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HomeMy WebLinkAboutContract 45904 CAW SEC MA CONTRACT N©e � CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and CDM Smith, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Peak Flow Management Facilities Final Design. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $2,480,156.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment �a M rn (1) The Engineer shall provide the City sufficient documentation, including but rn not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. � (2) The ENGINEER will issue monthly invoices for all work performed under this � , AGREEMENT. Invoices are due and payable within 30 days of receipt. EN (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the 7invoice. City of Fort Worth,Texas �� n Standard Agreement for Engineering Related Design Services 4 p P U PMO Official Release Date:1/28/2013 Page 1 of 16 (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 3 of 16 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. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 4 of 16 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. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 5 of 16 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 photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 6 of 16 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 10 of 16 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. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 11 of 16 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 V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 13 of 16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 14 of 16 I. 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. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B— Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 15 of 16 Executed and effective this the cZ day o , 2014. BY: BY: CITY OF FORT WORTH ENGINEER CDM Smith Inc. Fernando Costa uglas L. arner, P.E. Assistant City Manager Vice President Date: 8126/.4 Date: ���) 1-0 APPROV RECOMMENDED: By: S. Frank Crumb, P.E., BCEE Director, Water Department APPROVED AS TO FORM AND M&C No.: C-26890 LEGALITY M&C Date: July 22, 2014 By: - Assistant City Attorney F Op �Q�UOt)oGgq� ATTEST: - p , �8 q� 0 °q q 0 q A ,19 Mary J. Kays r City Secretary OFFICIAL. RECORD CITY SECRETARY City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services FT. WORTH, T� PMO Official Release Date:1/28/2013 Page 16 of 16 ATTACHMENT DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 ATTACHMENT A Scope for Engineering Design Related Services for Wastewater Treatment Plant Improvements DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT FACILITIES CITY PROJECT NO.: 02009 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. PROJECT DEFINITION AND BACKGROUND The Fort Worth Water Department's Village Creek Water Reclamation Facility (VCWRF) Peak Flow Management Facilities Project "the Project" includes proposed improvements to the plant's existing infrastructure and modifications/construction of additional infrastructure for conveyance and storage of peak flows in excess of the plant's sustainable treatment capacity. The Project is a Construction Manager at Risk (CMAR) project with McCarthy Building Companies, Inc. (McCarthy) as the CMAR. The Project includes the following areas of improvement recommended from the Preliminary Design Report (PDR)that this final design services scope is based upon. Construction phase services are not included as part of this scope and will be subsequent to this agreement. • 340 million gallon (MG) peak flow storage basin (PFSB) with three basin layout (one 40 MG concrete basin, two earthen basins) inside the existing Sludge Only Landfill (SOL) • Connection to VCWRF reclaimed water system for PFSB wash down and cleaning • Hydrogen peroxide storage and feed system for odor control at PFSB, Basin 1 Only • Sludge Only Landfill/Solids Dewatering Facility storm water improvements (no filtrate pump station improvements) • Expansion of HRC pump station firm pumping capacity to 110 MGD • Stand-by equipment for HRC including sludge recirculation pump, hydrocyclones, and chemical feed pumps • Improvements to HRC dry polymer feed system • Improvements to HRC influent weir control • Modifications to Junction Box 00 • New 96-inch pipeline from Junction Box 00 to PFSB • Two new siphon structures for PFSB pipeline Trinity River crossing City of Fort Worth,Texas Revision 2 Attachment A 0512112014 PMO Release Date:07.23.2012 Page 1 of 16 ATTACHMENT DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 • Rehabilitation of the 24-inch filtrate drain line from the Solids Dewatering Facility (SDF) (inside the plant boundary) to allow PFSB to drain to Primary Effluent Pump Station No. 2 (PEPS No. 2) • Rehabilitation of existing 72-inch/60-inch abandoned plant bypass line to use as HRC effluent pipeline to Aeration Basins (ABs) 1-6. New above ground pipeline from bypass line connection to Aeration Basins (ABs) 1-6. • HRC effluent flow metering for PFSB and ABs 1-6 flow • Improvements to ABs 1-9 flow metering • Electrical, instrumentation, and controls for peak flow management improvements • Site and piping improvements • Headworks Facility improvements to increase screening capacity* * Basic services include study only. Final design is included as an additional service. Preliminary design (15% level) will be completed under separate contract. The following scope of work clarifies and describes the project tasks to be performed and completed by the ENGINEER for final design of the Project. Upon receipt of notice to proceed, ENGINEER will conduct final design at the 30%, 60%, 90%, and 100% design levels and prepare our opinion of probable construction cost (OPCC) at each level. ENGINEER will coordinate with CMAR throughout the duration of the final design phase. WORK TO BE PERFORMED 1.0 PRELIMINARY ENGINEERING SERVICES 1.1 Final Geotechnical Investigation 1.2 Survey and Subsurface Utility Engineering Services 1.3 Pipe Cleaning and Inspection 1.4 Permitting/Environmental Assistance 1.5 Process Integration/Coordination 1.6 Public Outreach 2.0 FINAL DESIGN SERVICES 2.1 Project Management 2.2 Preliminary Design (30%) 2.3 Final Plans and Specifications (60% and 90%) 2.4 Final Construction Documents (100%) ADDITIONAL SERVICES Permitting/Environmental Assistance Headworks Facility Improvements Design Odor Control Design for PFSB Earthen Basins City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 2 of 16 ATTACHMENT A DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 1.0 PRELIMINARY ENGINEERING SERVICES 1.1 FINAL GEOTECHNICAL INVESTIGATION 1.1.1 Additional Geotechnical Borings Preliminary geotechnical investigation was performed as part of Preliminary Design for this Project. The preliminary investigation included drilling 19 borings (out of the proposed 50 borings) to explore the subsurface conditions; evaluating the pertinent engineering properties of the subsurface materials; addressing groundwater levels related to groundwater dewatering; and providing preliminary recommendations regarding the proposed improvements. ENGINEER will provide additional borings and subsurface investigation for the PFSB, pipeline to PFSB, and pipeline to Aeration Basins (ABs) 1-6 to finalize the geotechnical investigation. ENGINEER will reference geotechnical boring information from the Levee Recertification Project to potentially reduce the number of borings required for this Project. 1.1.2 Final Geotechnical Report ENGINEER will finalize geotechnical investigation and prepare Final Geotechnical Report. ASSUMPTIONS • Up to 12 borings for the PFSB, 5 borings for the PFSB pipeline, and 3 borings for the pipeline to ABs 1-6 are expected for Final Design. • Boring information from Levee Recertification Project will be used for levee crossings. Boring information from the Village Creek Reclaimed Water Eastern Delivery System Distribution Main Part 1 & 4 Project will be used for river crossing. • Two copies of the Final Geotechnical Investigation Report will be delivered. Report will be letter sized and comb-bound with a clear plastic cover. Drawings will be 11 x1 7 size fold outs bound in the report. DELIVERABLES • Final Geotechnical Investigation Report • Final Geotechnical Investigation Report will be uploaded to the designated project folder in Buzzsaw 1.2 SURVEY AND SUBSURFACE UTILITIY EXPLORATION 1.2.1 Aerial Photogrammetric Survey An aerial photogrammetric survey was performed as part of Preliminary Design for this Project for CITY owned property (VCWRF, SOL, and Drying Beds) and along Greenbelt Road east of the SOL for the proposed PFSB pipeline route. Additional aerial surveying is needed for the PFSB pipeline route selected in preliminary design as it turns northwest and crosses the Trinity River to enter the PFSB on the south City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 3 of 16 ATTACHMENT A DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 end of the SOL. ENGINEER will review data collected during Preliminary Design and extend aerial photogrammetric survey as required for the selected pipeline route. 1.2.2 Geotechnical Boring Staking ENGINEER will stake and survey geotechnical borings performed under Final Design. 1.2.3 Subsurface Utility Exploration ENGINEER will perform subsurface utility exploration (SUE) and will include up to 10 test holes for proposed pipelines to further define potential conflicts. • 96-inch from Box 00 to PFSB • 60/42/36-inch from 72-inch/60-inch Bypass connections to ABs 1-6 • 24-inch PFSB drain line from ABs 1-6 HRC effluent header to 24-inch filtrate drain line 1.2.4 Tree Survey ENGINEER will perform a tree survey along the PFSB pipeline route to locate trees 6-inches and above and identify size and type within 100-ft pipeline construction easement. 1.2.5 Topographic and Improvements Survey ENGINEER will perform topographic and improvements survey of visible improvements for the pipeline route from Junction Box 00 to ABs 1-6, 24-inch filtrate drain line, and at the SOL, stormwater pond, and Sludge Dewatering Facility. ENGINEER will contact Texas One Call to have underground utilities marked along the new surveyed area outside of City of Fort Worth property. ENGINEER will contact water, sanitary sewer, and storm drain utilities to request that they also mark their utilities and unlock manholes. Survey utilities marked by the utility providers within the new surveyed area. ENGINEER will establish horizontal and vertical control for site. Horizontal control will be based on Texas State Plane Coordinates, NAD83. Vertical control will be based on NAVD 88. ENGINEER will perform improvements survey to calibrate InfoWorkso hydraulic model. Survey data will be incorporated into the existing plant site improvements plan developed from Preliminary Design. As-built data will be included. • HRC Facility: pipe invert, influent/effluent weir, effluent launder, top of structure elevations • Junction Box 00: top of structure, weir, pipe invert elevations • Aeration Basins 1-6 and 9-13: top of wall, HRC discharge pipe invert, water surface, influent weir elevations • Chlorine Contact Basins 31 and 32: water surface elevation • 24-inch filtrate drain manhole and pipe invert elevations City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 4 of 16 ATTACHMENT DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 ASSUMPTIONS • City will furnish record drawings of utilities in project area DELIVERABLES • Aerial photogrammetric and topographic and improvements survey AutoCAD files • Photogrammetric and topographic and improvements survey AutoCAD files will be uploaded to the designated project folder in Buzzsaw 1.3 PIPE CLEANING AND INSPECTON 1.3.1 72"/60" Primary Effluent Bypass Line ENGINEER will inspect the existing 72"/60" primary effluent bypass line from Junction Box O to the PE Diversion #1 Meter Vault to assess the condition of the pipes, joints, structures, and walls to identify necessary repairs to put the abandoned lines in service for this Project. Inspection services include pipe cleaning and CCTV. 1.3.2 23" Filtrate Drain Line ENGINEER will inspect the existing 24-inch filtrate drain line to assess the condition of the pipes, joints, manholes, structures, and walls to identify necessary repairs to put the lines in service for this Project. Inspection services include pipe cleaning and CCTV. ASSUMPTIONS • Dewatering and access to the pipe for inspection will be by VCWRF • All lines can be taken out of service for inspection DELIVERABLES • Inspection video of 24-inch filtrate line and 72/60-inch primary effluent bypass line • Ten copies of Technical Memorandum summarizing the pipe inspection activities and recommended repairs/modifications to put pipes in services for this Project • Final Technical Memorandum will be uploaded to the designated project folder in Buzzsaw 1.4 PERMITTING/ENVIRONMENTAL ASSISTANCE ENGINEER will provide permitting/environmental assistance to CITY related to the Project. 1.4.1 Floodplain Certification/Corridor Development Certification ENGINEER will prepare application forms for floodplain certification for the CITY of Fort Worth and provide any calculations necessary to support permit approval. If a rise in elevation of the waters within the floodplain is anticipated, ENGINEER will perform the modeling required to document elevation changes and extent of impact. City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 5 of 16 ATTACHMENTA DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 ENGINEER will design appropriate flood mitigation and coordinate with the US Army Corp of Engineers. If there is no rise in elevation of waters within the floodplain, ENGINEER will prepare the necessary documentation for variance authorization. 1.4.2 TCEQ Permits ENGINEER will assist in preparation of letter to relinquish the existing sludge landfill authorization. ENGINEER will prepare a letter for CITY to send to TCEQ updating them on changes to the facility (no permit amendment required). ENGINEER will review deed records of the proposed sites to confirm that the new intended use is consistent with uses described in the property deed. Upon selection of site and process integration, ENGINEER will prepare a letter for TCEQ informing them of changes (no permit amendment required). ASSUMPTIONS • Section 404 Mitigation Plan, a formal Section 7 Consultation, Environmental Assessment, or TCEQ permit amendment will not be required for the Project. DELIVERABLES • Floodplain certification and corridor development certification applications and calculations • Letter for TCEQ permit changes • Final deliverables will be uploaded to the designated project folder in Buzzsaw 1.5 PROCESS INTEGRATION/COORDINATION 1.5.1 Data Collection and Review ENGINEER will review current treatment processes (including expansions and improvements under construction or contracted for design/construction) and assess design and peak flow treatment capacity for VCWRF. Evaluations performed recently will be incorporated into the process assessment. ENGINEER will review the functional screening capacity of the Screening Facility with Box E/EE level control and provide recommendations to improve screening capacity. Incorporate recommended modifications in final design documents. 1.5.2 Peak Flow Scenarios ENGINEER will define the ranges of peak flows and their frequency of occurrence based on the flow analysis performed under Phase 1 of this Project. 1.5.3 Treatment Capacity ENGINEER will define up to five operating scenarios integrating the conventional treatment trains, the high rate clarifier, and the peak flow storage basin. Definition of the scenarios will involve both flow and water quality characteristics. City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 6 of 16 ATTACHMENT A DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 1.5.4 Operating Protocols ENGINEER will determine treatment capacity of various treatment trains, including peak flow capacity. These capacities will be used in developing operating protocols for wet weather management. ENGINEER will develop operating protocols regarding the routing of flows associated with each of the scenarios (including both diversion of flows into the wet weather treatment units and back into the conventional treatment processes). ENGINEER will incorporate the operating protocols into the plant's Operations and Maintenance Manual and/or Standard Operating Procedure Documents. 1.5.5 Technical Memorandum ENGINEER will prepare a Technical Memorandum regarding potential for uprating the conventional treatment process based on integration of the wet weather facilities into the process train. 1.5.6 Meetings and Workshops ENGINEER will conduct the following workshops as it relates to this task. • Task kick-off meeting • Up to five task progress meetings • Uprating review meeting • Peak flow scenarios workshop • Operating protocols workshop DELIVERABLES • Ten copies of Draft Technical Memorandum for City review. Ten copies of Final Technical Memorandum • Meeting and workshop minutes • Final deliverables will be uploaded to the designated project folder in Buzzsaw 1.6 PUBLIC OUTREACH Upon request, ENGINEER will assist CITY with public outreach to nearby neighborhoods and businesses related to the CMAR project, permitting, and odor control for the PFSB. 1.6.1 ENGINEER will prepare exhibits and documents for public meetings. DELIVERABLES • Exhibits and documents for public meetings City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 7 of 16 ATTACHMENTA DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 2.0 FINAL DESIGN SERVICES TASK 2.1 PROJECT MANAGEMENT ENGINEER will ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will perform project management duties throughout the Design and Construction Services Phase of the Project. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 2.1.1 General Project Management • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 2.1.2 Communications and Reporting • Conduct monthly project status meetings with the CITY and CMAR team. • 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. • 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 designs, and make changes necessary to meet their requirements, as part of the design scope. 2.1.3 Project Management Plan (PMP) ENGINEER will prepare a written project management plan which outlines the scope and protocol for conducting the Project. This work plan will be prepared in preliminary format for internal review and submitted to the CITY at the Kick-off meeting for review and comment. A final work plan will be prepared which incorporates review comments. The final work plan will be distributed to ENGINEER and CITY staff and will include the following items: City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 8 of 16 ATTACHMENT DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 • Objectives of Project • Scope of Services • Schedule • Deliverables • Communication Plan • Project Workshops • Monthly Project Status Meetings • Weekly Special Meetings • Engineer Technical Reviews • CITY Reviews • CMAR Reviews • Opinion of Probably Construction Cost (OPCC) Project Team Directory • Correspondence • Inventory of Baseline Information and Data • Master Needs and Issues Log • Invoicing Information • Monthly Progress Reports • Document Management System ASSUMPTIONS • Design will be completed within 15 months from notice to proceed DELIVERABLES • Meeting and workshop minutes • Up to 15 monthly invoices and progress reports • Up to 15 monthly design schedule updates • Up to 15 monthly MWBE reports • Correspondence with permitting authorities • Ten copies of Draft PMP for City review and ten copies of Final PMP TASK 2.2 PRELIMINARY DESIGN (30 PERCENT) 2.2.1 Kick-Off Meeting ENGINEER will conduct project kickoff/chartering meeting with CITY staff and CMAR to confirm and clarify scope, communication protocol, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. 2.2.2 Plant Reconnaissance ENGINEER will conduct an on-site plant reconnaissance to evaluate the existing plant, verify the plant's conformance with the record drawings and discuss concerns and changes with the plant operations staff. This subtask will include ENGINEER'S design engineers and SUBCONSULTANTS as necessary. City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 9 of 16 ATTACHMENT DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 2.2.3 Site Visits ENGINEER will conduct site visits as needed to field verify existing conditions, investigate site conditions, etc. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its SUBCONSULTANTS will carry readily visible information identifying the name of the company and the company representative. 2.2.4 Coordination with CMAR ENGINEER will coordinate with CMAR as needed during design. ENGINEER will attend weekly special coordination meetings with CITY and CMAR team. 2.2.5 Hydraulic Modeling InfoWorkso Model Development- ENGINEER will further develop InfoWorkso model and add HRC effluent piping from Junction Box 00 to ABs 1-6 and ABs 9-13 to model developed as part of preliminary design. ENGINEER will calibrate model using survey data for weirs, pipe inverts, etc. ENGINEER will coordinate with others to merge the InfoWorkso model developed as part of this Project with InfoWorkso model developed by others under separate contract to create a complete working model for VCWRF. ENGINEER will use InfoWorkso model for process integration to develop an overall plant hydraulic balance for projected 2030 peak flows with PFSB on-line and for average day flows when PFSB flow is returned to the plant. Hydraulic Profiles - ENGINEER will use InfoWorkso model to refine hydraulic profiles and flow scenarios developed as part of final design. • HRC to PFSB • HRC to ABs 1-6 and 9-13 • PFSB to HRC • PFSB to PEPS 2 2.2.6 Instrumentation and Control Evaluation ENGINEER will review the existing plant I&C system and the current networking with the SCADA system and determine issues that need to be addressed in implementing the new I&C System. HRC Program Code - ENGINEER will investigate HRC program code to field verify existing conditions and modifications to integrate new HRC equipment. Update narratives of existing HRC Control and 1/0 list of existing HRC PLC H. Flow Measurement Evaluation - ENGINEER will evaluate flow measurement alternatives for PFSB, PFSB drain to PEPS 2, ABs 1-6, and improvements to ABs 9- 13 flow measurement. City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 10 of 16 ATTACHMENT A DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 2.2.7 Preliminary Plans and Specifications Preliminary plans and specifications will be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary plans and technical specifications for the peak flow management facilities as follows. ENGINEER will use CITY's standard General Conditions section of specifications and modify as necessary in Supplementary Conditions to fit this project. Documents will include General and Special Conditions, Bid Proposal Forms, Instructions to Bidders, and all other sections generally considered to be necessary for solicitation of bids. The design services include those tasks necessary for constructing the Peak Flow Management Facilities as listed above and as described in the PDR. This project will also include yard piping including new reclaimed water pipeline for PFSB to facilitate cleaning; site grading and drainage; CCTV system for PFSB; flow measurement; miscellaneous meter vaults and valve vaults; plant electrical; power supply system and electrical for PFSB; and plant and PFSB I&C system. 2.2.8 Opinion of Probable Construction Cost Engineer will prepare opinions of probable project cost based upon 30% complete design documents. 2.2.9 Value Engineering Workshop ENGINEER will conduct 30% design value engineering workshop with the CITY and CMAR. ASSUMPTIONS • Design will be completed within 15 months of notice to proceed • There will be up to 20 weekly coordination meetings with CITY and CMAR • CITY will provide updated InfoWorks® model of VCWRF developed by others under separate contract • Ten sets of 11x17 plans will be delivered for the Preliminary Design • Preliminary Design deliverable will include proposed site plans, proposed piping layouts, process flow diagrams, hydraulic profiles, process mechanical and instrumentation diagrams (PMIDs), electrical one-line diagrams. • The CITY's front end and technical specifications will be used. ENGINEER will supplement the technical specifications if needed. • Major equipment specifications and construction sequencing and major tie-in list will be delivered for the Preliminary Design • Preliminary sheet count is 199 sheets. ENGINEER will provide update on estimated preliminary sheet and specification list. • Individual bid packages will be prepared by CMAR City of Fort Worth,Texas Revision 2 Attachment A 5121/2014 PMO Release Date:07.23.2012 Page 11 of 16 ATTACHMENT A DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 • PDF files of Preliminary Design documents will be uploaded to the designated project folder in Buzzsaw • ENGINEER will not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans DELIVERABLES • Kick-off meeting minutes • Weekly special coordination meeting minutes • Hydraulic profiles of peak flow management facilities • InfoWorks® model file of peak flow management facilities • Instrumentation and Control Evaluation Technical Memorandum • Preliminary design drawings and technical specifications • Preliminary drawing and specification list • Engineer's opinion of probable construction cost (30 percent) • VE Workshop minutes TASK 2.3 FINAL DESIGN PLANS AND SPECIFICATIONS (60 AND 90 PERCENT) Upon approval of the Preliminary plans and specifications, ENGINEER will prepare final design plans and specifications as follows: 2.3.1 Site Visits ENGINEER will conduct site visits as needed to field verify existing conditions, investigate site conditions, etc. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its Subconsultants will carry readily visible information identifying the name of the company and the company representative. 2.3.2 Coordination with CMAR ENGINEER will coordinate with CMAR as needed during design. ENGINEER will attend weekly special coordination meetings with CITY and CMAR team. 2.3.3 iSWM Criteria Manual For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. ENGINEER will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 12 of 16 ATTACHMENT A DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 2.3.4 Final Plans and Specifications Draft Final plans and specifications will be submitted to CITY per the approved Project Schedule. ENGINEER will provide CITY ten (10) sets of review documents at 60% and 90% completion level. 2.3.5 Opinion of Probable Construction Cost The ENGINEER will submit a final design opinion of probable construction cost with both the 60% and 90% design packages. 2.3.6 Value Engineering Workshop ENGINEER will conduct value engineering workshops with the CITY and CMAR at 60% and 90% completion level. ASSUMPTIONS • Design will be completed within 15 months of notice to proceed • There will be up to 40 weekly coordination meetings with CITY and CMAR • Ten sets of 11x17 size drawings and ten sets of specifications will be delivered for the 60% and 90% Design packages • Individual bid packages will be prepared by CMAR • A PDF file for the 60% and 90% Design packages will be uploaded to the project folder in Buzzsaw • The CITY's front end and technical specifications will be used. The ENGINEER will supplement the technical specifications if needed. • Engineer to provide estimated final sheet list DELIVERABLES • Weekly special coordination meeting minutes • 60% and 90% design drawings and specifications • Detailed opinion of probable construction costs at 60% and 90% design TASK 2.4 FINAL CONSTRUCTION DOCUMENTS (100 PERCENT) Upon approval of 90% design plans and specifications, ENGINEER will prepare final construction documents for CMAR's use for bidding. 2.4.1 Plans and Specifications ENGINEER will provide five sets of 100% sealed documents to CITY for final review. These documents will also be submitted to TCEQ for review/approval. ENGINEER will update plans and specifications with any final comments prior to bidding. City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 13 of 16 ATTACHMENT A DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 ENGINEER will not prepare individual or separate bid packages for CMAR. The CMAR will be responsible for preparing all bid packages. 2.4.2 Final Opinion of Probable Construction Cost The ENGINEER will submit a final opinion of probable construction cost for the project. ASSUMPTIONS • Design will be completed within 15 months of notice to proceed • Ten sets of 11x17 size drawings and ten specifications will be delivered for the 100% Design package • Individual bid packages will be prepared by CMAR • A PDF file for the 100% Design Documents will be uploaded to the project folder in Buzzsaw • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw DELIVERABLES • 100% construction plans and technical specifications • Detailed opinion of probable construction cost • Original cover mylar for the signatures of authorized CITY officials TASK 3.1 PRECONSTRUCTION SERVICES 3.1.1 Guaranteed Maximum Price (GMP) Negotiation ENGINEER will assist the CITY in reviewing the CMAR's proposed Guaranteed Maximum Price (GMP) and negotiating the GMP. ENGINEER will utilize its professional estimating personnel and tools to assist the CITY with negotiating GMP. It is assumed that there will be up to six construction packages over an 18-month construction period totaling $29 million in construction value. This task will consist of the following subtasks. • Estimating —The ENGINEER will utilize professional estimating software and personnel and its knowledge of current construction marketplace pricing to develop independent estimate for construction. ENGINEER will provide the CITY with plans and technical specifications. CMAR will combine appropriate drawings and specifications for each bid package. The ENGINEER will provide the CITY with a written estimate, with associated documentation and explanation, in accordance with the procedures developed for each bid package. • Best Value Assessment—The ENGINEER will provide an independent assessment of which bid provides the CITY with the best value for equipment and services. The ENGINEER will also assist the CITY to review proposals from the CMAR. City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 14 of 16 ATTACHMENT DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 ENGINEER will assist the CITY in reviewing the SUBCONTRACTOR trade bids/proposals which will go into the GMP and bid proposals from CMAR for self- performing work. 3.1.2 Clarifications/Addenda As requested by the CITY, the ENGINEER will provide necessary interpretations and clarifications of contract documents from the CMAR during the bidding phase. If necessary, such clarifications will be included in Addenda. 3.1.3 Conformed Documents ENGINEER will prepare conformed documents for the construction project, incorporating addenda items into the plans and specifications, and provide ten sets of half-size plans and specifications and five sets of full size plans for use by the CITY and CMAR during construction. 3.1.4 Meetings At the CITY's request, ENGINEER will attend pre-bid conferences, up to four all-day meetings with the CITY and CMAR for negotiating GMP. ASSUMPTIONS • Ten sets of 11 x1 7 size conformed drawings and specifications and FIVE sets of 22x34 size conformed drawings will be delivered for use by the CITY and CMAR during construction. DELIVERABLES • Addenda • Conformed drawings and specifications City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 15 of 16 ATTACHMENT A DESIGN SERVICES FOR VCWRF PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN CITY PROJECT NO.:02009 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these or other 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 will be agreed upon in writing by both parties before the services are performed. These additional services include the following: PERMITTING/ENVIRONMENTAL ASSISTANCE Section 404 Mitigation Plan: if wetlands are encountered outside of the existing levees, ENGINEER will prepare Section 404 Wetlands Mitigation Plan and coordinate with the US Army of Corps of Engineers regarding implementation. Threatened and Endangered Species Formal Section 7 Consultation: If threatened and endangered species are encountered in the construction areas associated with the Project, a formal Section 7 consultation will be required. ENGINEER will prepare documents for consultation and coordination with the Fish and Wildlife. Section 208/408 Federal Levee Coordination: if it is determined that federal levees are involved in the areas of construction for the Project, it will be necessary to coordinate with the US Army Corps of Engineers Operations section. ENGINEER will prepare an Environmental Assessment and appropriate permit/license forms for the Corps. TPDES Permit Amendment: ENGINEER will prepare amendment application for submittal to TCEQ if any of the modifications at the Sludge Only Landfill or within the operation of the treatment plant are determined to be significant by the TCEQ. It is not anticipated that a permit amendment will be required for the Project. ODOR CONTROL DESIGN ENGINEER will prepare final design plans and specifications of odor control system for PFSB earthen basins. City of Fort Worth,Texas Revision 2 Attachment A 5/21/2014 PMO Release Date:07.23.2012 Page 16 of 16 ATTACHMENT B COMPENSATION Design Services for VILLAGE CREEK WATER RECLAMATION FACILITY PEAK FLOW MANAGEMENT FACILITIES FINAL DESIGN SERVICES City Project No. 02009 Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.2. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll- related taxes, payments, premiums, and benefits. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of five percent (5%) for subcontract expenses for CP&Y and Alan Plummer Associates and ten percent (10%)for all other subcontract expenses. 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. 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 3 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant CDM Smith Inc. Project Management, Design $1,650,539 67 Proposed MBE/SBE Sub-Consultants CP&Y Inc. Basin Design $508,782 21 Alliance Geotechnical Geotechnical Design $77,000 3 Group Non-MBE/SBE Consultants Alan Plummer Environmental Permitting, $153,205 6 Associates Inc. Process Integration/Coordination Briones Consulting & Surveying and SUE $74,000 3 Engineering LTD Metropolitan Aerial Aerial Surveying $1,630 <1 Surveys Ace Pipe Cleaning Pipe Cleaning and Inspection $15,000 <1 TOTAL $2,480,156 100% Project Number& Total Fee MBE/SBE Fee MBE/SBE % Name 02009 Village Creek $2,480,156 $585,782 24% Water Reclamation Facility Peak Flow Management City MBE/SBE Goal = 24% Consultant Committed Goal = 24% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 ATTACHMENT E PROJECT LOCATION � PEAK FLOW ' = BASIN& 1 E All I IX p VILLAGE CREEK WATER RECLAMATION FACILITY City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/22/2014 DATE: Tuesday, July 22, 2014 REFERENCE NO.: C-26890 LOG NAME: 60PEAKFLOWFINALDESIGN SUBJECT: Authorize Execution of an Engineering Agreement with CDM Smith, Inc., in the Amount of$2,480,156.00 for Final Design of Peak Flow Management Facilities at the Village Creek Water Reclamation Facility and Provide for Staff Costs and Contingencies for a Total Project Cost in the Amount of$2,605,156.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council Council authorize the execution of an Engineering Agreement with CDM Smith, Inc., in the amount of$2,480,156.00 for final design of Peak Flow Management Facilities at the Village Creek Water Reclamation Facility for a total project cost in the amount of$2,605,156.00. DISCUSSION: On September 18, 2012, Mayor and Council Communication (M&C C-25846), the City Council authorized an Engineering Agreement with CDM Smith, Inc., for process studies and conceptual design of the peak flow management facilities at Village Creek Water Reclamation Facility (VCWRF). This Engineering Agreement provides compensation to the Engineer for the final design, the preparation of plans and specifications for construction of the peak flow basin facilities and coordination of design efforts with the Construction Manager at Risk(CMAR) and evaluation of the CMAR's Guaranteed Maximum Price (GMP)to construct the project. Additional services, if needed, include public outreach, design of additional screening capacity, permitting assistance and odor control for the two earthen basins. The project includes a three basin configuration, one 40-million gallon concrete and two earthen structures, a 96-inch pipeline to transport the wastewater between the VCWRF and the Peak Flow Storage Basin, odor control at the concrete basin, connection to the reclaimed water system for wash- down and additional services to make modifications to the VCWRF as needed to optimize the transportation and treatment of the wastewater. Anticipated Village Creek Water Reclamation Facility(VCWRF) modifications include: HRC pump station expansion, improvements to the HRC chemical feed and polymer system, modifications to Junction Box 00, rehabilitation of 72-inch, 60-inch and 24-inch pipelines to handle return flows, improvements to metering, electrical, instrumentation and controls. A study of the VCWRF screening capacity is also included in Basic Services. MWBE Office -CDM Smith, Inc., is in compliance with the City's MWWBE Ordinance by committing to 24 percent MNVBE participation. The City's goal on this project is 24 percent. In addition to the contract amount, $125,000.00 is required for Staff project management. This project is located in ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/ecouncil/printmc.asp?id=19953&print=true&DoeType=Print 7/23/2014 FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P275 531200 701300200931 $2,480.156.00 P275 511010 701300200931 $125,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Madelene Rafalko (8215) ATTACHMENTS 1. 60PEAKFLOWFINALDESIGN MAP.pdf (Public) 2. 60PEAKFLOWFINALDESIGN MWBE.pdf (CFW Internal) 3. FAR-00003 CIP#02009 P275.pdf (CFW Internal) 4. FUND VERIFICATION.docx (CFW Internal) http://apps.cfwnet.org/ecounciVprintinc.asp?id=19953&print—true&DocType=Print 7/23/2014 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/22/2014 DATE: Tuesday, July 22, 2014 REFERENCE NO.: C-26890 LOG NAME: 60PEAKFLOWFINALDESIGN SUBJECT: Authorize Execution of an Engineering Agreement with CDM Smith, Inc., in the Amount of$2,480,156.00 for Final Design of Peak Flow Management Facilities at the Village Creek Water Reclamation Facility and Provide for Staff Costs and Contingencies for a Total Project Cost in the Amount of$2,605,156.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council Council authorize the execution of an Engineering Agreement with CDM Smith, Inc., in the amount of$2,480,156.00 for final design of Peak Flow Management Facilities at the Village Creek Water Reclamation Facility for a total project cost in the amount of$2,605,156.00. DISCUSSION: On September 18, 2012, Mayor and Council Communication (M&C C-25846), the City Council authorized an Engineering Agreement with CDM Smith, Inc., for process studies and conceptual design of the peak flow management facilities at Village Creek Water Reclamation Facility (VCWRF). This Engineering Agreement provides compensation to the Engineer for the final design, the preparation of plans and specifications for construction of the peak flow basin facilities and coordination of design efforts with the Construction Manager at Risk (CMAR)and evaluation of the CMAR's Guaranteed Maximum Price (GMP)to construct the project. Additional services, if needed, include public outreach, design of additional screening capacity, permitting assistance and odor control for the two earthen basins. The project includes a three basin configuration, one 40-million gallon concrete and two earthen structures, a 96-inch pipeline to transport the wastewater between the VCWRF and the Peak Flow Storage Basin, odor control at the concrete basin, connection to the reclaimed water system for wash- down and additional services to make modifications to the VCWRF as needed to optimize the transportation and treatment of the wastewater. Anticipated Village Creek Water Reclamation Facility (VCWRF) modifications include: HRC pump station expansion, improvements to the HRC chemical feed and polymer system, modifications to Junction Box 00, rehabilitation of 72-inch, 60-inch and 24-inch pipelines to handle return flows, improvements to metering, electrical, instrumentation and controls. A study of the VCWRF screening capacity is also included in Basic Services. MWBE Office-CDM Smith, Inc., is in compliance with the City's M/WBE Ordinance by committing to 24 percent MWWBE participation. The City's goal on this project is 24 percent. In addition to the contract amount, $125,000.00 is required for Staff project management. This project is located in ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/ecouncil/printmc.asp?id=19953&print=true&DocType=Print 7/23/2014 FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P275 531200 701300200931 $2,480.156.00 P275 511010 701300200931 $125,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Madelene Rafalko (8215) ATTACHMENTS 1. 60PEAKFLOWFINALDESIGN MAP.pdf (Public) 2. 60PEAKFLOWFINALDESIGN MWBE.pdf (CFW Internal) 3. FAR-00003 CIP#02009 P275.pdf (CFW Internal) 4. FUND VERIFICATION.docx (CFW Internal) htfp://apps.cfwnet.org/ecouncil/printme.asp?id=19953&print=true&DocType=Print 7/23/2014