HomeMy WebLinkAboutContract 41540 (2)cITY SECRETARY
CITY OE FORT WORTI I TEXAS CON ACT c\sq 0
STANDARD AGREEMENT FOR ENGIN
=ERINC RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Freese and Nichols, Inc. , (the "I;NGINI FR"), for a PROJECT generally described as:
Environmental and Engineering Management Services for Former Riverside Wastewater
Treatment Plant Closure .
Article
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The I- NG INEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices 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, the ENGINEER may, after giving
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 1 o FFIC'AL RECORD
CITY SECRETARY
Ft WORTH, TX
7 days' written notice to CITY suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY'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 the 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.
Subsurface Investigations
(1) The 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. The 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 the ENGINEER
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PMO Official Release Date: 9.22.2010
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D Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
o n reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may
u se such drawings in any manner it desires; provided, however, that the
ENGINEER shall not be liable for the use of such drawings for any project other
than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the 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 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. The ENGINEER and its personnel have no authonty 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, the 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 anything in the Contract Documents or 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
the ENGINEER makes on -site observation(s) of a deviation from the Contract
Documents, the ENGINEER shall inform the CITY.
(3)
When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
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(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the 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 operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
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 the 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 the
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.
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. The 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. 15530, as amended, 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 accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a negligent
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misrepresentation) and/or the commission of fraud by the 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 five (5) 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 the
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 CITY
shall, until the expiration of five (5) 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 subcontract, 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.
(3)
ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any This
insurance shall apply as primary insurance with respect to any other
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PMO Official Release Date: 9.22.2010
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insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii ENGINEER waives all rights against the CITY and its agents,
officers directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of `any auto', including owned, hired and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional liability, a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
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PMO Official Release Date: 9.22.2010
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
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h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
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state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that 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, the 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, the CITY may
request the ENGINEER to assist 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 the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
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PMO Official Release Date: 9.22.2010
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changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
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 the ENGINEER as required for
the ENGINEER's performance of its services The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY s facilities as may be required in connection with
the ENGINEER's services. The CITY will be responsible for all acts of the
CITY'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 the ENGINEER's services or PROJECT construction.
D Timely Review
The CITY will examine the 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 prepared in accordance with Attachment D.
City of Fort Worth, Texas
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PMO Official Release Date: 9.22.2010
Page 9 of 15
Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The 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 ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV E regarding the ENGINEER's Personnel at Construction Site and
provisions providing contractor indemnification of the CITY and the 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 the 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 the
ENGINEER "
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 10 of 15
(3)
(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
I. CITY'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/Installation insurance 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 the ENGINEER for required or
requested assistance to support, prepare, document, bnng, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the 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 the 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.
Reuse of Project Documents
All designs, drawings specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth, Texas
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PMO Official Release Date: 9.22.2010
Page 11 of 15
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 the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The 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 the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
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 the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter
(2) If this AGREEMENT is terminated for the convenience of the City, the
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 electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the 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 the ENGINEERs personnel and subcontractors, and ENGINEER's
compensation will be made.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22,2010
Page 12 of 15
F. Indemnification
In accordance with Texas Local Government Code Section 271.904 the
ENGINEER shall indemnify, hold harmless and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall 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
u nderstandings 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 mean the CITY and the 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. 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,
o r unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
n ever been contained herein. Articles V F. VI B , VI.D., VI.F., VI.H., and VI.I..
shall survive termination of this AGREEMENT for any cause.
K. 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
e nactment. No plea of misunderstanding or ignorance thereof shall be
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 13 of 15
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 14 of 15
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 - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the
ATTEST:
Marty Hendrix
City Secretary
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APPROVED AS TO' - _ - L
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Assistant City Attorney I
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City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 15 of 15
QITY OF FORT WRTH
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APPROVAL RECOMMENDED
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By:.
S. Frank Crumb, P.E
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Director, Water Department
Freese and Nichols, Inc.
Barbara A. Nickerson
Vice President
•
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
DESIGN SERVICES FOR
ENVIRONMENTAL AND ENGINEERING MANAGEMENT SERVICES FOR FORMER RIVERSIDE WASTEWATER TREATMENT PLANT CLOSURE
CITY PROJECT NO.: WTR-2010-200051
ATTACHMENT A
Scone for Environmental and Enaineerina Manaaement Services for Former Riverside,
Wastewater Treatment Plant Closure
CITY PROJECT NO.: WTR-2010-200051
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Management Services for Removal of Sludge from Eight Digesters
Task 3. Prepare Ecological Risk Assessment and Revised Affected Property Assessment
Report
Task 4. Design and Management Services for Response Action in Sector 1 (Former Plant
Area) and Sector 2 (Former Lagoon Area)
TASK 1. DESIGN MANAGEMENT.
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
ENGINEER shall manage change,
• communicate effectively
• coordinate internally and externally as needed, and
• proactively address issues with the CITY's Project Manager and others as
necessary to make progress on the work
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 1 of 4
ATTACHMENT A
DESIGN SERVICES FOR
ENVIRONMENTAL AND ENGINEERING MANAGEMENT SERVICES FOR FORMER RIVERSIDE WASTEWATER TREATMENT PLANT CLOSURE
CITY PROJECT NO.: WTR-2010-200051
• Conduct review meetings with the CITY at the end of each design phase
• Prepare invoices and submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the Water
Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs ENGINEER shall work with regulatory
authorities to obtain approval of the designs and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub -consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• 36 MWBE reports will be prepared
• 12 meetings with city staff
• 36 monthly water department progress reports will be prepared
• 36 monthly project schedule updates will be prepared
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 2 of 4
ATTACHMENT A
DESIGN SERVICES FOR
ENVIRONMENTAL AND ENGINEERING MANAGEMENT SERVICES FOR FORMER RIVERSIDE WASTEWATER TREATMENT PLANT CLOSURE
CITY PROJECT NO.: WTR-2010-200051
TASK 2. Management Services for Removal of Sludge from Eight Digesters
1. Finalize plans and specifications for removal and disposal of sludge from remaining
eight digesters at the site.
2. Assist the City with obtaining bids from contractors.
3. Provide on -site representation services to the City during sludge removal and
disposal activities. Freese and Nichols representatives will be onsite for a maximum
of 120 working days during construction activities related to this task.
4. Collect wipe samples from concrete digester surfaces following removal of sludge
and cleaning of digesters. Samples will be analyzed for PCBs. An allowance of
$10,000 for laboratory costs is included in this contract modification to complete this
task.
5. Attend up to six meetings with the City to discuss project design requirements and
provide project updates.
Prepare a response action completion report (RACR) in the format required by Texas
Risk Reduction Program (TRRP) and submit to the TCEQ and USEPA for approval.
TASK 3. Prepare Ecological Risk Assessment and Revised Affected Property
Assessment Report
1. Prepare a Tier 2 Screening Level Ecological Risk Assessment for submittal to TCEQ
FNI will submit a draft version of the report to the City for review prior to finalizing the
document
2. Conduct additional sampling of soil, groundwater, surface water, sediments, or other
environmental media in Sectors 1 and 2 necessary to satisfy TCEQ/USEPA
requirements. An allowance of $38,000 labor and $156,000 for laboratory analysis is
included in this proposal to complete this task.
3. Prepare a revised APAR addressing TCEQ comments and incorporating results of
additional investigation efforts. FNI will submit a draft version of the report to the City
for review prior to finalizing the document.
4. Conduct quarterly groundwater sampling at all monitor wells at the site until
December 2010.
5. Prepare one update to Community Relations Plan for overall project.
6. Attend up to six meetings with the City to discuss project design requirements and
provide project updates.
TASK 4. Design and Management Services for Response Action in Sector 1 (Former
Plant Area) and Sector 2 (Former Lagoon Area)
1 Evaluate remedial alternatives for Sector 1 and Sector 2 of the project site. Develop
opinions of probable construction costs for feasible alternatives. Coordinate with
Trinity River Vision Authority (TRVA) and their stakeholders for issues related to the
Trinity River Vision Project Oxbow Project at Gateway Park.
2. Prepare a preliminary design of selected remedial alternative.
3. Conduct a topographic survey of the site to gather data necessary for project design.
4. Conduct a comprehensive asbestos survey of structures located in the former plant
area (Sector 1).
5. Prepare a response action plan (RAP) describing the selected remedial alternative in
the format required by the Texas Risk Reduction Program (TRRP) and submit to the
TCEQ for approval
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08,27.2010
Page 3 of 4
ATTACHMENT A
DESIGN SERVICES FOR
ENVIRONMENTAL AND ENGINEERING MANAGEMENT SERVICES FOR FORMER RIVERSIDE WASTEWATER TREATMENT PLANT CLOSURE
CITY PROJECT NO.: WTR-2010-200051
6. Prepare a Risk -Based PCB Cleanup Plan in accordance with 40 CFR 761.61(c) for
submittal to USEPA for approval.
7. Prepare cleanup plans and specifications for the selected remedial alternatives.
8. Assist the City with obtaining bids from contractors.
9. Prepare a drainage plan and storm water pollution prevention plan for remedial
construction activities on the site.
10. Provide on -site representation services to the City during sludge removal and
disposal activities Freese and Nichols representatives will be onsite for a maximum
of 120 working days during construction activities related to this task. Cleanup
phase services also include third -party oversight for any asbestos abatement
activities required.
11. Conduct confirmation sampling required for the site following completion of cleanup
activities. An allowance of $148,000 for laboratory costs is included in this contract
to complete this task.
12. Attend up to six meetings with the City to discuss project design requirements and
provide project updates.
13. Prepare a response action completion report (RACK) in the format required by TRRP
and submit to the TCEQ for approval.
14. Prepare certificate of completion documentation required by TCEQ including
boundary survey and institutional controls.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 4 of 4
ATTACHMENT B
COMPENSATION
Design Services for
Environmental and Engineering Management Services for Former Riverside Wastewater
Treatment Plant Closure
City Project No. WTR-2010-200051
Time and Materials with Multiplier Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non -labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by Direct Salaries
multiplied by a factor of 3.4.
Direct Salaries are the amount of wages or salaries paid ENGINEER's
employees for work directly performed on the PROJECT, exclusive of all payroll -
related taxes, payments, premiums, and benefits.
ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non -labor) include, but are not limited to, mileage, travel and
lodging expenses mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work, plus applicable sales, use, value
added, business transfer gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
iv. Budgets ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
B. The ENGINEER shall be paid monthly payments as described in Section II Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Water Department monthly progress reports and schedules in the format
required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 4
B-2
IV.
Summary of Total Project Fees
Firm
P rime Consultant
Freese and Nichols
ATTACHMENT B
COMPENSATION
Primary Responsibility
Environmental Services
P roposed M/WBE Sub -Consultants
Xenco Environmental
Labs
Magnacore Drilling
Gorondonna &
Associates
Benchmark
N on-M/WBE Consultants
Laboratory Analysis
Environmental Drilling
Surveying
Asbestos Consulting
Project Number & Name
City M/WBE Goal = 25%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 3 of 4
TOTAL
Total Fee
$2,012,340.00
Fee Amount cro
$1,501,758.00 74.63
$315,016.00 15.65
$75, 000.00
$70, 000.00
3.73
3.48
$50,566.00 2.51
$2,012,340 100%
M/WBE Fee
$510,582.00
Consultant Committed Goal = 25
•
M/WBE %
25.37% 1
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 4 of 4
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Environmental and Engineering Management Services for Former Riverside
Wastewater Treatment Plant Closure
City Project No. WTR-2010-200051
None
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page I of 1
Consulting Contract Schedule Specifications
City of Fort Worth Capital Improvement Program
FORT WORTH
Attachment D — Proiect Schedule
This PROTECT reauires a Tier 3 schedule as defined herein and in the Citu's Schedule Guidance
Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
Primavera (Version 6.1 or later or approved by CITY)
Primavera Contractor (Version 6.1 or later or approved by CITY)
Primavera SureTrak (Version 3.x or later or approved by CITY)
Microsoft Project (Version 2003/2007 or later or approved by CITY)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY s Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks, subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points, including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also mclude a concise schedule narrative that
highlights the following, if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
City of Fort Worth, Texas
Attachment D
PMO Release Date: 06.30,2009
Page 1 of 2
• Coordination issues the CITY should be aware of or can assist with,
• Other schedule -related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and mariner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth, Texas
Attachment D
PMO Release Date: 06.30.2009
Page 2 of 2
•
FREES
N
1
CHOLS
4055 International Plaza, Suite 200
Fort Worth, TX 76109 - 4895
Phone - (817) 735 - 7300
East First Street
Gateway Park
550 1,100
City of Fort Worth
Riverside Wastewater Treatement Plant Closure Project
Project Location Map
2,200
Feet
FTW94158C
FILE
roiect Location.mxd
DATE
November 2010
SCALE
1:9.600
DESIGNED
KMB
KFGIDRAFTED
E
ATTACHMENT
M&C Review
Page 1 of 2
CODE:
SUBJECT:
rift- -4 si
,E;1
COUNCIL ACTION: Approved on 2/15/2011
• as e .L..Y•L_
DATE: 2/15/2011 REFERENCE
NO.:
C TYPF:
C-24742
NON -
CONSENT
LOG NAME:
PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FoRT\%bRTI1 -emir
6ORIVERSI DE VVWTP
CONST MGMT FN
NO
Authorize a Contract with Freese and Nichols, Inc., in the Amount of $2,012,340.00 for
Services Related to the Cleanup of Riverside Wastewater Treatment Plant in Gateway
Park (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Freese
and Nichols, Inc., in the amount of $2,012,340.00 for professional services related to the evaluation
and cleanup of the former Riverside Wastewater Treatment Plant in Gateway Park.
DISCUSSION:
In June 2002, the City entered into the Texas Commission on Environmental Quality's (TCEQ)
Voluntary Cleanup Program (VCP) due to the polychlorinated biphenyls (PCBs) and heavy metals
found at the former Riverside Wastewater Treatment Plant (RVVWTP) site and the soccer/rugby fields
in Gateway Park.
On December 7, 2004, (M&C C-20430) the City Council authorized the execution of an agreement
with Freese and Nichols, Inc., to prepare a response action plan for the cleanup of soccer and rugby
fields in Gateway Park. Freese and Nichols, Inc., prepared the construction plans and specifications;
provided on -site representation during construction; and conducted follow-up laboratory sampling and
reporting activities in accordance with the TCEQ and U S. Environmental Protection Agency (EPA)
regulations. The soccer/rugby fields were reopened to the public in December 2006.
October 20, 2009, the City Council approved the settlement of the City's claim against the United
States Air Force for the environmental response costs at the former RVVVVTP.(M&C G-16739) The
settlement payment in the amount of $4,827,039.14 was received from the United States of America
in 2010. The Water Department is ready to proceed with the remaining phases of the cleanup project:
(1) Removal of PCB -contaminated sludge from eight digesters and demolition of structures in Sector
1 to accommodate the Trinity River Vision Oxbow Project at Gateway Park; and (2) cleanup of former
sludge lagoons in Sector 2.
The approval of the contract for in the amount of $2,012,340.00 will allow Freese and Nichols, Inc., to
provide the professional services to manage the remaining cleanup of the RVWVTP (Sector 1 and
Sector 2) which is estimated to cost $13,479,463.00. The scope of services will include three
phases:
Phase 1 - Cleanup Manaaement Services for Removal of Sludge from Eiaht Digesters
Freese and Nichols, Inc., will finalize cleanup plans and specifications for removal of sewage sludge
containing PCBs and heavy metals from eight digesters on site. Freese and Nichols, Inc., will assist
with bid -phase services and will provide resident representation during cleanup activities necessary
to remove the sludge from the digesters.
Phase 2 - Prepare Ecological Risk Assessment and Revised Affected Property Assessment Report
Freese and Nichols, Inc., will finalize a Tier 2 Screening -Level Ecological Risk Assessment to verify
that the site is not adversely impacting the West Fork of the Trinity River. Following completion of that
http://apps.cfwnet.org/council_packet/mc review.asp?ID 14625&councildate 2/15/2011 3/1/2011
M&C Review Page 2 of 2
study, Freese and Nichols, Inc. will perform additional site investigation activities including soil and
groundwater sampling necessary to prepare an updated Affected Property Assessment Report for the
site to submit to TCEQ.
Phase 3 Services — Design and Cleanup Manaaement Services for Response Action in Sector 1
(Former Plant Area) and Sector 2 (Former Laaoon Area)
Freese and Nichols, Inc. will complete design services necessary for removal of contaminated
sludge from the former sludge lagoons near the West Fork of the Trinity River. Additionally, Freese
and Nichols, Inc , will provide design services necessary to demolish some relic structures in Sector 1
to accommodate use of the site as a fill area for soils excavated to create additional flood plain valley
storage for the Tnnity River Vision Oxbow Project at Gateway Park. Freese and Nichols, Inc., will
assist with bid -phase services and will provide resident representation during cleanup activities in
these areas. Following completion of remedial construction activities, Freese and Nichols, Inc., will
prepare response action completion reports and documentation necessary to obtain certificates of
completion from the TCEQ Voluntary Cleanup Program.
Freese & Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 25
percent M/WBE participation. The City's goal on this project is 25 percent.
The project is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Water and Sewer Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 245100 000000 $2.012.340.00
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact Richard Talley (8203)
ATTACHMENTS
60RIVERSIDE VVV TP CONST MGMT FN MAP.pdf
October 2010 Former Riverside VWVTP Closure Contract Pr000sal.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=14625&councildate=2/15/2011 3/1/2011
4055 International Plaza, Suite 200 O Fort Worth, Texas 76109 0 817-735-7300 ® fax 817-735-7491 O www.freese.com
October 4, 2010
Mr. Richard Talley
Regulatory/Environmental Coordinator
Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, Texas 76102
RE: Proposal for Continuance of Environmental and Engineering Management Consulting
Services for the Former Riverside Wastewater Treatment Plant Closure
Dear Mr. Talley:
Freese and Nichols, Inc. is pleased to present this proposal for continued environmental and
engineering management support for the completion of Phase 2 for the former Riverside
Wastewater Treatment Plant Closure Project. Phase 2 includes the cleanup of the PCB
contaminated sludge in the digesters and lagoons and the demolition of relic structures for the
Trinity River Vision Oxbow Project at Gateway Park. The completion of Phase 2 of this project
is necessary to meet State and Federal regulatory requirements. In addition to meeting regulatory
requirements, other components of Phase 2 include completing the Ecological Risk Assessment
and Affected Property Assessment Report required by the Texas Commission on Environmental
Quality (TCEQ), the Risk -Based PCB Disposal Plan required by U.S. Environmental Protection
Agency (USEPA), and assisting the City in the certificate of completion documentation for
closure of the Voluntary Cleanup Program required by TCEQ. We propose to furnish the
following scope of services to complete this effort.
Task 1— Management Services for Removal of Sludge from Eight Digesters
1. Finalize plans and specifications for removal and disposal of sludge from remaining eight
digesters at the site.
2. Assist the City with obtaining bids from contractors.
3. Provide on -site representation services to the City during sludge removal and disposal
activities. Freese and Nichols representatives will be onsite for a maximum of 120
working days during construction activities related to this task.
4. Collect wipe samples from concrete digester surfaces following removal of sludge and
cleaning of digesters. Samples will be analyzed for PCBs. An allowance of $10,000 for
laboratory costs is included in this contract modification to complete this task.
5. Attend up to six meetings with the City to discuss project design requirements and
provide project updates.
6. Prepare a response action completion report (RACR) in the format required by Texas
Risk Reduction Program (TRRP) and submit to the TCEQ and USEPA for approval.
Mr. Richard Talley
October 4, 2010
Page 3 of 3
12. Attend up to six meetings with the City to discuss project design requirements and
provide project updates.
13. Prepare a response action completion report (RACK) in the format required by TRRP and
submit to the TCEQ for approval.
14. Prepare certificate of completion documentation required by TCEQ including boundary
survey and institutional controls.
We anticipate that the work for this project will be completed in June 2013. A budget for each
task is also included for your information.
Task
Task 1
Task 2
Task 3
Description
Construction Management Services for Removal of Sludge from
Eight Digesters
Prepare Ecological Risk Assessment and Revised Affected
Property Assessment Report
Task 3 — Design and Construction Management Services for
Response Action in Sector 1 (Former Plant Area) and Sector 2
(Former Lagoon Area)
Total
Proposed Fee
$350,106
$621,302
$1, 040, 933
$2,012,340
Total FN Labor $1,327,076
Total F1 'E-x�.le�e�4.se
otQL 'aI
Ili %iM'c_ Csldit
Total DBE Expense $510,582
Total DBE % 25.37%
DBE Tasks
Lab - Xenco Environmental Labs
Drilling - Magnacore
Surveying is Brad Gorondonna & Assoc.
Licensed Asbestos Consultant - Benchmark
$315,016
$75,000
$70,000
$50, 566
If you have any questions on the scope or budget, please feel free to contact me at 817-735-7273.
Sincerely,
Freese and Nichols, Inc.
z"\j, ‘VAUL-64-6€b3
Barbara A. Nickerson
Vice President
[FI'W94158C]T:\Project Mgmt\Let-Talley- October 2010 Former Riverside WWTP Closure Contract.docx
FREESE AND NICHOLS, INC. PROPOSED COSTS
FORMER RIVERSIDE WWTP CLOSURE PROJECT
TASK 1 - ENGINEERING SERVICES FOR REMOVAL AND DISPOSAL OF SLUDGE FROM REMAINING DIGESTERS
$69.83 j 849.11,
BAN RWC,
Tasks PM I APM
1. Project Management 16
2. Completion of Construction Plans & Specifications for
Cleanout of Remaining Digesters. 8 24
3. Bid -Phase Services 24
4. Coordination with Contractor 40
5. On -Site Representation During Digester Cleanout 40
6. Digester Concrete Sample Collection
7. Coordination with USEPA/TCEQ 8 24
8. Meetings with City (6) 24 24
9. Preparation of Response Action Completion Report. 8 40
Totals,
Miscellaneous Expense Cost
Phone, Fax, FedEx
PC Computer
Printing
Travel
Per Diem
Laboratrory Costs - Wipe Testing
Equipment Costs
FN Hourly Rates
$35.02$30.42 $47.67 $58.66' 138.51 $44.16 $36.32 $36.00 J_ $19.38 -
KMB BME DAB' LER RUR CPJ PDK' DMH
ESIV GIS Eno V ENG VI WANW I CS CS CAD l WP
160
80
40
80
16
60
40
40
40
24
40
80 16
24
40 160 40 960
40
40
Multiplier
3.4
Total Labor Cost
$3,798.75
$41,225.82
$14,080.35
$13,148.48
$185,680.80
$9,525.44
$10,669.47
$13,587.22
$22,394.30
64 [ 216 360 16 204 80 1 240 ) 80 j 960 40 ! 40 I 0 $314,110.63
Unit Unit Cost
Lump Sum $100.00
Per Hour $8.00
Lump Sum $5,000.00
Lump Sum $500.000
Per Day $30.000
Lump Sum $10,000.000
Lump Sum $5,000.000
No.
1
1000
1
1
90
1
1
Expense Subtotal
Markup
Total Expenses
Total
$100.00
$8,000.00
$5,000.00
$500.00
$2,700.00
5,000.00
$31,300.00
1.15
$35,995.00
Total Cost $350,105.63
10/1/2010
Tasks
1. Project Management
2. Remedial Alternative Evaluation
3. Preliminary Design/Preparation of Response Action Plan
4. Preparation of USEPA Risk -Based Disposal Plan
4. Preparation of Construction Plans & Specifications
5. Bid -Phase Services
6. Preparation of Drainage Plan & SWP3
7. Coordination with Contractor
8. Construction Representation for 6 months.
9. Confirmation Sampling
10. Meetings with City (6)
11. Quality ControVQuality Assurance Reviews
12. Preparation of Response Action Completion Report
13. Prepare certificate of completion documentation.
FREESE AND NICHOLS, INC. PROPOSED COSTS
FORMER RIVERSIDE WWTP CLOSURE PROJECT
TASK 3 - RESPONSE ACTION FOR SECTOR 2
$69.83
BAN
GM
48
40
8
8
16
2
4
16
24
16
16
4
$49.11
RWC
ESVI
200
80
40
40
40
4
16
40
40
24
16
40
16
$35.02
KMG
ESIII
$21.65
KFG
ESII
FN Hourly Rates
$30.42 47.57
BME J DAB
GIS I ENGV
$44.16
CPJ
CS
$36.32 $35.00
PDK
CS CAD
100 200 16
160 16 100 40
80 16 40 40
400 16 400
40 40 60
40 80 40
24 40 40
160 100 40 960
120 120
24 24 24
80 160
80 80
16
24
40
$19.38
DMH
WP
8
8
60
8
Multiplier
3.4
Total Labor Cost
$11,396.26
$89,121.89
$57,423.96
$31,515.28
$128,702.24
$26,563.52
$23,604.50
$18,448.26
$170,256.63
$29,800.32
$19,408.56
$10,352.05
$38,722.74
$19,035.51
i
Totals' 202 1 596
844 I 360
48 1 1032 I 120 1 1116 1 560 I 84 I 0 1 $674,351.72
1
Miscellaneous Expense Cost
Phone, Fax, FedEx
PC Computer
Printing
Travel
Per Diem
Pastor, Behling, & Wheeler (EECA, CRP)
Surveyor
Licensed Asbestos Consultant
Environmental Drilling
Laboratory Costs
Equipment Costs
I Unit I
Lump Sum
Per Hour
Lump Sum
Lum .Sum
Per Day
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Unit Cost
$300.00
$8.00
$5,000.00
$1,000.000
$30.000
$25,000.000
$20,000.00
$50,000.00
$25,000.00
$148,300.00
$5,000.000
Total
$300.00
$8,000.00
$5,000.00
$1,000.00
$600.00
$25,000.00
r $50,000.00
$50,566.15
$25,000.00
I $148,300.00
$5,000.00
Expense Subtotal $318,766.16
Markup 1.15
Total Expenses $366,581.07
No.
1
1000
1
1
20
1
1
1
1
1
1
Total Cost $1,040,932.79
10/1/2010
SOLIDS
FREESE AND NICHOLS' PROPOSED BUDGET
TASK 5 - SECTOR 2 RAP
ANTICIPATED LABORATORY COSTS
Sample Pickup -- $30.00 60 $1,800.00
PCBs 8082 $94.00 1000 $94,000.00
Total RCRA Metals 1 6010 et al $105.00 500 $52,500.00
$148,300.00
Total Laboratory Cost (w/markup) $148,300.00
10/1/2010
•
•
•- 4
nd
Gateway Park Boundary
Affected Property Sectors (Acreage of Sector)
FREES
°N
E
ICHOLS
4055 International Plaza, Suite 200
Fort Worth, TX 76109 - 4895
Phone - (817) 735 - 7300
East First Street
ver_sid
Gateway Park
700 1,400
City of Fort Worth
Riverside Wastewater Treatement Plant Closure Project
On-SiteProperty Map
ie
FN JOB NO
FILE
Subject Propertv.mxd
DATE
SCALE
DESIGNED
DRAFTED
FTW94158C
Dec 2010
1:12 000
KMB
KFG
2,800
Feet
1
FIGURE