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HomeMy WebLinkAboutContract 28008 CITY SECRETARY JR c CITY OF FORT WORTH, TEXAS CONTRACT NO. . ��� STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Camp Dresser & McKee, Inc. (CDM), (the "ENGINEER"), for a PROJECT generally described as: Construction Management Services for the Village Creek WWTP High Rate Clarification Improvements and the Village Creek WWTP Trinity River Siphon Construction Projects. 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 1, 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 se ice er. i AGREEMENT until paid in full, including interest. in the event o suspension of services, the ENGINEER shall have no liability to CITY foe 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 liable for the use of such drawings for any project other than the PROJECT described h -- 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; conditions of existing equipment or structures that may /,AC&) �gup��� �o �" "M,TEX 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 ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. 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 (M/WBE) participation In accord with City of Fort Worth Ordinance No. 11923, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the MANBE 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, years after final payment under this contract, have access t the: r- examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of 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 subcon- sultant 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. TFF O 1 L7 kIlQi'QN�l7 tl U P'`yi r.'6,'t1Y0 ■CJYW 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 or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review 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. (j) 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. (1) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (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 proposed PROJECT and business relationships with abutting property cities_._--- The— E 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, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's ;.,u is a,�b. L, u CITY*�3100V 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 Appendix "A-2". 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 limited 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. C 0TV, E'erlaR°y o 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, bring, defen.c -Q in litigation undertaken or defended by the CITY. In the event, ITY reftrmh 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 ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of 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: dff CtP (0j %RY 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 deft CITYN�� V -5*9 ti, o 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 Appendix A-1 — Resident Representative Services Appendix A-2 — Project Schedule Attachment B - Compensation Appendix B-1 — Hourly Rate Schedule Appendix B-2 —Task & Hour Summary �oU U N�l5��U11'�i1WW� lfl`j 11 ,y , I'� NK IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be signed in quintuplet in its name and on behalf, by its Assistant City Manager and attested by its City Secretary, with the Corporate Seal affixed,and the Engineer also has properly executed this instrument in quadruplet copies each of which is deemed an original. EXECUTED in the City of Fort Worth,this-',)' his `/ `� day of A.D.,20 . ATTEST CITY"WORTA6 By: By: Gloria O erstreet Pearson IV City Secretary Assistant City Manager APPROVAL RECOMMENDED: Camp D ser& cKee, Inc. By: 4ABy:�f7"__ Da e A.Fisseler, .,P.E. Ric and W. Sawey,P.E. Water Director Vice President APPROVED AS TO FORM AND LEGALITY: By: Gary 3teinberger Assistant City Attorney Date: Contract Authorization Date OFFIC,k,1�(�Cel C6� C �Y 7 P'10515-FWWD\Village Creek HRC-RPR Svcs\Agreements\Fort Worth,&andard Engineering Agreement RPR52302Revised08I402.doc ATTACHMENT A SCOPE OF SERVICES FOR VILLAGE CREEK WASTEWATER TREATMENT PLANT HIGH RATE CLARIFICATION IMPROVEMENTS PROJECT AND TRINITY RIVER PIPELINE CROSSING AT VILLAGE CREEK PROJECT CONSTRUCTION PHASE SERVICES SECTION 1 —PROJECT DESCRIPTION The project consists of Construction Management services for the Village Creek High Rate Clarification Improvements and the Village Creek Trinity River Siphon Project respectively. These two construction projects include: • New High Rate Clarification System with Chemical Storage as Feed Facilities • New Common Headworks and Screening Facility with Odor Control • New Gravity Belt Thickener Facility with Odor Control • New Piping and Junction Structures • Mechanical, Electrical and SCADA improvements. • New Trinity River Pipeline Crossing and Upstream Siphon Structure This agreement describes the services to be provided by CDM. The scope of services is presented as basic services and additional services. The basic services cover the elements required for the Project that are authorized by the execution of the contract. The additional services listed in SECTION 3 below are work elements that may be performed and are identified in the contract but are not authorized until CDM is given additional written approval by the City. SECTION 2—BASIC SERVICES 1. Final Approved Construction Plans The Engineer shall furnish 45 bound copies of the final approved construction plans and contract specifications of the Village Creek High Rate Clarification Improvements project. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contacts, and constructing the project. 2. Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the City in determining the qualifications and ° °� Attachment A Page 1 �, �r �roo R o acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the City as to the acceptability of alternate materials and equipment proposed by the prospective constructors. The Engineer shall assist the with evaluation and resolution of bid protest(s). 3. Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the City in evaluating bids, or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. 4. Recommendation of Award The Engineer shall assist in the review of all bids received for the construction of the Project and shall make a recommendation of award to the City. 5. Preconstruction Conference The Engineer shall attend the preconstruction conference. 6. Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and full/part-time inspection of construction will be performed by the City. 7. Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill tests reports on materials and equipment. 8. Instruction to Contractor The Engineer shall provide necessary interpretations and clarifications of Contract Documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 9. Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. FOFFICUAlt-1 G����G�D Attachment A Pdge2 10. Record Drawings The Engineer shall prepare Record Drawings from information submitted by the Contractor. 11. On-Site Staffing The construction phase services focus on assistance in bidding and construction phase engineering services for the project. These services will be provided as follows: A. Full-time Senior Project Manager on-site. B. Full-time Senior Construction Inspector(Resident Project Representative) on-site as described in APPENDIX A-1 with full-time clerical assistance. The Owner retains the right of selection or refusal of the full time resident representive or any subsequent proposed resident representative in the event of staffing changes or reassignments. The current proposed and approved full-time Resident Project Representative is Douglas L. Fair. C. Provide additional engineering staff as required to facilitate inspections, interpretations, attendance at meetings, evaluation of modifications and review of shop drawings as required. SECTION 3 —ADDITIONAL SERVICES Additional services are those services not included in the basic services which may be provided by Camp Dresser& McKee, Inc. 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 details applications. E. Providing shop, mill, or laboratory inspections of materials and equipment other than routing inspection of concrete and soils provided in Basic Services. F. Conducting operator training(other than assistance during startup,testing and training activities by the manufacturers as required to assist the Owner).. r� 6� C01DAttachment A Page3 .. ��l� G. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development of construction of the Project, including the preparation of engineering data and report for assistance to Owner. H. Performing extensive, non-routine investigations, studies and analyses of work proposed by construction contractors to correct defective work. I. Performing extensive, non-routing investigations, studies and analyses of substations of materials or equipment or deviations from the plans and specifications. J. Assisting the Owner in legal proceedings 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. K. 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. L. Additional services that are required to comply with Local, State or Federal regulations that become effective after the date of this agreement. M. Services required to resolve bid protests, or to rebid the projects for any reason. N. Observing factory tests of equipment at any site remote to the project or observing additional tests required as a result of the equipment failing the initial test. O. Conducting pilot plant studies or tests. P. Prepare revised Operation and Maintenance manuals for the High Rate Clarification Improvements Project. Q. Additional services required as a result of the failure of the Contractor(s)to complete the work for any reason within the contract time. R. Geotechnical investigations, studies and reports other than material testing services required by the construction contract documents. S. GIS mapping services or assistance with these services. W t�f� If V, VI'-r'I!n,Xf Attachment A Page4 9i23.2002 Appendix A-1 TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES DURING BIDDING AND CONSTRUCTION DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE This is an Exhibit attached to, made a part of and incorporated by reference with the Agreement made on 20 between City of Fort Worth (OWNER) and Camp Dresser & McKee Inc. (ENGINEER) providing for professional engineering services. ENGINEER shall furnish a Resident Project Representative("RPR"),assistants and other field staff to assist ENGINEER in observing progress and quality of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of Contractor. However, ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work nor shall ENGINEER have authority over or responsibility for the means,methods,techniques,sequences or procedures selected by Contractor, for safety precautions and programs incident to the work of Contractor, for any failure of Contractor to comply with laws,rules,regulations,ordinances,codes or orders applicable to Contractor's performing and furnishing the work,or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGNEER's agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: A. General RPR is ENGNEER's agent at the site,will act as directed by and under the supervision of ENGINEER,and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and Contractor,keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with ENGINEER concerning acceptability. 2. Conferences and Nfeetings: Attend meetings with Contractor,such as preconstruction conferences,progress meetings,job conferznces and other project-related meetings, and prepare and circulate copies of minutes thereof. �F FOCG , Appendix A-1 Fuge l l�s�UU �H5iGIV=1 2 �� � 0�51n10 3. Liaison: a. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on-site operations. b. Assist in obtaining from OWNER additional details or information,when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and Samples. b. Receive Samples which are furnished at the site by Contractor,and notify ENGINEER of availability of Samples for examination. c. Advise ENGINEER and Contractor of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents,or has been damaged,or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests,equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel,and that Contractor maintains adequate records thereof,and observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to Contractor in writing decisions as issued by ENGINEER. Appendix A-1 page'- r, -,9f 23 02 S. Records: a. Maintain at the job site orderly tiles for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents including all Work Change , Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents,progress reports,Shop Drawing submittals received from and delivered to Contractor and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job site, weather conditions,data relative to questions of Work Change Directives,Change Orders or changed conditions, list of job site visitors,daily activities,decisions,observations in general,and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c. Record names,addresses and telephone numbers of all Contractors,subcontractors and major suppliers of materials and equipment. 9. Reports: a. Furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Consult with ENGINEER in advance of scheduled major tests,inspections or start of important phases of the Work. c. Draft proposed Change Orders and Work Change Directives,obtaining backup material from Contractor and recommend to ENGINEER Change Orders, Work Change Directives, and Field Orders. d. Report immediately to ENGINEER and OWNER the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents,and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion,submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has had performed inspections required by laws,rules,regulations,ordinances, codes, or orders applicable to the work, including but not limited to those to be performed by public agencies having jurisdiction over the work. c. Conduct a final inspection in the company of ENGINEER,OWNER and Contractor and prepare a final list of items to be completed or corrected. Appendix A-1 Page � O�G° IJI 2 d. Observe whether all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. C. Limitations of Authority by RPR Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items), unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques,sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or Sample submittals from anyone other than Contractor. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. Appendix A-1 page-t2 X02 I. 1r C' -PAP ' p�-" APPENDIX A-2 PROJECT SCHEDULE FOR VILLAGE CREEK HIGH RATE CLARIFICATION IMPROVEMENTS PROJECT AND TRINITY RIVER PIPELINE CROSSING AT VILLAGE CREEK PROJECT • HRC Project Advertises For Bids August 15, 2002 • HRC Bids Opened September 26, 2002 • HRC Begin Construction December 2002 • Trinity River Pipeline Crossing Advertising For Bids March 2003 • Trinity River Pipeline Crossing Open Bids April 2003 • HRC Complete Construction(28 months) April 2005 • Trinity River Pipeline Crossing Begin Construction May 2003 • Trinity River Pipeline Crossing Complete Construction April 2004 END OF APENDIX A-2 COY tWslmpy Village Creek High Rate Clarifier Improvements EXHIBIT A-2 — v EXHIBIT B TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND CAMP DRESSER & McKEE INC. FOR VILLAGE CREEK HIGH RATE CLARIFICATION IMPROVEMENTS PROJECT AND TRINITY RIVER PIPELINE CROSSING AT VILLAGE CREEK PROJECT COMPENSATION I. BASIC ENGINEERING SERVICES For engineering services provided under Attachment"A"the CITY shall pay the ENGINEER on a Salary Cost Method an amount not to exceed $1,807,131, according to Paragraphs A,B and C below. A. Labor. The ENGINEER shall be compensated for the services of his personnel on the basis of Salary Cost times 2.16 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 term of this Agreement; however, such modifications will not affect the upper limit value of this Agreement. Exhibit"B-1" are the hourly rates as of the date of this Agreement. B. Other Incidental Direct Costs. The Engineer shall be compensated at his cost plus 15 percent 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. C. Subconsultant Services. For all subconsultant services the ENGINEER shall be compensated at his actual subconsultant cost plus 15 percent. r."Fi Py r 'k n Trinity River Siphon EXHIBIT B B-1 23/2002 SL 'd II. ADDITIONAL SERVICES A. For Additional Services provided outside the scope defined in Attachment "A"and Appendix"A-1", 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"B". III. INVOICE AND PAYMENT PROCEDURES A. Invoice and payment procedures shall be in accordance with Article III of the Agreement and Paragraph B below. B. Partial payment shall be made monthly upon receipt of an invoice from the ENGINEER,prepared from the books and records of the ENGINEER,outlining the amount of hours worked by each employee,the employee's name and classification, and the employee's salary rate along with itemized charges for any subcontract and Other Incidental Direct Costs work performed during the period covered by said invoice. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by the ENGINEER's Project Manager. Payment according to statements will be subject to certification by the Director of Engineering or his duly authorized representative that such work has been performed. END OF EXHIBIT B Trinity River Siphon EXHIBIT B B-2 N`��' C � "02 EXHIBIT B-1 TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND CAMP, DRESSER, & MCKEE, INC, FOR VILLAGE CREEK HIGH RATE CLARIFICATION IMPROVEMENTS PROJECT TRINITY RIVER PIPELINE CROSSING AT VILLAGE CREEK PROJECT SCHEDULE OF HOURLY BILLING RATES HOURLY CATEGORIES RATES PROFESSIONAL SERVICES: OFFICER $ 210.00 SENIOR PROFESSIONAL $ 180.00 PROFESSIONAL II $ 130.00 PROFESSIONAL I $ 80.00 RESIDENT PROJECT REPRESENTATIVE SERVICES SENIOR CONSTRUCTION MANAGER $ 135.00 SENIOR CONSTRUCTION INSPECTOR $ 115.00 PROFESSIONAL SUPPORT SERVICES SENIOR SUPPORT SERVICES $ 85.00 STAFF SUPPORT SERVICES $ 70.00 PROJECT SUPPORT SERVICES PROJECT ADMINISTRATION $ 50.00 All subconsultant and other project related expenses are subject to a minimum handling/administrative charge of 15%. I RECORD F� � °ky Exhibit B-1 9/23 002 � a� ern _o LL « « LL Y T O r U � S A 2 ^� 4 2 � o :m mea $ a o N Y� 90 U � u IL � O g � 8 N Cb N A m 1-F u ¢Q E 2 8 J = A� Q m88N amy U ♦ ~ Ir U g IS SLA'« o:e» y n nD" r q •• O DO f °O « M Q 0 L w Up E a °S m U p' N mw c c o L Ywl 3 tl ° c �F 4 Z w N LO w N Q D T A L d Y t Y to U N = 8 E O W ° In LL O • L S a E N V L. gLU � In $g .D a �+ H f City of Fort Worth, Texas Mayorand Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/30/02 C-19179 60HIGH 1 of 2 SUBJECT ENGINEERING AGREEMENT WITH CAMP, DRESSER & MCKEE, INC. FOR CONSTRUCTION MANAGEMENT OF THE VILLAGE CREEK WASTEWATER TREATMENT PLANT HIGH RATE CLARIFICATION PROJECT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Camp, Dresser & McKee, Inc. for construction management of the Village Creek Wastewater Treatment Plant High Rate Clarification Project, for a total fee not to exceed $1,807,131. DISCUSSION: On August 3, 1999 (M&C C-17566), the City Council authorized the execution of an engineering agreement with Camp, Dresser & McKee, Inc. for preparation of plans and specifications for the Village Creek Wastewater Treatment Plant (VCWWTP) High Flow Treatment Facilities. These facilities will provide a high rate clarification (HRC) process to meet the current U.S. Environmental Protection Agency (EPA) approved plant discharge permit during high flow events. This is an innovative treatment process that is less expensive than construction of conventional wastewater treatment processes and better suited to treat wet weather flows. The EPA also awarded a construction grant in the amount of $950,200 for this project. This project will require the construction of a new gravity belt thickener facility, the HRC unit with associated chemical feed systems and influent pump, and a new screening building to provide preliminary treatment. The total estimated costs associated with these projects is $37 million. Camp, Dresser & McKee Inc. proposes to provide construction management services during the construction phase which will include an on-site construction management team to administer the construction contract, full-time inspection, project management/administration, review of contractor's submittals, and preparation of change orders, record drawings, and operation and maintenance manuals. Camp Dresser & McKee, Inc. is in compliance with the City's M/WBE Ordinance by committing to 14% M/WBE participation. The City's goal on this project is 14%. City of Fort Worth, Texas Mayor and Council Comm u n ication 1 DATE REFERENCE NUMBER LOG NAME PAGE 7/30/02 C-19179 60HIGH 2 of 2 SUBJECT ENGINEERING AGREEMENT WITH CAMP, DRESSER & MCKEE, INC. FOR CONSTRUCTION MANAGEMENT OF THE VILLAGE CREEK WASTEWATER TREATMENT PLANT HIGH RATE CLARIFICATION PROJECT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. MO:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 6122 Originating Department Head: Dale Fisseler 8207 (from) APPROVED 07/30/02 P172 531200 070172301030 $1,807,131.00 Additional Information Contact: Dale Fisseler 8207