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HomeMy WebLinkAboutContract 29621 CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese and Nichols, Inc., (the "ENGINEER"), for a PROJECT generally described as: Construction Phase Program and Construction Management Services for the Village Creek WWTP Uprating Modifications-Phase I B-Miscellaneous Improvments. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER'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 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 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event o suspension of services, the ENGINEER shall have no li4;lit to gITY ,f 04-04P02 : n 45 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. C. 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. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be _ - such drawings for any project other than the PROJECT descrit�he. or e use oferein -2- 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 authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, 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, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required 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. (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; unk - conditions of existing equipment or structures that may aff ct operation or -3- 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. G. 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 ENGIIVEER 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. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. 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 (MNVBE) participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by 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 three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers -4- 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 three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the 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. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. -5- Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name -the CITY 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. (b) Certificate(s) of insurance shall document that insurance coverage specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation 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. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources o of also be acceptable to the City. r" :5 (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review 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. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. Q) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (I) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. 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 proPD PROJECT and business relationships with abutting pr pert'y .�ities., Th 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 ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which 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 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. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The 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 and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machi of pipMeg,--and- other components of the CITY's facilities as may be required in onnection with=the ENGINEER's services. The CITY will be responsible for all cts'of the CITY's -8- 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 in Attachment A. E. 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 and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not lirnited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER'S negligence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. El , 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. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 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, bringrhzfPnc n►� sig-Lin litigation undertaken or defended by the CITY. In the eve `t .CITY rQgesfs, u h _ _10- r�, :'; ; 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. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGIIVEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. 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. 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 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: -11- a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time 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 ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party 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 understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties 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. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be -13- construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. 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 Executed this the ICTk day of Vab.va, , 2004.. Ili (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ATTEST: F RT WO fi By. l Marc O City Secretary Assistant City Manager APPROVED AS TO FORM AND LEGALITY — Cot:t����� s.u-_•:_ _, tistion Date Assistant City Attorney ATTEST: ENGINEER -7 By: Robert F. Pence, P.E. President APPROVAL RECOMMENDED: By: Dale A. F s er, P.E. Water Dire or 0 ATTACHMENT A GENERAL SCOPE OF SERVICES ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE VILLAGE CREEK WWTP UPRATING MODIFICATIONS - PHASE I B—MISCELLANEOUS IMPROVEMENTS GENERAL SCOPE OF SERVICES SECTION I - DESCRIPTION OF PROJECT,AGREEMENT AND SCHEDULE The project consists of Construction Phase Management services for the Village Creek Wastewater Treatment Plant Uprating Modification—Phase I B—Miscellaneous Improvements. This agreement describes the services to be provided by Freese and Nichols,Inc. (FNI). The scope of services required is presented as basic services and additional services. The basic services cover the elements required for the Project and are authorized by the execution of the contract. These include construction phase services(general representation&part time resident representation only) for Phase 113- Miscellaneous Improvements. The additional services are the work elements that could be required and are identified in the contract but are not authorized until FNI is given additional written approval by the City. SECTION 2 - BASIC SERVICES This section describes the services FNI will provide as basic services. All reference to FNI shall mean Freese and Nichols, Inc. and its approved sub-consultants. Owner refers to the City of Fort Worth, its agents and employees. Construction Phase services for the Village Creek Wastewater Treatment Plant Uprating Modification—Phase I B —Miscellaneous Improvements. Freese and Nichols, Inc. (FNI) will provide construction phase services for the OWNER on the above referenced project. The specific services to be provided are listed below, but in general consist of the provision of construction contract administration services for a period of 15 months. FNI will endeavor to protect OWNER in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, sequences or procedures of construction selected by contractor, or any safety precautions and Attachment A-1 ��, FTW-Village Creek WWTP Phase IB Attachment A 9a programs relating to the conditions to the premises,the work of the Contractor or any sub-contractor. FNI will not be responsible for the acts or omissions of any person (except its own employees or agents) at the project site or otherwise performing any of the work of the project. However, construction contract administrator/resident representative will exercise its authority on behalf of the City during the construction phase so that work performed by the contractor results in a project completed in general conformance with the construction contract documents. The construction contract administrator/resident representative will serve as project facilitator, coordinating the flow of information between the Owner,and the contractor while at the project site. Typical services will include: a. Assist OWNER in conducting a pre-construction conference with the Owner, Design Engineer, and constriction contractor's key personnel. Establish communication procedures with the Owner,Design Engineer,Construction Contract Administrator,and the contractor. b. Submit monthly reports of construction progress. Reports would describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. c. Establish and maintain a document control system designed to track the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Send contractor's submittals, including Requests for Information, modification requests, shop drawings, schedules, and other submittals to the FNI or its sub-consultant and Owner for review in accordance with the requirements of the construction contract documents for the project. Monitor the progress of the contractor and Design Engineer in sending and processing submittals to see that documentation is being processed in accordance with schedules. d. Review contractor's applications for payment and recommend payment in accordance with the procedures in the construction contract documents. e. Provide one (1) part-time resident representative for approximately 20 hours per week. This time includes all required travel time. On-site, resident representative will observe the progress of the work, monitor compliance with the schedules and requirements of the contract documents and help resolve any conflicts that may need attention. The schedule by which the part-time resident representative is on-site, should be coordinated in advance. f. Coordinate the work of the materials testing laboratory during construction. The cost of such quality control will be paid by the Owner through FNI's contract. A separate budgetary amount for each of these items is established in FNI's contract with the Owner. g. Conduct monthly project progress meetings(up-to 14)with the contractor and OWNER,in addition to the services of the part time resident representative. Prepare meeting minutes documenting the discussions held and decisions reached at those meetings. h. Coordination between wastewater treatment plant staff and co=CTo—r—Jo­r T"ac1Iiiy ` Attachment A-2 � � _�_�� F FW-Village Creek WWTP Phase IB Attachment A +y �� S Yo .. V:.U11, 4�i shutdowns,tie-ins, etc.will be the responsibility of the OWNER. FNI will assist OWNER in establishing notification and coordination procedures if requested. i. Establish and administer quality assurance procedures in accordance with the construction contract documents. Notify contractors of non-conforming work observed, initiate corrective procedures for defective work, coordinate special materials tests and performance tests needed to obtain a quality project. j. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation as required by the construction contract documents. Notify the OWNER of deviations identified in those test reports. k. Establish procedures for administering contract changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Owner to determine the cost and time impacts of these changes. Prepare change/field order documentation for approved changes for execution by the Owner. 1. Routinely examine the contractor's "as-built" drawings to determine that information appears to be recorded in an accurate and timely manner by the contractor as required in the construction contract documents. See that these drawings are provided at the completion of the project so the original construction drawings can be revised in accordance with the information furnished by the construction contractor to reflect changes made in the project during construction. m. Assist in project completion activities at the conclusion of construction. Conduct a project walk-through with the OWNER at substantial completion of the project. Observe completed construction for general conformance with the design concept. Compile a list of deficiencies to be corrected by the contractor. The list will include items identified by the OWNER and FNI as a result of the walk-through. Upon correction of the items on the deficiency list and other items as may be determined, recommend final payment to the Owner. Assist the Owner in obtaining legal releases,permits,warranties, spare parts,and keys from the contractor. Visiting the site to review completed work in excess of two trips are an additional service. n. Revise the construction drawings in accordance with the information furnished by the construction contractor(s)reflecting changes in the project made during construction. The changes will be based on information provided by the contractor. A stamp approved by the Texas Board Of Professional Engineers will be added to the document in lieu of a seal stating that the Record Drawings are based on project construction documentation and information furnished by the contractor that is believed to be accurate based upon FNI's observations performed during construction. Five(5)sets of prints of"Record Drawings" shall be provided by FNI to OWNER. l.. Attachment A-3 2 FTW-Village Creek WWTP Phase IB Attaclunent A ' l Itl ,N. SECTION 3 - ADDITIONAL SERVICES Additional services are those services not included in the basic services which may be provided by Freese and Nichols if so authorized by the City of Fort Worth. A. Field layouts or the furnishing of construction line and grade. B. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. C. Investigations involving detailed consideration of operations, maintenance and overhead expenses, and the preparation of rate schedules, earnings, and expense statements, feasibility studies, appraisals, evaluations, assessment schedules and materials audits or inventories required for certification of force account construction performed by the Owner. D. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. E. Providing shop, mill, or laboratory inspections of materials and equipment other than coordinating and conducting observation of concrete and soils work. F. Preparing any required Operation and Maintenance Manuals or conducting operator training. G. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to Owner. H. Assisting the Owner with, preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal or administrative proceedings in the defense or prosecution of proceedings in connection with this project. I. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analysis, permitting assistance, and other assistance required to address environmental issues. J. Additional services that are required to comply with local, State or Federal regulations that become effective after the date of this agreement. K. Conducting pilot plant studies or tests. L. Preparing or updating Operations &Maintenance Manuals Attachment A-4 ,IP L FTW-Village Creek W WTP Phase IB Attachment A n^O` +.,i w Q M. GIS mapping services or assistance with these services. N. Geotechnical investigations, studies, and reports. O. Investigations, analyses, studies or design for substitutions of equipment or materials, correction of defective or deficient work by the contractor or other deviation from the construction contract document requested by the contractor and approved by the OWNER are an additional service. P. Additional time for on-site resident representation may be required. If required, on-site resident representation in excess of 20 hours per week or 1300 for the duration of the project is an additional service. Q. Meetings or site visits in excess of what is specified Attachment A-5 FTW-Village Creek WWTP Phase IB Attachment A ' ',' 7� 711 ATTACHMENT B COMPENSATION AND PAYMENT SCHEDULE ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE VILLAGE CREEK WWTP UPRATING MODIFICATIONS - PHASE I B—MISCELLANEOUS IMPROVEMENTS COMPENSATION 1. BASIC ENGINEERING SERVICES For engineering services provided under Attachment A, the City shall pay the Engineer (FNI) on a Salary Cost Method, an amount not to exceed $323,000.00, according to paragraphs A, B and C below. The basis for this payment is shown in Exhibit B-3 and Exhibit B-4 A. Labor: The Engineer shall be compensated for the services of his personnel on the basis of Salary Cost times 2.25 for the time such personnel are directly utilized on the work. Salary cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) plus unemployment, excise, and payroll taxes, and contributions for social security, employment compensation insurance, retirement benefits, and medical and other insurance benefits. The salaries of any personnel assigned are subject to reasonable modification by the Engineer throughout the terms of this Agreement; however, such modifications will not affect the upper limit of this Agreement. B. Other Incidental Direct Costs: The Engineer shall be compensated at his cost plus 15% for all costs other than salary costs that are incurred pursuant to this Agreement, but which are not normally included as part of the Engineer's overhead. These costs include, but are not limited to: air fare, automobile rental, mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing and reproduction costs, computers and word processors, postage and mailing costs, and other miscellaneous costs incurred specifically for this Project. Attachment B-1 FTW-Village Creek W WTP Phase IB Attachment B C. Subconsultant Services: For all subconsultant services, the Engineer shall be compensated at his actual subconsultant cost plus 15%. II ADDITIONAL SERVICES For Additional Services provided outside the scope defined in Attachment Al, as approved by an amendment to this Agreement, the City will pay the Engineer for labor, other incidental direct costs, and subconsultants on the same basis as described in Paragraph I of this Attachment. 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Q t O C rad vEi E3 5 A E c R ni r r o C7 > N N 5 4 — Q C a) a) 7 E j00o ayi a`. •3 � cn = � 5 C y m o s 3 x [ . U o °cU5 a o y o s ❑ o H ° °AU � . N o yS > a an O OC` o y ` EE • o a a a -O o ¢ 3 oa o T c o o o s s w o W y .o C z g do: c avi " !� II :n n t -•r W o ga � v� Uaiio � � u � i.. 5..: &LL y js V_ ' w � r•.:a. t_� r �..0 E N T' f7 R.-'`� _N4� •s g u� ti "' � •- y, October 21, 2003 Mn Stan Conley all Environmental Infrastructure Group, L.P. 12112 Almeda Blgd F FREESE-NICH�LS Houston, Texas 77045 RE: City of Fort Worth Water Department North Holly Water Treatment Plant Improvements-Phase I Project No. PW77-060770500120 Filter Trough Modifications Work Schedule October 20, 2003 Review Meeting Dear Mr. Conley: A meeting was held October 20, 2003 with you and the plant staff to review the filter trough repair work(extra work)and warranty work. Summarized below is our understanding of filter trough repair work Attendance FWWD-David Townsend Jerry McMillion, Robert Shaw, Ricky Cobb, JC Tolson, Tim Allen, Todd Petty, Richard Blair F&N-David Sloan,Ted Gay EIG-Stan Conley,Chris Lopez 1. EIG's proposed work schedule is attached. 2. EIG will confirm work will start October 278, 2003 pending resolution of outstanding issues between EIG and Leopold with confirmation that horse shoe supports will ship this week. 3. Plant will have filters 8, 9, and 10 washed down and drained prior to EIG's starting work- 4. ork4. EIG to provide employee list for security prior to start of work,use south gate. 5. Jerry McMillion is EIG's plant primary contact person if Ted Gay or Richard Blair aren't on site. 6. Jerry McMillion to notify plant staff of work to be performed and safety issues as some grating may be taken up-EIG to flag areas but plant needs to be cautious. 7. No other construction is expected during the October—December construction period. 8. EIG will perform warranty work concurrent with filter work but filters will be complete within 90 days. EMERGENCY CONTACT NUMBERS Ted Gay 817-999-9135 Richard Blair 817-988-0734 Jerry McMillion 817-235-8792 J C Tolson 817-475-6643 Plant Chief 817-175-6609 Chris Lopez 8327264-6820 Stan Conley 713-433-8181 Sincerely, FREESE AND MCHOLS, INC. G.E. Gay, P.E. xc: attendees Robert Arms Russ Pior File FTW00112G/00593.4.41.037 FM00593)LN IICHANGES\PCM\PCM037 RAISE FILTER TROUGH PLANNING MTG 102003 MIN Freese and Nichols, Inc. 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E = a = o.o W < w = E -j Lu n � C) E/w \ Boz » o « = oz U) o � � ƒ � � I§ LL _ _ ■ § q ulo ■ o ■ §k2 �� D z o� � ■ � E ir ® en 222 -J ��AEdi ] � JW ° G2 L) k§ EJ7 ° City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/10/2004 DATE: Tuesday, February 10, 2004 LOG NAME: 60FREESE1 B REFERENCE NO.: **C-19960 SUBJECT: Engineering Agreement with Freese & Nichols, Inc. for Construction Phase Services for the Village Creek Wastewater Treatment Plant Uprating Modifications, Phase IB RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc. for construction phase services for the Village Creek Wastewater Treatment Plant Uprating Modifications, Phase IB, for a total fee not to exceed $323,000. DISCUSSION: On August 25, 1998 (M&C C-16955), the City Council authorized the execution of an engineering agreement with Freese & Nichols, Inc. for the design of the Village Creek Wastewater Treatment Plant (VCWWTP) Uprating Modifications, Phase I. These improvements are necessary to assure continuous compliance with wastewater discharge standards in accordance with the Clean Water Act. This project is the first phase of specific facilities requiring modifications or additions to provide the required capacity for the rating of 166 MGD (million gallons per day) and/or 369 MGD Peak Flow (2-hour peak). The Phase IB project includes rehabilitation of the large primary clarifiers and continuous backwash filters, and modifications to older aeration basins and final clarifiers. Freese & Nichols Inc. proposes to provide construction phase services during the construction phase of the project as follows: • Provide construction management team to administer the construction contract and provide part-time. inspection; and • Provide project management, review of contractor's submittals, preparation of change orders, record drawings, and operation and maintenance manuals. Freese & Nichols, Inc. is in compliance with the City's M/WBE Ordinance by committing to 7% M/WBE participation. The City's goal on this project is 7%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval, funds will be available in the current capital budget, as appropriated, of State Revolving Loan Fund - Sewer. Logname: 60FREESE 1 B TO Fund/Account/Centers FROM Fund/Account/Centers PE42 531200 070420418450 $323,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) Logname: 60FREESE 1 B pa aP 7 of