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HomeMy WebLinkAboutContract 47875 REQr1V ,EDCITY SECREi'AW 4g R JUN 14 xNf CONTRACT NO. C' nr 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 Gupta & Associates Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Village Creek Water Reclamation Facility Miscellaneous Switchgear Replacement Project. Article I Scope of Services r A. The Scope of Services is set forth in Attachment A. Article II a Compensation 0 A. The ENGINEER's compensation shall be in the amount of $517,782 as set r 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 OFFICIAL RECORD Revised Date:9/24/2014 Page 1 of 16 CITY SECRETARY FT.WORTH,TX (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 Agreeirent 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 3 of 16 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of F ::dor•~,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 6 of 16 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 10 of 16 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attomey, 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 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 16 Attachment E - Location Map Executed and effective this the day of , 20 BY: BY: CITY OF FORT WORTH ENGINEER Gupta & Associates, Inc. Jesus J Chapa Puneet Gupta, PE Assistant City Manager Vice President Date: � - /'D —C/& Date: oy/*' l z--bl APPROVAL RECOMMENDED: By: J n Robert Carman irector, Water APPROVED AS TO FORM AND M&C No.: C-27720 LEGALITY C5 M&C Date: 5/17/2016 B ' Do u as W. Black Z4� Ali 2#j6. 1y Assistant City Attorney ATT 0 0 O �►� °� a J. Kayser $ 8� City Secretary0000 °�°��C XAS OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Agreement for Engineering Related Design Services FT. WORTH TX Revised Date:9/24/2014 ! Page 16 of 16 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.: 02648 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 Background Task 1. Project Management/Administration Task 2. Design Phase Task 3. Advertisement & Bidding Task 4. Survey, Subsurface Utility Engineering Services and Geotechnical Services Future Scope of Work (Phase II) BACKGROUND. The Village Creek Water Reclamation Facility (VCWRF) is a 166MGD activated sludge wastewater treatment system comprised of primary, secondary, and tertiary treatment; chlorine disinfection; and dechlorination. Two-hour peak flow capacity is rated at 369MGD. The Plant was initially placed in service in the 1950s as a 5MGD facility. It was expanded over time including an expansion to 144MGD in 1988-1994 (25MGD Expansion Project). The Plant was uprated to 166MGD based on the 1997 Village Creek Wastewater treatment Plant Uprating Study, with initial construction contracts in 2002-2005. An 80MGD high rate clarification (HRC) system was added during 2003-2005 to treat high influent flow events over 255MGD (in accordance with current discharge permit). The VCWRF electrical distribution and controls system consists of: 1. Dual 12,470V feeds throughout the Plant 2. Pad mounted 15KV switches 3. Substations for each process or facility 4. Substations have single or dual transformers 5. Secondary voltages are 480V, 2,400V 6. Primary selector switches allow connection of substations to either 12.47kV feeder. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 7. Two 5MW turbine generators. Much of the existing switchgear was installed in the 1970s and 1980s. All of the switchgear and many of the motor control centers are installed outdoors. This equipment has been subjected to hydrogen sulfide (1­12S) corrosion and exposed to weather related deterioration. Other equipment installed inside buildings do not have temperature control and are also subjected to corrosion deterioration. In addition, other issues include: 1. Much of the older switchgear is obsolete and spare parts are no longer available and therefore are difficult to repair or maintain. 2. Active switchgear with little or no loads connected. 3. Oil-filled switchgear that are considered a safety issue. A power system study was recently conducted at the VCWRF. This study identified several issues that are to be addressed by this project. TASK 1. PROJECT MANAGEMENT/ADMINISTRATION 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 and others as necessary to make progress on the work. 1. Managing the Team a. Lead, manage and direct design team activities b. Ensure quality control is practiced in performance of the work c. Communicate internally among team members d. Task and allocate team resources 2. Communications and Reporting a. 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 b. Conduct review meetings with the CITY at the end of each design phase c. Prepare invoices and submit monthly in the format requested by the CITY. d. Prepare and submit baseline Project Schedule. e. Complete M/WBE Report Form and Final Summary Payment Report Form at the end of the project f. 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 1. MWBE reports will be prepared City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 14 • ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 2. Four meetings with city staff a. Pre-design/Project Kickoff Meeting b. 50% Design Review Meeting c. 90% Design Review Meeting d. 100% Design Review Meeting Deliverables 1. Meeting summaries with action items 2. Monthly invoices 3. Monthly progress reports 4. Baseline design schedule 5. MNVBE Report Form and Final Summary Payment Report Form TASK 2. DESIGN PHASE In developing the scope of work and associated task budgets discussed in this proposal, GAI has made the following assumptions: 1. The scope of work is not limited to only one type of equipment or to only one process area. 2. Some Plant areas are scheduled for specific process upgrades. Any electrical remedial work done in these areas must have a useful life expectancy of three years or more in order to qualify for capital funding. 3. Multiple construction packages will be required in order to manage the construction funding over a multi-year period. The following design effort is identified as the basis for the scope of work to be performed for design package 1: 1. Sludge Pump Station 4 Area a. Replace the following equipment: i. Selector Switch SS61 ii. Selector Switch SS60 iii. Transformer PA61 iv. Transformer PA60 v. Eddy Current Drives b. Replace the associated wire and conduit to the equipment. i. Reuse the existing wire and conduit to the Eddy Current Drives. c. Provide an elevated platform for the both selector switches and transformers. d. Provide PQM on each of the incoming main sections of the existing MCC. 2. Sludge Pump Station 3 Area a. Replace the following equipment: i. Selector Switch SS1 ii. Selector Switch SS2 iii. Transformer PA1 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 iv. Transformer PA2 v. Motor Control Center PS3 vi. Eddy Current Drives — Replace the enclosure and reuse the existing drives b. Replace the associated wire and conduit to the equipment. c. Provide an elevated platform for the both selector switches and transformers. 3. Sludge Pump Station 1 Area a. Replace the following equipment: i. Motor Control Center PS1 b. Replace the associated wire and conduit to the equipment. c. MCC shall be replaced with a 480V panelboard. 4. Bar Screen 1 & 2 Area a. Replace the following equipment: i. Motor Control Center SC ii. Motor Control Center BS2 b. Replace the associated wire and conduit to the equipment. c. Both MCCs shall be replaced with a 480V panelboard. 5. Odor Control B Area a. Replace the following equipment: i. Selector Switch SS50 ii. Transformer PA50 b. Replace the associated wire and conduit to the equipment. c. Provide PQM on each of the incoming main sections of the existing MCC. 6. Bar Screen 3 Area a. Replace the following equipment: i. Motor Control Center(MCC) BS3 b. Replace the associated wire and conduit to the equipment. c. MCC shall be replaced with a 480V panelboard. 7. Primary Effluent 2 Area a. Replace the following equipment: i. Selector Switch SS5/6 ii. Selector Switch SS59 iii. Transformer PA5/6 iv. Transformer PA59 V. Motor Control Center PE2A vi. Motor Control Center PE2C vii. Motor Control Center PE2D b. Replace the associated wire and conduit to the equipment. c. Provide a canopy for the electrical equipment identified above. 8. Blower Area a. Replace the following equipment: i. Selector Switch SS51 ii. Selector Switch SS52 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 i iii. Selector Switch SS55 iv. Transformer PA51 V. Transformer PA52 vi. Transformer PA53 vii. Transformer PA54 viii. Transformer PA55 ix. Circuit Breaker CB51 X. Circuit Breaker CB52 b. Replace the associated wire and conduit to the equipment. Assumptions Existing ancillary electrical equipment shall remain and not replaced under this project. The City of Fort Worth will provide the following documentation: • Existing Drawings • SKM Model • O&M Manuals • 1/0 Termination Drawings • Process Equipment Information 30% Design 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. 1. Development of 30% Design Drawings shall include the following: a. Draft plans (30%) shall be submitted to CITY per the approved Project Schedule. Assumptions 1. Five sets of 11 x 17 size plans will be delivered for the Preliminary Design (30% design). Deliverables 1. 30% design drawings 50% Design Upon approval of the 30% plans, ENGINEER will prepare 50% plans and specifications as follows: 1. Development of 50% Design Drawings and Specifications shall include the following: a. Draft Final plans (50%) and specifications shall be submitted to CITY per the approved Project Schedule. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CRY PROJECT NO.:02648 2. The ENGINEER shall submit an estimate of probable construction cost with the 50% design package. Assumptions: 1. Five sets of 11 x 17 size plans will be delivered for the Preliminary Design (50% design). 2. Five sets of specifications will be delivered for the Preliminary Design (50% design). Deliverables: 1. 50% design drawings and specifications 2. Estimates of probable construction cost 90% Design Upon approval of the 50% plans, ENGINEER will prepare construction plans as follows: 1. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. 2. The ENGINEER shall submit an estimate of probable construction cost with the 90% design package. Assumptions 1. Five sets of 11 x 17 size plans will be delivered for the Preliminary Design (90% design). 2. Five sets of specifications will be delivered for the Preliminary Design (90% design). 3. The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. Deliverables 1. 90% Design drawings and specifications 2. Estimates of probable construction cost 100% Signed and Sealed - Bid Set Upon approval of the 90% plans, ENGINEER will prepare construction plans as follows: 1. 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. 2. The ENGINEER shall submit a final design estimate of probable construction cost with the final design packages. Assumptions City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 1. Five sets of 11 x 17 size drawings and 5 specifications will be delivered for the Final Design package. 2. A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. 3. Five sets of 11 x 17 size drawings and 5 specifications will be delivered for the Final Design package. 4. A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. Deliverables 1. Final construction plans and specifications. 2. Detailed estimates of probable construction costs. 3. Original cover mylar for the signatures of authorized CITY officials. TASK 3. ADVERTISEMENT & BIDDING ENGINEER will support the bid phase of the project as follows. 1. Bid Support a. The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. b. Bid form documents shall be uploaded in an Microsoft Excel .xls file. c. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. d. Plan Sets are to be uploaded to Buzzsaw in pdf format. The .pdf will consist of one file of the entire plan set and one file for the entire specifications. e. 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. f. 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. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 14 ATTACHMENTA DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 g. Attend the prebid conference in support of the CITY. h. Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. i. 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. j. Attend the bid opening in support of the CITY. k. Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. I. Incorporate all addenda into the contract documents and issue conformed sets. 2. Final Design Drawings a. Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWG format. b. Both PDF and DWG files shall be uploaded to the project's Final Drawing folder in Buzzsaw. Assumptions 1. The project will be bid only once and awarded to one contractor. 2. Sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. 3. PDF and DWG files will be uploaded to Buzzsaw. Deliverables 1. Addenda 2. Bid tabulations 3. CFW Data Spreadsheet 4. Recommendation of award 5. Construction documents (conformed) a. Five sets of 11 x 17 size plans will be delivered for the Conformed Construction Documents b. Five sets of specifications will be delivered for the Conformed Construction Documents. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 TASK 4. SPECIAL SERVICES: SURVEY, SUBSURFACE UTILITY ENGINEERING SERVICES AND GEOTECHNICAL SERVICES ENGINEER will provide the following services upon request or as required by the design, site conditions and availability of existing documentation. Special services shall be performed on a time and material basis and only upon approval by the OWNER. 9.1. Design Survey 9.2. Geotechnical Investigation 9.3. Subsurface Utility Engineering Assumptions • Scope of services shall be determined upon request or as required by the design. 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. • Inspection services • Design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, B, C or D City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 • 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. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Construction phase services are not included. Future Scope of Work (Phase II) The following scope of work is identified for future phases as either an amendment to the original contract or new contract and is not included in the existing scope of services described above: 1. Digester 1-6 Area a. Preform a study to determine the best alternative to replace the electrical equipment. b. Replace the following equipment: i. Selector Switch SS8 ii. Selector Switch SS9 iii. Selector Switch SS7 iv. Selector Switch SS65 v. Transformer PA7 vi. Transformer PA8 vii. Transformer PA9 viii. Transformer PA65 ix. Motor Control Center G x. Motor Control Center GA xi. Motor Control Center DC xii. Variable Frequency Drives c. Replace the associated wire and conduit to the equipment. d. A new building may be required —will be determined in the study phase 2. Return Sludge 8 Area a. Replace the following equipment: i. Selector Switch SS58 ii. Motor Control Center RS8 iii. Variable Frequency Drives b. Replace the associated wire and conduit to the equipment. c. Provide a new prefab electrical enclosure for MCC & VFDs. 3. Return Sludge 7 Area a. Replace the following equipment: i. Motor Control Center RS7 ii. Eddy Current Drives b. Replace the associated wire and conduit to the equipment. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 c. Provide a prefab new electrical enclosure for MCC & Drives. 4. Return Sludge 2 Area a. Replace the following equipment: i. Motor Control Center RS2 ii. Eddy Current Drives b. Replace the associated wire and conduit to the equipment. c. Provide a new prefab electrical enclosure for MCC & Drives. 5. Return Sludge 3 Area a. Replace the following equipment: i. Transformer PA56 ii. Motor Control Center RS3 iii. Variable Frequency Drives b. Replace the associated wire and conduit to the equipment. c. Provide a new prefab electrical enclosure for MCC & VFDs. 6. Return Sludge 1 Area a. Replace the following equipment: i. Motor Control Center RS1 ii. Eddy Current Drives b. Replace the associated wire and conduit to the equipment. c. Provide a new prefab electrical enclosure for MCC & Drives. 7. Return Sludge 5 Area a. Replace the following equipment: i. Selector Switch SS29 ii. Transformer PA29 iii. Motor Control Center RS5 iv. Variable Frequency Drives b. Replace the associated wire and conduit to the equipment. c. Provide a new prefab electrical enclosure for MCC & VFDs. 8. Old Compressor Area a. Replace the following equipment: i. Motor Control Center GC ii. Low voltage panelboard and transformer b. Reuse the associated wire and conduit to the equipment. c. MCC shall be replaced with a 480V panelboard. 9. Digester 7-10 Area a. Replace the following equipment: i. Selector Switch SS34 ii. Selector Switch SS35 iii. Transformer PA34 iv. Transformer PA35 v. Motor Control Center DC2 vi. Low voltage panelboard and transformer vii. Variable Frequency Drives b. Replace the associated wire and conduit to the equipment. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 10. Digester 11-14 Area a. Replace the following equipment: i. Selector Switch SS43/44 ii. Transformer PA43 iii. Transformer PA44 iv. Motor Control Center DC3A v. Motor Control Center DC3B b. Replace the associated wire and conduit to the equipment. 11. Boiler Building Area a. Replace the following equipment: i. Selector Switch SS66 ii. Motor Control Center DH1 iii. Variable Frequency Drives b. Replace the associated wire and conduit to the equipment. 12. Gas Compressor Building Area a. Replace the following equipment: i. Selector Switch SS67 ii. Selector Switch SS68 iii. Transformer PA67 iv. Transformer PA68 v. Motor Control Center GCU b. Replace the associated wire and conduit to the equipment. 13. Finished Effluent 3 Area a. Replace the following equipment: i. Selector Switch SS48 ii. Transformer PA46 iii. Transformer PA47 iv. Motor Control Center FE2 v. Motor Control Center FE3 vi. Motor Control Center FEL2 b. Replace the associated wire and conduit to the equipment. c. A new building or prefab electrical enclosure may be required. 14. Finished Effluent 1 Area a. Replace the following equipment: i. Selector Switch SS17/18 ii. Transformer PA17 iii. Transformer PA18 iv. Motor Control Center FE v. Motor Control Center FEL vi. Motor Control Center FEL (480v) b. Replace the associated wire and conduit to the equipment. c. A new building or prefab electrical enclosure may be required. 15. Service Water 2 Area a. Replace the following equipment: City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 12 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 i. Transformer PA38 ii. Motor Control Center SWP b. Replace the associated wire and conduit to the equipment. c. MCC shall be replaced with a 480V panelboard. 16. Storm Drain PS SD2 Area a. Replace the following equipment: i. Transformer PA31 ii. Motor Control Center SP iii. Motor Control Center CHL b. Replace the associated wire and conduit to the equipment. c. Provide a new prefab electrical enclosure for MCC. d. Selector Switch SS31 will be demolished and replaced as part of CL2 area. 17. Sulphur Dioxide SO2 Area a. Replace the following equipment: i. Transformer PA57 ii. Motor Control Center DCL b. Replace the associated wire and conduit to the equipment. c. Selector Switch SS57 will be demolished and replaced as part of CL2 area. d. Transformer PA57 will be replaced with two transformers. 18. Chlorine CL2 Area a. Replace the following equipment: i. Selector Switch SS45 ii. Transformer PA45 iii. Motor Control Center FA2 iv. Motor Control Center CHL b. Replace the associated wire and conduit to the equipment. c. Provide a new prefab electrical enclosure for MCC. d. Selector Switch SS45 will be replaced with two 6 way vistas. e. Transformer PA45 will be replaced with two transformers. 19. MCC BW Area a. Replace the following equipment: i. Motor Control Center BW b. Replace the associated wire and conduit to the equipment. 20. Grease Handling Building Area a. Replace the following equipment: i. Transformer PA37 ii. Motor Control Center GB b. Replace the associated wire and conduit to the equipment. 21. Chiller Building Area a. Replace the following equipment: i. Selector Switch SS 13/14 ii. Selector Switch 15 iii. Transformer PA15 iv. Motor Control Center CH 1 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 13 of 14 ATTACHMENT A DESIGN SERVICES FOR VCWRF MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT CITY PROJECT NO.:02648 v. Motor Control Center CH2 vi. Automatic Transfer Switch b. Replace the associated wire and conduit to the selector switch, transformer and ATS equipment. c. Reuse the existing wire and conduit to the MCCs. 22. Sludge Pump Station 2 Area a. Replace the following equipment: i. Motor Control Center PS2 b. Replace the associated wire and conduit to the equipment. c. MCC shall be replaced with a 480V panelboard. 23. Primary Effluent 1 Area a. Replace the following equipment: i. Selector Switch SS11 ii. Selector Switch SS 12 iii. Transformer PA11 iv. Transformer PA12 V. Motor Control Center PE1A vi. Motor Control Center PE1 B b. Replace the associated wire and conduit to the equipment. c. Provide a canopy for the electrical equipment identified above. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 14 of 14 ATTACHMENT B COMPENSATION Design Services for Village Creek Water Reclamation Facility Miscellaneous Switchgear Replacement Project City Project No. 02648 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $517,782 as summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION e IV. Summary of Total Project Fees Firm Primary Responsibility T Fee Amount % Prime Consultant Gupta &Associates Inc Project Management& $354,388 68.44% Electrical Design _ Proposed MBE/SBE Sub-Consultants JQ Infrastructure Structural, Civil, Survey & $20,400 3.94% Geotechnical Design Mbroh Engineering Electrical Design $142,994 27.62% Non-MBE/SBE Consultants TOTAL $517,782 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE $517,782 $163,394 31.56% City MBE/SBE Goal = 12% Consultant Committed Goal = 31.56% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 Gupta&Associates Inc. 13717 Neutron Road Invoice No: *Draft Dallas,TX 75244 972-490-7661 Invoice Date: September 3,2015 GAI Project No. 665 City of Fort Worth Water Department 1000 Throckmorton St. Fort Worth, TX 76102 Attn: Farida Goderya, PhD.,P.E. RE:Village Creek WRF Miscellaneous Switchgear Replacement Project No.02648 For Services Rendered through June 1,2016 Total Percent Total Prior Current Description Fee Complete Billed Billed Billed Task I-Project Management/Administration 6,501.00 0.% 0.00 0.00 0.00 Task II-Design Phase 494,156.00 0.% 0.00 0.00 0.00 Task III-Advertisement&Bidding Phase 17,125.00 0.% 0.00 0.00 0.00 Task IV-Special Services* 0.00 0.% 0.00 0.00 0.00 Total 517,782.00 0•% 0.00 0.00 0.00 *City approval required. Total Due This Invoice $0.00 V.K.Gupta, P.E. Please Remit Payment To: Gupta and Associates,Inc.at our NEW ADDRESS listed above. Thank You! j==:!§ 7!/ )5fE§E§5°NIld c4 • § ! E;!!!!°^E^».°�� @rl;�&�!�` ` ;,;,,.:„�� ( - | ` s°E°a§§■2!■5-2;2§§°°!!§§°!!E!E!E§®B;®■;®■2§■■°° a -O.0 ®°®°;5a!■a,2:a�a2§,°|;;2°.-=k;-=^�2n;-Rlzn,;,°° m | « ;■;a=■m;;■��§;i»,;---It- � � , _ ■ ! ` � ■ k� 2 ! � B k}! ° § ~ ■|_ ° ` ° |� v ` �| � ^ ��� ■ ( - �j| -■ ' B , C �! , , cl ■)!) IV § 1 2 �11 ® § | �§■! � ! | ! |�2� � ! ! |! !� « + or, < ■ m!■.a■< ®■ !} 7,k ■:tR!2#a! 2:�:;� l,i. . ,=■ . a: ƒ( # 2 `u!`!!!!! ,,.! , > |ll,=�!! ?: - - ƒo!!7//!§!)!/!e \ a§, _ , s v DOE PROJECT X BID NUMBER FORT WORTH028.8 (Please check one) MinorityMomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTORISUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance,SBE firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards subcontracting partidpation. A Small Business Enterprise(SBE)is defined as a business concern located In the marketplace that meets the Unites States Small Business Administration definition of a small business as outlined in the code of Federal Regulation 13 CFR 121.Firms certified as a Disadvantaged Business Enterprise (DBE)also meet small business enterprise requirements.] 1. Name of Project City of Fort Worth Village Creek WRF Miscellaneous Switchgear Replacement 2. Name of Offeror/Prime contractor Gupta and Associates, Inc. 3. The undersigned is prepared to perform the following described work and/or supply the material fisted In connection with the above pro]ed(where applicable specify•supply'or Install"or both): EWchlcel ConsuftV Engineering services for the Design as well as the Advertlsing and Bidding Oise" of the above contract at the price of$ 142,994.00 Mbroh Engineering, Inc. —3 — Parne of SSE Firm) (Date) Circle one dzed Agent of SBE firm)Type or Print Name (Signa urs o Own Au razed Agent of SBE firm) amh�rn b�he corn � -36�/-�D�D (Email Address to appear on Listings provided by the MWBE office) (Office and Fox Numbers) AFFIDAVIT OF OfferodPrime CONTRACTOR I HEREBY DECLARE AND AFFIRM that I, George Luke am the duty authorized representative of Circle one(OwnsdAuthodrsd Agenq Gupta and Associates, Inc. p and that I have personalty reviewed the material and Nanta of Prime Contrscbr facts set forth in this Letter of Intent to Perform. To the best of my knowledge,Information and belief,the fads in this form are true,and no material fads have been omitted. Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance,any person[entity]who makes a false or fraudulent statement in connection with participation of a SBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth Business Diversity Enterprise Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Prime Contractor are true and correct,and that I am authorized on behalf of the Prime Contractor to make the affidavit. George Luke Gupta and Associates, Inc. Clrcle err/�ut _ A e Type or Print Name (Name of Prime nt or Type) a 3 17' Z JA4e&Y "tie ( g tura of er r Authorized Agent) (Dob) 7-yI-1(ty' f l (Fox kvffftd 611/2012 DOE PROJECT X BID NUMBER FORT WORTH 0254a (Please check one) MinorityMomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SBE SUBCONTRACTOR/SUBCONSULTANT (NOTE: Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance,SBE firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards subcontracting participation. A Small Business Enterprise(SBE)Is defined as a business concern located In the marketplace that meets the Unites States Small Business Administration definition of a small business as outlined In the code of Federal Regulation 13 CFR 121.Firms certified as a Disadvantaged Business Enterprise(DBE)also meet small business enterprise requirements.) 1. Name of Project City of Fort Worth Village Creek WRF Miscellaneous Switchgear Replacement 2. Name of Offeror/prime contractor Gupta and Associates, Inc. 3. The undersigned is prepared to perform the following described work andfor supply the material listed in connection with the above project(where applicable specify'supply"or'xlstaA'or both)- Structural and Civli ConsuNinp Engineering services for the Design.Advertising and Bidding.as well as the construction Phases of the above contract at the price of$ 20,400.00 JQ Infrastructure o( L 1 I U {Name of SBE Firm) 4(Da 11S STOCircle one a thorized Agent of 58E firm)Type or Print Name re of Own Auth Agent of 58E firm) cs-r .Y, )Zraew.c..�Z A-413.S91A All- 'i0-8171 (Emall Address to a pear on Listings provided by the MWBE Office) (Office and Fa:Numbers) AFFIDAVIT OF Offeror/Prime CONTRACTOR I HEREBY DECLARE AND AFFIRM that I, George Luke an the duly authorized representative of Circle one(OwnerfAuthorIzed Agent) Gupta and Associates, Inc. and that I have personally reviewed the material and Name of Prime Contractor facts set forth in this latter of Intent to Perform To the best of my knowledge,Wonna�Jon and belief,the facts in this form are true,and no material facts have been omitted. Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance.any person(entity)who makes a false or fraudulent statement in connection with participation of a SBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth Business Diversity Enterprise Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Prime Contractor are true and correct,and that I am authorized on behalf of the Prime Contractor to make the affidavit. Geor a Luke Gupta and Associates, Inc. circ Own Agent)T or Print Name (Name of Prime Contractor-Print or Type) 7 0 7,V u t-n.Y r(c nature or A orized Agent) (Oats) Pfte N001344 Fax Number) 6/1/2012 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Village Creek Water Reclamation Facility Miscellaneous Switchgear Replacement Project City Project No. 02648 No Changes City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of 1 ' Attachment D Project Schedule Project Schedule City of Fort Worth Project 02648 VILLAGE CREEK WATER RECLAMATION FACILITY MISCELLANEOUS SWITCHGEAR REPLACEMENT PROJECT Phase Start End Design Phase 6/1/2016* 6/5/2017 *Notice to Proceed Bid Phase 6/5/2017 9/15/2017 Construction Phase 9/15/2017 12/15/2017 (Estimated) GAI I Gupta & Asst)ciatcs, Inc. c-.....r„ wr;pr rrwrr r N 'A s ;Village Creek Water Reclamation Facility (VCWRF) N i� y N' r t�p 4 Irl fn Al awl ♦.' a ac: *L� r - c Primary Area aIsm ': Fee r I Switchgear Improvement Locations + PIL 01 ' �. - `Sr. Fee tm El Switchgear Improvement Location 0 300 600 FORT WORTH COPYRIGHT NI5 CRY O FORT WORTH Village Creek Water Reclamation Facility (VCWRF) UNAUTHORRED REPRODUCTION I54 VIOLATION OF APPLICABLE IANF PHIS DATA SA TO BE USED FORA GRAPHICAL REPRESENTATION ONLY ,E ACCURACY IS NOT TO BETAKEN I U SED AS DATA PRODUCED FOR Switchgear Improvements -Ph.1 Primary Area N MGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND URVEYOR THE FOR THE ACCURACY CITY OF FCCY OF SAIDDATAORESPON9IBILR WA= City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/17/2016 — Ordinance No. 22212-05-2016 & Resolution No. 4629-05-2016 DATE: Tuesday, May 17, 2016 REFERENCE NO.: **C-27720 LOG NAME: 60VCWRF SWITCHGEAR IMPROVEMENTS — PHI PRIMARY AREA SUBJECT: Authorize Execution of an Engineering Agreement with Gupta and Associates, Inc., in the Amount of $517,782.00 for Design of the Replacement, Removal and/or Modification of the Primary Area Switchgear at the Village Creek Water Reclamation Facility, Adopt Reimbursement Resolution and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Engineering Agreement with Gupta and Associates, Inc., in the amount of $517,782.00, for design of the replacement, removal and/or modification of the primary area switchgear at the Village Creek Water Reclamation Facility; and 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future debt for the Replacement, Removal and/or Modification of Primary Area Switchgear at Village Creek Water Reclamation Facility Project and adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Water& Sewer Bond 2015A Fund in the amount of$5,000.00. DISCUSSION: The City of Fort Worth owns and operates the Village Creek Water Reclamation Facility (VCWRF). The VCWRF was started in the 1950's as a five million gallons per day (MGD) plant, currently permitted for an annual average flow rate of 166 MGD and a two hour peak flow of 369 MGD. The VCWRF has a complex electrical system with a medium voltage dual feed system, with sub—stations for each process or facility including single or dual transformers and two 5 MW turbine generators. Most of the electrical equipment has been in service for over 40 years and has reached the end of its useful life. Much of it is obsolete, difficult to maintain or obtain spare parts for and showing signs of corrosion. In addition some of electrical equipment is undersized for the current plant load and may not be safe to operate or maintain. On September 24, 2013 (Mayor and Council Communication (M&C) C-26477), the City Council awarded the execution of an Engineering Agreement with National Field Services to conduct a power study, which included an electrical equipment evaluation, short circuit study, protective device coordination study, arc flash analysis, field labeling of arc flash hazards and SKM Model development and training. That study identified several electrical areas needing attention, including the need to replace some equipment. Because of the size of the project and financial limitations, these improvements will be designed and implemented in a number of phases organized in terms of critical needs and process areas. Phase 1 has been identified to be the primary area switchgear electrical system, which is also the oldest and in most need of improvements. It is anticipated that this project will not increase the operating budget for the VCWRF and this Engineering Agreement will determine if there will be any long—term future operating budget impact. Gupta and Associates, Inc. (Gupta and Associates) has been selected as the consulting firm to develop the design plans as well as prepare the construction documents for the various electrical equipment improvements at the VCWRF. Gupta and Associates is proposing to do the necessary design and prepare the construction contract documents for the primary area switchgear equipment for the above identified fee. City staff considers this fee to be fair and reasonable for the scope of services proposed. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note(DPN)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 short—term financing source, another funding source will be required,which could mean issuance of securities under the DPN program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold,bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's Fiscal Year 2016—2020 Five—Year Capital Improvement Plan on February 2, 2016 (M&C G-18662). This City Council—adopted plan includes this specific project, with funding identified through the DPN program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements,Staff anticipates presenting revenue—supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax—exempt debt and the funding source will have to be made whole through other financing methods. Adoption of this resolution does not obligate the City to sell bonds,but preserves the ability to reimburse the City from tax—exempt bond proceeds. Funding for the Replacement, Removal and/or Modification of Primary Area Switchgear at VCWRF Project is depicted in the following table: Existing Additional Future Description Appropriations Appropriations A ro riations Project Total* Engineering $517,782.00 $ 0.00 $ 300,000.00 $ 817,782.00 Construction $ 0.00 $ 0.00 $7,000,000.00 $7,000,000.00 Project Planning, Project Management, Inspection,Testing and Contingencies $ 95,018.00 $5,000.00 $ 200,000.00 $ 300,018.00 Project Total $612,800.00 $5,000.00 $7,500,000.00 $8,117,800.00 *Numbers rounded for presentation purposes. Funding for the Replacement,Removal and/or Modification of Primary Area Switchgear at VCWRF Project is depicted in the following table by fund: Fund Appropriations* Water/Sewer DPN FUND 56005 $ 612,800.00 Water&Sewer Bond 2015A 56007 $ 5,000.00 Future Revenue Bond $7,500,000.00 Project Total $8,117,800.00 * Numbers rounded for presentation. Engineering services are anticipated to commence in May 2016. With a contract time of 12 months, it is estimated to be completed by April 2017. The construction is anticipated to start in August 2017, with an estimated construction time of 12 months. M/WBE OFFICE— Gupta and Associates is in compliance with the City's BDE Ordinance by committing to 32 percent SBE participation on this project. The City' s goal on this project is 12 percent. Additionally, Gupta and Associates is a certified M/WBE firm. In addition to the contract amount, $64,218.00 is required for project contingency allowance and $30,000.00 is required for project management and associated Staff time for the Water Department. An additional $5,000.00 is required to clear negative balances for Staff salaries. This project serves the entire city and is located in COUNCIL DISTRICT 5, Mapsco 90J. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funding in the Water and Sewer DPN is already appropriated and available in the project as directed by the Fiscal Year 2016 Water & Wastewater Capital Improvement Plan and that, upon approval of the attached appropriation ordinance, funds are available as directed by M&C G-18375 in the Water & Sewer Bond 2015A Fund for the transfer from unspecified funding to the Replacement, Removal and/or Modification of Primary Area Switchgear at VCWRF Project as depicted in the table below: Existing Additional Future Project FUND Appropriations A ro riations A ro riations Total* Water/Sewer DPN FUND 56005 $612,800.00 $ 0.00 $ 0.00 $ 612,800.00 Water& Sewer Bond 2015A 56007 S 0.00 55,000.00 $ 0.00 $ 5,000.00 Future Revenue Bond S 0.00 $ 0.00 $7,500,000.00 $7,500,000.00 Project Total $612,800.00 $5,000.00 $7,500,000.00 8,117,800.00 * Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference# Amount ID ID Year (Chartfield 2) 2)56007 0700430 4905430 CO2648 C03030 2016 55,000.00 2)56007 0700430 5110101 CO2648 C03030 2016 55,000.00 2)56005 0700430 5330500 CO2648 C03030 2016 $517,782.00 2)56005 0700430 5110101 CO2648 C03030 2016 $95,018.00 FROM Fund Department Account Project ProgramActivity Budget Reference# Amount ID ID Year (Chartfield 2) 1)56005 0700430 5330500 CO2648 C03030 2016 $517,782.00 a CERTIFICATIONS: Submitted for City Manager's Office bv: Jay Chapa (5804) Originating Department Head: r John Carman (8246) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS 1. 60VCWRF SWITCHGEAR IMPROV REIMB RESOLUTION.doc (Public) 2. 60VCWRF SWITCHGEAR IMPROVEMENTS —PH 1 PRIMARY AREA Changes.docx (CFW Internal) 3. 60VCWRF SWITCHGEAR IMPROVEMENTS PHI PRIMARY AREA AO.docx (Public) 4. Form 1295 for GAI on Project CO2648—VC Switchgear Rehab.pdf (Public) 5. SAM searchResults for Gupta n Associates.pdf (CFW Internal) 6. SBE Compliance Memo R1—VC Switchgear—GALpdf (CFW[ntemal) 7. VCWRF Switchgear.pdf (Public)