HomeMy WebLinkAboutContract 51297-R1A1 CITY SECRETARY
CONTRACT No. 5►a 9-7-RW
$ o� o4�e CITY OF FORT WORTH
FIRST AMENDMENT and FIRST RENEWAL OF AGREEMENT
This FIRST AMENDMENT and FIRST RENEWAL of AGREEMENT between the City of
Fort Worth, ("CITY") and Freese and Nichols, Inc., ("CONSULTANT") renews the ORIGINAL
AGREEMENT (City Secretary #51297), for the PROJECT generally described as: Drainage and
Floodplain Review Services.
WHEREAS,the ORIGINAL AGREEMENT and two subsequent renewals were authorized
by M&C C-28828, September 11 2018;and
WHEREAS,it has become necessary to amend the ORIGINAL AGREEMENT to insert
a not-to-exceed termination date for the purpose of enhanced contract funding accountability; and
WHEREAS,staff desires to renew the ORIGINAL AGREEMENT, as amended; and
WHEREAS, sufficient funds for said renewal have been appropriated;
NOW,THEREFORE,it is agreed by the CITY and CONSULTANT as follows:
Article I
The ORIGINAL AGREEMENT, at Article III,Term, therein, is hereby amended to read as
follows:
Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term
beginning on the effective date,as described below,and shall continue until the expiration
of the funds or completion of the subject matter contemplated herein, whichever occurs
first. In any event, however, this agreement shall terminate after five years from the
effective date of the ORIGINAL AGREEMENT or any subsequent effective date
established by renewal or amendment. This Agreement may be renewed up to two
additional terms at the City's discretion.
Article II
The ORIGINAL AGREEMENT,as amended,is renewed for an additional term at the same
dollar amount. Billing rates have been updated per Attachment B.
Article III
There are no other changes to the ORIGINAL AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY BLANK—SIGNATURE PAGE TO FOLLOW
OFFICIAL RECUkU
CITY SECRETARY
FT WORTH, TX
First Amend and First Renewal of Agreement CS#51297
Freese and Nichols,Inc.
EXECUTED and EFFECTIVE as of the date subscribed ty the City's designated Assistant City
Manager.
APPROVED:
City of Fort Worth Freese and Nichols,Inc.
Darla Burghdo Scott u
Interim Assistant City Manager Vice-President
DATE: DATE:
APPROVAL RECO
William Johnson,Dire or
Transportation/Publi orks 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.
Frank Steven Mason,P.E.,CFM
Production Manager
APPROVED AS TO FORM AND LEGALITY:
M&C: S'
Date: 1'1 1 e
Do glas W. Black
Sr.Assistant City Attorney
Eli
ary J.K I
��9 G OFMCIAL RECORD
City Secretary
CETV SECRETARY
Fl. WORTH,TX
First Amend and First Renewal of Agreement CS#51297 Page 2 of 2
Freese and Nichols,Inc.
ATTACHMENT "A"
Scope of Work
Drainage Review Assistance Services
City Project No.
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. Under this scope, "ENGINEER" is expanded
to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER.
Under this scope, "CITY" is expanded to include the City of Fort Worth Project Manager and/or
their representatives or designees.
OBJECTIVE
Freese & Nichols, Inc.. (Consultant)will provide 1) assistance in review of iSWM and Grading
Plans, ISWM Construction Plans, Infrastructure Plans, CIP Construction Plans (Grading and
Drainage), and Floodplain Studies and Permit Applications for the City of Fort Worth
Department of Transportation and Public Works; 2) training for Consultants in the Land
Development Community; and 3) Assistance and Maintenance of the iSWM Dashboard.
WORK TO BE PERFORMED
Task 1. Management
Task 2. Task Order Implementation
Task 3. iSWM and Grading Plan Review
Task 4. iSWM Construction Plan Review
Task 5. Infrastructure Plan Review
Task 6. CIP Plan Review (Grading and Drainage)
Task 7 Floodplain Studies and Permit Applications
Task 8 Training for Consultants in the Land Development Community
TASK 1. MANAGEMENT
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.
1.1. 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
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 1 of 7
• The Consultant will maintain a log of all drainage reviews in a manner approved
by the City Project Manager. The log will include project name and number, dates
of receipt of plans, name of review engineer, date of completion of review, and
status of review.
• At the request of the City Project Manager, the Consultant will attend meetings
with the Developer and Developer's Engineer to discuss comments.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement
and submit monthly in the format requested by the CITY.
• Complete Monthly SBE and MBE Report Form and Final Summary Payment
Report Form at the end of the project.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company representative.
DELIVERABLES
A. Drainage Review Logs.
B. Monthly invoices.
C. Monthly progress reports.
D. Monthly M/WBE Report Form and Final Summary Payment Report Form.
TASK 2. TASK ORDER IMPLEMENTATION
2.1 Initiate Task Order Request
The City Project Manager will notify the Consultant when a project is to be reviewed.
Plans will be submitted to the Consultant in a digital format by email or the Consultant
will be asked to obtain printed plans from the City The City will screen the application
for completeness and specifically request the type of review needed, i.e. iSWM Plan,
Grading Permit, iSWM Construction Plan, or other review. The package will include
the information submitted to the City such as completed checklists, plans,
computations, reports, and computer models. The City Project Manager will also
provide additional background information needed by the Consultant such as
existence of known downstream drainage and flooding problems. The notification to
Consultant will constitute the Task Order Notice to Proceed.
2.2 Initial Review
Comments will be shown with red marks on plan and calculation sheets and will be
accompanied by brief commentary on each comment, within a transmittal letter or
comments added in the City of Fort Worth Accela tracking system. Transmittal letters
will be signed and sealed by the Review Engineer. Reviewed plans and transmittal
letters will be electronically transmitted to the City in digital format and hand delivered
to the City later. The Consultant will be available to discuss comments with the City
City of Fort Worth,Texas
Attachment A
Page 2 of 6
Project Manager as needed. The City Project Manager will be responsible for
providing comments to the Developer and Design Engineer unless the ENGINEER is
requested to do so.
2.3 Subsequent Review
Reviews of revised plans will be prepared in the same manner as for initial reviews.
2.4 Project Closeout
When all comments have been addressed to the satisfaction of the City, the City
Project Manager will notify the Consultant and the particular review will be considered
closed.
TASK 3. iSWM AND GRADING PLAN REVIEW
3.1 Initial iSWM Plan Review
In general the purpose of an iSWM plan review is to confirm that adequate outfall
exists and that adverse impacts will not result from the proposed project. Specific
items to be reviewed for existing, proposed, and ultimate conditions include drainage
area delineations and area computations, proper use of runoff coefficients and
composite runoff coefficient computations, and analysis of downstream drainage
capacity. Detention calculations and modeling will be required for those projects
where detention is required.
3.2 Subsequent iSWM Plan Reviews
Reviews of revised plans will be prepared in the same manner as for initial reviews.
Subsequent reviews may include review of Stormwater Facilities Maintenance
Agreements (SWFMA), Preliminary Plats, and Final Plats.
DELIVERABLES
A. iSWM and Grading Plans with Redline Comments.
B. Comment Letter(signed and sealed) and/or entry into Accela.
C. PDF of iSWM Plans with Redline Comments.
D. PDF of Comment Letter for each review.
TASK 4. iSWM CONSTRUCTION PLAN REVIEWS
4.1 Initial iSWM Construction Plan Review
iSWM Construction Plans will be reviewed to determine appropriateness of the
individual BMP for the particular application. This will include review of capacity
calculations, notes, and construction details.
City of Fort Worth,Texas
Attachment A
Page 3 of 6
4.2 Subsequent iSWM Construction Plan Reviews
Reviews of revised plans will be prepared in the same manner as for initial reviews.
DELIVERABLES
A. iSWM Construction Plans with Redline Comments.
B. Comment Letter (signed and sealed) and/or entry into Accela.
C. PDF of iSWM Construction Plans with Redline Comments.
D. PDF of Comment Letter for each review.
TASK 5. INFRASTRUCTURE PLAN REVIEW
5.1 Pre-submittal Plan Review
Consultant will review submitted plans and provide comments at the pre-submittal
meeting held on Thursday
Consultant will attend the pre-submittal meeting and discuss plan comments with the
applicant.
5.2 Initial Infrastructure Plan Review
Infrastructure plans will be reviewed for conformance with City Drainage criteria. Plans
will be reviewed in Autodesk Buzzsaw when required.
5.3 Subsequent Infrastructure Plan Reviews
Reviews of revised plans will be prepared in the same manner as for initial reviews.
DELIVERABLES
A. Infrastructure Plans with Redline Comments.
B. PDF of Grading Plans with Redline Comments.
C. PDF of Comment Letter and/or entry into Accela for each review.
TASK 6. CIP CONSTRUCTION PLANS
6.1 Initial CIP Construction Plan Review
CIP construction plans reviews will focus on the assessment of proposed drainage
and grading improvements for compliance with City requirements. Generally, the
review will include drainage area delineations, hydrologic parameters, runoff
calculations, spread of water calculations, inlet capacity, hydraulic grade line
City of Fort Worth,Texas
Attachment A
Page 4 of 6
calculations, outfall protection / energy dissipaters, constructability and downstream
impacts. Comments will provided on the plans or through Buzzsaw.
6.2 Subsequent CIP Construction Plan Reviews
Reviews of revised plans will be prepared in the same manner as for initial reviews.
DELIVERABLES
A. iSWM CIP Construction Plans with Redline Comments.
B. PDF of iSWM CIP Construction Plans with Redline Comments.
C. PDF of Comment Letter and/or entry into Accela for each review.
TASK 7. FLOODPLAIN STUDIES AND PERMIT APPLICATIONS
7.1 Initial Floodplain Studies and Permit Applications Review
In general the purpose of a Floodplain Studies and Permit Applications review is to
insure the submissions follow the City of Fort Worth, State, and Federal requirements
for each respective study and permit application. A very detailed review and analysis
of these submittals is required by a person experienced and competent in this type of
work. There might be meetings with the applicants accompanied with this task that the
ENGINEER is expected to attend if needed and/or requested.
7.2 Subsequent Floodplain Studies and Permit Applications Reviews
Reviews of revised studies and permits will be handled and prepared in the same
manner as for initial reviews.
DELIVERABLES
A. Floodplain Studies Reviews with Redline Comments.
B. Floodplain Permit Applications with Redline Comments.
C. Comment Letter(s) (signed and sealed) and/or entry into Accela for each review.
D. PDF of Floodplain Studies and Permit Applications with Redline Comments.
E. PDF of Comment Letter(s) for each review.
F. Monthly tracking of projects costs in a separate tab the follows the current tracking
of iSWM projects on the Excel format.
TASK 8. TRAINING FOR CONSULTANTS IN LAND DEVELOPMENT COMMUNITY
8.1 Develop plans and strategies for Land Development Consultant Training.
• Identify most frequent issues and review problems from past drainage review
projects.
City of Fort Worth,Texas
Attachment A
Page 5 of 6
• Meet with City Drainage Review Staff to discuss and formulate best strategy for
training.
8.2 Prepare materials for formal training sessions.
• Use case studies from past City and Land Development Consultant reviews.
• Employ Land Development Consultant and City Drainage Review Staff
experiences.
• Use specific submitted/reviewed projects for examples. Such submitted/reviewed
projects will have names of projects and persons removed
• Prepare a "lessons learned" document that can be forwarded to consultants and
posted on the City website. This will be a living document to be revised over time.
8.3 Prepare and provide to Land Development Consultants additional, simplified
checklists and instructions to address the most frequent drainage submittal errors.
8.4. Conduct training sessions with Land Development Consultants
8.5. Document all training with digital products such as Power Points, handouts, etc.
8.6. Repeat training sessions up to three times.
DELIVERABLES
A. Lessons learned documents.
B. Training materials such as Power Point presentations and handouts.
C. Simplified checklists
City of Fort Worth,Texas
Attachment A
Page 6 of 6
Attachment B
COMPENSATION
Drainage Review Assistance Services
City Project No.
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.-
Position Rate
Professional - 1 113
Professional -2 137
Professional -3 156
Professional -4 178
Professional - 5 209
Professional -6 240
Construction Manager- 1 91
Construction Manager-2 117
Construction Manager- 3 138
Construction Manager-4 173
CAD Technician/Designer- 1 96
CAD Technician/Designer- 2 126
CAD Technician/Designer- 3 153
Corporate Project Support- 1 92
Corporate Project Support-2 111
Corporate Project Support- 3 148
Intern/Coop 57
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,
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 5
B-1
Attachment B
COMPENSATION
other direct 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 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
Attachment B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Fee Amount %
Responsibility
Prime Consultant
Freese and Nichols, Engineering Reviews $629,000 85.0%
Inc.
SBE Sub-Consultant
Shield Engineering Engineering Reviews 111,000 15.0%
Non — MIWBE Consultants
N/A
TOTAL $740,000 100%
Project Number and Name Total Fee M/WBE Fee M/WBE %
Drainage Review Assistance $740,000 $111,000 15.0%
City M/WBE Goal = 15% Consultant Committed Goal = 15.0%
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 5
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page including negotiated total budget and allocations
of budgets across desired work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 4 of 5
B-4
Freese and Nichols,Inc. Invoice-T&PW
4055 International Plaza,Suite 200 Proj.Invoice No.
Fort Worth, TX 76109 Invoice date:
Tel:817-735-7300 Period (From-To)
Fax: 817-735-7491 DOE No.
email:pia@freese.com T&PW Proj No.
City Secy.Cont.No.
COFW Project Manager Steve Mason,PE
Consultant's Project Manager: Dwain Brown,PE
Name of Project: DRAINAGE REVIEW ASSISTANCE
Work Phase STORM DRAINAGE
Revised Amt.
Orig.Amount incl.Amendment
OAAO Drainage Review Assistance $
$
CONTRACT AMOUNT $ $ -
TOTAL CONTRACT AMOUNT $
TOTAL CONTRACT AMOUNT TO DATE(including amendments) $
STORM DRAINAGE
DRAINAGE TOTAL CONTRACT
REVIEW DESCRIPTION OF WORK THIS INVOICE PREVIOUS AMT.
NUMBER INVOICES REMAINING
Drainage Reviews $ - $ - $ -
List all amendments to date
(Do not invoice for additional work until the related amendment has been executed by the city)
City Secy. Date
Amendment No. Description Contract No. Executed by Total Amount
for the City
amendment
1
2 $ -
3 $ -
4 $ -
TOTALS $ -
TOTAL THIS INVOICE 50.00
Make all checks payable to:Freese and Nichols, Inc.
Submitted by:Christopher Moss,PE,Project Manager
Freese&Nichols,Inc.
4055 International Plaza,Suite 200
Fort Worth,TX 76109
Accounting Representative:Stephanie Kirchstein
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 5 of 5
B-5