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HomeMy WebLinkAboutContract 18936 a STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT / Y THIS AGREEMENT is made and entered by" tiY"b`Gwn` i of Fort Worth, Texas, a municipal corporation situated in Tarrant County, Texas, hereinafter called the "City" , acting herein by and through David Ivory, its duly authorized Manager, and an independent contractor, Yandell & Hiller, Inc. , hereinafter called the "Architect/Engineer" . W I T N E S S E T H That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as follows: SECTION I - SERVICES OF THE ARCHITECT/ENGINEER: The City hereby contracts with Architect/Engineer as an independent contractor, and the Architect/Engineer hereby agrees to perform, within the highest professional standards normally accepted in the State of Texas, the professional services set out herein in connection with the following described Project: Design and contract document preparation and assistance during bidding and construction for a new Centralized Water and Wastewater Laboratory Facility at the City's Rolling Hills Water Treatment Plant. See Exhibits A, B and C for detailed description of services, hereinafter referred to as the "Assignment" . SECTION II - CHARACTER AND EXTENT OF ARCHITECT/ENGINEER'S SERVICES 2. 1 The services provided by the Architect/Engineer include, but are not limited to, the scope of services listed in Exhibit A attached hereto, incorporated herein and made a part hereof for all intents and purposes. Architect/Engineer shall consult with City to clarify and define City's requirements relative to the Project and review available data. Architect/Engineer shall meet with City Building Officials at each phase of Design to review plans and code criteria compliance. Architect/Engineer agrees to commit the personnel to this project as generally shown in the organizational chart in Exhibit B. The Architect/Engineer shall advise City as to the necessity of City's providing or obtaining from others special services and data required in connection with the Project at City's cost and expense (which services and data Architect/Engineer is not to provide hereunder but on which Architect/Engineer may rely in performing services hereunder) , and act ao City's representative in L Page 1 AA t.. c connection with any such services of others. Special Services which may be required are listed in Exhibit C. It is understood that this Agreement contemplates the full and complete architectural and engineering services for the Project including any and all changes necessary to complete the Project as outlined in the Scope of Services. Nothing contained herein shall be construed as authorizing additional fees for services to complete the plans and specifications necessary for the successful completion of the project. The Architect/Engineer acknowledges by the execution of this Agreement that all contingencies known to the Architect/Engineer and City at the date of this Agreement as may be deemed necessary and proper to complete the Assignment have been included in the base fee estimate. Architect/Engineer agrees that schematic design, design development and contract document preparation will be managed and performed in their Fort Worth Office, except work done by subconsultants. The Architect/Engineer shall prepare the Project design to comply with the "Americans With Disabilities Act of 1990. " SECTION III - SPECIAL SERVICES OF ARCHITECT/ENGINEER: 3 . 1 Services Requiring Authorization in Advance. If authorized in writing by City, Architect/Engineer shall furnish or obtain from others Special Services of the types listed in Exhibit C. These services are not included as part of Basic Services as outlined in SECTION II - CHARACTER AND EXTENT OF ARCHITECT/ENGINEER'S SERVICES. These Special Services will be paid for by City as indicated in Section V. SECTION IV - CITY RESPONSIBILITIES Provide all criteria and full information as to City's requirements and designate a person with authority to act on City's behalf on all matters concerning the Assignment. Assist Architect/Engineer all in obtaining existing studies, reports and other available data and services of others pertinent to the Project and in obtaining additional reports and data as required. Upon reasonable notice arrange for access to and make all provisions for Architect/Engineer to enter upon public and private property as may be required for Architect/Engineer to perform services hereunder. Designate in writing qualified persons who will act as City' s representatives with respect to the Assignment for the purposes of transmitting instructions, receiving information, Page 2 interpreting and defining City's policies and decisions with respect to Architect/Engineer's services. Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. Upon reasonable notice provide labor and safety equipment to open and protect manholes and/or to operate valves and hydrants as required by the Architect/Engineer. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Architect/Engineer, obtain advice of an attorney, insurance counselor and other consultants as it deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Architect/Engineer. Prepare easements and right-of-way acquisition conveyance documents, contact owners, negotiate for or condemn all easements and right-of-way, pay all filing and legal fees associated therewith. File all approved plats with Tarrant County and pay all associated fees. Provide such legal, accounting, insurance and other counseling services to City as may be required for the project. Place Advertisement for Bids in local newspaper and pay all associated costs. Bear all costs incident to compliance with this Section. SECTION V - COMPENSATION TO ARCHITECT/ENGINEER The total compensation for all of the services to be performed by Architect/Engineer as described in Section II - CHARACTER AND EXTENT of ARCHITECT/ENGINEER'S SERVICES hereof shall not exceed $236,933 . 00 for the Basic Services defined in Section II. Estimation of unit costs are shown in Exhibit D. Engineer shall be compensated on the basis of salary cost times a multiplier of 2.5. Salary cost is defined as the salary payments to engineers, technicians, clerical and other personnel for time directly chargeable to the project, plus Social Security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, holiday pay and other fringe benefits. Page 3 Actual out-of-pocket expenses that are incurred during the progress of the work at Engineer's cost plus 10 percent. The actual out-of-pocket expenses are limited to: air fare, automobile rental, mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing and reproduction costs, computer operating costs, and other miscellaneous costs incurred specifically for this project, documentation to be provided upon request by City. For work actually performed by subconsultants, at the actual cost to the Engineer of such services plus 15 percent, documentation to be provided upon request by City. The City and the Architect/Engineer shall agree on the Scope and Compensation for the performance of Special Services prior to the commencement of such Special Services. For Special Services performed under Section III the Architect/Engineer will be compensated at the same rates and methods as outlined in this Section V. SECTION VI - METHOD OF PAYMENT The Architect/Engineer shall be paid monthly on the basis of statements prepared from the books and records of account of the Architect/Engineer, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Architect/Engineer. Payment according to statements will be subject to certification by the Director of the Water Department or his duly authorized representative that such work has been performed. SECTION VII - SCHEDULE OF ARCHITECT/ENGINEERING SERVICES The Architect/Engineer shall initiate work prescribed hereunder immediately upon the execution of this Agreement and upon issuance by City of a Notice to Proceed. In recognition of the City' s desire to have the facilities complete in an expeditious manner, the Architect/Engineer agrees to have the major documents complete according to the following schedule: Completion Days Item Following NTP Schematic Design 49 calendar days Design Development 42 calendar days Pre-Final Design 70 calendar days Final Design 28 calendar days Architect/Engineer shall provide a suitable barchart schedule including all subtasks listed in Exhibit A anc3'�h4ll update the schedule monthly and submit this schedule with pay requests.. Page 4 J 1 SECTION VIII - TERMINATION: The City may terminate this contract at any time and for any cause by notice in writing to the Architect/Engineer. Upon Receipt of such notice, the Architect/Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities and materials in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. If the City terminates this contract under the foregoing paragraph, the City shall pay the Architect/Engineer for services performed in accordance herewith prior to such termination, less such payments having been previously made. Such payment shall be based upon the work completed up to the date of termination of the contract in accordance with the method of compensation prescribed in Sections V and VI hereof. Architect/Engineer shall also be compensated for all termination related expenses such as meeting attendance, document reproduction, transfer of records, etc. Upon termination of this contract, the Architect/Engineer shall provide the City reproducible copies of all completed or partially completed documents prepared under this contract. However, the City agrees not to reassign any right, title or interest in the plans and specifications to a third party without the express and written consent of Architect/Engineer. Should the City elect to terminate the services of Architect/Engineer prior to the end of the construction phase, it agrees to indemnify Architect/Engineer and hold it harmless against liabilities and costs, including costs of defense, arising out of the modification, misinterpretation, or misuse of plans and specifications of Architect/Engineer. SECTION IX - INDEMNITY AND INSURANCE Approval by the City of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of the Architect/Engineer, its officers, agents, employees and subcontractors, for the accuracy and competency of the services performed under this Agreement, including but not limited to surveys, location of subsurface investigations, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any negligent act, error or omission in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications and other engineering documents by the Architect/Engineer, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by Page 5 the City signifies the City's approval of only the general design concept of the improvements to be constructed. In this connection the Architect/Engineer shall indemnify and hold the City and all its officers, agents, servants and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to all person, including but not limited to officers, agents, or employees of the Architect/Engineer or Subcontractors, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error or omission in the performance of the Architect/Engineer's professional services or in the conduct or preparation of subsurface investigations, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; the Architect/Engineer shall defend at its own expense any suits or other proceedings brought against the City, its officers, agents, servants and employees, or any of them on account thereof; and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection therewith; provided and except, however, that this indemnification provision shall not be construed as requiring the Architect/Engineer to indemnify or hold the City or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to person caused by defects or deficiencies in design criteria and information furnished Architect/Engineer by City, of any deviation in construction from Architect/Engineer's designs, working drawings, specifications or other engineering documents. Without limiting the above indemnity, Architect/Engineer shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City covering all risks relating to the services to be performed under this contract, by the Architect/Engineer, its subcontractors and consultants, such insurance to be in at least the following amounts: Bodily Injury Liability $250, 000 Each Person $500, 000 Each Occurrence Property Damage Liability $300, 000 Each Occurrence Contractual Bodily Injury $250, 000 Each Person Liability $500, 000 Each Occurrence Contractual Property Damage $300, 000 Each Occurrence Statutory workers compensation and employers liability insurance. Professional Liability $1, 000, 000 Page 6 f I 1 f Insurance, including Contractually Assumed Liability to the extent available to the Architect/Engineer from commercial sources. Architect/Engineer shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall contain a provision that such insurance cannot be cancelled, without 30 days prior written notice to City. SECTION X - COST CONTROL: Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by Architect/Engineer hereunder will be made on the basis of Architect/Engineer's experienced and qualifications and represent Architect/Engineer's best judgment as an experienced and qualified design professional. It is recognized, however, that Architect/Engineer does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their process, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the report must of necessity be speculative. Accordingly, Architect/Engineer does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by Architect/Engineer to City hereunder. SECTION XI - RIGHT TO AUDIT: Architect/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 any directly pertinent books, documents, papers and records of the Architect/Engineer involving transactions relating to this contract. Architect/Engineer agrees that the City shall have access during normal working hours to all necessary Architect/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 Architect/Engineer reasonable advance notice of intended audits. Architect/Engineer further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order Page 7 to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. SECTION XII - SUCCESSORS AND ASSIGNS: The City and the Architect/Engineer each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this contract. SECTION XIII - ASSIGNMENT: Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XIV - INDEPENDENT CONTRACTOR: Architect/Engineer shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Architect/Engineer shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Architect/Engineer, its officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between the City and the Architect/Engineer. SECTION XV - DBE GOALS: The- Architect/Engineer acknowledges his commitment to meet the City of Fort Worth's goals for disadvantaged business enterprise (DBE) participation in City contracts. DBE participation was part of the evaluation criteria used in the award of this contract; therefore, failure to comply may result in a bidder being classified as an irresponsible consultant and being barred from City work for a period of not less than six months. The Architect/Engineer agrees to furnish documentation of DBE participation such as cancelled checks, etc. , or such evidence as may be deemed proper by the City of Fort Worth. SECTION XVI - VENUE: Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in its name and on its behalf, Page 8 by its City Manger and attested by its City Secretary, with the Corporate Seal affixed; and the Architect/Engineer has also properly executed this instrument in triplicate copies, each of which is deemed an original. EXECUTEDJP TH� CITY OF FORT WORTH, TEXAS, THIS day of A.D. , 1992 . By: , : c �g%�� By: Mike Groomer 140-14LICity Secretary Assistant City Manager By: Yandell & Hiller, Inc. Date A?�w /��Zwo ze1w Merlin Hampton Vice President APPROVVRihard ENDED: ATTEST: By: By. W. Sawey, Water Director APPRO D AS F FORM AND LEGALITY: z�/g - Wade A ns Contract ors City Attorney -- — Date Page 9 EXHIBIT A SCOPE OF SERVICES A. DESIGN PHASE SCOPE OF BASIC SERVICES: 1. Provide complete Design and Construction Documents, including architecture, engineering, cost estimates, assistance during bidding, post-bid analysis and basic construction administration service for a new Centralized Water and Wastewater Laboratory Facility at the Rolling Hills Water Treatment Plant. The new facility will consist of the following: a. Approximately 16, 000 sq. feet of new construction on the existing Rolling Hills campus. This includes required laboratory areas and support facilities with approximate net usable square footage as follows: Laboratory Areas 6, 846 Sampling 312 Shipping/Receiving 498 Laboratory Support 1,839 Computer/Data Support 276 Reception 224 Office Areas 2, 800 Conference 335 Storage 512 Circulation/Expansion 2 , 358 TOTAL 16, 000 b. All built-in laboratory equipment will be provided including hoods and built-in lab casework. C. Appropriate building systems will be incorporated to support required building environments and technical considerations. This includes electrical, communications, lighting, fire alarm, HVAC, plumbing, gases and other built-ins. d. Complete Sitework will be incorporated including utility connections, surface parking as required, exterior lighting, and landscaping in keeping with the Xeriscape EXHIBIT A - 1 environment already established at the site. e. The new laboratory facility will be designed to accommodate future growth, both from within and by other campus facilities. f. Interior design services for office furniture will be included. g. Yandell & Hiller will assist Fort Worth Water Department in preparation of documents for the following potential pre- purchased equipment items: O GC Mass Spectrometers O Lab Hoods O Environmental Chamber O Walk-in Refrigerators h. Yandell & Hiller will provide services in preparation of a separate Bid Package for Laboratory Casework and office furnishing systems should this be determined necessary. i. Yandell & Hiller will provide a site topographic survey to include improvements, spot elevations and contours at one foot increments. 2 . Work not included as Basic Services. a. Extensive Programming and other Predesign Services. b. Full Time Construction Period Services. C. Boundary Surveys or Plats. d. Geotechnical Services. e. Renderings or Models. f. Interior Signage Design. B. DESIGN SCOPE PHASING: Yandell & Hiller will provide architectural and engineering services required to design and construct the new Centralized Water and Wastewater Laboratory Facility. We will coordinate all work in sequential phases with Fort EXHIBIT A - 2 Worth Water Department, our consultants, and other agencies having pertinent relationships to the project in accordance with the Scope of Work. Preparation of the Documents will be accomplished in phases of design as outlined below. We will not proceed with the next stage of design until approval has been received in writing from the Water Department. After the design has been approved by the Water Department, changes directed by the Water Department to these approved designs will be at additional cost. 1. PHASE: Schematic Design (20%) a. Objective: To insure that the functional requirements, including circulation and proximity relationships - on site and in facilities - are appropriately addressed and solved in Schematic Design. b. Work Elements: (1) Data Gathering ■ Distribute copies of program elements and other pertinent data to all disciplines of the design team for their review and familiarization. ■ Obtain Site Survey establishing all boundaries, utilities, easements and grades from Fort Worth Water Department. ■ Obtain As-Builts of existing structures on site from Fort Worth Water Department to gain knowledge of existing structures and relative site and utility information. EXHIBIT A - 3 ■ Perform preliminary Codes and Regulations Research. (2) Alternative Design Schemes (Sketches) ■ Develop circulation patterns for vehicles, materials and personnel which will provide the most efficient, cost effective and safest operation on site and inside the facility. ■ Develop site ingress/egress routes which will maximize safety and efficiency and minimize vehicular and pedestrian conflict on site and entering/exiting the facility. ■ Establish functional area relationships between departments, and between work stations within departments. ■ Design areas in accordance with the programmed areas. ■ Establish the three- dimensional massing assuming basic materials and construction systems which will be studied along with energy conservation considerations in the next phase of design. Keep the new facility' s appearance within the existing campus context. ■ Preliminary conferences with Code officials and utility companies regarding options in the various alternative designs investigated. EXHIBIT A - 4 ■ Participate in design sessions with Fort Worth Water Department project personnel, the design team and consultants to review the developed alternatives. Selected alternatives will be refined in accordance with session discussions and will result in a selected Conceptual Plan. (3) Presentation of Conceptual Plan ■ Prepare drawings to scale: Site Plan, Floor Plans and Exterior Elevations (include 1/8" = 1'-0" Building Sections if needed to clarify design) . ■ Ten copies of materials will be furnished to the Water Department. ■ Discussion of relative merits of each design option. ■ Update project budget estimates. ■ Update design and construction schedule. ■ Coordinate geotechnical services with City' s consultant. ■ List of information required and decisions which must be made to continue design. C. Deliverables: (1) 10 sets of drawings. (2) Budget estimate. (3) Brief narrative. EXHIBIT A - 5 (4) Updated design and construction schedule. 2 . PHASE: Design Development (50%) a. objective: To insure that all site elements and all building and equipment systems and components are selected to provide functional efficiency, proper and acceptable - though not ostentatious - image and operational integrity within the budget limits of the project. b. Work Elements: (1) Detail Site Plans (will be used in next design phase) ■ Layout Site Plan: Showing structures, vehicular traffic patterns, parking patterns and site improvements. ■ Grading Plan: Showing topo, drainage, spot grades and finished floor elevations. ■ Utilities Plan: Showing all utilities including outdoor electrical. ■ Landscape Plan: Preliminary design layout of Xeriscape. (2) Building Layout Plans (will be used in next design phase) ■ Architectural Floor Plans : Generally drawn at 1/8" = 1 '-0" scale. ■ Architectural Building Sections: Drawn at 1/8" = 1 ' -0" scale. Establish floor elevations and equipment/operations clearance from structure and building systems. ■ Structural Foundations and Framing Plans: Drawn to scale: 1/8" = 1 ' - 011 . EXHIBIT A - 6 ■ Preliminary HVAC Layouts: Single- line duct drawings to scale: 1/8" = 1'-011 . Coordinate with Equipment Layout Plans. ■ Preliminary Plumbing Plans: Drawn to scale: 1/8" = 110" . Coordinate with Equipment Layout. ■ Preliminary Lighting Plans: Drawn to scale: 1/8" = 110" . Coordinate task lighting with Equipment Layout. ■ Preliminary Power Plans: Drawn to scale: 1/8" = 11011 . Coordinate with Equipment Layout. ■ Outline Specifications: CSI format. ■ Fort Worth Water Department will provide the front end of the specifications: Invitation to Bid, Bid Form and related documents, Conditions of the Contract, Supplementary General Conditions and Division 1 of the specifications with limited AE participation. (3) Work Activities ■ Review architectural/engineering design in regard to operational/equipment requirements. ■ Prepare a cost estimate including fixed equipment costs. ■ Review and update design and construction schedules. ■ Participate with Fort Worth Water Department in a Constructability Review. (4) In-House Ouality Control Check ■ Perform Yandell & Hiller's Quality Control Check of Design Development EXHIBIT A - 7 Submittal while the detailed estimate is being prepared. ■ Print Design Development Documents and forward two copies to "Plans Review Section" of the Building Inspection Department. ■ Schedule conference with city building officials and revise plans in accordance with officials' review comments. C. Deliverables ■ Drawings as previously noted and preliminary design of major equipment and locations. ■ Listing of approved manufacturers of major equipment. ■ Outline specification. ■ Updated cost estimate. ■ Project design and construction schedule. ■ Ten copies of material will be furnished to the Water Department for the Design Development Review. 3 . PHASE: Construction Documents (Prefinal 85%; Final 100%) a. Objective: To record the project in sufficient drawing detail and specifications for Contractor's use in preparing bids and construction of the work. b. Work Elements: (1) Site work (Drawings) ■ Complete the Site Layout Plan, Grading, Utilities, Exterior Electrical and Landscape Plans. ■ Develop all site-related data and details. EXHIBIT A - 8 (2) Building Work (Drawings) ■ Complete all disciplines design documents, schedules, diagrams, details and equipment selections. ■ Provide all needed details and related data for all disciplines' plans: Reflected ceilings, roof plan, ceiling and roof details, wall sections, plan sections, door and windows schedule and details, finish schedules, interior elevations, foundation details, framing details, riser diagrams, mechanical and electrical schedules and details, etc. ■ Provide Equipment Layout drawings with legend and schedules. (3) Specifications Work ■ Fort Worth Water Department will provide the "Front-End" and Division 1 of the specifications. ■ Yandell & Hiller, Inc. will provide technical specifications required in Divisions 2 through 16 for the project in CSI format. (4) Documents Update ■ Prepare Final Cost Estimates. ■ Update Project Schedule. (5) Quality Control Check ■ Perform Yandell & Hiller' s In-House Quality Control Check of Construction Documents Submittal while Final Estimate and Project Schedule are being updated. Fill out all Y&H Quality Control Program file documents for the project and forward them to the project manager for distribution and filing. EXHIBIT A - 9 ■ Participate with Fort Worth Water Department in a complete project constructability review. (6) Completion of Construction Documents Phase ■ Properly seal and sign all documents. ■ Print two copies and forward to City of Fort Worth' s "Plans Review Section. " Confer with the "Plans Review Section" for any changes that must be made. ■ Print the documents and deliver to Fort Worth Water Department for review and approval or directed changes. ■ Receive authorization from Fort Worth Water Department to issue the project for bids. C. Deliverables (1) Prefinal: ■ 10 Sets of all documents for Fort Worth Water Department review. ■ Draft Specifications. ■ Updated Cost Estimate. (2) Final: Upon Authorization of Fort Worth Water Department: ■ Final Construction Documents. ■ Cost Estimate. 4 . PHASE: Bidding Negotiation a. Objective: To obtain satisfactory bids to accomplish the work described in the contract documents, prepare and award a contract for construction of the facility. EXHIBIT A - 10 b. Work Elements: ■ Distribute the contract documents to bidders. ■ Conduct Pre-Bid Conference with prepared agenda. ■ Obtain and evaluate bids. ■ Respond to inquiries from prospective bidders and prepare required amendments to the documents. ■ Review and recommend action on bidders' requests for substitutions. ■ At Bid Opening, provide Bid Evaluations following Opening. ■ Issue Notice to Proceed to the contractor. 5. PHASE: Construction Administration (Basic Services) * * See Option for full-time construction management services. a. Objective: To obtain the facilities in accordance with decisions made by Fort Worth Water Department and recorded in the documents designed by Yandell & Hiller, Inc. , and to document the construction activities in accordance with services defined herein. b. Work Elements: ■ Pre-Construction Conference: Assist Fort Worth Water Department with conference agenda. Participate in conference and respond to any questions by the contractor. ■ Review Contractor Construction Schedule and coordinate with Fort Worth Water Department project manager and Workaround Plan. Update periodically. ■ Attend weekly construction meetings for Fort Worth Water Department, contractors, suppliers and AE construction coordination, chaired by the general contractor. EXHIBIT A - 11 ■ Review shop drawings and contractor submittals for conformance to contract documents and make appropriate recommendation. Maintain progressive log and file for shop drawings, submittals, contractor Requests for Information (RFIIs) , Requests for Proposals (RFPIs) and Change Orders (CO's) . ■ Review construction for conformance to contract documents at various appropriate intervals. Interpret plans and specifications when requested. ■ Prepare periodic written progress reports to Fort Worth Water Department project manager. ■ Review RFI's from contractor and respond. Involve Fort Worth Water Department project manager where required. Prepare all RFP' s to contractor; review and negotiate with contractor and make recommendations to Fort Worth Water Department. ■ Prepare all Change Orders for execution by Fort Worth Water Department and contractor. ■ Review contractor's Applications for Payment and issue Certificates for Payment. ■ Conduct in Fort Worth Water Department project manager' s presence a comprehensive facility inspection prior to substantial completion. Coordinate the preparation of a punch list recording incomplete or unsatisfactory work items. If the project is substantially complete at the inspection, execute the Substantial Completion Certificate. If not substantially complete, notify the contractor to complete and schedule a future inspection prior to Substantial Completion. ■ Conduct, with Fort Worth Water Department project manager, a comprehensive facility inspection upon notice from the contractor that he has completed all Substantial Completion punch list items and the project is ready for final inspection. When Yandell & Hiller, Inc. and Fort Worth Water EXHIBIT A - 12 Department project manager are satisfied that all materials furnished and work performed are in accordance with the Contract Documents, Yandell & Hiller, Inc. will instruct contractor to assemble and submit to Yandell & Hiller all final documents and related data. Manufacturer' s operating manuals, maintenance manuals and written warranties will be included as a part of that final contractor' s submittal. ■ Prepare reproducible record drawings (As- Built Drawings) showing significant changes in the work made during construction as a part of Contracted Basic Services. ■ Yandell & Hiller, Inc. will review all final documents and related data, call for any revisions required from the contractor, assemble all materials for submission to Fort Worth Water Department and issue a Final Certificate for Payment. ■ Yandell & Hiller, Inc. will conduct, with Fort Worth Water Department staff, a one year warranty inspection. C. OPTIONAL SERVICES BEYOND BASIC SERVICES 1. Option for Full Time Construction Administration/Construction Management/Project Representation is shown here as Optional Services only to differentiate between it and standard services. A credit is offered in our Fee Proposal for the Standard Services should this option be exercised. Over and above the Basic Services Construction Administration Services already noted herein, Yandell & Hiller offers full time Construction Management and project representation for your consideration. We anticipate a Construction Phase of approximately 12 months. We will provide a full time, staffed, field office during this period as an option to the Construction Administration services previously noted. Services provided would include: a. Checking and processing of contractor pay requests. EXHIBIT A - 13 b. Initiation, preparation and processing of change orders. C. Inspections, observations and checking contractors work to ensure coordination of the work and that the work complies with the Contract Documents. d. Preparation of construction progress reports for the Water Department review and approval. e. Administering and enforcing requirements of Construction Documents, such as insurance, as-built drawings, scheduling, permits and so forth. f. Assisting Contractor in the coordination of the delivery of material and the timely placement of the work to minimize downtime and complete the project in a timely manner. g. Preparation of final as-built documents. h. A general on site presence during all phase of construction to assure timely answers to questions, overall project coordination, and any field engineering that might be required. Full scope construction administration or Construction Management by Yandell & Hiller, Inc. will include placing a full-time qualified construction manager, thoroughly familiar with major construction projects, in an office at the job site. We will also provide a full time clerk/secretary to assist our construction manager. The field office will be provided either by the Water Department in the existing facilities or provided by the contractor in a construction trailer. Facilities should include telephone, facsimile transition equipment and day to day office equipment necessities. EXHIBIT A - 14 EXHIBIT B Y Z U O Q L c O — O Y x � U p O x m N d Z Z O U N U U _ J U N m S d W v d c+tJ U 7 Y x V O1 v x d u W N Q d x ++ W O W l0 9 2 W • 1-- W = ?. Z m x ui O N Y a a x N u w u U C U E Z 2 2 O p Z W J E W W 6 co z U C W U Z ui ad i a s s W Q r U A J f 0. 3 F- 3 co x a ~ c_ w 0 m 14 he a C N OW W Q cOi C r Y m C v w CO Q U L Q Q C oL Q ^ p 3 -wa m Q o W O x w 0 x z z a CD x Z W W Z J Q C7 U Z = W u Q N z w x O W U d cx d W d S Q W y U Z d y u u co Z J '0 W N Q J — d a+ 4) > H d O U N u z w cc a w W_ L d 4 O1 E 2 W L � V � J � < E � d � U M L x m r u N U EXHIBIT C SPECIAL SERVICES A. Special Services during Design Phase Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; and review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others Preparation of Environmental Assessment or Environmental Impact Statement documents or other documents. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, City's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond Architect/Engineer' s control. Providing physical models for City' s use. Investigations and studies involving, but not limited to, providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting City in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by City. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service Preparing to serve or serving as a consultant or witness for City in any litigation, arbitration or other legal proceeding involving the Project. Additional services in connection with the Project, including services which are to be furnished by City in accordance with Section IV, and services not otherwise provided for in this Agreement. EXHIBIT C - 1 B. Special Services During Construction Services in connection with work directive changes and change orders to reflect changes in scope requested by City. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s) or City's Construction Management Consultant; and services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor. Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, and (4) default by any Contractor. Evaluating an unreasonable or extensive number of shop drawings or claims submitted by Contractor(s) or others in connection with the work. EXHIBIT C - 2 EXHIBIT D F- J h o 0 0 (7 h o 0 0 Q U 0 0 LL 40-:� cc � � o O ~ Q N 0 0 0 O It N v O O N LO ti C7 +- qQ' 1n r r r N QO O (O M �LO g G W 44 r H fA 1i! fA 44 r -o v Q d O 69 69 Q d p H CL W In m > LU Z LLI � O (D N O O UJ N co VCO UJ CO O N W E O (p O :: cO r a Q Cj Y H O 4n, 69 5` r W � CA CL O W r � W HU N m < _ pppp _ _ _ ..pp� F. W N (LA N0) V (O O O O co N Q O 0 0 W d 6 ti C_6 r O r_ C6 r O r_ C N_ r CL O a. v � � 44 � � 44 44 44 � W cc N 0 � w W Q Q a U N Z m C O 0) CO 0) v O LO N O N U v c W N Q a � V 0 C F=, L o Q U 0 0 _ CD 5 . w (`a c z d E a� c � � cm 0 CM Cc o cc a, W s (D cc c m :3 U m o CL� w ' :3•5 �� V Q L d d O U V C Q 0 o a a` aQUU (n (n (n3o S 0 � r C4 ('q T N 4 N L() 69 O O O O O O O O O O O 0 L() O L() It 0 0 c o o It Ln IV f: O f: N (D O G O O 00 Ln N 00 CY IT 609 69 O 69 41% iA 4!3 lw a O O O O O � 0 � (ND O O (ND � 000 iA 44 T C O O = 0 0 0 0 0 0 0 0 0 O Lo O 0 0 0 0 0 O O O C � C N (D L O G O 0 N 0 0 609 � � � � � co N_ O O 69 69 49 0) C6 2 b9 �' W W c4 04 r- a N (1) p Op (ND O O 64 ch ch T T N v/ v/ J J J a� C O C O O Q ry= Q = v co r r r Q Z Q O Z L= 0 N �j W LU LLJ U a L Q ayi W c oC Z (L ts h m LU w N CL w J _ C Z H Z O W N m w d " < a) < z c a w cr � Q d Q -� � -5, H Q � D Q w5 w as < W 3 `�' 2zzo 0 m r � LL (° a t o (noaVU) U)iUU ai � ° a 2 F= w °° O a ~O 4 wi (c 2 g U r: F- U °� u°9 6°a v LO r � O F- VJ O of of N N N O O pp O O r p O O In h 1n O of t0 O t7 Cn (D O O N @7 ui O (D ao Cn 0 N m Ln C of Q1 @7 (� t0 CA 1A h h O of � r- (D a 4A 49 409. T 4A O O O ci U iR iR 49 49 4rA Rf d O C r tt h N O 1A h ul O of O C O _O N T T C) lf) In CM Vj O _O LO C7 C r 4.49, d � iA r � 69 69 � r 69 69 r GH C) co 69 fR H9 44 a W W (h r CD r r r 0 O O N LO In N a) �- V V � O 0 0 CO r N W d In h CO r ci r CO r N a r p N V (� N r r r r r r r r r � fA fA fA 69 4W 49 0. 49 14? fA 44 ER W a V1 V Q t Cl) N(N Npp N m c N Q 7 F g Z O Z W 2 CL O c v) W U c CO W O d w ai D ` m C d x W � m O d C m 0 Ln J ui cc co w �p s � p 0 p aCO H co J is v z r v a t 1- Q a) W 0 L- cvJ 0 aaQ QUU (n (n O 0 2 H ~ r N M 4 uA v N O O cp cp Ci O N T r 409, T 0 0 0 O cc O 0) N 0) O O O OD O CIZ c CIZ r 44 H `f) {A T In 44 44 ooaa000000 C 0 0 0 0 0 0 0 0 0 . O O CQ f7 0 0 0 00 0 0 �0) 0 C wet N 0 0 0 OD 0 O O N r r r N 41% q7 W 40 409, 64 6% 64 d � O O Coco O O s O 00 0 0 0 0 0 VV ER 69 O O O O O to r O O O O 69 N T T r N a. ca .� Q w 0 IL ts O w N w Q) CO~ w z z o °; < m w a _5 C vi w H c z ¢ z m ° � ayQ � QJ0 L �. w d cc X J J U V ;, H Q �_ 0 � � coNza � E p ° w w 3 U20ZOU °' moo F.Q.. m � a w t a m U N Q Q Q S o CO a- Z O o o cn cn U U N &- r f- m g O S r.: 0 , .•. � . m o 0 0 LO LO U . k 2 k q q � c . m w o - q * # 2 $ S q E o $ E E g a q q q _ k n ® - d ¥ B k �V k & & $ $ n LO LO L 7 q - v r- r- / � 2 � � � 409, 41). 2 0 o w . c f E g o 0. $ q 7 0 2 0 g e 00 a a a - w o w 2 w A 2 f G a Cl) 17 � ® A CD � � � 2 � 4 � k co w w @ @ U) CQ 0) 7 0 0 0 § § q � p q a - $ � � - W ■ d R 0 0 Q d Q c - ci q n w U J � 244 � � � 44 49 � � 2 � W « CL CD . . . N U @ / 04 / k k co * � « § 2 z 3 � 2 W � p E U) qw CL O CD \ 4) $ b J k O $ k k b o 2 w 0 2 LV C 3 0 0 2 ƒ § V 2 ¢ m 7 t 2y 2 7 R § § 0 2 § cr 3 2 I o g 2 v k ) ■ k / ® 0 CL / / k k / / ) k / / . 5 O U v w w li ui T N IT GO N O T EA p�p O 00 N O O � C) GO K oN N 4ow (D co GO O cli O C'l 44 j i iR EA O O O O O Ci O O O Op pO � O O GO CO CD T cD ETA V� d�? qT co O 449, 0) 4 *fl� 403� 40 0 0 0 0 0 0 0 O O d O Cqq: qo: O O O O O O O N O O CO 00 0 0 0 O Oy C 1 000 00 T O � N O O c 0 O 0 _ � IR 410). 6e* V� 4 n. w E9 ~O 0 0 0 0 ( p O O GO O 410). 4& CO T T T EA d N C c O O W co N N T T T T y S GO v G v U O c D o Z O U Gai ~ N LLJ m r_ cc Z Z E.. Q _O fy J m C Z U >. H D E H X O ao = cZ ~ ZQ O U Z c 3 aai 0 P L) v Co = O CD J E ►- a LL c. � � N � aZ O ►- o w co w c � mZZ O � m ` a co O 0 0 0 N o Z fn U U a m O twO m g r-: ) CD T T T O � L C Q j�MC� I(�vMT�y��I W �I' I Q 46 W VI U-) Cl) Cl) O n ci T n Q) C T T T V T (� 44 44 {09, 409, 419, No It 0 L QQ r Z D = O �p t*, st C0 v = o Q O I)N 44 w� w � N T T IL w V v CC v T V) T M T r- LO LO CO LLJ d to 04 0 T IT IT CO r N h CO Qn CO Cl) 6N9 ZU � 44 401 44 44).It O ¢ m L a N L T ° 8 ° v Q c � c� T \ G 7 Q N C L7 0 O O N cc m p d w M m C d X CL LU O U L LV •- m LL w C V c 0 J!ts 5 o a a �p y C J Q) J d -►C. LO ` U 2 b O d C r > 0 Ci of v ui w ci C6 N N N 69 pO O O 999�t O K iA° O° 9 (60(� 0 69 co 4% iR 69 69 O O r CV c7 O O O c 609 69 N co c 0 0 0 0 0 0 0 0 p0 p0 p0 0 0 9�t O 69 � H 9 y w d d O O 0 4 4 69 69 69 r 69 z c O O r 00 Z 0 H Q c cc U Z N LLI II U) Q O ) N N w 0- Z E y XX O y Z m 0 W U d � Q mQ ca. W cc OL C m a � ca Q O r w w _c °ts m Z 0 -1 0 a w 3 m20 °= 00 m ,zae t � uaioCL 00 a O ° Q w a r 0 N N N N v v N 1- 04 O N O qT 1f) C7 C7 1f) O N CA U') 1U) O N ccv) 49 iR 44 44 N N O Cb r y O O O O O U 0 � r V 5 4 °� °4 4 O p H N O N et N O O O O O OD OD 1� r CD tf) 1l O V of CA O OD _ LC) r M M O O O O O O O O Or- _ _Ul)00 r O _O 'Z O L � O F- C6 cc ui O cc w o of of of of o o It w o F- Q yO CD c o o) O °' °' CO wA V w U F� W N m O NU — T Z J O D U L y W o U Co $ 0 > m F- OC Q W fA F- U_ N z_ Li m OU 0 Q 0 F- N L O Z Z L p W — IaU J U N O Z Q U U m LLLL O w O Z 0 Z � o Q w 0 U ►= ao ~ ° �' d O ° W O �i F- n U. wCZ7c~nt~n o o Q = N Z Z p q� F- p N IL T F- d a UU UU (3 C) U C4 oi City of Fort h. Texas Mayor and Council "'Inun 0 a 'May DATE REFERENCE NUMBER L N E PA E 01/07/92 **C-13186 60YANDEL 1 of 1 SUBJECT ENGINEERING AGREEMENT WITH YANDELL AND HILLER, INC. FOR DESIGN OF THE CENTRALIZED WATER AND WASTEWATER LABORATORY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Yandell and Hiller, Inc. for preparation of plans and specifications for the Centralized Water and Wastewater Laboratory for a total fee not to exceed $236,933. DISCUSSION: Currently the water and wastewater laboratories are located in the administration buildings at the Rolling Hills Water Treatment Plant and the Village Creek Wastewater Treatment Plant, respectively. Additional equipment required to provide water and wastewater compliance testing has resulted in congestion at these two locations. It is recommended that a new centralized laboratory be constructed at the Rolling Hills Water Treatment Plant site. The Laboratory can also assist the Environmental Management Office in the testing of wastes discovered within the City so that appropriate disposal measures can be quickly arranged. It is necessary to have a consultant prepare plans and specifications for this facility. The Consultant has complied with the City' s DBE policy. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this agreement are available in the current capital budget, as appropriated, of the Commercial Paper Water and Sewer Funds. MG:t Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: to Mike Groomer 6140 Originating Department Head: Richard Sawey 8207 from PW77 531200 06077016012 118,466.5 For Additional Information PS46 531200 07046016007 118,466.5 Contact: PW77 511070 06077016012 1,000.0 PS46 511070 07046016007 1,000.0 Richard Sawey 8207 PW77 533010 06077016012 50.0 Printed on recycled paper