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HomeMy WebLinkAboutContract 55399-A5CSC No. 55399-AS AMENDMENT No.5 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 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.1 in the amount of $94,871.00 administratively authorized on October 8th, 2021, Amendment No.2 in the amount of $169,005.00 authorized by M&C 22-0590 on August 9th, 2022, and Amendment No.3 in the amount of $35,396.00 administratively authorized on October 6th, 2022 and Amendment No. 4 in the amount of $64,597.00 administratively authorized on August 23rd, 2023; and WHEREAS, the CONTRACT involves engineering services for the following project: 3rd Barrel Parallel Sanitary Sewer to the Village Creek Wastewater Treatment Plant Project, CPN 103128; and WHEREAS, it has become necessary to execute Amendment No. 5 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 $796,720.00. 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 $2,162,036.00. 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 Prof Services Agreement Amendment Template Revision Date: 12/08/2023 Page 1 of 2 3,d Barrel Parallel SS for VC\'/TP CPN 103128 EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. APPROVED: City of Fort Worth Wi11iam Johnson Assistant City Manager DATE: 12/31/2024 ATTEST: rk� Jannette Goodall City Secretary APPROVAL RECOMMENDED: ale (Dec 26, 202415:42 CST) Christopher Harder, P. E. Director, Water Department Contract Compliance Manager: ENGINEER Freese & Nicho1s, Inc. Nick Lester, P.E Vice President DATE : 12/19/2024 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. Jri��!:.P.E. Project Manager APPROVED AS TO FORM AND LEGALITY: Douglas Black (Dec 31, 2024 10:54 CST) Douglas W. Black Sr. Assistant City Attorney City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: 12/08/2023 Page 2 of 2 M&C No.#: 24-1126 M&C Date: December 10, 2024 Form 1295: 2024-1142966 3,d Barrel Parallel SS for VCWTP CPN 103128 L:\Client\OLCR\F\Fort Worth\FTW21267\Amd #5 801 Cherry Street, Suite 2800 + Fort Worth, Texas 76102 + 817-735-7300 + FAX 817-735-7491 May 6, 2024 Ms. Tony Sholola, P.E. Assistant Director, Capital Project Delivery City of Fort Worth Water Department 311 West 10th Street Fort Worth, TX 76102 Re: Amendment No.5 for the 3rd Barrel / Village Creek Bank Stabilization / 5 Sites Part 1 Village Creek Bank Stabilization FEMA BRIC Funding Assistance Part 2 Site No.1 (Raw Water Lines) (City Project No. 103128) Dear Mr. Sholola: Freese and Nichols, Inc. (FNI) is pleased to provide this amendment for the Engineering Design Services for the 3rd Barrel / Village Creek Bank Stabilization / 5 Sites project (City Project Number 103128). This amendment includes two parts: Part 1 Preparation and submittal of an application for the Building Resilient Infrastructure and Communities (BRIC) grant program and the FEMA Hazard Mitigation Grant Program (HMGP), for the construction of the Village Creek Bank Stabilization project (levee along VCWRF Biosolids Facility). Included in the application is the preparation of a benefit cost analysis, assisting the City with necessary pre-application activities, and responding to requests for information from TDEM. Part 2 Replacement of the existing 60- and 72-inch raw water lines which cross the West Fork Trinity River (WFTR) and includes tasks for plan preparation, floodplain permit submittal, geotechnical investigation, environmental and archaeological permitting, a preliminary geomorphic assessment, bid phase services, topographic survey and SUE, and ROW/easement services. Included in the scope is additional design, survey and archaeological monitoring for the 3rd Barrel punch list. www.freese.com CPN 103128 Amendment No.5 May 6, 2024 Page 2 of 2 L:\Client\OLCR\F\Fort Worth\FTW21267\Amd #5 FNI records show that this proposal would serve as Contract Amendment No. 5. A summary of the additional costs is shown below: Part 1 Village Creek Bank Stabilization General Rep Services and FEMA BRIC Funding: Item Fee FEMA BRIC Funding Assistance $ 49,240 Sub-Total $ 49,240 Part 2 Site No.1 (Raw Water Lines): Item Fee Project Management 30% Concept Plan 60% Construction Drawings and Specs 90% Construction Drawings and Specs 100% Construction Drawings and Specs Floodplain Permit Geotechnical Investigation Environmental / Archaeological Permitting / Support Preliminary Geomorphic Assessment Additional Bid Phase Services Topo Survey and SUE (Level A and B) ROW / Easement Services Additional Design/Survey/Arch Monitoring (3rd Barrel Punchlist) $ 30,954 $ 54,005 $ 231,930 $ 82,730 $ 42,811 $ 13,640 $ 96,018 $ 43,692 $ 31,152 $ 11,592 $ 63,854 $ 15,120 $ 29,982 Sub-Total Total (Amendment No.5) $ 747,480 $ 796,720 Original Contract Amount $ 1,001,447 Amendment No.1 Amendment No.2 Amendment No.3 Amendment No.4 Amendment No.5 $ 94,871 $ 169,005 $ 35,396 $ 64,597 $ 796,720 Contract Amount to Date $ 2,162,036 Freese and Nichols, Inc. appreciate this opportunity, and we would like to meet with you to discuss these additional services at your convenience. Sincerely, Robert Otey, P.E. Vice President / Principal Attachments Attachment A Scope Level of Effort Spreadsheet ATTACHMENT A 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 ATTACHMENT A 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 NO.5 CITY PROJECT NO.: 103128 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 TASK 17. FEMA BRIC FUNDING ASSISTANCE FOR THE VILLAGE CREEK BANK STABILIZATION. Exhibit 1 17.1. FEMA BRIC FUNDING ASSISTANCE ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION TIME OF COMPLETION: TASK 18. SITE No.1 PLAN DEVELOPMENT. Exhibit 3 Exhibit 4 ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 1 1 2 18.1. Project Management 18.2. 30% Concept Plan ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 18.3. 60% CONSTRUCTION DRAWINGS ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION o o ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 18.4. 90% CONSTRUCTION DRAWINGS AND SPECIFICATIONS 18.5. 100% CONSTRUCTION DRAWINGS ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 18.6. FLOODPLAIN PERMIT 18.7. GEOTECHNICAL INVESTIGATION ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 18.8. ENVIROMENTAL AND ARCHAEOLOGICAL PERMITTING AND SUPPORT 80 2.3 Historic Properties, ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 18.9. PRELIMINARY GEOMORPHIC ASSESSMENT ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 18.10. ADDITIONAL BID PHASE SERVICES ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 18.11. TOPOGRAPHICAL SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES (LEVEL A AND B) ALL o o o 80 2.3 ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 8.5 ASSUMPTIONS DELIVERABLES 18.12. ROW / EASEMENT SERVICES ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION 1 1 2 4 18.13. ADDITIONAL DESIGN/SURVEY/ARCHAEOLOGICAL MONITORING FOR 3rd BARREL (PUNCH LIST) ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services ATTACHMENT A DESIGN SERVICES FOR WEST FORK PARRALLEL PHASE-1 TRINITY RIVER SIPHON TO WALKER BRANCH CONNECTION Project ManagerVC Project ManagerAssistantPMStormwaterEngineerCAD Tech / AdminEnv ScientistRate$331$234$166$125$93$221MWBENon-MWBE17.1FEMA BRIC Funding Assistance3682468400$49,240$0$0$0$0$0$49,2400.00%$49,240.00$0.00$49,240.00$0.00$49,240.00Totals368246840049,240$ -$ -$ -$ -$ -$ 49,240$ -$ 49,240$ -$ 49,240$ -$ 49,240$ Total Project Cost$49,240.00Budget Remaining10% sub markupSub Total w/10% sub markupNote 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-1Project SummaryReproductionTotal Completed AmountPayment Request #:Service Date:FromService Date:ToBudget RemainingTask Sub TotalVillage Creek Bank Stabilization - FEMA BRIC Funding Assistance% CompleteSubconsultantTravelExpenseCPN 103128Task No.Task DescriptionLabor (hours)Total Labor CostEXHIBIT B-2Level of Effort SpreadsheetTASK/HOUR BREAKDOWNDesign Services forTotal Expense Cost PICProject ManagerAssistant PMUtilityEngineerUtilityCAD Tech / AdminSenior GeotechGeotechGeotechCAD Tech / GIS / AdminStructural EngineerStructural CAD TechSenior Env ScientistEnv ScientistEnv GISHyraudicsHydraulics GISSenior Stormwater EngineerStormwater EngineerGeomorphStormwater CAD Tech / GIS / AdminRate$340$331$222$169$154$271$158$112$175$114$206$126$114$207$180$232$139$137$133MWBENon-MWBE18.1Site No.1 Plan Development372685906055209012010015087943731264052397260$580,782$65,416$83,573#####$1,730$151,799$732,5810.00%$732,581372685906055209012010015087943731264052397260$580,782$65,416$83,573#####$1,730$151,799$732,581$0$732,581Total Project Cost$747,480.00% CompleteBudget RemainingCPN 103128Task No.Task DescriptionLabor (hours)Total Labor CostTotalsProject SummaryReproductionExpenseTask Sub TotalTotal Expense CostEXHIBIT B-2Level of Effort SpreadsheetTASK/HOUR BREAKDOWN3rd Barrel Interceptor - Site No.1 (Raw Water Lines)SubconsultantTravelDesign Services for 3rd Barrel / Village Creek / 5 Sites - Amendment No.5 - Site No.1City of Fort WorthFee Breakdown City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, December 10, 2024 REFERENCE NO.: **M&C 24-1126 LOG NAME: 603RDB901NTVCBPEAPA5-FNI SUBJECT: (CD 7 and River Oaks) Authorize Execution of Amendment No. 5 in the Amount of $796,720.00 to an Engineering Agreement with Freese and Nichols, Inc. for the Design of the 3rd Main to West Fork Trunk Mains Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No. 5, to City Secretary Contract No. 55399, an engineering agreement with Freese and Nichols, Inc. in the amount of $796,720.00 for the 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 for a revised contract amount of $2,162,036.00; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Revenue Bonds Series 2024 Fund by increasing estimated receipts and appropriations in the 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 (3�d Main to W Fork Trunk Mains) project (City Project No. 103128) in the amount of $961,720.00 and decreasing estimated receipts and appropriations in the Commercial Paper project (City Project No. UCMLPR) by the same amount, to effect a portion of Water's contribution to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: On February 16, 2021, Mayor and Council Communication (M&C) 21-0128 authorized an engineering agreement with Freese and Nichols, Inc., (City Secretary Contract No. 55399) in the amount of $1,001,447.00 for the preparation of plans and specifications for the design of the 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. The agreement was subsequently revised by Amendment No. 1 in the amount of $94,871.00, administratively authorized October 8, 2021, that provided for additional design efforts for the preparation of a necessary individual permit from the United States Army Corps of Engineers, additional tree and topographic survey and additional archeological survey; Amendment No. 2 in the amount of $169,005.00 authorized August 9, 2022 (M&C 22-0590) that provided for design and survey services for a soil-supporting concrete encasement for the portion of the project sewer main that is adjacent to an existing pond, additional geotechnical investigation, additional archeological survey and design for the replacement of an existing conflicting 10-inch sanitary sewer main; Amendment No. 3 in the amount of $35,396.00 administratively authorized October 6, 2022 that provided for design and environmental services for an additional 1,300 feet of sewer main in the Mary's Creek Basin and Amendment No. 4 in the amount of $64,597.00 administratively authorized August 23, 2023 that provided for additional coordination with the Texas Historical Society, additional topographical/archeological investigation and alignment modification. Amendment No. 5 will provide for the preparation of plans and specifications for the replacement of the existing deteriorated 60 and 70-inch raw water mains which cross the West Fork Trinity River at the Fort Worth/River Oaks City boundaries. The proposed scope of services includes floodplain permitting, geotechnical investigation, environmental / archaeological permitting, topographic survey and easement services. In addition to the contract amount $165,000.00 (Water: $150,000.00; Sewer: $15,000.00) is required for additional project management and real property acquisitions. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year (FY), instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2025-2029 Capital Improvement Program, as follows: 603RDB901NTVCBPEAPA5-FNI Budget Revised Capital Project FY2025 CIP Change Fund Name Name Appropriations Authority �Increase/ FY2025 Decrease) Budget 56022-W&S 10�3128 — Rev Bonds 3 Main Series tO W• $0.00 This M&C $961,720.00 $961,720.00 2024 Fund Trunk Mains Funding is budgeted in the Commercial Paper project within the W&S Rev Bonds Series 2024 Fund for the purpose of funding of the 3rd Main to W Trunk Mains project. Funding for the 3�d Main to W Fork Trunk Mains are depicted below: Fund Existing Additional project Total* Appropriations Appropriations 56019 — W&S $1,616,032.00 $0 $1,616,032.00 Rev Bonds Series 2021 56022 - W&S Rev $0 $961,720.00 $961,720.00 Bonds Series 2024 Project Total $1,616,032.00 $961,720.00 $2,577,752.00 *Numbers rounded for presentation purposes. The Business Equity Division placed a 5 percent business equity goal on this solicitation/contract. Freese and Nichols, Inc., will be exceeding the goal at 5.46 percent, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. The project is located in COUNCIL DISTRICT 7 and City of River Oaks. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the Commercial Paper project within the W&S Rev Bonds Series 2024 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Rev Bonds Series 2024 Fund for the 3rd Main to W Trunk Mains project to support the above recommendations and execution of the amendment. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs),: TO Fund Department ccount Project IProgram ctivity Budget Reference # mount ID ID Year (Chartfield 2) FROM Fund Department ccou--n -Project Progra ��---- �� �— �� �- -- Budget Year Reference # Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: William Johnson (5806) Chris Harder (5020) April Escamilla (8455) ATTACHMENTS 1. 25-103128 (3rd Main to W. Fork Trunk Mains A5) Approved Compliance Memo-NS.pdf (CFW Internal) 2.603RD901NTVCBPEAPA5-FNl.pdf (Public) 3. 603RDB901NTVCBPEAPA5-FNI FID Table (WCF 10.03.24).xlsx (CFW Internal) 4. 603RD6901NTVCBPEAPA5-FNI Form 1295.pdf (CFW Internal) 5. 603RDB901NTVCBPEAPA5-FNl.docx (CFW Internal) 6. Entitylnformation Freese and Nichols, Inc..pdf (CFW Internal) 7.ORD.APP 603RDB901NTVCBPEAPA5-FNI 56022 A025(r2)3.docx (Pub�ic) 8. PBS CPN 103128.pdf (CFW Internal) ,n F � � w Q P. Q W C�. 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