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HomeMy WebLinkAboutContract 43723CITY SECWTIWN rammer mn. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and CDM Smith Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Village Creek Water Reclamation Facility Peak Flow Management. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be $930,141.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 1 of 16 OFFICIAL '©MI' CATY SECRk �i ; t. IN URTH (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, 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 standard of care applicable to the ENGINEER s services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 2 of 16 (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 PMO Official Release Date: 08/09/2012 Page 3 of 16 (3) 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. 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 o r 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, e conomic feasibility or schedules will not vary from the ENGINEER's o pinions, 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 PMO Official Release Date: 08/09/2012 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 5 of 16 (3) order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. 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 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 by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the 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 PMO Official Release Date: 08/09/2012 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 delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon d. Any failure on part of the CITY to request required insurance City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 7 of 16 documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. 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. j. The CITY shall be entitled upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 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. 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 amendment to this AGREEMENT. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 9 of 16 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 PMO Official Release Date: 08/09/2012 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 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 PMO Official Release Date: 08/09/2012 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 V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 12 of 16 Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B Reuse of Project Documents All designs, drawings, specifications documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' wntten notice This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; ) (3) 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. Prior to proceeding with termination services, the ENGINEER will City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 13 of 16 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. 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 hold harmless and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 14 of 16 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 Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - 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 PMO Official Release Date: 08/09/2012 Page 15 of 16 Executed and effective this the /10`-- day oek20/9! BY: CITY OF FORT WORTH 2-744-ss.44C/ Fernando Costa Assistant City Manager Date: /pArAZ APPROVAL RECOMMENDED: C By: Frank Crumb, P.E. Director, Water Department Date: APPROVED AS TO FORM AND MC No.: LEGALITY By: Douglas W. Black Assistant City Attorney ATTEST: Ma& J. Kayser City Secretary BY: ENGINEER CDM Smith Inc. Douglas L. Varner, P.E. Vice President ✓'7 IL° /7c. 12 M&C Date' - e' 1? ° 0� moo % y Aos 0° ato FIA P$ oto co o� tnc4441,4 fj City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 16 of 16 I' 11i ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 ATTACHMENT A Scope for Enaineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 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 P ROJECT DEFINITION AND BACKGROUND The Fort Worth Water Department's Village Creek Water Reclamation Facility (VCWRF) P eak Flow Management Project will include the evaluation and preliminary design services for handling peak flow at the plant, including the use of existing infrastructure and modifications/construction of additional infrastructure for storage of peak flows in excess of current treatment capacity. The following scope of work clarifies and describes the phases of work and associated project tasks to be performed and completed by the Engineer under Attachment "A' Work under this attachment includes engineering services associated with the design of the Peak Flow Management at the Village Creek Water Reclamation Facility (VCWRF). U pon receipt of notice to proceed, Engineer shall conduct preliminary design studies to a 15% design level and prepare opinion of probable construction cost. The project will utilize work previously performed as part of the 2012 Master Plan. S COPE OF WORK The scope of work presented below describes the base level of services for this project. P HASE I - PRELIMINARY DESIGN U nder Phase I, Engineer will develop basis of design for the peak flow basin, pipeline route, modifications to existing facilities and structures at VCWRF, odor control alternatives, and produce preliminary design for the project. The effort will include utilization of the City's existing InfoWorks model to analyze hydraulic limitations from the plant to the peak flow basin. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 BASIC SERVICES 1.0 General Tasks Task 1.1- Project Management Engineer will prepare project work plan that outlines the project scope and establishes procedures and protocol for executing the project. The project work plan will include: the scope of work; schedule; organizational structure; communications plan; document management procedures; quality management procedures; outstanding issues and decision list; action item list; and list of deliverables The project work plan will be dynamic in nature and therefore periodically updated. Engineer will also maintain files and deliverables on the City's secure Web -based site BuzzSaw. The project site will be used throughout the project for posting documents for review, maintaining the project work plan, and filing and storing documents. Engineer will track the budget and schedule on a weekly basis and meet with the City's project manager as necessary to update the schedule, progress of work, and potential changes to the scope of work Engineer will provide a project status report to the City with the monthly invoice Engineer will provide a monthly MW/BE Report to the City documenting work performed by and payment to the M/WBE Subconsultants. Deliverables: Ten hard copies of the draft and final Project Work Plan, monthly invoices and project status reports, and monthly M/WBE Reports. Task 1.2 — Project Meetings. Project progress meetings will be held during the course of the project with City staff to discuss aspects of the project presently underway, project schedule, and upcoming issues. These meetings will generally be about two hours in duration and are not intended to be formal presentations. The appropriate Engineer team members shall attend the meetings to discuss pertinent issues. Monthly progress meetings with the City are planned for this phase of the project. Design Team meetings will be held during the course of the project to discuss aspects of the project and coordinate with team members These meetings will generally be about two hours in duration Monthly design team meetings are planned for this phase of the project. Deliverables: Project Progress Meeting agenda and minutes, handouts, and exhibits. Task 1.3 — Workshops. Engineer will conduct the following workshops during this Phase of the project. Workshop 1 —Peak Flow Planning Workshop Workshop 2 — Pipeline Routing Workshop Workshop 3 — Odor Control Workshop Workshop 4 — Preliminary Design Workshop The appropriate Engineer team members will attend the workshops to discuss pertinent issues It is anticipated that each workshop will generally be about four hours in duration and are not intended to be formal presentations. City of Fort Worth, Texas Attachment A PMO Release Date: 07,23,2012 Page 2 of 11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 Deliverables: Workshop agenda and minutes, handouts, and exhibits Task 1.4 — Quality Assurance/Quality Control, A project quality management (PQM) workshop will be held at the beginning of the project. The PQM will be comprised of Engineer team members and City staff members involved with the project The PQM is a team -oriented working session designed to develop a deep understanding of the project challenges and a sense of teamwork and commitment to project success. A one -day PQM workshop will be conducted to discuss the project and develop critical success factors for the project and identify processes, activities, and tasks necessary to accomplish the work on the project. The Technical Memoranda (TM) and Preliminary Design Report (PDR) will be submitted to the Engineer's Technical Review Committee (TRC) for review The TRC will be comprised of senior level engineers not specifically involved with the project. The review will provide comments and suggestions concerning site selection, basin optimization, pipeline routing, process integration, constructability, preliminary design, and project scheduling A one -day review meeting will be conducted to discuss the project and the associated TRC comments. Deliverables: PQM meeting minutes and TRC review comment response memorandum. Task 1.5 — Review Meetings. A review meeting with City staff will be conducted for the TMs and PDR. This meeting will be held approximately two weeks following submittal of the draft TMs and PDR to provide time for review. The following TMs and reports will be submitted to the City for review. TM 1 - Odor Control Assessment TM 2 — HRC Optimization TM 3 — Pipeline Routing TM 4 — Sludge Only Landfill/Sludge Dewater Facility (Renda) Stormwater Study Preliminary Design Report The review meetings will be approximately 2 hours. Following their review, City staff will provide written comments to Engineer Engineer will provide written responses to these questions Deliverables: Review comment response memorandum. Task 1.6 — Geotechnical Investigation. Geotechnical investigation will be performed for the basin location site and pipeline routes. 1.6 1 Borings/Monitoring Wells — Geotechnical borings are required for basin site (Sludge Only Landfill (SOL)) Borings will be performed on a 250-ft to 315-ft spacing. A total of 24 borings will be required for the basin structure. Only 12 borings will be drilled as part of this phase of work. The remaining 12 borings will be drilled as part of the Design Phase. Three (3) of these borings will be drilled to depths of 75-ft to penetrate shale formation. The remaining nine (9) bonngs will be drilled to depths of 35-ft. Borings to 20-ft depths on a spacing of 300 feet are proposed for the pipelines. A total of 26 pipeline borings are required, only 13 borings will be drilled as part of this phase of work. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 3 of 11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 The remaining 13 borings will be drilled as part of the Design Phase. Four (4) borings for the two tunnel crossings would be extended to 25-ft into unweathered shale (and at least 25 feet below the river bed for the river crossing, whichever is deeper) Four (4) of the 35-ft deep borings will be converted into permanent groundwater monitoring wells (to monitor methane gas levels) Geotechnical testing will include penetrometer strength profiling, sieve analyses, Atterberg Limits, sulfates testing slake durability, jar slake, Brazilian tensile, unconfined compression direct shear, C-U tnaxial with Pore Pressure measurements, soil resistivity, pH, moisture content and unit weight. 1.6.2 Analytical Testing on Groundwater— In addition to standard geotechnical testing, analytical testing will be performed on groundwater samples to determine contaminated levels. Analytical testing will include only the total RCRA 13 metals performed on 11 water samples (from the 4 new interior wells and 7 existing wells). Methane monitoring at all 11 wells will be performed simply by using a PID with a methane monitoring detector at the top of each open groundwater monitoring well. In order to evaluate how effective the slurry trench is in preventing landfill leachate from migrating from the landfill at the SOL, the seven (7) existing monitoring wells outside the landfill (near the exterior edge of the slurry trench) will be monitored (after purging by MasTek) to compare groundwater levels and contaminant levels inside the landfill to levels o utside the landfill. Analytical testing will include only the total RCRA 13 metals performed o n 11 water samples (from the 4 new interior wells and 7 existing wells). Methane monitoring at all 11 wells will be performed simply by using a PID with a methane monitoring detector at the top of each open groundwater monitoring well. 1.6.3 Seepage and Slope Stability Studies — It is understood that the basins will generally be e mpty most of the time. All of the basins or individual basins may be full over a 5 to 10 day duration. Seepage studies and slope stability studies will be performed to evaluate this design condition for the combined concrete lined/earthen basins system. 1.6.4 Geotechnical Report — The geotechnical report will include recommendations for design and construction of the proposed basin structures at both sites. This will include installation of piping beneath each basin as well as extensive piping to the basin complex. Construction considerations related to excavation, dewatering, trench shoring and tunneling will also be included in the geotechnical report for both sites. 2 0 Evaluation Tasks Several items will be evaluated during the Preliminary Design Phase to determine the best means for implementation into the Final Design. Technical Memoranda (TM) will be prepared to present the results of the various issues and topics to be evaluated The TMs will outline the issues involved alternatives considered, and make recommendations. Appropriate graphics, charts, diagrams, and tables will supplement the text to provide a complete working summary document. Four hard copies and one electronic PDF copy of each TM will be provided to the City. Following submission of the TMs and a minimum of one week for City staff review, Engineer will present the TM material and recommendations to City staff at a project meeting. City staff will provide wntten comments to all technical memoranda within five working days from the project meeting Engineer will respond to City City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 4 of 11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 review comments and, after agreement is reached, incorporate agreed upon changes within the Preliminary Design Report. Task 2.1- Basis of Design for Basin 2.1.1 Design Flow Schemes — Identify the design flow regimes, including the peak flow and e mergency flow potentials that need to be taken into consider during the design of the Peak Flow Basins, flow diversions and odor control. 2 1.2 Simulated Design Hydrograph — review the last 10 years of influent flow data from the plant's SCADA system and select the two -week and one month periods with the highest total volumetric flow rates. This data will be used to evaluate the impact of back-to-back events on the plant, which typically have a more significant impact on the design of the peak flow basins than a single event. The hydrographs from the two high flow periods will be adjusted to accommodate the expected peak design hydrograph developed in the Master Plan. These simulated extended period hydrographs will be used to model the filling and e mptying of the basins over the simulation penods. Based on this evaluation, recommendations for the peak flow basin design volumes will be established. Task 2.2 - Odor Control Assessment 2.2.1 Confirm Treatment Scenarios - Odor emissions from the peak flow basin will vary depending on the type of wastewater stored and at the length of storage. Potential waste streams to be treated include: • Peak flow (diluted) HRC effluent • Peak flow (diluted) screened influent (no HRC treatment) • Screened raw sewage HRC effluent (not peak flow) • Screened raw sewage (no HRC treatment) Working with City staff, the CDM Smith team will determine which peak flow basin treatment scenario(s) shall serve as basis for odor control assessment. For each scenario selected, the duration of storage of the waste streams and expected frequency of basin use shall be taken under consideration. 2 2 2 Estimate Emissions - To estimate potential emissions of hydrogen sulfide (H2S) from the peak flow basin dissolved sulfide (dS) in wastewater and atmospheric H2S measurements will be taken.Dissolved sulfide will be measured in the field using a LaMotte Chemical Company Model CCPX Sulfide Test Kit. This kit uses the Pomeroy methylene blue method. Sulfide generation and emission rates are determined by the following conditions in the wastewater: • Temperature • pH • Dissolved oxygen City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 5 of 11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 These parameters will be measured for each sample collected. A single instrument, the YSI Model 650 MDS, will be used to measure temperature, pH and dissolved oxygen. Atmospheric H2S will be using one or a combination of the following instruments: • Detection Systems Inc. OdaLogs • Arizona Instruments Jerome 631 Analyzer • Interscan 1176 To estimate potential increase in sulfides with storage, a pilot study with waste stream (s) stored in barrels, measuring wastewater dS and H2S in headspace will be performed. The pilot study period will be approximately 2-weeks. Alternatively, if other peak flow facilities can be identified and are comparable, data can be collected from these facilities. 2.2.3 Determine Potential Offsite Impacts - CDM Smith will use an AERMOD dispersion model to determine potential odor impacts form the peak flow basin for each scenario assessed. The goal of this effort is to help define the level of control needed. Data developed under Task 2 would be used to populate the model. The AERMOD dispersion model takes into consideration more factors including change in terrain and changes in weather throughout the year. For the scope of this work, only the impact of the peak flow basin will be evaluated with respect to impacted areas outside the property line of the plant and sludge only landfill. 2.2.4 Identify Control Alternatives — Based on the outcome of the pilot study and dispersion modeling, the CDM Smith team will identify suitable control approaches to control potential peak flow basin odors. These might include chemical injection oxygen injection, ozonation, aeration (jet/nozzle), etc. or use of sidestream treatment as bioxide injection Present candidate control technologies to City at a workshop for consideration The presentation will include ballpark costs, advantages and disadvantages of each technology. Up to three technologies will be selected for further evaluation based upon workshop discussions. 2.2.5 Develop and Evaluate Alternatives - The team will assess each selected alternative based upon cost (capital, O&M, lifecycle) and qualitative basis. The qualitative assessment will be based upon criteria mutually developed by the City and CDM Smith team. Layouts of proposed alternatives will also be developed. Assessment findings will be presented in a review meeting for City consideration. 2.2.6 Prepare Technical Memoranda - Tasks 2.2 1 through 2.2.5 efforts will be summarized in a draft TM for City review and comment. The draft TM will be revised based upon City input and then issued as final. 2.2.7 Public Outreach — The team will assist the City with public outreach to nearby neighborhoods and businesses related to odor control for the peak flow basin by participating in meetings and conducting phone calls. Deliverables: Workshop agenda and minutes. Draft and Final Technical Memoranda. Public meeting agendas, handouts and minutes. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 6 of 11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 Task 2.3 - HRC Optimization. Improve hydraulics through HRC, address grease handling and solids carryover that currently limit HRC throughput. 2.3.1 Grease Handling Evaluation — Grease particles have been observed in the HRC effluent and have become a limitation on HRC throughput Engineer will evaluate up to three alternatives for handling grease that enters the HRC Engineer will evaluate each alternative based upon cost (capital, O&M, life cycle). Layouts of proposed alternatives will be developed Evaluation findings will be presented in a review meeting for City consideration. 2.3.2 Computational Fluid Dynamics Modeling - Solids carryover has been observed at the downstream end of the settling tank in the HRC. Probable causes are upstream flow patterns generating hydraulic overload of the lamella plates in that region or hydraulic conditions breaking up the floc that is settled on the lamellas and causing it to suspend and carryover the effluent trough Engineer will apply 3D computational fluid dynamics (CFD) modeling to analyze the hydraulic conditions in the settling tank of the HRC. A three- dimensional, steady state, single-phase model will be used to simulate the flow conditions. The model domain will include the maturation tank and the settling tank. The results of the CFD analysis will include velocity contours, velocity vectors, and pathlines (flow path) colored by velocity graphics at various cross -sections for each model run. The CFD analysis will include a summary report (one draft and one final) to document the model setup and results. 2.3.3 Improve Reliability and Redundancy - Engineer will conduct meeting with City to identify deficiencies in HRC Engineer will evaluate improvements to address deficiencies and prepare a summary report (one draft and one final) to document the deficiencies and results of evaluation. 2 3.4 Prepare Technical Memoranda - Tasks 2.3 1 through 2.3.3 efforts will be summarized in a draft TM for City review and comment. The draft TM will be revised based upon City input and then issued as final. Deliverables: Draft and Final Technical Memoranda Task 2.4 - Pipeline Routing. Evaluate two potential routes for pipeline from Junction Box 00 to peak flow basin, one route for pipeline from Junction Box 00 to Aeration Basins 1-6, and one route for the reuse pipeline to basin. Pipeline from Junction Box 00 to Aeration Basins 1-6 will provide additional operational flexibility during peak flow operation of HRC and when HRC is used for primary treatment during primary clarifier improvements construction 2.4.1 Utility Coordination - Identify existing utilities on pipeline route based on utility provider maps. Request utility maps and utility as -built plans from the local utility providers in the project area Request utility maps for natural gas from nearby gas well and pipelines. Develop a utility plan for both pipeline routes based on aerial mapping and the utility provider maps. 2.4.2 Technical Memoranda - Efforts will be summarized in a draft TM for City review and comment. The draft TM will be revised based upon City input and then issued as final. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 7of11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 Deliverables: Draft and Final Technical Memorada Task 2.5 — Sludge Only Landfill/Solids Dewatering Facility Stormwater Pond Study. Evaluate potential alternatives to separate stormwater at Sludge Only Landfill from the Solids Dewatering Facility (SDF) filtrate return pump station Stormwater will be collected and directed off the SDF property to the new peak flow basin and directed back to the plant. Conduct site visit to gather information related to the stormwater pond and SDF filtrate return pump station. Summarize alternatives in a draft TM for City review and comment. The draft TM will be revised based upon City input and then issued as final. Deliverables: Draft and Final Technical Memoranda 3.0 Preliminary Design Task 3.1 Peak Flow Planning. Based on the peak flow schemes identified in the Basis of Design, identify the operational control strategies for flow diversion to and from the basin. Task 3.2 — Hydraulic Modeling. Use City's Infoworks model to evaluate peak flow hydrographs and establish pipe sizes and hydraulic controls for the basin site. City to provide the InfoWorks model of the collection system and VCWRF. Task 3.3 — Basin Optimization and Groundwater Controls. Using survey data, conduct basin optimizations for selected operational control strategy using 3D-modeling and interactive cut and fill analysis based on hydraulic controls for the site location selected. Evaluate the existing groundwater pumping system in the sludge only landfill and develop control strategies for addressing groundwater issues related to its potential impact on the basin liner. Task 3.4 — Physical Scale Modeling. Complete a physical model of the basin to evaluate the following: • Evaluation of the debris settling and "self-cleaning' capabilities of the storage basin, including identification of basin configuration modifications to improve O&M performance • Overall hydraulic characteristics of the diversion to and from the storage basin. Task 3.5 — Site Civil for Pipeline. Obtain as -built drawings. Perform a topographic and improvement survey of the visible plant improvements of the proposed peak flow basin pipeline. Topographic and improvement survey for the pipeline from Box 00 to Aeration Basins 1-9 is not included in this phase of the project (see Special Services tasks). Develop an existing plant site improvement plan for the proposed pipeline improvement areas on the plant. Include data from as -built. Plan drawings will be provided — no profile drawings. A subsurface utility exploration (SUE) is not included in the phase of this project. Once the proposed pipeline route is established an SUE plan will be prepared to further define potential conflicts. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 8 of 11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 Task 3.6 - Structural. 3.6.1 Basin Configuration - Develop preliminary structural cross sections of proposed basin linings and evaluate the impacts of groundwater on the structural design. 3.6.2 Junction Boxes and HRC Modifications - Review existing structure design for modifications to the HRC influent pump station, existing Junction Box 00 and Junction Box J and develop basis of design for modifications. Use information gathered in the geotechnical report to develop basis of design for two new Junction Boxes and the peak flow storage concrete basin. Task 3.7 - Process/Mechanical. 3.7.1 HRC Modifications - Develop preliminary design of modifications to the HRC as selected in Task 2.3. Add one submersible pump to increase HRC firm pumping capacity to 110 MGD. Add sluice gate to HRC common influent channel. 3.7.2 Junction Box 00 Modifications - Develop preliminary design for Junction Box 00. Add sluice gate at weir wall and modify top of box to support new gate. Connect to existing 72- inch stub out. 3.7.3 Junction Box J Modifications - Develop preliminary design for Junction Box J Modifications. Add sluice gate at weir wall and modify top of box to support new gate. 3.7 4 New Junction Structure - Add new junction structure over 96-inch HRC effluent line and 54-inch primary effluent bypass line to facilitate flexibility in basin draining with sluice gates to facilitate flexibility in drainage of the peak flow basin. 3.7.5 Condition Assessment of Existing 54" Bypass Line and Manholes B, C and D - Assess the condition of existing 54" bypass line by reviewing existing TV inspection performed by City. Identify repairs of 54" bypass line necessary to activate line. Assess condition of sluice gates in existing manholes B, C, and D and identify improvements/modifications to manholes necessary to activate 54" bypass line. Task 3.8 - Odor Control. Develop basis of design for selected odor control system from Task 2.2. Task 3.9 - Electrical. Evaluate the existing power distribution system at the HRC influent pump station to confirm that the existing provisions are adequate to support additional pump. Determine space requirements for new electrical equipment Establish electrical provisions to support the new odor control system, motor operated gates at Junction Boxes, motor operated gates valves, and new instruments for the basin Establish electrical and lighting requirements at the new basin. Task 3.10 - Instrumentation and SCADA. Establish instrumentation and controls/SCADA provisions to support the new odor control system, motor operated gates at Junction Boxes, motor operated gates valves, and new instruments for the basin. Establish instrumentation and controls/SCADA requirements for security system and cameras at the basin Evaluate SCADA provisions to add HRC and Junction Box 00 control capability from SCADA. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 9 of 11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 Task 3.11 Permitting. Assist City with environmental and TCEQ TPDES permitting for project. 3.11.1 Preliminary Jurisdiction Determination/Archaeological Survey - Confirm that the area impacted within the sludge -only landfill is not a jurisdictional wetland because the SOL was constructed as part of a treatment system. Preform a preliminary jurisdictional determination (PJD If work (such as pipeline construction) is in an un-levied area within a floodplain or adjacent to a stream, creek, or river. Perform a PJD on any open ( levied or un-levied). The PJD identifies waters of the United States subject to Sections 401 and 404 of the Clean Water Act and potentially Section 10 of the Rivers and Harbors Act. (The Trinity River is considered a Navigable Water of the United States to Riverside Drive and subject to Section 10 of the Rivers and Harbors Act). Perform initial archaeological investigation -- archival search and pedestrian survey. Document findings. If additional effort is required (i.e., backhoe investigation), the additional efforts will be addressed as special services. 3.11.2 Threatened or Endangered Species Report - Perform an onsite investigation for the presence of any threatened or endangered species or their critical habitat. Summarize the findings in a letter report. This is necessary to discern if an informal Section 7 consultation is sufficient or whether a formal Section 7 Consultation is required. If formal Section 7 consultation is required, that task should be addressed as special services. Task 3.12 — Value Engineering/Constructability Review. Perform value engineering and constructability review at Preliminary Design Phase. Task 3.13 — Opinion of Probable Construction Cost. Utilize CDM Smith's Constructors Group to prepare opinion of probable construction cost (OPCC) and Preliminary Design Phase. Task 3.14 — Preliminary Design Report. Document project work in a Preliminary Design Report (PDR) that will establish the conceptual design of the peak flow system to be implemented during design Provide 4 copies of PDR and in electronic format for City's review. Incorporate comments received from City and prepare final document. SPECIAL SERVICES 4.0 Surveying 4.141 Utility Coordination for Pipeline Route. Survey above ground utilities on both pipeline routes. Surveys will be within a 50-ft swath each side of the pipeline route. Contact Texas One Call to have underground utilities marked along the route. Contact water, sanitary sewer and storm drain utilities to request that they also mark their utilities and unlock manholes. Survey utilities marked by the providers within a 50-ft swath each side of the route lines highlighted on the attachment 4.1.2 Additional Site/Civil for Pipeline Route. Perform topographic and improvement survey of the visible plant improvements for the pipeline route from Box 00 to Aeration City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 10 of 11 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT CITY PROJECT NO.: 02009 Basins 1-9. Plan drawings will be provided — no profile drawings. Stake and survey up to 50 geotechnical borings (estimate 24 at basin site and 26 along the pipeline route). City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 11 of 11 ATTACHMENT B COMPENSATION Design Services for Village Creek Water Reclamation Facility Peak Flow Management City Project No. 02009 Time and Materials with Multiplier 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 Direct Salaries multiplied by a factor of 3.2. 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 PMO Official Release Date: 8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment 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 PMO Official Release Date: 8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm P rime Consultant CDM Smith Inc. P rimary Responsibility P roject Management P rocess/Mechanical/Structural/ Electrical/Instrumentation Design P roposed MBE/SBE Sub -Consultants CP&Y Peak Flow Planning/Basin Optimization N on-MBE/SBE Consultants Dr. Werth Mas-Tek Engineering Briones Engineering Alan Plummer Associates CDM Constructors P hysical Scale Modeling Geotechnical P urveying Permitting/Technical Review Cost Estimating Project Number & Name Village Creek Water Reclamation Facility Peak Flow Management City MBE/SBE Goal = 18% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 TOTAL Total Fee $930,141 Fee Amount Ok $567,399 61 $205,924 22 $40,000 $53,000 $26,800 $34,018 $3,000 $930,141 4 6 3 3.7 0.3 100% MBE/SBE Fee MBE/SBE % $205,924 Consultant Committed Goal = 22% 22% B-3 Task Subtask ATTACHMENT B VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT ENGINEERING FEE DEVELOPMENT PRELIMINARY DESIGN PHASE I Phase/Task Descriotion BASIC SERVICES 1.0 General Tasks __ _ 1.1 Pro ect Manap ment 1.2 Pro ect Meetings Kick -Off Meeti7 Progress Meetings _ Desi9n Team Meetinas_ _ 1.3 Workshoof WorkshoR,1 - Peak Flow Plannina_ Workshop-2 Pipeline Routing Workshop 3 - Odor Control _ Workshop 4 - Preliminary Design 14QuaIIW Assurance/Quality Control PQM Workshop TRC Review _ 1.5 we Ma-s rprin TM 1 dor Control Assessment TM 2 - HRC Optimization TM 3 - Pipeline Routing TM 4 Sludge Only Landfill/Sludge Dewaterinq Stormwater Study Preliminary design Report 1.6 Geoti chnrcal 1.6.1 Borings/Monitoring Wells _ 1.6.2 Analytical Testing on Ground Water 1.6.3 Seeppa9a and Slope Stability Studies_ 1.6.4 Geotochnical Report 2.0 Evaluation Tasks 2.1 Basis of Design Prof. Prin. Prof. Mgr. Tech. Adv. Eng, 6/7 Eng. 4/5 Eng. 2/3 Sr. Tech. Drafter Admin )P ODC Totals M/WBE $240 $176 $224 $176 $128 $112 $160 $96 $96 CPY ' Dr Werth Mas-Tek Briones APAI CCI hrs hrs hrs hrs hrs hrs hrs hrs hrs $ 5 $ $ $ $ $ Hrs $ $ 208 10 60 4 4 2 4 2 2 4 $1,349 4 $3.244 18 -- 18 12 12 $10,246 4 4 4 4 4 $5.255 4 4 4 8 2 4 4 4 4 -4 8 - - - - 4 4 4 - 4 - 8 2 4 4 $2,638 8 12 8 B 8 8 12 $4,958 8 24 24 24 $4,958 .2- 2 4.._ .. _. 2 - • -4 3 2 4 2 4 3 2 4 2 4 6 3- 2 4 2 4 6 3 2 4 2 4- 6 3 $2,252 $53,000 4 4 2 - 2 $870 278 $44,445 $0 $959 $74 22 $6,232 $1,349 $1.200 $71 22 $8,356 $3,244 $2,100 $177 51 $22,095 510,246 $83 24 $9,769 $5,255 $108 34 $5,494 $0 $1,918 $93 28 56,885 SO $108 34 $8,264 $2.638 $3,835 $206 64 S19.955 54,958 $7,426 $315 80 $29,465 $4,958 $1,020 $1,020 $66 21 $4.491 $0 $66 21 $3,369 S0 $66 21 $3.369 $0 $66 21 $3,369 $0 $66 21 $6,855 $2,252 0 $58,300 $0 $0 0 S0 S0 $16 4 $818 SO $32 8 $1,635 $0 $16 4 S818 $0 Subtotal 46 328 77 84 50 50 4 8 111 $34.900 $0 $53.000 SO $19,478 $0 52,497 758 S243,982 $34,900 2.1.1 Design Flow Schemes - 8 8 10 2.1.2 Simulated Desjyn Hvdrograoh 8 8 1.0 2.2 Odor Control Assessment 2.2.1 Confirm Treatment Scenarios 2 8 6 8 2.2.2 Estimate Emissions _ _ _ - 4 _ 8 12 7.4 0 8 48 2.2.3 Determine Potential Off -Site Impacts 6 12 2.2.4 IdentilY Control Alternatives 2 10 18 8 40 2.2.5 Develop and Evaluate Altematives 2 4 14 24 32 2.2.6 Prepare Technical Memorandum 2 4 14 24 24 12 2.2.7 Public Outreach 16 40 2.3 HRC Optimization 2.3.1 Evaluate Grease HandlinskAlternatives 2.3.2 3D CFD Modeling. of HRSettling Tanks 2.3.3 Improve Reliabifity and Redundancy 2.3.4 Prepare Technical Memorandum 2.4 Pipeline Routigqq Junction Box bO to Basin 10 2 10 20 80 3 30 $377 155 $19,263 $0 Junction Box OO to Aeration Basins 1-6 8 2 5 10 40 3 20 $218 88 $11,136 $0 Water Reuse Pj,eline around Basin 6 2 3 8 32 3 10 $162 64 $8.258 $0 2.4.1 Utility Coordinaf on 6 3 8 3 10 $8.500 $81 30 $13 487 $0 2.4.2 Pre%yareTechnical Memorandum 6 2 6 11 41 3 10 20 $238 99 $12,182 $0 2.5 SOLISDFStormwaterPond Study 2 8 2 10 40 16 4 12 20 $294 114 $15,044 $0 3.0 Prelim ina Desr lr 3.1 Peak Flow Planning 3.2 Hydraulic Modeling 2 4 6 10 4 5 22 108 16 4 6 2 16 2 2 10 2 10 20 $22,129 $90 26 $27,814 $22,129 $26.098 $90 26 $31,981 $26,098 $600 24 $4,916 $0 $1,800 116 $17.148 $0 $600 74 $10,900 $0 $600 78 $12.820 $0 $600 76 $12.788 50 $400 80 $12,824 $0 $400 56 $10,296 S0 $76 22 $3,892 S0 $407 155 $20,800 $0 590 28 $4,611 S0 $106 46 $5,396 $0 Subtotal 16 130 107 179 185 521 37 102 80 548,227 50 S0 $8,500 50 50 $7,228 $1,357 $255,556 $48,227 8 $11,973 $28 8 $14,011 S11,973 8 4 16 40 20 $18,533 $250 B8 $32,214 $18,533 3.3 8 ,iit Optimization and Groundwater Controls in 3.4 Physical Scale Modeling 6 16 3.5 Site Civil for Pipeline 0 3.6 Structural 3.6.1 Basin Configuration _ _ 3.6.2 Junction Boxes and HRC Modifications_ _ 3.7 PrwessJMechanic 1 3.7.1 lfRC Irn, rovements 3.7.2 Junction Box 00 Modifications I 3.7.3 Junction Box J Modifications 1 3.7.4 New Junction Structure 3.7.5 Condition Assessment of 54" Bypass Line and Manholes B, C. and D 3.8 Odor Control - - - 3.9 Electrical _ 3.10 Instrumentation/Controls and SCADA 3.12 Permittln Assistance _ _ 3.12.1 Prelim limn an( Jurisdictional Determination/Archaeological Survev _ _ _ 4 6 3.12.2 Threatened or Endangered S}}��ecies Report 4 6 3.13 Va(y� Engjeee(Irtq/onstruyt)lity Review 8 8 8 8 3.14 Opinion off Probable Consfruction Cost 4 6 _ 8 3.15 Preliminary Design Report 8 10 8 60 80 _ 40 60 52 98 8 $541I9�49 535 10 $59,495 554,949 $7,s03 $40,000 52,128 32 $60,619 $7,503 $18,300 $35 10 $21,929 $0 4 2 2 5 10 4 2 2 5 10 4 2 5 10 40 4 2 - 10 20 60 4 2 5 10 40 10- -- 5- - ---- 40 - - - - - - 2- - 10_ _ _ _ 4 _98 104 16 8 4 80 92 16 10 5 10 20 $29.839 $310 108 $15.829 $0 $449 158 $22.958 $0 $84 27 $4,317 $0 $65 23 $3,336 $0 $156 61 $7,963 $0 $244 96 $12,460 S0 $156 61 $7,963 $0 $186 67 $9,484 $0 $676 230 S34,568 $0 $562 192 $28.714 $0 $8,540 $29 10 $10,898 $0 $6,000 $29 10 $8,104 $0 $150 42 $7,653 50 $3,000 $56 18 $6,145 $0 $599 201 $61,942 $29,839 ItASIC S€€��V� �r TOTAL Subtotal $9 5i$ 2 iii Al 7D 48 146 245 1205,924 $40b00 $53,600 06 800 $34,018 $3,000 $15,654 3567 $930,141 $205,924 SPECIAL SERVICE 2 _ 4.1 Survey( for Utiliv Coordination $19,100 $21,010 4.2 Site/Civil for Pipeline from Box 00 to Aeration Basins 1-7 $11,100 $12,210 ASIC AND SPECIAL SERVICES TOTAL Subtotal 8� A 647 A 767 48 146 245 $20 0924 $46,600 $53,000 ,000 $34,018 $3,000 $15,954 3567 $963,361 $205,924 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Village Creek Water Reclamation Facility Peak Flow Management City Project No. 02009 NONE City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page l of l ID Task Name 1 M/C & Council 2 Notice to Procee:' 3 General Tasks 4 Project Kick :off Meeting 5 PQM Workshop 6 Surveying 7 Geotechical 8 Workshops 9 Workshop 1 Peak Flow Planning 10 Workshop 2 Pipeline Routing 11 Workshop 3 Odor Control 12 Workshop 4- Preliminary Design 13 i Review Meetings 14 j TM 1 - Odor Control Assessment 15 _ TM 2- HRC Optimization 16 TM 3 - Pipel re Routing 17 J TM 4- Sludge Only Landfill/Sludge Dewatering Storrr 18 -4 Preliminary Design Report 19 Evaluation Tasks 20 Basis of Design 21 Odor Contro Assessment 22 HRC Optimization 23 Pipeline Rol:Iing 24 SOL/SDF Stormwater Pond Study 25 Preliminary Desi gn Tasks 26 Peak Flow Planning 27 Hydraulic Modeling 28 Basin Optimization and Groundwater Controls 29 Physical Selo Modeling 30 Site Civil for Pipeline 31 Structural 32 Process/Mechanical 33 Odor Control 34 Electrical 35 Instrumentat cn/Controls and SCADA 36 I Permitting A:;:;istance 37 Id Value Engincnring/Constructability Review 38 !C1 Opinion of Prubablo Construction Cost 39 Preliminary [ sign Report Project: Schedule V1.0.mpp Date: Fri 9/21/12 Task Split Duration Start 1 day Tue 9/18/12 20 days Wed 9/19/12 21.6 wks Fri 9/21/12 1 day Fri 9/21/12 1 day Wed 10/17/12 8 wks Wed 10/17/12 18 wks Wed 10/17/12 20 wks Wed 10/24/12 1 day Wed 11/21/12 1 day Wed 10/24/12 1 day Wed 10/31/12 1 day Tuo 3/12/13 15.8 wks Thu 12/27/12 1 day Thu 2/7/13 1 day Mon 1/28/13 1 day Thu 1/24/13 1 day Thu 12/27/12 1 day Tue 4/16/13 14 wks Thu 10/18112 4 wks Thu 10/18/12 14 wks Thu 10/18/12 8 wks Mon 11/19/12 12 wks Thu 10/18/12 8 wks Thu 10/18/12 19.8 wks Thu 11/15/12 8 wks Thu 11/15/12 4 wks Thu 11/15/12 12 wks Thu 11/15/12 12 wks Thu 11/15/12 4 wks Wed 12/12/12 4 wks Thu 2/7/13 4 wks Mon 1/14/13 4wks Thu 1/24/13 4 wks Thu 1/24/13 4 wks Thu 124/13 4wks Thu 1/10/13 2wks Thu 1/10/13 1 wk Wed 3/6/13 4 wks Wed 3/6/13 mnnuuununniuiu Progress Milestone ATTACHMENT D SCHEDULE Finish Predecessors 'Resource Names August ; September 1 October Tue 9/18/12 Tue 10'16/121 Tue 2119/13 Fri 9/21/12 Wed 10/17/12 2 Tue 12111 /12 2 Tue 2/19/13 2 Tue 3112/13 Wed 11/21/1226SF+1 wk Wed 10/24/12 23SF+1 wk Wed 10/31/12 21SF+2 wks Tue 3/12/13 39SF+1 wk Tue 4116/13 Thu 2/7/13 21 FS+2 wks Mon 128/13 22FS+2 wks Thu 1/24/13 23FS+2 wks Thu 1227/12 24FS+2 wks Tue 4/16/13 39 Wed 1/23113 Wed 11/14/12 5 Wed 1/23/13 5 Fri 1/11/13 Wod 1 /9/13 5 Wed 12/12/12 5 Tue 4/2/13 Wed 1 /9/13 20 Wed 12/12/12 20 Wod 2/6/13 20 Wed 2/6/13 20 Tue 1/8/13 6 Wod 3/6/13 22,23,28 Fri 2/8/13 22,23 Wed 2/20/13 21 Wed 2/20/13 22FS-2 wks,23FS- Wed 2/20/13 22FS-2 wks,23FS- Wed 2/6/13 23FS-4 wks,28FS- Wed 1/23/13 23FS-4 wks,28FS- Tue 3/12/13 Tue 4/2/13 0 Summary Project Summary November — _' December — January February _--I March I April Nov Dec Jan Feb Mar Apr Extemal Tasks External Milestone " Page 1 Deadline Q4 ATTACHMENT E PROJECT LOCATION 20121Goo,le ,Aagg VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW BASIN SITE City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/18/2012 DATE: LOG NAME: 60CDM WW PEAK FLOW SUBJECT: Tuesday, September 18, 2012 REFERENCE NO.: **C-25846 Authorize Execution of an Engineering Agreement with CDM Smith, Inc., in the Amount of $930,141.00 for Process Studies and Conceptual Design of The Peak Flow Management Facilities at Village Creek Water Reclamation Facility (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize execution of an engineering Agreement with CDM Smith, Inc., in the amount of $930,141.00 for process studies and conceptual design of the peak flow management facilities at Village Creek Water Reclamation Facility. DISCUSSION: The City of Fort Worth owns and operates one wastewater treatment plant, The Village Creek Water Reclamation Facility (VCWRF). The VCWRF is permitted to treat wastewater flows up to166 million gallons per day (MGD) average dry flow and up to 369 MGD for a two—hour peak flow. The January 2012 Wastewater Master Plan anticipates 2015 wastewater peak flow to VCWRF to exceed 389 MGD which is in excess of the plant s cunent TPDES permitted capacity. This peak flow rate also exacerbates a functional limitation of 303 MGD identified in the plant's primary clarifiers. The Master Plan recommends a Peak Flow Basin be constructed at the site of the Sludge Only Landfill, north of the existing VCWRF site to manage peak wet weather flows. In the near term, the construction of the basin will allow operational flexibility for plant shutdowns for other process improvements and construction and will also allow the City to defer a VCWRF expansion to 2019. As part of this contract, the Engineer will analyze the peak flow process, provide a conceptual design and develop the design phase scope of work which will be performed under a separate contract. The services provided under this proposed contract include: • Hydraulic Analysis and Modeling to develop the basis of the Peak Flow Basin and pipeline design, evaluate solids scouring in the basin and determine its optimal configuration • Odor Control Assessment and Public Outreach with nearby residential areas and other Cities • Geotechnical Investigation, Testing and Engineering • High Rate Clarification System Optimization to minimize performance impact due to grease and solids carry over in the settling tank. CDM Smith, Inc., agrees to perform the necessary work for a fee not to exceed $930,141.00. Staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $25,000.00 is requested for project management CDM Smith, Inc., is in compliance with the City's M/WBE Ordinance by committing to 22 percent M/WBE participation. The City's goal on this project is 18 percent. This project is located in COUNCIL DISTRICT 5 and serves ALL DISTRICTS. h. ? CAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, in the Sewer Capital Project Fund FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: ,Submitted for City Manager's Office by;, Originating Department Headt Additional Information Contact: ATTA CHMENTS 1. 60CDM WW PEAK FLOW MWBE.pdf 2. 60CDM WW PEAK FLOW FAR pdf 3. 60CDM WW PEAK FLOW MAP.ndf 4. P275 485111 available funds docx 5. P275-4R51 11-701 139990100 doe. FROM Fund/Account/Centers P275 531200 701300200931 Feinando Costa (6122) S Frank Crumb (8207) Madelene Rafalko (8215) $930.141.00 This project is located in COUNCIL DISTRICT 5 and serves ALL DISTRICTS. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, in the Sewer Capital Project Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by1. Originating Department Head: Additional Information Cont ATTACHMENTS 1. 6OCDM WW PEAK FLOW MWBE.ndf 2. 6OCDM WW PEAK FLOW FAR pdf 3. 6OCDM WW PEAK FLOW MAP pdf 4. P275 4R51 1 1 available funds docx 5.P275-4R5111-701139990100 doc FROM Fund/Account/Centers P275 531200 701300200931 Fernando Costa (6122) S Frank Crumb (8207) Madelene Rafalko (8215) MEM S930.141.00