ORDER NO. 31809 CONTRACT AMENDMENT WITH FREESE & NICHOLS FOR REPAIRS OF FLAT ROCK AND INGRAM LAKE DAMS Came to be heard this the 13th day of September, 2010, with a motion made by Commissioner Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4 -0 -0 to: Approve Contract Amendment with Freese & Nichols for on -site construction oversight services for the repair of Flat Rock and Ingram Lake Dams. 31 t9 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: Sept. 13, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve contract amendment with Freese & Nichols for on -site construction oversight services for the repair of Flat Rock and Ingram Lake 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 n 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. #31809 Rev. 06/10 • FREESE CONTRACT CHANGE AUTHORIZATION FORM r Amend # 1 Client: Mr. William "Bill" Williams FNI Project No.: KRC10157 Commissioner Precinct No. 2 Client Contract Ref.: Flat Rock and Kerr County Ingram Dam Grouting 700 Main Date: August 25, 2010 Kerrville, Texas 78028 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 and as amended by County Commissioners at the August 23, 2010 Kerr County Commissioners Court meeting, Agenda Item I- 1.18, the proposed fee is the Lump Sum amount of Thirty Eight Thousand Seventy Five Dollars ($38,075). Further, 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 $2,000 to Kerr County Commissioners Court. For every week the construction goes beyond the proposed six weeks there will be an additional payment of $2,000 to Freese and Nichols, Inc. from Kerr County Commissioners Court as also agreed upon at said August 23,2010 Commissioners Court Meeting. The start of the six weeks measure will be on the first day the contractor starts work at the dams. Original Contract $12,000.00! Amended Amount $38,075.001 Revised Total Contract $50,075.00 4055 INTERNATIONAL PLAZA, SUITE 200 I FORT WORTH, TEXAS 76109-4895 1 TELEPHONE: 817-735-7300 1 METRO: 817- 429 -1900 I FAX: 817.735 -7491 IKRC101571 T:11.30 ContracriCONTRACT 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 hill 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: Pat Tinley Print or Type Name Print or Type Name TITLE: TITLE: Kerr County Judge DATE: DATE: September 13, 2010 • • 4055 INTERNATIONAL PLAZA, SUITE 200 1 FORT WORTH, TEXAS 76109-0895 I TELEPHONE: 817- 735 -7300 1 METRO: 817 -429 -1900 I FAX: 817- 735 -7491 [KRC10157] T:11.30 ContractlCONTRACT 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 Residen 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 td 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 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. C. Limitations of Authority of Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials o0 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 oQ 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 b), 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 the Lump Sum Amount of Thirty Eight Thousand Seventy Five Dollars ($38,075). This fee is based upon a construction time of six (6) weeks. 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.