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Contract 38811-A1
Cffy s'ECpV� COWRA►Ct AMENDMENT NO. 1 (No M&C Needed) STATE OF TEXAS S COUNTY OF TARRANT S WHEREAS, the City of Fort Worth (City) and URS Corporation, (Engineer) made and entered into City Secretary Contract No. 38811, (the Contract) which was authorized by the City Council by M&C C-23580 on the 6th day of June, 2009 in the amount of $158,236.00; WHEREAS, the Contract involves engineering services for the following project: 2008 CIP Neighborhood Street Project, Contract 9B, Project No. 01269 WHEREAS, it has become necessary to execute Amendment No. 1 to said Contract to include an increased scope of work and revised maximum 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 a proposal letter dated March 20, 2012, a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer total $10,246. 98 . 2 . Article II of the Contract is amended to provide for an increase in the maximum fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by City of Fort Worth,Texas Amendment to Engineering Agreement to PMO Official Release Date:6.18.2010 Page 1 of 2 the City for all work and services shall not exceed the sum of $168,482 . 98 . 3 . All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the -<A .ty of h ) , 2012, in Fort Worth, Tarrant County, T 0.000o00004� f U ATTEST: -� p L.0 0°��4�� (� :;00 0 Y� 0� �0�d ry' a�11°0 'a Ma City Secr4atary APPROVAL RECO14MNDED: APPROVED: a4 0. 1'j � 4 -� - Dougla A. Wiersig, PI.A. Director, Fernando Costa Transportation and Putlic Works Assistant City Manager URS Corporation ENGINE`E�R / By: ay Name: Dev Rastogi, PE Vice President 1950 North Stemmons Freeway, Suite 6000 Dallas, Texas 75207 APPROVED AS TO FORM AND LEGALITY: W,�4y Assistant City Attorney City of Fort Worth,Texas Amendment to Engineering Agreement PMO Official Release Date 6 18.2010 Page 2 of 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX March 20, 2012 Mr. Gopal Sahu,PE Senior Project Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Request for Amendment No. 1 —Revision 2 2008 CIP Neighborhood Streets Project, Contract 9B City Project No. 01269 URS Project No. 25335249 Dear Mr. Sahu: This letter is in response to the City's request for additional engineering design services for the above referenced project. The services as described below for Amendment No. 1 are in addition to or modify our current scope of services for this project. During the February 22, 2012 meeting held in your office and per your electronic mail dated March 8, 2012, URS is directed to include sidewalk construction/replacement on all the streets within the project scope. The original contract only included sidewalk construction/replacement for Glencoe Terrace, West Jessamine Street, Lipscomb Street and West Myrtle Street. Additionally, during the project site review visit with David Rolls held on February 29, 2012, Mr. Rolls requested the expansion of some street pavement and replacement of existing ADA ramps not previously identified for replacement (please refer to my March 1, 2012 electronic message identifying these items). To include sidewalk construction/replacement along West Baltimore Avenue, South Adams Street, West Lowden Street and Ryan Place Drive and those items identified by Mr. Rolls will require additional design effort, revisions to the existing construction documents, and revisions to the quantity take-off and cost opinion. At the cited meeting, URS was directed to prepare the project manual utilizing the current version of the City of Fort Worth specifications and construction contract documents. Per the contract for this project, URS prepared and submitted the project manual on May 24, 2011 with the 60% Completion Submittal package for the project. The 60%project manual was prepared per City standards in place at the time of the submittal. To revise the previously submitted project manual to meet current City standards will require a significant modification of the previously submitted project manual. The bid proposal will require complete revisions to utilize current bid item numbers, descriptions, and specification references, and an update of the quantities to correlate with the current bid item units of measure/payment. Additionally, associated notations on the construction drawings will require revision and preparation of water, sanitary sewer, and storm drain detail sheets will need to be prepared and included in the construction drawing set (water, sanitary sewer, and storm drain details were typically included in the 41. , � it,f)r 1 3"'�,tiuiimi' 4verwe �u t� hll fort Vvwtr_ T 76102 1e 8;7 390100,1 raz 81?882 9452 www urscoro.com URS Mr. Gopal Sahu, P.E. March 20, 2012 Page 2 of 5 project manual per previous City standards). URS considers these items to be additional services beyond the current scope of services. During the project site review visit with David Rolls held on February 29, 2012, it was discovered that Washington Avenue had recently been reconstructed. This impacts the current design of the intersection of Washington Avenue and W. Myrtle Street. In order to revise the 60% submittal drawings to account for this recent construction, the intersection of Washington and W. Myrtle needs to be surveyed to attain the current paving configuration and elevations. Mr. Rolls concurred with this matter. The current construction drawings for Myrtle St. will require revisions to incorporate and address the recent Washington Ave. construction. Also, a minor amount of project management effort will be required to amend the current subconsultant agreement and coordinate with the survey subconsultant, ANA Consultants, LLC, for the definition,performance, and delivery of the revised survey information. At the time of contract execution, the project was envisioned as being let for construction as two separate bid packages. However, it has been recently determined the project will be let as a single bid package. Therefore, some of the initially anticipated reproduction costs will not be incurred and should be credited back to the City. The majority of the reproduction services were to be performed by a M/WBE subcontractor, Arlington Blueline. Therefore, the credit/reduction of anticipated reproduction costs will have a negative impact upon the M/WBE participation percentage previously identified for the project. Additionally, as discussed, a portion of Sanitary Sewer L-413 requires replacement where it crosses over the existing and proposed water lines in Jessamine Street. Record drawings indicate L-413 was constructed utilizing vitrified clay tile pipe. Current TCEQ design criteria requires sanitary sewer crossings of this nature to be constructed of pipe materials with a minimum 150 psi pressure rating or be encased in a joint of 150 psi pressure rated pipe at least 18 feet long and centered over the potable water line. Per your direction at the March 2,2012 meeting in your office and your electronic mail dated March 6, 2012, the City will address this matter during the construction phase and will not require input or design efforts from URS. A breakdown of URS' proposed fee for the above described additional engineering design services and the credit for a portion of the original reproduction costs are provided below. A level of effort spreadsheet itemizing the anticipated hours to perform the identified additional engineering services is attached. URS CORPORATION-ADDITIONAL ENGINEERING DESIGN SERVICES 1. Additional Project Management Services-Provide additional project management oversight, team meeting, contract and subconsultant contract modifications, and quality control review of additional surveying and engineering services products itemized above. a. Additional Project Management services = $ 825.00 2. Additional Sidewalks along West Baltimore Avenue, South Adams Street, West Lowden Street and Ryan Place Drive - Provide engineering services for the design of sidewalk improvements and revision of pavement construction drawings for approximately 2,970 linear feet of 4 foot wide TIM Mr. Gopal Sahu, P.E. March 20, 2012 Page 3 of 5 concrete sidewalk and appropriate ADA ramps. Additional engineering design services also include an update of cross sections,project quantities, and the opinion of probable construction cost. a. Additional Design Fee for approx. 2,970 LF of sidewalk/ADA ramps = $ 4,958.12 3. Project Manual Revision—Revise the 60%Project Manual to conform utilizing the City's new construction document and specification system. Additional engineering design services also include preparation of water, sanitary sewer, and storm drain detail plan sheets (estimated to be 7 sheets) to be included in the construction drawing set. a. Additional services fee to revise 60%Project Manual utilizing new City construction document and specification system = $ 1,912.50 4. Redesign Washington/W. Myrtle Intersection—Provide engineering services for the redesign of W. Myrtle St. to accommodate the recent construction performed on Washington Ave. through the intersection with W. Myrtle St.. Additional engineering design services include the revision of one plan and profile sheet, confirmation of drainage patterns, an update of project quantities, and the opinion of probable construction cost. a. Additional services fee for redesign of Washington/W. Myrtle St. Intersection = $ 1,509.38 5. Other Direct Costs a. Subconsultant Mark-up (10% of[$2,000.00- $1,148.20]) _ $ 85.18 b. Reproduction=(7 New Sheet)(1 Mylar Set)($15.00/Sheet) _ $ 105.00 Total Other Direct Costs = $ 190.18 TOTAL FEE FOR ADDITIONAL ENGINEERING DESIGN SERVICES = $ 9,395.18 ANA CONSULTANTS, LLC—ADDITIONAL SURVEYING SERVICES 6. Additional Topographic Survey Services—Provide additional topographic survey services to obtain field data of the recently re-constructed intersection of Washington Ave. and W. Myrtle St. The additional survey services include combining the new survey data with the original survey data, preparing a MicroStation CAD file, point listing, and a TIN file, and developing existing contours for the W. Myrtle St. project area. a. Additional survey services for the intersection of Washington Ave. W. Myrtle St. _ $ 2,000.00 Mr. Gopal Sahu, P.E. March 20, 2012 Page 4 of 5 TOTAL FEE FOR ADDITIONAL TOPOGRAPHIC SURVEYING SERVICES = $ 2,000.00 ARLINGTON BLUELINE—REPRODUCTION SERVICES 7. Credit of Reproduction Due to Single Construction Contract—Provide credit for reproduction costs associated with letting of a single construction package rather than two construction packages as initially identified. a. Reproduction Credit = ($ 1,148.20) TOTAL FEE CREDIT FOR REDUCED REPRODUCTION SERVICES = ($ 1,148.20) Summary-Amendment No. 1 The additional fees to provide the above mentioned additional services are as follows: ANA GM Consultants, CMJ Enterprises Arlington LLC Enterprises, (Drilling) Blueline (M/WBE) Description URS Fee M/WBE) Inc. (MWBE) (M/WBE) % Surveying $0.00 $2,000.00 $0.00 $0.00 $0.00 100.00% Geotechnical $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Design $9,395.18 $0.00 $0.00 $0.00 $0.00 0.00% Services Reproduction $0.00 $0.00 $0.00 $0.00 ($1,148.20) -100.00% Total Fee $9,395.18 $2,000.00 $0.00 $0.00 ($1,148.20) 8.3% Contract Summary Original Contract Amount $158,236.00—Approved 6/9/2009 Amendment No. 1 $ 10,246.98—Requested herein Total Revised Amount $168,482.98 The total M/WBE fee participation for this project with Amendment No. 1 will be $35,577.80 ($34,726.00+ $2,000.00 - $1,148.20 = $35,577.80) or a total M/WBE percentage of 21.12%. VR Mr. Gopal Sahu, P.E. March 20, 2012 Page 5 of 5 This proposal assumes there will not be any new City standard drawings and/or details utilized for this project, and there are no major utility conflicts. Attached is a level of effort spreadsheet that provides an hourly and cost breakdown for the additional fees. Please contact me if you have any questions regarding this contract amendment. Thank you for the opportunity to provide professional engineering services to the City of Fort Worth, Texas. Sincerely, URS CORPORATION Douglas C. Mikeworth, P.E. Sr. Project Manager c: File DCM:dcm ; §§ 888885I . 48 882 as � w§_§ % § `g§ � , k# . #� . . . .# 22 s as § a # # §■2 § 8 a � ■ . � U 9k% $ _ ■ R m _ § § . � � . # . ■ 8##■# . . . ■t Ike 'Jill _ � 287f \ _ 2f Sao U § 2 2 ( of § o � o � �$e - � w 7 a § \ ! � ae --- 8.R)#22© #■ 22 # j e $ z 2@ k222��# a ! B ` _ § § f- - --£-- ID C § # , 2 &©- K ■ ! $a k k 2 � k)) ! � ƒ` ca $!u} a. I§ $■t oo� � �-� & 2! 3 ■ $ ! `�° o�$ 5000 Thompson Terrace Colleyville,Texas 76034 CaNSULTAIJ7 !. (817) 335-9900 - - Fax (817) 335-9955 PROPOSAL PROJECT NAME: City of Fort Worth 2008 Neighborhood Streets Project,Contract 9-13 PROJECT No.: Proposal CLIENT: URS Corporation CONTACT: Douglas C.Mikeworth, PE ADDRESS: 1300 Summit Ave. Suite 600 Fort Worth,TX 76102 SCOPE: A.N.A.will provide office support and field crews for topographical survey of intersection at Myrtle St.and Washington Ave.also curb, gutter and centerline of Washington Ave. 150' +/_north and south of Myrtle St. COMPENSATION: Lump Sum$2,000 Services covered by this authorization shall be performed In accordance with PROVISIONS stated on the attached form. Approved for CLIENT Accepte fo A.N. .C sultants,'L.L.C. By: By: a iel Fiore Title: . Title: Construction Manager Date: Date: 03113/12 CLIENT SATISFACTION IS OUR BUSINESS LL A. PROVISIONS AUTHORIZATION TO PROCEED ARBITRATION Signing this form shall be construed as authorization by CLIENT for A.N.A. All claims,disputes,and other matters in question arising out of, or to proceed with the work, unless otherwise provided for in the relating to,this Authorization or the breach thereof maybe decided by authorization. arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or A.N.A.may initiate a LABOR COSTS request for such arbitration, but consent of the other party to such A.N.A.'s Labor Cost shall be the amount of salaries paid A.N.A.'s procedure shall be mandatory. No arbitration arising out of,or relating employees for the work performed on CLIENTS Project plus a stipulated to this Authorization may Include,by consolidation,joinder,or in any percentage of such salaries to cover all payroll-related taxes,payments, other manner,any additional party not a party to this Authorization. premiums,and benefits. LEGAL EXPENSES DIRECT EXPENSES In the event legal action is brought by CLIENT or A.N.A.against the A.N.A's Direct Expense shall be those costs incurred on or directly for the other to enforce any of the obligations hereunder or arising out of any CLIENT'S Project including but not limited to necessary transportation dispute concerning the terms and conditions hereby created,the losing costs including mileage at A.N.A.'s current rate when its automobiles are party shall pay the prevailing party such reasonable amounts forfees, used,meals and lodging,laboratory test and analyses,computer services, cost and expenses as may be set by the court. word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual PAYMENT TO A.N.A., L.L.C. charges when furnished by A.N.A.Consultants,L.L.C. Monthly Invoices will be issued by A.N.A.for all work performed under the terns of this agreement. Invoices are due and payable on receipt. OUTSIDE SERVICES Interest at the rate of 1.5%per month will be charged on all past-due When technical or professional services are furnished by an outside amounts,unless not permitted by law,in which case,interest will be source,when approved bythe CLIENT,an additional amount of 10%shall charged at the highest amount permitted by law. be added to the cost of these services for AKA's administrative cost. LIMITATION OF LIABILITY COST ESTIMATES A.N.A.'s liabilityto the CLIENTfor any cause or combinationof causes Any cost estimates provided by A.N.A.will be on a basis of experience and is in the aggregate, limited to an amount no greater than the fee earned under this agreement. judgement,but since it has no control over market conditions or bidding procedures A.N.A.cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by PROFESSIONAL STANDARDS A.N.A.if authorized in writing by CLIENT. Additional services will be A.N.A.shall perform its professional services pursuant to the standard of paid forby CLIENT as Indicated in attached Basis of Compensation or care which would be applied by a reasonable and prudent registered as negotiated. professional engineer in the State of Texas providing services under the same or similar scope of service for the same or similar types of projects. SALES TAX In accordance with the State Sales Tax Codes, certain surveying WARRANTY services are taxable. Applicable sales tax is not included in the above A.N.A.'s services are professional services limited to the exercise of proposed fee. Sales tax at an applicable rate will be indicated on judgment and the rendering of advice and opinions and,as such,A.N.A. invoice statements. makes no warranty,express or implied. SURVEYING SERVICES TERMINATION In accordance with the Professional Land Surveying Practices Act of Either CLIENT or A.N.A.may terminatethis authorization bygiving30days 1989, the client is informed that any complaints about surveying written notice to the other party. In such event CLIENT shall forthwith pay services may be forwarded to the Texas Board of Professional Land A.N.A. in full for all work previously authorized and performed prior to Surveying,7701 North Lamar,Suite 400,Austin,Texas 78752,(512) effective date of termination. If no notice of termination is given, 452-9427, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this In case any one or more of the provisions contained in this Authorization. Agreement shall be held Illegal,the enforceability of the remaining provisions contained herein shall not be impaired thereby.