HomeMy WebLinkAboutKimley-Horn and Associates 2008-03-03; Amendment 1 2009-08-20DORIGINAL
AMENDED SCOPE OF SERVICES
AMENDMENT NUMBER ONE (1)
CITY OF UKIAH
AND
KIMLEY-HORN AND ASSOCIATES, INC.
AMENDMENT NUMBER ONE (1) dated A, Z, to the
contract between The City of Ukiah, California, ("Client") and Kimley-Horn and
Associates, Inc., (hereafter referred to as "KHA" or "Engineer") dated 0.412 . A2
("the Agreement') concerning the Storm Drain Rehabilitation Proiect at the
Ukiah Municipal Airport.
KHA has entered into the Agreement with Client for the furnishing of professional
services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include
Additional Services to be performed by KHA and provisions for additional compensation
by the Client to the KHA, all as set forth in Exhibit A hereto. The parties ratify the terms
and conditions of the Agreement not inconsistent with this Amendment, all of which are
incorporated by reference.
CITY OF UKIAH, CA
KIMLEY-HORN AND ASSOCIATES, INC.
Title: Title:
Ukiah, Califomia Page 1 of 6
Ukiah Municipal Airport
August, 2009 Amendment One
/\ Kmley-Horn
and Associates, Inc.
Exhibit A to Amendment Number One (1),
dated
The original agreement was for KHA to design and subsequently assist the City with
advertising for the first phase of Storm Drain Rehabilitation at the Ukiah Municipal
Airport. This Amendment is for KHA to provide construction phase services for the first
phase of Storm Drain Rehabilitation at the Ukiah Municipal Airport.
This Amendment provides fora two tiered approach for the construction phase services.
With Tier One (1), KHA will provide part time assistance to City inspection staff during
construction. With Tier Two (2), KHA will provide full time construction observation
services during construction.
Task
Tier One (1)
Tier (2)
Construction Services
Construction Services
Time on Site
Up to eight (8) days.
Up to forty (40) days.
Assumes four (4) two-day
Assumes eight (8) five-day
trips including both travel
weeks including both travel
and on-site time.
and on-site time.
Pre -Construction
KHA will attend and have
KHA will take the lead on
limited participation.
the preconstruction
conference including
scheduling, agenda,
minutes and reporting back
to the FAA.
Safety and Phasing
KHA will provide input to
KHA will take the lead in
the City.
working with the City,
Contractor and FAA to
develop, coordinate and
implement the construction
safety plan.
Weekly Meetings
KHA will schedule the two-
KHA will organize and lead
day trips to try to coincide
weekly safety and
with the weekly meeting as
progress meetings
appropriate.
complete with agenda and
minutes.
Submittals
KHA will provide a cursory
KHA will review and
review and provide input to
respond to the Contractor
the City.
on behalf of the City.
Construction Dia
N/A
KHA will maintain the FAA
Ukiah, California
Ukiah Municipal Airport
August, 2009
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Amendment One
EM" IGmley-Hom
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Clarifications and Assumptions (Dependent on the Tier and Direction from the
9!!Yh
a) Notice to Proceed and Tier Selection. The City will specify in the Notice to
Proceed (NTP) to KHA which Tier to implement and the associated, revised Not to
Exceed compensation level.
Ukiah, California Page 3 of 6 DM" Nmley-Ham
Ukiah Municipal Airport and AssocUes, he_
August, 2009 Amendment One
required construction diary.
Technical Guidance/RF1's
KHA will provide a cursory
KHA will review and
review and provide input to
respond to the Contractor
the City.
on behalf of the City.
Change Orders
KHA will provide a cursory
KHA will take the lead on
review and provide input to
preparing independent
the City.
estimates and negotiating
Change Orders. Budgets
will be strictly monitored
and coordinated with the
City.
Certified Payroll
N/A
KHA will track, collect and
review certified payroll.
Labor Interviews
N/A
KHA will complete labor
interviews.
FAA Weekly Reports
KHA will provide input to
KHA will prepare FAA
the City.
weekly reports and submit
to the FAA on behalf of the
City.
Inspection/Quality
KHA will provide input to
KHA will provide inspection
Control/Quality Assurance
the City.
services as well as track
and monitor QC/QA on
behalf of the City.
Punchlist and
KHA will provide input to
KHA will take the lead on
Substantially Complete
the City.
behalf of the City.
Project/Grant Closeout
N/A
KHA will take the lead on
behalf of the City.
General Comment
KHA time budgeted for this
KHA time and effort
Tier will be limited to the
budgeted for this Tier is full
eight (8) days with minimal
time extension of City staff.
to no office time.
Clarifications and Assumptions (Dependent on the Tier and Direction from the
9!!Yh
a) Notice to Proceed and Tier Selection. The City will specify in the Notice to
Proceed (NTP) to KHA which Tier to implement and the associated, revised Not to
Exceed compensation level.
Ukiah, California Page 3 of 6 DM" Nmley-Ham
Ukiah Municipal Airport and AssocUes, he_
August, 2009 Amendment One
b) Visits to Site and Observation of Construction. On-site services visits and
observations by KHA 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 review, and similar methods of general observation of the Work based on
KHA's exercise of professional judgment. Based on information obtained during
such visits and such observations, KHA will evaluate whether Contractor's work is
generally proceeding in accordance with the Contract Documents, and KHA will keep
Client informed of the general progress of the Work. The purpose of KHA's site visits
will be to enable KHA to better carry out the duties and responsibilities specifically
assigned in this Agreement to KHA, and to provide Client a greater degree of
confidence that the completed Work will conform in general to the Contract
Documents. KHA shall not, during on-site services or as a result of such
observations of Contractor's work in progress, direct, or have control over
Contractor's work, nor shall KHA 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, KHA 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.
c) Recommendations with Respect to Defective Work. KHA will recommend to
Client that Contractor's work be disapproved and rejected while it is in progress if, on
the basis of such observations, KHA believes that such work will not produce a
completed Project that conforms generally to Contract Documents.
d) Clarifications and Interpretations. KHA will respond to reasonable and
appropriate Contractor requests for information and issue necessary clarifications
and interpretations of the Contract Documents to Client as appropriate to the orderly
completion of Contractor's work. Any orders authorizing variations from the Contract
Documents will be made by Client.
e) Change Orders_ KHA may recommend Change Orders to Client, and will review
and make recommendations related to Change Orders submitted or proposed by the
Contractor.
f) Submittals, Shop Drawings and Samples. KHA will review and approve or take
other appropriate action in respect to Shop Drawings and Samples and other data
which Contractor is required to submit, but only for conformance with the information
given in the Contract Documents. Such review and 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.
g) Substitutes and "or -equal." KHA will evaluate and determine.the acceptability of
substitute or "or -equal" materials and equipment proposed by Contractor in
accordance with the Contract Documents, but subject to the provisions of applicable
standards of state or local government entities.
h) Inspections and Tests. KHA may require special inspections or tests of
Contractor's work as KHA deems appropriate, and may receive and review
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Ukiah Municipal Airport
August, 2009
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certificates of inspections within KHA's area of responsibility or of tests and
approvals required by laws and regulations or the Contract Documents. Independent
testing by KHA is not part of this scope of services. KHA's review of such certificates
will be for the purpose of determining that the results certified indicate compliance
with the Contract Documents and will not constitute an independent evaluation that
the content or procedures of such inspections, tests, or approvals comply with the
requirements of the Contract Documents. KHA shall be entitled to rely on the results
of such tests and the facts being certified.
i) Disagreements between Client and Contractor. KHA will, if requested by Client,
render written decision on all claims of Client and Contractor relating to the
acceptability of Contractor's work or the interpretation of the requirements of the
Contract Documents pertaining to the progress of Contractor's work. In rendering
such decisions, KHA shall be fair and not show partiality to Client or Contractor and
shall not be liable in connection with any decision rendered in good faith in such
capacity.
j) Substantial Completion. KHA will, promptly after notice from Contractor that it
considers the entire Work ready for its intended use, in company with Client and
Contractor, conduct a site visit to determine if the Work is substantially complete.
Work will be considered substantially complete following satisfactory completion of
all items with the exception of those identified on a final punch list. If after
considering any objections of Client, KHA considers the Work substantially complete;
KHA will notify Client and Contractor.
k) Final Notice of Acceptability of the Work_ KHA will conduct 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 KHA may recommend, in writing,
final payment to Contractor. Accompanying the recommendation for final payment,
KHA shall also provide a notice that the Work is generally in accordance with the
Contract Documents to the best of KHA's knowledge, information, and belief based
on the extent of its services and based upon information provided to KHA upon
which it is entitled to rely.
1) Limitation of Responsibilities._ KHA 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. KHA shall not have the
authority or responsibility to stop the work of any Contractor.
Schedule:
KHA has developed this proposal and the associated fees under the assumption
that all work will be completed within six (6) months of receiving a Notice to
Proceed from the City.
Ukiah, California
Ukiah Municipal Airport
August, 2009
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Amendment One
l� Iftley--Horn
and Associates, k.
Compensation:
This amendment increases the Not -To -Exceed amount of the overall agreement
on a labor fee plus expenses basis as follows:
KHA will provide the services described on a labor fee plus expense basis. Fees
will be invoiced monthly based on the actual amount of service performed and
expenses incurred. Payment will be due within 25 days of the date of the
invoice. Labor fee will be billed according to the following rate schedule.
Title
NTE
Cumulative NTE
Original Design
Agreement
$190,377
$212
Tier One
$45,000
$235,377
Tier Two (additional
amount to add Tier Two)
$45,000
$280,377
KHA will provide the services described on a labor fee plus expense basis. Fees
will be invoiced monthly based on the actual amount of service performed and
expenses incurred. Payment will be due within 25 days of the date of the
invoice. Labor fee will be billed according to the following rate schedule.
Title
Hourly Rate
Principal
$245
Project/Task Manager
$212
Engineer, Project Accountant/Inspector II
$154
Des ig ner/CADD/Ins ector I
$100
Clerical/Administrative
$82
(1) These rates are effective until June 30, 2010. A 5% escalation to cover
salary increases will be applied on July 1s` of each subsequent year
(2) Direct reimbursable expenses such as express delivery services, fees,
air travel, sub -consultants and other direct expenses will be billed at 1.05
times cost. Allocated Expenses (in-house blueprinting, in-house
duplication, local mileage, word processing computer time, postage,
facsimile and telephone) are incorporated into the hourly rates.
Administrative time related to the project may be billed hourly. Technical
use of computers for design, analysis, GIS, and graphics, etc. will be
billed at $25.00 per hour. All permitting, application, and similar project
fees will be paid directly by the Client.
KHA will provide all of the services in the original Agreement, as well as the
Tier 2 services in this Amendment, including all labor and expenses, for a Not
to exceed amount of $280,377.
Ukiah, California
Ukiah Municipal Airport
August, 2009
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Amendment One
❑IGmley-Nom
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