HomeMy WebLinkAboutContract 38180-A1 CITY SECRETARY
CONTRACT NO.-� S 19 G - A
AMENDMENT M MBER 1
STATE OF TEXAS S
COUNTY OF TARRANT S
WHEREAS, the City of Fort Worth (CITY) and Freese & Nichols, Inc. ,
(ENGINEER) made and entered into City Secretary Contract No. 38180, (the
CONTRACT) which was authorized by the City Council on the 21Ht day of
January, 2009;
WHEREAS, the Contract involves engineering services for the following
project:
Lake Worth Dredging Project - Phase II
WHEREAS, it has become necessary to execute Amendment No. 1 to said
Contract to include an increased scope of work and revised maximum 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 the attached Scope of Services, copies
of which are attached hereto and incorporated herein. The cost to City
for the additional design services to be performed by Engineer total
$878, 058 . 00.
2 .
Article II of the Contract is amended to provide for an increase in
the maximum 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 not exceed the sum of
$2,397,337.00.
OFFICIAL RECORD
Page -1-
CITY SECRETARY
FT. WORTH, TX
3 .
All other provisions of the Contract, which are not expressly amended
herein, shall remain in full force and effect.
EXECUTED on this the 21 S-�r day of Ma((!() 20]x- in
Fort Worth, Tarrant County, Texas.
ATTEST: APPROVED:
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Fernando Costa lu°o °CitySecretary Assistant City
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APPROVED AS TO FORM APPROVAL RECOMMENDED:
LEGALITY
S. Frank Crumb, Director
Assistant City Attorney Water Department
ATTEST. FREESE and NICHOLS, INC.
, 1
Thomas Haster, P.E.
Principal
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OFFICIAL RECORD
Page -2- CITY SECRETARY
FT. WORTH, TX
Attachment A
Scope of Services
BASIC SERVICES
A. DREDGING FINAL DESIGN, PHASE I DREDGING
The final design for Phase I dredging areas is included in these services. Preparation of the
50%, 90% and 100% design submittals will be based upon the approved preliminary
dredging design that is included in the original contract.
The following services will be provided for the Phase I dredging design:
1. Attend a kickoff meeting with the City to review the preliminary design
information and determine the scope and delineation of the areas to be
dredged. Discuss schedule and any special project requirements.
2. Perform site visits as needed with City staff to finalize the layout of the corridor
for the dredge material delivery pipeline and return water pipeline.
3. Evaluate and provide recommendations on final locations of allowable
construction staging areas, lake entry locations, and access routes.
4. Coordinate with Silver Creek Materials on location of proposed pipeline
corridor.
5. Obtain GIS level alignments of existing water and wastewater lines along the
pipeline corridor from the City, and include this information in the plan sheets.
6. Determine locations along the pipeline corridor where pipe must be installed
underground to maintain traffic accessibility.
7. Provide recommendations on maximum construction noise level requirements.
8. Coordinate construction plans, specifications and contract documents with
environmental permitting requirements.
9. Prepare schematic level exhibits and drawings as needed for inclusion in
environmental permit application.
10. Attend up to 4 progress meetings during the project with the City to discuss
project status and work through questions and issues on the project.
11. Retain third party peer review services to review the Phase I design.
12. Prepare 50%, 90% and final plans, specifications and contract documents for
the Phase I and Phase II designs. Provide design and criteria for the
following:
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a. Cover sheet and general notes
b. Overall project layouts
c. Acceptable construction staging areas and access requirements
d. Dredge area limits and grading plans
e. Typical grading cross sections
f. Pipeline corridor plan and ground surface profile
g. Site maintenance requirements
h. Public access coordination requirements
i. Noise mitigation requirements
j. Water quality control and testing requirements
k. Sediment testing requirements
I. Submittal requirements
m. Standard City of Fort Worth contract documents and specifications
n. Standard construction details
o. Requirements for subcontracting with Silver Creek Materials for disposal
p. Pre-qualification requirements
13. Provide the City with 5 hard copies of the 50% and 90% plans, specifications
and contract documents.
14. Provide the City with 5 half-size plan sets, 5 full-size plan sets, and 5
specifications and contract documents sets of the final design.
15. Determine bid items and quantities, and prepare a detailed bid form for
insertion into the bid documents.
B. BID PHASE SERVICES
The following services will be provided during the Phase I construction bid phase.
1. Attend up to 2 project progress meetings.
2. Assist City in securing bids. Provide a copy of the notice to bidders for City to
use in notifying construction news publications and publishing appropriate
legal notice. The cost for publications shall be paid by City.
3. Secure the services of CivCast for upload and distribution of bid documents
and other related documents. These documents shall also be uploaded to the
City of Fort Worth Buzzsaw system.
4. Maintain information on entities that have downloaded or have been issued a
set of bid documents. Distribute information on plan holders to the City,
interested contractors and vendors on request.
5. Assist City by responding to questions and interpreting bid documents.
Prepare and issue addenda to the bid documents to plan holders if necessary.
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6. At City's request, assist City in opening, tabulating, and analyzing the bids
received. Review the qualification information provided by the apparent low
bidder to determine if, based on the information available, they appear to be
qualified to construct the project. Recommend award of contracts or other
actions as appropriate to be taken by City.
7. Assist the City in conducting a pre-bid conference for the construction project
and coordinate responses with City. Response to the pre-bid conference will
be in the form of addenda issued after the conference. Attend the tour of the
project site after the pre-bid conference.
8. Assist City in the preparation of Construction Contract Documents for
construction contract. Provide ten (10) sets of Construction Contract
Documents which include information from the apparent low bidders bid
documents, legal documents, and addenda bound in the documents for
execution by the City and construction contractor. Distribute five (5) copies of
these documents to the contractor with a notice of award that includes
directions for the execution of these documents by the construction contractor.
Provide City with the remaining five (5) copies of these documents for use
during construction. Additional sets of documents can be provided as an
additional service.
9. Furnish contractor copies of the drawings and specifications for construction
pursuant to the General Conditions of the Construction Contract.
10. Attend City Council meeting if requested by the City to assist in presentation
of the letter of recommendation of award.
C. CONSTRUCTION PHASE SERVICES
Upon completion of the bid phase services, FNI will proceed with the performance of
construction phase services as described below. FNI will endeavor to protect City 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.
If general conditions other than FNI standards are used, the City agrees to include provisions
in the construction contract documents that will require the construction contractor to include
FNI and their subconsultants on this project to be listed as an additional insured on
contractor's insurance policies.
1. Attend up to 12 progress meetings during construction.
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2. Assist City in conducting one pre-construction conference with the Contractor
and review construction schedules prepared by the Contractor pursuant to the
requirements of the construction contract.
3. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing
of contractor's submittals and provide for filing and retrieval of project
documentation. Review contractor's submittals, including, requests for
information, modification requests, shop drawings, schedules, and other
submittals in accordance with the requirements of the construction contract
documents for the projects. Monitor the progress of the contractor in sending
and processing submittals to see that documentation is being processed in
accordance with schedules.
4. Make up to 12 visits during construction, appropriate to the stage of
construction to the site (as distinguished from the continuous services of a
Resident Project Representative) to observe the progress and the quality of
work and to attempt to determine in general if the work is proceeding in
accordance with the Construction Contract Documents. In this effort FNI will
endeavor to protect the City against defects and deficiencies in the work of
Contractors and will report any observed deficiencies to City. Visits to the site
in excess of the specified number are an additional service.
It is understood that the City will provide resident project representation
services with City staff, and this is not in FNI's services.
5. Notify the contractor of non-conforming work observed on site visits. Review
quality related documents provided by the contractor such as test reports,
equipment installation reports or other documentation required by the
Construction contract documents.
6. Interpret the drawings and specifications for City and Contractor.
Investigations, analyses, and studies requested by the Contractor and
approved by OWNER, for substitutions of equipment and/or materials or
deviations from the drawings and specifications is an additional service.
7. Establish procedures for administering constructive changes to the
construction contracts. Process contract modifications and negotiate with the
contractor on behalf of the City to determine the cost and time impacts of
these changes. Prepare change order documentation for approved changes
for execution by the City. Documentation of field orders, where cost to City is
not impacted, will also be prepared. Investigations, analyses, studies or
design for substitutions of equipment or materials, corrections of defective or
deficient work of the contractor or other deviations from the construction
contract documents requested by the contractor and approved by the Owner
are an additional service. Substitutions of materials or equipment or design
modifications requested by the City are an additional service.
8. Prepare documentation for contract modifications required to implement
modifications in the design of the project. Receive and evaluate notices of
contractor claims and make recommendations to the City on the merit and
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value of the claim on the basis of information submitted by the contractor or
available in project documentation. Endeavor to negotiate a settlement value
with the Contractor on behalf of the City if appropriate. Providing these
services to review or evaluate construction contractor(s) claim(s), supported
by causes not within the control of FNI are an additional service.
9. Conduct, in company with City's representative, a final review of the Project
for conformance with the design concept of the Project and general
compliance with the Construction Contract Documents. Prepare a list of
deficiencies to be corrected by the contractor before recommendation of final
payment. Assist the City in obtaining legal releases, permits, and warranties
from the contractor. Review and comment on the certificate of completion and
the recommendation for final payment to the Contractor(s). Visiting the site to
review completed work in excess of two trips are an additional service.
10. Revise the construction drawings in accordance with the information furnished
by construction Contractor(s) reflecting changes in the Project made during
construction. Two (2) sets of prints of"Record Drawings" shall be provided by
FNI to City.
SPECIAL SERVICES
A. PUBLIC MEETINGS DURING CONSTRUCTION PHASE
FNI will attend and assist with coordination and presentation at up to 4 public meetings
during the construction phase. The following services will be provided:
1. Prepare exhibits and information and provide to the City for its use in
distributing public notifications of the meetings.
2. Attend meetings with the City to discuss objectives and presentation materials
needed for each public meeting.
3. Prepare public meeting presentation materials, boards and handout materials.
4. Attend the public meetings and assist with presentations and obtaining
feedback from meeting attendees.
5. Take notes at the meetings to record questions, comments and feedback from
meeting attendees, and prepare meeting minutes.
6. Assist the City with preparing responses to questions, comments and
feedback from meeting attendees.
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B. LAKE WORTH PRELIMINARY TRAIL ROUTE STUDY
The purpose of this study is to provide City staff with recommendations on developing a
recreation trail alignment around the perimeter of Lake Worth.
Project Management
1. Conduct and document one (1) kick-off meeting with City staff to introduce
team members and review the project scope.
2. Prepare and distribute monthly project status reports throughout the study
process.
3. Assist the City in one (1) public meeting to discuss the project. For the
meeting, prepare materials such as maps, charts, and tables to present and
distribute to meeting participants. Prior to the public meeting, attend a
meeting with the City to coordinate meeting topics and materials.
Data Collection and Site Analysis
4. Obtain base data from City and other available sources for study area
coverage equal to the greater of: a) farthest boundary of individual shoreline
parcel, b) location of Primary Bike & Jogging Trail shown in Fig.4.6 of Fort
Worth Comprehensive Capital Improvement Implementation Project, c)
nearest public collector street full right-of-way, or d) 1000 feet from the elev.
594 shoreline. Project data will include: aerial photography, topography,
parcel ownership, existing and proposed land use, existing and proposed
public utilities, and generalized tree cover.
5. Obtain and review applicable reports and studies from City and other available
sources (i.e. Joint Land Use study, Lake Worth Vision Plan, etc.).
6. Perform site visits within study area and document existing conditions with
photographs and map notations.
Trail Route Study
7. Meet individually with City departments (Water, Parks, Planning and
Development, Transportation/Public Works, and Fort Worth Nature Center) to
seek input when considering trail routes. Once input has been received, hold
a meeting with all departments to review the recommended project criteria for
the route analysis.
8. Perform a preliminary recreation trail routing analysis around the perimeter of
Lake Worth (excluding the Joint Reserve Base Naval Air Station property).
Consider the following in the trail route alignment:
a. City-owned land around the lake
b. City-owned park land
c. City-owned right-of-way for streets and utilities
d. Possible future trail access points
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9. Prepare project maps and exhibits illustrating preliminary trail routing analysis.
Present draft maps and exhibits to City staff for review and comment.
Conduct one (1) meeting with City staff to review preliminary trail routing
analysis.
10. Provide recommendations for land parcel holding, disposal, or acquisition
based upon the preliminary trail routing analysis. Conduct one (1) meeting
with City staff to review recommendations for land parcel holding, disposal or
acquisition.
11. Prepare a draft report summarizing trail route analysis. The report will
document route criteria, design standards, and assumptions used in
developing the route analysis. Provide five (5) copies of the draft report for
City review. Incorporate comments as necessary and issue five (5) copies of
the final trail route analysis report.
C. LAKE WORTH DAM EMERGENCY ACTION PLAN (EAP)
The purpose of this is to develop an Emergency Action Plan (EAP) for Lake Worth Dam to
satisfy Texas Commission on Environmental Quality (TCEQ) dam safety regulations. This
work will build upon the completed dam breach analysis study for Lake Worth Dam.
Emergency Action Plan (EAP) Development
1. Coordinate with the City to identify emergency management, staffing, and
resources available to incorporate into the EAP for Lake Worth Dam.
2. Prepare a draft EAP document. Incorporate the breach analysis report for
Lake Worth Dam, including breach inundation maps, into to EAP. Provide five
(5) copies of the draft report for City review.
3. Attend one (1) meeting with City staff to discuss review comments.
Incorporate comments as necessary into a final draft EAP.
4. Submit the final draft EAP to the TCEQ for their review. Incorporate TCEQ
review comments as necessary.
5. Upon incorporating review comments from the City and TCEQ, provide five (5)
copies of the final EAP.
D. ENVIRONMENTAL PERMITTING FOR PHASE II DREDGING PROJECT
Perform literature search and field investigations required for developing an application for a
standard Section 404 individual permit (IP) authorization. Based on previous
correspondence with the USACE for the Phase I dredging project, an Individual Permit was
deemed necessary for the Phase II dredging project.
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1. Prepare a letter to the USACE requesting a pre-application meeting. This
letter will include a brief description of the project, its purpose and need, a
map of the project location and layout, and other pertinent information. Attend
pre-application meeting with the USACE.
2. Once the dredge locations (including individual boat docks) have been
selected; FNI will assemble data such as aerial photos and project limits in
digital format for the field survey of new, previously unsurveyed areas
(including mitigation areas within the lake) and create a data dictionary in the
GPS data logger for data collection.
3. Conduct pedestrian and floating survey of the new, previously unsurveyed
proposed dredging locations (including individual boat docks and mitigation
areas) to identify potential environmental features that may trigger permitting
requirements. This scope assumes that the City will provide a boat for the
floating survey. Evaluate whether any water bodies found would be
considered jurisdictional under USACE regulations; identify the type of water
body, (i.e., emergent or forested wetland, open water, stream, etc.); and
estimate the aerial extent of the affected portion of a water body.
4. Revise the Lake Worth Jurisdictional Determination Report (JDR) prepared for
Phase I dredging to include new, previously unsurveyed areas, including
mitigation areas within the lake. The report will include a description of field
observations; an opinion of whether or not jurisdictional waters are present,
and if so, the type, and results from the functional assessment. Provide five
(5) copies of the draft report for City's review. The JD report will be submitted
with the permit application to the USACE.
5. Conduct an alternatives analysis following the USACE 404(b)(1) alternatives
analysis guidelines. The goal of this task will be to identify environmental
issues that can be used to select an alternative that will minimize and avoid
impacts to waters of the U.S. and other resources.
6. Evaluate dredging impacts by estimating the area of impact to waters of the
U.S. based on the extent of the proposed project. Include notice of any
identified potential environmental issues associated with the proposed
dredging.
7. Evaluate potential mitigation requirements that could be required based on the
impacts of the proposed project to waters of the U.S. and other resources, as
applicable, in Lake Worth. Compare on-site mitigation versus the purchase of
mitigation bank credits and provide recommendations in a memorandum
report for the City's review and comment.
8. Once the project design is sufficiently complete to ensure no substantive
changes will be made, FNI will prepare the IP application for the proposed
project. FNI will attach all appropriate documents as required and formatted in
compliance to USACE guidelines. FNI will submit the draft IP application to
the City for their review and comment. FNI will finalize the application based
on the City's comments and submit the application to the USACE along with
copies for the environmental resource agencies.
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9. Prepare a 401 Water Quality Certification Questionnaire for City's review and
comment. Incorporate City's comments and submit the final Questionnaire to
the TCEQ with a copy to the USACE.
10. Prepare a draft conceptual mitigation plan for City's review and comment.
The Plan will be prepared based on the assumption that no functional
assessment will be required. Instead, this scope assumes that the USACE
will concur with the assumption that compensatory wetland mitigation will be
based on a ratio of impact acreage to mitigation acreage. Functional
assessment is considered as an additional service in this scope. Provide
environmental input into the design of the on-site mitigation. Finalize the
conceptual mitigation plan based on City's comments and submit it to the
USACE for comment.
11. Follow up with the USACE to address questions and requests for information
leading up to the USACE public notice of the application.
12. Address public and resource agency comments on the IP application as
requested by the USACE.
13. Address questions or comments from the TCEQ regarding the 401 Water
Quality Certification Questionnaire.
14. Consult and meet with the USACE. Attend one meeting at the site with the
Corps and up to two meetings with the Corps at the Fort Worth District office.
The on-site meeting may include meeting with other resource agencies.
15. Finalize the compensatory mitigation plan based on consultation with the
USACE and other agencies, as required.
16. Coordinate with Project Team throughout the project to communicate
discussions with regulatory agencies and provide environmental input into the
design of the project components. This coordination will include up to 8
meetings with the Project Team.
E. SPECIAL CONSTRUCTION PHASE SERVICES
If authorized by the City, FNI shall perform construction phase services that are in addition to
the services listed in BASIC SERVICES Item C above. These services shall include:
1. Assist the City with preparation of a plan and grid system for measurement
and calculation of field construction quantities.
2. Receive field quantity measurements from the City and/or Contractor and
review or calculate quantities to be used in the Contractor's monthly pay
estimates. This shall also include attendance during field measurements
when needed.
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3. Upon completion of the project, utilize field measurements taken during
construction and prepare an "as-built" contour map of the areas that were
dredged.
4. FNI environmental personnel will attend up to 5 site visits during construction
to assist with any issues or questions associated with environmental testing or
permit compliance.
ADDITIONAL SERVICES
Additional Services which can be performed by FNI, if authorized by City, which are not
included in the above described services, are described as follows. If any of these services
are requested by the City, FNI will submit a scope and fee proposal to the City.
1. Design, bid and construction phase services for construction projects in
excess of the one included in this amendment.
2. Preliminary and final design of trail.
3. Field layouts or the furnishing of construction line and grade surveys.
4. Making property, boundary and right-of-way surveys, preparation of easement
and deed descriptions, including title search and examination of deed records.
5. Making revisions to drawings, specifications or other documents when such
revisions are 1) not consistent with approvals or instructions previously given
by OWNER or 2) due to other causes not solely within the control of FNI.
6. Furnishing the services of a Resident Project Representative to act as
OWNER's on-site representative during the Construction Phase. The
Resident Project Representative will act as directed by FNI in order to provide
more extensive representation at the Project site during the Construction
Phase. Through more extensive on-site observations of the work in progress
and field checks of materials and equipment by the Resident Project
Representative and assistants, FNI shall endeavor to provide further
protection for OWNER against defects and deficiencies in the work.
Furnishing the services of a Resident Project Representative is subject to the
provisions of Article I, D and Attachment RPR.
If OWNER provides personnel to support the activities of the Resident Project
Representative who is FNI or FNI's agent or employee, the duties,
responsibilities and limitations of authority of such personnel will be set forth in
an Attachment attached to and made a part of this AGREEMENT before the
services of such personnel are begun. It is understood and agreed that such
personnel will work under the direction of and be responsible to the Resident
Project Representative. OWNER agrees that whenever FNI informs him in
writing that any such personnel provided by the OWNER are, in his opinion,
incompetent, unfaithful or disorderly, such personnel shall be replaced.
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7. Preparation of Conformed or "As Bid" plans and specifications for use during
the construction phase. These documents shall involve the incorporation of
addenda items into the Contract Documents through modification of the
electronic files and reprinting of the plans and specifications inclusive of the
incorporated changes.
8. Assisting OWNER in preparing for, or appearing at litigation, mediation,
arbitration, dispute review boards, or other legal and/or administrative
proceedings in the defense or prosecution of claims disputes with
Contractor(s).
9. Performing investigations, studies and analyses of substitutions of equipment
and/or materials or deviations from the drawings and specifications.
10. Assisting OWNER in the defense or prosecution of litigation in connection with
or in addition to those services contemplated by this AGREEMENT. Such
services, if any, shall be furnished by FNI on a fee basis negotiated by the
respective parties outside of and in addition to this AGREEMENT.
11. Performing investigations, studies, and analysis of work proposed by
construction contractors to correct defective work.
12. 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.
13. Services required to resolve bid protests or to rebid the projects for any
reason.
14. Visits to the site in excess of the number of trips indicated for periodic site
visits, coordination meetings, environmental personnel site visits or contract
completion activities.
15. 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.
16. Providing services made necessary because of unforeseen, concealed, or
differing site conditions or due to the presence of hazardous substances in
any form.
17. Providing services to review or evaluate construction contractor(s) claim(s),
provided said claims are supported by causes not within the control of FNI.
18. Providing value engineering studies or reviews of cost savings proposed by
construction contractors after bids have been submitted.
19. Design modifications required to meet wetland mitigation success criteria
required by the USACE.
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Environmental Additional Services
1. Conduct a functional assessment following the USACE's preferred
methodology, such as TXRAM, of waters of the U.S. being impacted by the
proposed project during the pedestrian/floating survey described above. Data
from this assessment would be incorporated into the mitigation plan.
2. Cultural resources investigation of any Phase II dredging or mitigation related
activity areas.
3. Preparing data and reports for assistance to OWNER in preparation for
hearings before regulatory agencies, courts, arbitration panels or any
mediator, giving testimony, personally or by deposition, and preparations
therefore before any regulatory agency, court, arbitration panel or mediator.
4. Providing environmental support services including the design and
implementation of ecological baseline studies, environmental monitoring,
impact assessment and analyses, permitting assistance, and other assistance
required to address environmental issues, beyond that which is discussed in
the scope.
5. Providing services made necessary because of unforeseen, concealed, or
differing site conditions or due to the presence of hazardous substances in
any form.
6. If required by the USACE and environmental resource agencies, FNI will
conduct a survey for any threatened or endangered species of concern.
7. Preparation of a Texas GLO Grant of Easement application.
8. Preparation of an application for a Texas Parks and Wildlife Department
permit for dredging materials from state-owned waters.
9. Sediment characterization, i.e. Tier III and Tier IV evaluations.
10. If required by the USAGE, FNI can assist the City with holding a Public
Hearing by preparing public notices, submitting notices to local newspaper(s);
providing verbatim transcript services, attending the public hearing; and
incorporating the hearing record into the permitting documents.
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M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORS II T
COUNCIL ACTION: Approved on 3/6/2012 - Ordinance No. 20081-03-2012 and 20082-03-2012
REFERENCE ,, 60FREESE AND NICHOLS LAKE
DATE: 3/6/2012 NO.: C-25473 LOG NAME: WORTH DREDGING DESIGN
PH 1 AMEND1
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 with Freese and Nichols, Inc., in the Amount of
$878,058.00 for a Total Contract Amount of$2,397,337.00 for Engineering and Design
Services for the Lake Worth Dredging Project Phase 1, and Adopt Appropriation
Ordinances (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Lake Worth Gas Lease Capital Improvement Fund by $878,058.00 from Gas Well Revenues;
2. Authorize the transfer of$878,058.00 from the Lake Worth Gas Lease Capital Improvement Fund
to the Water Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Water Capital Projects Fund in the amount of$878,058.00; and
4. Authorize the execution of Amendment No.1 with Freese and Nichols, Inc., for engineering and
construction services associated with the Lake Worth Dredging Project Phase 1 in an amount not to
exceed $878,058.00.
DISCUSSION:
On January 8, 2008, the City Council amended the Gas Well Revenue Distribution Policy to allow for
revenues derived from lease bonuses and royalties from properties in and around Lake Worth to be
used for the execution of the 2007 Lake Worth Capital Improvements Implementation Plan. One of
the major projects of this plan is the Lake Worth Dredging Project. In March 2008 Freese and
Nichols, Inc., (Freese and Nichols) was selected for the Phase 1 services. During contract
negotiations the decision was made to execute the design of the Lake Worth Dredging Project Phase
1 in two parts as a cost saving strategy due to the complexities of acquiring a permit through the
Army Corps of Engineers (ACOE).
On December 16, 2008, (M&C C-23262) the City Council authorized an Engineering Agreement with
Freese and Nichols, Inc., in the amount of$1,519,279.00 for the initial design of the Lake Worth
Dredging Project Phase 1 . Under this contract Freese and Nichols, Inc., has conducted field
investigations and surveys, performed disposal site analysis, developed preliminary plans and
specifications for dredging, coordinated with the ACOE and other agencies on permitting and
performed project management. Under the proposed Amendment No. 1, Freese and Nichols, Inc.,
will finalize permitting with the ACOE for both Phase 1 and Phase 2, complete design for the dredging
project based on ACOE comments and provide bidding assistance for Phase 1. They will also
perform general and special construction services to monitor dredging operations and the calculation
of dredge material quantities for the Lake Worth Dredging Project Phase 1. In addition they will
perform a preliminary Trail Route Study for the hike and bike trail around Lake Worth and develop an
emergency action plan for the Lake Worth Dam as required by the Texas Commission on
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M&C Review Page 2 of 2
Environmental Quality (TCEQ). The fee for services for Amendment No.1 are as follows:
Final Design $162,422.00
Contract Management Services $217,204.00
Environmental Permitting $154,104.00
Construction Phase Services $212,833.00
Trail Route Study 1$114,132.00
Dam Emergency Action Plan $ 17,363.00
Total Amendment No. 1 $878,058.00
The Water Department staff is currently in negotiation with Freese and Nichols, Inc., for a new design
contract for the Phase 2 plans, specifications and construction management services. This will
complete the remaining design and construction management services required for the Lake Worth
Dredging Project. This contract will be brought to the Council for approval in the near future.
The proposed Amendment No.1 with Freese and Nichols, Inc., for the Lake Worth Dredging Project
Phase 1 will be for an amount not to exceed $878,058.00 with a revised maximum fee of
$2,397,337.00 for this contract.
Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to an
additional three percent M/WBE participation on this Amendment/Change Order No. 1.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance funds will be available in the
current capital budget, as appropriated, of the Lake Worth Gas Lease Capital Improvement Fund and
the Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
_1.1 C246 538070 601159990100 $878,058.00 1&2)
C246 538070 601159990100 $878.058.00
2&3) $878,058.00
P253 472246 607560116630 4) P253 531200 607560116630 $878.058.00
3) P253 531200 607560116630 $878,058.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Paul Bounds (8567)
ATTACHMENTS
60FREESE AND NICHOLS LAKE WORTH DREDGING DESIGN PH 1 AMEND1 MAP.pd
60FREESE AND NICHOLS LAKE WORTH DREDGING PH 1 AMEND 1 A012 C246.doc
60FREESE AND NICHOLS LAKE WORTH DREDGING PH 1 AMEND 1 A012 P253.doc
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16390&councildate=3/6/2012 3/8/2012