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HomeMy WebLinkAboutContract 27023 ADMINISTRATIVE CONTRACT AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS $ CITY SECRETARY CONTRACT NO. Y.) (No M&C Needed) COUNTY OF TARRANT $ This AGREEMENT is between the City of Fort Worth (the "City") and Freese and Nichols, Inc. , (Engineer) , for a PROJECT generally described as: Constructability Review for Water Main Rehabilitation, Contract II . Article 1 Scope of Services A. The Scope of Services shall include the performance of a constructability review of the above described project and the preparation of a report documenting the review. NOW THEREFORE, City and Engineer, acting herein by and through their duly authorized representatives, enter into the following agreement: 1 . Engineer shall provide the engineering services specified in a proposal letter to the City dated July 27, 2001, a copy of which is attached hereto and incorporated herein. 2. Engineer shall be compensated a lump sum fee of $8,363.84 for all work and services performed under the agreement as specified in the July 27, 2001 proposal letter. �01�tir ���1G�1 P 3. EXECUTED on this the _2C_./day of 2001, in Fort Worth, Tarrant County, Texas. A ST. 1(d Contract Authori 'tion Gloria Kearson, City Secretary Date APPROVAL RECOMMENDED: APPROVED. o , A. Douglas Rademaker, P.E . Mike G oomer Director, Department of Assistant City Manager Engineering FREESE AND NICHOLS, INC. ENGINEER I / 7 "V BY Nam M. Veath P.E. 71Vice President Ridamar Plaza, Suite 203 Fort Worth, TX 76116 APPROVED AS TO FORM AND LEGALITY: Gary Steinberger Assistant City Attorney -2- URCIA LECHI@ C iry��EPEhG'y FT, woG'��a r A C E N T U R Y O F S E R V I C E les 1% FREESE•NICHOLS August 23, 2001 Fort Worth Engineering Department 1000 Throckmorton Fort Worth, Texas 76102-6311 ATTN: Ms. Dena Johnson, P.E. RE: City of Fort Worth Water Main Rehabilitation Project Proposal for Constructability Review Dear Ms. Johnson: In response to our meeting with you on Tuesday, July 24, 2001, we are submitting this proposal for providing professional engineering services to the City of Fort Worth for the constructability review of the contract documents entitled "WATER MAIN REHABILITATION CONTRACT H (1999 TXDOT MANTENANCE PROGRAM"prepared by Dunaway Associates, Inc. This proposal includes a revised agreement format from that previously submitted to you. However, the scope of services and the fee calculation remain unchanged. SCOPE OF SERVICES Freese and Nichols will perform a constructability review of the design details of the river crossing described in the referenced documents. Prepare a report documenting the review to be submitted to the City. Constructability review will address ability to construct project using current construction means,methods and technology using details shown in contract documents while recognizing that each prospective bidder would determine and be responsible for specific means, methods,techniques, and sequences of construction. TIME OF COMPLETION Freese and Nichols is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in accordance with the following schedule: Complete review of documents - August 13, 2001 Submit report to City - August 24,2001 If Freese and Nichols'services are delayed through no fault of Freese and Nichols,Freese and Nichols shall be entitled to equitable adjustment of compensation and Freese and Nichols shall be entitled to adjust contract schedule consistent with the number of days of delay. pp r1n 0FFICI�(�6 ���U�by/N' Freese and Nichols, Inc. Engineers Environmental Scientists Archit tS\:II�II c��CSi13�ISU(nIUSU 4055 International Plaza Suite 200 Fort Worth,Texas 76109-4895 jri�lUl �RM 817-735-7300 Fax 817-735-7491 Lo U @INB lLSSWW RESPONSIBILITIES OF THE CITY OF FORT WORTH The City of Fort Worth shall perform the following in a timely manner so as not to delay the services of Freese and Nichols: A. Designate in writing a person to act as the City of Fort Worth's representative with respect to the services to be rendered under this Agreement if other than Ms. Dena Johnson, P.E. Such person shall have contract authority to transmit instructions, receive information, interpret and define the City of Fort Worth's policies and decisions with respect to Freese and Nichols' services for the Project. B. Provide any additional pertinent criteria and information as to the City of Fort Worth's requirements for the Project beyond that expressed in the July 24, 2001 meeting with Ms. Dena Johnson,P.E. C. Assist Freese and Nichols by placing at Freese and Nichols'disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. D. Arrange for access to and make all provisions for Freese and Nichols to enter upon public and private property as required for Freese and Nichols to perform services under this Agreement. E. Examine report presented by Freese and Nichols, obtain advice of an attorney, insurance counselor and other consultants as the City of Fort Worth deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Freese and Nichols. F. No subsurface investigations,including,but not limited to, borings, test pits, soil resistivity surveys, and other subsurface explorations are anticipated. Should the City determine they are necessary, the City of Fort Worth shall do this work or arrange to have this work done and shall make or have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by City of Fort Worth. G Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, as well as such legal services as the City of Fort Worth may require or Freese and Nichols may reasonably request with regard to legal issues pertaining to the Project. 0MCBad 11COMI@ COPD 8Ef M 'My DESIGNATED REPRESENTATIVES Freese and Nichols and OWNER designate the following representatives: • Owner's Designated Representative— Dena Johnson,P.E. City of Fort Worth—Department of Engineering 1000 Throckmorton Fort Worth, Texas 76102-6311 P 817-871-7866 F 817-871-7854 • Owner's Accounting Representative-(Name, address,telephone number,fax number and e-mail address). • Freese and Nichols'Project Manager— Larry Eckersley,P.E. Freese and Nichols, Inc. 4055 International Plaza Suite 200 Fort Worth,Texas 76109-4895 P 817-735-7348 F 817-735-7493 Email]pe@freese.com • Freese and Nichols'Accounting Representative Sharon James Freese and Nichols,Inc. 4055 International Plaza Suite 200 Fort Worth,Texas 76109-4895 P 817-735-7298 F 817-735-7491 Email sdi@freese.com C tjE vlkGlalaAA Y FF, �1 BWo ULSWo COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER A. Basic Services: Compensation to FNI for the Basic Services shall be the lump sum of$8,363.84. If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services,FNI will notify OWNER for OWNER'S approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work: Staff Member Salary Cost Times Multiplier of 2.3 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers,etc.,for the time directly chargeable to the project,plus social security contributions,unemployment compensation insurance,retirement benefits,medical and insurance benefits,longevity payments,sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.48 times payroll. This factor is adjusted annually.) Other Direct Expenses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include outside printing and reproduction expense,communication expense,travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work,including costs of laboratory analysis,test,and other work required to be done by independent persons other than staff members. Rates for Inhouse Services Computer and CAD Calcomp Plotter PC CAD Stations $10.00 per connect hour Bond $ 2.00 per plot Interpro $12.50 per connect hour Color $ 3.50 per plot PC Stations $ 8.00 per connect hour Vellum $4.00 per plot VAX Computer $20.00 per connect hour Mylar $10.00 per plot Print Shop Bluelines $0.07 per square foot Offset and Xerox Copies $0.07 per single side copy Offset and Xerox Copies $0.14 per double side copy GBC Binding (Regular Cover) $ 2.00 per book GBC Binding(Emboss. Cover) $ 4.00 per book Tape Binding (Regular Cover) $ 1.75 per book Tape Binding(Emboss. Cover) $ 3.75 per book 4-29-95 CO-1 �`5FF QPl G11CORD ,��Aff TERMS AND CONDITIONS OF AGREEMENT We propose to furnish our services as described herein in accordance with Attachment TC, "Terms and Conditions of Agreement". We appreciate this opportunity to submit this proposal. If additional information or clarification is desired, please do not hesitate to contact us. If you are in agreement with the services described above and wish for us to proceed with this assignment,please sign below and return one copy of the agreement for our files. Yours very truly, A D NICHOLS,INC.h� II ll t / (COMPANY NAME) By: oy M. e ch,P.E. Vice Presi ent Title: f timAZO v(oAv/tAt Date: P2/nlciPA L FEE CALCULATON Employee Hours Hourly Rate Cost John M.New 16 $106.34 = $1,701.44 Larry P. Eckersley 32 $151.06 = $4,833.92 Coy M.Veach 6 $179.34 = $1,076.04 Robert F.Pence 2 $226.22 = $ 452.44 Expenses 1 Lump sum $300.00 = $ 300.00 Total Fee $8,363.84 8-20-96 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to City of Fort Worth The term FNI as used herein refers to Freese and Nichols,Inc.,its employees and agents;also its subcontractors and their employees and agents. As used herein,Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner,without invalidating the AGREEMENT,may order changes within the general scope of the WORK required by the AGREEMENT by altering,adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of,or the time required for,the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten days'written notice. In the event of termination,FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and,in addition,all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract,tort,strict liability, warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss of product,loss of use of the equipment or system,loss of anticipated profits or revenue,non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to deign or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria,drawings,specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI harmless from any and all claims and judgments,and all losses,costs and expenses arising therefrom. FNI shall disclose to Owner,prior to use thereof,defects or omissions in the data,design criteria,drawings,specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Workers'Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability(Any Auto) Professional Liability CSL $1,000 $3,000 Annual Aggregate 7. SUBCONTRACTS: If,for any reason,at any time during the progress of providing Services,Owner determines that any subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. S. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended o; represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said document_ from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or lega, exposure to FNI,or to FNI's independent associates or consultants,and Owner shall indemnify and hold harmless FN7 and FNI's independent associates and consultants from all claims,damages,losses and expenses including attorneys'fee_ arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonabl: compensation. FNI may reuse all drawings,report data and other project information in the execution of the Service-- provided ervice_provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and withou liability or legal exposure to Owner,and FNI shall indemnify and hold harmless Owner from all claims,damages,loss-, and expenses including attorneys'fees arising out of or resulting therefrom. p DD Un�r`�=b`��IIlr;1��1I v CRIER D 15Gt1e 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous,radioactive,toxic,irritant,pollutant,or otherwise dangerous substance or condition at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT,FNI does not take possession or control of the subject site,but acts as an invitee in performing the services,and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further,FNI shall have no responsibility for any pollutant during clean-up,transportation, storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost,but does not guarantee the accuracy of such estimates. Opinions of probable cost,financial evaluations, feasibility studies,economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgement as an experienced and quali fied design professional. It is recognized,however,that FNI does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will furnish Construction Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services,FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors;FNI will report any observed deficiencies to Owner,however,it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person(except his own employees or agent)at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s)will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation. If OWNER fails to make any payment due FNI for services and expenses within thirty(30)days after receipt of FNI's statement for services therefore,the amounts due FNI will be increased at the rate of one percent(l%)per month from said thirtieth(30th) day, and,in addition, FNI may,after giving seven(7) days'written notice to OWNER, suspend services under this AGREEMENT until FNI has been paid in full,all amounts due for services,expenses and charges. 13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners,successors,executors,administrators and legal representatives(and said assigns)of such other party,in respect of all covenants,agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign,sublet or transfer any rights under or interest in(including,but without limitation, moneys that may become due or moneys that are due)this AGREEMENT without the written consent of the other,except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of services hereunder. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services,onl the terms co ns/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. ho e fl ct between the Purchase Order and the terms of this AGREEMENT,then this AGREE ME � rt, determinative of the conflict. F 11^ R GK FoPTWOFTH MEMORANDUM TO: A. Douglas Rademaker,Director,DOE and Mike Groomer,Assistant City Manager FROM: Dena Johnson,DOE DATE: August 10,2001 RE: ADMINISTRATIVE CONTRACT WITH FREESE AND NICHOLS, INC. FOR CONSTRUCTABILITY REVIEW FOR WATER MAIN REHABILITATION,CONTRACT II.DOE NO. 2755,WATER PROJECT NO.PW77-060770140500 The original design provided for the installation of a 20 inch water transmission main underneath the west fork of the Trinity River on the west side of the University Street bridge between Rockwood Park Drive and River Park. After beginning work on the project,the contractor alleged that the water main could not be constructed as designed. The contractor's position is that the extreme hardness of a layer of solid impenetrable rock which was encountered along the southern alignment of the proposed main, prevents sheet piling (which would have allowed for installation underneath the river) from being driven into the river bottom. The existence of the solid rock layer was unknown prior to beginning construction of the project. The project plans were then subsequently revised to allow the water main to be suspended along the northbound bridge structure of University Street. Staff has been negotiating with the contractor, Texas-Sterling Construction, Inc. (TSCI), for TSCI to install the new alignment for the water line for a price substantially lower than the original bid price of $440,000.00. Staff is of the opinion that the new alignment is much less complex to install than the previous alignment and therefore should be considerably less expensive. However, TSCI claims that the previous alignment was not constructible as designed and has demanded that they be paid the entire $440,000.00 to install the new alignment along with an additional $91,220.00 for completing the additional scope. TSCI has informed the City that the company is willing to install the new alignment at the price recommended by staff so long as TSCI is allowed to reserve the right to pursue additional claim against the City. In order to ascertain whether the original alignment was constructible as designed, staff recommends that the engineering firm of Freese and Nichols, Inc. be hired as an independent third party to review the original plans and submit a report of their findings. Freese and Nichols, Inc. has submitted a proposal in the amount of $8,363.84 to perform the constructability review of the original design. I believe this fee is fair and reasonable for the services to be provided. Please authorize this project by your signatures on the attached agreement form. cc: Berdena Hamilton, Water Department uaffKclk GPPKDXCD Dan Pepon, Water Department Gary Steinberger, Assistant City Attorneyvl��M9 �r ENGINEERING DEPARTMENT THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102-6311 (817) 871-7941 * FAx (817) 871-7854 ij Printed on recycled paper