HomeMy WebLinkAboutContract 51434-A2CSC No. 51434-A2
AMENDMENT No . 2
TO CITY SECRETARY CONTRACT No. 51434
WHEREAS, the City of Fort Worth (CITY) and Kiml.ey-Horn and
Associates, Inc., (ENGINEER) made and entered into City Secretary
Contract No. 51434, (the CONTRACT) which was authorized by M&C C-28838
on the 11thday of September, 2018 in the amount of $400,000.00; and
WHEREAS, the CONTRACT was subsequently revised by Amendment No.1
in the amount of $90,000.00 authorized by M&C 20-0767 on October
20,2020; and
WHEREAS, the CONTRACT involves engineering services for the
following project:
Farm to Market Road 156 from United States Route 81/287 to Watauga
Road Water 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 $83,500.00 (Water).
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 $573,500.00.
3.
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
EXECUTED and EFFECTIVE as of the date subscribed by the City's
designated Assistant City Manager.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Prof Services Agreement Amendment Template
Revision Date: November 23, 2021 [FM Road 156 From US 81/287 to Watauga Rd Improvements]
Page 1 of 2 [CPN 1016821
APPROVED:
City of Fort Worth
Z
Dana Burghdoff (Jan 24, 20 11:22 CST
Dana Burghdoff
Assistant City Manager
DATE: Jan 24, 2023
APPROVAL RECOMMENDED:
CHrisfaO2her Harder
Christopher Harder (Jan 23, 2023 16:31 CST)
Chris Harder, P.E.
Director, Water Department
Contract Compliance Manager:
ENGINEER
Kimley-Horn and Associates, Inc.
A4.zf _) � E.
Jolin Atkins, P.E.
Vice President
DATE: 01-20-2023
By signing, I acknowledge that I am the person responsible for
the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
JohzilKasavich, P.E.
Project Manager
APPROVED AS TO FORM AND LEGALITY:
Em
M$Iack (Jan 24, 2023 10:30 CST)
Douglas W. Black
Senior Assistant City Attorney
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ATTEST: pro °id
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Jannette S. Goodall
City Secretary
M&C : N/A
Date: N/A
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Prof Services Agreement Amendment Template
Revision Date: November 23, 2021 [FM Road 156 From US 81/287 to Watauga Rd Improvements]
Page 2 of 2 [CPN 1016821
Kimley»>Horn
September 30, 2022
Mr. John Kasavich, P.E.
Project Manager
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, TX 76102
RE: FM 156 From US 811287 to Watauga Road Water Improvements
Amendment No. 2
KHA No. 061018227
City Secretary No. 51434 — City Project No. 101682
Dear John:
This letter is in reference to a contract between Kimley-Horn and Associates, Inc. (Kimley-
Horn) and the City of Fort Worth (CITY) dated 10-22-2018 referred to herein as the
"Contract".
Kimley-Horn is pleased to submit our Amendment No. 2 for the City's FM 156 From US 81 /287
to Watauga Road Water Improvements Project. The fees for this Amendment are not to
exceed $83,500, increasing the total not to exceed fee to $573,500. This engineering
agreement is partially eligible for TxDOT reimbursement.
This amendment adds an additional 15 month of the construction phase services to the
Contract. The original construction was scheduled to be complete in October 2021. Due to
coordination with TxDOT's roadway contractor and the CITY's availability to shut down the
water transmission mains, the construction is anticipated to end in January 2023.
Kimley-Horn will continue the services outlined as follows and as directed by the CITY:
TASK 6. CONSTRUCTION PHASE SERVICES
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre -construction conference, the ENGINEER shall provide project
exhibits and attend public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
• Prepare and distribute Meeting Notes.
801 Cherry Street, Unit 11, Suite 950, Ft. Worth, TX 76102
Kimley>»Horn
• On -site Observation
Page 2
• Make up to six (6) site visits at intervals as directed by CITY in order to
observe the progress of the work.
Such visits and observations by ENGINEER are not intended to be
exhaustive or to extend to every aspect of Contractor's work in
progress. Observations are to be limited to spot checking, selective
measurement, and similar methods of general observation of the
Work based on ENGINEER'S exercise of professional judgment.
Based on information obtained during such visits and such
observations, ENGINEER will evaluate whether Contractor's work
is generally proceeding in accordance with the Contract
Documents, and
ENGINEER will keep CITY informed of the general progress of the
Work.
The purpose of ENGINEER'S site visits will be to enable
ENGINEER to better carry out the duties and responsibilities
specifically assigned in this Agreement to ENGINEER, and to
provide CITY a greater degree of confidence that the completed
Work will conform in general to the Contract Documents.
ENGINEER shall not, during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, or
have control over Contractor's work, nor shall ENGINEER have
authority over or responsibility for the means, methods, techniques,
equipment choice and usage, sequences, schedules, or
procedures of construction selected by Contractor, for safety
precautions and programs incident to Contractor's work, nor for any
failure of Contractor to comply with laws and regulations applicable
to Contractor's furnishing and performing the Work. Accordingly,
ENGINEER neither guarantees the performance of any Contractor
nor assumes responsibility for any Contractor's failure to furnish
and perform its work in accordance with the Contract Documents.
• Progress Meetings
• Attend up to twenty (20) biweekly TxDOT progress meetings and visit the
site for observation at that time.
Attend up to ten (10) CITY construction progress meetings.
• Shop drawing, samples and other submittals Review
Review up to ten (10) shop drawings, samples and other submittals
submitted by the contractor for general conformance with the design
801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102
Kimley>»Horn
Page 3
concepts and general compliance with the requirements of the contract for
construction.
Such review, approvals or other action will not extend to means, methods,
techniques, equipment choice and usage, sequences, schedules, or
procedures of construction or to related safety precautions and programs
and 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.
• Log all shop drawings, samples and other submittals.
• Substitutions
• Evaluate and determine the acceptability of up to ten (10) substitute or "or -
equal" materials proposed by Contractor in accordance with the Contract
Documents, but subject to the provisions of applicable standards of the
state or the CITY.
• Request for information (RFI):
Provide necessary interpretations and clarifications of contract documents,
and make recommendations as to the acceptability of the work for up to
two (2) RFI's. ENGINEER will respond to reasonable and appropriate
Contractor requests for information and issue necessary clarifications and
interpretations of the Contract Documents to CITY as appropriate to the
orderly completion of Contractor's work. Any orders authorizing variations
from the Contract Documents will be made by CITY.
• Change Orders
Provide support for Change Orders as requested by the CITY. Change
Order support may include review and recommendations to the CITY for
the execution of change orders.
• Final PROJECT Part Walk Through
• Attend the "Final" PROJECT Part walk through and assist with preparation
of final punch list. Attend one (1) final site visit to determine if the completed
Work of Contractor is generally in accordance with the Contract
Documents.
• ENGINEER shall not be responsible forthe 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.
ENGINEER shall not have the authority or responsibility to stop the
work of any Contractor.
kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102
Kimley»>Horn
6.2 Record Drawings
Page 4
• The ENGINEER shall prepare Record Drawings from information provided by
the CITY depicting any changes made to the Final Drawings during construction.
The following information shall be provided by the CITY:
o As -Built Survey
o Red -Line Markups from Contractor
o Red -Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and
shall be placed on each plan sheet, whether there are any revisions on the sheet
or not. Each sheet shall clearly indicate all changes which apply to that sheet by
clouding and numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by
others and represent the as constructed conditions to the extent that
documented changes were provided for recording. The ENGINEER
assumes no liability for undocumented changes and certifies only that the
documented changes are accurately depicted on these drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, on mylar for record storage. The ENGINEER may
keep copies of the information provided by the CITY for their files, but all original
red -lined drawings shall be returned to the CITY with the mylars.
Record Drawings shall also be submitted in both Adobe Acrobat PDF format
(version 6.0 or higher) format and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for
the Water plan set. Each PDF and DWF file shall contain all associated sheets
of the particular plan set. Singular PDF and DWF files for each sheet of a
plan set will not be accepted. PDF and DWF files shall conform to naming
conventions as follows:
I. TPW file name example — "W-1956_rec47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_rec" designating the file is of
a record drawing plan set, "47" shall be the total number of sheets in this file.
Example: W-0053_rec3.pdf and K-0320_org5.pdf
801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 817 335 6511
Kimley»>Horn
Page 5
II. Water and Sewer file name example - 11X-35667_rec36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_rec"
designating the file is of a record drawing plan set, "36" shall be the total
number of sheets in this file.
Example: X-12755_rec18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawings folder
in Buzzsaw.
6.3 TxDOT Coordination
Y TxDOT Reimbursement
o The ENGINEER will assist the CITY in preparing the final billings for the
CITY's reimbursement from TxDOT in accordance with the TxDOT ROW
Utility Manual. The billings may include the following information:
■ Cover sheet with the invoice number, date, and type; TIN number;
certification period; construction beginning and end dates; scope
of work; and a table for the reimbursement breakdown of charges.
■ Support for Certification of Partial Payment for Utility
Accommodation TxDOT Form ROW-U-27
■ Cost Summary Sheet — Estimated Cost spreadsheet in
Attachment "A" of the Standard Utility Agreement to include the
Revised Cost Estimate, Actual Cost Incurred to Date, Percentage
of Actual Work Completed, Amount Remaining to be Billed, and a
Cost Estimate Task Breakdown Summary.
■ Contract Engineering and Easement Acquisitions breakdown of
the ENGINEER's invoices and backup information.
■ Backup Documents:
C The construction project bid tabulation
o The Contractor's pay request and the owner's payment
detail
• Engineer's invoices and owner's payment detail
o Invoices shall include a breakdown of the contract
engineering services to match the tasks shown in
Estimated Cost spreadsheet included in Attached
"A" of the Standard Utility Agreement.
■ TxDOT Supplemental Agreement
801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102
Kimley>»Horn
Page 6
o TxDOT requires Supplemental Agreements for changes in the approved
work. A minor change is when the cost of the adjustment changes is less
than $100,000 or 25% or less of the approved, agreement. A major
change is when the cost of the adjustment changes is greater than/less
than $100,000.00 or if the percentage of cost change is greater than/less
than 25% of the approved agreement.
o The ENGINEER will assist the CITY in preparing the Standard Utility
Agreement — Supplemental Agreements. These agreements may
include the following:
is TxDOT Standard Agreement Supplemental Agreement — ROW-U-
COA
• Description of minor/major changes
■ Plans, Specifications, Estimated Costs, and schedule (Attachment
"A")
Assumptions
• Two (2) RFI's are assumed.
• Two (2) Change Orders are assumed
• One copy of full size (22"x34") mylars will be delivered to the CITY.
Deliverables
A. Public meeting exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
F. Record Drawings on Mylar
801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102
Kimley>»Horn
The following table summarizes the fee for this amendment by project phase:
Page 7
Description
Original Amend Amend
Fee No.1 No.2
Revised
Contract
Design Management
$25,200 - -
$25,200
Conceptual Design
$17,600 - -
$17,600
Preliminary Design
$139,700 - -
$139,700
Final Design
$88,700 - -
$88,700
Bid Phase Services
$18,500 - -
$18,500
ROW/Easement Services
$27,200 - -
$27,200
Survey and SUE
$60,700 - -
$60,700
Permitting Services
$22,400 - -
$22,400
Construction Phase Services
- $90,000 $83,500
$173,500
Total Project
$400,000 $90,000 $83,500
$573,500
Water
Sewer
Total
Original Contract
$400,000
$0
$400,000
Amendment No. 1
$90,000
$0
$90,000
Amendment No. 2
$83,500
$0
$83,500
Total
$573,500
$0
$573,500
Kimley-Horn will perform the construction phase services. During the project design the SBE
participation was revised to $127,192.00 (31.8%). The total contract SBE participation will remain
$127,192.00 (22.2%) for this amendment.
The following tables summarize our revisions to the SBE percentages:
kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102
Kimley»>Horn
Page 8
Amend. Amend. Revised
Original Fee Revised
Primary Scope No.1 No.2
Firm Responsibility Fee Modification Fee Fee Amount %
Amount
Amount Amount
Prime
Cnnci dtant
Kimley-Horn
Civil
and Assoc.,
Engineering/
$230,756
$42,052
$90,000
$83,500
$446,308
77.8%
Inc.
CCA
SBE Sub-
r'nnei il+nnfc
V&A
Cathodic
Consulting
Protection
$19,138
$0
$0
$0
$19,138
3.3%
Engineers,
Inc.
CMJ
Geotechnical
Engineering,
Engineering
$43,000
($9,248.50)
$0
$0
$33,751.50
5.9%
Inc.
Gorrondona
Survey and
$53,426
($973.50)
$0
$0
$52,451.50
9.1%
& Assoc., Inc.
Easements
Subsurface
The Rios
Utility
$21,550
(11,900)
$0
$0
$9,650
1.7%
Group
Engineering
JQ
Structural
Infrastructure
Engineering
$0
$12,200
$0
$0
$12,200
2.1%
, LLC
Non-SBE
Sub -
Consultants
Bennett Trenchless
Trenchless Engineering $32,130 ($32,130) $0 $0 $0 0%
Engineers
TOTAL $400,000 $0 $90,000 $83,500 $573,500 100%
801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102 817 335. 6511
���►1�>>ii ' '�>>> Horn
Total Contract
Description
Original
Revised
Contract
$400,000
$573,500
Amount
Total
$137,114
$127,192
Contract SBE
Total
Contract
34.3%
22.2%
SBE
Percentage
City's SBE
10.0%
10.0%
Goal
Attached is the hourly rate schedule for this amendment.
Page 9
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.
Texas Registration No. F-928
4 4, ., E.
John R. Atkins, P.E.
Sr. Vice President
KAFTW Utilities\061018227-CFW-FM-156\PPP\POST_NTP\Amendments\Amend-2\FM 156 Amendment 2 Summary Ltr.doex
801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX 76102
Kimley»)Horn
Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Senior Professional 1
$240 - $330
Senior Professional II
$295 - $350
Professional
$200 - $275
Analyst
$150 - $230
Senior Technical Support
$150 - $260
Technical Support
$105 - $135
Support Staff
$95 - $140
Effective through December 31, 2022
Subject to periodic adjustment thereafter
801 Cherry Street, Unit 11, Suite 950, Ft. Worth, TX 76102
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