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HomeMy WebLinkAboutContract 57027-A2CSC No. 57027-A2 AMENDMENT No . 2 TO CITY SECRETARY CONTRACT No. 57027 WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn Associates, (ENGINEER) made and entered into City Secretary Contract No. 57027, (the CONTRACT) which was authorized M&C 22-0042 on the 11th day of January, 2022, in the amount of $1,454,775.00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment No.l in the amount of $683,930.00 authorized by M&C 24-0066 on January 23, 2024; and WHEREAS, the CONTRACT involves engineering services for the following project: Marine Creek Sanitary Sewer Parallel Interceptor, CPN 103497; 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 $ 77,100. 00 (Sewer: $77,100. 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 $2,215,805.00. 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 City of Fort Worth, Texas W&SS Repl. Contract 2020, WSM-M Prof Services Agreement Amendment Template CPN 103413 Revision Date: 12/08/2023 Page 1 of 2 EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. APPROVED: City of Fort Worth Fernando Costa Assistant City Manager DATE: Sep 13, 2024 �nn FORT °aa ATTEST: g,.o O90 S PVo g=d 3dan aEXPso4 Jannette Goodall City Secretary APPROVAL RECOMMENDED: Chi'isf00l7ej' ffgJ'deJ' Christopher Harder (Sep 11, 202414:55 CDT) Christopher Harder, P. E. Director, Water Department Contract Compliance Manager: ENGINEER Kim1Pv-Horn Assn -fates, Inc. X. _ E. John Atkins, P.E. Vice President DATE: 09/05/2024 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. for L3 Z Conlon Project Manager M&C No.#: N/A APPROVED AS TO FORM AND LEGALITY: M&C Date: N/A Douglas Black (Sep 13, 202414:30 CDT) Douglas W. Black Form 1295: N/A Sr. Assistant City Attorney OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY W&SS Repl. Contract 2020, WSM-M Prof Services Agreement Amendment Template CPN 103413 Revision Date: 12/08/2023 FT. WORTH, TX Page 2 of 2 Kimley»>Horn September 4, 2024 Mr. Liam Conlon Project Manager City of Fort Worth Water Department 200 Texas Street Fort Worth, TX 76102 Re: Marine Creek Sanitary Sewer Parallel Interceptor M-279 and M-245B Amendment No. 2 — Construction Phase Services for Part 1 M-245B Slipline KHA No. 061018412 City Project No. 103497 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 01-13-2022 referred herein as the "Contract". The City has requested that Kimley-Horn perform additional services under Amendment Number 2 for the Marine Creek Sanitary Sewer Parallel Interceptor M-279 and M-245B project which are out of the scope of services as defined in the Contract. These services include construction phase services for the Part 1 M-245B construction project. Service details are further described as follows: CONTRACT TASK 6 — CONSTRUCTION PHASE SERVICES (Water$0, Sewer$77,100) $ 77.100 Kimley-Horn $ 77,100 Total 6A.1 Construction Phase Services — Part 1 ENGINEER will complete the following additional tasks in accordance with the Original Contract: • Attend the preconstruction conference. • Prepare for and attend public meeting. The City shall select a suitable location and mail the invitation letters to the affected customers. o Prepare and distribute Meeting Notes. • On -site Observation o Make up to nine (9) 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 Kimley»>Horn Page 2 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 o Attend monthly progress meetings (up to 9). Shop drawing, samples and other submittals Review o Review up to thirty (30) shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. o 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. o Log all shop drawings, samples and other submittals. • Substitutions o 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): o Provide necessary interpretations and clarifications of contract documents, and make recommendations as to the acceptability of the work for up to eight (8) 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. Kimley»>Horn Page 3 • Change Orders o Provide support for up to two (2) 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 Walk Through o 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. o 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. Engineer shall not have the authority or responsibility to stop the work of any Contractor. We recommend that the City increase the budget by $77,100 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 — Design Management $0 $0 $0 Task 2 — Conceptual Design (30%) $0 $0 $0 Task 3 — Preliminary Design (60%) $0 $0 $0 Task 4 — Final Design (90% and 100%) $0 $0 $0 Task 5 — Bid Phase Services $0 $0 $0 Task 6 — Construction Phase Services $0 $77,100 $77,100 Task 7 — ROW/Easement Services $0 $0 $0 Task 8 — Survey and SUE Services $0 $0 $0 Task 9 — Permitting $0 $0 $0 Total $0 $77,100 $77,100 The following table summarizes the Fee per Work Phase breakdown: Work Phase Water Sewer Total 30 $0 $77,100 $77,100 Kimley»>Horn Page 4 The following table summarizes our recommended budget revisions and shows the revised contract amount: Original Contract Amendment No. 1 Amendment No. 2 Revised Contract Task 1 $57,100 $9,900 $0 $67,000 Task 2 $208,100 $0 $0 $208,100 Task 3 $354,850 $173,180 $0 $528,030 Task 4 $363,730 $309,340 $0 $673,070 Task 5 $31,640 $48,200 $0 $79,840 Task 6 $0 $0 $77,100 $77,100 Task 7 $55,370 $25,200 $0 $80,570 Task 8 $176,830 $53,500 $0 $230,330 Task 9 $207,155 $64,610 $0 $271,765 Total Project $1,454,775 $683,930 $77,100 $2,215,805 The following breakdown for water and sewer services is recommended: Original Contract Amendment No. 1 Water Fee Sewer Fee I Survey Fee $345,045 $932,900 I $176,830 $154,098 $476,332 I $53,500 Amendment No. 2 I $0 Total $499,143 Total $1,454,775 $683,930 $77,100 I $0 $77,100 $1,486,332 I $230,330 $2,215,805 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 '4. 'fqq� , , , • John R. Atkins, P.E. Vice President J RA/waw Copy to: Tony Sholola, P.E., City of Fort Worth Attachments - Level of Effort Spreadsheet KAFTW_Utilities\061018412-Marine-Creek-Sanitary-Sewer\PPP\POST_ NTP\Amendment\Amendment-2\Amend ment-No-2_Marine-Creek-SS-M279-M245B.doe Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Marine Creek Sanitary Sewer Parallel Interceptor - Amendment No. 2 City Project No. 103497 Laborlhoursl Expense Task Description Task No. Principal Rate $380.00 Project Manager $360.00 Project Engineer $300.00 EIT $250.00 Total Labor Subconsultant Admin Cost MWBE Non-MWBE Markup $150.00 Travel/ Task Sub ExTotal pense Reproduction / Cost Total Fees I Permitting 6A Construction Phase Services - Part 1 - 0 63 101 931 0 6A.1 Construction Support Attend Public Meeting 2 2 Prepare Public Meeting Exhibit 1 1 3 Prepare for and Attend Precon 2 2 2 Coordination Meetings/Site Visits (1/mefor 9 me) 18 18 18 Meeting Notes 3 9 9 Review Material Testing Reports 5 5 15 Shop Drawings Submittals (30) 15 35 RFIs (8) 8 8 16 Change Orders (2) 4 10 8 Final Acceptance Walkthrough 3 3 6 Record Drawings 2 16 $76,800 $0 $0 $0 $300 $300 $77,100 $0 $300 $0 $0 $1,400 $0 $1,400 $1,500 $0 $1,500 $1,900 $0 $1,900 $0 $0 $0 $16,400 $300 $16,700 $6,100 $0 $6,100 $7,100 $0 $7,100 $0 $0 $0 $15,900 $0 $15,900 $9,300 $0 $9,300 $6,500 $0 $6,500 $3,500 $0 $3,500 $7,200 $0 $7,200 66 Construction Phase Services - Part 2 0 (To be Included in Future Contract) 0 0 0 0 $0 $0 $0 $0 $0 $0 $o 6C Construction Phase Services - Part 3 0 (To be Included in Future Contract) 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 Subtotall 0 63 101 93 0 $76,800 $0 $0 $0 $300 $3001 $77,106 Description Desiy Total City of Fort Worth, Texas Amendment 1 - Level of Effort Supplement Typical Water and Sewer Replacement FWWTR Official Release Date: 8.09.2012 Water Line Footage OI 0% Sewer Line Footage 500I 100% 500 100% (A) Total Fee $77,100 (B) Survey Fee $0 (C) Total Fee (-) survey Fee $77,100 Water Fee Sewer Fee $0.00 $77,100.00 WP Water Sewer I 30 $0.00 {f $77,100.00 I $77, 00.00 I Totals: $77,100 I Project Summary I Total Hours 257 I Total Labor $76,800 I Total Expense $300 I MWBESubconsultan $0 I Non-MWBE Subconsultant $0 MWBEParticipation 0.0% 9/4/2024 Completed Percent Amount Complete sol 0.00% so 001 0.00 Page 1 of 1