HomeMy WebLinkAboutContract 53101-A1 CSC No. 53101-A1
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AMENDMENT No.1
TO CITY SECRETARY CONTRACT
WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols,
Inc. , (ENGINEER) made and entered into City Secretary Contract No.
53101, (the CONTRACT) which was administratively authorized on the
19t' day of November, 2019 in the amount of $258,140.00; and
WHERUM, the CONTRACT involves engineering services for the
following project:
Additional Emergency Streambank Stabilization for Two 90-Inch
Sanitary Sewer Mains; and
WHEMAS, 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 January 10,
2020, 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 $163,243.00.
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
$421,383.00.
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
Page -1-
4
P
EXECUTED and EFFECTIVE as of the date last written by a
signatory, below.
APPROVED: ENGINEER
City of Fort Worth Freese and Nichols, Inc.
Dana Burghdoff Nicholas Lester, P.E.
Assistant City Manager Vice President
DATE: Apr 17,2020 DATE: 04/08/2020
APPROVAL RECOMMENDED:
Cist�
ChristopherH rder ftr9,2020)
Chris Harder, P.E.
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 peLo ance and reporting requirements.
Tony Sholola, P.E.
Assistant Water Director
APPROVED AS TO FORM AND LEGALITY: M&C:20-0161
Date:04/07/20
D81!c Rprl],1070)
Douglas W. Black
Senior Assistant City Attorney
ORT
ATTEST
Mary J. Kayser
City Secretary
7EY�. � OFFICIAIo RE
CORD
CITY SECRETARY
Page -2— FT. WORTH,TX
rMINICHOLS
clical results
4055 International Plaza,Suite 200 • Fort Worth,Texas 76109 • 817-735-7300 • fax 817-735-7492 www.freese.com
January 10, 2020
Mr.Tony Sholola, P.E.
Project Manager
City of Fort Worth Water Department
311 West 10th Street
Fort Worth,TX 76102
Re: Amendment 1 for the Twin 90"Sewer Pipes Emergency Bank Repairs at Sanders Street
(City Project No. 53101)
Dear Ms. Poudyal:
Freese and Nichols, Inc. (FNI) is providing this proposal to amend the Engineering Design Services for the
Twin 90" Sewer Pipes Emergency Bank Repairs at Sanders Street (City Project Number 53101).The
following fee includes the costs for resident project representation (RPR) and yearly monitoring as
required under the USACE's permit. FNI records show that this proposal would serve as Contract
Amendment No. 1.
A summary of the additional costs is shown below:
Item Fee
Resident Project Representation $148,710
Yearly Monitoring $14,533
Total $163,243
[FTW19581]T:\1.01 Contracts\Amendment No.1\Amendment 1 Letter
CPN 53101 Amendment No. 1
Twin 90"Sewer Pipes Emergency Bank Repairs at Sanders Street
January 8, 2020
Page 2 of 2
Freese and Nichols, Inc. appreciates this opportunity and we would like to meet with you to discuss
these additional services at your convenience.
Original Contract Amount $ 258,140
Amendment No. 1 $ 163,243
Contract Amount to Date $ 421,383
Sincerely,
Nick Lester, P.E.
Vice President
Attachments
Level of Effort Spreadsheet
Attachment A-Scope
[FTW18195] T:\1.02 PM\Amendments\Amendment 1- Pier Design\Amendment 1 Letter
ATTACHMENT A
DESIGN SERVICES FOR
TWIN 90•INCH EMERGENCY BANK STABILIZATION
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
TWIN 90-INCH EMERGENCY BANK STABILIZATION
AMENDMENT NO.1
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. Task Nos. 1-5 previously
defined under the original contract.
WORK TO BE PERFORMED
Task 6. Resident Project Representation (RPR)
Task 7. Yearly Permit Monitoring
TASK 6. RESIDENT PROJECT REPRESENTATIVE (RPR).
The Engineer will have a Resident Project Representative on the Site. The duties and
responsibilities of the Resident Project Representative are as follows:
■ Attend construction meetings.
■ Serve as Engineer's and Client's liaison with Contractor.
■ Conduct on-site observations of the Work in progress to determine if the Work is in
general compliance with the Contract Documents .
■ Report to Engineer whenever RPR believes that any Work will not produce a
completed Project that conforms generally to the Contract.
■ Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report to
Engineer.
• Interpret Contract Documents when clarifications and interpretations of the Contract
Documents are needed.
■ Review Applications for Payment with Contractor for compliance with the schedule of
values, Work completed and materials and equipment at the Site but not
incorporated in the Work.
• Submit to Contractor a list of observed items requiring completion or correction and
determine if all items on final list have been completed or corrected.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 1 of 3
ATTACHMENT A
DESIGN SERVICES FOR
TWIN 90•INCH EMERGENCY BANK STABILIZATION
DELIVERABLES
A. Daily inspection reports.
TASK 7. YEARLY PERMIT MONITORING.
The Engineer will provide yearly monitoring, as required by the USACE's permit, for the
project. The duties and responsibilities of the Engineer are as follows:
■ FNI will prepare an annual monitoring report to meet the requirements of the USACE
Fort Worth District as a condition of the NWP 13 issued for the project.
■ FNI will establish monitoring locations at each stream barb and prepare a brief
memorandum with a verbal description and photos of the established locations.
■ Monitoring report will be submitted once per year for a period of three (3) years
following completion of construction.
■ FNI will coordinate with USACE regarding format and delivery of monitoring report.
■ Detailed habitat assessments such as TXRAM will be considered an additional
service.
DELIVERABLES
A. Three monitoring reports for submittal to USACE.
City of Fort Worth.Texas
Attachment A
PMO Release Dale:08.1.2014
Page 2 of 3
ATTACHMENT A
DESIGN SERVICES FOR
TWIN 90-INCH EMERGENCY BANK STABILIZATION
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
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 including temporary right-of-
entries
• Services related to development of the CITY's project financing and/or budget
• Services related to pre-qualification, advertising, bid openings and protests, bid
rejection and re-bidding of the contract for construction, or any disputes thereof
• Construction management and inspection services
• Design phase public meetings
• 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 related to submitting for permits (i.e. TxDOT, railroad, etc.)
• Services related to Subsurface Utility Engineering Levels A, B, C or D
• Services related to Survey Construction Staking
• Services related to acquiring real property including but not limited to easements,
right-of-way, and/or temporary right-of-entries
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY
• Preparation of Environmental Permitting
• Review of additional shop drawings and preparation of additional change orders
Performance of miscellaneous and supplemental services related to the project as
requested by the City
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1,2014
Page 3 of 3
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/07/20 M&C FILE NUMBER: M&C 20-0161
LOG NAME: 60TERMINATE49826HM&EMER51521ADDFUNDING
SUBJECT
Authorize Mutual Termination of the Contract with Humphrey&Morton Construction Company, Inc.for Slope Stabilization of Sanitary Sewer Mains
M-280-B and M-338-B,Adopt Appropriation Ordinances for Additional Project Costs for the Emergency Sewer Work Regarding the Trinity River
Bank Erosion Affecting M-280-B and M-338-B(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the Termination of City Secretary Contract No.49826 with Humphrey&Morton Construction Company, Inc.("HMCCI")for Slope
Stabilization Sanitary Sewer Mains M-280-B and M-338-B (CPN 100520);
2. Adopt the attached Appropriation Ordinance increasing receipts and appropriations in the Water and Sewer Capital Projects Fund in the
amount of$1,315,030.22 transferred from available funds within the Water and Sewer Fund for the purpose of funding additional emergency
sewer work regarding the Trinity River bank erosion project HM Twin 90-inch M-280-B and M-338-B(CPN 102346);
3. Adopt the attached Appropriation Ordinance to adjust the receipts and appropriations in the Water&Sewer Bond 2017A Fund by
decreasing receipts and appropriations in the Little Fossil Rehab-Twin 90-inch project(City Project No. 100520)in the amount of
$1,695,825.20,and increasing receipts and appropriations in the HM Twin 90-inch M-280-B and M-338-B project(City Project No. 102346)
by the same amount;and
4. Adopt the attached Appropriation Ordinance to adjust the receipts and appropriations in the Water&Sewer Capital Projects Fund by
decreasing receipts and appropriations in the Little Fossil Rehab-Twin 90-inch project(City Project No. 100520)in the amount of
$17,206.82, and increasing receipts and appropriations in the HM Twin 90-inch M-280-B and M-338-B project(City Project No. 102346) by
the same amount.
DISCUSSION:
The purpose of this M&C is to consolidate contracts and provide necessary additional funding to complete the Trinity River Bank Slope
Stabilization project to protect the two 90-inch diameter West Fork trunk sewer mains, identified as Mains M-280-B and M-338-B.
In the spring of 2016 significant erosion of the Trinity River streambank occurred due to heavy rains and upstream reservoir releases.The
streambank erosion jeopardized the stability of the two 90-inch diameter West Fork collector sewer lines,which convey a significant portion of Fort
Worth's wastewater to the downstream Village Creek Water Reclamation Facility.An emergency memo was routed on June 7,2016,for
preliminary bank stabilization while emergency engineering design by DeOtte Engineering commenced . On September 26,2017(M&C C-
28407),City Council authorized the execution of the contract which is the subject of this M&C,a competitively procured contract(CSC 49826)with
Humphrey&Morton Construction Company, Inc.("HMCCI"),in the amount of$1,867,535.00,for construction of a reinforced concrete wall with
rock gabion baskets to stabilize the streambank and protect the West Fork collector sewer lines based on the emergency design. However,
additional heavy rains which occurred in the fall of 2018 and spring of 2019 resulted in additional erosion of the streambank necessitating
additional emergency work which both Circle C Construction Company(CSC 51472)and HMCCI.(CSC 51521) (10/17/18 emergency memo)
were engaged to construct,consisting of additional steel sheet pile cutoff wall with anchored tiebacks to reinforce the streambank and provide
temporary support for the collector sewer lines.
The additional streambank erosion that occurred in 2018 and again in 2019 has resulted in substantially changed conditions, rendering the original
DeOtte Engineering design of the reinforced concrete wall and gabion baskets no longer constructible,leading to the mutual decision to terminate
CSC 49826.The changed conditions required additional engineering and design,this time provided by Freese and Nichols, Inc. (CSC 53101),
including flow deflection structures along the lower portion of the stream bank to prevent the river from moving towards the twin 90-inch pipes.The
upper portion of the stream bank will be protected with large rock riprap and feature a cast in place concrete wall to restore the cover around the
pipes to original design conditions.Staff has engaged HMCCI to construct the revised repairs under the existing emergency contract(CSC
51521).
Appropriations for Slope Stabilization of Sanitary Sewer Mains M-280-B and M-338-B are as depicted below:
Fund Exsting Additional Project Total*
Appropriations Appropriations
W&S Capital Projects $1,000,000.00 $1,315,031.00 $2,315,031.00
-Fund 56002
Sewer Capital Fund- $495,066.00 $0.00 $495,066.00
Legacy 59607
Water&Sewer Bond $2 216,136.00 $0.00�$2,216,136.00
2017A-Fund 56011 J
Project Total $3,711,202.00 $1,315,031.00 $5,026,233.00
*Numbers rounded for presentation purposes.
This action will have no effect on the Water Department's operating budget when complete.
The project is located in COUNCIL DISTRICT 2.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds
will be available in the Water and Sewer Capital Projects (W&S Capital Projects) Fund. Prior to an expenditure being incurred,the Water
Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office W. Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Tony Sholola 6054
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