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HomeMy WebLinkAboutContract 49022 r crnr=RETIA ' CITY OF FORT WORTH TEXAS CONTRACT N0. 0� STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Garver, LLC, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Village Creek Wastewater Reclamation Facility Site Evaluation Study. Article I Scope of Services Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Village Creek Wastewater Reclamation Facility Site Evaluation Study. (1) . (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $207,408.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such serviCe 3 4City of Fort Worm,Texas t: OfpICIAL RECORD Standard Agreement for Professional Services IRevision Date:9/24/2014 �J t CITY SECRE-�ARY Page 1 of 8WOR VTR WORTHO TX`�tlgggSSS.. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of twelve months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant 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 Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's.insurance policies. b. Certificates of insurance shall be delivered to the Water Department, Attention: Dena Johnson, P, E., 200 Texas Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth.Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise 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. Consultant acknowledges the MBE and SBE goals established for this Agreement 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 Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant 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. Form 1295 Certification No. 2017-151328 Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of B and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Water Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Garver, LLC Attn: Tina Hanson, P. E. 500 W. 7th Street, #1729 Fort Worth, TX 76102 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. 7 Executed and effective this the zpl-2Iay o69l 2017 BY: BY: CITY OF FORT WORTH ENGINEER Ganser, LLC Jesus J. Chapa fce Kres,ide o r, E. Assistant City Manager Date: ��� ��� 7 Date: 14 APPROVAL RECOMMENDED: By: Chris Harder, P. E. Assistant Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.: C-28158 By: M&C Date: March 28, 2017 Doug'-Ts lack Senior Assistant City Attorney ATTEST: ar: 0 Vary J. [Wer, City Secretary SAS � Dn City of Fort Worth,Texas Standard Agreement for Professional ServicesRevision Date:9/24/2014 Page 8 of 8 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/28/2017 DATE: Tuesday, March 28, 2017 REFERENCE NO.: **C-28158 LOG NAME: 60VCWRTFSITES - GARVER SUBJECT: Authorize Execution of an Agreement for Consulting Services with Garver, LLC, in the Amount of $207,408.00 for the Village Creek Wastewater Reclamation Facility Site Evaluation Study (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize execution of an Agreement for Consulting Services with Garver, LLC, in the amount of$207,408.00 for the Village Creek Wastewater Reclamation Facility Site Evaluation Study. DISCUSSION: This Mayor and Council Communication is to authorize the preparation/completion of a site evaluation study at the Village Creek Water Reclamation Facility (VCWRF). TheVCWRF has been an operational plant since the 1950's and has been expanded several times from its original 5 million gallon per day (MGD) capacity to it's current 166 MGD average dry flow and up to 369 MGD for a two-hour peak flow. The proposed site evaluation study will identify current and future planned space allocation so as to maximize space utilization, and access in order to take full advantage of the property at its location. The proposed scope of work includes compilation of previous studies at the VCWRF and site plan update; facility structures inventory to identify all buildings and treatment structures; site parking needs and plan to identify where roads and parking areas may be modified or expanded to accommodate both existing and future traffic volumes and patterns; and identification and recommendations for disposition of unused/abandoned facility structures. A Request for Qualifications (RFQ) for the Village Creek Wastewater Reclamation Facility Site Evaluation Study was advertised in the Fort Worth Star-Telegram on November 12, 2015. Five consultants responded to the RFQ, from which Garver LLC, was selected as the most qualified consultant based on published criteria. Garver, LLC, proposes to provide the necessary services for a not to exceed fee of $207,408.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. M/WBE OFFICE: Garver, LLC, is in compliance with the City's BDE Ordinance by committing to eight percent SBE participation. The City's SBE goal on this project is eight percent. This project is located in COUNCIL DISTRICT 5 and services ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund and that prior to an expenditure being made, the Water Department has the responsibility to validate the availability of funds. Logname: 60VCWRTFSITES - GARVER Page 1 of 2 FUND IDENTIFIERS (FIDS): TO Fund Department ccounf, Project ProgramActivity Budget Reference # moun ID I ID Year Chartfield 2 FROM Fund Department Accoun Project JProgramActivity BudgetF Reference # moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Dena Johnson (7866) ATTACHMENTS 1. 60VCWRTFSITES GARVER FID Table.pdf (CFW Internal) 2. 60VCWRTFSITES GARVER Form 1295.pdf (Public) 3. 60VCWRTFSITES GARVER MAP01.pdf (Public) 4. 60VCWRTFSITES Gaver Corn plianceMemo.pdf (CFW Internal) 5. SAM Garver LLC.pdf (CFW Internal) Logname: 60VCWRTFSITES - GARVER Page 2 of 2 C-28158 C CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-151328 Garver, LLC Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/06/2017 being filed. City of Fort Worth Date Acknowledged: 1 4 '1,`� 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. VCWRF Site Evaluation Professional engineering services Nature of interest 4 Name of Interested Party Ci ty,State Count ry(place of business) (check applicable) Controlling Intermediary Williams,Daniel Fort Worth,TX United States X Hoskins,Brock Fort Worth,TX United States X Griffin,Michael Fort Worth,TX United States X Holder,Jr.,Jerry Fort Worth,TX United States X Parker,Herbert Fort Worth,TX United States X Jones,Steven Fort Worth,TX United States X Mcillwain,Frank Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. KIRSTEN M.GUFFEY �a° e{ Notary Public,State of Texas �T�,f�}zc Comm.Expires 07-21-2020 �n,°„%��` Notary ID 13074 5536 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said 1 V R/) +'— Ci n ,this the tlr day of r�bfKa 20_j__] ,to certify which,witness my hand and seal of office. nature of officer administering oath Printed name of officer administering oath Title of officer ad inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 v N CO G Q x' x' x' as CL a a , L L L a a a = c c � 3 O O O o E a a E E E m 0 0 0 L L L a a a U L L L n 3 ai v 4.6 w } U r d +}. cn to Q ttoohn .s 3 3 CO m G m M m Ul LL > Ul ,> N � LL ¢ u " a Y o in o v 0 0 0 CL a aL c c c 0 O � 0 0 0 a a a 41 Wa0i U a O � � c c c 3 L L LL LL LL ATTACHMENT A DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY ATTACHMENT A Scope for Engineerinq Design Related Services for Water and/or Sanitary Sewer Improvements ENGINEERING SERVICES FOR VCWRF SITE EVALUATION STUDY 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. The Village Creek Wastewater Reclamation Facility (VCWRF) has been an operational plant since the 1950's and has been expanded several times from its original five(5) million gallons per day (MGD) capacity to its current 166 MGD capacity (permitted average daily flow). The VCWRF plant site is bounded by the West Fork of the Trinity River to the west and north, Waterchase Gold Course to the west, and NW Green Oaks Boulevard to the south and east, and Greenbelt Road to the east. Because of its location, space utilization and access are critical in order to take full advantage of the property and location. Additional property associated with VCWRF include the decommissioned drying beds east of the plant site and the sludge processing and future peak flow basins to the north. The primary goal of this project is to identify current and future planned space allocation. Phase 1 WORK TO BE PERFORMED Task 1. Phase 1 Project Management Task 2. Compilation of Previous Studies & Site Plan Update Task 3. Facility Inventory Task 4. Site Parking Needs and Plan Task 5. Workshop#1 Task 6. Occupied Buildings Task 7. Unused/Abandoned Facilities Task 8. Workshop#2 Task 9. Geodetic Control Phase 2 WORK TO BE PERFORMED (To be Authorized Separately) Task 10. Phase 2 Project Management Task 11. Potential Regulatory Changes Task 12. Liquids Capacity Expansion Task 13. Biosolids Capacity Expansion Task 14. Workshop#3 Task 15. Support Facilities(Plant Water) Task 16. Energy and Electrical Space Allocation Task 17. Final Report and Workshop#4 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 1 of 10 ATTACHMENTA DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY TASK 1. PHASE 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 and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a Phase 1 project kickoff/chartering meeting with CITY staff to confirm and clarify scope, and understand CITY objectives. • Conduct review meetings with the CITY at the end of each major task. • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary , and provide and obtain information needed to complete the project • 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 • Up to 7 MWBE reports will be prepared • Up to 3 meetings with city staff(Phase 1 Kick-off Meeting, Workshop#1, Workshop#2) City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY • Up to 7 monthly water department progress reports will be prepared • Up to 7 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline project schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. COMPILATION OF PREVIOUS STUDIES &SITE PLAN UPDATE The ENGINEER shall review the following existing drawings, studies and reports to identify future planned facilities. • Reclaimed Water Study(APAI) • 2016 Draft VCWRF Thickening Process Study(FNI) • 2016 Peak Flow Management Facility Plans (CDM) • 2014 Peak Flow Management Facilities—Preliminary Design Report(CDM) • 2014 Final Draft VCWRF Biosolids Master Plan (CH2M Hill) • 2012 VCWRF Hydraulic and Capacity Analysis(FNI) • 2011 Alternative Disinfection Evaluations for VCWWTP (Malcolm-Pirnie) • 2011 VCWWTP Side Stream Treatment Evaluation Report(Malcolm-Pirnie) • 2007 VCWWTP Facilities Assessment Study(CH2MHill) • 2007 Reclaimed Water Priority and Implementation Plan (APAI) • 2003 Wastewater Conveyance &Treatment Evaluation Study (APAI) • 2003 VCWRF Odor Control and Corrosion Study Technical Design Memorandum (Malcolm-Pirnie) • 1999 Fort Worth Facilities Plan (2000-2020) (FNI) • 1989 Updated 201 Facilities Plan (FWWD) • 1997 VCWWTP Uprating Study Final Report(APAI) • 1983 201 Facilities Plan (CDM) The ENGINEER shall prepare a table summarizing proposed facilities identified in each of the existing drawings, studies and reports listed above. The table will list future planned structures, as identified by others in the above listed reports, and status of each. Each future planned structure that has an identified size/footprint will be added to the VCWRF Site Plan. The ENGINEER shall provide notation referencing the relevant document by which future facilities were identified. The ENGINEER will update the electronic base map based on red-lines provided by VCWRF staff on August 4, 2016. The red-lines include: Potable Water Yard Piping at Gas Compressor Building (red line dated 4/14/16), Deep Filters Modification Sheet G-8, Scum City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 10 ATTACHMENTA DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY Screen Sheet MP-1, Unknown Buried Piping at Steam Blower Building ( red line dated 8/2/2016), and Biosolids Filtrate Return Piping Sheet EX-2. ASSUMPTIONS • Up to 16 reports will be reviewed • CITY shall provide electronic base map in AutoCad 2015 DELIVERABLES • Site Plan —Future Planned Facilities & Site Plan Update TASK 3. FACILITY INVENTORY The goal of this task is to identify, document, and allocate space for current VCWRF activities—administrative, maintenance, and support activities as well as treatment. The ENGINEER shall complete an inventory of facility structures and identify the following information: 3.1 Occupied Buildings. For occupied buildings(administration, technical support, warehouse), the ENGINEER shall identify current usage, current building code occupancy, current staffing and future planned staffing (future planned staffing to be provided by Fort Worth Water Department) 3.2 Treatment Structures. For treatment structures, the ENGINEER shall identify current usage, current capacity based on TCEQ Chapter 217/317 design criteria, and current building code occupancy and usage (where applicable). Treatment structures/space will be categorized into the following categories: • Facilities being used as designed. • Facilities not being used as designed. • Facilities being used for other purposes. • Open space. • Space allocated in previous studies for a future use. ASSUMPTIONS • Inventory of occupied buildings will be conducted using existing construction plans provided by the CITY and a two-day site visit. • Facility Inventory of treatment structures and support facilities will be conducted using a desktop review of previous reports listed in Task 1 and a two-day site visit. • City shall provide VCWRF staffing plan DELIVERABLES • Technical Memorandum— Facility Inventory City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY TASK 4. SITE PARKING NEEDS AND PLAN The ENGINEER shall review and evaluate facility plans and reports listed in Task 2 that impact existing and future roadway design and vehicle parking. These plans and reports (to be provided by the CITY) include but may not be limited to the VCWRF staffing plan and septic/liquid waste hauling traffic volumes. The ENGINEER shall prepare figures that illustrate areas where roads, drives and parking areas may be modified or expanded to accommodate both existing and future traffic volumes and patterns. The ENGINEER shall prepare a written technical memorandum that identifies locations of these improvements. ASSUMPTIONS • CITY shall provide at least 2-years of historic septic/liquid waste hauling traffic volumes. DELIVERABLES • Technical Memorandum —Site Parking Allocation and Plan TASK 5. WORKSHOP#1 The ENGINEER shall conduct one workshop with the CITY to present and describe: • Site map of future planned facilities; • Facility inventory; and • Site parking allocation and plan, Task 6. OCCUPIED BUILDINGS Based on results of Task 2 and Task 3, ENGINEER shall identify space allocation associated with occupied buildings (administration, technical support, and warehouse). Administrative and maintenance areas will be reviewed to determine if those spaces are being used efficiently, or could benefit from being re-sized, re-purposed or re-located for more efficient use of space. ENGINEER shall provide recommendations regarding space utilization and future space allocation. ASSUMPTIONS • Space allocation shall be based on current staffing and future planned staffing (future planned staffing to be provided by City) and results of Task 2 and Task 3. • Reconfiguration of building space and/or new floor plans are not included in this task. DELIVERABLES • Technical Memorandum (TM)—Occupied Building Space Allocation City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY Task 7. UNUSED/ABANDONED FACILITIES The goal of this task is to identify, document, and recommend disposition of unused/abandoned facilities. The ENGINEER shall complete an inventory table of unused/abandoned facility structures and identify the following information in a summary table: date constructed, potential for future use, recommendations for disposition of unused/abandoned facility. ASSUMPTIONS • Unused/abandoned facilities inventory and recommendations shall include: DAFT, centrifuge building, grease handling building, incinerator, old chlorine contact basin, old decant clarifier, diesel tanks, propane system, chemical bunker and tanks. DELIVERABLES • Table- Unused/Abandoned Facilities • Site Plan — Location of Unused/Abandoned Facilities TASK 8.WORKSHOP #2 The ENGINEER shall conduct one workshop with the CITY to present and describe: • Technical Memorandum (TM)—Occupied Building Space Evaluation; • Table & Site Plan —Unused/Abandoned Facilities; and, • Geodetic Control. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY ALLOWANCETO BE COMPLETED WHEN AUTHORIZED BY CITY Allowance as required by the City—CITY and ENGINEER agree that the following services may be required by the CITY. The ENGINEER shall provide these services, if needed, upon the CITY's written request. No work will be undertaken on these items without specific written authorization from the CITY. These services include the following: Task 9. GEODETIC CONTROL The purpose of this survey is to establish stable geodetic control to assist the CITY with its asset management process and provide a future means of geodetic unity for those who sub- contract with the City on future mapping, asset and capital improvement projects. Final monuments will have a horizontal accuracy of 0.02' and a vertical accuracy of 0.01' at time of installation. The ENGINEER shall: • Set up to 7 top security rod monuments throughout the plant at City chosen positions. • Set up to 9 additional control points (disks set in existing structures)throughout the plant at City chosen positions. • Establish Plant, NAD83 grid and surface horizontal values for all set points using post- processed static GPS methods processed using NGS Continuously Operating Reference Stations (CORS) and Trimble software. Results will be verified using Online Positioning User System (OPUS). • Establish Plant and NAVD88 vertical values for all set points established by post processed static GPS methods processed using NGS CORS stations and Trimble software. Results will be verified by OPUS and leveled using closed digital level runs. ASSUMPTIONS • Top Security Rod Monument is the recommended survey marker that produces stability for most conditions is the three-dimensional (3-D) drivable survey monument. The principal component of this monument is a 9/16-inch stainless steel rod driven into the ground, utilizing a gasoline powered reciprocating hammer, until refusal or a reduced driving rate has been achieved. The rounded top of the rod is the survey datum point. The upper 3 feet of the rod is encased in a 1-inch greased filled plastic extruded fin sleeve that is held horizontally stable by back-filled, washed sand. Effects of up and down ground movement during freeze/thaw or wet/dry conditions are removed from the anchored rod by the grease filled sleeve promoting vertical stability. A 5 or 6-inch PVC pipe with attached standard aluminum logo cap protects and identifies the top of the monument. • Disks Set in Concrete: Berntsen CD2L Leveling Concrete Marker: Perfect for situations requiring horizontal and vertical location, the CD2L features a raised datum point with a small center dimple that works well with flat bottomed leveling rods or standard prism poles. Intended for use in concrete the CD2L is 2" in diameter and can be customized with a double row of lettering around the perimeter. • Primary Points: Top security rod monuments or Berntsen CD2L disks set in concrete structures with known stability will be primary controlling points. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY • Monument Locations: A City representative shall review and approve the recommended general location for all project monuments. A City representative shall aid in final monument locations based on known structure stability and underground obstructions. • NAD83 and NAVD88 values: The National Geodetic Survey's Online Position User Service or OPUS will be utilized to check the primary NAD83 and NAVD88 values based on a 4 hour static observation on the primary project point: The values provided by OPUS are based on the latest CORS network adjustment as operated and maintained by the National Geodetic Survey. • Plant Horizontal and Vertical Values:This task assumes the plant horizontal and vertical values will be established based on a "best fit" of existing structures. Existing plans and survey data will be utilized to establish this "best fit". A City representative shall indicate what structures are to be used as control for plant horizontal and vertical values. • Lost or destroyed monuments/markers: This estimate includes a onetime setting and workup of each monument. All return visits due to destroyed monuments will require additional compensation. • Monument Protection: The City shall be responsible for bollard or any other form of protection after monument installation. • Topographic Survey: This scope does not include topographic survey other than that necessary to provide a diagram map for each monument. DELIVERABLES • Up to 16 control points consisting of no more than 7 rod monuments and 9 disks set in concrete. • A T-post and/or polyethylene sign will be installed near the location of each control point. • Survey Monument Report— List project standards, monument construction, survey control basis and equipment used for installation and data collection. • Newly established coordinate values using the latest adjustments for each monument. ■ Horizontal values include: PLANT, NAD83 (GRID) & SURFACE ■ Vertical values include: PLANT& NAVD88 values • Monument map exhibit, defining the values and attributes of each monument. This includes a location diagram and images. • Plant wide "over all" monument diagram showing the newly established monument locations including any other existing monuments used in the adjustment. • AutoCAD files used to create the report, ASCii file for all established monuments and KMZ files for quick viewing in Google Earth. • All field notes used to calculate monument locations. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY 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: • Detailed design. • Bidding. • Startup and optimization. • SCADA applications engineering. Plant operations optimization. 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. • Construction management and inspection services • Periodic site visits during construction phase • 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 • Services related to Survey Construction Staking City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF SITE EVALUATION STUDY • 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. • Construction Shop drawing review, samples and other submittals submitted by the contractor. • 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 VCWRF Site Evaluation Lump Sum Project 1. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $207,408.00 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. 11. 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 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Garver, LLC Project Management, Process $135,930.00 65.54% Mechanical Proposed MBE/SBE Sub-Consultants JQ Infrastructure, LLC Civil $17,075.00 8.23% Spooner and Associates, Inc. Survey $20,000.00 9.64% Non-MBE/SBE Consultants Freese and Nichols, Inc. Process Mechanical $34,403.00 16.59% TOTAL $207,408.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE VCWRF Site Evaluation $207408.00 $37 075.00 17.88% City MBE/SBE Goal = 8 % Consultant Committed Goal = 8 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 E 2 = w § d � � § QI ) k | ! - ; fa E� | ! 22 | ƒ ! § � G E § in E 'OE � � ■ \lob CD/� < 5 k { j IL a. � 2 § 2 ■ ..§2 2 � 00 LL M } _ a CD4) 2 c CL ° , > o § w / f . 51§ a ee uJu IL L U) U- - a qK � � � k ƒ E J .2 Or § (k{$ ..o 0 �/ 0EEimo /2 /{ }\ » # o § ` »eon o " CL a§ u 0 u>a.U-e_ U) 3:£ M�0 k § E i } a 0 ' 22 \ � \\\� \ \\\\ \\� ) � \ _ _ _ § / � � � � � �� � kkCO / \ ( �; 8a2 § ` §W § § ; m § ;§ \\ \ \ \\ \ }[ ® k \ ° - / ) �j \NJ k ; - - - co Cq - - -7 Iri - - - a � k /\to j SfE�k ¢ i ±f� L2 ) 8 � \ <cw ±w2 . > ; RG2 ] / t ! a 3 ! ; 101- w 09 q ! \ \ § k ] 4 7 - / � � § 4 ) \ �§ {�) k / \\ LD {2 io -.0 | / « f + \ § «§ ! o ) $ # o § /* § ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for VCWRF Site Evaluation None City of Fort Worth.Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 t-t Q 0 -1 0 {j Ln F WLL I S }, acuI__ cc vCL a Y d L7 a 0 3 m L d N LL U 3 U a Of CL o 3 � D O0 m o C o _ a o2J m a V) O C Gl y L O N _ O Ln 7 O C O C Q _ Ln N Ln C > a a 00 U m •(0 o 7 U t: IG V" CL W a` = E CZT=NOO 5N OU, d vm da a 0 O ' .C 2 .2 x 's N a �y Nao Yu o ay tv cdQQ Ev a CL U a in u O H a LL in a LL O a LL a �•-I N Qi 0 N Z 46 m m ei .-i N to Vl %D Il W H N F La a ATTACHMENT E VCWRF Site Evaluation ;r 0 } - Project Location FORT WORTH b Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Signature Name of Employee _6� elf !%�l�i � Title