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HomeMy WebLinkAboutContract 29042 09-02-03 P12 : 32 IN AMENDMENT NO. 1 G STATE OF TEXAS § CITY SECRETARY CONTRACT NO. (No M&C needed) COUNTY OF TARRANT § WHEREAS, the City of Fort Worth (City) and Freese and Nichols, Inc., (Engineer) made and entered into City Secretary Contract No. 27835 (the Contract) which was authorized by the City Council by M&C C-19124 on the 18th day of June, 2002; and WHEREAS, the Contract involves engineering services for the following project: Engineering Contract for Holly/Northside 54-inch Water Main extension, Contract I. 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 a proposal letter dated July 3, 2003, a copy of which is attached hereto and incorporated herein. The cost to City for the additional services to be performed by Engineer total $58,500.00 2. Article II of the Contract is amended to provide for an increase in the maximum 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 not exceed the sum of$983,949.00 3. All other provisions of the contract, which are not expressly amended herein, shall remain in full force and effect. ORIGINAL 9 EXECUTED on this the day of - , 2003 ,_ in Fort Worth, Tarrant County, Texas. APPROVAL RECOMMENDED: APPROVED: A.Douglas Rademaker, P.E. Marc Ott Director, Department of Assistant C' Manager Engineering bo Freese and Nichols, Inc. ENGINEER AI—EST: loria Pe on, City Secretary By; Name: Lawrence P. Eckersley, P.E. l contract Au authh orization Principal g P-103 Date APPROVED AS TO FORM AND LEGALITY: Gary Steinberger Assistant City Attorney rM CONTRACT CHANGE AUTHORIZATION FORM FREESE•NICHOLS Client: City of Fort Worth Engineering Department F&N Project No.: FTW02336 1000 Throckmorton Fort Worth, Texas 76101 Client Contract Ref.: Contract#27835 Amendment#1 Date: August 19, 2003 Project Description: 54-Inch Pipeline From Holly WTP To Northside Pump Station: Amendment#1 Description of Services Added/Deleted: Amend the existing City of Fort Worth Contract Number 27835 dated 6/18/02 which provided for design of the 54-inch transmission line between Holly WTP and Northside Pump Station to include limited construction phase services. The additional services consist of providing pipeline inspection training services and part time specialty observation services to assist City of Fort Worth Inspectors in monitoring the installation of the new 54-inch pipeline from Holly WTP to Northside Pump Station. See attached proposal letter dated July 3, 2003 and Attachment A for a more detailed scope of services description. Deliverables: None Compensation shall be adjusted as follows: Compensation shall be based on the Salary Cost Method, with a total amount not to exceed $58,500.00 (Fifty-Eight Thousand—Five Hundred Dollars). Refer to Attachment B and Table B-3 for additional compensation details. o � k zOriginal Contract $ 925,449.00 MR` I R,y, � Amended Amount $ 58,500.00 �\ » F 5 $ 983 949.00 Revised Total Contract Schedule shall be adjusted as follows: Schedule for these additional construction phase services shall be determined in accordance with the provisions stated in Attachment A. The above described services shall proceed upon return of this Contract Change Authorization. Services will be billed as they are done.All other provisions, terms,and conditions of the agreement forservices which are not expressly amended shall remain in full force and effect. 0 A contract modification will be submitted. X This Contract Change Authorization will serve as contract modification. FREESE ANP ly . NICHOLS, I CLIENT: Yn � . BY: F BY: TITLE: Pr'��'D TITLE: DATE: 8�� /03 DATE: APPROVALS: �PM, GROUP MGR., DISC.LDR., OPER.ANAL., CONTRACT ADMIN. 4055 INTERNATIONAL PLAZA,SUITE 200•FORT WORTH,TEXAS 76109-4895•TELEPHONE:817-735-7300• METRO:817-429-1900•FAX:817-735-7491 UAFORMSICONTRAMCONTRACT CHANGE REQUEST.DOC Freese and N 1• C h 0 Ls, Inc. Engineers Environmental Scientists Architects 4055 International Plaza,Suite 200 Fort Worth,Texas 76109 817 735-7300 817 735-7491 fax www.freese.com July 3, 2003 Mr. Gopal Sahu, P.E. Engineering Department 1000 Throckmorton Fort Worth, Texas 76101 Re: Proposal For Construction Phase Assistance And Part Time Specialty Observation Services For The City of Fort Worth's 54 Inch Pipeline From Holly WTP To Northside Pump Station Dear Mr. Sahu: Attached is a proposal for furnishing the City of Fort Worth with pipeline inspection training and part time specialty observation of the completed Unit 1 pipeline installation on the subject project_ The proposal reflects our discussion this morning and represents a substantial reduction of the involvement of Freese and Nichols, Inc. field services during construction. Also per your request, I have eliminated Options 2 and 3 from consideration altogether. Those options would have provided for different levels of service during all three units of the project by Freese and Nichols' senior resident representation staff. We are pleased to submit the enclosed proposal for construction phase assistance and part time specialty observation services for the project. The proposal includes the following: 1. The services of a Freese and Nichols senior resident representative experienced in the installation of mortar coated steel piping to provide training for the City of Fort Worth's pipeline inspection personnel assigned to the project. The training will be conducted for three eight hour,days each week for a period of six weeks (total of 144 hours). 2 servaces�. r�eese a3x choLs,�enior resident e:tat MM 7"se s�i�s lir' e , ;;�f Cbztractor st � ilsaf�acess tckthe " sec'rQnrac r, hours gx i2 Y . 3f The services of a Frees&-and Mchols'seni resident repi4esenta ve fqr o exg% xo r £` visit.td the plpelrie manufactunng'facility,to obser�re and conrneri o� th ; aspeeltso-fxhe manufacturiig'process (total of$fiours)� 4. A budget of.$23,000 for pzovidin ' testing laboratory servipes to-famish:sand cone testing of the embedment materials'. Othee testing required for verification .f. densities and proctor analysis of backfill materials will be performed directly by the City. The sand cone testing services will be invoiced based on a schedule of charges 4 for personnel and individual test types to be obtained from an acceptable independent testing laboratory, with a fifteen percent mark-up by FNI. 5. The proposal contains limited time for the Freese and Nichols principal in charge and project manager to conduct cost control and quality assurance activities to meet Freese and Nichols internal project requirements. These include processing monthly Freese and Nichols project management reports and conducting one quality control audit and attending one quality assurance meeting with Freese and Nichols corporate staff (total of 12 hours). This proposal does not contain any time for Freese and Nichols personnel to manage the actual construction project, as that task will be accomplished by City of Fort Worth personnel. It is our understanding that the City of Fort Worth plans to furnish two full time experienced pipeline inspectors dedicated for these projects. Our proposal will provide the level of training and specialty observation you have requested for the inspectors assigned to the installation of the large diameter mortar-coated steel pipe. I believe our proposal does address the major issues that you mentioned in our telephone conversation earlier today.. However, as I have mentioned to you in our previous conversations on this issue, I do have some concerns with this approach. First, administration of the proposal will be difficult as it basically depends on notice to the senior resident representative when he is needed at the site. It has been our experience in pipeline installation work that an anticipated work item requiring inspection might happen several hours from the time it was originally scheduled. Project work has a tendency to move up and down the pipeline depending on the problems the contractor encounters at certain locations. When coupled with availability issues due to part time utilization of the senior resident representative and minimum charge times (minimum of 4 hours each trip) when work is not at the point it was originally anticipated to be when the request for services was made, and I think you can see that this proposal will present some significant coordination problems that will have to be overcome. The second concern I have is with actual inspection staffing availability during pipe installation. Freese and Nichols feels strongly that there should be an Owner's representative present at all times on the trench when the Contractor is actually installing pipe. The design of any mortar- coated steel pipe, and especially any large diameter flexible pipe, requires that the contractor adhere strictly to specified compaction requirements during backfill operations. Freese and Nichols is currently working with another Client to mitigate massive failures of a flexible piping systertl- 52ndlar Ln rhti om ou Chip prg_!cct_ 4 :ippfars thaL Lh t'_-Alure occurrcJ orl thu[ pro-jccL Lha. cor:Lractor c- t conicn, durtlip tTi�Ci1Laiori_ 1 hllQ Freew �iiid 'N'id ki ivas ii,)C i_ki3:0[�,-2.1 4�l du7im, `:"Llh.er d'p-sl" L:Fr 'CCILIsL:T113t4>>l °11i)r ILI the L61LJre, i[ 1. 1J11€ op11Licin L:lat Iuf.l-'[1)1i' ir,: pccdon by the Owner Lwild Possibly b-Lt%c c.1L,I_,liL LiTA trLiti0.atcd d1CSV pillblelli.-} Elul-ir�� �,�:a[Ia1s.}It. 1'[e1 c Fw,l c 111;r 6-rLn;,C -Lind '' Itdioiti L:11.1 rIlake add"rional av-.1,411b]': to rh,.-- ifv t}1 Fo L Worth :til Lidd" ('Flaj 'It1i6Lc,'- 1'- ,1�°�1L.rs. b1tic4[ k?ii L'LtrYtRt f71iaLlt1f1 Cll:it VOL] Will [lank! t"VI) cc,,I l- A"rcc pJt)jccL.s procL!�2d ig L�p11ttarieiv.15['S . rtE t che- titirn o_r i_tif- n j� is L l+'t>1 X41 ?_iirtC 'nd;%-_i1iu,`1 L711it -? L[J&Ca[c.� ihai [herc 4%11-1 [)c .-mem whtn. one pfo';L!CC ,- nor co,�L:r�:LE `icrc 1:.., t 1!o the rc.:i[ pk-3fe- =al "err ti1LJLTJ1J pips L115t11;11 t>r cre," ,S on efich prL)j+:ci Ihi' :s'. '�1= 3i]€ i': i}1,:�}.:�s'+i� C�11 t ulllL7r1 duration. - h r. VOL1 :0r7i',td r L110 C-,VO t i L[]Tw alsrn._ with the fact that much of the pipeline routing passes through densely-populated areas where multiple landowner complaints are likely, it becomes clear that two inspectors will probably not be able to provide the level of inspection for these pipe installations that is required. Freese and Nichols does have the ability to supplement the City's available staffing to allow for full coverage of the pipe installation at all times should it become necessary. In closing, we look forward to working with you on this project in whatever capacity you ultimately decide upon. Based on our knowledge of the design and construction of these pipeline systems and the City of Fort Worth staffing information we currently have available, Freese and Nichols recommends that you consider supplementing your currently anticipated staffing levels as needed to allow for full time coverage of all pipe-laying activities as they occur. Please note that we will utilize an MWBE materials testing laboratory to satisfy any MWBE participation goals that may need to be part of this project. Please contact me if you have any questions concerning the enclosed proposals or if you need additional information. We truly appreciate your considering Freese and Nichols for this critical work assignment. 7Sinrely, ence P.Eckersley, P Principal attachments xc: Frank Crumb R:\@CS\CSDEP'nCSBD\PROPOSAL\Fort Worth\Fort Worth Northside Construction Management\proposal transmital letter.rtf ae• � - - - a - . 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 CONSTRUCTION PHASE ASSISTANCE AND RESIDENT REPRESENTATIVE SERVICES FOR THE 54 INCH PIPELINE FROM HOLLY WTP TO NORTHSIDE PUMP STATION GENERAL SCOPE OF SERVICES SECTION 1 - DESCRIPTION OF PROJECT,AGREEMENT AND SCHEDULE This. project consists of furnishing training assistance and specialty observation services for construction of the 54-inch water main between the Holly Water Treatment Plant and the Northside Pump Station for the City of Fort Worth. The project has been designed by Freese and Nichols, Inc. under a separate contract and will be constructed under three separate contracts. The overall project is divided into three individual units. The City of Fort Worth will furnish a minimum of two experienced pipeline inspectors dedicated full time to observing the construction of these projects. Freese and Nichols,Inc. (FNI)will provide some training assistance and part time specialty observation as requested by the City of Fort Worth. 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 project construction phase for Units 1 and 2 is expected to begin August 1, 2003 and final completion is expected by May 1, 2004. The project construction phase for Unit 3 is expected to begin November 6, 2003 and final completion is expected by May 1, 2005. SECTION 2 -BASIC SERVICES This section describes the services FNI will provide as basic services. Freese and Nichols in providing these services will observe the work in progress when on site to determine if the completed work will comply in general with the contract documents, assist with field administration of the construction contracts and endeavor to determine that the quality control programs of the contractors are producing acceptable results. Freese and Nichols will not have control or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions of the contractor, subcontractors or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the construction contract documents. However, the specialty observer will exercise its authority on behalf of the City during the construction phase when on site so that work performed by the contractor results in a project completed in general conformance with the construction contract documents. Provide Mortar-coated Steel Pipe Installation Training And Part Time Specialty Observation Freese and Nichols, Inc. (FNI) will provide technical assistance services to the Owner on the Holly 54-inch Pipeline between Holly WTP and Northside. Pump Station. The specific services to be provided are listed below,but in general consist of the provision of a senior resident representative to provide training and part time specialty observation to City of Fort Worth inspectors assigned to the project for installation of large diameter mortar-coated steel pipe. The resident representative will work with the individual inspectors at the site three days per week for six weeks at the beginning of construction to point out various issues critical to the proper installation of the new pipeline. After that time,a senior resident representative will be available on an as-needed basis to provide additional specialty observation of the interior of the pipeline during the remainder of construction. This proposal is based on a maximum of 24 separate visits to the site to conduct the interior pipeline observation and a total not to exceed number of 120 hours for this work. Additional technical assistance or full time resident representation can be furnished as an additional service. Included in this proposal is a budgetary amount of$23,000 for providing testing laboratory services to furnish sand cone testing of the embedment materials. Other testing required for verification of densities and proctor analysis of backfill materials will be performed directly by the City. The sand cone testing services will be invoiced based on a schedule of charges for personnel and individual test types to be obtained from an acceptable independent testing laboratory,with a fifteen percent mark-up by FNI. Also included in this proposal is time for the senior resident representative to conduct one inspection at the pipe manufacturing plant and 24 separate interior inspections of the completed pipe at 1,500 foot increments. The Contractor will be responsible for furnishing safe access into the pipe. The senior resident representative will take photographs and furnish a report for each site visit made. During the site visit available pipe materials and appurtenances will be observed for compliance with contract requirements. In addition, embedment and backfill placement and compaction operations will be observed for general compliance with specified requirements. However, due to the intermittent frequency of the senior resident representative visits included in this proposal,the City of Fort Worth inspection staff will remain responsible for the overall comprehensive inspection of the project and the acceptance or rejection of materials and pipe installation. This proposal does not include daily representation at the site by Freese and Nichols. Site visits will be conducted in accordance with the schedule established in this proposal. Communication between the individual contractors and Freese and Nichols personnel will be through the City of Fort Worth inspectors. Communication between the individual landowners and Freese and Nichols personnel will be through the City of Fort Worth inspectors. Freese and Nichols staff will not communicate directly with either the individual contractors or landowners involved with these projects. B. The following items are not included in the scope of services and can be provided as an additional service upon request: 1. Services in excess of the number of hours indicated above. The City will provide compensation of hours in excess of 50 hours per week. 2. Field layouts or the furnishing of construction line and grade. 3. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. 4. 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 City. 5. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 6. 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 City. 7. Performing extensive, non-routine investigations, studies and analyses of work proposed by construction contractors to correct defective work. 8. Performing extensive, non-routine investigations, studies and analyses of substitutions of materials or equipment or deviations from the plans and specifications. 9. Assisting the City 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. 10. 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. 11. Additional services that are required to comply with local, State or Federal regulations that become effective after the date of this agreement. 12. Additional services required as a result of the failure of the contractors to complete the work for any reason within the contract time. 13. Geotechnical investigations, studies and reports or materials testLng. 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 CONSTRUCTION PHASE ASSISTANCE AND RESIDENT REPRESENTATIVE SERVICES FOR THE 54 INCH PIPELINE FROM HOLLY WTP TO NORTHSIDE PUMP STATION COMPENSATION i. BASIC ENGINEERING SERVICES For engineering services provided under Attachment A, the City shall pay the Engineer on a Salary Cost Method, depending on the option selected, an amount not to exceed the following, according to paragraphs A, B and C below. $58,500.00 (Fifty-Eight Thousand—Five Hundred Dollars) The basis for this payment is shown in the Exhibit B-3 for each option. 1. 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. Senior Resident Representative shall be compensated on the basis of Salary Cost times 2.30. 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. Attachment B-1 R`,@CS\CSDEPT\CSBD\PROPOSAL\Desien-Bid-Build\Fort Wor&Rolly 54 Inch Resident Rep\FIW-54 INCH-ATTACHMENT B REVISED.doc ATTACHMENT B COMPENSATION AND PAYMENT SCHEDULE 2. 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. 3. 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 Al, 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 R:\QCS\CSDEPTnCSBD\PROPOSAUDesign-Bid-Build\Fort Worth\Holly 54 Inch Resident Rep\FTW-54 INCH-ATTACHNMNT B REVISED.doc ' O v 0 O O 000000 N O O O N O O O O O O O O O O N 000`*.0000000000 M N H H p N p M N N N M N N N Hi-H2 O N O 0 0+rm O O ky_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 00 0 010000 00000 0 0 O Q 0 n= NM pp co = N N ^O O O O O O OO O o oNp 00 OOOooooo O T p O OO 'Nm N O0 00001n 0 00 N N NM �^OINNMNNN^TNN Ip � �1 v N N N N y1 g N N N M yp O m O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O N ay 2 v V C N M N _e N N N . p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O p o N O O O O O O 00.... O Oo R N N L• �N Qy. N N O 3=O O O O O O TO?O O O O N M }yy. O M N n � � E O1 tp N lO M N o G Z 'a a T � E V LL U�V C S •n O yaj N C 3 O E= c �^ F, ccs a N {�-. E., c c3 o oM � En �S ro w•.._ Y Y N °' uro mY v�.:�'� Ohm�<DUO owa p .1-dg Ana Z S .. r d N Y Y C A 'O = ..1 O.' to O C d ✓ N 7 3 U" O ta A Y y Y Q Q O=0 m G C `• 6m T:•: 16Mh2 2dd1 C ZZZ2 F mf"• '7 131ZZZ f-mF o0000000 + 000000000 0 mgRR nm^'m nim ni F.�acv<elvcvav<v City of Fort Worth, Texas "miyor And coundt coninsunkation DATE REFERENCE NUMBER LOG NAME PAGE 8/12/03 **C-19698 30HOLLY2 1 of 1 SUBJECT AMENDMENT NO. 1 TO ENGINEERING AGREEMENT WITH FREESE AND NICHOLS, INC. FOR HOLLY/NORTHSIDE II 54-INCH WATER MAIN EXTENSION, CONTRACTI RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 27835 with Freese and Nichols, Inc. in the amount of $58,500, thereby increasing the contract amount to $983,949. DISCUSSION: On June 18, 2002 (M&C C-19124), the City Council authorized the City Manager to execute an engineering agreement with Freese and Nichols, Inc. in the amount of $925,449 to prepare plans and specifications for Holly/Northside II 54-inch Water Main Extension, Contract I. The project was divided into three units in order to expedite construction. The City has received bids on Units 1 and 2, which were advertised in May 2003. Unit 3 will be advertised for bid in October 2003. This amendment will allow Freese and Nichols, Inc. to provide limited construction inspection and specialized material testing services for installation of the 54-inch mortar coated steel pipe for the Unit 1 project. In addition to these services, Freese and Nichols, Inc. will also provide training to City inspection personnel on the proper method of installation of the steel pipe. The majority of large diameter water mains that have been installed in the City have been concrete cylinder pipes. Staff recognizes the need for City inspection personnel to be trained in the installation and inspection of steel pipe and recommends that Freese and Nichols, Inc. be allowed to provide technical assistance to City forces on this project. Freese and Nichols, Inc. proposes to provide these services for a lump sum fee of $58,500. City staff considers this fee to be fair and reasonable for the scope of services proposed. This project is located in COUNCIL DISTRICT 9, Mapsco 61 C and H; 62E, J, N, P, U, and Y; and 76C. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. MO:r Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: Douglas Rademaker 6157 (from) P163 531200 060163014104 $58,500.00 Additional Information Contact: Douglas Rademaker 6157