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HomeMy WebLinkAboutContract 55946 CSC No.55946 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 ("CITY"), and Freese & Nichols, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Westside Water Treatment Plant Generators and Emergency Preparation Plan for Power Generation at the North and South Holly Water Treatment Plants. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $1,215,325.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. 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. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:May 7,2021 Page 1 of 14 CITY SECRETARY FT. WORTH, TX original effective date: Article IV Obligations of the Engineer 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 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. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 2 of 14 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 this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 3 of 14 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 no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 4 of 14 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance (Ordinance No. 24535-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by 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 together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 5 of 14 K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such 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 amendment to this AGREEMENT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 6 of 14 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 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. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 7 of 14 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 The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the 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. (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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 8 of 14 I. 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. J. 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 A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of 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 CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 9 of 14 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. 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' 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.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall 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 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 to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 10 of 14 is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. 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. I. 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. J. 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. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 11 of 14 or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2271 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 12 of 14 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 Attachment F — Insurance Requirements City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 13 of 14 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 & Nichols, Inc. clriti t/su-�7er/fog-L Chris Harder(for)(Jul 2,202 12:10 CITE) Dana Burghdoff Assistant City Manager Nick Lester, P.E. Jul 2,2021 Vice President Date: Date: Wz a /2oz APPROVAL RECOMMENDED: L wa,� Christopher Hard (Jun 29,20211534 COT) By. Chris Harder, P.E. Director, Water Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting re.cLuirements. avid Townsend, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY seer, aaWkP.i2, tt—Ur) By: Doug Black Senior Assistant City Attorney ATTEST: �� FORT�o��� Form 1295 No. 2021-761233 ° °°�•+Idd Ronald Gonzales 0000 o2� M&C No.: 21-0480 Acting City Secretary �� ,�o o� cy da °°°°°°°°°°° a M&C Date: June 22, 2021 ���*XASa�p City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:May 7,2021 Page 14 of 14 CITY SECRETARY FT. WORTH, TX ATTACHMENT DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.: 103410 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. General: This project consists of three separate tasks associated with the Scope of Services regarding Fort Worth Water's (FWW) Emergency Preparedness Plan and Back-Up Power Improvements Project. They are as follows: 1. Design, bid, and construction phase services for the Westside Water Treatment Plant (WTP) backup power including electrical switchgear and generator(s). 2. Study for Senate Bill 3, the TCEQ Emergency Preparedness Plan, for the City's WTP's, and pump stations. 3. Holly Complex Conceptual Study to include 30% design for backup power including electrical switchgear and generator(s) for the plant. Westside Treatment Plant Backup Power Design: Design of back up generation for the max day capacity (18 -21 MGD) and include sizing and siting of generator(s) and any electrical gear necessary to support the generators. The electrical gear is expected to have the capability to be expanded in the future, if necessary. The design will include all necessary generator(s) to support the Westside WTP while operating at the max day capacity. The design will be completed for a City of Fort Worth advertisement date of October 1, 2021 or sooner. To determine necessary equipment to operate during the maximum day capacity(18-21 MGD) of the treatment plant, coordination will be required to identify all necessary pump and motor combinations, and any necessary supporting processes and systems. The generator system will be able to accommodate a minimum of 24 hours of continuous operation at max day capacity. The exact amount of time for back up generation will be coordinated with the CITY and finalized at the completion of the design phase. Additionally, the generators will meet City of Fort Worth Code of Ordinances Chapter 23-8 (noise). The project will include one bid package for a construction contract for all equipment including the generator(s), switchgear, and all other necessary appurtenances. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 10 ATTACHMENT A DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 The electrical room will be a stand-alone air-conditioned structure and will be for the electrical gear for the generators. The design plans will include a floor plan, reflected ceiling plan and elevations, but all other components of the structure will be designed by the contractor based upon a performance specification. Design of SCADA improvements will be a part of this contract, but programming will be in the SCADA Integrator's contract (part of the construction contract) Coordinate with the electric utility company for any connection to the electrical service(s) to the treatment plant. Coordinate with CDM for any loads added by the winterization of the facilities. Site improvements including site grading, paving and fencing/security. Work to be performed: • Attend 1 Kick off meeting with client • Attend up to 2 review meetings with city staff(1 for each submittal level) • Up to 4 sites visits at the Westside treatment plant for design. • Design plans and specifications (90%) for the electrical gear and generator(s) • Final design plans and specifications for the electrical gear and generator(s) • Bid Phase Services • Construction Phase Services • Survey and Subsurface Utility Engineering Services Deliverables: • Meeting summaries with action items • 6 Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes • Baseline design schedule • Monthly progress reports FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT) Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) for the two construction contracts to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in the State of Texas ENGINEER will develop the Final design of the back-up power improvements as follows: • Development of Preliminary Design Drawings and Specifications, for the Westside Treatment plant generator(s) and associated electrical gear, shall include the following: o Overall site plan showing each improvement, coordinates and elevations of each improvement, items such as pipes and duct banks that run between improvements. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 10 ATTACHMENT DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 o Grading plan showing the existing and proposed grading, contours for the 25- year and 100-year floods. If needed, proposed drainage structures will be shown. o Detail sheets for one-lines, buildings, site plans, interconnection diagrams, and necessary appurtenances o Plans, sections, elevations, special details and special notes for each design discipline o All specifications • Electrical o Develop electrical design for the generator(s) and associated electrical gear with provisions for additional generators and electrical distribution installed in the future. Electrical gear, backup generator(s) (assumes 2 generators) and building footprint will be sized to accommodate generators for max day capacity of the Westside Treatment Plant. o Coordinate with Electrical Utility for the Westside Treatment Plant • SCADA/Instrumentation o Develop control narratives for generators at the Westside Treatment Plant. o Coordinate any instrumentation with recommended manufacturers. o Coordinate Lift Station site communication with existing Fort Worth SCADA network. • Geotechnical o The proposed geotechnical scope of work for the project will consist of field exploration, laboratory testing, engineering analysis, and reporting foundation recommendations for one electrical building (assumed at 50'x50') and up to four generator pads. ■ Field Exploration • Select and mark 3 boring locations and notify Texas 811 and the plant manager to request location and marking of existing underground utilities prior to the field exploration. • Subcontract with a geotechnical drilling contractor to drill a total of 3 borings to a depth of 25 feet. Samples will be collected intermittently using continuous flight augers and either split-spoon or tube samplers. Rock and rock-like materials will be tested insitu using a TxDOT Cone Penetration Test, as appropriate for the material. At completion, the boreholes will be backfilled with auger cuttings. • Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided per the Unified Soil Classification System (USCS). ■ Laboratory Testing • Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. FNI will City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 10 ATTACHMENT A DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor. • Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: • Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) • Moisture content • Dry unit weight • Unconfined compressive strength ■ Engineering Analysis • Prepare a technical memorandum of the geotechnical investigation to include: • Attachment with the boring locations, boring logs, laboratory test results, and a key to the symbols used. • Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. • Foundation and site preparation recommendations for the proposed EB and GP. • Building Pad recommendations for use during development of the plans and specifications. • Structural o Provide design drawings, details, and specifications details for electrical building pad and typical generator pads, generator access platforms, and precast building performance specification. • Mechanical o Provide specification language and plan details for HVAC wall packs with duct work for air distribution at the electrical building. Plumbing will be limited to floor drains and condensate drains. Upon approval of the Final plans, ENGINEER will prepare construction plans, for two separate design packages (Prepurchase for Electrical gear and generator(s) and design package for the electrical gear and generator(s). The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • 2 sets of 11"x17" size drawings and 2 sets of 22"x34" size drawings and 10 specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. • 4 sets of 11"x17" size drawings and 10 specifications will be delivered for the 100% Design package. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 10 ATTACHMENT A DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. • 2 plan sets including cover sheet, index sheet, general notes, site layout, one-line diagrams, and detail sheets. • The existing plant O&M manual is available in electronic (MSWord) format. DELIVERABLES • 90% construction plans and specifications for the back-up power for the Westside Treatment Plant. • 100% construction plans and specifications for the back-up power for the Westside Treatment Plant. • Detailed estimates of probable construction costs for each submittal including summaries of bid items and quantities using the CITY's standard bid items and format. • Original cover Mylar for the signatures of authorized CITY officials. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. Bid Support • The ENGINEER shall upload all plans and contract documents for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded in .pdf and AM files. The .pdf will consist of one file of the entire plan set. The AM will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on BIM 360 from documents sold and from Contractor's uploaded Plan Holder Registrations in BIM 360. • 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 and the response thereto. The log shall be housed and maintained in the project's BIM 360 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 BIM 360 and mail addenda to all plan holders. City of Fort Worth,Texas Attachment A PMO Release Date:08.12014 Page 5 of 10 ATTACHMENTA DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • 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 will be sent to the CITY. • Incorporate all addenda into the contract documents and issue conformed sets. • As required by the City of Fort Worth Attachment A with the following assumptions: 0 5 sets of construction documents for each part will be sold to and made available on BIM 360 for plan holders and/or given to plan viewing rooms. 0 10 sets of 11"x17" size and 4 sets of 22"x34" size drawings and 14 specifications (conformed, if applicable) for each part will be delivered to the CITY. o PDF, DWF and DWG files will be uploaded to BIM 360. Construction Phase Services (General Representation) • As required by the City of Fort Worth Attachment A with the following assumptions: 0 20 RFI's are assumed (10 per contract). 0 6 Change Orders are assumed. o One copy of full size (22"x34") mylars will be delivered to the CITY. o 4 site visits are assumed o One pre-construction kickoff meeting is assumed 0 12 month construction progress meetings are assumed. Study for Senate Bill 3, TCEQ Emergency Preparedness Plan: The TCEQ Emergency Preparedness Plan study will include a report that will focus on the City's Water Treatment Plants (Holly North and South, Eagle Mountain, Westside, and Rolling Hills) and the City's pump stations for Fort Worth Water. Components of this task will include the following: ENGINEER will develop and present a Data Request Memorandum to the CITY to gather updated water distribution system information related to water demands and system operations. Updated water demands by pressure plane for average day and maximum day conditions will be utilized in the analysis and the TCEQ Emergency Preparedness Plan. ENGINEER will develop the demand scenarios and will verify with CITY staff prior to conducting subsequent analyses. The Data Request Memorandum will also include a request for the design feed rates and available storage capacity for chemicals each water treatment plant. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 10 ATTACHMENT A DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 ENGINEER will conduct a meeting with CITY staff to discuss the desired level of service and design criteria for which the analysis will be based upon. Design criteria considerations will include items such as: • Duration (hours) of emergency event • Demand condition of emergency event (average day, maximum day) • Level of service provided (pressures greater than 20 PSI / 35 PSI /Other) ENGINEER and CITY will determine 2 scenarios for which to conduct the performance analysis. ENGINEER will conduct an analysis of the CITY's pump stations to determine the level of criticality for each facility to maintain the desired level of service for a designated emergency event. The analysis will determine the ability of critically designated pump stations to supply storage tanks and customers, both retail and wholesale. Results of the analysis will provide a ranking of importance for critical facilities and associated loads with respect to water demand supplied and required power needed for operation. ENGINEER will evaluate the use of portable generators in the distribution system to respond to an emergency event. Portable generators will be evaluated that are capable of servicing multiple sites, including existing portable generators and the sites they can currently be deployed to. Other considerations for the use of portable generators include response time to critical facilities and evaluation of procedures and protocols related to operation and maintenance of the portable generators. A maximum of two transportation paths will be analyzed for portable generator deployment. ENGINEER will analyze the use of the CITY's existing on-site electrical generation at critical facilities (WTP's and pump stations) and the evaluation of the procedures and protocols related to operation and maintenance of the on-site generator equipment. ENGINEER will also identify the WTP's with dual feed power suppliers and make recommendations (if needed) to maintain power as much as possible. ENGINEER will evaluate the potential need for added water storage in the distribution system to maintain the desired level of service to customers, both retail and wholesale. ENGINEER will develop a communication plan for FWW staff to assist with customer notification and messaging. ENGINEER will conduct up to three (3) meetings with FWW staff to solicit input and provide comments on the analyses and study report deliverables. ENGINEER will prepare and submit the following deliverables associated with this task: • TCEQ Emergency Preparedness Plan o ENGINEER will utilize the TCEQ published template for this deliverable • Summary report documenting the analyses, results, and recommendations from this task. The CITY will have the opportunity review all report deliverables and provide comments to be addressed by the ENGINEER. ENGINEER will provide electronic PDF copies of the reports and up to 20 printed copies, if requested. City of Fort Worth,Texas Attachment A PNIO Release Date:08.1.2014 Page 7 of 10 ATTACHMENT A DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 Holly Complex Conceptual Study and 30% design: 30% Design and study of back up generation for the 150 to 160 MGD capacity to include sizing and siting of generator(s) and any electrical gear necessary to support the generators. The electrical gear is expected to have the capability to be expanded in the future, if necessary. The design will include all necessary generator(s)to support the Holly WTP's while operating at the max day capacity. The 30% design and associated study will be completed by March 1, 2022. A maximum of two options will be developed for the generator locations and switchgear building location. Additionally, the generator connection point will be at the main incoming electrical feeds for the treatment plant. To determine necessary equipment to operate during the capacity (up to 160 MGD) of the treatment plant, coordination will be required to identify all necessary pump and motor combinations, and any necessary supporting processes and systems. The generator system will be able to accommodate a minimum of 24 hours of continuous operation at maximum day capacity. The exact amount of time for back up generation will be coordinated with the CITY and finalized at the completion of the design phase. The project will include a 30% design package including a site plan, one-line diagram(s), and building floorplan (if applicable) for all equipment including the generator(s), switchgear, and all other necessary appurtenances. The site plan will identify a footprint for the generators, and the electrical building for the electrical gear for the generators. The one-line diagram(s) will show the generators and the connections to the existing electrical distribution system. Geotechnical investigations will not be included with the Holly Complex Conceptual Study. It is assumed that the existing plant O&M manual is available in electronic (MSWord) format. The CITY will provide the existing plant O&M manual to the Engineer. The CITY will provide a list of facilities and treatment units with backup power at the Rolling Hills WTP. The study will include a list of all equipment to be operated for maximum day operation. ENGINEER will provide electronic PDF copies of the 30% Design Package and up to 10 printed copies (11 x 17), if requested. DELIVERABLES • 30% construction plans and specifications for the back-up power for the Holly Treatment Complex including a site plan, one-line diagram(s), and electrical building layout. • Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. • A technical memorandum with generator sizing analysis, OPCC and the necessary loads identified for the treatment and distribution of the flow up to 160MGD. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 10 ATTACHMENT DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 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: • Review of the water treatment plant chemical supply chain. • Evaluation and/or design of modifications to the chemical feed and storage facilities. • Negotiation of easements or property acquisition including temporary right-of-entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • Design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. (This is included for the Westside Treatment Plant only) • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 10 ATTACHMENT DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.:103410 • Emergency generators and associated generator connections design services for remotes sites not specifically listed nor included above. • Natural gas generators or duel fuel generators will not be evaluated for this study/design. • Fees associated with development or building permitting. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 10 ATTACHMENT B COMPENSATION Design Services for TCEQ EMERGENCY PREPAREDNESS AND SIB 3 SUPPORT SERVICES City Project No. 103410 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $1,215,325 as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. 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 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols Engineering consulting 848,510 69.8 Proposed MBE/SBE Sub-Consultants Gupta and Associates Electrical 336,400 27.7 Non-MBE/SBE Consultants Brittain & Crawford Survey 26,400 2.2 West Drilling and soil sampling 2,695 0.2 Gorrondona Lab testing for soils 1,320 0.1 TOTAL $1,215,325 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE CPN 103410 $1,215,325 $336,400 27.7% TCEQ EMERGENCY PREPAREDNESS AND SB 3 SUPPORT SERVICES City MBE/SBE Goal = 8% Consultant Committed Goal = 27.7 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 Ecncn-o(ncn n g n � \\ � \\\\k§ § f /o - CD §\\}� k 0\ \ � , � )}- 0 ( ID q « § {� / \ m0 3 °2 J $ ) z - m — � / s / 7 / ! _ 7.3 -. o § q 2 / $ ® 7 E ; I � }/ \ 0 } 2 ƒ \ {/ $ m -n�om q7 } { } ?1 § # =CL CL \\ % } G \ \\ aaEl \ ° U, [_ >> 20CL - - \§ \ § 2 - / 0 } \\ f >> - & CD § § o0(D ; q /\i [ ; / o ( \ § r \ / / cn \CD \ } ( / ƒ» /k CD CL 0. m 72\ d $ °/ ƒ , MMWCC 2 c-- R\ƒ]{{ -U2 ° Ej, CD o((�}� j \/ \�\ � -R z CL 2$ / § ; .. .. ƒ - R222 \0 0 § 2 _ m _ 2 k 7 E = 3 \ 7 � / ± m % : \ } (D : ) ; \ 7 ((k) / ~Er \ . § CD - fin =k (3 } \ }\} ,f (ki - - / (j / 2§ �}m \ } \ \\\ � }\ \\ \ (}r \ �/� } � 77 2. 2 ,»_ [/ 1.9 � $ . , . ( , . is R . . I {� .. .. . .! I| . . . ------- Al !| . ., . . •! | / R § . . J I . ] § I I I I I I L / ƒ .� / $ ! / : §! , \/ . ~ }I j:0 § ' ; ( gn! gig ,�.j -fil Iflf ,31 iji ...... .. ...... 1 J21 1 I -Ml \ , . . \ .\�.I` / R F -a 8. .1. A 10 ?l M!, 'I tive approaches F01111MICHOLS ou,,anding service OPINION OF PROBABLE CONSTRUCTION COST ••• CPN 103410-Westside WTP Emerg.Preparedness �, NCL 5/27/2021 Fort Worth Water Scoping ESTIMATED BY QC CHECKED BY FNI PROJECT CHE NCL Scoping DESCRIPTIONITEM QUANTITY UNIT UNIT PRICE TOTAL Westside WTP 1 SWPPP 1 LS $ 20,000.00 $ 20,000 2 Clearing 2 AC $ 20,000.00 $ 40,000 3 Grading 2 AC $ 40,000.00 $ 80,000 4 Electrical Building-Slab 2500 SF $ 30.00 $ 75,000 5 Electrical Building-Precast building 1 LS $ 300,000.00 $ 300,000 6 Electrical Building-Mechanical Systems 11 LS $ 50,000.00 $ 50,000 7 Generator-Slabs and platforms 2 EA $ 28,000.00 $ 56,000 8 Generators(2), Electrical,Instrumentation,and Controls 1 LS $ 4,950,000.00 $ 4,950,000 9 Site Restoration 2 AC $ 10,000.00 $ 20,000 SUBTOTAL $ 5,591,000 CONTINGENCY • 00 SUBTOTAL $ 7,268,300 •: • SUBTOTAL $ 7,631,715 • 0• PROJECT • • 9,005,424 COST ESCALATION FACTOR 3.0% $ 270,163 PROJECT • COSTS) The Engineer has no control over the cost of labor,materials,equipment,or over the Contractor's methods of determining prices or over competitive bidding or market conditions.Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals,bids,or actual construction costs will not vary from its opinions of probable costs. NOTES: 1 FNI OPCC classified as an AACE Class 5 Estimate with accuracy range or-30 to+50. 2 FNI OPCC does not include costs associated with engineering fees,permits,surveying,etc. Page 1 of 1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT City Project No. 103410 None City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 " to � �'� � ,�•, ro' � � v p z m o Q c 3 N � C � a � a a D 0 a � N O ' m � Z w m S2 W vFi vFi vFi � in to N < vFi < F H 7 N \ N O \ \ V N N FCC CC FCC CC CC C < F' d a d a Q d d d J Ol S F� 3 rr� a N D N O A Z N O O �x DA p N D N O �A N Z N O N O O 3 W n� Attachment F CERTIFICA T F OF INSURANCE DESIGN SERVICES FOR TCEQ EMERGENCY PREPAREDNESS AND SENATE BILL 3 SUPPORT SERVICES CITY PROJECT NO.: 103410 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 22, 2021 REFERENCE NO.: **M&C 21-0480 LOG NAME: 60WSGEN&EMERPLAN-FNI SUBJECT: (CD 3 and CD 9) Authorize Execution of an Engineering Agreement with Freese & Nichols, Inc., in the Amount of$1,215,325.00, for the Westside Water Treatment Plant Generators and Emergency Preparation Plan for Power Generation at the North and South Holly Water Treatment Plants Project, Adopt Attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that City Council: 1. Authorize execution of an engineering agreement with Freese & Nichols, Inc., in the amount of $1,215,325.00, for the Westside Water Treatment Plant Generators and Emergency Preparation Plan for Power Generation at the North and South Holly Water Treatment Plants project; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Westside Water Treatment Plant Generators and Emergency Preparation Plan for Power Generators at the North and South Holly Water Treatment Plants project; and 3. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Water and Sewer Commercial Paper Fund in the amount of$1,320,325.00, by increasing appropriations in the Westside Water Treatment Plant Generators and Emergency Preparation Plan for Power Generation at the North and South Holly Water Treatment Plants project (City Project No. 103410) and decreasing appropriations in the Unspecified project (City Project No. UNSPEC) by the same amount. DISCUSSION: The February 2021 Deep Freeze caused power failures to Eagle Mountain Water Treatment Plant (EMWTP), the Westside Water Treatment Plant (WSWTP) and affected the North and South Holly Water Treatment Plants, along with power and freezing issues at some pump stations. In response to the power outages, the Water Department is implementing a series of projects to minimize the effects of future power failures and/or freezing problems on Water Facilities. In addition, the State of Texas has passed as law Senate Bill 3 (SB3) requiring that an Emergency Preparedness Plan be submitted by March 1, 2022. The proposed scope of services for this project included: • Preparation of the regulatory required SB3 Emergency Preparedness Plan by March 1, 2022, for responding to extended electric power failures, • Design and preparation of construction documents for the installation of emergency electric generators at the Westside Water Treatment Plant, and • Study and prepare plans for emergency power at the North and South Holly Water Treatment Plants. Freese & Nichols proposes to perform the necessary services for a fee not to exceed $1,215,325,00. Staff considers the fee to be fair and reasonable for the services proposed. In addition to the contract amount, $105,000.00 is required for project management. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. Under federal law, debt must be issued within approximately three years in order for these expenses to be reimbursable. Adoption of the attached resolution does not obligate the City to sell bonds, but preserves the ability of the City to reimburse itself from tax-exempt bond proceeds. Funding for the Westside Generators and Emergency Preparation Plan project is depicted below: Fund Existing Additional Project Appropriations Appropriations Total* W&S Commercial Paper - Fund $0.00 $1,320,325.00 $1,320,325.00 56020 Project Total $0.00 $1,320,325.00 $1,320,325.00 *Numbers rounded for presentation purposes. Business Equity - Freese & Nichols, Inc. is in compliance with the City's Business Equity Ordinance by committing to eight percent participation on this project. The City's goal on this project is eight percent. The project is located in Council Districts 3 and 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the UNSPEC project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the WS Gen & Emer Prep Plan project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department (Account! Project ProgramlActivity Budget Reference # Amount I ID ID i Year L(Chartfield 2) J FROM _ Fund Department [A ounti Project Program Activity Budget Reference#om un ID ID Year field 2) CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: David Townsend (8430) ATTACHMENTS 1. 60WSGEN&EMERPLAN-FNI - Reimb Resolution.docx (Public) 2. 60WSGEN&EMERPLAN-FNI FID Table (WCF 06.04.21).xlsx (CFW Internal) 3. 60WSGEN&EMERPLAN-FNI funds availability.docx (CFW Internal) 4. 60WSGEN&EMERPLAN-FNI 56020 A021(r3).docx (Public) 5. FNI SAM.pdf (CFW Internal) 6. Form 1295 Certificate 100781600 City of Fort Worth.pdf (CFW Internal) 7. M & C MAP (1).pdf (Public) 8. M & C MAP (2).pdf (Public) 9. West Side Water Treatment Plant Generators Compliance Memo.pdf (CFW Internal) x x e : gym UNION ON Pp�,