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Contract 45800-A2
r FREESE pracbcal Fes uits * Outstanding gervice 1 4055 International Plaza,suite 200 • Fort Worth,Texas 76109 • 817-735-7300 • fax 817-735-7491 www.freese.com March 27,2015 CITY SECRETAW Mr.Thomas Alves, PLA,AICP CWRACT W Senior Landscape Architect City of Fort worth Parks and Community Services Department 4200 South Freeway,Suite 2200 Fort Worth,TX 76115 Re: Fort Worth Nature Center and Refuge Embankment Repair Amendment#2 Dear Mr.Alves: Additional services have been requested on the referenced project. This amendment includes the following services and tasks: Task Description Fee 1 PM &Meetings $3,863 2 Field Survey $5,910 3 50%Design $4,148 4 95% Design $9,999 5 Final Design $6,168 6 Bid Phase $4,527 7 Construction Phase $3,611 g Environmental Permitting $6,867 Amendment#2 Total Fee $45,093 The attached Scope of Services (Attachment A) includes a detailed description of the scope of work, and the attached Compensation Summary (Attachment B) includes the proposed SBE participation for the current amendment. The table below summarizes the contract amounts and SBE participation for the entire contract, including the original contract and amendment#1. rn C") m rrn Contract Contract Fee FNI SBE SBE% n Original $8,951 $8,951 $ - -- v Amend#1 $12,060 $9,520 $2,540 21.1% Amend#2 $45,093 $40,693 $4,400 9.8% 0 o $66,104 $59,164 $6,940 10.5% FOFFICIAL RECORD ECRETARY FT. WORTH,TX L:\Resources\OLCR\F%FortWorth\FPS\Amd#2 Design\2015-03-23 Alves LBT.docx FWNUR Embankment Repair Amend#2 March 27,2015 Page 2 of 2 Thank you for the opportunity to assist the City on this project. If you have any questions, please call me at(817) 735-7378. Sincerely, Freese and Nichols, Inc. Scott F u ley, P.E., CFM Project Manager Pipwar, P.E.,S.E. l OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX L:\Resources\OLCR\RFortWorth\FPS\Amd#2 Design\2015-03-23 Alves LET.docx AMENDMENT No. 1 TO CITY SECRETARY CONTRACT No. 45800 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 45800, (the CONTRACT) which was authorized on the 301-h day of July, 2014 in the amount of $ 8, 951 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $12 , 060 . 00 which was administratively authorized on July 28, 2014 ; and WHEREAS, the CONTRACT involves engineering services for the following project : Fort Worth Nature Center and Refuge Levee Improvements Project; and WHEREAS, it has become necessary to execute Amendment No. 2 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 a proposal dated March 27, 2015, a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $45, 093 . 00. (See Attached Funding Breakdown Sheet, Page -3-) 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 $66, 104 . 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect . OTTh Zvi Amendment Template 9CIT11 SECRETARY FT.WORTH, TX EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worth ENGINEER Freese and Nichols, Inc. S an AlanisJo Dewar, P.E. , S.E. Assistant City Manager Pr "ncipal l DATE: - DATE: APPROVAL RECO DED- Ri hard Zavala Director, Parks and Community Services Department APPROVED AS TO FORM AND LEGALITY: M&C: Al Date : Douglas W. Black Assistant City Attorney ATTEST: ®O00000000 000000 Q�Y i sFl�al�►Qa ° �1¢ r�p q o ary JLIWse o o d City Sec eta y °°o Qo° Ay °000°°°O 'ey aaa�n�a�u'�4 as City of Fort worth OFFICIAL R@C©RQ Professional Services Agreement Amendment Template CITY$PICRIMRY PMO Official Release 8/1/2012 WORTH TX Page 2 of 3 , FUNDING BREAKDOWN SHEET City Secretary No. 45800 Amendment No. 2 Department Fund-Account-Center Amount 80 C212-541200-807490232730 $45, 093 . 00 Total : $45, 093 . 00 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of 3 ATTACHMENT "A" Scope of Services for Fort Worth Nature Center and Refuge (FWNC&R) Embankment Improvements 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. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. Prosect Understanding The purpose of this project is to design improvements to the Todd Island embankment within the FWNC&R. The scope of work is based on the selection of Alternative #6 — Turf Reinforcement, as identified in previous phases of the work efforts by FNI. WORK TO BE PERFORMED BASIC SERVICES Task 1. Design Management Task 2. Preliminary Design (50%) Task 3. Final Design Task 4. Bid Phase Services SPECIAL SERVICES Task 5. Construction Phase Services Task 6. Permitting TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 22 • Conduct and document review meetings with the CITY at the end of each design phase. • Prepare and submit monthly progress reports and schedule updates. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. ASSUMPTIONS • This scope of work includes 3 design meetings including the following: o Project kickoff meeting 0 50% Design review meeting o Final Design review meeting DELIVERABLES A. Meeting summaries with action items B. Monthly progress reports C. Baseline design schedule D. Monthly schedule updates E. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. PRELIMINARY DESIGN (50 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 2.1. Topographic Survey • The topographic survey shall be a detailed ground survey showing existing above ground conditions, utilities, contours at one-foot (1') intervals, spot elevations, physical features, single trees greater than four inches (4") in diameter in the vicinity of planned improvements. Datum will be tied to a benchmark or datum designated by the City (North American Datum 1983 (NAD '83). Projected Coordinate System: City of Fort Worth,Texas Attachment A PMO Release Date:07123/2012 Page 2 of 9 NAD-1983— 1983_State Plane_Texas_North_Central_FIPS_4202_Feet Projection: Lam bert_Conformal—Con ic False_Easting: 1968500.00000000 False_Northing: 6561666.66666667 Central—Meridian: -98.50000000 Standard—Parallel-1: 32.13333333 Stand ard_Parallel_2: 33.96666667 Latitude_Of_Origin 31.66666667 Linear Unit: Foot US Geographic Coordinate System: GCS—North—American-1983 Datum: D_North_American_1983 Prime Meridian: Greenwich Angular Unit: Degree 2.2 Development of Preliminary Design Drawings shall include the following: • Cover Sheet • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast comer of North Side Drive and North Main Street). • A single plan and profile sheet of proposed embankment improvements ASSUMPTIONS • There are no known utilities within the project limits and subsurface utility exploration is not included within the scope of work. • The improvements are to be located completely within City-Owned property and no easements or right of way services are required. • Engineer will visit the site up to two (2) times to evaluate design improvements. • 1 hard copy and 1 PDF copy of full size 22x34 drawings will be delivered for Preliminary Design. • 3 hard copies of half size 11x17 drawings will be delivered for Preliminary Design. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. • Technical specifications and contract documents will not be prepared for the 50% design. DELIVERABLES City of Fort Worth,Texas Attachment A PMO Release Date:0712312012 Page 3 of 9 A. Preliminary Design drawings B. Estimates of probable construction cost TASK 3. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare final construction plans as follows: • Preparation of final design plans and specifications for the embankment improvements. • Provide an opinion of probable construction cost based upon the final design. • Submit reproducible mylar coversheet, to client. • Submit final design documents to client. • Revise the final design documents as necessary to reflect changes and comments determined by consensus at final design meeting with client. • Submit electronic copy of complete construction document sheet files, all design files, all reference files and all base files to the City in Auto CAD 2008 and pdf format. ASSUMPTIONS 2 half size 11x17 and 1 full size 22x34 drawings and 2 specifications will be delivered for the 90% design. • 2 full size 22x34 drawings and 2 specifications will be delivered for the 100% design. • Estimated final sheet list to include the following: • Cover (1) • Site Layout/Control Sheet (1) • Plan and Profile of Embankment (1) • Grading plan (1) • Embankment Cross Section Sheet (1) • Erosion and Sediment Control and Vegetation Plan Sheet (1) • Details Sheets (5) DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 4 of 9 C. Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. TASK 4. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. • Assist the CITY with assembling and awarding contracts for construction, materials, equipment, and services. • Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 10 sets of half size plans and specifications (conformed, if applicable) will be delivered to the CITY. • PDF files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda City of Fort Worth,Texas Attachment A PMO Release Date:0712312012 Page 5 of 9 B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) TASK 5. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. • The ENGINEER shall attend the preconstruction conference. • Site Observation visits to assess work progress (1 at 40% and 1 at 70% completion (2 total visits). Notification of scheduled site observation visit shall be provided to consultant by client. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. ASSUMPTIONS • 2 site visits are assumed. • 3 submittal reviews are assumed. • 3 RFI's are assumed. 1 Change Order is assumed. • Construction survey and staking to be provided by General Contractor DELIVERABLES B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 6 of 9 TASK 6. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain the following permits and/or approvals for the project: 6.1. Storm Water Pollution Prevention Plan • Because the project is expected to disturb less than 0.5 acre, a City grading permit is not anticipated and not included in this scope of work. The preparation of a SWPPP will be the responsibility of the Contractor. However, the ENGINEER will prepare erosion and sediment control sheets in the design documents for the Contractor's use. 6.2. Environmental Services FNI's understanding is that the City has selected the Turf Reinforcement Mat Armoring alternative. This scope assumes that the project can be designed and constructed to meet the terms and conditions of nationwide permit (NWP) 3, Maintenance, without requiring a pre-construction notification (PCN) to the U.S. Army Corps of Engineers (USACE). • FNI will compile data such as aerial photos and project limits in digital format for the site visit of the project area and create a data dictionary in the GPS data logger for data collection. • FNI environmental scientists will conduct a site visit to observe and document existing conditions (environment). The presence and general locations of waters of the U.S., including wetlands; potential federal threatened and endangered species habitat; and vegetation will be identified within the proposed project limits. This scope does not include a delineation of waters of the U.S. • FNI will prepare a technical memorandum which documents the site visit findings and provides an opinion on whether the proposed project meets the terms and conditions of NWP 3 without a PCN. In the event it is determined that a PCN will be required, FNI will recommend what, if any, additional studies are needed and a proposed course of action to get the project authorized by the USACE. 6.3. Floodplain Services The project is located within a Zone AE FEMA floodplain according to panel 48439C0155k, effective date 9/25/2009. Because the project will include minor fill within the floodplain, a City floodplain permit will be required. Because the fill is expected to be hydraulically negligible, detailed hydraulic modeling of the project is NOT included in the scope of work. ENGINEER will prepare floodplain permit and submit to CITY floodplain administrator. ENGINEER will coordinate with CITY floodplain administrator to obtain approval. ASSUMPTIONS • Nationwide Permit Technical Memorandum preparation will begin after approval of the Preliminary Design by the City. DELIVERABLES A. Floodplain Development Permit City of Fort Worth;Texas Attachment A PMO Release Date:0712312012 Page 7 of 9 B. Technical Memorandum Documenting 404 Nationwide Permit Applicability ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result 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: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services • 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. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Detailed hydraulic modeling • Preparation of LOMR, CLOMR or other FEMA submittals • Consultation with the Texas Historical Commission. • Preparation of a jurisdictional determination report. • Preparation of a PCN, standard individual Section 404 permit application or a preliminary jurisdictional determination report. • Preparation of an Environmental Information Document, Environmental Assessment, or an Environmental Impact Statement. • Cultural resource studies or investigations. • Meetings or consultation with the USACE or other resource agencies. • Consultation with the U.S. Fish and Wildlife Service under Section 7 of the Endangered Species act. • Presence/absence surveys for federally listed threatened/endangered species. City of Fort Worth,Texas Attachment A PMO Release Date:0712312012 Page 8 of 9 • Preparation of a mitigation plan to compensate for impacts to waters of the U.S. • Application to Texas Commission on Environmental Quality for individual 401 Water Quality Certification. • Application for General Land Office easements. • Application for Texas Parks &Wildlife Department Sand and Gravel Permit. • Additional field investigations or analysis required to respond to .public or resource agency comments. • Expert representation at legal proceedings or at contested hearings. • Mitigation monitoring if required by permit conditions. • Monitoring for compliance with permit conditions. • Phase I or Phase II Environmental Site Assessment. • TDLR review City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 9 of 9 ATTACHMENT B COMPENSATION Design Services for FWNC&R Embankment Repair Project Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of Forty Five Thousand Ninety Three Dollars and No Cents ($45,093) as summarized Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Parks and Community Services Department monthly progress reports and schedules in the format required by the City. City of Fort Worth Professional Services Agreement Attachment B Page 1 of 2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Design and Project $40,693 90.20o Inc. Management Proposed MBE/SBE Sub-Consultants Spooner and Field Survey $4,400 9.8% Associates I I Non-MBE/SBE Consultants TOTAL $45,093 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE FWNC&R Embankment Repair $45,093 $4,400 9.8% City MBE/SBE Goal =_% Consultant Committed Goal = % City of Fort Worth Professional Services Agreement Attachment B Page 2 of 2 w