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HomeMy WebLinkAboutContract 39779CITY SECIREwr RY CONTRACT NO, CITY OF FORT WORTH, TEXAS. STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese and Nichols, Inc. (ENGINEER), for a PROJECT generally described as: Construction Phase Engineering Services for the North and South Holly Water Treatment Plant Upgrade. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to ENGINEER will be made as follows: A. Invoice and Payment (1) ENGINEER shall provide the CITY sufficient documentation to reasonably substantiate the invoices. (2) Monthly invoices will be issued by ENGINEER for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this - - AGREEMENT until paid in full, including interest. In the event of OFFICIAL RECORD suspension of services, the ENGINEER shall have no liability to CITY for CITY SECRETARY services. � r• a :, a 's T\FW\HOLLYWTPOZONE\CMCONTRACT Article IV Obligations of the Engineer Amendments to At IV, if any, are included in Attachment C. A. General ENGINEER will serve as the CTTY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. D. Preparation of Engineering Drawings ENGINEER will not be providing any Engineering Drawings under this Contract. E. ENGINEER's Personnel at Construction Site (1) The presence or duties of ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not -2- T\FW\HOLLYWTPOZONE\CMCONTRACT relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on -site observation(s), on the basis of such on -site observations, if any, ENGINEER shall endeavor to keep the CTI'Y informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required in providing the services set forth in Attachment A, ENGINEER shall furnish such certification to verify materials, systems, or equipment and performance criteria are as required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operation personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from ENGINEER's opinions, analyses, projections, or estimates. -3- T\FW\HOLLYWTPOZONE\CMCONTRACT G Construction Progress Payments Recommendations by ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on ENGINEER'S knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, the CITY has goals for the participation of minority business enterprises and woman business enterprises in City contracts. ENGINEER acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by ENGINEER may result in the termination of this AGREEMENT and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder. a provision to the effect that the subconsultant agrees that the -4- T\FW\HOLLYLUTPOZONE\CMCONTRACT CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontracts, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. K. ENGINEER'S Insurance (1) Insurance Coverage and Limits: ENGINEER shall provide to the CITY certificates) of insurance documenting policies of the following coverage at minimum limits which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY anAdditional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverages specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. -5- T\Ft+l\NOLLYWTPOZONE\CMCONTRACT a (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation, non -renewal or material change in coverage shall be provided to the CITY. Aten (10) day notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self insured retentions, affecting insurance required herein maybe acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must also be approved. Dedicated financial resources or letters of credit may also be acceptable to the CITY. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The CITY shall be entitled, upon its request and without incurring expense, to review ENGINEER's insurance policies including endorsements thereto and, at the CTTY's discretion, ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided ENGINEER on an occurrence basis. (k) The .CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER'S overhead. (1) All insurance required in Section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. -6- T\FW\HOLLYWTPOZONE\CMCONTRACT (m) Subconsultants to ENGINEER shall be required by ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is cancelled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the AGREEMENT. L. Independent Consultant ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure ENGINEER acknowledges to the CITY it has made full disclosure in writing of any existing conflicts of interest or potential conflicts if interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities -Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which ENGINEER should have been aware of at the time this AGREEMENT was executed, ENGINEER shall revise plans and specifications as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which ENGINEER could not have been reasonably aware of, ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. -7- T\FW\HOLLYWTPOZONE\CMCONTRACT Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data The CITY will make available to ENGINEER all technical data in the CTTY's possession relating to ENGINEER'S services on the PROJECT. ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety equipment as required by ENGINEER for such access. The CITY will perform, at no cost to ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CTTY's facilities as may be required in connection with ENGINEER'S services. The CITY will be responsible for all acts of the CTTY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of --way, and access necessary for ENGINEER'S services or PROJECT construction. D. Timely Review The CITY will examine ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial- advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule. E. Prompt Notice The CITY will give prompt written notice to ENGINEER whenever the CITY observes or becomes aware of any development that affects the scope or timing of ENGINEER's services or of any defect in the work of ENGINEER or construction contractors. -$- T\FW\HOLLYWTPOZONE\CMCONTRACT F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorneys fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess, or collect any tax to fund this indemnification. (2) The indemnification and release required above shall not apply in the event the discharge, release, or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER'S negligence or if such hazardous substance, contaminant, or asbestos is brought onto the PROJECT by ENGINEER. G Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding ENGINEER'S Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors, and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CTI'Y and ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this AGREEMENT. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. -9- T\FW\HOLLYWTPOZONE\CMCONTRACT I. CTTY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installationinsurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications, and documents shall be owned by the CITY. -10- T\FW\HOLLYWTPOZONE\CMCONTRACT C. Force Majeure ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the CITY for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the CITY, ENGINEER will be paid for termination expenses as follows: (a) Cost of reproduction of partial or complete studies, plans, specifications, or other forms of ENGINEER'S work product. (b) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services. (c) The time requirements for ENGINEER's personnel to document the work underway at the time of the CTTY's termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CTTY's approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption of Work The CITY may suspend, delay, or interrupt the services of ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment, and cost of ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F Indemnification (1) ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for any property damage and bodily injury, .including death, caused solely by the negligence or willful misconduct of ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. -11- T\FW\HOLLYWTPOZONE\CMCONTRACT (2) If the negligence or willful misconduct of both ENGINEER and the CITY (for a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, Section 33.011(4) (Vernon Supplement 1996). G Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the CITY and ENGINEER and their officers, employees; agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this AGREEMENT or the PROJECT, or any breach of any obligation or duty of CTI'Y or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute, or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorneys fees, costs, and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorneys fees, costs, and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). -12- T\FW\HOLLYtUTPOZONE\CMCONTRACT (2) Any award greater than $50,000, exclusive of attorneys fees, costs, and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. L. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilitytyill not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VLB., VIH., VLL, and VLJ. shall survive termination of this AGREEMENT for any cause. M. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all CITY ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws, ordinances, and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents, and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. -13- T\FW\HOLLYWTPOZONE\CMCONTRACT Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B - Compensation Attachment C - Supplemental Obligations of ENGINEER IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be signed in quintuplet in its name and on its behalf, by its Assistant City Manager and attested by its City Secretary, with the Corporate Seal affixed, and the Engineer also has properly executed this instrument in quadruplet copies each of which is deemed an original. EXECUTED this day of ATTEST: Marty W6 a r ' City Secretary APPROVED AS TO FORM AND LEGALITY Assistant �ty Attorney Amy Ram ey ATTEST: APPROVAL RECOMMENDED: By: . Frank Crumb, P.E. Water Director By: CITY F FORT WORTH O Fernando Costa Assistant City Manager rREESE AND NICHOLS, INC. By: Thomas Haster,-P.E. Principal a4-o5� uthorization ContLac a an mate OFFICIAL RECORD CITY SECRETARY T. -14- T\FW\HOLLYWTPOZONE\CMCONTRACT � WORTH, TX ATTACHMENT A GENERAL SCOPE OF SERVICES ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT SERVICES FOR THE NORTH AND SOUTH HOLLY WATER TREATMENT PLANT UPGRADE PROJECT GENERAL SCOPE OF SERVICES SECTION 1-DESCRIPTION OF PROJECT, AGREEMENT AND SCHEDULE This Project consists of Construction Phase Construction Management services for the construction of the North and South Holly Water Treatment Plant Upgrade. Construction Management services will begin approximately April 1, 2010 and will run through the estimated 24- month duration of the upgrade. The work includes construction of the new central ozone generation building, ozone contactors at North and South Holly plants, South Holly plant filter modifications, and miscellaneous plant improvements. The design of the new water treatment plant has been performed by Freese and Nichols, Inc. (Design Consultant) and other consultants under a Project administered by the City of Fort Worth. This agreement describes the services to be provided by FNI. The scope of services required is presented as basic services and additional services. The basic services cover the elements required for the Project and are authorized by the execution of the contract. The additional services are the work elements that could be required and are identified in the contract but are not authorized until FNI is given additional written approval by the City. The project construction phase is expected to begin on April 1, 2010, with final completion expected by the end of March 2012. The estimate construction cost for the project is $35,000,000. SECTION 2 -BASIC SERVICES This section describes the services FNI will provide as basic services. 3.09- CONSTRUCTION PHASE SERVICES The construction phase services focus on assistance in bidding and construction management services for the Eagle Mountain Water Treatment Plant projects. Attachment A-1 T\FW\HOLLYWTPOZONE\CMCONTRACT ATTACH A 3.01 Assistance with Contractor Selection A. Respond to Division 1 related questions regarding the required sequences of construction, plant operations, construction contract provisions, and bidding requirements. Direct technical questions regarding the project to the Design Consultant. The Design Consultant will be responsible for distribution of bidding documents, plan holders lists, issuing addenda, recommending award of contracts, and conforming Contract Documents for execution. B. Attend the pre -bid conference for the construction projects and coordinate responses with City and Design Consultant. Response to the pre -bid conference will be in the form of addenda issued by the Design Consultant after the conference. Attend the tour of the project site during each conference. C. Assist the City in preparing evaluation of contractors' qualifications and recommend eligibility to bid for the project. Evaluate the qualifications information provided by the contractors. Determine if the applicants appear to have the necessary experience and qualifications to successfully construct the project on time. 3.02 Construction Contract Administration Provide full time on -site resident engineering and full time on -site resident representation services for the construction projects to observe the work in progress to determine if the completed work will comply with the contract documents, provide field administration of the construction contracts and determine that the quality control programs of the contractors are producing acceptable results. The on -site FNI staff will be as follows: •One (1) Resident Engineer working an average of 41.5 hours per week for a period of 24 months. • One (1) Resident Representative working an average of 44.6 hours per week for a period of 24 months. • One (1) Resident Representative, observing the South Holly Filters and Ozone Contactor, working an average of 44.6 hours per week for a period of 8 months. • One (1) Resident Representative, observing electrical (6 months) and instrumentation (2 months) installation and testing, working an average of 40 hours per week for a period of 8 months. • One (1) Field Clerk working and average of 24 hours per week for a period of 24 months. Attachment A-2 Tll'� W\HOLLY WTPOZONE\CMCONTRACT ATTACH A The on -site Resident Engineer will serve as project facilitator, coordinating the flow of information between the City and the Contractors. Resident Representatives will observe the work, participate in quality control testing, and maintain daily reports. Part time field clerical support will be provided. Part time electrical/instrumentation specialty inspections will be provided. On -site materials testing services will be provided as required. Engineer will report any observed deficiencies to the Owner; however, it is understood that Engineer does not guarantee the Contractor(s)' performance, nor is the Engineer responsible for supervision of the Contractor(s)' operation and employees. Engineer will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s), or the safety precautions and programs incident to the work of the Contractor(s). Engineer shall not be responsible for the acts or omissions of any person (except his own employees or agents) at the Project site or otherwise performing any of the work of the Project. It is agreed that the Engineer will be named as an additional insured entity for insurance policies provided by the Contractor(s) which name the City of Fort Worth. Typical services will include: A. Attend pre -construction conferences with the City and construction contractor(s)' key personnel. Establish communication procedures with the City and the Contractor(s). B. Submit monthly reports of construction progress. Reports will describe construction progress in general terms, and summarize project costs, cash flow, construction schedule, and pending and approved contract modifications. C. Maintain a document control system designed to track the processing of Contractor(s)' submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Process Contractor(s)' submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals for review in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the Contractor(s)' submittals to see that documentation is being processed in accordance with schedules. D. Review Contractor(s)' application for payment and recommend payment in accordance with the procedures in the construction contract documents. E. Monitor Contractor(s)' compliance with minimum wage rate requirements as required by the construction contract documents. Attachment A-3 T� W\HOLLY WTPOZONE\CMCONTRACT ATTACH A F. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents, including daily construction reports and tracking corrections of defective work. G. Provide full time and part-time on -site Resident Engineer and Resident Representative personnel as noted above. Provide documentation of observations made while at the site. Furnish on -site clerical support, required materials testing laboratory services, and part time specialty electrical representation for electrical, instrumentation, and SCADA observation. Other additional full or part time on -site observers are available on an as needed basis as an additional service. H. Meet monthly with the Contractors) to observe the progress of the work, monitor compliance with the schedules and requirements of the contract documents and help resolve any conflicts that may need attention. I. Assist in the transfer of and acceptance by the construction contractors) of any City -furnished equipment or materials. J. Establish and administer quality assurance procedures in accordance with the construction contract documents. Notify contractor(s) of non -conforming work observed. Coordinate special material tests and performance tests needed to determine conformance of the work with the contract documents. K. Review quality related documents provided by the Contractors) such as test reports, equipment installation reports or other documentation as required by the construction contract documents. Provide material testing services as required by the contract documents. L. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the Contractor(s) on behalf of the City to determine the cost and time impacts of these changes. Prepare change/field order documentation for approved changes for execution by the City. M. Routinely examine the Contractor(s)' as -built drawings to determine that information appears to be recorded in an accurate and timely manner by the Contractor(s) as required in the construction contract documents. The Design Consultant(s) will revise the original construction drawings in accordance with the information furnished by the construction contractor(s) to reflect changes made in the Project during construction. N. Assist in Project completion activities at the conclusion of construction. Observe completed construction for general conformance with the design concept and prepare a list of deficiencies to be corrected by the Contractor(s) before recommendation of final payment. Assist the City in obtaining legal Attachment A4 T\FW\I IOLLYWTPOZONE\CMCONTRACT ATTACH A releases, permits, warranties, spare parts, and keys from the Contractor(s). At completion of the Project and completion of the lists of deficiencies, the on - site Resident Engineer will leave the Project site. Resident Representative personnel will leave the Project site at the end of the durations noted above. O. Provide internal quality assurance and project management services. P. Provide claims management services. Assist the City with claims by the construction contractor(s) and subcontractors by endeavoring to identify areas of potential risk during design reviews, preparation of bid packages and as construction progresses. Attempt to resolve claims in accordance with the dispute resolution provisions of the contract documents. The analysis, negotiation and resolution of claims beyond the procedures in the contract documents, including any services related to mediation, arbitration, litigation or other forms of dispute resolution are an additional service. 3.03 Warranty Review Upon request of the City, make up to twenty-four (24) visits to the Project site to meet with the City's operations staff to review performance of the Project and review any deficiencies in the work covered by the construction contractor(s)' warranty. Notify the construction contractors) and City of required corrections and follow up with the Contractor(s) to see that corrections are made. Equipment failures and critical items will be addressed as soon as possible upon notification by the City. Review plant operations with the City during the final month of the warranty period to address potential warranty items. SECTION 3 -ADDITIONAL SERVICES Additional services are those services not included in the basic services which may be provided by Freese and Nichols if so authorized by the City of Fort Worth. A. Field layouts or the furnishing of construction line and grade. B. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. C. Investigations involving detailed consideration of operations, maintenance and overhead expenses, and the preparation of rate schedules, earnings, and expense statements, feasibility studies, appraisals, evaluations, assessment schedules and materials audits or inventories required for certification of force account construction performed by the Owner. D. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. Attachment A-5 T\FW\� IOLLY WTPOZONE\CMCONTRACT ATTACH A E. Providing shop, mill, or laboratory inspections of materials and equipment other than routine inspection of concrete and soils provided in Section 2 - Basic Services, paragraph 3.02 F. Preparing any required Operation and Maintenance Manuals or conducting operator training beyond Item 3.02 of Basic Services. G. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to Owner. H. Assisting the Owner with, preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal or administrative proceedings in the defense or prosecution of proceedings in connection with this project. I. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analysis, permitting assistance, and other assistance required to address environmental issues. J. Additional services that are required to comply with local, State or Federal regulations that become effective after the date of this agreement. K. Conducting pilot plant studies or tests. L. GIS mapping services or assistance with these services. M. Geotechnical investigations, studies, and reports. Attachment A-6 T\F1Y\I{OLLYWTPOZONE\CMCONTRACT ATTACH A ATTACHMENT B COMPENSATION AND PAYMENT SCHEDULE ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT SERVICES FOR THE FOR CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT SERVICES FOR THE NORTH AND SOUTH HOLLY WATER TREATMENT PLANT UPGRADE PROJECT COMPENSATION I. BASIC ENGINEERING SERVICES For engineering services provided under Attachment A, the City shall pay the Engineer on a Salary Cost Method, an amount not to exceed $1,894,760, according to paragraphs A, B and C below. The basis for this payment is shown in Table 134. A. Labor: The engineer shall be compensated for the services of his personnel on the basis of Salary Cost times 2.18 for the time such personnel are directly utilized on the work. Principal shall be compensated on the basis of flat rate of $200 per hour. Construction Manager shall be compensated on the basis of flat rate of $185 per hour and $190 per hour during the warranty period. Salary cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) plus unemployment, excise, and payroll taxes, and contributions for social security, employment compensation insurance, retirement benefits, and medical and other insurance benefits. The salaries of any personnel assigned are subject to reasonable modification by the Engineer throughout the terms of this Agreement; however, such modifications will not affect the upper limit of this Agreement. B. Resident Project Representatives: The Engineer shall be compensated for the services of the resident project representation at the following billing rates: Lead Plant Resident Representative - $85 per hour Part Term Plant Resident Representative - $95 per hour Attachment B-1 T\FW\HOLLYWTPOZON\CMCONTRACT ATTACH B ATTACHMENT B COMPENSATION AND PAYMENT SCHEDULE C. Other Incidental Direct Costs: The Engineer shall be compensated at his cost plus 10% for all costs other than salary costs that are incurred pursuant to this Agreement, but which are not normally included as part of the Engineer's overhead. These costs include, but are not limited to: air fare, automobile rental, mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing and reproduction costs, computers and word processors, postage and mailing costs, and other miscellaneous costs incurred specifically for this Project. D. Subconsultant Services: For all non M/WBE subconsultant services, the Engineer shall be compensated at his actual subconsultant cost plus 5%. For NLB Field Clerical and GAI Electrical M/WBE subconsultant services, the Engineer shall be compensated at his actual subconsultant cost plus 5%. For all other M/WBE subconsultant services, the Engineer shall be compensated at his actual subconsultant cost plus 10%. II ADDITIONAL SERVICES For Additional Services provided outside the scope defined in Attachment A, as approved by an amendment to this Agreement, the City will pay the Engineer for labor, other incidental direct costs, and subconsultants on the same basis as described in Paragraph I of this Attachment. Attachment B-2 T�FW�I�OLLYWTPOZONICMCONTRACT ATTACH B ATTACHMENT C CHANGES AND AMENDMENTS TO STANDARD AGREEMENT ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT SERVICES FOR THE NORTH AND SOUTH HOLLY WATER TREATMENT PLANT UPGRADE SUPPLEMENTAL OBLIGATIONS OF ENGINEER Amend the following sections of the City of Fort Worth, Texas Standard Agreement for Engineering Services: Article N - Oblations of the En i� Weer Delete Paragraph C Subsurface Investigations. Subsurface investigations are not included in this Scope of Services. Delete Paragraph D Engineering Drawings. Preparation of drawings for construction is not included in this Scope of Services. Delete Paragraph E- ENGINEER's Personnel at Construction Site. (2) and (3) Delete Paragraph F Opinions of Probable Construction Cost, Financial Considerations, and Schedules. Delete Paragraph G Construction Progress Payments. Delete Paragraph H Record Drawings. Preparation of record drawings will be done by others. Delete Paragraph N Asbestos or Hazardous Substances. Delete Paragraph O Permitting Authorities -Design Changes. Preparation of drawings for construction is not included in this Scope of Services. Attachment C-1 'I�FW\fIOLLYWTPOZONE\CMCONTRACT ATTACH C N o V -. of p Ov vl vt O �T N 00 IT O R %Z x 1 ' 1 41 F Fo ao �a 0 r O w O w O w F W F W F W _ in 0 ss v3 va ca fr3 v3 ca Ev 4,,q L VIVA _ h O W 0.i .M-4 h N w M M O M M 7 M 7 O M M .M. 9 U z 0 p°p�� d z V .aW a aF a W� �WO F-V w e o a � �oq rn F.'�• ��NW W W W W c� h W O y y EF A v3 .a J Q u O o a � 3 3 F Q us V NvUa: a o v M n = o o o 0o O 00 w� V"dl 0 69 f9 s9 O O ca � d w F o a w w W d V o p o= a U a w c F .. 1 ti • 9 w °' w �* z 9_ F F o 5 O E a ° n ' •u z .a _a o Fr �i A • ai !;ai - z wv' w0�tt;zozo Zt�7 t W v°3 �. A aA.. y _.a .n ci •t1 uw .0 ... :. O O R M O O O O M O O ~ N N9 F M M M M M M M M M O O O O M M O M M M. MSC Review Page 1 of 2 DATE: CODE: SUBJECT: COUNCIL ACTION: Approved on 1/26/2010 1 /26/2010 C ��'tci�i g€te of the C�i}, of %�ur� ��1%orh, T��ex,�s r�R7' �'�'CIRTfI 60N&S HOLLY OZONE PROJECT CM HEARING: NO Authorize the Execution of an Engineering Agreement in the Amount of $1,894,760.00 with Freese and Nichols, Inc., for the North and South Holly Water Treatment Plant Ozone Project —Construction Management (COUNCIL DISTRICT 9) REFERENCE NO.: C-24059 TYPE: NON - CONSENT LOG NAME: PUBLIC ECOMMENDATION: � � - � - - - tt is recommended that the City Council authorize the City Manager to execute an Engineerin Agreement with Freese and Nichols, Inc., in the amount of $1,894,760.00 for the North and South Holly Water Treatment Plant Ozone Project —Construction Management. DISCUSSION: On February 17, 2009, (M&C C-23356) the City Council authorized an Engineering Agreement (Agreement) with Freese and Nichols, Inc., (Freese and Nichols) for the design of the North and South Holly Water Treatment Plant Ozone Project. As part of this agreement, Freese and Nichols prepared ozone pre -selection contract documents. On August 18, 2009, (M&C C-23726) the City Council authorized an Agreement with Ozonic North America, LLC, for preparation of ozone equipment shop drawings required for final design of the North and South Holly Ozone Project. Ozonic North America, LLC, was selected as the ozone equipment supplier for this project based on their submittal of the lowest price bid. A request for proposals for construction management services for the North and South Holly Ozone Project was advertised in the Fort Worth Star -Telegram on September 3, 2009, and September 10 2009. Proposals were received from four engineering firms on October 2, 2009. Based on the recommendation of a consultant selection committee, Freese and Nichols was selected to perform the work. It is anticipated that construction on this project will begin in late spring 2010, with construction duration estimated to be two calendar years. Freese and Nichols is in compliance with the City's MM/BE Ordinance by committing to 20 percent M/WBE participation. The City's goal on this project is 17 percent. The North and South Holly Water Treatment Plants are located in COUNCIL DISTRICT 9. The Financial Management Services Director certifies that funds are available in the current ca ital budget, as appropriated, of the Water Capital Projects Fund. p TO Fund/Account/Centers FROM Fund/Account/Centers P265 531200 609530075785 Fernando Costa (6122) $1,894 760 On http://apps.cfwnet.org/council�acket/mc review.asp?ID=12903&councildate=l/26/2010 1 /77/'lnin