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HomeMy WebLinkAboutContract 33120-A3 ITY SECRETARY AMENDMENT N0.3 rONTRACT NO. TO CITY SECRETARY CONTRACT No. 33120 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 33120, (the CONTRACT) which was authorized by M&C #C-21234 on the 10th day of January, 2006 in the amount of $ 189, 000; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $314, 925 which was authorized by M&C #C-22994 on August 26, 2008, and Amendment Number 2 in the amount of $352, 698 which was authorized by M&C #C-26245 on May 14, 2013; and WHEREAS, the CONTRACT involves engineering services for the following project: Central Arlington Heights Storm Drain Watershed Planning Study; and WHEREAS, it has become necessary to execute Amendment No. 3 to the CONTRACT to include an increased scope of work and revised fee. NOW THEREFORE, CITY and ENGINEER, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT: 1 . Article I of the CONTRACT is amended to include the additional engineering services specified in a proposal dated December 5, 2016, 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 $48,000. (See Attached Funding Breakdown Sheet) 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 $904, 623. 3. Article IV of the CONTRACT is amended to revise insurance requirements as shown in Attachment C. City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 1 of 4 L z 4 . Article VI of the CONTRACT is amended to revise the indemnification clause as shown in Attachment D. 5. Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 6 months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. 6. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 2 of 4 e i EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worth ENGINEER Freese and Nichols, Inc. �Tenlr—�7 UL Jesus J. Chapa Sco t Hu ey, P.E. Assistant City Manager Associate DATE: �� GfG� DATE: APPR AL RECOMMENDED: LJ, GJ Douglas . Wiersig, P. Director, Transport ati n and Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: �fA. 9a4L Date: Douglas W. Black Assistant City Attorney ATTE Mary J. Kayser Fop; �00000000 City Secretary 0o ° ti S 0 V$ a 4?Z 0000000 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of 4 FUNDING BREAKDOWN SHEET City Secretary No. 33120 Amendment No. 3 Department Fund-Account-Center Amount 020E431 52002-5330500-100091 $48, 000 . 00 Total : $48, 000 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 4 of 4 FREESE ffM7M-1<1T'1CYOLS .- 4055 International Plaza,Suite 200 • Fort Worth,Texas 76109 • 817-735-7300 • fax 817-735-7491 December 5,2016 Ms.Jennifer Dyke, CFM Sr. Planner Transportation and Public Works Department Stormwater Management Division City of Fort Worth 1000 Throckmorton—Rm.G14b Fort Worth,Texas 76102 Re: Proposal for Central Arlington Heights Watershed Planning Study Amendment#3 Dear Ms. Dyke: In response to your request, Freese and Nichols, Inc. is pleased to present this scope of services for the above referenced project. This proposal includes the following services and tasks: Task Description Fee 1 Project Management and Meetings $6,000 2.1 Voluntary Property Acquisition Analysis $12,000 2.2 Recommendations $5,000 2.3 Grant Applications $15,000 3 Documentation and Deliverables $10,000 Total Proposed Amendment $48,000 The attached Scope of Services(Attachment A)includes a detailed description of the scope of work. Thank you for the opportunity to assist the City on this project. If you have any questions, please call me at(817)735-7378. Sincerely, Freese and Nichols, Inc. IScubley,P.E.,CFM Associate Project Manager ATTACHMENT A CENTRAL ARLINGTON HEIGHTS (CAH) STORM DRAIN WATERSHED PLANNING STUDY AMENDMENT#3 CITY PROJECT NO. 00080 SCOPE OF WORK PROJECT UNDERSTANDING The Central Arlington Heights (CAH) watershed has experienced several flooding events in recent years, both during and after the construction of the Ashland and Western capital projects. While these projects were only intended to provide incremental flood benefits, the occurrence of continuing floods has clearly demonstrated their limited nature. Historically, the neighborhood has been strongly opposed to voluntary property acquisitions; however, several residents have approached the City with an interest in selling their property. The purpose of this effort is to prepare grant applications for property acquisitions along with the necessary engineering analyses and benefit cost applications. FNI will perform the following services for the project. BASIC SERVICES TASK 1. PROJECT MANAGEMENT AND MEETINGS ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. I.I. Managing the Team • Lead, manage and direct team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend up to two (2)project meetings to discuss the project with City staff • Prepare and submit monthly progress reports in the format provided by the respective CITY Department to accompany monthly invoices. DELIVERABLES A. Meeting summaries with action items 1 B. Monthly progress reports C. Baseline project schedule D. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes TASK 2. VOLUNTARY PROPERTY ACQUISITION ALTERNATIVES 2.1 Voluntary Property Acquisition Analysis • Prepare individual property Benefit-Cost Ratios (BCRs) for up to fifteen (15) properties using FEMA BCA software to support grant application. • The City will provide a list of properties to be included in the grant application. • Prepare exhibit (supported by a table) documenting properties that have reported flooding in the past (and the number of times flooding has been reported) based on City records. • Prepare cost estimates needed for the grant application such as property purchase, relocation, and demolition costs. • Prepare a table (owner name, address, TAD number, TAD value) and map depicting the properties to be included in the concept. Indicate whether properties have flood insurance, identify FEMA repetitive loss properties, and which grant program is applicable to each property. • Remove these structures from the hydraulic model, re-execute the model, and summarize the results including an evaluation of downstream impacts, if any. • Evaluate necessary detention or site grading improvements required to mitigate any potential downstream impacts. • Summarize the level of flood benefit(if any) based on standard return events. • Perform benefit cost calculations for the cumulative project including all properties using FEMA software and summarize the results. 2.2 Recommendations • Document potential secondary uses for the acquired properties and their value to the community. FNI will include previous graphics developed by FNINerdunity and readily available case studies from other communities. • Document maintenance considerations and estimated costs for the properties. 2.3 Grant Application Assistance • Prepare grant application for FMA or HMGP program for up to fifteen (15) properties. • It is assumed that grant applications will be submitted in batches in up to two application cycles. TASK 3. DOCUMENTATION AND DELIVERABLES 3.1 Prepare a brief draft report that includes the methodology used for the formulation and analysis of the property acquisition alternative, results, exhibits, opinion of probable construction costs, and recommendations. Deliver one (1) electronic PDF of the draft report to the CITY for review. 2 3.2 Based on CITY review and comments, prepare a final report. 3.3 Deliver 5 hard copies and one electronic version of the final report to the CITY. Electronic deliverable shall include the final report, exhibits, InfoWorks ICM modeling files, and applicable GIS layers and maps. SPECIAL SERVICES: ENGINEER will perform additional related tasks as directed by the City to potentially include but not limited to meetings, coordination, public involvement, hydraulic analyses, and grant applications. ENGINEER will not proceed with special services without written authorization from the City. ADDITIONAL SERVICES: 1. Preliminary or final design of recommended improvement alternatives 2. Assistance with real estate transactions or property acquisition 3. Evaluation of alternatives in addition to those listed above 4. Field survey 5. Coordination with individual property owners 6. Assistance with legal proceedings 7. Assistance with additional grant application cycles beyond those listed above TIME OF COMPLETION: FNI agrees to complete the services within four(4) months from the notice to proceed. 3 ATTACHMENT B COMPENSATION CENTRAL ARLINGTON HEIGHTS WATERSHED STUDY CITY PROJECT NO. 00080 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. A summary of current hourly billing rates is provided below: CAD Technician/Designer- 1 91 CAD Technician/Designer-2 117 CAD Technician/Designer-3 145 Construction Manager- 1 85 Construction Manager-2 111 Construction Manager-3 131 Construction Manager-4 164 Corporate Project Support- 1 87 Corporate Project Support-2 105 Corporate Project Support-3 139 Intern/Coop 53 Professional- 1 107 Professional -2 130 Professional -3 146 Professional-4 169 Professional-5 197 Professional-6 225 Technology Charge 8.50 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 expenses associated with delivery of the work; plus applicable City of Fort worth,Texas Attachment B PMO Oficial Release Date:8.09.2012 Page 1 of 5 B-1 ATTACHMENT B COMPENSATION 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 in the format and including content as presented in Exhibit B-1. 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 Attachment B PMO Official Release Date:8.09.2012 Page 2 of 5 B-2 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Freese and Nichols, Inc. Engineering and PM $40,500 84.4% MWBE Sub-Consultant none Non — M/WBE Consultants Hildy Soper Grant Assistance $7,500 15.6% TOTAL $48,000 100% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 5 B-3 Attachment C-Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Transportation and Public Works Department, Attention: Jennifer Dyke, 1000 Throckmorton, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specked herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than workers compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers'compensation insurance policy(s)covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. L Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Attachment C -Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify or hold harmless the City against liability for any damage to the extent caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant exercises control.