Loading...
HomeMy WebLinkAboutContract 58801-A1CSC No. 58801-A1 AMENDMENT No . 1 TO CITY SECRETARY CONTRACT No. 58801 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc, (ENGINEER) made and entered into City Secretary Contract No. 58801, (the CONTRACT) which was authorized by M&C 22-1041 on the 13th day of December, 2022 in the amount of $ 198,855.00; and WHEREAS, the CONTRACT involves engineering services for the following project: 2024 Bridge Maintenance, CPN 104485; and WHEREAS, it has become necessary to execute Amendment No. 1 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 $68,920. (See Attached Funding Breakdown Sheet, Page -4-) 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 $267,775. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. City of Fort Worth, Texas OFFICIAL RECORD 2024 Bridge Maintenance Prof Services Agreement Amendment Template CITY SECRETARY CPN 104485 Revision Date: 12/08/2023 Page 1 of 4 FT. WORTH, TX EXECUTED and EFFECTIVE as designated Assistant City Manager. APPROVED: City of Fort Worth op� Jesica McEachern Assistant City Manager DATE: Feb 2, 2024 4.Dggpppn� ATTEST: FF�Rto°a� 09-10 duo o=o° � ,,yam /1� P0�'t• °°° °° �.vd ��^^A. /V Paan nEp4 �J4,04b JU/a� nnette Goodall City Secretary APPROVAL RECOMMENDED: of the date subscribed by the City's Freese and Nichols, Inc (X Vimal Nair Vice President DATE: Jan 26, 2024 Lauren Prieu r (Jan 31, 2024 09:04 CST) Lauren Prieur Director, Transportation and Public Works 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. Tariqul Islam (Jan 18, 202413:07 CST) Tariqul Islam Project Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas 2024 Bridge Maintenance Prof Services Agreement Amendment Template CPN 104485 Revision Date: 12/08/2023 Page 2 of 4 APPROVED AS TO FORM AND LEGALITY: Rt� DBlack (Feb 1, 202417:34 CST) Douglas W. Black Sr. Assistant City Attorney M&C No.#: N/A M&C Date: N/A City of Fort Worth, Texas 2024 Bridge Maintenance Prof Services Agreement Amendment Template CPN 104485 Revision Date: 12/08/2023 Page 3 of 4 FUNDING BREAKDOWN SHEET City Secretary No. 58801 Amendment No. 1 Fund Dept ID Account project CFl- CF2 - Bond Amount ID Activity Reference 30100 0200431 5330500 104485 E02630 9999 68920.00 Total: $ 68,920.00 City of Fort Worth, Texas 2024 Bridge Maintenance Prof Services Agreement Amendment Template CPN 104485 Revision Date: 12/08/2023 Page 4 of 4 FORT WORTH. ATTACHMENT "A" Scope for Enaineerina Desian Related Services for 2024 Bridae Maintenance The scope set forth herein defines the work to be performed by the ENGINEER. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The professional services set out herein are associated with preparing the Project Manual and providing bidding services for the two (2) bridge maintenance packages provided for FY 24 in the Previous Agreement. The services are also associated with providing compensation to Freese and Nichols, Inc. (ENGINEER) for out -of -scope requests during the Previous Agreement and to set aside funds for future miscellaneous requests. The professional services set out herein are additionally associated with selection of City of Fort Worth owned bridges to be considered for rehabilitation or replacement utilizing the 2024 Capital Improvement Programs Bond funds. ENGINEER will review and prioritize and prepare a list of bridges for rehabilitation or replacement with a conceptual estimate of probable construction cost (Refer to Task 8 below). WORK TO BE PERFORMED Task 1. Project Management Task 2. Conceptual Design (30%) — Not Used (Included in Previous Agreement) Task 3. Preliminary Design (60%) — Not Used (Included in Previous Agreement) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services — Not Used (Included in Previous Agreement) Task 7. Miscellaneous Engineering Review Requests Task 8. Capital Improvement Program (CIP) 2024 Bond Package Bridge Shortlist Selection and OPCC TASK 1. PROJECT MANAGEMENT. 1.1. Managing the Team: A. Lead, manage and direct design team activities. B. Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. C. Communicate internally among team members. D. Task and allocate team resources. 1.2. Communications and Reporting: A. Attend a CIP Bridge Selection kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and provide selections that meet CITY requirements. B. Conduct and document monthly project updates with CITY Project Manager. City of Fort Worth, Texas 2024 Bridge Maintenance Attachment A CPN 104485 Release Date: 07.22.2021 Page 1 of 6 FORT WORTH:, C. Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. D. Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works Department. E. Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. ASSUMPTIONS A. One (1) pre -selection project kickoff meeting B. All submittals to the CITY will be Quality checked prior to submission. C. Four (4) additional monthly updates of Project Status Reports, MWBE forms, and project Schedule beyond original Contract Schedule. DELIVERABLES A. Meeting summaries with action items B. Monthly Project Status Reports Monthly invoices C. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (30 PERCENT). Not Used (Included in Previous Agreement) TASK 3. PRELIMINARY DESIGN (60 PERCENT). Not Used (Included in Previous Agreement) TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). 4.3. Design Project Manual (Contract and Specifications) A. CITY will prepare Project Manuals (Contract and Specifications) for both design plan packages already submitted by ENGINEER to CITY for FY24 Bridge Maintenance. B. ENGINEER will review the Project Manuals (Contract and Specifications) prepared by CITY. The ENGINEER will provide comments to be addressed if necessary and seal finalized Project Manuals. ASSUMPTIONS A. All deliverables will be electronic PDF format. B. The CITY's front end specifications will be used and TxDOT 2014 Standard Specifications will be referenced, but not provided. The ENGINEER shall supplement the technical specifications, if needed. City of Fort Worth, Texas Page 2 of 6 Attachment A 2024 Bridge Maintenance Release Date: 07.22.2021 CPN 104485 Page 2 of 6 FORT WORTH. C. Final Drawings have already been submitted and will not be updated as part of this amendment. DELIVERABLES A. Electronic copy (PDF) of the preliminary project manual B. Electronic copy (PDF) of the final project manual TASK 5. BID PHASE SERVICES. The CITY reserves the right to bid the project either via traditional project bid to via unit price alternative delivery. ENGINEER will support the bid phase of the project for both FY24 Bridge Maintenance design packages as follows. 5.1. Bid Support A. The CITY shall upload all plans and contract documents onto the City's document management system (BIM 360) for access to potential bidders. B. Contract documents shall be provided by ENGINEER in a single PDF file. C. The CITY PM to obtain received "Expressions of Interest" from prospective bidders. CITY will maintain a plan holders list. D. The CITY 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 folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's questions and requests, in the form of addenda. The CITY shall upload all approved addenda onto the City's document management system (BIM 360) and mail addenda to all plan holders. E. Attend the pre -bid conference in support of the CITY. F. Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. G. 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. H. Attend the bid opening in support of the CITY. I. The CITY will evaluate bids and recommend award of the contract. J. Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS A. All Deliverables will be electronic (PDF) format. City of Fort Worth, Texas Page 3 of 6 Attachment A 2024 Bridge Maintenance Release Date: 07.22.2021 CPN 104485 Page 3 of 6 FORT WORTH. B. Each individual design package for FY24 will be bid only once and awarded to one contractor. C. No bid alternates will be included in bidding process. DELIVERABLES A. Addenda (up to one (1) per design package) B. Conformed Plans and Project Manual for both design packages TASK 6. CONSTRUCTION PHASE SERVICES. Not Used (Included in Previous Agreement) TASK 7. MISCELLANEOUS ITEM REVIEWS AND REQUESTS. This task is intended to provide review and limited production for miscellaneous requests from CITY to assist CITY in responding to citizen requests or assisting with planning decisions. 7.1 Future Miscellaneous Engineering Reviews and Requests: A. At approval and request of CITY, ENGINEER to provide review and response to CITY for miscellaneous items related to CITY owned bridges not otherwise covered in the scope of the Previous Agreement or this Amendment. TASK 8. CAPITAL IMPROVEMENT PROGRAM (CIP) 2024 BOND PACKAGE BRIDGE SHORTLIST SELECTION AND OPCC. 8.1. Preliminary Bridge Selection: A. ENGINEER will conduct kickoff meeting with CITY to determine priorities of bridges to be included in Shortlist Selection for consideration and desired total OPCC of selected bridges to align with CITY overall project goals. B. ENGINEER will analyze National Bridge Inventory (NBI) data and condition ratings for CITY owned bridges provided in original contract. ENGINEER will prioritize and select bridges to be considered for rehabilitation or replacement for 2024 Bond Package. C. ENGINEER will prepare Preliminary Bridge Selection and preliminary conceptual OPCC and submit to CITY for review. D. ENGINEER will conduct meeting with CITY to discuss Preliminary Bridge Selection List. 8.2. Final Bridge Selection: A. ENGINEER to perform site visits to up to six (6) bridges if necessary. B. ENGINEER to prepare Final Bridge Selection based on comments received from CITY. City of Fort Worth, Texas Page 4 of 6 Attachment A 2024 Bridge Maintenance Release Date: 07.22.2021 CPN 104485 Page 4 of 6 FORT WORTH. C. ENGINEER to provide conceptual OPCC for selected bridges. ASSUMPTIONS A. All Deliverables will be electronic (PDF or Excel) format. DELIVERABLES A. Preliminary Bridge Selection List B. Final Bridge Selection List C. Conceptual OPCC for rehabilitation or replacement of selected bridges City of Fort Worth, Texas Page 5 of 6 Attachment A 2024 Bridge Maintenance Release Date: 07.22.2021 CPN 104485 Page 5 of 6 FORT WORTH. 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: A. Negotiation of easements or property acquisition. B. Services related to development of the CITY's project financing and/or budget. C. Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. D. Construction management and inspection services E. Performance of materials testing or specialty testing services. F. Services necessary due to the default of the contractor. G. Services related to damages caused by fire, flood, earthquake or other acts of God. H. 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. J. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. K. Effort exceeding those outlined in the "Assumptions" section of each task description. City of Fort Worth, Texas Page 6 of 6 Attachment A 2024 Bridge Maintenance Release Date: 07.22.2021 CPN 104485 Page 6 of 6 ATTACHMENT B COMPENSATION Engineering Services for 2024 Bridge Maintenance City Project No. 104485 Time and Materials with Rate Schedule Project 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 Cateaory Rate for the ENGINEER's team member performing the work. Labor Cateaory 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. Labor Category Rate ($/Hour)** Professional 1 146 Professional 2 174 Professional 3 197 Professional 4 228 Professional 5 264 Professional 6 303 Construction Manager 1 125 Construction Manager 2 156 Construction Manager 3 167 Construction Manager 4 210 Construction Manager 5 252 Construction Manager 6 288 Construction Representative 1 113 Construction Representative 2 125 Construction Representative 3 156 Construction Representative 4 167 CAD Technician/Designer 1 124 CAD Technician/Designer 2 160 CAD Technician/Designer 3 196 Corporate Project Support 1 118 Corporate Project Support 2 141 Corporate Project Support 3 188 Intern / Coop 73 Senior Advisor 175 ** Provided rates are 2023 rates, which will be adjusted annually in February. City of Fort Worth, Texas Attachment B 2024 Bridge Maintenance Revised Date: 12/9/2022 CPN 104485 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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 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. 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 City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 2024 Bridge Maintenance CPN 104485 AM ATTACHMENT B COMPENSATION 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. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. Project Management and $53,020.00 76.9% Design Services Prime Consultant Total: $53,020.00 76.9% Proposed MWBE Sub -Consultants MV Engineering, Inc. Bond Program Bridge $15,900.00 23.1% Selection MWBE Sub -Consultants Total: $15,900.00 23.1% Non-MWBE Consultants Non-MWBE Consultants Total: $0.00 0.0% TOTAL $68,920.00 100.0% Project Number & Name (CPN 104485 — 2024 Bridge Maintenance) Original Agreement Addendum No. 1 Total (Original Agreement + Addendum No. 1) City MWBE Goal = 13.0% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 Total Fee MWBE Fee MWBE % $198,855.00 $25,990.00 13.1% $68,920.00 $15,900.00 23.1% $267,775.00 $41,890.00 15.6% Consultant Commtted Goal = 13.0% 2024 Bridge Maintenance CPN 104485 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 Revised Date: 12/9/2022 Page 4 of 4 2024 Bridge Maintenance CPN 104485 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for City rf Fort Worth - 2024 Bridge Maintenance (CPN 104485) - A^ endment #1 Task Task Description Baslc or No special Services I 1.0 Task 1.oBSlgn Management I External J5lckrl�flGjror�lllrallon Meebres Basic I Internal (: dd 66 iivvii Basic I Maintain and monitor scope Ischedule l budnet Basic I One Page Reports I Penotlic diem—nasucabons Basic I Senior Advisor Basic I Qualyyyy Assurance reviews Basic I Subi;onlractor Task Aut n.bon I Basic I 2.0 Task 2. Conceptual Design (31)%1 I 3.0 Task 3. Prellminary Deslgn (5)%) I 4.0 Task 4. Final Desiyyf//,90%and 100%1 Basic I Review of Prpiecl lvlanuals Basic I Basic I 5.0 Task 5. Bid Phace Services I Add.nda un to 1 pp bid backagel Basic I Aft-d a-kSid Nis, Basic I RespQntl [o Pm-Bitl (]uesbpns I Attend Bid Ocemna Meebnas Basic Basic 6.0 Task 6. Construction Phase Services 7.0 Task T. Miscellaneous Engineering Review Requests Future Miscellaneous Enp—r- Review Recuests Special Task 8. Capital Improvement Program 20M Bond Package Bridge Shortlist 8.0 rSelectlon and OPCC IntemallEA-1 Meetings for Coordination Basic np�elop rvPly" Shortlist Basic 4& UYL Basic Site . is Basic Develop CC Shortlist Basic Final Basic OC Review.— Basic Cdy of Fort WOM, Texas A—hment B - Level of Effort Supplement PMO Of —I Release Date 8 09 2012 P"T...umm��jj' Total 243 -.Jr Total Labor 130 $51.130 I R (,�yj Totth I Ex $16.2o0 $15.90$00 I Non-�li�)Ly(i� SuESE'It I 10% Sub Markv $1.590 I MBEWBE Pa tici(I b 23.1% 1 Total ProieAhost $68,920 11M 24 1 oil FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Amendment 1 - 2024 Bridge Maintenance Agreement M&C: N/A D ate: CPN: 104485 CSO: DOC#: To: Name Department Initials Date Out 1. Alexandra Ripley TPW - initial Jan 23, 2024 2. Consultant — Vimal Nair FNI - Signature VN VN Jan 26, 2024 3. Tariqul Islam - PM TPW - Signature �a Jan 18, 2024 4. Mary Hanna — Sc CPO/PgM TPW - initial 79/' Jan 29, 2024 5. Patricia Wadsack —TPW AD TPW - initial Jan 30, 2024 6. Lauren Prieur TPW - Signatures Jan 31, 2024 7 Doug Black Legal - Signature Ob Feb 1, 2024 d.b 8 Jesica McEachern CMO - Signature a` Feb 2, 2024 9 Jannette Goodall CSO - Signature ,GTG Feb 2, 2024 10. TPW Contracts TPW DOCUMENTS FOR CITYMANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: DYES NNo RUSH: ❑YES NNo SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: NYES ❑No Action Reauired: ❑ As Requested ❑ For Your Information N Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(&,fortworthtexas.2ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!