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HomeMy WebLinkAbout061691-A1 - Construction-Related - Contract - Kimley-Horn and Associates, Inc.AMENDMENT No.1 CSC No. 61691-Al TO CITY SECRETARY CONTRACT No. 61691 WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and Associates, Inc., (ENGINEER) made and entered into City Secretary Contract No. 61691, (the CONTRACT) which was authorized by M&C 24-0488 on the 11th day of June, 2024, in the amount of $500,000; and WHEREAS, the CONTRACT involves engineering services for the following project: Mccart Berry Flood Mitigation Program, CPN 105198; and WHEREAS, it has become necessary to execute Amendment No. 1 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 $1,000,000. (See Attached Funding Breakdown Sheet, Page -4-) 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 $1,500,000. City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: June 13, 2025 Page 1 of 4 Mccart Berry Flood Mitigation Program CPN 105198 3. Exhibit B of the Contract is hereby deleted in its entirety and is replaced with the attached Exhibit B-1. 4 . 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. APPROVED: City of Fort Worth Jesica McEahern Assistant City Manager DATE: 11/05/2025 ATTEST: Jannette Goodall City Secretary APPROVAL RECOMMENDED: Lauren Prieur (Oct 30, 2025 09:19:40 CDT) Lauren Prieur, P.E. ENGINEER Kimley-Horn and Associates, Inc. Scott R Arnold, P.E. Vice President DATE: 10/22/2025 Director, Department of Transportation and Public Works City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: June 13, 2025 Page 2 of 4 Mccart Berry Flood Mitigation Program CPN 105198 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. �-O`��� Benjamin Thompson, P.E. Sr. Professional Engineer APPROVED AS TO FORM AND LEGALITY: ����� Douglas Black (Oct 31, 2025 15:14:37 CDT) M&C No.: 25-0932 M&C Date: 9/30/2025 Douglas W. Black Sr. Assistant City Attorney City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: June 13, 2025 Page 3 of 9 McCart Berry Flood Mitigation Program CPN 105198 FUNDING BREAKDOWN SHEET City Secretary No. 61691 Amendment No. 1 Project CF1- CF2 - Fund Dept ID Account Bond Amount ID Activity Reference 52008 0200431 4905449 105198 CAPEXP 9999 $800,000 52002 0200431 4905449 105198 CAPEXP 9999 $200,000 Total: $1,000,000 City of Fort Worth, Texas McCart Berry Flood Mitigation Program Prof Services Agreement Amendment Template CPN 105198 Revision Date: June 13, 2025 Page 4 of 9 ATTACHMENT B-1 COMPENSATION Design Services for McCart Berry Flood Mitigation Program City Project No. 105198 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateqory Rate for the ENGINEER's team member performing the work. Labor Cateaory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2025 Rate 2026 Rate $/hour $/hour Senior Pro'ect Mana er/Pro'ect Director 15+ ears $316 $332 Senior Professional/Senior Pro'ect En ineer 10+ ears $296 $311 Pro'ect Mana er 5+ ears $256 $269 Professional/Pro'ect En ineer 5+ ears $221 $232 Anal st III/EIT III 3+ ears $186 $195 Anal st II, EIT II 2+ ears $176 $185 Anal st I, EIT I 1+ ear $171 $179 Administrative $120 $125 Intern $100 $105 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 1 of 4 B-1 ATTACHMENT B-1 COMPENSATION If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 2 of 4 � ATTACHMENT B-1 COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Project Management and $840,000.00 84% Associates, Inc. Desi n Pro osed Sub-Consultants Gorrondona & Survey $50,000.00 5% Associates, Inc. The Rios Group, Inc. SUE $60,000.00 6% Freese and Nichols, Inc. Project Development $50,000.00 5% Assistance and QC TOTAL $1,000,000.00 100% Pro'ect Number & Name Total Fee Sub Fee McCart Berry Flood Mitigation $1,000,000.00 $140,000 Pro ram, CPN 105198 City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B-1) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 4 of 4 B-4 � R � 7 � V �O > C N d ci .� m � R O # u .y v o � �a` � � y a a '<U a E � z v N .-T. 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G C 2 ��U O c°1i Z 2` a .Z in r d � fn t1 d v t� o �, a v I � m G �0 � � V .. ; � V aa � _Vl fq a` G7 7� O � .in � m �n rn Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E!) fA E!) fA E!) fA E!) fA E!) fA E!) fA E!) fA OI E Q 0 0 0 � 0 0 0 � R J R O � o� O � �� N N U Z d � m ` o� a a7 yN � O o V a mx �� C � V c 7 � fA a 0 m 0 a � y N N C N a x w 0 � R C 0 Z 0 0 0 � 0 0 0 ts� w U > Z h x r w 7 G J r 0 � Kimley>>> Horn September 19, 2025 Via Email: Benjamin.Thompson@fortworthtexas.gov Benjamin Thompson, P.E City of Fort Worth Transportation and Public Works Department Stormwater Capital Delivery RE: Amendment No. 1-McCart Berry Flood Mitigation Program CPN 105198 Dear Mr. Thomspon, Kimley-Horn and Associates, Inc. (KHA) respectfully submits Amendment No. 1 for the referenced project. The original contract was $500,000 and Amendment No. 1 is for $1,000,000. The Amendment is for services required to complete the Project Development Phase for Phase 1 of the project. The services include performing surveying, geotechnical, subsurface utility engineering and conceptual design (30% plans) and coordination efforts. If you have any questions regarding the comments, please give me a call at 817-900-8525. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. State of Texas Registered Firm #928 _' �r V L,`�.k..� C'�,�s-� c_�-�- Misty Christian, P.E., CFM K:�FTW_Roadway\_Mazketing�Fort Worth�IvIccart Berry�Big ContracUPhase 2Wmendment cover letter for master contract_McCart Berry.docx c�ty of Fo�t wo�tn, Mayor and DATE: 09/30/25 Texas Council Communication M8�C FILE NUMBER: M&C 25-0932 LOG NAME: 20SWM MCCART BERRY FLOOD MITIGATION ENGINEERING SERVICES SUBJECT (CD 9) Authorize Execution of Amendment No. 1 in the Amount of $1,000,000.00 to an Engineering Agreement with Kimley-Horn and Associates, Inc., for Project Development and Design Services for the McCart Berry Flood Mitigation Program for a Revised Contract Amount of $1,500,000.00 RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 1 in the amount of $1,000,000.00 to an engineering agreement with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 61691) for project development and design services for the McCart Berry Flood Mitigation project (City Project No. 105198) for a revised contract amount of $1,500,000.00. DISCUSSION: On June 11, 2024, Mayor and Council Communication (M&C) 24-0488 authorized an engineering agreement with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 61691) in the amount of $500,000.00 for project development and design services for the McCart Berry Flood Mitigation Program. This M&C will authorize execution of Amendment No. 1 to the agreement and increase the contract amount by $1,000,000.00, for a revised contract amount of $1,500,000.00, for the McCart Berry Flood Mitigation Program. Key deliverables from the original contract include a detailed engineering model of existing and interim conditions of the storm drain system, design survey, plan and profile schematic alignment to identify initial project hurdles, and coordination with TCU on potential partnership opportunities. This amendment will build upon conceptual planning and project development already perFormed to progress toward final design over the next 12- 18 months. The work will ultimately include developing a conceptual plan, providing project development, defining the feasible project phases, preparing an overall implementation plan and schedule, identifying and mitigating risks for each phase, preparing engineering plans for construction, and providing construction phase services. Future amendments will be issued as additional funds become available, and the project scope becomes more defined. The contract duration will continue until work is complete or all funds are utilized. The following table summarizes previous contract actions and amendments: Agreement Amount Justification M&C No. Date Initial Contract CSC 61691 $500,000.00 Initial Agreement M&C 24-0488 06/11/2024 Identification and planning evaluation To be authorized via Amendment #1 $1,000,000.00 of several flood This M&C this M&C mitigation alternatives ContractTotal $1,500,000.00 Funding is budgeted in the Stormwater Capital Projects and Drainage Revenue Bonds Series 2023 Funds for the Transportation & Public Works Department for the purpose of funding the McCart Berry Flood Mitigation Program project. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, within the Stormwater Capital Projects Fund and the Drainage Rev Bonds Series 2023 Fund for the McCart Berry Flood Miti Prgm project to support the approval of the above recommendation and execution of the amendment to the agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Jesica McEachern 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 F�RT �URTH� Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Kimlev-Horn Amendment 1 M&C: 25-0932 CPN: 105198 CSO: 61691 DOC#: Date: To: Name Department Initials Date Out 1 Scott Arnold — Signature Engineer sr�a 10/22/2025 (Scott.Arnold@kimley-horn. com) 2. Ben Thompson - Signature TPW Project Mgr. a% 10/22/2025 3. Thanaa Maksimos — Review TPW Program Mgr. �T"` io/22/2025 4. Lissette Acevedo — Review TPW Sr. CPO � io/zs/zozs 5. Patricia Wadsack - Review TPW Asst. Dir. 1'L'W' 10/29/2025 6. Lauren Prieur - Signature TPW Dir. ?� lo/3o/zo2s 7. Doug Black - Signature Legal � 10/31/2025 8. Jesica McEachern - Signature CMO ���� 11/05/2025 9. Katherine Cenicola - Review CSO �� ii/o5/2025 10. Jannette Goodall - Signature CSO _ar._�,,, ii/os/zozs 11. Allison Tidwell - Review CSO � 12. TPW SW Contracts TPW SW CC: Program Manager — Thanaa Maksimos, Sr. CPO — Lissette Acevedo, TPW BSPAP Recon Team — Cindy Sengathith DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All docu�ncnts rcccivcd from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval �rst. Once the ACM has signed the routing slip, David will review and takc thc ncxt stcps. NEEDS TO BE NOTARIZED: ❑YES �No RUSH: ❑YES �No SAME DAY: ❑YES �No NEXT DAY: ❑YES �No ROUTING TO CSO: �YES ❑No Action Repuired: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: tpw sw contracts(a�fortworthtexas.�ov Ca11817-229-3283 with questions. Thank you!