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HomeMy WebLinkAboutContract 47018 � � r" ��"..,� SEC v Y g CITY OF FORT WORTH, TEXAS ST ,� `6ARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Village Creek WRF Thickener Process Study. 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 $295,113.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 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 Revised Date:9/24/2014 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 3 of 16 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 matters at issue between the CITY and the construction contractor that City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 4 of 16 affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate. work space, in order to conduct audits in compliance with the provisions of this article City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 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 acceptable. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 6 of 16 i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 16 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. m. Sub consultants and subcontractors to/of the ENGINEER shall be City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9124/2014 Page 10 of 16 The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 11 of 16 or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the' PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 12 of 16 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; 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 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. 1. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B —Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 16 Executed and effective this the � '�°' day of 2015. BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc. Jesus J. Chapa David R. Ja`ckson, P.E. Assistant City Manager Pres idnt ssis a Vice Date: Date. APPROVAL RECOMMENDED: hn Robert Carman, Director, Water Department APPROVED AS TO FORM AND M&C No.: �� ° LEGALITY M&C Date: 2 Q Y: 4-1�I Assistant City Attorney lef OR ATTEST: M ry J. Kayser City Secretary CITY SECRETARY 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 VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 ATTACHMENT A SCOPE OF SERVICES FOR VILLAGE CREEK WRF THICKENER PROCESS STUDY CITY PROJECT NO.: 02647 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. Kick-off Workshop Task 3. Condition Assessment Task 4. Solids Projections Task 5. Alternatives Screening Task 6. Detailed Alternative Evaluation Task 7. Polymer Optimization Task 8. Final Report Task 9. Design and Construction Scope Development TASK 1. PROJECT MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ proactively address issues with the CITY's Project Manager (PM) and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct the consultant team activities. • Ensure quality control is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. 1.2. Communications and Reporting • Prepare invoices and submit monthly in the format requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 • 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 monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly MWWBE Report Form and Final Summary Payment Report Form at the end of the project. ASSUMPTIONS • 10 MWBE reports will be prepared. • 10 monthly water department progress reports will be prepared. • 10 monthly project schedule updates will be prepared. • The baseline project schedule and the schedule updates will be prepared in Microsoft Project. DELIVERABLES • Monthly invoices. • Monthly progress reports. • Baseline schedule. • Monthly schedule updates. • Monthly MWWBE Report Form and Final Summary Payment Report Form. TASK 2. KICK-OFF WORKSHOP. 2.1 Project Kick-off Workshop • Coordinate with CITY PM to plan and schedule the workshop at a CITY facility. • Develop draft agenda and summary presentation to facilitate Project Kick-off Workshop with CITY. • Submit draft agenda to CITY PM and revise based on comments. • Facilitate project kick-off workshop with CITY staff to confirm and clarify scope and schedule, understand CITY objectives and concerns, and provide a clear basis for the evaluation of thickening alternatives. • Establish a set of weighted non-monetary evaluation criteria to guide the development and screening of alternatives. • Develop a long list of alternatives to screen in Task 5. • Develop and distribute summary notes including the weighted non-monetary criteria, long list of alternatives, key decisions and action items. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 ASSUMPTIONS • CITY will provide one set of collated comments on draft agenda. • CITY will ensure that required CITY meeting attendees attend and participate. DELIVERABLES • Workshop agenda and summary notes. TASK 3. CONDITION ASSESSMENT 3.1 Dissolved Air Flotation Thickening (DAFT) Facility • ENGINEER will review and update the detailed condition assessment for the DAFT Facility from the Village Creek Wastewater Treatment Plant Facilities Assessment (CH2M HILL, 2007). • The updated condition assessment will focus on the structural and architectural components of the facility, noting deficiencies that would need corrected if the facility is repurposed. • The condition of the mechanical components (pumps, pipes, valves, polymer system, blowers, etc.) will be noted with emphasis on identifying salvageable items. • Recommendations and associated costs will be developed for decommissioning of the facility including salvaging of equipment, recommended demolition, and mothballing to allow future repurposing. 3.2 Former Centrifuge Facility • ENGINEER will perform a condition assessment of the former Centrifuge Facility. The condition assessment will focus on structural and architectural components, noting deficiencies that would need corrected if the facility is repurposed with new thickening equipment. • A condition assessment of the existing electrical infrastructure will be performed. Existing electrical feed(s)to the facility will be documented, condition of the motor control center(s) (MCCs) will be assessed, what loads are fed from the MCC will be documented, and overall assessment of the electrical room's compliance with current electrical code will be documented. 3.3 WAS Holding Tanks • ENGINEER will perform a condition assessment of the WAS Holding Tanks. The condition assessment will focus on the structural and mechanical (diffusers, blowers, piping, valves, etc.) components. • Document condition and pumping capacity of existing DI pumps that pump WAS from the WAS Holding Tanks to the DAFTs and Gravity Belt Thickeners (GBTs). City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 3.4 Odor Control • ENGINEER will evaluate the adequacy of the existing odor control system for the Gravity Thickeners and GBT Facility for primary sludge as well as waste activated sludge (WAS) and High-rate Clarifier(HRC) sludge. Work may include measurement of the ambient hydrogen sulfide in the Gravity Thickener, DAFT, and GBT facilities if additional data is required. The odor control evaluation will consider capture and treatment of odors, corrosion control, and safety concerns with regards to excessive release of hydrogen sulfide in the GBT facility. • ENGINEER will review the VCWRF Odor Master Plan (2003)for any planned improvements to the existing odor control system for the Gravity Thickeners and GBT Facility. 3.5 Technical Memorandum No. 1 • The Condition Assessment will be documented in Technical Memorandum No. 1 — Condition Assessment. ASSUMPTIONS • ENGINEER is not responsible for tracing electrical feeds from the MCC(s)to determine what equipment is being powered. The ENGINEER will attend one site visit with CITY staff to document known conditions. • Up to 2 site visits will be performed to collect hydrogen sulfide data, if needed. • CITY will provide shop drawings and pump curves of DI pumps. • A draft and final Technical Memorandum 1 will be provided. CITY will provide one set of collated comments on draft Technical Memorandum 1. DELIVERABLES • Technical Memorandum No. 1 — Condition Assessment TASK 4. SOLIDS PROJECTIONS. 4.1. Data Collection • ENGINEER will review the Village Creek Water Reclamation Facility(VCWRF) Biosolids Implementation and Long-Term Master Plan (CH2M HILL, 2015)to obtain the latest solids projections for primary sludge, filter backwash clarifier sludge, and WAS. • ENGINEER will review the VCWRF Gravity Belt Thickener Addition report (Hazen and Sawyer, 2012)to obtain the most recent estimates and projections of the generation rates of HRC sludge. ENGINEER will obtain recent plant data (July 2013 to present) and compare sludge generation rates to historical data evaluated as part of the Biosolids Implementation and Long-Term Master Plan. • ENGINEER will obtain the City's latest wastewater flow and population projections. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 4.2 Solids Projections • Solids projections will be developed through 2040 for primary sludge, filter backwash clarifier sludge, and WAS. • Solids projections will be estimated generally as ratios of previous population projections (from the Biosolids Master Plan)to current population projections times the previous solids projections. In addition, potential variance ranges will be allocated to the solids projections to account for recent changes in plant influent characteristics (from water plant sludge) and potential future chemical addition points at the VCWRF. • Solids projections will be developed for annual average day and maximum month average day conditions. • Historical generation rates of primary sludge, WAS, HRC sludge and filter backwash clarifier sludge will be consolidated, documented, and used to support solids projections. 4.3 Technical Memorandum No. 2 • The solids projections will be documented in Technical Memorandum No. 2 — Solids Projections. ASSUMPTIONS • CITY will provide the latest population and flow projections that are available. • CITY will provide recent historical data for primary sludge, WAS, HRC and filter backwash sludge quantities. • Process modeling to develop solids projections is an Additional Service. If process modeling is required, CITY will provide the most current version of its GPS-X model for the VCWRF. • ENGINEER will provide draft and final Technical Memorandum 2. CITY will provide one set of collated comments on draft Technical Memorandum 2. DELIVERABLES • Technical Memorandum No. 2—Solids Projections. TASK 5. ALTERNATIVES SCREENING. 5.1 Alternatives Screening • The long list of alternatives developed in the Kick-off meeting will be evaluated using the non-monetary criteria established in the Kick-off meeting and results of the Condition Assessment and Solids Projections tasks. • Relative, order-of-magnitude, life-cycle costs of the thickening alternatives will be developed and incorporated into this initial step of the screening process. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 • Power and polymer requirements will be based on experience at the VCWRF and at other facilities. • Potential future pre-digestion sludge conditioning options will be identified. Consideration will be given to how these future facilities would tie into the current thickening candidates. 5.2 Technical Memorandum No. 3 • Results of the alternatives screening will be documented in Technical Memorandum No. 3 —Alternatives Screening. 5.3 Technology Transfer Workshop • Coordinate with CITY PM to plan and schedule the workshop at a CITY facility. • Develop draft agenda and summary presentation to facilitate the Technology Transfer Workshop with CITY. • Submit draft agenda to CITY PM and revise based on comments. • Facilitate a Technology Transfer Workshop with CITY staff to review and discuss alternatives presented in Technical Memorandum No. 3. • ENGINEER will discuss the pros and cons of the thickening technologies and the alternatives as a whole. • CITY and ENGINEER will reduce the long list of alternatives presented in Technical Memorandum No. 3 to a short list of alternatives to be further evaluated in Task 6. ASSUMPTIONS • Up to 6 preliminary, long list alternatives will be evaluated and screened for fatal flaws. • An alternative is considered the combination of new thickening equipment, its location, the flexibility to transfer separate sludges between the new and existing thickening equipment, potential blending of sludges, sludge storage, and associated odor control improvements. • Potential future pre-digestion sludge conditioning technologies will be identified; however, they will not be evaluated as part of this Study. • ENGINEER will provide a draft Technical Memorandum 3 prior to the Technology Transfer workshop. CITY will provide one set of collated comments on draft Technical Memorandum 3. Final TM 3 will incorporate CITY written comments and comments obtained during Technology Transfer Workshop. • Polymer optimization results will not be included in the alternatives screening. • CITY will provide one set of collated comments on draft agenda. • CITY.will ensure that required CITY workshop attendees attend and participate. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 • Up to 3 alternatives will be shortlisted in the Technology Transfer Workshop for detailed evaluation in Task 6. DELIVERABLES • Technical Memorandum No. 3—Alternative Screening. • Workshop agenda, presentation, and summary notes. TASK 6. DETAILED ALTERNATIVE EVALUATION. 6.1 Technical Memorandum No. 4 • ENGINEER will evaluate shortlisted alternatives from Task 5 in more detail. • ENGINEER will compare and contrast the capital and life-cycle costs and non- monetary benefits of each alternative. • ENGINEER will develop conceptual layouts of each alternative. • ENGINEER will develop Technical Memorandum 4— Detailed Alternative Evaluation, to summarize the detailed evaluation of alternatives, results and recommendations. 6.2 ENGINEER will conduct a Detailed Alternative Evaluation Workshop and perform the following tasks: • Coordinate with CITY PM to plan and schedule the workshop at a CITY facility. • Develop draft agenda, summary presentation, and supporting materials to facilitate the workshop with CITY. • Submit draft agenda to CITY PM and revise based on comments. • Facilitate the Detailed Alternative Evaluation Workshop. • Present the results and recommendations of Technical Memorandum 4. • Develop and distribute summary notes to document the endorsed and selected alternative to proceed with detailed design, noting key decisions and action items. ASSUMPTIONS • Conceptual layouts will entail locating major equipment in existing or new structures. Detailed piping, electrical or P&IDs are not included. • ENGINEER will provide draft and final Technical Memorandum 4. Draft will be provided prior to the Detailed Alternative Evaluation Workshop. CITY will provide one set of collated comments on draft Technical Memorandum 4. Final TM 4 will incorporate CITY written comments and comments obtained during Detailed Alternative Evaluation Workshop. • CITY will provide one set of collated comments on draft workshop agenda. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 • CITY will ensure that required CITY workshop attendees attend and participate. DELIVERABLES • Technical Memorandum No. 4 — Detailed Alternative Evaluation. • Workshop agenda, presentation, and summary notes. TASK 7. POLYMER OPTIMIZATION. 7.1 ENGINEER will perform the following tasks associated with Polymer Automation: • Evaluate new automated polymer feed package systems for the recommended alternative in Task 6, and for retrofitting of the existing Gravity Thickeners and GBT Facility polymer systems. • Consider automated package systems utilizing a combination of flow meters and analytical instrumentation for measuring the total suspended solids (TSS) and in the thickened solids and/or the filtrate/centrate. • Conduct a phone survey of existing installations of automated polymer systems focusing on client satisfaction, types and manufacturers of flow meters and TSS instrumentation used, performance, polymer reduction, and manufacturer responsiveness. • Estimate equipment budget pricing and potential pay-back periods based on reduced polymer consumption. 7.2 ENGINEER will perform the following tasks associated with Polymer Standardization: • Review the results and recommendations from the polymer trials conducted during the Gravity Belt Thickener Addition project (Hazen and Sawyer, 2012). • Review the CITY's protocol for conducting bench scale polymer trials and provide recommendations for improvements, if any. • Provide limited field observation during bench scale polymer trials to monitor for compliance with testing protocol. Review vendor-supplied reports for compliance with reporting requirements, and for comparison of results. • Analyze bench scale polymer trial results and identify economical options based on the use of multiple polymers for thickening various sludge streams. • Analyze bench scale polymer trial results and identify economical options based on the use of a single polymer for thickening various sludge streams. • Provide recommendations on polymers to undergo full scale testing. • Provide limited field observation during full scale testing. • Interpret full scale test results provided by the City to verify whether the savings predicted by the bench scale polymer trials were realized. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 7.3 Technical Memorandum No. 5 • Develop Technical Memorandum No. 5— Polymer Optimization, to present the findings and recommendations of the polymer automation and standardization tasks. ASSUMPTIONS • Up to 3 automated polymer feed package systems will be evaluated. • CITY will provide results from polymer trials conducted as part of the Gravity Belt Thickener Addition project (Hazen and Sawyer, 2012). • The CITY will contact and have initial discussions with potential polymer vendors. The CITY will coordinate directly with the vendors for testing times for the bench scale polymer trials and acquisition of polymer for subsequent full scale testing. • Full scale testing of polymers will be performed by the CITY on the existing Gravity Thickeners and Gravity Belt Thickeners. • The ENGINEER will provide up to 24 hours of field effort to support the bench and full scale polymer testing. • The CITY will test both primary sludge and WAS on the Gravity Belt Thickeners. If a wet weather event occurs during the polymer trials HRC sludge will also be tested. • ENGINEER will provide a draft and final Technical Memorandum 5. CITY will provide one set of collated comments on draft Technical Memorandum 5. DELIVERABLES • Technical Memorandum No. 5 — Polymer Optimization. TASK 8. FINAL REPORT. 8.1 Develop Final Report • ENGINEER will assemble final versions of Technical Memorandums 1 through 5 in a single, bound report provided with a comprehensive Executive Summary, including recommendations to proceed with design. • ENGINEER will provide an electronic .pdf file of the Final VCWRF Thickener Process Study. ASSUMPTIONS • ENGINEER will provide draft and final "Final Report". CITY will provide one set of collated comments on the draft Executive Summary of the Final Report. Technical Memorandums 1 through 5 will have already been finalized and will not receive additional comments. • ENGINEER will deliver three sets of 3-ring bound, hard cover, reports to the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF THICKENER PROCESS STUDY CITY PROJECT NO.:02647 • The final report will be uploaded to Buzzsaw in .pdf format and provided on a compact disc in .pdf format. DELIVERABLES • Final Report TASK 9. DESIGN AND CONSTRUCTION SCOPE DEVELOPMENT. 9.1 Scope Development • ENGINEER will collaborate with the CITY to develop a design and construction phase services scope and fee to take the recommended alternative through 100- percent design, bid, and construction. ASSUMPTIONS • Up to three meetings with the CITY will be held to develop and negotiate the scope and fee. DELIVERABLES • Drafts and Executed Agreement for Professional Services. 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: • Additional analysis, design, reports, presentations, meetings, etc. not included in the Scope of Services described in the tasks above. • Process modeling for the development of solids projections. • Purchase of process modeling software license, such as GPS-X, or other proprietary software. • Evaluation of pre-digestion sludge conditioning technologies. • Completion of the polymer testing by ENGINEER. Coordination of polymer suppliers, or acquisition of polymer material for testing. • Materials testing or specialty testing services, other than described under Task 7 — POLYMER OPTIMIZATION. • Services related to development of the CITY's project financing and/or budget. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 10 ATTACHMENT B COMPENSATION Design Services for Village Creek WRF Thickener Process Study City Project No. 02647 Time and Materials with Rate Schedule 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 the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate $/hour Principal $253.30 Project Manager $221.68 En ineer VII $244.80 Engineer VI $221.68 Engineer V $190.06 Engineer IV $167.62 EIT $148.24 CAD Tech 111 $164.56 CAD Tech 11 $137.02 CAD Tech 1 $106.42 Corporate Project Support Admin 3 $159.46 Corporate Project Support Admin 2 $121.72 Corporate Project Support Admin 1 $102.34 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 (5%). City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. I1. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. Study $185,113.00 60.9% Proposed MBE/SBE Sub-Consultants JQ Infrastructure, LLC Condition Assessment $30,000.00 10.2% i Non-MBE/SBE Consultants CH2MHILL Engineers, Inc. Odor Control / Polymer/QC $65,000.00 22.0% CPY, Inc. Alternative Evaluation Support $15,000.00 5.1% TOTAL $295,113.00 j 100.0% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE VCWRF Thickener Process Stud $295,113.00 $30,000.00 10.2% City MBE/SBE Goal = 10% Consultant Committed Goal = 10% City of Fort Worth,Texas Attachment 8 PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 TR It _q It 00 LQ tD Ol NNfD St f0 YS O) d c; F- o Cli m N W p m 75-5 U N Q x LLj 0 0 0 'a E 2 ul 111TI 1 En w ... ... .... w w m m 0. S S---- ---N N w O O N O K N w w H N N N OW N iij I l j m O 0 z I.,.0 I.I.I.. 0 0 0 0 I IT 0 I I.0 0 0 .I. IT.10 w .. .... P A th i+1 Q 'R Z m w o .. . .. ..... TIT .. .. m w m. "i R i n Ili W U?M CR 7 N't cl! Iq q q li q Ui Iq It Iq u) 0 SL ww a 00 oa Ice, 0 0 u Z 0 E V- w D= �:W CL w ,.. =I � -F > w U N O O O a V CD -o E w L) mw Lu TI I—I W -R F)f VM W > c c -a I I . IN N Ri 't. N N N EN' c El 1,. CU V 2: E E 7E R o . .g . I ° cod z E 0 EE 6 z,� z R G° E 0 (n o ul I t E < E L�L o 0-6 .2: Gpm L) o m o u c E E E E 9 1 m� E o o o o o o og 12 M rL A U g < IL o-D- C� 6w -F N IR1,71`19 lc.z!l I I I i"I'll IR, NN z g ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Professional Services for Village Creek WRF Thickening Study City Project No. 02647 NONE City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of I 00..LL l' 0 Irk Z. l/7 j a l� I' _c ri a r c N � Z �! N V) u Q1 0 O `~ o J L u zJ �- C �l i ® `^ N rj E LO u a� +j U m \ \ \ \ N \ Q ...4f .._. M Ol d LO rA M o C (A in 0 V) c 41 0O p p p ® E E E E b M lO M r-1 u 06 a) Q E 'o u p ^ C Q a) a Mw w ai N u m 4! to C m c Q- 4: d C a) u Ou H m O tn w E t O c a w u E tin B Z a) a) a v W c t 0 m u r-i ru m d Ln D City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/25/2015 —Resolution No.4503-08-2015 DATE: Tuesday, August 25, 2015 REFERENCE NO.: **C-27433 LOG NAME: 60VCWRF THICKENER PROCESS —ENG STUDY SUBJECT: Authorize Engineering Agreement with Freese&Nichols,Inc., in the Amount of$295,113.00 for the Process Evaluation and Conceptual Design Study for Capital Improvements to the Thickener Processes at the Village Creels Water Reclamation Facility,Provide for Additional Project Costs for a Total of$315,113.00 and Adopt Reimbursement Resolution (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1.Authorize the execution of an Engineering Agreement with Freese&Nichols,Inc., in the amount of $295,113.00 for Process Evaluation and Conceptual Design Study of Capital Improvements to the Thickener Processes at the Village Creek Water Reclamation Facility; and 2. Adopt the attached resolution expressing its official Intent to Reimburse expenditures with proceeds of future debt for Process Evaluation and Conceptual Design Study of Capital Improvements to the Thickener Processes at the Village Creek Water Reclamation Facility. DISCUSSION: The City of Fort Worth owns and operates the Village Creek Water Reclamation Facility (VCWRF), a 166 million gallons per day(MGD)plant,comprised of primary, secondary and tertiary treatment,chlorine disinfection and de—chlorination. The VCWRF currently uses three thickening processes; Gravity Thickeners(GTs)to thicken the solids from the primary clarifiers,Dissolved Air Flotation Thickeners(DAFTs)to thicken the solids from the Aeration Basins/Final Clarifiers and Gravity Belt Thickeners (GBTs)to thicken the solids from the high rate clarifiers. The thickening equipment is old,requires a great deal of maintenance, is inefficient in producing required levels of treatment, uses a high amount of energy and is sensitive to changes in flow characteristics. Freese&Nichols,Inc. (FNI), has been selected as the consulting firm to evaluate and recommend the Thickener Processes Improvements to be used,determine the optimum configuration with the plant site and develop an overall engineering plan and scope of work for the final design project. FNI is proposing to perform the necessary process evaluation and preliminary conceptual design work for capital improvements for a fee not to exceed $295,113.00. The capital improvements project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water-and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note Program will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing,the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio(currently approximately one percent annually). Should the City's portfolio not support the liquidity needed to provide an interim Available Remaining Fund Appropriation Transfer Available Amount Appropriation Amount 2017 Water&Sewer Revenue Bonds $49,838,707.46$315,113.00 $49,523,594.46 Capital Project Fund FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P266 531200 701300264730 $295,113.00 P266 511010 701300264730 $20,000.00 CERTIFICATIONS: Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: John Carman (8246) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS 1. 02647—VC Thickener SBE Compliance for FNI.pdf 2.FAR-00002 CIP 402647 P266.12df 3. Freese Nichols SAM SEARCH.pdf 4. P266 485114 601159990100.docx 5. Reimbursement Resolution—Village Creek Thickener Equip.doc 6. VCWRF Thickeners.pdf