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HomeMy WebLinkAboutContract 51297-R1A1 CITY SECRETARY CONTRACT No. 5►a 9-7-RW $ o� o4�e CITY OF FORT WORTH FIRST AMENDMENT and FIRST RENEWAL OF AGREEMENT This FIRST AMENDMENT and FIRST RENEWAL of AGREEMENT between the City of Fort Worth, ("CITY") and Freese and Nichols, Inc., ("CONSULTANT") renews the ORIGINAL AGREEMENT (City Secretary #51297), for the PROJECT generally described as: Drainage and Floodplain Review Services. WHEREAS,the ORIGINAL AGREEMENT and two subsequent renewals were authorized by M&C C-28828, September 11 2018;and WHEREAS,it has become necessary to amend the ORIGINAL AGREEMENT to insert a not-to-exceed termination date for the purpose of enhanced contract funding accountability; and WHEREAS,staff desires to renew the ORIGINAL AGREEMENT, as amended; and WHEREAS, sufficient funds for said renewal have been appropriated; NOW,THEREFORE,it is agreed by the CITY and CONSULTANT as follows: Article I The ORIGINAL AGREEMENT, at Article III,Term, therein, is hereby amended to read as follows: Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date,as described below,and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. In any event, however, this agreement shall terminate after five years from the effective date of the ORIGINAL AGREEMENT or any subsequent effective date established by renewal or amendment. This Agreement may be renewed up to two additional terms at the City's discretion. Article II The ORIGINAL AGREEMENT,as amended,is renewed for an additional term at the same dollar amount. Billing rates have been updated per Attachment B. Article III There are no other changes to the ORIGINAL AGREEMENT. REMAINDER OF PAGE INTENTIONALLY BLANK—SIGNATURE PAGE TO FOLLOW OFFICIAL RECUkU CITY SECRETARY FT WORTH, TX First Amend and First Renewal of Agreement CS#51297 Freese and Nichols,Inc. EXECUTED and EFFECTIVE as of the date subscribed ty the City's designated Assistant City Manager. APPROVED: City of Fort Worth Freese and Nichols,Inc. Darla Burghdo Scott u Interim Assistant City Manager Vice-President DATE: DATE: APPROVAL RECO William Johnson,Dire or Transportation/Publi orks 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. Frank Steven Mason,P.E.,CFM Production Manager APPROVED AS TO FORM AND LEGALITY: M&C: S' Date: 1'1 1 e Do glas W. Black Sr.Assistant City Attorney Eli ary J.K I ��9 G OFMCIAL RECORD City Secretary CETV SECRETARY Fl. WORTH,TX First Amend and First Renewal of Agreement CS#51297 Page 2 of 2 Freese and Nichols,Inc. ATTACHMENT "A" Scope of Work Drainage Review Assistance Services City Project No. The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. Under this scope, "CITY" is expanded to include the City of Fort Worth Project Manager and/or their representatives or designees. OBJECTIVE Freese & Nichols, Inc.. (Consultant)will provide 1) assistance in review of iSWM and Grading Plans, ISWM Construction Plans, Infrastructure Plans, CIP Construction Plans (Grading and Drainage), and Floodplain Studies and Permit Applications for the City of Fort Worth Department of Transportation and Public Works; 2) training for Consultants in the Land Development Community; and 3) Assistance and Maintenance of the iSWM Dashboard. WORK TO BE PERFORMED Task 1. Management Task 2. Task Order Implementation Task 3. iSWM and Grading Plan Review Task 4. iSWM Construction Plan Review Task 5. Infrastructure Plan Review Task 6. CIP Plan Review (Grading and Drainage) Task 7 Floodplain Studies and Permit Applications Task 8 Training for Consultants in the Land Development Community TASK 1. 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. 1.1. Managing the Team • Lead, manage and direct team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 7 • The Consultant will maintain a log of all drainage reviews in a manner approved by the City Project Manager. The log will include project name and number, dates of receipt of plans, name of review engineer, date of completion of review, and status of review. • At the request of the City Project Manager, the Consultant will attend meetings with the Developer and Developer's Engineer to discuss comments. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Complete Monthly SBE and MBE Report Form and Final Summary Payment Report Form at the end of the project. • 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. DELIVERABLES A. Drainage Review Logs. B. Monthly invoices. C. Monthly progress reports. D. Monthly M/WBE Report Form and Final Summary Payment Report Form. TASK 2. TASK ORDER IMPLEMENTATION 2.1 Initiate Task Order Request The City Project Manager will notify the Consultant when a project is to be reviewed. Plans will be submitted to the Consultant in a digital format by email or the Consultant will be asked to obtain printed plans from the City The City will screen the application for completeness and specifically request the type of review needed, i.e. iSWM Plan, Grading Permit, iSWM Construction Plan, or other review. The package will include the information submitted to the City such as completed checklists, plans, computations, reports, and computer models. The City Project Manager will also provide additional background information needed by the Consultant such as existence of known downstream drainage and flooding problems. The notification to Consultant will constitute the Task Order Notice to Proceed. 2.2 Initial Review Comments will be shown with red marks on plan and calculation sheets and will be accompanied by brief commentary on each comment, within a transmittal letter or comments added in the City of Fort Worth Accela tracking system. Transmittal letters will be signed and sealed by the Review Engineer. Reviewed plans and transmittal letters will be electronically transmitted to the City in digital format and hand delivered to the City later. The Consultant will be available to discuss comments with the City City of Fort Worth,Texas Attachment A Page 2 of 6 Project Manager as needed. The City Project Manager will be responsible for providing comments to the Developer and Design Engineer unless the ENGINEER is requested to do so. 2.3 Subsequent Review Reviews of revised plans will be prepared in the same manner as for initial reviews. 2.4 Project Closeout When all comments have been addressed to the satisfaction of the City, the City Project Manager will notify the Consultant and the particular review will be considered closed. TASK 3. iSWM AND GRADING PLAN REVIEW 3.1 Initial iSWM Plan Review In general the purpose of an iSWM plan review is to confirm that adequate outfall exists and that adverse impacts will not result from the proposed project. Specific items to be reviewed for existing, proposed, and ultimate conditions include drainage area delineations and area computations, proper use of runoff coefficients and composite runoff coefficient computations, and analysis of downstream drainage capacity. Detention calculations and modeling will be required for those projects where detention is required. 3.2 Subsequent iSWM Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. Subsequent reviews may include review of Stormwater Facilities Maintenance Agreements (SWFMA), Preliminary Plats, and Final Plats. DELIVERABLES A. iSWM and Grading Plans with Redline Comments. B. Comment Letter(signed and sealed) and/or entry into Accela. C. PDF of iSWM Plans with Redline Comments. D. PDF of Comment Letter for each review. TASK 4. iSWM CONSTRUCTION PLAN REVIEWS 4.1 Initial iSWM Construction Plan Review iSWM Construction Plans will be reviewed to determine appropriateness of the individual BMP for the particular application. This will include review of capacity calculations, notes, and construction details. City of Fort Worth,Texas Attachment A Page 3 of 6 4.2 Subsequent iSWM Construction Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. iSWM Construction Plans with Redline Comments. B. Comment Letter (signed and sealed) and/or entry into Accela. C. PDF of iSWM Construction Plans with Redline Comments. D. PDF of Comment Letter for each review. TASK 5. INFRASTRUCTURE PLAN REVIEW 5.1 Pre-submittal Plan Review Consultant will review submitted plans and provide comments at the pre-submittal meeting held on Thursday Consultant will attend the pre-submittal meeting and discuss plan comments with the applicant. 5.2 Initial Infrastructure Plan Review Infrastructure plans will be reviewed for conformance with City Drainage criteria. Plans will be reviewed in Autodesk Buzzsaw when required. 5.3 Subsequent Infrastructure Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. Infrastructure Plans with Redline Comments. B. PDF of Grading Plans with Redline Comments. C. PDF of Comment Letter and/or entry into Accela for each review. TASK 6. CIP CONSTRUCTION PLANS 6.1 Initial CIP Construction Plan Review CIP construction plans reviews will focus on the assessment of proposed drainage and grading improvements for compliance with City requirements. Generally, the review will include drainage area delineations, hydrologic parameters, runoff calculations, spread of water calculations, inlet capacity, hydraulic grade line City of Fort Worth,Texas Attachment A Page 4 of 6 calculations, outfall protection / energy dissipaters, constructability and downstream impacts. Comments will provided on the plans or through Buzzsaw. 6.2 Subsequent CIP Construction Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. iSWM CIP Construction Plans with Redline Comments. B. PDF of iSWM CIP Construction Plans with Redline Comments. C. PDF of Comment Letter and/or entry into Accela for each review. TASK 7. FLOODPLAIN STUDIES AND PERMIT APPLICATIONS 7.1 Initial Floodplain Studies and Permit Applications Review In general the purpose of a Floodplain Studies and Permit Applications review is to insure the submissions follow the City of Fort Worth, State, and Federal requirements for each respective study and permit application. A very detailed review and analysis of these submittals is required by a person experienced and competent in this type of work. There might be meetings with the applicants accompanied with this task that the ENGINEER is expected to attend if needed and/or requested. 7.2 Subsequent Floodplain Studies and Permit Applications Reviews Reviews of revised studies and permits will be handled and prepared in the same manner as for initial reviews. DELIVERABLES A. Floodplain Studies Reviews with Redline Comments. B. Floodplain Permit Applications with Redline Comments. C. Comment Letter(s) (signed and sealed) and/or entry into Accela for each review. D. PDF of Floodplain Studies and Permit Applications with Redline Comments. E. PDF of Comment Letter(s) for each review. F. Monthly tracking of projects costs in a separate tab the follows the current tracking of iSWM projects on the Excel format. TASK 8. TRAINING FOR CONSULTANTS IN LAND DEVELOPMENT COMMUNITY 8.1 Develop plans and strategies for Land Development Consultant Training. • Identify most frequent issues and review problems from past drainage review projects. City of Fort Worth,Texas Attachment A Page 5 of 6 • Meet with City Drainage Review Staff to discuss and formulate best strategy for training. 8.2 Prepare materials for formal training sessions. • Use case studies from past City and Land Development Consultant reviews. • Employ Land Development Consultant and City Drainage Review Staff experiences. • Use specific submitted/reviewed projects for examples. Such submitted/reviewed projects will have names of projects and persons removed • Prepare a "lessons learned" document that can be forwarded to consultants and posted on the City website. This will be a living document to be revised over time. 8.3 Prepare and provide to Land Development Consultants additional, simplified checklists and instructions to address the most frequent drainage submittal errors. 8.4. Conduct training sessions with Land Development Consultants 8.5. Document all training with digital products such as Power Points, handouts, etc. 8.6. Repeat training sessions up to three times. DELIVERABLES A. Lessons learned documents. B. Training materials such as Power Point presentations and handouts. C. Simplified checklists City of Fort Worth,Texas Attachment A Page 6 of 6 Attachment B COMPENSATION Drainage Review Assistance Services City Project No. Time and Materials with Rate Schedule Project I. 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 Category Rate for the ENGINEER's team member performing the work. Labor Category 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. A summary of current hourly billing rates is provided below.- Position Rate Professional - 1 113 Professional -2 137 Professional -3 156 Professional -4 178 Professional - 5 209 Professional -6 240 Construction Manager- 1 91 Construction Manager-2 117 Construction Manager- 3 138 Construction Manager-4 173 CAD Technician/Designer- 1 96 CAD Technician/Designer- 2 126 CAD Technician/Designer- 3 153 Corporate Project Support- 1 92 Corporate Project Support-2 111 Corporate Project Support- 3 148 Intern/Coop 57 Technology Charge 8.50 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, City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 5 B-1 Attachment B COMPENSATION 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. 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 PMO Official Release Date:8.09.2012 Page 2 of 5 B-2 Attachment B COMPENSATION IV. Summary of Total Project Fees Firm Primary Fee Amount % Responsibility Prime Consultant Freese and Nichols, Engineering Reviews $629,000 85.0% Inc. SBE Sub-Consultant Shield Engineering Engineering Reviews 111,000 15.0% Non — MIWBE Consultants N/A TOTAL $740,000 100% Project Number and Name Total Fee M/WBE Fee M/WBE % Drainage Review Assistance $740,000 $111,000 15.0% City M/WBE Goal = 15% Consultant Committed Goal = 15.0% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 5 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) 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 PMO Official Release Date:8.09.2012 Page 4 of 5 B-4 Freese and Nichols,Inc. Invoice-T&PW 4055 International Plaza,Suite 200 Proj.Invoice No. Fort Worth, TX 76109 Invoice date: Tel:817-735-7300 Period (From-To) Fax: 817-735-7491 DOE No. email:pia@freese.com T&PW Proj No. City Secy.Cont.No. COFW Project Manager Steve Mason,PE Consultant's Project Manager: Dwain Brown,PE Name of Project: DRAINAGE REVIEW ASSISTANCE Work Phase STORM DRAINAGE Revised Amt. Orig.Amount incl.Amendment OAAO Drainage Review Assistance $ $ CONTRACT AMOUNT $ $ - TOTAL CONTRACT AMOUNT $ TOTAL CONTRACT AMOUNT TO DATE(including amendments) $ STORM DRAINAGE DRAINAGE TOTAL CONTRACT REVIEW DESCRIPTION OF WORK THIS INVOICE PREVIOUS AMT. NUMBER INVOICES REMAINING Drainage Reviews $ - $ - $ - List all amendments to date (Do not invoice for additional work until the related amendment has been executed by the city) City Secy. Date Amendment No. Description Contract No. Executed by Total Amount for the City amendment 1 2 $ - 3 $ - 4 $ - TOTALS $ - TOTAL THIS INVOICE 50.00 Make all checks payable to:Freese and Nichols, Inc. Submitted by:Christopher Moss,PE,Project Manager Freese&Nichols,Inc. 4055 International Plaza,Suite 200 Fort Worth,TX 76109 Accounting Representative:Stephanie Kirchstein City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 5 of 5 B-5