ORDER NO. 31864 AMENDMENT TO FREESE & NICHOLS AGREEMENT — CONTRACT — CONSTRUCTION PHASE FOR PLAT ROCK LAKE DAM AND INGRAM LAKE DAM Came to be heard this the 23rd day of August, 2010, with a motion made by Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4 -0 -0 to: Approve amendment to the Freese & Nichols Agreement for Construction Phase Services for Flat Rock Lake and Ingram Dams with changes of Resident Project Representative onsite for six weeks to be $20,000.00 instead of $29,700.00, and a $2,000.00 per week credit for early finish, and $2,000.00 per week payment for increased amount of time, pending receipt of new contract from Les Boyd. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct Two MEETING DATE: August 23, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve an Amendment to the Freese & Nichols Agreement for Construction Phase Services for Flat Rock Laek and Ingram Dams. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Bill Williams From: Les Boyd [MLB @freese.com] Sent: Friday, August 13, 2010 2:17 PM To: Bill Williams Cc: Bonnie Lewis; Tanner Griffin; Tina Stanard; Les Boyd Subject: FW: Kerr County Change Authorization Attachments: 20100813135759.pdf 2010081313575 9.pdf (412 KB) Mr. Williams, Here is the agreement (electronic format)for construction phase services (CPS) for Freese and Nichols. Two originals are being sent for Monday delivery. David Sab of Prosouth Construction said his contracts are at the bonding agent and he should have the contracts and bonds to us early next week. Thanks Les Original Message From: Bonnie Lewis Sent: Friday, August 13, 2010 2:05 PM To: Les Boyd Subject: FW: Kerr County Change Authorization Original Message From: Global Scan Sent: Friday, August 13, 2010 2:03 PM To: Bonnie Lewis Subject: The attached document is a scanned document from a Lanier MFP device at Freese and Nichols, Inc. * ** DO NOT REPLY! * ** The account used to send this message is NOT monitored. Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. 1 Rev. 06/10 FREESE CONTRACT CHANGE AUTHORIZATION FORM •, NICHOLS Amend # 1 ChentE Mr William "Bitl" 1Nilliams FNl' °Project No KRC1:0157 i No. 2 • t y���rt a 4 C lent Contract_Ref Flat Rock and c a �4 ire r`� n of ntY �v Ing Panr� Grouting . , r- 'a^� - •++irr. -"' 700 Main x F 4 Date August ,i K a n _ Kerrville �' ° , Texas 78028 , it ,� i. 'S as .cis ti �,� i y , - -- _ _-...: Project Description: Flat Rock and Ingram Dam Grouting, Construction Phase Services Description of Services Added: As detailed in the attached Scope of Work for Construction Phase Services. Deliverables: Freese and Nichols will provide the following deliverables: • Daily construction report from Resident Project Representative. • Site visit memorandums by the Design Engineer. • Site visit memorandums by the Project Manager. • Reports and documentation required by TCEQ. • Record Drawings. Conditions Terms and Conditions of the Agreement for Professional Services between Kerr County Commissioners Court and Freese and Nichols, Inc., dated February 22, 2010, shall apply to this contract amendment. Compensation shall be adjusted as follows: Based on providing Construction Phase Services as outlined in the attached scope of the proposed fee is as follows: • Resident Project Representative onsite for six weeks = $ 29,700 (6 weeks x 5 days a week x 10 hours a day) • Design Engineer - 4 site visits = $ 4,830 • Project Manager - 2 site visits = $ 4,000 • Record Drawings = $ 920 • TCEQ Reporting = $ 2,000 • Expenses = $ 6,325 • Total Fee $ 47,775 The above Construction Phase Service fee is based on a six week construction schedule. For every week the construction finishes earlier than six weeks, there will be a credit of $4,000 to Kerr County Commissioners Court. For every week the construction goes beyond the proposed six weeks there will be an additional payment of $4,000 to Freese and Nichols, Inc. from Kerr County Commissioners Court. 4 , Or Contract $12,000.00 - v ,4 ; a 4m w ,t *ti ,. P (, Ame Amount 1 �, � _ $47,775.00 ��K, Revised Total Contract $59,775.00 - i 4055 INTERNATIONAL PLAZA, SUITE 200 1 FORT WORTH, TEXAS 76109 -4895 1 TELEPHONE: 817 -735 -7300 1 METRO: 817- 429 -1900 1 FAX: 817- 735 -7491 [KRC10157] T:11.30 Contract\CONTRACT CHANGE AUTHORIZATION AMEND # 1 Rev. 06/10 Schedule shall be adjusted as follows: Freese and Nichols will comply with the following schedule in execution of this Task: • Begin work when the General Contractor commences construction activities. 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 for services which are not expressly amended shall remain in full force and effect. ❑ A contract modification will be submitted. X This Contract Change Authorization will serve as contract modification. FREESE AND NICHOLS, INC.: KERR COUNTY: BY: - ' SM , fretyC. BY: Print or Type Name Print or Type Name TITLE: PR c1 TITLE: DATE: g DATE: 4055 INTERNATIONAL PLAZA, SUITE 200 1 FORT WORTH, TEXAS 76109-4895 I TELEPHONE: 817-735-7300 I METRO: 817- 429 -1900 I FAX: 817 -735 -7491 [KRC10157] T:11.30 ContracttCONTRACT CHANGE AUTHORIZATION AMEND # 1 FLAT ROCK DAM AND INGRAM DAM CONCRETE CAP VOID GROUTING KERR COUNTY COMMISSIONERS COURT KERRVILLE, TEXAS Scope of Services Freese and Nichols proposes to provide the following professional services: A. The ENGINEER will have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: 1. Resident Project Representative is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on -site Work shall in general be with ENGINEER and CONTRACTOR, keeping OWNER advised as necessary. Resident Project Representative's dealings with Subcontractors shall only be through or with full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities of Resident Project Representative: 1. Schedules: Review the progress schedule and schedules of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR including, preconstruction conference, progress meetings, other project - related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on -site operations. b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings: a. Record date of receipt of Shop Drawings. b. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing if it has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: 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 ENGINEER whenever Resident Project Representative believes that any Work will not produce a completed Project that 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 ENGINEER of Work the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests 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. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Request for Revisions: Consider and evaluate CONTRACTOR's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to ENGINEER. Transmit to CONTRACTOR in writing decisions as issued by ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job meetings, Shop Drawings, reproductions of original Contract Documents, including all Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to CONTRACTOR and other Project related documents. 9. Reports: a. Furnish to ENGINEER daily construction reports as required of progress of the work and of CONTRACTOR's compliance with the progress schedule. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup material from CONTRACTOR and recommend to ENGINEER Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to ENGINEER and OWNER the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to OWNER, 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. 11. Completion: a. Before ENGINEER 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 ENGINEER, OWNER 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. e. ENGINEER to prepare Record Drawings based on CONTRACTORS markups. f. ENGINEER to provide Certificate of Completion to TCEQ. C. Limitations of Authority of Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items), unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor, Suppliers, or CONTRACTOR's superintendent. 4. 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. 5. 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 OWNER or CONTRACTOR. 6. Shall not accept shop drawing or sample submittals from anyone other than the CONTRACTOR. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by ENGINEER. Deliverables Freese and Nichols will provide the following deliverables: 1. Daily construction report from Resident Project Representative. 2. Site visit memorandums by the Design Engineer. 3. Site visit memorandums by the Project Manager. 4. Reports and documentation required by TCEQ. 5. Record Drawings. Schedule Freese and Nichols will comply with the following schedule in execution of this Task: • Begin work when the General Contractor commences construction activities. Compensation Based on providing Construction Phase Services as outlined in the above scope of work the proposed fee is as follows: • Resident Project Representative onsite for six weeks = $ 29,700 (6 weeks x 5 days a week x 10 hours a day) • Design Engineer - 4 site visits = $ 4,830 • Project Manager - 2 site visits = $ 4,000 • Record Drawings = $ 920 • TCEQ Reporting = $ 2,000 • Expenses = $ 6,325 • Total Fee $ 47,775 The above Construction Phase Service fee is based on a six week construction schedule. For every week the construction finishes earlier than six weeks, there will be a credit of $4,000 to Kerr County Commissioners Court. For every week the construction goes beyond the proposed six weeks there will be an additional payment of $4,000 to Freese and Nichols, Inc. from Kerr County Commissioners Court. Conditions Terms and Conditions of the Agreement for Professional Services between Kerr County Commissioners Court and Freese and Nichols, Inc., dated February 22, 2010, shall apply to this contract amendment. L