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Contract 42187-A2
L rn Fri rn CJ MENDM I T No o 2 c If SECRETARY COWL) NOS) ri TO CITY SF;IR 1 ARY CONTRACT Moo 42187 WHP,REAS , the City of Fort Worth (CITY) and Freese and Nichols, Inc . , (ENGINEER) made and entered into City Secretary Contract No. 42187, (the CONTRACT) which was authorized by M&C C-25110 on the 23'3 day of August, 2011 in the amount of $ 5 0 6, 8 0 0; and WHEREAS, the CONTRACT was subsequonlly revised by: Amendment Number 1 in the amount of $29,205 which was administratively authorized on March 1, 2 012 ; and, WHEREAS, the CONTRACT involves engineering services for the following project: Burchi 11 Channel Improvements, City Project No . 01712; and WHEREAS, it has become necessary to execute Amendment No. 2 to the CONTRACT to include an increased scope of work and revised fee. NOW THEREFORE, O, 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 November 13, 2013, 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 $ 58, 2 01. (See Attached Funding Breakdown Sheet, Page -3-) 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 $594,206. 3. 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 PM0 Official Release 8/1/2012 Pagel of 3 OFFICIAL REMRD Mr", SECRETARY - ,gyp WORTH , TX EXECUTED anc below. _ EFFECTIVE as of the date last written by a signatory, APPROVED: City of Fort Worth 44i41.4444;ea Fernando Costa Assistant City Manager DATE: ///404t APPROVAL RECOMMENDED: Douglas W. Wi'ersig, P.E. Director, Transportation and Public Works Department .ENGINEER Freese and Nichols, Inc. Jo Dewar, Feb., SF Vz� President DATE: ( 1 ( 3 APPROVED AS TO FORM AND LEGALITY: se \AAA tAA,r tic L Ilsas 6J W. Black yv�� c. lne � l� M►'1 • f'�"ti �� C Assistant City Attorney ATTEST: Mary J •y er City Se retary City of Fort Worth Professional Services Agreement Amendment Template PM0 Official Release 8/1/2012 Page 2of3 M&C• Date: i e Zcsct 19 OFFICIAL RECORDI RISfY SECRETARY rc�P. WORTH, TX Department TPW TPW FUNDING BREAKDOWN SHEET City Secretary No. 42187 Amendment No. 2 Fund -Account -Center Amount P227 531200 208280171230 P227 531200 208280171280 Total: City of Fort Worth Professional Services Agreement Amendment Template PM0 Official Release 8/1/2012 Page 3 of 3 $44,491.00 $13,710.00 $58,201 Innovative approaches Practical results Outstanding service 4055 International Plaza, Suite 200 • Fort Worth, Texas 76109 • 817-735-7300 • fax 817-735-7491 www.freese.com November 13, 2013 Michael Owen, P.E. Senior Professional Engineer City of Fort Worth, Transportation and Public Works 1000 Throckmorton Fort Worth, Texas 76102 Re: 01712 Burchill Drainage Improvements Project — Amendment No. 2 Dear Mr. Owen, The Burchill Drainage Improvements project has encountered numerous changes over the life of the project. Many of the changes resulted in work outside the scope of our original contract. We are requesting an amendment to clarify the project scope and fee. This project has included both scope additions which result in a fee increase, and scope reductions which result in a fee credit to the City. The scope items are discussed in detail below and are categorized as scope reductions, scope additions which have already been encountered, and scope additions which are anticipated to be needed as future services. The future services include bid and construction phase services and are documented in Attachment A according to the City standard format. A fee summary corresponding to each scope item is also included. Scope Reductions 1. Remove Channel Erosion Protection from scope Following the 60% review meeting, the City directed FNI to evaluate whether Burchill Channel posed an imminent threat to the Uplift Education building and required construction of erosion improvements. FNI conducted a site visit reviewed our channel assessments, and acknowledged that these design improvements could be removed from the project without threatening the adjacent structures. Although this portion of the project was removed from the scope, significant effort had already been incurred to this point including the additional evaluation of the erosion risk. By removing this portion of the scope following the 60% design, design effort for this portion was not required for the 90% and 100% design but there was some effort required to remove these sheets from the set. The credit was applied based on the level of effort spreadsheet from the original design contract. This effort was evaluated and seemed to still be an accurate estimate of the remaining effort for this item. 2. Remove Maddox Culverts from scope o Following the 90% review meeting, the City deleted the Maddox portion of the project scope due to funding constraints. Like the channel improvements, significant effort had already been incurred to this point, including additional scope items as noted below. By removing this portion of the scope following the 90% design, design effort was not required for the 100% design, but there was some effort to remove these sheets from the set. The credit was applied based on the level of effort spreadsheet from the original design contract. This effort was evaluated and seemed to still be an accurate estimate of the remaining effort for this item. 01712 Burchill Amendment #2 Page 2 of 4 3. Storm Water Pollution Prevention Plan ® The original contract included a scope item for a SWPPP. Current practice is for the engineer to prepare an iSWM construction plan and have the contractor use that in developing the SWPPP. FNI recommends a no cost change to replace the SWPPP with the iSWM construction plan and checklists in the scope. Scone Additions (already encountered) 1. Additional meetings and project management ® The original contract anticipated review meetings at the end of each design phase with the Stormwater department. In addition to the stormwater meetings, FNI has also conducted meetings with the Water Department and Parks and Community Services (PACS) after each submittal. This has resulted in a total of six (6) additional meetings. ® The project has been delayed multiple times due to outside factors. The schedule delays and n umerous project changes have increased the project management requirements. The project has been delayed approximately 12 months from the anticipated schedule, requiring additional project coordination activities, monthly status updates, and monthly schedule updates. 2. Additional coordination with Oncor and Chesapeake ® Oncor - Additional coordination with Oncor was required due to conflicts with existing facilities along the Maddox alignment. This coordination was initiated by FNI in advance of the City franchise coordination process due to the nature of the conflicts. This coordination included multiple phone calls emails, and site visits with Oncor representatives to identify the conflicts, prepare relocations plans for Oncor facilities, and prepare necessary easements. ® Chesapeake — Additional coordination with Chesapeake was required due to the addition of landscaping that was in conflict with the proposed alignment. This coordination included additional emails and phone calls. 3. Retaining walls and access ramps at McKenzie ® Following the 30% design meeting the City requested that retaining walls be added to the McKenzie culvert crossing. Subsequently following the 60% design meeting, the City requested that the retaining walls be revised and maintenance access ramps added. The original scope assumed earthen grading upstream and downstream of the improved culverts per the open channel study recommendations. ® The maintenance access ramps and retaining walls required rework on the grading sheets and creation of eight (8) additional sheets of structural details. 4. Landscaping plan at Maddox ® Landscaping improvements were added to the Chesapeake site after the project was already in design. These landscaping improvements were in conflict with the Maddox culverts and were required by PACS as a condition of the original site development. PACS requested that our project replace any impacted landscaping so a landscaping plan was prepared. This effort was n ot anticipated in the original scope. Urban Forestry Permit at Maddox ® Because the project created a need to remove trees along the Maddox alignment, an urban forestry permit was required which was not included in the original scope 75% submittal for Franchise ® Due to the magnitude of the changes following the 60% review meeting, an additional 75% submittal was prepared so the franchise utility process could begin prior to 90% design. This additional submittal was not included in the original scope. 7. Special structural details for Maddox ® Following the 60% design review meeting, the City requested that junction box and custom box culvert sizes be added to the Maddox design. Due to the size and configuration of the culverts, 01712 Burchill Amendment #2 Page 3 of 4 this required a custom design for the box culverts and the junction box. The original scope and subsequent design submittals were based on standard box culvert sizes. As with other standard details these did not require any structural design for the actual box culvert. However, when non-standard sizes are used, a custom structural design is necessary. 8. Parks Conversion PACS has indicated that the work at McKenzie requires a Parks Conversion. This effort was not included the original scope. Fee Summary, Scope Reductions Remove Channel Erosion Protection from scope Remove Maddox Culverts from scope Storm Water Pollution Prevention Plan Total Scope Reductions Scope Addition (already encountered) Additional meetings Additional project management Additional coordination with Oncor and Chesapeake Retaining walls and access ramps at McKenzie Landscaping plan at Maddox Urban Forestry permit at Maddox 75% submittal for Franchise Special structural details for Maddox Parks Conversion Total Scope Additions (already encountered) Scope Additions (future services) Bid phase services Construction phase services Total Scope Additions (future services) Scope Reductions Scope Additions (already encountered) Scope Additions (future services) Total Net Fee Increase Fee ($25,689) ($6,700) $0 ($32,389) $3,860 $3,520 $3,800 $21,240 $5,360 $5,360 $2,760 $13,860 $7,280 $67,040 $9,840 $13,710 $23,550 ($32,389) $67,040 $23,550 $58,201 01712 Burchill Amendment#2 Page 4 of 4 The total for the proposed services is $58,201. The revised total contract amount is $594,206. We appreciate the opportunity to assist this City with this important project and are committed to working with the City to make this a success. Please contact me directly at 817-735-7378 if you require additional information. Thank you for your attention to this matter. Sincerely, Freese and Nichols, Inc. Scott Hubley, P.E., CFM Project Manager ATTACHMENT "A" Scope for Engineerinq Design Related Services for Storm Water Improvements Projects, 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 OBJECTIVE The project objective is the replacement of the culvert crossing at McKenzie Street as part of the 01712 Burchill Channel Improvements Project. WORK TO BE PERFORMED Task 5. Bid Phase Services Task 6. Construction Phase Services TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .xls file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 22 provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders • Attend the bid opening in support of the CITY. Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Assist the CITY with assembling and awarding contracts for construction, materials, equipment, and services. Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings • Final Design Drawings shall be submitted as an Adobe Acrobat PDF format (version 6 0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file (created from CAD application of drawing) for the TPW plan set and a separate PDF and DWF file for the Water plan set Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org' designating the file is of an original plan set, ` 47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36' shall be the total number of sheets in this file. Example: X-12755 orgl8.pdf City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 6 • Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — "W-1956_SHT01.dwg", "W- 1956_SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X- 12155_SHT01.dwg", `X-12755_SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 15 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • 10 sets of full size plans, 6 sets of half size plans, and 6 sets of specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) E CFW Data Spreadsheet TASK 6. CONSTRUCTION PHASE SERVICES ENGINEER will support the construction phase of the project as follows. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 6 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre -construction conference the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As -Built Survey o Red Line Markups from the Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet o r not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 4of6 assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the mylars. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956 org47.pdf' where "W-1956" is the assigned file number obtained from the CITY, "_org' designating the file is of an original plan set, ` 47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — `X-35667_org36.pdf " where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36' shall be the total number of sheets in this file. Example: X-12755 orgl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392 8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • • • • • 3 site visits are assumed. 10 submittal reviews are assumed. 3 RFI's are assumed. 3 Change Orders are assumed. One copy of full size (22"x34") mylars will be delivered to the CITY City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 5 of 6 DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E Final Punch List items F. Record Drawings ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 6 of 6 Task No. Task Description Project Project Director Manager Rate $200 $170 Scope Reductions (Fee Credits) (6) Remove Channel Erosion Protection from scope (90% submittal (2) (6) Remove Channel Erosion Protection from scope (100% submittal (2) (2) Remove Maddox culverts from scope (post 90%) (2) (4) Scope Additions 191 Additional meetings (6) Additional project management (monthly status and schedule updates and project coordination associated with cumulative 12 month delay) Additional coordination with Chesapeake and Oncor Retaining walls and access ramps at McKenzie Landscapincl plan at Maddox Urban forestry permit at Maddox 75% submittal for franchise Special structural details for Maddox Parks Conversion City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 4 ©E a A➢LED FEE EST➢nfiAT E TASK/HOUR BREAKDOWN 01712 [urchin Charrne➢ Drainage Improvements Labor (hours) Project G''T CADD Engineer $135 $125 $100 (32) (56) (100) (12) (24) (60) 92,1 12 16 16 (8) (16) (20) (12) (16) (20) 1401 841 180 12 a 4 12 40 40 80 4 8 16 16 4 8 16 16; 1 4 8 8 8 8 40 12 40 2 16 16 20 Administrative $85 0 Total Labor Cost -$5,820 -$6,700 Subconsultant MWBE ($7,117) ($7,117) Ex ense Non-MWBE $0 Travel $0 Reproduction $0 $66,840 $01 $01 $2001 $0 $3,660 $200 $3,520 $3,800 Total Expense Cost $0 $200 $200 $0 $0 $0 $0 $0 $0 $0 $0 Task Sub Total -$31,677 -$19,157 -$5, 820 -$6,700 $67,040 $3,860 $3,520 $3,800 $21,240 $5,360 $5,360 $2,760 $13,860' $7,280 1 of 2 Task No. 5.0 5.1 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 5.1.6 6.0 6.1 6.1.1 6.1.2 6.1.3 6.1.4 6.1.5 6.1.6 6.2 Task Description Project Project Director Manager Rate $200 $170 Bid Phase 2 18 Bid Support Sell Contract Documents and Maintain Plan Holders List Issue Addenda Attend Pre -bid Conference Attend Bid Opening 2 4 2 2 Tabulate Bids and Recommend Award 1: 4 Issue Conformed Contract Documents 1 4 Construction Phase Services 41 411 Construction Support Attend Preconstruction Conference 2 Attend Public Meeting 2 Project Site Visits 12 12 Submittal Review 2 16 8 Request for Information/Change Order Review 2 4 4 Final Walk Through and Punch List 4 Record Drawings .( 4 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 TASKIHOU(R BREAKDOWN 01712 Burchili Chainei Drainage improvements Labor (hours) Project EIT Engineer $135 $125 16 0 4 4 CADD $100 8 4 Administrative $85 28 4 8 4 4 8 281 01 201 0 20 Totals! 191 1391 1521 281 1081 28 Total Labor Cost $8,800 $1,560 $1,960 $340 $340 $2,100 $2,500 $13,550 $340 $340 $3,660 $4,200 $1,620 $680 $2,710 $64,630 Subconsultant MWBE $0 Expense Travel Non-MWBE $0 $40 $20 $20 Reproduction $1,000 $1,000 $01 $01 $160I $0 $20) $20 $100 $20 -$7,1171 $01 $4001 $1,000 Total Expense Cost Task Sub Total $1,040 $0 $0 $20 $20 $0 $1,000 $ 9, 840 $1,560 $1,960 $360 $360 $2,100 $3,500 $160 $20 $20 $100 $0 $0 $20 $0 -$5,717 $13,710 1 $3601 $3601 $3,7601 $4,2001 $1,620 $700 $2,7101 $58,9131 Project Summary Total Hours 474 Total Labor $64,630 Total Expense -$5,717 MBE/SBE Subconsultant -$7,117 Non-MBE/SBE Subconsultant $0 10% Sub Markup -$712 Total Project Cost $58,201 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/7/2014 DATE: Tuesday, January 07, 2014 REFERENCE NO.: **C-26619 LOG NAME: 20SW BURCHILL CHANNEL AMENDMENT #2 SUBJECT: Authorize Execution of Amendment No. 2 to City Secretary Contract No. 42187, an Engineering Agreement with Freese and Nichols, Inc., in the Amount of $58,201.00 for Additional Engineering Design of the Burchill Channel Improvements Project, Thereby Revising the Total Contract Amount to $594,206.00 (COUNCIL DISTRICT 5) RECOMMENDATION. It is recommended that the City Council authorize the execution of Amendment No. 2 to City Secretary Contract No 42187 an Engineering Agreement with Freese and Nichols, Inc., in the amount of $58,201.00 for additional engineering design of the Burchill Channel Improvements project, thereby revising the total contract amount to $594,206.00. DISCUSSION: The Amendment recommended by this Mayor and Council Communication will provide scope reductions due to elimination of portions of the project and add engineering design not previously included in the contract scope. The additional design scope includes the following: special detailed design of retaining walls to minimize land affected by construction, ramps for maintenance access, structural design of boxes to avoid existing 54 inch water main, Urban Forestry permit, parks conversion, additional coordination with City Departments and franchise utilities regarding the impact of the project on public/private infrastructure and private utilities, and bidding/construction phase services. The special detailed design, Urban Forestry permit, parks conversion and associated additional internal and utility coordination were not anticipated while scoping the original contract because the details of the design had not been developed yet. The bidding and construction phase services were not included in the original contract due to the uncertainty of how long it would be until the project would move into the bidding phase. Initial Contract Amendment N o 1 Amendment N o 2 P ROJECT DESCRIPTION Engineering design of Burchill Channel Improvements Additional geotechnical design surface underground engineering S cope reductions and additions, including design changes and special detail design U rban Forestry permit parks conversion, and bidding/construction phase services AMOUNT NOC APPROVED $ 506,800.00 C-25110 08/23/2011 $ 29,205.00 03/01/2012 Freese and Nichols, Inc., proposes to perform the Amendment services for a lump sum fee of $58,201.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. Funding for this project is being provided from revenue bonds in the Stormwater Capital Projects Bond Fund. http://apps.cfwnet.org/ecouncil/printmc.asp?id=19304&print=true&DocType=Print 1/8/2014 M/WBE Office - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the M/WBE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible. This project is located in COUNCIL DISTRICT 5, Mapsco 365 A4 (formerly in COUNCIL DISTRICT 8). FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 208280171230 $58.201 00 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Michael Owen (8079) ATTACHMENTS 1. 01712 Burchill Channel Amend 2 MWBE Waiver.odf (CFW Internal) 2. 01712 Burchill Channel Improvement ndf (Public) 3. FAR-01712-00007-Amendment#2.odf (CFW Internal) 4. P227 01712 ndf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?ic1=1 93 04&print=true&DocType=Print 1/8/2014 • City of Port Pinth,Texas Mayor and Counci Communication COUNCIL ACTION: Approved on 1/7/2014 DATE: Tuesday, January 07, 2014 REFERENCE NO.: **C-26619 LOG NAME: 20SW BURCHILL CHANNEL AMENDMENT #2 SUBJECT: Authorize Execution of Amendment No. 2 to City Secretary Contract No. 42187, an Engineering Agreement with Freese and Nichols, Inc., in the Amount of $58,201.00 for Additional Engineering Design of the Burchill Channel Improvements Project, Thereby Revising the Total Contract Amount to $594,206.00 (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 2 to City Secretary Contract No. 42187, an Engineering Agreement with Freese and Nichols, Inc., in the amount of $58,201.00 for additional engineering design of the Burchill Channel Improvements project, thereby revising the total contract amount to $594,206.00. DISCUSSION: The Amendment recommended by this Mayor and Council Communication will provide scope reductions due to elimination of portions of the project and add engineering design not previously included in the contract scope. The additional design scope includes the following: special detailed design of retaining walls to minimize land affected by construction, ramps for maintenance access, structural design of boxes to avoid existing 54 inch water main, Urban Forestry permit, parks conversion, additional coordination with City Departments and franchise utilities regarding the impact of the project on public/private infrastructure and private utilities, and bidding/construction phase services. The special detailed design, Urban Forestry permit, parks conversion and associated additional internal and utility coordination were not anticipated while scoping the original contract because the details of the design had not been developed yet. The bidding and construction phase services were not included in the original contract due to the uncertainty of how long it would be until the project would move into the bidding phase. PROJECT DESCRIPTION AMOUNT Initial Engineering design of Burchill Channel Contract Improvements Amendment Additional geotechnical design surface 29' 205.00 engineering No.1 underground Scope reductions and additions, including Amendment design changes and special detail design, No. 2 Urban Forestry permit, parks conversion, and bidding/construction phase services IM&C NO. $ 506,800.001C-25110 08/23/2011 APPROVED 03/01/2012 Freese and Nichols, Inc., proposes to perform the Amendment services for a lump sum fee of $58,201.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. Funding for this project is being provided from revenue bonds in the Stormwater Capital Projects Bond Fund. http://apps.cfwnet.org/ecouncil/printme.asp?id=19304&print=true&DocType=Print 1/8/2014 M/WBE Office - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the M/WBE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible. This project is located in COUNCIL DISTRICT 5, Mapsco 365 A4 (formerly in COUNCIL DISTRICT 8). FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 208280171230 $58.201 00 CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Michael Owen (8079) ATTACHMENTS 1. 01712 Burchill Channel Amend 2 MWBE Waiver.Ddf (CFW Internal) 2. 01712 Burchill Channel Imarovement.adf (Public) 3. FAR-01712-00007-Amendment#2.odf (CFW Internal) 4. P227 01712 DIM (CFW Internal) • http://apps.cfwnet.org/ecouncil/printmc.asp?id=19304&print=true&DocType=Print 1/8/2014