HomeMy WebLinkAboutContract 34445-A5 AMENDMENT No.5 CITY SECRETAW
CONTRACT N0.
TO CITY SECRETARY CONTRACT No.
WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc. ,
(ENGINEER) made and entered into City Secretary Contract No. 34445, the
CONTRACT) which was authorized by M&C C-21884 on the 12th day of December,
2006 in the amount of $ 263, 346.00; and
WHEREAS, the CONTRACT was subsequently revised by: Amendment Number
1 in the amount of $576, 320 . 00 which was authorized by M&C # C-22439 on
the 9th day of October 2007, Amendment Number 2 in the amount of
$53, 210 . 00 which was authorized by M&C # C-24149 on the 14th day of April
2010, Amendment Number 3 in the amount of $216, 662 . 00 which was
authorized by M&C # C-25311 on the 14th day of December 2011; and
WHEREAS, the CONTRACT involves engineering services for the
following project:
Precinct Line road from Hurst Boulevard (State Highway 10) to Concho
Trail; and
WHEREAS, it has become necessary to execute Amendment No. 5 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 February 24, 2014, 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 $49, 166. 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 paidby e 1 y for a 1
work and services shall be an amount of $1, 169, 304 . 00 . OFFICIAL RECORD
CITY SECRETARY
3 . FT.WORTH,TX
All other provisions of the Contract, which are not expressly
Page - 1 -
RECEIVED APR 18 2014
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 and Nichols, Inc.
Fernando Costa Chris Bosco, P.E.
Assistant City Manager Principal
DATE: -4X /�� DATE: -</-
APPR AL RECOMMENDED:
Douglas4V. Wiersig, P
Director, Transportat on/Public Works Department
APPROVED AS TO FORM AND LEGALITY: M&C : G Z6 S Y
Date: /
Douglas W. Black
Assistant City Attorney
ATTEST: 01-.00000
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Mary J. I<a r j►°O°°°°°°°®°`�
City Secretary S
OFFICIAL RECORD
Page - 2 - CITY SECRETARY
F7, WORTH,TX
FUNDING BREAKDOWN SHEET
City Secretary No. 34445
Amendment No. 5
Department Fund-Account-Center Amount
20 C200 531200 204230014780 $24, 258 . 00
20 C200 531200 204230014730 24, 908 . 00
Total : $49, 166 . 00
Page - 3 -
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/8/2014
DATE: Tuesday,April 08,2014 REFERENCE NO.: **C-26754
LOG NAME: 20PRECINCT LINE ROAD AMENDMENT 5
SUBJECT:
Authorize Execution of Amendment No. 5 to City Secretary Contract No. 34445, an Engineering Services
Agreement with Freese and Nichols,Inc.,in the Amount of$49,166.00 for the Design of Precinct Line Road
from Hurst Boulevard, State Highway 10, to Concho Trail for a Total Contract in the Amount of
$1,169,304.00(COUNCIL DISTRICTS 4 and 5)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 5 to City Secretary
Contract No. 34445 an Engineering Services Agreement with Freese and Nichols,Inc.,in the amount of
$49,166.00 for the design of Precinct Line Road from Hurst Boulevard, State Highway 10,to Concho Trail,
for a total contract cost in the amount of$1,169,304.00.
DISCUSSION:
This Agreement is for the design of Precinct Line Road as a four lane divided major arterial between Hurst
Boulevard and Concho Trail (City Project No. 00147). The project includes reconstruction and widening of
the existing bridge and drainage culvert as well as double track at the existing railroad crossing in
coordination with The T.This amendment is for additional construction phase services which are necessary
due to the complexity of the project and associated coordination with Texas Department of Transportation
(TxDOT),The T, and the construction contractor.
This contract amendment also provides for additional engineering services needed for the preparation of
separate construction bid documents for the installation of the proposed street light poles and fixtures.
Separate construction documents are required due to TxDOT design standards that prevent the installation of
street light poles and fixtures as part of the roadway construction because of the proposed median width.
However,the proposed median width and associated clearances meet City standards for the installation of
street light poles.Funding for this amendment will be provided from the 2004 Capital Improvement Program.
The following table summarizes previous contract action and amendments:
Amount Pr ' ct Descri tin M&C No. AU12roved
Schematic design for Precinct
Initial Contract $263,346.00 Line Road from Hurst C-21884 12/12/2006
Boulevard to Trammel Davis
[Road
Development of 30 percent to
Amendment No. 1 $576,320.00 Final design plans for Precinct C-22439 10/9/2007
Line Road
Amendment No. 2 $53,210.00 Waterline relocation, C-24149 4/6/2010
archeological survey
Development of conceptual to
Amendment No. 3 $216,662.00 Final design plans for Trinity C-25311 12/14/2011
Boulevard
Amendment No. 4 $10,600.00 Waterline relocation N/A 11/30/2012
Amendment No. 5 $49,166.00 Street light bid package and
construction phase services
Total $1,169,304.00
Freese and Nichols,Inc.,proposes to complete Amendment No. 5 for a fee not to exceed$49,166.00
increasing the total contract to$1,163,304.00. Staff considers this fee to be fair and reasonable for the scope
of services to be performed.
This project is located in COUNCIL DISTRICTS 4 and 5,Mapsco 52Z, 66D and 67A.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated,of the Street Improvements Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 531200 204230014780 $24.258.00
C200 531200 204230014730 $24,908.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W.Wiersig (7801)
Additional Information Contact: Dennis R.Ingram (2294)
ATTACHMENTS
1. 2012recinct line orad amendment 5 00147 FAR-00021.pdf
2. C200 99901.doc
3.Precinct Line Road Amendment-5 00147.pdf
4. Precinct Line Road Revised Contract Amendment No 5.12df
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FREESE
4055 International Plaza,Suite 200 • Fort Worth,Texas 76109 • 817-735-7300 • fax 817-735-7491 www.freese.com
February 24,2014
Dennis Ingram, PE
Project Manager
City of Fort Worth
1000 Throckmorton Ave
Fort Worth,TX
Re: Precinct Line Road and Trinity Boulevard
General Representation during construction
Street illumination design
Dear Mr.Ingram:
Please find the revised amendment for Precinct Line Roadway.This reduction in scope and fee is based
upon your e-mail dated February 13, 2014.
We look forward to continued cooperation on the completion of this project.
Sincerely,
Alex Garcia, PE, PTOE
Project Engineer
John Dewar, PE
Principal
Attachments
Scope of Services
Level of Effort Spreadsheet
ATTACHMENT "A"
Scope of Services
WORK TO BE PERFORMED
TxDOT Roadway Construction:
Task 1. Construction Phase Services — Precinct Line Road &Trinity Boulevard
Street Illumination:
Task 2. Design Management
Task 3. Final Design
Task 4. Bid Phase Services
Task 5. Construction Phase Services
Task 6. Plan and Submittal Checklists
Tasks 1 & 5 will be billed on a cost-plus basis; tasks 2, 3, 4 & 5 will be billed as lump sum.
TxDOT Roadway Construction
TASK 1. CONSTRUCTION PHASE SERVICES.
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.
ENGINEER will support the construction phase of the project as follows.
1.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• The ENGINEER shall attend up to 6 periodic construction progress meetings.
• The ENGINEER shall visit the project site up to 2 times at requested intervals as
construction proceeds to observe and report on progress.
• The ENGINEER shall review water and sewer 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 as requested by TxDOT. Such review 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. The
ENGINEER will not be responsible for review of roadway, bridge, drainage, wall
submittals and will not be responsible for logging and tracking of submittals.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
• The ENGINEER shall attend the"Final" project walk through and assist with preparation
of final punch list.
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner,
which are not included in the above described basic services, are described as follows:
A. Preparation of record drawings. As TxDOT will be managing construction, TxDOT will
maintain the project documentation in order to prepare red-lined as-built drawings.
B. Preparation of Conformed or "As Bid" plans and specifications for use during the
construction phase.
C. Performing investigations, studies and analyses of substitutions of equipment and/or
materials or deviations from the drawings and specifications.
D. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
E. Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
agreement.
F. Visits to the site in excess of the number of trips included in Article I for periodic site
visits, coordination meetings, or contract completion activities.
G. Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s)to complete the work within the contract time.
H. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
I. Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control of FNI.
J. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
K. Provide follow-up professional services during Contractor's warranty period.
L. Attendance at public meeting prior to construction
Street Illumination
Freese and Nichols will prepare street illumination plans in accordance with the conduit and
foundation plans prepared for the Precinct Line and Trinity Boulevard project to be constructed
by TxDOT. This design will include the wiring and street lighting fixtures for approximately 1,200
LF (6 fixtures) along Trinity Boulevard and 3,800 LF (17 fixtures) along Precinct Line Road
including the bridge (3 fixtures). This set of plans and specifications will be for a separate bid
package to be constructed after the completion of the TxDOT roadway construction.
TASK 2. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of
ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate
effectively, coordinate internally and externally as needed, and proactively address issues with
the CITY's Project Manager and others as necessary to make progress on the work.
2.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
2.2. Communications and Reporting
• Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional designs
that meet CITY requirements
• Conduct review meetings with the CITY at the end of each design phase. Up to one (1)
total.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Coordinate with other agencies and entities as necessary for the design of the proposed
infrastructure, and provide and obtain information needed to prepare the design
• Personnel and Vehicle Identification: When conducting site visits to the project location,
the ENGINEER or any of its sub-consultants shall carry readily visible information
identifying the name of the company and the company representative.
ASSUMPTIONS
• Coordination with permitting authorities will not be necessary
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Plan Submittal Checklists ( See Task 6)
TASK 3. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100
PERCENT).
• Site Visit
• ENGINEER will visit to site to review conduit and foundations were constructed in
accordance with plans.
• Utility Clearance
• ENGINEER will coordinate with entity to obtain electrical service for the location
• Final draft construction plans (90%) and specifications shall be submitted to CITY per the
approved Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (100%)to the CITY per the approved Project Schedule. Each plan
sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas.
• The ENGINEER shall submit a final design estimate of probable construction cost with both
the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid
items.
ASSUMPTIONS
• As conduit and foundations have been prepared for the TxDOT construction contract of
Precinct Line Road and Trinity Boulevard, those drawings will serve as the preliminary plans
and the illumination design will proceed to 90%.
• Six (6) sets of 11x17 drawings, six (6)sets of 2204 drawings and six(6)sets of
specifications will be delivered for the 90% Design package.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• One (1) set of 22x34 drawings and one (1) sets of specifications will be delivered for the
100% Design package.
• A DWF file for the 100 % Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• Estimated Plan Sheet List
• Cover
• Sheet Index
• Location map
• Legends
• Plan Layout sheets (3)
• One-Line Diagram /Schedules
• Details (2)
DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. Detailed estimates of probable construction costs including summaries of bid items and
quantities using the CITY's standard bid items and format.
D. Original cover mylar for the signatures of authorized CITY officials.
TASK 4. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
4.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto Buzzsaw for
access to potential bidders.
• Contract documents shall be uploaded in a .xIs file.
• Unit Price Proposal documents are to be created utilizing CFW Bidtools only and
combined in a specified spreadsheet workbook, Bid Proposal Worksheet
Template, and will be populated and configured so that all pages are complete
and the Summary Worksheet(s) in the workbook detail and automatically
summarize the totals from the inserted Unit Price Proposal document
worksheets.
• Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and Awf files. The
.pdf will consist of one file of the entire plan set. The Awf will consist of individual
files, one for each plan sheet, and will be numbered and named in a manner
similar to that of the plan set index.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• Tabulate and review all bids received for the construction project, assist the CITY in
evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation
and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be
uploaded into the project's Bid Results folder on Buzzsaw.
4.2 Final Design Drawings
• Final Design Drawings shall be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher)file and DWF format. There shall be one (1) PDF file and
one (1) DWF file (created from CAD application of drawing) for the TPW plan set
and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file
shall be created from the original CAD drawing files and shall contain all associated
sheets of the particular plan set. Singular PDF and DWF files for each sheet of a
plan set will not be accepted. PDF and DWF files shall conform to naming
conventions as follows:
I. TPW file name example — "W-1956—org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "—org" designating the file is of
an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053—org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org" designating
the file is of an original plan set, "36" shall be the total number of sheets in this
file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in
Buzzsaw.
• In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as
an individual DWG file with all reference files integrated into the sheet. If the plans
were prepared in DGN format, they shall be converted to DWG prior to uploading. The
naming convention to be used for the DWG files shall be as follows:
I. TPW files shall use the W number as for PDF and DWF files, but shall include
the sheet number in the name—"W-1956_SHT01.dwg", "W-
1956_SHT02.dwg", etc.
II. Water and Sewer file names shall use the X number as for PDF and DWF
files, but shall include the sheet number in the name—"X-12155_SHT01.dwg",
"X-12755_SHT02.dwg", etc.
For information on the proper manner to submit files and to obtain a file number for the
project, contact the Department of Transportation and Public Works Vault at telephone
number (817) 392-8426. File numbers will not be issued to a project unless the
appropriate project numbers and fund codes have been assigned and are in the
Department of Transportation and Public Works database.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• Up to ten (10) sets of construction documents will be printed and delivered to City
• Six (6) sets of 22x34 size plans and specifications (conformed, if applicable)will be
delivered to the CITY.
• PDF, DWF and DWG files will be uploaded to Buzzsaw.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
TASK 5. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
5.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre-construction conference, the ENGINEER shall provide project exhibits
and attend public meeting to help explain the proposed project to residents. The CITY
shall select a suitable location and mail the invitation letters to the affected customers.
• The ENGINEER shall visit the project site up to one time during construction to
observe progress.
• The ENGINEER shall review street lighting 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. Such review 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. The ENGINEER shall log and track all
shop drawings, samples and other submittals in Buzzsaw.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
• The ENGINEER shall attend the"Final' project walk through and assist with preparation
of final punch list.
5.2 Record Drawings
• The ENGINEER shall prepare record drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction. The
following information shall be provided by the CITY:
o As-Built Survey
o Red-Line Markups from the Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project as
constructed. The stamp shall be signed and dated by the ENGINEER and shall be
placed on each plan sheet, whether there are any revisions on the sheet or not. Each
sheet shall clearly indicate all changes which apply to that sheet by clouding and
numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by others
and represent the as constructed conditions to the extent that documented
changes were provided for recording. The ENGINEER assumes no liability
for undocumented changes and certifies only that the documented changes
are accurately depicted on these drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped
as Record Drawings, on mylar for record storage. The ENGINEER may keep copies
of the information provided by the CITY for their files, but all original red-lined
drawings shall be returned to the CITY with the mylars.
• Record Drawings shall also be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher)file and DWF format. There shall be one (1) PDF file and
one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the
Water plan set. Each PDF and DWF file shall contain all associated sheets of the
particular plan set. Singular PDF and DWF files for each sheet of a plan set will
not be accepted. PDF and DWF files shall conform to naming conventions as
follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is of
an original pian set, "47" shall be the total number of sheets in this file.
Example: W-0053—org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org" designating
the file is of an original plan set, "36" shall be the total number of sheets in this
file.
Example: X-12755—org18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in
Buzzsaw.
For information on the proper manner to submit files and to obtain a file number for the
project, contact the Department of Transportation and Public Works Vault at telephone
number(817) 392-8426. File numbers will not be issued to a project unless the
appropriate project numbers and fund codes have been assigned and are in the
Department of Transportation and Public Works database.
ASSUMPTIONS
• One (1) site visit is assumed.
• Two (2) submittal reviews are assumed.
• Two (2) RFI's are assumed.
• One (1) Change Order is assumed.
• Public meeting will not be required
• One copy of full size (22"x34") mylars will be delivered to the CITY
DELIVERABLES
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
D. Record Drawings
TASK 6. PLAN SUBMITTAL CHECKLISTS
Engineer shall complete and submit Plan Submittal Checklists in accordance with the following
table:
PLAN SUBMITTAL CHECKLIST REQUIREMENTS
Traffic
Control
Street 90%
Attachment"A" Lights
Type (Submit Required
All @ for all
30% work in
city
ROW
Street X X
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in the
tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written
request. Any additional amounts paid to the ENGINEER as a result of any material change to the
Scope of the Project shall be agreed upon in writing by both parties before the services are
performed. These additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection and
re-bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
• Preparing conformed documents
• Attend Pre-bid conference for lighting contract
• Selling contract documents and maintaining planholders list for illumination
bidding.
• CITY will manage all submittals during construction
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