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
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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
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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.