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HomeMy WebLinkAboutContract 48477-A1 RECENEa CITY SECRETARY AMENDMENT No. 1 CONTRACT NO. AUG- 9 2018 SECRETARY TO CITY SECRETARY CONTRACT No. 48477 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc . , (ENGINEER) made and entered into City Secretary Contract No. 48477, (the CONTRACT) which was authorized by M&C C-28011 on the 6th day of December, 2016 in the amount of $ $124 , 000 . 00 ; and WHEREAS, the CONTRACT involves engineering services for the following project : Lake Worth Dam Rehabilitation and Improvements; 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 a proposal dated July 9, 2018 , a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $20 , 504 . 00 . (See Attached Funding Breakdown Sheet, Page -3-) 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 $144, 504 . 00 . 3 . All other provisions of the Contract, which are not expressly City of Fort Worth OFFICIAL RECORD Professional Services Agreement Amendment Template CFW Official Release 9/19/2017 CITY SECRETARY Page 1 of 4 FT.WORTH,TX amended herein, shall remain in full force and effect . EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED : City of Fort Worth ENGINEER Freese n ' cho s, Inc . Jesus J. Chapa John Rutledge, P.E. Assistant City Manager Vice president/Principal DATE: Jr` DATE: APPROVAL RECOMMENDED: Christopher P . Harder, P.E. Interim Director, Water Department Contract Compliance Manager : By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract , including ensuring all performance and reporting requirements . Joh Lopez Project Manager City of Fort Worth OFFICIAL RECORD CITY$E Professional Services Agreement Amendment Template CRETARY CFW Official Release 9/19/2017 we�t�rto v Page 2 of 4 WO"No�• o Tx APPROVED AS TO FORM AND LEGALITY: M&C: bZA Date : Douglas W. Black Assistant City Attorney ATTEST: z r4 Mary J. a s r City Se etary XAS N RECORD RETARY N TX City of Fort Worth Professional Services Agreement Amendment Template CFW Official Release 9/19/2017 Page 3 of 4 FUNDING BREAKDOWN SHEET City Secretary No. 48477 Amendment No. 1 Department Fund-Account-Center Amount 0600430 56002 5330500 20 , 504 . 00 Total : 20 , 504 . 00 City of Fort Worth Professional Services Agreement Amendment Template CFW Official Release 9/19/2017 Page 4 of 4 approachesInnovative FREESE Pr ctical results Irm,"INKH 1 4055 International Plaza,Suite 200 Fort Worth,Texas 76109 • 817-735-7300 • fax 817-735-7492 www July 9, 2018 Mr.John Lopez City of Fort Worth Water Department 200 Texas Street Fort Worth,TX 76102 Re: Lake Worth Dam Construction Phase Dear Mr. Lopez: We are pleased to provide you with this proposal for professional services in connection with the construction phase portion of this Project. Our effort is described in the attached scope of services. The fee for the proposed basic services is a not to exceed amount of$20,504.00. We anticipate this effort will include up to 136 hours for on-site observations of the work for the following critical items: Manhole Drain Improvements and Weir Box. Spillway Underdrains. Concrete Spall and Crack Repair. We anticipate that this effort will be in the form of an amendment to the current professional services contract. Please let us know if you need any additional information. Please feel free to contact us if you have any questions at(817) 7357300. Sincerely, �AAX" Janis Murphy, P.E. Project M ager John Rutledge, P.E. Principal L•\Resources\OLCR\F\Fort Worth\FTW16591\Amendment#1\Proposal Letter.docx ATTACHMENT A SCOPE OF SERVICES LAKE WORTH DAM REHABILITATION PROJECT CONSTRUCTION PHASE SERVICES Freese and Nichols (FNI), as engineer, will render the following professional services in connection with the construction phase portion of this Project. A. Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect Owner in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor,or any safety precautions and programs relating in any way to the condition of the premises,the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. Modifications to these services required by use of other general conditions or contract administration procedures is an additional service. B. The duties, responsibilities and the limitations of authority of the General Construction Representative, and designated assistants, are as follows: 1. General Construction Representative is Engineer's agent at the site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding General Construction Representative's actions. General Construction Representative's dealings in matters pertaining to the on-site Work shall in general be with Engineer and Contractor, keeping City advised as necessary. General Construction Representative's dealings with Subcontractors shall only be through or with full knowledge and approval of Contractor. General Construction Representative shall generally communicate with City with the knowledge of and under the direction of Engineer. C. Duties and Responsibilities of General Construction Representative: 1. Conferences and Meetings: Attend 1 Pre-Construction meeting and up to 4 project coordination meetings (that are directly related to the project scope for the General Construction Representative)with Contractor. 2. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents; and assist Engineer in serving as City's liaison with Contractor when Contractor's operations affect City's on-site operations. b. Assist in obtaining from City additional details or information, when required for proper execution of the Work. 3. Review of Work, Rejection of Defective Work, Inspections and Tests: 1 a. Conduct up to 136 hours for on-site observations of the Work in progress for the following scope items to determine if the Work is in general proceeding in accordance with the Contract Documents. For each day of field work approximately two (2) hours per day will be office time to be allotted for construction contract administration and report preparation. 1. Manhole Drain Improvements and Weir Box. 2. Spillway Underdrains. 3. Concrete Spall and Crack Repair. In this effort FNI will endeavor to protect the Owner against defects and deficiencies in the work of Contractors and will report any observed deficiencies(in accordance with General Construction Representative's scope of work) to Owner. Contractor shall provide 2-week notification prior to starting each of these three scope items listed above. Any on-site observations of the work outside the following scope items will be considered an additional service. b. Report to Engineer whenever General Construction Representative believes that any Work (in accordance with General Construction Representative's scope of work)will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents,or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of Work the General Construction Representative believes should be corrected or rejected or should be uncovered for observation,or requires special testing, inspection or approval. c. Verify that tests conducted in the presence of appropriate personnel, and the Contractor maintains adequate records thereof; and observe record and report to Engineer appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. 4. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 5. Request for Revisions: Consider and evaluate Contractor's suggestions for revisions to Drawings or Specifications and report with General Construction Representative's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 6. Reports: a. Furnish to Engineer daily construction reports (in accordance with General Construction Representative's scope of work for time on site only) as required of progress of the work and of Contractor's compliance with the progress schedule and schedule of Shop Drawings submittals. 2 b. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work. c. Report immediately to Engineer and City the occurrence of any accident. 7. Payment Requests: Review Applications for Payment (in accordance with General Construction Representative's scope of work) with Contractor for compliance with the established procedure of the payment requested to the schedule of values,Work completed and materials and equipment at the Site but not incorporated in the Work. D. Limitations of Authority of General Construction Representative : 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment(including "or-equal" items), unless authorized by Engineer. 2. Shall not exceed limitations of Engineer's authority as set forth in Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractor, Suppliers, or Contractor's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods,techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of City or Contractor. 6. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by Engineer. 3 ATTACHMENT CO COMPENSATION Compensation to FNI for Basic Services in Attachment A shall be computed on the basis of the Schedule of Charges, but shall not exceed Twenty Thousand Five Hundred Four Dollars and No Cents ($20,504). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment A, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charges: Position Min Max Professional 1 79 125 Professional 2 102 150 Professional 130 208 Professional 4 141 246 Professional 196 305 Professional 206 374 Construction Manager 1 83 164 Construction Manager 2 113 170 Construction Manager 3 161 192 Construction Manager 4 172 259 CAD Technician/Designer 1 62 121 CAD Technician/Designer 2 98 142 CAD Technician/Designer 3 115 188 Corporate Project Support 1 46 110 Corporate Project Support 2 66 155 Corporate Project Support 3 89 242 Intern/Coop 42 73 Rates for In-House Services Technology Charge Bulk Printing and Reproduction $0.00 per hour B&W Color Small Format(per copy) $0.10 $0.25 Travel Large Format(per sq.ft.) Standard IRS Rates Bond $0.25 $0.75 Glossy/Mylar $0.75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting (per sq.ft.) $2.00 Binding(per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performinq the same or similar services. These ranges and rates will be adjusted annually in February. Last updated February 2018. 350022018