HomeMy WebLinkAboutContract 56501 CSC No.56501
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 CDM Smith Inc., authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Village Creek Water Reclamation Facility-Primary
Clarifier Process Evaluation and Preliminary Design, Phase 1 Project.
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 ,433,000.00 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
original effective date.
City of Fort Worth,Texas OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Page 1Rev dof 15 Sept.1,2021 CITY SECRETARY
FT. WORTH, TX
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:Sept.1,2021
Page 2 of 15
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:Sept.1,2021
Page 3 of 15
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:Sept.1,2021
Page 4 of 15
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. 24534-11-2020 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 offraud bythe 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:Sept.1,2021
Page 5 of 15
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 respondent 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:Sept.1,2021
Page 6 of 15
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:Sept.1,2021
Page 7 of 15
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:Sept.1,2021
Page 8 of 15
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:Sept.1,2021
Page 9 of 15
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, orfailure to pay a subcontractor or supplier. CITY
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:Sept.1,2021
Page 10 of 15
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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:Sept.1,2021
Page 11 of 15
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or 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 unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2274 of the
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:Sept.1,2021
Page 12 of 15
Texas Government Code-(as added by Acts 2021 , 87th Leg., R.S., S.B. 13,
§ 2), the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021 , 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing
this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1). To the extent
that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, ENGINEER certifies that
ENGINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:Sept.1,2021
Page 13 of 15
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:Sept.1,2021
Page 14 of 15
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
b sm-4&r CDM Smith Inc.
Dana Burghdoff(06t 19,20 113:14 CDT)
Dana Burghdorf
Assistant City Manager
Oct 19,2021 Stacy arna, PE
Date:_ Client Service Leader
Date: D /o 2,D
APPROVAL RECOMMENDED:
Christopher Hard (Oct 14,202116:49 CDT)
By�— ---
Chris Harder, P.E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY Form1295 No. 2021-794370
981ZA
ByDBl-k(O,t 18,202115:08 CDT)
Douglas W Black M&C No.: 21-0767
Sr.Assistant City Attorney
M&C Date: 09/28/2021
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
10/11/2021
Farida Goderya, PhD, P.E.
Senior Project Manager Aaq OR
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Ronald P. Gonzales d� °°000000°°° aY
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City of Fort Worth,Texas OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Revised Date:
Page 15 of 15 Sept 1,2021 CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
DESIGN SERVICES FOR
VCWRF PRIMARY CLARIFICATION IMPROVEMENTS DESIGN
CITY PROJECT NO.:103295
ATTACHMENT A
Scope for Engineering Design Related Services for Wastewater Treatment Plant
Improvements
DESIGN SERVICES FOR
VILLAGE CREEK WATER RECLAMATION FACILITY
PRIMARY CLARIFICATION IMPROVEMENTS
CITY PROJECT NO.: 103295
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.
PROJECT DEFINITION AND BACKGROUND
The Fort Worth Water Village Creek Water Reclamation Facility (VCWRF) Primary
Clarification Improvements Project"the Project" includes proposed improvements to the
plant's existing infrastructure and modifications/construction of additional infrastructure for
primary clarification improvements. The Project includes Study and Report Phase
representing a 30% level design. Final Design and Construction Phase Services are not
included as part of this scope and will be part of a subsequent amendment to this
agreement.
VCWRF currently has 18 primary clarifiers including 12 small 80-foot diameter clarifiers and
6 large 160-ft diameter clarifiers located in the southeast corner of the plant at a lower
elevation. The 12 small primary clarifiers were constructed in 1956,1963, and 1971 and are
difficult to maintain and operate with clarifiers 7-12 currently out of service. The 6 large
primary clarifiers were constructed in 1975 and 1993. The VCWWTP Uprating Study(Alan
Plummer and Associates, June 1997) and the VCWWTP Facilities Assessment Study
(CH2MHILL, November 2007) recommended the replacement of the small clarifiers. The
VCWRF Hydraulic Capacity Analysis (Freese & Nichols, 2012) identified a functional
treatment capacity for the primary clarifiers based on design standards and Uprating Study
Report.
VCWRF is currently permitted to discharge 166 mgd annual average daily flow (AADF) and
369 mgd 2-hour flow peak flow (P2HF). The goal of this PROJECT is to ultimately increase
the rated capacity of the plant to 191 mgd AADF and related peak 2-hour flow in addition to
replacing small primary clarifiers 1-13.
Two pump stations (PEPS1 and PEPS2) pump primary effluent to the aeration basins.
PEPS1 receives primary effluent from the 12 small clarifiers and PEPS2 receives primary
effluent from the 6 large clarifiers. The pump stations have a common header that can be
segmented by closing a sluice gate in flow control Box I. PEPS1 pumps to Aeration Basins
9-13 and PEPS2 pumps to Aeration Basins 1-6.
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Primary sludge from all the 18 existing clarifiers goes to the Primary Sludge De-Gritting
Building where is then de-gritted prior to thickening and anaerobic digestion. The primary
sludge de-gritting equipment includes four grit concentrators and classifier units. The
equipment is capacity limited, outdated, and inefficient, resulting in a substantial amount of
grit accumulation in the anaerobic digesters. The digesters must be cleaned periodically at
significant cost and substantial downtime. Grit removal improvements and primary sludge
thickening improvements are currently under construction but however, does not include
improvements to the primary sludge de-gritting system.
All 18 existing primary clarifiers have weir launder covers and collected foul air goes to Odor
B Facilities located south of the primary clarifiers. Odor B Facilities was constructed in 1988
and is a chemical scrubber system. The Odor B Facilities are at the end of its useful life and
will require replacement in the near future. Additionally, the weir launder covers for Primary
Clarifiers 15 and 18 are in poor condition and will also require replacement in the short term.
Plant Sewer#1 is the plant's drain system for the old plant (aeration basins 9-13, final
clarifiers 13-24, and filters 1-20) and sludge thickeners and anaerobic digesters. Plant
Sewer#1's capacity is approximately 10 mgd and goes to primary clarifiers 1-6 for
treatment. The sluice gates in the control box are inoperable and in need of replacement.
Plant Sewer#1 flow will need to be rerouted to combine with the plant flow from the
Headworks Facility or to PEPS1 once small clarifiers 1-6 are demolished and replaced with
larger clarifiers per recommendations.
The PROJECT includes Study and Report Phase and Preliminary Design Report
representing 30% design. It is anticipated that final design and construction phase services
will be completed by ENGINEER under subsequent professional engineering services
amendment or agreement by approval of the CITY. The Study and Report Phase will be 12-
month duration with a goal of awarding the construction project in October to December
2023.
WORK TO BE PERFORMED
BASIC SERVICES SCOPE OF WORK
Phase I —Study and Report Phase
ENGINEER will perform engineering investigations, studies, calculations, process analyses,
and evaluation of various alternatives. Prepare technical memorandums and preliminary
facility drawings in accordance with the requirements in this description of work. The scope
of work set forth herein for the Study and Report Phase includes the following subtasks.
1.1 Project Management
1.2 Project Meetings and Site Visits
1.3 Information and Data Collection
1.4 Primary Clarification Evaluation
1.5 Plant Hydraulics Evaluation
1.6 Primary Sludge Pumping Evaluation
1.7 Primary Sludge Screening Evaluation
1.8 Primary Effluent Pumping Evaluation
1.9 Plant Sewer#1 Evaluation
1.10 Odor Control Assessment and Evaluation
1.11 Primary Area Electrical Improvements
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1.12 Surveying
1.13 Geotechnical Investigation
1.14 Preliminary Design Report (30% Design)
1.15 30% Design Drawings
In developing this scope of work and associated task budgets discussed in this Agreement,
ENGINEER has made the following assumptions outlined below.
• Phase I Study and Report Phase will be completed within 12 months from notice to
proceed.
• The CITY will provide the projected design flows.
• The clarifier location will generally be where existing clarifiers 1-12 are located.
• Existing sludge pump stations serving Primary Clarifiers 1-6 and 7-12 will be
demolished and are not being considered for repurposing.
• Primary sludge quantity will be per the VCWRF Biosolids Implementation and Long-
Term Master Plan (Jacobs, 2019) or provided by CITY.
• Plant staff will be available for one day to assist with clarifier stress testing.
• A supplemental geotechnical investigation will be performed during Final Design Phase
to collect additional subsurface data used for confirmation of the preliminary
investigation findings and recommendations.
• Access to the site is to be provided by the City of Ft. Worth.
• Plant staff will be available to assist in locating all plant-related or known utilities, as
Texas One-Call service is not assumed to enter the plant property.
• The need to evaluate the potential for hazardous materials or hazardous material
impacted soils will be determined after Phase I Preliminary Design Report is completed.
If additional work is needed, a scope and fee for additional engineering services will be
developed.
• Work will conform to local, state, and federal requirements. Consideration will be given
to Water Environment Federation (WEF) Manuals of Practice, Hydraulic Institute
Standards, International Building Codes, and other applicable industry practices during
the development of this project.
• No confined spaced entry will be conducted as part of this Project.
The scope of work for the above listed subtasks are as follows:
1.1 Project Management
ENGINEER will make efficient and effective use of ENGINEER's and CITY's time and
resources. ENGINEER will perform project management duties throughout the Study and
Report Phase of the Project.
ENGINEER will manage change, communicate, coordinate internally and externally as
needed, and address issues with the CITY's Project Manager and others as necessary to
make progress on the work.
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1.1.1 General Project Management
• Lead, manage and direct design team activities
• Implement ENGINEER's quality assurance and quality control practices in
performance of the work
• Communicate internally among team members
• Task and allocate team resources
• Advise the CITY when the established project expectations cannot be met or when
the engineering fee or construction cost will increase as a change directive from
the CITY on the scope of the desired improvements.
1.1.2 Communications and Reporting
• Prepare and submit invoices and progress reports monthly in the format requested
by the CITY.
• Prepare and submit baseline Project design schedule initially, and Project design
schedule updates with a schedule narrative monthly, as required in Attachment D
to this Standard Agreement and according to the CITY of Fort Worth's Schedule
Guidance Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form
at the end of the project.
• Coordinate with permitting authorities, other agencies and entities as necessary for
the design of the proposed improvements, and provide and obtain information
needed to prepare the design.
• Utilize CITY's BIM360 document management system to provide all documentation
related to the project, including:
- Monthly status reports of project progress
- Decision log and information needs documents
- Meeting minutes
- Draft and final documents
- Other project documents
• With respect to coordination with permitting authorities, ENGINEER will
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER will work with regulatory
authorities to obtain approval of the 30% Preliminary Design Report.
Task 1.1 Work Products
• Up to 12 monthly invoices and progress reports (electronic .pdf file)
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• Up to 12 monthly schedule updates (electronic .pdf file)
• Up to 12 monthly MWBE reports (electronic .pdf file)
• Correspondence with permitting authorities (electronic .pdf file)
1.2 Project Meetings and Site Visits
1.2.1 Kick-Off Meeting/Project Quality Management Workshop
ENGINEER will conduct a one-half day project kickoff/project quality management (PQM)
workshop with CITY staff at the onset of work to collaboratively establish project objectives
and overall success factors goals and identify potential challenges and mitigation steps to
minimize impacts to the project progression. The workshop will be used to confirm and
clarify scope, define communication protocol, identify CITY objectives and expectations, and
develop framework for economical and functional designs that meet CITY requirements.
1.2.2 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 one hour in duration and are not intended to be
formal presentations. The appropriate ENGINEER team members will attend the meetings
to discuss pertinent issues. Monthly progress meetings with the City are planned for this
phase of the project.
1.2.3 Site Visits
ENGINEER will conduct site visits to field verify existing conditions, investigate site
conditions, etc. When conducting site visits to the project location, the ENGINEER or its
SUBCONSULTANTS will carry readily visible information identifying the name of the
company and the company representative.
1.2.4 Review Workshops
Review workshops will be held with CITY for each Technical Memorandum and the
Preliminary Design Report to review CITY comments. Review workshops will be 2-hour
duration and be in-person meeting with WebEx virtual conferencing optional. Review
comments will be logged with ENGINEER's responses and distributed with final documents.
Task 1.2 Work Products
• Meeting agenda and summaries. (electronic .pdf file)
• Review comment log with responses. (electronic .pdf file)
1.3 Information and Data Collection
ENGINEER will coordinate with CITY to obtain the necessary information to support the
study phase efforts including previous reports, existing record drawings of the primary
clarifiers, primary sludge handling system, primary scum handling system, primary effluent
pump station, plant sewer#1, available survey data and CAD files, and other data as may
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be appropriate. Engineer will be able to rely on the accuracy of the City-provided information
and data while compiling the required deliverables.
ENGINEER will obtain and review available operating records concerning primary clarifiers
1-6 and 13-18 and primary sludge system including sludge de-gritting and primary sludge
thickening system.
1.4 Primary Clarification Evaluation
To evaluate and identify the recommended primary clarification improvements, the
ENGINEER will:
- Review previous studies and available plant operational data and evaluate primary
clarification capacity for current and future permitted design and 2-hr peak hour flow
and projected 2040 design and peak hour flow.
- Analyze flow and loading data with the goal of assessing if TCEQ variance on solids
retention time (SRT) is necessary for proposed clarification improvements.
- Evaluate conventional primary clarification processes and configurations and
determine the cost-effective and preferred space utilization for primary clarification
replacement for normal plant flows, high plant flows, wet weather/peak influent flow
events and transition periods.
- Develop preliminary layouts for options to provide primary clarifier capacity of 191
mgd and in existing footprint of small diameter clarifiers.
- Evaluate existing primary clarifier hydraulics and performance and historical loadings
by developing a full-plant simulation tool using CFD modeling and 2Dc clarifier
modeling to model performance of existing primary clarifiers to determine whether
modifications to the existing basins can provide long-term functionality and required
performance.
- Perform one-day stress test on one existing large diameter clarifier to determine
settling parameters for development and calibration of the 2Dc CFD model and to
identify any performance-limiting factors involving the clarifier, with due consideration
to the impacts of the various process activities. Data from the field testing will be
used for the models of new clarifier alternatives. Field testing will be performed by
John K. Esler, PE with CPE Services Inc.
ENGINEER will summarize the primary clarification evaluation in a draft Technical
Memoranda (TM), meet with the CITY to discuss and address CITY comments and finalize
the Technical Memorandum. Both the draft and final TMs will be provided in electronic .pdf
format. Seven (7) hard copies of draft and final TMs will be provided.
Task 1.4 Work Products
• Draft and Final Technical Memoranda (seven hard copies and one electronic .pdf file of
each)
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1.5 Plant Hydraulics Evaluation
ENGINEER will update existing available plant InfoWorks hydraulic model for up to four (4)
primary clarifier configurations of varying sizes of either circular or rectangular clarifiers. The
hydraulic analysis and recommendations will be based on the permitted average annual
daily flow, a projected design average annual daily flow of 191 mgd and projected 2040
design peak 2-hour flow.
The plant model will be used to access the hydraulic impacts to the new Grit Facility and
existing Headworks Facility. Additionally, the results of the plant model will be applied to the
collection system model to assess the hydraulic impacts to the collection system upstream
of the plant. The hydraulic analysis will go from the primary clarifier effluent weirs to the
Walker Branch Junction structure.
ENGINEER will document the Plant Hydraulics Evaluation in a draft TM, meet with the CITY
to discuss and address CITY comments then finalize the TM. Both the draft and final TMs
will be provided in electronic .pdf format. Seven (7) hard copies of draft and final TMs will be
provided.
Task 1.5 Work Products
• Draft and Final Technical Memoranda (seven hard copies and one electronic .pdf file of
each)
1.6 Primary Sludge Pumping Evaluation
ENGINEER will evaluate and develop recommended improvements to the primary sludge
pumping system by:
- Evaluate the requirements for new primary sludge pump station(s) to serve the new
clarifiers, including location and size.
- Evaluate continuous operation versus intermittent operation of the primary sludge
pumps.
- Calculate the head requirements to pump primary sludge to the existing Grit
Removal Building.
ENGINEER will also evaluate the compatibility of the existing primary sludge pump stations
servicing Primary Clarifiers 13-18 to operate in conjunction with the proposed pump
station(s) serving the new clarifiers and make recommendations to keep the pumps as is,
modify the pumps, or replace the pumps.
ENGINEER will evaluate existing primary sludge yard piping and valving from the existing
and proposed primary clarifier pump stations to the Grit Removal Building and make
recommendations to keep the piping and valves as is, modify, or replace.
ENGINEER will develop conceptual level plan and elevation view of the proposed new
pump station(s). The conceptual drawings will be developed to serve one clarifier
configuration as recommended by Task 1.4.
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ENGINEER will document the Primary Sludge Pumping Evaluation in a draft TM, meet with
the CITY to discuss and address CITY comments then finalize the TM. Both the draft and
final TMs will be provided in electronic .pdf format. Seven (7) hard copies of draft and final
TMs will be provided.
Task 1.6 Work Products
• Draft and Final Technical Memoranda (seven hard copies and one electronic .pdf file of
each)
1.7 Primary Sludge Screening Evaluation
ENGINEER will evaluate the feasibility of repurposing the existing Grit Removal Building into
a primary sludge screening building. The evaluation will be limited to the use of in-line
screening systems that separate, compact, and dewater screenings in a single system,
similar to the plant's existing scum screen.
ENGINEER will perform a condition assessment of the Grit Removal Building focusing on
structural, architectural, and electrical components noting deficiencies that would need
corrected if the building is repurposed with new primary sludge screening equipment. The
electrical condition assessment will document the electrical feed(s) to the building, condition
of the motor control center(s), what loads are fed from the MCC, and overall assessment of
the electrical room's compliance with current electrical code. The condition assessment
does not include testing for lead or asbestos. Testing of lead and asbestos not included in
this scope.
ENGINEER will evaluate feasibility of using the existing biofilter and biofilter fans that serve
the Gravity Thickeners and Gravity Belt Thickener Building to also serve the proposed
primary sludge thickening facility.
ENGINEER will develop a conceptual level plan and elevation view of the repurposed
screening building. The plan and elevation are limited to showing a layout of major new
screening units and screening containers(s).
ENGINEER will develop a conceptual level construction estimate for the proposed primary
sludge screening improvements. It is assumed the construction estimate will be inclusive of
the screening units, piping, valves, architectural, structural, HVAC/plumbing, electrical, and
I&C.
ENGINEER will document the primary sludge screening evaluation in a draft TM, meet with
the CITY to discuss and address CITY comments then finalize the TM. Both the draft and
final TMs will be provided in electronic .pdf format. Seven (7) hard copies of draft and final
TMs will be provided.
Task 1.7 Work Products
• Draft and Final Technical Memoranda (seven hard copies and one electronic .pdf file of
each)
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1.8 Primary Effluent Pumping Evaluation
ENGINEER will evaluate existing primary effluent pump station capacity of Effluent Pump
Station No. 1 (PEPS1) and Primary Effluent Pump Station No. 2 (PEPS2). The pump
hydraulic analysis will be based on the permitted average annual daily flow, a projected
design average annual daily flow and projected peak 2-hour flow. ENGINEER will make
recommendations for increased primary effluent pumping capacity for new primary clarifiers.
- Perform a condition assessment of the PEPS1 and PEPS2 focusing on structural,
process-mechanical, and electrical components noting deficiencies that would need
corrected to increase the primary effluent pumping capacity.
- Evaluate pump station capacity for proposed improvements including pump types,
system curves, configurations.
- Develop conceptual level plan and section of proposed improvements.
ENGINEER will document the Primary Effluent Pump Station Evaluation in a draft TM, meet
with CITY to discuss and address CITY comments then finalize the TM. Both draft and final
TMs will be provided in electronic .pdf format. Seven (7) hard copies of draft and final TMs
will be provided.
Task 1.8 Work Products
• Draft and Final Technical Memoranda (seven hard copies and one electronic .pdf file of
each)
1.9 Plant Sewer#1 Evaluation
ENGINEER will conduct a condition assessment and evaluate plant sewer#1 (PS1) flow
and hydraulics and route flow to the east 96" main (Frank Crumb line) to combine with plant
flow from the Headworks and Grit Removal Facility or to route PS1 flow directly to PEPS1 or
PS2. ENGINEER will develop conceptual level plan and section of proposed improvements.
ENGINEER will develop conceptual level construction estimate for the proposed Plant
Sewer 3 improvements. Opinion of probable construction cost estimate with a Class 3
estimation for a 10% to 40% design level and a -20% to +30% expected accuracy range.
ENGINEER will document the Plant Sewer 1 Evaluation in a draft TM, meet with CITY to
discuss and address CITY comments then finalize TM. Both draft and final TMs will be
provided in electronic .pdf format. Seven (7) hard copies of draft and final TMs will be
provided.
Task 1.9 Work Products
• Draft and Final Technical Memoranda (seven hard copies and one electronic .pdf file of
each)
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1.10 Odor Control Assessment and Evaluation
To evaluate and identify the recommended odor control improvements to replace Odor B
Facilities for the existing 6 large primary clarifiers and proposed primary clarifier
improvements, the ENGINEER will:
- Conduct odor sampling in primary area to estimate potential emissions of hydrogen
sulfide (1-12S), dissolved sulfide (dS) in wastewater and atmospheric 1-12S
measurements will be taken. Dissolved sulfide will be measured in the field using a
LaMotte Chemical Company Model CCPX Sulfide Test Kit. Sulfide generation and
emission rates are determined by the following conditions in the wastewater:
• Temperature
• pH
• Dissolved oxygen
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 1-12S will be using one or a combination of the following
instruments:
• Detection Systems Inc. OdaLogs
• Arizona Instruments Jerome 631 Analyzer
• Interscan 1176
- Develop dispersion model to perform dispersion modeling to estimate odor emission
and impacts to neighboring residents. Three scenarios will be modeled.
• Existing scenario including 6 small primary clarifiers, 6 large clarifiers, no
treatment
• Proposed scenario including 10 large primary clarifiers with new treatment
• Additional scenario as identified by CITY or ENGINEER
- Perform condition assessment of existing 6 large clarifiers and weir launders.
Evaluate primary clarifier cover options (weir launders versus full covers) for existing
6 large clarifiers and new primary clarifiers.
- Evaluate odor control technologies (biofilter, biotrickling filter, chemical scrubber)
considering amount of foul air to treat (weir launders versus full covers). Perform life
cycle cost analysis.
ENGINEER will document the Odor Control Assessment and Evaluation and
recommendations in a draft TM, meet with CITY to discuss and address CITY comments
then finalize the TM. Both draft and final TMs will be provided in electronic .pdf format.
Seven (7) hard copies of draft and final TMs will be provided.
Task 1.10 Work Products
• Draft and Final Technical Memoranda (seven hard copies and one electronic .pdf file of
each)
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1.11 Electrical System and Automation Evaluation
ENGINEER will prepare a TM documenting upgrades to the existing electrical system
supplying power to the primary treatment area of Village Creek and automation
improvements to the facility to align with Village Creek's existing hardware and software.
Specific evaluation components include:
- Transformers, switch gear, MCCs, and all electrical equipment related to the PEPS
1, primary sludge pump station no. 1, bar screen no. 1 and 2, area B odor control,
and bar screen no 3 to identify modifications or improvements to electrical equipment
for proposed primary clarification improvements.
- Flow measurement options and approaches to totalizing primary clarifier influent
flows and Parshall flume metering.
- Automation of equipment and SCADA tie-in requirements.
- Replacement of existing 15kV tap protectors in the primary area and 15kv selector
switches in primary area PS-1.
ENGINEER will document the Electrical System and Automation Evaluation and
recommended improvements to existing electrical and control systems in a draft TM and
develop conceptual layouts and one-line drawings for electrical and automation system
improvements, meet with CITY to discuss and address CITY comments then finalize the TM.
Task 1.11 Work Products
• Draft and Final Technical Memoranda (seven hard copies and one electronic .pdf file of
each)
1.12 Surveying
ENGINEER will use aerial photogrammetric surveying of the plant performed as part of the
Peak Flow Management Project. ENGINEER will perform topographic and improvements
survey of visible improvements in the primary area, primary sludge yard piping alignment
area, and existing Sludge Grit Building. ENGINEER will use horizontal and vertical control
for the site provided by CITY. Horizontal control will be based on Texas State Plane
Coordinates, NAD83. Vertical control will be based on NAVD 88.
1.13 Geotechnical Investigation
ENGINEER will review existing geotechnical information available for the project site vicinity,
including existing as-built drawings and previous geotechnical reports in the vicinity of the
project area.
ENGINEER will engage a geotechnical drilling subcontractor, and a preliminary field
subsurface investigation will be scheduled. A supplemental field program will be performed
during Final Design Phase after the improvements have been identified and clarifiers have
their exact number and location.
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ENGINEER will develop a preliminary subsurface investigation plan, including 5 widely
spaced geotechnical test borings and 2 groundwater piezometers throughout the project
area.
- The test borings will generally be performed at/near the center of the clarifiers, as
accessible due to existing structures and utilities.
- One (1) mobilization is planned for the field investigation, with the test borings
assumed to be performed using a truck-mounted vehicle.
- The test borings are anticipated to be advanced to approximately 75 feet below-
grade (on average) using auger and wash-rotary drilling techniques.
- Soil samples will be collected from the test borings continuously from the ground
surface to 10 feet, and at 5-foot intervals thereafter to the planned depth of boring.
Where bedrock is encountered in the test borings, rock coring will be performed to
continuously to the planned depth of the boring.
- Collected soil and rock samples from the test borings will be delivered to a
geotechnical laboratory where selected samples will be subject to index, strength,
consolidation, swell and corrosion testing, as applicable.
- Upon completion of the subsurface investigation program, geotechnical boring logs
and results from the geotechnical laboratory testing program will be prepared.
- The proposed piezometers are planned to be drilled to about 40 feet below-grade to
monitor groundwater levels at the site over the course of the preliminary and final
design phases. Monthly monitoring of these piezometers is assumed to record water
level changes based on season and precipitation events.
- Test borings and/or piezometers will be used for testing up to 4 soil and/or
groundwater samples for heavy metals.
- Based on the results of the geotechnical subsurface investigation described above,
ENGINEER will perform engineering analyses to evaluate the existing subsurface
conditions, as they relate to the design and construction of the proposed
improvements.
ENGINEER will develop geotechnical engineering design recommendations for the
proposed improvements.
ENGINEER will develop a Geotechnical Report to summarize the supplemental subsurface
investigation, analyses performed, and engineering recommendations developed for the
design and construction of the proposed improvements. Also, included in the report will be
the test boring logs and the results of the laboratory testing performed.
ENGINEER will develop a foundation design section of the 30% preliminary design report
for the project.
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ENGINEER will develop a list of the anticipated specifications for the proposed
improvements.
Task 1.13 Work Products
• Draft Preliminary Geotechnical Data Report (seven hard copies and one electronic
.pdf file of each)
1.14 Preliminary Design Report
ENGINEER will prepare a Preliminary Design Report (PDR) based on 30% progress design
that documents the following in accordance with 30 TAC Chapter 217. The PDR will include
the collection and compilation of Technical Memorandums as described above, excluding
primary sludge screening improvements. If the City elects to proceed with primary sludge
screening, an amendment will be required for preliminary design. In addition to combining
the approved Technical Memorandums, the PDR will include the following elements:
- Executive Summary—will provide concise findings and recommendations.
- Introduction — introductory section providing the history and basic assumption for the
report.
- Design Criteria —documentation of the regulatory requirements for TPDES discharge
permit and 30 TAC Chapter 217 criteria for design of the primary clarification
improvements.
- Influent wastewater characteristics as provided by CITY.
- Process flow diagrams and plant hydraulic profile.
- Description of basis of design for primary clarifiers, primary sludge, and primary
effluent pumping
- Site/civil requirements and design (including review of applicable codes).
- Odor control requirements and design.
- Architectural requirements and design (including codes and standards).
- Structural requirements and design (including codes and standards).
- Electrical requirements and design (including codes and standards).
- Instrumentation/controls/site security requirements and design.
- Building mechanical requirements and design (including codes and standards).
- Operational Requirements —describes operational requirements and practices,
resource requirements and estimated operation and maintenance costs.
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- 30% opinion of probable construction cost estimate with a Class 3 estimation for a
10% to 40% design level and a -20% to +30% expected accuracy range.
The draft PDR will be reviewed, and comments discussed in a review meeting with CITY.
CITY will provide one set of consolidated comments to be addressed by the ENGINEER.
ENGINEER will respond to consolidated CITY comments and issue a Revised/Final PDR.
Task 1.4 Project Deliverables
• Draft and Final Preliminary Design Report (seven hard copies and one electronic .pdf
file of each)
1.15 Preliminary Drawings
ENGINEER will prepare preliminary 30% design level drawings that convey the major
design intent for the project components. Drawing will include:
- General (including process flow diagrams through primary treatment and hydraulic
profiles)
- Demolition (including site demolition plan required for primary clarifier improvements)
- Civil/Site (including site plan with structure locations, yard piping plans, pipe profiles
for major [greater than 24-inch] yard piping, extent of roadway pavements, and
general site drainage plan.
- Architectural (including preliminary architectural floor plans, interior and exterior
materials and appearances, and general accessibility planning for Sludge Pump
Stations).
- Structural (major tankage and buildings and general foundation approach).
- Process Mechanical (including the primary clarifier, primary sludge pump station,
primary effluent pump station, and odor control).
- Electrical (including overall facility power distribution one-line and site plan).
- Instrumentation (including preliminary process mechanical and instrumentation
diagrams (PMIDs) and overall SCADA system architecture plan).
- Building Mechanical (HVAC and plumbing) systems for major process buildings.
For 30% design progress, approximate percentage complete of design by applicable
disciplines is assumed to be as follows:
- Site/Civil 40%
- Geotechnical 40%
- Structural 20%
- Architectural 25%
- Process Mechanical 40%
- Electrical 20%
City of Fort Worth,Texas CDM Smith Scope Rev2 Final
Attachment A 08/23/2021
Page 14 of 15
ATTACHMENT A
DESIGN SERVICES FOR
VCWRF PRIMARY CLARIFICATION IMPROVEMENTS DESIGN
CITY PROJECT NO.:103295
- I nstrumentation-PM I Ds 40%
- Instrumentation-System Architecture 40%
- Building Mechanical 20%
Task 1.14 Project Deliverables
• 30% Design Drawings (seven hard copies and one electronic .pdf file)
City of Fort Worth,Texas CDM Smith Scope Rev2 Final
Attachment A 08/23/2021
Page 15 of 15
ATTACHMENT B
COMPENSATION
Design Services for
Village Creek Water Reclamation Facility Primary Clarification Improvements
City Project No. 103295
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
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Water Department monthly progress reports and schedules in the format
required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
CDM Smith Inc. Project Management/ Design $947,484 66.1%
Proposed MBE/SBE Sub-Consultants
JQ Infrastructure Structural Design $123,505 8.6%
Texplore Geotechnical Drilling $22,700 1.6%
Non-MBE/SBE Consultants
Freese & Nichols Hydraulic Modeling $244,536 17.1%
Spooner &Associates Surveying $39,050 2.7%
TEAM Geotechnical Laboratory $4,025 0.3%
Testing
Alex McCorquidale CFD 2Dc Modeling Support $7,200 0.5%
CPE Services Inc. Clarifier Performance $44,500 3.1%
Evaluation
TOTAL $1,433,000 100%
Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
103295 - VCWRF Primary Clarification $1,433,000 $146,205 10.2%
Improvements
City MBE/SBE Goal = 10% Consultant Committed Goal = 10.2 %
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Village Creek Water Reclamation Facility Primary Clarification Improvements
City Project No. 103295
None
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
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Attachment E
lu
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T"t,
LUVILLAGE CREEK WATER
tawRECLAMATION FACILITY
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SL 2020
Attachment E
Village Creek Water Declamation Facility
Primary Clarification Improvements
City Project No.: 103295
roject Scope of Work r •
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Project Location:
Fan L54nh
Village Creek Water
° fl Reclamation Facility
€oFl Worth �. �,Ll.a.o.r r.ial
4500 Wilma Lane
r� J�ilrloi,n
Fan lYo.l+i�o� •_.• i..'.�
Arlington, T
C+1�11.Y1
� I � � � "� the Fae.�l►Ygpn4" •' '-' .n. *___
4
Attachment F
Cetli ica(e Of lmmraiioe
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, 5epiember 28, 2021 REFERENCE NO.: "M&C 21-U767
LOG NAND: G0VCVVRFPCLARIFIERPIPD-CDM
SUBJECT:
(CD 5)Atythorize Execution of an Englneerlrrg Agreement with CDM Smith, Inc., for$1,433.000.00 for the
Primary Clarifier Process Evaluation and Preliminary Design-Phase 1 Project, Village Creek Water
Reclamation Facility, Adopt Attached Resolution Expressing Official Intent to Reimburse Expenditures wish
Proceeds of Future Debt and Adopt Attached Appropriation Ordinance
REGOMMENDA`1'tON
It is recommended that the City Council_
1, Authorize execution of an engineering agreement with CDM Srnith, Inc., in the amount of
1,433,000.00 for process evaluation and engineering design of primary clarifiers process at the
Village Creek Water Reclamation Facility Primary Clarifiers Replacement Phase 1 project;
2. Adopt the attached resolutiop expressing official intent to reimburse expenditures w191 {proceeds of
future debt for Village Creek Water Reclamation Facility Primary Clarifiers Replacement- phase 1
project (CPN 10329b); and
3. Adapt the attached appropriation ordinance adjusting appropriations in the Water and Sower
Commercial Paper Fund by increasing appropriations in the amount of$1,623,300,G0 in the Village
Creek Water reclamation Facility Primary Clarifiers Replacement Phase 1 project (City Project No.
103295) and decreasing appropriations in the Unspecified project(City Project No. UNSPEC) by the
same amount.
DISCUS51ON:
Village Creek Water Reclamation Facility (VC VVRF} currently has 18 primary clarifiers, consisting of 12
small K-foot diameter clarifiers and six large 160-ft diameter clarifiers, located in the southeast corner of
the plant. The 12 small primary clarifiers which were constructed in 1D56, 1953, and 1971, have outlived
their useful lives and are in need of replacement. This project provides for process evaluation and
preliminary design for the improvement and replacement of the 12 small primary clarifiers,
The proposed scope of services consists of process evaluation, technical memos, preliminary design, cost
estimates, and assessment of additionallimprovement infrastructure necessary for the replacement of
primary clarifiers 1-12-
CDM Smith, Inc. proposes to perform the necessary work for a fee not to exceed S1,433,000.ft In
addition to the contract amount, $190,300.00 is required for project management and material testing.
This project is anticipated to be included in a future revenue bend issue for the Water and Sewer Fund.
Available cash within the Water and Sewer portfolio and the City's portlolio along with the appropriation
authority authorized underthe callable Commercial Paper Program (CP)will be used to provide interim
financing for this project until debt is issued. Cnce debt associated with this project is sold. band proceeds
will be used to reirburse the Wafer and Sewer portfolio and the Ci'ty'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 Village Creek Water Reclamation Facility Primary Clarifiers Replacement project, are as
depicted below:
http:llapps.dffliet,orgleceunuil/pr[lit mc.asp?id=29315&print--Lrue&Doc-Type=Print 10/2l2421
FUNDING Existing I Additional Project Total
Appropriations Appropriations
W&S
Gommercial $0 00 $1,623,300,00 $1,623,300.00
R020
per Fund
Project Total $0.04 $1,523,300.00 $1,623 300.00
Business Equity - CDM Smith, Inc. is in compliance with the City's Business Equity Ordinance by
cornwitting to a 10 percent Business Feluity particlpatlon on this project, The City's Business Fqulty goal
on this project is 14 percent.
The VCVVRF serves ALL COUNCIL DISTRICTS and is physically located in COUNCIL DISTRICT 6.
FISCAL INFORMATION 1 GERTIFICATION:
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 VC Primary
Clarifier REPI- PHI project to support the approval of the above recommendation and execution of the
agreement. Prior to any expenditure being incurred,the Water Department has the responsibility of
verifying the availability of funds.
FUND IDENTIFIERS (FIDS):
TO
Fund Department ccoutt Project 1113rogramlc#ivi Budget Reference # moun
!D ID Year Ghartfiald 21
FROM
Fund l Department Accoun Project JProiram ctivi#y Budget — Reference # rnoun
ID ID Year hartfield
CERTIFICATIONS:
Submitted for City Manager's Office b . Dana Burghdoff (8018)
Orictinatintt Department Head: Chris Harder (5020)
Additional Information Ccntact: Farida Goderya (8214)
ATTACHMENTS
1. 60VCWRFPCLARIFIERPIPD-CDM funds availability.docx (CFVV Internal)
2. EOVCWRFPCLARIFIFRI?1Pn-CDM Cornpliance Memo.pdf (CFWIntnmal)
3. 60VCWRFPCLARIFIERPlPD-CDM Forrn 1295.pdf (CFVV Internal)
4, 60VGWRFPGLAR1F1FRP1 PD-CDM_Reimb Resolution.Ddf (Public)
5. 60VCWRFPCLARIFIERPIPD-CDM Map.pdf (Public)
6. 60VCWRFPCLARIFIERPIRD-CDM 56020.docx (Public)
7. 00py of 60VQWRFPGt-AR1FIERF1 PO-CEI 1 FID Table WCF 08.34,21 Rev.xlsx (CFW Internal)
8. SAM search CDM Smith.pdf (CFVV Internal)
http:liapps.cfwnet.org/ecouncil/printme.asp?id=29315&print--h-ue&DOeTypc=Print 10l2�2021
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