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HomeMy WebLinkAboutContract 26883 CITY SECRETARY CONTRACT NO. AMENDMENT WITH M&C AMENDMENT NO. 5 STATE OF TEXAS CITY OF SECRETARY CONTRACT NO. 20565 COUNTY OF TARRANT WHEREAS, the City of Fort Worth (City) and Freese and Nichols, Inc. (Engineer) made and entered into City Secretary Contract No. 20565: Integrated Wet Weather Wastewater Management Program, (The Contract) which was authorized by the City Council by M&C C-14401 on the 26th day of July, 1994 ; and WHEREAS, the Contract involves engineering services for the following project: Engineering contract for program management for developing the integrated Wet Weather Wastewater Program. WHEREAS, it has become necessary to amend said Contract to include an increase in scope of work; 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 1, Section 1 of the Contract is amended to include the additional engineering services specified in M&C 1-1 f55 adopted by the City Council on the 2ZIW - day of M pL , 2001, and further amplified in the attached Scope of Services, copies of which are both attached hereto and incorporated herein. Exhibit A, DESCRIPTION OF PROJECT AND SCHEDULE, Page 1, add the following to the list of tasks for the continuation of the program: 39. Phase I Program Management for Fiber Optic Cable Construction. 40. Phase II Operations. 41. Sewer and Water Mapping Update. 42. Continuation of SCDP Program. Page1 '�Old tier g[F')EnV' .SIJ 4�/_��✓:�tl.f;�P �1�'4'11A Exhibit A, Page 2, add the following to the schedule: Event Completion Time 4. Task 39, 40, 41 and 42 May 1, 2002 TASK 39 - PHASE I PROGRAM MANAGEMENT FOR FIBER OPTIC CABLE CONSTRUCTION The Phase I portion of this program shall consist of coordinating with the Transportation and Public Works Department (TPW) to develop a process flow diagram describing the newly implemented TPW Utility Construction Policy for the submittal and approval of design submittals relating to construction of fiber optic cable in the City of Fort Worth jurisdiction, and to develop the procedures for reviewing those documents and reporting back to the submitting contractors. The Engineer will coordinate with the TPW Department concerning the submittal and approval process to streamline review activities. The Engineer will also develop a training manual and conduct a training course to review current utility locate procedures and to familiarize personnel with particular items to watch for in this work. The course will include discussions on the importance of critical water mains in the system and how the operation and loss of those mains can affect critical pressure planes in the City's water distribution system. The Engineer will also prepare standard specifications for "D-hole" activities. Program management activities shall consist of monitoring progress of all Phase I activities, scheduling, coordination, cost control of the program, reporting, and cost tracking for activities such as damage to existing facilities that may be considered to be reimbursable by the construction contractors under the new system. TASK 40 - PHASE II OPERATIONS Under this task, Engineer shall perform the operations portion of the program. Management in this phase will include scheduling and coordination, document tracking, and cost tracking of the program. Engineer shall provide one full-time reviewer/scheduler for a twelve-month period to process design submittals related to the fiber optic cable projects. Engineer shall provide the full-time reviewer/scheduler to the Water Department to be located in city facilities. ND Page 2 Review of submittals shall include verifying existing utilities information along the proposed cable route and indicating locations per the information provided from the city's records. Scheduling assistance shall be provided to assist Water Department staff in scheduling internal supplemental staffing for locate and inspection services on larger projects. TASK 41 - SEWER AND WATER MAPPING UPDATE Under this task,Engineer shall perform mapping update assistance on the water and sewer maps for one of the larger fiber optic installation projects. A technician is provided for one month to assist in identifying and locating existing as-built maps for areas located along the route of one new fiber optic cable project. A technician is also provided for three months to update the department's water and sewer maps along this route to show the new facilities constructed during the timeframe of the program. This could include facilities installed within the program construction phase or any other departmental projects that have been completed. As built drawings supplied by the city will be used to update existing maps. The city shall make available computer access to the existing electronic files through the use of a departmental computer and connection to the city network. TASK 42 - CONTINUATION OF SMALL CONTRACTOR DEVELOPMENT PROGRAM (SCDP) The Small Contractor Development Program is currently in full operation with forty contractors in the program and twenty-one actively participating. This task would continue the program efforts and continue to support and ultimately graduate these contractors. The program will continue to be open only to new contractors sent by other City Departments. Referred contractors will be evaluated as previously done in the past for their technical and financial capabilities and determined whether they would be accepted as participants. Business and Financial Evaluation and Assistance The Engineer shall maintain a database of the local small construction contractors that are participating in the SCDP. The database shall include firms that provide the technical trades on public works projects such as those included in the Wastewater Program and that have either submitted information for review for evaluation or have already completed the assessment. The database shall provide empirical data on financial strength, management, bonding, work experience, corporate organization, and business growth for the firms. The database will be updated quarterly. Page 3 _ u 11�1n C�rii All /d DI U The Engineer shall maintain a case management program that responds to qualified local small construction contractors that request or are recommended by the City to participate in the SCDP. The Engineer shall provide the following: Individual meetings with local small construction contractors (approximately two hours each). A written summary of each meeting with these firms The Engineer shall assess the technical competence, bidding eligibility, and business capabilities of individual local small construction contractors that are added as a result of the preceding activity. The qualification assessment shall be used to help identify training needs for SCDP firms. Qualification assessments will be done on an as needed basis. Six assessments are estimated to be completed in this phase. For those participants that are determined to be qualified for performing contract work the Engineer will submit to the department a recommendation of bid limit to be used by the department in its final evaluation and acceptance. The Engineer will make available to the contractor business resources that will assist the contractor on the financial aspects of a business. The SCDP will qualify the contractor for a bonding and working capital limit available through the SCDP. The bonding availability will coincide with the established bid limit. The Engineer will re-evaluate the contractors bid limit upon receipt of new financial information to determine if the limit should be adjusted. The Engineer will review the contractors financial statements on a six month regular basis if the contractor does not request it on a shorter timeframe. A spreadsheet showing the current bid limits of all participants shall be submitted to the City whenever any changes are performed. Technical Assistance The Engineer shall maintain files on each contractor in the program once they have had an established bid limit identified by the City. The Engineer will assist the contractor in evaluating their technical abilities with respect to the type and size of work they might consider bidding. The Engineer shall make available contract data pertinent to the bid and award of contracts advertised by the City. The following information shall be included and can be FAXED or sent by mail depending upon the contractor's request: a. Recent bid tabulations for sewer as well as selected waterline and storm sewer City bid projects. b. Schedule of estimated project bid dates of upcoming work. C. Copies of bid advertisements of project notices in the newspaper. d. Notification of estimated low bidder on sewer line projects. Page 4 )UyV n � 7 The Engineer will review the contractor's personnel and staff upon request and as an ongoing requirement of participating in the SCDP. The Engineer will recommend sources for equipment, personnel and other technical and business assistance for growing the contractors business. The Engineer shall maintain a list of training programs available to local small construction contractors who wish to participate. Training subjects shall include successful subcontracting, successful prime contracting, estimating, bidding, vendor relationships, business financial, and other topics. This activity, along with the qualification assessment, shall be used to assist local small construction contractors to acquire the necessary managerial, financial, and successful project-related skills in order to compete for and complete IWWWMP construction contracts. This catalogue shall be updated semi-annually. Contract Progress Monitoring The Engineer shall monitor the progress of all contracts currently held by participants of the SCDP. Regular visits to the job site will be performed to assess the contractors performance and progress. These site visits will be documented and reported to the Program Manager. The Engineer shall report in writing to the City quarterly. The report shall include highlights of the Program, number of participating contractors, information on the success of the contractors, and other information relating to the success or failure of the Program. In addition, the Engineer will prepare a monthly report. The Engineer will present the results of the monthly report to the City each month at the regularly scheduled weekly meeting. Exhibit D, COMPENSATION, Item A.5, and BUDGETARY AMOUNT, delete the budget amount table and replace it with the following table: 'JFRIN- ��ilz�UG?Q CME U111 RA U�U Page 5 Ff. KEN; Tao basicnermgvc�sButlget Fixed:Fee T._�?? .S Original Contract Program Management Services $ 6,261,634 $ 727,016 $ 6,988,650 Fee Adjustment for Program ($ 115,376.68) ($ 115,376.68) Purchase of Computers Through City and Outside Support Sampling and Testing Services Amendment No. 2 $ 3,152,769 $ 346,251 $ 3,499,020 Amendment No. 3 $ 2,676,577 $ 278,753 $ 2,955,330 Amendment No. 4 $ 326,000 $ 32,600 $ 358,600 Subtotal $12,301,603.32 $1,384,620.00 $13,686,223.32 Amendment No. 5 $ 778,759.44 Total $14,464,982.76 Compensation for Amendment No. 5 will be in accordance with Exhibit D, Item B "Special and Additional Services". Substitute attached Exhibit E, (Schedule of Charges), for the original Exhibit E. Exhibit F, TASK BUDGETS, replace the task budget sheet from the original contract with the revised Exhibit F attached to this amendment. Gff Page 6 ✓ _ F c All other provisions of the contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTBD on this the f day of , 2001, in Fort Worth, Tarrant County, Texas. ATTEST: _ yL � ll k-G✓ '"/"l'Glori earson City Secretary APPROVAL RECOMMENDED: APPROVED: e Fisseler, P.E. ike Groomer Director, Water Department Assistant City Manager Freese and ' hols, Inc. By: C-- Name: P,g c�T /� PovaK- APPROVED AS TO FORM AND LEGALITY: / 1 Contract Authorization Date Gary Stem erger Assistant City Attorney - 184 0,iF,,X'r,A1112ECORD Contract Authorization Page 7 Date EXHIBIT E Amendment No. 5 SCHEDULE OF CHARGES SPECIAL AND ADDITIONAL SERVICES Staff Member Salary Cost Times Multiplier of 2.045 Resident Representative Salary Cost Time Multiplier of 2.0 Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) plus unemployment and payroll taxes and contributions for social security, employment compensation insurance, retirement benefits, medical and other insurance, and other miscellaneous benefits. Other Direct Expenses Actual Cost Times Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. Rates for In-house Services Computer and CAD Calcomp Plotter PC CAD Stations $10.00 per connect hour Bond $ 2.00 per plot Interpro $12.50 per connect hour Color $ 3.50 per plot PC Stations $ 8.00 per connect hour Vellum $4.00 per plot VAX Computer $20.00 per connect hour Mylar $10.00 per plot Print Shop Bluelines $ 0.07 per square foot Offset and Xerox Copes $ 0.07 per single side copy Offset and Xerox Copies $ 0.14 per double side copy GBC Binding (Regular Cover) $ 2.00 per book GBC Binding (Emboss. Cover) $ 4.00 per book Tape Binding (Regular Cover) $ 1.75 per book Tape Binding (Emboss. Cover) $ 3.75 per book 1-23-01 FNI OWNER Exhibit F Amendment No. 5 Task Budgets The following are the budget allocations for each of the separate tasks as defined in Exhibit B - Scope of Services as amended. These budget allocations represent the Engineer's estimate for each task and transfer for allocations between tasks is authorized after notification by Engineer to the City, providing transfers do not change the total project budget amount. Changes to the total project budget will be performed through amendments to the Agreement. Task# Task Title Budget Allocation 1. Project Management $2,078,990.49 2. Small Contractor Development Program $ 488,992.19 3. Financial Planning Assistance $ 69,821.00 4. Policy Assistance $ 65,874.02 5. Quality Control Program $ 49,299.24 6. Regulatory Agency Liaison $ 149,329.06 7. Long-Term Maintenance Program Plan $ 240,095.10 8. Data Management Acquisition $ 244,121.42 9. Public Participation Program $ 179,191.00 10. Develop Long Term Flow Monitoring Standards $ 68,301.55 11. Water Quality Modeling $ 249,574.73 12. Develop SSES Standards $ 219,197.44 13. Effluent Reuse Evaluation $ 177,458.23 14. Siting Study for Alternative Wet Weather and Dry Weather $ 58,923.40 15. Update Flow Criteria $ 454,190.65 16. Update Land Use Data $ 92,867.00 17. Update SNAP Model $ 361,135.13 18. Perform Dynamic Flow Modeling $ 313,598.46 19. Update Wastewater Master Plan $ 348,429.50 20. Design Coordination Services $ 500,437.68 21. Construction Coordination Services $ 62,992.11 22. Post Construction Services $ 61,017.68 23. Update Final 201 Facility Plan $ 169,378.00 24. Program Management (Amendment 2) $1,599,094.31 25. Project Schedule (Amendment 2) $ 157,709.41 26. Small Contractor Development Program(SCDP)(Amend.2) $ 301F0221 _00 cC� Task# Task Title Budget Allocation 27. Wastewater Annual Planning Support $ 751,897.52 28. Maintenance Management Support $ 56,368.75 29. Program Support Contingency $ 411,941.50 30. Program Support Contingency $ 212,613.80 31. Program Management (Amendment 3) $1,267,202.00 32. Regulatory Action Plan (Amendment 3) $ 238,080.00 33. Project Scheduling (Amendment 3) $ 266,974.00 34. Planning Support (Amendment 3) $ 283,074.00 35. SCDP (Amendment 3) $ 770,000.00 36. Program Support Contingency (Amendment 3) $ 130,000.00 37. Program Support Contingency (Amendment 2) $ 178,354.00 38. Continuation of SCDP Program (Amendment 4) $ 358,600.00 39. Phase I Program Management (Amendment 5) $ 159,542.00 40. Phase II Operations (Amendment 5) $ 225,046.24 41. Sewer and Water Mapping Update (Amendment 5) $ 119,170.80 42. Continuation of SCDP Program (Amendment 5) $ 275,000.00 $14,464,982.76 [FTW94158A]T:\CITYOFFTW_WETWEATHER\AMENDMENTAMEND5-FTW From Rosemary.doc City of Fort Worth Program Management for Fiber Optic Cable Construction Budget for Program Management Services Table B- Detailed Task Work Breakdown Structure T i5t 3L M1areylePnrlt foTFlttsr OF.G�GaGIVY.r:C�SirLiCl�]r.. I - - I I - -- ..-- 1ti]{t1 Y-- �_ Ste" a,,.,-* nc.•. Gs7'ar.- At 3r. E'C G, i�N 9ri''�lyh ii'P7�"rTefx lAi it-c-bu err ..,,nr. :In rti> + it `1 .w I d1f 1 51 •ice ue[ i. t re1Tr'�.Girf aM1�4i. "oress�erS t."fl l" 4(l 1101 1:ati . �&-WmPale 1741r�; - _ 3'ri9t3 1WE13'J 3Me 1�1.�"JlX1' i- G,- fB041ir if�LC.t -tem 31 Tfrtat Lemur _ L7,44]rye ImtGD q7. 341@•l.'® t=oc I 4-a FGG i1R 1[TJ 4lAi!1'.0j i.0 4D 51t Ma W 31-f%7911 Tastt U-Phaee Il r:paradox - t - �V �ia�._�et�ir- 411 Der P.lrar­ :!R fi 51K ;4Y �.. f� A 4l aT�rew�v�nRs+n z+n•�- - _ InA On r 3 D. _ J I eCIRr*'Ara AJ. lm,! lal 0 ta.' - Cil 0� 0 2 9_r 3be&brml S' !r_el :lA1.u1- Fs w 31+L.A >ITJIIi1 E,C104 n..d 13.31 1Im3EL,M, sm.9.J_M_-3 7'o-W 10"1 :3of-am17 —F, -. 36�. $a�_ risTy�t1r 1-s7111rA1j 2-M 002 r4l.041 rr anti iM1lafkr MFa�UFdaiar�G+dRMi* iraar t.c!a, ezr _rbxxc",.11 e'•rjF r4 .ooe a.r,� mn tea. 5PP _ — e 1: _ __ 'P.fir: i.+ _7laAQr �— r # 0 tJ Total Hour; 1! iZn L I rip Billie ata 14•r-»,. 1�IE'VJ T1an•74 S"=+a GJr't up 't14',619- Sa65Li S�'.1�•]- =t3 �'_5[rJ' _ I Total L bor V r� T E?D; .• $. � !-[1 D4 J'-iJ # Srn 1'an - Y- fT,+aE.tx s to=.4a 6 3 _ - 'i 19 J s a N _� T l vtl ask 2-€%tamd Small r-UnArGet:l D-*-J*pPmwn PrrlTjraI I i - - I - NORh rt - �tuts. - D1 xt ++. q� xarvk �_.r"-:+ r: - --�- - r D rl- .- ��> R to Imoc _3 55d1 -g13 37215-M La or — -- IDS �}� .iPo m.#7 l� r Cil I r.t� I 6� LiiF idflCa t� .. Total Labor and Expenses =778,759.44 Fiber Optic Program Management rev 1 2-1LPErevised4_23-ATC.As 817ID1 WBS 1 of 1 12:16 PM City of Fort Worth, Texas 4velffor And ColoneR communicaflon DATE REFERENCE NUMBER LOG NAME PAGE 5/22/01 8599T 60EXTEND 1 of 2 SUBJECT APPROVAL OF AMENDMENT NO. 5 TO THE ENGINEERING AGREEMENT WITH FREESE & NICHOLS, INC. FOR THE INTEGRATED WET WEATHER WASTEWATER MANAGEMENT PROGRAM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 5 to City Secretary Contract No. 20565 with Freese & Nichols, Inc. for the Integrated Wet Weather Wastewater Management Program, increasing the agreement amount by $778,759.44 to $14,577,315.12. DISCUSSION: On July 26, 1994 (M&C C-14401), the City Council authorized the execution of an engineering agreement with Freese & Nichols, Inc. to provide engineering services in an effort to comply with an Environmental Protection Agency Administrative Order (the Order) which specified an eight-year compliance schedule to correct the deficiencies in the wastewater collection system and elimination of sanitary sewer overflows. The deadline to comply with the Order is September 30, 2001. This agreement was previously amended (M&Cs C-15589, C-15849, C-17274 and C-18223) to allow for the lease of office space, to extend the agreement period, and to continue the Small Contractor Development Program. This amendment extends the contract an additional year in order to respond to several sewer overflows that have been identified as a result of heavy rainfall from December 2000, to March 2001. Approximately 24 locations of unauthorized discharges were reported to the Texas Natural Resource Conservation Commission on March 29, 2001. Continuation of this engineering agreement is necessary to continue critical elements of the program for an additional year. Additional services under this agreement include engineering assistance in the review of plans for the installation of fiber optic facilities near critical water and wastewater facilities, and prioritization of wastewater master planning to extend wastewater facilities to unincorporated areas within the City's extraterrirotial jurisdiction and within the current corporate boundaries of Fort Worth. Also included in this amendment are mapping services for the construction completed in the Wet Weather Wastewater Management Program. This project is citywide. City of Fort Worth, Texas qV611jor And Council coningunication DATE REFERENCE NUMBER LOG NAME PAGE 5/22/01 **C-18599 1 60EXTEND 2 of 2 SUBJECT APPROVAL OF AMENDMENT NO. 5 TO THE ENGINEERING AGREEMENT WITH FREESE & NICHOLS, INC. FOR THE INTEGRATED WET WEATHER WASTEWATER MANAGEMENT PROGRAM FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Sewer Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) *PROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: MAY 22 2001 Dale Fisseler 8207 (from) PS46 531200 070460410140 $778,759.44 /.;may l Additional Information Contact: Dale Fisseler 8207 A C E N T U R Y O F S E R V I C E fro 1 FREESE•NICHOLS June 7, 2001 Ms. Madelene Rafalco City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 Re: The Proposed Amendment of the Wet Weather Program to Manage Fiber Optic Cable Program Dear Ms. Rafalco: As we discussed earlier today, enclosed are four originals of the proposed amendment to the Wet Weather Program contract that was approved by the Fort Worth City Council last week. The amendment covers additional services for assisting the City Staff with administering the locate operations associated with Contractor fiber optic installations. The amendment also extends the SCDP program. All four copies have been executed by Freese and Nichols, Inc. We look forward to working with you on this project. Should you have any questions regarding the attached documents please do not hesitate to call me at 817-735-7348. Very truly yours, FREESE AND NICHOLS, INC. Aat' awrence P. Eckersley, Associate [FI'W94158A]T:\CITYOFFTW_WETWEATHER\proposal continuation wet weather.doc Freese and Nichols, Inc. Engineers Environmental Scientists Architects 4055 International Plaza Suite 200 Fort Worth,Texas 76109-4895 817-735-7300 Fax 817-735-7491