21 - Agreement for Third Party Engineering Audit Services of the 2013 Utility Bond Package #4 with Alfred Benesch & CompanyItem No. 21
Memorandum
TO: Mayor & City Council
FROM: Grayson Path, City Manager
SUBJECT: Alfred Benesch & Company
Third Party Engineering Audit Agreement
DATE: December 14, 2020
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At the October 12, 2020 City Council Meeting, the City Council agreed that they would like to
meet with a qualified engineering firm to consider developing a scope of service to audit the Utility
Bond Project — Package #4.
At the November 9, 2020 City Council Meeting, the City Manager presented Alfred Benesch &
Company (`Benesch"), represented by Jeff Sockel, PE, and Tim O'Brian, PE, as a qualified and
experienced engineering firm in large water/sewer projects as a potential firm for the City Council
to consider in auditing the Package #4 Project. Mr. Sockel and Mr. O'Brian gave a presentation
regarding their qualifications and briefly discussed options and ideas for pursuing an audit of the
Package #4 Project. The City Council then authorized the City Manager to negotiate an Agreement
and Scope of Service to bring back to the City Council for their review and consideration.
STATUS OF ISSUE:
The City Manager has negotiated a Scope of Service with Benesch. Said Scope of Service and the
Professional Service Agreement are attached to this Memorandum for the City Council's review
and consideration tonight.
The Agreement is a template Engineering Agreement with modifications as requested by the City
Attorney.
The Scope of Service consists of the following process: Benesch will meet with a subcommittee
of the City Council to identify key project issues known by the subcommittee as well as
recommend possible areas for auditing based on their experience with similar projects, to serve as
the focus of the audit. Areas of concern can consist of specific portions of the project (ex:
MLK/17th Street). From this list, five (5) primary categories will be created in addition to a sixth
category that will consist of common/generic issues normal to projects such as ours. Of the five
priority categories, Benesch will audit the common category as well as the top two (2) priority
categories. Once the top two priority categories and common category are audited, Benesch will
provide their findings and the City will be given the opportunity to either consider the audit
complete or proceed on to the final three (3) priority categories (or a subset of these three). To
audit the categories, Benesch will review all available documents, particularly the contract, field
notes and available correspondence. From this, they will identify the available facts of the project
to base their findings on. If the City Council asks that any of the final three categories be audited,
Benesch will continue until completion. Upon conclusion of the requested audits, Benesch will
provide a final report to the City Council.
BUDGET:
The Proposed Scope of Service is an hourly rate, Not -to -Exceed $101,630.00, this allows us to
reap the savings of hours not used in the contract. Benesch has provided for us an itemized
estimate of hours by task. Specifically looking at Task 2, Priority Topics #3, #4, and #5, if pursued,
would each cost approximately $8,000.00 to complete ($24k in total), thus if the City Council does
not pursue these three categories, that is direct savings in the contract. As for the overall audit,
Benesch will only bill for hours and expense used up to the total max of the contract.
The City Manager and Finance Director have examined the remaining funding in the Utility Bonds.
There does appear to be funding available to cover this expense as discussed below:
Remaining Funding Available
1. GO Bonds 2013 $0.00
2. GO Bonds 2016 $2,626,660.91
3. GO Bonds 2018 $1.404.259.68
4. Total $4,030,920.59
Remaining Known Expense (Estimate)
1.
Oscar Renda
$2,332,794.00
2.
Braun
$105,100.10
3.
EST
$200,000.00
4.
AECOM
$100.000.00
5.
Total
$2,737,894.10
Based on Contract vs. Expense to -date*
Based on Contract vs. Expense to -date"
Placeholder* * *
Placeholder* * *
* Oscar Renda Contract was $23,668,478.38 and we have expended to -date (10/31/2020)
$21,335,684.38. There have been Change Orders along the way not accounted for in this figure,
but it is our current understanding that the net difference will not exceed the contract amount,
therefore the maximum remaining potential expense is $2,332,794.00.
** Braun has provided material testing. The contract amount was for $218,502.50 and we have
expended $113,402.40 to -date. Same reasoning as with ORC, the maximum potential remaining
is $105,100.10.
*** EST has provided third party inspection and construction oversight. The City has spent
$862,800.68 to -date. The project is not complete, therefore an estimate figure of $200,000.00 has
been added for now. Without any remaining institutional knowledge on staff by way of City
Manager, City Engineer, and/or Public Works Director prior to the existing City Manager and
PWD (City Engineer position is vacant), this is strictly a best guess for a placeholder.
* * * * AECOM has provided design services for most all of the City's package projects, not just
Package #4. The City has spent $4,416,176.05 to -date which has exceeded the contract of
$4,360,000.00. Again, a placeholder of $100,000.00 has been used for lack of institutional
knowledge to work with. The City Manager will need more time to examine why this contract has
been exceeded, but it may be due to Package #4 exceeding its due date.
Difference
1. Available Funding $4,030,920.59
2. Estimated Expense $2,737.894.10
3. Total Available $1,293,026.49
Even with some of the guesses that have been made to develop these estimates, it does appear quite
likely that the City will have the necessary funds needed to fund the Benesch Audit. Given the
complexity of this project and the current staffing situation, the City Manager cannot guarantee
the accuracy of the above estimates, but reasoning suggests that there will in fact be more than
enough funding available to cover the audit.
OPTIONS:
Item #1 — Agreement and Scope of Service
1. Approve the Agreement and Scope of Service as drafted with Alfred Benesch & Company
for Third Party Engineering Audit Services of the Package #4 Project and authorize the
City Manager to sign.
2. Request edits and/or more information to be brought back at a future council meeting.
3. Reject the Agreement and/or Scope of Service and advise the City Manager as to next
steps.
Item #2 — City Council Subcommittee
Assuming the City Council approves the Agreement and Scope of Service above, a City Council
Subcommittee is needed to work with Benesch. This Subcommittee will consist of three (3) City
Council Members, the City Manager, the Public Works Director, and any other City Officials as
requested by the City Council. The City Council must identify three of its own members who can
represent the City Council and work with Benesch to identify key issues to focus the Audit.
RECOMMENDATION:
1. Approve the Agreement and Scope of Service as drafted with Alfred Benesch & Company
for Third Party Engineering Audit Services of the Package #4 Project and authorize the
City Manager to sign.
2. City Council to select three (3) Councilmembers to serve on the Subcommittee.
PP blenesch
CONSULTING SERVICES AGREEMENT
CLIENT Ci of Paris, TX
Address 135 SE 1st Street
PO Box 9037
Paris, TX 75461
Client Contact
Client Job No.
Project Name Utili Bond
Benesch Third Partv Eneine
Audit
Consultant PM Jeff Sockel, PE
Consultant Job No. 00120697.00
#4
hereinafter called "Consultant", for betweprofesen of Paris,. TX, hereinafter called "Client," and Alfred Benesch & Company,
This Agreement is made b and between Cit
nal consulting services as specified herein. Consultant agrees to provide
Client with requested consulting services more specifically described as follows (or shown in Attachment A):
See Attachment A t'attached)„ ..........
The General Conditions and the following Attachments are hereby made a part of the Agreement:
® Attachment A: Scope of Services and Fee Estimate
❑ Attachment B: Schedule of Unit Rates
❑ Attachment C:
or
❑ Exhibit A: Work Authorizations specifying Method of Payment, Scope, and Fee
By signing this Agreement, Client acknowledges that it has read and fully understands this Agreement and all attachments
thereto. Client further agrees to pay Consultant for services described herein upon receipt of invoice by Client for the
Consultant's estimated fee as described below:
❑ By Lump Sum: $
® By Time and Materials: $1016_30.00.
❑ By Other Payment Method (See Attachment �: $
❑ As shown on serially numbered Work Authorizations Using Exhibit A
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement:
CLIENT ALFRED BENESCH &COMPANY
BY: BY: f
AUTHORIZED REPRESENTATIVE A 1O REPRESENTAT9V
PRINT NAME: PRINT NAME: Jeffem A. Socket PE
TITLE: TITLE: Sr Vice President / Sr Project Mana ter
DATE: 20—DATE: December 8 , 2020
BENESCH OFFICE: Omaha
ADDRESS: 14748 West Center Rd, Suite 200
Omaha . NE 68144
PLEASE SIGN AND RETURN ONE COPY TO ALFRED BENESCH & COMPANY (ADDRESS ABOVE).
STANDARD TERMS AND CONDITIONS
SECTION 1 — Services by Consultant
1.1 General
Consultant shall provide services under this Agreement
only upon request of the Client, and only to the extent
defined and required by the Client. These services may
include the use of outside services, outside testing
laboratories, and special equipment.
Attachments to this Agreement are as identified on the
signature page to this Agreement or using serially
numbered Work Authorizations, and with these GENERAL
CONDITIONS, are all as attached hereto, and made a part
of this Agreement.
1.2 Sco a of Services and Fees
The services to be performed by Consultant and the
associated fee are attached hereto and made a part of this
Agreement or by using serially numbered Work
Authorizations, all as identified on the signature page to this
Agreement, and shall be performed by the Consultant in
accordance with the Client's requirements. The Scope of
Services and Fee Estimate (Attachment A) is valid for sixty
(60) days, after which Consultant reserves the right to
revise the Scope or Fee Estimate.
It is mutually understood that Consultant's fee is not a firm
contractual amount, except the total fee by the Consultant
shall not be exceeded unless authorized in writing by the
Client. The intent of the Scope of Services is to identify the
services to be provided by Consultant. However, it is
specifically understood that by written notice to Consultant,
Client can decrease or, with concurrence of Consultant,
increase the Scope of Services.
SECTION 2 — Payments to Consultant
2.1 Method of Payment
Payment for Consultant's personnel services and direct
expenses shall be based on the Method of Payment which
is identified on the signature page to this Agreement or
serially numbered Work Authorizations, attached hereto,
and made a part of this Agreement.
2.2 Pa ment for Personnel Services,
2.2.1 Payment
Payment for the services rendered by Consultant's
personnel shall be based on the hours of chargeable time
and in accordance with Consultant's Schedule of Unit
Rates, which is identified on the signature page to this
Agreement and attached hereto, and made a part of this
Agreement.
2.2.2 Chargeable Time
Chargeable time for Consultant's personnel is that portion
of their time devoted to providing services requested by
Client. Chargeable time for field personnel located away
from Consultant's office for more than one week is a
minimum of eight hours per day and five days per calendar
week, except for Consultant observed legal holidays or
during an employee's sick leave or vacation time. Travel
City of Paris, TX Consulting Svcs Agrmnt
December 2020
time from Consultant's office to an assigned work site, and
return to Consultants office, is chargeable time; or if more
economical for Client, Consultant shall lodge its personnel
overnight near the work site in lieu of traveling back to
Consultant's office at the end of each work day.
2.2.3 Overtime Rates
The basis for payment to Consultant for each hour worked
in excess of forty (40) hours in any calendar week shall be
the applicable hourly rate as specified in the Schedule of
Unit Rates.
2.3 Payment for Direct Expenses
2.3.1 Payment
For Direct Expenses incurred by Consultant, payment to
Consultant by the Client shall be in accordance with
Consultant's Schedule of Unit Rates.
2.3.2 Direct Expenses
For the purposes of this Agreement, Direct Expenses to be
contracted and managed by Consultant and payable by
Client to Consultant shall include: Outside Services
including the services and reimbursable expenses for firms
other than Consultant which are necessary for the work the
Consultant is directed to perform; Laboratory Tests and
related reports necessary for the work the Consultant is
directed to perform, either by the Consultant or by an
outside service for the Consultant; Special Equipment
expenses including the costs of the Consultant locating,
acquiring, leasing, or renting any equipment or facilities not
currently owned, leased, or rented by Consultant at the time
of the request for services which are necessary to enable
Consultant to provide the services requested; vehicles
furnished by Consultant for Consultant's authorized travels
and for Consultant's field personnel; Per Diem expense or
actual costs of maintaining Consultant's field personnel on
or near the Project site, for each day of field assignment
away from Consultant's office; and Other Direct Expenses
associated with all services provided hereunder and
identified in the Schedule of Unit Rates.
2.4 Pavement Conditions,
2.4.1 Consultant shall submit monthly invoices for
all personnel services and direct expenses under this
Agreement and a final invoice upon completion of services.
2.4.2 Invoices are due and payable upon receipt
by Client. Interest at a rate of 1.5% per month, or the
maximum allowed by law, will be charged on all past due
amounts starting thirty (30) days after date of invoice.
Payments will first be credited to interest and then to
principal.
2.4.3 In the event of a disputed or contested
invoice, Client must provide written notice to Consultant
within ten (10) days of the date of any invoice, otherwise the
invoice will be considered to be correct. In the event Client
timely submits in writing a dispute on a particular invoice,
only that portion so contested will be withheld from payment
and the Client will pay the undisputed portion. No interest
will accrue on any reasonably contested portion of the
invoice until mutually resolved.
2.4.4 If Client fails to make payment in full to
Consultant of amounts owed pursuant to this Section 2
within forty-five (45) days of the date of the invoice,
Consultant may, after giving seven (7) days' written notice
to Client, suspend services under this Agreement until paid
in full, including interest. Consultant shall have no liability
to Client for delays or damages caused by such suspension
of services. Client agrees to pay all costs of collection,
including reasonable attorney's fees, incurred by
Consultant as a result of Client's failure to make payments
in accordance with this Agreement. No final plans,
documents or reports will be released for any purpose until
Consultant has been paid in full.
2.4.5 The billing rates specified in the Schedule of
Unit Rates for subsequent years shall be adjusted annually
in accordance with Consultant's costs of doing business,
subject to Client's review and concurrence.
SECTION 3 - Term of Agreement
3.1 Term
Consultant's obligations to perform under this Agreement
shall extend from the date of execution until terminated by
either party.
3.2 Abandonment of Work,
Client shall have the absolute right to abandon any work
requested hereunder or to change the general scope of the
work at any time, and such action on its part shall in no
event be deemed a breach of contract.
3.3 Termination of Agreement
3.3.1 Termination with Cause
The obligation to provide further services under this
Agreement may be terminated with cause by either party by
written notice stating the basis for the termination and
providing 7 days to cure. The termination will be effective
seven (7) days after delivery of written notice thereof if the
basis for the termination has not been cured. In the event
of termination by Consultant caused by failure of the Client
to perform in accordance with the terms of this Agreement,
Client shall pay for all services performed prior to the
effective date of the termination, including all project
termination expenses, collection fees and legal expenses.
Consultant shall prepare a progress report, including
information as to all the services performed by Consultant
and the status of the services as of the date of the
termination, and provide information and documents
developed under the terms of this Agreement to the Client
upon receipt of final payment. In the event of termination
by the Client caused by failure by Consultant to perform in
accordance with the terms of this Agreement, Consultant
shall prepare a progress report, including information as to_
all the services performed by Consultant and the status of
the services as of the date of the termination and provide
information and documents developed under the terms of
this Agreement to the Client. Upon receipt of all other
information and documents, Client shall pay Consultant for
services performed prior to the effective date of the
termination.
3.3.2 Termination without Cause
Either parry may, at its sole discretion, terminate this
City of Paris, TX Consulting Svcs Agrmm
December 2020
Agreement without cause at any time. In the event of such
termination, the terminating party will promptly notify and
confirm the termination in writing to the other party. The
termination will be effective seven (7) days after delivery of
written notice thereof. Upon termination, Consultant shall
prepare a progress report, including information as to all the
services performed by Consultant and the status of the
services as of the date of the termination, and provide
information and documents developed under the terms of
this Agreement to the Client upon receipt of final payment.
3.4 Payment for Work Upon Abandonment or
Agreement Termination
If Client abandons requested work or terminates this
Agreement, Consultant shall be paid on the basis of work
completed to the date of abandonment or effective date of
termination. Consultant shall perform no activities other
than reasonable wrap-up activities after receipt of notice of
abandonment or termination. Payment for the work shall
be as established under Section II.
SECTION 4 - General Considerations
4.1 Assignment and Res ponsIkW for Personnel
4.1.1 The assignment of personnel and all phases
of the undertaking of the services which Consultant shall
provide hereunder shall be subject to the oversight and
general guidance of Client.
4.1.2 While upon the premises of Client or property
under its control, all employees, agents, and
subconsultants of Consultant shall be subject to Client's
rules and regulations respecting its property and the
conduct of its employees thereon.
4.1.3 However, it is understood and agreed that in
the performance of the work and obligations hereunder,
Consultant shall be and remain an independent Consultant
and that the employees, agents or subconsultants of
Consultant shall not be considered employees of or subject
to the direction and control of Client. Consultant shall be
responsible for the supervision and performance of all
subconsultants which are to perform hereunder.
4.2 Insurance
4.2.1 Consultant shall furnish Client a certificate of
insurance upon request showing amounts and types of
insurance carried by Consultant, which certificate shall
contain a commitment by the Insurance Company that
during the time any work is being performed by Consultant
under this Agreement it will give Client notice of cancellation
or non -renewal of the insurance coverage shown on such
certificates in accordance with policy provisions.
4.2.2 Any construction contracts relative to
Consultant's Services shall require that the Client and
Consultant be included as additional insureds on the
contractor's and contractor's subcontractors' commercial
general liability and commercial automobile liability
insurance policies and that the coverage afforded Client
and Consultant is primary to any insurance maintained by
Client or Consultant and that Client and Consultant's
insurance is non-contributory with any coverage afforded by
contractor and subcontractors. Client will also require
contractor and all subcontractors to purchase and maintain
workers' compensation and employer's liability insurance.
Consultant will name the Client as additional insured on
Consultant's commercial general liability insurance.
4.3 Successors and Assigns
4.3.1 Client and Consultant each binds itself and
its partners, successors, executors, administrators,
assigns, and legal representatives to the other parry to this
Agreement and to the partners, successors, executors,
administrators, assigns, and legal representatives of such
other party, in respect to all covenants, agreements, and
obligations of this Agreement.
4.3.2 Neither Consultant nor Client shall assign or
transfer any rights under or interest in (including, butwithout
limitation, moneys that may become due or moneys that are
due) this Agreement without the written consent of the other
party, except as stated in paragraph 4.3.1 and except to the
extent that the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under
this Agreement. Nothing contained in this paragraph shall
prevent Consultant from employing such independent
consultants, associates, and subconsultants as it may
deem appropriate to assist in the performance of services
hereunder.
4.3.3 Nothing herein shall be construed to give any
rights or benefits hereunder to any one other than Client
and Consultant except as otherwise provided herein.
4.4 Compliance with Law
4.4.1 Consultant shall exercise the professional
standard of care to comply with, and cause its
subconsultants to comply with, applicable Federal, state,
and local laws, orders, rules, and regulations in effect at the
time services are rendered, and relating to the performance
of the services Consultant is to perform under this
Agreement. If the Scope of Services requires Consultant to
prepare an application for a permit, Consultant does not
represent or warrant that said permit or approval will be
issued by any governmental body.
4.4.2 Neither the Consultant nor the Consultant's
agents or employees shall discriminate against any
employee or applicant for employment to be employed in
the performance of this Agreement with respect to hiring,
tenure, terms, conditions, or privileges of employment,
because of race, color, religion, sex, or national origin.
4.5 Ownership and Reuse of Documents
4.5.1 All drawings, specifications, test reports, and
other materials and work products which have been
prepared or furnished by Client prior to this Agreement shall
remain Client's property. Consultant shall be permitted to
rely on Client furnished documents and Client shall make
available to Consultant copies of these materials as
necessary for the Consultant to perform the services
requested hereunder.
4.5.2 All drawings, specifications, test reports, and
other materials and work products, including computer
aided drawings, designs, and other data filed on electronic
media which will be prepared or furnished by Consultant
(and Consultant's independent professional associates and
subconsultants) under this Agreement, are instruments of
City of Paris, TX Consulting Svcs Agmmt
December 2020
service in respect to the Project and Consultant shall retain
an ownership and property interest therein whether or not
the Project is completed. Client may make and retain
copies for information and reference in connection with the
use and the occupancy of the Project by Client and others;
however, such documents are not intended or represented
to be suitable for reuse by Client or others acting on behalf
of Client on extensions of the Project or on any other
project. Further, Consultant makes no warranty as to the
compatibility of computer data files with computer software
and software releases other than that used by Consultant
in performing services herein, and to the condition or
availability of the computer data after an acceptance period
of thirty (30) days from delivery to Client. Any reuse without
written verification or adaptation by Consultant for the
specific purpose intended will be at Client's sole risk and
without liability or legal exposure to Consultant or to
Consultant's independent professional associates or
subconsultants, and Client shall indemnify and hold
harmless Consultant and Consultant's independent
professional associates and subconsultants from all claims,
damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom. Any such verification
or adaptation will entitle Consultant to further compensation
at rates to be agreed upon by Client and Consultant.
4.6 Consultant's Personnel at Project Site
4.6.1 The presence or duties of the Consultant
personnel at a Project site, whether as onsite
representatives or otherwise, do not make the Consultant
or its personnel in any way responsible for those duties that
belong to the Client and/or the 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
project documents and any health or safety precautions
required by such construction work. The Consultant 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 and have no duty for inspecting, noting,
observing, correcting, or reporting on health or safety
deficiencies of the construction contractor or other entity or
any other persons at the site except Consultant's own
personnel.
4.6.2 To the extent Consultant's Scope of Work
includes construction observation, the Consultant shall
keep the Owner reasonably informed about the progress
and quality of the portion of the Work completed, and report
to the Owner (1) known deviations from the Contract
Documents and from the most recent construction schedule
submitted by the Contractor, and (2) defects and
deficiencies observed in the Work. Consultant neither
guarantees the performance of the contractor(s) nor
assumes responsibility for contractor(s)' failure to perform
their work in accordance with the project documents.
4.7 O inions of Cost Financial Considerations and
Schedules
In providing opinions of cost, financial analyses, economic
feasibility projections, and schedules for the Project, the
Consultant has no control over the cost of labor, materials,
equipment, or services furnished by others, or over the
Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions. Consultant's
opinions of probable Total Project Costs and Construction
Costs provided for herein as appropriate are made on the
basis of Consultant's experience and qualifications and
represent Consultant's judgments as an experienced and
qualified professional consultant familiar with the
construction industry. Consultant makes no warranty that
the Client's actual Total Project or Construction Costs,
financial aspects, economic feasibility, or schedules will not
vary from the Consultant's opinions, analyses, projections,
or estimates. If Client wishes greater assurance as to any
element of the Total Project or Construction cost, feasibility,
or schedule, Client will employ an independent cost
estimator, contractor, or other appropriate advisor.
4.8 Discovery of Unantici ated Pollutant and
Hazardous Substance Risks
4.8.1 If Consultant, while performing the services,
discovers pollutants and/or hazardous substances that
pose unanticipated risks, it is hereby agreed that the scope
of services, schedule, and the estimated cost of
Consultant's services will be reconsidered and that this
Agreement shall immediately become subject to
renegotiation or termination.
4.8.2 In the event that the Agreement is terminated
because of the discovery of pollutants and/or hazardous
substances posing unanticipated risks, it is agreed that
Consultant shall be paid for its total charges for labor
performed and reimbursable charges incurred to the date of
termination of this Agreement, including, if necessary, any
additional labor or reimbursable charges incurred in
demobilizing.
4.8.3 Client also agrees that the discovery of
unanticipated pollutants and/or hazardous substances may
make it necessary for Consultant to take immediate
measures to protect health and safety. Consultant agrees
to notify Client as soon as practically possible should
unanticipated pollutants and/or hazardous substances be
suspected or encountered. Client authorizes Consultant to
take measures that in Consultant's sole judgment are
justified to preserve and protect the health and safety of
Consultant's personnel and the public. Client agrees to
compensate Consultant for the additional cost of taking
such additional precautionary measures to protect
employees' and the public's health and safety. This section
is not intended to impose upon Consultant any duties or
obligations other than those imposed by law.
SECTION 5 - Professional Responsibility
5.1 Performance of Services
Consultant shall perform its services consistent with the
professional skill and care ordinarily provided by firms
practicing in the same or similar locality under the same or
similar circumstances (hereinafter the "Standard of Care").
City of Paris, TX Consulting Svcs Agmmt
December 2020
Consultant expressly disclaims all express or implied
warranties and guarantees with respect to the performance
of professional services, and it is agreed that the quality of
such services shall be judged solely as to whether the
services were performed consistent with the Standard of
Care. Consultant owes Client only that level of performance
defined in this Section 5.1, and nothing herein shall be
construed as creating a fiduciary relationship.
If at any time prior to construction Client believes
Consultant's services are deficient due to not meeting the
Standard of Care, Client must immediately inform
Consultant in writing and shall afford Consultant the
opportunity to correct such deficiency. If, upon review by
Consultant it is determined there is a deficiency that fails to
meet the standard of care and it is attributable to
Consultant, the deficiency shall be corrected at no
additional cost to Client.
5.2 Limitation of L!lW#11
Client and Consultant agree to allocate certain of the risks
so that, to the fullest extent permitted by law, Consultant's
total liability to Client is limited to the amount paid under the
contract or $50,000 whichever is greater, this being the
Client's sole and exclusive remedy for any and all injuries,
damages, claims, losses, expenses, or claim expenses
(including attorney's fees) arising out of this Agreement
from any cause or causes. Such causes include, but are
not limited to, Consultant's negligence, errors, omissions,
strict liability, breach of contract, or breach of warranty.
5.3 No Special or Consequential Damages
Client and Consultant agree that to the fullest extent
permitted by law neither party shall be liable to the other for
any special, indirect, or consequential damages
whatsoever, whether caused by either party's negligence,
errors, omissions, strict liability, breach of contract, breach
of warranty, or other cause or causes.
5.4 Indemnification
TO THE FULLEST EXTENT PERMITTED BY LAW,
CLIENT AND CONSULTANT MUTUALLY AGREE TO
INDEMNIFY AND HOLD EACH OTHER HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS,
DAMAGES, LOSSES AND EXPENSES, DEFENSE
COSTS INCLUDING REASONABLE ATTORNEYS'
FEES, AND COURT OR ARBITRATION COSTS AND
OTHER LIABILITIES ARISING FROM THEIR OWN
NEGLIGENT ACTS, ERRORS OR OMISSIONS IN
PERFORMANCE OF THEIR SERVICES UNDER THIS
AGREEMENT, BUT ONLY TO THE EXTENT CAUSED
THAT EACH PARTY IS RESPONSIBLE FOR SUCH
DAMAGES, LIABILITIES AND COSTS ON A
COMPARATIVE BASIS OF FAULT.
5.5 No Third Pagy Beneficiaries
Client and Consultant expressly agree that this Agreement
does not confer upon any third party any rights as
beneficiary to this Agreement. Consultant accepts no
responsibility for damages, if any, suffered by any third
party as the result of a third party's use of the work product,
including reliance, decisions, or any other action taken
based upon it.
Client agrees that Consultant's services and work products
are for the exclusive present use of Client. Client agrees
that Consultant's compliance with any request by Client to
address or otherwise release any portion of the work
product to a third party shall not modify, rescind, waive, or
otherwise alter provisions of this Agreement nor does it
create or confer any third party beneficiary rights on any
third party.
SECTION 6 - Miscellaneous Provisions
6.1 Notices
Any notice to either party herein shall be in writing and shall
be served either personally or by registered or certified mail
addressed to the signing party shown on the signature
page.
6.2 Joint Preparation
For purposes of contract interpretation and for the purpose
of resolving any ambiguity in this Agreement, the parties
agree that this Agreement was prepared jointly by them
and/or their respective attorneys.
6.3 Headintps
Headings used in this Agreement are for the convenience
of reference only and shall not affect the construction of this
Agreement
6.4 Severability
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
construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
6.5 Dis ute Resolution
If negotiation in good faith fails to resolve a dispute within
thirty (30) days of written notice of the dispute by either
party, then the parties agree that, with the exception of
claims that are subject to the applicable venue's small
claims court jurisdiction, each dispute, claim or controversy
arising from or related to this Agreement or the relationships
which result from this Agreement shall be subject to
mediation as a condition precedent to initiating legal or
equitable actions by either party. A party requesting
mediation shall notify the other party in writing of the same.
No legal or equitable action may be instituted for a period
of ninety (90) days from the filing of the request for
mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared
equally between the parties and shall be held in a location
mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in
a mediated settlement agreement, which agreement shall
be enforceable as a settlement in any court having
jurisdiction thereof.
During the pendency of any dispute, the parties shall
continue diligently to fulfill their respective obligations
City of Paris, TX Consulting Svcs Agrmnt
December 2020
hereunder. Any dispute not resolved through mediation
shall be subject to litigation in a court of competent
jurisdiction in the state in which the project is located.
6.6 Equal Opportunity
Consultant will, in the performance of this Agreement,
comply with federal, state, and local laws, and all
regulations and orders issued under any applicable law
related to equal employment opportunity, non-
discrimination, or employment generally.
Consultant certifies that it will not knowingly employ or
contract with a non -legal resident of the United States to
perform work under this Agreement, and verifies or
attempts to verify employee eligibility of its employees
through participation in the U.S. Department of Homeland
Security and Social Security Administration's E -Verify
system.
6.7 Governing,Law
This Agreement is to be governed by the laws of the
jurisdiction in which the project is located. For locations
outside of the United States, this Agreement shall be
governed by the laws of the State of Illinois.
6.8 Entire Agreement
This Agreement, along with those documents specified,
attached, or hereby cited together, and serially numbered
Work Authorizations if used, constitute the entire
Agreement between the parties hereto and no changes,
modifications, extensions, terminations, or waivers of this
Agreement, or other documents, or any of the provisions
herein, or therein contained, shall be valid unless made in
writing and signed by duly authorized representatives of
both parties.
6.9 Non -Discrimination Re ardin the State of Israel
As required by Texas law, by signing this Agreement,
Consultant hereby certifies that it does not and will not
undertake business practices which discriminate in any way
against the State of Israel.
SUPPLEMENTAL CONDITIONS FOR SURVEY ENVIRONMENTAL OR GEOTECHNICAL SERVICES
❑ Supplemental Condition is incorporated herein when the applicable box is checked.
❑ S.1 Location of Under round Utilities,
It shall be the Client's responsibility to locate and
physically mark all underground utilities and structures
which lie within the work area prior to the start of
subsurface investigations. If the Client elects not to
assume this responsibility, Client shall notify
Consultant and shall compensate Consultant for all
costs associated with locating and physically marking
said underground utilities and structures over and
above the estimated project fee. Client shall indemnify
and hold Consultant harmless from any damages and
delays resulting from unmarked or improperly marked
underground utilities and structures. For reasons of
safety, Consultant will not begin work until this has
been accomplished.
II S.2 Subsurface Investigations
In soils, foundation, groundwater, and other
subsurface investigations, the actual characteristics
might 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
Project cost and/or execution. These conditions and
costlexecution effects are not the responsibility of the
Consultant.
❑ S.3 Disposition of Sam les and E ui ment
S.3.1 Disposition of Samples
No samples and/or materials will be kept by Consultant
City of Paris, TX Consulting Svcs Agnnnt
December 2020
longer than thirty (30) days after submission of the final
report unless agreed otherwise.
S.3.2 Hazardous or Potentially Hazardous
Samples and Materials
In the event that samples and/or materials contain or
are suspected to contain substances or constituents
hazardous or detrimental to health, safety, or the
environment as defined by federal, state, or local
statutes, regulations, or ordinances, Consultant will,
after completion of testing, return such samples and
materials to Client, or have the samples and materials
disposed of in accordance with Client's directions and
all applicable laws. Client agrees to pay all costs
associated with the storage, transportation, and
disposal of samples and materials. Client recognizes
and agrees that Consultant at no time assumes title to
said samples and materials, and shall have no
responsibility as a handler, generator, operator,
transporter, or disposer of said samples and materials.
S.3.3 Contaminated Equipment
All laboratory and field equipment contaminated in
Consultant's performance of services will be cleaned at
Client's expense. Contaminated consumables will be
disposed of and replaced at Client's expense.
Equipment (including tools) which cannot be
reasonably decontaminated shall become the property
and responsibility of Client. At Client's expense, such
equipment shall be delivered to Client, or disposed of
in the same manner specified in S.3.2 above. Client
agrees to pay Consultant the fair market value of any
such equipment which cannot reasonably be
decontaminated and is delivered to Client pursuant to
this Agreement.
PROJECT NO.
%� benesch
EXHIBIT A
WORK AUTHORIZATION NO.
DATE , 20
PROJECT NAME
CLIENT
CLIENT PM CONSULTANT PM
PHONE NO. _ PHONE NO.
SCOPE OF SERVICES
This WORK AUTHORIZATION Number , with the Agreement dated .20
between , herein called Client and Alfred Benesch & Company herein called Consultant, constitutes the
express authority given Consultant by Client to do work as follows (or as shown in Attachment A):
The following are attached to and hereby made a part of this Work Authorization:
❑ Attachment A: Scope of Services and Fee Estimate
❑ Attachment B: Schedule of Unit Rates
FEE ESTIMATE
CONSULTANT will perform the Scope of Services described above or in Attachment A, and invoice monthly as
noted below in accordance with the selected payment method:
BY:
Client will pay a Fee based on a Time and Materials not to exceed $ and invoice using
Attachment B: Schedule of Unit Billing Rates.
Client will pay a Lump Sum Fee of $ and invoice using a percentage completed basis.
Client will pay by another method as described:
CLIENT
AUTHORIZED REPRESENTATIVE
PRINT NAME:
TITLE:
BY:
ALFRED BENESCH & COMPANY
AUTHORIZED REPRESENTATIVE
PRINT NAME:
TITLE:
DATE: 20, DATE: , 20-
BENESCH OFFICE:
ADDRESS:
PLEASE SIGN AND RETURN ONE COPY TO ALFRED BENESCH & COMPANY (ADDRESS ABOVE).
City of Paris, TX Consulting Svcs WA
December 2020
CONSULTANT SCOPE OF SERVICES
UTILITY BOND PROJECT — PACKAGE #4
BENESCH THIRD PARTY ENGINEERING AUDIT
November 23, 2020
OVERVIEW,
Attachment "A"
Alfred Benesch & Company (Benesch) proposes to provide the professional services related to
an engineering audit of the City of Paris, TX (City) 2013 Utility Bond Project — Package #4. It is
Benesch's understanding that the purpose of this audit is to review available project
information to gather records and factual information related to the planning, design, and
construction of the project to address questions and concerns raised regarding the overall
project execution and final product. Benesch further understands this scope of work is not
intended for Benesch to render an opinion on any errors, fault or blame of any party involved in
the execution of this project. Parties associated with this project are identified as the City;
AECOM; EST, Inc.; and Oscar Renda Contracting, Inc.
We understand this scope of work may be modified to add or reduce tasks or level of effort as
mutually agreed upon and as directed by the City. Any modification that requires work to be
performed beyond the available contract fee limits will be addressed by supplemental
agreement(s).
The professional services provided by Benesch shall be described under the following major
categories:
1. Project Management and Meetings
2. Project Contract and Documents Review for all Parties
3. Information Gathering Related to Areas of Concerns or Questions
4. Preparation of a Summary of Findings
Benesch shall utilize professional staff with a background in local agency infrastructure project
planning, design, and construction activities. Experience and skillset shall be consistent with
the task(s) being performed.
Compensation for professional services shall be on a total Not to Exceed basis with labor time
billed using established hourly billing rates determined based upon Benesch's current standard
billing rates by classification of personnel updated annually. Expense costs (e.g., travel, printing,
etc.) shall be on an actual cost basis without any markup. A list of staff including their
corresponding classification will be provided for review and approval prior to the start of work.
Project related expenses shall be reimbursed at actual cost and Benesch will endeavor to limit
project costs to reasonable levels where possible.
2013 Utility Bond Project — Package #4 Pagel of 5
Engineering Audit
Exhibit "A"
The following shall describe the scope of work related to each of these categories. Services may
be added or deleted upon request. Changes to the total contract amount will be addressed as
indicated above.
TASK 0— PROJECT MANAGEMENT & MEETINGS
This task includes effort for coordination of staff, coordination with the City, progress reports,
invoices, and overall project management. Benesch will prepare for and attend:
• 1 project kick-off meeting (in person).
• Progress meetings held bi-weekly (remote/virtual format).
• 1 presentation of project findings (in person).
It is assumed that meeting initiation, agenda, and notes will be provided by Benesch. On
average, attendance at meetings will include a Project Manager and one Project Engineer. The
following outlines the meeting participants and intent of each proposed meeting or meeting
type:
Project kick-off meeting:
This meeting will be attended by a City Council Project Subcommittee consisting of up
to three (3) representatives of the City Council, any additional City Staff as desired by
the City, and Benesch. The intent of the meeting is to discuss project questions,
concerns, and, following a discussion about each, identify and prioritize specific areas of
focus for Benesch's activities. Additionally, this meeting will establish critical
review/decision-making points in the execution of Benesch's services to allow the City
opportunities to evaluate the need for Benesch services to continue. Prior to this
meeting, Benesch will have completed an initial review of the Scope of Work for each
Project Party and developed a preliminary matrix of roles and responsibilities to be
reviewed and discussed at this meeting.
Progress meetings held bi-weekly:
These meetings will be attended by the City Manager, any additional City Staff as
desired by the City, and Benesch. The intent of this meeting is for Benesch to provide
informal updates on progress, identify data or other information needs, discuss
findings, and identify any follow-up activities or communications needed to achieve
project goals.
Presentation of project findings:
This meeting will be in a forum and with attendees as determined by the City. Benesch
will present a brief overview of the Final Summary of Findings and address any
questions from meeting participants.
2013 Utility Bond Project — Package #4 Page 2 of 5
Engineering Audit
Exhibit "A"
— PROJECT CONTRACT & DOCUMENTS REVIEW
Benesch shall review contract documents and available project records for all parties associated
with the project to determine the following:
• Overview of each Scope of Work.
• Establish Contractual Relationships and Responsibilities between the different
parties.
• Determine potential shared, overlapping, or conflicting roles and
responsibilities.
• Establish an overall Package #4 proposed and actual design and construction
timeline.
• Identify any additional project documents required related to the areas of
concerns or questions to be addressed as part of the audit.
TASK 2 — PROJECT INFORMATION GATHERING
Based upon the areas of concerns or questions identified during the project kick-off meeting,
Benesch shall review available project records to identify relevant information. It is anticipated
that the areas of concern or questions will be focused on up to six (6) primary items. The first
being project details common to multiple areas of the project and the remaining five (5) being
specific project package elements, activities, geographic areas, and/or timeframes.
Information anticipated to be provided and used to compile information potentially relevant to
concerns or questions include:
• Design guidance, recommendations, and decisions.
• Project requirements including phasing, work constraints, temporary and
permanent restoration, and maintenance of traffic and/or access.
• Inspection diaries and test reports.
• Project correspondence.
• Shop drawings and materials submittals.
• Meeting agendas and minutes.
• Progress reports and progress pay estimates.
• Other notes or correspondence.
Review of common project details includes requirements for and execution of maintenance of
traffic and work zone traffic control; materials sourcing and properties; overall project schedule
and timelines for initiation, substantial completion, and final completion of individual project
segments; and requests for additional working days. This review will also summarize changes
to the overall scope of work (areas added or deleted) to include magnitude of the scope
2013 Utility Bond Project — Package #4 Page 3 of 5
Engineering Audit
Exhibit "A"
change, communication and approval process, and impacts to project schedule or allowable
days as detailed in the Contract Documents.
Beyond the review of common project details, Benesch shall also review up to five (5) specific
areas of focus identified and prioritized by the City during the Kick-off meeting. Initially, this
review will focus on the top two (2) areas and will provide details pertinent to each specific
area of focus including contractual roles and responsibilities; actual communication, actions
undertaken, and work performed; and details regarding the completed work and status of
acceptance. A preliminary memorandum of findings will be prepared and submitted to the City
Manager summarizing each specific area of focus prior to initiating further review of any
additional specific areas of focus to allow the City to review and discuss findings to date and
determine if additional investigation into other focus areas is warranted. Upon approval from
the City, Benesch will investigate any or all of the remaining three (3) specific areas of focus.
During the information gathering stages of the initial review, it is anticipated key information
relevant to other identified areas of focus will be noted and categorized for future use as
authorized by the City. Investigation of additional areas may be added to this scope of work by
supplemental agreement upon request.
Benesch will maintain complete transparency throughout the audit process. Benesch will
document interaction with all parties and all information requests will be relayed through City
Staff or requested directly from an individual party only with full knowledge and approval of
City Staff. It is not anticipated to have direct interaction with any member of the general
public.
TASK 3 — SUMMARY OF FINDINGS
Benesch shall prepare a formal summary of findings report to be delivered only to the City. The
report shall:
• Summarize the available project documentation.
• Summarize contractual relationships and responsibilities.
• Summarize and discuss each identified areas of concerns or questions and pertinent
information or documentation related to each concern or question.
• Provide a collection of project meeting minutes.
A review draft of the findings not for public consumption will be presented fifteen (15) business
days prior to the final presentation date. The City shall provide comments on the review draft
six (6) business days prior to the final presentation date. A final summary of findings for official
use and distribution by the City as desired shall be provided three (3) business days prior to the
final presentation date.
2013 Utility Bond Project — Package #4 Page 4 of 5
Engineering Audit
Exhibit "A"
SCHEDULE
Benesch anticipates a Notice to Proceed in January 2021 and expects to complete the required
tasks within 4 months provided information and documentation requests are fulfilled in a
timely manner. The following outlines the anticipated project schedule for key project
elements:
Kev Element Anticipated Date
Notice to Proceed..................................................................................................................January 4, 2021
Initiate Project Document & Contract Review.......................................................................January 4, 2021
Kick -Off Meeting................................................................................................... Week of January 25, 2021
Initiate Review of Common Elements and Specific Focus Areas #1 & #2............................February 1, 2021
Complete Project Document & Contract Review.............................................................. February 12, 2021
Complete Review of Common Elements and Specific Focus Areas #1 & #2 .....................February 19, 2021
Receive City Authorization to Investigate Specific Focus Areas #3, #4, &/or #5 ..................... March 1, 2021
Complete Review Draft of Summary of Findings — all authorized areas ...............................March 29, 2021
Receive City Comments on Review Draft of Summary of Findings ..........................................April 12, 2021
Submit Final Summary of Findings............................................................................................April 21, 2021
Present Summary of Findings to City.......................................................................................April 26, 2021
2013 Utility Bond Project — Package #4 Page 5 of 5
Engineering Audit
CITY OF PARIS UTILITY BOND PROJECT — PACKAGE #4
BENESCH THIRD PARTY ENGINEERING AUDIT
Fee Estimate For Professional Engineering Services
Project Summary
Fee Estimate Summary
Rate
Est.
Estimated
Personnel Classification
WHour
Hours
Cost
Sr Project Manager II
$202.00
70
$14,140.00
Project Manager 1
$162.00
240
$38,880.00
Designer II/Scientist II/Graphics Specialist
$93.00
438
$40,734.00
Project Admin Assistant
$74.00
74
$5,476.00
Subtotal Direct Labor Costs
$99,230.00
Est.
Est.
V
•
Quantity
CL
$500.00
4
$2,400.00
Subtotal Direct Non -Labor Costs
M
l�6
C
H d
21
Total Estimated Not to Exceed Fee
$101,630.00
C'D
dus LL. X
LLj
-a
a
2
=
C
3
OD
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w of
u
Q
3
X
Y.I M
H
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=
ar C
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t~6
3
Task
d
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o
y
�N..,�
�`n
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a
LU
Task 0 Project Management & Meetings
84
15 752.00
Project Management
8
8
Meetings
20
44
R12
76
21,,400
Task 1 Project Contract and Documents Review for all Parties
89
S 10 478.00
Contract Review & Summar
3
16
19
Construction Timeline
2
8
60
70
Task 2 Information GatherinR Related to Areas of Concerns or uestions
520
_1_2,836-00
Contract Records Review
2
24
40
66
Address Common/General Items
2
16
60
8
86
Address Topic #1
2
12
60
8
82
Address Topic #2
2
12
60
8
82
Address Topic #3
8
12
40
8
68
Address Topic #4
8
12
40
8
68
Address To is #5
8
12
40
8
68
Task 3 Preparation of a Summary of Findings
129
17 564.00
Preliminary Re ort
8
40
16 1
10
74
Final Report
1
8
4
4
17
Presentation Develo2iment
4
16
18
38
Project Subtotal
1560$101,630.00
Fee Estimate Summary
Rate
Est.
Estimated
Personnel Classification
WHour
Hours
Cost
Sr Project Manager II
$202.00
70
$14,140.00
Project Manager 1
$162.00
240
$38,880.00
Designer II/Scientist II/Graphics Specialist
$93.00
438
$40,734.00
Project Admin Assistant
$74.00
74
$5,476.00
Subtotal Direct Labor Costs
$99,230.00
Est.
Est.
Direct Non -Labor Costs
Cost
Quantity
Travel Expenses (estimate $600 per trip per person)
$500.00
4
$2,400.00
Subtotal Direct Non -Labor Costs
$2,400.00
Total Estimated Not to Exceed Fee
$101,630.00
CONSULTANT SCOPE OF SERVICES
UTILITY BOND PROJECT — PACKAGE #4
BENESCH THIRD PARTY ENGINEERING AUDIT
November 23, 2020
OVERVIEW
Exhibit "A"
Alfred Benesch & Company (Benesch) proposes to provide the professional services related to
an engineering audit of the City of Paris, TX (City) 2013 Utility Bond Project — Package #4. It is
Benesch's understanding that the purpose of this audit is to review available project
information to gather records and factual information related to the planning, design, and
construction of the project to address questions and concerns raised regarding the overall
project execution and final product. Benesch further understands this scope of work is not
intended for Benesch to render an opinion on any errors, fault or blame of any party involved in
the execution of this project. Parties associated with this project are identified as the City;
AECOM; EST, Inc.; and Oscar Renda Contracting, Inc.
We understand this scope of work may be modified to add or reduce tasks or level of effort as
mutually agreed upon and as directed by the City. Any modification that requires work to be
performed beyond the available contract fee limits will be addressed by supplemental
agreement(s).
The professional services provided by Benesch shall be described under the following major
categories:
1. Project Management and Meetings
2. Project Contract and Documents Review for all Parties
3. Information Gathering Related to Areas of Concerns or Questions
4. Preparation of a Summary of Findings
Benesch shall utilize professional staff with a background in local agency infrastructure project
planning, design, and construction activities. Experience and skillset shall be consistent with
the task(s) being performed.
Compensation for professional services shall be on a total Not to Exceed basis with labor time
billed using established hourly billing rates determined based upon Benesch's current standard
billing rates by classification of personnel updated annually. Expense costs (e.g., travel, printing,
etc.) shall be on an actual cost basis without any markup. A list of staff including their
corresponding classification will be provided for review and approval prior to the start of work.
Project related expenses shall be reimbursed at actual cost and Benesch will endeavor to limit
project costs to reasonable levels where possible.
2013 Utility Bond Project — Package #4 Page 1 of 5
Engineering Audit
Exhibit "A"
The following shall describe the scope of work related to each of these categories. Services may
be added or deleted upon request. Changes to the total contract amount will be addressed as
indicated above.
TASK 0 — PROJECT MANAGEMENT & MEETINGS
This task includes effort for coordination of staff, coordination with the City, progress reports,
invoices, and overall project management. Benesch will prepare for and attend:
• 1 project kick-off meeting (in person).
• Progress meetings held bi-weekly (remote/virtual format).
0 1 presentation of project findings (in person).
It is assumed that meeting initiation, agenda, and notes will be provided by Benesch. On
average, attendance at meetings will include a Project Manager and one Project Engineer. The
following outlines the meeting participants and intent of each proposed meeting or meeting
type:
Project kick-off meeting:
This meeting will be attended by a City Council Project Subcommittee consisting of up
to three (3) representatives of the City Council, any additional City Staff as desired by
the City, and Benesch. The intent of the meeting is to discuss project questions,
concerns, and, following a discussion about each, identify and prioritize specific areas of
focus for Benesch's activities. Additionally, this meeting will establish critical
review/decision-making points in the execution of Benesch's services to allow the City
opportunities to evaluate the need for Benesch services to continue. Prior to this
meeting, Benesch will have completed an initial review of the Scope of Work for each
Project Party and developed a preliminary matrix of roles and responsibilities to be
reviewed and discussed at this meeting.
Progress meetings held bi-weekly:
These meetings will be attended by the City Manager, any additional City Staff as
desired by the City, and Benesch. The intent of this meeting is for Benesch to provide
informal updates on progress, identify data or other information needs, discuss
findings, and identify any follow-up activities or communications needed to achieve
project goals.
Presentation of project findings:
This meeting will be in a forum and with attendees as determined by the City. Benesch
will present a brief overview of the Final Summary of Findings and address any
questions from meeting participants.
2013 Utility Bond Project — Package #4 Page 2 of 5
Engineering Audit
Exhibit "A"
TASK 1— PROJECT CONTRACT & DOCUMENTS REVIEW
Benesch shall review contract documents and available project records for all parties associated
with the project to determine the following:
• Overview of each Scope of Work.
• Establish Contractual Relationships and Responsibilities between the different
parties.
• Determine potential shared, overlapping, or conflicting roles and
responsibilities.
• Establish an overall Package #4 proposed and actual design and construction
timeline.
• Identify any additional project documents required related to the areas of
concerns or questions to be addressed as part of the audit.
TASK 2 — PROJECT INFORMATION GATHERING
Based upon the areas of concerns or questions identified during the project kick-off meeting,
Benesch shall review available project records to identify relevant information. It is anticipated
that the areas of concern or questions will be focused on up to six (6) primary items. The first
being project details common to multiple areas of the project and the remaining five (5) being
specific project package elements, activities, geographic areas, and/or timeframes.
Information anticipated to be provided and used to compile information potentially relevant to
concerns or questions include:
• Design guidance, recommendations, and decisions.
• Project requirements including phasing, work constraints, temporary and
permanent restoration, and maintenance of traffic and/or access.
• Inspection diaries and test reports.
• Project correspondence.
• Shop drawings and materials submittals.
• Meeting agendas and minutes.
• Progress reports and progress pay estimates.
• Other notes or correspondence.
Review of common project details includes requirements for and execution of maintenance of
traffic and work zone traffic control; materials sourcing and properties; overall project schedule
and timelines for initiation, substantial completion, and final completion of individual project
segments; and requests for additional working days. This review will also summarize changes
to the overall scope of work (areas added or deleted) to include magnitude of the scope
2013 Utility Bond Project — Package #4 Page 3 of 5
Engineering Audit
Exhibit "A"
change, communication and approval process, and impacts to project schedule or allowable
days as detailed in the Contract Documents.
Beyond the review of common project details, Benesch shall also review up to five (5) specific
areas of focus identified and prioritized by the City during the Kick-off meeting. Initially, this
review will focus on the top two (2) areas and will provide details pertinent to each specific
area of focus including contractual roles and responsibilities; actual communication, actions
undertaken, and work performed; and details regarding the completed work and status of
acceptance. A preliminary memorandum of findings will be prepared and submitted to the City
Manager summarizing each specific area of focus prior to initiating further review of any
additional specific areas of focus to allow the City to review and discuss findings to date and
determine if additional investigation into other focus areas is warranted. Upon approval from
the City, Benesch will investigate any or all of the remaining three (3) specific areas of focus.
During the information gathering stages of the initial review, it is anticipated key information
relevant to other identified areas of focus will be noted and categorized for future use as
authorized by the City. Investigation of additional areas may be added to this scope of work by
supplemental agreement upon request.
Benesch will maintain complete transparency throughout the audit process. Benesch will
document interaction with all parties and all information requests will be relayed through City
Staff or requested directly from an individual party only with full knowledge and approval of
City Staff. It is not anticipated to have direct interaction with any member of the general
public.
TASK 3—SUMMARY OF FINDINGS
Benesch shall prepare a formal summary of findings report to be delivered only to the City. The
report shall:
• Summarize the available project documentation.
• Summarize contractual relationships and responsibilities.
• Summarize and discuss each identified areas of concerns or questions and pertinent
information or documentation related to each concern or question.
• Provide a collection of project meeting minutes.
A review draft of the findings not for public consumption will be presented fifteen (15) business
days prior to the final presentation date. The City shall provide comments on the review draft
six (6) business days prior to the final presentation date. A final summary of findings for official
use and distribution by the City as desired shall be provided three (3) business days prior to the
final presentation date.
2013 Utility Bond Project — Package #4 Page 4 of 5
Engineering Audit
Exhibit "A"
SCHEDULE
Benesch anticipates a Notice to Proceed in January 2021 and expects to complete the required
tasks within 4 months provided information and documentation requests are fulfilled in a
timely manner. The following outlines the anticipated project schedule for key project
elements:
Key Element Anticipated Date
Notice to Proceed..................................................................................................................January 4, 2021
Initiate Project Document & Contract Review.......................................................................January 4, 2021
Kick -Off Meeting................................................................................................... Week of January 25, 2021
Initiate Review of Common Elements and Specific Focus Areas #1 & #2............................February 1, 2021
Complete Project Document & Contract Review.............................................................. February 12, 2021
Complete Review of Common Elements and Specific Focus Areas #1 & #2 .....................February 19, 2021
Receive City Authorization to Investigate Specific Focus Areas #3, #4, &/or #5 ..................... March 1, 2021
Complete Review Draft of Summary of Findings — all authorized areas ............................... March 29, 2021
Receive City Comments on Review Draft of Summary of Findings ..........................................April 12, 2021
Submit Final Summary of Findings............................................................................................April 21, 2021
Present Summary of Findings to City.......................................................................................April 26, 2021
2013 Utility Bond Project — Package #4 Page 5 of 5
Engineering Audit
CITY OF PARIS UTILITY BOND PROJECT — PACKAGE #4
BENESCH THIRD PARTY ENGINEERING AUDIT
Fee Estimate For Professional Engineering Services
Project Summary
Rate
Est.
Estimated
Personnel Classification
Hour
Hours
Cost
Sr Project Manager II
$202.00
70
$14,140.00
Project Manager 1
$162.00
240
$38,880.00
Designer II/Scientist II/Graphics Specialist
$93.00
438
$40,734.00
Project Admin Assistant
$74.00
74
$5,476.00
Subtotal Direct Labor Costs
—
=
$99,230.00
a
Est.
Direct Non -Labor Costs
Cost
—
r
M
4
$2,400.00
Subtotal Direct Non -Labor Costs
$2,400.00
Total Estimated Not to Exceed Fee
$101,630.00
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