HomeMy WebLinkAboutContract 35576Freese
and- N chol.s,
!TY SECRETARY
c�/ONTRACT NO.
InC. Engineers Environmental Scientists
4055 International Plaza, Suite 200 Fort Worth, Texas 76109
July 11, 2007
Mr. Brian K. Boerner
Director -Environmental Management
City of Fort Worth
1000 Throcicmorton
Fort Worth, TX 76102-6311
Dear Mr. Boerner:
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JUL 1 2 2007
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817 735-7300 817 735-7491 fax www.freese.com
In response to our telephone conversation with you on July 29, 2007, we are pleased to submit this proposal for
providing professional engineering services to the City of Fort Worth for the technical review of landfill
documents and related services.
SCOPE OF SERVICES
Freese and Nichols will render the following professional services in connection with the development of the
Project:
Freese and Nichols will review the draft permit amendment documents prepared by Allied 117 for the
proposed Southeast Landfill expansion. This preliminary technical review will focus on the following:
• Adherence to the applicable TCEQ MSW regulations contained in 30 TAC Chapter 330.
• Initial review of proposed design features related to the levee system and slurry trench cutoff that
surrounds the landfill.
• Surface Water Drainage System
• Groundwater Monitoring
FNI will also review current groundwater monitoring reports prepared by Allied Waste. In addition to the
technical review of the draft permit documents, Freese and Nichols will investigate potential seepage concerns
in the active portion of the landfill...The investigation will include a site visit to the landfill to view the current
landfill operation and discuss any recent changes in landfill operations or development. Freese and Nichols
will coordinate with the City's analytical lab %to perform water sampling of the seepage, as well as, storm water
collected inside the landfill. Freese and Nichols will review recent cell construction documents. if applicable.
We do not anticipate performing any subsurface investigations for this initial assessment. Analytical testing
will be performed by the City's lab consultant under separate agreement.
Freese and Nichols will prepare a letter report summarizing our, findings from. the initial investigation of
seepage concerns and the review.of draft permit documents. The report will include our recommendations and
..identify the need for any follow-up investigations or analysis on these issues. Following submittal of the draft
version of the reports, FNI will attend a review meeting with the City to discuss our findings and
recommendations.
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:
• Submittal of draft letter report — 20 days from noticeAo-proceed
• Submittal of final letter report — 5 days from receipt of comments from City.
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, but shall not exceed Twenty Four Thousand Five Hundred
Dollars ($24,500) and Freese and Nichols shall be entitled to adjust contract schedule consistent with the
number of days of delay. Freese and Nichols shall provide written notice as soon as is reasonably practicable
to the City for review and comment.
RESPONSIBILITIES OF CITY OF FORT WORTH (City)
City 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 City's representative with respect to the services to be rendered
under this Agreement. Such person shall have contract authority to transmit instructions, receive
information, interpret and define City's policies and decisions with respect to Freese and Nichols'
services for the Project.
B. Provide all criteria and full information as to City's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which City will require to be included in the plans and specifications.
C. Assist Freese and Nichols by placing at Freese and Nichols' disposal upon request, 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 all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Freese and Nichols, obtain advice of an attorney, insurance counselor and other
consultants as City 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.
Page 3
• Freese and Nichols' Project Manager — Jeff Arrington, 4055 International Plaza, Suite 200, Fort
Worth, Texas 76109, 817-735-7385; fax 817-735-7491; email ja@freese.com
• Freese and Nichols' Accounting Representative — Patti Anent 4055 International Plaza, Suite 200,
Fort Worth, Texas 76109; 817-735-7466; fax 817-735-7491; email pla@freese.com
COMPENSATION
FNI proposes to furnish our services as described herein in accordance with Attachment CO, "Compensation".
The total fee for Basic Services shall be computed on the basis of Attachment CO but shall be a not -to -exceed
fee of Twenty Four Thousand Five Hundred Dollars ($24,500). If FNI sees the Scope of Services changing so
that additional services are needed, FNI will notify the City for the City's written approval before proceeding.
Additional services shall be computed based on the Schedule of Charges found in Attachment CO.
Payment of the services shall be due and payable within 30 days of submission of a statement for services.
Statements for services shall not be submitted more frequently than monthly.
ADDITIONAL SERVICES
The following tasks are considered to be additional services for this proposal and will be provided to the City at
the City's request for an additional fee for each additional service item below. FNI shall be paid for these
additional services according to Attachment CO of this Agreement.
1. Subsurface investigations or analytical testing.
2. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and
preparations therefore before any regulatory agency, court, arbitration panel or mediator.
3. Additional meetings
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,
FREESE AND ptdICHOLS. INC.
Approved:
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TEXAS
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COMPENSATION
COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION
A. Not to Exceed: The total fee for Basic Services shall be computed on the basis of the Schedule of Charges
but shall not exceed Twenty Four Thousand Five Hundred Dollars ($24,500). 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:
Staff Member
Resident Representative
Salary Cost Times Multiplier of 2.24
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 1.632 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
$10.00 per hour
Plotter
Bond
Special
Testins Apparatus
Density Meter
Gas Detection
$ 2.50 per plot
$ 5.00 per plot
$700.00 per month
$ 20.00 per test
R:\Contract\2007U.etAgree\FtWorUrSE Landfill
Printin
Slack and White
$0.10 per copy
Color
$0.50 per copy
diniz
$5.75 per book
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the City of Fort Worth, Texas .TheiermFNIasused
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. Any adjustment over $24 500 shall be subiect to City Council consideration and approval.
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 design 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.
8. 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 or represented to be suitable for
reuse by.Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written
verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's
independent associates or consultants, and Owner shall indemnify and, hold harmless FNI and FNI's independent associates and
consultants from alI claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any
such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data
and other project information in the execution of the Services provided under this AGREEMENT in FNI's other�activities.
Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold
harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
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9, - .POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed thatFNI has neither created nor contributed to �
the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous subsfance 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 judgment as an
experienced and qualified 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.
i 1. CONSTRUCTION REPRESE_ NTATION: 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 Representatives) will be set forth in writing and made a part of this
AGREEMENT before the Construction Phase of the Project begins.
12. . PAI'MENT.: 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 within 30 days upon submission of a statement for services to OWNER and in
acceptance of the services as satisfactory by. the 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 (1%)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.
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14. SUCCESSORS AND A5SIGNMENTS: 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 pazty, 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 dischazge
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, only the terms, conditions/instructions typed
on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order
and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict.
FNI— 51�
. OWNER