HomeMy WebLinkAboutContract 41721 (2)CiTY FOH WthlTEN5 T
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This AGRE ►E is between the City of Fort Worth, a home -rule municipal
corporation situated in T arrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Camp Dresser & McKee Inc., (the "HNGINEER"), for a PROJECT generally described as:
Village Creek Wastewater Treatment Plant Modifications to Bar Screen Building No. 3 Project
and Junction Box Rehabilitation Project ® Phase 2 Construction Management.
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Article l
f Services
A. The Scope of Services is set forth in Attachment A.
Article 11
Connpensati n
A. The IAG I N .IH R's compensation is set forth in Attachment B.
Article ill
-1.3 ms of Payment
Payments to the I±NGINEER will be made as follows:
A. Invoice and Payment
(1)
(2)
(3)
The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment D to this
AG RF E M I NT, to reasonably substantiate the invoices,
The ENGINI= ER will issue monthly invoices for all work performed under this
AG R IF E IV E NT. Invoices are due and payable within 30 days of receipt.
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.
In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGI N I:1- R may, after giving
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010 ; ta,:tvaiiiLfi
Page 1 of 15
CITY SECRETARY
Ft WORTH, 1
7 days' written notice to CITY suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22,2010
Page 2 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
o n reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may
u se such drawings in any manner it desires; provided, however, that the
ENGINEER shall not be liable for the use of such drawings for any project other
than the PROJECT described herein.
E Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
o r its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the Contract
Documents and any health or safety precautions required by such construction
work. The ENGINEER and its personnel have no authority to exercise any
control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
A+ h e+ A ENGINEER oritsersor of shall a i obligation or
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responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on -site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If
the ENGINEER makes on -site observation(s) of a deviation from the Contract
Documents, the ENGINEER shall inform the CITY.
(3)
When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 3 of 15
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; 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 operating personnel, and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects that the
ENGINEER has made an examination to ascertain how or for what purpose the
cons+ruc*ion contractor has used the moneys paid; that title to any of the work
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, 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 accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a negligent
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 4 of 15
misrepresentation) and/or the commission of fraud by the Engineer may result
in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not Tess than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) 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 the
ENGINEER involving transactions relating to this contract ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this
section. The CITY shall give ENGINEER reasonable advance notice of
intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3)
ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 5 of 15
The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella if any This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
e xclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
e xtent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability and, if
necessary commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident Such insurance shall cover liability arising
out of ' any auto', including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
e xtent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary commercial umbrella
liability insurance with a limit of not Tess than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
i ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
e xtent these damages are covered by workers compensation and
e mployer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional liability, a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 6 of 15
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. 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.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102
t. Insurers tor ail policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing if coverage is not provided on a first -dollar basis The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date• 9 22 2010
Page 7 of 15
I. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct o� indirect, in i� property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22,2010
Page 8 of 15
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY s facilities as may be required in connection with
the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities, and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches drawings
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 9 of 15
Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The 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 ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
iV E regarding the ENGINEER's PerbUIIIICI at Construction Ste and
provisions providing contractor indemnification of the CITY and the ENGINEER
for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER "
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 10 of 15
(3)
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3)
The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 11 of 15
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents or other events beyond the
control of the ENGINEER that prevent ENGINEER s performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
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 electronic data files and other
data storage supplies or services;
The time requirements for the 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, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule, commitment
and cost of the ENGINEER s personnel and subcontractors, and ENGINEER's
compensation will be made.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 12 of 15
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. 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 , VI.D., VLF., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22,2010
Page 13 of 15
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22,2010
Page 14 of 15
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 amendmont executed by both parties. The following attachments and schedules
are hereby made a part of this AGRI FMENT:
Attachment A e Scope of Services
Attachment B _ Compensation
Attachment C o Amendments to Standard Agreement for I=ngineoring Services
Attachment D v Project Schedule
Attachment I; e Location Map
Executed this the o�
ATTEST:
\r\
Marty Hendrix
City Secretary
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APPROVED AS TO FORM AND L
By:
Ass'alfCity AffEirney
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Contract Authorization
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Date
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 15 of 15
i ITY OF FORT WORTH
0 Q•pid
A00001w4414;‘,21.-------
0 pi Fernando Costa
I'M- Assistant Mana er
A° City g
tri
4'APPROVAL RECOMMENDED
BY: i c
S Frank Crumb, P.E.
Director, Water Department
Camp Dresser & McKe-. nc.
Des, . Varfer, P.E.
Principal
By:
OFFICIAL RECORD
CITY ='TAY
FT. WORTH, TX
ATTACHMENT A
GENERAL SCOPE OF SERVICES
FOR
VILLAGE CREEK WASTEWATER TREATMENT PLANT
MODIFICATIONS TO BAR SCREEN BUILDING NO. 3 PROJECT
AND
JUNCTION BOX REHABILITATION PROJECT
PHASE 2 - CONSTRUCTION PHASE SERVICES
The following scope of work clarifies and describes the work and associated project tasks to be
performed and completed by the Engineer. Work under this attachment includes Construction
Management services associated with the constriction of the Village Creek Wastewater
Treatment Plant (VCWWTP) Modifications to Bai Screen Building No. 3 Project (Bar Screen 3
Project) and the VCWWTP Junction Box Rehabilitation Project (Junction Box Rehab Project).
PROJECT DESCRIPTION
The project consists of Construction Management services for the Bar Screen 3 and Junction Box
Rehab Projects that includes the following work.
• Removal of Flumes 5 and 6 and installation of 96-inch Hobas Pipe
• Odor Control Improvements for Bar Screen Building No. 3
• New Junction Box 4B and demolition of existing Junction Boxes B, BB, and BBB
• Gate improvements and structural rehabilitation to Junction Box H
• New 96-inch pipe from Junction Box H to new Junction Box 4B
• Gate improvements and structural rehabilitation to Primary Clarifier Distribution Boxes
21 and 22.
• Bypass pumping for plant shutdowns.
Construction Management services include the following tasks.
• Construction Administration/Project Management
• Construction Phase Meetings
• Materials Testing and Testing Laboratory Services
• Shop Drawing Review
• RFIs
• Change Order Requests
• Record Drawings
• Bypass Pumping Coordination
• HRC Operation Assistance during Bypass Pumping
• Develop Emergency Response Plan
• After -Hour Supervision and representation during Bypass Pumping Operation
• Construction Resident Project Representation
Exhibit A
Pagel
SCOPE OF WORK
This agreement describes the services to be provided by CDM and its Subconsultants. The scope
of services presented below describes the basic services and additional services. The basic
services cover the elements required for the Project that are authorized by the execution of the
contract.
The additional services listed in Phase 2, SECTION 2 below are work elements that could be
required and are identified in the contract but are not authorized until CDM is given additional
written approval by the City.
Phase 2 — Construction Management Services
Under Phase 2 of The Project, Engineer will provide general services during construction for the
Bar Screen 3 Project and Construction Management Services for the Bar Screen 3 Project and
Junction Box Rehab Project.
SECTION 1 — BASIC SERVICES
1. Project Management
Engineer will perform project management duties through Phase 2, similar to Phase 1,
throughout the Construction Management services phase
Deliverablesmonthly invoices and project status reports, monthly M/WBE Reports.
Assumed 12 months
2. Monthly Construction Progress Meetings
Engineer and Resident Project Representative will attend the preconstruction conference
and the monthly construction progress meetings with City and Contractor. Engineer will
provide, on average, one person per meeting over a 12-month construction period It is
assumed that these meetings will last two hours, including site visits for Engineers
observation of progress of work.
Deliverables: Preconstruction meeting minutes and Monthly Construction Progress
Meeting Minutes. Assumed 13 meetings
3. Materials Testing and Testing Laboratory Services
Engineer will provide materials testing and testing laboratory services to perform quality
control testing during constriction. Testing will include concrete, soil, and gradation
testing. Engineer will submit five copies of written test reports.
Deliverables: Materials Testing Reports
4. Shop Drawings
Exhibit A
Page2
The Engineer will perform technical and functional review of all shop and erection
drawings and other submittals associated with the Bar Screen 3 Project. Engineer will
log -in, track, and distribute submittals to the various disciplines, subconsultants, and
other consultants.
Deliverables: shop drawing review comments
5. RFIs
Engineer will log -in, track, and distribute RFIs to the various disciplines, subconsultants,
and other consultants for The Project Engineer will respond to all RFIs and provide
necessary interpretations and clarifications of Contract Documents associated with the
Bar Screen 3 Project.
Deliverables: RFI responses
6. Change Order Requests
Engineer will administer all Change Orders for The Project and will review and comment
on all Change Order requests associated with the Bar Screen 3 Project and initiate
Change Order requests when appropriate.
Deliverables: change request documents
7. Record Drawings
The Engineer shall prepare Record Drawings for the Bar Screen 3 Project using the
Contractor's and Construction Manager's field plans as a basis for making changes. The
Record Drawings will be produced with AutoCAD. The Record Drawings will be
delivered to the City as electronic file on CD In addition, one set of mylar reproducible
drawings will be provided to the City.
Deliverables: electronic and mylar copies of Record Drawings
Bypass Pumping Coordination
Engineer and Resident Project Representative will assist the City during plant shut down
and bypass pumping operation. Engineer will coordinate with City's Project Manager,
Plant Staff, Contractor and Bypass Pumping Subcontractor. This task will include
weekly meetings between Engineer, Resident Project Representative City, Contractor
and Bypass Pumping Subcontractor during bypass pumping operation. It is assumed that
there will be 10 two hour meetings.
Deliverables: Meeting minutes
9. HRC Operation Assistance during Bypass Pumping
Exhibit A
Engineer and Resident Project Representative will assist the City during operation of the
High Rate Clarification Facility during plant shut down and bypass pumping operation.
Page3
Engineer will assume 20 weeks of bypass pumping with assistance 2 days/week at 4
hours per day.
10. Develop Emergency Response Plan
Engineer will develop an emergency response plan for plant shut down and bypass
pumping operation This task will include a meeting with the City to develop emergency
action plans foi bypassing primary clarifiers and operating the High Rate Clarification
Facility.
Deliverables: Emergency Response Plan
11. After -Hour Supervision and Inspection during Bypass Pumping Operation
Engineer will provide after -hour onsite representation, as required, during the plant shut
down and bypass pumping operation. Engineer will assume 20 weeks of bypass pumping
with 12-hr supervision, 1 night per week.
12. Part -Time Constriction Management Staffing
The Construction Management services will be provided as follows:
Part-time Senioi Construction Representative (Resident Project Representative)
on -site as described in EXHIBIT A-1. The Owner retains the eight of selection
or refusal of the part time resident representative or any subsequent proposed
resident representative in the event of staffing changes or reassignments.
Resident Project Representative will use on -site construction trailer facilities for
storing field record files and conducting monthly construction progress meetings.
Engineer will assume 12 months at 3 days per week for onsite RPR services.
SECTION 2 — ADDITIONAL SERVICES
Additional services are those services not included in the basic services which may be provided
by Camp Dresser & McKee Inc if so authorized by the City of Fort Worth.
A. Field layouts or the furnishing of construction line and grade.
B. Preparing applications and supporting documents for government grants, loans,
or planning advances and providing data for applications.
C. Providing shop, mill, or laboratory inspections of materials and equipment other
than routing inspection of concrete and soils provided in Basic Services.
D. Conducting operator training (other than assistance during startup, testing and
training activities by the manufacturers as required to assist the Owner).
E. Appearing before regulatory agencies or courts as an expert witness in any
litigation with third parties or condemnation proceedings arising from the
Exhibit A
Page4
development of construction of the Project, including the preparation of
engineering data and report for assistance to Owner.
F. Performing extensive non -routine investigations, studies and analyses of work
proposed by construction contiactors to correct defective work.
Performing extensive, non -routine investigations, studies and analyses of
substations of materials or equipment or deviations from the plans and
specifications.
H. Assisting the Owner in legal proceedings with, preparing for, or appearing at
litigation, mediation, arbitration, dispute review boards, or other legal or
administrative proceedings in the defense or prosecution of proceedings in
connection with this project.
Additional services that ate required to comply with Local, State or Federal
regulations that become effective after the date of this agreement.
J. Observing factory tests of equipment at any site remote to the project or
observing additional tests required as a result of the equipment failing the initial
test.
K. Additional services required as a result of the failure of the Contractor(s) to
complete the work for any reason within the contract time.
L. Geotechnicai investigations, studies and ieports other than material testing
services required by the construction contract documents.
ENhibit A
Pages
EXHIBIT A-1 TO AGREEMENT
BETWEEN
OWNER AND ENGINEER
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
OF THE RESIDENT PROJECT REPRESENTATIVE
This is an Exhibit attached to, made a part of and incorporated by reference with the Agreement made on December 8,
2010 between City of Fort Worth (OWNER) and Camp Dresser & McKee Inc. (ENGINEER) providing for professional
engineering services.
ENGINEER shall furnish a Resident Project Representative ("RPR"), assistants and other field staff to assist ENGINEER
in observing progress and quality of the work of Contractor.
Through more extensive on -site observations of the work in progress and field checks of matei ials and equipment by the
RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work of Contractor However, ENGINEER shall not, during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, of have control over Contractor's work nor shall
ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures selected
by Contractor, for safety precautions and programs incident to the work of Contractor, for any failure of Contractor to
comply with laws rules, regulations, ordinances, codes or orders applicable to Contractor's performing and furnishing the
work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the
Contract Documents.
The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER s agreement with the
OWNER and in the construction Contract Documents, and are further limited and described as follows:
A. General
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer
with ENGINEER iegarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be
with ENGINEER and Contractor, keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only
be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with OWNER with
the knowledge of and under the direction of ENGINEER.
B. Duties and Responsibilities of RPR
1. Schedules: Review the progress schedule schedule of Shop Drawing submittals and schedule of values
prepared by Contractor and consult with ENGINEER concerning acceptability.
Conferences and Meetings: Attend meetings with Contractor, such as preconstiuction conferences progress
meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes
thereof.
Page 1
Exhibit B 1/2006
3. Liaison:
a. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent
and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as
OWNER's liaison with Contractor when Contractor's operations affect OWNER's on -site operations.
b. Assist in obtaining from OWNER additional details or information, when required for proper execution of
the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and Samples.
Receive Samples which are furnished at the site by Contractor, and notify ENGINEER of availability of
Samples for examination.
c. Advise ENGINEER and Contractor of the commencement of any Work requiring a Shop Drawing or
Sample if the submittal has not been approved by ENGINEER.
Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in
general proceeding in accordance with the Contract Documents.
b. Report to ENGINEER whenever RPR believes that any Work will not produce a completed Project that
conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or
does not meet the requirements of any inspection, test or approval required to be made; and advise
ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for
observation, or requires special testing, inspection or approval
Veiify that tests, equipment and systems start-ups and operating and maintenance training are conducted in
the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe,
record and report to ENGINEER appropriate details relative to the test procedures and start-ups.
Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,
record the results of these inspections and report to ENGINEER.
Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the
Contract Documents are needed and transmit to Conti actor clarifications and interpretations as issued by
ENGINEER.
7. Modifications • Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications
and report with RPR's recommendations to ENGINEER. Transmit to Contractor in writing decisions as issued
by ENGINEER
Page 2
Exhibit B 1/2006
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and
Samples, reproductions of original Contract Documents including all Work Change, Addenda, Change
Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract,
ENGINEER s clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing
submittals received from and delivered to Contractor and other Project related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job site, weather
conditions, data relative to questions of Work Change Directives, Change Orders or changed conditions,
list of job site visitors, daily activities, decisions, observations in general and specific observations in more
detail as in the case of observing test procedures; and send copies to ENGINEER.
Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of
materials and equipment.
9. Reports:
Furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance
with the progress schedule and schedule of Shop Drawing and Sample submittals.
Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of
the Work.
c. Draft proposed Change Orders and Work Change Directives obtaining backup material from Contractor
and recommend to ENGINEER Change Orders, Work Change Directives, and Field Orders.
d. Report immediately to ENGINEER and OWNER the occurrence of any accident.
10. Payment Requests: Review Applications for Payment with Contractor for compliance with the established
procedure for their submission and forward with recommendations to ENGINEER, rioting particularly the
relationship of the payment requested to the schedule of values Work completed and materials and equipment
delivered at the site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates,
maintenance and operation manuals and other data required to be assembled and furnished by Contractor are
applicable to the items actually installed and in accordance with the Contract Documents, and have this material
delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list of observed
items requiring completion or correction.
b. Observe whether Contractor has had performed inspections required by laws, rules, regulations,
ordinances, codes, or orders applicable to the work including but not limited to those to be performed by
public agencies having jurisdiction over the work.
c. Conduct a final inspection in the company of ENGINEER, OWNER and Contractor and prepare a final list
of items to be completed or corrected.
Page 3
Exhibit B 1/2006
d. Observe whether all items on final list have been completed or corrected and make recommendations to
ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work.
C. Limitations of Authority by RPR
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment
(including "or -equal" items), unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's
superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of constriction unless such advice or directions are specifically required by
the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in
connection with the Work.
6. Shall not accept Shop Drawing or Sample submittals from anyone other than Contractor.
7. Shall not authorize OWNER to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as
specifically authorized by ENGINEER.
Page 4
Exhibit B 1/2006
ATTACHMENT "B"
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND CAMP DRESSER & MCKEE INC.
FOR
VILLAGE CREEK WASTEWATER TREATMENT PLANT
MODIFICATIONS TO BAR SCREEN BUILDING NO. 3
AND
JUNCTION BOX REHABILITATION PROJECT
PHASE 2 — CONSTRUCTION PHASE SERVICES
COMPENSATION AND SCHEDULE
BASIC ENGINEERING SERVICES
For engineering services provided under Attachment "A" and "A-1 ", the City shall pay the
Engineer on a Salary Cost Method an amount not to exceed $294,699 for Phase 2 according to
paragraphs A, B and C below.
A. Labor. The Engineer shall be compensated for the services of his personnel on the basis
of Salary Cost times 2.3 for the time such personnel are directly utilized on the work.
Resident Project Representative services shall be compensated on the basis of Salary Cost
times 2.14.
Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday
pay applicable thereto) plus unemployment, excise, and payroll taxes; and contributions
for social security, employment compensation insurance, retirement benefits, and medical
and other insurance benefits.
The salaries of any personnel assigned are subject to reasonable modification by the
Engineer throughout the term of this Agreement; however, such modifications will not
affect the upper limit value of this Agreement.
B. Other Incidental Direct Costs. The Engineer shall be compensated at his cost plus 10%
for all costs other than salary costs that are incurred pursuant to this Agreement, but
which are not normally included as part of the Engineer's overhead These costs include,
but are not limited to: air fare automobile rental, mileage charges, parking, tolls, taxi,
meals, lodging, telephone printing and reproduction costs, computers and word
processors, postage and mailing costs, and other miscellaneous costs incurred specifically
for this project.
C. Subconsultant Services. For all Subconsultant services the Engineer shall be
compensated at his actual Subconsultant cost plus 5%.
II ADDITIONAL SERVICES
For Additional Services provided outside the scope defined in Attachment 'A" and Exhibit "A-
1' , as approved by an amendment to this Agreement the City will pay the Engineer for Labor,
Other Incidental Direct Costs and Subconsultants on the same basis as described in Paragraph I of
Northwest Water Treatment Plant Project
Attachment B
B-1
10/ 1 12007
this Attachment "B".
III. INVOICE AND PAYMENT PROCEDURES
Partial Payment shall be made monthly upon receipt of an invoice from the Engineer, prepared
from the books and records of the Engineer outlining the amount of hours worked by each
employee, the employee's name and classification, and the employee's salary rate, along with
itemized charges for any subcontract work performed and expenses incurred during the period
covered by said invoice. Each invoice is to be verified as to its accuracy and compliance with the
terms of this contract by an officer of the Engineer. Payment will be subject to the certification of
the Director of the Water Department or his duly authorized reps esentative that such work has
been performed
IV. SCHEDULE
Exhibit "A" and "A-1" shall be completed in accordance with the project schedule as presented in
Exhibit "A-2".
Northwest \\'ater Treatment Plant Project
Attachment B
END OF ATTACHMENT `B"
B-2
10/ 1 1, 2007
Exhibit "B-1"
COST SUMMARY
FOR
VILLAGE CREEK WASTEWATER TREATMENT PLANT
MODIFICATIONS TO BAR SCREEN BUILDING NO. 3 AND JUNCTION BOX REHABILITATION PROJECT
PHASE 2 - CONSTRUCTION MANAGEMENT SERVICES
Project Description
Phase
2 CONSTRUCTION MANAGEMENT PHASE
TOTAL
MWBE Engineering Services
Proposed MWWBE Sub -Consultant
Multatech Engineering, Inc.
Mr. James Speck
2821 West 7th Street, Suite 400
Fort Worth, Texas 76107
P hone: (817) 877-5571
Jaster-Quintanilla, LLP
Chris Story
2105 Commerce Street, Suite 300
Dallas, Texas 75201
P hone: (214) 752-9098
Mas-Tek Engineering & Associates, Inc.
Mr. Aaron Cotton, Jr.
3228 Halifax Road, Suite B
Dallas, Texas 75247
P hone: (972) 709-7384
Engineering
Fee
Services
$294,699
M/WBE M/WBE
Fees
$36,850 13%
$294,699 $36,850 13%
Fee
Odor Control $14,800 5%
Engineering Design
Structural $5,825 2%
Engineering Design
Materials Testing and $16,225 6%
Testing Laboratory Services
TOTAL $36,850 13%
EXHIBIT '"B-2'
ENGINEERING FEE DEVELOPMENT
FOR
VILLAGE CREEK WASTEWATER TREATMENT PLANT
MODIFICATIONS TO BAR SCREEN BUILDING 3 AND JUNCTION BOX REHABILITATION PROJECT
PHASE 2 - CONSTRUCTION MANAGEMENT SERVICES
QAIQC
Hours
TASK SUMMARY - BASIC SERVICES
Project Manager
Hours
Project Engineer
Hours
CADD
Hours
RPR
Hours
Cost Estimator
Hours
Admin
Hours
Subtotal
Hours Cost
MWBE Subs
JQ 1 Multatech 1 MasTek
OP
Mark Up
ODCs
ODC
Mark Up
TOTAL
Cost
I 1 1
PHASE 2 - CONSTRUCTION MANAGEMENT SERVICES
1.0 Construction Administration/Proiect Management (12 months)
2.0 Construction Phase Meetings (13 meetings) 8
3.0 Materials Testing and Testing Laboratory Services
4.0 Shop Drawing Review
5.0 RFIs
6.0 Change Order Requests
7.0 Record Drawings
8.0 BXvss Pumping Coordination (10 meetings/2 hr meetings)
HRC Operation Assistance during Bypass Pumping (20 wks/2
9.0 days/wk/4 hrs/dav)
10.0 DeveIpp E n,ergencv Response Plan 2
After -Hour Supervision and Inspection during Bypass Pumping
11.0 Operation(20 wks/1 night a week;/12 hrs/night)
12.0 Construction Resident Representation (12 months, 3 dav/week) 8
GRAND TOTAL' 18
18
30
4
36
10
10
4
20
16
16
32
20 4
4 4
12 20 4
160
4 8
24 240
1152
160 268 I 28 I 1396 I 0
18 36 $ 4,147 $ 5,825 $14,800
10 64 $ 9,318
20 $ 2,534
40 108 $ 12,365
34 $ 4,378
18 $ 2,483
4 44 $ 4,901
$ 3,200
$ 18,944
$ 2,067
$ 34,464
80 1240 $ 154,547
152 115641 $253,3491
$1,031 $500 $50 $25,272
$500 $50 $9.818
$16,225 $811 $18.759
$1,000 $100 $13,365
$4.378
$2.483
$500 $50 $5,401
$3,200
$18,944
$2,067
$34 464
$2,000 $200 $156,547
$5,8251 $14,8001 $16,2251 $1,8431 $4,5001 $4501 $294,6991
4/12/2011 9 1 / AM
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Construction Management for
Village Creek WRF
Modifications to Bar Screen Building 3 and
Junction Box Rehabilitation Project
CITY PROJECT NUMBER 00186
NOT USED
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19,2010
Page 1 of 1
EXHIBIT D
PROJECT SCHEDULE
FOR
VILLAGE CREEK WASTEWATER TREATMENT PLANT
MODIFICATIONS TO BAR SCREEN BUILDING NO. 3 PROJECT AND
JUNCTION BOX REHABILITATION PROJECT
PHASE 2 CONSTRUCTION MANAGEMENT SERVICES
• Contractor's Notice to Proceed April 11, 2011
• Substantial Completion March 6, 2012
• Final Completion April 5, 2012
END OF EXHIBIT D
EXHIBIT D D-1 4/14/2011
ATTACHMENT "E"
LOCATION MAP
Construction Management for Village Creek WRF
Modifications to Bar Screen Building No. 3 and
Junction Box Rehabilitation Project
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Page 1 of 2
City of Fort Worth, Texas
ayor an ouncil ommunication
COUNCIL ACTION: Approved on 4/12/2011
DATE: Tuesday, April 12, 2011 REFERENCE NO.: **C 24859
LOG NAME 60CDM CONST MGMT
SUBJECT:
Authorize Execution of an Engineering Agreement in the Amount of $294,699.00 with Camp Dresser &
McKee Inc., for Construction Management of Modifications to Bar Screen Building No. 3 and Junction Box
Rehabilitation at Village Creek Water Reclamation Facility (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Engineering Agreement
in the amount of $294,699.00 with Camp Dresser & McKee, Inc., for Construction Management of
Modifications to Bar Screen Building No. 3 and Junction Box Rehabilitation at Village Creek Water
Reclamation Facility.
DISCUSSION:
On January 25, 2011, (M&C C-24719) the City Council authorized a construction contract with Ark
Contracting Services, LLC for construction of Modifications to Bar Screen Building No. 3 and Junction
Box Rehabilitation at Village Creek Water Reclamation Facility
This proposed Construction Management agreement with Camp Dresser & McKee, Inc. (CDM) will
provide oversight for multiple treatment process shutdowns required to complete the construction contract.
A new junction box will be constructed and several junction boxes will be rehabilitated. The shutdowns will
likely require around the clock by-pass pumping of untreated wastewater for several weeks.
Staff considers the compensation to be fair and reasonable for the scope of services provided and
recommends approval.
Camp Dresser & McKee, Inc., is in compliance with the City's M/WBE Ordinance by committing to 13
percent participation. The City's goal on this project is 13 percent.
The Village Creek Water Reclamation Facility is located in COUNCIL DISTRICT 5 and serves ALL
COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Sewer Capital Project Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
P275 531200 701300018680 $294.699.00
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Originating Department Head:
Fernando Costa (6122)
S. Frank Crumb (8207)
http://apps.cfwnet org/ecouncil/printmc.asp?id=15053&print=true&DocType=Print 4/15/2011
Page 2 of 2
Additional Information Contact:
Madelene Rafalko (8215)
ATTACHMENTS
1. 60CDM CONST MGMT FAR.odf (CFW Internal)
2. 60CDM CONST MGMT MAP.Ddf (Public)
3. 60CDM CONST MGMT MWBE COMPLIANCE.Ddf (CFW Internal)
4. P275 485110.odf (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15053&print=true&DocType=Print 4/15/2011