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HomeMy WebLinkAboutContract 39779-A2THE STATE OF TEXAS COUNTY OF TARRANT CITY SECRETARY AMENDMENT No. 2 CONTRACT NO, G, Z § CITY SECRETARY CONTRACT NO. (No M&C Needed) WHEREAS, the City of Fort Worth (City) and Freese &Nichols, Inc., (Engineer) made and entered into City Secretary Contract No. 39779, (the Contract) which was authorized by the City Council by M&C 24059 on the 26th day of January, 2010; and WHEREAS, the Contract involves engineering services for the following project: North and South Holly Water Treatment Plant Ozone Upgrade Project WHEREAS, it has become necessary to execute Amendment No. 2 to said Contract to include a modified salary rate schedule; 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 II of the Contract is amended to provide for a modified billing rate for the project resident representative. The billing rate starting on September 1, 2012 for the resident representative will be increased from $85 per hour to $115 per hour, as specified in the proposal letter dated October 16, 2012, a copy of which is attached hereto and incorporated herein. All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. EXECUTED on this ���`-- day of �� �%lvL C�-- 1012, in Fort Worth, Tarrant County, ATTEST: J. 11-27-12 P03:50 OFFICIAL RECORC CITY SECRETAR`� �1'. WORTH, TX 1 APPROVAL RECOMMENDED: S. Frank Crumb, P.E. Director, Water Department Freese &Nichols, Inc. ENGINEER APPROVED AS TO FORM AND LEGALITY: APPROVED: Fernando Costa Assistant City Manager 4055 International Yiaza, Suite 200 •Port Worth, Texas 761d9 817-735.7300 •fax 817-735-7491 • www.freese.com October 16, 2012 City of Fort Worth Water Engineering Department 1511 1 l s, Ave. Fort Worth, Texas 76102 ATTN: Mr. Chris Harder, P.E. RE: North &South Holly WTP Upgrade Ozonation Facilities Capital Project No. 00757 Construction Management Services City Secretary Contract No. 39779 Amendment No. 2 Extended Lead PRR Services Billing Rate Dear Mr. Harder: Freese and Nichols requests of the Construction Management Services Contract Attachment B Compensation Section LB be amended to allow a billing rate of $L15 per hour for the Lead Plant Resident Representative effective September 1, 2012. No increase in the Contract Amount is requested. The original agreement provided a billing rate of $85 per hour for the Lead Plant Resident Representative for 24 months of services at an estimated 44.6 hours per week. ffi late Apri12012, it became apparent that the Construciion Contract would not be completed by August 17, 2012 as required by the Construction Contract Documents. This presented a problem for Freese and Nichols as the Lead PRR, Mr. David Schroeder, BIT., was scheduled to begin his next assignment as soon as the current project was completed. His next assignment, the Brazos River Authority's Possum Chigdom Dam Emergency Low Flow Outlet project was also being accelerated due td the drought of 2011 and would begin before the contractual completion of his Holly WTP assignment. FNI reviewed available staff and determined that Mr. Clay Rahn, P.E., who was completing his field assignment at the Village Creek WRF, had the necessary skills and experience to transfer into the Holly Lead PRR position to provide the balance of inspection services required. Mr. Rahn has also worked on the FWWD Eagle Mountain WTP Phase 3 Expansion and was knowledgeable in the FWWD's procedures and expectations for major plant improvement projects. Freese and Nichols felt it inappropriate to request a billing rate increase for the Lead PRR services during the contractual 24 months of services as the change in personnel was made at FNI's election, not the FWWD's request. We believe the requested increase in billing rate is fair and that FNI should not be financially penalized by having to use the original position's billing rate during the period that the Construction Contractor is behind schedule, extra engineering services are needed, and a more experienced employee is being utilized. Sincerely, FREESE AND NICHOLS, INC. G.E. Gay, P.E. Xc: David Sloan File FTW10112.4.21 L:I IOT.LYOZONE\LECSER5\FW WD\FITN10112 CM Services Contract Amend 2 Rev 1101b12