HomeMy WebLinkAboutContract 50312-A4 CSC No. 50312-A4
AMENDMENT No.4
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. 50312, (the CONTRACT) which was authorized by M&C
C-28566 on the 30th day of January, 2018 in the amount of
$3,099,361.00; and
WHEREAS, the CONTRACT was subsequently revised by:
Amendment No. 1 in the amount of $229,755.00 which was
authorized by M&C C-29067 on March 19, 2019, Amendment No. 2
in the amount of $366,004 . 00 authorized by M&C C-29178 on June
25, 2019 and Amendment No. 3 in the amount of $211,344. 00. 00
which was authorized by M&C 20-0137 on March 3, 2020; and
WHEREAS, the CONTRACT involves engineering services for
the following project:
Lake .Arlington Lift Station and Force Main.
WHIIREAS, it has become necessary to execute Amendment
No. 4 to the CONTRACT to include an increased scope of work
and revised fee.
NOWTHEREFURE, 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
May 28, 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
$392, 668.00 .
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 $4,299,132 .00.
OFFICIAL RECORD
Page -1- CITY SECRETARYFT. WORTH,TX
p.
i
3.
All other provisions of the Contract, which are not
expressly amended herein, shall remain in full force and
effect.
EXECUTED and EF -ECTIVE as of the date last written by a
signatory, below.
APPROVED: ENGINEER
City of Fort WWorth// Freese .a/�n�d.� �lN�ichols, Inc.
AltalV
Dana Burghdoff(Jul 2,202 :35 CDT)
Dana Burghdoff Nick Lester, P.E.
Assistant City Manager Vice President
Jul 2,2020
DATE: DATE: 4-h q!/
ZO Z 0
APPROVAL, RECOMMCNDED:
Christopher harder
Christopher Harder(Jun 29,2020 15:20 CDT)
Christopher 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 per£or ncd( and reporting requirements.
6RC, u/o'li
Pratim Poud'1yal, P.E.
Senior Project Manager
APPROVED AS TO FORM AND LEGALITY: M&C: 20-0460
Date: 06/23/2020
Mack(Jul 2,202014:40 COT) 1295 2020-623446
Douglas W. Black
Senior Assistant City Attorney
ATTEST: j
Mary Kayser L7 K O
�: t
City Secretary
rJ•�'� OFFICIAL RECORD
Page -2- CITY SECRETARY
WORTH,TX
FREESE � Innovative approaches
Practical results
r1i'MICHOLS ! Outstanding service
4055 International Plaza,Suite 200 • Fort Worth,Texas 76109 • 817-735-7300 • fax 817-735-7492 www.freese.com
May 28, 2020
Ms. Pratima Poudyal, P.E.
Project Manager
City of Fort Worth Water Department
311 West 10th Street
Fort Worth,TX 76102
Re: Amendment 4 for the Lake Arlington Lift Station and Force Main (City Project No. 100995)
Dear Ms. Poudyal:
Freese and Nichols, Inc. (FNI) is providing this proposal to amend the Engineering Design Services for the
Lake Arlington Lift Station and Force Main (City Project Number 100995).The following fee includes the
costs for Resident Project Representation (RPR) and startup assistance for the construction of Lake
Arlington Lift Station. FNI records show that this proposal would serve as Contract Amendment No. 4.
A summary of the additional costs is shown below:
Item Fee
RPR for 18 months @ 6 hrs/day $367,328
Startup Assistance &Electrical Inspection $25,340
Total $392,668
[FTW18195]T:\1.02 PM\Amendmn Amendment Letter.docxe t 4- RPR LS# \
CPN 100995 Amendment No. 4
RPR for the Lake Arlington Force Main
May 28, 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 $3,099,361
Amendment No. 1 $ 229,755
Amendment No. 2 $ 366,004
Amendment No.3 $ 211,344
Amendment No.4 $ 392,668
Contract Amount to Date $4,299,132
Sincerely,
I v ,tact�2J c�
Nicholas Lester, P.E.
Vice President
Attachments
Scope of Work
Level of Effort Spreadsheet
[FTW18195]T:\1.02 PM\Amendment#4- RPR LS\Amendment Letter.docx
I'
ATTACHMENTA
DESIGN SERVICES FOR
LAKE ARLINGTON LIFT STATION
CITY PROJECT NO.:100995
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
LAKE ARLINGTON LIFT STATION
CITY PROJECT NO.: 100995
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.
WORK TO BE PERFORMED
Task 6. Construction Phase Services
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.3 RPR Construction Support
For the construction phase of the Lake Arlington Lift Station, Freese and
Nichols (FNI) proposes to provide a full-time (defined as 6 hours per day (including
travel time), 5 days per week) Resident Project Representative (RPR) on-site during
the 18-month construction schedule to perform the following services:
• RPR will act as the Owner/Engineer agent at the site and be supervised by
the Engineer-of-Record (EOR).
• Review contractor baseline schedule, schedule of values and submittal
schedule and consult with FOR concerning acceptability
• Attend the pre-construction meeting and regularly scheduled construction
progress meetings and distribute meeting minutes to the Owner Project Team
(OPT) consisting of the Owner, Contractor and Engineer. Serve as liaison
between the Contractor and FOR/Owner.
• Confirm that shop drawings/submittals are submitted/approved before any
work requiring shop drawing approval progresses. RPR will work in the
CITY'S BIM360 PMIS to coordinate the review of the CONTRACTOR
submittals. RPR will route submittals to the appropriate reviewer making sure
that all reviews on conducted and all comments are integrated into the
submittal. Upon completion of the submittal review, the RPR will finalize the
review and route the approved/or rejected submittal back to the
CONTRACTOR for their action. Approved submittals will be logged in the
CITY'S BIM 360 PMIS accordingly.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 1 of 4
ATTACHMENT A
DESIGN SERVICES FOR
LAKE ARLINGTON LIFT STATION
CITY PROJECT NO.:100995
• Conduct on-site investigations of the Work in progress to determine if the
Work is in general conformance with the Contract Documents (CD)
o Report to the FOR any Work that the RPR believes does not comply
with the CDs or any test reports that indicate materials do not meet
the specified requirements
o Verify that tests, equipment/system start-ups and training are
conducted in the presence of appropriate personnel
o Accompany visiting inspectors representing the Owner or other
agencies having jurisdiction over the project and record the results of
these inspections
• Assist the FOR when clarifications/interpretations of the CDs are needed and
transmit to the Contractor any clarifications/interpretations.
• Assist the FOR in the consideration and evaluation of Contractor initiated
changes to the CDs and draft change orders, field orders or written
amendments to be executed and made part of the CDs.
• Furnish daily construction reports of the progress of the Work and upload
these reports in the City of Fort Worth Autodesk BIM 360 system.
• Report to Owner and FOR immediately the occurrence of any accidents at
the site.
• Review application for payment submitted by the contractor for compliance
with the established procedure and forward with recommendations to
the FOR for processing and signatures noting particularly the relationship of
the payment request to the schedule of values, Work completed and
materials/equipment at the site but not incorporated in the Work.
• Limited electrical specialty inspection (60 hours max) is included.
• Lift Station startup services are included for Pump and Electrical engineer(up
to 40 hours each).
• Before Substantial Completion, submit to the contractor a list of observed
items requiring completion or correction.
• Conduct, in the presence of the OPT, a final inspection and prepare a list of
items noted that require correction.
• Observe whether all items listed for correction are corrected and make
recommendation to the FOR/Owner concerning final acceptance of the Work
• This scope of work is for RPR for the Lake Arlington Lift Station only. If the
city would like RPR services for the Lake Arlington Force Main that will occur
in a subsequent amendment.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 2 of 4
ATTACHMENTA
DESIGN SERVICES FOR
LAKE ARLINGTON LIFT STATION
CITY PROJECT NO.:100995
• Limitations of the RPR
o Shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment (including "or-equal" items),
unless authorized by Engineer.
o Shall not exceed limitations of Engineer's authority as set forth in
Agreement or the Contract Documents.
o Shall not undertake any of the responsibilities of Contractor,
Subcontractor, Suppliers, or Contractor's superintendent.
o 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.
o 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 Client or Contractor.
o Shall not accept shop drawing or sample submittals from anyone other
than the Contractor.
o Shall not participate in specialized field or laboratory tests or
inspections conducted by others, except as specifically authorized by
Engineer.
The ENGINEER shall attend the "Final" project walk through and assist with preparation of
final punch list
ASSUMPTIONS
• RPR Processing of up to 85 RFI's.
• RPR Processing of up to 25 Contract Modification Requests
• RPR Processing of up to a MAXIMUM of 2 re-Reviews of Shop Drawing
submitted
• RPR Processing of up to 15 Change Orders
• One copy of full size (22"x34") mylars will be delivered to the CITY.
• All other assumptions remain per the original contract
DELIVERABLES
A. Processing of all CONTRACTOR'S submittals
B. Daily Construction Reports
C. Preliminary Punch List items
D. Final Punch List items
E. All other deliverables remain per the original contract
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 3 of 4
ATTACHMENT A
DESIGN SERVICES FOR
LAKE ARLINGTON LIFT STATION
CITY PROJECT NO.:100995
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 disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
• Construction management and inspection services
• Periodic site visits during construction phase
• 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 (ie.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.
• Construction Shop drawing review, samples and other submittals submitted by the
contractor.
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 4 of 4
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/23/20 M&C FILE NUMBER: M&C 20-0460
LOG NAME: 60LALS-BARCANDFNI
SUBJECT
Authorize Execution of Amendment No.4 in the Amount of$392,668.00 to an Engineering Agreement with Freese and Nichols, Inc.for the Lake
Arlington Lift Station and Force Main Project,Authorize Execution of a Contract with Bar Constructors, Inc.in the Amount of$10,077,693.00 for the
Lake Arlington Force Main Project and Provide for Project Costs for a Project Total in the Amount of$20,371,235.00,Adopt a Resolution
Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt,and Adopt Appropriation Ordinance(COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Amendment No.4 to City Secretary Contract No.50312, an Engineering Agreement with Freese and Nichols, Inc.in
the amount of$392,668.00,for construction support services for the Lake Arlington Lift Station and Force Main project for a revised contract
amount of$20,371,235.00(City Project No. 100995);
2. Authorize execution of a contract with Bar Constructors, Inc.,in the amount of$10,077,693.00,for the Lake Arlington Force Main project;
3. Adopt the attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds from Future Debt for Lake Arlington Lift
Station and Force Main project;and
4. Adopt the attached Appropriation Ordinance adjusting appropriations in the Water&Sewer Commercial Paper(W&S Commercial Paper)
Fund by decreasing appropriations in the UNSPEC project(City Project No. UNSPEC) in the amount of$11,064,526.00 and increasing
appropriations in the Lake Arlington Lift Station and Force Main project by the same amount.
DISCUSSION:
On January 30,2018 Mayor and Council Communication (M&C C-28566)the City Council authorized the execution of an engineering agreement
with Freese and Nichols, Inc., in the amount of$3,099,361.00 for the preparation of plans and specifications for the Lake Arlington Lift Station and
Force Main Project.
The agreement was subsequently revised by Amendment No. 1 in the amount of$229,755.00 authorized March 19,2019(M&C C-29067),
Amendment No.2 in the amount of$366,044.00 authorized June 25,2019(M&C C-29178)and Amendment No.3 in the amount of$211,344.00
authorized March 3,2020(M&C 20-0137).
Amendment No.4 will provide construction support phase services including inspection, project submittal reviews,change order review, record
drawings, and lift station start up.
Construction of the project was advertised for bid on April 9,2020 and April 16,2020 in the Fort Worth Star-Telegram.On May 14,2020 the
following bids were received:
Bidder lBase Bid lContract Time
Bar Constructors, Inc. 1 $10,077,693.00 487 Calendar Days
Crescent Constructors, Inc. 1 $10,573,000.00
Felix_Construction Company $10,764,021.00
Gracon Construction, Inc. $11,763, 110.00
In addition to the contract cost,$392,611.00 is required for project management and inspections, and$201,554.00 is provided for project
contingency.
Construction is anticipated to commence in August 2020 and be completed by December 2021.This project will have no impact on the Water
Department's operating budget when complete.This project is part of the Water Department's Sanitary Sewer Overflow Initiative Program.
Funding for the Lake Arlington Lift Station and Force Main project is depicted in the table below.
Existing Additional
Fund Appropriations Appropriations Project Total*
tS Capital Project $9 306,709.00 $9,306,709.00
8-Fund 56014
WS Capital Project
2020A-Fund 56019��_____�[$IL064,526.001$11,064,526.00
_
Project Total $9,306,709.00 $11,064,526.00 $20,371,235.00
*Numbers rounded for presentation purposes.
This project is anticipated to be included in a future revenue bond issue for the Water&Sewer Fund.Available cash within the Water and Sewer
portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program(CP)will be used
to provide interim financing for this project until debt is issued.To the extent resources other than the Water and Sewer portfolio are used to
provide interim financing,the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City
portfolio(currently approximately 2.3 percent annually).Should the City's portfolio not support the liquidity needed to provide an interim short-term
financing source,another funding source will be required,which could mean issuance of securities under the CP Program or earlier issuance of
Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse
the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution.
The City Council approved the Water Department's Fiscal Year 2020-2024 Five-Year Capital Improvement Plan on September 17,2019.This City
Council approved plan includes this specific project,with funding identified through the CP program to be reimbursed with future revenue bonds. In
accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue-supported debt issuances to
the City Council for consideration within the next three years.This debt must be issued within approximately three years to provide reimbursement
for these expenses. If that does not occur,the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to
be made whole through other budgetary methods.Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to
reimburse the City from tax-exempt bond proceeds.
MWWBE OFFICE: Bar Constructors, Inc. is in compliance with the City's BDE Ordinance by committing to nine percent MBE participation on this
project.The City's MBE goal on this project is six percent.Additionally, Bar Constructors, Inc. is a certified MWWBE firm.
MWBE OFFICE: Freese and Nichols, Inc.-A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and
approved by the OBD, in accordance with the MWBE or DBE ordinance, because the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible.
The project is located in COUNCIL DISTRICT 5 and CITY OF KENNEDALE.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will
be available in the Water&Sewer Commercial Paper(W&S Commercial Paper) Fund for the Lake Arlington Lift Station and Force Main (Lake
Arlington, FM, LS and SS)project to support the approval of the above recommendation and execution of the amendment to the engineering
agreement and construction contract. 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: Pratima Poudyal 6149