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CITY ; IF FORT @ O'er T C J TEXAS CONTRACT
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home rule municipality
(the "CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJI I CT generally described as: Construction
Phase Engineering Services for the Village Creek Waste Water Treatment Plant Filters 1-20
Modifications Project.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with Construction Phase Engineering Services for
the Village Creek Waste Water Treatment Plant Filters 1=20 Modifications Project.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article it
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment A.
However the total fee paid by the City shall not exceed a total of $995,000 unless the City
and the Consultant mutually agree upon a fee amount for additional services and amend
this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 1 of 8
02--01-13 P01
OFFICIAL RECOR
CITYSECRETARY
pORTh,TX
Article 111
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two
years, beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents employees, contractors,
and subcontractors and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the Consultant
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
Consultant or Consultant's agent, consultant under contract, or another entity over
which the Consultant s exercises control.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
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 BP $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Water Utilities, Attention <City
Representative here>, 1000 Throckmorton, Fort Worth, TX 76102, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non -renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 3 of 8
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g.
Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant s insurance.
Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
City of Fort Worth Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 4 of 8
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2 of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant 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 any directly pertinent books, documents, papers and
records of such sub -consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub -
consultant facilities, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub -consultant reasonable advance notice of intended
audit.
(3) Consultant and sub -consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 5 of 8
Article X
Minority and Women Business Enterprise (M/WBE) Participation
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE') in City contracts.
Consultant acknowledges the M/WBE goal established for this Agreement and its
commitment to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Consultant 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.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant agrees to defend indemnify and hold harmless City
and all of its officers, agents and employees from and against all claims or liability arising out
of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its
employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 6 of 8
Article XIV
S everability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
N otices
N otices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth
Attn: Water Utilities
1000 Throckmorton
Fort Worth, Texas 76102
Consultant:
Freese and Nichols, Inc.
Attn: David Jackson P E., BCEE, Vice President
4055 International Plaza, Ste. 200
Fort Worth, Texas 76109
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 7 of 8
Article XVII
Counterpart
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
Executed and effective this the day of le/72013.
BY:
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Date: /Mb
APPROVAL RECOMMENDED:
By:
S Frank Crumb
Director, Water Department
BY:
ENGINEER
Freese and Nichols, Inc.
Kendall Kin' P. F.
Vice President
Date:
APPROVED AS TO FORM AND LEGALITY MC No.:
By:
Douglas W. Black
Assistant City Attorney
ATTEST:
Mary J. Days
City Secretary
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 8of8
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OFFICIAL RECORD
CITY SECRETARY,
Ft WORTH TX
ATTACHMENT A
GENERAL SCOPE OF SERVICES
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE VILLAGE
CREEK WATER RECLAMATION FACILITY FILTERS 1-20 MODIFICATIONS
PROJECT
GENERAL SCOPE OF SERVICES
SECTION 1 - DESCRIPTION OF PROJECT, AGREEMENT AND SCHEDULE
This Project consists of Construction Phase General Representation and Construction Management
services for the construction of the Village Creek Water Reclamation Facility Filters 1-20
Modifications Project. Construction Phase services will begin approximately August 1, 2012 with
prequalification of bidders assistance. The construction period is expected to last from October 2012
through December 2014 The work includes rehabilitation of the existing Deep Bed Filters 1-20,
modifications to the backwash pumping and waste washwater pumping systems installation of new
electrical switchgear and control equipment, and miscellaneous plant improvements. The
construction cost for the project is $16,300,000.
The design of the filter renovation has been perfouned by Freese and Nichols, Inc (Design
Consultant, hereinafter ENGINEER) and its subconsultants under a Project administered by the City
of Fort Worth.
This agreement describes the services to be provided by ENGINEER. 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
ENGINEER is given additional written approval by the City.
SECTION 2 - BASIC SERVICES
This section describes the services ENGINEER will provide as basic services.
Upon completion of the bid or negotiation phase services, ENGINEER will proceed with the
performance of construction phase services as described below. ENGINEER will endeavor to
Attachment A-1
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protect the CITY in providing these services however, it is understood that ENGINEER does not
guarantee the Contractor's performance, nor is ENGINEER responsible for supervision of the
Contractor's operation and employees ENGINEER shall not be responsible for the means, methods,
techniques, sequences or procedures of construction selected by the Contractor, or any safety
precautions and programs relating in any way to the condition of the premises, the work of the
Contractor or any Subcontractor. ENGINEER shall not be responsible for the acts or omissions of
any person (except its own employees or agents) at the Project site or otherwise performing any of
the work of the Project.
This scope of services is based on ENGINEER providing part time on -site construction
administration and resident representation services for the project. The CITY will be responsible for
providing full time resident inspection for the project. These services are based on the use of City of
Fort Worth General Conditions for construction projects. The CITY agrees to include provisions in
the construction contract documents that will require the construction contractor to include
ENGINEER and their subconsultants on this project to be listed as an additional insured on
contractor's insurance policies.
1.00 PRECONSTRUCTION PHASE SERVICES:
A. Assist the CITY in conducting one (1) pre -construction conference with the Contractor,
review construction schedules prepared by the Contractor pursuant to the requirements of
the construction contract, and prepare a proposed estimate of monthly cash requirements
of the Project from information provided by the Construction Contractor.
2.00 CONSTRUCTION PHASE GENERAL. REPRESENTATION SERVICES
A. Review contractor's submittals, including, requests for information, modification
requests, shop drawings, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the projects. Monitor the
progress of the contractor in sending and processing submittals to see that documentation
is being processed in accordance with schedules. A total of 75 shop drawings, 33
operation and maintenance manual reviews and 50 certified test report reviews are
included in the basic services.
B. Make up to seventy (70) visits to the site appropriate to the stage of construction,
including minimum monthly site visits for construction meetings, (as distinguished from
the Construction Management Services below) to observe the progress and the quality of
work, participate in monthly progress meetings and to attempt to determine in general if
the work is proceeding in accordance with the Construction Contract Documents In this
effort ENGINEER will endeavor to protect the CITY against defects and deficiencies in
the work of Contractors and will report any observed deficiencies to CITY. Visits to the
site in excess of the specified number are an additional service.
Attachment A-2
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C. Notify the contractor of non -conforming work observed on site visits. Review quality
related documents provided by the contractor such as test reports, equipment installation
reports or other documentation required by the Construction contract documents.
D. Interpret the drawings and specifications for CITY and Contractor(s). Responses to
ninety five (95) requests for information (RFIs) from the Contractor are included in the
basic services. Investigations, analyses, and studies requested by the Contractor(s) and
approved by CITY, for substitutions of equipment and/or materials or deviations from the
drawings and specifications are an additional service.
E Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and assist the Resident Representative in negotiations
with the contractor on behalf of the CITY to determine the cost and time impacts of these
changes. Evaluation of forty (40) proposed contract modifications or contract
modification requests is included in the basic services. Prepare change order
documentation for approved changes for execution by the CITY. Documentation of field
orders, where cost to CITY is not impacted, will also be prepared. Investigations,
analyses, studies or design for substitutions of equipment or materials corrections of
defective or deficient work of the contractor or other deviations from the construction
contract documents requested by the contractor and approved by the CITY are an
additional service. Substitutions of materials or equipment or design modifications
requested by the CITY are an additional service.
F. Prepare documentation for contract modifications required to implement modifications in
the design of the project. Receive and evaluate notices of contractor claims and make
recommendations to the CITY on the merit and value of the claim on the basis of
information submitted by the contractor or available in project documentation. Endeavor
to negotiate a settlement value with the Contractor on behalf of the CITY if appropriate.
Providing these services to review or evaluate construction contractor(s) claim(s),
supported by causes not within the control of ENGINEER are an additional service
G. Provide up to 60 hours of onsite assistance or offsite consultation to assist assigned
Process Control and SCADA Integration personnel with updated SCADA controls.
H. Provide startup assistance for commissioning of various filter startups throughout the
duration of the project, including assistance during functional demonstration testing.
I. Conduct, in company with CITY's representative and Resident Representative, a final
review of the Project for conformance with the design concept of the Project and general
compliance with the Construction Contract Documents. 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.
Review and comment on the certificate of completion and the recommendation for final
payment to the Contractor(s). Visiting the site to review completed work in excess of two
trips are an additional service.
Attachment A-3
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J. Revise the construction drawings in accordance with the information furnished by
construction Contractor(s) reflecting changes in the Project made during construction.
Six (6) sets of prints of half-size and two (2) sets of full-size "Record Drawings shall be
provided by ENGINEER to CITY In addition, one (1) unbound half-size record drawing
will be provided along with four (4) sets of pdf format drawings will be provided on
separate compact disks.
K. Provide up to 8 hours of operator training on the design intent and operation of the filter
system Includes coordination with CITY and VCWRF staff on training materials and
distribution of pertinent O&M information.
3.00 CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT SERVICES
The construction phase services focus on assistance in bidding and construction management
services for the Village Creek Water Reclamation Facility Filters 1-20 Modification project.
3.01 Assistance with Contractor Selection
A. Assist the City in preparing evaluation of contractors' qualifications and recommend
eligibility to bid for the project 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.
3.02 Construction Contract Administration
Provide part time on -site resident engineering and construction inspection 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 ENGINEER and CITY staff will be as follows:
• ENGINEER will provide one (1) Construction Manager working an average of 20
hours per week for a period of 23 months
• CITY will provide one (1) part time FWWD Resident Representative working under
the Construction Manager working an average of 20 hours per week for the project
duration. The FWWD Resident Representative will be available full time for
observing filter gravel underdrain installation working an estimated 40 hours per
week for a period of 20 weeks during filter media installation.
• ENGINEER will provide one (1) part time Resident Representative, providing
specialty observation for electrical and instrumentation installation and testing,
working an average of 24 hours per week for a cumulative period of two (2) months.
• ENGINEER will provide one (1) Field Clerk working an average of 16 hours per
week for a period of 14 months and an additional eight (8) hours per week for a
period of 12 months.
Attachment A-4
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The Construction Manager will serve as project facilitator, coordinating the flow of
information between the City and the Contractors. The FWWD Resident Representative will
observe the work, participate in quality control testing, and maintain daily reports. Part time
field clerical support will be provided. Part time electrical/instrumentation specialty
inspections will be provided. On -site matenals testing services will be provided as required.
Typical services will include:
A. Assist the FWWD Project Manager in reviewing and recommending
acceptance of General Contractors and Process Control System Integrator
Sub -Contractors as pre -qualified bidders for this Project.
B. Attend pre -construction conferences with the City and construction
contractor(s)' key personnel Establish communication procedures with the
City and the Contractor(s).
C. 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. A total of 24 monthly reports are included in the basic
services.
D. Maintain a document control system utilizing the City of Fort Worth's
Buzzsaw program 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.
E Review Contractor(s)' application for payment and recommend payment in
accordance with the procedures in the construction contract documents.
F. Monitor Contractor(s)' compliance with minimum wage rate requirements as
required by the construction contract documents.
G. 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
Attachment A-5
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H. Provide a part-time Construction Manager as noted above The FWWD will
provide a part time Resident Representative for the project duration. The
Construction Manager and the FWWD Resident Representative will
coordinate inspection efforts to provide proper project coverage for
observation of the work completed. Provide documentation of observations
made while at the site. Furnish on -site clerical support, required materials
testing laboratory services, and 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.
I. Meet monthly with the Contractor(s) 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
J. Assist in the transfer of and acceptance by the construction contractor(s) of
any City -furnished equipment or materials.
K. Establish and administer quality assurance procedures in accordance with the
construction contract documents Notify contractor(s) of non -conforming
work observed. Coordinate special material tests and performance tests
needed to determine confoi mane of the work with the contract documents.
L Review quality related documents provided by the Contractor(s) 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
M. Establish procedures for administering constructive changes to the
construction contracts. Process contract modifications and negotiate with the
Contractor(s) 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.
N. 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(s) as required in the construction contract documents. The Design
Consultant(s) will revise the original construction drawings in accordance
with the information furnished by the construction contractor(s) to reflect
changes made in the Project during construction.
O. 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(s)
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before recommendation of final payment. Assist the City in obtaining legal
releases, peiniits, warranties, spare parts, and keys from the Contractor(s). At
completion of the Project and completion of the lists of deficiencies, the on -
site Resident Engineer will leave the Project site.
P. Provide internal quality assurance and project management services.
Q.
Provide claims management services. Assist the City with claims by the
construction contractor(s) and subcontractors by endeavoring to identify areas
of potential risk during design reviews, preparation of bid packages and as
construction progresses.
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
fouls of dispute resolution are an additional service.
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 CITY.
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
routine inspection of concrete and soils provided in Section 2 - Basic Services,
paragraph 3.02
F. Preparing any required Operation and Maintenance Manuals or updating the plant
Operation and Maintenance manual is an additional service. Conducting operator
training beyond Item 2 00 K of Basic Services is an additional service.
Attachment A-7
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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 CITY.
H. Assisting the CITY 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.
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 becomes effective after the date of this agreement
K. Conducting pilot plant studies or tests.
L. GIS mapping services or assistance with these services.
M. Geotechnical investigations, studies, and reports.
N. Providing post -construction warranty phase services and warranty follow up reviews.
Attachment A-8
L:\Resources\cbs\F\FortWorth\VCWWRP Filter 1-20 CM\CMContract
ATTACHMENT B
COMPENSATION
COST BASED ON HOURLY RATES WITH A MAXIMUM FEE LIMIT OPTION
Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges, but shall not exceed
$995,000,00, If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described
as Additional Services In Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed
based on the Schedule of Charges.
Schedule of Charges:
Position
PRINICIPAL
GROUP MANAGER
ENGINEER VIII
ENGINEER VII
ENGINEER VI
ENGINEER V
ENGINEER IV
ENGINEER III
ENGINEER II
ENGINEER I
ELECTRICAL ENGINEER VI
ELECTRICAL ENGINEER V
ELECTRICAL ENGINEER IV
ELECTRICAL ENGINEER III
ELECTRICAL ENGINEER 11
ELECTRICAL ENGINEER I
MECHANICAL ENGINEER VI
MECHANICAL ENGINEER V
MECHANICAL ENGINEER IV
MECHANICAL ENGINEER ill
MECHANICAL ENGINEER II
MECHANICAL ENGINEER I
PROGRAM MANAGER II
PROGRAM MANAGER I
CONSTRUCTION CONTRACT ADMIN 111
CONSTRUCTION CONTRACT ADMIN II
CONSTRUCTION CONTRACT ADMIN I
CONSTRUCTION MANAGER V
CONSTRUCTION MANAGER IV
CONSTRUCTION MANAGER III
CONSTRUCTION MANAGER II
CONSTRUCTION MANAGER I
DOCUMENT CONTROL SPECIALIST II
DOCUMENT CONTROL SPECIALIST
SR DESIGNER
DESIGNER II
DESIGNER I
SR CADD DESIGNER
CADD DESIGNER
TECHNICIAN IV
TECHNICIAN III
TECHNICIAN II
TECHNICIAN I
GIS ANALYST V
GIS ANALYST IV
GIS ANALYST III
GIS ANALYST II
GIS ANALYST I
Min Max Position Min Max
154.87 389 37 3D VISUALIZATION COORDINATOR 133.66 165 11
176,39 279 45 O&G ENGINEER VI 204.34 272 00
242,69 256 39 O&G ENGINEER V 188.05 197 88
215.15 241 08 O&G ENGINEER II 95.60 129 34
159.05 218 48 O&G ENGINEER - TRANSITION 163.13 167 04
135.46 178 02 ENVIRONMENTAL SCIENTIST VII 172.75 218 99
115.09 157 96 ENVIRONMENTAL SCIENTIST VI 169.18 169 18
102.99 128 25 ENVIRONMENTAL SCIENTIST V 119.58 152 80
96.36 110 19 ENVIRONMENTAL SCIENTIST IV 104.89 147 53
92.31 104 92 ENVIRONMENTAL SCIENTIST III 75.89 119 61
171.17 211 45 ENVIRONMENTAL SCIENTIST II 79.42 86 56
156.26 162 86 ENVIRONMENTAL SCIENTIST I 63.17 77 52
122.23 139 26 ARCHITECT VI 153.78 180 30
102.77 126 95 ARCHITECT V 125.90 162 93
86.63 107 01 ARCHITECT IV 124.30 127 16
81.24 100 35 ARCHITECT III 105.51 127.24
163.26 201 67 ARCHITECT II 85.78 105.96
134.04 165 58 ARCHITECT I 70.34 86.89
128.92 159.26 LANDSCAPE ARCHITECT V 119.70 147.87
95.97 124.20 LANDSCAPE ARCHITECT INTERN II 84.15 86.12
89.16 110.13 LANDSCAPE ARCHITECT INTERN I 59.35 76.80
83.03 102,57 PLANNER VII 183.23 226.34
168.69 208.38 PLANNER VI 167.62 203.66
109.79 135.62 PLANNER V 125.76 162.75
127.39 164.86 PLANNER IV 107.41 116.72
101.49 109.00 PLANNER III 88.94 98.67
64.24 79.36 PLANNER!! 73.42 95.01
147.59 204.54 PLANNER I 67.11 82.90
115.36 157.62 HYDROLOGIST VI 155.48 192.07
95.88 140.42 HYDROLOGIST V 109.96 135.84
84.32 121.72 HYDROLOGIST IV 109.11 117.13
75.21 92.38 HYDROLOGIST III 88.26 114.22
94.38 96.80 HYDROLOGIST II 80.37 99.28
54.54 59.26 SENIOR GEOLOGIST 109.27 134.98
136.00 179.79 GEOTECHNICAL ENGINEER VI 175.91 217.31
122.23 152.73 RIGHT OF WAY AGENT 81.27 100.39
106.47 131.52 PUBLIC INVOLVEMENT COORDINATOR 57.97 115.16
140.79 150.14 WORD PROCESSING/SECRETARIAL 52.39 100.47
101.32 140.39 OPERATIONS ANALYST 107.13 144.26
86.19 120.22 CONTRACT ADMINISTRATOR 77.76 79.87
71.16 88.98 PROJECT CONTROL SPECIALIST 71.74 77.18
60.45 84,90 INFORMATION SERVICES CLERK ill 48.55 59.98
52.52 67.96 INFORMATION SERVICES CLERK 11 38.28 49.98
119.65 128.38 INFORMATION SERVICES CLERK I 38.08 38.08
103.90 125.22 CO-OP 27.20 67.18
77.59 102.14
67.80 72.05
52.46 67.89
The ranges and Individual salaries will be adjusted annually.
RATES FOR INHOUSE SERVICES
Computer and CAD
PC CAD Stations $10.00 per hr.
Testing Apparatus
Density Meter
Gas Detection
Calcomp
Bond
Other
Color
Plotter Print Shop
$2.50 per plot Color Copies & Printing
$5.00 per plot
$5.75 per plot
$0.50 per single side copy
$1.00 per double side copy
Black & White Copies & Printing $0.10 per single side copy
$0.20 per double side copy
$700.00 per month
$20.00 per test Binding $5.75 per book
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel,
transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and
other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD
services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a
multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similarservices.
ggp0340.3/7/2012
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 PHASE ENGINEERING SERVICES FOR THE
VILLAGE CREEK WASTE WATER TREATMENT PLANTS FILTERS 1-20
MODIFICATIONS
PROJECT
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
Delete Paragraph D
Delete Paragraph E-
(2) and (3)
Delete Paragraph F
Delete Paragraph G
Delete Paragraph N
Delete Paragraph 0
Subsurface Investigations. Subsurface investigations are not included in
this Scope of Services.
Engineering Drawings Preparation of drawings for construction is not
included in this Scope of Services.
ENGINEER's Personnel at Construction Site.
Opinions of Probable Construction Cost, Financial Considerations, and
Schedules.
Construction Progress Payments.
Asbestos or Hazardous Substances.
Permitting Authorities - Design Changes. Preparation of drawings for
construction is not included in this Scope of Services.
Attachment C-1
L\RESOURCES\BLUESHEET\\FW\VCWWTP Filters 1-20 \CMCONTRACT ATTACH C
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/8/2013
DATE: Tuesday, January 08, 2013 REFERENCE NO.: **C-26044
LOG NAME: 60VC WRF DEEP FILTERS — CM SERVICES, F&N
SUBJECT:
Authorize Engineering Agreement with Freese and Nichols, Inc., in the Amount of $995,000.00 for
Construction Management Services During the Construction of Village Creek Water Reclamation Facility
Deep Bed Media Filters 1-20 Modifications (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Engineering Agreement with Freese and
Nichols, Inc., in the amount of $995,000.00 for Construction Management Services during the construction
of Village Creek Water Reclamation Facility Deep Bed Media Filters 1-20 Modifications.
DISCUSSION:
On January 25, 2011, (M&C C-24703) the City Council authorized the execution of an Engineering
Agreement with Freese and Nichols, Inc. to design the Filter Improvements at the Village Creek Water
Reclamation Facility for the rehabilitation of the 20 existing deep bed media filters.
On September 25, 2012, (M&C C-25887) the City Council authorized the construction contract with
Pepper−Lawson Construction, LP, for the Village Creek Water Reclamation Facility Deep Filters
1 −20 Modifications, in the amount of $16,268,000.00.
This contract provides for Construction Management Services during the construction project. The services
will include project administration and coordination, part—time resident engineer and inspection services,
document management, pre−construction conference, monthly progress meetings and site visits
weekly coordination with city, contractor and inspector, review of shop drawings, pay estimates, record data,
operational and maintenance manuals and other submittals, project completion activities and furnishing of
record drawings. Freese and Nichols, Inc., proposes to perform the necessary work for a fee not to exceed in
the amount of $995,000.00.
Staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the
contract, an amount of $100,000.00 is needed for inspection and Staff time.
Freese and Nichols, Inc., is in compliance with the City's BDE Ordinance by committing to 25 percent SBE
participation on this project. The City's SBE goal on this project is 20 percent.
This project serves the entire City and is located in COUNCIL DISTRICT 5, Mapsco 68N.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Sewer Capital Projects Fund.
FUND CENTERS:
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