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HomeMy WebLinkAbout059119-A1 - Construction-Related - Contract - Freese and Nichols, Inc.CSC No. 59119-A1 AMENDMENT No . 1 TO CITY SECRETARY CONTRACT No. 59119 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc. (ENGINEER) made and entered into City Secretary Contract No. 59119, (the CONTRACT) which was authorized by M&C 23-0197 on the 21st day of March, 2023 in the amount of $ 821,636.00; and WHEREAS, the CONTRACT involves engineering services for the following project: Village Creek Water Reclamation Facility Digester Improvements, CPN 102652; 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 $503,696.00. 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 $1,325,332.00. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 Village Creek WRF Digester Improvements Prof Services Agreement Amendment Template 102652 Revision Date: June 13, 2025 Page 1 of 2 EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. APPROVED: City of Fort Worth Jesica McEachern Assistant City Manager DATE: 04/17/2026 uq d;o� pORT �l dd dd ATTEST: 55 9.+°0 �(�r�e�a, ddIly nEX psad Jannette Goodall City Secretary APPROVAL RECOMMENDED: Christopher RL-qrdor Christopher Harder (A')r 8, 2026 17:38:04 CDT) Chris Harder, P.E. Director, Water Department Contract Compliance Manager: ENGINEER Freese and Nichols, Inc. Nicholas i,esier, P.E. Vice President DATE: 04/02/2026 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. Suzanne Abbe, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY: M&C No.#: 26-0218 M&C Date: March 31st, 2026 Douglas Black (Apr 13, 2026 14:59:04 CDT) Douglas W. Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY City of Fort Worth, Texas Prof Services Agreement Amendment Template FT. WORTH, TX Revision Date: June 13, 2025 Page 2 of 2 Village Creek WRF Digester Improvements 102652 801 Cherry Street, Suite 2800 ❑ Fort Worth, Texas 76102 ❑ 917-735-7300 ❑ fax 817-735-7491 January 14, 2026 Fort Worth Water Department 200 Texas Street Fort Worth, Texas 76102 www.freese.com Re: Amendment No. 1— Village Creek WRF Digester Improvement — City Project No. 102652 Dear Suzanne Abbe, Freese and Nichols, Inc. (FNI) is providing this contract amendment for additional professional services to City of Fort Worth (CLIENT) for the Construction Management and Inspector services required on the Village Creek WRF Digester Improvements project. These changes reflect the additional level of effort required to continue our services through the current CPM scheduled completion date of June 30, 2027. • Digester Improvements (No. 102652): 0 68 weeks remaining in construction. 0 40 hrs/wk for 68 weeks— Construction Management / Inspection Services 0 3 hrs/month for 16 months- PM / Sr Advisor The following is a summary of the amendment costs proposed: City Project No. 102652 ITEM Fee Additional RPR Services 12/1/2025 to Completion (2,960 hours) $503,696 Amendment No. 1 Total $503,696 Freese and Nichols appreciates this opportunity to submit this proposal. If additional information or clarification is desired, please do not hesitate to contact us. If you agree with the services described above and wish for us to proceed with this assignment, please initiate contract proceedings. Original Contract Amount Amendment 1 Contract Amount to Date Sincerely, FREESE AND NICHOLS, INC. Digitally signed by Adam Payne DN: C=US, E=ap@freese.com, 0="Freese and Nichols, Inc.", CN=Adam Payne Date 2026.04.01 16:50:38-05'00' Adam Payne, PE, CCM Principal/Vice President $821,636 $503,696 $1,325,332 ATTACHMENT A CONSTRUCTION PHASE SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 ATTACHMENT A Scope for Construction Phase Services Related Services for the Village Creek WRF Improvements CONSTRUCTION PHASE SERVICES FOR THE VILLAGE CREEK WRF DIGESTER IMPROVEMENTS CITY PROJECT NO.: 102652 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. WORK TO BE PERFORMED Task 6. Construction Phase Services Construction Work Milestones Milestone 1 — New Flares and Condensate Vault Milestone 2 — New Digester Gas Dryer and 1­12S Scrubber Milestone 3 - Digester Mixing Improvements and existing Digester Rehabilitations Milestone 4 - Switchgear Control Building Rehabilitations Freese and Nichols, Inc. (FNI) will staff the project in the field as follows: • Full-time CMI defined as follows for Milestone 3 & 4, extension of services due to project delays: o Average 40 hours per week (160 hours per month) for 16 months (2,960 hours). TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the projects as follows. 6.3 Construction Support Construction Manager/Inspector In performing these services, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI's standard General Conditions for construction projects. Modifications to these services required by use of other general City of Fort Worth, Texas Attachment A PMO Release Date: XX.XX.XXXX Page 1 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 conditions or contract administration procedures are an additional service. If General Conditions other than FNI's standard are used, the Client agrees to include provisions in the General Conditions that require Contractor to include FNI: (1) as an additional insured and in any waiver of subrogation rights with respect to such liability insurance purchased and maintained by Contractor for the Project (except workers' compensation and professional liability policies); and (2) as an indemnified party in the Contractor's indemnification provisions where the Client is named as an indemnified party. 1. Pre -construction phase: Review for understanding the project contract documents (plans and specifications). 2. Participate in the pre -construction conference with the Contractor and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 3. Establish communication procedures with the Client and contractor and Engineer of Record (EOR). Submit daily reports of construction progress. Reports will describe construction progress in general terms. 4. Assist the FOR in the submittal process by verifying that the Contractor is aware of final status of the submittals. 5. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FOR should recommend Contractor be paid on monthly and final estimates. 6. Notify the Client and FOR of non -conforming work observed. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid by Client and is not included in the services to be performed by FNI. 8. Notify the FOR of the need of interpretation of the drawings and specifications for Client and Contractor. Notify the Contractor of the EOR's interpretation in writing. 9. Assist the FOR in change modifications to the Contract Documents including written notification of Change Orders, Field Order or Work Change Directives. 10. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Client on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate, in assistance to the EOR, a settlement value with the Contractor on behalf of the Client if appropriate. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 11. Conduct, in company with Client's representative and EOR, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor. 12. Provide the FOR with a set of red -line drawings to assist with the FOR producing the Record Drawings. 13. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedules of values prepared by Contractor and consult with FOR concerning acceptability. 14. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 15. Schedules: Review the baseline schedule and revised/updated schedules, schedule of shop drawing submittals, and schedules of values prepare by the Contractor and consult with the FOR concerning acceptability. 16. Conference and Meetings: Attend meetings (such as monthly progress meetings or job conferences) with the Contractor, FOR and Client and prepare and circulate copies of minutes thereof. 17. Liaison: a. Serve as the EOR's liaison with the Contractor, working principally through the Contractor's superintendent and assist the in understanding the intent of the Contract Documents (per the EOR); and assist the FOR in serving as the Client's liaison with the Contractor when Contractor's operations affect Client's on -site operations. b. Assist in obtaining from Client additional details or information, when required for proper execution of the Work. 18. Shop Drawings and Samples: a. Advice FOR and Contractor of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by the EOR. 19. Review of Work, Rejection of Work, Inspections and Testing: a. Conduct on -site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. b. Report to FOR that any Work will not produce a completed Project that City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise FOR of Work the that should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems start-up and operating and maintenance training are conducted in the presence of appropriate personnel, and the Contractor maintains adequate records thereof; and observe record and report to Engineer appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. 20. Interpretation of Contract Documents: Report to FOR when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer 21. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Client, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 22. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Client prior to final payment for the Work. 23. Completion: a. Before FOR issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Conduct a final inspection in the company of EOR, Client and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance. 24. Limitations of Authority of Resident Project Representative: a. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 b. Shall not exceed limitations of EOR's authority as set forth in Agreement or the Contract Documents. c. Shall not undertake any of the responsibilities of Contractor, Subcontractor, Suppliers, or Contractor's superintendent. d. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. e. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Client or Contractor. f. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by Engineer. 25. Electrical Inspection and Start-up Services a. Conduct inspections during all phases (milestones) of the project as request by the CMI b. Assist City and FOR during the start-up of equipment during all phases of the project. ASSUMPTIONS • Construction to reach completion on June 30, 2027 per the current contractor schedule • Contractor will not work weekends or conduct nighttime work • City has a construction trailer on -site for the FNI construction staff • Construction Materials Testing is contracted directly with the City OR under the contracts of the EOR. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Scope of Services — CITY and FNI agree that the following services are beyond the Scope of Services described in the tasks above. However, FNI can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the FNI because 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: • Services beyond the duration of the assumed construction durations noted within. • 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 5 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 • Services related to warranty claims, enforcement and inspection after final completion. • Services related to Survey Construction Staking • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 6 of 6 fD O6 V O i O O O O d W m m ' Z O -pcnA n� m c n O � O O udi cn (a N ON <. 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C. *k 111 Yt 1111 �t D D D 0 0 0 c c c 7 7 3 rt rt rt v o v o v o m 0 rt rt D m D D rn+ � en? eni '0 iii m < Z 03-1 m<w <ao obi c maq of c of c 0. rn x m m rt m rt rt z v �m Ty T N Z 111 N n 1111 N V O -o = d X m d I� 111 c 1111 c rt Iz ■■■ e2? I ■■■■ rot c C C O O O LA LA LA fD III fD 1111 fD III " mill FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Freese and Nichols, Inc. Subject of the Agreement: Village Creek Water Reclamation Facility Digester Improvements M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 0 No ❑ 59119-Al If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 3/31 /26 If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 0 *If so, please ensure it is attached to the approving AM or attached to the contract. Project Number: If applicable. 102652 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ✓❑ No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.