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HomeMy WebLinkAboutContract 55399-A4CSC No. 55399-A4 AMENDMENT No . 4 TO CITY SECRETARY CONTRACT No. 55399 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc., (ENGINEER) made and entered into City Secretary Contract No. 55399, (the CONTRACT) which was authorized by M&C 21-0128 on the 16th day of February, 2021 in the amount of $1,001,447.00; and WHEREAS, the CONTRACT was subsequently revised by Amendment No.I in the amount of $94,871.00 administratively authorized on October 8, 2021, Amendment No.2 in the amount of $169,005.00 authorized by M&C 22-0590 on August 9, 2022, and Amendment No.3 in the amount of $35,396.00 administratively authorized on October 6,2022; and WHEREAS, the CONTRACT involves engineering services for the following project: 3rd Barrel Parallel Sanitary Sewer to the Twin 90- inch Sewers Serving the Village Creek Wastewater Treatment Plant, Bank Protection at the Village Creek Wastewater Treatment Plant and Pipeline Erosion Analysis at Five Low Water Crossings Project; WHEREAS, it has become necessary to execute Amendment No. 4 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 proposal attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $64,597.00 (Sewer) . 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 $1,365,316.00. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 [3ra Barrel Parallel SS to Twin 90" for VCWTP] Page 1 of 2 [CPN 103128] EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager. APPROVED: City of Fort Worth 1ST Bc�gGui� Dana Burghdoff (Auk 13, 2023f1�:24 CDT) Dana Burghdoff Assistant City Manager DATE: Aug 23, 2023 APPROVAL RECOMMENDED: Christopher H r %��ZOit- 9YG der (Aug 21, 2023 13:59 CDT) Chris Harder, P.E. Director, Water Department Contract Compliance Manager: ENGINEER Freese and Nichols, Inc. Nicholas Lester, P.E. Vice -President DATE: 8/Z 1 /2043 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. to�Ixl u yal, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY: PIG ge, I D Black (Aug 23, 2023 09:32 CDT) Douglas W. Black Senior Assistant City Attorney inn FORT IlIla ATTEST: �oF° ad GAO oP40 °* o Jannette S. Goodall City Secretary Prof Services Agreement Amendment Template Revision Date: November 23, 2021 Page 2 of 2 M&C : N/A Date: N/A Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX [3=d Barrel Parallel SS to Twin 90" for VCWTP) [CPN 1031281 801 Cherry Street, Suite 2800 + Fort Worth, Texas 76102 + 817-735-7300 + FAX 817-735-7491 July 5, 2023 Ms. Pratima Poudyal, P.E. Project Manager City of Fort Worth Water Department 311 West 10th Street Fort Worth, TX 76102 www.freese.com Re: Amendment No.4 for the 3`d Barrel / Village Creek Bank Stabilization / 5 Sites 3`d Barrel — Additional Design Due to THC Marys Creek (City Project No. 103128) Dear Ms. Poudyal: Freese and Nichols, Inc. (FNI) is pleased to provide this amendment for the Engineering Design Services for the 3`d Barrel / Village Creek Bank Stabilization / 5 Sites project (City Project Number 103128). This amendment includes two parts: • Modifying the 120-inch sewer alignment, additional archeological survey, and surveying the known archeological site. This additional effort is a result of coordination with THC and subsequent alignment modification requirement during the archeological surveying for the original contract. • Bid and construction phase services for the relocation of the Marys Creek Sanitary Sewer Main M-259. FNI records show that this proposal would serve as Contract Amendment No. 4.A summary of the additional costs is shown below: 3`d Barrel: Item Fee THC Coordination $ 10,609 Alignment Modifications $ 25,224 Additional Archeological Survey $ 8,969 Additional Topo Survey $ 2,808 Total $ 47,609 Marvs Creek: Item Fee Design and Project Management $ 5,831 Bid Phase $ 6,882 Construction Phase $ 4,275 Total $16,988 L:\Client\OLCR\F\Fort Worth\FTW21267\Amd #4\Marys Creek CPN 103128 Amendment No. 4 — Marys Creek P Barrel / Village Creek Bank Analysis / 5 Sites July 5, 2023 Page 2 of 2 Original Contract Amount $ 1,001,447 Amendment No.1 $ 94,871 Amendment No.2 $ 169,005 Amendment No.3 $ 35,396 Amendment No.4 $ 64,597 Contract Amount to Date $ 1,365,316 Freese and Nichols, Inc. appreciate this opportunity, and we would like to meet with you to discuss these additional services at your convenience. Sincerely, 1 " �C� Jl� Nicholas Lester, P.E. Vice President Attachments Level of Effort Spreadsheet Attachment A - Scope L:\Client\OLCR\F\Fort Worth\FTW21267\Amd #4\Marys Creek ATTACHMENT A DESIGN SERVICES FOR PARALLEL SEWER (108•INCH OR 120•INCH) TO TWIN 90•INCH SEWER ATTACHMENT A Scope for Enqineerinq Desiqn Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR 3RD BARREL PARALLEL SEWER TO TWIN 90-INCH SEWERS, VILLAGE CREEK BANK ANALYSIS / PLAN DEVELOPMENT AND PIPELINE EROSION RISK ANALYSIS FOR 5 SITES AMENDMENT NOA CITY PROJECT NO.: 103128 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. Task Nos. 1-15 were previously defined under the original contract and previous amendments. Although not included here the language in the original contract applies to this amendment, as if included herein. The purpose of this amendment is to amend Task 3.0 (Preliminary Design 60%) due to additional coordination with THC and subsequent additional archeological survey; to amend Task 4.0 (Final Design 90% and Final CDs 100%) due to modification of the 120-inch alignment and Task 7.0 (Survey/SUE Level D) by including additional topographical survey for the known archeological; and to amend Task 16.0 (Marys Creek) bid and construction phase services for approximately 1,300 LF of 12-inch PVC sewer line. WORK TO BE PERFORMED Task 3 — Preliminary Design (60 Percent) for Gravity Main Task 3.7 Additional Archeological Investigation Task 4 — Final Design (90 Percent) and Final Construction Documents (100 Percent) Task 4.3 100 Percent Development of modified alignment Task 7 — Survey / Subsurface Utility Engineering Services (Level D) Task 7.1 Additional Topographical Investigation (known archeological site) Task 16 — Marys Creek Task 16.1 Design Management Task 16.3 Final Construction Documents (100%) Task 16.4 Construction Phase Services Task 16.6 Bid Phase Services City of Fort Worth, Texas Attachment A PMO Release Date: 07.23,2012 Page 1 of 5 ATTACHMENT A DESIGN SERVICES FOR TWIN 90•INCH EMERGENCY BANK STABILIZATION TASK 3. PRELIMINARY DESIGN (60 PERCENT) FOR GRAVITY MAIN. ENGINEER will perform additional archeological survey and coordinate with THC, as follows: 3.7. Additional Archeological Investigation. The number of archeological surveys originally included in the original contract was rejected by the Texas Historical Commission (THC) as requested in the archeological permit application, submitted by the archeological sub -consulted. The permit was rejected due to the presence of an existing known site, which necessitated additional survey to identify the limits of the known archeological site. This scope represents the additional number of excavations and its associated costs. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Engineer will modify the 120-inch sewer alignment as a result of the coordination with THC, as follows: 4.3. The ENGINEER shall submit a revised alignment with the 100% design package. TASK 7. SURVEY / SUBSURFACE UTILITY ENGINEERING SERVICES (LEVEL D). 7.1. Design Survey To provide additional information to identify the archeological boundary. TASK 16.1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change: • communicate effectively. • coordinate internally and externally as needed. • proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 16.1.1. Managing the Team • Lead, manage and direct design team activities. • Ensure quality control is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. 16.1.2. Communications and Reporting • Prepare monthly invoices in a format acceptable to the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 5 ATTACHMENT A DESIGN SERVICES FOR TWIN 90•INCH EMERGENCY BANK STABILIZATION ASSUMPTIONS • City will perform self -review — no coordination required with TCEQ. DELIVERABLES • Monthly invoices. • Monthly progress reports. TASK 16.3. FINAL CONSTRUCTION DOCUMENTS (100 %) 16.3.1 Completed under the Amendment 3 scope. 16.3.2 Completed under the Amendment 3 scope. 16.3.3 Engineer will develop other than open cut (OTOC) design and details. 16.3.4 ENGINEER will develop preliminary project specifications and front-end documents for City review, incorporate any CITY comments, and provide the project manual for bid and construction. ASSUMPTIONS • ENGINER shall provide CITY with electronic files for review and comment. • ENGINER shall provide CITY with electronic files for bidding purposes. TASK 16.4. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows: 16.4.1 Construction Support • Per the Amendment 3 scope. 16.4.2 Record Drawings • Per the Amendment 3 scope. 16.4.3 Submittal Review • ENGINEER shall review up to 15 construction material submittals. TASK 16.6. BID PHASE SERVICES Upon completion of the design services and approval of the Final drawings and specifications by the OWNER, the ENGINEER will proceed with the performance of services in the bid phase. ENGINEER will support the bid phase of the project as follows. • The ENGINEER will provide technical assistance with the contractor's questions. • An addendum will be prepared as needed for any plan revisions. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 5 ATTACHMENT A DESIGN SERVICES FOR TWIN 90•INCH EMERGENCY BANK STABILIZATION • Utilize BIM360 for electronic bid document distribution, bidder's questions, and electronic bid submittal. Printed bid documents will be available at City Hall. City Hall shall receive all printed bids. • Attend the prebid conference in support of the CITY. • Attend the bid opening in support of the CITY. • ENGINEER will prepare itemized bid tabulation, evaluate bids for discrepancies, check contractor references, and prepare a letter of recommendation of award. ASSUMPTIONS • The project will bid only once and be awarded to one contractor. • 1 Addenda DELIVERABLES • Plan Revisions (if required) • Letter of Recommendation • Bid Tabulation City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 5 ATTACHMENT A DESIGN SERVICES FOR TWIN 90•INCH EMERGENCY BANK STABILIZATION ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Scope of Services — Refer to original contract for additional services not included in the scope of services. CITY and ENGINEER further agree that the following services are beyond the Scope of Services described in the tasks above. However, if requested, ENGINEER can provide these services 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 before the services are performed. These additional services include the following: • Resident project representation (RPR). • Subsurface Utility Engineering (SUE). • Geotechnical Drilling. • Services related to the development of the CITY's project financing and budget. • Performance of materials testing or specialty testing services. • Services related to damages caused by fire, flood, earthquake, or other acts of God. • Services related to warranty claims, enforcement, and inspection after completion. • Services related to Survey Construction Staking. • 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. • Environmental services, including preparation of a Clean Water Act Section 404 Individual Permit or Nationwide Permit Pre -Construction Notification, Archeological monitoring during construction, or THC coordination (for Marys Creek construction project). City of Fort Worth, Texas Attachment A PIVO Release Date: 08.1.2014 Page 5 of 5 TASWH EXorlBp.. OWN TAS WMOUR BREA!(�OWN ]rE B.rr.l Irrt.rwpter-Am.nEm.rrt No>- part t .�•• o.•. ICPN toat28 ��.—J-, =. �o ~z :;; xl I :� �� a' I el- ri u . V•i I rf s r I I I I I Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for 3rd Barrel Interceptor - Amendment No.4 - Part 1 CPN 103128 Task No. Task Description Total Labor Subconsultant Total Expense Task Sub Total % Complete Cost Travel Reproduction Cost Rate MWBE Non-MWB7ense 3.0 �reliminar� Design/60% $9.637 $8,969 S01 $34 $40 $9,043r $18.680 0.00% 3.7 Environmental Pennntinp valuation $9.637 $8.9691 $341 $40 S9,043 S18,680 0.00% 4.0 Fi.nal Desigp,nn f)90%) and Final CDs (100%) $25.191 $o Sol $241 $9 $33 $25,224 0.00% 4.3 Prepare 100Ho Plans/Specs $25.191 1 1 $241 $9 533 S25,.4 0.00% 7A Survey1SUE Level D $372 $01 $2,2D0� 3161 $0 52,216 $2,588 11.00% 7.1 Survey $372 I 62.200j 516j S2,216 S2.588 0.00% Totalsi $ 35,200.00 1 $ 8,969.00 1 $ 2,200.00 1 $ 74.00 1 $ 49.00 $ 11,292.00 $ 46.492.00 0.00% j 01 o% Project Su(�jnary 1,620 t00% Total Hours 216 1.6201 100% Total Labor $35.200 Total Expense $11.292 (A) Total Fee $47,609 MBFISBE Subconsultant S8,969 (B) Survey Fee $2,200 Nan-MBE/SBE Subconsultant S2,200 (C) Total Fee(-) survey Fee S45,409 10% Sub Markup S1,117 Sewer Fee (100.00% of C) MBE/SBE Participation 18.8% I $45.409 Total Project Cost $47,609.00 City of Fort Worth. Texas Attachment B - Level of Effort Supplement Typical Water and Sewer Replacement FWWTR Official Release Date: 8.09.2012 Payment Request 9: 55399-XX Service Date:From Service Date:T0 Invoice Date: Budget 10% sub Sub Total Total Budget Remaining markup w/70%sub Completed Remaining markup Amount $18,680.00 $897 $19.577 $0 $19,577 $18,680.00 $897 S19,577 $0 $19.577 $25.224.00 $1 $25,224 SO 525,224 S25..4.00 $o S25,224 $0 S2s,zz4 $2,588,00 $220 $2,808 so $2,808 $2,588.00 $220 S2.808 So S2.808 $46.492.00 $1.1171 $47,6091 sol $47,609 Note to City: The "Task Sub Total" does not account for the 10%Sub- consultant markup. As such, columns AG and AH were added so that numbers matched Attachment B-1 EXHIBIT B-2 Level of Effort Spreadsheet TASKIHOUR BREAKDOWN Design Services for 3rd Barrel / Village Creek / 5 Sites -Amendment No.4 Mary's Creek Sewer M-259 Relocation - Part 2 CPN 103'28 I Labor moor: I x n e E7... aII(p sTravel I Task No. Task Description Project I Senior Advisor/ J Assistant EIT Utliity 'onstruetab OA Reviowar Environmental Total Labor Subconsultant Total Expense Task Sub Total %Complete Budget Manager OC Reviewer PM CAD Inty Review Scientist Cost I Reprotluction cost Remaining race $34'1 529tl $171 $126 )I $15tl $3391 $37U $196 MWBE Non-MWBEI 16.1 16.1.1 Design M.n.g...nt Managing the Teem 1 2I I 0! U 01 0� -� 0 $1,451 SO $U $01 $01 I 90 s0 $1.451 50 0.00%+� 0.00%J $1.451.00 $0.00 Internal Team Coordmebon 1 I I $0 0.00Y. 50 I I t I ) 31 0 . 18Anstruction Phase Services 1 51 D 151 DI 0 01 01 0� KZ75I S01 $01 $01 Sr$01 S4.2751 0.00% S4,2r5 0.4.37.enri Pre-Consbucton Conference 1 11 1 21 I I I $684{` I I I 1 $6841 0.00% $684.00 �Submittal Renew I I I 101 I I I $1.710 I I I 1 $1.7101 0.00% $1.710.00 1iiF000 1 1I I 31 I I 1 5855 I I I 1 58551 0.00% $855.00 IF1nal Walk Through 31 1 1 I 1 I 51.0261 I I I $1.0256 0.00% $1,026.00 18.8 IBid Phase 1 1 D 121 21 2 01 01 20 $6,8826 $01 $01 S01 SO 501 16:112: 0.00%++ $6.682 BIM 360 Ccortlination I I 1 21 I I I I 4 $1,126 I I I $01 S1,1261 0.00%I S1.126.00 1 Issue Addenda I 1 I 11 I I I S171 I I I 1 $1711 0.00%1 $171.00 j Attend Pre -bid Conference 3 I $855 I I II 1 S8551 0.00%I $855.00 Atted Bid Opening 111 1 $17 1 5171 000% $171.00 Tabulate Brie and Recommend Am 31 I $5113 1 55131 0.00%1 $513.00 Issue Conformed Contract Documents 1 1 21 2 16 $4.046 $01 $4.046 0.00%1 $4,D46.00 Tatllsi 201 6,988 Projectummery Tot. Hours) 70 Total Labof 518.988 Total has So MBEISBE Subcon uiten 50 Non-MBEISBE Subconsultan I $0 10% Sub Markup SO MBEISBE Pancipatio 1 0.0% Total Project Coati $16,986.001 City of Fort Worm, Texas Attachment B- Level of Effort Supplement Typical Water and Sewer Replacement FW WTR Official Release Date: 8.09.2012 EXHIBIT B-2 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for 3rd Barrel / Village Creek / 5 Sites - Amendment No.4 Mary's Creek Sewer M-259 Relocation - Part 3 CPN 103128 Task No. Task Description 16.1 'Design Management 16.1.1 Managing the Team Internal Team Coordination QA/QC (2QA, 3 QCs) 16.1.2 Communications and Reporting Pre -Design Coordination Meeting (1 total) Design Submittal Review Meetings (1 total) Benbrook Coordination 6.3 1Final Construction Documents (100%) 16.3.3 IOTOC Design 16.3.4 I Specifications 16.4 (Construction Phase Services 16.4.3 lAttend Pre -Construction Conference ubmittal Review �I/CO V nal Walk Through �6.6 id Phase l BIM 360 Coordination I Issue Addenda I Attend Pre -bid Conference l Attend Bid Opening l Tabulate Bids and Recommend Award Issue Conformed Contract Documents 1 City of Fort Worth, Texas Attachment B - Level of Effort Supplement Typical Water and Sewer Replacement FWWTR Official Release Date: 8.09.2012 Expense Total Labor Subconsultant Total Expense Task Sub Total %Complete Budget Cost Travel Reproduction Cost Remaining Rate MWBE Non-MWBE $1,451 $0 $01 $01 $0 $0 $1,451 0.00% $1,451.00 $0 1 1 $0 0.00% $0.00 $0 1 1 $0 0.00% $0.00 $938 1 1 $938 0.00% $938.00 $513 1 1 $513 0.0 % $513.00 $0 1 1 $0 0.00% $0.00 $0 1 1 $0 0.00% $0.00 $0 I I - 1 $0 0.00% $0.00 I $4,3801 $01 $01 $01 $01 $01' $4,3801 0.00% $4,380 $2,092 1 1 1 1 $2,092 0.00% $21092.00 11j $2,288 1 I 1 I $2.2881 0.00% $2,288.00 $4,275 $01 $01 $01 $0 $Dl $4,275, 0.00% $4,275 $684 1 1 I 1 $6941 0.00% $684.00 $1.710 1 1 I 1 $1,7101 0.00% $1,710.00 $855 1 1 I 1 $8551 0.00% $855.00 $1,026 I I I $1,0261 0.00%1 $1,026.00 i i r 1 I $6,882 $o1 $01 $01 $0 $01 $6,8821 0.00% $6,882 $1,126 1 1 1 $01 $1,1261 0.00% $1,126.00 $171 1 1 1 $1711 0.00%1 $171.00 $855 1 1 I 1 $855 0.00 % $855.00 $171 1 1 I 1 $171 0.00% $171.00 $513 1 I I I $5131 0.00%1 $513.00 $4,046 I I I $01 $4,0461 0.00%1 $4.046.00 Totalsl $16,9881 $ol $01 $01 $Ol $01 $16,9881 $01 $16,988 Project Summary Total Hours 70 Total Labor $16,988 Total Expense $0 MBE/SBE Subconsultant $0 Non-MBE/SBE Subconsultantl $0 10% Sub Markup) $0 MBE/SBE Participation) 0.0% Total Project Cost] $16,988.001