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Home My WebLink AboutContract 53569-R1A1 CSC No.53569-RlA1 AMENDMENT No.1 TO CITY SECRETARY CONTRACT No. 53569 R-1 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 53569, (the CONTRACT) which was authorized by M&C 20-0066 on the 24th day of February, 2020 in the amount of $ $1, 300, 000; and WHEREAS, the CONTRACT was renewed in the amount of $1, 300, 000 which was authorized by M&C 20-0794; and WHEREAS, the CONTRACT involves engineering services for the following project: Project Development for Hazardous Roadway Overtopping 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 proposal attached hereto and incorporated herein. 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 previously renewed amended herein. The cost to City for the additional services to be performed by Engineer totals $500, 000. (See Attached Funding Breakdown Sheet, Page -4-) so that the total fee paid by the City for all work and services shall be an amount of $1, 800, 000. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. City of Fort Worth Professional Services Agreement Amendment Template OFFICIAL RECORD Revised:March 9,2020 Page 1 of CITY SECRETARY FT. WORTH, TX EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worth ENGINEER Freese and Nichols, Inc. AN,�Gt�AGLGt�0 5 DanaBurghdoff(Ja 11,20211 :49CST) 10/2=201:18MPM Dana Burghdoff Scott Hubley Assistant City Manager Vice-President DATE: Jan 11, 2021 DATE: 10/27/20 APPROVAL RECOMMENDED: L..AZ , William Johnso (Jan11,202109:08CST) William Johnson Director, Transportation and Public Works 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 . �ccsEiv�t�lay(,cw Justin Naylor Senior Professional Engineer City of Fort Worth Professional Services Agreement Amendment Template OFFICIAL RECORD Revised:March 9,2020 Page 2 of CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY: M&C: 20-0794 8��1 Date: 10-27-2020 DBlack(Jan 11,202116:45CST) HB 1295: 2020-670290 Douglas W. Black Assistant City Attorney ATTEST: O 4ddva��' p��o 'raa� for Ronald P. Gonzales moo° �o9.�i� for Ronald P.Gonzales(Jan 12,202108:42 CST) P V o °_� 0 Mary J. Kayser d�� o.o *ICY City Secretary �aa 1°°°°'goop xx City of Fort Worth Professional Services Agreement Amendment Template OFFICIAL RECORD Revised:March 9,2020 Page 3 of CITY SECRETARY FT. WORTH, TX FUNDING BREAEMOWN SHEET City Secretary No. 53569 R-1 Amendment No. 1 Department Fund-Account-Center Amount 0200431 59651-5330500 $1, 800, 000 Total : $1, 800, 000 City of Fort Worth Professional Services Agreement Amendment Template Revised:March 9,2020 Page 4 of 4 FREESEInnovative approaches Practical results rm?'NICHOLS Outstanding 4055 International Plaza,Suite 200 + Fort Worth,Texas 76109 + 817-735-7300 + FAX 817-735-7491 www.freese.com October 26, 2020 Linda Young, PE, PMP Program Manager,TPW Capital Delivery City of Fort Worth 200 Texas Street Fort Worth,TX 76102 Re: City of Fort Worth HROM Project Development—Renewal 1 CSN 53569 Dear Ms.Young, Freese and Nichols, Inc. is pleased to submit this proposal to renew the referenced contract and add additional funds. The contract is being renewed in the amount of$1,300,000 and being amended by $500,000 so that the total additional amount authorized is$1,800,000, and bringing the total contract amount to$3,100,000. The compensation for the additional authorization is shown in Attachment B. FNI will continue to support the HROM project development program on a task order basis. Original Contract $1,300,000 Renewal 1 $1,300,000 Amendment 1 $500,000 Revised Contract $3,100,000 We appreciate the opportunity to assist the City with this important program. If you have any questions, please do not hesitate to contact me. Sincerely, 10/28/2020 9:06:52 AM Scott Hubley, P.E. Vice-President cc: File ATTACHMENT B COMPENSATION Project Development for Hazardous Road Overtopping Improvements City Project No. 102503 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. Professional-1 107 Professional-2 130 Professional-3 146 Professional-4 169 Professional-5 197 Professional-6 225 Construction Manager- 1 85 Construction Manager-2 111 Construction Manager-3 131 Construction Manager-4 164 CAD Technician/Designer-1 91 CAD Technician/Designer-2 117 CAD Technician/Designer-3 145 Corporate Project Support-1 87 Corporate P roj ect Su p port-2 105 Corporate P roj ect Su p port-3 139 Intern/Coop 53 Senior Advisor 175 For resident representative services and other services performed in-house by non-FNI employees, 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 performing the same or similar services. 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, other direct City of Fort Worth,Texas Project Development for Hazardous Road Overtopping Improvements Attachment B City Project No.102503 PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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. 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 Project Development for Hazardous Road Overtopping Improvements Attachment B City Project No.102503 PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Preliminary Assessment, H&H $1,620,000 90.0% Inc. Analysis, Risk Assessment, Schematic Design, Cost Estimates and Project Management Proposed MBE/SBE Sub-Consultants Texplor of Dallas, Inc. Geotechnical Drilling $7,500 0.42% SurvWest, LLC Survey and SUE $172,500 9.58% Non-MBE/SBE Consultants TOTAL $1,800,000 100% Note that the proposed sub-consultants and the associated fee percentage are based on assumptions about the scope of work to be identified in future Task Order authorizations. The actual fee breakdown among sub-consultants will differ. Project Number& Name Total Fee MBE/SBE Fee MBE/SBE Hazardous Road Overtopping Project $1,800,000 $180,000 10.0% Development City MBE/SBE Goal = 10.0% Consultant Committed Goal = 10.0% City of Fort Worth,Texas Project Development for Hazardous Road Overtopping Improvements Attachment B City Project No.102503 PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/27/20 M&C FILE NUMBER: M&C 20-0794 LOG NAME: 20SWM FNI HROM PROJ DEV RENEWAL 1 SUBJECT (ALL)Authorize the First Renewal of a Professional Services Agreement with Freese and Nichols, Inc.for Stormwater Hazardous Roadway Overtopping Mitigation Prioritization, Feasibility Assessment and Project Development and Authorize the First Amendment to the Agreement to Add Additional Funds in the Amount of$1,800,000.00 for a Revised Contract Amount of$3,100,000.00 RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of the first renewal of City Secretary Contract No.53569,a professional services agreement with Freese and Nichols, Inc.for Stormwater Hazardous Roadway Overtopping Mitigation Prioritization, Feasibility Assessment and project development services; and 2. Authorize the first amendment to City Secretary Contract No.53569,as renewed,to add additional funds in the amount of$1,800,000.00,for a revised contract amount of$3,100,000.00(City Project No. 102503). DISCUSSION: This Mayor and Council Communication(M&C)will authorize the first renewal of City Secretary Contract No.53569,a professional services agreement with Freese and Nichols, Inc.(FNI)for Stormwater Hazardous Roadway Overtopping Mitigation(HROM)Prioritization, Feasibility Assessment and project development assignments and an amendment for additional funds in the total amount of$1,800,000.00. In May 2018,the Transportation and Public Works Department(TPW),Stormwater Management Division,published a Request for Qualifications (RFQ)for various technical services associated with drainage engineering, including prioritization,feasibility assessment and project development.To prepare for the proposed 2020 revenue bond program, FNI was selected as the most qualified engineering consultant to provide these services as the HROM program consultant leading the identification, prioritization,evaluation,and project development for the bond program. On February 4,2020(M&C 20-0066),the City Council approved the original agreement in an amount not to exceed$1,300,000.00 and the authority to grant up to two renewals in the same amount.The contract was structured to provide for additional renewal periods for the purpose of maintaining continuity and efficiency in the delivery of the Stormwater capital program and to facilitate the accelerated delivery of high priority HROM projects in conjunction with the upcoming revenue bond sale.This renewal will cover HROM project development for the planned $70,000,000.00 bond program. The amendment and increased funding will allow FNI to continue to assess potential HROM projects citywide to determine strategic priorities, evaluate feasibility and develop basic scopes,schedules and budgets for selected projects that are acceptable,effective and actionable.This information will be the basis for the final project designs to be completed by engineers selected through a qualifications-based process. The revised contract amount after this renewal and amendment will be$3,100,000.00. It will remain in effect until funds are expended or the work is completed. MIWBE Office—Freese and Nichols, Inc.is in compliance with the City's BDE Ordinance by committing to 10%SBE participation on Amendment #1 on this project.The City's SBE goal on Amendment#1 is 10%. The projects are located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget,as previously appropriated,in the Stormwater Cap Proj- Bonds Fund for the SW Hazardous Rd Overtopping programmable project to support the approval of the above recommendation and execution of the renewal and amendment for the professional services agreement. Prior to any expenditure being incurred,the Transportation&Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Linda Young 2485