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HomeMy WebLinkAboutContract 46356 CITY SECRETIMf'I //,, CONTRACT NO. ` U 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 CP&Y, Inc. authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Rolling Hills Water Treatment Plant High Service Pump Station Switchgear Replacement Project. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. i Article II Compensation A. The ENGINEER's compensation shall be in the amount of $426,460 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment m rn (1) The Engineer shall provide the City sufficient documentation, including but `< not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this o AGREEMENT. Invoices are due and payable within 30 days of receipt. . C (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas OFFICIAL,RECORD Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 CITY SECRETARY Page 1 of 2 FT.WORTH, TY, (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 Revised Date:9/24/2014 Page 2 of 2 (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 Revised Date:9/24/2014 Page 3 of 3 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 Revised Date:9/24/2014 Page 4 of 4 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 Revised Date:9/24/2014 Page 5 of 5 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 Revised Date:9/24/2014 Page 6 of 6 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 Revised Date:9/24/2014 Page 7 of 7 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 Revised Date:9/24/2014 Page 8 of 8 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 Revised Date:9/24/2014 Page 9 of 9 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 Revised Date:9/24/2014 Page 10 of 10 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 Revised Date:9/24/2014 Page 11 of 11 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 Revised Date:9/24/2014 Page 12 of 12 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 Revised Date:9/24/2014 Page 13 of 13 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 VF 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 Revised Date:9/24/2014 Page 14 of 14 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 15 Attachment E - Location Map Executed and effective this theavday of January, 2015. BY: BY: CITY OF FORT WORTH ENGINEER CP&Y, Inc Fernando Costa William E. Carroll, PE Assistant City Manager Principal Date: / /S Date: /�d?�2o/✓� APPROVAL RECOMMENDED: i By: Andrew T. Cronberg, P.E. Interim Director, Water Dep tm t APPROVED AS TO FORM AND M&C No.:G27097 LEGALITY M&C By: Date: 12/2/2014 Douglas lack Assistant City Attorney ATTEST: 0 0000 A,- o° �ga Mary J. Kar )7 0 °XT City Secr °°°°°°° u F, F;5 HAD„ p 1F,- o R,\i ; T11r' 2)N tc Pi Q 8R7, Il tf�� RFr���i9 7 City of Fort Worth,Texas --- --_ Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 16 of 16 ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 ATTACHMENT A Scope for Engineerinq Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR ROLLING HILLS WATER TREATMENT HIGH SERVICE PUMP STATION SWITCHGEAR REPLACEMENT CITY PROJECT NO.: 02315 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Task 1. Project Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services [Not Used] Task 8. Survey and Subsurface Utility Engineering Services [Not Used] Task 9. Plan Submittal Checklists [Not Used] Task 10. Inspection Services Task 11. Owner's Allowance TASK 1. PROJECT MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, f • 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. 1.1. Managing the Team • Lead, manage and direct design team activities t • Ensure quality control is practiced in performance of the work • Communicate internally among team members City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 14 ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. • Prepare and submit baseline Project Schedule initially, and Project 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 other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities (TCEQ and Fort, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS ■ 18 MWBE reports will be prepared ■ 6 meetings with city staff ■ 18 monthly water department progress reports will be prepared ■ 18 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports } D. Baseline design schedule City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 2 of 14 ATTACHMENTA DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (15-30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to • Study the project, • Identify and develop alternatives that enhance the system, • Present (through the defined deliverables) these alternatives to the CITY • Recommend the alternatives that successfully addresses the design problem, and • Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. • The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. 2.2. Geotechnical Investigations • ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. If the CITY determines that such borings or investigations are needed, then the ENGINEER shall work with the CITY and CITY's geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. 2.3. The Conceptual Design Package shall include the following: • Cover Sheet City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 3 of 14 r ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 • Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Proposed phasing of any water and sanitary sewer work that is included in this project documented in both the project schedule and narrative form. • Documentation of key design decisions. • Estimates of probable construction cost. 2.4 The Scope of the evaluation will include the following design elements: • Replacement of the electrical gear at High Service Pump Station 1 • Electrical service to High Service Pump Station 1 from Oncor Substation • Preliminary controls modification for the High Service Pump Station • Providing distribution directly from the Oncor Substation to the following Buildings: a. Administration Building b. Chlorine Building 1 c. Chlorine Building 2 d. Reclaim Station e. Chemical Building f. Chemical Feed Facilities (other than Ozone) g. Lime Building • Preliminary controls for the distribution loop. • Preliminary arc flash potential, load flow analysis and motor starting characteristics for the high service pump station and for the distribution loop. This study will be based on the SKM model being developed under the Are Flash study that is currently being developed and used to identify criteria for the full design. • Alternatives for providing method to load motors, pumps and valves into trailers from the pump floor. • Replacement of the lighting in the High Service Pump Station with LED technology. • Alternatives to provide direct access to the pump room without traveling through the electrical room. • Evaluation of the control elements at the pumps that may need to be upgraded for new operation of the pumps and for integration into SCADA. • Replacement of wiring from the medium voltage MCC to the pumps (both power and instrument wiring). • Evaluate the Relocation of the Air Conditioning Unit in the electrical cable tray room to get access for maintenance. • Replace the unit heaters in the pump room. • Replace the Sump Pumps in the Pump Room • Evaluate the replacement of the fans from the pump room. • Evaluation of protection of the electrical switchgear room from flooding. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 4 of 14 ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 • Evaluate Ventilation overflow pits. • TCEQ requirements for the Facility. • Opinion of Probable Cost for Each alternative evaluated. • Preliminary Sequence of Construction identifying work that must be completed prior to other work and potential partial or full plant shutdowns required. Also, will evaluate potential to accelerate portion of the project if needed to coordinate with the Flocculator Improvements • Structural analysis of access to the Pump Station at the overhead roll up door • Review of alternatives to remove pumps and motors from the lower level • Layouts for each alternative to clearly indicate the extent of the work that is recommended for the construction. ASSUMPTIONS • 0 Geotechnical borings are expected for this project. • _5_ copies of the conceptual design package (15-30% design) will be delivered. Report shall be letter sized and comb- bound with a clear plastic cover. Drawings will be_11"x17"_ size fold outs bound in the report • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw • ENGINEER shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet • Plan and profile sheets which show the following: Equipment layouts, duct bank layouts, profiles for new duct banks, pad mounted switch locations, device locations, connections between devices and motor control center, distribution panel or control panels. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 5 of 14 z ATTACHMENTA DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 • The ENGINEER will prepare Electrical Schematics, Floor Plans, Site Plans, • The ENGINEER will prepare standard and special detail sheets. Details sheets will indicate duct bank requirements, grounding requirements, special cable entry, structural modifications, support requirements. 3.2. Geotechnical Investigation • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. 3.3. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4. Utility Clearance • The ENGINEER will consult with the CITY's Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.5. Traffic Control Plan [Not Applicable] ASSUMPTIONS i • _0_ public meeting(s) will be conducted or attended during the preliminary design phase. • _0_ borings at an average bore depth of will be provided. • _5_ sets of_11"x17" size plans will be delivered for the Constructability Review. • _5_ sets of _11"x17" size plans will be delivered for the Preliminary Design (60% design). City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 6 of 14 ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 • _5 sets of specifications will be delivered for the Preliminary Design (60% design). • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Estimates of probable construction cost TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • 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. The 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. • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. i ASSUMPTIONS • _5_ sets of_11"x17"_ size drawings and 5 specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • 5 sets of_11"x17"_ size drawings and_5_ specifications will be delivered for the 100% Design package. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 7 of 14 ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Anticipated sheet list will include: Cover Sheet Sheet Index and General Notes Electrical Legend Overall Site Plan High Service Pump Station Demolition One-Line Diagram High Service Pump Station One-Line Diagram High Service Pump Station Electrical Room Demolition Plan High Service Pump Station Basement Demolition Plan High Service Pump Station Pump Room Demolition Plan High Service Pump Station Electrical Room Power Plan High Service Pump Station Electrical Room Control Plan High Service Pump Station Lighting and Receptacle Plan High Service Pump Station Basement Power Plan (Below Electrical Room) High Service Pump Station Basement Control Plan (Below Electrical Room) High Service Pump Station Pump Room Power Plan High Service Pump Station Pump Room Control Plan High Service Pump Station Pump Room Lighting and Receptacle Plan High Service Pump Station Interconnection Diagram I High Service Pump Station Interconnection Diagram II High Service Pump Station P&ID I High Service Pump Station P&ID II High Service Pump Station Ladder Logic I High Service Pump Station Ladder Logic II Duct Profile I from Oncor Substation to Administration Building (Will not be in 60% set) Duct Profile 11 from Administration Building to Chemical Building (Will not be in 60% set) Duct Profile III from Chemical Building to Lime Building (Will not be in 60% set) Enlarged Plan at Administration Building Administration Building Electrical Plan Enlarged Plan at Chemical Building Enlarged Plan at Lime Building Enlarged Plan at Chlorine Building 1 and Chlorine Building 2 Enlarged Plan at Reclaim Station Administration, Reclaim and Chemical One-line Diagram Electrical Details I Electrical Details II Structural Pads for Pad Mounted Switch Structural Modifications at High Service Pump Station (addressing equipment loading) Structural Modifications at High Service Pump Station Electrical Room Structural Details Architectural modifications at High Service Pump Station Electrical Room Architectural Details i r City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 8 of 14 ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover bond for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The AM will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the pre-bid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 9 of 14 ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings 1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in Buzzsaw. 2) ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Electronic versions of the plans will be available on line for contractors • _5_ sets of _11"x17" size and _2_ sets of _22"x34" size drawings plans and _5_ specifications conformed, will be delivered to the CITY. Three sets will be used for the Executed Documents. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations i C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents conformed F. Executed Documents TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 10 of 14 i; ATTACHMENT DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall review Shop Drawings and provide comments for shop drawings to the contractor. • The ENGINEER respond to Contractor Requests for Information • Conduct Monthly Construction Meetings for 12 Months • Review Contractor's As-built Documents at Monthly Intervals (day of Construction Meeting) • The ENGINEER shall attend SCADA Factory Acceptance Test. If the integrator is not in the Dallas-Fort Worth Metroplex, additional travel time based on the location will be an additional service. • The ENGINEER shall attend SCADA Site Acceptance Test. • The ENGINEER shall attend SCADA Functional Demonstration Test. • The ENGINEER will provide recommendation on Contractor's Payment Requests. • The ENGINEER shall review Operation and Maintenance Manuals. • The ENGINEER shall conduct Preliminary Walk Through and provide comments. Comments will incorporate comments made by the City's Staff and Inspector. • Conduct Final Walk Through and Review Comments from Preliminary Walk Through to Identify Work to be Completed for Final Completion • The ENGINEER shall prepare Letter of Recommendation for Substantial Completion when the project has demonstrated completion. • The ENGINEER shall prepare Project Closeout Documents for the completion of the project. • The ENGINEER shall attend the "Final" project walk through and assist with preparation and follow up of final punch list 6.2 Record Drawings • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: • As-Built Survey • Red-Line Markups from Contractor • Red-Line Markups from City Inspector City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 11 of 14 ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 • Copies of Approved Change Orders • Approved Substitutions • The ENGINEER will update the Rolling Hills overall Electrical One Line Diagram to reflect the modifications. • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on bond for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the bond. 2) Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • 25 RFI's are assumed. • 15 PCM or CMRs will be assumed • 3 Change Orders are assumed • One copy of full size (22"x34") bond will be delivered to the CITY. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 12 of 14 ATTACHMENT DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 D. Final Punch List items E. Record Drawings on bond TASK 7. ROW/EASEMENT SERVICES. (Not Applicable) TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. (Not Applicable) TASK 9. PLAN SUBMITTAL CHECKLISTS (Not Applicable) TASK 10. INSPECTION SERVICES Engineer will provide onsite inspection services as requested by the City's project manager. The onsite inspections services will be in coordination with the City's Inspector and will be an average of sixteen hours per week based on the construction period of twelve months. The schedule will be coordinate with the City's Project Manager Deliverables: Daily reports for each onsite inspection. TASK 11. OWNER'S ALLOWANCE Additional engineering and support from the engineer above the scope of the project. Tasks will be requested and authorized by the City's Project Manager prior to any allocation of the allowance. 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 services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right-of- entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Additional Construction inspection services above those required in Task X • Design phase public meetings • Performance of materials testing or specialty testing services. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 13 of 14 ATTACHMENT A DESIGN SERVICES FOR RH WTP HSPS SWITCHGEAR REPLACEMENT CITY PROJECT NO.:02315 • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. City of Fort Worth,Texas Attachment A PIAO Release Date:07.23.2012 Page 14 of 14 ATTACHMENT B COMPENSATION Design Services for Rolling Hills Electrical Improvements City Project No. Time and Materials with Multiplier Project 1. 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 The City of Fort Worth 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 CP&Y, Inc. Design 291,315 68% Proposed MBE/SBE Sub-Consultants GAI Design Support $114,444 26% AACE HVAC $23,700 5% Non-MBE/SBE Consultants CDM Smith ArcFlash $54,969 TOTAL $_426,459_ 100% Project Number & Total Fee MBE/SBE Fee MBE/SBE Name $_426,459 $ 138,144_ 32 % City MBE/SBE Goal =_16_% Consultant Committed Goal =_32_% 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 M&C Review Page 1 of 2 Official site of the City of Fort Worth, CITY COUNCIL AGENDA FoR_ WORTH COUNCIL ACTION: Approved on 12/2/2014 REFERENCE 60ROLLING HILLS WTP HSPS DATE: 12/2/2014 NO.: C-27097 LOG NAME: SWITCHGEAR REPLACEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with CP&Y, Inc., in the Amount of $426,460.00 for the Rolling Hills Water Treatment Plant High Service Pump Station Switchgear Replacement Project (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with CP&Y, Inc., in the amount of$426,460.00 for the Rolling Hills Water Treatment Plant High Service Pump Station Switchgear Replacement Project. DISCUSSION: The Rolling Hills Water Treatment Plant (RH WTP) High Service Pump Station (HSPS) No.1 Switchgear was constructed in three phases; the first one was installed in the early 1970's, and the next two phases were installed in the 1980's. From 1971 until 2001 the main 4160 volt electrical switch gear in HSPS No.1 was the main source for distribution of electricity for the RH WTP and the Central Laboratory Facility. Some of the facilities still connected to the main 4160v switch gear located in HSPS No.1 include the administration building, HSPS, chemical and lime buildings, both old and new chlorine buildings and reclaim station. This electrical switchgear has been in service for over 40 years and needs to be replaced. The Fort Worth Water Department believes that by replacing the existing switchgear with a state of the art and fully automated Electrical Switchgear and an effective site design of location and cabling, the facility and Staff can be provided with a more reliable, safer and more user-friendly electrical distribution for the plant, as well as provide customers with a reliable system to pump treated water into our Water Distribution System. Upon completion of this project, the new motors and switchgear should result in reduced operating and maintenance costs, improved safety, and improved reliability. The scope of work for the RH WTP HSPS Switchgear Replacement Project consists of the replacement of the existing switchgear, as well as related electrical, lighting and HVAC improvements to the administration building in order to improve the energy efficiency. The scope includes all design, development, and automation of a new High Service Electrical Switch Gear, design of and development of new cabling from utility to switch gear, cabling to the High Service Pump Motors, and testing and/or replacement of cabling to associated transformers fed from the switch gear throughout the facility. As part of this Agreement, the Engineer will be responsible for preparation of the plans and specifications, bidding assistance, and construction services. M/WBE Office - CP&Y, Inc., is in compliance with the City' s BDE Ordinance by committing to 32 percent SBE participation. The City's SBE goal on this project is 15 percent. This project serves the entire City and is located in COUNCIL DISTRICT 8, Mapsco 92S. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council packet/mc review.asp?ID=20342&councildate=12/2/2014 12/22/2014 M&C Review Page 2 of 2 The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P265 531200 601510231530 $326.460.00 P265 531200 609510231580 $100.000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Andy Cronberg (5020) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS Rolling Hills(HSPS)SwitchGearReplc2.pdf http://apps.cfwnet.org/council packet/mc review.asp?ID=20342&councildate=12/2/2014 12/22/2014