HomeMy WebLinkAboutContract 26974 CITY SECRETARY
CITY OF FORT WORTH, TERZNTRACT NO. 'r
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY") , and Freese
and Nichols, Inc. (ENGINEER) , for a PROJECT generally described as: Design Phase
and Construction Phase Construction Management Services for the Rolling Hills
Water Treatment Plant Ozone Facilities.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to ENGINEER will be made as follows:
A. Invoice and Payment
(1) ENGINEER shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) Monthly invoices will be issued by ENGINEER for all work
performed under this AGREEMENT. Invoices are due and payable
within 30 days of receipt.
(3) Upon completion of services enumerated in Article I , the final
payment of any balance will be due within 30 days of receipt
of the final invoice.
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(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, ENGINEER may, after giving 7 days ' written notice to
CITY, suspend services under this AGREEMENT until paid in
full , including interest. In the event of suspension of
services, the ENGINEER shall have no liability to CITY for
services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
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 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) 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.
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.
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(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 ENGINEER.
D. Preparation of Engineering Drawings
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
ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. ENGINEER's Personnel at Construction Site
(1) The presence or duties of ENGINEER's personnel at a
construction site, whether as on-site representatives or
otherwise, do not make 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.
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 extend of specific site visits expressly
detailed and set forth in Attachment A, 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 or the agreement
between CITY and ENGINEER be construed as r
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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, 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
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) 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,
ENGINEER has no control over cost or price of labor and
materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs;
competitive bidding procedures and market conditions; time or
quality of performance by third parties; quality, type,
management, or direction of operation personnel ; and other
economic and operational factors that may materially affect
the ultimate PROJECT cost or schedule. Therefore, ENGINEER
makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not
vary from ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on
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 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 ENGINEER has mad
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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. 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 M/WBE goal established for this contract and its commitment to
meet that goal . Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by
ENGINEER may result in the termination of this AGREEMENT and
debarment from participating in City contracts for a period of time
of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall , until the expiration of
three (3) years after final payment under this contract, have
access to and the right to examine and photocopy any directly
pertinent books, documents, papers and records of 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 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 a
directly pertinent books, documents, paper apgcl' Ai
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such subconsultant, involving transactions to the
subcontracts, and further, that the CITY shall have access
during normal working hours to all subconsultant facilities,
and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of
this article together with subsection (3) hereof. CITY shall
give subconsultant reasonable advance notice of intended
audits.
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 which 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.
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 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 coverages 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,
non-renewal or material change in coverage shall be
provided to the CITY. A ten (10) day 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 may be acceptable to the CITY
at 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 ENGINEER's insurance
policies including endorsements thereto and, at the
CITY's discretion. 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 such are
approved by the CITY.
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(j) The Professional Liability insurance policy, if written
on a claims made basis shall be maintained by 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 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 ) A11 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 ENGINEER shall be required by ENGINEER
to maintain the same or reasonably equivalent insurance
coverage as required for ENGINEER. When insurance
coverage is maintained by subconsul tants , 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 cancelled or terminated, such
cancellation or termination shall not constitute a
breach by ENGINEER of the AGREEMENT.
L. Independent Consultant
ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
ENGINEER acknowledges to the CITY it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts
if interest, including personal financial interest, direct or
indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities . ENGINEER further
acknowledges that it will make disclosure in writing of any
conflicts of interest which 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, ENGINEER will s Mi,
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the affected portions of the PROJECT to permit testing and
evaluation.
(2) If asbestos or other hazardous substances are suspected,
ENGINEER will , if requested, assist the CITY in obtaining the
services of a qualified subcontractor to manage the
remediation activities of the PROJECT.
0. 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 ENGINEER should have been aware of at the time this
AGREEMENT was executed, 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
ENGINEER could not have been reasonably aware of, 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 ENGINEER all technical data in the
CITY's possession relating to ENGINEER's services on the PROJECT.
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 ENGINEER as required
for ENGINEER's performance of its services and will provide labor
and safety equipment as required by ENGINEER for such access. The
CITY will perform, at no cost to ENGINEER, such tests of equipment,
machinery, pipelines, and other components of the CITY's facilities
as may be required in connection with ENGINEER's services. The CITY
will be responsible for all acts of the CITY's personnel .
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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 ENGINEER's
services or PROJECT construction.
D. Timely Review
The CITY will examine ENGINEER's studies, reports, sketches,
drawings, specifications, proposals , and other documents; obtain
advice of an attorney, insurance counselor, accountant, auditor,
bond and financial advisors, and other consultants as the CITY deems
appropriate; and render in writing decisions required by the CITY in
a timely manner in accordance with the project schedule in
Attachment E.
E. Prompt Notice
The CITY will give prompt written notice to ENGINEER whenever the
CITY observes or becomes aware of any development that affects the
scope or timing of ENGINEER's services or of any defect in the work
of 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.
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G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the
provisions of Article D.E. regarding ENGINEER's Personnel at
Construction Site, and provisions providing contractor
indemnification of the CITY and 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 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
ENGINEER. "
(2) This AGREEMENT gives no rights or benefits to anyone other
than the CITY and 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. `JFRINAI G111KO°D
J. Litigation Assistance
The Scope of Services does not include costs of ENGINEER for
required or requested assistance to support, prepare, document,
bring, defend, or assist in litigation undertaken or defended by the
CITY. In the event CITY requests such services of 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 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 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 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
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 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 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, ENGINEER will be paid for termination expenses as
follows:
(a) Cost of reproduction of partial or complete studies,
plans , specifications, or other forms of ENGINEER's work
product.
(b) Out-of-pocket expenses for purchasing storage
containers, microfilm, electronic data files , and other
data storage supplies or services.
(c) The time requirements for ENGINEER's personnel to
document the work underway at the time of the CITY's
termination for convenience so that the work effort is
suitable for long time storage.
(3) Prior to proceeding with termination services, 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 of Work
The CITY may suspend, delay, or interrupt the services of 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 ENGINEER's personnel and
subcontractors , and ENGINEER's compensation will be made.
F Indemnification
(1) ENGINEER agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for any
property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of ENGINEER,
its employees, officers, and subcontractors in connection with
the PROJECT.
(2) If the negligence or willful misconduct of both ENGINEER and
the CITY (for 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 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 will 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 means the CITY and 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 , judgement may be entered
thereon in any court having jurisdiction, and will not be
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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.
L. 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 construed as if such
invalid, illegal , or unenforceable provision had never been
contained herein. Articles V.F. , VI.B. , VIH. , VI. I. , and VI .J.
shall survive termination of this AGREEMENT for any cause.
M. 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.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules , constitutes the
entire AGREEMENT, supersedes all prior written or oral understandings, and may
only be changed by a written amendment executed by both parties . The following
attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Supplemental Obligations of ENGINEER
EXECUTED this day of ����� , A.D. ,
ATTEST: CITY FFOaWRTH
i BY: t
Gloria Pearson '-$-p1 Mike Groomer
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
FREESE AND NICHOLS, INC.
Assista City Attorney
6y:
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Robert F. Pence, P. E.
ATTEST: Senior Vice President
Contract Authorization
APPROVAL RECOMMENDED:
Date
By:
,4r Water Director
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ATTACHMENT A
GENERAL SCOPE OF SERVICES
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
DESIGN AND CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT
SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT OZONE FACILITIES
GENERAL SCOPE OF SERVICES
SECTION 1 -DESCRIPTION OF PROJECT,AGREEMENT AND SCHEDULE
This Project consists of Design and Construction Phase Construction Management services for
construction of ozonation facilities for Rolling Hills Water Treatment Plant for the City of Fort
Worth.
The design of improvements are to be performed by Camp Dresser&McKee (Design Consultant)
and other consultants under a Project administered by the City of Fort Worth. Freese and Nichols,
Inc. (FNI) will provide design, review, and constructability review and construction phase
engineering services for this Project.
This agreement describes the services to be provided by FNI. The scope of services required is
presented as basic services and additional services. The basic services cover the elements required
for the Project and are authorized by the execution of the contract. The additional services are the
work elements that could be required and are identified in the contract but are not authorized until
FNI is given additional written approval by the City.
The prof ect construction phase is expected to begin October 1,2001 and final completion is expected
by July 1, 2003.
SECTION 2 - BASIC SERVICES
This section describes the services FNI will provide as basic services.
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Attachment A-1 FT. Uf c'l pv,
R:\CONTRAC1\2000\CONTRACT FFW-ROLLINGHILLS-A.WPD
1.00 STUDY/PRE-DESIGN PHASE CONSTRUCTION MANAGEMENT SERVICES
The study/pre-design phase construction management services are focused on attending
appropriate study meetings,reviewing the original construction contract records to identify
problem areas, providing peer review of the Design Consultant's Technical Memoranda,
participation in the senior level Technical Review Committee meeting, and reviewing the
Pre-Design Memorandum.
These services include:
1.01 Attend planning phase kickoff meeting to introduce team members, establish
communication, and discuss project scope and schedule.
1.02 Attend on-site plant reconnaissance walk-through to review and evaluate the existing
plant, to discuss the previous and upcoming construction, and to discuss potential
modifications. Review previous chlorine and ammonia improvements, plant
construction project's claims, change orders, and construction problem areas and
summarize in letter report.
1.03 Provide peer review for technical memoranda, ozone process evaluation, plant
hydraulics,instrumentation and control(SCADA),and distribution system modeling.
Prepare comments for incorporation with the City Staff's comments on the study
item methodology, assumptions, basic data, analysis, alternatives, conclusions, and
recommendations. Comply with the Design Consultant's review schedules.
1.04 Provide peer review of the pre-design memorandum. Prepare comments for
incorporation with the City Staff's comments of the technical memorandum peer
review comments. Prepare comments on the proposed plant expansion,structure and
equipment preliminary layouts, instrumentation and control modification concepts,
and construction constraints.
1.05 Provide in-house project management services.
2.00 DESIGN PHASE CONSTRUCTION MANAGEMENT SERVICES
The design phase construction management services are focused on attending appropriate
design meetings,providing peer review of the Design Consultant's 60%and 90%drawings,
specifications, and preparation of the Division 1 specifications for incorporation by the
Design Consultant. The Project is to be bid as one construction contract.
These services include:
Attachment A-2
R:\CONTRACT\2000\CONTRACTET'W-ROLLINGH ILLS-A.WPD
2.01 Design Meetings
Attend monthly design meetings to provide input regarding construction sequencing and
plant operations during construction,to provide input regarding information learned during
the previous plant construction projects, and to provide timely feedback on design issues.
2.02 Assessment of Ozone Optimization Alternatives
Perform an assessment of ozone optimization alternatives. The assessment will consist of
evaluation of potential outsourcing of the ozone facilities. The evaluation will also conduct
a peer review of the proposed design in terms of optimizing the ozone operation and
identifying potential energy cost savings as well as long-term operation and maintenance
issues.
In order to complete the energy optimization assessment prior to the proposed June 1,2001
advertisement date for the project, the evaluation study will be performed as a workshop
study. A workshop will be conducted over two eight-hour day sessions. The design engineer
will participate throughout the workshop with representatives from the water department.
The evaluation team will be comprised of a multi-disciplinary team including:
Facilitator and Process Engineer- Freese and Nichols,Inc.,
Michael G Morrison
• Ozone optimization - Process Applications,Inc.
Kerwin L. Rakness
• Power/De-regulation- Multatech Engineering, Inc.
Bill Manning
• Design Engineer- Camp Dresser&McKee, Inc.
Danny Shannon
• Legal - Kelly, Hart& Hallman
Susan G Zachos
• Financial - First Southwest Co.
Jim Sabonis
The financial and legal advisors will not participate in the workshop,but will
provide opinions to the evaluation team and incorporation of opinions into the
final report.
Attachment A-3 �n��
R:\CONTRACT%2000\CONTRACI%FTW-ROLLINGHELS-A.WR
PD u 1
K Wilk TFXV u
If an outsource proposal is received for evaluation the team will evaluate the
proposal and submit its recommendations and assessment to the City. The offerer
of the outsource proposal may participate in the two day workshop. If a outsource
proposal is not received for evaluation,the team will conduct a one day workshop
session on the proposed designed facilities and submit a report with
recommendations.
2.03 Review Pre-Purchase Equipment
Review drawings and specifications for pre-purchase of ozonation and related
equipment. Provide written review comments.
2.04 60% Constructability Review
Review construction contract documents for each construction project at the 60%
design milestone for constructability, ability to operate and maintain facilities
after construction, ability of the existing facilities to remain in operation during
construction and the coordination of construction details. The review will
endeavor to provide comments regarding:
• Adequacy of detail for construction
• Conflicts during construction
• Legal requirements for contractor selection
• Project management requirements of the construction contractor consistent
with the Contract Administration/Management Plan adopted by the City
• Allocation of construction risks
• Coordination between contract documents
• Details for maintaining operation of existing facilities
Prepare a report with recommendations for modifications where appropriate.
2.05 90% Constructabili1y Review
Review construction contract documents for each construction project at the 90%
complete design milestone for constructability, ability to operate and maintain
facilities after construction, ability of the existing facilities to remain in operation
during construction and the coordination of construction details. The review will
endeavor to provide comments regarding:
Uj��������d Gu?@
Attachment A-4
R:\CONTRACT\2000\CONTRACT\FrW-ROLLINGHRIS-A.WPD u
• Adequacy of detail for construction
• Conflicts during construction
• Legal requirements for contractor selection
• Project management requirements of the construction contractor consistent
with the Contract Administration/Management Plan adopted by the City
• Allocation of construction risks
• Coordination between contract documents
• Details for maintaining operation of existing facilities
Prepare a report with recommendations for modifications where appropriate.
2.06 Provide in-house project management services.
3.00 CONSTRUCTION PHASE SERVICES
The construction phase services focus on assistance in bidding and construction
management services for the Water Treatment Plant Project.
3.01 Assistance with Contractor Selection
A. Respond to Division 1 related questions regarding the required sequences
of construction,plant operations, construction contract provisions, and
bidding requirements. Direct technical questions regarding the project to
the Design Consultant. The Design Consultant will be responsible for
distribution of bidding documents,plan holders lists, issuing addenda,
recommending award of contracts, and conforming Contract Documents
for execution.
B. Attend the pre-bid conference for the construction projects and coordinate
responses with City and Design Consultant. Response to the pre-bid
conference will be in the form of addenda issued by the Design Consultant
after the conference. Attend the tour of the project site during each
conference.
C. Assist the City in preparing evaluations of contractors' qualifications and
recommend eligibility to bid for the water treatment plant. Evaluate the
qualifications information provided by the contractors. Determine if the
applicants appear to have the necessary experience and qualifications to
successfully construct the project on time.
G��C-006
Attachment A-5
R:\CONTRACT\2000\CONTRACITM-ROLLINGHILLS-A.WPD
3.02 - Construction Contract Administration
3.07
Provide full time, on-site resident representation and part time on-site resident
engineering services for the construction project to observe the work in progress
to determine if the completed work will comply with the contract documents,
provide field administration of the construction contracts and determine that the
quality control programs of the contractors are producing acceptable results. The
on-site Resident Engineer will serve as project facilitator, coordinating the flow of
information between the City and the Contractors. On-site clerical/technical
support will be provided.
Provide part time specialty electrical/SCADA resident representation services for
observations of mechanical and electrical system installations and for observations
of the computer system modifications.
Engineer will report any observed deficiencies to the Owner; however, it is
understood that Engineer does not guarantee the Contractor's performance, nor is
the Engineer responsible for supervision of the Contractor's operation and
employees. Engineer will not be responsible for the means,methods, sequences
or procedures of construction selected by the Contractor, or the safety precautions
and programs incident to the work of the Contractor. Engineers shall not be
responsible for the acts or omissions of any person (except his own employees or
agents) at the Project site or otherwise performing any of the work of the Project.
It is agreed that the Engineer will be named as an additional insured entity for
insurance policies provided by the Contractor which name the City of Fort Worth.
Typical services will include:
A. Attend pre-construction conferences with the City and construction
contractor's key personnel. Establish communication procedures with the
City and the Contractor.
B. Submit monthly reports of construction progress. Reports will describe
construction progress in general terms and summarize project costs, cash
flow, construction schedule and pending and approved contract
modifications.
C. Maintain a document control system designed to track the processing of
Contractor's submittals and provide for filing and retrieval of project
documentation. Produce monthly reports indicating the status of all
submittals in the review process. Process Contractor's submittals,
including requests for information, modification requests, shop drawings,
schedules, and other submittals for review in accordance with the
requirements of the construction contract documents for the projects.
Monitor the progress of the Contractor's submittals to see that
documentation is being processed in accordance with schedules.
�'��Q�GQ�1�
R:\CONTRACT�2000\CONTRACT�F"TW-ROLLINGHILLS-A.WPD Attachment A-6 �j��UEDD
VJ U
u lir ' ^��1��➢ � o
D. Review Contractor's application for payment and recommend payment in
accordance with the procedures in the construction contract documents.
E. Monitor Contractor's compliance with minimum wage rate requirements
as required by the construction contract documents.
F. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents, including daily
construction reports and tracking corrections of defective work.
G Provide a full time on-site resident representative. Provide part time on-
site Resident Engineer. Provide documentation of observations made
while at the site. Provide part time specialty electrical representation for
electrical, instrumentation, and SCADA observation. Other additional full
or part time on-site observers are available on an as needed basis as an
additional service.
H. Meet monthly with the Contractor to observe the progress of the work,
monitor compliance with the schedules and requirements of the contract
documents and help resolve any conflicts that may need attention.
I. Assist in the transfer of and acceptance by the construction contractor of
any City-furnished equipment or materials.
J. Establish and administer quality assurance procedures in accordance with
the construction contract documents. Notify contractors of non-
conforming work observed. Coordinate special material tests and
performance tests needed to determine conformance of the work with the
contract documents.
K. Review quality related documents provided by the Contractor such as test
reports, equipment installation reports or other documentation as required
by the construction contract documents. Provide material testing services
as required by the contract documents.
L. Establish procedures for administering constructive changes to the
construction contracts. Process contract modifications and negotiate with
the Contractor on behalf of the City to determine the cost and time impacts
of these changes. Prepare change/field order documentation for approved
changes for execution by the City.
Attachment A-7 Jr���G��1
R:\CONTRACT12000\CONTRACTTrW-ROLLINGRILLS-A.WPD C��J t)K'^ ; 4 EY
M. Routinely examine the Contractor's "as-built" drawings to determine that
information appears to be recorded in an accurate and timely manner by
the Contractor as required in the construction contract documents. Revise
the original construction drawings in accordance with the information
furnished by the construction contractor to reflect changes made in the
Project during construction.
N. Assist in Project completion activities at the conclusion of construction.
Observe completed construction for general conformance with the design
concept and prepare a list of deficiencies to be corrected by the Contractor
before recommendation of final payment. Assist the City in obtaining
legal releases,permits, warranties, spare parts, and keys from the
Contractor. At completion of the Project and completion of the lists of
deficiencies,the on-site Resident Engineer and Resident Representative
will leave the Project site.
O. Review structural reinforcing steel shop drawings.
3.08 Claims Management
A. Assist the City with claims by the construction contractor and
subcontractors by endeavoring to identify areas of potential risk during
design reviews,preparation of bid packages and as construction
progresses.
B. Attempt to resolve claims in accordance with the dispute resolution
provisions of the contract documents. The analysis,negotiation and
resolution of claims beyond the procedures in the contract documents,
including any services related to mediation, arbitration, litigation or other
forms of dispute resolution are an additional service.
3.09 Warranty Review
Upon request of the City,make up to twelve (12)visits to the Project site to meet
with the City's operations staff to review performance of the Project and review
any deficiencies in the work covered by the construction contractor's warranty.
Notify the construction contractor and City of required corrections and follow up
with the Contractor to see that corrections are made. Equipment failures and
critical items will be addressed as soon as possible upon notification by the City.
Review plant operations with the City during the final month of the warranty
period to address potential warranty items.
U MCNAU �,%;Uo PD
Attachment A-8
R:\CONTRACT\2000\CONIRACI1FfW-ROLLINGHII,LS-A.WPD ��5I7I ���y�ry
U Oo UJ\;+}�tltlU9 ULWo
SECTION 3 -ADDITIONAL SERVICES
Additional services are those services not included in the basic services which may be
provided by Freese and Nichols if so authorized by the City of Fort Worth.
A. Field layouts or the furnishing of construction line and grade.
B. Making property, boundary and right-of-way surveys, preparation of easement and
deed descriptions, including title search and examination of deed records.
C. Investigations involving detailed consideration of operations, maintenance and
overhead expenses, and the preparation of rate schedules, earnings, and expense
statements, feasibility studies, appraisals, evaluations, assessment schedules and
materials audits or inventories required for certification of force account
construction performed by the Owner.
D. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
E. Providing shop, mill, or laboratory inspections of materials and equipment other
than routing inspection of concrete and soils provided in Section 2 - Basic
Services, paragraph 3.02
F. Preparing any required Operation and Maintenance Manuals or conducting
operator training beyond Item 3.04 of Basic Services.
G Appearing before regulatory agencies or courts as an expert witness in any
litigation with third parties or condemnation proceedings arising from the
development or construction of the Project, including the preparation of
engineering data and reports for assistance to Owner.
H. Assisting the Owner with, preparing for, or appearing at litigation, mediation,
arbitration, dispute review boards, or other legal or administrative proceedings in
the defense or prosecution of proceedings in connection with this project.
I. Providing environmental support services including the design and
implementation of ecological baseline studies, environmental monitoring, impact
assessment and analysis, permitting assistance, and other assistance required to
address environmental issues.
J. Additional services that are required to comply with local, State or Federal
regulations that become effective after the date of this agreement.
K. Conducting pilot plant studies or tests.
k) CLOOD
Attachment A-9 Iv��V'r��������� L��
R:ACONTRACT'2000\CONTRACT�FTW-ROLLINC,MLLS-A.WPD e �;1
''�`" Hi, fez
L. GIS mapping services or assistance with these services.
M. Geotechnical investigations, studies, and reports.
Attachment A-10 �vIfTHYR:\CONTRACT\2000\CONTRACT\FTW-ROLLINGRILLS-A.WPD
ATTACHMENT B
COMPENSATION AND PAYMENT SCHEDULE
ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS,INC.
FOR
DESIGN PHASE AND CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT
SERVICES FOR ROLLING HILLS WATER TREATMENT PLANT OZONE
FACILITIES
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 $1,557,910.00, according to
paragraphs A, B and C below. The basis for this payment is shown in Exhibit B-3 and
Exhibit B-4.
A. Labor: The engineer shall be compensated for the services of his personnel on the
basis of Salary Cost times 2.30 for the time such personnel are directly utilized on
the work. Resident Engineer shall be compensated on the basis of Salary Cost
times 2.30.
Salary cost is defined as the cost of salaries (including sick leave, vacation, and
holiday pay applicable thereto)plus unemployment, excise, and payroll taxes, and
contributions for social security, employment compensation insurance,retirement
benefits, and medical and other insurance benefits.
The salaries of any personnel assigned are subject to reasonable modification by
the Engineer throughout the terms of this Agreement; however, such
modifications will not affect the upper limit of this Agreement.
B. Resident Project Representative: The Engineer shall be compensated for the
services of the resident project representation at a billing rate of$100.00 per hour.
Attachment B-1 1�
R:\CONTRAC712000\CONTRACWTW-ROLLINGMLLS-B.WPD
ATTACHMENT B
COMPENSATION AND PAYMENT SCHEDULE
C. Other Incidental Direct Costs: The Engineer shall be compensated at his cost plus
15% for all costs other than salary costs that are incurred pursuant to this
Agreement, but which are not normally included as part of the Engineer's
overhead. These costs include, but are not limited to: air fare, automobile rental,
mileage charges,parking,tolls,taxi, meals, lodging, telephone, printing and
reproduction costs, computers and word processors,postage and mailing costs,
and other miscellaneous costs incurred specifically for this Project.
D. Subconsultant Services: For all subconsultant services, the Engineer shall be
compensated at his actual subconsultant cost plus 15%.
II ADDITIONAL SERVICES
For Additional Services provided outside the scope defined in Attachment Al, as
approved by an amendment to this Agreement,the City will pay the Engineer for labor,
other incidental direct costs, and subconsultants on the same basis as described in
Paragraph I of this Attachment.
R:\CONTRACT\2000\CONTRACT\FTW-ROLLINGHILLS-B.WPD Attachment B-2 n�.`r, ,�
Exhibit B 3
City of Fort Worth
Water Treatment Plant Facility Upgrade Projects
Budget for Services Construction Management Services
Table 1-1 Cost Summary for Rolling Hills Ozone Project
tm
MIWBE <
Subconsultant U)
Project Cost by Project i Phase Hours Cost Fee With Markup Total Fee MWBE°! M/WBE Firm r
Rolling Hills Ozone Facilities Igg
Study/Pre-Design Phase CM Services t=�
Principal in Charge 44 9,952.01 9,952.01 L5�f
Project Manager 36 6,652.09 6,662.09
Design Engineer 148 21,809.43 21,809.43 g�
Resident Engineer 54 7,957.49 7,957.49
Estimator/Scheduler 40 3,289.92 3,289.92
Word Processor 40 1,764.60 1,764.60
Subconsultants 0.00 0.00
Expenses 1,822.75 1,822.75
Total Study/Pre-Design Phase CM Services $53,258.29 $53,258.29
Design Phase CM Services
Principal in Charge 250 56,545.50 56,545.50
Project Manager 24 4,441.39 4,441.39
Design Engineer 228 33,598.31 33,598.31
Resident Engineer 92 13,557.21 1 13,557.21
Estimator/Scheduler 80 6,579.84 6,579.84
Word Processor 68 2,999.82 2,999.82
Subconsultants 17,147.83 4,200.00 24,550.00 24,550.00 0.27% Multatech
Expenses 4,165.35 4,165.35
Total Design Phase CM Services $139,035.25 $4,200.00 $24,550.00 $146,437.42
Construction Phase CM Services
Principal in Charge 132 29,856.02 29,856.02
Project Manager 64 11,843.71 J 11,843.71
Resident Representative 4,547 454,700.00 454,700.00
Resident Engineer 2,393 352,634.87 352,634.87
Estimator/Scheduler 900 74,023.20 74,023.20
Word Processor 149 6,573.13 6,573.13
Subconsultants 0.00
Field Clerical/MWBE 197,217.39 226,800.00 226,800.00 12.66%McDonald and Associates
Field Material Testing/MWBE 1 75,000.00 86,250.00 86,250.00 4.81% Terra-Mar,Inc.
Field Surveying/MWBE 10,000.00 11,500.001 11,500.00 0.64% Carson-Salecedo-McWilliams
Specialty Electrical Observation/SCADA Ringout 40,869.57 47,000.00 47,000.00 0.00°!
Specialty Code Inspection/MWBE 0.00 0.00
Expenses 57,032.84 57,032.84
Total Construction Phase CM Services 51,027,533.34 $282,217.39 5371,550.00 $1,358,213.78
Total Rolling Hills Ozone Facilities 51,219,826.88 $286,417.39 $396,100.00 $1,557,909.49
M1WBE Participation 18.38% -
Roiling Hills Construction Management Services Rev010410 7123101
,Exhibit B-3 1 of 1 3:46 PM
Exhibit B 4
City of Fort Worth
Roiling Hills Water Treatment Plant Facility Upgrade-Ozone Facilities -
Budget for Services Construction Management Services
Table 1.3 Tabulation of Tasks and Effort
Study/Pre-Design Phase Construction Managment Servlces-Ozone Construction Contract
Total Sub Cost Per
Task Description PIC PM DE RE EIS WP Hours Expenses Expenses Task
1.01 Initial Planning Workshop 8 24 8 6 46 252.43 7,042,12
1.02 Plant Site Reconnaissance 4 12 6 4 26 160.43 3,894.11
1.03 Review Technical Memoranda 16 64 24 16 12 132 446.20 18,878.23
1.04 Review Pre-Design Memorandum 16 46 16 24 12 116 676.20 16,22955
1.05 Inhouse Project Management 36 6 42 287.50 7,214.28
Total Hours 44 36 148 54 40 40 362
Billing Rate($/Hour) 5228.18 $185.06 5147.36 $147.36 §82.25 $44.11
Total Labor §9,952.01 $6,662.09 $21,809.43 $7,957.49 §3,289.92 §1,764.60 $0,00 $1,822.75 §53,258.29
Design Phase Construction Managment Services-Ozone Construction Contract
Total Sub Cost Per
Task Description PIC PM DE RE ES WP Hours Expenses Expenses Task
2.01 Design Meetings 32 36 36 12 116 695.75 19,072.45
2.02 Assessment of Ozone Optimization Alternatives 198 24550 866.00 70,200.04
2.03 Prepurchase Equipment 4 32 16 24 16 92 446.20 11,104.05
2.04 60%Construclabilily Review 8 80 16 24 16 144 819.95 19,455.85
205 90%Conslruclabiiity Review 8 80 24 32 16 160 963.70 21,436.48
2.06 Inhouse Project Management - 24 8 32 373.75 5,168.06
Total
u2 50
24 228 92 BO 68 544
Billing Rate($/Hour) $226,18 $185.06 $147.36 $147.36 $82.25 .4.11
Total Labor $56.545.50 $4,441.39 $33,598.31 $13,557.21 $6,579.64 $2,999.82 $24,550.00 $4,165.35 §146,437,42
i N,!
Rolling Hills Construction Management Services Rev010410 7123/01
RHOzone - 1 of 2 3;46 PM
Exhibit B 4
Construction Phase Construction Management Services.Ozone Construction Contract
Total Sub Cost Per
Task Description PIC PM RR RE EIS WP Hours Expenses Expenses Task
3.01 Assistance with Bidding and Contractor Selection 8 8 80 16 24 136 208.44 17,661.96 '..
3,02 Construction Contract Administration 76 56 4547 2273 820 105 7877 54,000.00 943,280.06 '..
3,03 Field Clerical/MWBE 0 226,800.00 226,800.00
3.04 Field Material Testing/MWBE 0 86,250.00 86,250.00
3.05 Field Surveying/MWBE 0 11,500.00 11,500.00
3,06 Specialty Electrical Observation/SCADA Ringdut 0 47,000.00 47,000.00
3.07 SpecialtyCode Inspection/MWBE I I I I 1 0 0.001 10.00
3.08 Claims Management 401 1 1 401 al 881 1 2,044.701 14,734.82 '..
3.09 Warranty ReviewB 40 24 12 84 779.70 10,986.93
Total Hours 132 64 4,547 2,393 900 149 8,185
Billing Rate($/Hour) $226.18 $185.06 $100.00 $147.36 $82.25 $44.11
Total Labor $29,856.02 $11,843.71 $454,700.00 $352,634.87 $74,023.20 $6,573.13 $371,550.00 1 $57,032.84 1$1,358,213.78
Total Labor and Expenses $1,557,909.48
ASSUMPTIONS
21 Month Construction Period
PM.Design Studies for Ozone.
No Specialty Code Inspection Included,No Third Party Code Compliance Program included
Warranty Review Included
Roling Hills Construction Management Services Rev010410 7/23/01
RHOzone 2 of 2 3:46 PM
ATTACHMENT C
CHANGES AND AMENDMENTS TO
STANDARD AGREEMENT
ATTACHMENT C
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
CONSTRUCTION MANAGEMENT
ROLLING HILLS WATER TREATMENT OZONE FACILITIES
SUPPLEMENTAL OBLIGATIONS OF ENGINEER
Amend the following sections of the City of Fort Worth, Texas Standard Agreement for
Engineering Services:
Article IV - Obligations of the Engineer
Delete Paragraph C Subsurface Investigations. Subsurface investigations for design are not
included in this Scope of Services.
Delete Paragraph D Engineering Drawings. Preparation of drawings for construction is not
included in this Scope of Services.
Delete Paragraph E ENGINEER's Personnel at Construction Site.
Delete Paragraph F Opinions of Probable Construction Cost. Financial considerations and
schedules.
Delete Paragraph G Construction Progress Payments.
Delete Paragraph H Record Drawings. Preparation of record drawings will be done by others.
Delete Paragraph N Asbestos or Hazardous Substances.
Delete Paragraph O Permitting Authorities - Design Changes. Preparation of drawings for
construction is not included in this Scope of Services.
R:\CONTRAC712000\CONTRACT\FTW-ROLLINGHILLS-C.WPD Attachment C-I
City of Fort Worth, Texas
4Vayor and Council Communication
DATE REFERENCE NUMBER LOG NAME GE
6/12/01 **C-18624 PA
60UPGRADE 1 of 1
SUBJECT ENGINEERING AGREEMENT WITH FREESE & NICHOLS, INC. FOR THE ROLLING
HILLS WATER TREATMENT PLANT FACILITIES UPGRADE, PHASE I (OZONE
FACILITIES), CONSTRUCTION MANAGEMENT AND DESIGN SUPPORT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering
agreement with Freese & Nichols, Inc. for construction management and design support for the Rolling
Hills Water Treatment Plant 40 MGD (million gallons per day) Facilities Upgrade, Phase I (Ozone
Facilities), for a total fee not to exceed $1,557,910.
DISCUSSION:
On June 6, 2000 (M&C C-18062), the City Council authorized the execution of an engineering
agreement with Camp, Dresser & McKee, Inc. for design of the Rolling Hills Water Treatment Plant
(RHWTP)40 MGD Facilities Upgrade project.
Recent studies evaluated the capability to meet future water demands and determined that facility
modifications are needed to upgrade the existing treatment plant from 160 MGD to 200 MGD and- meet
the long-term water quality and regulatory requirements. Phase I of the project includes the
construction of a new ozone generator facility and ozone disinfection contact basins.
Freese & Nichols, Inc. will provide construction management services during the construction phase. In
addition, they will provide quality assurance and quality control of the project design, value engineering,
and design review to manage construction costs and change orders.
Freese & Nichols, Inc. is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE
participation. The City's goal on this project is 18%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Water Capital Projects Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
CITY COUNCIL
Originating Department Head:
Dale Fisseler 8207 (from) JUN 12 2001
P161 531200 060161510010 $1,557,910.00
Additional Information Contact:
City Secretary of the
Dale Fisseler 8207 City of For?Worth,Teras