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HomeMy WebLinkAboutContract 30303 AMENDMENT NO. 1 STATE OF TEXAS § CITY UCRETAR CONTRACT NO. COUNTY OF TARRANT § Water Department Project No. P163-060163051005 WHEREAS, the City of Fort Worth (City) and Freese and Nichols, Inc., (Engineer) made and entered into City Secretary Contract No. 26974 (the Contract) which was authorized by the City Council by M&C C-18624 on the 12th day of June, 2000; and WHEREAS, the Contract involves engineering services for the following project: Rolling Hills Water Treatment Plant Facilities Upgrade and 40 MGD Expansion WHEREAS, it has become necessary to execute Amendment No. 1 to said Contract to include an increased scope of work and revised maximum 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 the attached Attachments Al-A6, BI-B2, and C1, which are incorporated herein. The cost to City for the additional services to be performed by Engineer total $1,264,800.00. 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 the sum of $2,822,710.00. 3. All other provisions of the contract,which are not expressly amended herein, shall remain in full force and effect. OR GdINAL",-�,." \\Cluali\contract\2004\FortWorth\FTW01275 Contract 2 Rolling Hills WTPWMEND IB 26974-MC18624.doc EXECUTED on this the day of , 2004, in Fort Worth, Tarrant County, Texas. APPROVAL RECOMMENDED: PROV � � t S. Frank Crumb, P.E. Marc Ott Acting Director, Water Department Assistant ity Manager ENGINEER ATTEST: Name: Robert F. Pence, P.E. Syl a Glover, Acting City Secretary President and CEO Freese and Nichols, Inc. 6 Contract Authorizatioa Date APPROVED AS TO FORM AND LEGALITY: Gary Steinberger Assistant City Attorney 2 \\Cluali\contract\2004\Fort Worlh\FTW01275 Contract 2 Rolling Hills WTP\AMEND IB 26974-Tv1C18624.doc A C E N T U R Y O F S E R V I C E June 11, 2004 rA- IM City of Fort Worth Water Engineering Department FREESE-NICHOLS 1000 Throckmorton Street Fort Worth, Texas 76101 ATTN: Mr. Peter Fu, P.E. RE: Rolling Hills Water Treatment Plant Facilities Upgrade and 40 MGD Expansion Phase 3 Plant Process Improvements and Phase 4 New High Service Pump Station Proposed Construction Management Services Contract Amendment Project No. P161-060161510010 Contract No. 26974, M&C C-18624 Dear Mr. Fu: The Fort Worth Water Department and Freese & Nichols have reached agreement on Amendment No. 1 for the balance of services to be performed on the referenced projects. The original agreement for engineering services, City Secretary Contract No. 26974, had a fee limit of$1,557,910.00. The work to be covered by Amendment No. 1 is for Construction Management services for the last 75% of the Phase 3 construction project and the Phase 4 construction project. Attached is a copy of the engineering cost development table for the amendment. The period of the services will be from March 1, 2004 through July 31, 2005. Our services will include administration of the construction contracts, field clerical services, construction phase materials testing services, and construction phase field surveying. The design of the 40 MGD expansion is complete and no design phase services are required. The total amount of the amendment will be $1,264,800. The new Contract cost plus fee limit will be $2,822,710. The following M[WBE participation will be provided under the proposed amendment. McDonald and Associates, Inc. for providing field clerical services. This is a continuation of the previous construction management field clerical services provided. The proposed subcontract amount is $166,588. Gorrondona & Associates, Inc. for providing construction phase field surveying. The level of effort required for field surveys during construction is difficult to estimate. It is best if no field surveys are required as this indicates no problems have been found and no change orders will be needed. We propose a subcontract amount of$5,217 knowing that this effort may not be required. The proposed M/WBE participation totals $171,805, or 13.58%. Due to the indefinite nature of field surveying needs, it was agreed during our June 10`h meeting with the M/WBE office that the M/WBE goal be $164,424, or 13% of the amendment. Copies of our letters of intent to McDonald and Associates, Inc. and Gorrondona& Associates, Inc. are attached. Freese and Nichols, Inc. .2 Engineers A Environmental Scientists 1. Architects 4055 International Plaza 11 Suite 200 3 Fort Worth, Texas a 76109-4895 817-735-7300 :9 Fax 817-735-7491 41 www.freese.com Mr.Peter Fu, P.E. June 118, 2004 Page 2 Other subcontracting participation proposed for the amendment includes: TerraNlar-U S Labs for providing materials testing services. This firm provided materials testing services during the initial construction phases. At the time the original construction management contract was negotiated, Terra-Mar, Inc. was a M/WBE certified firm. Terra-Mar, Inc. was purchased about two years ago and became Terra-Mar-U S Labs. Due to this transaction, the firm is no longer a certified M/WBE firm. We believe the staff of Terra-Mar-U S Lab have the experience and familiarity with the Rolling Hills 40 MGD Expansion projects that justify retaining them in their role for providing the balance of materials testing services for the remaining construction projects. Terra-Mar-U S Labs continues to honor the preferred customer billing rates for their services and provide cost effective quality materials testing services. The proposed subcontract amount is $88,500. North Texas Copier provided the copier equipment for the original construction management contract. We propose to maintain their service contracts for the copier equipment, which has been paid for and is in good working order. The proposed subcontract amount is $2,700. We look forward to successful completion of the ongoing construction projects and to working with the FWWD staff. We are preparing our amendment for submission to you for processing. Please feel free to contact us if you require additional information. Sincerely, FREESE AND NICHOLS, INC. G. E. Gay, P.E. Xc: Bob Pence Larry Eckersley Jana Collier File FTW01275.4.21.F&N Contract2 LARHYACIMMM CONTRACT2 R.EV6 MIWBE PARTICIPATIONFU - - ATTACHMENT B COMPENSATION AND PAYMENT SCHEDULE ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR DESIGN AND CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT SERVICES FOR ROLLING HILLS WATER TREATMENT FACILITIES UPGRADE AND 40 MGD EXPANSION PHASE 3-PLANT PROCESS IMPROVEMENTS PROJECT AND PHASE 4-HIGH SERVICE PUMP STATION PROJECT COMPENSATION I. BASIC ENGINEERING SERVICES For engineering services provided under Attachment A, the City shall pay the Engineer on a Salary Cost Method, an amount not to exceed$1,264,800,according to paragraphs A,B and C below. The basis for this payment is shown in Table 3B-2. A. Labor: The engineer shall be compensated for the services of his personnel on the basis of Salary Cost times 2.30 for the time such personnel are directly utilized on the work. Principal shall be compensated on the basis of flat rate of $270 per hour. Resident Engineer shall be compensated on the basis of Salary Cost times 2.20. Salary cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) plus unemployment, excise, and payroll taxes, and contributions for social security, employment compensation insurance, retirement benefits, and medical and other insurance benefits. The salaries of any personnel assigned are subject to reasonable modification by the Engineer throughout the terms of this Agreement;however, such modifications will not affect the upper limit of this Agreement. B. Resident Project Representative:The Engineer shall be compensated for the services of the resident project representation at a billing rate of$105.00 per hour. Attachment B-1 L\RHFACfMP\CONTRACT AMEND I ATTACH B I �n ATTACHMENT B COMPENSATION AND PAYMENT SCHEDULE C. Other Incidental Direct Costs: The Engineer shall be compensated at his cost plus 15%for all costs other than salary costs that are incurred pursuant to this Agreement, but which are not normally included as part of the Engineer's overhead. These costs include,but are not limited to: air fare,automobile rental,mileage charges, parking, tolls,taxi,meals,lodging,telephone,printing and reproduction costs,computers and word processors, postage and mailing costs, and other miscellaneous costs incurred specifically for this Project. D. Subconsultant Services: For all subconsultant services, the Engineer shall be compensated at his actual subconsultant cost plus 15%. II ADDITIONAL SERVICES For Additional Services provided outside the scope defined in Attachment A1, as approved by an amendment to this Agreement,the City will pay the Engineer for labor,other incidental direct costs, and subconsultants on the same basis as described in Paragraph I of this Attachment. .� Attachment B-2 _ f�J l:=_ 1`24U0 L\RHFACIMRCONTRACT AMEND I ATTACH F3 p1 fit' 1 �t1� U� . o o N O� p�O n r IL OSSOO S 00 0OSS 0000 00 O�N011� Q ON10Ni 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 pp O l0 m 0) m000 e`�t L 1 Y !A a X f9 a Y t9�n OS In 0 O N N N O Cd O m F p F G a O1 O N m U U o U O O o 0 0 o m o o c OcD 1 N 0 0 0 0 0 0 C:, C ff7 C � C N N tl Y Y W W W N 0 b S QO y t N S 0p 0 o U) CL tl N CL Y N CL O x x x of 0 Li m W W W N� m' N 0 0 0 0 0 0 0 N 0 0 0101010 O O O tl1 0 0 0 0 Q S 4 n N 0 O p O O O O m ID F S f 0 H S O�S O S p o O m m S S e C. 3 Hi °' v�fA D_ O U ° �S a r co u olo NO to O W C4 Vmir ° U N u C OC ° M O O U O O S S O M$ O 1 A a)MSO r0 m of� � 0O a m m q w� c wm o E C Q' O O:' Q: v a E U n C u d O c o .2 rnU yd o S C O o L ° c`6ods E �� " "''S'� N W W Q N y O cn ° K in o = m y C4 v x oco tl a co e E ° a Oroo ° o o u. aecoo cam ° O O N pco 6 0 69L d ai CN C h O ° CDL m Sm co S S O m pp O LL N e NO Q COO 6o m O ° d G d n N E u m s N N N E O o O O CL mt E u v tla A Z con o ° m N C) U LL N 'V Np Y Y !u.o L m m co LL Y 0 C O O W C E G Y C L O C '�v m o+ _� .- a o E 2 + o aa c a a Y O i q p Y Y m Ya in C) O- E O C C O :m.m'���ia ym O CL m Oj h-Uc L 2 w .m. ,m ro tl am '-C � Tnm >m > mw.Cm� of v vvv o ° v vv vvv o L �— Yy �" E `o Za m�i� mmm = U m� mm� tl mm = o. `—°1m3' v�� �° v. mm� ¢ N ° y0 VI N N tl N N N N N N N N t0 V N O` '/� m q 0 Z C c o 3 tl rn F- p »��7� � tl ��7»> 7 7 � C w.v�v.v E i' O O v U `'- Y-o3 f Q O O O O O m 0 L 0 0 0 0 0 0 0 0 `O N O m m N N�0 1° L° O °F m t1 a LE m ZZZZZZ m n a. ZZZZZZ ZZ tun o Q0LLLLu.c�a(i m.g' Ra C.S'� 00 n d C4Mq o S�J C NfhO�rp fpm_ J Z Nl'7 et NtO I�oopp OY=�J J W�L C Y1 U Z O C O° �. Y p 0 0 0 0 0- m X 0 0 0 0 0 0 0 0- Y 0 0 00000 0 0- m O Q •� O tl G? .0 A 'N t�0 lV N CV l'V[`/N (V f`1 f0.0 c to M M M(•1(h N lO r�?N o W U to cio mr w ~ �mr� o ~ �m� c�i ~ �m� t°f¢�0 �x v� ATTACHMENT C CHANGES AND AMENDMENTS TO STANDARD AGREEMENT ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR CONSTRUCTION MANAGEMENT ROLLING HILLS WATER TREATMENT FACILITIES UPGRADE AND 40 MGD EXPANSION PHASE 3-PLANT PROCESS IMPROVEMENTS PROJECT AND PHASE 4-HIGH SERVICE PUMP STATION PROJECT SUPPLEMENTAL OBLIGATIONS OF ENGINEER Amend the following sections of the City of Fort Worth, Texas Standard Agreement for Engineering Services: Article N - Obligations of the En ig neer Delete Paragraph C Subsurface Investigations. Subsurface investigations for design are not included in this Scope of Services. Delete Paragraph D Engineering Drawings. Preparation of drawings for construction is not included in this Scope of Services. Delete Paragraph E- ENGINEER's Personnel at Construction Site. (2) and (3) Delete Paragraph F Opinions of Probable Construction Cost. Financial considerations and schedules. Delete Paragraph G Construction Progress Payments. Delete Paragraph H Record Drawings. Preparation of record drawings will be done by others. Delete Paragraph N Asbestos or Hazardous Substances. Delete Paragraph O Permitting Authorities - Design Changes. Preparation of drawings for construction is not included in this Scope of Services. Attachment C-1 \\C1ua1i\contract\2004\Fort Worth\FTW01275 Contract 2 Rolling Hills WTPWMEND 126974-MC18624 ATTACH C.doc Mr.Peter Fu, P.E. June 118, 2004 Page 2 Other subcontracting participation proposed for the amendment includes: TerraMar-U S Labs for providing materials testing services. This firm provided materials testing services during the initial construction phases. At the time the original construction management contract was negotiated, Terra-Mar, Inc. was a M/WBE certified firm. Terra-ivfar, Inc. was purchased about two years ago and became Terra-Mar-U S Labs. Due to this transaction, the firm is no longer a certified M/WBE firm. We believe the staff of Terra-Mar-U S Lab have the experience and familiarity with the Rolling Hills 40 MGD Expansion projects that justify retaining them in their role for providing the balance of materials testing services for the remaining construction projects. Terra-Mar-U S Labs continues to honor the preferred customer billing rates for their services and provide cost effective quality materials testing services. The proposed subcontract amount is $88,500. North Texas Copier provided the copier equipment for the original construction management contract. We propose to maintain their service contracts for the copier equipment, which has been paid for and is in good working order. The proposed subcontract amount is $2,700. We look forward to successful completion of the ongoing construction projects and to working with the FWWD staff. We are preparing our amendment for submission to you for processing. Please feel free to contact us if you require additional information. Sincerely, FREESE AND NICHOLS, INC. G. E. Gay, P.E. Xc: Bob Pence Larry Eckersley Jana Collier File FTW01275.4.21.F&N Contract2 L:\RHFACIMP\CM CONTRACT2 REV6 M/WBE PARTICIPATIONFU — - ATTACHMENT A GENERAL SCOPE OF SERVICES ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR DESIGN AND CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT SERVICES FOR ROLLING HILLS WATER TREATMENT FACILITIES UPGRADE AND 40 MGD EXPANSION PHASE 3-PLANT PROCESS IMPROVEMENTS PROJECT AND PHASE 4-HIGH SERVICE PUMP STATION PROJECT GENERAL SCOPE OF SERVICES SECTION 1 - DESCRIPTION OF PROJECT,AGREEMENT AND SCHEDULE This Project consists of Construction Phase Construction Management services for construction of the Phase 3-Plant Process Improvements Project (sludge collection, filters, waste washwater treatment) and the Phase 4-High Service Pump Station Project for Rolling Hills Water Treatment Plant for the City of Fort Worth. The design of improvements was performed by Camp Dresser &McKee(Design Consultant) and other consultants under a Project administered by the City of Fort Worth. Freese and Nichols, Inc. (FNI) will provide design review, constructability review, and construction phase engineering services for these Projects. This agreement describes the services to be provided by FNI. The scope of services required is presented as basic services and additional services. The basic services cover the elements required for the Project and are authorized by the execution of the contract. The additional services are the work elements that could be required and are identified in the contract but are not authorized until FNI is given additional written approval by the City. The Phase 3 project construction phase began in August 2003 and final completion is expected by June 2005. The bid construction cost is$15,183,000.The Phase 4 project construction phase began in April 2004 and final completion is expected by June 2005. The bid construction cost is $5,391,000. Attachment A-1 \Uua1ftontract\2004\Fort WortlAFTW01275 Contract 2 Rolling Hills WMAMEND 126974-MC18624 ATTACH A.doc SECTION 2 - BASIC SERVICES This section describes the services FNI will provide as basic services. 1.00 STUDY/PRE-DESIGN PHASE CONSTRUCTION MANAGEMENT SERVICES Not Used 2.00 DESIGN PHASE CONSTRUCTION MANAGEMENT SERVICES Not Used 3.00 CONSTRUCTION PHASE SERVICES The construction phase services focus on assistance in bidding and construction management services for the Water Treatment Plant Project. 3.01 Assistance with Contractor Selection A. Not Used 3.02 - Construction Contract Administration and Reinforcing Steel Shop Drawings 3.07 Provide full time, on-site resident representation and full time on-site resident engineering services for the construction project to observe the work in progress to determine if the completed work will comply with the contract documents,provide field administration of the construction contracts and determine that the quality control programs of the contractors are producing acceptable results. The on-site Resident Engineer will serve as project facilitator, coordinating the flow of information between the City and the Contractors. On-site clerical/technical support will be provided. On-site field surveying services will be provided as required. The FWWD will provide a full time assistant resident representative.Duration of services shall be March 1, 2004—July 31, 2005. Part time specialty electrical/SCADA resident representation services for observations of mechanical and electrical system installations and for observations of the computer system modifications will be provided by the FWWD under a separate contract. Engineer will report any observed deficiencies to the Owner; however, it is understood that Engineer does not guarantee the Contractor's performance, nor is the Engineer responsible for supervision of the Contractor's operation and employees. Engineer will not be responsible for the means,methods,sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. Engineers shall not be responsible for the acts or omissions of any person (except his own employees or agents) at the Project site or otherwise performing any of the work of the Project. It is agreed that the Engineer will be named as an additional insured entity for insurance policies provided by the Contractor which name the City of Fort Worth. Attachment A-2 \\Cluali\contract\2004\Fort Worth\FrW01275 Contract 2 Rolling Hills WTP\AN4END 1 26974-MC18624 ATTACH A.doc Typical services will include: A. Attend pre-construction conferences with the City and construction contractor's key personnel. Establish communication procedures with the City and the Contractor. B. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule, and pending and approved contract modifications. C. Maintain a document control system designed to track the processing of Contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Process Contractor's submittals,including requests for information, modification requests, shop drawings, schedules, and other submittals for review in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the Contractor's submittals to see that documentation is being processed in accordance with schedules. D. Review Contractor's application for payment and recommend payment in accordance with the procedures in the construction contract documents. E. Monitor Contractor's compliance with minimum wage rate requirements as required by the construction contract documents. F. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents, including daily construction reports and tracking corrections of defective work. G. Provide a full time on-site resident representative. Provide full time on-site resident engineer. Provide documentation of observations made while at the site. Other additional full or part time on-site observers are available on an as needed basis as an additional service. H. Meet monthly with the Contractor to observe the progress of the work, monitor compliance with the schedules and requirements of the contract documents and help resolve any conflicts that may need attention. I. Assist in the transfer of and acceptance by the construction contractor of any City-furnished equipment or materials. J. Establish and administer quality assurance procedures in accordance with the construction contract documents. Notify contractors of non-conforming work Attachment A-3i J- \\Cluali\contract\2004\Fort WOrth\FfW01275 Contract 2 Rolling Hills WTP\AMEND 126974-MC 18624 ATTACH A.doc observed. Coordinate special material tests and performance tests needed to determine conformance of the work with the contract documents. K. Review quality related documents provided by the Contractor such as test reports,equipment installation reports or other documentation as required by the construction contract documents. Provide material testing services as required by the contract documents. L. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the Contractor on behalf of the City to determine the cost and time impacts of these changes. Prepare change/field order documentation for approved changes for execution by the City. M. Routinely examine the Contractor's As-built drawings to determine that information appears to be recorded in an accurate and timely manner by the Contractor as required in the construction contract documents. The design engineer will revise the original construction drawings in accordance with the information furnished by the construction contractor to reflect changes made in the Project during construction. N. Assist in Project completion activities at the conclusion of construction. Observe completed construction for general conformance with the design concept and 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. At completion of the Project and completion of the lists of deficiencies,the on- site Resident Engineer and Resident Representative will leave the Project site. O. Review structural reinforcing steel shop drawings. 3.08 Claims Management A. Assist the City with claims by the construction contractor and subcontractors by endeavoring to identify areas of potential risk during design reviews,preparation of bid packages and as construction progresses. B. Attempt to resolve claims in accordance with the dispute resolution provisions of the contract documents. The analysis, negotiation and resolution of claims beyond the procedures in the contract documents, including any services related to mediation, arbitration, litigation or other forms of dispute resolution are an additional service. Attachment A-4 \\Cluali\contract\2004\Fort Worth\FIWOl275 Contract 2 Rolling Hills WTP\AMEND 1 26974-MC 18624 ATTACH A.doc 611 ��:. 3.09 Warranty Review Upon request of the City, make up to twenty-four(24) visits to the Project site to meet with the City's operations staff to review performance of the Project and review any deficiencies in the work covered by the construction contractor's warranty. Notify the construction contractor and City of required corrections and follow up with the Contractor to see that corrections are made. Equipment failures and critical items will be addressed as soon as possible upon notification by the City. Review plant operations with the City during the final month of the warranty period to address potential warranty items. SECTION 3 - ADDITIONAL SERVICES Additional services are those services not included in the basic services which may be provided by Freese and Nichols if so authorized by the City of Fort Worth. A. Field layouts or the furnishing of construction line and grade. B. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. C. Investigations involving detailed consideration of operations, maintenance and overhead expenses, and the preparation of rate schedules, earnings, and expense statements, feasibility studies, appraisals, evaluations, assessment schedules and materials audits or inventories required for certification of force account construction performed by the Owner. D. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. E. Providing shop,mill,or laboratory inspections of materials and equipment other than routine inspection of concrete and soils provided in Section 2 - Basic Services, paragraph 3.02 F. Preparing any required Operation and Maintenance Manuals or conducting operator training beyond Item 3.02 of Basic Services. G. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project,including the preparation of engineering data and reports for assistance to Owner. H. Assisting the Owner with, preparing for, or appearing at litigation, mediation, arbitration,dispute review boards,or other legal or administrative proceedings in the defense or prosecution of proceedings in connection with this project. =- Attachment A-5 \\Cluallcontract\2004\Fort Worth\FTW01275 Contract 2 Rolling Hills WTKAMEND 126974-MC18624 ATTACH A.doc I. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analysis, permitting assistance, and other assistance required to address environmental issues. J. Additional services that are required to comply with local, State or Federal regulations that become effective after the date of this agreement. K. Conducting pilot plant studies or tests. L. GIS mapping services or assistance with these services. M. Geotechnical investigations, studies, and reports. �6t Attachment A-6 .rt UCluali�contract\2004\Fort Wortli\FTW01275 Contract 2 Rolling Hills WTP\AMEA'D 126974-MC18624 ATTACH A.doc , J' li Pagel of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/20/2004 DATE: Tuesday, July 20, 2004 LOG NAME: 60ROLLING REFERENCE NO.: **C-20160 SUBJECT: Amendment No. 1 to the Engineering Agreement with Freese & Nichols, Inc. for the Rolling Hills Water Treatment Plant Facilities Upgrade, Phase 1, Construction Management and Design Support RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to the engineering agreement with Freese & Nichols, Inc. for the Rolling Hills Water Treatment Plant Facilities Upgrade, Phase 1, Construction Management and Design Support, thereby increasing the amount of the agreement by $1,264,800 to a total fee not to exceed $2,822,710. DISCUSSION: On June 12, 2001 (M&C C-18624), the City Council authorized the execution of an engineering agreement with Freese & Nichols, Inc. in the amount $1,557,910 to provide construction management, design review and value engineering during the construction of Phase 1 and 2 of the Rolling Hills Water Treatment Plant Facilities Upgrade and 40 million gallon per day (MGD) Expansion. On August 12, 2003 (M&C C-19707), and March 23, 2004 (M&C C-20011), the City Council authorized construction of Phase 3 (plant process improvements) and Phase 4 (high service pump station) construction of the Rolling Hills Water Treatment Plant Facilities Upgrade and 40 MGD Expansion. Both phases of construction are scheduled to be complete by mid-2005. Under this agreement, Freese & Nichols will provide a resident construction project manager and a representative to administer both Phase 3 and 4 construction contracts, review and resolve construction claims and address construction or equipment deficiencies during the two-year warranty period. This project is located in Council District 8. Freese & Nichols, Inc. is in compliance with the City's M/WBE Ordinance by committing to an additional 14% M/WBE participation on this Amendment No.1. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. ,ittp://www.cfwnet.org/council_packet/Reports/mc_print.asp 07/22/2004 Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P163 531200 060163051005 $1,264,800.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head:. Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 07/22/2004