Loading...
HomeMy WebLinkAboutContract 62477CSC No. 62477 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and AECOM Technical Services, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: RPR For EAGLE MOUNTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION ("Project") — Project No. 105176. Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $95,911.00 ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: December 8, 2023 Page 1 of 9 RPR For EAGLE MOUNTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION CPN 105176 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of 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 respondeat 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 orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product 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 performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. City of Fort Worth, Texas RPR For EAGLE MOUNTAIN WATER TREATMENT Standard Agreement for Professional Services PLANT (EMWTP) 35 MGD EXPANSION Revision Date: December 8, 2023 CPN 105176 Page 2 of 9 Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that 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 subcontractor agrees that 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 subcontractor(s), involving transactions to the subcontract, and further, that City shall City of Fort Worth, Texas RPR For EAGLE MOUNTAIN WATER TREATMENT Standard Agreement for Professional Services PLANT (EMWTP) 35 MGD EXPANSION Revision Date: December 8, 2023 CPN 105176 Page 3 of 9 have access during normal working hours to all subcontractor 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 subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. 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. Article XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for this Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII 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 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 or its subcontractor(s). Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM City of Fort Worth, Texas RPR For EAGLE MOUNTAIN WATER TREATMENT Standard Agreement for Professional Services PLANT (EMWTP) 35 MGD EXPANSION Revision Date: December 8, 2023 CPN 105176 Page 4 of 9 ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of 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 Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. City of Fort Worth, Texas RPR For EAGLE MOUNTAIN WATER TREATMENT Standard Agreement for Professional Services PLANT (EMWTP) 35 MGD EXPANSION Revision Date: December 8, 2023 CPN 105176 Page 5 of 9 Article XVIII Notices Notices regarding Articles IX or X are to be provided 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: Chris Harder, P.E. Water Department 200 Texas St. Fort Worth, Texas 76102 Consultant: AECOM Technical Services, Inc., Attn: Matthew Abbe, Associate Vice President 13355 Noel Road, Suite 400 Dallas, TX 75240 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas RPR For EAGLE MOUNTAIN WATER TREATMENT Standard Agreement for Professional Services PLANT (EMWTP) 35 MGD EXPANSION Revision Date: December 8, 2023 CPN 105176 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII 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 Agreement. City of Fort Worth, Texas RPR For EAGLE MOUNTAIN WATER TREATMENT Standard Agreement for Professional Services PLANT (EMWTP) 35 MGD EXPANSION Revision Date: December 8, 2023 CPN 105176 Page 7 of 9 Article XXIII Attachments, Schedules and Counterparts 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. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Insurance Requirements City of Fort Worth, Texas RPR For EAGLE MOUNTAIN WATER TREATMENT Standard Agreement for Professional Services PLANT (EMWTP) 35 MGD EXPANSION Revision Date: December 8, 2023 CPN 105176 Page 8 of 9 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Wit��Ihlll—� 1d�3: H CS I) William Johnson Assistant City Manager Date: Dec 18, 2024 44ft Rj ° ATTEST: Pvo °=0 � AQR aEXA54~y Jannette Goodall City Secretary APPROVAL RECOMMENDED: CGc�r;tto�Gce� lta�ole� By: Chris Harder, P.E. Director, Water Department BY: CONSULTANT AECOM Technical Services, Inc., Matthew Abbe, P. E. Associate Vice President Date: 12/16/2024 APPROVED AS TO FORM AND LEGALITY M&C No.: N/A WW90-1 M&C Date: N/A By: Douglas Black (Dec 18, 202410:15 CST) Douglas W Black Form 1295 No.: N/A Sr. Assistant City Attorney Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. C�nmRd7ylcaaaa.��G James W. McDonald, P.E. Project Manager City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: December 8, 2023 Page 9 of 9 RPR For EAGLE MOUNTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION CPN 105176 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR RPR FOR EAGLE MOUNTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION CITY PROJECT NO.: 105176 ATTACHMENT A Scope for Enqineerinq Related Services for Resident Project Representative, Construction Management, and Inspection Services SERVICES FOR RPR FOR EAGLE MOUNTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION CITY PROJECT NO.: 105176 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. This scope is to provide third -party Construction Management (CM) preconstruction, construction management, and inspection services for the RPR for Eagle Mountain Water Treatment Plant (EMWTP) 35 MGD Expansion. The CM scope of services will be divided into two phases. Phase I consists of Preconstruction Services which will be performed in the remaining design phase portion of the project up until construction contract award which is anticipated by June 2025. Phase 2 will include construction phase services, start-up, and project closeout activities. Phase 2 scope of services is not included herein. PHASE 1 WORK TO BE PERFORMED Task 1. Project Management and Meetings Task 2. Constructability Review Task 3. Additional Services TASK 1. PROJECT MANAGEMENT AND MEETINGS. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Project Setup • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources City of Fort Worth, Texas Attachment A Updated: 12.06.2024 Page 1 of 4 ATTACHMENT DESIGN SERVICES FOR RPR FOR EAGLE MOUNTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION CITY PROJECT NO.: 105176 1.2. Internal Team Meetings • Prepare and submit monthly progress reports in the format provided by the Water Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. 1.3. Periodic Engineer of Record (EOR) Design Virtual Meetings (3) • Attend a kickoff/chartering meeting with CITY staff to confirm and clarify scope, and understand CITY objectives. • Prepare invoices and submit monthly in the format requested by the CITY. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • 3 meetings with city staff and FOR • Up to 6 monthly water department progress reports will be prepared • Up to 6 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes TASK 2. PERFORM CONSTRUCTABILITY REVIEW. Prior to the Contract Documents being released for bids, AECOM shall perform a constructability review of the Contract Documents. The constructability review shall also identify uncertainty and ways to minimize unquantifiable risks to the bidders. The review will include checking the Contract Documents (plans and specifications) for completeness and physical feature or system interface points. Potential coordination issues, missed details, potential time delays, potential risks and liabilities, and inter -Contractor coordination items should be identified. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 4 ATTACHMENT DESIGN SERVICES FOR RPR FOR EAGLE MOUNTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION CITY PROJECT NO.: 105176 Specifically, the constructability review will include: • Review of the Contract Documents for clarity, consistency, completeness, and ease of construction to achieve the overall project objectives. • Review of the Contract Documents to identify interfaces and potential interfaces between adjacent contracts (if any) to determine if they are clear and constructible. • Review of the Contract Documents for any inconsistencies among the Contract requirements. • Review specific requirements for major schedule milestones within the Contract to help determine coordination with other Contracts and prevent interruptions to existing operations. • Review of the Contract Documents for vagueness and ambiguities, in order to minimize change orders. • Perform review of Division 00 and 01 Specifications and provide recommendations (if any) for improved content based on AECOM's best management practices. • Review of bid list to verify bid items and quantities and verify the correct pay sections are referenced and concur with the units of measurements included in the list. • The constructability review will include three major tasks: o Kick-off/orientation workshop o Detailed constructability review & preparation of findings (Summary Memo) o Presentation of constructability review to FWWD and FOR • Provide examples of Competitive Sealed Proposals (CSP) language that has been successfully used on projects that were less than 100% cost -based. FWWD to review and consider/alter language for their benefit. DELIVERABLES A. Competitive Sealed Proposal (CSP) Examples. B. Summary memorandum. TASK 3. Additional Services ENGINEER will provide Additional Services as directed and authorized by CITY. Any additional services would be agreed to and authorized prior to implementation. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 4 ATTACHMENT DESIGN SERVICES FOR RPR FOR EAGLE MOUNTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION CITY PROJECT NO.: 105176 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right -of -entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Design phase public meetings • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to submitting for permits (ie.TxDOT, railroad, etc.) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of- way, and/or temporary right -of -entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 4 ATTACHMENT B COMPENSATION Design Services for RPR for EAGLE MOUNTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION City Project No. 105176 Time and Materials with Multiplier Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.00. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll -related taxes, payments, premiums, and benefits. ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Phase 1 PRP Tasks Proposed MWBE Sub -Consultants Non-MWBE Consultants Project Number & Name City MWBE Goal = 0% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 N/A at this time N/A at this time Fee Amount % $95,911 TOTAL $ 95,911 100% Total Fee MWBE Fee MWBE % $95,911 $ 0.00 0.00% Consultant Committed Goal = 0% B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 B-4 Professional Services Invoice Project Manager: Summary Project: IRPR for EAGLE MOUNTAIN WATER TREATMENT P City Project #: 1105176 I City Sec Number: I supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. Company Name: IAECOM Technical Services, Inc. I When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Supplier's PM: Chris Bessa Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 email: chris.bessa@aecom.com Office Address: 600 West 6th Street, Suite 406 Fort Worth, Tx 76102 Telephone: telephone, 1-214-741-7777 Fax: fax Remit Address: 1178 Paysphere Circle, Chicago, IL 60674 FID and Work Type Description Totals This Invoice Agreement LTD Agreement Amendment Amount to Completed Amount Amount Date Amount $95,911.00 $95,911.00 $95,911.00 $95,911.00 Overall Percentage Spent: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance $95,911.00 $95,911.00 AECOM Technical Services, Inc.1telephone: 1-214-741-7777 600 West 6th Street, Suite 406 11178 Paysphere Circle, Chicago, IL Fort Worth, TX 76102 160674 CFW Project Manager Supplier's Project Manager: JChris Bessa Supplier's PM email: chris.bessa@aecom.com Name of Project: TREATMENT PLANT (EMWTP) 35 MGD EXPANSION Total Labor 0.0 Subcontract Service NA NA NA Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expenses Nonlabor Expense Subtotal Total Expenses (Subcontract Services+Marku p+Non labor Expenses) Invoice Supplier Project No. Proj. Invoice No. Invoice date: Period Service Date:From Service Date:To City Secretary Contract #: P.O. Number: Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DUE THIS INVOICE $0.00 Professional Services Invoice Project Manager: Project: RPR for EAGLE M NTAIN WATER TREATME City Project #: 105176 Work Type Desc: I Supplier Instructions: FID: City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Company Name: AECOM Technical Services, Inc. Supplier's PM: Chris Bessa Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 80 - Construction Description email: chris.bessa@aecom.com Office Address:600 West 6th Street, Suite 406 Fort Worth, TX 76102 Telephone: telephone:1-214-741-7777 Fax: fax Remit Address: 1178 Paysphere Circle, Chicago, IL 60674 Water Totals This Unit: Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $95,911.00 $95,911.00 $95,911.00 $95,911.00 Overall Percentage Spent: Percent Spent ($) Invoiced Previouslv_ Current Remaining Invoice Balance $95,911.00 $95,911.00 EXHIBIT B-2 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN RPR for Eagle Mountain Water Treatment Plant (EMWTP) 35 MGD Expansion Construction Management & Inspection Services (Phase I Preconstruction Services) City Project No. 105176 Task No. Task Description Project Director CM/PM Labor(hours) Construction Manager EIT Cost Estimator Administrative Total Labor Cost Expense Subconsultant MWBE I Non-MWBE Travel Reproduction Total Expense Cost Task Sub Total 2025 Rate $312 Taskl Protect /lagement and Meetings 4 1.1 Protect Setup 2 1.2 Internal Team Meetirl rs 1 1.3 Periodic FOR Design Meetings (3) 1 $285 $230 $130 $220 $1001 13 16 3 7 11 $11,663 $0 $0 $0 $0 $0 $11,663 1 6 6 10 6 3 3 9 2 $1,809 $5,792 $0 $1,809 $0 $5,792 $4,062 $0 $0 $0 $4,062 $0 $0 $0 $0 I Task 11 Perform Constructabilljv Review 5 60 124 44 2.1 Kick-Off/Orientation Workshop 6 8 2.2 Constructability Review 1 24 100 2.3 Provide CSP Examples 1 2 4 4 2.4 Div 0 & 1 Review & Provide Recommendations 1 24 4 8 2.5 Summaryy Memo of Findings 1 2 4 2 J 2.6 Presenfaiion of Construc�ability Review 1 2 4 4 0 0 $52,900 $0 $0 $150 $0 $150 $53,050 $3,550 $150 $150 $3,700 $30,672 $2,322 $0 $30,672 $0 $2,322 $9,112 $0 $9,112 $4,922 $2,322 $0 $4,922 $0 $2,322 Task III 3.1 Additional Services Additional Services as Directed by FW WD 1 0 01 0 0 0 0 $31,198 $0 $0 $0N$0' $0 $31,198 $31,198 $0 $31,198 $0 $0 $150 $150 $95,911 Totals $2,808 $20,805 $32,200 $6,110 $1,540 $1,100 $95,761 Project Summary Total Hours 64,563 Total Labor $95,761 Total Expense $150 MBE/SBE Subconsultant $0 Non-MBE/SBE Subconsultant $0 5% Sub Markup $0 MBE/SBE Participation 0.0% Total Project Cost $95,911 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Completed Percent Amount Complete $0 $0.001 1 Of 0%t 0%J ATTACHMENT "D" CERTIFICATE OF INSURANCE RPR For EAGLE MO NTAIN WATER TREATMENT PLANT (EMWTP) 35 MGD EXPANSION ("Project") City Project No.105176 City of Fort Worth, Texas Attachment D (