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HomeMy WebLinkAboutContract 49500 CITY BECR ffAR°@ 1 ' CONTRACT NO. 7 7 C CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED 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, (the "ENGINEER"), for a PROJECT generally described as: Village Creek WRF Thickening Modifications. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation The ENGINEER's compensation shall be in the amount of$1,809,500 as set forth in Attachment B. Article III Q� Terms of Payment N RECEIVED o AUG 1 42011 j Payments to the ENGINEER will be made as follows: CITYOFFORTWORTH ^' 6' CITYSECRETARy a A. Invoice and Payment �9 d s (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested City of Fort Worth,Texas �^ Standard Agreement for Engineering Related Design Services ®R� Revised Date:12.22.2016 OFFICIAL Page 1 of 16 CeTy SECRET FT.WORTH,TX 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 ENGINEER may, after giving 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 ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 2 of 16 t (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. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on 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 use 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 or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. 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 Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 3 of 16 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. (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 construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 4 of 16 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 Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent 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 less 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 5 of 16 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. i. The CITY shall be included as an insured with all rights of defense 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 exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically 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 extent 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 6 of 16 i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent 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 less 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 extent these damages are covered by workers compensation and employer'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. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, 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 attach the required insurance City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 7 of 16 documentation hereto 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. f. Insurers for all 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. 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. j. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 8 of 16 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. The doctrine of respondeat superior shall not apply. 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 or indirect, in 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 9 of 16 amendment to this AGREEMENT. P. 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. B. 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 Revised Date:12.22.2016 Page 10 of 16 E. 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 Personnel at Construction Site, and provisions providing for 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 11 of 16 (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 12 of 16 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 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. C. 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 a.) for convenience only by the City on 30 days'written notice. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days of written notice or thereafter fails to diligently complete the correction. (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; c.) 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 13 of 16 (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. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control, other than liability for damage to the extent caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. 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. 1. 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, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 14 of 16 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., VI.F., 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 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. Article VII Attachments, Schedules and Counterparts This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 this AGREEMENT: Attachment A-Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 15 of 16 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc. Jesus J. Chapa Thomas Haster, P.E. Assistant City Manager Vice President Date:—,4-e- -/ T �� Date:_ S/7 /2017 APPROVAL RE MMENDED: Contract Compliance Manager: By signing, I acknowledge that I am the By: person responsible for the monitoring and ara S uror� administration of this contract, including Acting Director, Water Department ensuring all performance and reporting requirements. Farida S. Goderya, P.E., Ph.D. Senior Project Manager APPROVED AS TO FORM AND LEGALITY By: Douglas W. Black Assistant City AttornoF,FoRT� ••O ATTEST: _ = Form 1295 No. 2017-221041 ,Ir XAS M&C No.: L - ?• 0,- 2 17 Mary J. er City Secr nary M&C Date: 0 53 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Date:12.22.2016 Page 16 of 16 CITY SECRETARY FT.WORTH,TX ATTACHMENTA DESIGN SERVICES FOR VCWRF THICKENING MODIFICATIONS CITY PROJECT NO.:CO2647 ATTACHMENT A SCOPE OF SERVICES FOR VILLAGE CREEK WRF THICKENING MODIFICATIONS CITY PROJECT NO.: CO2647 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. WORK TO BE PERFORMED Task 1. Design Management Task 2. Design Phase Services Task 3. Bid Phase Services TASK 1. DESIGN MANAGEMENT. ENGINEER shall help facilitate an efficient use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change: ■ through communication, ■ by coordinating internally and externally as needed, and ■ proactively addressing issues with the CITY's Project Manager (PM) and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct the consultant team activities. • Verify quality control is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. 1.2. Communications and Reporting • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports. • Prepare and submit baseline Project schedule. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. CITY of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 ASSUMPTIONS • 17 MWBE reports will be prepared. • 17 monthly water department progress reports will be prepared. • The project schedule will be prepared in Microsoft Project. DELIVERABLES • Monthly invoices. • Monthly progress reports. • Baseline schedule. • Monthly M/WBE Report Form and Final Summary Payment Report Form. TASK 2. DESIGN PHASE SERVICES. 2.1 Kick-off Workshop • Facilitate a project kick-off workshop with CITY staff to confirm and clarify scope and schedule, understand CITY objectives and concerns, and provide a clear basis for the design. 2.2 Village Creek WRF Thickener Process Study Final Report • Update Solids Projections o Using the existing Hydromantis' GPS-X process model, update solids projections developed as part of the Final Draft VCWRF Biosolids Implementation and Long-Term Master Plan (CH2M, 2014) based on changed operating conditions at the VCWRF. Changes to operating conditions shall be provided by the CITY. o Recalibrate the GPS-X model to current operating conditions and apply historical per capita loads and peaking factors to future population and flow projections to estimate future solids quantities. o It is assumed future population and flow projections will be based on the Final Draft VCWRF Biosolids Implementation and Long-Term Master Plan (CH2M, 2014) and cross checked against the Water and Wastewater Impact Fee Update(FNI, 2016). It is assumed any adjustments to the master plan population and flow projections will be as directed by the CITY. o It is assumed historical influent loading, per capita loads, and peaking factors (from 2009 through 2013) developed as part of the Final Draft VCWRF Biosolids Implementation and Long-Term Master Plan (CH2M, 2014) will be used as the basis for developing solids projections. o The updated the solids projections will be incorporated into the Alternative Screening TM and Detailed Alternative Evaluation TM. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 • Develop an additional scenario for thickening both primary sludge and waste activated sludge (WAS) in the former centrifuge building. o Primary sludge is to be thickened using rotary drum thickeners (RDTs). o WAS is to be thickened using the gravity belt thickeners (GBTs) in the existing Gravity Belt Thickener Facility and new GBTs in the former centrifuge building. o Evaluate two options for a new primary sludge feed wet well including (1) conversion of an existing Gravity Thickener into a wet well and (2) conversion of one side of the existing WAS Holding Tanks into a wet well. Assess the condition of the Gravity Thickener covers and make recommendations for rehabilitation or replacement of one cover for use as a primary sludge wet well. No material testing will be conducted. It is further assumed the City will provide necessary measures to perform a confined space entry. o Evaluate the WAS Holding Tank pumps (DI Pumps) capacity and applicability for transferring WAS to the existing Gravity Belt Thickener Facility. o Evaluate two options for odor control included (1) piping foul air from the RDTs and new primary sludge wet well to the existing biofilters and (2) addition of a new odor control system near the former centrifuge building. o It is assumed that the previously developed TM's (Polymer Optimization TM, Condition Assessment TM, and Alternative Screening TM) would not be modified to incorporate the additional scenario. Only the Detailed Alternative Evaluation TM will be modified to include the additional scenario. • Review bench and pilot test results from RDT manufacturers and City staff recommendations regarding manufacturer and equipment preferences. Incorporate feedback and results from the testing into the Detailed Alternative Evaluation TM and make recommendations on which manufactures to consider in the design. • Assemble final versions of the Village Creek WRF Thickener Process Study TM's in a single, bound report provided with an Executive Summary. • Meet with the CITY to review Final Report. • Provide three sets of 3-ring bound, hard cover report and 1 electronic .pdf file of the Final VCWRF Thickener Process Study. 2.3 Primary Sludge Screening Evaluation • Evaluate the feasibility of in-line primary sludge screening. The evaluation shall be limited to use of in-line screening systems that separate, compact, and dewater screenings in a single system (similar to the plant's existing scum screen). The evaluation will include recommendations on the number of screening units required, pumping (if needed), odor control, and location. Two locations will be considered; (1) upstream of the existing grit cyclones and (2) downstream of the grit cyclones and before the Gravity Thickeners. A conceptual plan layout showing footprint requirements and major equipment will be provided in either CAD form or hand sketch for the recommended location. Elevation CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 views will not be provided. Odor control is limited to evaluating the additional loading to the existing biofilters and its impact on their treatment capacity. An OPCC and phasing through 2040 will be developed for the recommended location. Results of the evaluation will be included in the Final Report as a stand- alone Technical Memorandum. Design and Bid Phase services for primary sludge screening is an Additional Service. 2.4 Thirty Percent Design • Develop 30% design plans and an opinion of probable construction costs (OPCC) for the following Project areas: Existing GBT Facilitv o Provide modifications for improved odor capture and adequate ventilation to treat odors when processing primary sludge. Prior to design, it is assumed a decision with the CITY will be made whether to address odor capture by (1) use of a partition wall separating the facility in two areas or (2) providing individual enclosures around each GBT per options evaluated in the VCWRF Thickener Process Study. o Addition of a GBT WAS feed sampling point. O Interconnect polymer feed piping and add three polymer feed flow meters. o Removal of the water heater and replacement with a new water heater or hot water high pressure washer. Prior to design, it is assumed a decision with the CITY will be made to replace the water heater or purchase a hot water high pressure washer. o Evaluate the low water pressure sensor on GBT No. 3 and determine cause of alarm when nozzle cleaning wheel is utilized. Replace sensor and/or correct pressure sensor setting. Sludge Thickening Facility O Rehabilitation of the former centrifuge building into a Sludge Thickening Facility to house RDTs for thickening primary sludge and GBTs for thickening WAS. The RDTs and GBTs will be located on the upper operating floor along with polymer storage tanks and associated thickening unit polymer feed systems. Thickening unit feed pumps and thickened sludge pumps will be located in the lower operating floor. o The building will be gutted of existing mechanical (equipment, piping, valves), HVAC (louvers and air handling units) and electrical (MCCs, conduits, racks). o Modifications to the former centrifuge building generally consist of the following: ■ Removal of interior walls and structural modifications as required to accommodate new equipment. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 11 ATTACHMENT DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 ■ Repair of concrete cracks, spalling or other floor slab and concrete wall surface deficiencies. ■ Repair construction and expansion joints. ■ Remove or fill in screened sludge wet well. ■ Completely remove encasement around steel columns at the north wing for further evaluation of the steel columns and baseplates. All framing connections will be further evaluated and design improvements made as appropriate. It is assumed the CITY will remove the encasement. Design for improvements to the north wing steel columns is an Additional Service. ■ Replacement of handrail. ■ Replacement of the roof deck, purlin framing, and roofing. ■ Repair and/or replacement of damaged walls and ceilings (interior and exterior). ■ Installation of a bridge crane in the north and south wing upper operating floors. ■ Replacement of doors, windows, and louvers. ■ Installation of roll-up doors. ■ New interior finishes. ■ Ventilation and freeze protection for the upper and lower operating floors of the north and south wings. ■ New floor drains added to the upper and lower operating floors of the north and south wings. ■ Extension of existing paving to roll-up doors. ■ Modifications or additions of paving to accommodate the new electrical building. ■ Improve lighting for both floors as needed. o To the extent possible, photographs will be used to develop demolition drawings. o Provide a blower/duct system to convey foul air from the RDTs to the existing biofilters. All ducting is assumed to be above grade with one structural framing system to elevate the ducting over the roadway between the former centrifuge building and existing GBT Facility. Design of a new odor control system is an Additional Service. o No odor control is being provided for the GBTs. Design of foul air conveyance and/or an odor control system to accommodate utilizing GBTs for thickening primary sludge is an Additional Service. o Provide a new prefabricated metal electrical building near the former centrifuge building (similar to the Deep Bed Media Filter electrical building). CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 Gravity Thickener o Remove and replace the de-gritted primary sludge piping header in the pipe gallery between the Grit Building and Digester pipe gallery. Assess the pipe drops and associated appurtenances to each Gravity Thickener to determine if they require replacement or will remain. The design for replacement of the pipe drops is an Additional Service. o Convert one Gravity Thickener into a primary wet well for the new Sludge Thickening Facility to include (assumed recommendation from Task 2.2): ■ Remove the cover and tank internals. ■ Provide a new odor control cover. ■ Provide a mixing system. ■ Provide pumping and yard piping for conveyance of primary sludge to the new Sludge Thickening Facility. o Task 2.2 is evaluating converting either a Gravity Thickener or WAS Storage Tank into a primary sludge wet well. For scoping purposes, it is assumed the level of effort for converting either to a wet well is roughly the same. WAS Storage Tanks o Rehabilitation to include replacement of diffusers with course bubble diffusers, replacement of gates, and replacement of the blowers located at the Scum Holding Tank. o Addition of gravity piping between the WAS Storage Tanks and a GBT feed pump suction header in the lower operating floor of the new Thickening Facility. o Replacement of the WAS DI Pumps (assumed recommendation from Task 2.2). o Replacement of the WAS Tank controls and instrumentation. o Additional structural modifications to the storage tanks consisting of the following: ■ Repair visible cracks on the interior wall surfaces using hydrophilic crack injection material. ■ Replace existing ladder on the east side stairs for improved worker access and personnel safety. ■ Replace all railings with new aluminum rail systems. ■ Replace access hatch covers over the decant boxes. ■ Blast clean and remove cementitious coating on the exterior wall surface and repair cracks or spalls to the existing concrete surface. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 Sludge Blend Tank o Addition of an external mixing system. The mixing system shall be designed around Landia's GasMix system. o Evaluate if the existing CRP mixing system should be kept in place or removed. Show as demolished in the design if recommended to be removed. o Removal of the cover insulation and replacement with a protective coating system. O Removal and replacement of the cover asphalt seal. DAFT Facility o Development of contract drawings for decommissioning of the DAFT Facility to include cleaning out the tanks, salvaging equipment for return to the CITY, and removal and disposal of mechanical items (piping, valves, equipment) not designated to be salvaged. o To the extent possible, photographs will be used to develop demolition and salvage drawings. o It is assumed the CITY will provide a list of equipment designated to be salvaged. Backwash Solids Clarifier o Add piping and valves for bypassing the Backwash Solids Equalization Basin and Clarifier for filter backwash from the Effluent Sand Filters. The bypass shall direct the backwash either to the 24-inch plant drain line going to Box EE or the 36-inch HRC sludge line going to Box F2. Verify the Effluent Sand Filter backwash pumps can adequately pump to either drain line. It is assumed the pumps will not be replaced or rehabilitated. Replacement or rehabilitation of the pumps is an Additional Service. o Add piping and valves for directing pumped solids from the Backwash Clarifier, that currently go to the WAS Storage Tanks, to either the 24-inch plant drain line going to Box EE or the 36-inch HRC sludge line going to Box F2. It is assumed the existing pumps will not be replaced or rehabilitated. Replacement or rehabilitation of the pumps is an Additional Service. O Addition of a service plant water line to the Backwash Clarifier area and fire hose connections located on opposite sides of the clarifier to be used for washing down the weir. • Facilitate a Preliminary Design Workshop with CITY staff to review the 30% design and OPCC. 2.5 Sixty Percent Design • Incorporate CITY comments received during the Preliminary Design Workshop and further develop the 30% design drawings to a 60% design level. Provide CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 60% design plans and technical specifications. Front-end specifications shall not be provided. • Develop a 60% OPCC. • Facilitate a 60% Design Workshop with CITY staff to review the 60% design and OPCC. 2.6 Final Design • Incorporate CITY comments received during the 60% Design Workshop and further develop the Contract Documents to a 90% design level. Develop a 90% OPCC. • Facilitate a 90% Design Workshop with CITY staff. • Incorporate CITY comments received during the 90% Design Workshop and submit Contract Documents (100%) to the CITY. • Develop and submit a Summary Transmittal Letter to TCEQ for approval of the project. 2.7 Survey • Topographic survey shall be provided around the perimeter of the Sludge Thickening Facility to locate permanent improvements on and immediately adjacent to the site, tie down the new MCC Building and yard piping, and provide contours for drainage. Contours shall be on one foot intervals. 2.8 Geotechnical • Provide up to two (2) borings at the location of the Sludge Thickening Facility new MCC Building. The borings will be conducted once the site for the MCC Building has been agreed to by the CITY. Provide recommendations for foundation and site preparation of the MCC Building in a Technical Memorandum. 2.9 Building Permit • Prepare building permit application(s) for improvements to the former centrifuge building and the new MCC Building in accordance with CITY requirements. ADDITIONAL ASSUMPTIONS • ENGINEER is not addressing lead and asbestos in the former centrifuge building. CITY will mitigate identified lead and asbestos prior to construction. • Thickening improvements will be designed to meet 2025 solids projections. • Based on current 2025 solids projections, up to 10 RDTs and 2 GBTs will be required in the new Sludge Thickening Facility. The design of additional thickening units and their supporting infrastructure, as a result of revised solids projections per Task 2.2, is an Additional Service. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 • Design drawings for the Sludge Thickening Facility will be in 3-D through 60% design. Design drawings for all other project areas will be in 2-D. • CITY front end documents shall be used along with all relevant and applicable City Standard Specifications from various Divisions. • All contract plans will be half size, 11"x17". Full size drawings or mylar drawings will not be provided. • The design phase shall be complete within 15 months (3 months for completion of the Study Final Report and 12 months for completion of the design). DELIVERABLES • Kick-off Workshop: Workshop summary notes focused on decisions and action items. • Thickener Process Study: 3 (including 1 PDF) sets of 3-ring bound Final Report. • 30% Design: 11 (including 1 PDF) sets of 11" x 17" design drawings for CITY review and comment. • Preliminary Design Workshop: Workshop summary notes focused on decisions and action items. • 60% Design: 11 (including 1 PDF) sets of 11" X 17" design drawings and technical specifications for CITY review and comment. • 60% Design Workshop: Workshop summary notes focused on decisions and action items. • 90% Design: 11 (including 1 PDF) sets of Contract Documents for CITY review and comment. • 90%Workshop: Workshop summary notes focused on decisions and action items. • 100% Design: 5 (including 1 PDF) sets of Contract Documents. TASK 3. BID PHASE SERVICES ENGINEER will support the bid phase of the project as follows. 3.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools shall be uploaded into the project's Bid Results folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 10 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • 10 sets of conformed contract documents (11"x17" plans and specifications) will be delivered to the CITY. • PDF files will be uploaded to Buzzsaw. • Bid Phase shall be complete within 2 months. DELIVERABLES • Addenda • Bid tabulations • Recommendation of award • Conformed construction documents ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq 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: • Survey beyond that identified in Task 2.7. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 11 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:CO2647 • Geotechnical investigations, studies, and reports beyond that identified in Task 2.8. • Preparing Operation and Maintenance Manuals, updating the plant Operation and Maintenance Manual, or preparing Standard Operating Procedures. • Design of additional sludge thickening units and supporting infrastructure as a result of increased solids projections from Task 2.2. Based on current 2025 solids projections, up to 10 RDTs and 2 GBTs will be required in the new Sludge Thickening Facility. • Design of a new odor control system for treating primary sludge thickening via RDTs. • Design improvements to the former centrifuge facility north wing steel columns. • Design for the replacement of pipe drops coming off the de-gritted primary sludge header to the Gravity Thickeners. • Design for the rehabilitation or replacement of the Effluent Sand Filter backwash pumps. • Design for the rehabilitation or replacement of the Backwash Solids Clarifier pumps. • Design and Bid Phase services for primary sludge screening. • Preparation of a TPDES permit amendment to incorporate project related improvements. • Preparation of a TCEQ Closure Plan for decommissioning of the DAFT Facility. • Performing investigations, studies, and analyses of substitutions or equipment and/or materials or deviations from the drawing and specifications. • Services required to resolve bid protest or to rebid the projects for any reason. • Construction Phase Services. • Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. • Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties. • 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. • Furnishing Special Inspectors required under Chapter 17 of the International Building Code. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 11 ATTACHMENT"B" Design Services for Village Creek WRF Thickening Modifications City Project No. CO2647 Time and Materials with Rate Schedule Project I. 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: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2017-2018 Rate ($/hour) Professional - 1 115 Professional - 2 140 Professional - 3 159 Professional -4 182 Professional - 5 213 Professional - 6 245 Construction Manager- 1 93 Construction Manager-2 119 Construction Manager-3 141 Construction Manager-4 176 CAD Technician/Designer- 1 98 CAD Technician/Designer-2 129 CAD Technician/Designer- 3 156 Corporate Project Support- 1 94 Corporate Project Support-2 113 Corporate Project Support- 3 151 Intern/Coop 58 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 five percent (5%). 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. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. I1. 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. 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. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. Process, Mechanical, Civil, $1,316,419.00 72.8% Electrical Proposed MBE/SBE Sub-Consultants JQ Infrastructure, LLC Structural and SurveC�ontrol $174,970.00 Signature Automation, LLC Instrumentation and $83,800.00 4.6% Non-MBE/SBE Consultants CH2M HILL Engineers, Inc. Odor Control $234,311.00 12.9% TOTAL $1,809,500.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE VCWRF Thickening Modifications, CO2647 $1,809,500.00 $258,770 14% City MBE/SBE Goal = 10% Consultant Committed Goal = 10% N s Villa e Creek - - g + i Water Reclamation Facility < ' (VCWRF) .T - i 3 f {Y yL '..� 'bob W we d.J �� , �11� = Edi r• _ - �.. _ '�y,�FF :r �" �,.... f, ,, � L,�• _ •.�� 1. ; ) -.�. ,I'l� --->f � Waste Activated Sludge (WAS) M. r _ • \, �.v Storage Tank BuildingNfl s _� ff Gravity Thickeners Gravity Belt Thickeners (GBT) Dissolved Air Flotation Thickeners (DAFT's) �.; MOW Iry At Feet � 0 300 600 9 COPYRIGHT roll CITY OF FORT WORTH FORTWORTH Village Creek Water Reclamation Facility (VCWRF) U'ISUTH°R¢DREPRODUCTION IS A VIOLATION OF APPLICABLE LAWS THtS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THEACCURACY IS NOT TO BE TAKEN I USED AS DATA PRODUCED FOR Thickener Process ImprovementsNGINEERING PURPOSES OR BY A REGISTERED PROFESS'ONAL LAND WA^rte SURVEYOR'THE CITY OF FORT l":ORTH ASS UNER NO RESPON0101Lftt WATER FOR THE ACCURACY OF SAID DATA City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/1/2017 -Ordinance No. 22817-08-2017& Resolution No.4826-08-2017 DATE: Tuesday,August 1, 2017 REFERENCE NO.: C-28317 LOG NAME: 60VCWRF THICKENING FACILITIES -ENG DESIGN SUBJECT: Authorize Engineering Agreement with Freese&Nichols Inc.,in the Amount of$1,809,500.00 for the Process Evaluation and Engineering Design of the Thickening Facilities at the Village Creek Water Reclamation Facility, Provide for Additional Project Costs for a Total of$2,109,500.00,Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future debt for Village Creek Water Reclamation Thickening Facility Project; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer DPN Fund in the Amount of$2,109,500.00 from available funds; and 3. Authorize the execution of an Engineering Agreement with Freese& Nichols Inc.,in the Amount of$1,809,500.00 for process evaluation and engineering design of Thickening Processes at the Village Creek Water Reclamation Facility. DISCUSSION: The City of Fort Worth owns and operates the Village Creek Water Reclamation Facility(VCWRF),a 166 million gallons per day(MGD)plant, comprised of primary, secondary and tertiary treatment, chlorine disinfection and de-chlorination. The two-hour peak flow is rated at 369 MGD. The VCWRF produces anaerobically digested biosolids,which is further processed at the Biosolids Dewatering and Processing Facility,located two miles north of VCWRF. Freese&Nichols,Inc.,has been selected as the consulting firm for the improvements of Thickening Facilities at the VCWRF. This will include the finalization of the preliminary evaluation study and detailed engineering design and contract documents of additional and improvement infrastructure needed for the thickening of primary sludge and secondary Waste Activated Sludge(WAS). The scope for the preliminary evaluation includes the following: updating of solids projections; developing an additional optimum scenario for thickening both primary and WAS Sludge in the existing proceeds. M/WBE OFFICE -Freese&Nichols,Inc., is in compliance with the City's BDE ordinance by committing to a 14 percent SBE participation. The City's SBE goal on this project is 10 percent. This project serves the entire City and is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, hinds will be available in the Water/Sewer DPN Fund. Appropriations for the Thickening Facility Project are as depicted in the table below: Fund Existing Additional Project Appropriations Appropriations Total* Water& Sewer Bond 2015A $315,113.00 $0.00 $315,113.00 Fund 56007 Water& Sewer DPN Fund 56011 $0.00 $2,109,500.00 $2,109,500.00 Project Total $315,113.00 $2,109,500.00 $2,424,613.00 *Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDS): TO Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) FROM Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Kara Shuror (8819) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS 1. 60VCWRF THICKENING FAC-REIMB RESOLUTION Rev.doc (Public) 2. 60VCWRF THICKENING FACILITIES -ENG DESIGN 60 AO.docx (Public) 3. ComplianceMemo-VC Thickener Design-Freese.ndf (CFw Internal) 4. FID Table for 60VCWRF THICKENING FACILITIES.pdf (CFw Internal) 5. Form 1295 for Freese.pdf (Public) 6. Journal for CPN CO2647 56011.JPG (CMInternal) 7. SAM SearchResults for Freese n Nichols.pdf (CFw internal) 8. VCWRF_Thickeners.pdf (Public) Lys/ -] CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-221041 Freese and Nichols, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/08/2017 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under thy contract. Project#CO2647 Village Creek WRF Thickening Improvements-Engineering Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Payne,Jeff Frisco,TX United States X New, John San Antonio,TX United States X Halley,Tricia Oklahoma City, OK United States X Gooch,Tom Fort Worth,TX United States X Nichols, Mike Fort Worth,TX United States X Milrany, Cindy Fort Worth,TX United States X Coltharp, Brian Fort Worth,TX United States X Pence, Bob Fort Worth,TX United States X Herchert, Robert Fort Worth,TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. SUSMNE M.JOHNSON NoU"Pvblk,State of 76xas comm.EVIres 03.19 aoao Notary ID 12OM64 S natdri ofhorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Kelly J. Shriver -,this the 8th day of June 20 17 to certify which,witness my hand and seal of office. AIQl_gjz_ Susanne M.Johnson Notary Signature of officer admin stering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.0.883