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HomeMy WebLinkAboutContract 49049 CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and CDM Smith Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Village Creek Water Reclamation r' Facility Grit Removal Process. f" Article I Scope of Services �tiPM Aly r2 The Scope of Services is set forth in Attachment A. �° n� 0) rn rn 00 0 Article II 23 s ; p °„ Compensation The ENGINEER's compensation shall be in the amount of- $1,570,965 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 1 of 17 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 ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 2 of 17 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 3 of 17 discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 4 of 17 affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 5 of 17 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 with all rights of defense 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 or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 6 of 17 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 attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 7 of 17 documentation hereto 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:12.22.2016 Page 8 of 17 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. The doctrine of respondeat superior shall not apply. 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:12.22.2016 Page 9 of 17 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. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 10 of 17 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 for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 11 of 17 (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 H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 12 of 17 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 a.) for convenience only by the City on 30 days' written notice. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days of written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 13 of 17 (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 or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control, other than liability for damage to the extent caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 14 of 17 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 Counterparts This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 15 of 17 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER CDM Smith Inc. A V Jay J. Chapa DoGglas VaWer, P.E. Assistant City Manager Vice President Date: ` l7 Date: N a r• ` %Z APPROVAL RECOMMENDED: By: Jot n Robert Ca man Director, Water Department 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. .$) 3 )Ltz-17 Farida Goderya Senior Project Manager APPROVED AS TO FORM AND LEGALITY By: City of Fort Worth,Texas OFFICIAL R�`,O� Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 `ITT 81CR ETARY Page 16 of 17 WOWNI TX By: Douglas W. Black Senior Assistant City Attorney tfZZV Form 1295 No.2017- '" ATTEST: M&C No.: C- 2- Mary Mary J. Kayser City Secretary M&C Date: S � ��OF F90RT v: o �s OFFICIAL,RECORD CITY SECROARY City of Fort worth,Texas FTG WORTH,TX Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 17 of 17 ATTACHMENT A DESIGN SERviCES FOR VCWRF GRIT REMOVAL FACILITY DESIGN CITY PROJECT NO.:100075 ATTACHMENT Scope for Engineering Design Related Services for Wastewater Treatment Plant Improvements DESIGN SERVICES FOR VILLAGE CREEK WATER RECLAMATION FACILITY GRIT REMOVAL FACILITY CITY PROJECT NO.: 100075 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. PROJECT DEFINITION AND BACKGROUND The Fort Worth Water Department's Village Creek Water Reclamation Facility (VCWRF) Grit Removal Facility Project"the Project' includes proposed improvements to the plant's existing infrastructure and modifications/construction of additional infrastructure for grit removal of the influent flow. The Project includes Study and Report Phase and Detailed Design. Construction phase services are not included as part of this scope and will be subsequent to this agreement. WORK TO BE PERFORMED Phase I—Study and Report Phase 1.1 Project Management 1.2 Project Meetings and Site Visits 1.3 Influent Flow Management Evaluation 1.4 Bar Screen Building No. 3 Evaluation 1.5 Grit Removal Evaluation Phase II—Design Phase 2.1 Project Management 2.2 Project Meetings and Site Visits 2.3 Preliminary Design (30%) 2.4 Final Design (60%, 90%, 100%) 2.5 Bidding Assistance City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 1 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF GRIT REMOVAL FACILITY CITY PROJECT NO.:100073 Phase I—Study and Report Phase ENGINEER will perform engineering investigations, studies, calculations, process analyses, and evaluation of various alternatives. Prepare technical memorandums and preliminary facility drawings in accordance with the requirements in this description of work. The scope set forth herein for the Study and Report Phase includes the following areas of evaluation. - Total plant influent flow management and hydraulics for new Grit Removal Facility - Existing Bar Screen Building No. 3 (BS3) and screening improvements for south flow - Grit removal system for total plant flow 1.1 Project Management ENGINEER will ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will perform project management duties throughout the Study and Report Phase of the Project. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1.1 General Project Management • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.1.2 Communications and Reporting • Conduct monthly project status meetings with the CITY. • Prepare and submit invoices and progress reports monthly in the format requested by the CITY. • Prepare and submit baseline Project design schedule initially, and Project design schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the CITY of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with permitting authorities, other agencies and entities as necessary for the design of the proposed improvements, and provide and obtain information needed to prepare the design. City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 2 of 10 ATTACHMENTA DESIGN SERVICES FOR VCWRF GRIT REMOVAL FACILITY CITY PROJECT NO.:100075 • With respect to coordination with permitting authorities, ENGINEER will communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER will work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. ASSUMPTIONS • Phase I Study and Report Phase will be completed within 6 months from notice to proceed. DELIVERABLES • Meeting and workshop minutes • Up to 6 monthly invoices and progress reports • Up to 6 monthly schedule updates • Up to 6 monthly MWBE reports • Correspondence with permitting authorities 1.2 Project Meetings and Site Visits 1.2.1 Kick-Off Meeting ENGINEER will conduct project kickoff/chartering meeting with CITY staff to confirm and clarify scope, communication protocol, understand CITY objectives, and ensure economical and'functional designs that meet CITY requirements. 1.2.2 Project Meetings Project progress meetings will be held during the course of the project with CITY staff to discuss aspects of the project presently underway, project schedule, and upcoming issues. These meetings will generally be about one hour in duration and are not intended to be formal presentations. The appropriate ENGINEER team members shall attend the meetings to discuss pertinent issues. Monthly progress meetings with the City are planned for this phase of the project. Design Team meetings will be held during the course of the project to discuss aspects of the project and coordinate with team members. These meetings will generally be about one hour in duration. Monthly design team meetings are planned for this phase of the project. 1.2.3 Site Visits ENGINEER will conduct site visits as needed to field verify existing conditions, investigate site conditions, etc. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its SUBCONSULTANTS will carry readily visible information identifying the name of the company and the company representative. DELIVERABLES • Project Progress Meeting agenda and minutes, handouts, and exhibits. City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 3 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF GRIT REMOVAL FACILITY CITY PROJECT NO.A00074 1.3 Influent Flow Management Evaluation ENGINEER will evaluate influent flows to VCWRF and the hydraulics of raw influent flow within the Plant from the Primary Effluent Pump Station No. 1 (PEPS1) and PEPS2 to Influent Box DDD and Influent Box C. Other sidestreams conveyed to the Primary Clarification area will be accounted for in influent flow management evaluation. However, evaluation of sidestream flows and adding their pipe network to the hydraulic model is not included in this scope. Specific components include: 1.3.1 Examine plant influent SCADA data, sidestream flows, and projected flows provided to ENGINEER by the CITY. 1.3.2 Update existing VCWRF InfoWorks hydraulic model with recent plant improvements and the influent flows to match existing conditions and provide an accurate representation of flow movement at the Plant. Incorporate future operations of the Peak Flow Basin into the hydraulic model. 1.3.3 Perform influent flow management analysis on up to 10 influent flow management scenarios. ENGINEER will provide recommendations on how to implement scenarios to allow flexibility in selecting the preferred alternative. The analysis and recommendations will be based on current and projected average day and wet weather flows. Hydraulic elements to be analyzed may include but are not limited to: - Evaluation of the 72-inch interceptor and its hydraulic capability to tie into Influent Box C or Box F1. - Evaluation of a new low-lift pump station at Box C to bring south basin flow to the Headworks Facility. - Evaluation of hydraulics related to new grit removal facilities downstream of BS3, the Screening Facility, or Boxes G and H. - Evaluate flow constraints at Box 4B. - Develop opinion of probably construction cost for each evaluated alternative. 1.3.4 Prepare opinions of probable project cost for viable influent flow management options. 1.3.5 Prepare a Draft Technical Memorandum No. 1 (TM1) to document the flow management analysis results. ASSUMPTIONS • CITY will provide current plant InfoWorks model and projected flows. • ENGINEER will not add sidestream flow pipe network to plant InfoWorks model and evaluate each sidestream system. ENGINEER will only account for sidestream flow as point source in influent flow management evaluation. DELIVERABLES • 10 hard copies and an electronic copy of Draft TM for CITY review. City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 4 of 10 /�ATTACHMENT A DESIGN SERVICES FOR VCWRF GRIT REMOVAL FACILITY CITY PROJECT NO.:1100075 • 10 hard copies and an electronic copy of Final TM1. • Final TM1 will be uploaded to the designated project folder in Buzzsaw 1.4 BAR SCREEN BUILDING No. 3 EVALUATION ENGINEER will evaluate BS3 including the condition and long-term functionality of the facility, options for influent screening south flow, and a recommended course of action. Specific components include: 1.4.1 Detailed structural condition assessment will include the following: - Concrete condition of the wet well and other accessible areas, structural steel superstructure elements, building envelope and roof decking and roofing. Assessment will consist of field observations of the existing accessible facilities, photo documentation of the observations, review of past evaluation reports and BS3 improvements, and sounding of accessible concrete areas. - Develop methods of structural rehabilitation of the deteriorated concrete. - Perform meter thickness testing of critical structural members to determine the degree of corrosion. - Perform detailed structural analysis of the existing facility to determine its capacity, identify any stability concerns given the condition of the structure, and determine its suitability for continued service assuming a 30-year extended service life. - Performed detailed code analysis in accordance with ACI 350 Environmental Engineering of Concrete Structures, and IBC 2014. This analysis will identify areas of the structure that do not meet current code requirements and the improvements necessary to bring it into code conformance. - Review facility O&M access and recommend improvements. - Develop structural design alternatives for improvements to BS3 to accommodate proposed screenings, flow management and other process mechanical improvements. Alternatives are expected to include potentially significant modifications to the wet well and screening channel walls, ground level slab and discharge channels. Complete rehabilitation and/or replacement of the structural steel superstructure is also anticipated. - Develop structural alternatives for proposed screening improvement alternatives for Box C. This potentially includes demolition of interior walls and construction of new screening channels inside and/or adjacent to the existing structure. - Develop structural alternatives in support of proposed mechanical screenings improvements at the Headworks Facility. It is assumed that no significant structural modifications to the existing Headworks structure are required and that the existing screens have sufficient capacity. Some yard vault structures may be required. - Develop opinion of probably construction cost for each of the above alternatives. 1.4.2 Evaluation of screening the south flow at BS3, Box C or the Headworks Facility and/or combined with the Grit Removal facility near Boxes G and H. 1.4.3 Provide summary of findings and recommendations in Technical Memorandum No. 2 (TM2). City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 5 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF GRIT REMOVAL FACILITY CITY PROJECT NO.:100075 DELIVERABLES • 10 hard copies and an electronic copy of Draft TM2 for CITY review. • 10 hard copies and an electronic copy of Final TM2. • Final TM2 will be uploaded to the designated project folder in Buzzsaw 1.5 Grit Removal Evaluation ENGINEER will perform an evaluation of grit removal system and technologies and determine a basis of design for improvements to the grit removal process at VCWRF. Specific components include: 1.5.1 Review the 2015 Draft TM1 VCWRF Grit Removal Technology Evaluation prepared by HDR and additional grit test reports on Digester#2. If further grit sampling and evaluation is needed, the City will conduct test and provide to Engineer. 1.5.2 Evaluate multi-tray free vortex and forced vortex grit removal processes only for all plant flow. Determine particle size for design. 1.5.3 Evaluate options for odor control improvements. 1.5.4 Recommendation for location and process for grit removal. 1.5.5 Summarize findings and recommendations in Technical Memorandum No. 3 (TM3). ASSUMPTIONS • Additional grit sampling and characterization will be conducted and provided by the City. DELIVERABLES • 10 hard copies and an electronic copy of Draft TM3 for CITY review. • 10 hard copies and an electronic copy of Final TM3. • Final TM3 will be uploaded to the designated project folder in Buzzsaw Phase II Detailed Design The scope set forth herein for detailed design is for a multi-tray free vortex grit removal facility including the following: - 320 mgd grit removal facility, enclosed structure - Grit collection and disposal improvements - Modifications to existing Headworks Facility for grit facility tie-in - Flow monitoring improvements - Yard piping, paving and grading improvements - Architectural and structural improvements - Odor control and HVAC improvements - Electrical and instrumentation improvements The following scope does not include the following areas of improvement and shall be addressed by contract amendment upon completion of TM1 and 2 and the scope of work is further defined. City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 6 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF GRIT REMOVAL FACILITY CITY PROJECT NO.:1100075 - hydraulic improvements for south flow(i.e. pump station or gravity flow to Box F1) - hydraulic improvements for west flow(i.e. bottleneck at Box 4B) - BS3 rehabilitation, or screening improvements for south flow 2.1 Project Management ENGINEER will ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will perform project management duties throughout the Detailed Design Phase of the Project. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 2.1.1 General Project Management • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 2.1.2 Communications and Reporting • Conduct monthly project status meetings with the CITY. • Prepare and submit invoices and progress reports monthly in the format requested by the CITY. • Prepare and submit baseline Project design schedule initially, and Project design schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the CITY of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with permitting authorities, other agencies and entities as necessary for the design of the proposed improvements, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER will communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER will work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. ASSUMPTIONS • Phase II Detailed Design Phase will be completed within 9 months from notice to proceed. DELIVERABLES City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 7 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF GRIT REMOVAL FACILITY CITY PROJECT NO.;1100075 • Meeting and workshop minutes • Up to 9 monthly invoices and progress reports • Up to 9 monthly schedule updates • Up to 9 monthly MWBE reports • Correspondence with permitting authorities 2.2 Project Meetings and Site Visits 2.2.1 Progress Meetings Project progress meetings will be held during the course of the project with CITY staff to discuss aspects of the project presently underway, project schedule, and upcoming issues. These meetings will generally be about one hour in duration and are not intended to be formal presentations. The appropriate ENGINEER team members shall attend the meetings to discuss pertinent issues. Monthly progress meetings with the City are planned for this phase of the project. Design Team meetings will be held during the course of the project to discuss aspects of the project and coordinate with team members. These meetings will generally be about one hour in duration. Monthly design team meetings are planned for this phase of the project. 2.2.2 Site Visits ENGINEER will conduct site visits as needed to field verify existing conditions, investigate site conditions, etc. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its SUBCONSULTANTS will carry readily visible information identifying the name of the company and the company representative. 2.3 Preliminary Design (30%) 2.3.1 Survey ENGINEER will use aerial photogrammetric surveying performed as part of the Peak Flow Management Project. ENGINEER will perform topographic and improvements survey of visible improvements in the west side of the plant for the grit removal facility. ENGINEER will establish horizontal and vertical control for site. Horizontal control will be based on Texas State Plane Coordinates, NAD83. Vertical control will be based on NAVD 88. 2.3.2 Geotechnical Investigation ENGINEER will perform geotechnical investigation for the grit removal facility. The preliminary investigation included drilling up to 4 borings to explore the subsurface conditions; evaluating the pertinent engineering properties of the subsurface materials; addressing groundwater levels related to groundwater dewatering; and providing preliminary recommendations regarding the proposed improvements. ENGINEER will prepare draft and final Geotechnical Reports. City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 8 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF GRIT REMOVAL FACILITY CITY PROJECT NO.:100075 DELIVERABLES • Draft and Final Geotechnical Investigation Reports • Final Geotechnical Investigation Report will be uploaded to the designated project folder in Buzzsaw 2.3.3 Physical Modeling ENGINEER will complete a physical modeling of grit removal facility to evaluate flow characteristics of the influent channels to facilitate design of the grit removal units. 2.3.4 Preliminary Design Report(30%) ENGINEER will prepare Preliminary Design Report (PDR) establishing design criteria and 30% conceptual level design and cost for the Project. PDR will be submitted to CITY per the approved Project Schedule. Preliminary Design Report deliverable will include proposed site plans, proposed piping layouts, process flow diagrams, hydraulic profiles, process mechanical and instrumentation diagrams (PMIDs), electrical one-line diagrams. Drawing format will be in 2D platform. Major equipment specifications and construction sequencing and major tie-in list will be delivered for the Preliminary Design 2.3.5 Opinion of Probable Construction Cost Engineer will prepare opinions of probable project cost based upon 30% complete design documents. DELIVERABLES • 10 hard copies of Draft and Final PDR • Final PDR will be uploaded to the designated project folder in Buzzsaw 2.4 Final Design (60%, 90%, 100%) Upon approval of the Preliminary plans and specifications, ENGINEER will prepare final design plans and specifications as follows: 2.4.1 Final Plans and Specifications Draft Final plans and specifications will be submitted to CITY per the approved Project Schedule. Drawing format will be 2D platform. ENGINEER will provide CITY ten (10) sets of review documents at 60% and 90% completion level. 2.4.2 Opinion of Probable Construction Cost The ENGINEER will submit a final design opinion of probable construction cost with both the 60% and 90% design packages. The ENGINEER will submit a final opinion of probable construction cost for the project. City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 9 of 10 ATTACHMENT A DESIGN SERVICES FOR VCWRF GRIT REMOVAL FACILITY CITY PROJECT NO.:100075 ASSUMPTIONS • ENGINEER will not proceed with Final Design activities without written approval by the CITY of the Preliminary Design Report • The CITY's front end and technical specifications will be used. ENGINEER will supplement the technical specifications if needed. • Preliminary sheet count is 120 sheets. Sheet count is based on design of one common grit removal facility for all flow and not split facilities for south and west flow. ENGINEER will provide update on estimated preliminary sheet and specification list throughout the project. DELIVERABLES • 10 hard copies of plans and specifications will be provided for each deliverable. • Final Plans and Specifications will be uploaded to designated project folder in Buzzsaw. 2.5 Bidding Assistance 2.5.1 Prepare Bid Documents Upon approval of 90% design plans and specifications, ENGINEER will prepare final construction documents for bidding purposes. ENGINEER will provide five sets of 100% sealed documents to CITY for final review. These documents will also be submitted to TCEQ for review/approval. ENGINEER will update plans and specifications with any final comments prior to bidding. 2.5.2 Pre-Bid Meeting ENGINEER will conduct pre-bid meeting. 2.5.3 Clarifications/Addenda ENGINEER will provide necessary interpretations and clarifications of contract documents from bidders during the bidding phase. If necessary, such clarifications will be included in Addenda. 2.5.4 Bid Opening/Recommendation of Award Engineer will attend Bid Opening and review bids for recommendation of award of construction contract. 2.5.5 Conformed Documents ENGINEER will prepare conformed documents for the construction project, incorporating addenda items into the plans and specifications, and provide ten sets of half-size plans and specifications and five sets of full size plans for use by the CITY and Contractor during construction. City of Fort Worth,Texas CDM Smith Scope Revision 5 Attachment A,PMO Release Date:07.23.2012 03/02/2017 Revision 2:05.21.2014 Page 10 of 10 ATTACHMENT B COMPENSATION Design Services for Village Creek Water Reclamation Facility Grit Removal Process Project City Project No. 100075 Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.2. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll- related taxes, payments, premiums, and benefits. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent(10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 t ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant CDM Smith Inc. Project Management/ Design $1,194,025 76% Proposed MBE/SBE Sub-Consultants JQ Infrastructure Structural Design $266,940 17% Alliance Geotechnical Geotechnical Investigation $15,000 1% Group Non-MBE/SBE Consultants Freese & Nichols Hydraulic Modeling $65,000 4% Clemson Engineering Physical Modeling $30,000 2% Hydraulics TOTAL $1,570,965 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE 100075-VCWRF Grit Removal Process $1,570,965 $281,940 18% City MBE/SBE Goal = 11% Consultant Committed Goal = 18 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Village Creek Water Reclamation Facility Grit Removal Process City Project No. 100075 No Changes to Standard Agreement City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 N Z 0 N In N f0 W r-I Nco O� r-I C- r- Z CD N_JI i a, _ ' c o Nv fT 0 E c - T w w `° o c 2 w w 0- 0 O 4 o d V O1 a` am o r-I r l n J ^ ^ ^ LJ r'I r� 00 00 \ • \ \ \ \ \ \ \ \ \ \ Ln LA 00 r-1 Ln Ln 00 r-I I,P') U1 C0 ri ri N M ri ri ri �- w Lf Ll Ln N N ri N N N r-I N N N ri N \ N \ \ \ \ \ \ \ \ \ �. \ \ �. 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O a � sml.d red � Ma—� ar o p. Project Location: ffi Village Creek Water Fort Worth -. `T�.. Reclamation Facility ip Arlinglon 4500 Wilma Lane lqw."Z.. Arlington, TX '4• i IDI" 76012 \ . aZ?a \k / } , as a , ;:§ §§ ;E;m■f!*$!&E!>tl+t§!§;;r! � - ` _4!2l 2;;��! , r!! ■§ !!§E§t= l;:„! ,,, , - !> ' :_,! ; R ;R ;§� ,,! , ; !: :: : _ & ,l: :��E UJ \ ( !. :;! E\ \ -.E ( ,\ § \\\\ \ \}\\/}\\\j\(\ \\\\ in\\\\\\\ -E L\j�\\\\\�\\�\\\\\ � City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/2/2017 -Ordinance No.22698-05-2017& Resolution No.4774-05-2017 DATE: Tuesday,May 2,2017 REFERENCE NO.: **C-28213 LOG NAME: 60VCWRF GRIT REMOVAL PROCESS-ENG DESIGN SUBJECT: Authorize Engineering Agreement with CDM Smith,Inc.,in the Amount of $1,570,965.00 for the Process Evaluation and Engineering Design for the Grit Removal Facility for the Influent Flows at the Village Creek Water Reclamation Facility,Provide for Additional Project Costs for a Total of $1,870,965.00 and Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future debt for entire Grit Removal Facility Project; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water/Sewer DPN Fund in the amount of $1,870,965.00 from available funds; and 3. Authorize the execution of an Engineering Agreement with CDM Smith, Inc.,in the amount of$1,570,965.00 for process evaluation and engineering design of Grit Removal Process at the Village Creek Water Reclamation Facility. DISCUSSION: The City of Fort Worth owns and operates the Village Creek Water Reclamation Facility(VCWRF),a 166 million gallons per day(MGD)plant, comprised of primary, secondary and tertiary treatment,chlorine disinfection and de-chlorination.The two-hour peak flow is rated at 369 MGD. The VCWRF produces anaerobically digested biosolids,which is further processed at the Biosolids Dewatering and Processing Facility,located two miles north of VCWRF. CDM Smith,Inc.,has been selected as the consulting firm for the Grit removal process at the VCWRF. This will include the preliminary evaluation and detailed design contract documents of additional/improvement infrastructure needed for the grit removal of the influent flow. The scope for the preliminary evaluation includes the following: total plant influent flow management and hydraulics for new Grit Removal Facility; existing Bar Screen Building No. 3 (BS3)and screening improvements for south flow; and grit removal system for total plant flow. The detailed design is for a grit removal facility,which includes evaluation of Grit Removal technology options from both economic and noneconomic perspectives,determination of optimum configuration within the plant site,developing an engineering plan, followed by detailed design plans and specifications for bidding. CDM Smith,Inc.,is proposing to perform the necessary work as needed for the Grit Removal Process evaluation and design improvements for a fee not to exceed$1,570,965.00. In addition to the contract amount, $250,000.00 is required for contingency allowance and$50,000.00 is required for project management and associated Water Department staff time. Engineering Service is anticipated to commence in May 2017,with a contract time of 18 months,it is estimated to be complete by December 2018. The construction is anticipated to start in April 2019,with an estimated construction time of 24 months. The total estimated amount for the Grit Removal Facility project is around$19,000,000.00. 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 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 Direct Purchase Note 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 2017-2021 Five-Year Capital Improvement Plan on January 24,2017,Mayor and Council Communication(M&C G-18927). The 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 budgetary 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. MIWBE OFFICE -CDM Smith,Inc., is in compliance with the City's BDE Ordinance by committing to an 18 percent SBE participation. The City's SBE goal on this project is 11 percent. J This project serves the entire City and is located in COUNCIL DISTRICT 5, Mapsco 90J, 90Q and 90S. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the Water/Sewer DPN Fund. Appropriations for the Grit Removal Facility Project are as depicted in the table below: Existing Additional Project Fund Appropriations A ro riations Total Water& Sewer DPN Fund 56011 $0.00 $1,870,965.00 $1,870,965.00 ro'ect Total $0.00 $1,870,965.00 $1,870,965.00 *Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) FROM Department Account Project Program Activity Budget Reference# Amount Fund 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: Farida Goderya (8214) ATTACHMENTS 1. 60VCWRF GRIT REMOVAL FACILITY REIMB RESOLUTION.doc (Public) 2. 60VCWU GRIT REMOVAL PROCESS FID Table.pdf (CFw Internal) 3. 60VCWRF GRIT REMOVAL PROCESS ENG DESIGN WATER CAP FUND AO17 .docx (Public) 4. Form 1295 Certificate CDM 2017-192278.Rdf (Public) 5. J ID0000108753 56011.PNG (CFw Internal) 6. SAM SearchResults for CDM Smith.pdf (CFW Internal) 7. SBE Compliance Memo for CDM Smith 3-14-17.12df (CFW Internal) 8. VCWRF-Grit Removal Process.pdf (Public) C-28213 C CERTIFICATE OF INTERESTED PARTIES FORM 1295 1o12 Complete Nos.i-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. 2017-192278 CDM Smith Inc. Fort Worth,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 04/13/2017 being filed. City of Fort Worth,Texas Date Ack71 e+dg d: / 1 . 3 Provide the identification number used by the governmental entity or state agency to track or identify the contr ct,and provide a description of the services,goods,or other property to be provided under the contract. 100075 Village Creek Water Reclamation Facility(VCWRF)Grit Removal Process 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary O'Brien,William Boston,MA United States X Shea, Paul Boston, MA United States X Stevenson, Howard Boston,MA United States X Tunnicliffe, Peter Boston,MA United States X VanAntwerp,Robert Boston,MA United States X Wall,Timothy Boston,MA United States X Walters,Gae Boston,MA United States X Hickox,Stephen Boston,MA United States X Desmaris,Thierry Boston, MA United States X Hughes,Colleen Boston,MA United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 p CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 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 I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-192278 CDM Smith Inc. Fort Worth,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 04/13/2017 being filed. City of Fort Worth,Texas Date Acknowledged: 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. 100075 Village Creek Water Reclamation Facility(VCWRF)Grit Removal Process 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary 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. +"'wY,►'�ii GENA L. PERRY NOfdfy Public, itOt9 Of Texas *y My Commission Expires July 30, 2018 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me,by the said J. Dari Shannon this the 13 day of April 20 17 to certify which,witness my hand and seal of office. Gena L. Perry Office Services Coordinator gnature of o icer ad ' ' ering oatA Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883