, piping, valves,
submersible pumps, an electrical building, and site civil improvements. This hourly scope is based on
a 480 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:
CONTRACT TASK 8 — LIFT STATION — CONSTRUCTION PHASE SERVICES:
(Water$0, Sewer$263,400)
S 263,400 Kimley-Hong
$263,400 Total
8.9 Supplemental Construction Phase Services
ENGINEER will complete the following additional tasks in accordance with the Original Contract:
• 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 Tasks 8.1 thru 8.8)
• 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
801 -- - 1300,
Kimley>Morn I
Page 2
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
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 Ft.Worth, 76102
�b❑ � tt _
e\f/'�'�.''Ij'[ l'..)%L, f~;_ Page 3
We recommend that the City increase the budget by$263,400 for these additional services. The
following tables summarize our recommended budget revisions, water and sanitary sewer design fees,
and revised contract amount:
Description Water Sewer Total
Task 1 —Project Management $0 $0 $0
Task 2—Lift Station Site Feasibility and Due Diligence $0 $0 $0
Task 3—Lift Station Property Acquisition $0 $0 $0
Task 4—Lift Station Preliminary Design $0 $0 $0
Task 5—Lift Station Final Design $0 $0 $0
Task 6—Lift Station Construction Contract Document $0 $263,400 $263,400
Preparation
Task 7— Lift Station Bid Phase Services $0 $0 $0
Task 8—Lift Station Construction Phase Services $0 $0 $0
Task 9—Lift Station Record Drawings $0 $0 $0
Task 10—Force Main Alignment Study $0 $0 $0
Task 11 —Force Main Preliminary Design $0 $0 $0 J
Task 12—Force Main Final Design $0 $0 $0
Task 13—Force Main Construction Contract Document $0 $0 $0
Preparation
Task 14—Force Main Bid Phase Services $0 $0 $0
Task 15—Force Main Construction Phase Services $0 $0 $0
Task 16—Force Main Record Drawings $0 $0 $0
Task 17—Permitting Services $0 $0 $0 1
i
Task 18—ROW/Easement Services $0 $0 $0
Task 19—Survey and SUE $0 $0 $0
Task 20—Additional Services $0 $0 $0
Total $0 $263,400 $263,400 J
K�[ni11e��� >>Horn
Page
The following table summarizes our recommended budget revisions and shows the revised contract
amount:
Original Amendment Amendment Amendment Revised Contract
Contract No. 1 No.2 No.3
Task 1 $33,000 $33,000
Task 2 $83,330 $83,330
Task 3 $39,700 $39,700
Task 4 $265,230 $265,230
Task 5 $357,710 $357,710
Task 6 $40,060 $49,256 $89,316
Task 7 $43,910 $43,910
Task 8 $173,050 $263,400 $436,450
Task 9 $8,900 $8,900
Task 10 $64,900 $64,900
Task 11 $178,460 $178,460
Task12 $111,730 $111,730
Task 13 $14,500 $14,500
Task 14 $23,520 $23,520
Task15 $91,760 $91,760
Task 16 $13,100 $13,100
Task 17 $21,700 $48,720 $70,420
Task 18 $42,570 $42,570
Task 19 $137,940 $137,940
Task 20 $50,000 $50,000
Total
Project $1,795,070 $48,720 $49,256 $263,400 $2,156,446
801 - Street, 00 Ft.Worth,TX 76102
Kimil.y>>>Horn Page 5
The following breakdown for water and sewer services is recommended:
Water Fee Sewer Fee Surve Fee y Total
Original Contract $0 $1,657,130 $137,940 $1,795,070
Amendment No. 1 $0 $48,720 $0 $48,720
Amendment No. 2 $0 $49,256 $0 $49,256
Amendment No. 3 $0 $263,400 $0 $263,400
Total $0 $2,018,506 $137,940 $2,156,446
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
John R. Atkins, P.E.
Vice President
JCK/jra
Copy to: Tony Sholola, P.E., City of Fort Worth
Attachments - Level of Effort Spreadsheet
\\kimley-horn\TX_FTVNFT W_Utilities\Oo1018214-Clear-Fork-LS&FM\PPPIPOST_NTP1Amendment-No-3\Amendmenl-No-3_Clear-Fork-LS&FM.doc
• • 801 - 1300, • 1
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday,June 14, 2022 REFERENCE NO.: M&C 22-0414
LOG NAME: 60CFLS-KHA&EAGLE
SUBJECT:
(CD 9)Authorize Execution of Amendment No.3 to an Engineering Agreement with Kimley—Horn and
Associates, Inc., in the Amount of$263,400.00,for Clear Fork Lift Station,Authorize Execution of a
Contract with Eagle Contracting, LLC., in the Amount of$12,969,865.00 for Clear Fork Lift Station and
Force Main, Provide for Project Costs for Project Total Amount of$13,917,999.00, and Adopt Attached
Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital
Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize execution of Amendment No. 3 to City Secretary Contract No. 50217 in the amount of
$263,400.00, an engineering agreement with Kimley—Horn and Associates, Inc.for construction
support services for Clear Fork Lift Station and Force Main project for a revised contract amount of
$2,156,446.00;
2.Authorize execution of a contract with Eagle Contracting, LLC., in the amount of$12,969,865.00 for
the Clear Fork Lift Station and Force Main; and
3.Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the
Water&Sewer Revenue Bonds Series 2022 Fund by increasing estimated receipts and
appropriations in the Clear Fork Lift Station and Force Main project(City Project No. 100996) in
the amount of$13,917,999.00 and decreasing estimated receipts and appropriations in the
Unspecified-All Funds project(City Project No. UNSPEC) by the same amount, and to effect a
portion of Water's contribution to the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
On January 23, 2018, Mayor and Council Communication (M&C) C-28545 authorized an engineering
agreement with Kimley—Horn and Associates, Inc., (City Secretary Contract No.50217), in the amount of
$1,795,070.00 for design of the Clear Fork Lift Station and Force Main.The agreement was subsequently
revised by Amendment No. 1 in the amount of$48,720.00 administratively authorized on April 6, 2021
that provided for the preparation of a United States Army Corps of Engineers and Texas Historical
Commission permits and Amendment No.2 in the amount of$49,256.00 administratively authorized on
March 3,2022 that provided for design to reduce the size of the lift station wet well and related
appurtenance.As part of Amendment No. 3,the engineer will perform construction support services for
construction of the lift station that includes inspection assistance, submittals reviews, and change order
reviews and lift station start up.
The Clear Fork Lift Station project was advertised for bid on February 17, 2022 and February 24, 2022 in
the Fort Worth Star-Telegram. On April 21, 2022 the following bids were received:
BIDDER AMOUNf7l TIME OF COMPLETION
Eagle Contracting, LLC $12,969,865.00 480 Calendar Days
Bar Constructors, Inc. $13,069,351.00
Ark Contracting Services, LLC $13,131,661.501
Archer Western Construction, LLC i $13,349,335.0U
Thalle Construction Company $14,217,030.00
In addition to the contract cost,$425,337.00 is required for project management, inspection and material
testing and$259,397.00 is provided for project contingency.
It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of
within the annual budget ordinance, as projects commence, additional funding needs are identified, and
to comply with bond covenants.The actions in the M&C will appropriate funds in support of the Water's
portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital Improvement Program, as follows:
60CFLS-KHA&EAGLE
Capital Budget Revised
Project FY2022 CIP Change
Fund Authority FY2022
Name Name Appropriations (Increase/ Budget
Decrease)
56020— 100996 —
Water& Clear
Sewer Fork Lift
Revenue Station $0.00 This M&C $13,917,999.00 $13,917,999.00
Bonds and
Series Force
2022 Fund Main
Funding is currently available in the Unspecified-All Funds project within the W&S Rev Bonds Series
2022 for the purpose of funding the Clear Fork Lift Station and Force Main project.
Funding for the Clear Fork Lift Station and Force Main are as depicted below:
Fund Existing Additional Project Total*
Appropriations I Appropriations
W&S Capital Proj 2018 —Fund
56014 $3,591,570.00 $0.00i�
$3,591,570.00
Water& Sewer Revenue Bonds
Series 2022—Fund 56020 $0.00 $13,917,999.00 $13,917,999.00
Project Total $3,591,570.00 $13,917,999.00 $17,509,569.00
*Numbers rounded for presentation purposes.
Business Equity: Kimley—Horn and Associates, Inc.sent in a Prime Waiver form and will self-perform the
work and must be accountable for performing 100 percent of the work and cannot sub any of the work
described in this amendment.
Business Equity: Eagle Contracting L.P. is in compliance with the City's Business Equity Ordinance by
committing to three percent Business Equity participation and documenting good faith effort. Eagle
Contracting L.P. identified several subcontracting and supplier opportunities. However, the firms
contacted in the areas identified did not respond or did not submit the lowest bids. The City's Business
Equity goal on this project is 22 percent.
The project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified-All Funds within W
&S Rev Bonds Series 2022 Fund, and upon approval of the above recommendations and adoption of the
attached appropriation ordinance,funds will be available in the W&S Rev Bonds Series Fund for the
Clear Fork LS and FM project to support the approval of the above recommendations and execution of
the contracts. Prior to any 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# Amount
i ID I ID Year (Chartfield 2)
FROM
Fund Department ccol IrogramlActivity 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: Liam Conlon (6824)
ATTACHMENTS
1.60CFLS KHA& EAGLE.docx (CFW Internal)
2.60CFLS-KHA&EAGLE 1295 (EAGLE),pdf (CFW Internal)
3.60CFLS-KHA&EAGLE 1295 (KHA),pdf (CFW Internal)
4.60CFLS-KHA&EAGLE Compliance Memo (EAGLE),pdf (CFW Internal)
5.60CFLS-KHA&EAGLE FID Table (WCF 05.17.22).xlsx (CFW Internal)
6.60CFLS-KHA&EAGLE MAP.pdf (Public)
7.60CFLS-KHA&EAGLE MWBE Waiver.pdf (CFW Internal)
8.60CFLS-KHA&EAGLE PBS CPN 100996.pdf (CFW Internal)
9.60CFLS-KHA&EAGLE SAM (EAGLE),pdf (CFW Internal)
10.60CFLS-KHA&EAGLE SAM (KHA),pdf (CFW Internal)
11.60CFLS-KHA&EAGLE 56020 AO.docx (Public)
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